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HomeMy WebLinkAbout03-21-1995 e • CITY COUNCIL AGENDA PACKET 3-21-95 • r • „~1~at 4dn • I ~ • AGENDA CITY OF DENTON CITY COUNCIL March 21, 1995 note Closed Meeting of the City of Denton City Council on Tuesday, .tMarch 21, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 P.M. 1. Closed Meeting: A. Legal. Matters Under TEX. GOVT CODE Sec. 551.071 1. Discuss responses to RFP for law firms desiring to represent City relating to failure of GTE to produce records and remit franchise fees as required by the City Charter and discuss GTE's response to issues raised in meeting of March 6, 1995 with GTE's attorney, B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Consider performance evaulation and pay adjustment for the Senior Assistant City Attorney. Work Session of the City of Denton City Council on Tuesday, March 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: t`Y NOTE: A Work Session is used to exdlore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff: direction into whether or not such matters should be placed on a future regular or special meeting of the council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City • staff, officials, members of City committees, and the individual or organization proposing council action, if invited by city council or. City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so D citizens are not allowed to participate in the session unless • • Invited co do so by the Mayor, Any jitizen 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 • 1 ca • City of Denton City Council Agenda Ageatfalt March 21, 1995 fV-I C Page 2 E1rfiB__ agenda, the staff will generally prepare a final report defining the proposed actin, 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 l citizens without having to attend two meetings. 6:00 p.m. 1. Receive a report, hold a discussion and give staff direction regarding an amendment to the current ordinance regulating the keeping of swine in the city limits. 2. Consider recommendations from the 191 Committee to use interest money to fund CIP projects and give staff direction. 3. Receive a report and hold a discussion on proposed amendments to the lease agreement between the City and Morrison Milling Company. 4. Receive a report, hold a discussion and give staff direction regarding a request by Denton County for participation in the paving of Shady Shores Road. Regular Meeting of the City of Denton City Council on Tuesday, March 21, 1995 at 700 p.m, in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be C considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the February 28, 1995 meeting. 3. Consider adoption of an ordinance annexing a tract of 199.5 acres located east of Mayhill Road and north of Edwards Road) and approving a temporary agricultural zoning district • classification for the annexed property. (The Planning and Zoning Commie lion recommends approval 5-0.) 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance providing for a change from temporary • Agricultural Zoning District (A) to Light Industrial (Lr) • 0 zoning district classification and use designation for a 199.5 acre tract located north of Edwards Road and east of Mayhill Road and approving a Specific Use permit to operate a landfill in the district. (S-204) (The Planning and Zoning commission recommends approval 5-0.) a 0 • 1_ sa • Agenda No City of Denton City Council Agenda t111tl,__i?.~ March 21, 1995 Page 3 B, Hold a public hearing and consider adoption of an ordinance amending Section 34-125 of the Code of Ordinances to prohibit the platting of lots with lot- incompatible zoning districts. (The Planning and Zoning Commission recommends approval 7-0.) 5. Consider two variances to the subdivision and Land Development Regulations, regarding sidewalk and perimeter paving, for Hickory Creek Estates, The 138.8 acre tract is located north of Jim Chriatal Road, immediately west of Egan Road, (The Planning and Zoning commission recommends conditional approval on a 6-1 vote. The Commission's recommendation was conditioned on $7,560.00 per lot for road improvements be provided by the developer for five of •che seven lots in the subdivision.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. 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 7,A, 7.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda, Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: • 1. Bid #1718 - Refuse Containers 2. Bid x`1728 - Electric Meters CT'S and Meter Sockets 3. Bid x'1733 - Service Bodies and Crane 4, Bid x"1739 - 12 Cubic Yard Refuse Body 5. Bid #1707 - South Lakes Park Construction 6. Bid #1737 - Renovation Fred Moore Child Care Center • B. Tax Refunds • 1. G. E. Capital Mortgage Services, Inc. / Betty McKean - $975.13 2. First American Title Co./Shelley A. Alexander - $806.08 ..r .wr.. ...r., n... ~.,.n. , rr W.~.wir.,wlW4iY1.~ YI• • ~a • AQetMeNn_ ~ _1_~ City of Denton City Council Agenda Ap[!lfdalie(2 _ March 21, 1995 ~I Page 48r~ ~e LJ u~'b 3. First American Title Co./Robert A. Walker - $780.77 4. Jeff Wawro - $591.85 5. Fleet Mortgage Group/Gary M. Jenkins - $680.93. 7. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid 11718, 5.A.2. - Did #1728, 5.A.3. - Bid ,#1733, 5.A.4. - Bid #1739) B. Consider adoption of an ordinance accepting competitive bids and provi.ding for the award of contracts for public works or improvee;ents. (5.A.5. - Bid #1707, 5.A.6. - Bid #1737) 8. Ordinances A. Consider adoption of an ordinance amending the 1994-95 budget of the City of Denton by appropriating the sums of $20,833 from the unobligated fund balan;e of the motor pool fund to account number 720-025-0584-9104. B. Consider adoption of an ordinance amending ordinance No. 95-001 relating to the award of Did Number 1693 for the purchase of fleet vehicles to provide for the purchase on one additional 3.5 passenger van bid item #8A. (Bid #1693) C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the law firm of Freilich, Morgan, Leitner & Carlisle retaining such firm to propose revisions to the City of Denton Zoning Ordinance based on the recommendations of the Zoning ordinance Task Force. D. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and • the City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of amid agreement. E. Consider adoption of an ordinance limiting the parking of vehicles on certain portions of East Hickory Street to one hour parking. • . • F. Item Pulled • 0 • t ~ • ag9nde~l0~~ City of Denton City Council Agenda A6~endallsnZ.~. ]r March 21, 1995 [~jy X15 Page 5 G. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue. H. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Der:ton Chamber of Commerce for the payment and use of hotel tax revenue. I. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Museum for ?:he payment and use of hotel tax revenue. J. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical roundation for the payment and use of hotel tax revenue. K. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue. 9. Resolutions A. Consider approval of a resolution supporting a fair and cost effective vehicle emissions testing program and federal air quality requirements. B. Consider approval of a resolution supporting the City's submittal of a landfill permit application to the Texas Natural Resource conservation commission for the proposed expansion of the City's municipal landfill located on Mayhill Road. 10. Consider nominations/appointments to the Juvenile Crime 9 Interagency Coalition, 11. Consider nominations/appointments to the Keep Denton Beautiful Hoard, the Traffic Safety Commission and the Cable T. V. Advisory Board. 12. vision Update 13. Miscellaneous matters from the City Mananer. i i City of Denton City Council Agenda March 21, 1995 Agendalte Page 6 tX{~81-.-=~.-~ 14. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 15. New Business This item provides a section for Council Member3 to suggest items for future agendas. 16. 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. GOVrT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was postrid on the bulletin board at the City Hall of the City of Dentonr Texas, on the _day of 1995 at oralook (a.m.) (p.m.j CITY SECRETARY NOTE: THE CITY OF DE'NTON CITY COUNk [L CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICAN) WITH DISA"'ILITIES ACT. THE CITY WILL PROVIDE SIGN LAI'jUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8909 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. ACC0025C i ~ i i s y !t i ---CITY ~COUNCII r y {{1 aa1 • R 1j 7~I 7 'I r~ ~ 4 { 1 Y, LEW= Y s r • • S AQ, Me. o D C1TY Of DfNTON, TdXA8 MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TFXAS 7620 t MEMORANDUM DATE: March 14, 1995 TO: Mayor and City Council Members FROM; Nonie Malo-Kull, Manager Environmental Health Services SUBJECT; POT-BLLLIED PIGS The Animal Control Division enforces Section 6-13 (a) of the Code of Ordinance, which prohibits the keeping of swine within 1,000 feet of any building, upon receipt of a citizen complaint. The division does not have the personnel resources to initiate investigations of citizens keeping Pot-bellied Pigs at their residences without first receiving a complaint, An Animal Control Officer may take the following action upon completion of a case investigation; Give the animal owner a reasonable period of time to relocate the animal so that it is in compliance with the ordinance. 0 Cite the owner for violation of the ordinance, On February 27, 1995, Animal Control received a complaint that alleged, among other concems, • that a Pot-bellied Pig was being housed at 615 Campbell, Our response to this complaint revealed that Mr, and Mrs. Joel Bessires did have a Vietnamese Pot-bellied Pig, The Bessires were advised that they were In violation of the ordinance and asked to correct the situation, Currently, "Patty," the pig complained of, has been taken out of the city, by the Bessires. On March 7, 1995, Mr, Bessires gave a citizen's report to the City Council asking that the • f • ordinance be amended or that the Council consider the matter in a future work session. My research on the issue has shown that there are a number of topics to be considered relevant to the possible revision of this sectlon of the ordinance. 8171666.8200 D, FIN METRO 434.2528 • 0 ra r 4lendeNo 4gendaltettt_!~~ - DISEASE POTENTIAL k+tP __te `~1 2qu Vietnamese Pot-bellied Pigs are potential reservoirs for a minimum of two (2) swine diseases that are known to be contagious to humans: leptospirosis and bru^ellosis Both diseases are also known to infect other livestock animals, dogs, and a variety of wildlife, Leptospirosis Is commonly transmitted through contact with infected urine. Swine are considered the primary reservoir for leptospirosis Infection in humans. Brucellosis is a serious, contagious disease that produces acute fever symptoms and frequent long-term disability In humans. Brucellosis is transmitted through contact with Infected blood, tissues, and, in rare instances, saliva, Possible Consideration: Vaccination for brucellosis is unreliable. In spite of the aforementioned considerations, many communities have successfully adopted ordinances which allow Pot-bellied Pigs to be kept as pets, when they are housed under specific conditions. Generally, these ordinances appear not to classify the pigs as a cimmonly accepted pet which would be allowed by right on any lot, but rather permit Individual requests to keep such animals to be considered on a case-by-case basis by a "Zoning Board of Appeals" via a special permit process. These entities are of the opinion that the Pot-bellied Pig Is a companion animal, interacts well in the human environment and is not a true threat to the public health, as rabies is virtually non- existent in this species. They can be crated and litter-box trained and also trained to walk on a leash. I am in the process of attempting to secure actual copies of ordinances from communities that do allow Vietnamese Pot-bellied Pigs to be kept as pets. These ordinances may prove to be helpful, should the City Council direct us to prepare an amendment to our current orJinance on the keeping of swine, if you require any additional information, I will be happy to respond, • r rl _ TI~ Nonle Malo-Kull 0 wp 0 • Attachment AAAOIOBB • • RESEARCH FINDINGS rig". r 3 q L1 Vietnamese Pot-bellied Pig (Also known as the "Oriental Pygmy Pig" and the "Chinese Miniature Pig") GENUS AND SPECIES CLASSIFICATION The Vietnamese Pot-bellied Pig is classified under the genus and species "Sus scrofa." This genus and species is also given to the majority of varieties of domestic pigs worldwide. There is no subspecies classification. There is no scientific distinction between the Vietnamese Pot- bellied Pig and other breeds of domestic pigs. Members of the same species of animal can interbre4A. Because it is a miniaturization of a domestic variety pig, the Vietnamese Pot-bellied Pig can be expected to be behaviorally synonymous with the domestic pig (exhibiting squealing, rooting, foraging, and wallowing behaviors similar or identical to domestic livestock pigs). Possible Considerations: D A species specific revision to the Code affecting pigs will, by nature, encompass all domestic pigs as well as Vietnamese Pot-bellied Pigs, because there is no breed (subspecies) distinction for the Vietnamese Pot-bellied Pig, An amendment to the Code to allow one of the species "classified" as livestock to be kept under new residential conditions will set a precedent, entitling the owm.r of any of the other species (i.e. horse, cattle, sheep, and goats) to non- discrimination, equal treatment under law. SIZE AND PHYSICAL CHARACTERISTICS The Vietnamese Pot-bellied Pig commonly achieves an adult size of 120 pounds. Smaller, individual specimens may ha produced by selectively breeding the runes which are not r :l asentalive of the species. Nc n-selective breeding of normal-sized offsprings, which comprise o,e. buN of the population, produces specimens o,normal size, The average, weight of an adult e , .i belly is 50 pounds. Both the boar and the sow produce tusks at approximately 18 months of age. The tusks are rigid and sufficiently Sharp as to enable the animal to unearth and saver roots and plant material, The j tusks are also used by the animals for defense. I t Possible Consideration: • The risk of injury to humans or other pets from a tusked animal of this size, as well as the potential for property damage, should he evaluated. - • f VIETNAMESE POT-B?-LLIED PIG ORDINANCES ZONING NUMBER APPLICATION MAXIMUM MAXIMUM _ CITY ALLOWED HOUSING VACCINATIONS (REGISTRATION) NEUTERING SIZE WEIGHT ARLINGTON 3 Adults Inside-100' 18" 95 lbs. from any bldg. t. 31, CARROLLTON 2 Adults Indoors Erysipelas Parvo 18" 60 lbs. Virus Leptospirosis FORT WORTH 2 Adults Indoors Erysipelas Yes Yes/M & F 60 Ibs M GARLAND 0 IRVING 2 Adults Indoors Erysipelas Yes 18" 50 lbs. • LEWISVILLE 2 Adults Yes YWM & F 19" 95 lbs. MESQUITE I per acre d (2 acre min.) PLANO 2 Adults Indoors Erysipelas Yes Yes/M l8" 9 sff _ • O RICHARDSON No limit 77 pp c~ AAA03100 • f s;, 0 r R n P a r • 1- w r pates .6r CITY of DENTON, TEXAS MUNICIPAL BUILDING # DENTON, TFXAS 76201 • TELEPHONE (817) 566.8307 Office of the C+ty Manager MEMORANDUM TOt Lloyd V. Harrell, City Manager PROMt Rick Svehla, Deputy City Manager DATBi March 8, 1995 SUBJBCTt Recommendations of the '91 Committee I have attached the back up material from the '9I. Committee meeting which was held Monday, March 6`h. We discussed the seven projects to be funded with interest money from the existing bonds. Staff felt that all of these were legitimate projects and should be considered. All four members of the Committee were present. Three of the members voted for, all of the projects. One member abiatained, The reason for Mr. Claiborne's abstention was that he f It that the 2499 project was not an initial highway project, and therefore, he had some reservations about doing that. I advised the Committee that 2499 had been named as a priority by the Council since 1988' and though it was not named in 1986, it had become a priority and could, in many ways, be looked at as part of Loop 288 since it will connect. with Loop 288. The Minute order issued by TXDOT for this northern end of the 2499 project included the section of Loop 288 from Teasley to I-35 at Mayhill Road and continued to the existing Loop 288 at Spencer Road. The rest of the members felt that was reasonable to include it in the consideration and, therefore, voted to recommend all of the projects to the Council, If you or the Council has further questions, I would be happy to ! try and answer them at your convenience. Ricer la Deputy City Manager ! , • • RS,bw AMM00643 Attachment "Dedleated to Quailty &m4ce " t L • ra • Agrdalt We ~i~.: MY of DENTON, TEXAS MUNIOPAL BUILOfNG ~ DEN TON, TEXAS 78201 0 TELEPHONE (617) 566.6307 Office of the City Manager MEMORANDUM TO: '91 Committee Members PROMt Rick Svehla, Deputy City Manager DATEt February 26, 1995 SUHJECTc Update for Meecing Scheduled for Monday, March 6, 1995, at Noon in the City Manager's Conference Room It has been quite a chile since we met, and we promised last time that we were getting tcward the end. We are indeed. In fact, Tuesday night, we wi;l be selling bonds to cinish up a}1 the drainage bonds and the other street projects you recommended. We will also sell $750,000 of the highway money for sidewalko. We also have more good news for you. That is, we have to allocate interest money again, and as usual, between Jerry Clark and mysLif, we have a number of projects that we would like you to consider. They are the following: Tea Jny Lane Driveways You allocated some money about two years ago to do the Teasley Lane driveways in conjunction with the Teasley Lane -onstruction, Since that time, two things have happened. First, the State is acting a little differently than we thought about removals, etc. Second, becarse of the way they are building some of the approaches, we have had to make some changes. Suffice it to say, we have about • $4j,000 worth of extra work to do, and we would like to use some of this interest money to facilitate those driveways. TLS III We were notified approximately a month ago that we will be eligible to receive two grants. The first is for Welch Street which would • allow us to interconnect the signals along Welch. It is for $72,901. Our share of that is approximately $15,000 so it is • E roughly 80/20 money. Again, we think that is a very good deal. 1 The second TLS grant is for Oak and Hickory, This is the same kind of project to run wire and poles to interconnect the Oak and "Dedicated !a Qualin, Sendce" • Ca AAendalto '91 committee S February 28, 1995 ~c Lt Page 2 Hickory signals near Avenue A into our system. The grant is also for $72,901 and will require again about a $15,000 match. F M. 2499 You may recall that the city has entered lnto a joint agreement with TXDOT and the County to help provide engineering services for the feasibility study for 2499. What we would be asking for here is $20,000. This would allow us to charge for our engineering se.-vices and reimburse the General Fund for work that Jerry would do. I think you all are aware that we have been working on 2499 for years and have been absorbing all of those costs, and we think that this is a reasonable kind of thing that could be funded with some bond interest money. Locust Strcrt sidewalk we have had several requests over the last year for a sidewalk to run from-Locust and Orr Street north along Locust to the sidewalk that has been constructed by Food Lion. This walk would provide access to a number of school age children either going to Strickland Middle School or Evers Elementary that live in the Locust/Orr Street area. Engineering staff has estimated the cost of this walk to be $12,000. Winds-oz Drainage St" ur Several years ago, subdivisions were extended along the northern side of Windsor. When those were built, the developer was required to build the drainage intake structure north of Windsor that empties into a channel that crosses Windsor almost at its eastern terminus. What we would ask for is funding of approximately $20,000 to be used to lengthen some of the rip rap structures near this inlet to help eliminate erosion and deterioration of the inlet structure itself. Mavhill Hridae • Today, representatives from TXDOT brought us the contracts for the Mayhill bridge. You might remember that the Council just approved the sale of our last $300,000 worth of drainage bonds. Included in those bonds was $20,000 for this bridge. That cost was based on a 90/10 funding split. The contract we received today makes the split 80/20; therefore, our cost has increased approximately O $22,000. consequently, we would recommend using $22,000 of • interest money to complete our matching funding for this project. • +gandaNo G - 4gendallrn 1A 1 91 Committee laid _-113. February 28, 1995 Pagt- 3 TXDOT Rib-V_ d{ na Monev In January of this year, we were advised by TXDOT that the Highway Commission had authorized a special fund for each urban area for the rebuilding of "off system" streets. We have been advised that we are eligible for some $105,000 of this money. As always, TXDOT money has strings attached to it. In this case, there are two. One is a 20% match making the money 80/20 money from TXDOT. However, there is also another string attached that says a consultant must be hired to look at our plans, etc. What we recommend is that we add another $10,000 to that 20% match. We would recommend using this mc,ney to continue to rebuild concrete panels on Carroll Boulevard particularly from Hickory Street north to Sherman Drive. This concrete section is approximately 25 years old, and it is beginning to crack and show its age, All totalled, this project would entail use of some $30,000. In conclusion, a summarization of our needs are listed b9low: Teasley Lane $ 43,000 TLS Grants $ 30,000 2499 $ 20,000 Locust Sidewalk $ 12,000 Windsor Drainage $ 20,000 Mayhil.l Bridge $ 22,000 TXDOT Maintenance Money $ 30.000 Total $177,000 As you can see, the total needed is $177,00^. I would propose to try to meet with you all on March 6th at noon in the City Manager's Conference Room to review these projects and get your approval so that we may move forward to the Council as soon as possible. one last thing, I visited with Finance, Kathy DuBose has assured us I that this $155,000 need can be met with interest money. Therefore, • 3 we feel very comfortable in making these recommendations to you, r f Rick Sveh a Deputy City Manager RS:bw • • AMM00638 0 e c~ • I M CITY COUNCIL t • 4~ N ~0 e, y s n • ® ~deNo3 w-- ! Agondal CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817 566.8200 KICKORANDUM TO: Mayor and City Council Members FROM: Lloyd Harrell., City Manager DATE: March 16, 1995 SUBJECT: Ordinance for Amendment No. 1 to Agreement with Morrison Milling Morrison Milling is in the process of planning their medium and long range needs. They have requested that the City formally commit to the second term of the lease two years early. The first term of the City's lease with Morrison will expire on April 30, 1997. This lease has been mutually beneficial to the City and Morrison. Staff does not foresee the City utilizing the space currently leased by Morrison for the next seven years. The Legal Department has reviewed the lease and made an amendment which will commit the City to the second term of the lease beginning on April 30, 1997 and terminating on April 30, 2002. The amendment will ensure that our right to reduce the space and/or terminate the agreement would be retained. Execution of the second term of this lease agreement guarantees the City lease revenues which are to be used to pay for the construction of the Denton Municipal Complex. Staff recommends execution of this lease amendment with Morrison Milling, i,loyd Harrell, City nager Attachment 1.85A.FM • , • • 1 l 1 f 1{ [ f M1~1 `/y,Y • A fi( i J • m. • Apet►daNo- ApgUal M' ~~b o2 b ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR LEASE OF WAREHOUSE SPACE AT 601 EAST HICKORY STREET; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Amendment. No. 1 to Agreement Between the City of Denton and the Morrison Milling Company for a lease of warehouse space at 601 East Hickory Street, a copy of which is attached hereto and incorporated by reference herein. SECTION II, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of. 1945, BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY • BY; • • 4 I rJ {1th ~~~I l.jM1p fh ~`1~It Q • w AgeWsNo C _D in Agendas 5 ate "T C` 3~ w26 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY DATED MAY 5, 1992 WHEREAS, on May 5, 1992, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "CITY", and the MORRISON MILLING COMPANY, hereinafter called "MORRISON", entered into a Lease Agreement Between the City of Denton and the Morrison Milling Company for Warehouse Space at 601 East Hickory hereinafter called "[,ease"; and WHEREAS, the Lease provides for a First Term beginning on May 1, 1992 and terminating on April 30, 1997; and WHEREAS, the Lease provides that Morrison may extend the Lease to April 30, 2002 for a Second Term by giving written notice that Morrison wishes to extend the Lease; and WHEREAS, the Lease provides that the City may reduce or ter- minate the Lease during the Second Term by giving Morrison one-year notice of said reduction or termination; and WHEREAS, Morrison desires to extend the Lease for the period contemplated by the Second Term, but extend the notice period for the City to reduce or terminate the Lease during the Second Term to two-years; and WHEREAS, City desires to extend the Lease for the Second Term; NOW, THEREFORE, :1 1 T N E S S E T Hr ARTICLE I. Article 111. TERM, section 3,02. Second Term of Lease is hereby and herewith deleted from Lease and replaced with the following; 3,02. Second Term, This Lease shall continue in effect for the Second Term of this Lease beginning on April 30, 1997 and terminating on April 30, 2002, pursuant to the 9 same terms and conditions as during the First Term; pro- vided that rent shall be as set forth in the Lease for the Second Tenn. ARTICLE II. Article III. TERM, section 3.03. Termination or Reduction in Second Term of Lease is hereby and herewith deleted from Lease and • replaced with the following; 3,03. Termination or Reduction in Second Term, The City shall have the right during the Second Term to fermi- • • L4 nate this Lease or to reduce the square footage of the enclosed space in the Leased Property if the City deter- mines, in its sole discretion, that: all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than two (2) years prior to the effective date of the reduction or ter- mination. C+.ty shall not give written notice of termina- tion pursuant to this provision of the Lease prior to April 30, 1997. The City may only reduce the Leased Property in increments that include the total leased area that encom- passes Building Area C or F, or both, as shown on Exhibit A to the Lease. The City's notice of reduction to Morrison must designate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the city's election. Morrison's ter- mination shall be effective two (2) years from the date Morrison receives the City's notice of reduction. 1 ARTICLE III, Except as specifically amended herein, the1seims and conditions of the Lease, as executed by the parties on the 5th day of May, 1992 remain in full force and effect. ARTICLE IV. This Amendment shall become effective immediately upon its execution. Executed this _ day of. _ 1995. CITY OF DENTON, TEXAS BY; • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • fly: • • PAGE 2 • • r ~ ;So . r~~,,>'.~' j3 t~1 ` k~ I'114 ; yi"?x'+~~~C~.`~, p „Nti..9 Apenda~ta~.~~~%~ 5 ab~b APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i BY: THE MORRISON MILLING COMPANY BY. TITLE: i E , \NP7N)C 9 \ K\ HORRI SON. E XT PAGE 3 ' .d .wrnawe.YW~:.W:f ri._... , J ; ` .I.,J4r}I ? Ji'y 1'y1 ~r• t ! ] r((y~,p~' ~1 `tirf. J '~'~J ~Jti F~ni J t e L_ ra e .c-co-: dS4 :.7:'.u 9175565?32 C fiGFRIaGN ~1ILL1Pa1 G OdRNo ' 4gondatam _ ` q) TMrw morrnwn MILAirm comaa rw pA, eOll 71 ~ • OINTON, Tx TUM join 84r4111 . FAX (617) M-4M Doc/mbar 21, 1994 Lloyd Harrell City Manager City of Denton Denton, rx 76201 Dear Lloyd, We of Morrison Milling are In the process of planning our medium to long range needs for a growing business, A part of the planning Involves prokocting our warehouse needs Into the fulure, In Ilght of the growth we have experienced In the lost two years, we feel the space we now lease on Hickory Street from the Cffy of Denton is very Important to our future. We think this loose has been mutually benMclal to ourselves and the City of Denton, and hope that you ague. In this loose there 4 a first term and a second term. I would like to request that the City of Denton consider commltNng formally to the second lerm of this loose, which Is five years. It b very Important four fhot the commitment Include the enfire space now leased by Montwn M1!,tng Company, This space Includes huliding C,f & 0 of exhibit C In the lease agreement. I appreciate your consideration of our request and hope that It will prove as beneficial for the City of Denton as It is for ourselves to extend the lease on e the Hickory Street warehouse, Sincerely THE MORRISOON MILLING COMPANY Clifton Shoornake e President lt, COO 4 A i CS/skb _ rte.. , r1 0 • m Agondal fottl,..~~ LEADE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR WAR=HOUSE SPACE AT 601 EAST HICKORY, DENTON, TEAS This agreement for the lease of real property is made between the City of Denton, a municipal corporation of the State of Texas, and The Morrison Milling Company, a Texas corporation. The parties agree as follows; ARTICLE 1. DEFINITIONS This Article contains definitions of certain terms used in this Lease, set forth as follows: 1.01. City. City of Denton, Texas. 1.02. Hazardous Substance. Any substance that is toxic, ignit- able, reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Govercenent. "Hazardous Substance" includes any and all material or suk+,.-.ancss that are defined as "hazardous waste," "Extremely hazardous .saste," or a "hazardous substance" pursuant to state, federal, or local gove:nment law. "Hazardous Substance" includes but is not re- stricted to asbestos, polycholorobiphenyls (11PCBS11) , and pets ,1 -ium. 1.03. Lease. This lease agreement. 1.04. Leased Property. Approximately 48,100 square feet of space located within the Moore Building leased to Morrison for warehouse space, including the land, docks loading ramps, and Parking Area abutting the Moore Building, but excluding any land located within any public street right-of-way, all as shown in the cross-hatched area in Exhibit A, attached to this Lease. 1.05. Morrison. The Morrison Milling Company. 1.06. Moore luiiding. The building formerly owned by Moore Business Forms, located at 601 East Hickory in the City of Denton, Texas, located on the land described on Exhibit B, attached to this Lease. 1.07. Parking Area. The employee and guest parking area designated by the City for the use of Morrison for parking motor vehicles, as described by the cross-hatchea area on Exhibit C, r attached to this Lease. 1.08. Temporary Use Property. The portion of the Moore Build- ing, and the docks, loading ramps, and parking and maneuvering area PACE 1 • 0 , • • Agwidalton~_4u~ described by the cross-hatched area on Exhibit D, attached to this } Lease. ARTICLE II. LEASED PROPERTY 2.01. Leased Property. City leases to Morrison and Morrison leases from City the Leased Property. 2.02. Temporary Use Property. Morrison shall have the right to make use of the Temporary Use Property for ninety (90) days from the beginning date of this Lease without additional charge, to com- plete installation and alteration of the dock and loading ramp im- provements serving the Leased Property, as specified in this Lease. Upon the written request of Morrison, tie City shall extend by thirty (30) day increments, the period of time in which Morrison may continue to use the Temporary Use Property if Morrison is mak- ing good faith efforts to complete the dock and loading ramr improvements. The Temporary Use Property is made available to Morrison "AS IS", with Morrison accepting all defects, if any, and tt.e City ,.kes4 no warranty or representations of any kind, exp,,tss or im-lied, with respect to habitability, fitness or sultablii.y of a-y p.ct thereof, including the absence of any toxic or otne:wise haza,,ous substances, except as otherwise F ovided in this Lease. 2.03. Parking Area. The City shall Pr, vide MorLisan, at no additional charge, the Parking Area 1'or tae use of employees and guests of Morrison, which shall be subiict to reasonable regula- tions of the City. 2.04. Use of Leased Property. Morr'-on ray use and occupy the Leased Property and the Temporary Use Property, for its usual business operations, including, but not limited to, the storage of materials and products ordinarily kept, used, or maintained in Morrison's business operations, and for no'other use. Morrison shz.l no*: do or permit anything 'o be done in or about the Leased ^rop#-rty or the Temporary Use Property that will materially • obstruct or materially interfere with the rights of other persons occupying the Building. 4orrison shall not permit any nuisance in, on, or about the Leased Property, or 'the Temporary Use Property, and shall regularly remove therefrom all trash and debris. Morrison shall comply with any law, statute, ordinance, rule or regulation of any governmental or quasi-governmental authority affecting the Leased Property or the Temporary Use Property, now in p force or that may hereafter be enacted or promulgated. • • PAGE 2 • O • w • ~o~iOaNo, ~ Aaaotlalt9 Dlte__ 2.05. No Warranties. The Leased Property is leased to Morrison "AS TS", with Morrison accepting all defects, if any, and the City makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. Notwithstanding anything to the contrary contained in this Lease, the City shall be liable for and indemnify and hold Morrison harmless from any and all claims, damagas, fines, cost:: , liabili- ties o- losses resulting from any violation of any applicable laws, ordinances, orders, rules and regulations of all governmental entities and regulatory ageocies (collectively, "Applicable Laws"), incIL.ding Applicable Laws pertaining to health and the environment, or restrictive covenants or other encumbrances relating to the Moore Building, or the land on which it is located, that: (a) occurred in whole or in part prior to Morrison'd taking possession of the Leased Property, including any violation con- ! tinuing at the time Morrison takes possession; (b) Results in whole or in part from the Moore Building or the land on which it is located viol; ing Applicable Laws or restric- tive covenants ~r other encumbrances, but excludi,- violations arising from Mor_ison's operations or conduct or from Morrison makl g alterations to the Leased Propertyt or (c) Results in whole or in part from the presenr release or di•)osal of hazardous substances on or from the Moor Building or th land on which it is located, if the presence; -Esposal, or re case of hazardous substances is not caused b, orrison or Mo rison's employees, contractors or agents during any term of this Le.se. 2.06. Hazardous Substances. Except foi pesticides kept and dis;lensed iri, c4r ce with Stag and Federgl, 14kw and. regulations, V-)rrison s ai 'no ' e'oz PPermit ih*4.Kazardoua Substance to be Ad store, ^or,O sposed.ot o4,tho Leased Property or th T--aara Property, without the City's written consent. If • Hazardous stances are used, stored, generated or disposed of on the Leased Property or Temporar; Use Property by Morrison, its employees, agents, or contractors, except as permitted above, Morrison shall indemnify, defend and hold the City harmless from any and all claims, damages, fines, costs, liabilities, or losses, !.ncluding without limitation, any and all costa incurred because of any investigation of the s to or any cleanup, removal, or restorra- Q tion mandated by a federal, state, or local agency or political • • subdivision resulting from the use, storage, generation or disposal PAGE 3 A • *409 No Agendaltokl,~.f ,l w IJtte __.J'~1p of Hazardotiis Substances by Morrison, its employees, agents, olrc on tractors in violation of Applicable Laws. ARTICLE III. TERM 3.01. First Term. The First Term of this Lease shall begin on I May 1, 1992, and shall terminate on the April 30, 1997, unless IIII earlier terminated as provided in this Lease. 3.02. Second Term. Subject to Section 3.03, if, before December 1, 1996, Morrison gives written notica to the City that it wishes to extend this Lease for a Second Term, this Lease shall continue in effect until April 30, 2002, on the same terms and conditions as during the First Terms provided that rent shall be as set forth herein for the Second Term and Morrison shall not be entitled to any further, extension. 3.03. Termination or Reduction in Second Term, should Morrison give notice to extend this ease for a Second Term, the City shall have the right during the Second Term to 'erminate this Lease or to reduce tl,e square footage of the enclose apace in the Leased Pr.-- perty 1i 01 City determines, in its o.. discretion, that ai r part of Leased Property is neaded for City function, r operation= uy g wing Morrison written no*ic not less than one year prior :o 03 effective date or` the -~d,c:tion or terminat! i. The City m,., or y reduce the Lead .±,i ?rcperty in increments + t include the totr.l leased area that encompasses Building Area < r F, or both. As s,town on Exhibit A. The City's notice of reduc} to Morrise must designa A the amount of reduction. If the c i elects to lace the Leased Property, Morrison shall have the r! C to termin this Lease by giving the City written notice wit i ixty (6C ;s from the date Morrison receives notice of 'e city's ell .on. Morrison's termination shall be effective one year fror, is date Morrison receives the City's notice of rep' do I. ARTICLE IV. REW- KLS AND PAYMENTS 4.01* kept. In consideration for this Lease, Morrison shall f pay to the City during the First Term, monthly rentals based on an annual rate of $1.50 per square foot of the enclosed space in the Leased Property, being $6,012.50 per month. Monthly rent shall be paid without notice, demand, counterclaim, set-off, or abatement, in advance on the first day of each calendar month throughout the A Term hereof, at the offices of the Finance Department of the City, A A Accounts Receivable, 215 E. McKinney, Denton, Texas, 76201, unless Morrison is notified otherwise. Should Morrison extend this Lease PAGE 4 0 a~ • AgsadaltsnZ,.~>~ t~_ s Oa f0-Z: . 11 for a Second Term, the monthly rent shall be based on an annual rate of $1.75 per square foot of the enclosed space in the Leased Property, or $7,014.58 per month. Should the City's exercise its right to reduce the enclosed space of the Leaset, Property leased to Morrison during the Second Term and Morrison does not terminate this Lease, the rent shall be reduced accordingly on a per square foot basis. 1.02. Due Date. All rent paid by Morrison after the tenth (loth) day of the month will be delinquent and shall include an additional monetary penalty equal to five percent (5$) of the rental. amount due. Failure to pay rent after the tenth (10th) day when due or the failure of Morrison to pay the five percent (5$) monetary penalty on delinquent rent shall vonstitute an event of default of this Lease. 4.03. Destruction of Property. If the Leased Property is damaged by fire or other casualty, the City may repair or recon- struct the Leased Property to substantially the same condition as existed immediately prior to the casualty or terminate this Lease by notifying Morrison wit sixt• (60) days after the date of the fire or other casualty, s + `.ermr,iation to be effective as of the date of such fire or other dsualty. The rent required to be paid hereunder shall be abated in proportion to thu f^rtion of the J-Ased Property, if any, which is rendered unterjan, ile by fire or :her casualty until repa;.-s -if the Leased Property ar3 completed, r if the Leased Property i„ r t repaired, on the dat- of termina- .ion specified herein. If the City elect, to rebuild ~ -ke Leased Proper,y and the re- .:onstruction is not i ipleted tl:khlt one hundred-eighty (180) days from the date of thf fire or of t. casualty, Morrison shall have the right to termina.• this Lee by delivering written notice of termination to the r ty prior t~, mpletion of the reconstruction. other than the rental abatement, ^.e City shall not be liable to Morrison for loss of the use of tl, thole or any part of the Leased Property, Morrison's personal prof. y, or any inconvenience, loss c° business or profit, or annoy,** a+-iding from any repair and re^or•aruction. ARTICLE V. UTILITIES 5.01. Utilities. Morrison shall pay for electricity, natural gas, solid waste removal, telephone service or any other utility services supplied to the Leased Property, except that the City shall provide cold water and sewer service to the Leased Property O at no expense to Morrison, The City shall install meters or • submeters, at its cost, if necessary to measure the consumption of PACE 5 0 c~ e Gr ~gnaUaNo,.. Appdallow In 1 ~)q 2.6 electricity and natural gas supplied to the Leased Property. The City shall make all repairs, at its expense, as necessary to insure that electrical, natural gas, and water and sewer service is avail- able for the Leased Property on the beginning date of the First Term of this Lease, Thereafter, Morrison shall be responsible for the maintenance and repair, at its cost, of all wires, pipes, equipment and associated utility facilities within the Leased Pro- perty which are necessary to supply electricity, natural gas, water and sewer, or other utilities to the Leased Property. 5.02. Billing. The City shall bill Morrison monthly for the utility services for which it is liable to the City herein and Morrison shall pay the bill within fifteen days of the date the bill is mailed or delivered to Morrison. Morrison's failure to timely pay for utility services provided by the City to the Leased Property shall not be a breach of this Lease, but Morrison shall be subject to the same penalties, costs, charges, fees and remedies and shall enjoy the same rights as other utility customer:; of the City in the supply of utilities to the Leased Property by the City, including the termination of utility service for non-payment. 5.03. Heating and Cooling. The City shall not be responsible for providing any heat or air conditioning to the Leased Property. Morrison shall be responsible for the repair and maintenance of any heating or cooling equipment now located or hereinafter installed on the Leased Property by Morrison. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS 6.01. Roof and Exterior Repairs. The City shall keep the roof and exterior walls of the Leased Property in good repair, excluding the replacement of glass, but the City shall not be lia- ble to Morrison for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the City's failure to make timely or adequate repairs. 6.02. Interior Repairs. By taking possession of the Leasfld Property and the Temporary Use Property, Morrison shall be deemed to have accepted the same as being suitable for the coiduct of Morrison's business. Morrison shall, at its sole cost and expense, keep the Leased Property in good condition and rop,~ir, ordinary wear and tear excepted. Any injury or damage to the Leased Pro- perty or the Temporary Use Property, or the appurtenances or fix- tures thereof, caused by or resulting from the act, omission or neglect of Morrison or Morrison's employees, servants, agents, or e 0 O invitees shall be repaired or replaced by Morrison, at its expense. J PAGE 6 1 i • ca • ~j voaNo~.~j, IIyUOdQII0R1,,,_.1~,(y~~~~+yr.4.._ 1'1tc 6.03. Separation of Leased Property. Morrison agrees to install, at its own expense, permanent walls, doors, or make other alterations, as specified and approved by the city, which are necessary to close off the Leased Property from the remainder of the encloFcd space in the "c^re Building which is not leased to Morrison. 6.o{. A.terations or Improvements. Morrison shall have the tight, at iris own expense to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the City. The City shall notify Morrison in writing of its approval or disapproval of pro- po:,ed alterations or improvements within fifteen (15) days after the City receives a written request from Morrison which adequately describes or illustrates the alterations or improvements. If the City fails to notify Morrison within 'the fifteen (15) days, the proposed alterations shall he deemed approved. All alterations or improvements shall be ;arformed in such a manner that no mechan- ic's, materialmen's or other similar liens shall at~;ach to the Leased Property. Except cis expressly nro%lided in this Lease, any alterations or improvements shall become a part of the Leased Property and shall belong to the City, without compensation to Morrison, at the expir..''on of this Lease or the termination of Morrison's r{.ght to possession of tho Leased Property. 6.09. Doak and Loading Ramp Imprivements. Morrison shall have the right to construct and instalt six new dock and loading ramps to serve the Leased Propeerty, fear of which shall front upon Exposition Street and two whici; shall front upon East Oak Street, in place of the existing docks and loading ramps, in accordance with plans submitted by Morrison and approved by the City prior to f construction. Upon the written request of Morrison, the City Council may approve additional dock and loading ramp improvements for the Leased Property, but shall not be responsible for any part of the costs of the improvements, within thirty days of the completion 'of the new dock and I loading ramp improvements expressly provided for in this section, the City shall pay Morrison Forty-five Thousand and No/100 Dollars (945,000.00), as the City's share of ''she cost of the dock and loading ramp improvements. Upon completion, the dock and loading ramp improvements shall become a part'of the Leased Property and shall belong to the City, without additional compensation to Morrison, at the expiration of this Lease. The City shall relocate any electrical lines, poles, or equipment, at its own expanse, if necessary to accommodate the dock and loading ramp improvements. , d • • 6.06. City Approval of Plans! Compliance with Laws. Any provision of this Lease providing for the City's approval or dis- PAGE 7 w o. 1 ~U 26 approval of improvements or alterations to the Leased Property applies to the City acting in the capacity of the landlord or owner of the Leased Property aril shall not apply to the City's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. in making any alterations or improvements, Morrison shall comply with all Federal, State, and local laws, regulations, or ordinances, including the issuance of permies and the payment of fees. 6.07. Signs. Morrison shall not post any signs on the Leased Property without the approval of the city as landlord. Any signs approved by the City as landlord shall comply with the City's ordi- nance regulating signs. ARTICLE VII. TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on site. Morrison shall not allow more than six motor vehicles to be parked on the Leased Property at any one time and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the City's truck route ordinance, 7.02. Truck Routes. Morrison shall use its best efforts to insure that motor vehicles regulated by "he City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Evidence of Morrison's best efforts at compliance with this article shall include, at a minimum but not be limited to, the covenants listed herein. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Leased Property as set forth herein. Morrison shall maintain a log at the Leased Property to track all truck traffic. Morrison shall also issue maps of the routing instructions to its employees and customers. Morrison agrees that 1 if the City notifies Morrison that a driver, whether employed by Morrison or a customer of Morrison, should violate the provisions of this article more than once, it shall ban that driver from operating a vehicle on the Leased Property to make or receive A deliveries. 0 i PAGE 8 • ~endaNo. 1gondallorr~.~..r~..- i!e C scb Z, If the City determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City council finds that three (3) or more additional violations of this section have occured within thirty (30) days after the date the City gives written notice to Morrison of a violation due to Morrison's failure to use its best efforts to prevent the violations, the City shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior "o making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. ARTICLE VIII. INSURANCE AND INDEMNITY 0.01. aeneral Liability insurance. Morrison shall during the duration of this Lease, at its sole cost and expense, keep in force general liability insurance naming Morrison and the City as an .in- sured and covering the Leased Property and, during the time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $l,ooo,ooo, combined single limits on a per occurrence ba,is. All policies shall be issuad by a company authorized to do bur-ness in the State of Texas, be approved by the City (which approval shall not be unreasonably withheld), copies of which shall be provide to the City. The policies shall name the City as an additions' Insured and shall provide for a minimum of thirty (30) lays writt notice to the City prior to the effective date of _ny cancell :ion or lapse of the policies. 0.02. Personal Property Insurance. Morrison shat; alto obtain and keep during this Lease, at its sole cost and expensa, insurance on its personal property, to pay for losses by fire, storm, water damage, or other casualty. 4.03. indemnity by Morrison. Morrison shall indemnify and hold the City harmless from all fines, suits, costs, and liability of every kind arising from: • (a) Any violation or nonperformance by Morrison of any repre- sentation or covenant contained in this Lease which continues be- yond any applicable cure periods and (b) Any bodl;.y injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Morrison or any of its agents, employees, or contractors. The • indemnity set out in this section shall not apply to matters caused • • in whole or in part by the City or anyone acting for the City. 1AGE 9 • 03 • Agoodalto~Ll 5 t 8.04. Indemnity by the City. The City shall indemnify and hold Morrison harmless from all fines, suits, costs, and liability of every kind arising from; (a) Any violation or nonperformance by the City of any repre- sentation or covenant contained in this Lease which continues beyond any applicable cure periods and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of the city or any of its agents employees, or contractors. The indem- nity set out in this section shall not apply to matters caused in whole or in part by Morrison or anyone acting for Morrison. 8.03. Waiver of subrogation. The City and Morrison waive any rights they may have against the other beca Ye of any loss or dam- age occasioned to their respective property, the Leased Property, its contants or to any other portion of the Moore Building, arising from any risk which is covered by the c :rent Texas State Board of Insurance promulgated form of propert, insurance and fire and ex- tended coverage, insurance. The parts on behalf of their respec- tive property insurance companies w:, a any rights they may have against the other or their respectiv; employees, agents, or invi- tees and all rights of their respective insurance companies, teased upon an assi,,nment from their insureds, Each party agrees to give to each insu ance company written notification the terms of the mutual waives contained in this section and to have the insurance policies prorerly endorsed, immedie dly after the effective date of this Lease. The foregoing waiver s.,all be effective whether or not the parties aaintain insurance on their respective properties. 6.06. Notice of Claim. Morrison shall give written notice to the city within ten (lo) days of the date Morrison receives notice of a claim for damages for bodily injury or property loss arising from some condition or use of the Leased Property or the Temporary Use Property by any person who is not an employee of Morrison. ARTICLE Ix. TAXES 9.01. Taxes. Morrison shall pay before delinquency, v and all taxeie, fees or other assessments levied, imposed or assessed against the Leased Property, Morrison's leasehold interest, equip- ment, furniture, fixtures and personal property, during any Term of this Lease. 0 9.02. Reimbursement for Increase in Ad Valorem Real property • • Taxes, Beginning with the tax year 1994, and for each tax year thereafter, the City shall reimburse Morrison fifty percent of any PACE 10 • 7_IF15 17c(~~6 increase in ad valorem real property taxes assessed against the Leased Property if such tax increase results from an increase in the appraised value of the real property by more than one hundred and three percent (103%) of its assessed value in 1993. This pro- 1•ision shall not apply to any increase in real property taxes re- sulting from an increase in the appraised value of the real pro- perty subject to this Lease because of improvements or additions made to the Leased Property by Morrison after January 1, 1991. This provision applies only to real property taxes assessed by or on behalf of the City of Denton, Denton County, and the Denton County Independent School District and shall not include any new real property taxes levied, imposed or assessed by or on behalf of any other t<,xing entity or unit. The reimbursement tax payment shall be made within sixty days of the date Morrison submits to the City documentation that Morrison has paid ad valorem taxes fcr which reimbursement is due under this provision, except that if Morrison is delinquent in the payment of any rents, utilities, or other monies owed to the City under this Lease, the City may deduct that delinquent amount from the amount to be reimbursed to Morrison for ad valorem taxes under this paragraph. i I X. CANCELLATION BY THE CITY 10.01. Default by Morrison. If Morrison fails to comply with any of the terms of this Lease, the failure shall be considered a default and the City shall give Morrison written notice of tine breach and request Morrison to correct the breach. Should Morrison fail to correct the breach within sixty (60; days following receipt of the notice, the City shall have the right to terminate this Lease by giving Morrison written notice of termination, This section shall not apply to a breach of section 5,02 (Billing) or a E violation of section 7.02 (Truck Routes). I 10.07. Default by City. If the City fails to comply with any of the terms of this Lease, the failure shall be considered a default and Morrison shall give the city written notice of the breach and request the City to correct the breach. Should the City • fail to correct the breach within sixty (60) days following receipt of the notice, Morrison shall have the right to terminate this Lease by giving the City written notice of termination. 10,03, Removal of Personal Property. upon termination of this Lease, Morrison shall have the right to remove its trade fixtures and personal property if the removal does not cause damage to the ' • • Leased Property, Morrison shall remove all personal property from the Leased Property within ten (10) days after the termination and PAGE 11 1 e a, • I D agenda No lgc, .2b should Morrison fail to do so, the City may elect to retain posses- sion of the property or sell the same and keep the proceeds or have the property removed at the expense of Morrison. 10.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the City as provided herein, Morrison shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition with all other improvements in place, ordinary wear and tear excepted. i0.os. No waiver. Failure of the City to declare this Lease terminated upon the default of Morrison or the acceptance of rent- J als by the City after default shall not waive the right of the City to cancel this Lease for a later default. XI. MISCELLANEOUS PROVISIONS 11.01. Entire Agreement. This Lease constitutes the entire understanding between the parties and supersedes all prior or inde- pendent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. 11.02. subletting or Assignment. Morrison shall not rent or sub.ease the Leased Property or assign this Lease without the prior written consent of the City. 11.03. Lease Binding on Successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be :r %ding upon and inure to the benefit of the respective parties ,:ersto and their legal representatives, successors or assigns. 11.04. Severability. If any provision of this Lease shall be declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in affect as nearly as possible in accordance with the original intent of the partica. • 11.03. Notice. Any notice given by one party to the other in connection with this Lease shall be in writ:.ng and shall be sent by registered mail, return receipt requested, with postage and reg- istration fees prepaid, as follows: • ~ e e PAGE 12 • 0 - • sa • agendaNo AgeotlaRen Date- If to the city, addressed to: If to Morrison, addressed to: City Manager The Morrison Milling Company City of Denton 719 E. Prairie 215 E. McKinney Benton, Texas 76201 Denton, Texas 76201 J Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. 11.06. Readings. The headings used in this Lease are in- tended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. 11.07. Tolling of Time. Whenever a period of time is pre- scribed in this Lease for ac"' on to be taken, the party required to take the action will not be liable or resp.)nsible for, and there shall be excluded from the ",",-)station of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, warn Applicable Laws, or any other causes which are beyond the control of the party, excluding financial inability. N WITNESS W REOF, the parties have executed this Lease the day of , 1992. CITY OF DENTON, TEXAS, THE CITY BY: xadk BOB CASTLEBERRY, h.1Y0 ATTEST: JENNIFER WALTERS, CITY SECRETARY • f BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Q,, 1114 PAGE 13 0 0 • I I endaNo ~ Apdalte rite 2c :Z lJ THE MORRISON MILLING COMPANY BY: TITLE: Executive Vice-President • • 0 .ycaoa ~~gros, ~ PAGE 14 `y r 1- w • • - I I t i> L A S l 0 A A S I k f 1 1 1 II . F r ,I . r 1< ^ 4u11 n I 11. r N + I Ilclbit munl o I ) ( 1941) a t. yH f ( 1y47 or A I .I t. 54,94b sq. ft. 'total aid$g. K a ,..wc.rs M(''LLtl11111N (1961 "SaI" . S 0 ft. (,2 spaces) I A S 1 I G h ~a0~ R V 5 I R!! t IMDI[ATfsS OfK- STkEET PAIN 6PACA.S ('r VPIC^,L) Leased Service WKINO Center (Nul Included) ° Q EXHI93rT SITE PLAN HIT. III • 0 , mgidit6 limb • 43a • EXHIBIT "B" g6ndaNo a4 ~,Z:~•! 4guHdal ~t. - tI-~ cr~ 26 ALL THAT CERTAIN TRACT OR PARCEL OF Rp' situated in the e 3;.ra.~ Sisco Survey, Abstract Number 1184, City of Denton, ^_oanty o! Denton, State of Texasl said tract being shown by deeds to ttoore Business Forms, Inc., ind recorded in Volume 325, page 535, Volume 325, Page 635, Volume 325, page 638, Volume 328, page 451, volume 328, Page 448, and part of volume 325, Page 639, of the Dead Records, of County of Denton, State of Texas, and being more fully described as follows, BEGINNING, for the southwest corner of the tract being described herein at a set 1/2 inch steel square tubiny at the southwest corner of said tract as recorded in volume 325, Page 635, said tubing being at the inter- section of the east Right-Of-Way line of Railroad Avenue (a 50 foot wide asphalt surfaced public road), and the north Right-of-Way line of East Hickory Street (an asphalt surfaced public streot)r THENCEi NORTH, with the west Line of said Moore Buriness Forms Tract, the east line of said Railroad Ave. , a distance of 373,07 foot to a set 1/2 inch steel square tubing for the north corner of said tract as recorded in Volume 320, Palo 448, said tubing being northeast of and 0.50 foot from the center line c' the Texas 4 Pacific Railway spur, said tubing also being at the start of a curve to the left whose radius is 458.37 foot, central angle of 32 degrees 06 minutes 14 seconds, and a chord bearing an& distance of South 62 degrees 13 minutes 30 seconds East, a distance of 253.74 fo*tt THENCEi with said curve to the left, and being 8.50 feet north of said center line, an Arc length of 257,10 feet to a sot 1/2 inch steel square tubing for the end of said curve, said tubing being the southeast corner of a tract shown by deed to Wilson McKenny at al, and recorded in Volume 398, Page 635, of said Deed Racordst THENCEi SOUTH a distance of 5.50 foot to a set 1/2 Inch steel square tubing on the south lino of said tract as recorded in Volume 325, Page 639, and the north line of said tract as recorded in Volume 32S, Page 636 of said Dead Records, said tubing also being ■t an all corner of list oak street (an asphalt surfaced public street), and !rase Street (an asphalt surfaced public strest)l THENCEi SOUTM 00 degrees S9 minutes 44 seconds East, with the south Lino of said tact oak Street, and the north line of said Moore tract, a distance of 515.40 feet to a get 1/2 Inch steel square tubing for the northeast corner of said tract as recorded In Volume • 328, page 4S1 of said Deed Records, said tubing also being at &A 011 earner Of said last Oak street and Exposition Streot; THENCEt South 00 dogroes 01 minute 21 seconds East, with the. east Lino of said Moore tract, and the vast line of said Exposition street, a distance of 240.00 feet to a set 1/2 inch steel square tubing for the southeast corner of void tract as recorded In Volume 328, • Pa 9a 461, said tubing also being on the north line of said East Hickory Stroett THENCEi south 09 dogroos s0 minutes 39 seconds West, with the south lino of said Mooro tract, and the north line of said. Cast Hickory Street, a distance of 140.00 feet to the Point of 0eginning and containing 4,443 acres of land, more or less. • • • 1 I t W I + I L A S E 0 A A S I N L 1 1 II a Y-sluLy_ ,I Bldg. ~1 _ _ ~ ( 1'/511) u ' t~ 13,94u I ° ~I sll. I L. I " Bldg C Bldg M' Hlrih . lI) ° j 3illsenlcnl (1953 (1961) ( l9b`~ ) } o H ldA. IS (It1'141 O 82 ; 000 10 p 500 JO,UUl1 sy. f t I of L04 ft sq. f t J l s~ . f L . 5J,'14u sq. CL. Total I ' Bldg. E I II I Aw+r Am Met2anJne (1961 Mln+ 5.7609 f t. (32 spaces) t A S i rI I L h O R Y S I k E l T ,aMYK~M _ INDICATES OwSTKE.LT PARKING SPACLS ( T If PICA~.) ' Loased Service PMIrwG I (e n t e ra (Nut Included) • ( 70 sl,ocus) u. a FXHIBr'S CC • LiN Mi 1 puYV 0 SITE PLAN ~IA a D Iilrl};. III fAalrir„+ t'1'IN) • ~a • • I . 1 tom. J E A 4 1 0 A 0 b f k t I I I 7 II 2-stury I ~ I ( 1'152 l ~ , 2},N411 r sq. I t. Bldg C Bldg F Hlrtx. tl;} Ilaaoluvnl (1953 (1961 H1dI;. II IU II . 0 11 000 L00500 301000 sq. f t 1 194/ sq. f t ■ 81H3Y ` c.ft. `iIj941) sy. ft. TOttll " f ~~rxw Me twullloe lip I .l A S i u I! A O R y S f N t' t 1 INOICA,TE1 1)N- ST44LLI i PARKING SPAC&I (Y Yh4\L•1 Lensed service n MAwwo Tenter I I (M.,I Included) i 6 (70 sl~u~~.y) III z K HI MT LWwY , WO SITE PLAN ` lllflg. If) (And d n+l I'1141 O 0 • ULAND a -J DAVI KFNI L 4 Ld o MC , ; INNEY E OAK OAK OAK J D MOORE W OLDS m HICKORY 04 z 6- fL.- W ~RRY • SYCAMORE r----7. f----~ SYCA- L.EaENO • ~ ENTRANCE ROUTE EXW61T N • ca • • J LA- AND = j Lvl~ KCN1 o W MC KINNEY rigK OAK - o MOORE BLDG. HICKORY z H F- '-1 y r f ~JI. • W & BERRY .v~ W~s~~RE O r LEGEND • • - tXIT ROUTE EXHIBJT ' j A{ ~ nr.r~~lw...Sr Nn.~MA.. ~ K rarwr_rD'JYfY~ i a .~..•.r... ~ 'r'f 1 a t' • c> 0 i ~ COUNC] M 1 ~rrur~r ~y.r. r(/may rN o z x x_ x ~t r, ~ d~ 6GG ' • a ~4~4"WQ lIl I q R. • Q • m ~MNe -U/ Age Maff D* c c~ y CITY Of -nENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TOt Lloyd V. Harrell, City Manager PRONs Rick Svehla, Deputy City Manager DATBi March 16, 1995 SUBJBCTe Reconstruction of Shady Shores Road f Attached is a copy of a f.3x from Commissioner Wilson asking for our participation in the reconstruction of Shady Shores Road east of I- 35. The County is asking the city to participate in the amount of $25,000. We think this ins a good project, one that we have been trying to help solve for a number of years. Staff recommends approval of this project to you. We would use maintenance funds in the Street Department budget to fund our portion. The only effect on our program would be that we might move one of our projects from being built prior to the end of this fiscal year, i.e. September 30th, into next fiscal year, October 1. If you or the Council has any further questions, I would be happy to try and answer them at your convenience. R ck Sve la Deputy City Manager RS:bw AMM00649 Attachment "Dedicated to Quality Service" • • i . v`I ~ti1 ~ )lit P~`~fT` y'X~ ry7Y~i<r M1T3V's,E t ~5' ' 1h- j41U Il fi: u, • SENT BY: XEROX TelecoDier 70171 3-16-95 1 12:01 DENTON COUNTY FIRE 98175668236:# 2 AgonUaP10 , GOU~OJ2846* XIRX WILSON FAX MEMO COMMISSIONER TO: Rick Svehla, Asst, City Manager, tCitt of Denton, 817.566.8236 FROM: Kirk Wilson, Commissioner ~G~"' E DATE: March 16, 1995 RE: West Shady Shores Road- Award of Bid/S25,000 Commitment Letter The following Is a progress report on the proposed West Shady Shores Road project: 1. A funding source for the County's obligation in the project will have to be Identified and approved by the Commissioners Court. (Formal Court approval 03.21.95, FM2499 Bond Fund Balance/ Proposed Bridge Lake Project) 2. Interlocal Cooperation Agreements wish the City of Denton, the City of Corinth and the Town of Shady Shores will have to be approved by the cities and the Commissioners Court, (Formal Court approval 04.25.95, Public Works Department resportsible for securing interlocals prior to Brie ng Agenda 04.18.95) NOTE: The following are the current participadon levels that are commited or proposed: COMMITED Corinth $30,000 COMMITED Shady Shores $80,000 { PROPOSED 03.16.95 Denton $25,000 ! COMMIE' 03.21.93 County $263,000 TOTAL 5400,000 I 3. Approval of an Order to re-allocate 1991 bond funds to West Shady Shores Road Project, (Formal Court approval 0321.95, FM2499 Bond Fund Balance) 4, Approval of R data for issuing new bond funds; end approval of the amount of bond funds to be issued. (NOT CURRENTLY AT ISSUE, PROBLEM RESOLVED WITH FM2499 BOND FUND BALANCE) 5, Approving the award of bid. (Formal Court approval 03.21.95) 6. Construction of roadway. (Completion 09.01.93) 1 will support award of bid on this project with a letter of commitment from Shady Shores, O Corinth and Denton. The city of Denton Is the only remaining commitment letter. I was 8 8 hoping that I could be In receipt of a S 25,000 participation commitment letter prior to Friday, March 17, 1995. This would insure our ability to award this bid and put this road on the ground in a dmely m inner, if you have arty questions or concerns, please call mr 817.565• 8651. My fax numbar is 817.382.0843. C0URTH01JS1 ON ME SQUARE HO WEST OtORY DENroN, TEXAS fIJ01 Ualll.d6!! TX WATTSIDV•J~bJld9 fAXdlfld?OH! • 0 • FAX COVER SHEET Agentlalt4 Ctato r r For Q ' ~_k~ ~G Department Date _ b /5;" i i CONFIDENTIALITY NOTE The information contained in this facsimile message is privileged and confidential information intended only for the use of the individual or entity named above. If the j reader of this message is not the intended recipient or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. • • ykr~- r • 1. ~ • 5EN1 8Y: XEROX Tel w pier 7917 3-16-95 12101 DENTON COUNTY FIRE y 981756682364 1 ganoaNo.. ~~<<dp;in~Ult9ftl„~1pJwia ~A. Lt °t? LA ~t1,,.. ,~i11111 DXNTON COUNTY VAX COVER MIT DATIt 3/Ay ~-J~a~ G FLRA/I DELIVER Tot DESTINATION ?AX 01 54 NAME t Qi c r 5ytlf /yr„ DIPTt ADORE//t _ TILG~NONIt /ENT Sys SENT TRO)l TAX Nt A17-222-0812 NANCt kirr, Ct/ lJO+► DE3+T t ADORx//t TRLIPNONIt ° 31VXMXA OT PAORS, INCLUDING COVER MIT a IT YOU DO NOT RICRIVE ALL 07 TXG PAOIS# PLIKOX CALL T=R ORI•IVATOR AS SOON A/ POSSIILI. (8171 iii-/iil • DAMTON COUNTY PRINT • T1W1»< xov COiINTY COVAT OF DINTON COUNTY - COMMOUSS-ON-TN/-/QUART 1.16 WLST HICRORYF DINTON, Tltxu 76201 • 0 CITY' COUNCI 44 hry~On 0 • s n E v n h a~_ 4 -V •o • • _d Dr CITY OF DENTON CITY COUNCIL MINUTES Ag"No 957 FEBRUARY 28, 1995 WOO-. ~g 3-off/. E The Council convened into a Closed Meeting on Tuesday, F Mruary 28,I t© 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott Perry, and Smith. ABSENT: Council Members Chew and Miller 1. The Council discussed the following in Closed Meeting: j A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 fl I 1. Considered GTE response to notice to produce records pursuant to Resolution No. R95-002. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Considered possible parking lot lease of union Pacific right-of-way near the Denton Municipal Complex. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council Members Miller and Chew joined the meeting during the Closed Meeting. The Council convened into the Work Session on Tuesday, February 28, 1995 at 6:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, and Smith. ABSENT: Mayor Pro Tem Brock and Council. Member Miller 1. The Council received a report and held a discussion regarding a report from PHH Fantus on the results of the competitive analysis study. Mayor Pro Tem Brock and Council Member Miller joined the meeting. • Carlton Schwab, PHH Fantus, stated that he would present the highlights of the report presented to Council. Fantus was retained to evaluate Denton's competitive position for attracting and retaining businesses; to critique the City's marketing and retention programs; and to identify possible strategies for enhancing Denton's efforts. Steps in this process included identifying key factors in the typical corporate location decision- making process; performing an analysis of Denton's existing situation, roviewinq the baseline strengths and weaknesses, and • • identifying economic development opportunities and threats; benchmarking Denton's critical success factors foc economic development and comparing Denton to the standards in key competitor locations; performing a specific assessment of Denton's existing I O 0 • • r tlndaA0 City of Denton City Council Minutes February 28, 1995 ~Oellc;,ltd Page 2 marketing and retention programs; and identifying possible economic ! development strategies for Denton and related programmatic and operational initiatives. The report identified the strengths and weaknesses of Denton from an economic development standpoint. As a part of that analysis, strategic opportunities for future development efforts were identified as well as threats which, if left unaddressed, might have a negative impact on Denton's economic future. Strengths and strategic opportunities included (1) Denton had the attributes of a university city with a hometown atmosphere and had access to the resources of the Metroplex; (2) Denton had the presence of major universities; (3) Denton had favorable labor market conditions, especially a plentiful high-quality workforce; (4) Denton had relatively low office labor costs and a location in a hotspot for white-collar office location activity; (5) Denton ? had excellent transportation access, especially highways and air; (6) Denton was a central location for participation in NAFTA- related trade; (7) Denton had abundant available land; (8) Denton had the ability to dictate the course of future growth because of Denton's distance from Dallas; (9) the VISIONING process was a positive as a foundation for a collaborative community effort to define Denton's future; and (10) Denton had a number of businesses satisfied with the investment environment in Denton. The report noted the following weaknesses and strategic threats: (1) there was lack of fully-served parcels of land, spec buildings and prices for available lots; (2) Denton lacked the Image and business awareness within and outside the Metroplex; (3) there was an indecision about the relative merits of tying Denton's destiny to its relationship with Dallas; (4) lenton's economic development program was not structured to compete with higher-powered competitor locations; and (5) the northward creep of the Metroplex might restrict Denton's ability to dictate its own future. Council Member Cott asked about the number of dollars Schwab suggested placing in infrastructure for future occupants. i Schwab replied that was a decision the Council would have to make. (i Council Member Cott asked if there was an estimate of what this was • going to cost. Schwab replied that his firm could not provide that but could help with the identification of an industrial site. The cost of utilities was not i,i their scope of work. Schwab continued with weaknesses and strategic threats: (6) the available infill between Denton and Dallas might delay the growth desired by some among • • • Denton's business leadership; (7) there was a need for improved relations between some elements of the business community and city government; (8) local manufacturing wage costs did not provide a marketable advantage; and (9) Denton was outside the most active national search area for manufacturing locations. It was felt that • a~ • co City of Denton City Council Minutes A9WaNo February 28, 1995 ~~,rf{/,~!(}n Page 3 !?dlti__,~~~ C ~ any consideration of Denton's economic development program and future strategies must be undertaken in light of these findings. Denton had many strengths on which to build but it needed to recognize the need to address its shortcomings and threats and take a realistic approach to growing the city. The consensus of individuals surveyed was that Denton was an urderperformer from an economic development standpoint. Council Member Cott asked what made Denton an underperformer. Schwab stated that Denton was in a high growth region of the country but did not have many new businesses locating here and was behind in economic development. The recommended strategies from the report could ser./e as the basis for the ongoing brand-building process that had to occur. Recommendations for strategies included: (1) revamping the economic development program through the establishment of a new organizational structure, the raising and expenditure of more money, the setting of appropriate expectations and managing them, and a focus on brand-building; (2) II establishing a brand image for Denton as being a stand-alone university community with a hometown atmosphere that was close enough to Dallas to offer businesses the critical advantages inherent in being in the Metroplex region. Council Member Miller asked about the concept of a combination of a private and public sector and a coordination of those entities. Schwab repli.