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HomeMy WebLinkAbout05-02-1995 • r i CITY COUNCIL AGENDA PACKET 5-2-95 • i 4 I • 9 , JJJJ • <a R Agerdo No AGENDA Agandalfem p~ CITY OF' DENTON CITY COUNCIL rwa ! 5 May 2, 1995 l 3.b H Regular Meeting of the City of Denton City Council on Tuesday, May 2, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Citizen Reports A. Receive a citizen report f:-om DesSie Goodson relating to the sign ordinance and SPAN. 3. Public. Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning 72.016 acres from the Agricultural (A) zoning district to the single Family 7 (SF-7) Conditioned Zoning district and the Single Family 10 (SF-10) zoning district. The subject property is located between and adjacent to Kings Row and Loop 288. (The Planning and Zoning Commission recommends approval, 5-0.) 4. Consent Agenda Each of these items is recommenrnd 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 s 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- tip information is attached to the ordinances (Agenda items 5.A, 5.8, 5. C). This listing is provided on the consent agenda to allow l council Members to discs, or withdraw an item prir :o approval of the Consent Agenda. Upo., the receipt of a "reque . to speak" fore. I from a citizen regarding an item on the Consent Agenda, the item 1 shall be removed and I)e considered before a • Agenda. pproval of the Consent A. Bids and Purchase Orders: 1. Bid #1732 - Self Propelled Power L ly 2. Bid 11746 - Distribution Transformers 3. Bid #1754 - Refuse Bags 4. Bid #1729 - HVAC Renovation for Recreation Centers A (North Lakes and Denia) • • 5. Check Requisition - Texas Natural Resource conservation commission • • City of Denton City Council Agenda AQendaNo May 2, 1995 Agandallerrt_._ - ..1l.-.. Page 2 bale ~ 5. 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 117320 5.A.2. - Bid 11746, 5.A.3. - Bid 11754) B. Consider adoption of an ordinance amending ordinance Yo. 95-045 relating to the award of Bid Number 1729 for the purchase of HVAC renovation for re.~reation centers from DRT Mechanical and to provide for the purchase of VVAC renovation for recreation centers from Able Sheet McLal and Air conditioning, (5.A.4. - Bid 11729) C. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City foe water quality assessment fees for the Texas Natural Resource Conservation Commission (TNRCC) as per Senate Bill 818 Effective June 1991. (5.A.5.) 6. Ordinances A. Consider adoption of an ordinance, amending Resolution No. R93-026; and authorizing the city Manager to sign and submit an amendment to the 1993 Final Statement of Community Development objectives and Projected Use of Funds submitted June 14, 1993. B. Consider adoption of an ordinance authorizing the City Manager to execute an Electric Reliability Council of Texas, Inc. Membership Application between the City of Denton and Electric Reliability Council of Texas, Inc. C. Con. .,der adoption of an ordinance authorizing the Mayor to execute an agreement with Haynes & Boone, L. L. P. for professional legal services. D. Cansi' adoption of an ordinance amending ordinance 93- 164 i ifar as it relates to credit card service fees; and a- orizing the City Manager to execute an agreement with DiscovFr Card services. E. ron:41 - adoption of an ordinance prescribing the number of po ions in each classification of pW 'as officer; author ing, pursuant to Section 143.014 ' the Texas Local vernment Code, the appointment of an Assistant ® Chief of Police; and repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. F. Consider adoption of an ordinance allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System, to deposit the sums so withdrawn, plus annual withdrawal 0 • p • City of Denton City Council Agenda May 2, 1995 Agoidalte Page 3 - IN W charges, and allowing and undertaking the cost of allowing any such employee credit in such system for all service to which such employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an employee of this city. 7. Resolutions A. Consider approval of a resolution authorizing the City Manager to sign and submit the City of Denton's 1995 Consolidated Plan for housing and community development to the Department of Housing and Urban Development. 