^d that Denton spent approximately $140,000 per year in a public/private partnership. it was felt that that was good and felt that that was the way to go with economic development. Council Member Perry asked what was included in the $140,000. Schwab stated that it included salaries, standard economic development activities such as marketing and prospect trips, participation in trade shows, etc. Council Member Perry felt that those items only included what was • done by the Chamber and did not include City incentives such as utility incentives, Freeport incentives, etc. Schwab stated that the study looked at strictly a program component. Any improvements made in the City had an impact on economic development. Council Member Perry felt that Freeport exemptions were an economic • development and did not see why such items were not included in the amount spent on economic development. Schwab replied that the Freeport exemption was a tool used to attract business and not a program activity. Other recommendations • c~ • I City of Denton City Council Minutes AgsdeIVo a- Februi ry 28, 1995 Page 4 A (-j Gild ili0f included: (3) adopting an account management process, geared towards retention, that focuses', on anticipating customer needs, addressing them as quickly a> rjo sibl.e and encouraging expansion activities of existing businesses; (4) developing a better leverage of the assets that most distinguished Denton from competitor locations such as its institutions of higher education and its university city setting and environment; (5) enhancing the Denton product by improving infrastructure, especially available sites and buildings, that would assist with the attraction of new business, and developing an ongoing process by which Denton's business and I public sector leaders could work in a coordinated fashion to advance the interests of the whole community rather then allowing personality conflicts and other counter-productive phenomena to I interfere with appropriate growth. I Council Member Miller asked Schwab to elaborate on the issue of brand image in terms of length, costs, and how to develop the image compared to receiving immediate results and the kind of commitment involved. Schwab replied that it needed to be an initial commitment for at least three to five years. Denton needed to decide on an image and proceed with that regionally, nationally and internationally. The last recommendation was to ensure that Denton's high quality ample workforce remained a critical asset to existing businesses and a lure to new investment by providing training opportunities and linking businesses with programs provided by the educational institutions. The study listed action items which the Chamber and City should take: (1) lay the groundwork for adoption of the economic development sales tax. Assuming a consensus existed for .t among city and business leaders, the city should adopt an ordinance calling for a vote on the issue. The quicker the tax was adopted, the sooner an economic development corporation could be established to pursue marketing and other initiatives. (2) The current economic development program should be streamlined to enable more effective action in the short-term. (3) Initial steps in the brand management process could be taken even before the economic development sales tax was approved. (4) A forum should be established for city-business dialogue. The group that convened 0 should be small and should include the Mayor and/or one or more city council representatives, one or two business community representatives, and at least one representative from a higher education instituticn. This grouping would symbolically establish tha critical city-business-university triumvirate, and would allow for surfacing of issues as soon as or even before they became problems. (5) Discussions should be held with the City Manager and • • 0 Planning and Zoning Director to reinforce the need for a strong customer orientation at city Hall. (6) A review of city ordinances and regulations having an effect on business could be initiated. • ca ~)un~ia No~ City of Denton City Council Minutes February 28, 1995 l;~;i,i,'tOIU Page 5 S~Id Council Member Cott felt that City staff was not there to fight with a developer. Staff received less crediL than they should have. Schwab stated that Denton was too small to have those kinds of problems and be successful, even if they were exaggerated. (7) Appoint a temporary individual who could be replaced once the Economic Development Corporation was established to help businesses obtain necessary permits and approvals. The City should consider establishing a position within City government that would be similar to the Development Coordinator position. (8) Identify existing businesses with the greatest growth potential and those most likely to consider moving out, and have account managers work with them to ensure their continued contribution to Denton's economic well-being. (9) Perform a thorough analysis of manufacturing activity in Dallas, Tarrant, Denton and Collin counties. (10) obtain market prices for the available parcels of land so as to be able to better market them. (11) Develop a revised incentives package that was consistent with the brand image of the City. (12) Continue to find a purchaser/occupant for the TI facility. (13) Begin positioning Denton to benefit from NAFTA- related trade. (14) Develop a spec distribution center either as a stand-alone facility or as part of a business park. Council Member Chew left the meeting at 7:16 p.m. Council discussed various aspects of the report with Mr. Schwab. Council Member Chew returned to the meeting at 7:20 p.m. 2. The council received a report and held a discussion regarding a proposed workplan for economic development strategy implementation. City Manager Harrell stated that this item was not listed for staff direction and would be placed on an upcoming agenda for council direction. City and Chamber staff went through the Fantus report and listed each recommendation. Those issues were presented with a staff recommendation as to which agency should take the lead on those options. There were three parts to the recommendation - one for the City, one for the Chamber and one for the Economic Development Advisory Board. Council Member Cott left the meeting at 7:36 p.m. e City Manager Harrell stated that staff would like council to 0 endorse the workplan with the responsibilities listed. Once agreed, staff would take the city issues and present to Council multiple ways to address that issue. Council could then determine which option to follow per issue. • • City of Denton City Council Minutes February 28, 1995 Page 6 "r b ob 16 i Council Member Cott returned to *he meeting at 7:47 p.m. i Council Member Cott asked for several financing alternatives such as sales tax, general obligation bonds, certificates of obligation, etc, Mayor Pro Tem Brock left the meeting 7:45 p.m. City Manager Harrell stated that staff would provide several alternatives to Council with options to proceed with the various issues, Mayor Pro Tem Brock returned to the meeting at 7:46 p.m. Council Member Miller assumed that the City and Chamber would proceed with some of the recommendations of the report and not wait for the development of a corporation. Mayor Castleberry stated that some of the items were marked as a Chamber responsibility with city backup, one or two of the items the Chamber was already doing. He asked that those items be listed and the efforts of the Chamber also be listed in those items. The Council considered Item #4, 4. The Council received a report and recommendations from the Hotel Occupancy Tax Subcommittee regarding proposed funding of hotel occupancy tax recipients for 1995-96 and gave staff direction. Kathy DuBose, Executive Director for Finance, stated that the City's contracts with the recipients of the hotel occupancy tax funds would expire March 31st. The City Council Subcommittee met during the last few months to formulate a recommendation on the use of hotel occupancy tax funds. They interviewed the current recipients and three additional prospective recipients, the Denton Main Street Association, the Fesitval Foundation and the Denton Historical Landmark Commission. Audits were performed for • compliance with the individual contracts and with state law, The Subcommittee also reviewed renovation options for the civic center. Brent Byers, Corigan And Associates, presented options for the use ! of the civic Center. The Civic Center was currently used for some I recreational purposes and some civic uses. option A would continue the use of the building as a civic center or the potential support space usage for a future convention center which might be located • • V adjacent. to the building. The use of hotel/motel tax money would apply to such an option and there were needs of the community which would require continued use of the building. The current Parks and Recreation offices would be replaced with support functions to support civic center uses. The bathrooms would be expanded and • e., • A City of Denton City Council Minutes February 26, 1995 f);; Page 7 7 lO modified, a kitchen added, and access to the front of the building would be enhanced. Other options would be phased in over the years. Option B would not add any additional square footage but would expand internally into the current open space which would create the support space needed. Option A costs were broken down by specific categories such as ADA improvements, fire alarm systems and sprinkler system improvements, office renovation, sc.und system improvements, and optional areas such as a kitchen, kiln, elevator and public address system for primary spaces. Option B would include some of the same improvements as in Phase A. Option B would be a reduction in square footage. Less money would be spent with Option B but there was also less value in option B. City Manager Harrell stated that the subcommittee wanted to examine how much money would be necessary to bring the Civic Center building to modern code provisions and to do some remodeling which might make the building more usable for the community. In the City's long range space plan the Parks and Recreation offices were to be moved out of the Civic Center which would make that space available for remodeling. The Subcommittee felt it was desirable to have an architect determine the parameters of those two items. The thought process was that over a series of years, a plan would be developed where funds would be set aaide and saved for this type of improvement program. This wou'A be coordinated with the allocation of the hotel/motel tax. Council Member Miller questioned parking associated with a possible convention center. Byers stated that a long term recommendation was that there would f be more usable public space with underground parking and more bridge connections for overflow areas. Council Member Smith felt that there was a need to meet the needs of the community rather than try to compete against another convention center. There was a need for something to meet the City's needs at this point in time. • DuBose continued with the recommendations for funding. The Subcommittee recommended a cap be created that limited the maximum amount of hotel occupancy tax distributed to each recipient. The cap was calculated by taking a three year average of the actual hotel occupancy funds distributed to the recipients minus approximately one percent. Each recipient would receive a percentage of hotel occupancy money, which was based on the percent I of each cap to the 1994-95 hotel occupancy budget, or the actual • 0 cap itself, whichever was less. The established percentage would remain valid for the duration of the contract. Any balance would go to the reserve for improvements to the Civic Center. The duration of the contract would be two and one-half years so that it would end with the budget cycle in 1997. Monthly payments to the • a+ • C City of Denton city council minutes February 28, 1995 1;~[l Page 8 r~s1 :1_ Src~ to recipients would be eliminated and quarterly payments would be ! made. The payment structure would be a fixed amount. State f statues required quarterly reports be submitted to the taxing entity and those would be required before the release of payment to the recipients. The budgets presented to Council by the recipients would indicate how they intended to use the hotel occupancy tax i money in order to look at how the recipients performed as opposed to how they were budgeted. Failure to submit a financial report which complied with the contract would be cause for termination of the contract. The limitations on use of the funds had been adjusted to include all state allowed expenditures based on the recipients budgets. An insurance requirement had been added which limited the City's general automobile and worker's compensation ! liability. A clause had been added which limited future commitments by the City of hotel tax funding to the current contract period. Mike Bucek, Acting City Attorney, stated that the contracts would be sent to the agencies for review and council would consider the separately at a future meeting. Council Member Miller asked if the recommendations had been discussed with organizations and were they aware of the cap. Mayor Castleberry replied that this would be done with the current contracts. Council Member Miller stated that he served on the Holiday Festival Association and there had been a desire over the last few years to have the Historical Museum open the night of the community activity. It was important not to get into the operation of an organization but when it impacted the outcome of city events, these problems needed to be worked out. He questioned if the cap would be too restrictive over the period of the contract and if there needed to be a clause adde,' for possible changes to the allocation. Mayor Castleberry indicated that the reserves of the agencies were also taken into consideration. The purpose of the cap was to allow any excess funds to be allocated for Civic Center renovations. • Council Member Smith stated that other agencies were interviewed but not approved for funding. The Denton Jazz and Arts Festival was a big tourism draw to the City. She questioned whether it would be well to encourage the recipients to obtain matching funds. Bucek stated that the hotel/motel legislation limited the City's • • 6 contribution to arts and music to 1% and the Greater Denton Arts Council was already receiving 1$, If other agencies were included, that allocation would have to be reconsidered. Another point was that the Jazz Festival raised money in order to provide grants to organizations which might result in a gratuity issue. • O • G~ • nn ! lo.t~r;Mo_".i City of Denton city council Minutes February 28, 1995 Page 9 o~ ~ a Mayor Castleberry stated that it was felt that allocation to the Downtown Association would be a duplication of current efforts by the Convention Bureau and other organizations. The Historic Landmark Commission was a city organization and if funds were needed, the request should go through the budget process. There was a cap in the contracts but if the hotel/motel funds received ' were not sufficient to meet the caps, the general fund did not supl,>lement the funds. II City Manager Harrell stated that if the formula was accepted, the extra amount for '.,e Civic Center improvement fund would be approximately $60-70,000. The minimum improvement was much more than that amount. This would be a long term proposal and a savings fund for the project. Dubose stated that approval of the contracts was scheduled for March 21st. With Council direction, the contracts would be. sent to the recipients for their consideration. Mi ller motioned, Perry seconded to proceed with the process as outli,.ed. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleb.3rry "aye". Motion carried unanimously. 3. The Council received a report and held a discussion regarding major initiatives from the Vision Project. Lloyd Harrell, City Manager, stated that the Project Cabinet had taken all of the work of the Impact Groups and established priorities for the project. The Cabinet formed action teams which would work on suggested ways to implement ti,ose priorities. The four categories expressing the functional areas which the community should emphasize were work, learn, live and play. Each category had a statement of the vision under that category. Each functional area had a specific long-term objective which was felt to be appropriate to achieve the work area. The Cabinet took each initiative and prioritized them and then set out the immediate priorities to move the process forward. An acknowledgement was 3 developed that the later projects would proceed. This process was • done for each of the four categories. Mine major initiatives were developed from these four categories for priority consideration. At this point, for each of the major initiatives, the Cabinet would develop a concept plan. In each function area the Cabinet would reform the Impact Groups into Action Teams. Each Action Team would consist of general citizens plus members of the Project Cabinet. Invitations had gone out to all of the citizens to rejoin one of the four Action Teams. Members of the Project Cabinet had been designated as chair of each Action Team. The Action Teams had the responsibility to take the priority projects and develop strategies to implement the project. Implementation would be a function of the appropriate board such as the Council, School Board or Chamber. • a, • w d_ ~~CII(faNO. City of Denton City Council Minutes 11JuUUdilluti February 28, 1995 Page 10 N5. The Council received a report and held a discussion regarding the Cable T. V. Emergency Override System. Richard Foster, Public Information Officer, stated that the franchise agreement between the City and Sammons required Sammons to provide the City with an emergency alert system to broadcast an emergency message over the audio portion of all the cable television channels. This system had been installed at the emergency dispatch center at the Police Department and was currently operational. A set of guidelines for using the system had been prepared and reviewed and approved by the City Manager, the Deputy City Manager, the Police ChieY and Fire Chief. The system would be tesf•ed once a month. All channels were wired except for the four pay for view channels and several new channels which were still in the process of being wired. With no further business, the meeting was adjourned at 9:10 p.m. i BOB CASTLEBERRY, MAYOR CITY OF DENTOA', TEXAS ~ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00257 • i • • t m r CITY COUNCI; - :j o~ s~ p : o ~ s r 0 o. age &No. - O/ Agendaltem I (Bts -3-ate DATE: Marci-01, 1996 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE ANNEXING AND ZONING A 199.5 ACRE TRACT LOCATED EAST OF MAYHILL ROAD AND NORTH OF E'DWARDS ROAD: (A-84) I RECOMMENDATION: The Planning and Zoning Commission considered this item on January 25, 1995 and voted unanimously to recommend adoption (5 - 0) SUMMARY: The City proposes to annex a 199.5 acre tract located adjacent to the City's landfill east of Mayhill Road and north of Edwards Road. A site map and legal description Is included in attachment #1. The tract is proposed to be zoned light Industrial "LI" zoning district classification with a specific use permit (SUP) for a landfill. BACKGROUND: The City has purchased approximately 55 acres and has an agreement to purchase another 135 acres of this tract. City Council approved an annexation schedule on December 6, 1994 setting the dates for public hearings in • accordance with state law and the City Charter. A public hearing was held before the City Council on January 3, 1995 and Mr. Roger Crawford spoke in opposition. He suggested that the City consider redesigning the landfill operations so as to leave the communications antenna in place. Staff is currently negotiating with Mr. Crawford with the view of relocating ' B the communications tower. City Council held a second public hearing on January 17, 1995 and no spoke in opposition. The Planning and Zoning Commission considered this item on January 25, 1995 and voted 5 - 0 to recommend approval. • p • AgendaNo ` QI_d AgWalto City Council considered the proposed ordinance (first reading) at its regular- 15 meeting on February 7, 1995 and voted unanimously (7 - O) to approve. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Solid waste services. FISCAL IMPACT: The purchase and annexation of this site will provide long term solid waste disposal capacity for the city. Respe Ily submitted; Lloyd V. Harrell City Manager Prepared by: tlllr 2"C' Harry N. Persaud, MRTPI, AICP Senior Planner i 3 Approved: ! Frank H. Robbins, AICP • Executive Director for Planning and Development Attachment #1: Site map and legal description A-64 e Attachment #2- Annexation Schedule • • Attachment #3: Land ownership map Attachment #4: Annexation Ordinance Attachment #5: P & Z Minutes • ca • A-64 Landfill M1e :.~ror~ RTH ATTACHMENT 1` r> 1 f f j • • 'rrar-~ f ~ • • r Location Map Date: 3/8/94 Scale: None • G~ • ALL that certain lot, tract, or parcel of 1M69'"1~i nq situated in the county of Denton, State of Texas, being part of the IS Gideon Walker Survey A-1330 and more particularly described as follows; BEGINNING at a point in the existing city limits said point lying in the south line of a tract described in ordinance 81-94 said point also lying at the northwest corner of the tract described in ordinance 83-18 and in the center of an east/west road (known as Foster Road)1 THENCE west along the center of said asst/west road and the south line of said City limits (Ordinance 81-94) a distance of 1815.66 feet to an interior corner of Ordinance 81-940 and the west boundary line of the Gideon Walker Survey A-13301 THENCE south with the west boundary line of said Walker Survey and the east line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a point in the canter of a county road and also the northwest corner of Ordinance 86-14: THENCE south 20 west with the east line of ordinance 86-14 a distance of 1727.92 feet to the northwest corner of ordinance 83- 161 THENCE south 880 29t east with the north line of Ordinance 83-16 a distance of 1499,1 feet to the northwest corner of ordinance 86-131 THENCE south 8611 53' east with the north line of ordinance 86-15 a distance of 1412.5 feet to the northwest corner of Ordinance 86- 218; THENCE south 866 591 59" east with the north line of ordinance 86- 218 a distance of 627.98 feet to the northeast corner of ordinance 86-218 and in the west line of ordinance 84-17, Third tract) THENCE north 1260 feet to the northwest corner of ordinance 84-17, Third Tract and the southArly southwest corner of Ordinance 83-181 • THENCE north 16 411 08" east a distance of 541.96 feet with the most easterly west line of ordinance 83-18; THENCE north 870 371 54" west with the northerly south line of Ordinance 83-18 a distance of 831.02 feet to a point for corner; O THENCE north 880 151 45" west with the northerly south line of • ordinance 83-18 a distance of 792.29 feet to the most northerly southwest corner of Ordinance 83-181 THENCE north 10 09' 20" east with the west line of ordinance 83-18 a distance of 1308.77 feet to the Point of Beginning and containing 199.5 acres of land. AEE0028C/9 • O • e ATTACHMENT 2 5 ~ December 6, 1994 City Council sets date, time and place for public hearings, DecwAber 10, 1994 Notice Published in Denton Record Chronicle for first public hearing. January 3, 1995 City Council holds first public hearing. January 6, 1995 Notice published in Denton Record Chronicle for second public hearing. January 17, 1995 City Council holds second public hearing, f January 25, 1995 Planning and Zoning Commission stakes recommendation. f February 7, 1995 City Council institutes annexation, First Reading of Annexation ordinance. February 10, 1995 Publication of Annexation Ordinance in Denton Record Chronicle. March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation ordinance. 0 i i • c~ 0 • N AsTCWATCR 1 \11 il' iRC VL ANII Ni A 1 ` tDO+ ' FOSTCR RoAO CITY PROPERTY _ III I LMIDI L ^C A ~ W I CITY OF DENTON HAS OPTION TO PURCHASE PROPERTY T \ ' t% r xa r c ` L4 5 CITY Of DENTON !<t STREETS • • ATTACHMENT 4 No. 7q IS AN ORDINANCE OF THS CITY OF DENTON, ACRES TEXAS ANNEXING A TRACT OF 199.5 LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWAR,DS ROAD; APPROVING A TEMPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City of Denton has purchased approximately 55 acres of this tract and has a contract to purchase an additional 135 acres for the purpose of expanding its landfill, and WKBREAB, the City of Denton wis),s• to extend its city limits line to include the entire tract comprising 199.5 acres; and WHEREAS, p,;hlic hearings were held in the Council Chambers on January 3, 1995, and January 17, 1994, (both days being on or after the 40th day but before the 20th day before the date of institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the prop- erty described herein by the introduction of this ordinance at a meeting of the City Council on February 7, 1994; and M WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation pro- ceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW THEREFORB, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: JECTION i• That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION iT• That the service plan attached as Exhibit 48" and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. • SECTiN IiI• That the property annexed is temporarily zoned for Agriculture "A" district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. 1 ACTION iV• That the City's official zoning map is amended to show the temporary zoning district classification of the property ® annexed. • SECTIO" That should any part of this ordinance be held illegal for any reason, the holding shall not affect the validity i I • O • w • dl,Ci~Li8it0IT g !~`;-c of the remaining portions of this ordinance and the city ust►cil hereby declares it to be its purpose to annex to the City o! Renton all the real property described in Bxhibit "A* regardless of whether any other part of the described property is hereby effec- tively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION VI: That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Bach day that a provision of this ordinance in violated shall constitute a separate and distinct offense, SECTION Vlic That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1995. BOB Y, YCR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL SUCEK, ACTING CITY AT'T'ORNEY • BY: J- - PAGE 2 1 1 lewd MiNdid • c~ P i M1 lutes ATTACHMENT 5 A January tS, 19,5 f ..l, ~ Page 15 rs fEf II. Landfill annexation and zoning. 1 ! a. Hold a public hearing and consider making a recom- mendation to the City Council with regard to the proposed annexation of a 199.5 acre tract located east of Mayhill EI Road and North of Edwards Road. (A-64) Mr. Persaud: Madam Chair and members of the Commission the 1 city is proposing to annex 199.5 acres situated east of Mayhill Road and north of Edwards Road. The purpose of this annexation is to z)ne the land appropriately and expand the city landfill. At a public hearing before the City Council Mr, Crawford spoke in opposition of the proposed annexation, since then staff han entered into some discussions with Mr, Crawford. They are working towards an agreement concerning the communications tower on the mite. Since that is a real estate matter we will not discuss it at this open meeting. It is my understanding ' 6hat those discussions are working out favorably and since tnen Mr. Crawford has not spoken et any other hearings. The schedule for this annexation is the same as the was mentioned earlier. We would be glad to respond to any questions. Ms. Russell. Are there any question? Is there anyone to speak in favor of the petition? Mr. Charles Watkins: My name is Charles Watkins and I an the superintendent of the Solid Waste Division. We have a great interest in this annexation and proposed zoning. This particular site is scheduled for two additional actions and I am available for any questions or concerns. Ms. Russell; Are there any questions? Is there anyone also to speak in favor of the petition? Is there anyone that would like to moeak in opposition to the petition? Mr. Wade Willis: My name is Wade Willis and I live at Route 7, Box 91B in Denton. I have tventy-five acres that I bought in 1977. I as very opposed to this annexation. I an outraged with what the city has come up with. I feel that I will probably ,got be successful because the city is the petitioner. What the city would like to do is to build a ninety-five foot high mountain. It will be ninety-five feet above Mayhill Road and it will make this site probably the highest point in e Denton County. F live on the third highest point in Denton • County and what they want to do is to build highor than my property. They also want to put up a hundred foot buffer zone between Mayhill Road and Edwards Road. This is not such more • ca • P i 2 Minutes January 25, 1993-I~ Page 16 ~C)~ 1ST I than an average house setback. Then they are going to come out and put in some small trees, as this thing is being build, as a screen. If you can picture this as you drive down I-35, when you look off to the right the new hospital will look back on this new ninety-five foot landfill. A ninety-five foot mountain of garbage and on a windy day this garbage will be blowing all over. There will be dust, it will smell, and it will be noisy with trucks going in and out. How in good conscience can a city like Denton put in a landfill that will be visible as you come up I-35, and where you have the Golden Triangle Hall, a new hospital, and a new high school. If I case in as a developer and asked to put up a nine story structure on this land and to *ill it with garbage, do you think that you would allow no to do that? You would laugh se right out of here. The land has Leon bought and I know this is futile. Nobody case and asked 12 we would be in favor of the city buying the land and expanding the landfill. You are putting this thing in a corridor of growth. You are putting an eyesore right in the middle of growth. Now I might back a plan if the buffer% were five hundred to one thousand feet and this was built at a reasonable height of say forty feet. This is going to radically change the environment and the appearance of that part of Denton County and that is where our growth is coming from. They are proposing to build something that is not going to go away. The newspaper came out with an account of what the city wanted to do. The city had already bought the land. It came out that they were thinking about doing this and that is not correct because they had already done it. Here in todays' paper it says that the new landfill expansion is scheduled for completion in 1997 and this is before the commission has even judged this. I grew up here in Denton and as a planner and a builder I would never buy a piece of property without having the zoning in place. You are destroying our property values. I have a beautiful house with horses and cows and they want to put this behind me and they want to rove the tower right behind me. I would accept the tower if they would change the lighting from bright white • strobe to a red light. I went to the FAA and they told as that they had made recommendations to change the lighting to red. It still has a white light. At night I have to shut my blinds and the drapes so that I do not have to roe the flashing white strobe light. Now they want to build a iinety- five foot mountain. They have a landfill now that is forty feet high and they have spent so such that they are wanting to • e put so such there as to sake it ninety-five feet high. We all hate this thing and we feel that we have been gypped and horn swagqled and neglected. They have spent a lot of money and they are going to be pitching this thing real hard. We are • e~ • P 4 Z Minutes January 25, 1995 Page 17 ! j CL/ prepared to go to court to keep this from happening. Ms. Russell: Was the city dump there when you bought your land? Mr. Willis: No it was not. The landfill has been run fairly well. I as about a half s aile from the landfill and I an separated by some woods and a hill. we are letting people from Texas Waste Management use it. In the proposal they vast to plan trees to shelter it. Well they are going to need to plant some sequoias out there and start planting thou now. We don't want the dump to go in and then put the trees in. They are going to do a major mining operation out there. Mr. Cooper: Show us where your property is again. Mr. Willis: I live on Edwards road. They will close off the back area as a buffer zone and move the tower there. Well they can't build back there because there is a creek back there and there is a main trunk line back there. The buffer along Mayhill Road and Edwards Road is a joke. In Corsicana there is a landfill and they had to put a buffer of eight hundred feet. We have the potential for an area of growth. The only reason they are doing it is that it is convenient. Mr. Cochran: Are you familiar with the big green hill that is across from Vista Ridge off I-35? That is a landfill. Mr. Willis: I an aware of it. Do you know the height of that thing? I understand the need for a landfill and the need to build it right. T as not totally opposed to a landfill if they were To to keep it reasonable. What they are trying to do now is totally unreasonable. Ms. Russell: Is there anyone else that would like to speak in opposition? Ms. Wilma Haggard: My name is Wilua Haggard and I live on Mayhill Road and have been there for forty-nine years. We have worked out there ar.d have tried to do what was best for the community and now they are proposing a hundred and fifteen foot buffer along Mayhill Road. Has anyone measured what A one hundred and fifteen feet buffer is? Then they are talking about building the landfill ninety-five feet high. We talk 0 about beautifying Denton so please don't forget about us out • • there. We live out there and there is a community out there. We would like you to consider setting it farther back. The city bought the land and they are doing work oiit there and • c~ • P i 2 minutes R( C- January 25, 1995 Page 18 •;1- _1.5 l 2 c-.(~ f S then you want to know what our comments are. I an asking you to consider a five hundred foot setback. It is devaluating our property. I know we have to have progress but we need a little consideration out there. Why not stop Waste management from using our landfill which would help our landfill. I live on Mayhill Road and we have thirty-five acres, Ms. Russell: Is there anyone also to speak in opposition? Mr. Sherwood Spencer: My name is Sherwood Spencer and we live at the corner of Spencer Road and Mayhill Road. We have one hundred and eighteen acres out there. No one has told us anything and all of a sudden all of the houses across the road on Mayhill disappeared. No one notified us, no one told us one thing and I don't think that is a proper way to handle this. How about property values? I talked to a real estate agent and he said that the property values will drop ten thousand dollars an acre. We will take you to court if we have to. Ms. Russell: How did the real estate agent come up with that figure? Did he have other cases? Mr. wherephe`has d alt with real e,hat based on other cases Dr. Huey: Will you show us where you live? Mr. Spencer: On Mayhill Road right across from the site about halfway down the road. Ms. Russell: Is there anyone also to speak in opposition? Mr. Don Cunningham: My name is Don Cunningham and I live at 3724 Quail :reek Road next to the railroad right-of-way. We have been tiers twenty-three years and I would just like to speak in sugport of Mr. Willis, Ms. Haqqard and Mr. Spencer. • We are a li:.tle farther from the dump than the other folks are. I don't have any objection on how the dump has been run and we are a little farther from it and with the setback. If it comes up with a hundred and fifteen feet on Mayhill I really don't understand why the city wants a dump across the street from houses. p (Mr. cooper left at 7:00 p.m, and went to the hallway.) • Me. Russell: Is there anyone else to sp,iak in opposition? • O • w • c P a Z Minute. January 15, 1995 Page 19 13c~IS Mr. Scott Bennett: 2229 We My name is Scott Bennett and I live at stviev Trail. I an here in opposition of the landfill half Nome. Theyf ownaPecan Creek that I work Mobile Homef park which is 2601 Mayhill Road. The company purchased the mobile home park back in 1991. It was distressed property when ve bought it and we have made it a nice place to live over the last three years. We oppose this for three primary reasons. We feel that it will devalue our property greatly and we have a major investment there. our second concern is the deterrent of buyuit we business take a distressed sell mobile homes and fill up our co=unitfrs and then we keep then and maintain them. The third reason that we are opposed to this is that we have been notified that there will be a loss of business if this expansion occurs. We as a corporation are prepared to fight this. Ms. Russell: Is there anyone also to speak in opposition? Mr. Robert Donnelly: My name is Robert Donnelly and I have twenty acres on Quail Creek Road. I question what is this site going to do to the ground water? Mr. Watkins: Ground water is a key issue that the Texas Natural Resources Conservation Commission is interested in and looks at prior to granting a landfill permit. We have drilled a number of wells on this property and we have taken a number of samples from those wells. One of the purposes is to determine how deep we should excavate the site, basically what the character of the ground water is underneath that site. We have done some extensive analysis in that area in preparation for our permit application. What that has told us is that our average depth of excavation is going to be somewhere in the neighborhood of sixteen feet above the general surrounding elevation. It is not going to be extremely deep. With regard to protection of the ground water resource basically a set of regulations that is referred to as Sub Title D went into e of a ffect about a year and a half ago which really requires kind generic design for the landfills. And the ultimate goal of that design is to protect the ground water that io underneath the landfill. We are required to provide background data with respect to the constituents that are in the water now and when the landfill is in place we have to monitor that on a routine basis to determine whether or not 0 there is any change in that ground water and whether or not • there is a leak. If the certain constituents reach a particular threshold then we are required to go into what is called assessment monitoring where you step up your assessment • p • P A 2 Minutes A.'1 i, !l1p?-f,~S} fII January 25, 1995 C_ : i Page 20 C~ and try to determine what is causing the problem. If it is a contamination situation than ultimately we have to fix the problem. The regulations require that we design this landfill and the purpose of the design is to prevent a leak. Ms. Russells Is the landfill monitored at a higher level? Mr. watkinsr Yes it is. We have our laboratory technician who goes and takes the sample but all of the data from the sample is sent to TNRCC in Austin and their ground water monitoring team looks at every report that is sent to than to determine if there is any variation from the background samples. Additionally we have an on-site inspection that takes place once every two months. The inspector comes out of the regional office in Duncanville. Mr. Cochran: what kind of liner will this have? Ms. Russell: can we hold that question because I still have a number of questions that I would like to ask. Did you have any more questions Mr. Donnelly? Mr. Donnelly: what is Loop 268 going to do? Mainly that it is almost unrealistic to me that they are going to have a tan story high landfill right off I-35. Ms. Russell: I would like to make an announcement that at approximately 7:00 p.m. Commissioner Richard Cooper left the room and will not be a past of the deliberations. He is an employee of Andrews Corp. which is in this vicinity and he chose to not be a part of the deliberation. He wants to avoid any conflict of interest. Ms. Russell: Is there anyone else in to speak in opposition? Dr. Hueys Can Mr. Donnelly show us where his property located? • Mr. Donnelly: I own twenty acres that is south of Ms. Haggard' property and I bought it to retire on. Ms. Russell: Mr. Persaud do you have anything further? Mr. Persauds Madam Chairman, from the staffs' standpoint I , e would like to point out to the Commission that the city has • • purchased most of the land in this location and the petition befor, you tonight on this first item is for annexation only and not a landfill. The other item is for light industrial 1 i 0 0 1 • I- ~ • %wondoNo -'JIOR L P E Z Minutes January 25, 1995 Page 21 15 ` 5 zoning and not a landfill. The third item is for the landfill. Staff would like to separate the items, Annexation is not tied to the landfill. That is the ultimate goal but you can consider the landfill finally on item three. These proposals before you tonight will not negatively impact the city's long range plans, Ms. Russells I an going to close the public hearing at this tise. Any final remarks pertaining to the annexation from staff? Ms. Schertzi When did the city purchase this land? aexact date but the first thing thiatpwesdidSwas ton nter~ino the agreement with Mr. Sullivan to purchase one hundred and thirty-five acres in 1992. Since that time we have purchased all of the existing properties on this side which is fifty-five acres. There is an additional ten acre tract that we are currently negotiating for and that is progressing favorably. Mr. Cochran: I an prepared to move that we approve this annexation. My reasons are just on the narrow issue of the annexation. It seems to make soma sense from a long range I'I strategic point of view for the City of Denton to do this. I would move that we approve this. Dr. Huey: I'll second. Ms. Russell: Any further discussion? All in favor of the motion to approve the annexation please raise your right hand. All opposed same sign. Approved. (5-0) Mr. Cooper was not present. I • 1 ~ 1 "C e 1 a, h ~ ~ .e~lapjSlyA h ~'~P~,4~Y} e ~ ~C I T Y ~ ^COUNCI i I c IL. l e e l ~ O v y • t y r e x, t• ~pp° O O G C • • A ; AgendS--lbOt33tr~ DATE: March tBfugr 1~ ULl CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE PROVIDING FOR A CHANGE FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 199.5 ACRE TRACT LOCATED NORTH OF EDWARDS ROAD AND EAST OF MAYHILL ROAD AND APPROVING A SPECIFIC USE PERMIT TO OPERATE A LANDFILL IN THE DISTRICT. (S-204) RECOMMENDATION: The Planning and Zoning Commission recommends approval. (5 - 0) SUMMARY: The proposed Light Industrial (LI) zoning district classification is consistent with the Specific Area Policy, "Development Near the Pecan Creek Wastewater Treatment Plant," as contained in the Denton Development Plan. The Planning and Zoning Commission considered the City's petition for LI(4 Industrial zoning as a separate Item at its regular meeting on January 25, 1,,6 A separate report with findings, recommendation and minutes attached.(Pages A1-A12) The Planning and Zoning Commission at Its regular meeting on January 25, 1995, also considerd the City's application for a Specific Use Permit to operate a landfill on the site. P & Z report with site plan, ordinance and minutes Is • attached. (Pages 131- B30) BACKGROUND: • The City's Solid Waste Master Plan Committee strongly recommended that the • • City proceed to acquire a site for its long term landfill expansion. In 1993 the City entered Into an agreement with Roger C. Sullivan to purchase a 135 acre tract located east of Mayhlli Road north of Edwards Road, So far the City has 3 purchased another 55 acres located east of Mayhill Road and south of Foster j 3 w • .~gtmdAlVa C Apdalte 03to i Road. City staff is currently negotiating further acquisition with the owners of an existing communications antenna located on the site. PROGRAMS. DEPARTMENTS OR GROUPS AF E TED: The City of Denton solid waste services. FISCAL IMPACT: The Landfill will provide long term solid waste disposal capacity for the City of Denton, 4Respe y submitte d ll City Manager Prepared: Harry N. ersaud, MRTPI, AICP Senlor Planner Ap roved: r ran c H. o' Ins, AICP Executive Dir ctor Planning and Development • 11 i , • w • OrtdaNo.- , Apoadalta r PLANNING AND ZONING COMMISSION RE TO: Mayor and members of the City Council Case No. Z-95-001 Meeting Date: March 21, 1995 - - - GENERAL INFORMATION: APPLICANT: City of Denton 901A Texas Strcet Denton, Tx. 76205 CURRENT OWNERS: City of Denton, 901A Texas Street, Denton, Texas 76205. Roger Sullivan, 305 North St.Paul, Suite 20550, Dallas 75201. Abner Inc., 1200 Commerce Dr.,Sulte 110, Plano, Texas 75093 REQUESTED ACTION: Light Industrial (LI) Zoning District Classification on a tract 199.5 acres located north of Edwards Road and east of Mayhlll Road. LOCATION AND SIZE: 199.5 acres located north of Edwards Road and east of Mayhlll Road In the Gideon Walker Survey Abstract A-1330. SURROUNDING LAND USE AND ZONING: North - Agriculture (A), Light Industrial (LI), S-173 for the existing Wastewater Treatment Plant. South - Pecan Creek Mobile Home Park, PD-99 for Single Family SF-7, Zero Lot line 5,000 sq ft lot size and Multifamily MF-1. • East ETJ; existing landfill , * • West - Agriculture (A); PD-116 for light industrial uses. A-1 • ca • ~E►oodaNo ~ DENTON DEVELOPMENT PLAN: u ~ 1. Low Intensity Area #59: 2. Specific Area Policy "Development Near the Pecan Creek Wastewater Treatment Plant" i SPECIAL INFORMATION: Transportation; Access to the site will be provided through Foster Road. The site Is to be developed to allow a 40 feet R.O.W from center line on Mayhill Road and 30 feet R.O.W. from center line on Edwards Road in accordance with the City's Long Range Thoroughfare Plan, Utilities: There is a:i existing 8" water line along Foster Road. Existing 21" and 24" wastewater lines traverse the site from southwest to northeast. Drainage: A drainage plan will be submitted for consideration later. I~ h BACKGROt IND: The City's Solid Waste Master Plan Committee strongly recommended that the l City proceed to acquire a site for its long term landfill expansion. In 1993 the City entered into an agreement with Roger C. Sullivan to purchase a 135 acre tract located east of Mayhill Road north of Edwards Road. So far the City has purchased another 55 acres located east of Mayhill Road and south of Foster Road. City staff is currently negotiating acquisition with the owners of an existing communications antenna located on the site. • The site is currently located In Denton's Extraterritorial Jurisdiction (ETJ) and the city is taking necessary actions to annex and zone the tract to accommodate a landfill. NO"i IFICATION: • Seventeen notices were mailed to property owners within 200 feet of the site. • • Seven responded: one In favor, one undecided and five opposed. A-2 J j { • o y, r • • ,7crdaNo. ` ANAL'!SIS SU(, L4q The Specific Area Policies contained in Chapter IV of the Denton Development Plan (DDP) "are intended to provide a framework for promoting development In a designated area which requires special treatment in view of current problems or its unique location and character". Specific Area Policy (1) "Development Near the Pecan Creek Wastewater Treatment Plant" states the following: Additional residential development will not be zoned within 2,500 feet of the Wastewater Treatment Plant. Residential development will be generally restricted between 2,500 feet and 4,000 feet from the Plant. The area within 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably industries that could utilize the effluent from the Plant as cooling water or other processes requiring low quality water". The entire site Is located within 4,000 feet from the Wastewater Treatment Plant as shown in attachment #2. The proposed Light Industrial "LI" Zoning District Classification (or this site is consistent with the Specific Area Policy. This site is located within Low Intensity Area #59 as contained in Appendix "A" of the Denton Development Plan. A boundary description and intensity calculations are included in attachment # 1 pages 1 and 2. Since the DDP emphasizes light Industrial development In this low Intensity area, it is expected that the area will be over allocated when ultimately developed as light Industrial uses generate 105 trips per acre per day (t/ao/dy) as opposed to the 60 t/ac/dy which is considered the standard Intensity for a low intensity area. It should be pointed out however, that in doing the intensity calculations for the existing landfill an 85 t/ac/dy has been assumed. Actual trip generation based on records kept by the City Indicates an average of 8 t/ac/dy. If this number is used in the calculations, the overall trip allocation percentages will be reduced significantly, E RECOMMENDATION: • The Planning and Zoning Commission recommends approval.(5 - 0) ATTACHMENTS: • 1. Intensity area description and calculations • i 2. Map showing the site in relation to the Wastewater Treatment Plant. 3. P & Z Minutes A-3 • ATTACHMENT ~~~p INTRKSITT AStA ♦ a9 Page 1 of 2 tlii~~°~9U4. d U a SOVNDART DtSORIPTIOK 6 ILI L+ I I~ I East: Pecan Creek and Swisher Road west: Mayhlll Road North: Pecan Creak South: adwards Road II ~i L.J I I~ 1 .~e ~1 .~.E i as lij ell h.r. 0' • r ~ srt eaa a0aa I $GALS • L._,r.r.r.r7 0 1000 2000 I • ®arr.r e•rr~ runs ~ III A-4 • p • ~"vliJ»IIOR ~ - L'.-ND USE MANAGEMENT INFORMATION SYSTEM 7 ~ y t4 PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area 59 Type: Law Intensity trips/Ac 60 Traffic survey zones: 6616 Boundary Description: North: Pecan Creek South: Edwards Rd. Date. 03/08/95 Fast: Pecan Creek and Swisher Rd. West: Mayhill Rd. - - LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 < 43 39.27 430 0 0 0 0 0 SF-10>16 0 0 0 0 0 0 0 0 SF-7>10 ; 0 0 12.94 543.48 25 114 1140 I LESS SF-7 0 0 0 0 0 ILA 70 700 j MOB.HOMES 38 6.24 380 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-1&2 0 0 0 0 0 13.5 200 1600 COM/RET 0 0 0 0 0 0 0 j OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 25.63 2691.15 94.3 0 9901.5 INSTI'NAL 0 0 0 0 0 235.96 0 20056.6 PARKS 0 0 0 0 0 0 0 0 R/0/SPACE C 0 0 0 0 10.08 0 0 TRANSPORT 0 11.57 0 0 0 0 0 0 AGRIC. 0 0 0 0 0 0 0 0 VACANT 0 845.88 0 416.67 0 0 0 0 TOTAL 81 902.96 810 455.24 3235 390.64 384 33398 INTENSITY CALCULATIONS (1) Intensity area total trips 902.96 times 60 54178 (2) Trips allocated to existing land uses (built) 810 (3) Trips allocated to current zoning incl. P D6 (not built) 36633 (4) Trips allocated to vacant lands not zoned plus Agric, zoning 25000 (5) Estimated unallocated intensity tripe (1)minus(2)+(3)+(4 -8265 (6) Percentage of intensity trips allocated 115 • a A-5 • . C~ DDP Specific Area Policy_ L.~ i 1 1 I 5 1 _ y I' e r• • A. 6 • nQen~,Nu_ ~ P & Z Minutes 'A L4 January 25, 1995 Page 21 city's long range plans. Ms. Russell: I am going to close the public hearing at this time. Any final remarks pertaining to the annexation from staff? Ms. Schertz: When did the city purchase this land? Mr, Persaud: I don't know the exact date but the first thing that we did was to enter into an agreement with Mr. Sullivan to purchase one hundred and thirty-five acres in 1992. Since that time we have purchased all of the existing properties on this side which is fifty-five acres. There is an additional ten acre tract that we are currently negotiating for and that is progressing favorably. i Mr. Cochran: I am prepared to move that we approve this annexation. My reasons are just on the narrow issue of the annexation. It seems to make some sense from a long range strategic point of view for the City of Denton to do this. I would move that we approve this. Dr, Huey: I'll second, Ms. Russell: Any further discussion? All in favor of the motion to approve the annexation please raise your right hand. All opposed same sign. Approved. (5-0) Mr. Cooper was not present. I 76. Hold a public hearing and consider making a recom- mendation to the City Council with regard to a petition by the City of Denton for Light Industrial zoning on a tract of 199.5 acres located North of Edwards Road and East of Mayhill Road. (7.-95-001) • Mr. Persaud: Madam Chairman and members of the Commission the petition before you tonight is by the City and it is for light industrial zoning classification on a tract of 199.5 acres. We mailed seventeen notices to property owners within two hundred feet of the site and we received six responses, four were opposed, one undecided, and one in favor. The proposal is for light industrial zoning classification and if 6 it is approved fcr this site we will not be able to build a • landfill on it because that is not a permitted us in LI zoning, So here again the landfill should be seen as a separate issue with regard to this petition. Staff is recommending the proposal of the petition for light industrial zoning and I would like to go over some of the policies in the 1 A-7 1t 0 • ra • P & Z Minutes January 25, 1995 t Oq Page 22 Denton Development Plan which support that position. In the Denton Development Plan we have what you call a specific area policy with regard to land use development in this area. "Additional residential development will not be zoned within two thousand, five hundred feet of the waste water treatment plant. Residential development will be restricted between two thousand, five hundred feet and four thousand feet from the waste water plant. The area within two thousand, five hundred feet will be utilized for industrial purposes, preferably industries that could utilize the effluent from the plant as cooling water or other processes requiring low quality water." The entire site is within four thousand feet of the waste water treatment plant. So the staff feels that light industrial zoning is consistent with the policy. The other point that -zaff would like to make with regards to the Denton Development Plan policies is that while this area is in a low intensity area and uniquely identified for light industrial uses based on our intensity calculations. Light industrial. users generate one hundred and five trips per acre, low intensity area residential users generate sixty trips per acre. It is likely therefore that over time if light industrial uses are developed in this area that the low intensity area will be over capacity, that is because the uses identified for the area generate more trips. I would like to point out that the landfill numbers when we figured those numbers, our current landfill numbers are eight trips per acre per day. From an intensity standpoint we do not see a problem k with that. Staff does find that the light industrial zoning is consistent with the City's development plan for that area. Staff recommends approval and this zoning has nctning to with the landfill. We will not be able to do a landfill when this site is zoned light industrial even thovah that is our ultimate objective. Mr. Cochran: I realize that you have to say that from a strict technician's point of view but I am sure that it is really irritating for the people in the audience to hear that this has nothing to do with a landfill. We know that the ultimate goal is for a landfill. I think we should be a little more straight forward in this thing and that it is a e bureaucratic convention that we look at one narrow issue right now. It would make me feel more comfortable as a Commissioner ® up here if we would explain why we are using terms like this. • • Mr. Per.saud: What I am telling you is that the city can't put a landfill in a LI zoning and that is l,egF.ily correct. Mr. Robbins: With respect to both Mr. Cochran's point and the i A-8 • 0 • ca • P & Z Minutes Januzry 25, 1995 ~1 "fLl Page 23 i point that Mr. Persaud is making, the Executive Director would like to make a point. I need to take exception with the comments that Mr. Persaud has made and I am sorry but I need to do this. The table of permitted uses in our zoning ordinance allows a landfill in a light industrial area if it has a specific use permit associated with it. The staff, particularly the utility department, felt that it would be most appropriate to choose the light industrial zoning district with a SUP to enable the design to be reviewed in some detail. The staff could have proposed a heavy industrial zoning district for which there would be no site plan, no review of anything, no issue with which folks could deal with. They literally chose the more difficult And the more costly and frankly a more sensitive approach to the type of zoning we would request. What the staff has done is to select a district that enables a more sensitive design to be reviewed by the Planning Department, the Zoning Commission and the community at large. So I think the type of district that you do see is directly related to the zoning. Mr. Cochran: I appreciate that explanation and what I hear you saying is that there is an opportunity for more citizens to see the plan by going through this method. Dr. Huey: Is this property not zoned? Mr. Persaud: No, this land is outside of the city limits so it is not zoned. Land outside the city limits does not carry any zoning. j Ms. Russell: We have just approved the recommendation to annex this? Mr. Persaud: Yes, and we will take that recommendation to City Council and we are going to take your recommendations on • the other two items to City Council also. k Ms. Russe'l: Are there any other questions? Is there anyone that would like to speak in favor of the petition pertaining to the light- industrial zoning? Mr. Donnelly: My question is how can you approve zoning for 0 land that is not in the city? • • Ms. Russell: Sir the recommendation that we made to the City Council is what we just passed and we are going to recommend to the City Council that the property be annexed. A-9 • O 1,.1 • 0 monkNo- ,q_ 1J _c l._ . Ct J P& Z Minutes Pat 1 t r, 'i January 25, 1995 '^I Page 24 Mr. Donnelly: Shouldn't you wait for the zoning change until it is annexed? Mr. Robbins: It will be done simultaneously and in this order. it is proposed that you would first annex the property and then the next ordinance would be the zoning and then another consideration would be the specific use permit. Typically those are all done at the same meeting but they are done in that order so that it is annexed and then it can be zoned. Mr. Donnelly; I would like to say that I would be in favor of the light industrial zoning as long as there is no specific uer permit for a landfill. Ms. Russell: Is there anyone else to speak in favor of the petition? Mr. Watkins: Madam Chairman I am here again to go into some detail whenever you desire. Ms. Russell: Do you have any comments regarding light industrial? Mr. Watkins: As Mr, Robbins mentioned, the staff had two options and we could have asked for a heavy industrial zoning where there is very little in the way of development standards. Or we could ask for light industrial zoning with a specific use permit for a landfill, There are standards that are outlined in the zoning Ordinance and one of those has been discussed tonight which is bufferyards. We thought about that and we felt like the image that we would like to portray and ultimately what we will be if this landfill is developed is basically a good neighbor. We wanted to at least try as best we could to say that we want to be a good neighbor. We want to have a buf€eryard there, we want to be sensitive to both the people who live near this area and to the future land uses that will occur in this area. We have spent additional funds in order to accomplish that task and would urge you to approve light industrial zoning. Ms. Russell: Are there any questions of Mr. Watkins in regard to the light industrial zoning? Is there anyone else to speak 0 in favor of the petition? Is there anyone to speak in opposition of the petition as it relates co light industrial zoning? Mr. Willis: I am speaking in opposition again to this. I am A-10 • • ;'JondvaNo~ n~,u,wlio~ P & Z Minutes January 25, 1995 Page 25 t 3ct L4 against a ninety-five foot mountain of garbage. I am not insulting your integrity, I think you have what is best fo° Denton in mind, but I don't think that you have a clear picture of what they want to do. Mr. Cochran: When we get to the next section then we will discuss this in some detail. Phis is an issue that I am quite up on. Me. Russell: Is there anyone else th,it would like to speak in opposition to the petition? Would you like to make any rebuttal remarks? The public hearing is now closed. Are there any final remarks Mr. Persaud? Any discussion? Dr. Huey: My understanding is that the City of Denton now owns the 199.5 acres of land. Mr. Persaud: That is not quite correct. There are ten acres that we do not own that we are currently negotiating the purchase of. Dr. Huey: The area that we have just finished recommending for annexation does include more area than the landfill? Mr. Persaud: No the site that you just recommended for annexation is the same site that we are asking for zoning. Dr. Huey: And it is owned by the three people listed here in this backup? It is owned by the city, Roger Sullivan, and Abner Inc,? Mr. Persaud: Correct. Ms. Russell: Mr. Persaud our backup states that the city owns fifty-five acres and has an agreement to purchase the other, which makes me think that we don't have S.t yet? E • Mr, Persaud: We don't have it yet, there is an agreement to purchase. Mr. Watkins: With respect to the whole thirty-five acre Sullivan tract it is an option to purchase, it is a contract, Fach party is obligated to fill their responsibilities in regard to that contract. We are negotiating with the owners 0 of the tower property. • • Ms. Russell: Thank you. Commissioners what is your pleasure? Mr. Cochran: Madam Chairman I would move that we approve the A-11 j • • r 1\100.0 NO C) P& Z Minutes f q of l LA January 25, 1995 Page 26 zoning request for light industrial for a tract of 199.5 acres located north of north of Edwards Road and east of Macill Road. Ms. Schertz: I'll second. Ms. Russell: Any further discussion? All in favor of the motion plea,ie raise your right hand. All apposed same sign. L.-Approved. (5-0) Mr. Cooper was not: present. Adjourn for ten minutes at 7:39 p.m. Meeting reconvened at 7;50 p.m. C. Hold a public hearing and consider making a recom- mendation to the City Council with regard to a request by the City of Denton for a Specific Use Permit- (SUP) to operate a landfill on a tract of 199.1; acres located north of Edwards Road and East of Mayh:.ll Road. (S-204) Mr. Persaud: Madam Chairman and members of the Commission this is the petition by the City of Denton for a specific use permit for establishing a landfill on the site that we have brought before you for annexation and LT zoning. The specific use permit is for the purpose of establishing a landfill on the site. The site plan sets out the details of the landfill and I would like to go over some of those details with you. I would like to point out that the design and operational standards of this facility are all prescribed in the state Regulations, and they include the protection of ground water resources, methane gas detection, waste screening standards, closure and post closure requirements. These are all monitored by the State. The landfill is expected to provide capacity for the city solid waste disposal for the foreseeable future, it is a phased operation. Development will start on • one end of the site and will then be phased along Mayhill Road and then back in this area over the next thirty-five years. With regards to the phasing I want to go over some of the details of the site p?.an with you so you can see how the City has proposed to mitigate any impact on adjacent land owners, On Edwards Road we are providing for a one hundred and fifteen foot wide bufferyard with seven canopy trees and thirteen • under story trees per hundred linear feet of bufferyard, on • • Mayhill Road we are providing bufferyard of one hundred and fifteen feet with the same number of trees per one hundred linear feet of bufferyard. Here are some other requirements that I would like to go over for the records, Number one when the landfill operations are within three hundred feet of A-12 • Q 0 lbondaNo C L' A+~c~,~nl4ott at 1-4 PLANNING AND ZONING COMMIS lO REPORL 1 SG TO: Mayor and members of the City Council Case No. 8-204 Meeting Date:March 21, 1995 GENERAL INFORMATION: APPLICANT: City of Denton d01A Texas Street Denton, Tx, 76205 CURFENT OWNERS: City of Denton, 901A Texas Street, Denton, Tx. 76205 j Roger Sullivan, 305 North St. Paul Street, Ste.20550, Dallas 75201. E Abner Inc,, 1200 Commerce Street, Ste. 110, Plano 75093. REQUESTED ACTION: Grant a Specific Use Pu nit (SUP) for a landfill on 199,5 acres located in the Gideon Walker Survey Abstract A-1330, north of Edwards Road and east of Mayhlll Road, LOCATION AND SIZE: 199.5 acres located north of Edwards Road and east of Mayhill Road, In the Gideon Walker Survey Abstract A-1330. i LAND USE AND ZONING: North - Agriculture (A), Light Industrial (Li), S-173 for the existing Wastewater Treatment Plant, South - Pecan Creek Mobile Home Park, PD-99 for Singlo Family SF-7, Zero Lot line 5,000 sq ft lot size and Multifamily i e East - ETJ; existing landfill West - Agriculture (A); PD-116 for light industrial uses. g-1 • AQerdoNo . ! s1 L.1-Q a~~, ar;la DENTON DEVELOPMENT PLAN: 16~ 14 ~ 1. Low Intensity Area #59: 2. Specific Area Policy "Development Near the Pecan Creek Wastewater Treatment Plant" SPECIAL INFORMATION: Transportation: Access to the landfill will be provided through Foster Road, The Site Plan shows 40 feet R,O.W from center line on Mayhill Road and 30 feet R.O.W. from center lina on Edwards Road in accordance with the City's Long Range Thoroughfare Plan. t I Utilities: There is an existing 8" water line along Foster Road, Existing 21" and 24" wastewater lines traverse the site from southwest to northeast. Drainage: A drainage plan for the landfill is Included in attachment # 5 pages 1 and 2. BACKGROUND: The City's Solid Waste Master Plan Committee strongly recommended that the City proceed to acquire a site for its long term landfill expansion. In 1993 the City entered into an agreement with Roger C. Sullivan to purchase a 135 acre tract located east of Mayhlll Road north of Edwards Road. So far the City has purchased another 55 acres located east of Mayhlll Road and south of Foster Road. City staff Is currently negotiating further acquisition with the owners of an existing communications antenna located on the site. • The site is to be annexed and zoned Light Indus'rial "LI" zoning district classification and request made for a Specific Use Permit (SUP) to operate a j landfill. I NOTIFICATION: • Seventeen notices were malled to property owners within 200 feet of the site. • • { Seven responded: one In favor, one undecided and five opposed. r B-2 • O • c3 • Ap3rrdaNo ~ A(jCEI{IGIIO ~ " c ANALYSIS: Vatu-15,,,- . +a..«~ 1 '7ql L4 L4 The City is In the process of completing acquisition of the site and proposes to operate a Type I Municipal Solid Waste Facility which Is a standard landfill for the disposal of municipal solid waste. The design and operational standards of this facility are prescribed in the state regulations and include the protection of ground water resources methane gas detection, waste screening standards, closure and post- closure requirements. A detailed description of the operational processes are included in attachment #2. The landfill Is expected to provide the City with adequate solid waste disposal capacity for the foreseeable future. The Site Plan Included in attachment #3 provides for adequate screening of the landfill from adjacent properties. The bufferyards and other requirements Included on the Site Plan are listed as follows: 1. Bufferyard along Edwards Road: -100 feet wide with 7 canopy and 13 understory trees per 100 linear feet. A detailed description of this bufferyard is shown on page 2 of the site plan. 2. Bufferyard along Mayhill Road: -115 feet wide with 7 canopy and 13 understory trees per 100 linear feet. A detailed description of this bufferyard is shown on page 2 of the site plan, 3. Bufferyard requirements: (1) When landfill operations are within 300 feet of Edwards Road the applicable bufferyard will be Installed. (ii) At least 50% of all required vegetation will be evergreen. (ill) The bufferyard along Mayhill Road shall be installed progressively as landfill operations take place along Mayhill • frontage. (iv) All bufferyards shall be adequately irrigated. (v) Trees will not be planted in drainage areas. • (vi) Before Installa;Ion plant locations shall be approved by a • • licensed Landscape Architect, 4. Maximum height: B-3 i • AgendaNo S "~L4-:. Ape Maximum height of the landfill shall not exceed 95 feet above the elevation at Mayhill Road. a L4 y RECOMMENDATION; Planning and Zoning Commission recommends approval. (5 - 0) ATTACHMENTS, 1. Location map 2. Process Description for Type i Municipal Solid Waste Facility 3. SUP Site Plan 4. Legal description of landfill site 5. Drainage Plan. d. P & Z Minutes 7. Ordinance • B-4 r -,i r is , •A ~,Y i..,..,.ML.,~ . rrWrrWrr~ y{y ATTACHMENT 1 ~81d~N0 L Ap"va~'uiCOn1 15-204. ~ - f ♦4 { 1 I I ; r I i tAXOtI00 MOP Suit: None 9-5 i t any S fi rh+ N~4~~.. • • ~o~daNo . ,10 ATTACHMENT 2 2a~4y spsaxrxo VON PnXZT 8.204 PROCESS DESCRIPTION A Type I municipal solid waste facility is the standard landfill for the disposal of municipal solid waste. All solid waste deposited in a Type I facility roust be compacted and covered at least daily. The design and operational standards are prescribed in the Texas Municipal Solid waste Management Regulations along with goundwater protection requirements, methane gas detection and management standards, waste screening standards, financial assurance requirements, closure and post closure requirements. Typically, after excavation of a trench, a composite liner is installed. The composite liner consists of the upper component of a flexible membrane liner and the lower component of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10'~ cm/aeC. A le%ichate collection system is installed for the collection and removal of leachate. After appropriate documentation of construc. tion of thesis -systems has been submitted and approved by the Texas Na 6ral Resources Conservation Commission, solid waste may be placed upon the liner system. Approximately 155 acres of land will ultimately be utilized for landfilling purposes. The expanded landfill will provide adequate disposal capacity for the foreseeable future. H-6 ...`+"-.r°`-....... ...n..r.re~_...tW~PaL rr f-a•N Y,•.~ _ i 1jj • • • f SITE PLAN FOR PROPOSED LANDFILL N S•204 J ; . . - { r 1t.n ~u en~n ~ I AS TE MENENT T U REAT , eR PLANT 6 11 ` FOSTER ROAD I I r•~ j \ ~l 71J f ! ' %1 1 L EX( .~1'• I I "uTJ'! 1 1II W-Bt1FF [R YNIO .~j ~I M FLET WOE f 7 C»gPY NO 13 UND(RSTOPY 7 i` TREES PER 700 FC[r ' =1lS f00T BUFF 111 r / ` - JJ/ IorEEFWIDE ~ W.__ 7 CNIDPY s U IROERs101FY W IRCcos RER oo rtct m y EIIF'RA I LA1_BIYr(RYARO RtQWMFJ&= r n' j WITHIN 300 /((AREA I III WWHITM FERYNIO`2 FEET W OF BE NS1ALLID. I'A y l~ ALL REOWIEO N (11) AT LEAST TDN SOY. SHALL OP OF BEEEVEROR[ROM w ) f 11I I ~yF ESSSO ELY AS LNIOFLTORERAIUNS &[I .•.I.. 1 / TA.: LAC( ALONG MAYIRL ROAD MN1ACE. i • f`.~i OPE~N'ACE/BUFFER 1 / /f fr I IVI N~L'BUFfOCRYAROS SHALL BE ADtoVA1CLY \ 100 FOO)>61FrER 12) y IV) TREES W&L NOT BE PLANTCD Rt DRAIIACE AREAS. 4 R W . R W ❑ 1!- , ' 1VI1 BEFORE INSIALLAIDN. PLANT LOCAL" POSSIBLE 51 OF ~l SHALL BE MPROYED BY A LICENSCO 111 L-- N i~L JJJ QQQ COMMLWA LANDSCAPE ARCHTECT. ? - TOWER {I) NAYYIY ftIDN7~ i b 1 ° o },y \ - ` - \ IAA71wu VI OF LNIOr LVI bkEEO • Y = I1,'". //f FE(r ABOVt FIK u-ROAI El[vAt "R& CITY OF DENTOlFL ~►fW~yw, i 1 1. TYPICAL LANDSCAPE BUFFERS ALONG EDWARDS AND MAYHILL ROADS LANDFILL ® (115' ALONG MAYHILL RD,, A 0 0 WIDTH 100' ALONG EDWARDS RD.) I 006 00®~~ MW I _ N W J TYPICAL 100' LENGTH Entire cono tree igntln8 (minimum 2' cnll g PY P per, each) to consist of 20G sweet um (Liquidamber styracif(ua), 20% Red Cedar (Juniperus Virginiana), 20% Afghan Pine (Pinus eldarica), 10% Burr Oak (Quercus mocrocarpo), 107 Lacebork Elm (ul.ius parvifolia), 10% Pecan (Cnrya I111noisensis), and 10Y River Birch (Betulo nigra). Entire understory tree planting (minimum 1 112' minimum caliper, each) to consist of ® 257, Arbor Vitae (Thugs occidentalis), 25% East Polatka Holly Qlex east palatko% i r 157 Mexican/Oklahoma Redbud (Cercls Conadensis var. Mexicano or 'ilklohono'b 15% Mexican Plum (Prunus Mexlcana), 10% Stevens Holly (Ilex Neill R. Stephens), z and 10Y, Possumhow Holly (flex decidua). Grass or ground cover to be planted hl i entire area of both bufferyards. J • Q • SCI;( ADO ATTACHMENT 4 ALL that certain lot, tract, or parcel of 'l41A ~inq situated in the County of Denton, State of Texas, being part of Chet P q Gideon Walker Survey A-1330 and more particularly described as follows; BEGINNING at a point in the existing city limits said point lying in the south line of a tract described in Ordinance 81-94 said point also lying at the northwest corner of the tract described in Ordinance 83-18 and in the center of an east/west road (known as Poster Road); THENCE west along the center of said east/west road and the south line of said City limits (Ordinance 81-94) a distance of 1815.66 feet to an interior corner of Ordinance 61-94, and the west boundary line of the Gideon Walker Survey A-13301 THENCE south with the west boundary line of said Walker Survey and the meet line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a point in the center of a county road and also the northwest corner of Ordinance 86-14: THENCE south 20 west with the east line of Ordinance 86-14 a distance of 1727.92 feet to the northwest corner of Ordinance 83- THENCE south 88. 291 east with the north line of Ordinance 83-16 a distance of 1489.1 feet to the northwest corner of Ordinance 86-15; THENCE south 860 531 east with the north line of Ordinance 86-15 a distance of 1412.5 feet to the northwest corner of Ordinance 86- 218; I THENCE south 864 591 59" east with the north line of Ordinance 86- 218 a distance of 627.98 feet to the northeast corner of Ordinance 86-218 and in the west line of Ordinance 84-17, Third tract; THENCE north 1260 feet to the northwest corner of Ordinance 84-17, j Third Tract and the southerly southwest corner of Ordinance U-181 THENCE north 14 411 08" east a distance of 541.96 feet with the • most easterly west line of Ordinance 83-18; THENCE north 870 371 54" west with the northerly south line of Ordinance 83-18 a distance of 831.02 feet to a point for corner; THENCE north 880 151 45" west with the northerly south line of Ordinance 83-18 a distance of 792.29 feet to the most northerly • p southwest corner of Ordinance 83-181 1 THENCE north 10 091 20" east with the west line of Ordinance 83-18 a distance of 1308.77 feet to the Point of Beginning and containing 199.5 acres of lard. B-9 • a • • • ra,rr '-t) ~ I :1• ~ J/ r ~ r/ \ S 1 I' I 1 I~` ° / • °uYi' 9 rs4 P I M,rwr f'>u "4 .1 O N{. NI III I{{ Wn 14 i `[II _ ~ II C u .I~I ~ ~ II ♦ ~ tiIS 'I 10 I uu wn~w.. orlr.oif i ~~I Ir+ i e .a CY) 1 12 s v f Y...w ww I., ~ II P1 1 1 I I ~ I tww wltlw.l 1 er. 1 U. l ' ~ ~ 1.- r,wuw wr ~ ~ 414 li 2i IFyl Vl r. JO ~ f ~f 1 y '!J ~ 'a ~r A ~ ~ 5 \ ! ~ I ~ I ollwnl w ew °J u, ~i II , f 27 " rtow anew I, vas rn w. . 19 ~Y'l • ~ .wrY run W~ ~ / , Rl ~y 1iY0001gONi° 7 J ft~w r ` i' .a j' ti'P.. 1 ✓ -.fU--Irw q°.II qJO° 10W" f I $ ~ ~ -f46 , it ,R.rY wJll fp MMNlH MFI 2t / tro wlwe wwr le me 1 J 11~. , ~ T- pI[Y^MIOT MOONM bI'It in 1 . l . ~ . 11J I r~w t V I u ~ ' I 71.r Pry If ~y,~a~K~ ~1 .:rnV J... I I ♦ ~ CITY OF OfN~ON ~ ~ I' L 1, - ash 2~~ vxra a+rw r i b, 199 O M INnr.., 'I hh I S ~ - s o • a • • ♦y-_. ~-j'~ _-6~~ 57 !V4 ;i~ ~G y6 f ` 'G7i~ Y 51SP~Y Y I r 3~ IF 9, ',ISr` T T NNW i lI 1 , ? y n I ..n.u,r Yi w N w 0 M N In • 1 r I vj~. ! • TH PO ! Imo, T ~T) I CIfY Of OCNION L SDUTH Po nl` I 1q I o' :k • ~f mmillow s c~ e P & 7 Minutes ATTACfiMENT 6 January 25, 1995 Page 26 zoning request for light industrial for a tract of 199.5 acres located north of north of Edwards Road and east of Mayhill Road. Me. Schertz: I'll second. Ms. Russell; Any further discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved. (5-0) Mr. Cooper was not present. Adjourn for ten minut-r, at 7:39 p.m. Meeting reconvened at 7:50 p.m. F7. Hold a public hearing and ccr.sider making a recom- mendation to the City Council with regard to a request by the City of Denton for a Specific Use Permit (SUP) to operate a landfill on a tract of 199.5 acres located north of Edwards Road and East of Mayhill Road. (S-204) Mr. Persaud: Madam Chairman and members of the Commission this is the petition by the City of Denton for a specific use permit for establishing a landfill on the site that we have brought before you for annexation and LI zoning. The specific use permit is for the purpose of establishing a landfill on the site. The site plan sets out the details of the landfill and I would like to go over some of those details with you. I would like to point out that the design and operational standards of this facility are all prescribed in the State Regulations, and they include the protection of ground water resources, methane gas detection, waste screening standards, closure and post closure requirements. These are all monitored by the State. The landfill is expected to provide capacity for the city solid waste disposal for the foreseeable future, it is a phased operation, Development will start on one end of the site and will then be phased along Mayhill Road . and then back in this area over the next thirty-five years. With regards to the phasing I want to go over some of the details of the site plan with you so you can see how the City has proposed to mitigate any impact on adjacent land owners. on Edwards Road we are providing for a one hundred and fifteen foot wide bufferyard with seven canopy trees and thirteen under story trees per hundred linear feet of bufferyard, on Mayhill Road we are providing bufferyard of one hundred and ' ® fifteen feet with the same number o[ trees per one hundred • • linear feet of bufferyard. Here are some other requirements that I would like to go over for the records. Number one when the landfill operations are within three hundred feet of ? B-12 • 0 _ • m • dik P & Z Minutes f! J January 25, 1999 2 7qe L4 t4 Page 27 Edwards Road the applicable bufferyard for Edwards Road will f be put in place. At least fifty percent of all vegetation will be evergreen, meaning that you will have some screening even in the winter. The bufferyards along Mayhill Road will be installed progressively as the landfill operations take place along Mayhill frontage, Mayhill Road has sixty feet of right-of-way, so that sixty feet plus one hundred and fifteen feet plus the setback on the other side of the road , you are talking about at least two hundred feet from the property line of the landfill to the nearest property on the other side of the read. The next condition is that all bufferyards shall be adequately irrigated. Trees will riot be planted in drainage ways and location of trees has to be approved by a licensed landscape architect to insure proper spacing and location of trees so that we achieve the best screening possible. There is a condition on here that says the maximum height of the landfill shall not exceed ninety-five feet above the Mayhill Road elevation. That condition has been put in there because I believe the design requirement now for the landfill recommended ninety-three feet somewhere in the center of it here. The highest point will be about ninety-three feet. The communication antenna is right there and all of this area will be kept as an open space bufferyard except that the City is currently negotiating to move that antenna in an area out here. The staff feels that from a land use development standpoint and considering the policies in the Denton Development Plan this is something that we wanted to recommend. When the Land Use Zoning Con.mittee made some recommendations for the MXD and in that there were some recommendations in reference to landfill and bufferyards. The bufferyards provided in the proposed SUP, in the case of the Mayhill Road bufferyard, it could have been thirty feet wide and we are providing one hundred and fifteen feet for the bufferyard. On Edwards Roads the bufferyard could have been fifty feet wide and we are providing one hundred feet. • Mr. Cochran: We have been told where the base of the landfill is going to start approximately a hundred and fifteen feet back from the road and the maximum height is going to be ninety-five feet. Do you have some sort of elevation of that for projection of what it is going to look like? What are you going to see from the street? Are you going to see a wall of , dirt: going up and then squaring off at the top? • • 0 Dr. Huey: Could you explain the map on page 32? Is that the same question? Mr. Cochran: Yes it pretty much is, but I wondered if they 1 s B-13 • o • a • r - P & Minutes ` January 25, 1995 I S~ `'1 L'1 Page 28 had it from the side? Another question while you are looking for that, it has been suggested by a neighbor and we realize there are going to be bufferyards put out there but why are we waiting to put in the bufferyard at a later date? Why can't we just start putting them in earlier? Is there a technical reason or is it financial? Mr. Watkins: Quite honestly it is financial. Basically what we were talking about in terms of the landscaping here is a cost cf ninety thousand dollars. It would minimize the impact on the buuget if we were able to phase that in. It is simply a financial matter. Mr. Cochran: Ninety thousand dollars is for the complete bufferyard? Mr. Watkins: That is basically the cost of the plants. I Mr. Cochran: It could be that they will cost more in five f years so there might be some economy achieved if we went ahead with that. And also maybe some of the plants grow slower than others, you might want to anticipate that. What is the total acreage? Mr. Watkins; The area that would receive waste is roughly one hundred and fifty acres. Mr. Cochran: What would the ir,pact have been if we had increased the bufferyards or lowered the height? Mr. Watkins: The landfill design consultants were called in and made a presentation to our. Public Utility Board because we were wanting to know why the phasing was proposed as it was. one of the consultants did tell us that if we set back five hundred feet off Mayhill Road it would cost us thirteon years in terms of the overall landfill capacity, That is substan- tial. Mr. Cochran: That is five hundred feet, but there are points between one hundred and five hundred. What kind of logs would you have if you just went back a little bit, say fifty feet and raise it up? e Mr. Watkins: I am at a loss to tell you what that would be. • • Here is what I know, probably somewhere in the neighborhood of ten to fifteen thousand dollars in additional fees from the consulting engineering firm just to redo all. of their drawings. Underneath the landfill there is a system for s-14 W • A 15 !r~ h'" i lcll~„ P Z Minutes ,January 25, 1995 -7 Gb uL.~ Page 29 collection of leachate which involves laying pipe basically on two hiindred foot centers. You have to have a way to capture that leachate and treat it there. You may get into some issues that are involved in that when you begin to change the shape of the landfill. Mr. Cochran: Have you gone back as far as you can? Mr. Watkins: We have gone back as far as we can without incurring additional expense. Mr. Cochran: Is there a technical or geological reason for not extending it back any farther either east or west? Mr. Watkins: It is not a technical issue. I think one of the fundamental desires was to have adequate capacity that would at least get us into the foreseeable future. This landfill is only going to last us for a short period of time. We would like to provide for the city into the foreseeable future. We are hoping that it will be in the neighborhood of thirty-five years, but whenever you tag a year on there you are making a lot of assumptions. Mr. Cochran: Would it have been geologically or technically possible to push it back some? Mr.. Cosgrove: There are several constraints to the east. 'T'here is a flood plain through that area. There are two major sewer lines that go through that flood plain. It would be a major cost to try to reroute that drainage or to reroute those sewer lines. Ms. Schertz: Does Texas Waste Management dump into our landfill? I • Mr. Watkins: They .)-,:e a customer at our landfill. Texas Wast Management, Waste Management of Ft. Worth, and Arnet Waste Management all use our landfill. Those are our three principle private haulers that dump into our landfill. The trucks are servicing outlying areas like Decatur or Pilot Point. The price that we are charging makes it more economical to come into our landfill rather than drive an • additional twenty miles down to the D/FW landfill. We have • • gone to the City Council and what is being recommended is that we go to a fifteen dollar per cubic yard charge for waste generated outside the city of Denton. The purpose of this is to send the private haulers and others to other landfills because if we don't this landfill is not going to last until A-15 w • B16 C ---3 P &L Minutes 30 t4 14 January 25, 1995 Page 30 the middle of 1997. Ms. Schertz: I have visited the landfill through some Leadership Denton training that I have had. Could you verbally compare what the new landfill will look like compared to the existing landfill.? Would you describe what we have now as a four story mountain or what? Mr. Watkins: What we have now is getting close to a four story hill. As you approach the landfill it looks like a hill. It is covered in soil and there is grass growing there. The only thing that stands out is that it is symmetrical. so you know that it is man-made. The existing landfill that we have at the time it was built was state of the art. It was opened in March of 1985. We have methane monitoring which takes place at the existing site. Before any solid waste is put in that site we have to build a liner. The liner that we build basically consists of three feet of compacted clay that has to he compacted to a hydraulic conductivity of 1X10 to the minus Seven centimeters per second which is a state standard. This refers to the speed with which liquid will penetrate a substance. The new landfill instead of three feet of clay and then getting your liner , the new standard is that you have two feet of clay which is the bottom segment which is compacted to the same standard. On top of that you place a flexible membrane liner and if you use HDPE, that type of plastic, it has to be at least sixty mills thick. Then there is a geotextile cushion going on top of that. Gravel is then placed which is basically a drainage layer and inside of that gravel is a pipe which is the leachate collection pipe. Leachate is any liquid in a lanafill. Primarily it originates from rainwater which falls on the working face. That liquid comes into contact with whate-:r is in the waste. It ultimately goes to the bottom of the landfill. The pipe is designed to collect this. After it is collected it is pumped either into a sump, a storage area, or actually you can use a vacuum truck to obtain the leachate. Then the leachate is treated at the waste water treatment plant. This way the possibility of ground water contamination '.s minimized. With regard to operations once the area is prepared for solid waste in this manner and we have to submit all kinds of engineering documentation to TNRCC for them to approve prior to placement ® of solid waste. If they say that all of the standards have been met and we can place solid waste on this surface what will be different- in this landfill is that berms approximately fifteen foot in height will be constructed to screen the work face and the truck traffic froCU Mayhill Road and Edwards Road. It will also serve as a noise barrier. 5-16 i, • v.+ • ~.~rdPlu r P & mutes _ ..t1: ~C+~.✓ + January 25, 1995 3! U L1 Page 31 Ms, Schertz: Were there other options explored for the landfill location? Why did we lean in this direction, was it economics? Mr. Watkins: I don't think that it was simply economics. It was probably based more on past history, I joined the Solid Waste Department in 1985, the same year that the existing landfill was opened. In the course of my employment there I j reviewed past documents to see how it came to be. There was j a committee formed in t-he late 19701s and the dilemma was that I that the Mosleyville Mosley Road landfill which is located in the town of Crossroads was getting full and the city needed another landfill. This committee explored sites in and around Denten and did tests on some of those sites that were determined to u worth looking at. None of those potential facilities where ever developed because they would hold a public hearinr and give notice to people who lived in the area that they were considering a landfill in that area and after receiving the public opposition the committee chose not to proceed. Over a seven year period this committee dissolved and they never did find a landfill site where you could feasibly do a landfill and not meet citizen opposition. This particular piece of land happened to be acquired in conjunc- tion with the waste water treatment plant. The City began looking at that piece of lard that they had acquired through some other means and that is ,vhere the landfill. was developed, Given that, the treatment plant and the existing landfill are ! already located together it was felt that because those uses t already exist that this would he reasonable to expand thin facility rather than go through a lEngthy process and perhaps find nothing that everyone could agree on. Mr. Drake: Is there an issue with the leachate and the fact that it is treated at waste water treatment plant? Mr. Watkins: From an effi:iency standpoint it is really • excellent to be located there because the laboratory is located there and they de a lot of our testing and we are able to take advantage of the personnel and facilities. It is terrific to have a waste water treatment plant right next door to you. We have a problem when it rains at the landfill because the water can get deep in a hole in the ground and we are in the enviable position of being able to pump the water into a manhole that is on one of the interceptor lines behind • a } the site and it goes to the treatment- plant and is treated. f! So that is an economic advantage because it is something that would cost you quite a bit to contract for transportation. B-17 i I ~ • P & 2 Minutes January 25, 1995 Page 32 Dr. Huey: Can that water be treated to notability? Mr. Watkins: The leachate, I don't believe that the regulators would allow that if you could. Mr. Cnagrove: In a way it is because we take it to the waste water plant, the waste water plant's discharge goes to Lake Lewisville which is of course our source for drinking water. So eventually yes it does recycle around, but to try to take that leachate that comes from the landfill and take it directly to the water plant and try to treat that . . . we never try to do that. Ms, Flerim'ng: What is the life of our present landfill? Mr. Watkins: Last night as we were talking to the City Council we were saying to them that we thought that by raising the rate for waste generated outside of the city that would translate into losing about twenty-five thousand tons of waste per year. We felt that would be adequate to get us to the middle of 1997. I don't want to commit because there are several factors that contribute to the waste stream. We are highly affected by development in the community, all kinds of activities that generate waste and it is hard to predict. In 1993 we thought that our waste stream would increase by five percent anti in fact it increased by twenty-two percent. It is not just driven by population, it is ariven by a number of other factors. Me. Flemming: Do we not rely on the landfill in Lewisville? Mr, Watkins: No we do not. We rely exclusively on the City of Denton landfill. The concern is that if we did not have a landfill we would have to transport; all of our waste at least nineteen or twenty miles to the D/FW landfill or some other nearby landfill. That would have a major rate impact because • of the transportation of the waste and t'ie time involved and then of course paying their tipping fee on top of that. Ms. Russell: What am I going to be looking at? I am on Mayhill Road and I am looking at that hundred feet of buffery- ar.d and we are going to have trees in that hundred :set, Then I am going to be looking at fifteen foot berm beyond that ' bufferyard and will it have trees on it or just grass? What • • is that going to look like? Mr. Watkins: ,1t- this time the proposal is simply that the berm would have gross on it. Just to elaborate a little, we come up to surface level and we build that berm. We go up and 8-16 • rra • 1 ~!Iy 111 P & Z Minutes January 25, 1995 3 3 y Page 33 out and we come back and as we go to the next lift an additional fifteen foot berm is constructed and so on. So it rises gradually and moves toward the center. Ms. Russell: I am not going to be looking at a straight mountain, it will be gradual? Mr, Watkins: The berm is going to be made of soil. You are I not going to be looking at a pile of garbage. Ms. Russell: So you start putting the trash behind the berm? Mr. Watkins: The berm is going to be in place to screen the view before we begin to put- the trash in there at surface level, or higher. Ms. Russell: Now 1. am past the berm and now we start the trash. Are we talking about ninety-five or ninety-three feet from ground level or if; that after we have dug down into that side view? Mr. Watkins: I asked the consultant how high it would be at the highest point from the general existing surface elevation of Mayhill Road? The answer was ninety-three feet. I think that we put ninety-five in the conditions but it is at that one point. There are standards that we have to meet in terms of the percentage of slope. Usually it is a four to one slope and you need that kind of slope in order to maintain the vegetation and to prevent erosion problems. Ms. Russell: Can you discuss, according to the regulations that you will be under, noise, blowing trash, and the visual site and odor. Mr, Watkins: We are required to pick up any trash that has blown off site. If we receive a complaint or if someone calls TNRCC then TNRCC sends out an inspector. If the inspector finds that waste is being blown off site and we are not actively addressing it then they can fine us for that violation. We have had some problems with blowing trash in the past and we have been addressing this. We have had inspectors that have mentioned that to us before, over the last three yea-_3 we have gotten a general compliance letter ® except for once where we were written up because our supervisor oas to maintain a log of where every cell goes and the regulation say that he has to sign it every day and they noted that instead of signing it he had initialed it. We have to control the litter and the odors. The odor can really only B-19 d 0 • as • ~ ard<No AL l i';i' !iJii P & Z Minutes e'" J"2,~i2j-q~5 January 25, 3.995 ~u p~ G Page 39 be noticed when you get to the working face. The waste is covered daily and that prevents a problem. We seldom got any complaints about odor, Concerning noise, I hadn't thought about that. I know that the berms will help that issue I don't have any decibel meters or any scientific informat_on. We haven't had any complaints. Ms. Russell: The other question is visual. At any place along Edwards Road or Mayhill Road will I see trash? Mr. Watkins: No, that is not how I understand the design. We basically have to have a buffer to screen that. Mr. Cosgrove: Basically between the buffer that we are going to build and the vegetation and with the berm you should not see trash. The other thing concerning noise, our vehicles enter the landfill north of here. They come in off of Waste Water Treatment Plant Road. All of the vehicles that come here are supposed to come in off of Loop 288 and then turn on Spencer Road and then come in on the Waste Water Treatment Plant Road. We are trying to keep a lot of this traffic away from the people who live south of the landfill. Mr. Watkins: If anyone sees or hears one of our vehicles that is not collecting trash using Mayhill Roac, to enter the landfill, please get me a vehicle number. That is one thing that we are doing to try to handle that problem, :hat is part of our existing permit. It will be proposed to use the same route for the new facility, Ms. Russell: Who do ? address concerning the bufferyards? Is there anything that we can do about that communication tower? Is there anything that we can do to concerning the light and having it changed to a red .light? Mr. Persaud: Now that the area is under consideration for annexing we can look into alternatives for markin< those 0 towers. Mr. Watkins: As you know on the site plan for the SUP that is not the only piece of property that we are looking at for the tower. We are looking at other alternatives. Wo have looked at another piece of property that is north cf here as a possible alternative. That tower is four hundred and forty O feet high. It could be a half a mile from there, we are not locked into that site. It may also be five years before we move that tower. B-20 0 0 • cn • /I~rrrl^ c P &L Minutes h;•',;;___=~z~ January 25, 1995 JS'c_,~ 01/ Page 35 J Ms. Russell: Can you address the size of the trees that will be put in the buffer and their rate of growth? Mr. Yost: The trees were chosen for long life and mature height and density. They will go in depending on the variety any where from ten to twenty feet. The canopy trees that go in will be two inch caliper minimum. The under story tree will be a inch and a half minimum. Mr. Cochran: Do you have it worked out where these trees will go and the line of site from Mayhill Road? How close will the trees need to be to Mayhili Road in order to not see the landfill? Mr. Yost: I am not sure that you can completely block out the viow of the landfill with trees. The trees are going to be placed per design to match the denseness. You will see something behind the trees and as you get_ closer to the ground you will see the berm and above that will be the canopy of the trees. Mr. Cochran: When you are looking at the plans it is my understanding that there is a relationship between how fast they grow and how long they live. It might be interesting to work up a proposal that would account for putting some of the slower growing trees in >arlier than the other ones. Mr. Yost: it may be very valuable to do that. We deliber- ately stayed away from the faster growing trees because they would die in ten to twenty years and leave a gap which is what we did not want. For that reason we chose the larger but slower growing trees. Ms. Schert_z: If we had a freeze and lost thirty percent of the trees would the city go cut and replace them? • Mr. Yoe,t Yes it would be a requirement of the SUP and the City would be required to maintain those trees and to replant them if they died. Dr. Huey: Now are you going to build this? You start with a berm and yo,z fill in behind it. Does that filling in go all the way across? Flow do you progress here? Mr, Cosgrove: On this particular landfill here, because the elevation to the northern part is a lot higher than the elevation in the southern part. We actually have a split and the landfill is split into a norther and a southern half B-21 a 0 • ~a • - 5 P & 2 Minutes 3! _rt (4 January 25, 1995 C~ v b i Page .36 because of the leachate collection system. We will start at the northwest corner and fill that first. It is about five h,indred feet wide at that corner and we will work our way do%•n. And then we will work at the southern end and work our way down. We have to put in the leachate collection system as we go. After we do that we will start working our way east. Initially we will not build the landfill as high as it is going to go. It will be a progression. You will not see a huge wall on the west end. It grows gradually and grows inward gradually. Dr. Huey: Are the heavier lines showing the elevation? Mr. Cosgrove: Yes, and it wi11 go up gradually and the slope will gradually decrease as yoL get to the top. After we build the first berm we will fill behind that area, and then when we come back to that area we will build another berm and fill behind it until it is full.. Each time we do another lift we +f will build that berth first. Dr, Huey: The berms will be covered with grass? How much time do they have to establish themselves and settle in before you start filling in behind them? Mr, Cosgrove: I think it is a case where when we do it we compact to a point so that is part of the settling process. We are required to keep the grass growing on it otherwise we will have a problem with erosion. It is to our advantage to keep the grass growing. After this landfill is full we will still be responsible for maintaining it. We have a require- ment of a thirty year monitoring period at least after it is full. Dr. Huey: We have a map that shows the boundaries for a drainage basin. What is a drainage basin? • Mr. Cosgrove: There is an existing drainage basin there right now. You can see a creek that flows through that area and that is shown as the hundred year flood plain and that is existing. That is not going to change other than the fact that we will be taking drainage water off of the landfill and putting it directly into that basin. We will not be impacting on the town stream users. That is one of the things that we • will have to do and that is why we are acquiring some • • additional land. The line right here is the drainage divide, That is the high point. The arrows point the direction that the water will flow when it comes off that landfill. B-22 • O • • P & Z Minutes January 25, 1995 u Page 37 Ms. Ru sell: Any other questions? Mr. Cosgrove: one thing that I would like tell the people here is that we do not have a permit yet and we are in she process of submitting it to TNRCC. They will be having hearings concerning our application for a permit and you can participate in those hearings and provide your input. Ms. Russell: Is there anyone to speak in favor of the petition? Mr. Watkins: I would like to say to the audience and to Mr. Willis that you were not left out on purpose. Typically in an annexation there is not a mandatory notice that gets sent out. This is the third public meeting regarding the annexation of this property and I am very sorry that we did not reach you before now, Mr. Cochran: I might suggest that the neighbors submit their names and addresses to Mr, Watkins. Mr. Watkins: We are not trying to sneak anything In and I am very sorry that it has come across the way that it has. Over the last couple of years we have made no secret of where we were looking at in terms of property to pursue this issue. I am sorry that it has come across the way that it has. 1 Ms. Russell: It is good to see that the city has to make the same application as a citizen coming into the city. Mr. Watkins: One of the things that I was thinking that this thing is going to look like, if you go down to the waste water treatment plant and if you will look at the hill. A lot of that hill has grass growing on it: and some of it does not have grass growing on it because some of it can still receive waste and is not at its, maximum elevation. If you drive out • that road you will see the hill and that is what this hill is going to look like except that it is going to be on a different scale. Mr. Drake: I would also like to point out that I know for a fact from attending myself that this issue was discussed at length as various Public Utility Board meetings which were Q also open to the public. • • Mr. Watkins: We thought this was a very public process and we exclude no one. B-23 • 0 • oa • fi~~r~J^No-_J~ ~ ~•U P& Z Minutes I I i 1 January 25, 1995 ~5 `~'6 Pa-.e 38 Mr Cochran: That is way If they will give you their names and addresses then you could get in touch with them. I think it would be a nice gesture for the City. Mr. Watkins: That is something the' -ould be glad to do Mr. Cochran and I have taken notes on air names and addresses. I will obtain the minutes from the meeting. I will be committed to informing them as to anything that they really want to know concerning this process including when hearings are going to be. As soon as I know we can communicate that information to them. Mr. Robbins: There is no legal reason for us to zone the }property. We have decided as a policy matter at this point to go through that process to enable a review of this in the manner that we are goi.ng through now. We have chosen as a policy issue to do -xactly the same thing that we require the private sector to do. We do not have a legal requirement to do that it is a policy issue, Mr. Cochran: I appreciate this especially on issues like this, they need to be aired in public as much as possible. Dr. Huey: Mr. Persaud in the notices that were sent out, the hospital has been mentioned, were they notified? Mr. Persaud: They are not within the two hundred feet- limit so they didn't get a notification. Ms. Russell: Is there anyone that would like to speak in favor? Is there anyone that would like to speak in opposition to the -tition? 1 Mr, Wade Willis: I :n sorry that I lost my temper. I am sure that there were hearings but I didn't know al out the public • hearings. The way that I learned that the landfill was going to be expanded was that I went to the landfill to discuss some of my stuff. I was talking to one of the attendants and he told me that they were planning on moving to the north. I am i,-)t opposed to this landfill, .it is the bufferzone and the licight that I am opposed to. This berm that they are talking about i- a mountain of dirt coming up at an angle with a drop d down. You will be able to see the tops of these trucks and • • the garlbage coming out no matter how many lifts they put on this thing. This is not a beautification berm. The present landfill is not too high and the landfill sits back behind trees and the sewage treat:mant plant sits back there. 'Ihis site is covered with native oak trees and they are going to D-24 • c>~ • F t~nniln~lt~. 1lot. .-r.~ I. P & Z Minutes a ~q L' y January 25, 1995 Page 39 bulldoze that. What they are talking about is a ninety-five foot mountain that is going to be quite noticeable from I-35, It is not going to be this lush vegetation. The worst part of a landfill is the building of the landfill. Who cares once it is done if these are mature trees around it. It is th,, creation of this thing. I am the third highest point in Denton and this will be hisher than I am. They are going to make the highest point in Denton a landfill. They want to pile as much garbage as they can but at whose expense are they doing it. We in Denton are proud of our city, The growth, the dynamics and the geographic way that the city and the area is growing is coming up I-35W and it is going right through this area. Ms. Russell: Is there anyone else that would like to speak in opposition? Are there any final comments that staff would like to make? Mr. Watkins: I agree at whose expense is a very critical issue. When we think at whose expense we have to consider the rate payers in the City of Denton and that is why this is proposed. Ms. Russell: The public hearing is now closed. Any questions or comments? Mr, Cochran: I am intimately aware of the situation of this landfill. I think that part of the reason that landfill still exits there is because of some of the actions that I and some others took several years ago. It is something that I have thought long and hard about for a number of years and about the importance of having a facility like this in our community. We hear "not in my backyard" all the time and we can all identify with it because none of us here would want to have it in our backyard. As a community we have to ask where will you put this then? I feel that it is reasonable for us as a community to take on the responsibility of having our own trash contained within our own city limits as opposed to what other cities do in trying to pawn if off on some other community. We talk about the development of our community and this is a really important piece of our infrastructure as a community as having a place to take our waste. It is as important as any other utility such as electric and water. it doesn't do you folks any favors and it is a sacrifice that you • • are experiencing for what I and others consider a greater community good. It is an unfortunate thing and I do feel for ycu. We would hate to have it in our backyard but I feel that it is important for the City of Denton to plan for the future $-25 a • a • FQonilruVtt. G~},~,.~.~. 0/ U P & z Minutes January 25, 1995 u~ Oa L'y Page 40 k and we can't place ourselves at the mercy of others and we need to take responsibility. I feel there is some greater community good that comes from expanding this landfill. It is unfortunately going to impact some people that live close to it in a negative way and it is something that I do riot feel good about at all. I do feel that it is for the good of the community and it is appropriate for me 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 Road. My sympathies go out to those of you who are going to be negatively impacted by thi, and anyone is more than welcome 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 queutions7 All in favor of tue motion please signify by raising your right hand. All opposed same sign. Approved. (5-0) Mr. Cooper was not j 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 and/open space ownership and maintenance. The area affec,.ad 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 ;ielO a public hearing and then directed staff to ~nme 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 mariner. 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 dial not hear from them. This is simply an ordinance amendment. B-25 • 01 • landlili.ord J` ATTAC IMENT 7 G ORDINANCE NO. AN ORDINANCE 0} 74E CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 199.5 ACRE TRACT LOCATED NORTH OF EDWARDS ROAD AND EAST OF MAYHILL ROAD; APPROVING A SPECIFIC USE PERMIT TO OPERATE A LANDFILL IN THE DIST- RICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. k7HEREAS, the City of Denton, Texas has applied for a change in zoning for a 199.5 acre tract of land located north of Edwards Road and east of Mayhill Road from Temporary Agricultural zoning dist- rict classification and vse designation (A) to Light Industrial (LI), as wall as a specific use permit to operate a landfill there- on; and WHEREAS, on January 25, 1995, the Planning and zoning Commis- sion recommended approval of both the requested change in zoning and the requested specific use permit; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; and WHEREAS, in accordance with Article III, Division 4 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist; 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drairige and other necessary supporting facilities have bee[, or will be provided; i 4. The design, lucaticn and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; e • s 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, duet, noise and vibration; B-27 a ~~rpirr;~4o, ~ p 9 : i rid. U 2 dd ~1 ~1 6, That directional lighting will be provided so as not to disturb or adversely affect neighboring propertiea; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, LHEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION i. That the zoning district classification and us* designation of the 199.3 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is changed from Temporary Xgricultural (A) to Light industrial (LI) zoning district classification and use designation under the 4,,omprahensii+ zoning ordinance of the City of Denton, Texas. SECTION II. That specific use permit S-204 to operate a landfill is hereby granted to the City of Denton, Texas for a 199.5 acre tract of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference. SECTION III. That the City's official zoning map is amended to show the changes in zoning district classification. SECTION _V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sun not exceeding $2,000.00. Eac), day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby dire(:ted to cause the caption of this ordinance to be published twiooe in the Denton Record-Chronicle, the official news- paper of the %.1ty of Denton, Texas, within ten (10) days of the date of its passage, PASSED ANO APPROVED this day of , 1995. • i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ' • • • BY: PAGE 2 B-2S 1 • • `141"li(~^NO•. J ~ u3o yy APPROVED AS 20 LEGAL PORKt MICHAEL A. S'UCER, ACTING CITY ATTORNEY i i t i I R i • a i • 1 • PAGE 3 B-29, e W s- =IIBIT "A" ALL that certain lot, treat, or parcel of 18rp, ~y~r~~ situated in the County of Denton, State of Texasi-bi4 rt~ e (-iU C414 Gideon Walker Survey A-1330 and more particularly described as follows; BEGINNING at a point in the existing city limits said point lying in the south line of a tract described an Ordinance 81-94 said point also lying at the northwest corner of the tract described in ordinance 83-16 and in the center of an east/west road (known as roster Road); THENCE west along the center of said east/west road and the south line of said City limits (Ordinance 81-94) a distance of 1815.66 feet to an interior corner of ordinance 81-94, and the west boundary line of the Gideon Walker Survey A-1330; THENCE south the east line wo a Ordinance boundary Mayhill Road 1225,21 Survey y to and point in the center of a county road and also the northwest corner of ordinance 66-141 THENCE south 20 west with the east line of Ordinance 86-14 a distance of 1727.92 feet to the northwest corner of Ordinance 63- -16; THENCE south 880 291 east with the north line of Ordinance 83--16 a distance of 1489.1 feet to the northwest corner of Ordinance 86-15; THENCE south 860 531 east with the north line of Ordinance 86-15 a distance of 1412.6 feet to the northwest corner of Ordinance 86- 218; THENCE south 86. 691 59" east with the north line of ordinance 86- 218 a distance of 627.98 feet to the northeast corner of Ordinance 86-218 and in the west line of Ordinance 84-17, Third tract; { THENCE north 1260 feet to the northwest corner of ordinance 84-17, Third Tract and the southerly southwest corner of ordinance 83-18; THENCE north 16 411 08" east a distance of 541.96 feet with the e most easterly west line of Ordinance 83-16) THENCE north 874 37# 54" west with the northerly stjuth line of Ordinance 83-16 a distance of 831.02 feet to a point for corner; THENCE north 880 151 45" west with the northerly south line of Ordinance 83-18 a distance of 792.29 feet to the most northerly ® southwest corner of Ordinance 83-18; • M THENCE north 10 090 20" east with the west line of Ordinance 83-18 a distance of 1308.77 feet to the Point of beginning and containing 199.5 acres of land. I B-30 i e a • f~ "s 9 c µCITX_= - - F ~COUNCI r L a~ II f` Grp w, t ~+po4 • O f 0 Q 0 , .~QOiPddNO, ~ ' Agendeiiem Date " DATE: March 21, 1995 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider adoption of an ordinance amending Section 34.126 of the Code of Ordinances to prohibit the platting of lots with lot-Incompatible zoning districts. RECOMMENDATION: The Planning and Zoning Commission voted unanimously to recommend adoption. (7 -0) SUMMARY: The draft ordinance included in attachment #1 proposes to prohibit the platting of a single lot to include two or more lot-incumpatible zoning districts. The ordinance defines lot-incompatible zoning districts as a combination of resiOMPal with nonresidential, multi family wlth single family and residential with plane ed development zoning districts in a single lot. BACKGROUND: In accordance with existing ordinances it is possible to plat a single lot or tract with two or more zoning district classifications providing that (1) the minimum standards and requirements for the respective districts are met and (2) that the proposed uses are permitted within the respective zoning districts. In the "Sleep-inn" case a potential problem existed because off-street parking Incidental to a non-resldentlal main use is permitted In a single family zoning district. An ordinance providing permitted circumstances for "off-street parking incidental to the main use" will resolve the land use Issue, The attached draft ordinance Is directed to the platting of the tract with two Incompatibie zoning districts Into a single lot. o PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: • 0 Not applicable • r ,~cF;~~+ilcn FISCAL IMPACT: Not applicable Respec ly/suubmitted: v Lloyd Harrell ^Ity Manager Prepared; y ` n~ Yv Harry N, Plareaud, MRTPI, AICP Senior Planner Agpr ved: i Frank H, Robbins, AIC Executlve Director Planning and Development I Attachment #1: Ordinance Attachment #2; A survey of selected cltles. Attachment #3; P & Z Minutes of January 11, 1995 Attachment #4; P & Z Minutes of March 8, 1995 • ca • PLATIMMORD ATTACHMENT 1 r Z- - C25.LG 3q q ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-125 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD A NEW SUBSECTION F, PROHIBITING PLATTING OF LOTS WITH LOT-I1ICOMPATIBLE ZONING DISTRICTS AND DEFINING THAT TERM AS USED THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFEC- TIVE DATE, THE COUNCIL OF THE CITY OF DENPON HEREBY ORDAINS: SECTION ~ I That Section 34-125 of the Code of Ordinances, City of Denton, Texas, is hereby amended to add a new subsection (f) to read as follows. All other portions of this section not specifically referenced herein remain unchanged: Sea. 34-325, Lots, oommon areas and facilities. [Subsections (a) through (e) unchanged) k (f) Lot-incompatible zoning prohibi tea. Individual lots shall not be platted so as to encompass two or more lot- I1 incompatible zoning districts. For the purposes of this subsection, residential zoning is deemed lot-incompatible with non-residential zoning, multi-family zoning and two- family zoning are deemed lot-incompatible with single- family zoning, and residential zoning is deemed lot- incompatible with planned development zoning. f $ECTION II. That if any section, subsection, paragraph, sen- tonce, clause, phrase or word in this ordinance, or application hereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity 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, 9g ON III, That any person violating any provision of this ordinance shall, upon conviction, be fined a eum not exceeding $500.00. Each day that a provision of this ordinance is violated • shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of an7 other remedies as may be available at law and equity. • 0 , • 10 ~'a 44 uc6 q SECTION IV, That this ordinance Shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 1995, 80B CASTLEBERRY, MAYOR_ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: j MICHAEL A. BUCEK, ACTING CITY ATTORNEY. j I • PAGE 2 e • w !>pcndnNo Attachment #2 A SURVEY OF SELECTED CITIES WITH REGARD TQ THE PLATTING A SINGLE LOT OR TRACT WITH TWO ZONING DISTRICT CLASSIFICATIONS Selected Cities Platting of a single lot or tract with two zoning district classifications Lewisville The zoning district which occupies more than 500% of the lot is extended to the entire lot, Arlington May be platted if lot size requirements are met for the respective zoning districts, Director may move a zoning line if distance is less than IN ft. Irving Not addressed by current ordinance, Fort Worth Requirement to zone lot in one district which is moi : in compliance with master plan. Carrollton The more restrictive zoning district is extended to the entire lot. McKinney The zoning district which occupies more than 50% of the lot is extended to the entire lot, Gainesville Not addressed by current ordinance Sherritan Not addressed by current ordinance • i c~ • ATTACF{M£NT 3 P i Z Minutes 1 qq .oZ1 1 January 11, 1995 6 y Page 10 9 f1 I II. Hold a discussion concerning platting a lot in one zoning district and give staff direction. Mr. Persaud: In the Sleep Inn case this single tract that had two zoning districts on it, the question was asked if they can plat this? We called tho several cities to see how they Handle a plat in which there are two zoning districts. The answers that we got are in your backup. Lewisville ■aid that the zoning district that occupies more than 50% of the lot is extended to the entire lot so then you only have one zoning district in the lot. Arlington said that It may be platted if the lot size requirements are met for the respective zoning districts. They also have a provision that says the director may move the zoning line if the distance is less than one hundred feet so that the zoning is extended to the entire lot. Irving did not address the issue. Ft. Worth requires that the lot be zoned in one district which complies more with the master plan. If it is better in the master plan to be commercial then that is what it is zoned. Carrollton requires that the most restrictive zoning district is extended to the entire lot. McKinney goes by the zoning district which occupies more than 501 of the lot and it is extended to the entire lot similar to Lewisville. And the zoning ordinance has these conditions written in it. Gainesville and Sherman did not address this issue. Irving, Gainesville, Sherman and Denton are all in the same situation. The staff has looked at this issue and we has come up with some ideas on how to resolve this. We may not create a lot to include any residential and non-residential zoning districts. For example in the sleep Inn case where they have C and SF-7 on one lot, we would not allow that to happen. They will have to do a rezoning in that case, Any single 'amily and multi-family zoning district we will not allow, may nos create a lot. Any residential. zoning district and planned development districts on the same lot, we will not allow you to create one lot. You may create a lot to include more than one non-residential zoning districts. For example OR and Offico,, C and OR, you can fit those combinations on one lot. More than one single family zoning districts such as SF-10 and SF-7 can be on one lot. You can not mix residential and non-residential zoning districts on the same lot. Mr. Norton; The alternative is a rezoning case then? Every e time you say that something can't be done there will be a case where it should be done. It never fails, but there is the / rezoning route to go. M • ca e F P 4 Z Minutes J, U January 11, 1995 Page 11 ~~~~1=c5 71q (Discussion) Mr. Norton: What about Ft. Worth's plan? Mr. Peraaud: I Oon't know in the Ft. Worth case whether they go through the zoning process or not, (Discussion) Mr, Robbinsr I think you are all saying the same thing if I wheneathat righti you have to get a rezoning. And that. T•oen Ft. Worth and here you have the landruseimap 4and ehere we h ve intensity. Worth they have a Mr. Cochran: 1 like staff's suiestis because take care of where the real problems are andothat is whentitycomes up next to residential, what happens between other intensive things, when they are at odds with each other such as between commercial and general retail is really less of an issue. No thinkguesti ns thaa at all I like your suggestions And 1 they solve lot of things up too, problems and might loosen some Mr. Persaud: We are going to go ahead and draft the amendments and ordinance format and bring those back to you? I Ms, Russell: Sounds good. IV. Director's Report. Mr. Robbins: Looks like we will have no development a ordinance amendments on the 25th. nd two V. Future Agenda Items. e Ms. Russell: Is there anything that anyone wants to puc on the agenda? i Mr. Norton: I Just need to let the Commission know that I will be gone from Jan 25th until the 10th of March. Ms, Russell: Let me share this with • last week to visit with Rick Moore. I asked him howohe felt • e he was treated by staff and everyone that he came in contact with. He said that he was very happy and that at first there were some road blocks, it was a new idea and not everybody • 0 . • c~ • 6~~Cil~!ai P & Z Minutes ATTACHMENT 4 March 8, 1995 Page 19 VIII. Hold a public hearing and consider an ordinance amending Chapter 34, Code of Ordinances, by adding section 34- 125(f) which prohibits platting a lot with two or more incompatible zoning districts. Mr. Pereaud: Madam Chair and members of the Commission you will recall that at your January 11th work session staff presented its findings with regard to the platting of a single lot which included two or more zoning classifications. At that session you directed staff to proceed with the drafting of an ordinance. We have a draft of the ordinance and it is in your backup. -his ordinance will prohibit the platting of a lot that has two or more zoning classifications on the same tract. For example the ordinance will prohibit the platting of residential and non-residential uses on the same tract into one lot. Another example is single family and multi-family zoning which cannot be platted into a single lot with this new ordinance. If the zoning districts have incompatible uses then they cannot be platted into a single lot. Also the ordinance will prohibit the platting of residential zoning with any planned development district zoning into a single lot. What this does is take out the single family zoning district and prevents it from being platted into a single lot with any other incompatible zoning district. Staff would like to proceed to the City council with your recommendations. Mr. Norton: In general I totally agree with what you have done except that I don't see where the exceptions are and how you would handl those. Mr. Persaud: They will have to do a zoning change for whichever zoning district is appropriate. Mr. Cooper; In the backup you say under your survey of other cities that for Carrollton the more restrictive zoning • district is extended to the entire lot. Will you define more restrictiv,3? Mr.. Persaud: All of the zoning districts listed on the left listed under residential are more restrictive than thcse listed on the right. • Ms, Russell: Is there anyone that would like to speak in • favor of the petition? Mr. Henry Austin Smith: My name is Henry Austin Smith and I live at 1305 Lindsey Street. I am representing the Denia Community Area Group. We would like to thank you for doing ! O • a • Agondift A) 3ttG;;7t' P & Z Minutes ~(J March B, 1995 Page 20 this, This ordinance will close a lot of the loop holes and will streamline the replatting and will make a lot of difficult decisions easier. We would like you to approve this ordinance. Ms. Kathleen Eiland: My name is Kathleen Eiland and I live at 1301 Lindsey Street. The only thing that I needed to add is that it doesn't affect the Sleep Inn because you ruled at the last meeting not to change the zoning lines. Their entire property is SF-7 and so that would not affect their property or their proposal in any way at this time. Ms. Russell: We are not addressing that at this time. Is there anyone else to speak in favor of the petition? Anyone to speak in opposition? We will close the public hearing. Are there any final comments? Dr. Huey: I would like to move that we recommend to the City Council the amendment of section 34-125 of the Code of Ordinances to prohibit the platting of lots with incompatible zoning. Mr. Cochran: I would like to second that, Ms, Russell: Any discussion? All in favor of the motion please raise your right hand. All opposed same slgn, ( Approved. (7•-0) 1 e ~ y 1. ! 4 'i' Lf`j !y S' =CITY COUNCI r - J 1 4 ~ s Y s r o ~ GE`C~~oo • 0 L • ca • Apt$ No A►ger±alte DATP4t 3tt ,r!- REPORT , 135 r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Exaction variance for Hickory Creek Estates RECOt2fEND~'?2N The Plrnning & Zoning Commission recommended approval of the variance, with the condition that $7560.00 per lot for road improvements be given to the City prior to final platting of five of the seven lots, being Lots 3 through 7. The vote, at the Commission's 3/8/95 meeting, was 6 to 1, SUMMARY; The 138.8-acre site, known as Hickory Creek Estates, is locatod on the north side of Jim ChriaLal Road, immediately west of Egan Rd. It has been approved, as a Conveyance Plat by the Planning and Zoning Commission. Lots 1 and 2 have recently been final platted. Back-up information is attached, which bases the cost on what sidewalks and streets would cost for a typical SF-7.0 lot. In order for the City Council to approve a variance, it must be demonstrated that the criteria, as listed in Sec. 34-6 (b) of the Subdivision and Land Development Regulations, are met. The criteria is as follows: Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute conliscat:ion of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. Waiver of developmental exactions ehall be approved by the city council, BACKGROUND: I'. was the staff fIn recommendation to the Commission that the exaction be $5400 per lot, from each of the seven lots, for a total of $37,800. The Commission recommended a slightly altered version of the variance which divided the $37,800 total between five of the seven lots, being Lots 3 • through 7. The owner of these lots, Mr, Hank Beckman, offered his approval of the altered variance, Ei PROGRAMS DEPAPTMENT$ Ok QPjQQE AFFECTED: Property owner(s), Engineering & Transportation Dept. • FISCAL TMR LD • . To be determined upon determining coat of improving Jim Christal Rd. 1 0 O • ~gocdaNo . S 0 1 Respectfully submitted: O P3,5 to V. Harrel Prepared by. City Manager G. Owen Yost, ASDL Urban Planner Y Approved: I 1 Fla ry Pe eau , Senior P anner AXK00xn f : w 5 u u 17 6 '~Cf1 v~t t na * I I i 1 SITE i HICKORY CREEK ESTATES LOCATION MAP . ~ 1 `3. w • • a r.10 y a ~7._ CITY of DENTON, TEXAS MUNICIPAL BUILDING* 215 E MCKINN£Y s DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM DATE: March 3, 1995 ,ro: Planning and Zoning Commission FROM: David Salmon, Senior Civil Engineer i r SUBJECTr Exaction Variance for Hickory Creek Estates i At the owners request, we are placing the Perimeter street Paving and Sidewalk variance on the Planning and Zoning Commission agenda with the conveyance plat and final plat of Hickory Creek Estates for another consideration. I have included in your backup, my original memorandum dated December 28th, 1594 as it is still applicable to the situation and staff's recommendation. Added to the backup is a map clearly showing the location of the 8000 foot from a City water main line. It falls well inside the area of overall development (over 1200 feet at the longest point , Attached is a copy of the applicable ordinance which explains the way this standard is measured. Since the variance was considered in January, the applicant has chosen an alternate method of plotting within the ordinance which allows him to sell all the lots but only fina~. plat those where the new owners wish to obtain building permits. This would also allow the developer to pay out or construct improvements on an incremental (per lot) basis instead of all at one time. This is the reason behind the conveyance plat you are considering. • Staff recommends a variance of Article 34-114 which requires perimeter paving and sidewalk at over $45,000 per lot with the cpa4ition that the W lopar spend A5.40n ner lot to make street improvemer,cs, Me is bltM en Mt A46 siaewalks and streets would cost for a typical SF-10 lot. • C\)J-6-X 1 • navid salmon AEE004F9 "Urdiiured ai Ouufih .5'rmin" • 0 • G1 0 4 341l/ r DENTON CODE capital Improvements plus proposes street to improvement of the existing perimeter city specificallons within two (2) yeah of the data the required improvements " to be undertaken, the development may elect, in lieu of making the required perimeter street Improvements, to pay to the city prior to beginning construction the total construction cost, excluding engineering and design Lost, of the required street improvements. The amount to be paid shall be determined by the city engineer, based on the actual cost of pro. viding for the improvements, as shown in the most recent public bids for the same or similar type street improvements, if the monty paW to the city is sot used for the required improvements within five (b) yam of payment, the funds shall be returned to the person maldng the payment. 3. Any development which Is to generate more than one hundred (100) vehicle trips per day at full development and which is excepted from making im- provements to existing perimeter streets in accordance with elty speemea, lions for new streets shall make the Improvements and repairs to the ex- fisting perimeter street to the same extent as is required for off-site streets. c. Erceprions to perimeter sirest requirements. The provisions of this section re- quiring the Improvement of existing unimproved perimeter streets to city spec. ifications for new streets shall not apply to the following 1. A plat for a single-family residential lot, where such kt is not part of a Larger general scheme of development or subdivislon of land containing more than one (1) residential lot; 2, A development that abuts one hundred (100) or less feet of an existing pe- rimeter street, where the existing off-site perimeter street on eitber aide of the abutting perimeter street is not improved to city specifications and there are no proposals or plane for improvements to the perimeter street on either side of the abutting perimeter street as evidenced by the city's capital im. provements plan or plats approved or pending approval; 3. A development which- I. Is not required or does not propose to extend a city water Ilnt to the property to serve the development; and Ii. Is looted more than tight thousand (8,000) feet from an existing city water line, measured along a straight tine from the nearest boundary of O the development to the nearest water line; of 4. A siste or federal highway. d Off site connretin` sheers. Any perimeter street required to be Improved to meet the specifications for new streets shall be connected 14 existing off-alle streets in accordance with the horizontal design specifications shown In appendix A•2 of ® Ordinance No. 88.103, which appendix Is adopted by reference in this Code the • same as if set out at length In this section. 2398 • O • ~a • "WY ago l I ~ 1 f - c ~ xr l • n moo CITY Of DVf M, yo" ~A • m • ATTACNlSENT 1 ofn' of DEMTft TEXAS WNW& BUf101NC9.2I S E MCKINNEY oEN(* ra4s 7620+ (61715Bbd100 • DFW 14EM 494.2529 XEMORANDUM DATE. December 26, 1994 710; Planning and Zoning Commission FROM: David Salmon, Senior Civil Engineer SUBJECT; Exaction Variances for Hickory Creek Estates Henry Beckman, owner and developer of Hickory Creek Estates located f on the northwest corner of Jim Christal Road and Egan Road, has applied for exaction variances to Article 34-114, Secti (Perimeter Street Paving) and Article 34 on 5 - 114, Section 15 (Sidewalks). An exaction variance is a variance based on reasonable benefit to the development and proportionality It is not a variance based on the 5 criteria that we are familiar with mainly dealing with physical characteristics of the property, The cited articles and sections require the devel to provide perimeter paving and sidewalk alon the °Per of this tract ` of the property being plattd. Perimeter paving is an24rfoot width of 5 inch asphalt or concrete pavement on a lime prepared subgrads. The standard sidewalk requirement is a four foot wide, four inch thick concrete section. If the standard requirements are applied to this subdivision, the street and sidewalk improvements would cost $262,700 and '52,540 respectively. This breaks out to $45,035 per lot, Staff fools I that one lot (10 vehicle trips per day) does not warrant over $45,000 worth of road and sidewalk improvements. If one compares this with the cost of A for average size lots providing in Dentostreot and (SP-10) , it id is over t 6 ti times nas much. Street and sidewalk improvements for an average SP-10 lot would run $4,500 and $900 per lot respectively, (This assumes there is one corner lot as is proposed in the subject subdivision.) For a 1 lot, SF-10 subdivision, street and sidewalk costs would run $37,000. d ABROO499 i • "Dedicated to Quahn. Son ire" • 0 f • P i 2 Commission Ap3nd,i1U.. S!f d Bxaction Variances for Hickory Creek sstatea A~Uin,.iEe7 Page 2 ~P,3-5 staff recommends a variance from the standard ordinance requirement with the condition that the developer provide $37,000 worth of road repair and maintenance on Jim Christal and toype final plat This , location aWW melho of imiparin line ywo lddeye degg&n termined d The a more typical subdivision. Also in prior eutport of c ri 500 Charges developers of is that coincidentally, t City of Frisco Charges de gate $4,500 per lot for street impact lees. We are lot sidewalkss wouldtbett r serve the dvelloopmmeenty used to construct into the street repairs and maintenance. by being rolled into it should be noted th& both Jim Christal Road and ftan old seal coat roads and are currentl Road are Denton. The addition of seven lots will increase It 6-- of the City in the area by 70 trips per day on these roads which now eperie i relatively light traffic. experience DaviLdSSmon I i i • usoo4s9 • f anti ~'i ~ .,}~}rr~,:' i,, i~e'~~;`l~h~` .S{".i~~,~I~~1rf~~{t4,'~~~+4 a • Ea • f yM r■ Y A ! 'W'Ao) 1!r•J / i lw_NNNN&NN f I V A' r' Af P.R.R. Co, SURVdY f ! y i A&VI"RACr No k1470 MN I "w f rr f 1 IM' 1 I wll f / 40"W ?4,W #"Mr M 1.117f 1 1 f w. II 1 . fir/ . \ • cPAN f w MMW 1 • / a • ' • i~~' n,rw LOT 6 1 • Lor 7 r J--_ AOWS I w , • AGff a.AW • ~I (y H ro • 1 •WN A17V1 . 1 11 I • 3URYl ' • Aeyei l r" y I _ e!J 1 ~ f LoT I LOT I LoT J Loo 4 k G i' o e! Its" • / 0 WM U g jot J"A - t ~1~ iA~ r ~ yy /.Y1 I r111r Y~/ «IIY( f Ap FIAMIAH:'i"I' A{c NASH INC. WAAM II/•/IIWI / IAMI M, • • Q • CITY Op DEMY APPLICAYroll pox WMIANOS y ar SCIDITtsION An LUM DtVSLOpXIN! Ax0ULAr20x►1 10 r,9 1) Naas of proposed plat Iron what article of the subdivisioa sad Land Regulations are You sequestiaq a Tariasoe De~slop~sa! Petitioner w aft-ye A-W Address lslepAeAe City/state/gip 7 Land Owner Addr-?:is .S/hn7~ CilY/state/tip .5 9ss1 Data ~-.J. Fee paid r Petitioner ■ust provide the ationale for the variance using following live criteria, the i (1) The grantiiq of the variance will not be detrimental to the Public safety, health, or welfare or injurious to other pe rty, pro- (7) The conditions upon which the re are unique to the property for which the variance sisssought and are not applicable generally to other • (1) Because of the particular property; topographical conditions of th escal surroundings, shape, or particular hardship to the owneifi r c property involved, a distinguished from a mare inconvenience, it uld as i;itrict,resy~tlltter of these regulations is carried outr ' T I~ M o • w (4) The variance will not in any Zoni Ordinance, Canton manner vaxFy+the:M o w~ Studng ies. Development Plan, Me U of the stsr Plan, or (S) bas Cho special or Peculiar c ~i 0 ~35 ed did not result from or weresnat°cnru tad b or any Prior owneres action tyethe request Oveevn* is or osiuion, r s or, If the variance is from an exaction at-way dedication, drama to (p• road court and/or dedication to tAs q9 improvement ruction, right. exaction W4blia), the i■ a Aublto improvement benefit teurLA~nt to these regulations Position of any devel constitute confisproperty atl o"ar or (1) sxcseds any reasoonable tract b2) is s0 exosssivs as to Waiver of develo Amentel n4 platted' recommendation from the exact line shall be considered after a council, plannng and Zoning Commission by the city POTS' Request must include the followingt 1. Completed application (one per variance), II. $175.00 fee. III, Copy of proposed plat and location map, Signature f A "4can pplicant at. • .r+..w-w..__.......p... . ......r...Y•LwYYMCMa'-. aVf~,. ' • ~ '1 r. r ~ i v `f !Fi'r,~ v~~=~ f~+ S v rL? iS Y'tf~. (nt}~`A1`14; r~ of,'~ 1. • • ~~:,ard~r,o_ ~ ~!d ALI ,i ..hall SICKORY CREEK ESTATES c) F3 VARIANCE REQUEST PERIMETER PAVING JIM CRUSTAL IS A PAVED ROAD M WESTERN DEMON CITY LIMITS. HICKORY CREEK ESTATES IS A 136 ACRE SUBDIVISION BETWEEN NAIL RD. AND EGAN RD. THE 7 LOT SUBDIVISION WOULD NOT SIGNMCANTLY INCREASE TRAFFIC FLOW ON JIM CRUSTAL NOR WOULD THE SUBDIVISION BE DETRIMENTAL TO ANY SURROU;YDING PROPERTY. THE AREA CONSIDERED FOR PERIMETER PAVING IS IN A LOW TRAFFIC AREA IN A SMALL SEGMENT OF JIM CRUSTAL ROAD, THE IMMEDIATE AREA FROM 1.35 WEST TO FM 156 IS COMPRISED OF MOSTLY LARGE TRACTS OF AGRICULTURAL LAND AND SEVERAL SCATTERED MEDIUM TO SMALL RESIDENTIAL. RANCHETTES. THE DEVELOPER WOULD INCUR SIGNIFICANT COSTS AND HARDSHIP IN UPGRADING A QUARTER MILE SECTION OF ROAD THAT OVERALL IS USED MARGINALLY BY AREA RESIDENTS. THE COSTS WOULD KILL THE DEVELOPMENT COMPLETELY THE VARIANCE WOULD NOT VARY ANY OTHER PROVISIONS OF ANY APPLICABLE ZCPVMG ORDINANCES, DEVELOPMENT PLANS, MASTER PLANS OR OTHER STUDIES, THE SPECIAL CONDITIONS UPON WHICH THL REQUEST IS BASED HAVE NOT RESULTED IN THE CURRENT OR PRIOR OWNERS ACTIONS OR OMISSIONS i r: • ~ t'; If t ~.Y~ , Vii; +1~~ s~r~,, 1~iy,yy~ r'pa yr. • ca • P & z Minutes March 8, 1995 Page 11 13 c'f ~35 VII. Hickory Creek. Estates, a proposed 7 lot development, totaling 138.875 acres, located on the north side of Jim Christal Road, West of Egan Road. `f Mr. Robbins: This is a plat for an area of land that we already seen for both the variances and the same configuration f that we have tonight. There are three items on your agenda which should be taken individually. The first item is two variances not four variances, the same variances that were applied for and for which you recommended approval with conditions previously, that is to the perimeter street paving on Egan and Jim Christal and the sidewalks on Egan and Jim Christal. The second item is a conveyance plat, and this will be our first conveyance plat. It is an instrument that enables the property owner tc have a final plat approved and then the lots can bt sold. But the conveyance platter would not be responsible for the public improvements required of that entire area. Before that property could be built a final plat has to be approved anci then the public improvements, if there are any, that would be required then come into play. So tonight we will have the variances about perimeter street paving, staff's recommenda':ions are the same as it was last time. Then we will deal with the conveyance plat which deals with all seven lots and i that is approved then any and all of those lots can be sold but before they can be built a final plat will have to be approved and you have a final plat for two lots, the westerly two lots of the seven lot subdivision are also on your agenda for consideration, a. Consider two variances to the perimeter street paving and sidewalk requirements. + Mr. Salmon: Madam Chair and members of the Commission, as Mr. Robbins said we are reconsidering the same variances that we did a couple of months ago. The applicant after the previous • variance wan concerned with having to come up with thirty- eight plus thousand dollars all at one time. In response to that, we directed him toward this method of doing a conveyance plat and final platting so that those improvements could be done in an incremental nature or lot to lot inetead of coming up with all the money at one time. Everyone aacided that was the way to go. At the owners request when placing the A conveyance plat and final plat on the agenda also requested • • that we put the variance on for consideration. I included in your backup a map that shows exactly wherF eight thousand feet from the City of Denton water line actually falls in relation to the applicant's property. There is also a copy of the ordinance in your backup explaining the eight thousand feet • • P & 7, Minuted March 8, 1995 Page 12 and tha_ it is measured in a straight line from .1, nearest boundary of the development. Staff recommends appro:a1 of the variance's with the condition that instead of doing a full fledged paving and sidewalk program that they would do improvements that would be equal to fifty-four hundred dollars per lot which is less than ten percent of what it would cost to put the improvements in as the ordinance would prescribe. Dr. Huey: Is what you are. recommending a reaffirmation of the action you took before? Mr. Salmon: Yes. Ms. Russell: Would the petitioner care to speak? Mr. Sergio Pucci: My name is Sergio Pucci and I currently reside in Euless, 2609 Underwood. I purchased the property on the far west- portion, seventeen plus acres on the original purchase and with the conveyance I end up giving the city a portion of the street and so forth. I purchased this property based on recommendations from the DRC from the original I meeting of October 13th of 1994. Item number four on the original issue as it is stated from the engineering transpor- tation section says, as this property is more than 8,000 feet from the city of denton water line no street or sidewalk improvements are required. With this and additional informa- tion I received from the DRC that day and I understand that there were some adjustments requiring what was going to be done with the remainder of the platting, which at that point I was not really interested in because I pretty much had a contract on my section of property. Perhaps my ignorance of the requirements of the city overshadows this, but I assumed that based on this would basically the platting would not be encumbering that much, as much money as is what's going to end tip happening here, the $5400. All the way until the time I • closed in January everything was going well, from what I understand, the DRC, with my conversations with David and the other owners that if we had platted a certain way we would have no problem and things would continue. Based on that information I went ahead and closed on the property. Come to find out a few weeks later that things had changed. That now the city wanted to assess impact fees on this property. Based • on the very fact that my property was originally excluded and that was in excess of 8,000 feet of the water lines, So, • • basically right now I am looking for some consideration here to waive this fee. This $5400, when you relate it to my cost to the original purchase price of this property is over ten per::ent of what I paid for the property. That is quita an • a 0 0 P & Z Minutes March 8, 1995 Page 13 5 ~5 increase, I need some relief to go forward to improve this property, ie, building a house, increase in the tax base of the city. It is just confusing to me that when things were told to us to do we went ahead and did them. It seems that at every turn things changed. That is the frustrating aspect of this. I thing everyone is willing to conform to what the city expects of us, but it seems to change at every turn. I am just looking for some relief here. The $5400 is something that puts undue pressure on me financially to go ahead and continue improving the property. There are other improvements along these properties, across the street is county property and there are some nice house going up, and I am sure you don't want to here it, but these people are riot paying to improve their land, improve this road, they have just as much impact on this and it seems I am going to be footing the bill for them. It's a plea for your consideration to waive this fee. Mr. David Vanderlaan: I am David Vanderlaan and I reside in Lewisville. Sergio and I have gone into this together to try to split the platting cost. After the original. meeting we felt very comfortable and that is why we went ahead and performed on the deal as was our agreement with the seller. Since then, the main thing I want to talk about is the road assessment, but I think there is some important information you all need to know what people like myself have to go through to get- to this point. It has been an ordeal and a very costly one. I don't know how many DRC meetings I have attended, but I am going to say six. I don't know how many plats I have paid for or changes I made in the plats, but I know of three, and all I know is that my engineering cost and the fees that I have paid to this point which were expected to run less than or around $2,000 to plat both lots to take it all the way to get a building permit was around $2,000 including engineering. Our bill right now stands at about $5,900 including the fees and all the re-engineering I have had to do on this time and time again. I am in my fifth month and I am no closer to getting a permi. than what I was October 13 when I came to my first meeting. That is the financial frustration there, and it is very real and it is hard to swallow. The second thing I want to do on the $38,000 road deal. We came into the P&Z meeting last time and. I wait' not ~y prepared, to be honest with you. The last DRC meeting we had O . when we discussed the variances for the sidewalks and the perimeter road deal, my options were to pay the variance;r and try to come in here and plead my case, or I could plat everything outside the 8,000 foot, go forward and get this deal done. My questions to DRC, Frank anC David were not at • O • I^`+: y~4. r P & Z Minutes March 8, 1995 Page 14 (p OF 7 K, that meeting, wa.v very pointed, what are my changes of this variance, is it the step I should take or should I just go on and do the easy way out and just plat outside the 8,000 foot and go on and the comments were made to me were that generally you all follow about 95V of staff recommendations. That to me was a clear signal that I should go forward, pay the fees and come here and plead my case. When we came to that meeting, I was astound by the arguments that DRC took because I wasn't expecting it and I didn't have a very good argument to plead the ise. Basically Sergio and I are still the two lots in front of you trying to get this thing through to get the permit, we are clearly outside the 8,000 foot. Not just the cost of going through the headache of getting the permit for the privilege of living in Denton, but also the $5,400 is a little excessive for us when we are outside of it. We are asking for relief on that as well or reconsider the case here because I think it is clearly an issue that we started off on twc lots and the process has been painful and expensive and had I had little better information and known the proper way to go I would have done the other route and I think I would have been building a house by now if I understand how this thing should have gone, so I don't think I was given the whole story, clear channel, and a clear way to go. That was reflected also in the feed back I have gotten from the engineer working on this, because we couldn't quite understand all the twist and turns that we have had to go in this route to get to this point. Ms. Schertz; I want to state for the record, I understand that Lhis property is in the city of Denton. Mr. Vanderlaan: Yes it was voluntarily annexed back in the good old days by the Bass Brothers for some strange reason, I do not know. • Ms. Schertz; if it is in the city of Denton, then I under- stand Denton's police and fireman and everything then will take care of you. Mr. Vanderlaan; That is my understanding. Ms. Schertz; Have there been improvements by the City of S Denton on this property at all with it being in the City. 0 Mr. Vanderlaan: Not on the property of the 130 acres per say. My understanding in talking with Don Hill, County Commission- er, that this is, Sim Christal road in on of those duo responsibilities, but I believe Denton has responsibility from • as • P & Z Minutes ii y March 8, 1995 Page 15 117 FM156 all the way to 35. I guess if there has been any potholes filled, I am assuming that the City of Denton has done that. But as Sergio said, tl.e south half of Jim Christal Road is county. We are in the City. Ms. Schertz: There is no sewer. Mr. Vanderlaan: No, there is no sewer or water. Water is 8,000 feet and I don't kn,--a where the sewer is. The city is going to bring power into the site. Dr. Huey: Which are the numbers of the lots that you own? Mr. Vanderlaan: We are lots one and two. Dr. Huey: The point that you are making then, is that you would like you two lots considered independently of the rest of this piece of property? Mr. Vanderlaan; IF I am going to be selfish, yea. But I mean I don't think that is what I am trying to say. What I am saying, our argument here is that the original two lots, they are a little different from this when we came in, we were going forward with it. During this process when the rest of the property had to be dealt with the 8,000 foot issue came in. But what I am saying to you is, Sergio and my argument to you is that basically we are well in access of 8,000 feet across and our original meeting with DRC was that we clearly did not have any perimeter roads or sidewalks issues. It was basically a slam dunk type issue there. The requirements to designate what was being done with the rest of the property is where I think this thing got stuck. Ms. Schertz: You say your first meeting with DRC was October I and, I think you stated, that you thought you had approximate- ly five or six meetings with DRC since then and then January is when you purchased your lot? I Mr. Vanderlaan: No, I purchased mine in 1999. Right after the October meeting, which was my agreement with the seller. Ms. Schertz: Ok. I thing Sergio then stated he purchased in A January. • Mr. Vanderlaan; Yes, he purchased in January, but at that time we were under the smooth sailing impression that life was grand. e w • ',r :~,~~.,ilCrt P & Z Minutes ~J March 8, 1995~~~ Page 16 1o U ~ Ms. Schertz: No one had ever shared with you the idea of, instead of paying for sidewalks or any of this sort, until you got to the P&Z meeting and you heard about there.... Mr. Vanderlaan: We went to the October P&Z to do a predesign to find out what was required with the r.latting to see if we could do it. That is when we fount: out that we were well outside the 0,000, they wanted to get a little more right of way on Jim Christal, which we had no problems, a 16 foot easement, we had no problems with, and the one entryway, and we gave at. the north end some flowage easement or something to that effect, but basically a very nice meeting, we got everything done, we were happy campers. Me, Schertz: Did you at any time ask specifically about the sidewalk ordinance? Mr. Vanderlaan: No I wasn't even clear that it was an issue. I wasn't clear about that issue until the 0,000 foot line came in well after that and I don't even know which meeting that was in, that's when the sidewalk and the perimeter road issue came up for the first time and started the game going in a different direction. (Someone in audience speaking) Me. Russell: You need to come to the microphone for the record to pick it up, Mr. Vanderlaan: 10/13/94, Item 4. As this property is more than 8,000 feet from the City of Denton water line, no street or sidewalk improvements are required. I Ms. Schertz: The question we have is, it is being brought to II us again, let me restate it. We have asked this once and 1 • there is still some uncertainty. It was brought before P&Z, we had a ruling and now you're bringing it again asking us to reconsider our decision. Mr. Vanderlaan: Yes, I just wasn't prepared for the P&Z meeting, I guess, the point I am making is that I had two choices. It was very clear that I could have not gone the • variance route and not tried to go for Lhe perimeter roads and . • the sidewalk issue. I could have just platted everything west of the 8,000 foot and come through here because I wouldn't have been in that 8,000 foot line. I don't know how many lots could have been in there, but that was my option to do. So my question was, what are my chances of getting the variance and r a► • __q 15 P & Z Minutes March B, 1995+1 ( Page 17 < r. 1:~ L, that was the statement, you have about a 95* chance because they usually go with what we recommend. Now somebody said David I'm not going to have a problem with the sidewalks, but I do have a problem with the perimeter roads, if somebody would have told me that I could appreciate that, that is a direct answer to my question. I could have made a decision, gone to plan B, filed everything west of the 8,000 foot and slam dunked this deal and I wouldn't have the $5,400 hickey right now and a $3,400 excessive engineering bill. This thing would have been over, I would have been a happy camper living in Denton and life would have been grand. But I am stir, back here, the meters running and it is frustrating. ~ Mr. Bucek: I think there is some confusion and I want to be sure we are all clear, you are no`. denying that the plat that they looked at the last: time was within 8,000 feet. Mr. Vanderlaan: No, I am clear that it was. Mr. Bucek: You are saying there was a mistake made in Mr. Vanderlaan: There was a misunderstanding in the DRC meeting. No the 8,000 foot issue came up and I knew there were two requirements being sidewalks and perimeter paving that were issues that had to be dealt with. The statement I am making is that in the DRC meeting prior to the last P&Z meeting that we attended, we talked about this there, I was of the distinct impression that we could go the variance route and we wouldn't face any opposition, then we got in here I felt like I got....... Mr.. Bucek: The point I am trying to visit with you about, sir. Just listen a little bit now. Would you let me ask my question? An ordinance says if you are within 8,000 feet, • there are certain rules apply, and you are agreeing with us today that you are within 8,000 feet, Mr. Vanderlaan: Not my two lets, no not the original two lots. Mr. Bucek: The plat that was here. Let me talk to you up here. The thing we have to be concerned about is we have an • ,>rdinance and I think what he is trying to say, and I under- • • stand staff makes mistakes, but when staff makes mistakes you can't waive the ordinance. If you don't catch it until it gets to you, in other words, staff may not catc.3 it and it comes in and you catch it the day of the meeting you say we • p 1V 11~ r P & 2 Minutes March 8, 1995 Page 18 rS ~i had this a year ago, I think there is a mistake here. You have that judiciary duty when you use a mistake to catch whenever it gets caught. Because you cannot, violate the ordinances. So I think this gentleman does not un-lerstanding what he is asking for you is because someone made a mistake he didn't have to comply with the ordinance. That is not the law. You do not have the ability to waive because staff made an error, to waive an ordinance. Now the question in also he is talking about and maybe Frank can add some weight into that, he is talking that he could have bought this property a different way. The end result is the gentleman appears he bought unplatted property. I am not sure, usually when you buy unplatted property that is a question that there is an ordinance that is violated then. Now there are some other issues out there that may be need to be investigated. The bottom line of the thing is if you catch an error where an ordinance is being violated, you have to bring compliance. And whatever happened at bRC is beside the fact. And of course is own statement was 95k certain. That is not 100% certain, and even if staff would say that then maybe someone needs to be disciplined because you can't be saying what this commission can do. You don't know what this commission can do. You can try to accommodate, but the bottom line thing is the developers understand that they don't have a plat approved until you approve it. And they are being very suspicious when they say anything different from that. The platting process requires your approval, staff can only give their opinion about that and ultimately all developers understand they don't have anything etched in stone till you approve it. So to the extent that we were loosing some time over here, and there is a confusion on that part, I think they need to understand and I want you to understand that mistakes does not let us out of the trap we are in right now. Mr. Cochran: In interpreting the merits of the request too, we have within our power the ability to weigh that on the • basis of the merits, and if staff made a mistake that would lead us to a conclusion, then obviously we don't want to go down that way, but regardless of whether staff made a mistake or not, we still have within our power to judge the merits of this particular request, whether staff made a mistake or not. Mr. Bucek: I am not impacting at all on your ability to • recommend a variance to the City Council, you certainly can • look at a situation and say, well we looked at it. a time before we thought ...You understand you granted a variance. I think that is what is so confusing, you granted a variance the time before, that variance did not vary far enough. Now when • O • ca • NO. P & Z Minutes i` A March 8, 1995 Ji Page 19 CA` you look at the procedure to get back to you, they have to commit with a new case, and the new case is based on a conveyance plat and these other angles to set out the variance per lot, but in his presentation they are saying let's go back to last time. See that's what I am saying doesn't fit. The variance before is where you find someway to break out the variance you've already granted. Now they want you to recon- sider the variance you have already set up, I question the ability to do that, I think if we are here today we should be here today because they said we agree that variance of fifty something thousand is correct and now we want to break it out lot by lot then that makes a reasonable accommodation. But now that is here, your consideration is correct, if in fact, 1 for what ever reason, you believe you can recommend a vari- ance, then you recommend that variance and then that would go to council for final determination. Mr. Hank Beckman: I am Hank Beckman, I live in Dallas, I also have a lot out here. When we came to the last meeting, the whole question and I got up was 8,000 feet. So I went to the surveyor and had him mark out the 8,OUu feet and we were going to plat it. And we did, here's the plat. That is not the exact plat. We abided by that, I paid for a survey going from the water lines to the 8,000 feet, I talked to David Salmon on that, he said his aerial was accurate. I wanted to make sure it was accurate, so I spent the money to have it actually surveyed where those lines existed and where it was in conjunction with this property. And that was the impres- sion. So we went ahead and we did a plat out of the 8,000 feet and left the rest of it undeveloped. Can't be sold. And now the question comes up of the $5,400 per lot. I think we really abided by what was told to us to go ahead and replat because of the 8,000 foot lines, is there any question on that? Mr. Cochran; How much different is the results of your survey • from what we've got here? Mr. Beckman: It is pretty accurate, maybe within a few feet. So it didn't make any difference. Mr. Norton: So you have a plat that excludes the lot that is within 8,000 feet? Mr. Beckman: Yes. This is the last plat that was done on this and this line is the 8,000 foot line. Actually all these lots to the west- are within 20 feet of that water line or past it. This portion is going to be left to be undeveloped. ~ r.yr a u riY-- i 1 • ~.In nwr~niG{).. t-lr- Page P & Z Minutes March 8, 1995 20 I o~ U Mr. Norton: Why is that plat not in front of us? ` Mr. Cochran: He's says it is pretty close. (Lots of discussion between commission and Mr. Beckman regarding plat he has. Discussion not picked up clear on microphones,) Ms. Schertz: Mike, do I understand then that they are saying that there is a difference of opinion between what staff says is within 8,000 foot and what they...... Mr. Cochran: No. It is a matter of whether or not we think that they should exclude it from the requirements because they don't plan on developing the area that is within the 8,000 foot.... I Ms. Schertz: They are not putting their house then ...ok, Mr. Robbins: It might help a little bit if we can put up the 8,000 foot overhead. I think a point that needs to be clarified, but only for clarification purposes because I agree; with Mr. Bucek's comments that he made earlier about mistakes. When the property originally came to the DRC for predesign what we were told was to be platted was only was the two western most lots, which were outside of 8,000 feet. I would be glad to show the documentation in the file that came to the staff for review. 