8, Consider appointments to the 1996 City of Denton Denton County sesquicentennial celebration Committee. 9. Consider appointment of a chair for the City of Denton Denton County Sesquicentennial Celebration Committee. 10. Vision Update 11. Miscellaneous matters from the City Manager, 12, New Business This item provides a section for Council Members to suggest items for future agendas. 13, Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Cc a'der Lction in lam' - i Y -,-City -I2e{ltr4ll B• Real Est, e 'ender TEX. GOVT CODE :c, 551.07, C. Personnel/) oa. Appointm .r s Under TEX. GOVT Sec. 551.0'i ' • 1. Discu Cit. ttorne} finalists ar consider offer of eml oymen, I 2. Discuss condit s o employment elating to the Acting City Att. 9y, 14, official Action on Closed Meeting Items: • A. Legal Matters ` • B. Real Estate C. Personnel D. Board Appointments • O ; • • City of Denton City Council Agenda Ag"No »-1st-~~~Q May 2, 1995 AQBAdd~tE Page 4 5, _ G~ ' Date _ ..2 f 3 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1995 at o'clock (a,m.) (P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES -OR THE DEAF (TDO) BY CALLING 1-800-RELAY-TX SO THAT A S,;N LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITk SECRETARY'S OFFICE. ACC00271 • ..-rr.Y-. 1 • rte. W~:~GA1~WfF.r J1 T... . , a 1 V I 1 I 0 ♦ k' ♦f• t CITY COUNCIL l S d ♦ D ~ ~ + M f * r d ~ O J • • 40eadaNo ~O (o AA~dalt [late DATE; May 2, 199.5 I oZ~ CITY COUNCII, REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 72.016 acres from the Agricultural (A) zoning district to the Single Family 7 (SF-7) Conditioned zoning district and the Single Family 10 (SF-10) zoning district. The subject property Is located between, and adjacent to, Kings Row and Loop 288. RECONIMENDATI ON: The Planning and Zoning Commission voted unanimously to recommend adoption SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Repon. I PRQQA6M9&DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL, IMPA.CL, None. I l 1 • Respectfully submliled ll *0~0-w City Manager • ~f Yt .9F ! 7l ,r }l L~QY~1 ~ ~r ~15v1 • • ~peodaNo. 15a 4gandaltan~ 1171e 5 Prepared by: d j a Walter F. Reeves, Jr. Urban Plannc Approved: 'rPlanning and Development Attachmcnt #l: Planning and Zoning Commission Report, Attachment H2: Planning and Zoning Commission minutes, Attachment #3: Ordinance. V i • , • • NeadaNo Ageodaltern ATTACHMENT 1 Ua10_~r-r+-~- Denton Planning and Zoning Commission Report Case # Z-95.005 May 2, 1995 GENERAL INFORMATION Applicant: Brirke Engineering 1318 Auburn Drive Denton, TX 76201 Current Owner: R,M, & G.W. Brown PO Box 292966 Lewisville, TX 75029 Action: Rezone 72.016 acres from the Agricultural zoning district to the SF-7(Conditicned), and SF-10 zoning districts (Attachment 1). 1A)CH0011: North of Kings Row, on both sides of Loop 288 (Attachment 2). Surrounding Zoning & land Use North: ET), vacant land, Agricultural zoning district within city limits. South: Single family residences ((SF-7 & SP-10) inside I(x)p), Agricultural (outside loop). East; Single family residences, (SF-7, SF-10, and PD-124 inside city limlie" Oak Bend Subdivision in ETJ, West: Vacant land (PD-90). Denton Development Plan Low Intensity: Study Area 32 (63% allocated), SPECIAL INFORMATION Transportalion Sidewalks will be required along all et frontages, i. effic study will be require and King's Row inside the itx)p will ' -,,dened once c:, loprnent begins, Utilities • Electrical service wi!I be provided. r vwwenis and facililit. ill ix located when platting begins, Fire Protection No continent. d Airport w 0 No comment, Millding Inspection No comment. • _ oa • AgOndeNo Agendalterq (mto Waler/Wastewmer 'i ' No comments on zoning, water and sewer requirements will be addressed when {f platting begins. Drainage Major drainage improvenientF will be required for development. A detailed drainage study will be required when platting begins. Landscaping Denton Landscaping Code will come imo play when building begins, HIS'rORY The subject property became part of the City of Denton through two annexation ordinances. That pan of the property located Inside loop 288 was part of a 470-acre annexation approved by ordinance (82.6) on January 12, 1982, 'Elie Ixmion outside the Loop was annexed by ordinance (87-101) on June 8, 1987. On August 27, 1986, the Planning & Zoning Commission recommended denial of a petition for rezoning from the Agricultural zoning district to the Planned Dr felopment zoning district for the property inside Loop 288. 