5o we didn't know at that time, might we have asked other questions, we may have known. But we didn't know that the entire development or any part of the develop- ment that was owned by Mr. Beckman was within the eight thousand feet. We just didn't know then. Subsequent to that, j that was an issue that was discovered and so we dealt with it. Then the main issue here before us...,. O Mr. Beckman: Frank that is not true because I saw it on that table, David and I, we were going to plat those two lots, and we sat there and you said why don't you plat the whole piece of property, 959k of the time a variance, what we say to the P&Z, we probably can get that through. We did plat it, according to what we had talked about, because the other people across the street did not really plat that land, they are in the ETJ. We sat down in good faith and did the whole • . scheme based on getting the variance waived, When we came to that meeting it was a little bit different, the 8,000 foot was thrown at us and we didn't know what was happening. That is probably what you are talking about. So I went back and I stood up here at the last meeting and said is the 8,000 foot ~ O • - w • P & Z Minutes March 8, 1995 Page 21 a 0~5 is that the problem and it was yes. If it was out of the 8,000 foot there wouldn't be a problem. So we went ahead and platted out of the 8,000 feet and I went to the office and I even went over on Bell Street, the engineering area and they didn't have any maps. I talked to David, he said I have an aelial that is accurate and I said good, send it over to Gary. Gary Hammett picked it up and he went out personally and we spent the money to plat from those water lines and that is where we came up with an undeveloped area that later on if it has to be accessed, its accessed. So all those lots 1 through 6 was out of the 8,000 foot line. And now it is something a little bit different this time. I don't know what we can do. Ms. Russell: When was the first time that you heard about this, you know we waived the variance, granted that, but the condition of the $38,600? Mr. Beckman: At the P&Z meeting. Ms. Russell: This wasn't mentioned prior to, or we may do this.... Mr. Beckman: No. We didn't even know that figure. Ms. Russell: or there may be a problem, or you have to develop, or you're going to cause more traffic to the road, I mean anything that you would..... Mr. Beckman: No nothing was said, Dr. Huey: I want to ma',.e sure I understand what you are saying. You've s.;t aside lot 7 as a drainage easement with a notion that it will not to developed. Mr. Beckman: Yes. • Dr. Huey: Because that is within the 8,000 foot limit. And ' you want us to break off from that lot the rest of the property. Mr. Beckman: We did that in the plat and we were told it would not work. We already had that platted as undeveloped • area and a later date if someone wanted to develop if it was • • sold they would have to come to the City and they would have to, whatever the fees were, that's going to be their responsi- bility. And we understood that. Dr. Huey: You asked a different question from the one I r_......, • m • P & Z Minutes March 8, 1995 Page 22 asked. What you are trying to do in effect is break up your property and say that because one lot is scc aside then the ordinance does not apply to the other lots. Mr. Beckmann Basically yes. Dr. Huey: Is there a basis for such a contercion in law or practice? It is new to me is the reason I am asking. Mr. Beckman: It is basically, to be very honest with you is amount of money, it comes down to :coney. I am being frank wit!, yot. It was never told to us that there was going to be any fees. The variance could be waived, most likely, go ahead and plat the whole thing. It was never any mentions about money. When we came to the P&Z there was a mention about money, and we were just sitting here saying where does this come from. And the question as we ended this at the P&Z, I asked the 8,000 foot is that the problem and it was said yes it is in the 8,000 foot so I went ahead and had it replatted and resurveyed where the 8,000 foot line was. I informed the engineer department what we were doing. There was never a question, so I went ahead and spent the money to have it re- surveyed out of the 8,000 feet. simple as that. Dr. Huey: Which of the lots you own.... You said you own a lot out there? Mr. Beckman: I want to build on one of the lots myself. Lot f number 5. i Dr. Huey: Do you own any of the other property? Mr. Beckman: Yes, it is my property. Mr. Norton: The plat that I have in my hand is not a six lot • plat, its a seven lot plat. Which brings us right back to where we were. If I had in my hand an approval for a six lot plat I might be looking at it a little differently, but what I have is a seven lot plat, I do not have a six. Mr. Beckman: we did a six lot plat and was told..... • Mr. Norton: It is not in my material. • • Mr. Beckman: I don't have It any more either, I was told it wouldn't go through. c> Q P & Z Minutes March 8, 134; tl~ Page 23 j(ff r!(J Jrf. ~ Mr. Robtins: Staff would be pleased to review in detail and provide documentation for the P&Z Commission about who said what to whom and how much and all that stuff. We take exception to a number of points that have been noted by the applicant. I would choose not to debate with the applicant who said what to whom, but would simply request- that the commission deal with the issue on its merits as the city attorney had suggested earlier. Mr. Salmon: Just to add to what: Frank just said. First of all the two gentlemen that purchased lots from Mr. Beckman without Mr. Beckman platting the property are victims because they have purchased property before there was any means of them knowing what would be required, So they have purchased property and now they are stuck with property that wasn't platted and they found this out after they purchased the property. I can certainly understand why they would be upset. I As Frank said, the first time we saw this at DRC all we looked I at was a few acres that were out at the far end of this, not realizing there was other property attached, that explains my comment number 4 that has been referred to, that was made: without the knowledge that there was additional property. The $5,400 is simply what it would cost to build street for any normal SF10 subdivision anywhere in the city. I guess I would just like to state that I dial personally call Mr. Beckman and Gary Hammett several days before the Planning and Zoning Commission meeting and told them that: we would be recommending a variances, but that it would be based on reasonable nexus and that we would not recommend that it be completely waived but that: we would recommend a variance from the normal standards. Mr. Bucek: While you are there you may be able to help me with this becaura I think there is some confusion among the commission and I think f understand it and I want to be sure for everybody's benefit what has occurred, I guess when I was • looking at this I was thinking that you were coming in with a proposal even today that the applicants agree with, But. the applicants clearly do not agree with the variance structure you are suggesting to the P&Z tonight. That is pretty clear, right. So now what we have in mind, many times an item will come to the commission and applicant is saying for the variance they want the exaction totally removed and then staff 0 will come to you and based on a reasonable nexus will say yes • 0 we understand where they are coming from, but based on reasonable nexus we think some exaction is required. So that E is what happened the last time. The applicant says I don't want to pay anything, I want all sidewalks and streets, all • O • P & Z Minutes ' l March 8, 1995 Page 24 exactions waived. Staff came up with the figure we discussed. So today yc.u are at that same point. What staff is saying is, they can recommend a variance based on $5,400 a lot. The ` applicant is saying, I want a variance, I don't want to pay any of it. You have the option when you look at that to decide, however you choose, or you have the option to perhaps come up with a different way to vary it. I just want to be clear about .'t, if P&Z wanted to take the lot right next to the street and say that we are going to put the $38,000 or whatever on that lot, could they do that. Is there anything that stops them from doing that? In other words, you have seven lots, the big lot that they are trying to say, six of the seven lots are out of the 8,000 foot, only lot 7 is within the 8,000 foot. Mr. Salmon: The ordinance states that if any portion of the development is within that 8,000 feet the standard applies, We have broken it up per lot because it is a reasonable nexus variance, obviously each lot would generate the same number of traffic trips. Mr. Bucek: I understand the fairness of what you are doing. if staff wanted to be unfa:,r, or wanted to do something different I think the questions that a couple of the commis- sioners have, could you have staff, if you weren't concerned with fairness, could you put all of whatever the exaction just on lot 7 or do you have to spread it on all seven. Mr. Salmon: I don't believe w: would have that option. Also in regard to the six lot plat, our subdivision ordinance specifically says, you cannot purposely hold property out of the developmenk~ scenario solely for the purpose of avoiding approved improvements, Mr. Bucek: I understand ignorance of the law is no excuse and • I was not asking you a question. I was talking to this gentleman here. I am a little bit upset as you can see and that is no reflection on this commission, it is no reflection on staff, its no reflection on the audience. It is just that j anyone who violates an ordinance and is asking for equity or fairness appears to be out of place. We had two people here who bought lots that were not platted, air. As a prosecutor for the city that disarms me, that affects me and so with that in mind I was talking to Mr. Salmon and if I ask you a • • question then 1 will give you an opportunity to respond to it, but I don't want you interrupting conversations I have with Mr. Salmon. • a+ • P & Z Minutes March 8, 1995 n 1, 1 'u l S Page 25f Mr. Beckman: There was absolutely no intent on selling lots like that. These two people wanted to buy it, we went down before hand, before they closed on the lots and talked to the city, So it wasn't just sold out of ignorance, Am I correct? They were told the rules, I was not there at that time. I just wanted to make that clear, i Mr. Bucek: Just for clarification, what I am trying to say, and so that we are all on the script. What we are saying is on the city of. Denton you cannot sell prcper~y off without platting the property. I understand you nadi some jesters, but the end result., their is an ordinance that has been violated and that is what is upsetting me. You are saying you didn't intend to and I accept that. I am not saying that you intended to do that, Ms. Russell: Let me suggest some things and trying to look at alternatives here and I don't recall the exact figure so I am going to use $38,000. If we could consider something like, could we perhaps assess on a front foot basis since these lots all have varying footage along Jim Christal Road. Could we consider that as one option? Mr. Salmon: You could certainly consider that as an option, I don't think staff is comfortable with that simply because regardless of how much frontage a lot has they generate the same amount of traffic. We are trying to do this equitably and according to reasonable relationship to what is going to be developed. Also, by doing this on a lot per lot basis it is going to make it a little bit more difficult, and we are trying to do improvements $5,400 at a time. We have two lots right now, so that is $10,800 at one time. It is kind of hard to hire a contractor or to do something for $5,000 or $10,000, It isn't going to be worth anything in the field. I think if you get down into figures where someone comes into the city and gives us a thousand or two-thousand dollars to make • improvements In front of their lot, we are not going to be j able to do anything that is effective. 1! Ms. Russell: Ok. Secondly, you have sort of addressed this, If the entire free could be assessed when lot seven, in the event lot seven sells that they realize they are going to have this assessment. ® e • Mr. Salmon: That is another option I feel you probably can consider. Again that solves the problem of getting the money piecemeal, but again we are just trying to spread it out per lot and each lot has ten traffic trips, We are just trying to • AYanila id0 P & 'L Minutes March 8, 1995' Page 26 v r ;jam stay pretty close to this reasonable nexus principal. Ms. Russell: I understand, and what you are trying to do, I really appreciate and I consider the most fair. But that is not where we are right now, as I see it. My third option would be, and I understand ignorance is no excuse and I recognize what has happened here, but I also know, well I don't know this but I can surmise that the price they paid for it did riot have them anticipating this extra expense and the price that he sold it for did not. Neither one of them had this in ,Hind when he sold or they purchased. So, but now they know. So, lots 3 through 7, is it possible to, now he can add that into his price and I can buy one knowing full. well part of that price is going to be this street assessment. Is that a possibility? Mr, Salmon: Would you be suggesting that an amount of money be divided between five of the lots instead of seven? Me. Russell: Yee. Mr. Salmon: That is certainly something you can consider and it is certainly working toward dividing it out and being fair amongst the individual lots. Dr. Huey: Regarding the last option that you laid out, to access of the total of the payments on lot 7. Ms. Russell: The last was to access it on all of the lots that are not sold, so this expenses and be put into the price of the remaining lots to be sold, so instead we would spread the $38,000 over five lots, all the remaining lots that have not been purchased. Dr. Huey: I misunderstood what you understood, I thought you f were saying to tack all of them onto the one lot at such time as it might be sold. Ms. Russell; Well that was option number two and what ML. Salmon's is telling me, that the only one that I suggested that even seemed viable was to access it on the five lots that have not been purchased, • Dr. Huey: That answers my • • question, but let me go ahead and make the observation that my understanding was that Lot 7 was not to be developed so I wouldn't think it would :,e a sellable lot. • ua • ;~cnt?aiVn,.r 1C P JJI r P 2 Minutes March 8, 1995 Page 27 Mr. Salmon: It is a sellable lot, Dr. Huey: I would like to know two things. These are questions of our legal counsel. one, because the matter has been brought back to us, is one of our options to resend the variance that we established at the last meeting? Mr. Bucek: That is one of the options they are presenting to you, yes. Mr. Robbins: It is a different plat than the one you saw before. Mr. Bucek: What I want to get clear though, I thought that after they voted nothing else happened to that plat. Mr. Robbins: Right, it did not go to council. Tt was withdrawn before the council considered it. Mr. Bucek: That's what I think the problem is since there was I an exaction variance I don't think that plat is really final until it had gone to council. So in a way they withdrew that plat and so now it like they come in and we have a conveyance plat process, the next item, they would like to use that process and we let people use that process. Normally, if there is not an exaction when you approve the plat then that is final, but because they were asking for a waiver and exaction I don't think that can be a final plat approval until the council approved it. That is why they are in this little narrow area to bring this up to you. Dr. Huey: is your answer yes or no? M~-. Bucek: I think you co+lld change your variance. Right you cou3,d rescind the variance from last time because it is not final. Dr. Huey: And leave the property as is with no variance existing pei:od. Mr. Bucek: Oh yea, you could approve this without any variance. I think the problem with the variance is odd, you can have a variance that says you don't pay for anything, or • C you could have a variance that says you do the $38,000. If you don't have a variance they may have to build the street. J If you say no variance they have to build the street and sidewalks. • CJ • 5 P & Z Minutes March 6, 1995 Page 9 tb t j Huey: The other question, one lot in this case lot 7, can be separated out from the entire of the property as meeting the restriction about the 8,000 feet for the whole of the property. Mr. Bucek: I think what David was saying that would make sense to me is that the whole street might take a whole lot more money than $38,000, say it is a $100,000, when you start allocating a portion of that cost on lot 7, if you et that amount up too high under reasonable nexus it could be at- tacked. I think what he is saying is that $38,000 for lot 7 I is unreasonable, Am I relaying that correctly? Mr. Salmon: Often that happens in those instances when people plat their property such that all the improvements are required with one lot, that's the one lot that never gets developed. So it is better to spread it out. Mr. Bucek: If 70u try to put $38.000 on lot 7 that would not be a reasonable nexus and it could be attacked. Mr. Huey: Can we throw that away, and by throwing that away we have freed the other lots from any restriction relating to the 8,000 foot. Can that legally be done? Mr. Bucek; When you say throw it away I am not sure what.... Mr. Salmon: six lot scenario, plat everything but lot 7. Mr. Beckman owns all the property, if he is going to sell property he is required to plat all of it and so that entire property is in a plat and part of that plat falls within the 8,000 feet, you cannot purposely exclude property for the purpose of avoiding infrastructure. That is in the ordinance. We have had people come in who wanted to plat lots that abutted perimeter streets, but they only wanted to develop the lot that only touched 30 feet of it and not develop the part that • had all the street frontage. Those things do come up quite often at DRC and you cannot exclude property solely on the basis o` avoiding the cost of installing public improvements, Mr. Cooper: David, let me ask you a question. Isn't lot 7 essentially undevelopable anyway due to the fact that it is dedicated as a drainage easement. , Mr. Salmon: No, a large portion of 7 is drainage easement, but we are talking about a big lot. (Discussion among commissioners.) ca • hb. , P & 'L Minutes i March 8 , 1955 DR JIB Page 29 fl, 31 Mr. Cochran: It may be my misunderstanding, but I believe that I heard Mr. Beckman say that he was not going to develop it now. At some point it was not the intention for it to be a perpetual green space that it just wasn't anything he was going to deal with at this moment because it was a hassle. Nevertheless, the talk up here is as if it were going to be perpetual green space and that is not my understanding. (Discussion between commissioners.) Mr. Norton: I like the suggestion of the Chair option three. The first and second lot were sold completely without any of these restrictions being imposed upon them. The development of 3 through 7 is what brought this whole matter to the city's attention as far ar sidewalks and so forth. I think if we have the authority to recommend that we ouqht to recommend to i the city council that the allocation of the funds be placed against lots 3 through 7 and not lots 1 and 2, because lots 1 and 2 were sold without any knowledge of what was coming. That is where I come from, Mr. Cochran: It is an illegal subdivision if I am not mistaken and then we are essentially rewarding the folks for having made a strategic blunder. We can look at them an realize that they are in a bad situation, we can sympathize with them very much, I personally do. But never the less, we've got a little bit larger picture here too. Ms. Schertz: Does it just boil down to, do we waive a variance and just require not anybody to pay the $5,400 or do we decide as the commission that we want the potential of the street there and we ask everyone to pay the $5,400. We are all talking about what we are dealing with individually and that is where I am, in what ever year, right now we say we are not going to assess $5,400 to build a road, does that mean for many, many, many, many years to come there will never be a road here, we're making that decision or do we want a road here so as things develop its the way we want it. That is just a thought that I have. Mr, Cochran: We are letting them off quite a bit. By the $5,400 that is a bargain basement price as far as I under- b stand. • • Mr. Salmon: (made comment away from microphone) Dr. Huey: I believe that at our last meeting we granted a variance with a rather generous option of setting a much lower • G3 • -a5:D 10 & Z Minutes March 8, 1995 ' Page 30 assessment than would be required if the streets were built. I believe that there has been some slight of hand going on here with the setting aside of lot 7 and so on and I am of the opinion that we ought to rescind the variance and leave the property with no variance at all. I am willing to make that motion if it is appropriate. Ms. Russell: Is there a second? Hearing none, dies for lack of a second. Let me tell you my rationale. I am only going to address the one that even was considered a possibility, which points up another soapbox issue I have. I realize that this is not, I don't believe in rewarding people when they do things that are, should have known this. But it also points out that whenever we don't have a Peterbilt or a Victor Equipment come before entities that are very well versed on what they are dealing with. When someone like me comes in and doesn't know the procedure and in my business you have to know the right questions to ask and that is why people need professionals, but if you don't have someone to take you by the hand and lead you through and say oh by the way maybe we didn't mention to you that y.)ur going, or even though we might say that sure they probably will grant the variance because this is out in the country, this is basically a rural type subdivision and you don't need sidewalks out there and this a reasonable assumption and they are probably are going to see it like that. You might not have said, but you know what you are going to generate traffic so we are going to need to at least do some little maintenance on that road because there are going to be more people running up and down that road. So that I Awandt to do is probably going to assess something like granted staff probably didn't think about that. Because they don't know where to start with someone like me that just comes in and maybe does one thing, two things like this in their whole life. On the other hand, I don't know to say, well that's great you think I can probably get this { variance, but is there something else I might look for or • something else you might think of that would be the fair thing to do. I don't ask, they don't say, I go away and make a judgement based on what I had a meeting, So they didn't know to ask, it wasn't said after that staff says this is really a fair thing to do and this is what we are going to do. Everybody makes there proposal and they're surprised and we feel that was the right thing to do and we go away, It is easy enough on the remaining lots to put that cost into the • • price of the lots, get it taken care of. It is not ideal but our world is not ideal and it is just a way of handling it and that was my purpose in submitting it. For what it is worth, take like that and those are my reasons. I would suggest that • • P & Z Minutes 11 March 8, 1995 Page 31 444oor At f~ when we have an individual come in maybe somebody be assigned to them and walk through and say and now you ask this. Mr. Cochran: What I am uncomfortable with is that this is a rare occurrence, if there is something like this happens. But this is not exactly Jed Clampitt we are talking to here and folks that are fairly, can't hear me. These folks are not just off the turnip truck or something like this. The question is, how is this going to effect the City of Denton in the long run and even by granting the generous variance that we have already granted the City of Denton is going to get stuck with a larger bill than we would by ordinance should be stuck with and we are going to end up taking up the slack because of this. It is an unfortunate situation, there is no question about it and we all hate it and it is really uncom•- fortable for us, probably less so than for you all. But never the less we are trying to look at the larger picture here. The City of Denton is going to end up taking a hit on this thing down the line to a much larger tune than they are and that is who we are here to represent, all the citizens and the taxpayers of the city of Denton. So for that reason I would move that in the spirit of great generosity that we go along with staff recommendation on this. I would move, although I am in sympathy with Dr. Huey's gesture and her feelings there but 1 feel at this point my be a little far.... only as a compliment. I move we affirm staff recommendation of article 34-114. i Ms. Flemming: Second. Ms. Schertz: one question, could the gentlemen that owns the property come up and let me ask one more question. On the chairs suggestion that we don't assess any street improvements to Lot 1 and 2 but we divide the cost of lot improvements on lots 3 through 7. Take the total of the seven lots, but you • don't divide it by seven, you divide it by five and you assess it to the remaining lots. In my professional opinion, the person that suffers if that decision were to be made by this board is you. Because you own the lots and you would have to sell the lots and the people that got off real lucky are the people who own lots 1 and 2. All thing considered, I am concerned with would you even consider the idea of dividing 8 the street improvements on five lots rather than the seven lots because that affects your pocket book and your ability to • • see the remaining lots. My question is, would you welcome that if this board were to present that option to you is to assess the street improvement on the five remaining lots? • w • P & Z Minutes ! March 8, 1995 f~ JJ //~~CC t Page 32 j„1 vl If! I Mr. Beckman: Yes, I would. That would have been added, if I had known the $5,400 would have been added into the price of the lots. If I have to do that, and that is ok with everyone I will have to do it. I don't mind doing it, as long as I know up front what I have to do. And to be honest with you, I did not know. Mr, Norton: we have already as a board made a recommendation of a certain amount of money. By doing it the way that we are considering with lots 3 through 7 we have not imposed anything in addition on the City. Therefore, we are not really changing the amount of money we are talking about in any way ohape or form. But we are changing who it's applied to. I heard the comment that we were taking money from the City. We are not, we have already made that recommendation, so I just wanted that in before we take a vote. Mr. Cooper: There is nothing in here that says a road will be built. It is my understanding that this assessment was to maintain the road that was there in lien of building a new road because of additional trips. Mr. Cochran: As that gets developed out there, there will definitely be a push for better roads. There is a motion out ':here. Ms. Russell: Are we prepared to vote? + Mr. Cooper: Before we vote can I ask him to restate that briefly, Mr. Cochan: I would just affirm the staff recommendation to vary the sidewalk and street paving requirements on the Hickory Creek Estates with the condition that there be developer spend $5,400 per lot to make street improvements. • Mr. Cooper: When will that amount be assessed? Prior to building permits being issued? How will this be handled? Mr. Robbins: It would have to be part of the final plat process, could not condition something outside the plat process. • Mr. Cooper.: Before final plat is processed. • • Mr. Huey: Your moving that we reaffirm what we did before. Ms. Russell: All in favor of the motion please raise your • 0 ; • m • r '.~g11!(h ~Id. `yam/ P & Z Minutes March 8, 1995 Page 33 right hand. All opposed, same sign. Motion fails. (3-1) Opposed by Mr. Cooper, Ms. Schertz, Dr. Huey, and Mr. Norton. Back to the drawing board. Mr. Norton: 7 move that we apportion the necessary against five lots instead of seven lots. The total funds was $38,700, is that correct. Ms. Schertz: $37,800. Mr. Norton: I move that we apportion the $38,700 against lots 3 through 7 of this subdivision. Me. Schertzr Second. Ms. Russell; All in favor, please raise your right hand. All opposed, same sign. (6-1) Dr. Huey opposed. Mr. Robbins: Make sure I have it, because what will come up at the conveyance plat, there is going to be a condition on the conveyance plat so could I review what we just did. David was it $37,800. David Salmon: $38,700. Mr. Robbins: $38,700 divided by 5 is $7,740. Mr. Cochran: It says $37,800 here. Mr. Robbins: $37,800 divided by 5 is $7,560. That would be the per lot number.. (Discussion) Mr.Norton: I would like to amend that last motion to say • $37,800 divided by five lots, 3 through 7. Ms. Schertz: Second. Me. Russell: All in favor. All opposed. (6-1) Dr. Huey opposed. c, CITY COUNCII r { ~f O t r1~' Q 4 I i ?i r w 'nom i f? l s AgWa No.~ CITY COUNCIL REPORT FORMAT A90dak TO: Mayor and Members of the City Council FROM: 1 G ~f' Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to G E Capital Mortgage Services, Inc./Betty McKean RECOMMENDATION: The ax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: iap er 37..11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00, GE Capital Mortgage has requested a refund in the amount of $ 975.13 because they overpaid Betty McKean's account #023967. BACKGROUND: AifTe company paid the taxes on Ms. McKean's account in full on I Dec. 5, 1994 and GE Capital Mortgage paid the taxes on the same account I in full on Doc. 29, 1994 resulting i.n an overpayment. GE Capital Mortgage is due a refund. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: If The Tax Department and the tax account of Betty McKean J FISCAL IMPACT: S 975,13 RESP 'ULL S ITTED: arre City Manager Prepared by: WN / i~ r ame Vic Schneider Title Tax Technician kp ved: i ame Jan rtune ' • e Titl Chie Finance Officer 2633 /3 s a~ • slaw Property Tax Nears 5 AokMAppapall"31111ere2i APPLICATION FOR TAX R.BFUNpi;'?,1'u 7~ - Collecting Office Namo i / r= U Tr )ty `j.= ~L ,q,.j Collecting Tax For: AX DEPART Z 15 _ c NEY (ax np Units) DFN► TEAS 76741 Address City, Slate, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpa;9r _ - IDENTiF1CATfpN F PROP rY OWNER: Name: C _ Address: T~ s~fc+ro~ 7k__ E 5 Telephone Number (if additional i formation is needed): IDENTIFICATION OF PROPE TY; Description of Property: C c' ITa ~fr ~r(K } (7~~Cie /j Address or Location of Property: _ 773 n j_ qc s= _ Account Number of Property: 6,2_ V6 or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES; Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. rt Of' '401e 119 t/ 42- -J / 19 9~ j ~,5r, /,3^ S 2. c od 19 / 19 3_ 19 / 19 $ $ Taxpayer's reason for refund (attach supporting documentation): ~~~`1~~_ lCN fir _i,ue rAX~5 D.tJ 7io5 TA4(.r. 6•~_r! Wlr.4e. Ad7 4, E ~Y~rlcs. IS Nord A .u/ca -r)6 A ,(4ft(ti'D 0-c YfI P-&yittEk)r, ^I hereby apply for the refund of the above-descri bed taxes 99nd certify that the Information I have given on this form stru~endcorrect." pQ C,,E, L'~pi7Nc i~1oor 4Gr ,1r4Urcr5 l,Ua. ~J /)~J / c.~, A77~ .J/ nl -Jclc dAknrB 3 • ~ ~ ~~1 - _ Si Lure (x?5 f1'AQy✓iua ear to of Application for Tax Refund r DETERMINATION FOR TAX REFUND: Approval _ Disapproval Signature of Authorized ONicor Date A Signature of Presiding Officer(s) of Taxing Date e Unit(s) for refund applications over $500 Any person who makes a Islas entry upon the foreIii record Mall be sub)eall to one of lM fOMOwing penalNa; I. h lli"64 men! of not more then 10 years nor lose than 2 years and/or a One of not more than 85,000 or boMf Nth Am and Imprisonment; 2. confinement in 1*0 for a tam up to 1 year or a fine not to exceed $2,000 or both such line k1nd Imprlsonni to eM forth In Section 77.10, Panel Code. PFFUb li n r, a • 0 PHOTOCOPY /{yam w sM•.•.R .aC ~IJ G f C~a!'; ~ l•r.r,,. r ~ - fl Cel i - Colati T`1D• 3JJ1!/i3 'FLAY ) 3 eta •~N~NN~~~~~N~I~b• ~0~at~3 OOILMtS AND 20 CENTS 6409861020 MgiW lT~YW NAN 1113 7601 oQ205137pO 1;03310026712 6301444331 509M 1000040t38320to .i, 4 L IIIIIINIMPM 0 93 I ry or ON -0 ,p *44 • l i I . • • ~Z, ~~~rr 4 ~,k 9ti ~°,li rlty~l`F • ce • PHOTOCOPY e _ FL's;'=! I E SIs L'I"aL4~Rt EP1EN7 CHECK REGISTE; {'i'4'7?4 PAGE ISF3 2 _r. ;r, •aSG ,r EPICrtJF. r•.1,rFG:EI-LE ID FACFERn' ArDRE59 OUST blAT,DATE PISS AMT D_~'!be'---1•:G+l+r•iH;._ -----AI#J .._._..-ri--at241'B1?Si---'--------i3cyl-AFiiEk'ST--£i'P----__ ----0tf31~'iS-'----420rN2- Y. . THCRY..I-1-5EN EF.IPDI 76D034121? 6 ROLLIND Mlll9 CIRCLE OS/81r95 8:0.46 WI?HER5 0120114r' 76401163?0 2141 F'EMBROOXE PLACE, 01/wRS 753.82 q TFtA+E1K 9TFvEN k-bpi-EIZ'Pe4lt='t'RE ! C. 061=49450= 502 NACN DR"" 01%3!%95 477.5E ra t• I 0.3 1 r nt c ♦ -cd' - ~ S+a Ae4 c.__.___ 11 E lE 01:31%95 587. 04 C Ecl:, 01,4_3= 404 _AC•O 0!/?1'9. ti~ , . cr a1 G Ito i n'_cn n~- r n1 •K, F 1E'IAR Fc 9_ ddt V4 ` i +i,F ! tit SrSE c.09 01 _1'4E 44 ..93 i]9~"a i ig' l ..JE + =P'- ps!?. F ?-0 ~N 14 ih l :917 WATERFOFIl W-' f 01!31! 95 A22, 57 ----01 k. 49----~----],ESl:Ot------ ' o-_ nr({e79 p'; •c unatilG_-.. . ra..~IF.._._._....p ..ga?g,tt325e_._._. -98 kOLt1MD-HILL 0--1"1?1?4 ? I,C..d_4C~CJ~'_7I! ELN?4:P F 70061P-V7l 1420 PICGWICI' L.AIE 01/51%95 563.03 0rl ?134 ?4.7 WA4 1115 T}£G.QN £ 7"GO1430A 2423 SHERATON FI, 01/31!95 562.61 4. 1' T 7 i C1RGl." a 1 1 -.5-Ei 'N►~4N~t'~;~?~~ CDLIR'T r as~l ~ ~a~ s. 001 r6£4^^_2 -:C CQFM=CK Y.ELJ:i 7" 0014?15 5f6 ROEERT5 STF£ET 0 V319; 366.13 001n. 19 36 rA.IE JAhilr 7 6400 P30A 409 MOCKINGPIRT LAN 01/31/95 31£.61 4G742'-$a._ . #tfi+'LAtr- --HEl]iSF:IN -7i-4-D%j 68 605--6044 lFf*. -E-Rf ~E- - -<•tf31f9Er---'- Doi r-s6~ TcA55Ei% 6EDFGE E 7640DG1035 esbD F'ICADILLY LANE Olr31/95 3u.70 c n C. 1 C. . 72 't- E nC+FY I_ W --77- 7700051034 _0E_1C306DHi4 0 1$ LI~ DRIVE 01/31/45 351.43 1?'. br]n. aaaoc c..rnr ~inYra 64N9~668 2009-M~9T ~:1' m I v '17 + l:0_P._ =1_ MItr'L_QH Cfi'IVE Oli31i45 312.36 0 ? 1 C a - C4! 011? 1.45 416. 64 2517 EF£F._ - -r71rrL 7_ C- a 'b-' -Q?4 :•9 c.}:E~--_ cW.C-♦•1-ALE El T =169e4 KcESS £87 OC110'%i~ 47 FAFt'.n'OV5 Ms'RCN D 7640081$97 600 MIMOSA DRIVE 01/61/9$ 4b6.Tt8 DDS13£5=7£ 1-Q{'rFi'i JRNtJIFEFi f9 7640055336 'Bib PITTANY DRIVE _'±.01/31/95,. .409.19 'fir 6?] t 3 ge sL~ - -SN! Fr2~M - PRH~ ---'3!MB7R!Etfi - TR1 M?5T 1 kF' ' D{'1 _93E~_" >lCy,S -R. CHEF? I 7E400'456" 131.3 OXFORD 914?1:4fi S8e.67 • nr1 _q :.g;•?= _wl,i-. F. C41 R 'Jtr40079FEL, 3924 WATERFORD WAY 0 L/31%95 404.59 --bfl-14o9F4- --'~L -f~l._------ -`--^--34k?-1 VRT£kFf3RE.-YMY"__-'- --~?>''~~~4fr•-'---41ST04-°-- 1 1'' 00_1_411:34 'CALL VV4 F. 7!o"c;228 39e0 WATERFORIr WAY 01/31/95 443.75 a k4N0~A 6iT -lb tt7-O'+Pt+Rf+-CT---' --O] i? O'iFa i----rFLhr~F'P Arl.~.=EA WEL 1 /CPS 4,lica64j ¢22WELLIIIG cCCwiKSCI OS/31 L.c75, ~•ly. z 14 -f/Pt 1 WnM7 MPP t'fH T 0r1 n- =204 LAUREL T 011,31r'95 379.66 -6^t-kS- 4c:r--TAtH- -C~EYJrtf--' ?--7!'i'9f1 1•6.4.-~•~--- 9i&yll:,t 00115s £20 ty COGMICu H'*'V4 7640031n15 915 ECTOR STREET 01/81/95, 840. l6 ,i. 0011$ 2599 FOSSM4 JF SAM I 7640064516 411 _entMaas+}ti._.-W.►Aoa - .0 f!'r1r~r4 - ,r r i, • O • ra • PHOTOCOPY • r -c E3CFOh15V5F _iISL DxSffUFSEMENT CHECK REGISTER SRV'734 PAGE 15,74 I_=t U1.:ert:: 'F~11; VEti C•OF FtiFkr,1Ctr jr, FroPERT'i ADDRESS CUST MAT, DATE LrI SB Wr l ; - r wr",r.", -44/310'ris 4a' 6a D 07 FAFMe-Nrmtt MICMAEL P 7680170410 t , FWP N WILLOKNOT LCt~{' D!?'~~"I4A r ii,7f 58 ROVERT9 CHERYL A' ' 7~A0~719~04•l 0 WSCk PL C t art^, t., Dt~l= :I !i~ J=AiJ'V----,i;=.ri.r- ---r'r-~I6A~4=~-. .n.~ uu.91 -6a +xii.r IF£[E fi 76X172;30 L105 TIMEER TRL 01/31%95 96118 62CALrY MICHAEL T 505 FOX CREEK CT 01/31!95 449.86 _LL0._.-__._._--44-76Za1*o^43,r._ - n, r_, yac -n- 'iO~KV.~?LI ALAN H 70006238E 33201 BFOK£N ROW D1/31.,'95 68?I S1 t~.r~ ~ I r f^ n '<r 1'FPH' 765+'06' 616 HEaI',LEE LANE Dl/3 /95 724.38 v"y'r~~ /F 1 t ar.u r'col:.w ~:..J rn 4 y? 3?S d0~•Iit A Of. t!95 ?20.48 _..!1 it ,.r•1 ta:; Gf'>1%-+5 Sag. Et ^1 - ::,i ,qV :.lr e3co 9.'.Ci•I{rA TE L''F. 01.21 r'YE €43. F5 0"1 1? 1^I{ rs+ ;rsd^0 ,rG3 'OS W1OCC4Ar?Ci STREET G1J?1495 453. Z-6 it"L 4_f _e6 ?lt-1:_Nr - -N?C1=AEI_ ______C•--7~FQOf?H~---- - ?3?I-G@CFEE ET,*: CHrm---------.__-.@k^e1;=9e Ori3476c1F KAL11.2r, 5w91;i7E C. 764005607= 8868 WESTON tR O1/?1445 237.54 oil 3S6f35E F~OWSON THO"1AS D e^184 CRESTMEADOW 01/31,'99 440.57 t 4 gig lm 111 6; '1 JAWS -5110111 1111 .1 "I ~ m ~ MOW F ~o nds . 4 -ozxa 001 .OFc?46 .d.E .AJJCC= I+AFi s 7640041177 617 CARFCLL EOLL VARY 01/31 /95 188.37 , I 0•?1=1665'49 SriLu.^fi^ F;Y;r=.l_'• y64 C1 nL-52 ='722 F.OFBIE-0 01/?I%95 403.26 G41 Fa G4~16-Gi Ar.._.___._--'----- ~•,i 6E{AG6W-7RA1~ - -01144390-._-._ba.°- - 0034214605 HATr1EWS EU-01F. F 7640114775 BLEB FPIPVA.X RD OL/?1/95 655.6 I OC.142470i4 LITAiEF C~AFLES C' 76401 x4F3F 1147 WITOMS OR 01/91/95 880.37 -00 iZ;248906 f4Y4W-S F'1CUAc;'.- p-..76104-f5#gg. _-_.__-_..33-lb-RiCRWiL-V._!J{-__----`..~___-D!1?#:=95-------b4 L. fb D^r?5981 1 ='t'A'. J-bSc3 ?60x1?09]c 140E PPN!+ra1;DLE 0 1!?1 %95 22E. 68 03c' -c8= 1tiIU_1.Pi^. 7c0'130FSI 2015 MEF;CECSS 01/31%95 2451$3 083:2334?01 N 34 = LSE CINJNr as~8s/,5 4l1 r.. , 0829I f • 36s is R, W4 E . FOR WIN" L1:4 E C-t _E 7~ea1o36S 11 p~ t a y "pY 01 1/AM i k' _s ~•0Ji z{FNEF- - - f7d~6 381,-9Fa4k8 641 4, , 418 1.1M DR Ol/?1/95 68.71 c i nx.c?~9?c66 FI?r:EF: FLRTOI; 7600450407 1109 F'IFIND FOCI; LAN 01!31.95 S12.53 j CHECK ? E051B7 E5C4i0W TYFE 36 PAYEE DENTON CITY G•CCK AIIGIMT 4a,ei3~la,:, k , f.-VC_''.EI --CTMqsCn VS-41-W- "('91T 2is Lt WL;o*TN ~_._....r_.._ SA*I u TI>Er=51 rENTON TX 76201 a' , . r yI. . 1 a.r~irr~ • ca • • ,rf r-REPOPi rplOR05DW 03/03/95 AT 2109 O V E R P A Y M E N T 5 PAGE 4 _~t(Cq~l NO gECE1PT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT "O 00, 93/10/27-0013 FRANKLIN, ROBERT J E SYCAMORE ST 106.75 OVERPAY °r 90p0 0 93/11/01-0009 RENTON, J L GREENWOOD OR 4,70 OVERPAY 1 71"00 3/11/29-0001 MORGAN, TOMMY 0 W OAK ST 22.63 OVERPAY 9 OOW-1/12/26-0008 JAY'S UPHOLSTERY 2 00 4/01/14-0028 WRIGHT, THOMAS 5 ELM ST :6.80 OVERPAY TEASLEV #23A L 3.86 OVERPAY ~O 42 1 000 94/01/28-0019 MOORE BUSINESS FORMS WOODBROOK ST 3.00 OVERPAY 2 000 94/02"02-0116 BEAUCHAMP, RICK L TEASLEY #239 L 35.85 OVERPAY ~1 29 0 4/02/21-0119 MCCLAIN, TIMOTHY C 60.01 OVERPAY V PHEASANT HOLLO 0 38 000 94/02/23-0042 FOWLER, GEORGE J HETTIE ST 3.00 OVERPAY O B3 700000 94/03/19-0266 WARREN, DAVID M SOUTHRIDGF, DR 48.65 OVERPAY 0'1339000DOO 94/03/19-0267 HARDCASTLE, PAULA WOODFORD LN 16,79 OVERPAY 03178200000 94/03/19-0274 GIBBS, JAMES D KINGSTON TO 35.42 OVERPAY 08188800000 94103/21-0316 DAVIS. DONALD JACK FALLMEADOW ST 7.24 OVERPAY 02383700000 94(03/29--0067 WHA TLEY DHAROLOBNLL__ ~WESTWAY t~ AGO oPL 3.00 _13-OV - - - BLU 07396700000 9 4 / 0 3 / OVERPAY 1,29 OVERPAY 126429000DO 94/04103 0054 AKER YD DALLAS FOR AUTOMOTIVE - w` DALLAS DR iflo.ss OVERPAY 03065100000 94/04/03-0026 EAVES, THOMAS A EDOM LN 128,92 OVERPAY ' 300 1 031167000000 94/04/03-0612 YENSAN, JERALD D 6 CHERYL A yA TA MONICA D .1,.71 OVERPAY 10287000000 94/04/03-0956 KOLLMORGEN, NANCY .I TWANG ST 1 16383.70 OVERPAY U ST 80.01 OVERPAY 03119800000 94/04/04-0913 SPRAD A!{Y, CLEO C SAGEBRUSH SH DR 246.29 OVERPAY ' 02935800000 94/04/05-0375 DOBBS, WILLIAM R ROBINWOOb LN 183,89 OVERPAY 07763700000 94/04/06-0674 LANHAM, JACK O JR FAIN ST 176,94 OVERPAY 10403600000 94/04/08-0734 BARRON. BRUCE G BRANDYWINE U{ 363,63 OVERPAY 02045400000 94/04/06-0834 LOGAN. WILL SR KERLEY ST 93.30 OVERPAY 02997000000 94104/05-0903 EBLEN, MARK W SYOAMORE 51 157.61 OVERPAY 12099900000 94/04/06-1101 HOWRY, JENNIFER M BRITTANY -918 409.19 OVERPAY 02193100000 94/04/09 0146 MANNING. ROBERT W ECTOR ST 2.00 OVERPAY 02484800000 94/04/09-0163 MOONING, MICHEAL L NOTTINGHAM DR 41.87 OVERPAY 51242900000 94/04/10-0045 TRACHT, RONNIE POCHHUS N 42 R 36.68 OVERPAY 13105400000 94/04/13-0081 ROBERSON, DEWEY D DOUBLEOAK ST 80.98 OVERPAY 09892400000 94/04/17-0021 KOOP, DENNIS J N LOOP 288 48823 OVERPAY 02224400000 84/04/17-0141 HARRIS, THOMAS L IMPERIAL OR 487,.84 OVERPAY 02208400000 94/04/17-0142 SMITH, REBECCA F CORDELL ST 326.29 OVERPAY 032HIB00000 94/04/17-0188 ABBOTT, JOSEPHINE E MCKINNEY ST 2.00 OVERPAY 02349600000 94/04/18-0141 BOUROEAU, JOHN E CHURCHILL DR 30.00 OVERPAY 09746600000 94/04/20-0123 HOWDY DOODY #I6 DALLAS DA 66.76 OVERPAY { 91489100000 94/04/24-0074 PROFESSIONAL HEALTHCARE SRVC LONDONDERRY LN 46.43 OVERPAY 7 10423400000 94/04/24-0186 HAD, CHI SING KENNETH ETAL PARKSIDE DR 33.10 OVERPAY 02161500000 94/04/26-0122 KEY CUSTOM HOMES INC WESSEX CT 03631200000 94/04/26-0146 MARTIN, 2EKE ETAL S 31.11 OVERPAY I 9097290v000 94/04/26-0238 RICK MOORE HOMES fORI BRAE 9,92 OVERPAY t LM ST WORTH OR 41.88 OVERPAY 1 91476800000 94/04/26-0242 NORTON IMPORTS ELM . 41,88 OVERPAY i 5,480600000 94/04/26-0246 NORTH TEAS TRAILER SALES E E 8T E UNIVER3ITYD 43.08 OVERPAY 91474600000 94/04/26-0246 ACTION IMPORTS OLO ALTON RD 166.68 OVERPAY 91481900000 94/04/26-0247 SNFOAUTO SALES E MCKINNEY ST 8.33 OVERPAY 910.82200000 94/04/26-0249 STANFORD'S AUTO SALES BELL AV 20.57 OVERPAY 91464600000 94/04/26-0260 WALLER'S AUTOMOTIVE FORT WORTH OR 43.47 OVERPAY 91476700000 94/04126-0261 BUGGIES AUTO SALES E MISSION ST 18.07 OVERPAY 91480200000 94/04/26-0282 MONTERREY CAR CO FORT WORTH DR 29.02 OVERPAY i • 1 • w • Ag9nd~No~~~- A~ondalfemG CITY COUNCIL REPORT FORMAT Date r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to First American Title Co./Shelley A. Alexander RECOMMENDATION: The ax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. Ail comi,,eted forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: c paper 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500,00, First American Title Co, has requested a refund in the amount of $ 800.08 because they,overpaid Shelley Alexander's account #027588. BACKGROUND: First American Title paid the taxes on this account in 'Pull on Dec.5, 1999 and Ais. Alexander's mortgage company paid the taxes in full on Jan. 31, 1.995 resulting in an overp,~yment. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Shelley A. Alexnnder FISCAL IMPACT: 800.08 *ESP- LLY BMITTEl' arre ger Prepared by: • UDC. r.,-„~:;,.e.~t~l:?r ame tc Schnei e- Title Tax Technician i rni ortune • • • hi Finance Officer I +331-/ : v 6s awe ~repeny Tax Dowd m APPLICATION FOR TAX REFU ISNUnd AppllCeeen 7,.I I(4/et) NP Collecting Office Name. cily OF U0,112,1111111 Collecting Tax For: _ 215 $ M #A cr., 16 cKINNEV (Taxing n to DFIVTCIN YFY~' YIS101 Address - City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpayer, - - IDENTIFICATION OF PROPER OWNER: Name: LEY Lf mubfiz. Address: 7 t NU VS A) I " reU Tx .XsJS kz75 Telephone Number (If additlnnal information is needed): IDENTIFICATION OF PROPERTY; Description of Property: Address or Location of Property: Account Number of Property: or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Data of the Amount of Tax Refund Is Requested Is Requested Tax Payment Tax" Pafd Requested 1. L'rryoAf roq/tg /2-5 / 19 S - 'Vll 2.r TY nC 7]r.ir,, l 19 ~_L / 1D ys _ $ Ole O _ S 3.. - t9 / 19 _ S $ Taxpayer's reason for refund (attach supporting documentation): ~N, Tf>* KPRrf e r5 /J1 o eTEyl14 CD. APP T'rz- r/tc_ 4 rye 7-AK,15 okTMrs 1 Ate z, Fi~e..r 7 c~ 1 1c% ~f.4rct ~Trv~ 2s Fu/11~ Dz r#g a~1=., ~svarf Ir 1 hereby apply for the refund of the ab ve described taxes and certify that the Information I have given on this form is tr ~e and correct." 7Q: Fit5r iqm ceICAA) _rl rI f ~j68a, f r19c A(rNtiESr Signature it <proNr TX 7GXo/ Application for Tax Refund 0 FOR TAX REFUND: _-Approval Disapproval Signature of Authorized OHicer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Anyperwnwho mahesafalse sMry upon Meforepoingword shall basubfeoltooneofk»IoNovindPenslMes; 1. ImgeammWat not more than 10 years nor leas them 2 years and/or a Ins of not mss then !6,000 or beM such IrN and Imprleon~11; 2. conensmsM In IN1 for a term up to 1 year or a line net to exceed 62,000 or bolh such km and ImpfaonnlaM a• sN lortb in Section 77.10, Pend Cede. PE'UND • a PHOTOCOPY MRR 02 '95 0113OPM FIRST AMERICN TITLE 1,. firs[ .American Tille company ACCOUNT 3834;15;,:-METR0834,249t 3 ©T'' 222 E Mcl(?PoWi BUTTE #10 DENTON, MAS 78201. No. 036030 GFI' 98102070 DATE 11/30/98 ` PAYEICHT HUNDRED j 1~~~3~ 1806,08 r CITY OF DENTON TAX OFFICE FIASTAAI{"RiM1IITL9WAPANy r1 EM:HOYd-ACCOUNT' rnsT :9Ttin eeHK ar ocrrtoH acrrfuxtwcrcm, u'036030r+` I' . ti''~'~:. .aa•- ' .1 i i 9 &4 74 21. 11601 092 94, ,'O.O+OA ?F4p60Ar' ' ° ~so,zi ~ : ~ • < < ~ ~:a ua.;1~:! ssr»^I~u o: s'? rn :,a ~a ,tir: . T I. C, t,, i77 M :r1 i i' i~t^rsyy: 12 "~L t+t 1 f" ~ .L ~ ~ ~ ~ ~Lr t~~~1 ~ ~ y'~'r.,1 ~ ~'.1~~~~'7`F;,d!~~,1 ~kyJt.SYibs ~ :i.• i ..s.....w..,~.~Jr„..... rr.r.• -s.f.r.«. r. r.R... ~ I I r1 r r ~r r ~ ~AA _ • •F }i t. N V ♦ [ ' • as • • REPORT FIOR06DW 03/03/85 AT 2110 O V E R P A Y M E N T S PAGE 6 ACCO N0, RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 9 1 0 94/05/23-0018 CLARIDGE FINANCE CORP DENTON TEXAS 31.09 OVERPAY 0 8 84/06/24.0021 HUTCHISON, ELLEN J CHESS LN 7.83 OVERPAY 91 06127-0027 HIDDEN OAKS LEAR14ING AUADEMY TEASLEY LN 1.31 OVERPAY 1 74 q 4/05/27.0064 GODFREY, WILLARD LVNHURST LN 151,22OVERPAY . 9 Qq 4/08/27-0086 BEAUCHAMP RICK L TBASLItY 0239 L 26.75 OVERPAY 511 ON 106/28-0018 EPPS, PATAICIA TEASLEY #369 L 3,00 OVERPAY 0237 1 i R4/08/28-0026 GABLE, PAMELA I EGAN ST 431.66 OVERPAY 03 /00/28-0051 BROWN, DALE d SCOTT ANNA ST 9.38 OVERPAY 614 /08/28-0072 ORZEK, BRIAN TEASLEY #281 L 28.04 OVERPAY 60 0 /28-0077 LAWRENCE, JIM POOKAUS k BOA 28.04 OVERPAY 02 4 0 /06/28.0084 HINDMAN MYRTLE J BELLEMEAD DR 28.04 OVERPAY 024 00 4/08/28-00R4 BAKER, 6ILLY J - N.BRADSHAW ST 2B.04 OVERPAY 1312$$ 00 0,94/05/28-0096 SADEGHZAN, KHOSROW MESA OR 30,64 OVERPAY 0361i{'600000'94/O6/01-0030 SCHAFER, EARL - 0.02 OVERPAY 14601800000 94/00/01-0048 DRIONES, RAFAEL P TARTAN OR 28,04 OVERPAY 03201700000 94/06/01-0080 WINWARD, TERESA A MEADOW OAN DR 2P.04 OVERPAY 02907400000 94/06/01.0053 SHARP, JUDY G AVON DR 28.04 OVERPAY 02464000900 94/06101-0065 WILL, PATRICK M A DAWNREE EMERSON LN 28,04 OVERPAY 03321600000 94/0E/01-0067 SAN MIGUEL,LLAAFRANCISCO A INDUSTRIAL ST 2U,04 OVERPAY 1 01-121,211, 02758800000 94 0 /03- L ST71fL ,C+L, a all oil, HIMPAY; 'r, GiTtS!NO " 03087400000 94/06103-0042 DOOLEY. MINE MIETYWOOD LN 369.72 OVfi RPAY TOTAL OF OVERPAYMENTS 60,886,16 1 , e • s> • 4? PHOTOCOPY C Y +`Y A l • ~ I • Q • ~endaNo. CITY COUNCIL REPORT FORMAT Agenda~te ~O~O TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to First American Title Co./Robert A. Walker RECOMMENDATION: The ax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting a refund, which the Tax Technician recommends, SUMMARY: Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500,00, First American Title Co, has requested a refund in the amount of $ 780,77 because they overpaid Robert Walker's account # 103160. BACKGROUND:' k1r, Walker's mortgage company paid the taxes in full on Dec, 30, 1994 after First American had paid the taxes in full on Dec, 15, 1994, result- ing in an overpayment. A tax refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Robert A, Walker FISCAL IMPACT: 780.77 RESPEC 'ULLY S ITTED: o Arre11 City Manager / Prepared by: Name Vic Schneider Title Tax Technician App oved: 1 • ' • • Nam? ,o Fortune e Titl Chi cer 2633 /3 f Finance Officer • • BfaM Plo"by Tex Board j•~,t, :,'i~~•:N"l.__~1::.~ ..o-! o 1lolund Application 21+1(4182) APPLICATION FOR TAX REFUND 5#0,3 .CITY 0J, ~:H ) Collecting Office Name; Collecting Tax For; i aWw4 K TEXAS 76251( ax ng n to - - Address City, State, Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. _ - - IDENTIFICATf OF PROPEO,W~N/E,R: Name- LE-b-9 '+O ~Z-S LK b C Address: D ` 0onb DA. f oaJ r~ TK r72- 72+$ 5,{767 Telephone Number (if additional information is needed):. _ IDENTIFICATION OF PROPERTY: Description of Property; 1Dy a Es►~r ~r(/ ?)44 CK 4~ Address or Location of Property: / ~H7F tJJunD Account Number of Proper : or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested t. F.! a+7ef119 6z-/S ,9 ~ s rJ$U,'J Ao.77 2.~[LYuF/ 19 .12 -3u 19YL s U. $ 3...._ _ 14 / 19- f $ Taxpayer's reason lot refund (attach supporting documeniatlon)! 6em. xL/e€A' r3 01 *4,5,g ep , 4 IUTj rLF ~e 71fL Tt1 Kts oN 7-w5 QA9C4.L dP:j l j40jggle a J L1S ~_L~ fc~ CEDUt~TiNC A. g,_EFaA) A 01 7N6 pt/e-k AAyixE0)7, "I hereby apply for She ref d of the aboy"escribed taxes and certify that e I formation I have given on this form is true and correct,/ ' Z C/ f ; f / /fTerrc! ~7%,~ Lo, { C~ Srgnature a Fc,~ r,+ aTJ~ Date of Application for Tax Refund 7G1c I DETERMINATION FOR TAX REFUND: --Approval Disapproval Signature of .'%uthorized Officer Data • Signature of Preaiding Officer(s) of Taxing Date ' • • Unll(s) for refund applications over $500 Any person who makes alofae*"upontheforagoingrecord MaNbesabJeeflOOnedlhetaNewlayPenatyes: 1, Worlialo" Mof not more than 1o years nor Ian than 2 years and/or a tine oll not "we than 1)0,000 or bath such 111+e and Imprisonment: 2. confMMemem In JONI" a term UPI* t year at a li net to ewceed ilIg.M or bolh such ane arw Imprisonment as sN forth in Section 21.10, Panel Co". PEFVVD 3111 i s • rr,°.Tf ~lnrcnculr Iule l.wHpuNy ~ , EfftROW ACCOUNT 43.2357 METR0434.2591 222 E, MCKINNEY SUITE N100 ' PT tO r' Il✓) DENTON, TEXAS 18201 ~Z GFM 9410172D DATE 12/13/94~^ pqy SEVEN HUNDRED` E'S~pY^~~ 780 • 77r THE CITY OF DENTON TAX OFFICE FI TA" RICAN ECOMP Y ORDER R *s•' ES POW CCOU'3 ns AeFEebrrurrvE-- - - FIRST STATE BANK OP DENTON NENTON, TF XA9 ?dMI IA MEIFItXXW NE 00.MEMg11E0 D'036149n' 1:11 19 14 74 21: 11'01 1792 90 11,00000 780 7 7til I• ,n J. 2 9-3 ":o Ij 1 { • s , r y ~ Ei n U Y t i~ s' 4~ I h • J, i'Itr4 ~;i ,t 1V i1.~°YtC .kr iF~tr?' -0~If~~ 7r I •7^ ~ • • • REPORT FIOROBDW 03103/95 AT 2110 O V E R P A Y M E N T S PAGE 6 ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 0 94/06/23-0018 CLARIDGE FINANCE CORP DENTON TEXAS 31.09 OVERPAY 0 0 0 94/08/24-0021 HUTCHISON. ELLEN J OHEB1 LN 7.03 OVERPAY FF~-~*R/00/27-0027 HIDDEN OAKS LEARNING ACADEMY - TEASLEY LN --1.31 OVERPAY 00,94/05/27-0064 GODFREY, WILLARD LYNHURST LN 181,22 OVERPAY ti q ,64/05/27-0086 BEAUCHAMP RIOK L TEASLEY #239 L 24,76 OVERPAY 51, 00 !O4/05/28-0018 EPPS, PATAICIA TEASLEY #369 L 3100 OVERPAY O 24/08/28-0026 GABLE, PAMELA 1 EGAN ST 431.48 OVERPAY , 0 9 /05/20-0061 BROWN, DALE A SCOTT ANNA ST 9.38 OVERPAY 1 0 /06/28-0072 ORZEK, BRIAN TEASLEY 0251 L 28.04 OVERPAY 00 4 06/28-0077 LAWRENCE, JIM POOKRUS # BEA 28.04 OVERPAY ? a /05/25-0084 HINDMAN, MYR% J BELLEMEAD OR 2p, 04 OVERPAY 02y145 4/06/28-0064 BAKER, BILLY J : N BRADSHAWST 29:04 OVERPAY 131E 28200000 94105/28.0004 S%DEDHIAN, KHOSROW MESA DR 30,54 OVERPAY 0 14600000 94108/01.0030 SCHAFER, EARL - 0.02 OVERPAY 14408800000 94106101-0048 BRIONES, RAFAEL P TARTAN CA 211,04 OVERPAY 03201700000 94/06/01-0050 WINWARD, TERESA A MEADOW OAK DR 28.04 OVERPAY 02907400000 94/06/01-0053 SHARP, JUDY 0 AVON DR 26,04 OVERPAY 02466000000 94/04/01-0065 WILL, PATRICK M 4 OAWNREE EMERSON LN 29.04 OVERPAY 03321400000 94/06/01-0087 SAN MIGUEL, FRANCISCOA :INDUSTRIALIST 28c04OVERPAY 13041200000 94/06/02-0038. SCHNEIDER, LAURIE D MCSOUITE SLr 4316-OVERPAY 11103TStRI 00 9 outua-003" TOTAL OF OVERPAYMENTS SO,aBa.18 0.00 i P • c, 0 c DENTON i oooQ0 aaooooo0o oo°~ ~ ~°oo 00 ~ o0 a 0 °o o CZ) O o DOO ppo ooo~TO N ~ ~~~do o °°°aooaoaoo°°° F CITY COUNCIL • • Agett~aKo~ CITY COUNCIL REPORT FORMAT Aptmda4tem TO: Mayor and Menbers of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Jeff Wawro RECOMMENDATION: The Tax Department has received a supplement from the Appraisal District for 1994 making a correction to the appraised value based on a protest by Jeff Wawro reducing the tax he owed in 1994. Jeff Wawro is due a refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code.requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Jeff Wawro is due a refund of $ 591.85 on account #117068 dne to a reduced appraised value in 1994. BACKGROUND: Jeff Wawro paid his 1994 tax In full on Jaquary 30, 1995. A supplement causing a reduction in appraised value reduced the taxes due for 1994. This reduction in taxes warrants a refund of $ 591.85 due to Jeff Wawro. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Jeff Wawro. FISCAL. IMPACT: $ 591.85 _Rk4a LY 5U M TTED: rre City Manager Prepared by: / 1 ame Vic Schneider' Title Tax Technician Approved: Nam- ' • i Jon ~`ortune Tit Chie Finance Officer 263 C/3 • c~ 0 0 PHOTOCOPY n!ol! Lentrat A~p ~~i Altal District k G A 0 5 f 5 T E M 02120/93 10,32am + E_$OFTYAhE_GC(IYIF. IIdL 1994 SUPPL.Er6NTAL.ROLL q;, FWK CITY CIF DENT(N (COS) .hwE._.__~-_ fi- WER WOE AND ADDRESS FROFtRTY DESCRIPTION RECEIPT 0 CURRENT 8 PRIOR VALUES DAIWL3S8 U =1653 (3 1 - too p, S A FARK FLEK E, LOT 3 LAND HS ! 600 12,600 9 TR 517U~ DRIFTWOOD TR IMFR HS 41,069 41,069 1 001, 803, COS - _ COS s3, 669 33, 0 U RMIPT T 48,669 33. -5000 9 TIONS: HS TAX 272.98 30 -28,05 -CODE' _C=_CHANGE _ V..--- - - GG+ R'S.2374 130W31 - Esmh CrA.g_ 5 TU$Ha1 8 _ i1B BLUEBIR D CIR BLUEBIRD _ 35, EM9 ION "TON, TX 76201-64 Ei{FITIE5 001, 115m PT -TAXABLE. 1 43,4203... 262.07 _28.0 EXET~TIDNS. HS M 969 TAX AMT ! 0 - ` SIlF'F CODE. C m ADD HS 3-'- - - - - - - - - - - - - - - - - 832234 (31 JACKSON) SIFDINO BLOCK 17, LOT 30 303 CARD SITUS: INAL I HR HS $ 1 7 43 017 _76201.. ENTI 001, S03, C03 COS A55E85ED 4 , 447 - 37, 4q7 - MEIFT TAXABLE 9 447 37,441 -3 MIS: HS 1 TAX AMT 4.18 3'2'2.22 - - - - 8117068 (311945) WMO,_,EFF_..-._ - IHE_OAKS_OF_TOwNSHIP_2_fXOq(.A.~__---_ L" H5 1345 VALLEY ChEFK KT, - LOT 16 IMPR 10 4 18,847 1241366 DENTON, TX 76203-7577 5ITU5: 1343 VALLEY CREFT( RD ~NTITIFS C03 ASSLOSED s 43,417 148,936 -103,319 -RECEIPT TAXABLE_. f_~_ 43, 417 148.9 u -1es, ug EXEMPTIONS ~f 1 TAX ALIT 4 243.53 833 36 -391 BS SUPP CODE : C - awm 3- 7 ~Y S n ti ~r.~ ------LL VA- AE..._. _ _ FINCNER, WESTGATE PARK, K D, LOT s 1 LAND HS S 18,396 396 ; -DE ON, 7 b ENTITIES: , COs 03 AS8FS8E0 S 91,107 91,107 0 • TAXABLE f 86,107 91,107 -3,000 k. TAX AMT. f __.482.97 42---=28.03.- SUPP C - 00- 4DD HS - _ - - r • p • • REPORT FIOR06DW 00/07/96 AT 20:28 0 V E A P A Y M E N T S ACCOUNT NO. RECEIPT NO. NAME ti ADDRESS AMOUNT STATUS 60334200000 94/03/27-0086 BEAUCkAMP, RICK L 61117 00000 0 /08/ 6-OOlf EPPSo PATRI9 A TEASLEY #239 L 28.75 OVERPAY 434" 00060 >/1606/~."ol g#b" DALY ~ "CITY T LSY 0369 L a.0a CY RP~V ryry 0~ 46~p4bd 144 91/06/01.99360 F R !AR 9.3M OY PAY s, `J A` 00000 /0~101.0044rr 4 t 9R RAFJIL P TARTAN OR RAY O'rdR 0 ~-OS20 760060 /0 /Of-00tlb WIOWARD, TEplSA A PAY X02807400000 94/06/01-0063 SHARP, JUDY 0 WON OAK 04 ti 02466000000 94/08/01-0036 WILL, PATRICK M A DAWNREE AVON OR 229 6.04 OVERP 03321600 AY ~00014j0 9~~4{{/06/01-0007 SAN MIGUEL, FRANCISCO A EMERSON LN 28.04 OVERPAY dxi ~p'►RO RA/06/0'f~04t9 "pAya 1.AEY A 1~USTRIA gLR ST 8.04 OVERPAY 13 0p3 0vV,N R MRT A TRMNY. TR out a0d d/a076 ~itON N>ellltg4A 6 R00000 4/08/07-0027 N, JbE I NE aaTK AN<, A j i j V, tl A INAL [Sp 'pWi ;I 11708800000 94/08/07.0031 WAWRO, JEFF VALLEY CREEK R 691.86 OVERPAY TOTAL Of OVERPAYBlBNTs ~6 n3'D0.07 f i s • G) • r DENTON oooaooooo00000 o a o t o 0 0 0 o ~ 0 Opp r lls oooa ~ N . 0000 a~aoaoooo o CITY s COUNCIL r e w e d1L gAelldaMo. CITY COUNCIL REPORT FORMAT AgendallertL Date TO: Mayor and Members of the City Council F~4 FROM: Lloyd V. Harrell, City Manager SUBJECT; Approval of a tax refund to Fleet Iiort,v,a.ge Group/ Gary .11, Jenkins N, DATION: RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer, All completed forme and necessarv documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31,11 of the Texas property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500,00, Fleet Mortgage Group hus requested a refund is the amount of $ 880,03 because they overpaid Gary Jenkins' account #147518, BACKGROUND: Fleet Mortgage Group paid taxes for Lary Jenkins on an incorrect account #147510 and they paid the correct amount on Mr. Jenkins account #14'7516 on Jan. 31, 1995, resulting in an overpayment. They are now requesting a refund of the erroneous payment. A refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Depariment and the tax account of Gary M. Jenkins, FISCAL IMPACT: S 680,93 5P 'ULLY SUB I ED; t y arre i City Manager Prepared by; j ame Vic Schneider Title Tax Technician Approved: (~-Co • am o ortune • • Tit, Ch f Finance Officer 2633C/3 zr-........ ~.......r .n.......... r,...~... , 0 • GA~ • Seta aropuq Tar eaara Rotund Apostatises at.uprxzl APPLICATION FOR TAX REFUND I.,II Collecting Office Name; CITY OF DENTON Collecting Tax For: TAX DEPARTMENT- DENTON, TOM 1020! (Taxing Units Address City, State, Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF PR~QPERl7v OWNER; Name: - GR ey A/, .4eA)k)1N5 _Address: __%9J.X0 4eao1L64K0_ LJ "t (Pow7- 16.Z.7 Telephone Number (if additional information is needed): IDENTIFICATION OF PROPS TY; / mdk Cow 1° Description of Property: - (,5r6A Yt 4914;//7,5 n~ Address or Location of Property, 23 zo--*, Kf Account Number of Property: / or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES; Name of Taxing Unit Year for Amount of From Which Refund Which Refund Data of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Pald Requested 1. Gr ~Y ofIkNr~ 19 / 3/ / 19 y5 $ _qtj' V S 2'eITy 0s ZWllty 19 13 19 91 _ S 1~1X~,Y3 s ~O.y3 3. 19 / to- $ S Taxpayer's reason for refund (attach supporting documentation): 44 - JEA1l(rN3 IN&Xyk,463 f- 0M.,44A(y f/}~ph ~ErTAgArgtrse 94cry ~.4r77 ed 7Nl.5 Aj&.ac Freer /Yl' rda.G~ (P. /5 Lipa).~QK6, , 4 it AfF" /h Of 711Z 0UEJQ/JR~41 EA1'T". ^I hereby apply for the refund of the abovedescribed taxes and certify that the Information I have given on this form is true and correct." Signature "`X K PT A (K Date of Application for Tax Refund -----_-1jo;&-I- • Fe0k07)ca, t:~C :1950/-6563 DETERMINATION FOR TAX REFUND; Approval Disapproval i Signature of Authorized Officer Date e Signature of Preelding Officer(s) of Taxing Date • j Unli(s) for refund applications over $500 Any person who makes sfalse aMry upontheforegoing record shall beattbJaottoamofthabeMewtngpatio"; 1, hNMI"rttanlell not more than 10 years nor less than 2 years and/ot a one of not m we than 00,000 or bath such li and Imoson"wil; 2, conanemaM In Jeff lot a term up to 1 year or a ft" not to exceed $2,000 v both ouch Nr4 and ImptleonmsM as so forth In Section 27.10, Penal Code. AEf~l1p 1~~~ • • r PHOTOCOPY ~J) ir, :.•i~~~l h~0,. L.A%ww.w.w. Fleet 38 _ . ur,f i t N01 0i Pni J ewfed rtiw dttt-i: !cr cvxt•1lr<1ttcN,•k. rt997IH t, tjyy~.~Y ---u°~ 94 Ii, SB4~7] ` . Dw*w City . To Cbllr,ctor ......-~.......»............y Ala Sly C. Mn 76201 iJ,~.. ,5,}~i,l .u ~iw l~+'~,! _ 1717f0if 38M 1:0436A8610: too- 10WO r ' 000 rS 6 ti' T 00 TO a2hL+1T61 T T< , I M1 • ~ ~ -,q~5 •S ir1, ~'ll~ ~''rtil fa .E,~1;~4~~~,'Js .r~`~~' • • 0 L E1 REAL ESTATE FUNDING CORP -040 FAST-LLE w M N 5 '/01}CHER PF51574 DATE 12/12/44 P E T,J1 H14 ESCROW STATE STATE TAX AUTHORITY DENTON CITY PAGE f 10 ZRIPTICN CODE NAME COUNTY-TOWNSHIP TPX COLLECIOR•RECEIVER CR N X 44 TEXAS 0002.00137.009 215 E MCKINNEY DENTON, TX 76101 TAX CONTRACT ESC-U AMOUNT NAME OF MU'.T GRGOR TAX D / C. TCf ESC-EXP PAID NUMBER r NUMBER 00 04 4 J O/18.81 94 406 45 MR-1~21f ILL~% BLK 5 NORtH LAKE R-104211 PARK ADDN, PHASE V: DENTON CO t REFINANCE 4 1 I I.94 680.93 GARY nICV.AEL JENKINS R0147510 / r PHA HIV ADON., DEN ON COUNTY CENTEX REAL ESTATE CORPORATION ' t 003(1397367 91 12.31-94 539.13 DAVID c. SULLIVAN RO32166 j 00/00/CO LOT 51 BLK C TIMBER ACRES ESTATES 1 DENTON CO 1 RCBER75ON, L E K M j 0004043317 91 12.31.94 227 55 GLENDA C. LEVENDOHSKI ROB 1506 00x00/00 FLOT 9 ELK ALLMEADOU2 DCENTTONECO PG 75, RICHARD R YERH072 0004043317 91 12.31.94 227.55 GLENDA C LEYENDONSKI R081508 00/00/00 (.OT 9 ELK 2 CABINET C PG 75 FALLMEADOU DENTON CO RICHARD R VER4OT2 0030309070 91 12.31.94 332.63 JERRY 02757 NEUMAN R102757 00x00 00 DENTON CO I 1 THREE K COHSTPUCTION M011095080 91 x2-31-94 314.08 Ant EZ MANX 81032770 00/00/00 ELLK II BELLAIRE HEIGHTS 50 DENTON 1J • ✓,EITH T DUBREA ' ,)902530181 91 12.31.94 289.39 SHERI BLANKENSHIP R1073130 00%00/00 APART UNIT 4 BUILDING D MULBERRY CREEK CONDO DENTON CO 0030333910 91 12.31.94 642.5f DAVID R. TODD R120349 00%09x90 LOT 7, ELK 91 HANNAH ESTATES PHASE 11, DENTON CO REFINANCE 0071981864 910,Q~ 31.94 482.26 LOCI ELLLE.%MI WHITE PG 241 R1309050 SUMMERUIND SD DENTON CO:THR R1'LaND GROUP, INC r. • p • • 1 Iy EEr L ESTATE FUNDING CORP -040 FASTELIER MORTGAGE ESCROW DISBURSEMENTS VOUCHER PFST574 DATE 12/12/94 PAGE 1704 ,v14 l CRO~ ESCROU STATE STATE TAX AUTHORITY DENTON CITY PAGE 4 E0 HiR DESCRIPTION CODE NA HE COUNTY-TOWNSHIP TAX COLLECTOR •RECEIVER 11 0 C Y TAX, 44 TEXAS 0002.00137.009 215 E MCKINKY DENTON, TX 76201 V ACCTC ESC•DUE An0Ur4T NAME OF MORTGAGOR TAX ID TAX CONTRACT ENO. PE ESC•EXP PAID SW IT "BEP. 1 NUMBER 003005'02"93 91 18.00 94 314.30 SWITW ggODEESTATES ADDITION 83084100 DFNTCH CO "F' 6 CTX MORTGAGE CO 0003219019 91 12.31.94 282.26 GLADYS N ELL IS 8309990001 00/00/00 LOT 22 BLOCK J TOUHE NORTH ADD SEC 5 0009343463 91 12.31-94 367.60 DAVID N FINCH 83190800 01/01188 L 8 8 F S SUB KINGSTON TRACE PARCEL NO R 3190 80001 000'095255 91 12.31-94 367.80 RICHARD M MOSELEY R31961DO 00/00/00 LTO 29 ILK G SEC 4 PS 8 PG 59 KINGSTON TRACE SD DENTON CO 0003218337 91 12-31.94 293,40 CARLTON T WENDEL R3212700 00/00/00 LOT 28 BLOCK 13 SINGING OAKS DIV 0030278282 91 12-31.94 521.72 JAMES ROYCE DARBY ITT R86644 00/00/00 LOT 3 BLK 1 NORTH LAKE ADDITION CIRS6644: DENTON COWI)' THOMAS D A MARY JANE SCHETTINO 005358048, 91 12-31 -94 418.91 RAYMOND G DANILOFF 029459 00140116418 • 0.109100 LOT 1V BLK 4 WINDSOR PRRK ADOTN 70 TOTAL AMMI ITEMS PAID BATCH 009 TOTALS 37 14,584.73 a r: 21 d4u~, f; t,J A • w • ; • REPORT ,,n. F10R06DW 03/10/95 AT 21:04 O V E R P A Y M E N T S PAGE 6 AC qy C 7 NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 1 J 0000 04/26-0276 BILL UTTER FORD ]NC W UNIVERSITY 0 4,613,72 OVERPAY ,p p0p 04/26-0276 SELECT MOTORS LTD N ELM ST 30, 13 OVERPAY 114L0 04/26-0277 SOUTHERN MOTORS W UNIVERSITY D 14.86 OVERPAY 4 0 04/27-0107 WAUGH CHILDREN'S TRUST X1-MR28 W UNIVERSITY D -:1,702,90 OVERPAY - 0 3 b7A0 04/30-0860 HARDIN, GLADYS T MOOONALD OR "62:.07.OVERPAY 03 0 04/31-0114 DEATV, JACK ESYCAMORE ST 9:77 OVERPAY B 00 04/31-0122 PERDUE, KENNETH J CINDY LN 804,69 OVERPAY 0 94/04/31-0128 COFFEY, FLORENE THOMAS ST 247.99 OVERPAY 0 0 /04/31-0194 JOHNSON, J LYNN OAKWOOD DR 167.42 OVERPAY f 1 q 04/31-0601 SHAFER, ERVIN D AVE E. 2.38 OVERPAY 2 d 0-94/04/31-0636 SOUTHSIDE AUTO FORT WORTH DR 11,35 OVERPAY 08 9 0 94/0031-0870 SELLERS, LAURIE 0 -NORTH LAKE TR- 688,01 OVERPAY 91047 010 94/04131-0993 CHINATOWN CAFE W UNIVERSITY M 31.58 OVERPAY 91.477 ~00 00 94/04/31-0939 RINEY HARRY ENTERPRISE INC S ELM ST 160.18 OVERPAY 51260900000 94/04/31-0961 ADAIR, EDWARD TEASLEY N 99 L 2.01 OVERPAY 91278200000 94/05/01-0002 MANLEY, STEVE C PHD W HICKORY #113 1.04 OVERPAY 03213600000 94/06/01-0196 MORRISSY, TIMOTHY S SKYLARK OR 44.66 OVERPAY 02118700000 94/00102-0131 PASKO,. CRAIG 4 MARGARET LACY WESTCHESTER OR 361.08 OVERPAY 4 02467800000 94/05/02-0132 LACY, JAMES A CORDELL BT 381,20.. OVERPAY. I 02634600000 94109/02.0133 LADY, MARGARET M VANDERBILT CTS 351.20 OVERPAY 02636600000 94/06/02-0134 LACY, MARGARET M VANDERBILT OT 381,20 OVERPAY 03114900000 94105/02-0136 LACY, JAMES A GREENWOOD DR 361,20 OVERPAY " 12640700000 94/05/02-0183 IBM CREDIT CORP 992.12 OVERPAY 11703100000 94/08/02-0197 CMH PARK INC E MCKINNEY ST 1.31 OVERPAY 91 --nw r~na-84„y4 ^"~APAV - 14 t 00000 f. 06-0 H RAY BROOM LAKE ° 91312400000 94/08/23.0018 CLARIOOE f1NAN0E CORP DEN.TON'TEKAS 31,00 OVERPAY 03046000000 94/06/24-0021 HUTCHISON, ELLEN J CHEBI LN - 7,63 OVERPAY 91260900060 44/06/27-0027 HIDDEN OAKS LEARNING ACADEMY TEASLEY LN 1.31 OVERPAY 1474750VJ00 94!06/27-0064 GODFREY, WILLARD LYNHURST LN 181.22 OVERPAY 5033420J000 94/65127-0086 BEAUCHAMP, RICK L TEASLEY #239 L 26.75 OVERPAY 61167400000 94/06'28-0018 EPPS. PATRICIA TEASLEY #369 L 3,00 OVERPAY 03J88700000 94/05/16-0051 BROWN, DALE 8 SCOTT ANNA ST 9.38 OVERPAY 14608800080 04/06/01-0048 BRIONES, RAFAEL P TARTAN OR 20,04 OVERPAY 02466000000 94/08/01-0086 WILL, PATRICK M 4 DAWNREE EMERSON LN 28.04 OVERPAY i1 033216D0000 94/06/01-0067 SAN MIOU£L, FRANCISCO A INDUSTRIAL BY 28.04 OVERPAY 02758800000 )4/06/03-0029 ALEXANDER, SHELLEY A TENNYSON TR 806.08 OVERPAY 10316000000 94/06/03-0036 WALKER, ROBERT A GATEWOOD DR 780.77 OVERPAY 11706800000 94/06/07.0031 WAWRO, JEFF VALLEY CREEK R 691.86 OVERPAY 03376100000 94/06/09-0024 SADEOHIAN, KHOSROW ANNA ST 73.82 OVERPAY 13533400000 94/06/10-0012 RECTOR, S 0 N I-30 234,87 OVERPAY; 02982600000 94106110-0018 HEROD, HERMAN 6 JEWELL E OAK ST 48.27 OVERPAY: • TOTAL OF OVERPAYMENTS 48,982,89 0,00 e • m c> 4 • -.1 j 1 1/ i tjNC I , l j ~ Mr t ` C • ` p Y T~~oo ~ 0 l , • Ages`t}e Ne. ORDINANCE NO. _ Agenda IItm A~ Date 3 PL. _,9f" 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. } 1 D r- (;p 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 ORDAINSs SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items; BID ITEM NUMBER NO VENDOR AMOUNT 1718 IA-lE TATE MFG EXHIBIT A 1718 2A-2C TATE MFG EXHIBIT A 1718 3A SOUTHWESTERN EQUIPMENT EXHIBIT A 1718 3B,3E,3F TATE MFG EXHIBIT A 1718 3C,3D IDS EXHIBIT A 1728 SECTION I WESCO EXHIBIT B 1-19 1728 SECTION I TRANSDATA EXHIBIT B 20A-21B 1728 SECTION II CUMMINS EXHIBIT B • 1-3 1728 SECTION III CUMMINS EXHIBIT B 1-13 1728 SECTION III WESCO EXHIBIT B 14,15 1728 SECTION IV WESCO EXHIBIT B 1-9 • 1728 SECTION IV 'TER EXHIBIT B 10,11 • • 1728 SECTION IV TEMPLE EXHIBIT B l IOA,11A 1733 1 VAN & TRUCK $ 4,290.00 1733 2 FONTAINE TRUCK $ 21734.00 1733 3 COMMERICAL BODY $17,246.00 1739 ALL INDUSTRIAL DISPOSAL ;17,123.00 SUPPLY • AjcinliNo,..( r' -LL SECTION Ir. That by the acceptance and ap2Ykv numbered items of the submitted bids, the City acc~'eptsjt e f the persons submit ting the bids for such itA61 as o purchase the materials, equipment, supplies or services I;~O accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM= MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • • p 1~^111f7{~0 95 BID N 1718 - EXHIBIT A Ut~aa 1. FRONT LOAD CONTAINER ITEM VENDOR UNIT PRICE A. TATE MFG $ 289.00 EACH B. TATE MFG $ 356.00 EACH C. TATE MFG $ 473.00 EACH D. TATE MFG $ 535.00 EACH E. TATE MFG $ 527.00 EACH II. SIDE LOAD CONTAINERS. ITEM VENDOR UNIT PRICE A. TATE MFG $ 230.00 EACH B. TATE MFG $ 254.00 EACH C. TATE MFG $ 283.00 EACH III. COMPACTOR EQUIPMENTS ITEM VENDOR UNIT PRICE A. SOUTHWESTERN EQUIP $5,958.00 EACH B. TATE MFG $3,901.00 EACH C. IDS $9,917.00 EACH • D. IDS $9,727.00 EACH E. TATE MFG $2,628.00 EACH F. TATE MFG $2,365.00 EACH fla 11 SID 1728 EXHIBIT H SECTION I. SECTION II, t~~k ITEM VENDOR UNIT PRICE ITEM' VEN 1. CUlMIa. CO M3. 26.50 3. CI1l911 6.~ 1 130.00 5• w~9m t 130.00 SECTION Ill. 6• M~Cb J 150.00 1.- 1 cW1lkD 1 x1.96 7• Mssm $ 117.00 2. C01MIk6 1 27.96 0• wum J 197.00 3. Ct61163MD $ 27.94 9. MM6m $ 1117.00 1, C16k17 k1 1 39.66 10. Mk6m i 197. D0 5. Cows $ 391{6 11• MIIBCD 1 160.00 G. CLOW MD 1 53.91 17, moo $ 100.00 7• c19MIM6 $ 53.96 13. M69c0 1 187.00 e. C0l611 M11 1 53.96 16. M68m f 167.00 9. cummilm f 53.96 15. M66m 1 160.00 30. CUMIM6 t 53.11 15. MCC / 190.00 it. cu m" f 53.91 17. WPAM $ 100,DD 12. culfum _ t 53.64 in. M16cc f 100.00 13. CU9tIM6 $ 55.99 ~ 19. M98c0 $ 29.00 16. M671C0 1 615.00 ao3. Tli9MODJ TA $1150.00 15. Msncb 1 5x0.00 209. TMAMsDATA $1575.00 21A. TRAMBDA7A $2550.00 SECTION IV. 210. TRAMeMA $2650.00 1. M96m 1 26.00 2. M718m 1 23.00 3. wuco $ 35.00 6• M66C0 J 75.00 5' Moo - 1 76.00 6' M96m $ 67.00 1. Mk6m 1 69.00 0. M6600 $ 129.00 9. Irsam t 132.00 . 10. PRIM= J 635.00 100. TN KM $ 520.69 11. PIKUlw a. $ 611.00 1IA. TNIPLk t 6u.19 DATE: MARCH 21 893~~` CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: BID / 1718 - REFUSE CONTAINERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed below: 1. FRONT LOAD CONTAINERS: ITEM VENDOR UNIT PRICE A. 3 CU YD TATE MFG $ 289.00 EACH B. 4 CU YD TATE MFG $ 356,00 EACH C. 6 CU YD TATE MFG $ 473.00 EACH D. 8 CU YD FLAT TATE MFG $ 535,00 EACH E. 8 CU YD SLANT TATE MFG $ 527.00 EACH if. SIDE LOAD CONTAINERS. ITEM VENDOR UNIT PRICE A. 2 CU YD TATE MFG $ 230,00 EACH B. 3 CU YD TATE MFG $ 254.00 EACH C. 4 CU YD TATF. MFG $ 283.00 EACH lR. COMPACTOR EQUIPMENT: ITEM VENDOR UNIT PRICE A. 2.3 CU YD COMPACTOR SOUTHWESTERN EQUIPMENT $5,958.00 EACH B. 42 CU YD RECEIVER TATE MFG $3,901.00 EACH C. 30 CU YD COMPACTOR/ IDS $0,917.00 EACH CONTAINER I), 20 CU YD COMPACTOR/ IDS $90727.00 EACH CONTAINER E. 30 CU YD OPEN TOP TATE MFG $2,628.00 EACH F. 20 CU YD OPEN TOP TATE MFG $29365.00 EACH Total annual estimated award is $170,000.00. A SUMMARY: This bid is for the annual contract to supply refuse containers for the ' • • Commercial Solid Waste Division. The containers will be purchased only on an as needed basis over the next twelve months, Section 1 and 2 are awarded as a group so we can combine requirements to all for truck load shipments eliminating freight charges. • m • CITY COUNCIL REPORT 5 MARCH 21, AGE 2 F 2 995 '✓r BACKGROUND: Tabulation Shoot PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Commercial Solid Waste Division and heir customers. FISCAL IMPACT: Purchase of these containers will be funded from Motor Pool lease funds. The using department will reimburse Motor Pool over a 36 month period. 4esu IIy aub Harre ger L Approved: Name. Tom S iaw, C.P., Title: Purchasing Agent 581.A0l1fDA • ..~..~•r.._~.,,.~,.'y., • ~.+...r _wMWSr+'nt.. Joni.,.. 1 ; • • k° `.~I1i 3 Y~~~~w~h FMfi~~f{~Y~C~~i.Qn,~i • • • ._._.i ..n i.-.-~r..n.. r.... ~ N N4MAlYC,iYS q4 ~c I ME REEFUSE CONTAINERS FUQUA MAY TATE IDS SOUTH ADVANCED r ENT. FAB MFG WESTERN WASTE " DATE O FEBRUARY 2, 1995 EQUIP F' TTTY c, Iy 1ri FRONT LOAD CONTAINFIRB f 1 7 CUBIC YARD $347.00 $391.00 $266.00 NO NB NB t '-1--°-- - - 1 4 CUBIC YARD otoo 7 -FIB-'- - - C 1 _ e cUSIC YARD 53 . 70. _ *473.. _ -FIB Ffi3 -A$ D {___.____-S CUBIC YAAD PLAT _ 6 00 iE ._____P CUtlIC YAAD SLANT 1NB I12. BIDS LOAD CONTAINERS A 1 I C U S i c YARD $208.00 $288.00 _,$230.00 NS $220,00 NB ;B 1 3-cuelc vngo X262.00 _ 913.00 230 ~N~----~- 40-.00 ---FIB-~--- j C 4 CUBIC YARD - $327.00 68. 3. COMPACTORICONTAINSK I ROUfPMSNT A. 1 73 CUBIC YARD COMPACTOR NB No ~NB_ $7022.00 _$81666.00 $5836.20 f fB. 1 43 CUBIC YARD OCTAGON- - _ _ RBCBIYHR NS 43y601.00 X660,00 $4,12600 021.00 668.00 (r'. 1 70 CUBIC YARD BELP- _ CONTAINED COMPATOR-__-D__M9_-___- NB__._ NB_ $61917.00 $11 666,00 -$1163,16 D. 1 30CUHIC YD KELP -CONTAINE COMPACTOR-_-__ No NO NO $0,727.00 $101871.00 $10,626_00_ - - - - 30 CUBIC YD OPEN TOP CONTAINER NS _ $3,124.00 $2.629.00 _ NB 308.00 x780,80 F. 1 20 CUBIC YD OPNN TOP -CONTAINER -N B_-__-- __RM"o.00 2x985.00 N9 712.00 146 60 • • w • S~.QL DATE: MARCH h1,,1995 ~~II CITY COUNCIL r LTORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID#1728-ELECTRIC METERS/CURRENT TRANSFORMERS/ METER SOCKETS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder meeting specifications, as follows: SECTION I. SECTION II. ITEM VENDOR UNIT PRICE ITEM VENDOR UNIT PRICE I. WESCO $ 37.50 1. CUMMINS 1 301.00 2. WEBO0 f 149.00 2. CUMMINS j 614.00 3. WESCO 7 26 50 3. CUMINS 7 362.00 WE8C0 ! 110.00 s. WESCO 110.00 SECTION III. 6. WESCO S 150.00 1. CUMMINS j 27.94 7. WEeC0 7 187.00 2. CUMMINS S 27.94 8. WE8C0 1 187.00 3. CUMMINS 7 27.94 9. WESm 1 197.00 4. CUMMINS 7 30.46 10. WEBCO 7 107.00 5. CUMMINS $ 39.46 11. WES CO 7 160.00 6. CUMMINS 7 53.54 12. wr8a) 7 180.00 7. CUlMt NB 53.64 13. WESCO 7 187. OD 8. CUMMINS 53.84 14. WESCO $ 1A7.00 f. CUMMINS ^j 53.94 15. WESCO 7 180.00 10. Cu14Y1 NS 3 53.94 )6. WEB CO 1 180.00 11. CUMMINS { 53.84 • 17. WESCO 7 180.00 12, CUMMINS j 53.84 B. WE19M 1 180.00 13. CUMMINS 55.89 196 WEBM 7 29.00 14. WESOO 7 445.00 20A. TRANSDATA J1450.00 15. WESCO j 520.00 10B. TRANSDATA 71525.00 • 20C. TRANSDATA 71575.00 21A. TRANSUATA 72550.00 218. TRANDDATA 12650.00 j i • • w CITY COUNCIL REPORT7 MARCH 21, 1995 3Y PAGE 2 OF F 3 G aq RECOMMENDATION (CON'T).' SECTION IV. ITEM VENDOR UNIT PRICE I. VESCO j 21.00 2. VESCO { 27.00 7. VESCO { 75.00 1. VESCO { 75. OD 5. WESCO { 70.00 6. VFSCO ; 67.00 7. VESCO { 68.00 8. VESCO { 129.00 9. VESCO { 112.00 10. PRIESTER { 475.00 10A. TEMPLE { 520.68 11. PRIESTER { 611.00 11A. TEMPLE { 681.48 This will be an estimated annual purchase of $117,659.55 sUr7NARY: This bid is for an annual price agreement to purchase electric meters, current transformers and meter sockets. These items are used by the Electric Metering Department and are stocked in the warehcuse inventory. These motors, CT's and sockets will be purchased as needed to replenish warehouse stock. Seven (7) bid proposals were received in response to nine (9) bid packages sent t-) veudors. • BACKGROUND: 't'abulation Sheet, Memorandum from John Gandy dated March 19, 1995. i PROGRAMS, DEPARTMENTS OR GNOUPS AFYECTED: Warehouse Inventory, Elect,-, lc Metering Department, Utility Division, Electricity Rate Payers. O FISCAI. IMPACT: Warehouse Working Capital for 1995 and Budgeted Funds for Electric r ~ • ! Metering for 1995. . 1 { • m~ • CITY COUNCIL REPORT MARCH 21, 1995 PACE 3 OF 3 Respe Sully sub ! ed: L o . Harrell City Manager `Prepared: Na:,w7 Denise Harpool~ Title: ^n.ti~r Buyer Approved: ~ I Neme: Tom D. Shaw, C.P.M. Titlo: Purchasing Agont 7Bl.ADENDA • { 1 s e e r S 13 E ELECTRIC METER, CT AND WESCO TECHLINE PRIESTER POLELINE CUMMINS TRANSDATA TEMPLE METER SOCKETS SUPPLY ELECTRIC SUPPLY INC INC. t PAGE 1 OF 8 i ; OA FEBRRBCR1oN'i l - - --J ~ METER SfNC~PY~-IA-B Ra, HL A99100 $37 50 NO BI6- -~~07~f,Sp N-~pjpl I NfeO^p p ~aglD~ ~ ~~l~I t,66 f ~~10~ 7 ♦ 1 _ --_120 VOLT, 3N CA 1374 C10 730X 070167 •F 2. 10 METER SINGLE PHASE DIIMAN D, 1 r CLASS 100, TH9'1 AMPP.A N9 I1, 4 1 120VOLT, 2 WIRE SINOLH PHASE, RHOISTHR S X 1 CLOCK 1119,00 NO BID 1178.60 NO KID NO BID NO BID 0164AJ PR I!PHAAH❑ { X 1 ACCEPTABLE PAJ00000 73301 710X071161 # i 100 METRE 31NOLP PHA9R, CLASS 200 11n VOLTS 11630 NO RID $28 27 NO BID 111.15 NO BID 138 S/ (.AT 6 3J 70010010 _ 96000 _~-91010056 W 710X O1000t 1. !0 MRTEA SINOI.H PHASE DEMAND, CLASS 200, 210 VOLTA 1130.00 NO BID 1143.03 NO BID 111100 NO 010 11118.3 J. CAT.0 PCi 20060 7$706 {63 010600-0000 720X011913 1 {A -i uPLHCSRVNIC MATER KN/dWH 1130.00 110000 _ `-----~"1 {117.00 CAT P PLJ 20000 NO BID 29001 _ NO BID _ 63040f00-000D NO BID tl PT IONS j 1 f PO WP.R FACTOR C[NCIDRNTAf. 1493.00 NO BID NO CHAROR NO pit) NO BID NO BID NITH KW PEAR C:ATP PCJI3000 STANDARD -WITH 2 PVL9H IN 1T1A1UR 163 00 911E NOTES l1f 1.00 CAT • iC 11221003 ND Blb9HEBT NO- BID-- ~e30/76011`60000 .`HD BID . J MULTIPLE T.V U RAiI!NI 019TH 0.8 !111.00 $818 MOTHS II - [ AL 0 PC32 000 NO BID SHSHT NO BID 1660{0600-0000 NO BID { LOAD PR OPIL 6713.00 SHE MOTHS 8103.00 1149 73 CAT ♦ PC1110AO NO BID $HURT - NO BID 70101100-0000 NO KID 711X003011 3 REACTIVE RVAN21. 1330.00 11,13, CAT A - PC332000 NO BID NO CHAROR NO DID NO 81D NU BID 711X066001 11 3 31 MISTN0. 91NOLR PHA90 INSTRU MHNT DR MAN D, CLASS 20, 1130.00 NO BID $171.80 NO RID 161.00 NO R1Q 1J1f,OD 1/0 VOLTS. CAT0 PA216000 13302 9101-0066 710X07.37{0 - - SA i RLHCTRONI(: MRTHR 11JD.DD 1800.00 1163.00 _ H~CAT I PA220000 NO BI❑ 10631 NO RID 65110600-0000 NO BID e i 1. PO WRR~PAC'TOR COINCIDENTAL 103.00 NO BID NO CHAROH NO BID NO KID NO sib KITH KW PBAR CAT 6 PC221000 STANDARD 1 PI11911, IN ITUITOR $63.00 SHE NU789 1117,00 CAT 0 IC 11221001 _NO all) SHEET HO BI0 63143600-0000 NO BID _ 3 MUL If PI.1 TAU AA I'll, It FIO iSfHRB, 111300 SHE MOTHS 117100 CAT I PC 237000 HUMID 9HBET NO B10U0600-0000 NO BID 4 LOAD IL.N. SER NOTR8 113100 13000 CAT T 0 / PC 12100AA0 0 NO BID SHEHT NO FID 71/0800-0000 NO BID 711X006021 97 e S APACTIVP. AVARR 13.3000 NO CHA0.OR $1,134.13 CAT I ~_PC 222004 NO BID __19TAND ARb NO BfD_~ NO Rltl NO . RID 71]X016 II --_._._J e o ORION ' A p • A BID - ~2S - - - - - POLEUNr. P ' BID V M PA EESACI~T8AND YVESCO TEGHLINf PRSUPPLY IESTER ELECTAIC j SUPPLY S TRANBDATA TEMNC. OPE _ 3EBRUARV 21 1996 #S}7IFgSN --DlSE_~_VE~bbA_- YI~Oii - VEIaR -~VE~bR~ - -tlAR6zSA 6 Ul 91NU(.H poi AS 9 DHMAND - , - ~.L Si00 ? WIRP NI..]WORK , $ISO 00 6210-60 1219.00 !20117 120 Yol T9 CAT A PC 200000 NO BID 32006 NO 910 3_6 8 0600-0000 _ NO BID 700X 09)216] _ - - !21900 6AI. PI PC 10.ONIC MRTN0. 317000 160000 [W/K WP CAT 0 PC 200000 _do 91D J 19901 NC RIU 36N0600-0000 No-SID I, POWER FACTOR COINCIDERTA4 1161 00 NO BID NO CHAROR NO BID {477.00 NO BID _ WITII KW FHA[ CAT/ PC 2UJ000 _1f STANDARD 16110-600-0000 L. PULSI! INITTAto0. 167.00 NO BIU 9138 NOTES NO HID 1371,00 NO 9IU 'i CAT # IC11221001 931NA'C y6 ' 81600_0000 3. UTIPI k T O.U RATP 0.E.0I9TRR9 ili6 OD SUN NOTES 1229 00 1 CAT / PC 201000 NO M BID _ 913138'0 NU fllU 661306000000 NO B1o 4. LOAD PROFILE, !34{.00 } SHE NOTES {266.00 1376.03 CAT 1 _ FC1040AO NO RID SHHRT NO AID 3.76E OR00 0000 NO BID 700X091222 REACTIVE KVARII 130100 NO CNAROY 647100 311l/1A~ _CAT PC203000_ NO HID9TANDAKU _ NO BID{16130-600-0000 NO HID___,__ 116%016001 7 1 23 MRA THREE 200. PFIASH bHMAND CLASS 100 / WIRE DELTA. J117.00 NO N1O 1310.60 NO BID 1l1j 00 NO BI h b !191.6/ 210 VOL CS SAT/ P3300000 32040 9401-1611 0D%0 P.LHC T0.ONIC METE R RW/K WH !16700 !600,00 9319.00 7 B1D CAT f P3300000 NO BID 29971 NO Bit) 114 140600-0000 Nb OPTIONS f. POWER FACTOR COINCIDENTAL P3301000 NO BID NO CHARON NO BID 147700 NO BID ' -!f WITH KW PRAK CAt* 161500 BTAND A R 0 144 M0400-0600 I 1. i PULSE INIIIA7O R, 163.00 91111NOTBB 1274.00 '1111100i NO BID _ _SPURT NO BID 144MIROO-0000 No RID 3. MIJLtIPLE ].O.U DATE RHO I9TR R9 {211.00 B6R NOTBB- _ 1 ! 219 00 CAT ♦ P3301000 NO Alb _RHEBT _ No BID 264 M0600-0000 NO BID 1. 1 bAD PAOPII N 1410.00 RHA MOTHS"_ j - - CAT 0 P33010A0 NO BID SPURT NO BID 174MOR00-0000 NO Rib 711%036206 O {1 1100 16 3. RPAC TIVN [VARH, NO CHAROH _ - 1477.00 {I,lJ4.U CAC _ 1,)30]000 NO BID BTAN DA RD NO B]U 741140600-0000 NO Bib 116X166 y, 0 i 20 MHTPR 'CHRPP I3 )PH ASE INSTRUMENT DEMAND, CI A89 20, 4 WIRN DELTA 140 VOLT $16700 1210.60 $210.00 1202.66 y CAT 0 1,3200000 _ No HID 31031 NO BID 31920600 0000 NO Bib 001X017410 6A NI Il CR (]N IC ML7 E.N - i 117 00 1600 00 1219.00 3743.00 R W/R W11 CAT # P3200060 - NO-"ID- 29610 No RID 11910600-0000 HMSIONOOS2 fl.- PTIONB 1. POWER FACTOR COINCIDRNTAL 161300 NO CHAROR 1177.00 INCLUDED W ITH K W PEAK CAT 0 ( 1,73030 U0 NO BID STANDARD NO RID 74920600-0000 i PUI 91,. INITIATOR, -'i 363 OD BER MOTHS 137100 1773.00 CAT 1 IC 11221001 NO Blb SHRBT NO RIO 7 3911600-0000 RMSJON091218 3MULTEPLR T O U. RA7H RROI- STR R9 !211 00 - --.i BAH MOTHS 1129.00 } CA7 I 1,/101000 NO BID 9NAET _ NO AID 16920600-0000 _ INCLUDED _ LOAD PAnPI[ H 1110 DO HER MOTHS 6161.00 - 1_ $820,00 1191 16 y CAT 1 P72010A0 _~NO N1D BHBET NU RIO 17930 800-0000 HM93030091 _ 7U%039106 ttt___ J. RI ALTIVH [VARkI, 141300 MO C31ARbH - - I 0171.00 11 131.1! NO_Blb BTAN UARD NO,BID __71920600-0000 INCLUDED 711X116 ' A a • GI • r • $10 EQTRIC METER, CT AND I WESCO TECHLINE PRIESTER POLELINE CUMMINS TR ANSDATA TEMPLE METER SOCKETS SUPPLY ELECTRIC SUPPLY INC INC. PAGE 3 ARY OF 9 RU~ i I P , ~ER - DE3~R~b7~ - - -VEI~76aR.:_ _~VE~if-` -_VfF~Sp ~?EFI6(SFC; "-=~T76~"'- `_Yr?A vVEA6aR_ _ SECTIONS 9 I ) P.THR SINGLE PFIAbN DEMAND. NO PRODUCT LASS 200 3 WIRE NETWORK 116700 NO RID 1310.60 NO BID 2119.00 NO BID OPPRR N]NO AT 240 VOLTS. CAT I P3300000- 31000 23P0600-000 _ _ THIS TIM"___j 9A LHCTKONIC MUVER KW7XW11 {111100 1000.00 121900 CAT 11000000 NO BID 19903 _ NO BID 7160600 000 NO BID BAMN A89 '~i OPTIONS _ NO CFIAROB '1'. Pb -Wu- . 1 WITII KW li 2 i SP [NIi IATR {6300 SHE NOTES f27 Loco PI11 AT lK NC ATI~N TAL IC ~122100010V NNO "Ir) O RIDSHE NO ES _ Nb RID 371188160010000 _ _NO NID SAME SAME A69 _ ~ ~ ..J~ l MULTI PIF T.O.U. A711,~ 19TNRS--- - 113 3 0 11 1245.00 SEE NOTES 1229 " 00 TR9 NO BIU 1268806012/8.00 --NO BID SAME -.A 9-9__I , + Ill{ 1 1 01 0.00 NO RID.__--Still BERET LOAD PHOP ( A7 / _ P33010A0 NO RID _ BHRRi NO BU1 378 E0_Y.GO-GOOD NO BID SAM H _AA _0 3. RLACTIVR RVARH CATI 1,!302 1004130-_00 _NO RID-'- NO CHDAARRGDE NO- DID 746H0 {6004-707.00 000 _ NO BID SAME 139168 II 10. 2l MtlTBR THt Eft PHASN DRM AMU, CLASS 200, 120 VOLTS, 4 WIRE WYE. 1167.00 $11060 i CAT. 0 - -P3300000_ NO RID 32040 NO BID 253 8 03 6 00-0000 NO BID 701%016410 'LOA. BLPC IONIC MLTRR KWIRWH 1167.00 160VA0 3!19.00 CAT 0 11]]00000 NO BID _ 29913 _ NO RID 232RO5600-0000 NO BID ' _.r it 1. P0Wtl0. FACTOR COINCIDtl NTAL 1611.00 NO CHARGE 1477.00 _ WITH KW PEAK. CAT/ P3305000 _ NO RID STANDARD NO_RTO 74tK0600-0000 NO RID ' I.. 2. PULSN. INITIATOR, 263 00 StlE N0 7B9 6271.00 C11231001HO BID SIIHBT NO 81D I53R16DO-0000 ^NO. RID MULTIPLE T' O U. RAPE RH(HSTBR9 1143.00 SRR NOTES 113900 CAT I P3301000 _ NO HID' SHNB. NO BID 262RO600_0000 NO RI D______ 1. 1 OAb PROFILE, 9HN NOTES {11100 119 L46 CAT / P3Ja1OA0 A0 NO BIDBHRt;_T NO RID 112101106-0000 HO RID _ 712X021169 ' 3. RLACTIVL RVARIi, 1127.00 NO CHARGE I417.00 fL1J4.U • CATI P3302000- BID _ 'STAN'DARD NO RID 7410.0600 •0000 NO BID 716X116 I1. 1 METER THRI,R PIIASN ONETKUMRNTS DEMAND CLASS 10, 120 VOLTS, I WIRII WYE, (1 111) ELEMENT L COIL TYPE 1111000 NO RID 1210.60 NO RID 1219.00 NO BID 6293.66 CAT I P8200000 32016 25310600-0000 701X011100 r1ABLBCfRONIC METER KVGKW11, 1160.00 1100.00 1119.00 1713.00 CATI 1,6100000 NO BID 31172 NO RID 2 3 510600 -0000 RM 9SONOf 91 _ O I I. POWI k FACTOR COINCIDENTAL $613.00 NO CHA0.0B 1111,00 • WIPII LW PI AR (.AT_0 110203000 NO Fill) -87ANI)ARO NO BIb '1(310600-0000 _INCLU DEU ' 2 PULSE INITIATOR, 16700 86H MOTIFS 127100 611300 ~CAT 0 1C 11221001 NO BIU SHEET NO HID 2314t600-0000 _ BMS30N0681i8 7 MUl T'2 PI 1 f O U. RATE R8tlF911'0.9 00 56E NOT68 lr 3!19.0 W4. NOT CAT I - P6701V00 D_ NO R1- _-'-SHEET No lilt) 26340600 0060 INCLUDED 4. CAD PROHII N f410 00 SHE NOTES 1168. ,0 1135.00 2191.46 ' CAT 0 P82040A0 NO SID SHEET NO BID 177/0800 0000 6MBS090691 717%014277 3. EPA( 71 VP RVARH, 1125 00 NU CHAROR 6177 AO !t {)1.17 I CATI 1,11203000 NO 810 STANDARD NO RID 74110600-0000 _ INCLUDED 717%066010 _ f • p • • r"44m T' ELECTRIC METER, CT AND WESCO TECHLINE PRIESTER POLELINE CUMMINS TFWJSDATA TEMPLE METER SOCKETS SUPPLY ELECTRIC SUPPLY INC INC, r T1 PAGE 4 OF 8 P_ D47, FEBRUARY 21 1995 UR ESC_RI~7`I6N_ RU_. °_'VEFIDbIi gEN6bR SI€fi6ZfR VNPSbi3 -9~fT~6~_ -V€N~SR - _ J MHT d 7fI H Li PIIASH IN 9TMH F1 V t(r~' . DEMAND, CLAN 20, 271 VOLTS, 4 4 WIRH WYH (2 ]it) ELEMENT {11000 NU BID 1210.60 No Am 111900 NO BID 019266 I ( OIL TY PI CAT ♦ P620000U 31016 , IS)60M100-0000 103X011801 1 ~]lA _ _'YLHCTRONIC MET HK KW7KW1{GAIT k16000/P6209000~-NO. RIU 11000DI29613 No Bit) 19AMB A911 6717.00/HMSSDN0697 _ OPTIONS 1. POWER PAC OR COINCIOS NTAL 1617.00 NO CHARON 141700 INCLUDRD WITH KW PVA% CAT 1 P8203000 NO BID STANDARD NO RID _74360600 0000 _ 3 ~ PU1.3S IN Ii IA TOR 163.00 8dH NOTII9 1271,00 1175 AO I ' CAI 0 LC 1122LU01 NO BIU SHBST NO BID 23561600 0000 EMBSON069319 1 11 J II Mll TIPI1 T U.U BATH R80I9TH R9 7213 00 900 NOTP.3 {22900 CAT 0 _ PA 201000 NO BID 9HHRT NO RIU 263606 DE,-0000 5Y4.1 ~ _ 4 LOAD PROFILE, 1470.00 SHR No Tit A 1316.00 11 10.00_ 3. 1 P!?010007 00 NO DID___- STANDARD NO AID _74560600,0000 IN SLUDEU 11 I5 4 T )17317X 2066; All AP(8 PH ASH INSTRUMENT IJ. 1 3 METER H DEMAND. CLASS 20, 120 VOLT, SL/100 NO RID 1210.60 NO BID 1119.00 NO BID 171163 4 WIRE WYE, 3 HLHMHNT GATE P3200000 33037 10600-0000 706X016831 JI t 13A ELECT RONI( Mf TIIR KW/KWH CAT6 1910003200000 NO RID 110000139647 NO "IV NH AS 11 172700/BMS70N0981~ ' OPTIONS _ 1 POWOR FACTOR COINCIDENTAL 1617 06 NO SID NO CHARGE, NO BID 1117.00 INCLUDHD WITH KW PEAK CAT 0 P32J3000 STANDARD IAA/0600 0000 k UI.SH IN ITIATU K, 163.00 ABE, NOT09 1277100 173500 ' _ CAl_0_____ ]C1122 LOOL NO RID SHNHT NO BID 23A71600-9000 SMSSON096116 ] MULTIPLE 1 U.U AA7N RSOISTR K9 3245.00 9HH N0T03 1119.00 ' ' CAT 0 1`3101000 NO BID 9H HRT NO RID LOA706O0 0000 INCI.U DHD I _ - _ . C 4 LUAU PROPILII, 1370 00 SEA NUTHS 1111.00 1100.00_ 6514.14 C1 0 P32040A0 NU AID 93-K1T NO RIU 27A70H00 0000 P.M9S 0809 SI 713%OS 1367 I 7 RHAC I'IAVF4 RVAR11, 1323.00 NO CHAROH 1177,00 /1.,114.11 L _ _CAT 0 P3302000 NO BID STANDARD NO BID 11A7O600-0000 INCLUDSI) 111X166 a 14. iJ I MHTBA r"RUR PHASE INSTRUMENT JDHMAND CLASS20,177 VOLT,SOCRHT YPS POUR 4 WINN WYH, J BLHMRNT, 116100 NO BID 1110.60 NO BID 1219.00 NO RID 1300.00 CAT ♦ /`7100000 ]2071 23 A90600-0000 1060161/7) L4A P.L HC.7R ON1C METER K W!K WTI, CATO 7111 00/1`J 200003 _ NO AID 3600.00/19639 NO SID SAME A9 U 6711.00/R MSSON 0993 OPTIONS _ 1. PO WftR FACTOR ( OINCIDHNTAL 1617.00 NU CHAROR $477.00 • ; W1711 KW PEAK CAT ♦ P3205000 NO RID STANDARD NO BID 74A90600-0000 IN_CI_.UDOD 2. P1119E! IWI I IA70, 963.00 SIKH NOTES 1171.00 1175.00 CAT 0 IC11221001 NO SID 9HUET NO I ISAII600 0000 OMSSONOPS319 ' 3. M 0111111 Tll.ll NAi Y. KP.OIS1fSR9 1247.00 9111 NO7IIS 6339.00 • - CAT 1 _ PJ201000 HO AID _ 9HH0T _ MU _01D 16A 1`0600-0 0 00 INCLtJpRp _ _ _-___i • 4. LOAD YR OYII•H. 6110 00 S8N NOTSA 1216.00 (130.00 Nb/19- CA[ R _ P31010AO _NO_BID _ 9H_0Rt _ _NO HIU RFAC IIVH KVAAII, 112300 NO CHAR(I II 147700 lt, 174.13 13 1117X31766 3 1- 0 PI202000 CAi _ _NO BID STANDA R D NO INTO 74A000QD-0000 - _8 MCLUORD f l i • O • • LECTRICMETER, CT AND WP.SCD 7 TRCHLINP-TSUPPLY PKIRBTRR POLRIANE CUMMINS TRANSDATA~ TRMPLH (7~` METER SOrPETS ELECTRIC RI.HCTRIC INC INC PAGE 5 OF B Q FEBRUARY 21 1 995 VRNUOR VIJH DOa _ ,YpNnON -V FSNIJbR VI•N OOI~-- _ VENDOR VH-NDOa 1 4J RR8714! P. PHASB INSTRUMENT-- tlHMANU, CLAS920 3 WIRE, 5160,00 721000 1219.00 $27077 120 VOI T RATIVOCAT 0 i P2200000 NO BID 33000 VO BID 2528n600-0000 NO BID :OSC005733 i3 1 _ TR0 NI( METER KW/RWH CAT A 11600011`2300000 NO 1311) 1600.00529652 NO BID SAME 4913 7700.00!6 M930N 0391 OPTIONS C1 l POWER FACTOR COINCIDENTAL 1613,00 NO CIIAROE {117.00 I Wlfll KW PEAK CAT ♦ P2303000 NO BID STANDARD NO BID 7/260600 0000 INC LU DRD - j 2 pU LSE INITIATOR, $65.00 SHE N0TR9 9371.00 1730 00 CAT P 1C31221001 NO RID _ SIIPHT NO 610 23261600 0000 [JM970N 055116 i. 7 MU LTIP LH T.O.(I RATI. HE-RS 721300 SHE NOTES {2]900 , - [LAf • /`2201000 NO BID SIIHHT NO BIU 26160600 0000 INCLUDED 7166.29 4 I LOAD PROM[ I 1110 00 SEE NOTES $209.00 1175.00 CAT I _ P33040AO NO RID S14HRT NO BID 27200800 0000 HM530S381 113X001231 3 RRACTIVR KVAKH, $425.00 NO CIIAKOR 1177,00 {1,131.431 r _ O Bin _ STANDARD NV SID I 71160600-0000 INCLU DR0 _ 71_7_X_016007 ~ _ _ _CAT ♦ _ /`1202000 N Sf•,------ METER TIIRATiN10A CATN/TRUMENT 60 202000 0000---32 oil 9 631 ~ NO Bit) 1 SAM ~ -103X003734_ 51 0 71`2318000 NO RID- _ 132460 NO BID 7H AS516000 1710.00/RMSON03S2 4]16 09 ` ~16A. Hl. CTR0NIC MT n E0A 1 W/aK WHOCAT ♦ NO A[U 1000 1. PO WBR FACTOR COINCIDRNTAI, 1613 00 NO BID NO CHAPOK NO RID 5177.00 INCLUDED WITIf K W PEAK CAT-• P1103000 _ _ STANDARD ..14300600-0000 _ - _ 3 r I 2. PULSE IN[11410 k, 165 00 NO BID BBE NbT EB NO BIn 127/00 17e0.00 CAT O 3C2121001 911661 2.701600-0000 HMSSON035213 _ _ f 7. MULTIPLE. T.O.U RATE- RB-OISTHRS 1313.00 SOB NOTES !229.00 _ CAT 0 P2201000 NO BID _ BRENT NO 1131) 26300600-0000 INCLUDED ' 4 LOAD PROPILP., 1410.00 988 N07H9 1366.00 {79540 f1ee.26 CAT # P2204OA0 NO BID 61IEHT _ NO RIU 273001100 0000 OIISSOS0391 113%OOS 711 1. RRACTIVR KVARH, N23.00 NO C1IAR0B 7177.09 it 116.13 CAT / 1`2302000 NO BID STANDARD NO BIn 74300600 0000 INCLUDED 117X016003 ` 17, 4 METHR TII It HR P11A9R INSTRUMENT NO BID NO RID NO SID 1729.16 DEMAND CLASS 30 7 WIRE, 460 VOLT 116000 7210.60 1210.00 101%003733 RAfINO CAT 0 1,2300(100 31001 21320600 0000 (1A. tlLRCTR0NIL ME'f BR KW/K WH CAf 9 1180001P 2200000 NO RID 16/6.60!19677 NO BIT) + SAMN 491.7 1710.001E k930 NDSR/ _______O PTIONR 1. POWER FACTOR COINCIDEWIFAL 1613.00 NO nil) NOCHAROR NO BID 1177.01 INCLUDED W ITH K W PEAK, CAT • 42207000 STANDARD ?4320600-0000 y~2 I PULSE INITIATOR, 16!.00 SHE NOTES $111.00 1710.00 • ' CA7 P _ 1Cb122100I NO BID 9HBET NO BIO 23 321600-0000 RM930N03941S , M111. TIP! P T 0.17 RATE RBUI6TERH 1247.00 988 NOTON !229.00 ! CAT 0 P2101000 NO BID SHHRT NO RIO 26320600-0000 INCLUDED e _ t CAT PtZ040AO NO BID _ _ T 0.IACLIVE 11 5.00 717X 01601119 . "_-3 1 KVAR H, 1/23.00 - NO CHAROR 17,137.73 1 J1 OAD AT P PILH _ 13702000 00 _THO BID_ vSTANDARD NO SID 1/720600 3707 .00 000 0 0 igNCLU DED1 II d ~...~-,...'^,~«_T'~., r.. • rte, ~.a...~... • • • NAIilE~ ELECTRIC METER 3000WT3 AND WHgCO THCfILINB P SUPPLY R HPOLKLINe. CUMMINS LBCTRIC ELECTRIC TRAINCATA TEMPLE PAGE 6 OF 8 INC A FEBRUARY 21, ~1985 - _ - - --I------ U.ES~i~Yli(]IiE P.N DO_ _R_ YtlN UOR VHDO0.~ VNNDO 1I R VISDOk VBN DOR VHNOOR _--a__. d '1 MHTPR TN RBH PHASH DOMAN D, _J OI CLASS 100, 3 WIRE NBTWORK 616000 $11060 6119001 3319.161 110 VOLTS, CAT 6 H300000 NO BID J2009 L NO qID 1331110600-00001 O B!D 701%005411 16 LHC7RON_IC M NII R K WIKWH (AT I 160.0010 SJ 00000 NO RID _ 1616 004990! NO AN ~ 9AMH AS 11 N NO H10 OPTIONS POWER pACTOR COINCIDENTAL {617 00 NO CHARGE 1417.00 I - ! WITH 9W PPAK. CAT O 03503000 NO BID STANDARD NO SID 141110600-0000 NO BID 2 PI1LS1 IN IT IATUR !0300 9HF! HOTNS {1N 00 - F C AT 0 No "in No sit) NO BID ~ MUL iIPl P. T OCA6 ITp.--R, 80 [STN RR 61243 410.00 00 6SHIiH MOTHS MOTHS P7301000- _NO BIDSHORT NO BID_ ~26 1100001f0000 NO BID LOAD PROPILA 1 7 R VA C T I V R % V A R H, B NU RID 1731IVE00-0000 NO BID 712X002107 -h 6177.00 /1,17113~ ! 07303/33.00 HO HID NO Cf1ARO GAT 6 73702000 NO BID 9l'AN DARD NO BID /1H 10600-0 0 00 NO BID 1i1X 011 1924 M 8TBR THREE WIRE SECURITY TYPE 1 CLASS 300, 3 WIRE, 240 VOLT RATINO ~Y ITH UNI- DIRHCITONAL CLOCK TYPE 929.00 NO BID 63640 NO BID II NO BID NO BID 1/6.71 SS 01 96211 720X BN86T L- NO BID - NO BID -`01, -430A0 ;/10597-3{ 20 ,01/ NIRB q,~R9 NO ID - NO BID PR 18. F FOA THREE HHLEMSHTNTCOILS, / 120VOLT, 10 AMP CUR R BNT COILS, NO BID NO BID PROPOSAL NO BID NO BID 31,1l70 6!,631.14 WA6THOURSVARII(UR1LAOL_ BHHBT 130C.( THEME PLRMHLNt, JO / WIRE WYE. 277 VOLTS, IO AMP CU RRRNT COILS NO BID NO BID PROPOSAL NO BID NO BID 61,373.00 61,671.14 l1A. SIX 0LE8MEET, lD 1 WIRE WYE. 120 VOLTS, 30 AMP CURRANT COILS. LI I( POWgR NO BID NO 010 NO BID vv-- N T"OUR S. VA HF1UR A C'1'OR C01NCIDNRTAL WITH KW O plD - NO BIll - 32,330.00 - NO BID PEAK 2IB~ SIX SLHMENT. 30 4 WIRR WYE, 1177 VOLTS RATED, 10 AMP CURRENT COILS, WATTTHOURS,YARHOURS NO Bit) NO BID NO BID NO BID I NO RID 32,{50.00 NO BID (LAO) POWER FACTOR OR + COINCIDRNT'AL WITH KW PEAK CAT. SOCTfow it • L. 4 11 MHTHR,SINOLH PHASE DEMAND, 240 6501.00 ! VOLT. 3 WIRB. BXTPNDRD CURRENT NO BID NO BID NO BID NO BID 6!06 0600-0000 NO BID 111111192 • MINIMUM CLASS 730 RATING CAT/ 17704 -11 73UX011991~ t. 1 MNTP.0. ] PHASE UNMAN 0,120 VOI. T, 1414.00 4 WIRE WYH, EXTENDED CURRENT NO SID NU BID NO BID NO BIU S6ROM1OO-0000 NO BID NO Pilo RATINO MINIMUM CLASS 320 J / 17707-61 r M _.__ET_E R J P_HA_- S _ ED R K CA N D_, 21 0 VO LT, 6)62.00 1 WIRE DHL'iA P%tR NUHD CUk RRN7 NO Hlb NO BID No BID NO Blb SSMae00-0000 NO BID NO B10 _ j I RATINO MINIMUM CLASR 310 __r 41101-6) J • w 0 t NAM ELECTRIC METER, CT AND S METER SOCKETS WRSCO TBC HLINE PA IRST RR PO L EI.INB CUMMINS TRANSb RANSVATA TEMPLE PAGE 7OF 8 SUPPLY RLRC7 RIC SUPPLY INC INC FEBRUARY 21 1996 - - - OOR VIINDOR VHN DOR VEtNtl OR I VP.N DOR VHkbOR VHN DOR SUCTION C5 URRUNI TRANSPORMPIR 100 3 RA71 J017126A90011 ,I 238/92711001 /1170/92311001 129.10119dR j 121.90191K -I NO RID --55917/770X01220 E 1 \.(IIRRN NT TRANSFORMER: 3005 RATIO 13WI326A900 k2 11J6/92J11002 I1J530/92J71002 1619.40030K 321,911130K 7 NO Hit) 639271130%0!2201 ~1 ! I 1 UR R11 N7 TRANSPRMPR 9007 RATIO ]{30/71/6A90U]J 136/91l11D03 336,92151003 1296011!16 127.9(/3l1R ` NO HIU 139271150X01220/ / 1 CURRENT TRANSPORMI R: 1001 RATIO $45,00 1145,00 $41 .13 619 SO 17616 139.37 j 2 JA- WI 1DOW _ 1160AS0003 92)32011 _1 937!2012 10{_ 101 NO BI1) 130%033717 111 1 r It GVNRCNT T0.ANSFORMPR _ 100:3RATIO 145/1160A 10(103 {/50927510198 /115391152018 I41,09/I 10 13816/110 NO RIO ~S91.10507(017311 1 6 CUKRPNT 1' KANBPORMHR'~600VOLT $57.00 151.10 $5100 153.81 $65.83 OVHR BUS311NU TYPR200 3 RATIO 7524A/5001 NO QUOTE P! 373010 601 601 NO BID 770X036202 7 i 11 ~ CUR RRNT'fRANS POR M13 R.600V OLT 85300 169.00 (57.10 35+00 1771+ {63.15 O VPR NVSIIINO IYPB 700.5 RATIO- 7714A73003 _93!73011 173071_ _ 603 602 NO BID 710X03620) 8 1 71 CURRRNT TRANSPORMEK:600VOLT ! 57!00 169.00 17T.10 151.00 113.81 J6Ld! 1 OVHR HU4111NO TYPE 100:7 RATIO l{ 777(A 13_003 92733001 711001 _-607603 NO 1110 150XD36264 ; 9. 12 CURRCNT TRANSFORM11W600VOLT 136.00 169.00 157,10 136.00 133.11 163.031 j OVAR AUSUIN0 TYPH 600:1 RATIO 7324A71U01 92733007 93337007 603 603__ NO RID 750X036206 10 12 CIlR 0.RNT TRANSYOR MKA:600V Ol.T !76.00 269.00 1!7.10 356.00 /53.81 lef.11 OVE0. R(1SIIINO TYPE 800,5 RATIO 7524A'/5005 92751006 92/1300/ 6D6 606 NO RID 730X076208 . 111. 6 L' U R R P N f TR A N S PDR MP. R:600YOL T {56,00 169.00 IS/,10- 15800 133.11 165.83 OVP.R RUR111N0 TYPE 100011 RATIO _7724A73006 92!73003 93373001 607 _ 607 _ NO BID 730X036230 12. _ 6 C V K R R N T T K A N S P O R M E R: 600 V O L T 162.00 169.00 137.10 178001 177.81 161.17 OVER BUSHINO TYPE 1700:5 RATIO 7524A 15006 92)3!007 _ 91711007 609 600 NO BID 730X036115 ' f.. - 11 7 CIIRRENT TRA NSPDR MR K16D9YOLT J6300 17700 117.10 16100 15319 263,83 OVER RUSHINO TYPE 10001 RATIO 1524A73009 92335000 _ 02$35$006 _ _410_ _ 610 _ NO BID 130X_036220 VOLTAOF, TRANSPOR MHKA1AN51 CCl1AACY CLASS 6J TURD BRUDRN Z I/U,66 NO Blb NO BID NO BID NO BID NO BID 1166.36 I7 6 CUR RBUT IRAN RPOR NERI ANSI ACCURACY CLASS 0.1 THRU B 0.3- _ NO AID NO BID` NO BID NO BID NO BID A. 2$130 > 17 -20-.0 0 NO R]D NO Blb NO BIU NO RID NO S1D 7316,71 e. _ )011(10 ! 1120 DO NO R]U NO BII) NO DID NO Hlb NO B!b {119 ~ ~ _C._ 700/200,7 1383.00 NU EID NO RID NO RIU NO BID NO BID {166,16 : 88CTION.IV • 1 100 METHR SOCKETS RINOLKSM. 200 AMP 1 THAMINAL 7 WISH OVRRHHAD TYPE COMPLUTH WITH I- HUH - 12(,00 118101 011.33 111.30 121.65 NO BID 120.91 2._..~__. 100 MR7RR ROCKETS, 0.1N(ILRRS, 300 AMP _ _ TSR_MINAI,3 WIER, UNDP.ROAOUND 133,00 126_94 126.8.0 J21.60 1.31_,1_0_ _ _-_NO. DID_ 121,91 1 100 1WESOCKRTS, RINOLRRS, 200 AMP IDR WISH WAV VNDP.R(IROUND TVPR 073.00 136.19 $36.03 13100 032.17 NO BID 161.91 1. i 30 MRiCR flOG KRTS, RiN01,E58, 200 AMP -0 BY-SPA 9 5 KAY C711 UNDO R2- HUR 113100 1163.101 $63.00 O RO UN 0 67800 _ 180,96 _186 30 NO BID 90~ _r 181 f1 _ NO BID_~~ 191.67 E If 1,60 NO RID 191,03_ • - 1p • E V , ELECTRIC METER, CT AND WESCO THCH L I NB PR tESTRA 90L8LIN8 CUMMINS TRANBDATA TEMPLE L/KV METER SOCKETS PAGE 8 OF 6 SUPPLY 13LHCTR IC SUPPLY INC INC ii FEBRUARY 21 1088 vH oR vpyu vpil~a vBN oR_.._ va a vttiH' OR 7BOTto" IV I M TER SOCKETS, RINOLVSS, 100 AMP TeRMINAL. ] WISE OVERHEAD 167A0 ___170 J! _J_ l7J~IJ 131.00 _ 167.13 NO DID 199.70 HR BOC KE 78, RINOLESS, 700 AMP v 1 RMIN AL 3 WIRE U_N DBROROUN b_ 161.00 ____171.97 191_6! is 1.00 173,!3 NO DID 317.59 METER SOCRRTS, INSTR. RATED _6 TSRMINAi. HUBLBSS _ 1129.00 1116.)7 _ 11]2_00 __NO BID ._.Ntl BID NO RID _ ~___l1 Sf_0] 26 METBR SOCKETS, RING LRSS INST. _ 13-TERMINAL HUBLESB 113L16 350.00 NO BAD NO BID NO BID i160yf3 A . , 6; METER 9tlCKETS, TRAMSOCKET TYPE TBRMINAi. 10013 RATIO _ NO BID NO Bib__ 117500_ NO BID NO BID NO BID !]0157_ r 10A. f MBTHR SOCKETS, TIIANSOCKRT TYPE ' 6 TERMINAL 6000 0.A7]O, NO BID No BID NO BID NO-SID NO BID 0 ■ID_ $326.66 11. 6 METER SOCKETS, TRANRo CKHT TYPH _ I) TERMINAL 1000 RATIO _ No EID NO BlD _ 1616.00 No BID ___.N^ till) NO BID $696.16 METER SOCKETS, TRANSOCKRT TYPP IJ TERMINAL $000 RATIO NO BID NO BID NO BID NO Blb NO BID NO BID 3$63.66 , B88 BID PROPOSAL DHLIVRRY f ♦ 1 • Q 1, 1'; ~9 ~~yr*K j"~' I~ r ~ ~I~S,lld~ij~ d~QiyjEMi~{N,S1C 'iA s A e 3 -dl -~5 1 64 MEMORANDUM TO: Jim Ilarder, Director of Ilectric [ ltilities TH RU: Ray D. Wells, Superintendent of Electric Metering FROM: John H. Gandy, Foreman of Electric Metering. DATE: March 14, 1995 SUBJECT: EVALUATION OF 11I1) NO # 1728 ELECTRIC METERS/CURRENT FRANSFORMERS/METER SOCKETS, Bids for the above mentioned items were opened February 21, 1995, at 2 P.M. with the following results. Seven venders replied with sealed bids on basically three item groups in four sections. Electric Meters, ( Electronic and Mechanical ) Current Transformers and Electric Meter Sockos. The City of Denton extends its appreciation to all seven vendors, Wesco, Techline, Priester, Poleline, Cummins, TransData and Temple. After careful evaluation we have recommended that the bid on the Electric Meters in SECTION I ( BID ITEMS # 1-19) be awarded to Wesco for lowest bid and meeting all specifications. We recommend that ( BID ITEMS #20-2113 ) be awarded to Transbata for lowest bid and meeting all bid specifications. Please note that we have recommended not to purchase electric meters equipped with the power factor option. We recommend our rate structure be changed to reactive (KVA) demand billing ir. lieu ofexisting KW/Powerfactor penalty clause. Also after careful evaluation we have recommended that the bid on Extended Range 1 M-,tcrs iu SECTION Il ( BID ITEMS # 1-3 ) be awarded to Cummins Supply for lowest bid and meeting all bid specifications In SECTION III we recommend that the bid on Current Transformers ( BID ITEMS #I- 13 ) be awarded to Cummins Supply for lowest bid and meeting all bid specifications. And ( BID ITEMS #14-15 ) oe awarded to Wesco for lowest bid and meeting all bid specifications. r • taz Evaluation of Bid Page 2 0 ~7a`? In SECTION IV we recommend that the bid on Meter Sockets (BIDS ITEMS #1-9) be awarded to Wexo for lowest bid and meeting all bid specifications. We recommend that (BID ITEMS #10, 11 EXCLUDING BID ITEMS # I OA,1 IA) be awarded to Priester Supply, And ( BID ITEMS # I OA,1 I A) be awarded to Temple Inc, for lowest bid and meeting all bid specifications. • 7 ply • oa • i KILOVAR AND KILOVOLT-AMPERE METERING vs. KW DEMAND AND POWER FACTOR oYf. ~5 The design of an electric utility system is based on the total~'~~'+q kilovolt-ampere (kva) load to be served. Kva may be regarded as consisting of two components; kilowatts (kw) and kilovars (kvar), often revenue is derived solely from only one of these components, kilowatts. The ratio of kw to kva is called the power factor. It may also be defined as the ratio of power- producing current: in a circuit: to the total current in that circuit. caw . Power Factor kw Current kva Total Current A poor ratio of kw to kva low power factor-has a serious effect- on the economic design and operating coats of a system. When power factor is low and rates are based only on kw, the utility is riot being compensated for all the kva it is required to generate, transmit, and distribute. To compensate for this, rate schedules have been established which take into consideration the power factor of the load being measured. These schedules take a variety of -me but in general they penalize poor factor or reward -d factor. The principal purj:a;' ;v,,-- rd kva metering (or phase- displaced metering ~P.neral term describing this entire category) is in its applicati,:n co the measurement of one or more of the quantities involved; p over factor, average power factor, kva, kva-hours (kvah), kilovars (kvar), or kilovar-hours (kvarh). The method used depends upon the rate, the cost. of the metering, and the accuracy required. The F,le,;Lric Metering Division request that the electric utility rate s~.ructure for our existing customers currently being billed under the General Service Large (GSL) and the General Service Small (GSS) be re-structured to reflect K.V.A. demand (Kilovolt- ampere) instead of K.W. demand (Kilowatt) metering and bl.lling. This change as proposed would initially affect 5 customers. The advantages to change from KW demand to KVA demand are as follows: 1) No programming cost associated with the change from KW • demand to KVA demand by Information Services; where as the implementation of Power Factor and KW demand would J cost $12,800.00, 2) Reduced cost for metering equipment. Electric meters required to record KWH/KW demand and power factor coincidental. with KW demand peak cost $615.00 each; • • whereas meters required to record KWH and KVA demand cost. $425.00 each or a total savings of $54,150.00. 3) A more realistic cost accounting of utility facilities required to serve customer requirements, The bottom line would be a savings of $66,950.00 versus an expenditure. 03105011 Page 1 • 3 -a.I q5 COST COMPARISON (KWD & P.F.METERS TO KVA METERS) The following figures will compare the cost differences between an electronic power factor meter and an electronic kVA demand meter, Both electric meters measures kilo-watt energy and both are software programmable. Tho two major differences between these meter types is cost and enhanced option boards. The (A1T) model that measures max kVA does not have the enhanced option board, therefore, the coat is reduced. The snAanced option board, which is necessary for powsr factor calulations, (Item 13a - 1.) also has Time of Use capabilities (atandnrd) which is not functional in 99$ of all applications. The prices will be derived from BID4 1728 Section It items 11 - 17 (particulary item 13a - 1.) electric watt-hour/watt- hour demand motors with power factor measurements at coincidental peak demand, and compared to quoted pricee from the same vendor (ABB/WESCU) for kVA demand motors. 1. Powor factor meter, with WD demsnd, 120 volt 3 phase 4 wire wye class 20 demand, modei ASR: $615.00 2. LVA demand metier of same wiring form, (A1T) $425.00 i $615.00 kWD & P.F. $425.00 kVA j $190.00 difference j a s s 0 Page 2 ~ .......~..r.~:.~... a.... I1 . ~i,:, < ,YC .y • r y a 0 0 EQUIPMENT F.VNCTIONS 3 C_~J__ 15 ~ The following bid item breakout will include four (4ect 2wi00 amp op'am defined if) BIDH 172,8..,, Section I, Class 10, 20, 100 and p meters,,.. Section 1I, Fxtended Current Electric Meters.,,,Section III, current transformers and voltage transformers. ,..Section IV, electric meter bases, SECTION I, usedsfoI - 3, single phase electric watLhour r residential customers. Approximate.Ly meter, o imthis type will be used for new customer t tionthis The remaininq 320 will be for meter maintenance l activitiesis. included in F.E.R.C. accounts 5860 and 5970, These accounts also include our or-going Meter Test Program. Items 4 - 6, single phase electric watthour meters, are primarily used for small businesses. This type meter was requested and bid as a kilowatt energy and kilowatt demand meter. Approximately 20 of these meters will be for new small business installations as described in F.E.R.C. account# 3700, new meter installations. The remaining 66 will be utilized for meter maintenance and meter test program as described in F.E.R.C. 5860, Customer Meters, and 5970, Meter Maintenance. Items 7 - 10, Three phase electric watt-hour meters, are primarily installed at larger businesses who require three phase service. Approximately 10 meters of this type will be for new customer installations of whom the City of Denton bills for kWH and kW demand. Most of the customers who require this type meter have an average load in kWD of approximately 50 - 100 kWD, The rempi.ning 71 meters will be utilized in maintenance and our one (1) year commercial meter test program schedule. Items 11 - 17, Three phase transformer rated electric meters are used primarily for large commercial and industrial applications. The meters included in this item group have many enhanced power measurement capabilities. The enhanced options are programmable and may have mass memory for multi-channel power recorders. Some can be oroctrammed and have data retrieved locally or remotely via • communication lines. Approximately 5 of these meter types will be used for new large commercial and large industry applications. The remaining 65 will be used for kVA demand billing, maintenance and meter test program. Items 18 - 21, This group of meters is primarily "specialized" type meters, in that they are used in limited applications, such ® as straight power three phase motors residential loads above 200 amps and athleticyfieldsmeLers, large Page 3 • 3 (.2A_ ,5 SECTION II. r~ fof--Aq Items 1 - 3, Extended Range Moters (E.R.M.); This bid item has been cost effective in as much as the savings for both equipment time and installation time. The principle behind E.R.M. is simple, attach built on or built in current transformers that are capable of handling up to 480 amps of current continually. This eliminates the need for unattached ct's which must be mounted in the transformer or in a ct "can" near the customers disconnect, The meter base is also specialized and can be socket style or K Base type. Most of the 12 E.R.M. will be used for new installations. SECTION III. Items 1 - 14, Current Transformers (secondary) current transformers, or CT's, are normally associated with customers who have a current load of more than 200 amps. This combined with an instrument ratted electric meter is referred to as an instrument rated service. Except in places where extended range applications are used, the instrument rated meter set is used for both residential and commercial applications, but primary commercial industries. The most common application is three (3) phase service. The three phase four (4) wire service requires 3 CT's and the single phase three (3) wire requires 2 CT's. Approximately 1/2 Of the 211 CT's will be used for new installations and the remainder for service upgrades and maintenance. Item 15 a, b and o, are used for ~.arge industries who require primary voltage and current. These voltage transformers and current transformers are mounted normally on pole-top racks before going underground, and a meter is affixed to the pole to measure the reduced voltage and current. The primary PT's or VT's and CT's are used mostly for maintenance. • SECTION IV. Items 1 - 11, Meter sockets come in basically four (4) types: 1. Single phase self-contained ( over-head or underground). 2. Single phase instrument rated , 3. Three phase self-contained 4. Three phase instrument rayed. continued on next I) age Paqe 4 • • • r ~1 x.9.5 Section IV continued Most single phase self-contained overhead sockets are issued to electrical contractors for service updates. Therefore, we purchase them and charge them to maintenance account FERC 5970. Most under-ground single phase are issued for new customers because most all new construction is under-ground. Three phase meter sockets are used primarily by new commercial accounts chargeable to FERC 3700. • j I r .J Page 5 ...^'_'r^r_.^^."nn"'t'r'_.'"__'~ ' • : Y. a. ~n~.... V i ~ 7 ~ i- ~pF ~ ''Y i ~f$r ~a t` * i arb,` ,eYIS 1 f f Jar n W.~, ~ ~tA a 3 r. f r D., :'E: MARC f 1998 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1733 - SERVICE BODIES AND CRANE RECOMMENDATION: We recommend this bid be awarded to the Ijweat bidder for each item as allows: ITEM 1 (1) 84" Utility Body to Van & Truck at $ 4,290.00 each ITEM 2 (2) 80" Utility Body to Fontaine Truck at $ 2,734,00 each ITEM 3 (1) 84" Utility Body & Crane to Commercial Body at $17,248,00 each Total award is $27,004.00 SUMMARY: This bid Is for the purchase of three utility service bodies and one service body/crane combination. These bodies will be installed on truck cab/chassis currently on order. Item 1 Is for s Water & Sewer vehicle, both of Item 2 are for Facilities Management and Item 3 is for the Wastewater Treatment Plant. BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Fleet Services, Water& Sewer Field Services, Faoil ties Management, Wastewater Treatment and Motor Pool. i FISCAL IMPACT: These bodies will be funded from 1994-98 budget funds and Motor Pool vehicle replacement funds. %d, y ub d: arrell City Manager • Approved: Name: Tom D. Shaw, C.P.M. • Title: Purchasing Agent • ses.noern~A • • • ;BID NAME SERVICE BODIP.S TOTAL AO VAN A FONTAINE AND CRANE 1 N AND CRANE TRUCK TRUCK & COMMERCIAL BODY CORP MARCH 9, 1995 EQPT CO I RQPT FTRUCK ( r [TY _ DESCRIPTION _ I4 ~ - - vENIIOR VIiNl~O , Vi?N_uoR, VI3NAgli UTILITY SERVICE BODY FOR $4,576.00 $4,290.00 v I TON, DUAL WHEEL, $1,530.00 $5,574.00 84' CA, CAB/CHASSIS COMPLETELY INSTALLED. MAKE STAHL OMAHA RAWSON KOENIG READING MODEL 132VD481/2 132DV S94DW94 132ARDW i 2. 2 UTILITY SERVICE BODY FOR $2,997.00 $2,788.00 1 TON, SINOLE WHEEL, $2,734.00 $3,402.00 60' CA, CAB/CHASSIS 56' I COMPLETELY INSTALLED MAKE STAIR, OMAHA RAWSON KOENIO READING MODEL 96ra-481/2 96V S56 98ASSW 3. 1 CRANE/SERVICE BODY FOR $17,3S9.00 ;17,528,00 1 TON, DUAL WHEEL, $18,028.00 $17,246.00 84' CA, CAB/CHASSIS COMPLETELY INSTALLED CRANE I MAKE AUTOCRANE LIFTMORE AUTOCRANE • MODEL 1MT 5004 5000 X20 5005EH 2015-20 BODY' MAKE STALWART OMAHA RAWSON KOENIG R13ADINO R MODEL C132VD481/2 1321354V C94DW94 132ABDW a I I • i , .ter... _..rr ra a,v►+... • • Q1Q DATE: MARCH 210 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1739 - 12 CUBIC YARD REFUSE BODY RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Industrial Dispose Supply, in the amount of $17,123.00, SUMMARY., This bid is for the purchase of a 12 cubic yard refuse packer body. This body will be mounted on a 15,000 GVW truck cab/chassis currently on order. The completed unit will be assigned to the Park Maintenance Division and utilized for refuse collection in the various park facilities. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Park Maintenance, Fleet Services and park patrons, FISCAL IMPACT: This unit will be funded from Motor Pool lease funds. The using department will repay Motor Pool over a 36 month time period. i a R ly submitt i Llo'y' V. Harrell City Manager Approved: Name: Tom D, Shaw, C.P,M, • Title: Purchasing Agent 58{. ROMA i!I5~i~(iS • • 1 12 CUBIC YARD IiND'L HAUL-ALL NO BID 1 REFUSE BODY DISPOSAL EOUPT RESPONSES DAMARCH 9, 1995 SUPPLY _ rrarr_ - - -v DOR _v a> W:._ ~reszs A_---VfNDOR ~ 1. 1 A NEW 12 CUBIC YD REFUSE $17,123.00 $17,200.00 SOUTHWESTERN EOPT CO D COLLPCTION UNIT HYDRAULICALLY OPERATED, ADVANCED WASTE RUCK MOUNTED REFUSE AND TILITY BODY. MOUNTED AND OPERATIONAL ON CUSTOMER UPPLIED 1995 CHEVROLET 14D CHASSIS 3500, AUTOMATIC TRANSMISSION 60' CA (NO AIR-CONDITIONINO). INCLUDE REFUSE HOPPER, BUCKET, TOOL HOLDER, YDRAULIC DUMP, COMPLETE WITH RESERVOIR BP RATHER AND ITERNAL MAGNET. I r II I DELIVERY 30--46 DAYS 3-4 WKS ARO CHASSIS i { O jl II l ~ i v 0 DENTON o~ap ooa odp000 4~ 00 Al o d ~ p © F Apo°~, p0 Vol oooa N, ooppo ooaao~o ~ r CITY COUNCIL • . • • r A~BNO.y ~ O a~aoda~re , 1 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 THEREFORE; 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 bids; BID NUMBER CONTRACTOR AMOUNT 1707 CLIFFORD E. FOGUS COMPANY ;791,309.00 J 1737 SOUTHWEST INDUSTRIAL CONSTRUCITON $156,394.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City • and the person submitting the bid for construction 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. SECTION III. That the City Manager is hereby authorized to ® r• • 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 sums contained therein. • 0 • w • r 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 tho expenditure of funds in the manner and in the amount as spec.tfied in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effectivb immediately upon its passage and approval. PASSED AND APPROVED this the _ day of __01995. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY I BYt i APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY j 8Y! • • 4 . . q . ♦ F~.y ~ t 1 .~5~i ~ `,.a l>ti~~~~c~it Y d~ rig r'~I • 0 15 DATE: MARCH 219 1895.2 " CITY COUNCIL REPOKT 3 0 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID t 1707 - SOUTH LAKES PARK PHASE I CONSTRUCTION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Clifford E. Fog-us Company, in the amount of $791,309.00. We also recommend that alternates 1-6 be rejected. SUMMARY: This bid is for construction of the facilities for Phase I of the South Lakes Park. It includes a seven acre lake and fishing pier, two picnic pavilions, picnic tables, two tennis courts, one multi-use court, one sand volleyball court, concrete jogging trails, soft surface nature trails, one playground and restroom facilities. The alternates rejected include: ALT. 1. Masonry seat walls between columns at picnic pavilions ALT. 2. Additional hiking and bike trails ALT. 3. 10' ehalnlink fence in lieu of 4' f~n.ce on side of tennis courts ALT. 4. Metal roof in lieu of composition roof at picnic pavilions ALT. 5. Stainless steel toilet fixturea in lieu of porcelain fixtures ALT. 6. Provide cast in place concrete copings in lieu of cast stone copings at pavilion BACKGROUND: Tabulation Shoot PR0~3RAMS, DEPARTMENTS OR GROUPS AFFECTEDt Parks and Recreation Department, Citizens of Denton. FISCAL IMPACT: This project is being funded from General Obligation Park Bonds Account 4467-031-SLAK-0001-9285. Budget estimate forthisproject was$800,000.00. • 4Re a / teU Harrell City Manager Approved - • - • • Name-,-: Tom Shaw, C.P.M. Title: Purchasing Agent S 03, AMODA t J° 1 J ~ Q ~x , a 1 ~~rW ~ r`~~',j ; ~ d y,};.~ k~; r r tyrt,'y~~lt ~ t• • • • ID NAME SOUTH LAKES PARK REBCON CLIFFORD RODMAN SOUTHWEST INC. E. FOQUS EXCAVATION IND'L` DATE FEBRUARY 21, 1996 CO. CONST. UfANTITY '0011-- -VENDOR 'I BASE BID $894,000.00 $791,309.00 $799,996.00 $889,766.00 ALTERNATE #1 +$6,800.00 +$8,400.00 +$8,760.00 +$14,734.00 ALTERNATE #2 +$33,000,00 +$20,1'/7.00 +$29,680.00 +$26,270.00 ALTERNATE #3 +$1,600.00 +$1,100.00 +$1,016.00 +$1,237.00 i ALTERNATE #4 +$49,000.00 +$19,000.00 +$16,000.00 +$20,129.00 I ± ALTERNATE #6 +$2,800.00 +$2,200.00 +$7,186.00 +$8,096.00 1 ALTERNATE #6 -$600.00 -$600.00 --$1,000.00 3-0- ADDENDUM 1,2,3 YES YES YES YES f~ I I ' • I i • j • I s r • ts► • • I Q~o DATE: MARCH 21 4995 ..5 CITY COUNCIL REPORT Q~Q TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 0 1737 - RENOVATION OF FRED MOORE CHILD CARE CENTER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, South-west lndustrlal Construction, In the amount of $156,399.00, SUMMARY: This bid Is for the complete renovation of the Fred Moore Child Care i5 ter at 621 Cross,timbers, The bid includes general site work, chainlink fencing, concrete flat work, roof replacement, new finish for floors, walls and ceilings, cabinets, bookcases, shelves, doors and frames, thermal windows, toilet accessories, plumbing upgrade, rooftop HVAC units, new electrical lighting and power distribution. Cathy Kircher from the Fred Moore Child Care Center and Barbara Ross from Community Development recommend this award, Nursery School operations have been temporarily relocated to the Fred Moore Learning Center, BACKGROUND.- Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Fred Moore Child Care Operations, and Community Development Division. FISCAL IMPACT: This project will be funded from Community Development Block Grant unds Account #2.19-058-CD91-8502, Original project estimate was $200,000,00. ';iIly sub ted: Lloyd VHarre 1 • City Maager Approved: Nemc: Tom D, haw, C,p,ly, Title: Purchasing Agent i I r i • • • ~NOOEN NAME RENOVATION FRED MOORE JONES PRANK LANDMARK SOUTHWEST KRYSTAL CHILD CARE CENTER JEFFRY CONST. INTERIOR IND. ~ ONTRACTIN 3 } DATE MARCH 2, 1996 CONST. BUILDERS CONST. DMOMW -------R i _ VENDOR ~ - - _LUMP SUM $168.000.00 $203,407.00 $187,708.00 $166,394.00 $176,106.00 ~ V ADDENDUM YES YES YES YES YES ADD #2 DEDUCT i If I I • 1 fl i CITY COUNCIL t OF a/ ♦ I, y f~ @7 i • i . ome A- CITY of DENTON, TEXAS MUNICIPAL BUJL DING #215 E MCKINNEY DENTON, TEXAS 7620f (817) 566.0200 DFIN METRO 434.2529 MEMORANDUM DATE: March 16, 1996 TO: Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Director of Fiscal Operations SUBJECT: BUDGET AMENDMENT ORDINANCE The attached ordinance amends the 1994-95 budget in the amount of $20,833. This amendment is necessary to replace the Leisure Service Division's fifteen (15) passenger Ford van which was burned beyond cost effective repairs. As you are aware, the state permits amendments to the original budget In cases of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonable diligent thought and attention. We believe the loss of the van has caused such a grave public necessity. To document this necessity, I have attached a copy of a memorandum from Janet Simpson, Superintendent of Leisure Services (see attachment B). On several occasions, vans in the Leisure Services Division have stranded citizens several times over the last year. Because most of the citizens stranded were either children • or senior citizens, it is even more imperative that we provide reliable transportation. If you have any questions or comments regarding this matter, please do not hesitate to contact me. Aite HJAf • Alchmenl • AFFOOD57 • 'Vedicated to Quality Service" • ' 1','C 't Vii 1 j `~'.:,+1 Pa Y{{tkt Il., )'~1e'{. i. 4. • m • ~Jl~'TfiCHh~Nf-B- 0 ~5 CITY of DFNTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 Memorandum Date: March 13, 1995 To.. Harlan le%rson Director of Fiscal Operations From: Janet Simpson Superintendent of Leisure Services Subject: Emergency Acquisition of 15 Passenger Van / i On February 22, 1995, the Leisure Service Division's 15 passenger Ford van burned at McNair Elementary School. It was in use by the After School Action Site, and had just returned from it trip to Eureka Playground at South Lakes Park. The 1985 Ford van had accumulated close to 100,000 miles. The van was used 231 times over the last year carrying approximately 3,000 participants. Participants were primarily children in the After School Action Site program and summer camps, as well as, senior citizens, who used the van for choir/band trips and day trips. The outdoor nature program used the Ford van exclusively for out of town trips because it was the division's most reliable vehicle. The division has only one other van, a 1986 Plymouth with over 97,000 miles. This van rr;ceives limited usage due to the fact that it has broken down on the side of the road six times in the last year with participants on board, Before the loss of the Ford van, the Plymouth was n,rt allowed to leave the city limits unless no other transportation could be arranged. Even so, this van made 228 trips last year. Jack Jarvis, Superintendent of Fleet Services, concurs that t;tis van is not reliable due to maintenance concerns fhe Parks and Recreation Department wa, already in the process of adding the van that Wn approved in the budget. • The Leisure Services Division is requesting that an emergency purchase of the 15 passenger replacement van be approved. The division must provide safe and reliable transportation to the citizens of'Denton who participate in city programs. 8171566.8200 D/FW METRO 434.2529 • a> i Page 2 ~~},rP;GllfbfitlF Van Purchase C~1 - C If the division has to wait through another budget process, it will be March 1996, before the replacement will arrive The division cannot afford to delay this purchase for that length of time due to safety issues related to the division's remaining van. Jack Jarvis confirmed that the van can be purchased under a current contract for $20,833 from the Motor Pool Replacement Fund, plus STY) in Motor Pool payments. The Leisure Services Division will then submit a supplemental package for fiscal year 1995-96 to continue motor pool payments. Please contact my office at 566-8274 ifyou need any additional information. Janet impson • i i 0 • lr. : ' . V 'tr r. i1h ri lr. ,Y rsC P,'Y deCa 4 ; tf • w • 1:\wPd0Cs\ord\bud9etam.ord C ATTAm"MENT "A"' C!_5 ORDINANCE NO. A14 ORDINANCE AMENDING THE 1994-1995 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUMS OF $20,833 FROM THE UNOBLIGATED FUND BALANCE OF THE MOTOR POOL FUND TO ACCOUNT NUMBER 720-025-0584- 9104 TO PROVIDE FOR THE PURCHASE OF A PASSENGER VAN FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the available funds for expenditure in the Motor Pool Fund for the purchase of vehicles are about depleted by reason of the earlier purchase by the City of all vehicles budgeted for acquisition in the 1994-95 budget; WHEREAS, Sec. 8.08 of the Charter of the City of Denton and S 102.009 of the Texas Local Government Code provide a governing body may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; and WHEREAS, the City Council finds that the failure to expend the funds requested in the memorandum attached to the Director of Fiscal operations from the Superintendent of Leisure services dated March 13, 1995 will create a grave public necessity; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the 1994-95 Budget of the City of Denton, Texas is hereby amended by appropriating the sum of $20,833 from the unobligated fund balance of the Motor Pool Fund to Account Number 720-025-0584-9104 to purchase a passenger van for the Parks and Recreation Department to replace the van that was burned beyond repair on February 22, 1995 which event could not been anticipated at the time of the adoption of the 1.994-95 Budget.. ACTION Ii. That the City secretary shall attach a copy of • this ordinance to the 1994-1995 budget and publish a copy of this ordinance in the next issue of the Denton Record-Chronicle. SECTION III. That this ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1995. ' • • • BOB CASTLEBERRY, MAYOR I I • ca • ATTEST; JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY. c,C,JO I • PAGE 2 • c. 0 ;u l CITY COUNCIL. i ' 4{ Ma • ~ 0 t s O ~ ~ ao r • o i • • s' 49"dal ORDINANCE NO, %to AN ORDINANCE AMENDING ORDINANCE NO, 95-001 RELATING TO THE BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROIE FOR THE PURCHASE OF ONE ADDITIONAL 15 PASSENGE VAN BID ITEM 18A; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, %"'EREAS, the City on January 3, 1995 authorized the Passenger van from Karl Klement Ford per Ordinance No, 95-001; anpurchase of a lb WHEREAS, the City desire pursuant to the term of d Numbero 1693 andoKaone rl Klement additional van 15 Is ogregreeaerble to selling one additional 15 passenger van; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Ordinance No. 95-001 is hereby amended to provide for the 1693 base Of on©(]) additional 15 passenger v pursuant to the terms of Bid Number SECTION 1I_ That Bid Number 1.693 is hereb additional comPensation of $200933.00 Y emended to provide ordinance, payable to Karl Klement Ford under this SECTION 11I That the funds for this amendment are to expended from the Clti a Motor Pool Replacement funds approved by the City Council in the 1994-95 Budget, SECTION IV That this ordinances its passage and approval. hall become effoctivelrdmedlatnlYupon 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 • AY: r. , • • oas.oao A • 0 ~ n • r DATE: MARCH `210 1995 CITY COUNCIL REPORT vl 3 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID; 1893 - FLEET VEHICLES - REVISION 3 RECOMMENDATION: We recommend one additional unit of Bid Item SA, 15 passenger van be awarded to the lowest bidder, Karl Klement Ford, in tho amount of $20,833.00. SUMMARY: This recommendation is to purchase one additional 15 passenger van similar to item 8A awarded by Council on January 3, 1995. The additional unit will replace a 15 passenger van destroyed in a recent fire. The now unit will be assigned to the Parka and Recreation Department. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parka and Recreation Department, Fleet Services and Motor Pool. FISCAL IMPACT: This vehicle will be funded from Motor Pool replacement funds account number 720-025-0584-9104. The using department will repay the Motor Pal fund over a 38 month time period. Reap tfully sub tted: L d Harrel City Manager Approved: Name: Tom D. Shaw, C.P.M. • Title: Purchasing Agent sea.nasxne 1 i • y~~ -~,vry ,1v v lti~ ~rtir.+ Kf•,r)`d'r,~l ~vt^4a h s p • V ! FLEET ypNICLCB yIILAOE KARL HBNOgIC K6 ME7R0 614E HUOIB URO 1 ALAN NORTH PRf BTIOe fl CLASSIC O KLH MHNT ORb O i! DECHM BHR 10 q 0 qMC P UTTHR , 1601 CHEVROLET OAMUALS LOOP P0140 CH9VROtPT WN I O L BA e f yUDK0- `•~--k~ KFORD ,F,~~ ~A7UOPLEX Doooe ~t 1' OHSCAIPTItlN N~~o0 110901,00 1 Mt/7 TON PICKUP, ON00.T , 9 {16,6 1.00 NO 011) 1134311.00 b H. NO. 0 NO 810 416,/1!,00 1 616,198.00 ! ,h its TON PICKUP, LONG /1111916.00 {1f,/1/.00 4101746,00 NO DID /13,686.81 •16,601.00 418.060.00 NO 010 WHEOLBA6! {14,070.00 813,471 00 w J ! 0' 3/4 TON PICKUP {14,010,00 /14,663.00 414,464.00 NO BID {14,006,80 611,198,00 614,160,00 ND era /14,70400 014,080.00 {I 1 1 31- TON NXTBNOED CAB {33.003.00 690,060.00 603,187.00 NO BID #34,066,6/ 624607/30 133,700400 NO BID PICKUP, 4 X 1 164,110 00 /98,16 T.00 { { I 111 4,1 3 1 TON TRUCK CAB/CHASSIS 016,400.00 6/4,70000 1110,1110100 617,744,00 NO SID 814,607,00 b/4240,00 NO BID 114./3400 619.301.00 0 1 1 TON TRUCK CABICHAPOI9 691,106.00 {31,090.00 690,644.00 6!4167.00 024,070,00 62011112,00 /90,100.00 16,000 OVW, 00' CA 0191MIL NO 810 /04106,00 114,006.00 1 7 1 1 TON ?RUCK CABICHASSIC 116.330.00 1141.42 6.00 014644.00 •116,016.00 16.000 OVW,64' CA OA001.4Na 024,171.00 156,446.00 /10,060.00 NO BIO b19,407.00 010,102.06 1 rA' 1 1 TON TRUCK CABICHASBIS 1191,40400 641,663,00 !!4098,00 /23,030,00 0141970,00 690,861.00 $00,120.00 NO OIO 120,646.00 120,070.00 16,000 OVW. 64' CA OIBBfL 6 1 1 TON 13 PAb ODNOER VAN /14698,00 me $01,16,6.00 NO 010 NO BID $00,100,00 {90,49400 010,776.00 6111,•11,00 021,1/1.00 4A 1 1~ OPTION 16 PASOSNOER VAN 011,060,00 0901014.00 NO BID NO Olt) NO BID •22,076.00 621,110,00 011,774,00 •19.701.00 621.711,00 ' B. 1 I MINI VAN, 7 PASONN09A 114100.00 NO DID 0140/0,00 NO BID NO BID 11171330.00 NO 110 NO IID 014744,00 018,049,00 10 1 MINI VAN, CAI100 VAN 014,6, '1100 NO BID 014,641,00 NO BIO NO 810 114,120.00 NO OIO NO BID {161806.00 056,140.00 DSLIVERV 46-lab 00-100 00-140 90-120 ]0-120 190 DAYS 90-120 /0-110 00-r0 00-116 DAYS DAYS DAYS DAYB DAYS DAYS DAY/ DAYO DAYS _ J-`--~ AR9NOALE PORO ALT, 6. X10 47.7 • I c+ 0 DENTON ~ 0oo QUO oo°°° p D o oo oo° 4p °oo t-S d o a oop r ~ ODO OOaQ o N ti ODpO °Qaaoaaon° ITS' a COUNCIL 0 0 I , i a s Agtt&No. Agendalt ix;te DATE: March 21, 1995 y 1 0~7~ CITY COUNCIL REPO FOR A TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Consider adoption of an ordinance authorizing the City Manager to sign an agreement with Frelllch, Morgan, Lehner & Crritsle with regard to reviewing the City's Zoning Ordinance for a sum of $26,000, RECOMMENDATION: Staff recommends approval. SUMMARY: An ordinance authorizing the City Manager to sign an agreement with Frelllch, Morgan, Leitner & Carlisle to review the City's Zoning Ordinance for a sum not to exceed $25,000 Is included In attachment #1. Mr. Terry Morgan of Freillch, Morgan , Leithner & Carlisle has agreed to work with the City In the review, revision and adoption of the City's Zoning Ordinance. Mr. Morgan Is very experienced and highly quallfled to perform this task. A copy of his resume Is included in attachment #2. The letter of agreement Included in attachment #3 describes the scope of services and the various phases of the review process which Is expected to be completed In about Ave months after the agreement Is signed. In accordance with the agreemenl, the total compensation Is not to exceed twenty five thousand dollars ($25,000). BACKGROUND: City Council approved a sum of $25,000 In the 1994-1995 budget to pay for the zoning ordinance review process. The draft ordinance was prepared by the Zoning Ordinance Task Force and was completed In early 1994. PROGRAMS DEPARTMI NTS OR GROUPS FF CTED: The new zoning ordinance will promote development In the City in accordance with the pollcles of the Denton Development Plan. r 9 • • 3 -..aL+-:.h X15 FISCAL IMPACT: The cost of the review Is $25,000. Respectful submitted: Lloyd arrell Prepared; City Manager Harry N, P rsaud, MRTPI, AICP Senior Planner Approved/ Frank H. Robbins, AICP Executive Director Plan ng and Development Attachment #t: Ordinance Attachment #2: Resume of legal consultant. Attachment #3: Letter of agreement, • 1, . i • • K:\%PIX)v E\ORD\FAE I L. ZON ATTACHMENT 1( 3aF'iI~ ORDINANCE NO, _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF FREILICH, MORGAN, LEITNER AND CARLISLE RETAINING SUCH FIRM TO PROPOSE REVISIONS TO THE CITY OF DENTON ZONING ORDINANCE BASED ON THE RECOMMENDATIONS OF THE ZONING ORDINANCE TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOi:, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the City City Manager is hereby authorized to execute an agreement between the City of Denton and the law firm of Freilich, Morgan, Leitner and Carlisle retaining such firm to propose revisions to the City of Denton Zoning Ordinance based on the recommendations of the Zoning Ordinance Task Force. SECTION II, That the expenditure of funds in the amount of .wenty-five Thousand Dollars ($25,000.00) is hereby authorized. SECTION III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: MICHAEL A. SUCEK, ACTING CITY ATTORNEY BY: • m 0 ATTACHMENT 2 ` i 72 FREILICN MORGAN, LFITNEQ A CARLISLE 19 b~ I~ ore ~ Parlxsr E1ycad" Tent' D. Morgan moived a Bachelor of Arts degree (Wyclaloq) from St. Louis University in 1968. He was a woodrow Wilson Fellow at St. Louis University and wu PW Beta IGppe, Mr. Morgan attended law aehod and roes vd a lads Doctor degree from the Uedviersity of Wwourid(an+u City Sawed ol'Lsw in 1976. Whik u UMKC Law School, Mr, Morgan wo a member of the Law Revkw and was Research Editor for the Urban Lawyer, the quarterly Publication of the American Bar Association's Section on Urban, Stab and Local Oovtimment Law. Ilofas"Ol arpafnra Morgan practiced law In Port4nd, Oregon fix nine years hk wu s partner in a small law 11em emphasizing Lad use amt devek"ftt law. The Ann was h%cilved In Implementation or stele planning kgWation in Oregon and had a substantial titillation practice in Ptannina, zoning and uxsstitutional law, in 1985 and 1986, Mr. Moraut was Assistant City Attorney for Mrstin,'fexu n planning and zaning matkn. me*" of Counsel to the firm of Freinch, Leitnct, Cartisk a ShodWita its 1987 and mainWrad an oAlca in Austin, Texu Fk reprevenkd Texas munklpalitks In the draAUng of t e first oomptthemivo enabling statute fa impact feet and hu been Inrtrumentd In the siloption of impact foal in numerous Texas citin irea then, He also wmtd as adjunct professot in planning law in the Community and Regional Planning Program at the University of Texas at Austin from 1985 to 1989. In 1990, he became a partrrcr in the Firm and is actisv in both the planning and litigation divleioru. In 1993, he bwArne the resident putrser in the Dallas office of the Firm. fYofesslonaf Ortmtradwea htr. Morgan is a member of tha Missouri Bar, the Oregon Par and the Texas Bar. Ile is admired to the United Stake Sum me Court and the Ninth circuit Court of Appeals. Ifs is also & member of the American Pi nning Association and a Nglonal reporter for LAND USE LAW AND 70NM UtOUSTSelected PatbUcedoru Statewide Lard Use Planning in Oregon, I I URBAN LAW, 1 (1979); reprimed in 'The Land Use Awakening' (ABA 1981). Drajbmg /mpoci her Ordinamees; Parr 1, legal Favnda uonlor Emmons, 9 ZONING AND PTANN1No L.Rtr. No. 7 (Augur) 1986), LAND USE LrmATION, 2 rots. Met 1986). Alunierpal Samalegleslr Imposing Valid Dessrfopmeni Lmedorrs. Responding ro NoRan, 10 PAN, R PLAN. LXF.P. 169 ()7ecember 1987), UrlgaNon Sirategiu dh Zoning Coati, 1987 INsTrilin oN PLANNlNa, ZoNtNo AND F.AUNENT IbMAtN, ch, 3 (Marthew Bender). i Impael FeuW Te wT, PuNic Policy Witting Strks (Teas M u nkips l Lague 1989), i Srok ImpaH Fee E mobhq LegWaum: avfdeltner for Arwlysfr, 62 L AND USE LA W AND Z.ONM D10FAT (MAMMA 1990), priA Tabngs Low: Slrakg+ealm bealing with & KM. d5 LAND Use LAw AND ZONWO D60M (IanUry 1993). ~ 0 ~ Regulakiry Tailings An Texan: A Shon Priers, 81 TEXAS TOWN AND CRY (Febrt" 1994), fixact(om ad Tailings: TaerkeforLlraling wish jQ, 46 LAM) WE LAW AND ZoNwo Do" (September 1994). • • Tory D, M Q►S a Sdecttat Rsltvawf v4 Terar CYtiaf P►ni~,ry..r , .Lewd Use PkxNLV, lom Addison Texa+ and Sm"W"a, 8a~rleelowa ComprHm"Ve Plan and Zoning Regnilatiau, 1990.9 1; Urban Center District, current Austin, Texas Plan iroplurmYUalicn and Watershed Regulations, 198586 Bryan, Texas First Municipal Zoning Ordinance for city, 1989 Cedar HM, Texas mot, Denson, Texas Airport Zoning Ordinance, 1994 El Paso, Texas Zoning Amerrdunesrb as Litigation Defanse, 1990; Subdivision Regulation AamaWff nb, Current Irving, Texas Muld-Fantily Devetopmenl Regulations, 1990; Comprehemive Plan, current Midlarxt, Texas Subdivision Ordmajoe Revisiau, 1990.91 N*mgdoehes, Texas 7Aadng Ordiatmoe, cunenl Plano, Texas Comp vhetwva Sutxdviaion Ordinance ReviskWK 1989 Richardson, Texas Comprehensive Subdivision Ordinance Revislom and Connection Charges, 1990 Suumyvelc, Texas Zoning and Subdivision RegulAU^ 1993 • , • • ',-`O Q Serricv c71pw ~}olseyYarr/il _ 10"d Fro and Re41ed Pmb& Facie w Fbsmmicli s Arlington, Texas Weer, Sewer and Road hupact Fees fa Award- winning Program (First to Comply with state Statute) 1987.88; Water, Sewer and Roads Update, 1993 Cedar W, Texas Road Impact Fees, Water and Wastewater Update, anent Foci Worth, Texas Water and Wastewater Impact Fees for Regional Servim Provkkr, 1989.90 Highland Village, Texas Water and Wastewater Update, 1993 Houston, Texas Water and Wastewater Impact Foes for Regional Servloe Provider, 1990 Keller, Texas Water, Wastewater and Roads Update, 1993.94 McKinney, Tex" Water, Wastewater and Rolla Updae, current ' Plano, Tex" Weer sad Wastewater Impact f Foes, 1990; Wata, Wastewater and Parks Update, 1993 1 • ~lru J • 4 • • polo 3 : a?1.._.Q 0S ,RREIL1CH, MORGAN, LarNER E CANism Oat~d C, RklYa _ ,fie 8dkclks l Druid 0. Richardson received a Bachelor of AM degree, cum laude, Oh in Omaha, Nebruka in 1999 and a Master of Science Historle preservafion slory and C the Col CiviliUrt m from Crcighbn Univerairy Planning R Pram stlon in New York in 1991. He noeived his JuM Dooror gem the Udiou nbia nivaWry Scholl of Architecture, While b law school, he wo a Publicatima editor for the KANAA! Jol"AL of LAW R pUgM PqLJCY wW aW fa the Legal Resareh and Writing www. ProfAuk ref Euperl w" IBefthe ort iningFMikh Morpn, Lehner A Cartiale a en associate, Mr. Rkhwdaon worked throe aurnmers a a preemstiort City gFng Dryrr4ncrtl In Sioux Falls, South Drkota, managing and P ne$ oommenlal distrkt and Along the Big Sioux River, During that time he alao pubWW aye kbrodmm desc Riess k~ h of & ai Ia and developed InterpteGw Marken tot over 70 historical sibs, W. RkhArdson also Worked a a cukurel resoureta h1swrian for the Midwest Regional 0010c of the National Park Service, Omaha, NE, where he Stwur~s N Wright Brodws and the Pioneering of Avmk n In Dayton, Ohio. Odw experience include as it rThW&jcsj rvoyor for Om Villap of Sag Harbor, N.Y., planning program amociab for the New York City Municipal Art Sudety Planning Center, and historian rot the Port Authority of Now York and New hney, ProfeubKr! r~rgarkraigtotu Mu Richardson is a member of the Kansas Bar. Mended HoKmr, A Kwdi and PstAJkwdoKs Recipent, American Jurisprudenoe Awed, Lopl Research and Writing (Fill 1991). Recipient, American JuriWudcnce Awed, Appellate Advocacy (Spring 1992). I Recipient, Paytx R Jotter Appellate Advocacy Award (Spring 1992) j ABBE and H'EE Programs ki At, Pau.Cro" Era, 26 URBAN LAWYER 397 (SYMNW 1994) (With Robert Fl. FMinah R RoxAune Doyle), Reiiiming w a Gememl Theoryof Federal)": Framing a New Tew& A •tendn eM Unikd Swks Supreme Cowl Carr, 26 URBAN LA%YEA 2 I S (SPting 1994) (With Robert H. Fnilkh). Na,badidonal Wei of dm UdlyConeepi w Fund Publk Farillle), 26 UnAN [Amu 519 (Summer 1993) (with Susan R Schenk), • Fandly R/ghk fore Jbumarrkd Couples, 2 KANSAS JOURNAL OF LAW k Ptux POW' l 17 (Spring 1993). won e e IhiW G, Rkhardson's Selected Relevem EVo*mce Semi" cibm ~ a. a> GrOVA drlra "d Cedar Hill, Texas L4md Dcmkpxmw RquWm Fo-'I rnont Ordi lmoe, current Arlington, Texas Park Dedication Ordinance, current New Orleans, Louisiana COmpreheMSiW Zoning Ordinance Revision;, I993.94 Sunoyvak, Texts 74niag and Subdivision Regulations, 1993 (WWw. North Cadral Tau AFA Excelkooe in DevelOPrncnt Merit Award Adlic Arlington, Texas Park Fee Revisiats, current Cedar Hill, Tex" Road, Water and Wastewater Impact Fees and lgwl flee Administrative OuWeHm, current Kelkr, Texas Rod, Water and wastewater hPact Fee Administrative Guidelines, CWTW LldpaNom Sunnyvale,Toxas Exoluswrwy Zoning, Fair 110034 4 Act Violstk n, current EI Paso, Texas Takings Clsfm, current Higldand Village, Texas PMVWm of Public Facilities, 1994 Deadwood, South Dakota Historic Preservation Ordirw", 1993 Mesquite, Nevada Adult Use Or bone, 1993 • i i uror r' . e e r ATTACHMENT 3 LAw orrlcts FREILICH, ]ORGAN, LEITNER 8 CARLISLE 6J(). 7 } A ru.Nrn«,r IMCwA,NO rAOnwo«,.. co+ro+wtloM" PC be my". IRA 1001, PC,, MARTIN 4 kWNCR. PC.' IN }IIssovao A ,AMR, 01 ICMA+D M ORGAN, PC,"' 5001 LBI rAfl WAY F+9161CM, LAITACM A CA+ Lt MEN J MOO+{, P.C.' DALLAS. TE%As 75244•GI31 1000 PIAXA WART, 4400 MADI"ON ■t NJAMIM MAV IMAM "NAAS cm, MIISOVIIf "HIL)OII Ot no"., IOXI FACSIMILE IlLOMOM{UIb HI'AAIA MAMOAI1tt MOORS AO"AOII I41 38) 529s UVAII r. "CMC{TTLt, l MAAN WNIT{' I [ 11 LA"t 1M A. OAMI"' I TE lE PHON E IN CALIFORNIA (2147.7875215 FI1r ILICM, NAVFMAM, FOX & SE)MA01 .C.nru iN Ma V'U,ro (OI,H OP.p Wit ItOO. 111{"Wll Olnt eou,tv,Lm, LOA AMO{LCA, CALIFORNIA ACO""•1"1A I{LOMOMC I310, "4.F"1 March 8, 1995 Mr. Harry N, Persaud, AICP Senior Planner Planning and Development Department 215 E. McKinney Denton, TX 76201 Re: Zoning Ordinance Letter Agreement Dear Harry: This letter agreement sets forth the scope of legal services to be rendered to the City in conjunction with the proposed revision to the City's Zoning Ordinance. The agreement has been prepared in duplicate originals. A signature line for acknowledgement by the City Manager appears at the end of the letter, If the City is in agreement with the terms, please have one ofthe copies executed and returned to me. I will proceed with services on receipt of a signed copy of the agreement, or upon your notification that the agreement has been executed by the City. LETTER AGREEMENT 1. GENERA I, DESCRIPTION OF SERVICES • Freilich, , ean, I eitner & Carlisle (hereinafter "Legal Consultant") shall, in cooperation with I the City Attorney, render legal advice to and assist the City of Denton (hereinafter "City") in the review, revision and adoption of the text of the City's zoning ordinance, e IL DETAILED TASK DESCRIPTIONS e • r Task I, Review and Evahwlon of Drafl Ordinance • 0 e • C r--= FREILICH, MORGAN, LEITNER 8 CARLISLE IA t The Legal Consultant will attend an orientation meeting with City officials to discuss the context of the zoning ordinance and its relationship to the Demon Development Plan and zoning map. Key issues to be investigated by the Legal Consultant will also be identified. 1.2 Following the orientation meeting, the Legal Consultant will review and evaluate the proposed zoning ordinance. 1.3 The Legal Consultant will prepare a report summarizing the results of its investigation, including both legal and practical considerations involving the following: (a) the relationship between the zoning ordinance and the Denton Development Plan ' i (b) the relationship of the zoning ordinance to the zoning map zoning procedures and any foreseeable implementation problems (d) the structure of the zoning districts with special emphasis on t1tr 4ixed Use District (e) compliance of the zoning ordinance with all federal and state laws (n the user friendliness of the format of the zoning ordinance (g) the treatment of vested rights and non-conforming uses (h) safeguards to avoid and prevent litigation. 1.4 The Legal Consultant will meet with City offluials and the citizen task force to discuss the report, identify issues that need to be reviewed by the Planning and Zoning Commission and City Council, and assist the City in devising an • implementation plan for the remainder of zoning ordinance. 1.5 The Legal Consultant will brief the Planning and Zoning Commissioti and the City Council in ajoint work session. It is anticipated that three meetings will be required to complete this phase. • • Task 2. Assistance In Producing the Second Draft of the Zoning Ordinance 2 • 0 • O r D I 8C"~ FREILICH, MORGAN, LEITNLR8 CARLISLE., IJ 2.1 The Legal Consultant, based on the discussions with City officials and the citizen task force, will assist in redrafting any necessary revisions to the zoning ordinance. i 2.2 The Legal Consultant will review and evaluate the second draft of the zoning ordinance. 2.3 The Legal Consultant will meet with City officials to resolve any remaining issues and finalize the second draft of the zoning ordinance. It is anticipated that one meeting will be required to complete this phase. Task 3. Adoption Process 3.l The Legal Consultant will assist the City staff in presenting the revised text of the zoning ordinance to the Planning and Zoning Commission at public hearing. 3.2 The Legal Consultant will assist the City staff in presenting the revised text of the zoning ordinance to the City Council at public hearing. 3.3 The Legal Consultant will make necessary revisions to the zorong ordinance text in accordance with the decision of the City Council. 3A The Legal Consultant will assist City officials in developing a strategy to map the new zoning ordinance. It is anticipated that two meetings will be required to complete this phase. Ill, PROJECT SCHEDULE Task I will be completed within tive (S) weeks after the Legal Consultant is given the notice to proceed by the City Task 2 will be completed five (S) weeks a9er completion of Task 1. The completion time for Task 3 will depenc' on the extent of public review intended by the City and the amount of time necessary to properly notice the public hearings required to adopt the new ordinance. It is anticipated that the adoption process will last approximately two (2) months, commencing after review and revision of the second draft of the zoning text. , IV. PERSONNEL 3 r O • • 0 FREILICH, MORGAN. LEITNER 8 CARLISLE ,C-_95 Services under this agreement will be rendered principally by Terry D. Morgan, resident Texas partner, from the firm's Dallas office at the above listed address, and associates working directly under him. V. COMPENSATION The City will compensate the Legal Consultant for legal services rendered and expenses incurred in accordance with the above dencribed scope of services, in an amount not to exceed twenty-five thousand dollars 25,000.00), without express written authorization from the City Manager, Compensation for such services will be on a time and expenses basis, at the rate of $175 per hour for partners and $75 to $100 per hour for associates. It is anticipated In the scope of services that & total of six (6) meetings will be required to complete this project. Additlontd meetings will require additional compensation at the above listed hourly rates, subect to authorization by the City Manager, Invoices describing time and expenses incurred will be mailed to the City on a monthly basis. Payment shall be made within thirty (30) days of the date of such invoice. VI. AMENDMENTS This agreement represents the entire agreement of the parties. The agreement may be modified by mutual consent of the parties and any such amendments shall be memorialized in vaiting, VII, TERMINATION , The City or the Legal Consultant may terminate this agreement for any cause upon thirty (30) j days written notice. I Sincerely yours, Terry D. Morgan for • FREILICH, MORGAN, LEITNER ~c CARLISLE Acknowledged: • Denton City Manager , i • 4 ,r • CITY - COUNCI: -f i I } e MA O % 6 t ~ +rC x• oO0 ~ ~ e C r • a+ e A~entlaliem,~s~.- CITY COUNCIL REPORT FORMAT Date_ ~I v F~ TO; Mayor and Members of the City Council 1,1;J11: Lloyd V. Harrell, City Manager DATE: March 8, 1995 SUBJ: Interloeal Agreement Between the City ~f Denton and the City of Corinth for the Holding and Disposition of Cats and Dogs. RECOMMENDATION: Staff recommends the adoption of the resolution, MIJA Y : The agreement states that the City of Denton will provide certain services to the City of Corinth for the impoundment and disposition of animals brought to the City of Denton from the City of Corinth. The City will hold these animals for ninety- six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the City of Corinth agrees to pay the fees set forth S.n the agreement, Six dollars ($8.00) per day per animal being hold for the owner to claim. Seven dollars ($7.00) per day per animal being held for rabies observation. Fifteen dollars ($18,00) for each animal euthanaeized, , Thirty-five dollars ($36.00) for each N decapitation and shipment. 1► d , . • • Interlocal Agreement: Corinth Pago -2-,~._ Y BACKUP hD : 3 ' oZ ~ ~ J The City of Denton and the City of Corinth have h a,0 interlocal agreeements for the holding and disposition of animals for the past four years. The animals which have been brought to us from the City of Corinth have not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costa accepting animals from the City of Corinth will not result in an increase in expenditures. PRAMS, DEPARTMENTS OR GROUP AMUSD: Animal Control Division City of Corinth FISCAL IMPAU: It is estimated that the revenue from this program will be approximately three thousand seventy-two dollars 3,072.00). This amount was included in the revenue projections provided to you during the budget preaentation8 for the current fiscal year. Respectfully submitted: Ad [Jarrell City Manager Frepared by; Nonie Malo-Kull Environmental He lth Services Manager • Approved y: Betty4cKba;ri Executive Direo or Municipal Services/Economic Development • • w E:\HFD0CSN0AD\C0RINTH.ANM Ug ORDINANCE. NO, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT1 AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of doge and cats ("Agreement"), a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. cjrmrnN III, That this ordinance shall become effective immed- iately upon its passage and approval. l PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: j APPROVED AS TO LEGAL FORM: MICHAEL A.// BUCEK, ACTING CITY ATTORNEY BY: o 4 ,p1 r 0 • w • ' r AAA028M t3 c~ l - `lJ ` STATE OF TEXAS S INTERLOCAL COOPERATION ek$GREEMENT COUNTY OF DENTON S WHEREAS, the City of Denton, Texas and the City of Corinth, Texas, are both municipal corporations with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and oats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain vehicles, facilities, and equipment designed for the transporting, holding, and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dos and oeto rendered by the City of Denton, and more fully hereafter described, for the benefit of the residents of the City of Corinth, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and oats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the City of Corinth and the City of Denton, for the mutual consideration hereinafter stated, agree as follows3 I. • A. COVENANTS OF THE CITY OF bENTON 'D:.1. Holdintt of Dsetsand ea se The City of Denton agrees to accept and hold dogs and oats lawfully impounded by authorized representatives of the City of Corinth and to accept and hold dogs and oats brought to and released to the Center from residents of the incorporated areas of the city of Corinth undor the r following terms and conditions: ~ d • ca • b.1_0_0 r (a) Holdina Period for Doas and Catst 1 + l Denton agrees to hold such dogs and oats -for 1 period of ninety-six (96) hours from the tim*D C they are accepted by the Animal control Center, unless much animal is released to the Center by the animalOo owner, in order to allow the ownars of the impounded animal a reasonable azount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Roper. Feag for IraoAUndad Doast For the purpose of this Agreement, the City of Denton will charge six dollars ($6,00) per day holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until a.l applicable fees are paid in full. (c) U21dlnq of Ouarantinfis AnizAI&o The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Corinth when conditions permit, and such action is authorized by a representative of the City of Corinth. (d) FLoldina Feea for nuwrw„~;h..l Animaist The holding fee for quarantined animals shell be seven dollars ($7.00) per day for each day that the animal is held. (a) Fiend 8hioments and Rabies Tastinat Upon request of the City of Corinth, the City of Denton will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be thirty-five dollars ($3E.00) for • each head shipped'. B. COVENANTS OF THE CITY OF CORINTH i 1. Financial Resvorsibil i vi In order to reimburse the City of Denton for its costs incurred under this Agreement, the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and cats • • received from the incorporated areas of the city of noti reclaimed s by t itsi owner agent Thase e fees ~ ill be assessed on the following basist PAGE 2 c, (a) Euthanized Animal" $6.00 per day holding fee for four o ~A (4) days for each animal $24.00 $15.00 Euthanasia Fee Total see $39.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Read Shipments $35.00 2. The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth. Impound fee monies will be applied to fees owed the City of Denton by the City of Corinth for animals not reclaimed by the owner. ItiPO VND~~ in Impoundment - $20.00 I 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Corinth agrees payment shall be made within forty-five days (45) days of receipt of invoice by the City of Corinth. J i TI. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton ,a employees, and agents, the City of Dentonos subcontractors, and/or contract laborers doing pwork under a contract mentrwithn r idt City of Denton. The City fof Corinth agrees to and accepts Lull responsibility for the acts, negligence, and/or omissions of all of the City of Corinth's employees, and e agents, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. It is understood that it is not the intention of Q the parties hereto to create liability for the benefit of third r parties, but that this agreement shall be for the benefit of the parties hereto. PAGE 3 A 0 0 L c> 0 : ..SY] III . ✓ ' 0/5 The foot that the City of Corintih and t e of Denton c~ accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a art of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognised as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the city of Corinth waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term cf the agreement shall commence as of February 1, 1995, and and January 31, 1996. Thereafter, this agreement mall be renewed for successive additional one (1) year terms commencing on February 1 of each year if the City of Corinth and the City of Denton agree in writing on or before the first day of February to a succeseive term and the amount of consideration to be paid hereunder for each successive term) provided, however, either party may terminate this agreement, upon thirty (30) days written notice to the other. V, This Agreement represents the entire and integrated agreement between the City of Denton and the city of Corinth and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the City of Corinth. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by o the laws of the Atate of Texas. VII. In the event that any portion of this agreement shall be found tc be contrary to law, it is the intent of the parties iiersto that a the remaining portions shall remain 'Valid and in full force and , • effect to the extent possible. PAGE 4 r ~ , • s~ • VIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and hove the necessary authority to sxecuts this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the flUlri day of 1995. CITY OF DENTON FY TI BOB CASTE"--My, MAYOR ATTEM JENNIFER "ALTERS, CITY SECRETARY ( MIC~L A. AS TO BLEGAL ACTING MCITY ATTORNEY BYs CITY OF CORIHTH, TEXAS BHIRLEY SP L ERCF MAYOR ATTESTr KR STIN 0 HOER, CI 'Y SECRETARY CI Y OF CO NTH, TEXAS PAGE 5 A O • ca • Ap*No AgondaNem,,. _ CITY COUNCIL REPORT FORMAT DATE: March 10, 1995 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell; City Manager SUBJECT: Consider Ordinance Limiting Parking on the South Side of The Denton Municipal. Complex REC ATION: Approve limited parking to create high turnover of parking spaces directly in front of the Denton Municipal Complex, especially for Police and Court customers SUMMARY/BACKOROLNJI ' The intent is to create high turnover parking spaces directly in front of the DMC so that customers can run in and out like at the post office or grocery store. The eight spaces (Hickory Street) would have a one hour time limit with the Police Department in the same building to enforce. This request will provide a service of convenience to it's quick turn over customers and is needed. _PROORAMS DEMDt8NTS OR GROUPS AFFECTED: Denton Municipal Complex, DMC Customers, Police Department, Municipal Court, Engineering and Transportation, Citizens FISCAL IMPACT: Approximately $200 for signage RESPEC /LLYY SUB I ED: Ll V. Havrre.. Prepared by: City Manager i _t_ C~'G l' -kk Dir ctor Engineering Transportation • Approved: ar Jerryc Director of sneering s Transportation AEB004DB e • i r Ati,Gai!ai~a, .Y. F' 'Oil C1~._ CITY of DENTON, TFUS MUNICIPAL BUILDING ~ 215 E MCKINNF. Y • DENTON, TEXAS 76201 (817),966.8200 # DFW METRO 434.2529 MEMORANDUM DA":E: March 10, 1995 TO: Rick Svehla, Deputy City Manager FROM., Jerry Clark, Director of. Engineering & Transportation i SUBJECT: Ordinance Limiting Parking on the south side of the DMC ± f This ordinance will provide for nine one hour parking spaces in front of the DMC on the south side. The ordinance calls out the spaced which are between the no parking zones that City Council previously approved in November 1994. This ordinance was the second in the packet and did not get piked up to process and publish for enforcement. i I Staff and Traffic Safety recommend approval, Jeer 1 k ~ f r AEE004A8 "Dedicated to Quality Service" ....~..^--,.....-....w....7r.... .rr.rW.W Y►Y'.::~ •k.~y... 4 S^r t y~ V; t F,•,, ' ro4~t~,~ 1~, r~' ~yf~~'Ij.~ f~i ~~b3 ~ • • ~ l Traffic Saj!GCy Ift October 26, 1994 page 4 2 r I ` ITEM NS C N21DER LIMLTED pAgKINO ON FROM HICKORY STREM This request is also covered in the letter from BettyctcKeani.froThe intent is to croate high turnover parking spaces direMl n of the DMC so that customers Y can run office or grocer store, T i in and out like at the old have a one hour time limit with the police Department tinethewsame building to enforce. This request will provide a service of convenience to it's quick turn river customers and is needed. Staff recommends approval. i • AEE0046F • • ~ i rt • • Traffic Sale^ 401on Minutes Novembd'b page 7 CONSIDER LIMITED QARKINO ON HICKORY STREET AT DENTON MUNICIPAL COMPLEX: Clark said they withdrew item one, closing of Railroad Avenue, because of some complications with the railroad on land negotiations. The commission may see this later. It's not a conflict with the adjoining property owners but wi_L the railroad. If they have t:o acquire the land from the railroad, it reduces the amowtit of money they have to build a parking lot. Singleton asked if the commission does get the item back that emergency vehicle access be addressed. Luce asked if Lot 1 was in place. Clark said yes. Luce asked who owns the land. Clark said it's leased from the railroad. Many years ago, Railroad Avenue was dedicated and the parking lots weru put in a lease with Moore Business Forms providing they stay at the name use. if that changes, the lease has to be renegotiated. Luce said he assumed that was City owned property. Clark said the railroad owns a good part of this all the way down to the south including a building operated by Redi-Mix. The railroad owns all the big vacant areas like at the railroad station. They have a wide right-of-way gore. Clark said item two remains as submitted. The spaces on the south side of the building along Hickory street between the prior zoned spaces would be limited parking. This is to provide high turn over spaces that students wouldn't use. These students attend the North Central Texas College so their entrance is on the west side of the building. Theme spaces will provide limited parking for customers to Municipal Court, Police Department, Information Services, and the Human Resource departments. This is the main entrance to the courts and police, it should be easy to enforce since the Police Department is here. Luce said he is not concerned about the need for short term parking. Is this the proper place to put it or should everything be moved away? Clark said he was asked to present the City's position and need for short term parking. when this was originally acquired from Moore Business Forms, there warn't any plan to put the college and Moorison Milling here. Based on those and what the City has put in here, they didn't know that City Court would become a court of record where they select curies on a weekly basis. The biggest numbers come from the courts and there is a big shortage for limited parking. 0 People like to have spaces in front of the building to jump out 0 0 and run into the building. AEE00485 j • 0 to Or o ~ Traffic Safety Commission Minutes November 7, 1994 page 8 , Dotson said if you don't have short term, you will have people parking there all day. If you need to come to the facility for just a short time, you can't find a place to park. Luce said with his experience on the parking committee at the university is that you will gee students parking in your one hour spots. Clark said you will Nave some of that. Dotson said that's why they need eomo way of getting them out. Luce said their thinking will be that my class is 50 minutes, !Ill park here and it gives me 10 minutes to get in and out. There will be a real attempt by the students to use a A hour spaces for attending a 50 mimite class. But, you won't know until you try. Clark said that's right. It's cutting it close. But, the hope is that they will use their designated spaces. You will always have those that will cut it to the edge. Clark said eventually the student parking can be worked into the Railroad Avenue side, that will be more convenient. Unless the college continues to grow, there should be approximately the amount of spaces they need instead of having to walk around the building to the side. Luce said the student mind will think that one hour will handle a class, If the people staff is aiming for is short term parking, something like 30 minutes, the student looks at 30 minutes and knows he can't make the class. If staff thinks 30 minutes will handle the turn over of short term parking, you might do well to make it 30 minutes. Dotson said you could have someone that needs to take care of an offense, which normally takes an hour. They don't have the parking personnel to mark tires every 30 minutes. At some point, hopefully a wheel blocking ordinance can be established to put some teeth into it. Bacon said even if you did it once a week, wouldn't that be enough? Dotson said there is a 2 hour limit on the square and it virtually has to be babysitted. People wipe the marks off the tire, backup, move, etc. There are all kinds of games played. Dotson said they need some short term spaces because they have had people walk from Crawford street, the first intersection past the mini warehouses east of the building. When it's bad weather, it's not fun to walk in the weather just to run in the building for a few minutes. That's the reason for the limited parking, Thirty (30) minutes would be ok but an hour would be more appropriate. Clark a id this still has to go to Council, so there's some flexibility. The staff who worked w'.th the planning for this site felt that an hour was the most reasonable and easiest to enforce. The commission has the flexibility to recommend what they feel is appropriate. Luce asked if the commission could recommend short term parking AEE00485 ~ 0 p • Traffic Safety Commission Minutes 3 - a1-.-q.5 November 7, 1994 / p page 9 leaving leeway to staff? Clark said the ordinance has to have a specific time frame, to it is quoted when the ticket is given. Coomes asked if there r.re 50 minute classes at the college. Clark said yes, Cooma, said make the time 50 minutes. Clark said 45 minutes would probably be better. That gets real complicated with enforcement. Bacon asked if the commission makes it an hour and it turns out students are parking there, could staff look at 30 minutes, Clark said yes. Dotson said he and the facility manager talked about this. After the first enrollment, the parking lot is not as full as it was during enrollment. Dotson said at least every two weeks they have 200 people coming in for jury selection. Those people are the ones who are having to park so far away. Clark said the commission does have the flexibility to set it by the hour, set none, or set it where they feel it's appropriate. Staff asks that you make it as easy as possible for enforcement but can do whatever you think beat. Gore said in light of the personnel enforcement, she is in favor of starting with 1 hour limited parking, STAFF RECOMMENDED: Approval COMMISSION: Bacon made a motion to accept staff's recommendation for 1 hour limited parking. Mart!,n seconded the motion. Motion passed unanimously, • AEE00465 ......r...p....... E- An r • • x.10 r MC 9 ' J4 g U HL 'I f 6 +O^ b' aG J ~ 1 Z s ILI, u- z s' w t Z _ IL- a~ g ndr ku 40 W N u q I _ C 4-3 J - J , C o O J d1 I r r.ll~ o 011 H~ . ftp i t830vdL 000 W s a 101 s -Lo I ]nanv 00A W, e rirTArrrrrmnrrrrm TT Tn • • r cs OUS tot 0 flu jZ111111 llWfZl 1iLild IIllui1W1W. U- u I Y ff ~ g laA ag • c> • b.\Af U'n NY.t:tl F. Y x4 ~L 14 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LIMITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF EAST HICKORY STREET TO ONE HOUR PARKING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; 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 stop, stand, or park a vehicle or cause a vehicle to be stopped or parked for more that one hour in designated parking spaces upon the following portions of East Hickory Street, in the City of Denton, to-wit: The north side of East Hickory Street beginning ninety-three (93) feet east of the east curbline of Railroad Avenue and extending east for one hundred eighty-six (166) feet. The north side of. East Hickory Street beginning three hundred thirty-nine (339) feet east; of the east arbline of Railroad Avenue and extending east for twenty-two (22) feet. SEECCTIO II. That if any section, subsection, paragraph, sen- tence, 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 III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be deemed guilty of a misdemeaior punishable by a fine not exceeding Two Hundred Dollars ($200,00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is • committed, or continued, and upon conviction of any such violations such person shall by punished within the limits above, SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the cap_ion of this ordinance to be published twice in the Denton Record-Chronicle, the official news- 0 paper of the City of Denton, Texas, within ten (10) days of the • • date of its passage. • O 1 r y I q 141..• LJ,Ii.! _J! ~/Q~ 9 0 PASSED AND APPROVED this the day of _ 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CI'T'Y SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • I i i j PAGE 2 --»----•-----rr-..... , , _ n.r...J1i.u.F::.. Diu.. ~ ' i ` , ~ 'tht Yt ,rf'e''~k3rYti~~Q\~~,~ `~tAh '1 ~ ' f~~tl /~~yi75✓(yo-'~j,y fI ~ t Y J, 0 p • Q fd a u ORDINANCE NO, 7S '012 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 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: the 16t- ddayoof August01.994, is heNo. 94-153, reby amended dreand ad as follows: That whe.i 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 3f Denton, to-wit: Both sides of. Railroad Avenue beginning one hundred thirty (130) feet north of the north curbline of East Hickory Street and extending north forty-two (42) feet. The north side of East Hickory Street beginning at the east curbline of Railroad Avenue and extending east ninety-three (93) feet. The north side of East Hickory Street beginning two hundred seventy-nine (279) feet east of the east curbline of Railroad Avenua and extending east sixty (60) feet. The south side of East Hickory Street beginning one hundred sixty-nine (169) feet east of the east curbline ? of Railroad Avenue and extending east fifty-five (55) feet, SAC I. 11. That an individual adjudged guilty of any of the s of nce shall punishednby a fine notlto exceed To be Huguilty of a ndred Dollars misdemeanor, ($200.00and 0 ($200,00) SECTION I1I. That if any section, subsection, paragraph, sen- tence, clause, phrase or ward in this ordinance, or application 'hereof 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 ' A enacted such remaining portions despite any such invalidity, • O SECTION iy. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which ~ o , - m • are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed , such conflict, to the extent of any SECTION V. That this ordinance shall become effective four. teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the ,L_day of 1995. BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, CITY Sl:'CRETARY BY: APP OVED AS TO LEGAL FORM: I MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • i j i 1 PAGE 2 ~i„ 1P ~rv fS3~ttl ti~~ i Cd... • a r PHOTOCOPY II',I -rx t, t~ o, • p • r egondo No. Agendalterc~,l.~L'~ March C~, l7"`©E~~ . V 07 f ~ "T-S CITY COUNCIL AGENDA ITEM TO: Mir&YOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SURIECT: CONSIDER APPROVAL OF A RIGHT-OF-ENTRY FOR CONSTRUCTION WITH THE CORPS OF ENGINEERS FOR THE. LAKE RAY R(THERTS WATER TREATMENT PLANT PROPERTY. RECOMMENDATION: The Public Utility Board, at (heir meeting of February 20, 1995, recommended approval of the Right-of-Entry for construction. (Exhibit 1) SUMMARY: The Corps of Engineers is constructing an Improved channel ,Across the Lake Ray f Roberts Water Treatment Plant Property to carry seep water that is collected { from the face dam to the main channel, This water currently flows across the Water Treatment Plant property leaving a large area by the future entrance constantly wet. The new channel will concentrate the flow It ving more of the City's property dry. The only conflict that the City has with the channel is a proposed culvert for the future water treatment plant road. The Corps of Engineers Is agreeable to Installing the culvert when the channel is built so that the City does not have to disturb the channel during the construction of the water treatment plant. The Corps will be responsible for • maintenance of the channel. The Corps will also be bringing an easement document for the City to execute In the future. PROGRAM/DEPARTMF ,NT OR GROUPS AFFFCTD: ('iticcns of Denton, City of Denton Water Utilities. s p .qU. 01 o Page 2 o ~ U FIKAL IMPACT: 7'he estimated cost of the drainage improvement project is $665,000. The project cost would he shared ba;,,veen the Cities of Dallas and Denton and the Army Corps of Engineers. Denton's share of the costs is anticipated to be 13% or $86,450. This amount will be paid for up front by the Corps and Denton's annual cost over 50 years at 7.21 % interest which will be approximately $6,400/per year. Respectf ly submitted, Llo. V. Harrell, City Manager ~ Approved by: ell R.E. Nelson, Executive Director Department of utilities Prepared hy: 1of ! !toward Martin, Di ector of Environmental Operations Exhibit 1: Right of Entn, Agrccroent H: Project Layout HI: PUB Minutes Excerpt of 2120/95 r • ra • DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINE!=RS r~// ma P. O. BOX 17300 ~5_ FORT WORTH. TEXAS 78102.0300 rJ REP r0 AT WICNOF February 15, 1995 -3 Real Estate'Division SUBJECT: Seepage and Drainage Control Project, Ray Roberts Lake Mr. Howard Martin City of Denton 215 East McKinney Street Denton, Texas 76201 , Dear Mr, Martin: Enclosed are three copies of a Right-of-Entry for Construction which would authorize construction of the subject drainage improvements on property owned by the City of Denton. It Is the Intent of the GovemmeM to obtain an easement from the City for the operation and maintenance of these Improvements. Such a conveyance document will be presented to you In the near future, however, the enclosed right-of- entry Is now offered In the Interest of allowing work on the projed to proceed In a timely manner. We rsquest that you return two signed originals to us at the letterhead address (Attertilon: CI~°BWF-RE-P, Ready Roberts). Please contact Randy Roberts (61713344372) h you have any questions regarding this actlon. Sincerely, U f ' Hyla J. Head Chief, Real Estate Division Enclosures EXHIBIT 1 Y 1 1 1 1 e' { 1' h'' • h- ~ • L~ L DEPARTMENT OF THE ARMY, w . _3_ z_F RIGHT-OF-ENTRY FOR CONSTRUCTION `LJ Ray Roberts Lake A Tract: of Land in the Sylvester Denton County, Texas Williams Survey (A-1322) The undersigned, hereinafter called the "Owner", in consideration of the total compensation to be paid by the UNITED STATES OF Plmgl A, hereinafter called the "Government", for all land or easement rights hereinafter described, to be determined by subsequent agreement b,ttween the owner and the Government, or by judicial proceedings, hereby grants to the Government, a permit or right-of-entr. upon the following terms and conditions; 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of eighteen (18) months from the date of this instrument, in order to construct a drainag* ditch and msintsnanea road and to perform other construction work as neceaeary4in accordance with the approved plane and specifications for the Ray Roberts Lake seepage and Drainage Control Project. 2. This permit includes the right of ingress and egress on other lands of the owner not described below, provided that ouch ingress and egress is necessary and not otherwise conveniently available to the Government. 1. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this permit or right-of-entry. 5. If air-raft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, the Government shall inform the owner, in advance, of each such flight or entry, 6. It is understood and agreed that if the Government does not acquire title or other necassary interest in said land prior to the expiration of this permit or right-of-entry, or any renewal thereof, the Government agrees to be responsible for any damage arising from the activ!ty of the Government, its employees and/or contractors on said lands, in the exercise of rights under this permit or right- of-entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shall make an appropriate settlement with the Owner, The land affected by this, permit or right-of-entry is, located in the County of ° Denton, State of Texas, and is more particularly described as the area outlined in red on the attached drawing, marked Exhibit "A". WITNESS MY HAND this day of , 1995 WITNESS: • w • r • DEL TA = 40' c rLtl r~ . PT 5:_ 3.24. 91 D = 111• J$ 29.61' ' b F07E+f!iL~ F -L 35.53 --v o \ + _ 205) 6l Are Er ON'REIE 7 10.55 R 50.00' Jl COE44 7' q OS . 2OC-I 39 5 vRvFSEq OROUNO rNFILL = PC 510 0.14.30 x•9550. t0 ~vE~ll ~ - - 6.5' - NEW ORt'\GE DITCH yT)PICAL SECTION TH rSEE SE O. N0. A FOR PROr itE1 . H v~tP IUIHIFNA LAD APPROX. £OGE OF SIANOING WAFER GOVEANWNT PROPEATY LINE FENCE TD B+' vfp P,T1 3 (FENCE TO BF REPLACED Af1ER •E, HEMO 5-~ 'I R• COWLf TION OF CUPS 7RUCT ION( S y. ` 2 EI E v. 5yy g l =549410 P! Sin 6.16.02 •,r 9193,657 DELTA = 6 ' 03' 3 2 . 2 9 ` I L T I 20 14- 19 26.2C' L e 112. II' \ - ' V' 0 T 56.47 R = 40D.00' PC Svc 5+59.60 PT SF.o 601.7V APPROA, f00E OF___.- ` STANDING MITER FUTURE ACCESS ROAD \ pllN9l` 6/SHINER O IT''OF -1 ^119 r' TON --r. A=f l.. a 0J • ~ E~c1 •`145.20 RTI r--.-EDGi ;F ROAD - OVERHEAD PI SIC 9+E2,52 ELECFRIC Vr L E 1 X 14123. 128 p gi 1 22 E 9.'092 9456 Rri - * - [cppH~SiRpp~~itp~yy'' L 212.61 _ N fliLH1-OF -IIdI _ ` 1 170.99' e 300,00' I S PC Sto 6+51.53 Ill PI $to 12+65.52 A PT SIC 10-.64.14 i x X 44210.469 + p1 5 r 6600.91 APPROXIMATE LOCATION OF DELTA • SV 30' 21.06' rLF ~e{ji ~ShA 55 Vv FUTURE YA 0 114' 5 29.61' A TREAIIENT t L • 44. 1y ~LEY.6Kd921 L FACILI/IES FOR EHE CITY 7 6 t OF DIATOM IPROPOSE01 R . 50.00' PC SIC 12t45, 67 u♦ ul A PI' Sto 12+86.06c4n~ r• -EXISTING 42• ACP in. D17`IQ•93 EXHIBIT t -1a.ss7.tE 1 i' r ".7 e ce r DENTON I o~ 3 000OF6700 oo°~ 4- .41 < oo 4s o ° o [::3 ° 0 0 0 000 r ~ ~O~O 0000 ° N , ~ ~~p0 ~aaaaaoo~ CITY COUNCIL 0 0 r • m . r ACM Mo - Zl . Age 1 OP I CITY of DENTON, TEXAS MUNICIAAL BULL DINGO 215E. MCKINNEY o DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM TO. Honorable Mayor and Members of the {City Couno,ll FROM: Jon Fortune, Chief Finance Officer DATE: March 17, 1995 U \\l SUBJECT., HOTEL OCCUPANCY RECIPIENT CONTRACT As you are aware, the City Council hotel occupancy tax sub- committee made a recommendation to City council on February 28, 1995 regarding distribution of hotel occupancy tax funds. At that time, Council directed staff to distribute contracts, as recoritended by the sub-committee, to the proposed recipients for their approval. Please find attached the contract for your approval as approved by the North Texas state Fair Association regarding the distribution of hotel occupancy tax funds. If you have any questions please advise. Thank you. • r "Dedicated to Quality Service" 1 ! ` .u.r.rM-.~.•r.wr~Z.w-..... ~ ~ -..Vf ~~lY4 .e... e.. T.~.IYIf.... ' I!5 .r !Na;~ 'S~•a'f Mt s m .CITY COUNCI I y ff-- _ 0 1~ A A A{ AMA br Oti d • % h r O M t ~ D~O3 o 1. ~k d s W . E:\WPDOCR\ORD\FA IR, 110T ~+~11ld9Na,,..~ A~Idaltoa D* 1C) 'lC> ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE PAYMENT AND USE 0? HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. :SECTION IT That this ordinance shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of , 1995. BQB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: . MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: r 0 r r AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the North Texas State Fair Association, a non-profit corporation incorporated under the laws of the State of Texas (the "Association"): WHEREAS, TEX. TAX CODE 5 351.002 authorizes the CITY to levy E by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-•67, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE $351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and con- vention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and 4"IEREAS, TEX. TAX CODE 5351.301 (c) authorizes the CITY to delegate by contract with the ASSOCIATION as a private organization the managewent and supervision of programs and activities of the type described heteinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the ASSOCIATION agree and contract as follows; I, HOTEL TAX REVENUE PAYMENT TO ASSOCIATION 1.1 Consideration. For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified 0 herein (such payments by the CITY to the ASSOCIATION sometimes r r herein referred to as "the agreed payments" or "hotel tax funds"). 1.2 Amount Of Payments to Assooiation. (a) As used in this agreement, the foglowing terms shall have the following specific meanings: r o , • • r i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i,e., fiscal year or -fiscal quarter) as municipal hotel occupancy tax at the rate -f seven percent (7$) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351, 02 and City Ordinance 86-87, together with and including any sums of ;Honey received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of ;honey equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e, fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for -osts of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not :.n the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax Erom ~axpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or audit_ng of such taxpayers. II fb The CITY shall pay _o ASSOCIATION an amount of money equal to twelve and seven tenths of a percent (12,70W) of the base payment amount for the period ^f April 1, 1995, through Septemiuer 30, 1995 or Thirty-two Thousand Dollars ($32,000,00), whichever is less. (c The CITY shall pay to ASSOCIATION an amount of money equal tc twelve and seven tenths of a percent (12.700 of the base payment amount for the period of ')ctober 1, 1995, through September 30, 1996 or Sixty-four Thousand Dollars ($64,000,00), whichever is ess, • 'd, :'he C`TY shall pay _o ASSOCIATION an amount of money equal to twelve and seven tenths of a percent (12.700 of the base payment amount for the period of October 1, 1996, through September 30, 1997 or Sixty-four Thousand :ollars ($64,000.00), whichever is less. 1,3 Dates of Payments to Association. , ia) The term "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in Qi.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the ASSOCIATION the agreed payments specified in X1.2 above by quarterly paying twelve and seven tenths of a percent (12,70&) of the base amount or one-fourth (1/4) of • ra ~21 45 ~t C9C=~0 Sixty-four Thousand Dollars {$64,000.00), whichever is less. Each such quarterly payment shall be paid to the ASSOCIATION on or before the forty-fifth (4Sth) day after the last day of such respective fiscal quarter for which such payment is due, if quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment (s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period, Any future funding is solely the responsibility of the ASSOCIATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE OF HOTEL TAX REVENUE BY ASSOCIATION 2.1 Use of Funds. Fc-' and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for the following purposes: la) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or recris- trants to the municipality or its vicinity; ' as authorized by TEX. "AX CODE § 351.101(a)(2)-(5) 2.2 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, Supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those act_vities specified in 12.1 above and are allowed by TEX. TAX CODE § 351,101(f), • 2,3 Specific Restrictions on Use of Funds. !a) :hat portion of total administrative costs of the ASSCCIATICN for which hotel tax funds may be used shall not exceed that port:.on of the ASSOCIATICNIS administrative costs actually incurred in conducting the acti:,ities specified in x}2.1 above. b b) otel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. • • III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fiscal year of this Agreement for the ASSOCIATION and any other operation or function of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION. This budget shall specifically identify proposed expenditure of hotel tax funds by the ASSOCIATION. In other worus, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the ASSOCIATION any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respec- tive fiscal year has been approved in writing by the Denton City Council. (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate account. 3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the ASSOCIATION and, upon reasonably advance written request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available .'or inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor- mance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The ASSOCIATION . O O shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings •-)f the North Texas Fair Association PAGE 4 ,i Ga • lp 0 ICS Board of Directors as well as any other meeting of any constituency of the ASSOCIATION at which this Agreement- or any matter the subject cf this Agreement shall be considered. This provision shall not be deemed to require tae ASSOCIATION to give notice of any execu-ive session of the Executive Committee of the ASSOCIA- "rIvN, IV, REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursement of Association for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(al the CITY agrees to reimburse the ASSOCIATION for any and all expenses and costs undertaken by =he ASSOCIATION in performance o" .hose act'vities specified in 'r2.1 above or expenses or costs incurred cy the ASSOCIATION as described in f.2,2 above. rho CITY is obligated to reimburse -he ASSOCIATION for expenses and costs as described in C2.2 above only for the period commencing upon the date notice of termination is given anri ending upon the date of termination. Further, this obligation shall be limited to the lesser of :he actual expenses and costs incurred by the ASSOCIATION during the one hundred eighty day period p.-eceding termination or .he agreed payments otherwise due and payable to the ASSOCIATICN for such period. 4.2 Reimbursement of Association for Contractual Obligations. the event that this Agreement is terminated pursuant to Section S.2(a), e CITY agrees 'D reimc-.:rse the ASSOCIATION £cr any and all contractual obligations of tae ASSOCIATT.ON undertaken by the ASSOCIATION in performance of t:,ose services specified in $2.1 above, ccn.ditioned upon such con-ractual obligations having been :ncvrre_ _.nd entered into in the good faith performance of those services -ontemplated in t2.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full '-erm of '.).is Agreement. Notwithstanding any provision erecf -o the contrary, the obligation of -ne CITY to reimburse the ASSOCIA- 91 ION or tc assume the performance of any contractual obligar.i.ons of 1 he ASSOCIATION for or under any contract. entered into by tie ASSOCIATION as contemplated here.:: shall nr)t exceed THRE7 THOUSAND • FIVE HUNLRED DOLLARS (S3,500.00 Such monetary limitation is c'amulative of all contractual obligations and shalt not be construed as a monetary :imitation on a per contract basis. 4.3 Payment of Reimbursement to Association. a) ,lith respect to expenses and costs incurred by the ' ® ASSOCIATION for which the CIT1' is obligated to reimburse the j ASSOCIATION pursuant to X4,1 above, the CITY shall pay such 1 :.^_imburse~nent amount due, if any, to the ASSOCIATION on or before the fort.;-fifth ol5th1 day after the date of termination of this Agreement. ib) With respect to contractual obligations undertaken by the ASSOCIATION for which the CITY is obligated to reimburse the QO I • 1 a. • ASSOCIATION as provided in 4,14,2 above, the CITY shall r irfibuseOJ.C r._Cr5 ASSOCIATION for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according tc the terms of such contract limitation set forth in 14,2 above. 7 C~1'l a 4.4 Indemnification. The ASSOCIATION agrees to :ndemn.ify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of ASSOCIATION, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance. The ASSOCIATION shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/5500,000/$250,000) $500,000 Business Automol.,iI.e Liability The CITY must be named as an additional insured (except Wcrkers' Compensaticn) and proof of coverage shall be submitted prior tc anv payment by the CITY. ji V. TERM AND TERMINATION 1 5.1 Term. The term of this Agreement shall be for two and one- half years, commencing April 1, 1995 and terminating at midnight on September 30, 1997. This term shall be comprised of an initial period of six (6) months and subsequent two (2) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30. • 5.2 Termination. (a) This Agreement may br: termin-ited by either party by giving the other party one hundred eighty (180) days advance written notice. e (b) ':his Agreement shall automatically terminate upon the • + occurrence of any of the following events: J i) The termination of the corporate existence of the ASSOCIATION, .ii) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, o hr." a • O • or and assignment by the ASSOCIATION for the bens it of creditors; o '4 iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or iv) The failure of the ASSOCIATION to submit a finan- cial report which complies with the recording procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, VI. GENERAL PROVISIONS 6,1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12.1 above, In the event that the ASSOCIATION enters into any arrangemen.:, contractual or otherwise, with such other entity, person or organization, the ASSOCIATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject tc all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate -unds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee 1 of the CITY, The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, cr organizations performing the same and the ASSOCIATION shall be so'ely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors, he ASSOCIATICV shall not be considered a partner or joint venturer with the. CITY, nor shall the ASSOCIATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The ASSOCIATION shall not assign this Agreement • without first obtaining the written consent of the CITY. • • 6.4 Notice, Any notice required to be given under this Agreement J or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: • a • _ C15 _ U t ~3 021 7 Tom' ASSOCIATION City Manager President City of Denton North Texas State Fair Association 215 E. McKinney P. 0. Box 1695 Denton, TX 76201 Denton, TX 76202 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. Thr..:e are no representations, agreements, arrangements, or under- standings, oral or written, .xpreas or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.8 Duplicate Originals. This Agreement is executed in duplicate originals. { 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific; terms of the section and paragraph so designated, • EXECUTED this day of 1995. THE CITY OF DENTON, TEXAS By: _ ~ BOB CASTLEBERRY, MAYOR • • • a► i - 4, U ATTEST: APPROVED AS TO LEGAL FORM: By: / Vir /L JENNIFER WALTERS, By, MICHAEL`A. BUC'dK, CITY SECRETARY ACTING CITY ATTORNEY NORTH T XA STATE FAIROOC~IATION By: resident ATTEST: APPROVED AS TO LEGAL FORM; By: By: Secretary • F.:vMFL~. CS\%\NI'FAIF,K i > F , d1 i 7 rh 1 ~ v s e DENTON vzo0Daooooo oo°~ Noq> CZ, p d 000 ~ o ~ ~ ~d0 O~/j>D N , o~°° ao~aaaoo U ® CITY COUNCIL r . c w • . a. ) aC►1 MY of DENrON, TEXAS MUNICIPAL 8! 1/1. DING 215 E. MCKWNEY • DENTON, TEXAS 76201 {817) 566.8200 • DM METRO 434.2529 MEMORANDUM TO: Honorable Mayor and Members of the CV oun cil FROM: Jon Fortune, Chief Finance Officer DATE: March 17, 1995 SUBJECTi HOTEL OCCUPANCY RECIPIENT CONTRACT As you are aware, the City council hotel occupancy tax sub- committee made a recommendation to City Council on February 26, 1995 regarding distribution of hotel occupancy tax funds. At that time, Council directed staff to distribute contracts, as recommended by the sub-committee, to the proposed recipients for their approval. Please find attached the contract for your approval as approved by the Denton Chamber of Commerce regarding the distribution of hotel occupancy tax funds, and a memo from the Chamber discussing the contract. If you have any questions please advise. Thank you, i i • a "Dedicated to Quality Srrvice" • March 17, 1995 i Mayor Bob Castleberry Denton City Council 215 E. McKinney Denton, TX 76201 [,ear Mayor Castleberry and City Council: The Denton Chamber of Commerce has received the proposed contract for operating a Convention & Visitor Bureau (CVB) within its organization for the community of Denton. The terms of the contract have been reviewed by our Chamber of Commerce board of directors and the CVB Advisory Board. Both boards commit to this agreement with one change to the contract. In the final sentence of Section 3.5, page 5, include "or board of directors" as originally agreed in the existing contract. We also have concerns about the cap on occupancy tax as it relates to the CVB's suggested programs and operation. See attachment. We also want to embrace the new initiatives proposed by Vision and Fantus. With a cap, the future is limited. The Bureau's efforts will be handicapped thus causing a reduction in total occupancy tax funds for all recipients. The Chamber of Commerce requests that City Council reconsider this contract proposal within one year. We would like to see one of two changes: an Increase in occupancy tax funding or a negotiated amount of a specific percentage of occupancy tax. Please understand that these suggestions are made to assure the best professional promotion of Dentr J and all its hospitality industry partners. » We look forward to a timely response. Sincerely, A Charles W. Carpenter George Highfill President C"air Denton Chamber of Commerce Denton Convention & Visitor Bureau Advisory Board ICCR[bliltb 111 PARKWAY • P.O. DRAWER P • DEMON, TEXAS 76202.1719 • (817( 382.9693 Rim 9 n r r~r wJ•L.. .,.'S W.M.. r • h- m • r DENTON CONVENTION & VISITOR BUREAU INITIATIVES TO BE CONSIDERED ~~G ) 1. The CVB's purpose is to generate the occupancy tax. Unlike the other recipients of occupancy tax, the CVB's purpose is to see [hat people spend their nights and money in Denton, Due to the CVB's efforts, all recipients benefit. With the suggested cap, there is less of an incentive to generate even more funds to promote Denton through the CVB. 2. The CVB is and should continue to be ready for changes in the market- place. The CVB is working on the development of certain projects and/or anticipating cooperative arrangements with other agencies that have significant potential to affect tourism in Denton. With the cap, certain projects may not be initiated or have support. 3. There are several opportunities within the city-wide Vision process which may need assistance from the CVB. These include: Feasibility Study for a convention center, multi-purpose equestrian center, amphitheatre, museums (fashion collection, Peterbilt trucks, or music heritage). Estimated cost: $50475,000. Promotion and rrirketing of any of the above named facilities. Estimated coat: $50-$75,000. 4. Denton is currently working towards developing the business community. As the Fantus report and the initial Vision recommendations suggest, the city of Denton needs to adopt and promote a brand image. As an external promotions agency, the CVB needs more funding to participate in a multi-faceted campaign. Estimated cost: $$50,000. 5. Both the University of North Texas and Texas Woman's University attract academic, athletic, arts and entertainment events to Denton. The CVB • should be able to support their efforts in cooperative partnership to impact the hotel/motel business and related businesses. Example: UNT's athletic department is currently seeking sponsors for their football telecasts on cable television. Estimated cost: $25450,000. 6. A second Visitor Information Center located in the Golden Triangle Mall s area would allow for better exposure to visitors and residents traveling • from the south through the Dallas metropolitan area. Estimated cost: $20,000. • • 7. Support of new projects which could bring new hotel properties andd~~.:- qJ~ related businesses to Denton is vital. Example: the new NASCAR rack r) 1 track which is to be constructed In Denton County and subsequent promotions to attract visitors to Denton would expect cooperative alliances with area tourism agencies. Denton should have ownership of this type of project rather than the DFW Metroplex area. Estimated cost: $50,000. B. The cap also lessens the chance to accumulate reserve money to protect the CVB from the result of a hotel fire or bankruptcy. Either of these circumstances would cause the occupancy tax collections from a property to cease for six months to a year. There have been times when the CVB has had to use reserves for unexpected circumstances, Examples are: two hole! bankruptcies In the late 80's, a $10,000 gfft to Texas Special Olympics to Insure Denton the right to host the Summer Games for two years, and the cost of hosting several receptions for Peterblit during their transition from California. Reserves allow for crises and opportunities. Retaining a reserve fund enables a CVB to continue its total promotional program during good and bad times. • Madmtnlconlricl 1 .~...~.~...,......w...~.r.... • rr... y.: r.~.y.,,,,F, tl! r i 45r~ ~1 f ' 'rf i , ` ' u 3d. 4,~ ~yYr}ll,~l ri x;1i ! Q, if 1'~j' A • w- E:\MPDOCS\CRD\CRA?0FR.H0T 67 15 (0_ s ~ tL. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,UCTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the. agreement, a copy of which is attached hereto and made a part hereof. SECTION II., That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: C I f I .~w~n.e, ..raaw.~7y w,.. , / .w W4MW/.Ytl~/4`. 1• NN" ' 4 0 • as ' • AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton Chamber of Commerce, a non-profit corporation incorporated under the laws of the State of Texas (the "Chamber"): WHEREAS, TEX. TAX CODE 5 351,002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (M of the consideration paid by a hotel occupant; and WHEREAS, by ordinance 86..67, the CITY has provided for _he assessment and collection of a municipal hotel occupancy tax in the city of Denton of seven percent (7k); and WHEREAS, TEX. TA'; CODE 5351,101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and ccnducting solicitations and promotional programs to attract tourists and con- vention delegates or registrants to the municipality or its vicinity; and WHEREAS, the CHAMBER is well equipped to perform those 1 activities through its Denton Convention and Visitors Bureau; and 1 WHEREAS, TEX. TAX CODE 5351,101 (c) authorizes the CITY to delegate by contract with the CHAMBER as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promir;es contained herein, the CITY and the CHAMBER agree and contract as follows; • 1. HOTEL TAX REVENUE PAYMENT TO CHAMBER 1.1 Consideration. For and in oonsideration of the activit-las to be performed by the CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such • payments by the CITY to the CHAMBER sometimes herein referred to as • • "the agreed payments" or "hotel tax funds"). 1.2 Amount of Payments to Chamber. (a) As used in this agreement, the following terms shall have the following specific meanings: t tra t (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7t) of the price paid for a roam in a hotel, pursuant to TEX. TAX CODE 5351,002 and City Ordinrnce 86-87, together with ar' including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers, (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) Huch amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorney:: or agents not in the regular employ of the CITY and which attorneys or agents zffect collection of the hotel tax from taxpayers or audit such taxpayers) and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to CIIAMBER an amount of money equal to thirty eight and one tenth of a percent (38,10*) of the base payment amount for the period of April 1, 1995, through September 30, 1995 or Ninety-Six Thousand Dollars ($96,000.00), whichever is less. (c) The CITY shall pay to CHAMBER an amount of money equal to thirty eight and one tenth of a percent (38,109e) of the base payment amount for the period of October 1, 1995, through September 30, 1996 or One Hundred Ninety-Two 'T'housand Dollars ($192,000.00), whichever ie less. (d) The CITY shall pay to CHAMBER an amount of money equal to thirty eight and one tenth of a percent (38,10%) of the base payment amount for the period of October 1, 1996, through sc.ptember 30, 1997 or One Hundred Ninety-Two Thousand Dollars ($192,000,00), whichever is less. 1.3 Dates of Payments to Chamber t (a) The term "quarterly payments" shall nean payments by the t CITY to the CHAMBER of those amounts specified in 1y1.2 above as determined by the hotel tax revenue collected by the CITY during J any one fiscal quarter during the germ of this Agreement, (b) CITY shall pay the CHAMBER the agreed payments specified in 11,2 above by quarterly paying thirty-eight and one tenth of a percent (38,106) of the base amount or one-fourth (1/4) of One PAJE 2 .wY rnr..wN.li.. 1 n r uw.~rLVdW.:: t ii iii • ca • i - a~ - X15 t3 c~~ Hundred Ninety-two Thousand Dollars ($192,000.00), which ever is less. Each such quarterly payment shall be paid to the CHAMBER on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment (a) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE OF HOTEL TAX REVENUE BY CHAMBER 2.1 Use of !:undo. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for the following purposes; (a) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrantsl (b) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity! (c) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums! (i) at or in the immediate vicinity of convention center facilities or visitor information centerst or • (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. as authorized by TEX, TAX CODE 5 351.101(a)(2)-(5). • 2.2 Administrative Coate. The hotel tax funds received from the • • CITY by the CHAMBER may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed by TEX. TAX CODE § 351.101(£). 2.3 Specific Restrictions on Use of Funds. rAGE 3 W t 1/j (a) That portion of total administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHAMBER'S administrative coats actually incurred in con- ducting the activities specified in 12,1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fis- cal year of this Agreement for the Denton Convention and Visitors Bureau and any other operation or function of the CHAMBER in which the hotel. tax funds shall be used by the CHAMBER, This budget shall specifically identify proposed expenditure of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended, The CITY shall not pay to the CHAMBER any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writing by the Denton City Council, (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement, The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in § 351,101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate account. E 3.3 Financial Records. The CHAMBER shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CHAMBER and, upon reasonably advance written re- quest of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records e available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee, 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the CHAMBER shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the PAGE 4 ca • h s 11 ~ f(. 16 expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. N 351.101(c) (Vernon 1994). The CHAMBER shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Chamber of Commerce Board of Dir- ectors as well as any other meeting of any constituency of the CHAMBER at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CHAMBER. IV. REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursement of Chamber for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all expenses and costs undertaken by the CHAMBER in performance of those activities specified in 522.1 above or expenses or costs incurred by the CHAMBER as described in 12,2 above, The CITY is obligated to reimburse the CHAMBER for expenses and costs as described in $2.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination, Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the CHAMBER during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the CHAMBER for such period. 4.2 Reimbursement of Chamber for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all contractu- al obligations of the CHAMBER undertaken by the CHAMBER in perfor- mance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12,1 above, and further conditioned upon such contractual oblign• lions having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the CHAMBER or to assume the perfor- mance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed TEN THOUSAND DOLLARS ($10,000.00). Such monetary limitation is cumulative of all contractual obligations and shall 0 not be conptrued as a monetary limitation on a per contract basis. 4.3 Ptyment of Reimbursement to Chamber. ,a) with respect to expenses and costs incurred by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER pursuant to 14,1 above, the CITY shall pay such reimbursement PAGE it 0 O • e amount due, if any, to the CHAMBER on or before the forty-fifth (45th) day after, the date of termination of this Agreement, i (b) With respect to contractual obligations undertaken by the CI4AMBER for which the CITY Is obligated to reimburse the CHAMBER as provided in 14.2 above, the CITY shall reimburse the CHAMBER for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 94.2 above, 4.4 Indemnification, The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees ` from and against any and all claimo or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance, The CHAMBER shall provide insurance as followed $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY, V. TERM AND TERMIPATION 5.1 Term. The term of this Agreement shall be for two and one- half years, commencing April 1, 1995 and terminating at midnight on September. 30, 1997, This term shall be comprised of an initial period of six (6) months and subsequent two (2) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30, 5.2 Termination, (a) This Agreement may be terminated by either party by • giving the other party one hundred eighty (180) days advance • written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following eventsi i (i) The termination of the corporate existence of the CHAMBER! PAGE 6 JY:W • Q • 7 `d 0 t~ (ii) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or and assignment by the CHAMBER for the benefit of creditors; (iii) The continuation of a breach of any of the terms cr conditions of this Agreement by either the CITY or the CHAMBER for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the CHAMBER to submit a financial report which complies with the recording procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI, GENERAL PROVISIONS 6.1 Subcontract for Performance of Serv;oee, Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the CHAMBER with another private entity, person, or organi- zation for the performance of those services described in 12 1 above. In the event that the CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the CHAMBER shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi•. sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Acknowledgement of Denton Convention and Visitors Bureau. The CI'T'Y acknowledges that the services contemplated in this Agreement may be performed by the Denton Convention and Visitors Bureau, a wholly-owned and managed entity within the CHAMBER. Any and all rights, benefits, obligations, and duties under this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to the expenditure of the agreed payments and hotel tax funds, shall inure to the benefit and • obligation of the Denton Convention and Visitors Bureau. The Bureau shall not be construed to be a subcontractor or assignee under. T6.1 or 16.4 of this Agreement. 6.3 Indopendent Contractor. The CHAMBER shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee ' • of the CITY, The CHAMBER shall have exclusive control of its • • operations and performance of services hereunder, and such persona, entities, or organizations performi.nq the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out as an agent or official representative of the CITY, PAGE 7 i Q • ~ Gf Il+ 6.4 Assignment. The CHAI4BER shat. not assign this ~lgreeme t without first obtaining the written consent of the CITY. 6.5 Notice. Any notice required to be c,riven under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited i.n the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY CHAMBER. i If By Mail: City Manager President City of Denton Denton Chamber of Commerce 215 E. McKinney Drawer P Denton, TX 76201 Denton, TX 76202 If by hand-delivery: President Denton Chamber of Commerce 414 W. Parkway Denton, TX 76201 6.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability Set: furth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. 6.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, .State laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, an all judicial determinations relative thereto, 6.6 Exclusive Agrs...s,ent, This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. 'there are no representations, agreements, arrangements, or under- Standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein, The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions, ® 6,9 Duplicate Originals, This Agreement is executed in duplicate origirais. 6.10 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. PAGE B II • a • f ,V EXECUTED this day of 1995. THE CITY OF DENTON, TEXAS By: ROB CASTLEBERRY, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By: By: c' JENNIFER WALTERS, M EL A, BU K, CITY SECRETARY ACTING CITY ATTORNE; DENTON BER OF COMMERCE { f By: President I ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary • 1 ~ i R\XAIXY'9\K\c1UM86R,K , PAGE 9 5r,($ ~ wlx l IS 1'. s r l , DENTON o,vZoooadappp ooo~ 0 ~ opo ~ ~o o~ Q b d ~ oDp~ ~~~o OOp r o 00wooo ~p0 Oppp NP ~Qpo a4Qo d pp~ 1 CITY COUNCIL r i • aQlMIeND r-016.Y owe . Agelld- MY of DBNTONO TEXAS _ MUN10PAL BUILDING • 215 E McK1NNEY • DENTON, TEXAS 76201 (817) 668.8200 • DFW METRO 434.2629 MEMORANDUM Tot Honorable Mayor and Members of the City Council FROMi Jon Fortune, Chief Finance :,ffioer. +hC DATES March 17, 1995 U 1 SUBJECTi HOTEL OCCUPANCY RECIPIENT CONTRACT As you are aware, the City council hotel oocuppanoy tax sub- committee made a recommendation to City Council on February 28, 1995 regardng distribution of hotel occupancy tax funds. At that time, Council directed staff to distribute contracts, as recommended Joy the sub-committee, to the proposed recipients for their approval. Please find attached the contract for your approval as approved by the Denton County Historical Museum regarding the distribution of hotel occupancy tax funds. If you have any questions please advise. Thank you. • "Dedlcared to Qaallo" Semilce" I • 1'~ t r.F~'(~ 4.~ }~A <$a?t'.~'~f'.~L y('~lt;l'1~~~SA•1~•~i i CITY COUNCIL 01 D~ c 0M I• i ~ CD Ol • • Ri\MPD0CS\0Rb\MU86UM bar aAeRdANO, ~ Agendalfeet .rate ....~i;~,~... I " ORDINANCE NO. U1 10 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUES AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the Mayor is hereby authorized to execute an agretmant between the City of Denton and the Denton County Historical Museum for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION IT That this ordinance shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY • BY: C •T I - i ...,.,.........-..~..«...-1'r. i n..r.,. err.: u4fYw Ya". . rr -iv . mom r • I GJ 0 AGREENENT BETWEEN THE CITY OF DEMTOM AND THE DENTON COUNTY HISTORICAL MUSEUM PROVIDING FOR THE PAYMENT AND USE OF i(OTEL TAX REVENUE c~palTcorporationNT madel~between the City of Denton, Texas, a Muni- Museum, a non-profit tcorporation in orporatedtunder the awst fithe state of Texas (the "Museum" WHEREAS, TEX. TAX CODE 8 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax exceeding seven percent (7t) of the consideration not occupant; and paid by a hotel WHEREAS, by Ordinance 86-67, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7$); and WHEREAS, TEX. TAX CODE 8351.101 (a) (5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to tourism and the convention and hotel industry performing historical restoration and reservation promote and conducting solicitations rojects or or Advertising tourists and convention delegates to visit programs to encourage a eved historic sites or museums at or in the immediate vicinitysofrcon ention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention dele- gates, or, other visitors to the municipality; and WHEREAS, the MUSEUM is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 8351.101 (c) authorizes the CITY to delegate by contracL with the MUSEUM as a private organization the describedthereinaboveif nded with revenue fromtivities of occupancy taxi municipal the hotel inutuaNOWI THEREF nteORE, in consideration of the performance of the • promises contained herein, the CITY and the MUSEUM agree and contract as follows; I- HOTEL TAX REVENUE PAYMEIIT TO MUSEUM 1.1 Consid*ratioa. For and in consideration of the activities to be performed by the MUSEUM under this Agreement, the CITY agrees to r ® pay to the MUSEUM a portion of the hotel tax revenue collected by • ' the CITY at the rates and in the manner specified herein (such payments by the CITY to the MUSEUM sometimes herein referred to as "the agreed payments" or "hotel tax funds"). • d • • l~- 1.2 Amount of Payments to Kc%Saua. (a) As used in this agreement, the following terms shall have the following specific, meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel. occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City Ordinance 86-87, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base of money eq al to the total a hotel tax amount" shall amount collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to MUSEUM an amount of money equal to eleven and fifteen one hundredths of a percent (11.15%) of the bane payment amount for the period of April 1, 1995, through September 30, 1995 or. Twenty-eight Thousand One Hundred Dollars ($28,300.nO), whichever is less. (c) The CITY shall pay to MUSEUM an amount of money equal to eleven and fifteen one hundredths of a percent (11.15%) of the base payment amount for the period of October 1, 1995, through September • 300 1996 or Fifty-s.x Thousand Two Hundred Dollars ($56,200.00), whichever is less. (d) The CITY shall pay to MUSEUM an amount of money equal to eleven and fifteen one hundredths of a percent (11.151) of the rase payment amount for the period of October 1, 1996, through September 30, 1997 or Fifty-six Thousand Two Hundred Dollars ($56,200.00), ® whichever is less. • r 1.3 Dates of Payments to Museum. (a) The term "quarterly payments" shalt mean payments by the CITY to the MUSEUM of those amounts specified in 11.2 above as PAGE 2 • 0 I • • determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement, (b) CITY shall pay the MUSEUM the agreed payments specified in 11.2 above by quarterly paying eleven and fifteen one hundredths of a percent (11.15%) of the base amount or one-fourth (1/4) of Fifty-six Thousand Two Hundred Dollars ($56,200.00), whichever is less. Each such quarterly payment shall be paid to the MUSEUM on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the and of the applicable quarter, then CITY may withhold the quarterly payment(o) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the MUSEUM. (d) it is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. UON OF HOTEL TAX AEVLXUE BY MUSEUM 2.1 Use of Funds. For and in consideration of the payment by the CITY to the MUSEUM of the agreed payments of hotel tax funds specified above, the MUSEUM agrees to use such hotel tax funds only for the following purposes: (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; and (b) historical restoration and prestirvation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; • (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. • as authorized by TEX. TAX CODE S 351.101(a)(2)-(5), 2.2 Administrative Casts. The 'zotel tax funds received from the CITY by the MUSEUM may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the PAGE 3 • 0 • w • J CU i _,1 C7 MUSEUM of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351,101(f). 2.3 Specific Restrictions on Use of Pun4s. (a) That portion of total administrative costs of the MUSEUM ofr theicMUSEUM'St dministrative co tshactually exiceed pin rcon- ducting the activities specified in 12.1 above. c (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Bud it, (a) on or before July 31st of each calendar year during the term of this Agreement, the MUSEUM shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fis- cal year of this Agreement for the MUSEUM and any other operation or function of the MUSEUM in which the hotel tax funds shall be used by the MUSEUM. This budget shall specifically identify proposed expenditure of hotel tax funds by the MUSEUM. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the MUSEUM any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writing by the Denton City Council. (b) The MUSEUM acknowledges that the approval of such budget by the Denton City council creates a fiduciary duty in the MUSEUM with respect to the hotel tax funds paid by the CITY to the MUSEUM under this Agreement. The MUSEUM shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(x) TEX. TAX. CODE and in the budget as approved by the CITY. • 3.2 Separate Accounts. The MUSEUM shall maintain any hotel tax funds paid to the MUSEUM by the CITY in a separate account, 3.2 financial Records. The MUSEUM shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the MUSEUM and, upon reasonably advance written re- quest of the Denton City Council or the City's Executive Director ® of Finance or his designee, shall make such financial records r available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. PAGE 4 ca • l tJ CSI 3.4 Quarterly Reports. within thirty days after the end of every quarter, the MUSEUM shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The MUSEUM shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.s Notice of Meetings. The MUSEUM shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton County Historical Museum Hoard of Directors as well as any other meeting of any constituency of the MUSEUM at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the MUSEUM to give notice of any executive session of the Executive Committee of the MUSEUM. IV. REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursement of Museum for Administrative Costs. In the event that this Agreement is terminated p rsuant to Section 5.2 (a), the CITY agrees to reimburse the MUSEUM for any and all expenses and costs undertaken by the MUSEUM in performance of those activities specified in 12.1 above or expenses or costs incurred by the MUSEUM as described in 12.2 above. The CITY is obligated to reimburse the MUSEUM for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser cf the actual expenses and costs incurred by the MUSEUM during the one hundred .-ighty day period preceding termination or the agreed payments otherwise due and payable to the MUSEUM for such period. 4.2 Reimbursement of Museum for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the MUSEUM for any and all contractual • obligations of the MUSEUM undertaken by the MUSEUM in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- e tion of the CITY to reimburse the MUSEUM or to assume the perfor- mance of any contractual obligations of the MUSEUM for or under any • contract entered into by the MUSEUM as contemplated herein shall J not exceed THREE THOUSAND DOLLARS ($30000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. PAGE 5 • ca • Its 7c) 4.3 Payment of Reimbursement to Nuseum. (a) With respect to expenses and costs incurred by the MUSEUM for which the CITY is obligated to reimburse the MUSEUM pursuant to 14,1 above, the CITY shall pay such eimbursoment amount due, if any, to the MUSEUM on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) with respect to contractual obligations undertaken by the MUSEUM for which the CITY is obligated to reimburse the MUSEUM as provided in 14.2 above, the CITY shall reimburse the MUSEUM for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemaifioation. The MUSEUM agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the MUSEUM or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of MUSEUM, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance, The MUSEUM shall provide insurance as followsi $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$5001000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. V. TERN AND TBUINATION • 5.1 Term, The term of this Agreement shall be for two and one- half years, commencing April 1, 1995 and terminating at midnight on September 30, 1997, This term shall be comprised of an initial period of six (6) months and subsequent two (2) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 90, • 3.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. PAGE 6 I a • • j J QJ C) (b) This Agreement shall automatically terminate upon the occurrence of any of the following eventsi (i) The termination of the corporate existence of the MUSEUM; (ii) The insolvency of the MUSEUM, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or and assignment by the MUSEUM for the benefit of crediturs; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the MUSEUM for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the MUSEUM to submit a financial report which complies with the recording procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GENERAL PROVISIONS 6.1 Subcontract for Performanoe of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the MUSEUM with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the MUSEUM enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the MUSEUM shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The MUSEUM shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The MUSEUM shall have exclusive control of its operations and performance of services hereunder, and such persons, • entities, or organizations performing the same and the MUSEUM shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The MUSEUM shall not be considered a partner or joint venturer with the CITY, nor shall the MUSEUM be considered nor in any manner hold itself out as an agent or official representative of the CITY. • 6.3 Assignaent. The MUSEUM shall not Fssign this Agreement • without first obtaining the written consent )f the CITY. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when PAGE 7 • d • W 00 given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows; CITY MUSE( City Manager Chair, Hoard of Trustees City of Denton Denton County Historical Museum 215 E. McKinney P. 0. Box 2800 Denton, TX 76201 Denton, TX 76202 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the MUSEUM and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Vxclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agroements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to tha subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions, 6.e Duplicate Originals. This Agreement is executed in duplicate originals. 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the • purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of 1995. THE CITY OF DENTON, TEXAS By; BOB CASTLEHERRY, MAYOR PAGE 8 v..a... «..r. .~wti...,Y... . • M w~.rr.. MYi~Ywi::'i• YiP • 4, 3 95 1 6 O-F10 ATTEST: APPROVED AS TO LEGAL FORM: AMCHAEk-.BUCEK, By: By; JENNIFER WALTERS, CITY SECRETARY ACTING CITY ATTORNEY DENTON COUNTY HISTORICAL MUSEUM By7 Chair, Board of Trustees ATTEST: APPROVED AS TO LEGAL FORM: By7 By7 Secretary • 9i WDOM K1M1C67M. K 1 PAGE 9 r ..`w.r.r.......rr~.rrr.. ....1.. , w •rw.- ...~....SpiY 1. r1 7 rl hr[1,.~. U~f{rt717 ry( ''1 3 ~a'1'{4•~ .I~7 ' • ~ 1~° ~ '47.e r t[~,1 ~1 n1 ~ af~ry1>A ib4~ 7 i n ~ .=CITY "'COUNCI w ~w c. y sx s x J y r o X I GL B r• F =0da eta } a J MY of DEN TON, 'TEXAS MUNICIPAL BUILDING s ,*15 E. MCKINNEY• DENTON, TEXAS 7V201 1817) 666.8200 o DFW METRO 434.2529 MEMORANDUM Tor Honorable Mayor and Members of the City Council FROMr Jon rr>rtune, Chief Finance off ioer DATES March 17, 1995 SUBJECTr HOTEL OCCUPANCY RECIPIENT CON'T'RACT As you are aware, the City Council hotel occupancy tax sub- committee made a recommendation to City Council on February 280 1995 regarding distribution of hotel occupancy tax funds, At that time, Council directed staff to distribute contracts, as recommended by the sub-committee, to the proposed recipients for their approval. Please find attached the contract for your approval as approved by the Denton County Historical Foundation regarding the distribution of hotel occupancy tax funds. If you have any questions please advise. Thank you. . "Dedicated to Quality Service" jj Fl H { Tw•• .rbYrMY.WIfrYF~'4:l YIIMr i44~ { SMiYi~;.' A S • . i r~ ~ r ti~ h f, ~4", ,i..~•ttc~t,1M , i :CITY- COUNCI I 1~1 I C~ f A- .ry.V.IMM.. . I 1 • r' s~ ` IIp~Y Vllv~~. ~ a✓ i~ F www 40 • 8i\WPD0C8\0RD\FOUND.H07 '~@@tIdANO `D Agodah Leto oz(- ~ a~'1o ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE. CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is .iereby authorized to execute an agreement between the City of Denton and the Denton County Historical Foundation for the payment and use of hotel tax ret-anue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SEC IQN II. That this ordinance shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. B'UCEK, ACTING CITY ATTORNEY 3Y: aff jj 3 ~ • AGREEMENT BETIIEBN TEE CITY OF DENTON AND TUB DENTON COUNTY UIETORICAL FOUNDATION PROVIDING FOR TEE PAYMENT AND USE OF EOTEL TAI REVENUE THIS AGREEMENT made between the City of. Denton, Texas, a muni- cipal corporation (the "City"), and the Denton County Historical Foundation, a non-profit corporation incorporated under the laws of the State of Texas (the "Foundation"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (71) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, TEX, TAX CODE 5351.101 (a) (5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by performing historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities, or located elsewhere in the munici- pality or its vicinity that would be frequented by tourists, convention delegates, or other visitors to the municipality; and WHEREAS, the rOUNDATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.301 (c) authorizes the CITY to delegate by contract with the FOUNDATION as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel -ccupo.ncy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FOUNDATION agree and contract as follows; I. HOTEL TAI RUVBNUE PAYMENT TO FOUNDATION I.'. Consideration. For and in consideration of the activities to i 9 ® be performed by the FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the FOUNDATION sometimes herein referred to as 10the agreed payments" or "hotel tax funds"). r 0 • ~511.~J 1.2 Amount of Payments to Foundation. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The 'hotel tax revenuelt shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal qua--ter) as municipal hotel occupancy tax at the rate of seven percent (74) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City ordinnnce 86-87, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal, quarter or calends; month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during "ny relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY a tax from nd which attorneys or agents effect collection of the hotel costs and expensess incurred audit in li igatiion against or (auditing of such taxpayers. (b) The CITY shall pay to FOUNDATION an amount of money equal to sixty-nine one hundredths of a percent (,694) of the base payment amount for the period of April 1, 1995, through September 30, 1995 or one Thousand Seven Hundred Fifty Dollars ($1,750.00), whichever is less. (c) The CITY shall pay to FOUNDATION an amount of money equal to sixty-nine one hundredths of a percent (.694) of the base payment amount for the period of October 1, 1995, through September 30, 1996 or Three Thousand Five Hundred Dollars ($3,500.00), which- ever is less. (d) The CITY shall pay to FOUNDATION an amount of money equal to sixty-nine one hundredths of a percent (.694) of the base payment amount for the period of October 1, 1996, through September 30, 1997 or Three Thousand Five Hundred Dollars ($3,500.00), which- ever is less. , 1.3 Dates of Payments to Foundation. CITY t(oa)theThe term specifiedn ina11.2t above the PAGE 2 ~ 4 e ~1U1=1C~ determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the FOUNDATION the agreed payments specified in 11.2 above by quarterly paying sixty-nine one hundredths of a percent (.694) of the base amount or one-fourth (1/4) of Three Thousand Five Hundred Dollars ($3,800.00), whichever is less. Each such quarterly payment shall be paid to the FOUNDATION on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FOUNDATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. OBE OF MOTIL TAX ANY=MOf BY FOUNDATION 2.1 Ose of NUD48 . For and in consideration of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for the following purposes: (a) advertising and conducting eioiicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; and (b) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; • (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. • as authorized by TEX. TAX CODE $ 351.101(a)(2)-(8). 2.2 Administrative costs. The hotel tax funds received from the CITY by the FOUNDATION may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the i PAGE 3 • c~ • FOUNDATION of those activities specified in 52.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATION'S administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a parson to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of' tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fiscal year of this Agreement for the FOUNDATION and any other operation or function of the FOUNDATION in which the hotel tax funds shall be used by the FOUNDATION. This budget shall specifi- cally identify proposed expenditure of hotel tax funds by the FOUNDATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the FOUNDATION any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writing by the Denton City council. budget by the Denton FOUNDATION City Council ecreates that fiduciary duty in such FOUNDATION with respect to the hotel tax funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend • hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the FOUNDATION by the CITY in a separate account. ® 3.3 Financial Records. The FOUNDATION shall maintain complete and • • accurate financial records of each expenditure of the hotel tax funds made by the FOUNDATION and, upon reasonably advance written request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by the Denton City council or the C tyfs Executive Director of Finance or his designee. PAGE 4 emu..-._w.....~wrv~_.rw. . ur~.. i' • - fY" i . w Yy.w • 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the FOUNDATION shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The FOUNDATION shall promptly respond to any request from the city Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.S Motice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton County Historical Foundation Hoard of Directors as well as any other meeting of any constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive session of the Executive Committee of the FOUNDATION. IV. REIKBURSZNZMT AND IMDSMMIFICATIOM 4.1 Reimbursement of Foundation for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all expenses and costs undertaken by the FOUNDATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the FOUNDATION as described in 12,2 above. The CITY is obligated to reimburse the FOUNDATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, thiw obligation shall be limited to the lesser of the actual axpenses and costs incurred by the FOUNDATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payablo to the FOUNDATION for such period. T 4.2 Reimbursement of Foundation for Contractual Obligations. A j • the event that this Agreement is terminated plrsuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all contractual obligations of the FOUNDATION undertaken by the FOUNDATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon ' e such contractual obligations having a term not exceeding the full • term of this Agreement, Notwithstanding any provision hereof to tl,e contrary, the obligation of the CITY to reimburse the FOUNDA- TION or to assume the performance of any contractual obligations of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall riot exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all PAGE 5 A • 7 Cif contractual ollMgations and shall not be construed as a monetary limitation or, a per contract basis. 4.3 Payment of Reimbursement to rounaation. (a) With respect to expenses and costs incurred by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the FOUNDATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION ae provided in 14.2 above, the CITY shall reimburse the FOUNDATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of ouch contract limitation set .orth in 14.2 above. 4.4 Indemnification. The FOUNDATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FOUNDATION or those services conternlated by this Agreement, including all such claims or causes of ar.tion based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, employees, agents, subcontractors licensees and invitees. V. TERM MM TERKINATION 5.1 Term. The term of this Agreement shall be for two and one- half years, commencing April 1, 1995 and terminating at midnight on September 30, 1997. This term shall be comprised of an initial period of six (6) months and subsequent two (2) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30. • 5 * 2 Termination. (a) This Agreement may be terminated by either party by giving the other party vie hundred eighty (180) days advance written notice. • (b) This Agreement shall automatically terminate upon the ! • I occurrence of any of the following eventst (i) The termination of the corporate exi&tenoe of the FOUNDATION; PAGE 6 • Q • (ii) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or and assignment by the FOUNDATION for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the FOUNDATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the FOUNDATION to submit a financial report which complies with the recording procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GEN3RAL IMM OIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the FOUNDATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and h.,tel tax funds. 6.2 independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its • directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining the written consent of the CITY. • • 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or reg+ilation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as followst PAGE 7 • 6a • CITY FOUNDATION City Manager Chair, Hoard of Trustees City of Denton Denton County Historical Foundation 215 E. McKinney P. 0. Box 2184 Denton, TX 76201 Denton, TX 76202 6.6 lnuresrent. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability sat forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Hxclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- went, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.A Duplicate originals. This Agreement is executed in duplicate originals. 6.! Headings. The headings and subheadingu of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1995. • THE CITY OF DENTON, TEXAS eys BOB CASTLES , MAYOR PAGE 8 • aY, ?,.i;} t.. t ~e i, l~f? `kL`f!`.1}SL;3trr~9 ~d4 Sb,'i~3 ;d{(s, • 160?d ATTEST: APPROVED AS TO LEGAL FORM: By: Byl JENNIFER WALTERS, MICHAEL A. BUC-EW0- CITY SECRETARY ACTING CITY ATTOIu:EY DENTON COUNTY HISTORICAL FOUNDATION By.. C air, Board of Trustees AT'T'EST: APPROVED AS TO LEGAL FORM: By: By. Secretary • Fi14p0006\K\ WWATIONA PAGE 9 1 .CITY,. COUNCI] t ~ f Y f. r } n t. ♦ 0 its n ` 1y O Ed O i"I'MI low, k'n • £Y.`, 1 ApendeNu . Agendas Rate )G'i CITY of DENTON, TEXAS MUNICIPAL BOLDING 216 E. MCKINNEY • DENTON, TEXAS 76201 (817) 568.8200 • DFW METRO 434-?529 MEMORANDUM TOs Honorable Mayor and Members of the city Council FROMr Jon Fortune, Chief Finance officer DATES March 17, 1995 1Vh\1 SUBJECTt HOTEL OCCUPANCY RECIPIENT CONTRACT As you are aware, the City Council hotel occupancy tax sub- committee made a recommendation to City Council on February 28, 1995 regarding distribution of hotel occupancy tax funds. At that time, Council directed staff to distribute contracts, as recommended by the sub-committee, to the proposed recipients for their approval. Please find attached the contract for your approval as approved by the Greater Denton Arts council regarding the distribution of hotel occupancy tox funds. If you have any questions plsaas advise. Thank you F' • 6k R}~ "Dedicated to Quality Service" { ,ra tit ~.4. ..0 . v PHOTOCOPY e • - ae • E:\WPDOCS\0RD\GDAC. HOT Ap9ndeNo.~l~~ AgodaHenU/ s K ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I._ That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof, SECTION II, That this ordinance shall become effective immed- iaCely upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • 0 r gyn. ~ • w • 0 AGREEMENT BETWEEN THE CITY OF DENTON AND TEE GREATER DENTON ARTS COUNCIL PROVIDING FOR THE PAYMENT AND USE 01 HOTEL TAY REVRNUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Greater Denton Arts council, a non-profit corporation incorporated under the laws of the State of Texas (the "GDAC"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7f) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance 86-67, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7$); and WHEREAS, TEX. TAX CODE 5351.101 (a) (4) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry for the encourage- ' ment, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and WHEREAS, the GDAC is well equipped to perform those activi- ties; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the GDAC as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the GDAC agree and contract as follows; I. EOTEL TAY REVENUE PAYMENT TO n0AC • 1.1 consideration. For and in consideration of the activities to • be performed by the GDAC under this Agreement, the CITY agrees to pay to the GDAC a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the GDAC sometimes herein referred to as "the agreed payments" or "hotel tax funds"). A o J • p • r~ r 3 a.r. 1.2 Amount of Payments to aDAC. (a) As used in this agreement, the following terms shall have the following specific meanings; (il The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7k) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002 and City Ordinance £i6-97, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for cL>sts of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. I) The CITY shall pay to GDAC an amount of money equal to thirteen and thirty-five one hundredths of a percent (13.35$) of the base payment amount for the period of April 1, 1995, through September 30, 1995 or Thirty-three Thousand Six Hundred Fifty Dollars ($33,650.00), whichever is less. (c) The CITY shall pay to GDAC an amount of money equal to thirteen and thirty-five one hundredths of a percent (13.350 of the base payment amount for tYe period of October 1, 1995, through September 30, 1996 or Sixty-seven Thousand Three Hundred Dollars • ($67,300.00), whichever is less. (d) The CITY shall pay to GDAC an amount of money equal to thirteen and thirty-five one hundredths of a percent (13.350 of the base payment amount for the period of October 1, 1996, through September 30, 1997 or Sixty-seven Thousand Three Hundred Dollars ($67,300.00), whichever is less. ' • • 0 1.3 Dates of Payments to aDAC. (a) The term "quarterly payments" shall mean payments by the CITY to the GDAC of those amounts specified in 11.2 above as PAGE 2 • O • • r LA o determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the GDAC the agreed payments specified in X1,2 above by quarte^-1Y paying thirteen and thirty-five one hundredths of a percent (13,35%) or one fourth (1/4) of Sixty- seven Thousand Three Hundred Dollars ($67,300,00), whichever is less. Each such quarterly payment shall bo. paid to the _CAC on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. if quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the GDAC. (d), it is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II, USE OF HOTEL TAX REVENUE BY ODAC 2.1 Use of Funds. For and in consideration of the payment by the CITY to the GDAC of the agreed payments cf hotel tax funds specified above, the GDAC agrees to use such hotel tax funds only for the following purposes: (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; (b) the encouragement, promotion, improvement, and applica- tion of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, • motion pictures, radio, television, tape and sound recording, and other arts related to the prr,eentation, performance, execution, and exhibition of these major Art forms; and (c) historical >astoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to • visit preserved historic sites or museums; • • J (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or PAGE 3 • 4 w 5v (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates, as authorized by TEX. TAX CODE $ 351.101(a)(2)-(5). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the GDAC may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the GDAC of those activities specified in 12.1 above and are allowed by TEX. 'PAX CODE $ 351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the GDAC for which hotel tax funds may be used shall not exceed that portion of the GDAC'S administrative costs actually incurred in conducting the activities specified in 12.1 above. (o) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person0s job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUZREI[EATS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the GDAC shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fis- cal year of this Agreement for the GDAC and any other operation or function of the GDAC in which the hotel tax funds shall be used by the GDAC. This budget shall specifically identify proposed expenditure of hotel tax funds by the GDAC. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the GDAC any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writing by the Dentc„i City Council. (b) The GDAC acknowledges "it the approval of such budget by the Denton City Council createe fiduciary duty in the GDAC with e respect to the hotel tax funds paid by tho CITY to the GDAC under p this Agreement. The GDAC shall expend hotel tax funds only in the manner and for the purposes specified in 5 351.102(a) TEX. TAX CODF, and in the budget as approved by the CITY. 3.2 Separate Accounts. The GDAC shall maintain any hotel tax funds paid to the GDAC by the CITY in a separate account. PAGE 4 i i • • 3.3 Financial Reeoi3s. One GDAC shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the GDAC and, upon reasonably advance written request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the GDAC shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during t:-at quarter, and (2) a list of the expenditures made with regard ~o hotel tax funds pursuant to the TEX. TAX CODE ANN. 5 351.101(c) (Vernon 1994). The GDAC shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The GDAC shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of. Greater Denton Arts Council Board of Directors as well as any other meeting of any constituency of the GDAC at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the GDAC to give notice of any executive session of the Executive Committee of the GDAC. IV. REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursement of GDAC for Administrative Coats. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the GDAC for any and all expenses and costs undertaken by the GDAC in performance of those activities specified in 12.1 above or expenses or costs incurred by the GDAC as described in 12.2 above. The CITY is obligated to reimburse the GDAC for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and • ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the GDAC during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the GDAC for such period. i 4.2 Reimbursement of GDAC for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5,2(a), • • the CITY agrees to reimburse the GDAC for any and all contractual obligations of the GDAC undertaken by the GDAC in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. PAGE 5 e r~ e _fu,5. 1 7v~~U Notwithstanding any provision hereof to the contrary, the oblina- tion of the CITY to reimburse the GDAC or to assume the performance any contractual contract entered i to obligations l~he GDAC as contemplated herein shall not exceed THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to GDAC. (a) With respect to expenses and costa incurred by the GDAC for which the CITY is obligated to reimburse the GDAC pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the GDAC on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the GDAC for which the CITY is obligated to reimburse the GDAC as provided in 14.2 above, the CITY shall reimburse the GDAC for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 indemnification. The GDAC agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the GDAC or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of GDAC, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Inruranos, The GDAC shall provide insurance as follows: $500,000 Commercial General Liability Statutor}*Workers' Compensation and Employers, Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers, compensation) and proof of coverage shall be submitted prior to any , e payment by the CITY, e ~ V. TERM AND TERMINATION 5.1 Term. The term of this Agreement shall be for two and one- half years, commencing April 1, 1995 and terminating at midnight on September 30, 1991. This term shall be comprised of an initial period of six (6) months and subsequent two (2) fiscal years, each PAGE 6 e e i /..D 0 fiscal year constit:iting the period from October 1 of a calendar year to the next ensuing September 30. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the GDAC; (ii) The insolvency of the GDAC, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or and assignment by the GDAC for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the GDAC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the GDAC to submit a financial report which complies with the recording procedures required i~ herein and generally accepted accounting principles prior to the beginning of the next contract term, VI. GENERAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the GDAC with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the GDAC enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the GDAC shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The GDAC shall operate as an s independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee e of the CITY. The GDAC shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the GDAC shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The GDAC shall not be considered a partner or joint venturer with the CITY, nor PAGE 7 e o ; • a~ • j 02 Cl shall the GDAC be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The GDAC shall not assign this Agreement without first obtaining the written consent of the CITY. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall. be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY GDAC City Manager Executive Director City of Denton Greater Denton Arts Council 215 E. McKinney 207 S. Bell Denton, TX 76201 Denton, TX 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the GDAC and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6,7 8xclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not folly expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any • other document relating to this transaction or these transactions. 6.8 Duplicate Originals. This Agreement is executed in duplicate originals. 6.9 Headings. the headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the • purpose c. convenience and do not express or imply any limitation, • definition, or extension of the specific terms of the section and paragraph so designated. j PAGE 8 • 0 , • • EXECU'T'ED this day of 2995. THE CITY OF DENTON, TEXAS By: BOB CASTLEBERRY, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: i, By: _ By. ^ c MICHAEL A. BUK, JENNIFER WALTERS, CITY SECRETARY ACTING CITY ATTORNEY GREATER DENTON ARTS COUNCIL By: ao President ATTEST: APPROVED AS TO LEGAL FORMi By: ~/dClilA)iJ BY: Secretary • • • • i g;\KPDOCS\K\ODAC.K - PAGE 9 .~wnrw~wwwi.rrwn•-........, r rr.~w+µrwtYY . .•.-o-rte-._ , • ~ ~~i ~ ryyt 1~Rf,~~4t„~ ~,YS;~sLtiz ~4 ~,~>~1 0 c:+ 0 ,k t' DENTON oooaooaooooaao o°,,~ ~o UD G o Q o 0 CD QD D d Q DUU ~ OOo T ~pO OO~4-r0 ODpa "op0° ~o a~DODO C-JTY COUNCIL . Q • w 0 Ag~tdaNo. A~tattlalt March 21, 194te CITY COUNCIL AGENDA ITEM i TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Flar°ell, City Manager SUBJECT: CONSIDER A RESOLUTION SUPPORTING A FAIR AND COST EFFECTIVE VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENT'S SUMMARY: A grey, deal of controversy has developed regarding the State of Texas centralized vehicle emissions testing program. Thr, science of the control measures used is being questioned, as well as the centralized testing program for #,I veh '-.Ies. The fact still remains that under present law, the four county metroplex area must reduce air emissions or risk losing Federal Highway funds. Due to the questions regarding the science being measured, it is appropriate that the Clean Air Act deadline should be extended from 1996 to 1998 for the metroplex. This extension would allow for the Clean Air Act to be revisited to assure that accurate science is being applied to measure sir pollution in the metroplex and that proper programs are implemented to solve the problem. The attached resolution proposes such an extension. It is similar to resolutions being considered by other metropley cities. Respectfully submitted, Lloyd V. Harrell, City Man r i Prepared by: A / I R.E. Nelson Executive Director • • Department of Utilities i Exhibit 1: Letter from NCTCOG of 3/2/95 1 f • Iw , • ILL- "%I; ~ I North Central Texas Council Of Governments \0T TO: Mayon, City Managers and Cour,_f Judges DATE: March 2, 1995 In Collin, Dallas, Denton and Tarrant Counties FROM: Gary Slagel President, NCTCOG Executive Board Mayor, City of Richardson SUBJECT: Vehicles Emissions Testing Program and Federal Air Quality Requirements We have received a request for a sample resolution that a governing body could pass to Inform legislative and congressional members of concerns with the centralized emission testing program and the Federal Clean Air Act about which I wrote to you on February 27, 1995. Please find a sample resolution enclosed. Your Interest and assistance Is appreciated. G&km Enclosure 1 BIB Sx Flays Ofne cenlerpanl Two P 0 Box 5688. Agmglon, Texas 780056888 18171 640,3300 FAX 6V7 640 /806 Qra.rikm lMW ...