11he decision was never appealed to the City Council. 'I'le origlnal propoktl was to rezone 186.81 acres on both sides of Loop 288. However, a letter was submitled by the applicant on the day of the Planning and Zoning Commission meeting to limit file area under consideration to the 72.016 acres inside loop 288 (Attachment 3). NOTICE; Fifty-one (51) notifications were mailed on March 31, 1995. Most of file replies treated the p,cject as two distinct entities. 'Fie area outside it Loc- originally proposed as MF-R (Conditione l), SF-7 (Conditioned), ar ; -10 (Cc "loned), was almost universally opposed clue In the multi-family usc. 'Ii;e area being sidered tonight received favorable re x)rses. ANALYSIS Chapter 3 Development i'Aicies, Sec. B3 of the Denir )evelopment Pie )I.) outlines development ,)o'tcies for low intensity areas. The overall intenr ..ricy for low intensity areas is in red at 60 trips per day per acre. Sec. 133d of the DDI' Js as follows; • d. Diversity ighborhood Protection • I ow deti,,,y residential, small scatter;d sites of apartments, and nonresidential uses are encouraged in all areas of the City subject to the following limitations; 1) Strict site plan control within 1,600 feet of existing low density residential areas. Devlopmenl must maintain the character of the area with architectural design and landscaping. • 4 , • a • AgendaNo._15 Agenda Itoro . Strictly interpreted, this section would require any development needing a zoning change (including single family housing) to site plan if the proposed development were In a low intensity area and within 1,600 feet of existing low density areas. However, since the Denton sign, land development, and landscaping ordinance applies to development, this policy has been neither strictly nor regularly followed. Additionally, ,ite planeing for single and two family development iF essentially accomplished by the platting process, 2) Traffic desirn to ensure that multi-farnily and nonresidential uses have accesr to collectors or larger arterials with no direct access through re,idenllal streets. Mut;i-family use is defined by Clip. 3, Sec. 3De(2) of the DDP as apai+meni development with density of 12 units or more per acre. Thcre is 1,a ;milli-family use associated with the request before the Council this evening. Loop 288 is also considered an entranceway by DDP policy Chpt, 4, Sec. D Major F ntrauceways. 77he aesthetic issues raised in subsection 1, will be hugely addressed during the platting and building permit process for the development. 3) The overall density/intensity standard is not violated. 7'Ine overall inle-city standard for low intensity areas is 60 trips per day per gross acre. The proposal covers 72.016 acres. Total overall intensity for this proposal is calculated us follows; 72,016 x 60 trips/acre - 4,320.96 intensity tripe. The intensity for the proposal is calculated as follows 41,335 acres of SP-7 x 42 trips/acre=1,736 intensity trips, 30.681 acres of SF-10 x 30 trips/acre-920 intensity trips. Total intensity Iripsa2,656 • The proposed rezoning is clearly under the intensity standard of the DDP. 4) Sufficient green space, recreational facilities, and diversity of parks are provided. • The parks department has in its CIP a recreational facility of • approximately 20 acres at an unidentified location outside the Loop. However, this facility is not planned soon (at least 5 years out), and the applicant has not offered any land in accordance with the park s - c► • Agenda No Agendallem ,_O_ j A J dedication policy. (0 ~a 5) Input into planning by neighborhood associations and councils is encouraged. This policy Is Intended to generate input and not veto power. Neighborhood meetings (called by the applicaut) were held in the Civil Defense meeting room on March 15, 1995, and March 29, 1995. Both meetings lasted approximately 1.5 hours, and the applicant made substantial changes in the proposal after the March 15 meeting. This proposal also supports seve, it other stated policies of the DDP. These policies are: 1. Provide opportunities for diversified housing with emphasis on housing for low to moderate Income levels. 2. Promote in-rill development within the Loop 288 corridor to secure maximum utilization of existing services and infrastructure, 3. Protection of residential neighborhoods from the intrusion of incompatible lend uses, traffic, noise, and pollution. RECOMMENDATION The planning aid Zoning Commission recommends approval of this request w a condition proposed by the applicant (Attachment 3). ALTERNATIVES 1. Deny the application. 2. Approve with another zoning district or combination of toning districts, 3. Approve with additional conditions. 4. Postpone considerntion. ATTACHMENT'S 1. Zoning exhibit, 2. Location map, 3. Applicant letter. t 4. Applicant proposed conditions. • I-- s, • • I) /e \\l Jl"ry` I~ f / V/r, itl.~" //IV /i, X 1'MII lull \ Nn!:rll'1 I. 1111' I T null 111 Il n., „ Y \ I,IIn~-! ' \1~{ r 11 1,.., 1 + "+w 11 olsTRlcT 4 ~ DISiQICT 6 Ylifntlr_ku7 473 AporlmWs \SF-10 Requasfed on J ~nd _ --J Regrecled on 509 Acres ~':+ti 11 (7.85 Unlls/ D.~ [ Ir lr 'I M1, 24,156 Acres for lnn or mJ/J/yam i , 1 nrv ~vo 11 • i! II lr~~ DISFRICT 0) yI HC pRY. I L7 7. sr-7 Requested on I ESTT \ FZ•7{ 324704 Acres h 1 l ~1-,,~ { .«.r«. rw« _ F I t r w ..I r,lr v 1 wl1F - . .o ' n4 11 MMrHrr 14, 1+ I~o~r ' e • q tlyaf0 11+ % l ' +Y MIr111V rllun nl~I\\ I I L! { 4 10'x111' 1 IF , r, _'TT I ` r4 /:1 illu I~I ~ ~ ~EI_. ._ury l..r tt DISTRICT N2 1 F % - SF-10 Requeslad on _1_. 30.681 Acres r0 A I 11410 ZONING EXHIBIT • (i.~__! a ~h ISTRICT ks for 186.81 Acre SF-7 Requested on ( \'A n mi T E 8.631 Acres / \ d C0441 1 swvey, Austr Drl 28 \ L" II I 0. C0 Sul..y,lneit.o(I zee { fff l In 410 Cltr and County DI Donlan, 1 APR Of) 1995 1 14(rtp Ornnn rMlwll I M. and 0. W. Brown Burke fingtn erl [ Il+raysw,r yyl': I' PO 11119Yieo 191 A,rlan Orul [ Yn+r +ln ~J. 'Y Urnr✓r1, tu111502i Dlmu, hlu titM CO, In., I. s., ..tl try nrro rmibnU hnl+c4 e• IR¢4204W IIII le2`I+Ie aol: a ni ie Oi, r! 9 !I Mu 95 1 •M-.wr.Jt.._.rYwW'^.~Y-'..... t.• ° i+AMY+w~YU.'IYl♦Yiflfi'Y'it-.rv~-••. , • t ATTACHMENT 2 A~ICAIB~fBfl7_~,LLf / n ) 8 a NORTH _ SITE r r o dr Y FAW gendeNU._.~ `.YQ~Q_ t. 12 April 1995 ATTACHMENT 3IU Mr. Walter E. Reeves, Jr, Case Manager Department of Planning & Development City of Denton, Texas 215 E, McKinney St. Denton, Texas 76201 Re: BROWN 186.81 Acre Zoning Change Request Case # Z-95.005 Dear Walter: Mr, Brown has instructed me to request that the zoning change consideration tonight at the Planning & Zoning Commission meeting be modified as follows: 1• Please proceed with the zoning change for Districts #1, 2 & 3 as submitted, and 2. Postpone the zoning change hearing for Districts #4, 5 & 6. We are going to do more work on those districts and resubmit it zoning change request when that work is complete. Thanks for your help in this matter. Please contact me if you have questions or instructions. Respectfully, 1 Brian Burke, P.E. BRM BURKE P.E. 1318 Auburn Pv~e r Denton, Texas 76201 (817) 3824948 (Voice & PAX) V i L , r Y, A., i i } t,~d4 L~ }~rnl rLtir; r1 ~~'r i • • NOTES' ATTACHMENT 4 1. The purpose of this request is to change zoning on 186.809 acres from Agricultural to SF-7 (Conditioned), SF-10 and W-R (Conditioned), 2. The land 'Ls owned by the brothers R.M. Brown and o.W. Brown. he land was acquLeJ by their grandfather many years ago, it is the remainder ofa much larger area once owned by their family, The Browns are home and apartment builders and apartment owners. Theyy actively participate in the operation of their apartments, Mr, R,M, Brown is currently building homes in Deerwood Phase 1. 