-,r..~Z.a....... r . ~ +wr.w..J~I4i5~Y va _.Ir~r-.. , _ . y , r • ° fk) , i y s ii Y • • a E:\WPDOCS%RGS1lM:SS1WTST 3 ~ Gil _'=l5 RESOLUTION NO, ar~ A RESOL;rION OF THE CITY OF DENTON, TEXAS SUPPORTING A FAIR AND COST EPFECTIVF, VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, four of the sixteen counties which comprise the North Central. Texas Council of Governments service area have been designated as Non-Attainment Areas under the Federal Clean Air Act. Amendments of 1990; and WHEREAS, the remaining twelve counties could possibly be brought into the Non-Attainment Area should the four county area not reach attainment by 1996; and WHEREAS, one control measure for reaching attainment is known as centralized vehicle emissions testing; and WHEREAS, this centralized system has been challenged and may be replaced with a hybrid program calling for some automobiles based on their age being tested at centralized facilities and others at decentralized facilities; and WHEREAS, the science on which control measures are based is now being questioned; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 3&CTION I. That the City Council hereby supports a fair and cost-effective program that ensures a healthy atmospheric environ- ment, SECTION II That the City Council requests a committed effort by the appropriate state elected officials and members of the Texas Natural. Resource Conservation Commission to secure the most convenient and cost effective vehicle emissions testing program possible which grants full. credits under the State Implementation Plan, O SECTION 111, That. the City Council supports enactment of federal legislation which extends the Clean Air Act deadline for achieving the air quality standards in the four county non- attainment area from the year 1996 to 1998 so that the Act can be revisited for the purpose of reviewing its underlying science to assure that the assumed extent and causes of the air pollution problems in the North Central Texas region are as accurate as • • possible and that the control measures designated to abate this poll.ution are cost effective, SECTION IV That this resolution shall become effective immediately upon its passage and approval. • 4 • p • r PASSED AND APPROVED this the 3 0 r3 day of. 2995. BOS CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL, A. BUCEK, 'ACTING CITY ATTORNEy BY: • ii 1 i r PAGE 2 t r n ~y • . , r1~t,, ~,r r r r',{~ " tZ'd{4~,,' ~~~1~jiq t~ S~~i.. 44 . • DENTON f oooaQOOOaooooo ~ oo°ti ~ D © o c o cz) 4 Q 0 O~0 ~ ~ DODO 'S OoOo o~G,O NJ ~oaDODO { CITY COUNCIL ~ . . ca • 4ge Ide fVo. - Ageth,alteo,- March 21, 1990a s°te-"'-~ al _ -96- CITY CO' NC'IL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF A RESOLUTION FOR THE SUBMISSION OF THE. SOLID WASTE PERMIT APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE EXPANSION OF THE EXISTING LANDFILL ! RECOMMENDATION: The Staff recommends approval of the permit application to the Texas Natural Resource Conservation Commission ('I'NRCC) for the expansion of the existing Foster Road Landfill, Permit 1590. The Public Utility Board will consider action on this item at their meeting on Monday, March 20, 1995, SUMMARY: The City of Benton currently operates a 36 acre landfill site that has been in operation since March 13, 1985 and will reach the 2.4 million cubic yards of permitted capacity in early 1997. Approximately 207 additional acres have been acquired by the City adjoining the existing landfill to the west and south totaling 243 acres. The City of Dorton contracted with IIDR Engineering, Inc, on June 15, 1993 for engineering services related to the implementation of Subtitle "D" regulations at the existing site and the design and permitting activities required for site expansion. The design f'or the landfill expansion is complete and the City is ready to proceed with the submission of the permit application to TNRCC. A project summary has been prepared by MDR and provided under separate cover. The six volume Denton Landfill Permit Application has not been duplicated because of the document size but will be available for review at the meeting. The table of contents I'or the permit application is provided in Exhibit I for information on • document content, • • • r ~ v PROGRAM/DEPARTMENT OR GROUPS AFFECTED: C'-F79 City of Denton Solid Waste Customers, Solid Waste Department FISCAL IMPACT: Expenditures for Phase III contract activities ;landfill design, engineering and some permit hearing activities) are estimated at $508,340. Respectfully submitted, R.E. Nelson, Executive Director Department of Utilities Prepared by, n,k_p irector of Environmental Operations Exhibit I: Denton Landfill Permit application Table Of Contents Exhibit II: Denton Landfill Project Summary (Provided Under Separate Cover) • C:\WP51\PUBAG1ND\PERHIT95 i 0 r- • 1- w • r 31 -i5 DENTON LANDFILL PFR111IT APPLICATION TABLE OF CONTENTS PARTI 1.9 Contents of the Application 1.1 Name, Address and Location of the Facility 1.2 Ownership 1.3 Applicant's name, Address and Telephone 1.4 Nature of Business 1.5 Activities Conducted Requiring a Permit 1.6 Permits/Approvals Obtained ; 2.0 Supplementary Technical Report 2.1 Introduction 2.1,1 Background 2.1.1.1 Current Landfill 2.1.1,2 Solid Waste Master Plan Advisory Committee ? 11.13 Conformance with the Regional Solid Wane Management Plan 2.2 Description of Facilitles 2.3 Volume and Rate of Disposal 2.4 Type of Waste Received 2.5 Maps 2,5,1 General Location Map 2.5.2 Topographic Map 2.5,3 Airports Within 5 Miles 2.6 Land Ownership Map and List 2.7 Legal Description and Drawings 2.8 Property Owner Affidavit 2.9 Legal Authority 2.10 Evidence of Competency 2.11 Appointments 2.11.1 Signatures 2.11.2 Certification • 2.12 Evidence of Financial Assurance 2.12.1 Financial Component 2.12,2 Public Notice Component 2.12.3 Record-keeping and Reporting Component r EXHIBIT 1 • • 1 r DENTON LANDFILL 3 ( J PERMIT APPLICATION d ~79 TABLE OF CONTENTS PART II 1.0 Introduction 2.0 Existing Conditions Summary 3.0 General Location Map 4.0 Aerial Photograph 5.0 Land Use Map 6.0 Land Use 6.1 Surrounding Land Use 6,2 Zoning 6.3 Growth Trends 6.4 Proximity to Other Uses 6.5 Water Wells 7.0 Transportation 7.1 Adequacy of Roads 7,2 Route Selmlion and Improvements 7.3 Existing Traffic Volumes 7.4 Additional Volume of Vehicular Traffic 7.5 Airport Safety 8.0 Site Topography, Soils and Geology 8.1 Soils 8.2 Geology 8.3 Fault Area 8.4 Seismic Impact Zones 8.5 Unstable Areas 9,0 Groundwater and Surface Water 9.1 Floodplains 9.2 Wetlands 10.0 Endangered Species .'^^'^r^'•(dw... 1 1 a W ri ~✓raY/~YYfi'Y•. !'L W.n...,.. yl 1 r~rk rj I tl; , FcLtic ,r.:.ti 0 ~ i:: c . ~ sl ~;I~jr at r1r:'r N!?jt Ia .r 11,t • 0 5 DENTON LANDFILL PERMIT APPLICATION TABLE OF CONTENTS G} i J If PART III - SITE DEVELOPMENT PLAN 1.0 Introduction 1.1 Waste Accepted 2,0 Proposed Landfill Method 3.0 All-weather operations 4,0 Access Control 5.0 Solid Waste Deposition and Operating Life 5,1 51te Life 6,0 Groundwater Protection Design and Operation 1 6.1 Design Criteria 6.2 Leachate Collection System 6.3 Special Conditions 6,4 Geologic Faults 6.5 Soil and Liner Quality Control Plans and Reports 7,0 Discharges 8,0 Run-on Control ii 9,0 Run-off Control 10.0 Drainage Structures 11.0 Drainage Calculations 12.0 Erosion Controls 13.0 Contaminated Water 14,0 100-Year Flood 15,0 Final Cover Design 16.0 Endangered Species 17.0 Landfill Markers List of Attachments i Site Layout Plan I 2 Fill Cross-Section j 3 Existing Contour Map 4 Geology Report ii 5 Groundwater Characterization Report 6 Groundwater and Surface Water Proection Plan and Drainge Plan 1 7 Final Contour Map 8 Cost Estimate for Closure and Post-Closure Care 9 Applicant's Statement ® 10 Soil and Liner Quality Control Plan 1 I Groundwater Sampling and Analysis Plan J 12 Final Closure Plan A 0 • I- as • ~s tt ~"1 DENTON LANDFILL Q r~ G PERMIT APPLICATION TABLE OF CONTENTS PART III - SITE DEVELOPMENT PLAN (CONT'D) 13 Post-Closure Care Plan 14 Landfill Gas Management Plan 15 Leachate and Contaminated Water Plan E II i 3 i . .y • h p • r X15 Q.1,~? DENTON LANDFILL r~l CI PERMIT APPLICATION TABLE OF CONTENTS PART IV - SITE OPERATING PLAN 1.0 Introduction 1.1 Description of On-site Facilities 2.0 Personnel and Responsibilities 3.0 Equipment 4.0 Operating Procedures 4.1 Record Keeping Requirements 4.2 Access Conlrol 4.2.1 Site Security 4.2.2 Traffic Control 4.3 Unloading of Waste 43.1 Working Face 4.3.2 Waste in Unauthorized Areas 43.3 Unauthorized Waste 4,4 Hours of Operation 4.5 Site Signage 4,6 Control of Windblown Waste and Litter 4,7 Ease Tents and Buffer Zones 4.8 Landfill Markers and Benchmark 4.9 Materials Along Route to Site 4.10 Disposal of Large Items 4.11 Air Criteria 4.12 Disease Vertors 4.13 Site Access Roads 4,13.1 Off-site 4.13,2 On-site 4,14 Salvaging and Scavenging 4.15 Endangered Species Protection 4.16 Landfill Gas Control 4.17 Abandoned Oil and Water Wells 40 4.18 Waste Compaction i 4,19 Landfill Cover f 4.19,1 Daily Cover 4,19.2 Intermediate Cover 4,19.3 Final Cover i 4.19,4 Maintenance of Cover B 4.193 5 Cover Logs • • 4.19.6 Stockpiles and Soil Management f 4.20 Ponded Water • 0 • • DENTON LANDFILL PERMIT APPLICATION TABLE OF CONTENTS PART IV - SITE OPERATING PLAN (CONrD) 4.21 Disposal of Special Wastes , 4.22 Disposal of Industrial Waste 4,23 Waste Screening 4.24 Contaminated Water Discharge 4.25 Other Operational Considerations 4.25.1 Safety 4,25.2 Monitoring 5.0 Fire Prevention and Control Plan , 5.1 Fire Prevention 5.2 Fire Control 5.3 General Rules for rite 5.4 Specific Fire-fighting Materials 5.5 Stockpiling Fire-fighting Materials 6.0 Sequence of Dwelopment 6.1 General 6.2 Excavation and Bottom Liner Construction 6.3 Construction and Filling Sequence for Phase I 6.4 Construction and Filling Sequence for Phase 2 6.5 Construction and Filling Sequence for Phase 3 6,6 Phased Closure 6.7 Landfill Gas Monitoring Sequencec 6.6 Groundwater Monitoring Well Installation Sequence • I • a • E:%WPDOCS\0.ES\TKNCC. APP i 5_*7.9. I X15 RESOLUTION NO. _ oil/ F? A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CITY'S SUBMITTAL OF A LANDFILL PERMIT APPLICATION TO THE TF,::AS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE PROPOSED EXPANSION OF THE CITY'S MUNICILAL LANDFILL LOCATED ON MAYHILL ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton owns and operates a municipal landfill located on Mayhill Road which has been in operation since 1985; and WHEREAS, for the fiscal year 1992-93, the landfill operation disposed of over 450,000 uncompacted cubic yards of solid waste (255,000 compacted cubic yards) and at this rate of fill, current estimates indicate that the remaining landfill space (500,000 cubic yards) will be fully utilized by mid-1997; and WHEREAS, in order to continue to dispose of the City's waste at the municipal landfill, the landfill must be expanded] and WHEREAS, the City has employed the firm of HDR to assist in the preparation of a landfill permit application to expand the Mayhill Road landfill; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION ly That the City Council of the City of Denton hereby supports the submittal of a landfill permit application to the Texas Natural Resource Conservation Committee for the eyoansion of its current municipal solid waste landfill. SECTION II. That this resolutioi ehall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. • BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY O BY: • • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: . Q r y X ITY~ COUNCI ~036G a s r ♦ ~1 a. . r < w s • 6~~-~ ® ac 0 0 • e• • AQMfIeNo~''~d Apenaa~ten ~0 DW March 21, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPOINTMENT OF JUVENILE CRIME INTERAGENCY COALITION MEMBERS RECOMMENDATION: Staff recommends that the City Councll continue the process of appointing Juvenile Crime Interagency Coalition members. SUMMARY: During February 1996, the City Council approved two separate motions which added the individuals identified In the attachment to the Juvenile Crime Interagency Coalition, In addition, the City Council also appointed Council Member Margaret Smith as the Chairperson of the Coalition. IiI We are still waiting for a few organizations to supply us with the name of their representatives i {i.e., Denton Chamber of Commerce, Concerned Parents Organization, LULAC, and one DISD student body member}. Of the five remaining members to be appointed to the Coalition, the City Council Hill have to select one directly. The Individual will be an at-large representative. It is our intent to continue to place this Item on your agenda until all the Coalltlon members are j approved. j PROGRAMS. DEPARjMffiTS OR GROUPS AFF rr4n; Municipal Judge, Legal Department, Police Department and the Municipal Court Clerk's of Ice will be affected I a autlvities of the Juvenile Crlm 1 Interagency Coalition. These areas will have represent a serving on the Coalition and They will be impacted by Its recommendatlons, FISCAL IMPA( NONE Raspecn _y submitted: i i yd V. Harrell • Cit Manager Prepared by; Madan L. Jellauon, Diec1 WLL W,a1WA m A1rpp)31 1 i ...-..-.~.r_-.....w....~......... , ~ rte. • • JUVENILE CRIME INTERAGENCY COALITION 5 p10 11ll, , 9 Sat ~ 3' ~ n , + 8a i~~XtfRStiSNati. .l,lvl'lJ..,. DISD's PTA Lucille Chapman Denton Chamber of Commerce Local Civic Group Margaret Smith• Denton County Darlene Whitton DISD Lang Mankoff Municipal Judge's Office Sandra White Finance Department Harlan Jefferson Legal Department Stephanie Barry Police Department Lloyd Burns Community-Based Organization Elizabeth Garrett Concerned Parents Organization NAACP Carl Williams LULAC Denton County Juvenille Pro on Department Peggy Fox Denton Coui ° 'tar Association John Holland DISD Stuosnt dady Ryon High School Nick Merlotti P-nton West High School Eric Hill Robert Ware Calooun Middle School t imeron Norris Strickland Middle School Matthew Imrle I Michael Vanr. Fred Moore Learning Center Mar IV. Owe At-Large Representatives 1 81ydell Carsterphen •c Charlie Cole, Jr, • , ns^pesrn , • ArF00c70 ` 0212895 1 i. 0 0 • • -COUNCI 11 Ill 004J 1 ~Y ~t r 0 M ~ 1 OQ~ a • • AQO*NO A91081l Date /-BLS' I o F;? CITY o! DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS T5201 I TELEPHONE (817) 566.8809 Office of the City Secretary MEMORANDUM DATE: March 17, 1995 TO: Mayor and Hembers 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: Keep Denton Beautiful Board - Council Member Chew has nominated Mabel Devereaux. Traffic Safety Commission - Council Member Miller has nominated Brenda Minnie. Cable TV Advisory Board - This is a nomination for Council Member Miller. (See memo from Richard Foster) If you need any further information, please let me know. Je far tars Ci Secr ry ACCOOOF4 • i 4 ~ • • a r i.~ i i4 r~fr }a ,i fy~ ~;4. ri e r y a- • 0 • o Fr~ CITY O/ DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: March 15, 191,;, TO: Lloyd V. Harrell, City Manager FROM: Richard Foster, Public Information Officer SUBJECT; CABLE TV ADVISORY BOARD VACANCY The recent death of Ed Bell, who served on our cable TV Advisory Board, leaves a vacancy on the Board. This position is Councilman Millarfs to fill. In light of the upcoming transfer of the cable franchise to Marcus Cable, I feel that it is important that this position bo filled as soon as possible. The four remaining Board members all have ties to our local educational institutions: two from UNT, one from TWU, and one from DISD. In order to assis,: with the franchise transfer and to help us work, long-term, on our rate regulation responsibilities, it might be prudent to have someone on the board with a financial or legal background or expertise. Please advise of any actions I may need to take to facilitate this matter. r Qom. Richard Foster cc: Joseph Portugal, Assistar:t to the City Manager WP RM030DF ' • • 8171566.8200 DIM METRO 434.2629 a 0 -CITY= ~COUNC. -=1 r i ~4CCCCC, ♦ t V 1~y ^ 4 J . , 0 • d - m • LANDFILL PROJECT SUMMARY i TABLE OF CONTENTS 1.0 INTRODUCTION . . . . . . . 1 2.0 BACKGROUND 2 2.1 Existing Landfill . 2 2.2 Solid Waste Master Plan Advisory Committee . . . . . . . . . 2 2.3 Conformance with the Regional Solid Waste Management Plan 3 3.0 DESCRIPTION OF FACILITIES 4 4.0 VOLUME AND RATE OF DISPOSAL . 6 4.1 Type of Waste Received 5 6.0 MAPS........ 8 7.0 LINER AND COVER 12 8.0 SEQUENCE OF DEVELOPMENT . 13 TABLES 1 Waste Disposal Rates and Life of Facility by Phase . . . , 6 FIGURES 1 General Location Map 9 ■ 2 Topographic Map 10 3 Landfill Completion Plan . . . . . 1 4 [to Development Plan f a SWOWY ,m 1 6' A m- , r 0 • • LANDFILL PROJECT SUMMARY 1.0 INTRODUCTION The City of Denton has the responsibility of providing safe and proper management and disposal of municipal solid waste generated within the City by residents and businesses. To meet this responsibility, N City sponsors a variety of public Information and recycling programs. In addition, it owns and operates a Type I landfill for municipal solid waste disposal. The City has operated the existing landfill since 1984. it Is estimated that the existing landfill will reach, capacity In early 1997, The City owns the property north and east of the current landfill. This property Is associated with the City's water reclamation plant treatment facilities, sludge dr ying and disposal, and yard waste composting, Including some undeveloped land east of the existing landfill. In addition, approximately 201 acres have been acquired by the City adjoining the existing landfill to the west and south for the (;4insion of the facility. This permit application Is for approximately 243 acres Including both the original 38.08 acres in the original Permit 1590 and 207 additional acres. 1 i HOR LVhWk% W. MY; A I W • I 0 w 2.0 BACKGROUND rI Background information is provided below regarding project history. 2.1 Existing Landfill ,t The existing landfill was permitted in 1984 by th5~ Texas Department of Health (TDH) under Permit 1590. It began accepting waste on March 13, 1985. The site was designed to s accommodate approximately 24 million cubic yards of air space. It Is anticipated that the site will stop receiving waste in approximately January of 1997. ti The landfill incorporates a bentonite slurry wall designed to form a sidewall barrier which was approved by TDH, and a clay bottom liner which was tested and approved under Soll Liner Evaluation Reports. 2.2 Solid Waste Master Plan Advisory Commlttas Prior to submitting this application, the City established a Denton Area Solid Waste Technical Committee (DASWTC) and a So''d Waste Advisory Committee. Both of these groups were represented on a Solid Waste Master Plan Advisory Committee (SWMPAC). The SWMPAC consisted of representatives of residents, the Public Jtility Board, the School District, City Council Members, a County Commissioner, the Upper Trinity Rural Water District, Local Businesses, and the press, The SWMPAC studied the long range solid waste management needs of the City, establishing an Integrated approach incorporating waste reduction, resource recovery, and disposal. The SWMPAC • recommended expansion of the City's landfill capacity. During the development of the application, the Public Utility Board, r, ade up of Denton citizens, affirmed the concept of development including sequencing and site screening. Pf*d &,mmy 2 HOR Emowft, k MttM, t9t16 r , • 0 , • c~ • 2,3 Conformance with the Regional Solid West* Management Plan The North Central Texas Council of Governments (NCTCOG) Regional Solid Waste Management Plan was formally approved by the TNRCC on November 30, 1994. The Plan addresses the requirements of $8 1340 and SB 1051. The City of Denton will undergo a NCTCOG review by the Resource Conservation Committee (RCC) prior to completion of the permit applit ttion review process to determine consistency with the Plan. The RCC will make a motion recognizing the status of conformity with the Plan after its review. This Item Is antlcipsted to be addressed at the RCC meeting on May 11, 1995. • N I' i Pf*d 6wdn&y 3 f HDR EMP*W O, ha. WMA. 1906 I • 3.0 DESCRIPTION OF FACILITIES The facility is designed to provide municipal solid waste disposal and recyclable drop-off services to residents of the City of Denton and businesses In the City and immediate area. This permit application is primarily for landfill disposal operations, Permit modifications may be filed in future years defining further resource recycling and recovery activities. The following facilities may be constructed at the site, Office/Administrative Building Maintenance Area Scale House and Scats Citizens' Solid Waste Drop-off Facility Citizens' Recyclables Drop-off Facility Landfill Disposal and Related Areas The fadlity will have an approximate minimum 276 foot wide buffer zone to the north along Foster Road, an approximate minimum 140 foot wide buffer zone to the west along Mayhill Road, an approximate minimum 100 foot wide buffer zone to the south along Edwards Road, and a buffer zone ranging between approximately 240 feet and 910 feet along the east side of the facility in the vicinity of the unnamed tributary of Pecan Creek, These buffer zone distances are measured between the permit limit boundary and the outer limit of waste, and are approximate. HHDR E , mokwat , ho. hib* 1106 f 0 l+., • s: 4.0 VOLUME AND RATE OF DISPOSAL A summary of waste disposal rates N provided In Table 1. The projection of In-place volume was provided by the City of Denton. Waste volumes prescnted are net solid waste volume In-place in the landfill. The waste volume projections are based on a historical correlation between population and landfill airspace used, plus populetion growth and disposal rate projections prepared by the City of Denton Planning and Utilities Departments. 4.1 Type of Waste Received The landfill will receive Municipal and Industrial Solid Waste as defined In 30 TAC 330,2 definitions, as limited to restrictions per 30 TAC 330.5 General Prohibitions, 30 TAC 330.136 Disposal of Specdal Waste, and 30 TAC 330.137 Disposal of Industrial Wastes. The facility will not accept any hazardous waste, friable asbestos, or polychlorinated biphenyls (PCBs). Other special waste will be handled In accordance with the Site rr Operating Plan. 1 A • l 1 HDR EAO wk* W. MNMK 10! 1 'i .+.-....'...._..^~ww'..'Tr... . . ra-err^- 1 • • ~ ry r r~ i t 4 . 4, r .'i S r i~ t ~ I - s~ r ~~•r `rrod ~ItR~~r4 yet{0> :[j1WY."~'',~171J~~~hf.»~~~~4~~J~ w f • TABLE I CITY OF DENTON LANDFILL FEBRUARY 1995 WASTE, DISPOSAL RATES AND LIFE OF FACILITY BY PHASE IN-PLACE AVAILABLE AIRSPACE YEAR VOLUME PHASE I PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 PHASE 7 (Cy)** (CY) (CY) (CY) (CY) (CY) (CY) (CY) 452610 1696110 3531450 4771060 663250 1797320 905710 1991 145666 1992 IS1122 1993 182239 1994 205561 1995 211561 1996 209561 1997 207561 245049 1998 213561 31488 1999 221561 -190073 1506037 2000 227561 1278476 2001 235561 1042915 2002 241561 801354 2003 245561 555793 2004 247561 308232 2005 247561 60671 2006 251561 •190890 3340560 2007 261561 3078999 2008 273561 2805438 2009 293561 2511877 • 2010 309561 2202316 2011 313561 1888755 i 2012 315561 1573194 1I 2013 319561 1253633 2014 327561 926072 • 2015 339561 586511 2016 355561 230950 2017 365561 •134611 4636449 2018 371561 4264888 Pf*c! SL mwy S HDR Eighwal p, Ina Mreh. W • Q mid" • em • TABLE 1 Crrf OF DENTON LANDFILL FEBRUARY 1995 WASTE DISPOSAL RATES AND LIFE OF FACILITY BY PHASE W-PLACB AVAILABLE AIRSPACE YEAR VOLUME PHASE I PHASE 2 PHASE 3 PHASE 4 PHASES PHASE 6 PHASE 7 (C1)** (CY) (CY) (CY) (CY) ICY) (CY) (CY) 2019 381561 3883327 2020 395561 3487766 2021 401561 3086205 2022 409561 2676644 2023 415561 2261083 2024 419561 1841522 2025 421561 14H%J 2026 421561 998400 2027 425561 572839 2028 435561 137278 2029 447561 -310283 352967 2030 467561 -114594 1682726 2031 483561 1199165 2032 487561 711604 2033 489561 222049 2034 493561 -271518 634192 2035 501561 132631 r 2036 513561 -380930 I 2037 529561 2038 539561 2039 545561 • 2040 555561 Based on population pmjecdons by the Utility Department iocludia8 hlstofical growth pmjecdou, prod Sw wy 7 HOR E O*ml q, Inc. mwo, INS • O _ °l • is • r 6.0 MAPS A General Location Map, Figure 1, and Topographic Map, Figure 2, are. provided herein. Figure 3 Is a Landfill Completion Plan illustrating completed conditions. i • a~ i H EAO*w fp, km. ' AYroA sw 2 , , . i r • m e • C"I Y ~ a: 1 ~r• e ~ j4u't 1 Y M I'lu 5 eAleR 2 0 1120 2440 M SCAT,[ IN IM S[ft (J~f 6 $ LEGEND: PERMIT LIMIT WON 1 °x2.. 1 • 1! LIMIT OF WASTE I Q, ✓ PR DFILL FOSTER * CITY OF DENTON r -,r • / XPANSION LANDFILL • T -T PERMIT 1590 EA V • T t 5 [ Or S~L117[hi~~~ ~ \ I. ~ • w t i ' % N_y l po APiA % I Pa~xP~~ \f' `\EDWARDS \ ROAD _ \ 1 4 1~ yy n44v~.~J t.l, \t ~ 1 r1.;41 ♦ L• Z4• ~ l' r 1 i I•"1 yy,u I h 1. ~ ~ ~{I / mss'' . I " , • o / z m „;'14~P4 +V R7 Y !lIOIIES !10 00" / 1`. ,~zr.. ♦+1"t` I O 33° 10"Q + NOTE: / i'• ? ; 1. Mop source: portion of TXDOT Denton County Map. 1990 Census ~d•! Y P . r •'ri{1L.♦ V ~k z • i ~ I __f__ 4 ' + ; ..~t s • figures) highways revised June 1, 1991. 12. Airport location token "from Federal Aviation Administration (FAA) Dallas- 1 i ttj w v5x Ft. Worth Soctional Aeronautical e ~r` f. I. y ~.rChart, 50th Edition, June 24, 1993, ■[A With scale 500,000. _ V / Yy ~t N T CITY OF' DENTON LANDFILL ale r ° of GENERAL LOCATION MAP Jon, 1995 1 /'rW14u Y. MAMrf 'C. fq*enwq, NC. 1011 • ~ p • 1 m J 33°_12' 30' 33012'30". l 4z o , j itrJ ~iOrJ, , EGC pco IT LIWASTE OF { ~ Ot~OSEb , L%ANO,FILL ~d „ CI OF:DENTON 1 r! )a EXFANSIONi pip t I. POSTER P RMIT 13F16~ 4REA ~Y R4_ AuLjr'\L k~ J 1 J r r~'~ f ~ 2br i 1 L I i III, L G pi, r~ yr t _ t t~J ,A'd f , 4T/15 Af}~ 1 l YY i~11 t yl' ,17 ~f ~'~`~r~~t1•r/~j/'~y f I \ 1 t .(i i~f f 1 r F~E~ a; 6 : F (ore 1 p{ it 1 1 y`„a ry .!j•`t~s. 1 ' 'i. 1 ' ~ . r '~~f ,r ~ r 19~'~P r'"t~.`iF ~f~f • ~ , t `'i u' 3 tt~t )i r (11 ar. , • L 77 ) ,EDW~PbJ RoAb -l 1 w" tt' ~r ~~I~~ f cri 4" 18~ 1 't!!': qr rtr r i iota l tr Fr'! 1 V r. , ARi + T ~~4 ~ ~ }1 ' 1 , 11 FYI ~ V'e`w' R~ {rty r;r~ 1', + • 33. 10' 00" 33610' 00" MOTP o 1, 70pogrophiC mopping token from USGS 'i •:'r.f ,,'tJi, dr 7,j minutes uodrongles, DeAlOn West and Denton Lost dated I T160 and pholorevised p 1 t 1968 and 1973. V Ir , N N T CITY OF DEN TON LANOFILL [)off y; Q TOPOGRAPHIC MAP I0^ X95 rn . n ilripme--- • 0 r P. ~ in,%.> t c 4 pl(+'!+~t'Ey R';t jlvii Q 'r 0 e, 0 All, \5 1, ! ~ ~~w. \ ~I Sr.I r \ `rlnr, o I[R_'S. ~I. \~\~V l.•1,. ' I V ~ - WAS • [E / 111 n I) ~ ~ ff ' ' R AI1[NI ~f 3 } ° f'.... f it / / I ,t'~~~f r / ...°jw. r\ o -ro ew TEA ~ I YG Iv SCALE INrC[I I 1L_'+1. II_. '4 ~rOS E[R Rb~./ If ; d 4k NORTH / iLRRk [R /eG[SS ~ ! / ~rR~ue(uec°' t (~y-i- . / is t_ 'll j _ --a _ - f i v.~ J IBl'1N Nr LEGEND RIM P [Yi [era ru lJ I ~ r _ • _ .1 ~~i,__,_ _ _ I I NORi ,\i1 1 I' j \ = l1U.1,1,1\ 100 YR. 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'15 It 34 !818 Cn nle,~q, t,,c. 3 • ea • 1 t 7.0 LINER AND COVER The landfill will be underlain by a liner system consisting of compacted day and 60 Mil thick r high-<iensity polyethylene sheet. A separation liner will be provided between the existing landfill and upper layors of new waste. A leachate collection system will collect leachate from the entire site and convey It to the Pecan Creek Water Reclamation Plant, The site will be covered by clay and a synthetic membrane, plus a vegetated soil layer to control erosion and minimize water inflllratlon. O • Proied WMWY 12 ■ NOR ErgYraY , ft. MwCh I M r 'h b t S 1 I I J t • ss • 8,0 SEQUENCE OF DEVELOPMENT , The site will be developed from west to east. Visual screening of the operating area Is a major consideration in the sequencing of the operation. Figure 4 shows sequence of development. 1 l i 1. 1 • i 1 RE SWrAWY 13 HMDRE# Uo. MWOK INN • c> - l - a II ~ " ,wt rr. .AIIIN1 NIR rNRIR[ KANT , (t~ ' • lL l~ _ / \ o :oo too P kRK ItR J PP J , Q 1 I CLRITr . ' , / , ; 1 lt~ MCI µc :;tll' ( \ , I • ~ S[Y[ IM ![[7 _r F 1 \ Pa} '.x".•.~ , ~f f.. \ `t Y •~..`K, `I MxMi LIST ! : lx dl r_I R°cr@ 1 E+1 K66SS OM MMtR1Y LOK / L/I I « C - r_. _ ~ ~ II ~ ~ 'Z~ ~ ~ ~~4 1, ltK'wliC Cal[CiION rl/q _ \ +I III If I o f y Q[ i IL /~Y I °J \ ~ % N RK[R '6 I \ 1 I ' ; 0 OWN PENN -r' , tS• • ,,,j o i 40AT r ALL W(AIKR AMS1 RM I ~r P~ f ; ILL. Dr4DItY1 rL!K[lMl 1 /MAT [KxA iI oil r CKS104 KNTMiC YLNRr WALL if Ol Im i l Ct p ~ < y ~ ~ \ TO rR.rlotwwAN IJI J f PERM[1(R 5[CLM IY + I \ tt [ ;....,II ~ StMRY WALL il•M o.5x ; 70 CLIENT f f % 49 aj~ n3A 'Y 1 aL~itNl ~ ~J/S? \~~r. .`I {y S~'~L1 \r`i{ ~~\\~~U / J • n _ ~ _ \-W ~ L_ _ ~ ~ Y\) h 111 l~t 1~1~\,\, 1 ~ ! 1 ~ 1 1 51 ! O ~ ~ 1 I ti~~---_---~• - » iit i/ % 1 //lr /~•.Y~ 111~~~~' ~~I ~i.~\~~:~ \,;11`.1,\\~\\ ~~//f i I~I r~ , f t i~~~a L ' / /-ev. #R~ / ILA/' \~~Pdfn I~1\.;\\~\`\.\.~ \\~Y`\~Y\\ Y,,\\'~i ! LI JI !qIU S . ~y' 12 l.MtS~cri1 ! i. < /~I ~ . L LYE L, ?II. i r \ \ LrOP00!L-f" NMAR LOY 0 Br PItn'5LC~Rta~t lRiC M KCOROANC[ In ix NAI i +09 a r J \ ~'i \ • Y iMOMOS DT 0 lAf K Vt1'S, W. PM ~ppIM11 0A}[0MRl 1. . ~ '"555 1 "ORIBOC~S.(Y Woo" ON I01iii lll~i >1Y}~~~;,,,• r CITY Of OENTON LANDFILL ou a I SITE DEVELOPMENT PLAN Mot. 1995 1 FIp,wR rAW Ceglneer.nq,hc 4 • O • • • CITY OF DENTON MUNICIPAL UTILITIES STRATEGIC POWER SUPPLY ASSESSMENT FEBRUARY 1995 prepared By rRESOURCE MANAC EAI ENT Pm■ INTERNATIONAL, INC. f wr.w........r.~. err. r .r.~•..w.~~iYJrr.~.. w.r.,. . i P. -11 y P.. ` a f4 n il 2~fe ~~S • • .7 '"r v t,': r2 ,~~.`Mi+.. i s 0 1 w RMi Ris,)Im,, MA.[A GI%IV K1 ' f] r r RN A 11 a N,11 , I N C 3 February 22, 1995 Mr. R. E. Nelson, Executive Director Denton Muticipal Utilities 215 E. McKuuley St. i Denton, TX 76201 Subject: Strategic Power Supply Assessment Dear Bob: " Resource Management International, Inc. (RMI) submits this Report presenting the results of a Strategic Assessment of Power supply scenarios for the City of Denton (Denton), The intent of this assessment was to complete a focused evaluation of power supply costs considering both Denton's existing arrangement with the Texas Municipal Power Agency (TMPA) and alternative arrangements involving regional power supply options not currently available within the terms of the existing TMPA Power Sales Contract (Contract). The results of this assessment establishes a perspective of Denton's power supply costs within today's competitive electric utility marketplace. i The restruetruing of the electric utility industry is creating opportunities for new power supply relationships. These changes are expected to result in market-based pricing, a major shift from the historii: approach of cost-based power supply. This market-based approach is expected to lead to lower costs and place considerable competitive pressure on utilities with fixed price commitments and limitations on available options associated with future power supply. This position is confirmed when comparing Denton's forecast power supply within the existing TMPA arrangements with other power supply scenarios considering regional power supply resources. Denton is being placed at a significant disadvantage when competing on price in today's power marketplace. 't'he aggressive actions being taken by Denton's utility leadership to assess current and future changes within its TWA relationship are very important. The results of this assessment suggest that significant steps should be pursued to reduce costs from TWA's Gibbons Creek Plant and to modify the TWA Contract to allow the TMPA members greater flexibility in obtaining power supply resources that are supplemental to the Gibbons Creek production, It Is important to recognize that the atwlysis presented in this Report differs from that being prepared by TMPA. This assessment considers only Denton's requirements and its local (native) generation resources, and evaluates alternative power supply scenarios from Denton's Independent perspective. "therefore, it is not surprising that results from this assessment contain a different range of A findings which will be valuable as Denton's utility leadership continue efforts to improve their • 0 power supply position. NJI11C'al'n.tl. of 'h~n.11101111 ~r iAlixin tiVilr td:. A1suv'.'1 1' 78711.1026,(513):745-5415.Fay19121?.; f,;14 .V I'ru r,n Ull tixans ro. ('A U'wu~ia„~.lk' N1.i 7',1111 ill i t~ • 0 A r Mr. R. E, Nelson, Executive Director February 22, 1945 Page 2 RNG appreciates the opportunity to support Denton's utility leadership in its work to obtain a competitive power supply program for Denton. We are prepared to further refute the Preliminary assessments of alternative power supply options as additional direction is forthcoming from the negotiations with TMPA. We are committed to working do&Ay with Denton throughout its program to secure an integrated power supply plan that will contribute to the long-term success of the Denton community, Sincerely, John Allen Moore Enclosures 1. 1 i 1 I 9 i • J RM1 It L 5 11 U U f( M* N l b I M L i .-a~M.w-rY•. ~ • r. W+.WYJIWCW'V i L "JJ / 1 ♦ • • r Ir r t ~ ' l+Sr~ ~ 'fir t 5 ! l(u~ t ' 1 s t rt";•.~, ,~•1~f ~N~~+~~'4r'~I~U~~~ ttk 1 L~IS'. • W 0 dfiL C , CI TY OF DENTON MUNICIPAL UTILITIES STRATEGIC POWER SUPPLY ASSESSMENT mom mullw1ftmall ■ FEBRUARY 1995 PREPARED BY HMI RESOURCE MANAGEMENT INTERNATIONAL, INC. ,y; • • c~ TABLE OF CONTENTS CITY OF DENTON STRATEGIC POWER SUPPLY ASSESSMENT Section Ewe I INTRODUCTION . 1-1 2 BACKGROUND 2.1 3 SUMMARY OF FINDINGS , 3-1 Conclusions from Evaluating the Results of the Assessments , , , , , , , , , , , , , , 3.1 Findings from Retrospective Assessment 3-3 Findings from 15-Year Forecast Power Supply Option Assessment 3+1 4 RETROSPECTIVE REVIEW Overview 4-1 Approach 41 Description of Optioas 4-1 TMPA Supply Base Case . 4-1 Full Requirements from Native Generation , , , , , , , , , , , , 4¢-2 Full Requirements Purchase from the Brazos Electric Power Cooperative . 4-3 Full Requirements Purchase from TU Electric (Wholesale Power Service Rate) 44 Combined Purchase and Native Generation Options , , , , , , , , , , , 4-5 Summary of Results . . 4-8 5 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT , , , , , 5.1 Overview 5-1 Approach . . Description of Options . . . 5.1 Base Case . 5-2 Full Requirements from Native Gener Hon ' ' . • . • 5.2 Full Requirements Purchase fror • he Brazos Electric Power S-3 • Cooperative . , 5-4 Full Requirements Purchase fro: TU Electric (Wholesale Power Service Rate) . . 5-5 Full Requirements Purchase from TU .rtric (Wholesale Power Competitive Service Rate) , , 5-5 Combined Purchase and Native Geneidtion Options , , , , , , , , , 5-6 • Summary of Results 5.7 • • 6 ENDNOTES , 6-1 i i • 0 • TABLE OF CONTENTS Continued Section Pace LIST OF TABLES 3-A 15-Year Cost of Supply - Current ",MM 3.6 3-B 15-Year Average Unit Cost - Current $/kWh , , , , , , , , , , , , , , 3-7 3-C 15-Year Cost of Supply - NPV $MM . 3.8 3-D 15-Year Average Unit Cost - NPV $/kWh 3.9 4-A Retrospective Assessment - 1994 Cost Comparison . . . . . . . . . . . 4-9 5-A 15-Year Expansion Plan 5,4 5-B Annual Cost of Supply - Current $MM (100 percent 1MPA debt) , , , . , 5.10 5-C Annual Average Unit Cost - Current $/kWh (100 percent TMPA debt) 5-11 ( 5-D Annual Cost of Supply - Current $MM (65 percent 7-MPA debt) , . 5-12 l 5-E Annual Average Unit Cost - Current $/kWh (65 percent TWA debt) , , 5-13 5-F Annual Cost of Supply - Current $MM (without TMPA debt) , , . , . 5.14 5-G Annual Average Unit Cost - Current $/kWh (without TMPA debt) , , . , . 5-15 APPENDIX Case No, Native Generation Only 1. 100 Percent TMPA Debt . . . . . . . . A-1 2. 65 Percent TMPA Debt A-2 3. Without TMPA Debt A-3 • Brazos Purchase Only 100 Percent TMPA Debt 4. Without Sale of Spencer Units . A-4 5. With Sale of Spencer Units at $15MM . . A-5 6. With Sale of Spencer Units at $40MM . . . . . . . A-6 • • • 65 Percent TMPA Debt 7. Without Sale of Spencer Units . , . . . . . . . . . . A-7 8 With Sale of Spencer Units at $15MM A-8 9. With Sale of Spencer Units at $40MM . A-9 10. lbithout TMPA Debt , A-10 li • 0 • c~ • TABLE OF CONTENTS Continued Cade No, Ewe TU Purchase Only (Wholesale Rate) 100 Percent TMPA Debt 11. Without Sale of Spencer Units A-11 12. With Sale of Spencer Units at $15MM A-12 13. With Sale of Spencer Units at $40MM . . . . . . A-13 65 Percent TMPA Debt 14. Without Sale of Spencer Units . . . A-14 15. With Sale of Spencer Units at $15MM . A-15 16. With Sale of Spencer Units at $40MM . . . . . . A-16 17. Without TMPA Debt A-17 TU Purchase Only (Competitive Rate) 100 Percent TMPA Debt 18. Without Sale of Spencer Units . . . . . A-18 19, With Sale of Spencer Units at $15MM . . A-19 20. With Sale of Spencer Units at $40MM . . . A-20 65 Percent TMPA Debt 21. Without Sale of Spencer Units ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,A-21 22, With Sale of Spencer Units at $15MM A-22 23. With Sale of Spencer Units at $40MM A-23 24. Without TMPA Debt A-24 Native Generation with Brazos Purchase 25. 100 Percent TMPA Debt . A-25 26. 65 Percent TMPA Debt . . A-26 27. Without TMPA Debt ..........................................A-27 Native Generation with TU Purchase (Wholesale Rate) 28. 100 Percent TMPA Debt . A-28 29. 65 Percent TMPA Debt . . A-29 30. Without TMPA Debt , , , A-30 Native Generation with TU Purchase (Competitive Rate) 31, 100 Percent TMPA Debt A-31 32. 65 Percent TMPA Debt A-32 33. Without TMPA Debt A-33 • Native Generation with NUG Purchase (Denton Area) • • 34. 100 Percent TMPA Debt A-34 35. 65 Percent TMPA Debt . . . A-35 36. Without TMPA Debt A-36 0 0 Malmo] • a~ TABLE OF CONTENTS Continued Cale No, page Native Generation with NUG Purchase (Gulf Coast Area) 37, 100 Percent TMPA Debt A-37 38. 65 Percent TMPA Debt . A•38 39. Without TMPA Debt A-39 Native Generation with Existing NUG Purchase (G-ilf Coast Area) 40. 100 Percent TMPAA Debt 41. 65 Percent TMPA Debt A-41 42. WithoutTMPA Debt ...........................................A-42 43. TMPA Supply Base Case A43 44. TMPA Supply Western Coal Case ..................................1-44 • IV ~i. ~'.e' SLY;'S 1 ( Y ' fj 4 a yyi • 0 ~b • r • L SECTION I • ~i • Ptml • • ,E SECTION 1 INTRODUCTION Resource Management International, Inc (RMI) was retained by the City of Denton (Denton) l to assist Denton with a strategic assessment of power supply options, RMI's work to assist Denton is just one action in a group of actions taken by Denton's utility leadership to investigate current and future power supply opportunities. The intent of the review is not so much a conventional screening to obtain an adequate level of available capacity as it is a focused evaluation of the cost of available power supply. Establishing such a perspective is consistent with today's competitive electric utility marketplace. The restructuring of the electric utility industry is creating opportunities for new power supply relationships. These changes in the industry present electric utilities with the advantage of a greater variety of power supply options, but could lead to the disadvantage of retail customers having access to competitive power supplies, With the advent of a greater number of available power P3 supply options comes the expectation that the cost of future power supply will respond to increased comperition and become more market-based. Recognizably, this will be a shift from thzt historic approach of cost-based power supply. The speed with which such a transition will occur is uncertain, but it appears inevitable considering the recent changes in federal regulation and anticipated changes in state regulation. l Denton's utility leadership has recognized these emerging conditions and has responded aggressively with actions to assess current and future conditions within the relationship with the Texas Municipal Power Agency (TMPA). Denton is reviewing information on options currently being explored by TMPA to reduce the significan' increases being forecasted for TMPA power cost. Denton's representatives have taken an active role in encouraging TMPA management to fully investigate all available alternatives to reduce the future increases in projected cost of TMPA power. In addition to the staff's work with the TMPA, RMI was retained to assist in evaluating Denton's current power supply situation and participate in the framing and evaluation of alternative strategies to pursue an improved future power supply program for Denton. 'T'his report summarizes RMI's investigations of alternative wholesale power supply costs in the region. The power supply cost assessment clarifies Denton's current and projected • future wholesale power supply position relative to other regional power suppliers. This Report does not attempt to analyze TMPA's planning, but provides estimates of power supply scenarios to compare with TMPA forecasts of future power costs. The results or these investigations bring a marketplace perspective to Penton's on-going strategic planning initiatives. The information should also assist Der,ton In recognizing the extent of the potential competitive challenges associated with pn. mr supply costs. • • f! The comparison of Denton's current TMPA power supply costs with other wholesale supply costs involved preparing spreadsheet models of Denton's 1993 purchases arsuming the variety or options discussed above. This investigation was described as a "Retrospective 1-1 • 0 W • INTRODUCTION C Asw%Llnent" of what Denton might have experienced in wholesale power costs last year under the individual assumed power supply arrangements, The results of this investigation attempt to project TMPA's and Denton's current competitive position. The 15-Year, forecast, described as a 15-Year Power Supply Option Assessment provides a comparison of wholesale power supply costs for a similar set of alternative power supply arrangements with a forecast of TMPA costs, The preparation of these analyses and the results are discussed and presented in Sections 4 - Retrospective Review and 5.15•Year Forecast Power Supply Option Assessment. The individual spreadsheet Case Studies for each power supply option are included in Appendix A. A summary of the results of both analyses is presented in the following Section 3 - Summary of Findings, • i 1-2 • • ~k , ~(,~4 ~ r~ ~ X f~5j+.~J-l9 >~a ~''4.1 s11~~~.. i • • • SEcnoN 2 7 • Ptml • a~ SECTION 2 BACKGROUND Denton currently receives all power supply through the relationship with the TMPA and TMPP and associated contracts as one of four member utilities. The TMPA members' (Members) power requirements are furnished under the terms of the Power Sales Contract (Contract) between TMPA and the Members. The Contract stipulates that the Members receive total power supply requirements through the TMPA relationship. This results in a curren, energy mix of 65 percent from the TMPA Gibbons Creek Power Plant (Gibbons Creek) and 35 percent from Member native generation and power purchased through economic dispatch. This "total requirements" condition will continue until TMPA decides to build a new generation project. At that time, the Members can individually elect to net participate in the new project and have the right to pursue other options for wholesale power. The Member(s) electing to not participate in the new project would retain the responsibility as Nartners in Cie Gibbons Creek plant and be committed to pay the allocated percentage ownership portion of the outstanding debt and future operating costs of the plant. As a result of the high cost of power from the Gibbons Creek plant, the City (and the other r Members) are currently experiencing higher than market wholesale power costs, This l condition is expected to continue through the term of TMPA's financing for the Gibbons Creek plant debt which currently extends to year 2017. TMPA is currently evaluating alternatives to attempt to reduce the projected future cost of power from the Gibbons Creek plant. The results of these evaluations suggest that the preferred option is to make additional investment in the plant to convert the boiler to burn western coal and eliminate the use of lignite. This investment includes construction of a rail spur and rotary coal dumper ($21 million) and associated plant modifications ($13 million), paid out of available reserves. With the conversion of the plant to burn western coal, the value of the TMPA owned lignite fuel is questionable, Should the lignite reserves owned by TMPA not have any future use (or value) as power generation fuel, the outstanding debt, which includes both the cost of the construction of the plant and purchase of lignite reserves and mining equipment, must be repaid from the operation of the plant combined with the additional • cost of purchasing the western coal fuel. The approximate $1.44 billion in TMPA debt when considered in relationship to the plant's 400-MW capacity results in an investment of $3500 per MW. This is considerably more than the construction cost estimates of new coal plants being currently planned (estimated in the $1,200 to $1,500 per MW range). This condition suggests the difficult competitive position that TMPA currently experiences will not likely improve in the future unless the cost of natural gas escalates rapidly. Projected unit costs A of power in the recommended plan for future Gibbons Creek operation range from $,04635 • • per kWh in 1995 to $.06542 per kWh In 2010. Forecasts for power produced from existing and planned coal fired plants typically range from $.030 per kWh in 1995 to $.057 per kWh in 2010. r 2-1 • O • 0 • BACKGROUND In addition to Denton receiving the high cost power from the Gibbons Creek plant, Denton pays higher than average TMPA native generation power costs for the portion of the power it furnishes under the TMPP economic dispatch relationship. The established accounting practices as contained In the TMPA contract (and the resulting billing to the City) for power produced by the individual Members' owned generation requires that the individual Member "purchase" its generation up to a level of need in excess of its allocation of Gibbons Creek generation. Denton's existing generation is not efficient and is more expensive to operate than units in other Member cities. The TMPA Contract restricts the opportunity for individual Members to install new more efficient generation. Under terms of the TMPA Contract, Dutton is required to operate its units based on economic dispatching considering TMPP as a whole without regard to the impact on Denton individually. There may be more economical power (considering the Denton's individual economics) available in the mark(;place, The TMPP system is operated to achieve the lowest cost system-wide power supply cost without regard to the impact on the individual Member. This condition would not be as great a concern if Denton were receiving a cost advantage from its participation in the Gibbons Creek plant and a total net economic advantage from its TMPA/TMPP relationship, The combination of high cost power from both the existing TWA resource (Gibbons Creek plant) and TMPA's contract restrictions or modifications to Denton's native generation places Denton in a difficult position to mitigate future rate escalation which would be necessary to cover increasing power costs. Placing these issues in perspective is the principal objective of this Report. • I i 2.2 "'~'~'~Tr"'^' _~,.-w .....r..~wr.lYllYliYW^fsY y,, u._. r r ,r r { r c , a. • • SECTION 3 r ~ z r..Y Ptml ! ~ d A ~j o ~ YY n.~ jta ki l~ ~P<l~tt"~"r rFI P1 'r~7~iFF~^~~~'~✓{'~Ffpi, ~A~Ii~N'I~~~ • w • i SECTION 3 SUMMARY OF FINDINGS RMI's investigations involved two perspectives: Denton's current cost of power from its TMPA relationship compared with what it might be under different power supply arrangements; and, a 15-Year forecast of alternative power supply costs compared to a forecast of TMPA' projected future cost of power. RN assessments of alternative power supply options are representative of today's wholesale power marketplace. These assessments involved projections of power supply costs to Denton for a variety of options ir,:luding: Denton owning and operating generation resources sufficient to meet its total requirements; Denton purchasing its total requirements from other regional utilities or power suppliers; or, Denton combining the purchase of a portion of its power requirements with the use of existing generation facilities to neet total requirements, The results of the Retrospective Assessment and the 15-Year Forecast Power Supply Option Assessment provide a set of estimated power costs that can be used to assist In putting' Denton's current TMPA costs and cost projections into an overall marketplace perspective. The approach taken to prepare the two assessments and the results of the analysis are discussed in Sections 4 and 5 of this report. This information will be an important resource to evaluate the power supply planning being prepared by TMPA. The TMPA power supply planning has been prepared assuming TMPA Members continue to act as one integrated group with decision-making that benefits the group as a whole. The analysis presented in this report diffars from the TMPA planning in that the power supply studies consider only Denton's requirements, its local (native) generation resources and evaluates alternative power supply scenarios from Denton's perspective. These prelindiury analyses have been prepared to investigate the potential economic advantages of the alternative power supply options. It Is important to unrerstand that the alternative power supply options are not currently available due to the erms of the TMPA Power Supply Contract. As this Report Is being prepared, the Citi s are pursuing negotiation to revise their TMPA contract. The revisions being pursued woi.ld provide Denton new options to consider to establish a competitive power supply program for the future. CONCLUSIONS FROM EVALUATING THE RESULTS OF THE RI3TROSPFCTIVE AND 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENTS 0 The results of these assessments identify higher projected costs of Denton's power supply • • J attributed to its I'MPA relationship when compared to other alternative power supply options. Denton should explore all possibilities to change the terms of the TWA Contract to allow it to make improvements or additions to its native generation to reduce the cost of native generation and gain greater access to economical power purchases, Denton should 3-1 • 0 - - raa.aar • a+ • SUMMARY OF FINDINGS r work diligently with its fellow TMPA Members to explore all future options for the Gibbons Creek plant including improvements to its unit performance, reductions in operating and maintenance costs, and sale or mothballing of the plant. It is critical that efforts be focused on ,bsLth issues (limitations within the TMPA Contract on improvements to Member native generation and TMPA exploring all options for the future of the Gibbons Creek plant) to obtain significant reductions from current forecasts of future power supply under the current TMPA relationship. The following conclusions are developed from a review of the Retrospective Assessment and the 15-Year Forecast Power Supply Option Assessment; • Denton's current power supply costs are approximately $0.046 per kWh. These costs are higher than competing utilities in the region. This condition places Denton at a disadvi+ tage when attempting to compete on price in today's power marketplace. • Forecasts of future TMPA supply costs (as projected in the Burns 6r McDonnell study) indicate TMPA costs will be approximately 10 percent to 60 percent higher when compared to projections of power costs for other regional power supplies. This difference could approach the higher percentage levels with the Increased Introduction of market-based pricing for wholesale power sales. A significant difference in power costs could have a serious negative impact on Denton's ability to compete for future customers who would have the opportunity to chose their power supplier. • Under the non-TMPA cases, the value of the Spencer Plant is greater as a operating generation resource than the projected proceeds from its sale. This is indicated with the lower projected costs attributed to the combination of native supply and purchase options when compared with purchasing Denton's total power requirements, This is a different position than is currently being experienced by Denton as a result of the TMPA Contract and the current TMPP economic dispatch. The power received by Denton from its native units is often more expensive power than the Bryan and Garland reheat ands when integrated into Denton's power • supply mix. • The evaluations of the 15-year case studies Indicates that the current market level of wholesale rates, as represented by the TU Competitive Rate cases, could allow purchase of power, including existing TMPA debt, as an economic alternative to continuing to generate power at Gibbons Creek. However, TU has only been willing • e to discuss offering this pricing level for a five-year term, The introduction of additional powe: suppliers into the market is expected to produce more market- based pricing opportunities and potentially reduce the level of cost of wholesale power being marketed even more. 3-2 • 0 1 • 1 ' SUMMARY OF FINDINGS • The forecasts of continuing increases in power costs from Gibbons Creek will place additional competitive pressure on the TMPA member cities. At some point, this condition could become severe enough to begin to impact the member cities' ability to continue to grow and they could experience a loss in customer base. This could result in additional difficulties in repaying the TMPA debt and place the bondholders at risk, All avenues to reduce the forecast increases in future power costs need to be fully explored. • The restrictions placed on the member cities to make modifications with native generation to lower the cost of power from native generation should be carefully examined in light of the forecasts of future power costs from Gibbons Creek, The member cities should have greater access to potentially lower cost supplies of power to improve their competitive position '.i the marketpla:e. • The Cities are currently pursuing revisions in their TMPA contract reducing the restrictions on modifying their native generation to lower the cost of power. If the Cities are successful in changing the restrictions regarding the resources available for power supply supplemental to their Gibbons Creek power commitments, further in- depth investigations should be undertaken of potential power supply alternatives discussed in this Report. FINDINGS rROM RETROSPECTIVE ASSESSMENT The Retrospective Assessment was prepared to compare Denton's current TMPA power supply costs with a range of alternative power supply nrrangentients, Denton's actual fiscal year 1993 cost of power was compared to alternative power purchase arrangements that included: obtaining all power supply from Denton's existing and additional native generation; purchasing all requirements from either Brazos Electric Power Cooperative i Brazos) or Texas Utilities Electric Company (TU); or, establishing a power supply program that relied on a combination of native generation and purchases from either Brazos, TU, or a non utility generator (NUG), The assessment examines the current competitiveness of Denton's power supply from TMPA. ti Results from projecting fiscal year 1993 power costs frout the alternative power supply programs are sunurarized in Table 4-A. The fetal annual supply costs and average unit costs for each supply case evaluated are summarized for comparison. It is important to remember that the alternative supply cases do not include any of the current TMPA debt responsibility. They represent a potential supply condition if Denton had not joined TMPA 0 ® and currently obtained power supply from the indicated source, The power costs experienced by Denton under the TMPA Contract are projected to be higher than the majority of the alternatives investigated. The total annual cost of the power under the TMPA Contract is higher than: Denton providing all resources from existing and 3-3 ~ o lJ~ own NOWNWOM • w • SUMMARY OF FINDINGS a additional native generation; any combination of "native generation plus purchases"; and, the new TU Competitive Pricing Rate. The only alternative projected to have higher costs } s than the TMPA Base Case is a full requirements purchase from TU Electric under its current wholesale rate. Power costs under the assumed native generation case are projected to be approximately 30 percent less than current TMPA costs. FINDINGS FROM 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT The 15-Year Forecast Power Supply Option Assessment was prepared to compare forecasts of future TMPA supply costs to a range of altemative supply scenarios similar to the alternatives considered in the Retrospective Assessment The number of alternative arrangements (case studies) evaluated was expanded to take into consideration Denton's current TMPA debt responsibility and the concept of Denton selling its existing Spencer generating plant units, i Results from preparing 15-Year projections of power costs for the alternative power supply programs considered are summarized In Tables 3-A, 3-B, 3-C, and 3-D, Table 3-A summarizes estimates of total 15-Year Cost of Supply in current (today's) dollars. Table 3-B presents estimated Average Unit Power Costs over the 15-year period, also in current dollars. Tables 3-C and 3-D present 15-Year Cost of Supply and Average Unit Power Costs 1. in net present value (NPV) dollars assuming a six percent (6%) discount rate. These power costs incorporate a cost of gas of $2.26 per MMBtu in 1995, escalating at 4 percent per year. The forecasts of the alternatives evaluated can be compared with projections of future TMPA power costs as presented in the Final Report Power Supply Study' prepared by Bums & McDonnell. Two forecasts of future TMPA costs were obtained from the Burns & McDonnell study for comparison, The Base Case (extension of current Gibbons Creek operations) and Additional Case PR8 460 Low (conversion of the plant to burn westent coal) were summarized on each of the Tables. The impact of the TMPA debt was evaluated under three different levels. Case stucues were prepared assuming TMPA debt to be: at the current level; at 65 percent of the current level • (assumes sale of the Gibbons Creek asset at approximately $500 million); and, a series of case with no TMPA debt. Again, the evaluation of power supply plan with TMPA debt was not completed to presume that Denton could eliminate Its current debt responsibilfty, but to provide some insight to what the future cost of other power mfght be for other utilities with similar power requirements to Denton, r. • The consideration of the sale of the Spencer Plant was made to assess the potential impact of offsetting a portion of Denton's TMPA debt expenses with the proceeds from the sale of the plant. Two different levels of sale price were evaluated. One level assumed a sale for a cost representative of current book value (estimated to be approximately $15 mlilion) and 3-4 • • _ SUMMARY OF FINDINGS a second level representative of potential market value for similar units (estimated to be $40 million). The projected TMPA power supply cos4v for both TMPA cases were less than any of the alternatives assuming the requirement to either repay the full level of TWA debt or the 65 percent level of debt except the two cases involving the new TU Competitive Service Rate. The impact of the current TMPA debt on Denton's power costs can be seen by comparing the costs projected in the set of cases "Without TMPA Debt" with the costs for the 100 percent TMPA Debt" cases under the condition of "Without Sale of Spencer Units". r X5 ~ 0 yt. dY., ;ii(~lfl ~ +:i V'~~dll✓ ti1 i Table 3-A City of Denton Comparison of Power Supply Options Study Period 1995 through 2009 15-Year Cost of Supply - Current $MM 4 l With 100% TMPA Debt With 66% TMPA Debt Without TMPA 22%of 1.44 billion 17 million 22% of million = 7 million Debt Wfth Sale of With Sale of With Sale of With Sale of Case Description Without Sale of Spencer Unks Spencer Unit Without Sals o Spencer Unh Spwxer Unks Without Sale of Units at 16 MM et 40 M S WNW UnlM et 1 MM al I' Units Options Witiwut TMPA Su i Native Generations $1,014 S678 Only Bros Purchs" 1,120 1,003 O$Me n TU Purdw" Only $1,314 $11291 $1,253 $1,197 $1,174 $1,135 $979 O Whohm is Roos TU Purchase Only 59x9 $915 $876 $821 $796 $759 5803 @ Rats No"" Whh Brazos $1,034 $916 $898 Puretwe NeOv with TU Purchase $1,077 5980 $742 O @ NO" with Tu Purchase $900 $787 557e O C.omgL_ Raft _ Net" wNh NUA - $1,009 5892 5874 Denton Aron eurdws - flativs whh NUO • $1,018 $931 $713 uM Cow Purdhsse Native wlfh Existing NUti. $1,133 $1,016 l79e 1 Gulf CoM Purchase B TMPA • Ban case Western Cost $877 EH • ca 0 • t• Table 3-8 City of Denton Comparison of Pourer Supply Options Study Period 1995 through 2009 15-Year Average Unff Cost - Current $/kWh with 100% TMPA Debt with 65% TMPa Debt WMPa 22% of 1 b illon = 1million 22%of 0 million = 7 million with Sale of with sale of with Sale of With Sale of Casa Description without Bale of Spencer units Spsnzer Links wittaut sale o Spencer units Bper~cw units le of S wr Units at i6 MM at MM Spencer Ur:, at 16 M at MM U lea Options Whhout TMPA Supoly Nat PMIZI-04 Purchase ive Generation $0.085 ON .044 i° .07 $0.072 $0.070 $6.068 $0.062 only A TU Purchase O wholesale Rib 0~ 0~ $0.081 :0.077 S0.076 :0.073 $0.083 T Competitiv unhsss Only $0.060 $0.059 $0.058 50,053 50.051 $0.019 s0.0" Native Brazos $0.068 $0.069 $0.045 Native with TU Purchase $0.069 $0.062 50.048 • Native with TU Purchase ".056 $0.051 $0.037 O Rafe Na tive with NUG - $0.085 $0.067 $0.043 Denton Am Purchase Native with NLIS • $0.087 50.080 $0.048 Gulf Coast Pumfwea I ---T-- Istive with Existing NUG • $0.073 $0.086 $0.051 TMPA Su M"g& options l ass 2 Western Coal $0.056 a • cn • • f Table 3-C City of Dentont Cornporison of Power Supply options study Period 1996 through 2009 } 15-Year Cost of Supply - NPV $MM r With 100%TMPADebt wilt,65%TMPADebt W~houtTMPA t7eW of 1,44 bkllon % f7 mfliion 22% of Wrnh 0 million Sefe of f With Sale of whh sale of With Sale Of of CA" Dssaiptlon Without Sale of Spencw Units Spencer Unb Without Ssle o Spomor Unks Spencer Unfts Wihout Sale spenm Ile d 15 MM at MM Units to r IAM- at M C nM U Its Options Without TMPA 11 N" GlaneraUon 5818 $00 $M8 ape 09 1 13 a Qh k TU Purchase Only $806 5793 576s $738 5721 Sfi98 $801 0 Wholssale Raft TU Purchase Only 5570 5581 $598 $504 $48P 5454 $369 41 Comaetitive Rote erg 5424 Native with Brazos $831 Mire De g $451 No" whh TU Purchase 585s 0 fts* $494 S3yt • Native with TU Purchase $ 0 Rats $5+4 $409 Native wfth Nt1C9 - $817 Nettve with NUQ - $840 5597 5432 QuM Coast Purchaas $811 $178 Native with Existing NUO • 5884 8 • TMP Su to EWWOesstem sse Sat Coal • o • t:a e r Table 3-D Y City of Denton Comparison of Power Supply Options # Study Period 1995 through 2009 i 15-Year Average Unit Cost - NPV WkWh With 100% TMPA Debt %Vhh sex TMPa l~ 3WMwTMPA 1billlon a 17 million 22% of million , M-Mon With tale of With Sale of With S& of with Sale of Case D wription Without Sari of Spwww Units Spencer Units Without sale 0 Spencer tMMP SWw Units S Units at 16 M at M sr Units at 1ti M st MM Opt" Wfthout TMPA S Nott" Generation .040 .935 $0.026 ~ wraza Purchase 046 i Only `f4 TU Purchase Only $0.052 $0.061 $0.049 =0.047 $0.016 $0.045 $0.039 0 Wholesale Rats Tit Purchase Only $0.1137 $0.038 $0.094 K032 ;0.031 =0,030 $0.024 O Cc mpetlttw RsNi Native with Bram $0.041 $0.036 $0.027 Purchase Native With TU Purratisss 50.042 $0.038 $0,029 0 Native with TU Purchase $0.036 $0.031 $0.023 0 Grnpellb" Rate Native with NUa - $0.040 $0.035 $0.028 DMrdon Aron Purchase Not" with NUa - $0.041 $0.030 $0.023 Gulf Coast Purclrsse Native with Existing NUO - 50.044 $0.039 $0.031 TMPA Su • Options 7 =Westtm $0A04 N 0 e~ • . SEcnoN 4 s RMr rf r • I ~ 5 ' SECTION 4 RETROSPECTIVE REVIEW OVERVIEW The Retrospective Assessment compares Denton's existing power supply costs to several alternate arrangements for power supply. This assessment provides information to evaluate any current cost advantage or disadvantage being experienced by Denton as a result of its TMPA relationship. A base case was developed using actual cost data tabulated from fiscal year 1993 operating statistics. Three classes of alternative supply were developed for the purpose of comparison to the TMPA Supply Base Case: • Native generation; • Full requirements purchases; and, • Combinations of native generation and purchase power. Alternatives were developed from RMI's knowledge of the power sales market and available public information, In all cases except the TMPA Supply Base Case, Denton was assumed / not to be a member of TMPA. APPROACH Annual operating costs for the TMPA Supply Base Case were tabulated from actual fiscal year 1993 production reports. Monthly load and consumption data were used to develop annual operating costs for various combinations of native generation and purchased power. Results were summarized in tables. DESCRIPTION OF OPTIONS TMPA Supply Base Case s The TMI'A Supply Base Case was compiled from information appearing in the monthly City of Denton production cost reports, monthly energy costs calculations, and annual O&M account reports. The period studied included the months of October 1992 through September 1993, or fiscal year 1993. Information was compiled to describe the load e characteristics and actual operating costs for the City of Denton Electric Utility system. In 0 r the analysis, itemized costs were allocated as follows: { 4.1 t O • • ANN R6TROSPECTNE REVIEW TMPA SUPPLY - BASE CASE Item Annual Cost Percent of ($M) Total Energy Production TMPA Debt Service $23,922 TMPA lignite Production 7,381 60% TMPA Economic Disp-tch 2,527 10% Brazos Interchang; 1,026 4% Denton Production 7,029 26% Fixed O&M 1,000 Variable O&M 1,931 Off-System Sales (5,552) Annual Cost $39,264 100% Unit Cost $0.0463 TMPA demand costs indicate actual debt service payments made in fiscal year 1993. TMPA production includes lignite energy available for City consumption plus lignite energy available for off-system sales. TMPA economic dispatch is attributed to excess energy made available to Denton from gas-fired generation of other TMPA members, The Brazos Interchange includes Denton's participation in TMPA and TMPP transactions for economy energy, replacement power and ERCOT broker purchases administered by Brazos Electric Power Cooperative under TMPP. Denton production includes energy available from the five gas-fired units at the Spencer Plant plus two hydroelectric projects. Production costs include natural gas fuel expense for the Spencer Plant only, The operation and maintenance expenses capture only those reported for the Spencer Plant for fiscal year 1994. T,ie apportionment of O&M costs to fixed and variable expenses is assumed. Off-system sales include capacity payment and energy sales received through TMPP plus ERCOT broker sales and inadvertent power exchanges. The total annual cost for electricity is the sum of all expenses less revenues from off-system sales. The distribution of energy production is calculated as the ratio of the unit of production of each source In kWh to the total kWh • production. Full Requirements from Native Generation ' In the native generation scenario, Denton's demand for power exceeds installed generating • • capacity in the first year, Repowering of units 1 and 2 of the Spencer Plant is required. Two, 11.5-MW steam turbines are assumed to be repowered with the addition of hvo 38.8. MW combustion turbines, resulting In the installation of two, 50.3-NIW combined cycle combustion turbines. As a result, the total plant capability is Increased by 77,6 MW to 246.6 MW. Debt service for repowering was calculated using capital costs described in the Long 4.2 r- • I ca • RETROSPECTIVE REVIEW Range Power Supply Study' and financed at 7.5% interest for 30 years, The capital cost for both units is assumed to be $50,800,000, j Average weekday and weekend day load shapes for fiscal year 1993 were used to develop general load duration curves for the City, Generation units were dispatched to serve energy according to heat rate with the most efficient units being assigned first. i simple linear relationship was used to inflate heat rate with corresponding declining capacity factors less than full load. The overall system heat rate of 10,000 Btu p,.r kWh was calculated as the weighted average according to energy served. The contribution of energy produced by the hydroelectric projects was not included in the average. The average natural gas fuel cost ($2.26 per MMBtu) is estimated from actual fiscal year 1993 data. FULL REQUIREMENT CASE - NATIVE GENERATION Item Annual Cost ($Nt) Debt Service $ 4,334 O&M 4,394 Fuel 19,174 Annual Cost $27,902 Unit Cost $0.0329 This option is $11,362M year less expensive than the TMPA Supply Base Case. Full Requirements Purchase from the Brazos Electric Power Cooperative Wholesale rate information from recently approved tariffs of the Brazos Electric Power Cooperative (Brazos) were used to tabulate the cost of power under a full requirements contract. The Brazos rate features demand and energy charges with summer and winter on- peak and oft peak characteristics. Service for multiple points of delivery Is metered and • billed separately. A customer charge of $293 for a single point of delivery was assumed in r.ll calculations. 1 There is only one class of wholesale service available from Brazos. There is no differentiation in charges between primary or transmission service. A facilities charge of $1,59 per kW per month is assessed against non-coincident demand each month, for example, whether the delivery of power is at primary or transmission voltage, There are A also additional charges to Denton for any type of special line extension or special service. Demand charges for Brazos in the summer months (May through October) are the larger of r $6.26 per kW per month for on-peak demand or $5.26 per kW per month for off-peak demand. During the off-peak months (November through April), the demand charge is $5.26 per kW per month, Ratchets apply to both the facilities demand charge and the power 4.3 • O • p • RETROSPECTIVE REVIEW demand charge. The energy charge is 1.88 cents per kWh during the on-peak period (there is an eight-hour window during the summer months) and 1.68 cents per kWh during the off-peak period, Using fiscal year 1993 data, Denton is ertimated to consume 25% of total summer energy during the on-peak period, This is equivalent to roughly 15% of the total annual energy requirement. The fuel charge for Brazos is published as 0,84 cents per kWh, Brazos is connected directly to 'he Denton system, so no wheeling charges were included in the models, e FULL REQUIREMENT CASE - BRAZOS ELECTRIC PURCHASE Item Annual Cost ($M) Demand Charge $10,319 Facilities Charge 3,785 Energy Charge 14,508 Fuel Charge 7,127 Annual Cost $35,738 Unit Cost $0.0421 This option is $3,526M per year less expensive than the TMPA Supply Base Case. Full Requirements Purchase from TU Electric (Wholesale Power Service Rate) F, to parameters were taken from the most recent tariff sheets effective August 3,1993. TU Electric has two levels of wholesale power service available: primary service and transmission service. Transmission service is less expensive than primary service and was selected for the analysis. Charges for service include a customer charge, on-peak and off- peak demand charges, an energy charge, a power cost charge, and a fuel charge. A service contract is required with a term of not less than three years. If the contract demand is exceeded, a $1.00 per kW per month charge is assessed against the demand in excess of the N contract demand. The on-peak demand charge is applied to the maximum kW during the months of June • through September. All other months are considered off-peak. An eleven-month demand ratchet is applied to off-peak months with metered demand that falls below 80% of the annual maximum. Service at each point of delivery is metered and billed separately. The energy charge for the TU rate is $0,0033 per kWh for on-peak and off-peak consumption. The fuel charge in effect for fiscal year 1993 is 1.81 cents per kWh. A O strength of TU Electric is a diverse fuel mix of nuclear, lignite, and natural gas. A diverse • • fuel mixture could provide a hedge against large variances in price resulting from fluctuations in one fuel price relative to another. All rU Electric rates include a power cost charge that captures TU's cost of power purchased from qualifying facilities. The monthly average of the power cost charge during 4-4 N O • RETROSPECTIVE REVIEW fiscal year 1993 was $0.0071 per kWh. Because TU Electric is connected directly to the Denton system, no wheeling charges were included in the calculations. FULL REQUIREMENT CASE - TU ELECTRIC PURCHASE Item Annual Cost ($M) Demand Charge $25,670 Energy Charge 2,800 Fuel Charge 15,350 Power Cost Charge 606 Annual Cost $44,426 Unit Cost $0.0524 This option is $5,162M per year more expensive than the T IPA Supply Base Case. Combined Purchase and Native Generation Options This analysis prepared with the combination of native generation supplemented by copad:/ and energy purchases assumes Denton is not involved in TMPA and would purchase baseload energy from one of the suppliers described above in the full requirements cases, or from it non-utility generator (NUG). Intermediate and peaking power requirements are ` assumed to be served from Denton's native generation. The magnitude of the purchase was calculated as the difference between the annual demand plus 150/6 reserve margin less the installed (apabiiity of the Spencer Plant. The purchase of 59,200 kW was assumed as baseload tnd Denton's native generation was dispatched to follow the daily swing in demand. Purchased energy was calculated using a constant annual Wo load factor. The difference between the total annual energy and the purchased energ,r was assigned to the native generation. The annual average heat rate for native generatom was as fumed to be 12,000 Btu per kWh. No units are repowered in any case. COMBINED CASE - NATIVE plus BRAZOS ELECTRIC PURCHASE • Item Annual Cost ($M) Spencer O&M $ 2,735 Spencer Fuel 11,765 Cemand Charge 3,080 Facilities Charge 1,129 • • • Energy Charge 7,090 Fuel Charge 3,483 Annual Cost $29,280 Unit Cost $0.0345 4-5 • a~ • RETROSPECTIVE REVIEW ;y . COMBINED CASE - NATIVE plus TU ELECTRIC PURCHASE Wholesale Service Rate Item Annual Cost ($M) Spencer O&M $ 2,735 Spencer Fuel 11,765 Demand Charge 7,659 Energy Ct..,,ge 1,368 ? Fuel Charge 7,501 Power Cost Charge 296 Annual Cost $31,325 Unit Cost $0.0369 Additional cases combining baseluad NUG power and Denton's native generation were prepared. Because NUG contract terms are not widely published, estimates of cost can vary considerably from one contract to another. In an effort to mitigate this uncertainty, one actual NUG proposal and two generic NUG concepts were developed. As a starting point for the generic projects, conventional costs for equipment, finiu~cing, O&M, and fuel were developed. First, a generic NUG plant was assumed to be built within the Denton service territory. Second, a similar type project was assumed to be built on the Gulf Coast. Wheeling charges from the Gulf Coast to Denton would differentiate the two prices. In both cases, the NUG was assumed to have a capital cost of approximately $650 over kW for a 50- MW gas-fired combined cycle generating plant. Assuming carrying charges for the project at 1096 for 30 years, the average demand charge would be expected to be 55.70 per kW per month. An energy charge including O&M was estimat^d to be $0.004 per kWh. A fuel charge was calculated using an average annual heat rate of 10,000 Btu per kWh at a capacity factor of 50%. This was adjusted correspondingly for lower average capacity factor as a result of following Denton's load shape. Fuel cost was assumed to be $2.26 per NiMBtu, the • Denton equivalent. Wheeling charges are specified by the Public Utility Commission of Texas as the sum of a contract path charge plus an ERCOT system impact charge. The wheeling charges for the Gulf Coasi case were estimated using the HL&P wheeling charge of $11.16 per kW per year for contract path. The ERCO'I imp.,ct charge was calculated as $9.04 per kW per year for d the HL&P-to-TU Electric transaction. ERCOT Impacts were estimated using Summer-1994 • • load flow impacts on control centers and the published as-available wheeling charges of each effected ERCOT member. Actual impacts from the bas-to-bus transaction wit' vary somewhat from this estimate. Negalve load flow Impacts are not included in the calculaticns. 1 4-6 • U • • t PURWECTIVE REVIEW ie Confidential QF Power Supply Proposal submitted by Destec to TMPA was used to construct the third case. Demand, energy and fuel charges as well as escalation rates were taken directly from that proposal, Denton's cost for fuel ($2,26 per MMBtu) was used in the calculation of the fuel charge. The wheeling charge used in Lhe Gulf Coast case was applied to this case as well. COMBINED CASE - NATIVE plus LOCAL NUG Item Amiual Cost ($114) Spencer Oddv1 $ 2,735 Spencer Fuel 11,765 Demand Charge 3,375 Fuel Charge 7,964 Annual Coe, $25,840 Unit Cost $0.0305 COMBINED CASE . "IATIVE plus N7 N GULF COAST NUG It=m Annual Cost ($M) Spencer O&M s1,735 Spencer Fuel 11,765 Demand Charge 3,375 Fuel Charge 7,964 Wheeling Charge 1,195 Annual Cost $27,035 Unit Cost $0,0319 4-7 • RETROSPECTIVE REVIEW COMBINED C,? SE - NATIVE plus EXISTING GULF COAST NUG Item Annual Cost ($M) Spencer O&M $ 2,735 Spencer Fuel 11,765 Demand Charge 2,%1 Energy Charge 81433 O&M 415 Wheeling Charge 1,195 Annual Cost $27,504 Unit Cost $0,0324 SUMMARY OF RESULTS Table 4-A present the findings of the retrospective assessment of power supply options. r Optkins are presented as a function of annual coat and unit cost for comparison. the NUG options are the most compp""ve with costs that are up to 35% less than the TMPA Supply Base Case, The Native g. feration full requirement and combined cases with Brazos Electric and TU Electric are the next most competitive with costs 20% to 30% less than the TMPA Suoply Base Cast. The Full requirement option with Brazos Electric Is 10% less than the TMPA Supply Base Case, while the TU Electric full requir-%tents option exceeds TWA Supply Base Case costs. • 4-g , • • Table 4-Q City of Denton Retrospective k1sessment 19% Cost Comparlson Total Anrwat Unp Cost iwwwn Noma Ganaradm WO $0.033 On Brazos Purdwa $35.7 $0442 G TU Pumha" Only $44.4 $0.052 VYhoNsats Rata NOV" With Snma $29.3 $0.035 N•ttw with TU Pummm $31.3 ' ($0.037 0 sa Rea Native With NUG - $26.8 $0.030 Native with NUG - $27.0 GUM Coast Purohay NOM with Exis ft NUG - $27.5 P $0.032 rM sue Casa $30.3 $o.uas { • • • SECITON 5 w • J j . KMl . ,I • • SECTION 5 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT OVERVIEW t r The 15-Year Forecast Power Supply Option Assessment compares the TMPA forecast of costs with a variety of posbible configurations of alternative power supply arrangements. The TMPA Supply Base Case and Western Coal case were developed from data appearing in the Bums & McDonnell Final Report, TMPA production cost data was combined with Denton's current mix of supply resources (i.e., native generation, TMPA economic dispatch, etc.) and used to forecast costs for Denton in a "business as usual" scenario, Three classes of alternative supply were developed for the purpose of comparison: • Native generation; • Full requirements purchases; and, • Combinations of native generation and purchase power. Alternatives were developed from RMI's knowledge of the power sales market and available public information. In all cases except the TMPA Supply Base Case, Denton was assumed { not to be a member of TMPA. APPROACH A spreadsheet model was developed to forecast the costs associated with the base case and each power supply alternative. The City of Denton Electric Forecast of November, 1992 was used to project energy requirements through the year 2002, Annual energy consumption was assumed to escalate at rate of 2.5% thereafter to complete the projection for the 15-Year study period, Actual fiscal year load and consumption data were tahulated to portray the relationship between demand and energy for the Denton system. A constant load factor of 48% was derived from fiscal year 1993 load data and was applied to the annual forecast of energy to predict future demand for the City. A reserve margin of 15% was added to the demand forecast to project annual capacity requirements. In the native generation case, a • simple expansion plan was developed to Identify years n supply be required. The following generasumpti n were made relative o the escalation of variables over the 15-Year study period: Inflation 3% Generation Equipment Capital Cost . ' ' . ' ' . 