3. Detached single family house use is proposed for 126,564 acres in all districts except N4. Apartment use is proposed for 60,245 acres in District #14, All districts must comply with City of Denton rules and regulations when land within them is platted. The following additional conditions are proposed for some of the districts. PROPOSED CONDITIONS Districts ##1 & ##3 (41,335 Acres in SF-7 Detached Single No streets will cross the north district boundaries to Loop Family District #4 (60,245 Acres in Apartment Use): Minimum building setbacks are shown. Buildings will have a maximum height of 2 stories, except in the "One Story Zone where they will be one story. The maximum number of units will be four hundred seventy three (473). • No mom than two (2) intersections are proposed with Loop 288. The locations are subject to approval by the Texas Department of Transportation and the City of Denton. No streets will crass the north district boundary to the Charles Red land. • To enhance safety and Wows to Districts ##5 & ##6, a collector stre•,t will be built through Diatrk #14 to connect one of the Loop 288 invneictions with the Deerwood Parkway extension wdw access is available from District #i5 • or #i6 to Hartlee Field Road. Districts #i5 & 06 (54.548 Acres in Detached Single Family Use); Deerwood Parkway will be extended as a collector suw to the north boundary of the Brown land. Alignment is subject to approval by the City of Denton. It wi II be the only street designed to extend across the north or east h boundary of either district, unka another street extension Is requested by an • • adjacent land owner and approved by the Browns and the City of Denton, 4 i Minutes P&7, nrrnCUMEtar 7. ' 1 f 1 April 12, 1995 Page 6 I I VI_ Hold a public hearing and consider rezoning of 186.809 acres located north of Kings Row, on both sides of Loop 288, from the Agricultural (A) zoning district to the Single Family-7 Conditioned (SF-7)[c], Single Famlly-10 Conditioned (SF-10)[c] and Multi- Family Restricted Conditioned (MF-R)[c] zoning districts. Mr, Reeves: I would like to direct your attention to [he leller that I put on your desks. Mr. Burke who is representing the owner, Mr. Brown, has requested a change from what is on the agenda for this item. They would like you to consider only the area that is inside the Loop 288 and not consider the other area that is outside the loop 288 at this time. i Mr. Cochran: I believe [hat we can proceed with your report and we can acknowledge that letter when we take a vote. Mr. Reeves: The property that was originally petitioned to he rezoned, the properly inside of Loop 228 is part of a four hundred and seventy acre annexation approved on January 12, 1982. The portion outside of Loop 288 was annexed on June 8, 1987. There has been a previous petition before the Planning and Zoning Commission on the property inside of Loop 288. The Planning and Zoning Commission recommended denial of (hit[ petition and the applicants never pursued it to the City Council. We mailed out fifty notifications on March 31st and we received eleven responses. No one seemed to have a problem with the single family rezoning. I am going to go over the Inrcnsity analysis as it relates to the letter that you have before you. The subject property inside of Loop 288 consists of 72.016 acres and it is a low intensity area, Low intensity areas are allocated sixty trips per day per acre. The total intensity trips allocated for [his area is four thousand, three hundred and twenty-one. The proposal is for 41,335 acres of single family housing. According to Table 1 of the Denlon Development Plan, they are allowed Ihirty-two [rips per day per acre, The total is one thousand, seven hundred and thirty-six intensity (rips for the single family housing, The 30.681 of SF-10 is analyzed • on a basis of thir(y trips per day per acre for a total of nine hundred and twenty intensity trips, For the proposal inside of Loop 288 the total intensity trips is two thousand, six hundred and fifty-six which is sixty-one percent of the overall allocation of four thousand, three hundred and twenty-one intensity trips. The over all intensity standard is not violated. I spoke with Micki Oland from the Parks Department and they do have sonic plans for recreational facility somewhere outside of Loop 288. There was a neighborhood meeting on March 15th, and there was another meeting on March 29th. O At this point in time [he staff does recommend approval of the request that is in the staff • report and we also recommend approval of the area inside of Loop 288. Mr. Cochran: Would the petitioner like to speak at this time? • d s i N y:- ~~snllaNo qGs ,t t fe ~'J it Minutes P &Z April 12, 1995 # t. 'r ti Page 7 Mr. Brian Burke: My name is Brian Burke and I live at 1318 Auburn in Denton. The Brown family originally owned approximately a thousand acres in northeast Denton. This hundred and eight seven acres is the remainder of their property. Mike Brown and his brother, Joe Brown, are builders, developers, apartment owners and managers. They mainly have projects in Lewisville and Mesquite right now. Mr, Brown is moving to the Deerwood Addition which is adjacent to the property on the other side of [he Loop. We have been brain storming for quite a while, since probably early last fall. The biggest factor in terns of a quality development is the Loop. It has a big influence on that land. There is a very long frontage on both the inside and the outside of the Loop, Mr. Brown's experience has been that [he noise seems to be worse in District 4. On the original plan he had in mind to do single family and some townhouses. The neighbors from Kingston Trace did not like that idea at all so on the revision we came up with this idea. Another issue was drainage for this area. There is an approved channel between Kingston Trace 2 and 4. Our idea for drainage is to put storm detention in this area and up in here. Another detractor is the land uses around us, In PD-90 we have four plexes and one row of SF-10 lots along a common fine and then there is multifamily, duplex, and garden homes on that side. We mailed out this plan and an invitation to a neighborhood meeting to the same people who were on the city's mailing list. A lot of people showed up on March 15th and they were primarily from Kingston Trace on the opposite side of Kings Row and we discussed a lot of things. Our understanding of their preference was that this triangle not be townhouse but that it be SF-7, that there be a buffer of SF-10 here adjacent to their SF-10. Almost all of the land south of Kings Row is SF-10, there is a little bit of multi-family and there is a little bit of 917-7. Tile preference was clearly to have a transition there, So that is what we came back with on the inside of the Loop. On the outside of the IA)op there was a person from Oakbend in attendance at (lie first meeting and he suggested that there he a similar buffer of SF-10 over here adjacent to Oakbend. There was also concern about how near this land that we had designated as multi-family restricted is to existing to SF-7, Although Deerwood Phase I is zoned is SF-7 the lots are very large, I think that almost every one of them is more than ten thousand square feet. So there is concern about where we originally • showed a seventy-five foot building setback, for the revised plan we increased that to one hundred and fifty feet, We had a meeting March 291h and many more people showed up who had not been on the original mailing list. They indicated that they were very concerned. My understanding is that they were concerned about [he fact that apartments were proposed in the plan, We have been working, brain storming ever since and this morning at 11:15 Mr. Brown called me and said that he still wanted time to do some more research, some more thinking and that is why I submitted the letter to the Planning + r Department. We would like very much to proceed with this seventy-two acres down here. 1 believe that it is a good plan. We have suggested restrictions that would