1% • Operation and Maintenance Expense 3% • • Nah:ral Gas Fuel Expense 4% Demand Charges 2% Energy Charges .......................................3% to 3.5% Fuel Charges . . . . 3% to 4% Wheeling Expense 3% S-1 • d • r- ~ • y 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT Varying levels of TMPA debt were considered in the analysis, These included; • A full debt scenario where Denton would continue payment on Gibbons Creek as forecasted in the Burns & McDonnell study; • A 65% debt scenario where Denton would sell its share in TMPA plant for a price equivalent to what new generation would cost in today's market; and, • A zero debt scenario. This assessment portrays what Denton's competition is likely to be paying for power. The We of Denton's native generation plant was also considered as a component of the assessment of full purchase alternatives and was treated separately, Two levels of sale price were modeled including; • 'today's cost for new generation; and • Estimated market value for used generation facilities. DESCRIPTION OF OPTIONS TMPA Supply Base Case (Cases 43 and 44) The TMPA Supply Base Case was compiled from information appearing in the monthly City of Denton production cost reports, monthly energy costs calculations, and annual O&M account reports, The period studied Included the months of October 1992 through September 1993, or fiscal year 1993. Information was compiled to describe the load characteristics and actual operating costs for the City of Denton Electric Utility system, In the analysis, itemized costs were allocated as follows; Expense Item Annual C•st Percent of y ($M) Total Energy i Production • TMPA Debt Service $23,922 TMPA Lignite Production 7,361 60% TMPA Economic Dispatch 2,527 1095 Brazos Interchange 1,026 4% Denton Production 7,029 26% Fixed O&M 1,000 Variable O&M 1,931 p Off-System Sales (5,552) • Annual Cost $39,264 10095 Unit Cost $0.0463 O 0 • s • 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT TMPA demand costs indicate actual debt service payments made in fiscal year 1993. TMPA Production includes lignite energy available for City consumption plus lignite energy available for off-system sales. TMPA economic dispatch is attributed to excess energy made available to Denton from gas-fired generation of other TMPA members. The Brazos Interchange includes Denton's participation In TMPA and TMPP transactions for economy energy, replacement power and ERCOT broker purchases administered by Brazos Electric Power Cooperative under TMPP. Denton production includes energy available from the five gas-fired units at the Spencer Plant plus two hydroelectric projects. Production costs include natural gas fuel expense for the Spencer Plant only. The operation and maintenance expenses capture only those reported for the Spencer Plant for fiscal year 1994, The apportionment of O&M costs to fixed and variable expenses is assumed. Off-system sales includes capacity payment and energy sales to TMPP plus ERCOT broker sales and inadvertent power exchanges. The total annual cost for electricity is the sum of all expenses less revenues from off-system sales. The distribution of energy production is calculated as the ratio of unit of production of each source In kWh to the total kWh production. The IMPA Supply Base Case forecast is a combination of projected costs associated with TMPA debt service and energy production, TMPA economic dispatch, Brazos interchange, Denton production including O&M, and off-system sales. As mentioned previously, TMPA debt service charges and energy costs are taken as 22% of the projected costs reported in the base case study prepared by Bums tti McEkmnell. An alternative fuel supply option currently under consideration by TMPA management Is the conversion of the Gibbons Creek facility from lignite to Westein Coal, Differences from the base case include reduced sulphur emissions, reduced operating costs, increased capacity, and increased production. The net result from this improvement would be reduced fuel and purchased power costs to Denton. Information provided in the Burns & McDonnell study was used to estimate the impact of the western coal project on Denton. Because of the increased kWh production using western coal, the TMPA portion of Denton's supply mix was increased by approximately 12%. Purchased power and the operation of Denton's native generation would be reduced • correspondingly. The residual energy not served by the TMPA western coal was allocated to native generation and purchases in the same proportions as in the base case. All other costs were assumed to be the same as In the base case, Full Requirements from Native Generation (Cases 1 through 3) ® In the native generation scenario, Denton's demand for power exceeds installed generating • capacity in the first year, Repowering of units 1 and 2 of the Spencer Plant is required and / it is assumed that the two 11.5 megawatt simple cycle steam turbines are converted to two 503 megawatt combined cycle combustion turbines, As a result, the total plant capability is increased to 246.6 Megawatts, This capability remains constant until the year 19% when 5-3 • M c~ • s { 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT a combustion turbine is added'. Table 5-A provides an expansion plan which details when generation units are added to respond to future demand. The expansion plan is based on Denton standing alone and, th-?refore, includes a 15 percent reserve margin as a component of total demand, according to ERCOT guidelines. The Plan identifies the type and size of each capacity addition as well as the timing of installation to correspond with peak demand requirements. Debt service for repowering or purchase of new units was calculated using capital costs described in the Lang Range Power Supply Study" and financed at 7.5% interest for 30 years. Average weekday and weekend day load shapes for fiscal year 1993 were used to develop load duration curves for the City. Generation units were dispatched to serve energy according to heat rate with the most efficient units being assigned first, A simple linear relationship was used to inflate heat rate with corresponding capacity factors that were less than full load. The overall system heat rate of 20,000 Btu per kWh was calculated as the weighted average according to energy served, This weighted average heat rate was used for all projections and not escalated, The contribution of energy piAuced by the hydroelectric projects was not Included in the average. The average natural gas fuel cost ($2.26 per MMBtu) is estimated from actual fiscal year 1993 data. The overall cost of energy is escalated at 4% per year, Fixed O&M Is estimated as $1,000,000 In 1995 and escalated at 2% per year. Variable O&M is estimated $0,004 per kWh and escalated at 3% per year. In the native generation case, Denton Is assumed to no longer be a member of TMPA or TMPP, therefore, revenue from off-system sales Is assumed not to be available to Denton. Off-system sales are not included in the projection. Full Requirements Purchase from the Brazos Electric Power Cooperative (Cases 4 through 10) Wholesale rate information frc:n recently approved tariffs of the Brazos Electric Power Cooperative (Brazos) were used to tabulate the cost of power under a full requirements contract. The Brazos rate features a demand charge with summer and winter charges. Service for multiple points of delivery is metered and billed separately. A customer charge • of $293 for a single point of delivery was assumed in all calculations. There is only one class of wholesale service available from Brazos, There is no differentiation in charges between primary or transmission service. A facilities charge of $1,59 per kW per month is assessed against non-colncide+it demand each month, for example, whether the delivery of power is at primary or transmission voltage, There are • • ® also additional charges to Denton for an Demand charges for Brazos in the summer monthof special line s (May through tOctobe October) thlellarservice. ger of C $6,26 per kW per month for on-peak demand or $5.26 per kW per month for off-peak demand, During the off-peak months (November through April), the demand charge is $5.26 per kW per month, Ratchets apply to both the facilities demand charge and the power a 5.4 • as • 15-YEAR FORECAST POWER SUPPLY OPT1ON ASSESSMENT demand charge. The energy charge is 1.88 cents per kWh during the on-peak period (there is an eight-hour window during the summer months) and 1,68 cents per kWh during the off-peak period. Using fiscal year 1993 data, Denton is estimated to consume 25% of total summer energy during the on-peak period. This is equivalent to roughly 15% of the total annual energy requirement. The fuel charge for Brazos is published as 0.84 cents per kWh. Brazos is connected directly to the Denton system, s,) no wheeling charges were included in the model. Pull Requirements Purchase from TU Electric (Wholesale Power Service Rate) (Cases 11 through 17) Rate parameters were taken from the most recent tariff sheets effective August 3, 1993. TU Electric has two levels of wholesale power service available: primary service and transmission service. Transmission service Is less expensive than primary service and was selected for the analysis. Charges for service include a customer charge, on-peak and off- peak demand charges, an energy charge, a power cost charge, and a fuel charge. A service J contract is required with a term of not less than three years, If the contract demand is exceeded, a $1.00 per kW per month -harge Is assessed against the demand in excess of the ( contract demand, ` The on-peak demand charge Is applied to the maximum kW during the months of June through September. All other months are considered off-peak. An eleven-month demand ratchet is applied to off-peak months with metered demand that falls below 80% of the annual maximum. Service at each point of delivery is metered and billed separately, The energy charge for the TU rate is $0.0033 per kWh for on-peak and off-peak consumption, The fuel charge in effect for fiscal year 1993 is 1,81 cents per kWh. A strength of TU Electric Is a diverse fuel mix of nuclear, lignite, and natural gas. A diverse fuel nilxture hedges against large variances in price resulting from fluchzations In one fuel price relative to another. All TU Electric rates include a power cost charge that captures TU's cost of power purchased from qualifying facilities. The monthly average of the fiscal year 1993 was $0.0071 per kWh, Because TU Electric is connected directly to he Denton system, no wheeling charges were included in the calculations. Pull Requirements Purchase from TU Electric (Wholesale Power Competitive Service Rate) (Cases 18 through 24) • • A new service being offered by TU Electric recently is the Wholesale Power Competitive Pricing Rate. This rate has the following characteristics relative to the conventional Wholesale Power Service: 5-5 • 0 0 Q 0 15-YEAR FORECAST POWER SUPPLY OPTION ASSFS9INENT • The customer charge is 22% less expensive; • The on-peak demand charge is 75% less expensive; • The off-peak demand charge is 67% less expensive; • The energy charge is 12% more expensive; • All other charges are the same; and, • The agreement has a five-year term. This rate is currently being offered by contract from TU Electric The demand charge is fixed for the 5-year term of the TU offer. For purposes of this analysis, however, it is escalated at 2 percent per year, The escalator reflects that over a 15-year term, the demand charge component would be expected to increase approximately 10 percent after each 5-year contract, s Combined Purchase and Native Generation Options (Cases 25 through 42) The analysis prepared with the combination of native generation supplemented by capacity and energy purchases assumes Benton is not involved in TMPA and would purchase baseload enerf:y from one of the suppliers described above in the full requirements caser, or from a non-uHlity generator (NUG). Intermediate and peaking power requirements are assumed to be served from Denton's native generation. The magnitude of the pur.hase was calculated on an annual basis as the differenre b.,tween the forecasted demand plus 15% reserve margin less the installed capability of the Spencer Plant (169 Megawatts). The purchase was assumed as baseload and Denton's native generation would follow the daily swing in demand. Purchased energy was calculated using a constant annual 80% load factor, The difference between the total forecasted energy and the purchased energy would be served by the native generation, The annual average heat rate for native generation was assumed to be 12,000 Btu per kWh. Additional cases combining baseload NUG power and Dentcl's native generation were prepared, Because NUG contract terms are not widely published, estimates of cost can vary considerably from one contract to another, In an effort to mitigate this uncertainty, one actual NUG proposal and two generic NUG concepts were developed. As a starting point • for the generic projects, conventional costs for equipment, financing, O&M, and fuel were developed. First, a generic NUG plant was assumed to be built within the Denton service territory. Second, a similar type project was assumed to be built on the Gulf Coast. Wheeling charges from the Gulf Coast to Denton would differentiate the two prices. In both cases, the NUG was assumed to have a capital cost of approximately $650 per kW for a 50- ® Megawatt gas fired combined cycle generating plant. Assuming carrying charges for the project at 10% for 30 years, the average demand charge would be expected to be $5,70 per kW per month. An energy charge Including O&M was estimated to be $0,004 per kWh. f A fuel charge was calculated using an average annual heat rate of 10,000 Btu per kWh at ` a capacity factor of 50%. This was adjusted correspondingly for lower average capacity , 5.6 • A • Q • 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT factor as a result of following Denton's load shape. Fuel cost was assumed to be $2.26 per MMBtu, the Denton equivalent, Wheeling charges are specified by the Public Utility Commission of Texas as the sum of a k contract path charge plus an ERCOT system impact charge. The wheeling charges for the Gulf Coast case were estimated using the HL&P wheeling charge of $11.16 per kW per year for contract path. The ERCOT impact charge was calculated as $9.04 per kW per year for the HL&P-to-TU Electric transaction. ERCOT impacts were estimated using Summer-1994 load flow impacts on control centers and the published as-avallable wheeling charges of each effected ERGOT member, Actual impacts from the bus-to-bus transaction will vary somewhat from this estimate, Negative load flow impacts are not included in the calculations. Information from the QF Power Supply Proposal submitted by Destec to TMPA was used to construct the third case. Demand, energy and fuel charges as well as escalation rates were taken directly from that proposal, Denton's cost for fuel ($2.26 per MMBtu) was used in the calculation of the fuel charge, The wheeling charge used in the Gulf Coast case was applied to this case as well. r SUMMARY OF RESULTS Tables 5-B through 5-G present the results of the 15-year assessment. Power supply options are presented as a function of annual cost and average unit cost by year. The impact of the two configurations of TMPA debt Is mapped against each option over the full 15-year study period of 1995 through 2009. Both options involving the TU Electric market-based rate compare favorably with all other optio;is throughout the study period. The market-based rate only has a five-year contract term, however, adding uncertainty to the decision equation. Conversely, the existing TU Electric wholesale rate can be discarded from consideration as a full requirements option, It is more expensive than Denton's current arrangement with'IMPA, The Brazos Electric wholesale rate is only slightly more attractive. • The Native Generation Only case is the next most competitive option. It is driven largely by the expectation of repowering existing units and adding new capacity at significantly better heat rates than existing generation. These cases assume an average heat rate of 10,000 Btu/kWh over the term of the analysis. g The Combined NLTG and Native Generation options rank just below the Native Generation option. There is one exception, however. The combination of native generation with the Existing NUG - Gulf Coast project loses its Initial competitive position after the third year of the contract. High escalation factors contribute to a rapidly Increasing average unit cost. 5.7 • a • • r 15-YEAR FORECAST POWER SUPPLY OPTION ASSESSMENT By the last year of the study, only one option is more expensive. The other two NILIG Options remain competitive throughout the study period. • • ' • • S-8 S ~ • 0 • 0 • • Table 6 - A City of Denton 16-Year Expansion Plan ti f Fiscel Ysar _ _ 1996 -j _1___1 _19Y7 r`-1991 199Y 2000 ] _2001 -20Q1 If! pemandjkW) - -204,D47 - 210,178 - 2fb,6B8 22115 228,862 232,716 238,736 24,820 - ReamMaipln d 18l4 _ 30 742 31,827 32 338 y 33 172 ,028 -34,907 35 810 -a6 738 Total Capacliy Requirement 34 LL ` 236,889 - _241,iWf 247,820 ~ 254 31 WHO 267,822 - `274~54b ~ 281,858 ImLIkQ Capacity` 248,600 2ry,t 2 J880'0 - , 267,800~_287,800~ 287,800 - 287,800 O MnBpnUnit Qanackv R8UFk2 Unil S - 26,000 28 090 28,000 46,000 - 28,000 26000 - 26,000 28000 UnM4 - 69000 b9000 69,000 69000 69,000 b9,00p 59000 69000 Unl! d 1.000 - 81,0f.0 81,000 _ 81000 - 81,000 81,000 J81 000 81,000 , • Repowerod Unit1 _ 300 50,300 _ 60,300 60,300 _ 60,300 60,300 60,300 - 50,309 - Ripowered UnR 2 50,300 - 60,300 80,300 60,300 _ 60,300 60,300 --65-00' 50 300 New elmple r, cle Unk__~ - Y - - - N 41.000 41-000 ,-41 000 41,000 I o S Cycle Upgrade de - - - Now 8Imp mple Cycle - ~ To+vlAdditlonal0e~!riatlon - X78001 77,BOOL- -A77 Pil0B00.~_118800 f J118,800w _ 118_600 118800 ® J • i p - I • a • 0 • Table 5 -A ?j City of Denton 16-Year Expansion Plan Flecal Year - - 2003 2o04 - 2008 -2006 2007 2008 2008 _2010 - - - -L- - 1------1- ----I-- - 8 I, tHmand (kYiq 251271 267,780 284,471 _ 271,329 278,365 285,684 -292 BB9 200,687 Rasarw Markin at 16X - - -37 891 - 38,885 99,871 40898 41 765 - 42,838 - 43,948 b OB6 Total Capicity Requlmrni 288 981 298,464 304,142 312,029 320120 - 326,421 336,937 346,576 - Installed Cipaalty - - 257.8001-_287,800 287,850._- 338,850_338_&%_338,850 - 3388503w.-o Oenenilon Unit Caelcity Rating Unit 1 - Unit 3 - - -28000 26,000 26000 28,000 - -26,000 26,000 28,000--_-28000 UnH 4' - - J 69,000 - WOW - 58,000 69,000 69,000 69,000 - fi9,000 69 000 UnH 6 - - - 81,000 61,Ou0 ^ -81 000 81 000 - 81 000 - 81,000 81,000 81,000 - RepowmdUnit 1 50,33000 _ 50,300 60,300 -_-60,300 - 50,300 -60,300 50,300 _ 60,3W r Repporwrod Unit 2 - - 50,307 60,300 60,300 60,300 60,300 50,300 60,300 50,300 NewBlmpleeCyCIO Unk_ 41,000 41,000 Combinad Cye{e Upgmda - - 61,260 61,260 61,260 51,260 - 61,260 61,260 Now Simple Cycle - - - - - - - - 41,000 41,000 4%,000 41,000 41,000 Total AddHlonal Generation 118800 1 - 118,800- 128,860_] 1891150 68,860 - 189,9` 589 861 189,550 r P D•2 • +~a • • Table 5.0 F City of Denton Comparison of Power Supply Options Study Period 1995 through 2009 Annual Cost of Supply - Current $MM Assumes 100% TMPA Debt caw Cast Dmadodon NatlwOwwatlon 1 $44.8 846.6 $48,7 162,0 W.2 160.7 $61.6 $".1 1892 $74.0 sm $83,1 $87.0 01.0 196,5 -Ontv "i Brazoa Pmehe" 4 $6213 $64.8 $67.2 160.0 164.0 097.1 570.0 lT4.e 579.3 582.8 $67A 591.4 05A $100.8 i105.5 Only TUPurcfiwaOnty 11 sev $84,4 $67,1 170.2 174.6 Mo 01.9 W6.a $91,0 194.8 W9.6 $1040 $108.8 $11316 $119.0 TU Pvohwa Only 1s 8417 $46.0 047.4 $".6 $no $66.4 668.4 $61.4 106.3 167,9 $71.3 $74.6 $76.0 01.6 $96.2 o B Native with Brazos 25 048,2 $48.6 $60A $61.4 $679 160,1 $63,6 $67.6 671.0 176.2 179.4 033 147.6 01.9 000.5 ' Natlva with .U Purchm 28 $46,5 $60,6 sm.0 148,s 169,9 $83,0 1616 170.6 $75.1 1784 $82.7 106,7 W1A W6.4 $90.9 g~ Natlw Whh TV Purchaw 31 $42.6 $44.2 6409 i461 $60 3 $53,7 $601 $50.0 162.0 146.7 MU 171.4 $74.5 $77.7 $00.9 NotiwwhhNUO• 34 $0.1 $47,4 $49.8 0622 $60.0 01.8 1422 $66.6 $709 073,4 $77.4 $81,3 W's $0.6 W42 NWt"With NUO• 37 $40.4 $40.8 $61.2 $63.9 $67.9 $60.0 W48 0"3 0729 078.4 $W4 $84.6 $M.2 {9t8 $986 • NaUwwhhExM%NUO- 40 $0611 $4d1 $61.3 186.6 141.1 184.7 W0.1 ms s79,1 $83.6 $K1 04.3 $100.2 1 0106.3 11126 Dole ca" 43 841.8 $44,1 $40.4 $ $A 1421 U4.0 $671 $61.0 1143 146,1 1722 179,3 $"1 $0.0 W21 Weabm Coal M $416 840,2 8420 844.3 847.1 60,1 143.0 $68.2 00.0 143.6 $67.0 $71.$ 171.1 001 1828 Y O MOM • to • s l { 'w ~ Table 5-C City of Denton Comparison of Power Supply optima study Period 1996 through 2008 1 Annual Ave" Unit Cost - Current $&ft i Aaums11100% TMPA Debt Cees 2007 20M N arwo OUv4 Oenentlon 1 $0.052 10.053 $0.054 $0,067 $0,69 $0.050 $0.002 $+0,063 1"" $0.066 taint 10.073 SOM $0.476 00.07? i QnIv on IV Pwchaes 4 $0.061 40.052 $0.063 $0.064 $0.067 $0,611 $0,071 $0.072 40.076 $0.076 $0.076 $0.060 $0.002 $0.064 $0.056 i TU Pwehaee Only 11 $0,72 10.073 10,014 410,7$ 80.0% $OM $0.062 $0.064 $0.066 SMO87 $0.060 $0.091 $0,113 $0.066 $0.067 a Who &I& Asts TU PwMese Only Is $0.051 $O.OS2 $0.052 $0.053 $0.056 $0,057 1110.066 $0.060 10.062 $x063 $3064 $0,66 $0.067 $0,ba 10.069 Netlwwhharetoe 25 $0.054 $0,65 $0.066 10.067 $0.060 $0,062 10.064 $0.066 MOO 54081 $4071 10,73 $0.075 $010" $0.076 N"ve with TU Pwchese 20 $0.065 10.067 $0,66 $0,060 $0.069 $0.064 10,066 $0.066 Sa071 $0.012 $0.014 60-M Sam $0.079 $0.001 _I wholesale R&bs Netts with TU Purohaee it $0.049 $0.050 $0.051 $0.062 $0.053 SOMS $0.066 $0,067 $0.069 $0.001 140111 $0,03 $0.084 $0.066 10,00 NWw with NUO • 34 $0.062 $0,034 $0.065 $0,060 10.064 $0.010 10.082 $0.064 $40116 80.081 10,70 10.071 10,73 $0.076 $0.0ri # • Na1w with EFxi4thRV G . 37 $0.064 $0.055 54058 soma $0.061 SO.062 $0.064 10,116 $MOSS 10,070 $0.072 $0.074 $0.01f $0.076 $0,000 GUM CwM Netlw wft NU0 • 40 60.062 $0.054 $4057 $0.000 $0,064 $0.060 10.069 K071 50.07'3 $0.071 $0.000 on 10.0111 10,11 $O.092 ~ J 6►/e Caw 43 T7sooa $0.0$0 Sa0S1 $0.003 $0.065 $0.066 $0.067 $0.061 KOU 10.013 $4065 $0.070 $0,72 $0.074 10.076 Western Coal 44 $0.048 $0.040 $0.048 $0.049 10,61 $0.063 $0.065 $0.067 $0.064 Most KN3 $0,005 $0,087 $0.061 -pit • i i' • I- ea • • Table 6-D CRY of oath, Compaison of Power BLq*y OpOon9 Study PWat 1096 ftouo 2009 Annual Cost of Supply • Current $MM (1(1( Assumes 66% TMPA Debt caw NatlwOonrrOon 2 639.0 WA MU 148A 6194 $61A 6148 $61.3 W.8 $06A 170.6 $74.0 $773 4814 666.3 I Bata Pwd"w 7 64$3 111.0 161.1 16,1.7 6179 990.0 40.4 116.0 670.9 $744 4764 i129 =99.6 6101 696.6 orh TU Pwdu" Orley 14 610.9 666.1 01.0 163.0 4173 MA $743 1764 $01$ 4814 MA 191.6 6994 1100 6109.0 -2 whomook ask TU Purom" Orgy 21 837.0 839.7 841A $CA 6481 140.4 160.9 463.1 166.9 WSA 6624 USA M0.6 671.8 6769 NoM w6h On am 26 $0.4 642.6 $44,7 $0.2 4803 WU 6684 $0.7 M33 616,7 CMA $742 176.1 1622 448.6 Nat}ro whh TU Pwehn" 29 $42.7 $44.6 1483 $0.0 a" 666.9 6199 4827 148.7 MA MA $"A 601A 486.6 4693 NOW* With TUPiroha" 32. 830.9 836.6 4104 MU 4484 64$.6 $40.0 481.6 049 467.3 661.7 $126 $K3 466.2 01,1 14 tl whh NUO • 36 $39A 641A 143.0 $10.$ $0.1 6113 043 $10.0 $614 0643 16x.6 $72.2 $764 110.0 48/.3 Not" whhNUO• 30 t403 $42.9 $46.1 480 $61.1 $623 07,1 00 $643 WA 01,7 a76A $"A 611.1 $as Gulf Comm Punpho" • N&IM whh Ex W N HUG • 41 839.3 $41 14U $48.1 4813 167.7 WA 116.0 x70 7 $764 003 a$19 $617 148.6 $102.0 Gun COW PLnhow _ 6 1 • w • • r Table 5-E Cray or Denton Comparison of POWK Supply opftu Study Period I M through 2009 Annual Avaraps Unh Cost • Curwvt:J Mh Assumes 65% TMPA Debt CA" cam Im to" IM I IM 2WO 2DO2 1 2W3 2W4 2M 2M 2W7 2M 207M NkMa Oanaratlon 2 ID.046 $4016 $0.047 $0,060 10.06? 10461 IOA64 10.06! $0481 10.0W $0.083 $0.065 $DAA4 10.0" $0.069 only Beams Puftft" 7 lOOW IOA" 104" $0.061 WAW 10.061 W.O83 $04" 10.017 $0.011 WM KM $0,074 $0.071 $0.016 TU Purdwoo Only 14 Sao" $0aN 10.017 $0A" W.071 10.071 10.074 $0471 $0474 WOOD 410.811 $0.066 $OM 10.017 $0464 TUPWom"Or4 21 W014 10.045 60.046 $0.047 WAN $0.016 $0.a61 $0.052 10.064 $0.068 $0A" $0467 WOO $0.060 10.011 Natlw wit) smog 26 $0.047 KOO WON $0461 $0.011 $0464 WA" $0.a" won $0462 so m $0.0" $0417 W.a" $0.070 Not" whh TU Purchw 29 60,060 mono Km WA6$ $04" $0.067 $DAN $0.Oat mm 10.018 10.061 $0,0" 10.010 $Owl $0,012 NoOve wNh TU Purch"s 02 10.043 MM $OM4 WAN WAN $0.041 W046 $0460 $0.061 10.06$ 10.061 10.066 10.061 $0467 $0.061 Natlw whh NUO • 26 WON W.A17 $0.041 WAN WA62 $0.00.1 OM $0.0$$ KM W4s0 10.012 WA83 WA66 60.0{7 WM NAva wNh NUO • 3A 10.047 moo W.aW 10.961 so 0m Km $0.067 1aa$$ WA I 10.083 WA" $041$ 10.01$ sow Kon bubmL- r NMI" wfthEx VNUO. 41 10016 WAN $0.060 1006$ 10017 $0.011 WA11 $0O$4 $0083 10066 $0.072 10076 $0471 $0410 $0,063 s s o • • I • Table ff-F City of Dwdon Comparison of Power SUP* Options f edy Poiod 1 M twough 2009 Annual Coot of Supply - CUmeM XMM Assumes 0% TMPA Debt c.a Im im lab Iwo Not Ow Was =7 2000 NWv80wwr&dw 3 126.3 129A $31.4 134.0 $XA 136.1 6404 $42.9 1161 49A 664.1 1689 MA 163.2 686.7 1 &ama Purehm 10 MA $VA $390 942.1 844.6 64710 $46 662.4 166.3 166,4 01.7 1181 166.6 172.0 676,8 ~ TU PurMw OM7 17 $0.1 641.4 $*A 162.3 666A 967.7 660.7 963.6 967.0 970.4 974.0 977.6 961.6 166.0 9903 TUNxchaNOfd1 24 6271 12" 930.1 931.6 IMA 336.3 q71 139.2 641.3 143.6 946.9 646.3 110A X7.7 966,6 NO" with 9ruoa 27 929.7 131.3 633 6 p6A f37A 640.1 342.6 $0.2 9460 160.0 183.9 987,1 960.6 14.1 967.9 NON" wish TV Purehm 30 132.0 13318 636.7 p7A 40.3 642,9 646.6 9461 961.1 SW 967,2 160.6 W.0 WA 171.3 NWwwNhTUPumha" 33 628.6 627.7 6391 930.6 632.1 634.1 g0.6 WA $397 $4111 149.6 $MA 646.3 960.6 963.1 NO" whh NUO • 36 926.8 NOA 132.3 NO $X4 AM? 941.1 6436 1461 646.0 an 6681 1616 112.0 16617 t . NWwwithMUG - 39 129.1 931.6 133.9 136.1 936.4 140.9 MM 646.1 648.9 1620 1661 966.8 N21 616.0 110.0 T Natlw with Eaiatkp MUG - 42 929.9 631.1 134.0 MA $41.8 144A WA 961.4 166,1 166.2 MM U&I 673.f 671.6 q1.2 • w • s Table 64 City of OW40 I COMPMW. 71 Powoo supply Options shy Pw d 1 M ft"h 2ooa Annual Avemp Unk Co*. CwT&# SA(Wh Assn 0%TMPA Debt ` Gw ji~ 677: 1967 IM I IM 1 21100 1 2M 111111', 2W NWw Oawatlon 3 10.003 10004 JOAN SOM7 $0A01 00001 10.010 WA17 10.04'! WAN M.010 10.0W 10,001 60.063 10.004 Bruit PwthoN 10 MA12 10.013 10.011 10.041 MATT 10.041 WAl1 M,Obf WA62 W081 10.066 MA6T $0.OQ1 M,011 W,062 TU Purchw Only 17 10062 10.061 $0468 $0 ON 10.061 WA61 MAW MAp eao63 M416 10.017 10.016 10.0T0 11DA72 W,073 TU Pwdw" Only 24 10032 110.032 $0433 $0,001 WAN MAN W 037 W.a11 10016 WOO 10.011 NWw wllh Dram M.o12 Ohm $0.00 M,046 27 10.031 loan WW $0.016 10.010 $0441 WA42 W'~ KOO k1047 10.044 10.060 WA62 10.063 14066 NWv4 whh TU Pwhas 30 10.037 10.006 $0401 MAIL Io012 $04" W.01T 10.041 MAW IQD61 10.063 10.068 10.066 M.fdb NW" with TU PwOw" 33 "1 MA01 10.0.47 10.001 W.034 10.006 10.01 Mod" With NUO • 31 10.OOC1 $0401 7 W~ 10.031 410.0" 10.010 10.011 $040 MAq MAN MA37 MA01 $0410 "1 $040 10,044 WON NWw with NUO. N K~ $0A3d ft~ W.001 10.017 10.016 10.0M MA62 W,060 11"a KOO 10416 10440 law M.010 10411 MA13 • NW W wNh fYNdnq NU4 • 12 10003 W 036 MAN~4" WOO M 016 10066 10.067 Gulf WAW M4fi7 10.061 10.017 10.010 10.014 10.016 /0.0q I • 0 ` ~ ~rt,,aFr e as 0 e v: ~.l C Z SECTION 6 e e ltMl r • rest • SECTION 6 ENDNOTES L Burrs & McDonnell, Final Report - Pourer Supply Studyfor TMPA; December 6, 1994 2. fang Range Power Supply Study; prepared for the City of Denton by Resource Management International; Table 7.1, "Selected Gas Turbine-,enamor Statistics", p.7.2; Table 7.3, "Denton Generating Units 1,2, and 3, Repowering Options", p.7-6; October, 1993. 3. No assumptions have been made with regard to the capability (capacity and pressure) of natural gas supply lines feeding the Spencer Plant. Estimates of cat for upgrading the existing gas supply line to serve the proposed additional generation om not included. 4. Table 7.1, "Selected Gas Turbine•Gerkrator Statistics", p.7.2; Table 7.3, 'Denton Generating Units 12, and 3, Repowering OpKmv, p.7-5; Long Range Power Supply Shady; prepared by Resource Management Ink"utdonal for the City of Denton; October, 1993. • 6-1 • t1% f i ! f~,4{i ti, '1 rx.,h~" t @;! rY '~~kSL~kb~')~~.~~d 1 • • r 1 x Z n f APPENDICES 0 Rml • ~~f ~ ~ ~ y.~i r .F', . it it ~ r ~ HMV ~[Jrt.~~l:~l~~~ • p • t r APPENDIX A 15-YEAR FORECAST POWER SUPPLY OPTION - CASE STUDIES Case No. Native Generation Only 1. 100 Percent TMPA Debt . . . A-1 2. 65 Percent TMPA Debt , A-2 3. Without TMPA Debt , A-3 Brazos Purchase Only 100 Percent TMPA Debt 4. Without Sale of Spencer Units . . . . . A-4 5. With Sale of Spencer Units at $15MM A-5 6. With Sale of Spencer Units at $40MM . . . . A-6 65 Percent TMPA Debt 7. Without Sale of Spencer Units A-7 8 With Sale of Spencer Units at $15MM . . . . A-8 9. With Sale of Spencer Units at $40MM . A-9 10. Without TMPA Debt ...........................................A-10 TU Purchase Only (Wholesale Rate) 100 Percent TMPA Debt 11. Without Sale of Spencer Units , , , , , , , A-11 12. With Sale of Spencer Units at $15MM . . A-12 13. With Sale of Spencer Units M S40MM . . . . A•13 65 Percent TMPA Debt 14. Without Sale of Spencer Units , , . A-14 15. With Sale of Spencer Units at $15MM . . . . . . . . A-15 16. With Sale of Spencer Units at $40MIA . . . A-16 17. Without TMPA Debt ...........................................A-17 TU Purchase Only (Competitive Rate) 100 Percent TMPA Debt 18. Without Sale of Spencer Units . A-18 19. With Sale of Spencer Units at$15N1M .........................A-19 20- With Sale of Spencer Units at $40MM , A-20 65 Percent TMPA Debt • 21. Without Sale of Spencer Units . . . . A-21 a 22. With Sale of Spencer Units at $15MM . . . . . . A-22 23. With Sale of Spencer Units at$40MM .........................A-23 ` 24, Without TMPA Debt A-24 1 I I • tQ • Native Generation with Brazos Purchase 25. 100 Percent TMPA Debt A-25 26. 65 Percent TMPA Debt A-26 27, Without TWA Debt ...........................................A-27 Native Generation with TU Purchase (Wholesale Rate) 28. 100 Percent TMPA Debt . 1 . A-28 29. 65 Percent TMPA Debt A-29 30. Without TMPA Debt ...........................................A-30 Native Generation with TU Purchase (Competitive Rate) 31. 100 Percent TWA Debt . A-31 32. 65 Percent TMPA Debt A-32 33. Without TMPA Debt A-33 Native Generation with NUG Purchase (Denton Area) 34. 100 Percent TMPA Debt . A-34 35. 65 Percent TMPA Debt A-35 36. Without TWA Debt ...........................................A-36 Native Generation with NUG Purchase (Gulf Coast Area) 37. 100 Percent TMPA Debt . . . A-37 38. 65 Percent TMPA Debt A-38 39. Without TMPA Debt A-39 Native Generation with Existing NUG Purchase (Gulf Coast Area) 40. 100 Percent TMPA Debt . . . . A-40 41. 65 Percent TMPA Debt A41 42. WithoutTMPA Debt ..A-42 i 43. TMPA Supply Base Case A-43 44. TMPA Supply Western Coal Case A-44 • OJ ~.-.w~...~.w~. 1' ♦ rM~'rwa+In~I~iW ll"iF OY M^ ~ p~ • • • Cam I NoM 4lorlota8on or* cry of Dentin 100 Pemord TMPA Dob1.14MM Belo of spot" ur ib 1996 1086 1897 Ion 1999 2000 2001 2002 2003 2004 2006 2(176 2007 20M 2729 BaooMM) 861,760 683,786 906.600 929,870 953,666 976,616 1.03,633 1,029,636 1,066,643 I,063,940 1,112,046 1,140,66,5 1,170,470 1,200,622 1231,960 DobnNF.L-Arbme4Ho(MM) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DeMcn f+oel • Bar 201.6 206.7 212,1 217,6 223.1 2281 234.6 240.8 2472 263,6 200,1 266.9 273.8 280.9 288.2 Donlon Peak -mWasr(MV~ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 OA 0.0 00 AvonpoLOWFodor-Bass 48.6% 465% 46.8% 481% 48.8% 48.8% 46.6% 48.6% 48.0% 46.8% 46.8% 48.6% 461% 40.6% 48.904 AY WAge Laid Fador • AIbm to 0,0% QO% 0.0% 010% O.% 0.0% 0.0% 0.0% 0.0% 0.0% 0.074 O,OY> 00% 0.7L 0.04/6 TMPADobtSwvbo(9) 18,617 1~,W 17,303 171,680 19,662 20,142 21,193 22261 23,976 24,378 26,444 20100 27,033 27,796 28,632 Dior CapwAy (Ow" 216.6 216.6 246.6 267.6 267.6 267.0 2070 2978 287,6 287.9 336.6 338.9 $*a 336.9 338.9 Hod PAM (86+x) 10,000 10,000 10,000 10,000 10,000 10,000 1o,00o 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 ; Donlon "OABW) 226 2.36 2.44 264 204 276 266 2.97 3.09 322 136 3.48 3.82 3.76 3.81 Donlon VwWo 06M (nU%V 1) 4400 4.12 4.24 4,37 4.60 4.64 4.78 442 6.07 622 6.36 5.64 6.70 6.87 6.06 ~ Do*nRed06M($) 1,000 1,020 1,040 1,001 1,062 11104 1,126 1,146 11172 1,196 1,219 1146 1200 1,284 1,319 Donlon Dobt9aMo(5) 4,344 4,344 4,344 6,010 01010 0,010 61010 61010 6,010 7,680 SAM Q666 91688 9,868 PAM Donlon 661,780 869,760 900,603 929,070 MAN 978,618 1,003,833 1,29,636 1AW,643 t,0e8,940 1,112,046 1,140.666 1,170,470 1,200,622 1,231,960 Ban NFL 861,780 663,760 906,603 929,670 961,666 878,616 1,003,837 1,029,836 1,068,643 1,063,940 1,112.46 1,140,666 1,170,470 1200,622 1,231,960 i O ,ea~uCT1~ ~T:91rn-soot TMPADoM9oMm 1e617 16,993 17300 17,860 19,662 20,142 21,193 22281 23,976 241376 28,444 26,200 27,000 27,798 26,692 Donbn9Wgy 19,478 20,772 22,169 WAN 26,219 20,908 26,708 30M Wn 34,667 372fp 391660 42,661 46,186 48,214 DWWO&M 4,447 4,881 4,007 6,12e 61877 6.042 6.0el 0116 6,625 602 71197 7,880 7,913 8,347 6,773 Donlon DeM Borvfoo 4,344 4,344 4,344 6,010 0,010 6,010 6010 8.10 6,010 7,800 9,866 9,666 9,668 9,668 9,66e TOW BemCool 44,764 46,770 46.890 61,636 60,166 MAN WAS 66,113 09,190 731976 79,808 8.3,122 88,803 901999 91286 Cootp"MWh 61.97 6292 63,72 66.86 M.87 69,99 61.89 0321 06,19 0826 71AO 72.86 7482 76.78 77.34 O • Ina9mmIn OW pwMWh 1.8% 1.8% 5.4% 4.0% 1.9% 27% 2.?% 3.0% 42% 4.6% 1.9% 2.0% 210% 2.1% i A•I i • 4;iJ • 0 Cew 2 Ndo Gwars6an O19y C8y of Donlon 05 Pecotnt TMPA Dab1.14WW SA of l3penoar Unlit 1906 1906 1997 1996 1909 2000 2001 2002 2000 2004 2005 2006 2007 2005 2009 Denl~bnNEL BeNMM) 661,7E0 663,766 900,503M.870 063,666 976,6f6 1,009630 1,029,636 1,066,84) 1,063,040 1,112,046 1,140,666 1,170,470 1-00,822 1,231,960 Dtnbn NCI. • M m*A (MM) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Domon Ptak • Bow (MNr) 201.6 200.7 212.1 217,6 27).1 226.0 234,6 240.9 2412 2634 260,1 268.9 273.6 2601 2802 Denton Pak • Aibm "(MM 0.0 0.0 OA 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 Avaa9a Load Faobr • Baw 46.9% 48.6% 466% 481% 464% 46.6% 461% 4816% 40.6% 48.8% '401% 48.8% 404% 404% 46.6% A"A U)sd Fsdx • AIMm M 0.0% 04% 010% 0.0% 0.9% 0.0% 010% 0.0% 0.0% 0.0% 0.0% OA% OA% 0.0% 0.09. TMPADoMSwvoa(1) 10,736 11,046 11,247 11,000 IA700 13,002 13,778 14,470 18666 16016 18,630 11,039 17,071 16,000 18,511 DwAmCapadty(k4W) 240.6 246,6 246.0 207,0 267.6 267,6 268.0 297A 267.6 26'7.9 336,0 030.9 930,9 330,9 336.9 Donlon Host Pat ( k*M) 10,000 10,000 10,000 10,000 10,000 10,000 WOOD 10,000 10,000 10.000 10,000 10,000 10,000 10,000 10,000 Denton Full(04AMM) 226 2.36 2.44 264 264 278 266 2.07 30 3.71 3136 $A6 3.62 3176 3.01 k. Vwkib OAM(rtila9(IYn) 4A0 4,12 424 4.37 4,00 444 4.76 4.92 6.07 622 6.96 6.04 6,70 6.67 6.08 DeMonFladO&M(6) 1,000 1,020 1,040 1,061 1,062 1,104 1,120 1,140 1,172 1,196 1,219 1" 100 1,204 1,319 Dentin Debt Barvlos 4,314 4,341 4,344 6,010 6,010 6,010 6,010 6,010 6,010 7,000 9,666 91606 91066 9,666 8,966 Donlon 861,700 84760 906,603 929,670 963,800 079,616 1,000,693 1,029,630 1,060,646 1,093,010 1,112,080 1,140,996 1,170,470 1200,692 1,231,960 time NEL 661,100 663,766 MAW 929,670 953,066 976,616 1,003,693 1,029,0'2 1,06043 1,093,940 1,112,040 1,14006 1,170,470 1200,922 1,231,000 i • TMPADsWBervka 101736 11,019 11,217 11,600 12,700 13,002 13,776 14,470 16,696 16616 10,639 17,032 17471 16,000 18,011 Dwobrt DwW 19.470 20,772 22,169 23,839 26,219 26,906 20,706 30,997 A2,679 34,907 37209 30M 42,361 18,196 46,214 DanbnO&M 4,447 061 4,667 5,126 64" 6,602 6,921 6,216 6,626 6,962 7,197 7,990 7,9689 0,317 6,773 Donlon DWASmka 4,3W 4,344 4,344 6,010 6,010 6,010 6.910 6,010 6,010 71800 9,096 9,690 9,066 9009 91666 Tow Saw cost 39,003 40AM 42,697 46,304 49,314 51,610 64,411 67,322 601790 06,446 70,600 73,061 77AW 01,270 86,268 • 0MporMWA 46,20 49.19 47.03 40.00 61,70 8278 8110 6646 6761 6939 We 04,62 9024 07.00 69.21 no inCoNperMM 21% 1.0% 6.1% 3.4% 21% 27% 271% 8.4% 419% 62% 21% 2lR 22% 2.36A • A•2 • 430 • NOIv0 0wwObn OM! city of Donlon Cow 8 W*vA 7wpA Dow • W16wA S4M d t3pw10w LVAs j 1996 1908 1097 1998 Iwo 2000 2001 2002 2003 2004 2006 2000 2007 2006 2009 i ®SmMWh1'681,760 683,766 908,603 029,870 MAN 978,618 1,003,653 1,029,836 1,056,643 1,063,940 7,112,048 1,140,966 1,170,470 1,200,822 1,231,D60 O4Mon NEL • AM'meMN (M ) 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 Donlon P6*.Bsr472 1 2016 200.7 MA 217,6 7251 226.9 234.8 240.9 247.2 263,6 280,1 266,9 2738 280.9 2802 Donlon Po6lt•A%mdw(IAHq 0.0 0.0 OA 0.0 0.0 0.0 OA 010 0.0 OA 0.0 0.0 0.0 0.0 00 E AvmpLoWFwW-Ban 46876 46.8% 48.8% 48.8% 46654 48.8% 46.8% 484'/0 46.8% 48% 48.8% 48.9% 481% 4886/. 46,a% AverigeLoadFo*f•A1Mm41k4 0.0'/. 0.0% 0.0% 0.(A 0.0% 0.0% 0.0% 0.0% 0. V/1 0.04/. 0.0% 0,0% 0.0% 0.0% 0.0% TMPA D4M S4Ma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2486 248.6 248.8 287,6 297.8 267.8 297.6 287.6 267.6 297.9 838.9 338.9 318.9 338.0 338.8 Donlon1Ue li(13k+4mh) 1n,000 10,000 10,000 lo,ow IO,ow 10,000 10,000 10.000 lo,0oo 10,000 10,0oo 10,000 10,000 10,000 10,000 Donlon Fusi (L ^ft) 2.28 2.35 2.44 2.54 2.72 2.76 298 297 3.09 322 3.36 3,46 362 336 391 Donlon V U&M (mI MVeh) 4,00 4.12 424 4.37 4.50 072 4.76 4.92 6.07 6.22 6.98 6.54 6.70 6.07 8,05 DwslonFlood 06M(0) 1,000 11020 1,040 1,081 1,062 1,104 1,128 1,149 1,172 1,196 1,279 1,243 1,268 1,294 1,310 Donlon D4M Sor" (f) 4,344 4,344 4,341 8,010 6,010 6,010 8,010 6,010 6,010 7,880 9,666 9,666 91868 D,666 9,668 Ow14on 861,760 6110,760 006,601 929,670 953,966 978,616 1,003,633 1,029,838 1,066,643 1,083.40 1,112,048 1,140.98 1,170,470 1,200,822 1,231,960 O&W NEL 661,780 863,768 906,603 029,870 963,696 978,616 1,003,803 1,029,639 1,066,643 1,003.90 1,112,048 1,140,666 1,170,470 1,200,622 1,231080 pg00 1rr ON 0097 • Be44. M TMPA DO S*rV" 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 D4nbnEnwgy 19,476 20,772 72,160 23,630 26210 26,006 20,706 30,627 32,879 34,687 3702 30,M 42,381 46,168 48,21, Dw1M06M 4,447 4,891 4,887 6,126 6,37'7 8,812 6,021 6,216 026 6.62 7,197 7,660 7,043 0,347 6,.73 Donlon D4MSwvk* 4,344 4,344 4,341 6,010 8,010 6,070 elmo 6.010 Colo 7.80 0,698 0,668 9,666 9,666 9,888 ToedBa4C49 26,287 20,777 31,300 34,774 36,806 30867 40AN 42,662 40213 40,100 64,064 MAI 60.961 63,201 86.51 e COd Pw MWh 3260 33,69 34,63 37.40 36.66 30,40 WAS 41 Al 42,70 476 48.02 ON 6123 6263 64.10 kw om in 0041 per MWh 277E 2.6% 8.0% 2.8% 27% 27% 20% 2.0% 61% 6.214 2.6% 2.7% 2,7% 2.8% e s A3 • b s • s Con 4 h44a F1dd1n4 01* «YMDw1aH , IOOAwatmPA DIN•WOP WS1U 4fAPw"t11► 1 4486 100$ 1647 1641 fON 3000 2001 200} =000 001 2006 1001 2007 2001 2001 DNFm M•l~e4lM1 N 641-700 N3,7N MIA" 10070 MAN 07r ON 1AOM IMN1 1,064.843 tANAW 1,112,00 1,140,106 (,170,470 1200,RM 1 DaNm NM• Aft"EM(h" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dwbn Ptaak•lra pt) 2016 264.7 2171 317.8 223,1 2NA MA 264.0 3472 MA 210.1 2NA MA 640.9 202 Dw10n Paao• A%Rw" 4W1 OA 0.0 OA 04 0.0 OA 0.0 0.0 OA 0.0 OA 0.0 0.0 OA 0.0 Avwapl Lad Filar ona 49^ 01% 400% 4$A% 40A% 48A% 401% NJ% 401% 41A% 41A% 40A% 401% 468% 41A% Arwtp4 LOW FkW A$asfo4 0.0% OA% 0,0% 00% 0.0% OA% OA% 0.0% OA% OVA 0.0% 0.0% OA% 04% 0.0% TWADOWIwo 11A17 ISAN 11.807 1700 1!.8.82 20,642 21,193 NO 2V" 24.81$ 26A44 NA03 "M 27,764 N)W DN40e coo* 6,64) 10.0 164,0 104 10.0 10.0 IWO 10A INA 10.0 }NA 10.0 10.0 10A 1NA 1NA Dw11onl4ar F1d4 12.800 12.800 12640 12AM 12,000 t2A00 12AM 13,000 12,000 12.800 12.800 12,000 12000 18000 12000 DOnalFwlOAOANbd) 221 226 Im 2A4 264 271 264 217 3.0 324 $26 $AI to 3.70 $At drat Hlad0rM07AW) OAO 040 0A0 00 0.00 0,00 0.00 040 0.00 OAO 040 0.00 oho 0,00 0.00 Ow$00 DWA Iw4l04m 0 a 0 0 0 0 0 a 0 0 0 0 0 0 0 690 Da1nridcoll's O&WOM) 021 040 all COO 1.711 111 7.0 7.10 7M 1A6 70 1.76 1A4 6.10 ON Koo DamaM0+/ 01 Poo ("W. ON 6417 "I SAO 2.64 am am 1414 0.10 ON OAI $A4 4W 6,64 $A4 BEPoFam"ory►(Mw4wn 1A$ IN 1A6 IA 1.72 1.41 1,79 1A 148 110 1.64 IN to 210 aq R#VM OA084 *am 0.0010 OAON OAON OAt" 0.810 amo 04111 04II4 am" a" Mal 041$1 OA130 woFrwWoM/t(Mtw 0.010 amil OA001 OAM OA20 on" OA201 OA0% OA00 0.0061 Mw DAM DAM OA284 am B O A&WW r0tfP0)011MT) 0.0193 0:014 04100 0.0„481 00" 0.0m OAS OAS 0.030 OAS 0.0w pA3 OAm OAm 0. w KPO T1.w dembm 000 0.0 446 O VD 0.00 0 o 0.00 Om Om Ox 046 OAO 040 0.00 MOD ErFA3iy 1011aCF~. 1140, D.d1n -0 0 0 0 0 0 0 o e o 0 0 0 0 0 am N1.7N "31811 00.803 931#70 MAN 07861$ IA"A33 1,029,101 1,001,53 Im"" 1,112,00 1,140A N. t,17OA70 IA70,642 1.21,110 17ra"a. 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(W/) 201,0 201.7 219.1 2171 973.1 2101 2"A 210.1 2472 40.1 M.1 2003 2717.f 261 2002 Dw1OmFwik•ANwrm ,>t(I," OA OA 04 0.0 0.0 CA 0.0 0.0 0,0 PA OA O.0 OA O.0 O.O AVMV LOW FWw• MOW 48l% 481% 401% 46,6% 401% 46.4% 48.6% 484% 41.0% 46.0% 480% 403% 464% 40% 46D% ~ Avwg1116d Fados - Akm*m 0.0% 00% OA% OA% 0.0% 0.0% OVA 0,0% 00% OA% 0.0% 00% 0.0% 00% 0^ TWA 008w*6M 1031 IIAN IIAV 11,800 12,700 1308 13,726 14AT0 16,66 16011 10,621 17,0!2 17„671 144" 18,811 DWW the M1M( WA" 12,0000 119,000 11$00 MOM 112,000 14,00 MAW 19,000 14,Of0 12,000 MOOO 12.000 ikow 112,000 1200 Dwnn Pww OAOMO 2,211 2.x f,44 214 244 276 tN 947 3.00 029 376 3,46 0A2 0176 031 00MFIN11041411814W) OAO 0.00 0,00 OAO 040 OA7 0.00 0.00 0.00 OAO 0.00 0.00 CAD 040 0.00 Dw1wi DmM I pry 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 TU0KwWCtgPA* tMVfno) 16.10 16A0 16.71 1109 1821 1411 17.01 17,36 17A1 It" 18,41 10,77 16.16 16.03 1804 TUDwfwdcN01Pmkp$Av me) Mal 11.01 19A1 1209 1267 14M 1307 13.34 1340 NM Will 1404 1479 16.00 16.00 TU FPM 04"" 0.0181 0010 CAM 0.010 CAM 0402" 049% 0.0713 Ms OA96 0643 OA810 CAN (I,0008 OJW4 TVEMWCENfptlA" 00003 0001 00011 010006 CAM OAON OOON OAO44 OAON (IAON 0.0044 CAM OA67 COW OAM tru wwoodete" 6 M) 04001 h 0.00074 0,00070 0.90010 CAW 0.00010 CAM OCCOW OCOM CAM CAM O,000N OA01N 0.00100 0.00100 TUD M "Cfp(8fro) 616 626 638 647 007 600 NO 006 00 118 008 "0 003 16 86 EtAfFKiY 000F1CE8 • -M, WPM D~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TU 061,760 883,700 001,603 09o$m 063,816 078,616 Imo33 I'M, 1,064" LOOM I,7t9AN 1,140,116 1,I"A10 1,200,679 IMjW aew ra. 61,76 003,766 906,603 ONA70 063.001 078,616 I.mo.m 1,090,63/ 1,0".04T Imm 1,112,00 I,140AN 1,170.070 120,2C 1,231A00 • "~4a4L•!Ml~. n VA DIN&VOW 10,781 11,00 11,247 11,101 12,700 17,002 13,776 14,70 tow tams 141104 17.031 17,P71 I"" 18,811 D~Erww O O 0 0 0 0 0 0 0 0 0 0 0 0 0 D~CAM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ® MDOI. - Ct p6 20,077 AM 24AT0 20,137 31018 32,004 34,170 36,704 VAN 30,163 40,800 42AN M,IM MMI 40,144 • TUEr^wawp "44 3,004 3,114 3,363 3,848 31743 3AN 4,180 4A17 4,67 4AN 6,404 0007 6,618 8,100 Tu Powvedoctiwp 616 60 w 726 767 810 w No 001 I,Oto t,07 1,IN Lt89 LNO fxI TU F.W Mph 16,602 14AN 17AM 104" 1fA6 20,804 71.061 99At$ 26018 NAN 27,010 "A" 646 MAX 701716 T170vwMiw Cfiwp 1 6 4 7 7 7 7 7 7 7 8 ♦ / 1 It TOWamcam 86,870 60A38 11,002 43,118 17,004 70,"1 74AM 78.042 KM N9y3 KW 9404 #A% 104664 10/}00 1. 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OMAN 024,670 O NAM 6NA14 I,OO,aO 1,0040 IMA41 1.013AM 1,112,41 I,l4oAa 1,t?OAT0 Ixom 1091A D dl TMpA DW 6vNn 10,701 11,60 11,147 11,600 12,700 1300 10,7'16 14,170 16Aoo 16AU 18,6'11 17,012 ITAT1 10,00 tt.611 Dvbn &W* 0 0 O O 0 0 0 0 O 0 0 0 0 4 O Dvaen D6AI 0 0 0 0 0 0 0 0 Dv1on 04n B"" 14.1 f1) 14.1101 14.110 (4,lt% 14,1110 0,110 H,I1% H,1141 14,110 (4,111) 14.111) 4411% 14,1* 14,11% 14,110) . 0 TUDwim Ch m 26,077 27A3 MAI$ "An OtAtt SUN 04.•71 01,70 STAN OO,W 40AN 49,N1 44,71 NAa 40.w TU ftWC6mC+r~.; 200 0,001 01174 0,W 9,014 0,41 "a 4,141 4A 17 4.017 4AN 6,212 6,07 6" 1,141 TU1bMf C4fA qi oft m It7 771 717 610 on No fu I,01U Iw Ill" 1,10 1,010 1,101 TU"awoo 16,02 14,40 ITAM mw 1604" 20,61 91,17 22'14 94,210 US" 97000 Sts" 00,1" 31AM 02,716 TIJ OWO fMrO" 6 4 6 1 7 IF 1 7 1 7 0 1 t 0 4 Taw mill cow 61181 64,92O 0,14 66,704 441,0 60,79! 70,041 74,121 70AN aR oo4 ",441 ",790 K"I "AM IMAN coop+7A1Mi ".M ' 6101 02.70 6441 M.a N1/ 70.01 7IA1 74 AI nAO 77.74 I#At $(A$ 6120 0.10 ar0 It Cat pr mm 904% 21% 204% 0.0% 9.O% 904% 27% 12% 2.0101, 2t% 22% 9.O% 204% 0.11 0 • Qa • • CAN I? ~ NPrAew6 t116f NY) 01/04 o 11*1w111 TWAOM 1 10.% 1004 1007 IN/ 1101 2000 2001 2002 2000 2001 2006 2006 2007 2000 2009 Delft M& •Owr OlM6 001,700 043,704 OMAM 490ATJ 963!104 /12.616 1,000,100 1,020036 1.061,613 4.040,940 1,142,011 1,110.016 1,110.070 4,260.092 1,231.060 DOW MEL•AkMI"VIAA} 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 brash Prl• 9uw PAM 201.6 201.7 21211 2173 MA =A 2011 2401 9411 263A 210,1 201 273.11 MA 2001 Orlon M/1•AfnnOnpllNry 0.0 0A 0.0 0.0 0.0 OA 0.0 0.0 0.0 OA OA 0.0 0.0 0.0 0.0 Awopw L*M FwAr•16ww *A% 11.1% 411% 12314 12,1% 41A% 44A% "A% 4809 40.6% 11.1% 12.0% 404% A6.A,% Ifl% Avrwpw Loki ryMr• AftmWw 04% 00% OA% O.O1G 0.0% OAK OA% 0.0% 0.0% 0.0% 04% 0.0% 04% OA% OO% -3rA Dw q" * m 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 D6ft 00111 W 100.0 INA 100.0 101.0 1NA IMA 110.0 100.0 took 1$$0 104.0 110A 160.0 INA 100.0 Do ON Hod 71th mkwm" 12,000 1$000 MOOO 12,000 12,000 14M 12,000 12,000 12,000 12AOO 12,007 12 w 12.000 12,000 12AM Doom Fmt)14101l1A 211 236 212 231 112 2.76 1.N 047 2.09 312 3.36 312 3.02 3.70 341 Dr1rl PmdO M(64M~j 0,0 0.00 0.00 0.00 040 000 0,00 600 0.00 Ow 010 0.00 0.00 COO 0.00 Dr6O0 D* ft m 0 0 0 0 0 0 0 O O 0 0 0 0 O 0 NDvn- 0NPoA*KWfm) 16,10 1640 16.71 14,09 4641 4617 17.01 17.36 17.0 11.06 1841 14.77 11,16 1033 12.02 Tuou i Qp08PW(pA*M) 1111 }L4 1!01 t2A2 1217 1212 13" 13.31 1310 13.00 14.16 14M 14',2 16.02 16.02 N Fm Ohs"Mp Omit OAIN Omm OA7N 0404 AMC 04014 CAM 0.0204 CAN Dad 0.0260 CAN CON 0.0214 TJ F.WN 0101pw 16404.06 CAM 640% CAN OAS 0,0027 CAM CAM 0.0441 440,12 OAM3 CAM OOON 04047 0" 00060 NMrw ooochp/{6" 00071 0,00071 0.WN 040070 040060 OMM OAOON CAM DAM 0.0000.1 040000 0.00004 0.00102 0.00101 0.00101 TU Cuo"m CAp (om) 618 628 830 6p 127 040 ON 049 NO 046 NO MO 123 ON NO DrOen 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 N 181,760 N3y66 e-A,4 3 9MA10 N3A00 174,811 1,003,830 1421030 1,004,613 I'Mmo 1,112,040 1,140,40 1,1)0,170 1,200,872 t,231,N0 e. Be" tEL 961,710 113,758 M6AM 020170 MAN 9M,610 14M,0.73 1,02000 1,014}13 1,040040 1,112,010 1.110.06 1,170470 1200871 1 000 7 TWA DsM So 0 0 0 0 J 0 0 0 0 0 0 0 0 0 0 0~&W17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I Duff OAM 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 N Dwlnw4 Mip 21.077 27,200 2o,611 NAV 31,216 34112 31,171 KM WAS 301163 40M 400 44070 40AN 0,10 d TV &"ctwpw 2812 OA04 3,114 3AM 30U 3,743 JAN 4,110 4417 4017 4,040 1,210 607 6011 6,112 • /UAO1w OMCPWF 044 NO 007 770 M 840 104 ON 104 1010 4011 MOO 1,160 100 1031 N pat opw 16019 t4AN 17AW 16,34 11AM 2004 91"1 two 4.916 MAN vim 26073 30,194 VAN 3o,711 Tu oAw ctm w 4 6 6 1 1 7 7 IF 7 7 1 . 1 6 6 6 TOMft"C40 46,136 41.304 AM 67.301 4AN 40,740 N,6M 40,772 17,00 MAV MAN 17AM 11,T70 "An 60016 CM pwr PAM 62.37 • me 419 us WA, 00.00 NM it" "A 44.04 *AT 0490 04X7 71,N 7334 010 e6ww M Col pw MM 2A% 2.4% 9A% 2A% 24% 2A% 61% 24% 0.4% 9A% 2A% 0A% 01% 0.6% A17 • • • coo Is 7UPrdr 01* WPWM Mq cyalo~ I go hro0nt TWA DW • MW Ada M 67r10rlMAa r~••--~f 1666 1006 1711 logo 17W 2000 4001 1002 2000 2061 2006 2000 2007 2000 2009 ow~JSw 0Aw10 061,700 003,760 WCAO0 MA" OMAM 071111o 1100" COSAM 11014" 1,013,600 1,111.04/ 1,060,616 1,170470 1AOOA223 1Z IA0O pr4n4EL•Aleffim a01NrN 0 0 0 0 0 0 0 O 0 0 0 0 0 6 0 00401 PaO -sww MIA 201.7 2121 217,6 241.1 92" 234A 104 213! MA 60.1 ma MA 0601 2002 Darlon POrk• ANWASM W OA OA 0.0 0.0 0.0 OA 0.0 01 OA 0.0 0.0 OA OA 0.0 0.0 IwrOprladFmW-9rw 464% 464% 0^ 4Oh% 464% 464% 40.6% 44,014 460% OA% 061% 40A% 4SA% 461% QA% AYOWOLOOd POdw•Ahomalra 0.006 OAS: 00% 0.0% 00% 60% OA% 0.0% 00% 901% 04% OAK 04% OA% OA% TWADWSWI M IsAn I$Aw rrw.O 17A60 11AN 20,062 2r,170 29,206 25X74 2190 06444 2000 VAM 27M wim f DOrW 040*IWV1 1ogA IWA INA 106.0 IMA 10.0 INA 106.0 1WA IWA logic 10.0 100.0 116.0 100.0 E CoftHIdFMM1PAWO low 12,600 12,000 12.000 12,000 12.00 12,000 12,600 $400 12490 12,600 1;000 12,600 12,600 12,000 Drip Farr p14,6l34 291 216 241 244 2.06 275 2.00 247 140 172 1.26 141 3.40 1.76 311 [wmft OO6mo" 0.00 040 Ox 040 090 0,00 0.00 OAO 0.00 040 0100 0.00 040 0100 0.00 Owft DIM Ana 071 0 0 0 0 0 0 O 0 0 O 0 0 0 0 0 TUC*. Ctippeo 41Wino) ?A1 1.06 441 MAO 4.1) 476 4.51 4,42 441 440 4.0 471 4.W MAO 641 TUDar, - *Q01p**A wow) 3AT 143 441 4AO 4.17 496 4,34 4,42 4Al 4AO 40 4.70 440 4,00 6A7 TUAMC/p"" 0.0101 MOM Will OA1og 04201 04210 Mmie OAOM OHMS 040t 0.0010 OWN OWN OMW 0.0074 TU1rwwOlrpa)M" SD 077 04130 OA006 0.000 000 OAO13 04044 04006 0.0067 O.OOM OAMO 0401 SAOW OOM4 OAOM TUPow omoadg6I o&" 0.00071 0.00074 0.00070 OXPVS 040060 0.00001 0.00006 0,60006 O.OOMD OA0013 0,66600 0.00006 0,60100 0.00106 000101 TUQ4bnw CN MO) 406 413 411 430 401 067 406 400 476 464 404 601 614 421 611 Owdon 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 011,710 161,7" WOO mom OMAN o74AIS 1.04030 1AMAS6 1.O66A0 1,013,140 11112,040 1,140.606 1170,470 1,200,601 1ZT1AW Sra KIM 001.700 60,761 000AW O26A7O 00.00 OMAII OMAN 1020AM 1066.64 1013.00 1.112.00 1,WAM 1170470 IXOA62 IA?IAW • wloouc7tinooeT•6r..looo I TAAM M18rNo► 14,617 low 17,100 17AW 11AM 20,14t tl,113 2w, s 23074 24,606 06444 MAN 27,631 V.7041 MAX Doff Erne 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 DOAn 06M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • TUDO a ohm 7,716 6,122 SAW SAM SAM 71721 0,106 IOAW 11141 11AP 11AO6 12,710 ISA7O 13,01 06A41 TV a" ?,106 SAM SAM 5,700 SA72 4,10 401 4AW 4AA0 AAU SAO. SAO 61116 O,M6 6,060 TU"OOMC1w1a 644 106 017 726 107 010 111 106 744 1,610 1,613 I'M 1,112 1,620 1,607 TU AW 011096 16,09 1108 17Ago 11.906 17,114 20A24 2107 22.Y6 91,616 MAW 2740 MATS 30111 31AW 13.710 TU DAk rwc wOa 6 S 6 6 5 6 1 1 6 4 0 0 6 4 4 Taw New 0*9 43A67 46.IOt 4700 40.94 93M MAIO MAW O1AM MAW VAN ?IAN RAW 77AM SLAW 06,021 Corpr W* 6006 601 6294 8.37 MA1 WAS 16.06 am of70 aW 01,11 1640 WAt 4741 0617 haMN h Car par WlM 1A% 1.4% 1.0% 4914 1A% 27% t./% MA, IA% 24% IA% 20% 10% 1A% SSi 7 A40 • • I • TU P46d1814 aM 10 p ish 004! clya tlr8411 too F'81ar17M~A tNq • Wrl06Y a 4prler IA11/r 61 wal,+ i9M 1006 low 1001 INC 2000 9001 2009 no 2001 10M 2006 2007 2000 2000 Oran 1EL • A4Yrt~0, AYN~) 001,763 863,700 106,60 029' 0 MAN 87/,610 1000,633 I,C09A0 1.010.64! 1,D63,µ0 1,1t9,01o 1.110 1,170,470 1200,102 12)IA40 DowPO* R4Wj 1014 201.7 9121 9174 213,1 DM°n r'NM 2280 2X4 900.9 9172 9$3A 210.1 2009 2700 2630 2001 'AY "WnM++ AAM') 04 0.0 OA 0.0 O.D 0.0 0.0 0.0 OA OA 0.0 0.0 OA 0,0 0.0 Arrp Lead Faar•6nw 401% 412% 410% 464% 46,1% 404% 404% 40,4% 4OJ% 40^ 40A% 40.0% 44,0% 46A% 411% ! Avwq LOW FmW- Ahwro 4 0.0% 00% OA% 00% 0.0% 0.0% OA% 0.0% 0.0% 0.0% o.o% 0.0% OA% 00% 6.0% T1Aom SION m 14A77 14063 17,900 17A1o IBM 20,149 21,110 29211 23" 24.378 26444 21263 27,000 27fl1 20,92 ~ bolm~ w 100.0 104 10A WA 1".0 IMA INC 100.0 1411 140A 10.0 161.0 1600 160.0 140.0 06 Ho ~NyMI 12040 12,000 12.000 12,000 12,000 t2ow 12000 11,000 12000 19,400 12.000 12,000 12,000 WOO 0 19000 1 RAN 228 216 204 9A4 200 275 200 207 2.09 922 0.06 308 2.62 0.74 041 I{ ~ ~ 1 Om 0,00 0.00 0.00 0.00 0.00 0.50 0.00 0.00 o.oo 0.00 0011 0.00 am 0.00 TIJDm - CtIppo*"W-m 026 920 4.01 4100 4.17 426 444 4A2 4A} 440 4.00 4,70 4,01 4.00 6.01 3 TLIDO nICN co Pw*("-m 3A6 3A0 4,01 440 4.17 426 4.00 4A2 441 400 4.00 4,79 421 4.00 6.01 TUFLV(CNW N 0.01111 041" 0.0100 0.0110 0.0904 0.0110 00011 CAM oo221 CAM 0.094 CAM O.OM4 OA01► 0 074 ?""W0A110/(6" !0.0007 09600 00000 00040 4464 COW 0,0044 CAM CAW O.OW CAW o.0061 obw CAM 0.0061 Nhwv ~wpwo'ry 0.0001 0AW4 0,00076 O,DOM 0.00000 CAM 000014 OAO0811 ama00 0.00040 0 00 .046 400010 090164 0.00106 0.00101 410 421 400 490 447 401 416 476 400 404 604 614 001 am O 0 0 0 0 0 6 0 0 0 N 061.700 WIN 90OAO0 029070 MASS 070,616 1' 1o" 1,0"A01 1,061)613 IA$3040 1.112,046 1,140,800 1117OA70 1.200.a# 1201040 Ow lEl. 081,700 067.764 90800) MOM M,008 078,618 1,003,63) 1.021.9}1 I-MA43 1,063,40 1,112,00 1,140000 I,170,470 1206822 1231,060 • TWA d0194rw 10,517 14010 17,303 17010 19,662 20,149 21,19) 22,.001 23,070 24,370 26,444 94203 27.003 277" 28.4)2 af~ew 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 D4r*m awl 6544 (IA") OA" (IA44) (1,544) OA44) (1,644) (IA") (1400) (IA") II O Tu Dw do" 7,740 8,122 SAN OA40 9,301 1,7)1 10,102 10,406 11.140 11 W 19AN 12,778) tl.7~lo 171) 141) • TVEFWA'O6rP 0.189 3AS 3,864 )3'80 3072 4,1#7 4006 4,400 4042 6206 63.$30 6.01.1 6176 1.006 ►,IM • TU Pom Cod owp 81# No 117 700 %7 410 100 906 191 1,010 1007 1,124 I'm 1040 1,301 Tu PM MWO6 16,600 18AM 17AM Ism 1944 96004 21AW 22.011 24,214 2SA00 27010 20,673 30.104 3105 33.716 N ~^1ro7rP 6 a 6 6 6 6 5 O / 4 8 6 / a 8 TOM ow caw 42142 44464 40,806 48,940 61,477 53AM 64A14 A1AM $3,711 00,3)1 ",742 74,006 7►AM 76,1041 63,470 cod prmv^ 4810 '46,08 60.44 6111 $3.07 WAS 68.40 "As 4000 , 520 4272 0027 4620 00,07 8702 in hc4rpr8Mt1 20% 1.0% 21% 4.4% 2.0% ^A% 27% 17% IA% 94% 20% 9.1% 20% 20% 410 • 0 • m • r i • r. ...m ..,v wr..~.. :rarn,k...rvM~araar+P`h.Q~ 'As pM 00 7U M1rM Dny NMyAY1 plly C17tl ON4n ? 1000NON17WADdM•W1//61btl*Mmw O1k41I" t 1N6 1007 IN? 1N0 1011 2000 2001 2002 2000 2004 1000 2006 2007 2000 2000 I~ DNI N&:Nt fa" 01,700 WIN 006,600 NO,at70 III, 60 077,/10 IAW)M I,ON,H 1,00140 1,0000 1,119.00 1,140,00 1,170.70 1,200,222 IAIAN Du1NME1. AW06% NANO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oren ftm-mmew 201. 20.7 212.1 VIA 22211 201 241 "A 2472 MA 20.1 2011 mi MA 209 D~Post •A1MmM OAS OA QO OA 0.0 OA OA OA OA 0.0 0.0 0.0 0.0 OA 0.0 0.0 Awrmo LomdFWW-1 / 41014 401% 401% 46A% 41.1K 40.0% 40A% 46A% 001% 400% 464% 41A% 40% 41.6% 40,6% Aw wiAwhdtl•Akff&*4 OVA 04% 04% OA% CA OA% OA% 04% 04% 0,0% OVA OA% 04% 00% 0.0% INVA D*6tloteM 1IA17 16A4d 17.44 17.00 IO,N2 20,142 21,100 22,01 23" 24,772 NAM "AM 27403 17.790 ",02 DN160MNMW 161.0 INA 10.0 10.0 IMA 1NA 1N4 10.0 1N.0 10.0 10,0 1NA 10,0 10.0 100 i DNb0IMtl 11W1fW 12.400 1;000 /2.00 12Am 12400 12.00 12.00 12.00 12,000 12.00 12AM 19AN 12,000 12,000 12,000 DoOinPill 296 2.00 2M 2.61 IN 171 100 217 3.00 292 U76 240 712 3,70 711 11 1' FMIdC11M(643N 0,00 000 040 OAO OAO CA 000 040 0.00 040 OAO 0.00 0.00 0.00 COO 041101 DIt490404(6) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 { TVD6111rdcNF46010AM4" 3,01 017 441 4,00 4.17 416 04 4,42 441 4,00 4A6 4.72 4.00 4.11 6,06 i TUOIe11/idC1g01htlc"Wro $16 210 4A1 4,00 417 496 444 4A2 4,01 4.00 4.00 4,71 4.M 411 6.0 TVF1d C21p*" 0.0101 0.610 OAIN 04100 CAM *me 0011 CAM OON/ 0,0271 CAM DAN 0.01" OA20 CAM 7UDWWUng6W" 700037 O.OON *Am CAN 0.0012 OAON 040M OA N OA017 CAM 00060 0.0061 CAM OA064 OAON TU hw 004 mm OAM) CAM 0.00074 0.00076 040070 O.000N CAM 0.00001 OAOOM CAM 0.000 CA0011 0.000N 0.0010 0.00106 0.0010 TV DAb11r C4p(1M0) 406 411 421 430 006 447 400 400 4" 04 04 004 614 04 W o41w1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TU 01110 WM6 000.400 101.70 MAN MA16 1A00,NO IAHAN 1,00,643 I,ONSN OVA $ 1,140AN 1,170.70 1,200,622 MI^ O4w14. N1,7N 600,70 ON" 910.610 MAN 071,616 1,003,00 IMAM 1,004,643 1,"3AN 1,112AN 1,140,10 1170.70 1,200,122 1231AN • ' i TWADWANVb/ 16,617 16.40 17,30 1700 19,02 2002 21100 22,201 23.76 24.70 NAM NAM 27.00 7717" 90A32 Doiim 6161 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 • ~0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oft S" 14.110) 14,13h (4,116) 14,118 (4,11011 (4,114 (4,111) (4,1») (4,1/11 (4,1th (4.1 to (4,tlln 14,110 (4,1111 14,1114 • TVDwWWOwp 7,70 0,122 /,400 $AN MI 0,721 10,10 10AN II,160 11A67 tlAN 12,701 13,770 13,01 14,641 TUE MWO" 311" 3.10 3.61 3,70 3,772 4'Iff 4.36 4AN 400 I= SAM 6,0.7 6,176 IAN $AN TU Mww owch rp 116 NO 167 720 h7 110 I0 NO 600 I'M 1.67 110 110 1200 I,2OI TUFwcm" ,6.02 16,401 17,400 11401 1644 20AN 21.07 12.1/ 26216 NAN vim 21.76 30,16+4 31001 03,116 TU Cbdooltl a" 6 6 6 6 6 6 1 6 1 2 I 4 6 4 1 ToW Raw Coo 39.40 4140 43,301 46AN 48AN 612N 44,240 6741o 11.137 00170 47,175 70.11 7301 "AV 61,109 codpwmm 46.02 '44A 47.0 4614 61." 21.2 0.00 0146 67A1 "AO 00,41 It.72 0.00 MAO Win ffff*W rCwtpNM14h 21% 1.0% 24% 4.0% 22% 3,1% 1.0% 4A% 1.7% 17% 21% 29% 2,1% 21% A-M • • • . . .....ww..,-w.v+,.:rMr4lP,WY~MCAtS$'I'. Cw 21 TU F6n4~486 (o6R1~6 F CRY of Ow640 N hMM TMPA DO • WIIg14 6hbM 6pfwr f9i 1666 1661 1907 1666 1606 2000 2001 1002 2000 001 2006 2006 ROD? 2001 2008 Dw6a1 f4a• Iw MI'16 901,70 489,790 ON= ,190 Owiat6El•A11nMnpAr140 0 p p 6200070 163,190 171010# fAm,03 "MAN fA"'M 1,4",110 1,112.016 1,140,148 1,170,470 120,"2 t23t0/0 OIr1a1PrR•1r'~ 201A 2061 212,1 217.9 220'.1 226.6 2044 WA 202 263.6 260.1 RNA MA not 2002 Dwft h+6 • A11rrr1r~ (MW) OA 0.0 0.0 0,0 0.0 0.0 MA Low FMW 1ln6 410% 46.6% 410% 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 I ' A AIM 46.1% 41.6% 40.6% 46.6% 46.6% 41,6% 006% 4/A% 41.0% 41,6% 46.6% wW6latl lrtf4r ' A4n6» 04% 00% 0.0% OA% 0.0% 0.0% ON 0.0% OA% 0.0% 0.0% 0.0% 0.0% 04% 00% I T1AI40t1lMNaM 10,791 11,441 117t7 lime IR,7" 13,090 13,776 11,470 16,666 16,1" TOM 17,0.12 17,671 Wo" 11,611 1 Doftow*f" 1NA I90A 116. 190.0 190.0 190.0 166.0 too 10.0 1400 148.0 100,0 1400 190.0 160.0 1111 Drbn FOrt F" O 12,000 12,000 11,000 12,000 12,000 12A" 12,000 Im f2,oo0 4000 1200 12,000 12m0 12,000 12,0" E Doi Im HM6 " 2.26 2.06 200 2.61 2.90 176 IN 2" 0,06 $22 2.06 0.46 162 3.71 0.61 f Om 0.00 Om O.m Om D.00 0.00 0.0 0m Om 0.00 0.60 TUDm 0.00 Om O.oo km M^'1i6M) 0 0 O 0 0 0 O 0 0 0 0 0 0 0 p N uD4 DmnorwM dChpF Cfp riM dhM 1641 flMWW+ro)mo) 390 8 60 4.01 4.09 4.11 426 4.34 1.42 4.61 400 1.0 4.79 IA0 4A0 646 6,90 3." 4,01 4.06 4.17 426 I1M 442 4,61 4.0 4,00 4.76 4A6 401 6.90 TVF1moop Md 0.0491 0A141111 CAM OA190 0.0204 Om10 0.0616 aim CAM Cam OmN CAM OA690 0,0016 OA714 n Powf0a4t o=g 60,403) am O.om 0.040 OA042 0.0011 O.OOM 0.046 0.00{7 0.0011 Om0 0.0061 C A M Om04 00000 N~+M^wa+6fMe°) M6'mp 0.000'11 406 0.0 40074U 0.0 421 4% 430 0076 OA OmNO O.Oom3 0.0016 0.00090 0.0000 o,o000 0.00090 0.0"66 0.00102 0.00106 0.0106 4m 447 4" 4" 476 400 404 ON 614 621 600 Dr14n 0 0 O 0 0 0 0 0 0 0 TU 901,70 903,7111 06,40 "6,670 960066 676,616 1,00,603 1,026,930 1AU.1143 tMMO 1.112,M6 1,140,906 1,170.470 1,20/!72 1231A0 901,790 6q,790 06,603 606,170 663AW 676,616 IMAM I.OMA30 1,06,613 1,090,640 1.112.06 1,140.60 1,170470 1,00022 1231,940 • TWAl~ 10,700 1!,046 IIA47 11,6" 12,706 13,063 1%776 14A" 160" 16,6" "A" 17,031 IIA71 16.0" 16,611 Dwtn 0600 0 0 0 0 0 0 0 0 0 0 0 0 0 TUDrr~ll mw 7,790 9,122 *A" 6A" /001 6,721 '1,10 IOm66 11,146 11,"7 1 O 0 0 0 p IIAO • 71)prMf1 DP 3,10 3,390 *%a 3,760 3,M7 4,167 4Am 4A90 4m" Cm IAM IA Mrm 43 6,176 1,"6 11016 • Np"We"a" 6" 060 487 7" 717 610 m ON 906 1" 1,00 1,126 1,162 1,1110 1431 Tu"*Wp 16,162 11,448 17400 11004 IOAIA 20094 21,487 MOM 24211 MAN 27,040 21A" 20,104 71.04 33,1!6 NOwINW0140 6 A 6 6 6 6 6 0 6 6 1 6 6 1 e TOW 660 C40 37m6 *A" 411"3 43MO 46,1TA 41,311 60,907 63AV 48,484 48,36t "Al 48x48 "Am 71,704 76110 C mp4f MWh 4390 441 46,06 46.64 4641 0042 10.76 62.m no 04.76 ".10 6726 6103 M'+ww h com per IAWh 20% 1.6% 11% 3.0% 2.1% 2.7% 2.1% 2.3% 11% 10% 12. % A-21 r ♦ wr..ww:Jl9Ygia.~~.,~n...., 1' -~M VY ✓i ell i'~ • rp+ • • Om 22 TUPAV MQ*pimmsem1wgF Nh1w4TINA0401•WIh8 6d*wm"M011MM 1110 to" 1907 low 1970 2000 201 9002 "m 9001 9006 9006 1007 2001 2000 DN6r~fB•6r404114~) $$1,790 WAS WACO 029,00 MAN 079,616 140433 DorNNE1•APIN ON 0 0 0 0 1,00.6611 1,040413 14110,1180 1,112,011 1,1.640 1,170470 1100,412 1,731,"0 0 0 0 0 O 0 0 0 0 0 0 DwAm Posh -6wr (>M!) 201.6 2067 912.1 217.6 971.1 216.! 224A 20.6 9172 MA 290.1 9701 2".6 WA 2.61.2 0 0 to Pr6• A#r1dM6l1M/1 oa 0.0 0.0 0.0 0.0 0.0 o.o 04 o.0 0.0 6.0 0.0 0.0 0.0 oa Aymp LOW F60N - 4"% 40.11% 400% 4@j% 48,11% 48,40% 48A% 49,8% 400% 46.11% 46A% 48SIA 4SJ% 4411A 48.e% Aww90006d TOWN- fmso 0,011 0A% 0476 04% 0.0% 0.0% OA% 00% 0.0% OA% O.OI. ON 0.0% 00% 0,0% ~ TM'A Dowft+U4m 10770 11AN 11,147 11,100 12,70 13,092 10,776 14470 16AN 16AN IsAw 17AM 1701 14A40 fs,411 D"m CVO* W4 114.0 10.0 10.0 10.0 two tM.O 100.0 10,0 10.0 IWO 100 140.0 100 10.0 180.0 OwoO Nul PAMph* O 12000 12,00 f2A00 12,00 12,00 12,000 12.00 19.000 12)00 1400 12.00 12.00 tzooo 12,00 12,000 ISw40nrawl(6M+W 221 226 9* 2A4 664 276 136 247 3.0 022 3.36 141 3.19 0.76 all ONrn AN00104(14W) 0.0 0.0 0.0 0.0 0.0 OAO 0.0 0.0 0.00 0,0 0.0 0,0 0.0 0.0 0.0 04n1wndCh0 Koh (6kWgm) 3A6 SAO 4At 4.00 4.17 426 4.04 4,42 431 4.40 440 4.70 440 4A11 6.0 n O4rtrd agog f441c 16MW.rtq $46 SAO 1.01 4.01 4.17 496 4.31 442 441 4.90 4.70 436 4.36 /.08 6.0 O TUftiNp~ 164707(1 40507 OOON oOW O.0010 ODW CAM Cam 0.00 0.0047 6400 DAM 060061 0.00" Callow CAM Tt77bw47M CYNg;&N OA071 0.0074 Com 0.001• 0.0010 o.00N 0.0000 0.000 0.000 *.am 0.00" 0.00040 0,00102 0.010 0.010 TU 0womw7 cfv WN) 406 417 421 470 4311 447 404 446 476 4" 414 614 614 624 034 :m 0 0 0 0 0 0 0 O 6 TU "1,70 MT,736 00,60 92AA76 MAN OMA14 1,00,07 1,029431 1,036,913 1,767,60 1,112,00 1,140,00 1,170470 1,200,622 1,201,940 On"fEL "I,760 66.1,7" 9050 0 AIO ;KT 1140 070,616 1,00,032 1.029171 1,036,647 1,0110440 1,112,00 1,140)" 1,17OA70 1200,402 1231440 • i TWA VW s4Mr 10,76 11,066 11247 11,60 12,70 17,02 13,770 14,470 16AN 16A411 1400 77A40 17.671 1s,ON 16,411 Dwkn&WW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Daft 011.M 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 D41O Gen 0Mr (1444) (1.044) (1470) (1,604) (1A44) (1,844) (IA" (1,644) (1.6M) (14411 (14" (1,364) (IA" (1,670) 1104) TUPNmmd CWp 7,769 6,122 OAN 8)10 9401 6,791 10,167 lam 11,10 SIA" 12" 14710 1sxo 17,701 14,141 • TVftwc4dchwp 7'1101 sM 0w 67?21 $w 4'016 4on 4on 4661 1'0" 00 1~ t't" 111170 2 14xo 11dAs "1 TUFLfCvp 16412 AAN 1740 16,304 1.411 90704 21,M7 22410 34" go" 27.36 211.8" 70,104 31AN 33,116 TUCAAWWChROW 6 8 6 6 6 6 1 4 0 a 6 1 6 a s Tow mm Cal 76,761 30.1 t6 30,149 41,AN 44.074 40,0111 OW Was) Naa 67)07 40AN 4"m N,NO 70.612 ",166 Cad P47 MAT 4211 ' 43.13 43A4 44.0 441111 47.14 4911 400 6041 6723 70.72 116.113 Psi NA7 0111." 0a'nr4hCoN PV AhM 92% IA% 93% 4.0% 147% 2A% 21% O.6% 1A% 10K 9A% 174% 29% 20% 7022 t. , r- e r C Uso 23 Tuft*** 0*1C 0 W 1wF3 Cly MDoman 06ftop TAPAD6M•M1h69Yd**nomLftr60m14 1996 1996 1097 1991 1002 Mon 2001 2001 2000 2001 2006 2001 2007 2000 2009 Damon 103.•9W NO 801,710 913.166 909,603 929)10 963,966 919,619 1,003,607 4,029,129 1,066,613 1,060940 1,112AN $.WA0 +,17000 1200,922 1731,00 Doman hEL•AA4n r4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Damian F9m9. 6M94 636M 201A 906.7 212.1 217A 223,1 2191 234.0 210.6 2472 251.4 MCA 2061 273.1 MA 2802 DPOO Pa1•AMn4M4(A6Y1 0.0 0.0 OA 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 00 0.0 0.0 0,0 AwrWLNAFaAa•606 46d% 4IA% 801% 491% 460% 46.9% 40.0% 46,1% 491% 0.0% 46.1% 496% 41,0% 49.9% 49,9% &VOMP Loki Rala• A1and1a 0.0% 0.0% 0.0% OA% 0.0% 0.0% OA% 0.0% 00% 00% 0.0% 0.0% 00% 00% 0.0% T4PA Dl116nb (8) 10,731 1 tA0 11,917 11,109 12709 13,0 13.776 14A70 16,616 16,90 16,619 17,012 17,671 16,010 16,611 ~ t1a671 CIp9Oty (fAMQ 110.0 10.0 10.0 10.0 119.0 100 160.0 10.0 160.0 100 169.0 1604 1004 I0.0 10.0 DOM Hod ~ 12,000 +2,000 12,000 12,000 12,000 12AM 12,000 12AW 121000 12,000 12,000 12,000 1$000 12,000 12.(+00 DamenFog 221 2.26 244 244 280 275 2.80 217 3.09 322 2.26 140 302 3,80 2.91 OWft F9WOAM(LRVl1 0.00 too 040 0,00 0.00 0.00 0.00 0.60 0.00 0,00 0.00 0.00 0.00 0.00 0.00 OM4n OW1a66 0A 0 0 0 0 O O 0 0 0 0 0 0 0 O 0 Tvr*,111MM1fooskO wW) 316 310 4.01 4.00 4.17 42 401 442 4AI 4.0 4A 4.79 4.0 4.96 6,o1 TUOWW4c p01Pnkp3"-" SAO 310 4'11 4.00 4,11 426 4.11 4,42 411 4,60 4.0 4.79 410 4.80 6409 TU FnaClp(1AtWN OMIK OA10 0.010 OA46 OM4 O'Wo 0,0216 "M 0.0021 OA236 00213 OA066 0.0261 0.000 OA214 TUE+wp~pCM~mpy991:"0 10.0007 o.000 0.000 0.0010 0.0042 0,000 0.0044 COW 0.0017 OA00 0.0060 0.0061 OA01 0.0051 0,066 TU9=OUI09wM(6A6M6 01007+ 0,000'14 0 ,OOOM 0,0076 0.00010 OA000 0.0000 OAOO14 oMM OOOM 0.00000 0.0009 OWN 0.00106 0.00106 TVOAWWCPV M1e) 4% 413 421 430 431 807 466 40 476 480 406 004 614 624 691 DWIM 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 N 01,760 03,70 901,600 929,970 867)0 979.611 1,003,033 11029,531 1066442 IA .W 1,112,016 11140,10 1,170,470 1700,6172 1731,960 Bar 74EL 0+,70 963.70 801,600 029)7'0 063,01 916611 1,001670 1029,601 1,06043 1,010910 1,112,00 1,140)0 I,1roA70 1,200627 1271,140 „ • TWA DOM64Ms 10,736 11016 11,747 11,09 12,709 13)0 131176 t4A10 1160 16,06 }6,511 17A0 17,671 16,00 10,611 Daly, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D4Ma101M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ! T Dsow Chop f7,711" 8.122 ON $Am 0,301) #."1) 10,102 (C,itt) 11.110 111X? 12038 IkM MM U91i 14~A41) TU FiowchvO6 1,100 SAN 34061 3,710 3)72 4.197 4AM 4,04 4,1&'1 6)36 S,bO 6,03 6,rn 6,026 6,06 YUPOWOOM*Mo 616 00 01 726 m IM on 106 980 1,040 1m 1,121 11,110 120 1,331 TU F4M CNW 16,00 0A0 17000 16,391 ISA24 20001 2110 22,911 34216 26AN 27,040 MM 30,114 3140 33,716 TV CnMana CTwpi 0 6 1 6 6 6 6 1 1 1 6 6 1 6 6 { To1M9Wc4d 331767 36,02 37¢76 30204 42,00 4420 46,02) 46,619 0.746 6S233 61274 61)40 14,30 67,931 71.06+ 3141 • 4022 41.12 4222 44.06 46.21 4614 ON 4610 6011 0.40 83AO 6601 0.10 67,70 ~ CplpOan c4 Irke6lwhCM per 3Mft 26% 22% 2.7% 4AIG 2.6% 32% 3.1% 31% 21% 21% 2A% 1114 2A% 4A% ~ 0.21 { 4~x ~ r • q • • k cre a< N FVIaMw Or* p PM*) ay a 000+012 VOW TWPA DO 1996 1806 1497 1884 1196 2000 2001 2002 203 2001 2006 2006 20" 2008 2009 {900.60 861,7" 09,740 **ADD 804/70 MAW MA18 1,001,939 1,049,891 1.056,647 03A10 1,112,066 1.140.616 1,170,4m 1200*22 1,201,880 DM4onH11.•NAMr1rb41MM0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L&ft Pw*-f4ft (61N) 201.6 20.7 212.1 217.6 223.1 226.6 291.8 2401 2472 2671 260.1 241.6 279.8 280.6 2842 Avalvwm oodIrn1N4(IAV) 0.0 OA DO 0.0 00 0.0 0.0 00 0.0 0.0 0.0 0.0 0.0 0.0 On p LaM F6dM • Br~ 481% 411% 48.1% 468% 4#h% 46.9% 46A% 41,1% 48.8% 48,8% 481% 48.8% 481% 481X, 491% AYMpl lod Fiats, AAMnM 0.01 0.0% Q0% 0.0% 0.0% 00% 00% 0.0% 0.0% 0.0% 00% 0.0% 00% 0.0% 00% TMPA DO ftvb607 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dodos CyeM70d1Y1 160,0 10.0 140.0 119.0 111.0 140.0 161.0 169.0 IWO 100.0 184.0 100.0 189.0 I".0 IWO f Dvion MW PA* P4%*) 12,000 1$00 12,000 14000 12,000 12.600 12,000 12,000 1290 12,o00 12,000 12.60 12,00 12,00 12,00 0101001 Fwl(1AMl40 226 L06 2,44 244 2.64 276 200 217 3.0 322 9.96 046 9.12 9.74 9.91 DMMn F11M O/M(04" 0.0 0.00 op 0.0 0.0 0.0 0.0 0.0 0,0 040 0.00 0.0 0.00 0.0 0.00 Doff DPM bfW1(1) O 0 0 0 0 0 a 0 0 0 0 0 0 0 0 N OWMIdCly PWc(84(M4o4) 9.16 3.03 4.01 40 4.17 426 4.01 442 411 4.0 440 4.70 4.0 418 6.0 N DMnr4 Cho w P** okwwo) 3.16 267 4.01 418 4.17 426 C34 4,42 4A1 410 4.61 4,79 400 40 6,0 NF6*ICl1p(6" 0.0181 OA140 0.0162 0,0100 0.0201 0.0210 0.0214 0.0921 O-0029 O.OLM Dam 0.080 *Me O.OMB 00274 7U LWN OWP "A" 10.0007 0.0078 *am 0.0010 Dow 0400 0.0014 04M 0.0017 0.00 0.010 6.001 0.0040 DAN 0.00" Tvftww C1IC11rp1"M0 0.00071 0.00074 OOOOM 0.00071 OA00" 0.00040 0.00406 0.0000 0.DOM 0,00083 0.00040 0.(.OM 0.601001 00101 0 .oo10 N CuMOnfMClp 1><4ro) 40 419 421 430 431 007 400 400 476 41M 04 ON 614 824 631 (MOY80lJF1CFa•8r.4MNh DrMn 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 N "1,780 60,761 10.60 924.870 Moo BMAII 1A0,N3 11029.640 1,040A" 1,010,00 1,1120" 1,140,006 1,1M,4M IMAN WAD Be" ha 861,760 "9,768 801600 429,6/0 169,"8 9M,611 1,07,"3 1,029,41 1,051.641 1,009.60 1,11!048 1,140,1" 1,1MAM 1,20,871 1,231,"0 • (PPAODUCi m 0061 • Ima. TWPA DaA BMN:v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D~Firpy 0 0 0 6 0 0 0 0 0 0 a O 0 0 0 DM4on 0800 0 0 0 0 0 0 0 0 0 0 0 0 0 a O NDo i cNfv 7,70 8,122 Bp86 BA" 1,901 01791 10,182 10,06 11,141 11.661 12J1M 12.700 121" IJAO1 14,441 • • TTuftwowet p 9,e" 900 9,o" 3,70 70 9v 41117 44w" 4.on 4~ 1,010 1 a,lg* m IAN I N PJW Chrp 16,464 16,40 I7A0 11,900 19AN 2OA24 21,/40 22,811 M216 "AN 27.010 *A" 00,1" 31AM 33,711 NoAloe1M chm" 6 a 6 6 6 a 6 4 4 8 / 1 1 a / TOM amcom 21,169 21,416 30,147 31,764 23AN 062N 37,10 04,117 41200 43AN 46.66! 48,327 NAN NAM 4.640 C40 PM MN41 $10 •1234 3314 94.18 96.00 4016 07.0! 3400 00 40, IS 4120 4236 43.66 4411 464 huom h Coo per Wft 2.7% 27% 27% 27% 2.7% 2.1% L7% 4.7% L7% "7% 9.7% A•N • (1)6 • c a» 26 "*MOO weft1 WM9160n n,ea,r'6... C87 of l1N*n 100 BV46i1 TWA 0* , 1966 1406 1907 1950 1419 20M 2001 200x1 9003 200{ 20% 2006 2007 2006 20M Dwim 141.80 AW4 661,760 613,750 906403 10'00 96.1,416 mp$ I.Ow.033 IMAM 1,061.640 1,x40 134rin NEL•Ar+rM1Mh) 0 0 0 0 ,640 1,112,041 1,140.816 1,110,4" 1200,921 s231,940 ~ 0 0 0 0 O 0 0 0 0 0 O Oo6xr Prk• Bw MM 201.6 20617 2121 2174 223.1 2"A 234A 2411 2472 2636 260.1 2MA 273.8 10.6 2612 Do94nhh•Ah=AM ,501 0.0 0.0 0.0 0.0 OA 00 0,0 0.0 0.0 0.0 O.0 0.0 D.0 0.0 40A% 48J% *A% 4"% 4eirA Oh% 48A% 483% 48S% 48jrA 481% 481% Arwy4 Latl Atla• A9rrrwM 00% 00% 00% 00% 00% 00% 00% 00% OA% OA% OA% 00% 0.0% 4v 0!6 488% 'r TWA Dab BYfrb4 14117 14#93 17,303 17140 18,862 20,142 21,160 ?2,261 27,976 24,370 26,444 26,200 27,033 27,766 28,632 D~CgarIFw 1400 1400 1610 1400 190.0 1600 160.0 166,0 169,0 1090 1100 1660 162.0 50.0 184A 169.0 044in1M81Mftmk*wN 12,000 12,000 12,000 12,000 12000 12,000 12,000 1 12,000 12,000 12,000 }2,000 12,000 12.000 12000 1 ,OOD Ow1onFLM19404960 226 2.36 2,44 244 2.04 2.76 2.66 2.67 3,00 127 3.36 3.48 3.62 3.76 3.01 D41if1VrMM 0650 On1~kYA) 4.00 4.12 424 427 440 4.l/ 4.78 4.92 6.07 6,22 b.3B 664 6.70 667 6.06 Oo4en Fk4d00M 018 1,000 1,020 1,010 1,061 1,012 11104 1,126 1,149 1,172 1,195 1,210 1043 12" 03 1281 1,319 w1m DW 6MN0* OA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BEPC Dartwrl (AfW1 62.6 66.7 741 81.1 874 507 101.0 108.0 1152 1221 1302 1372 145.0 164.0 162A BBPCD4nwd Ctgpa* M-m 126 639 641 0.64 0,78 0,91 7.06 7.10 733 7.N 7.13 7.71 7.N 8.10 826 61EPC Ontl LTQC76Pwk((86AkMVl!+n 676 647 617 646 0,40 6.91 6.10 6.04 6.16 6.21 611 8.64 667 6.80 6.04 OEPCFWYe 07rrp4(6k .M) 140 1.12 1P,~ 1.19 112 1,78 1.78 1183 1.50 1.10 144 1,98 202 206 2.10 ~y LZK FL1Cho 10•A" 00004 0.0081 Dow 0.009 0.0006 OA7o0 0.0100 0.0107 0.0111 0.0% 0,0110 00123 0.0127 0.0131 0,0136 KmEwwcfQp44k(3k19h) 001" 0,0106 0.020' 00206 0.0211 0.0270 00231 0.0239 0,0241 00266 0.08!6 0,0274 00284 0.0204 0.0]01 W-PC EfdWCIQ C1P44M OWW 0.01" 00174 00100 0,011$ 0.0193 0.0100 0.0107 0.0214 00221 0" 0.0237 OA241 Dom 0.('203 DOM BEPC ouo wroChp ww) 293 290 306 311 317 3" 370 337 343 050 367 *4 350 370 307 BEPC Tr w6 imb (SAW.,I) 000 0.00 0.00 0% 0.00 0.00 0,00 0.f4 0.00 0.00 0.00 0.00 0.00 000 0.00 BEPC Twwriixi {61 0 0 0 0 O 0 0 0 0 0 0 O 0 0 0 CEO 66brn 401W ,y 402,011 3''#74 3611161 330AIA 318,123 296713 2M,02 919,099 224,790 1611,911 174,340 148,140 121,300 60,714 BEPC 4402'76 491,746 624,929 &68,662 013,924 860,366 709,120 767,146 SWAM 869,642 912,130 9Mµ1 1,077,272 1,079,40 1,138,106 ; "»4 NEL 601,790 083.166 9MAM 921,170 963,868 978,618 1,0001871 1,029,036 1,056,343 1,083,940 1,112,00 1,140,066 1,110,470 1200,492 1,231.900 V ~~A17DN0[19T. ~.3000~-~ TWA CM484nW 16417 11403 11.100 17,500 f9AN 20,149 21,120 ?1,2111 23,971 24,379 26µ4 26AW 27103 27,740 29,61! ONrim O&M 12,µM01 12.M 1201 14.40 10,6706 11~ 10,140 &.M 0244 9677 C026 70" 2500 2,434 2,340 2¢50 2,408 2,,111 133 200 ,,687 Oo160 DOM sorb 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ® UPC nWa" 2AM 3,646 4,049 4171 4,900 6A40 6#14 OA82 1,010 7,617 OAW 9Ali 0,918 FOAM 11,141 Cl" 1011 1,040 1212 1,347 IA10 LOU 1,710 Iw 2,141 21301 900 tm 2#96 3,140 3,44 • W-PC &,*W Chrpi 7,509 $A" 0,610 1o,792 12" 13A 12 14AN IDA72 14,163 20.093 22,000 24,119 24AI6 21,0" OIAM 11EPCFUWCf vV* 3,600 4,140 4.721 6106 6,919 SAW 7,212 6140 9,102 9,039 IOA40 IIAM 12019 14,100 16,419 E1EM' C,"m chwp 4 4 4 4 4 4 4 4 4 4 4 4 4 6 1 BEPC TMM114Mm 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Tatw Boo Cad 46,108 48,464 60,711 WAN 57,377 0OA71 09,7% 67.471 71#37 76AM MASS 63,331 87AU 91#07 MAN C04 po ATl.T 63," 50183 MOO PAS 60.11 0140 63.06 5042 5000 MAI 7191 "OB MAI TM 71.33 ' k, hCalpoWAIn 23% 2.1% 29% 41% 24% 32% 3.1% 318% 11% 1#% 24% 2A% 90% 7.9% r A45 • • • U" 26 N" o4r61m" rM mw*P16c4Cky of Cwron , 66 rood TWA D*t INS UN 1997 1266 1960 2000 2031 2002 2003 2004 2006 2006 2007 2006 2006 Dodo ft"N Q "1,790 03,7" 9",500 MAM 663,66S 971,614 1,007,030 1,026,036 1,066,60 1.063,610 1,112,046 1,140,606 1,110.470 1,200.822 1,23100 Ihrial WL- A8wn*m IAY0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dw6On Pak•9w0 201.4 2"7 212.1 WA 221,1 211.6 MA 2401 2,472 263.4 200,1 MA 273A 203A 201 Dor4a0 hSk•AiYw,4M4(1,AN) 00 0,0 0.0 0.0 0.0 0.0 0.0 OA 0.0 0.0 0.0 0.0 0.0 0.0 0.0 AVWNP L40 Kf&m• 904 41.1% 6A% 484% 4811% 4811% 61% 414% 462% 68% 45,0% 60.4% 6.0% 48,1% 44.0% 48.6% TWA DS64W *WtsM 10738 IIAU 11x47 11,1" 1708 13,E 12.M WA" 16M 15,0646 18AN 17.432 17PI ISM 10.6il Dodon ewo* AM) lao 160,0 104 i0, 10.0 14111,0 10, 1"A 160.0 10, 1",o 1".0 1".0 10.0 1164 Nolon 1440 Pals M AYft 12,000 12AV 12.400 12,000 12,000 12.490 12,000 1200D 12.400 12,000 12,000 12.000 12,000 12.400 t2oo0 D4n1w1FLWPA .l4 216 2,38 2,64 214 2.64 2.76 2,40 2.67 3.0 312 2,36 SAO 3," 3.76 3.01 Dwb Wftk OMl""ft) 4.00 4.12 414 4.3'7 410 460 4.78 4,06 6.07 6.21 621 5.54 6,70 1167 4.06 Dwon FMd08A4(h 1,000 1,030 1,040 1,01 IA" IAN 1,126 1,146 1,172 1,10 1.16 1041 1116 14" 1.316 D~[403 So14SSM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i SFPC DOmwd(WA 921 06.7 141 111,1 87.4 041 101.0 160.0 1161 122.4 1301 INS 1461 164,0 14dA 9EPC Do1od D9o P4*W*m 811 816 6A1 6.64 6.78 611 7.06 7.16 7,30 7.46 7.03 7,74 7.84 8.10 616 W.PCDmd Ctg01PWAW4n 616 637 6,47 660 SAO 6.61 6.92 6,04 6,14 6.26 4Ai 6,64 Sl7 4.0 6." BEPCF9d6Ma pS(1 wqm) ISO 1.12 IA6 1A/ 1,72 1.76 1,70 1,03 I,% 1,60 144 L% 2.03 2.06 2.10 1IEFC FUNUq X16080 000" CAW 0.0010 0.0010 0.0016 0,01" 0.0103 0.0107 0A111 0.0114 0.0116 0.0123 0,0127 0.0131 0.0136 96PC&WWCiq P46k(640Mi) 0.010 0.0116 0.0201 00201 0.0216 0.0123 0,0111 0,"36 0A26 0,0264 0.4916 0.0174 0 " 0.0294 0.0001 I1EPC 110031.403 CI Pw6; p1ACw 0.0160 0.0174 0.01" 0.0141 0.0100 0.0200 0.0707 04214 0 ,02t 00211 0.077 0.06 0,264 0.0203 0.0272 ) N7cowtnrrQgvft) 203 200 3" oil 311 30 330 337 343 360 3" 3" 372 m 397 W.Po Tmwr!W1n(6M " 0.00 0.00 0.00 0,0 o,0 0,00 0.00 0.00 0.00 0.00 0.00 007 0.00 000 0.00 BEPC Trwm.. Won M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ENEMY Sol/1CES • 9r.. D4dOn 421 402,011 38104 WASO 339.448 314,123 Wit 272.07 246,062 224.10 I"AM 174AN 16,100 121AN 63,1" BEPC 440" 481,146 624.620 660,602 613AM /10,306 706,120 767,146 S07MI 666,143 912,133 "4A67 1,022.73 1979,4" 131,1% ft" tin "1,760 80,766 906,600 928.470 663,60 971,616 1,003,633 1,029,636 1,066,60 1,83.903 1,112,048 1,140.06 1,170.470 1.00,02 1.231,00 ) n lr Am I rWA D401W*- 10,7" IIAN 11,247 IiAW t2,70 13,010 ISM 14,470 16,106 16806 IOAN 17,011 17,671 U,O" 118,411 D~E/wly 11.431 11,330 11.02 11,019 10,716 10M7 10,148 0,732 004 6,677 6,06 Ill" SAX 6,710 4A" DWWCSN 2.6" 2.036 2'"1 2,80 2AIS 2.471 ON 2AN 2A31 2,3% 1.% IAN Vill RAN IA67 Owton 0184 ftrA* 0 0 O 0 0 0 0 0 0 6 0 0 0 0 0 OMDU 0 Clop 3.60 3,16 4,040 4,477 4.400 SAN 6014 BAN 7.010 7,117 $AN 8111 9,116 lolm 11,141 b BEPCFwA19S4CM194 110" IA" 1.12 1,317 1A60 1,916 L7N 1,967 2,46 ?,104 240 2170 2,116 9,160 3,446 96PCFi Ilropo S 7,67D SAN 8,140 10,70 txw 13AI2 14,116 11,472 14,1% 20AM 12006 94,121 26,0116 Km 31106 • 6PP0 FUN o" 3,01 4,100 4,601 6.N 6.411 SAM 7412 1.00 6.492 6,101 10,101 11,806 12471 14,10 13,476 BEpc oAm M/ Clop 4 4 4 4 4 4 4 4 4 4 4 4 4 6 1 BEPC TwwvOo11n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Tod BU4 COO 40.304 42,510 44,706 47.173 SO,N4 53.21 81,377 50.479 03M N,706 MAN 7411" 71.467 Wes NA" C*d pw WA% 40.67 0,10 4932 503 ON 64.30 66,16 87AS 60.14 61.4'4 0316 ".01 04.72 "AS 70.11 MarehCalpw.41014.4 24% 26% 24% 4;r% 2.7% 31% 22'% 31% 2.*A 21% 21% 2.0% 24% 21% r A•20 l I s r ctir 27 MOM OwweMn •9h6t9fa Ptlnt,61~ aH CO D~ Wift'A TWA Di4 1986 10N 197 1906 1090 2000 2001 2002 2000 2004 2006 2006 2007 2006 @001 ®Dw(h" "1,790 M,7N 9NA06 Mon 953AN 071,410 1Am.$" 1,029,931 1,069,647 Imw 1,112,04 1,140,14 1,170,470 1100.892 1271,060 O"m TEL • AftY&M WN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Orman P"k• 6a»(MA3 20L1 206.7 212.1 217.6 222,1 2211 2311 2101 202 293.9 2901 2691 MA 2801 2691 Daft P"k• A9frr.38w 670'4) 0A 0.0 0.0 0.0 OA OA 0.0 01 0.0 00 0.0 0.0 0.0 0.0 0.0 A"Mp si LOW Fa" Sm 0.00% O% O40% 48^ A% 0% OAD% 0% O% 0 % a~ 0480% 48^ 0% 00%% 60% 0 % CAA% 04%% 7MPA DOW 86 W (J) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 DwfeOCtPadle 170 169.0 10A INA 1NA IND 180.0 10.0 INA 1NA 180.0 1"A 1NA 10.0 1NA INA f Cw6mm"Flw(B **j 12,000 12,000 12,000 12.000 12,000 12,000 12,000 12,000 MOM MAW 12,000 12,000 lZON 12,000 12,000 ) Daft F0110401" 226 226 2,44 2.64 2.04 2.76 2.80 2.7 341 $.72 3.36 3.0 3.69 3.76 1.11 DkNtY6AfA~ O&M pft~W 4.00 4.12 428 4.37 4.60 4.80 4.76 412 6.7 622 6.31 6.64 6.70 697 SAS Daft Aad 06M~ 1,000 1,020 1,040 1,061 Iw 1,104 1,12) 1,141 1,172 1,186 1210 103 IAN 1,04 11316 Do"00 8wNe/(~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BPPC Dawb W 629 ".7 741 61.1 074 942 105.0 1010 1162 12" 1301 1371 146,6 104.0 162.0 BBC Doi Ctp Pa*OKWm 626 9A9 611 924 4.76 6.1" 7.80 7119 1.33 7.0 71" 1.76 7.80 0.10 029 BEPCwctp OIPMk m 629 6,37 627 689 4.0 611 6.12 6,04 6,16 020 6.41 6,64 6.97 9.10 6.N BEPC FwWa Chop Wmo) 1.69 112 116 IM 1,72 IN 1.71 1,17 1.80 1.90 1.80 1" 2.02 R06 210 BEPC FwI Chp"Al" 0.0064 OA067 04W 0.0090 00m 0A100 OA100 0.017 00111 0.0114 0.0110 0012$ 00127 0.0121 0.0131 BEPC Eww CN P^* ",m) 0.01" 00106 0.0101 0=0 0.0214 0.0213 0.0231 020'19 0.020 0.020 0.024 O.W4 DAOM DAM 0.03N BEPC&4W" 01 Park ON 0.01" 0,0174 OJOW 0.010 0.0103 0.0100 OA207 0,0214 0.0921 0AW 0,0237 OAW OAM 04263 0,0272 OEPC Ou"m 0q (Oa) 200 2" 306 311 317 m 330 337 343 NO 367 3" 370 3T6 w BEPCTwWrtsbn(R6" 0.00 0" 0.00 0.00 OAO 0.00 0.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 DEPO Tmweb" (p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dd21 R 400.011 301,1174 361,1" 331.044 316,123 280,713 772,42 241A" 224,709 199.016 174,11011 141,1" 121.030 90744 BFPO 4409M 491,746 614129 64,162 613,904 660,30 7OC120 767,146 80741 066,142 912,133 MAW 1,022,72 I,O7/A" 1JUAN Bw Na 461,760 861,7" 006,601 920170 993AN 970.614 1,006,931 1,020931 1,066,00 1,06014 1,112,OM 1,14006 1,17,470 100,82 1,231,910 p~eyll_attYYI Gpg7 . lYr_ 9000 T6PA D44A ft 108 v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dw6 &WO 11,831 11,309 II'M 11,010 10,716 IOM7 10,148 0,7,2 004 6,677 6,006 7211 4A16 SAN ON Oa6mOMA 2,1806 2,62 2,41 224 2113 2.670 2,931 2A60 2A34 2AN 22N CAN 2,113 2,001 1,47 D6rf nDOWBw+'k>• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6EPODtwgCtap 124 3164 4,04 077 4AN SAN 6119 9.080 7,011 7,617 0,94 6,116 1.614 IQ'1'1 11,141, e Kft FKUKChrp 1,010 1,0" 1112 1,717 1,480 1" 1,761 1,47 2,10 RAN 24" 9,74$ 410 3,180 3A4 , BEPCEM*CNN" 70'9 9,680 1.610 14,T92 12,W 13,112 14,806 1SA72 19,101 20043 22A02 34,160 28A6 KIM 21AN BEPCFuwmfp 3,46 4,1" 4,721 SAN 6,019 IAN 7,312 4AN /,"2 9,171 IOA410 IIAN 12,971 14,102 11500 BEPC 0>tMtw Cft" 4 4 4 4 4 4 4 4 4 4 4 4 4 9 1 BEPC 7nwrhbbn 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 . Teen 1,w C40 20,062 31AN "A80 36AN 3717% 40122 42,601 462!0 47,080 93AN 93116 57,134 WAS 64,ON 071" Cat pw wm 14.41 36.4 3121 3126 0"1 41Al 42M 4310 46.4 029 MAO 80.01 61.71 63.30 66.00 ykyrw 11 Cal Pa MIM 35% 3.7% 09% 3.9% 3.6% 05% 3A% 3A% 3A% 31% 33% 3A% 02% 52% A-27 • O i • w • • Can 20 IYe» OryMon 11111 TU PWr%N CAS0400, ceyao«een 100 PwM TAMA OM4 106 1666 I807 1610 180 MOO 1001 2000 2000 2001 2006 2006 20V 200! 2000 O ' 11.7 o "3 7" 806,600 MATO 861AII 076,61! 1,O0Oa" Imripa 1,MA4 1,61.610 1112,010 1,140A0 1,170,470 1200A92 1211,040 ON" Pak•NNW 201.6 206.7 212.7 217,1 223,1 0 0 0 0 0 B 1 0 O 0 0 a''1O^ •'W^ A*v) 0.0 0.0 0.0 0.0 O.0 OA .0 0..0 004 X0.0 100.0 X0.0 no.o Laid VM 100..0 Moo P!~M FtWa•en4 48,8% 44^ 44,11% 48.8% 48,8% 414% 41A% 401% 401% 414% 401% 40,09A 414% NA% N.a% Dirah 0.0% Ol% OA% 0.0% OO% 0.0% 0.0% 04% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1~1s17 16,511 t4pe0 17,800 17,109 'PAR 20,14 21.100 12281 21" 24,M 0.0% 110,4 104 104 110,4 teOA !0A 1040 10.0 10.0 26,141 21,100 27,470 27,710 y,01 IWO 10.0 1040 104 10.0 10.0 p Dw%nN% Cam za 2M 2M 234 IN FUW 0~14AM0 MOOO } i2 1 12000 12,400 11,000 12.000 12,000 11000 12,000 12000 12,00 12,600 12,000 #now" 4.00 4,12 4,04 4,77 am 444 10 176 2.0 217 8.00 122 148 110 3A2 IN 3.01 78 4.0 9,07 .22 M $44 &70 $87 am DWM Flood DWMomt84AM 1,000 LOW 1,010 1,081 Iw 1104 1120 1110 I.M 10II0 1210 IAA I'm 1286 1,474 TU CkM1~~VN~ 00 10.7 741 01.1 VA 042 101.0 10.0 118,2 1210 1102 IM 104 164A IMA TUOMadppp44kRgyfigl 16.10 16A0 18.11 tam tare fen 17.01 1746 17A0 18.0 041 1177 IB.ti 1113 teA2 IIAI 04 1290 TUFWCV1U1" R411kRn) 0.0181 01MM 100 0. 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