prohibit access from either District 1 or 3 directly to the Loop. We are trying to turn our backs • Ca 0 Minutes P&Z Apr' it 12, 1995 Page 8 13 r to the Loop. It is a tough feature to deal with and we think that it is appropriate to not even request access to the Loop from the single family part inside the Loop. This is step one and we want to secure zoning so that we can plat a phase of this development. Ms. Flemming: There are no apartments proposed for inside the Loop? Mr. Burke: That is correct. Inside of the Loop we are proposing and requesting SF-7 in Districts 1 and 3 and SF-10 in District 2. Mr. Cochran: Would anyone like to speak in favor of this petition? It would be only for [lie area inside of Loop 288 because the other area has been pulled by the petitioner. Mr, Fred Williams: My name is Fred Williams and I live at 2401 Salado. I would like to thank Mr. Brown and Mr, Burke, They have worked very closely with the residents in this area, and they have given us many concessions. We had a meeting of homeowners on March 141h and many of them are here. We support the proposed plans for District 1,2, and 3. The only concerns that we have and Mr. Burke has addressed those is the drainage problem on both ends of District 2 and 3 and District 1 is going to present a drainage problem and we know it. Loop 288 and Kings Row is a very hazardous intersection and in talking with the City I understand that there is a bond issue for a traffic light here, We would like for you to approve this and I would like for the homeowners in this district to rise to show their support. (Roughly ten people stood.) Mr. N Bright: My name is N Bright and I am the developer of Deerwood. Mr. Brown is a neighbor of Deerwood and he is moving his home Into Deerwood. He has been very cooperative in giving us easements. I feel that what he Is going to do is going to be an asset to the community. NVe speak in favor of it and we hope that you will approve it. Mr. Steve Roy: My name is Steve Roy and I am the sole resident on Deerfield, I live at 3101 Deerfield Drive. I submitted a letter and I hope that you all got a copy of it. 1 do support Mr. Brown and he has really tried to accommodate all of the people and their desires. By taking another look at the apartments in District 4 I think it would be to everyone's benefit and to the development of Denton. Mr. Cochran: Would anyone else like to speak in fak or of this petition? Would anyone ® like to speak in opposition to this petition'? The public hearing is closed. Mr. Burke I do have a question. You made a statement about noise being louder on one side as opposed to the other side. Can you explain that to me. ~ 0 s w • j{ olt Minut es P&Z V-0 April 12, f995 tc Page 9 14 1 a O Mr. Burke: I wish that I knew the reason. The land on the south side of the Loop is lower and the hill is increasing as you go northward. It just seems like it Is louder when you go over the brow of that hill and I don't know the reason. Mr, Reeves: There is one condition that is proposed and that is that there will be no access to Loop 288 from these districts. It was proposed by the applicant. Mr. Cochran: Any comments Commissioners? Mr. Norton: I would like to compliment Mr. Burke and Mr, Brown on the way that they worked with the community. I move that we approve the amended plan for District 1, 2, and 3 of this proposal as SF-10 and SF-7 with the condition of no entrance to Loop 288. Mr, Cooper: I'll second. Mr, Cochran: All those In favor please raise your right hand, All opposed same sign, Approved. (5-0) • i !'.i (f 1 Y 1 C. • ~ Il I !1 ~ ..I S per' 1 l Eiw ~~t llr5 •S 5 0 m E . ANPL-0CS VORDAP%CIASS lhluondaNo _ Ulto. . ' ` `J )5p cep U , ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTCN, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 CONDITIONED (SF-7(C)) AND SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 72.016 ACRES OF LAND LOCATED BETWEEN KINGS ROW AND LOOP 280; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Burke Engineering, on behalf of R.M. and G.W. Brown (owners of the property), has applied for a change in zoning for 72,016 acres of land from the Agricultural (A) zoning district classification to the Single Family 7 Conditioned (SF-7(C)) and Single Family 10 (SF-10) zoning district classifications; and WHEREAS, on April 12, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; iECTION I. That the zoning district classification and use designation of the 72.016 acres of land described in Exhibits 1 through 4, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district. classification and use designation to the Single Family 7 Conditioned (SF-7(C)) and Single Family 10 (SF-10) zoning district classifications and use designations under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition: That no streets will. intersect the north district boundaries of districts )(1 and 43, as indicated by Exhibit 1 and described by Exhibits 2 and 4, to Loop 288, SECTION II. That the City's official zoning map is amended to show the change in zoning district classification, SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, a SECTIoIq IV, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City • w • Aflo~tlaltant.. (~:,q~~.~tl. Date Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A, BUCEK, ACTING CITY ATTORNEY BY: T • PAGE2 • • zip ' ~i, lri'ir.( av sift') ,~~~c • • • EXHIBIT pl l ~r At 1. 71 . „ 1 G 1 11..r e. a 11 A DISTRICT `)/4 I ^r~ \ DISTRICT #6 1 1 415 Aparimdnts Requesled on 50 45 Ames / I Sf- 10 Requesled on " l l J - - ` II (7.85 dnils/ A.) N,156 ACfee n r I i '4 ~ f S~ r-i ~ I li y!'• l A \1~~~ -}-yi y^ I l rrl .~l DISTRICT K1 1 ~ \lpl 1~ IP o~ nr1 SI-1 Requesled on 11 y- In Y ' + 52.7011 Acres .RK,. tll I...'~I ras .11 r Y~Y r 4 1u nvl \ f" ! r I r 11r 11 _ _ 1 nl 1 \ 1 I I 11tl • f 1 1 11 1 rl ilil ~r.r.~rr r I ~ I DISTRICT p2 I, y F y vn I '11 _ 0+ r I SF-10 Requesled on 30.681 Ac resr Irr1'r mnr - Il Qi S~ 1 1 wT! • JI rp .1. _ EX ZONING H olsrRlcr Hs for 186.81 Ac 13 • p~l'F:. v 1 rii Sf-7 Requesled on ~n 1ne 8.651 Acres 3 CUflarl Smler, Aetlaoll 1 one nee U 1 Jp Sw rei. AW 1 f Ill in. (0, *nut aan'1 0 0 0, APR ! _ a N l • W a m n (r'll~11~~~~~\...•••JJJJJJI\ 111/ W.1gt rldL 44 U etr r1e.,, l uni„ A. M. and C. W. Brown Sump, nptne 1 1995 v n e.1 »ISe 1 1 e rnlr« . I. t'li.'1°+• u«11an btu ,bin Ornq..bw IenM ❑ru o.nan loll se:-ale I~, 1~, I n~llul "apk' ne•I ~o lrl vs •-~-1 -I x111 : r 1 I f! .~...wr~'r... , 1 w .rV.n Jpw.n/lM«eN~ r. • +u- • O r ~ r,11 l• a~ r x t~ ! i3 i T gentlaPJo.. DISTRICT 1 ~OGOIi<I~~ORI 14 r~ 7,79 Field notes to all that certain tract of land situated in the J. Colt urrey Abstract Number tab, Denton County, Texas and being a part of the called 200 acre tract describes in the Deed from Wilson N. Brow to J. D. Brown recorded in Volume 012, Pape 597 of the Dead Records of Denton County, Texas; the subject tract being more particularly described a followei BEGINNING for the Northwest Corner of the tract being described herein at a concrete right-of-way monument in the West line of the said Brown tract at its intersection with the Southerly right-of-way line of Loop 208 at the Northern Northwest corner of the tract described in the dAed to the State of Teams recorded in Volume 1029, Page 134 of the said Deed Records; THENCE Southeasterly with the South line of Loop 2881 1) South 61 Degrees S$ Minutes 43 Seconds East a distance of 700.66 feet to a concrete monument at the beginning of a curve to the right, having ■ radius of $619.59 feat; 2) Along the arc of the said curve an arc length of 966.02 feet (chord bearing of South 55 Degrees 11 Minutes 06 Seconds East a distance of 964.63) to a concrete monument at the and of the curvai 3) South 50 D*Z.ess 15 Minutes 37 Seconds East a distance of 99.10 feet to a concrete ronument; 4) South 47 Dogress 23 Minutes 51 Seconds seat a distance of 467.74 fat to the Northeast corner of the heroin described tracts TMUCE South 00 Degrees 01 Minutes S9 Seconds East across the Brawn tract a distance of 76.70 feet to the Southeast corner of the herein described tracts TRUCE South 63 Degrees 50 Minutes 0) Seconds Nest across the brow tract a distance of 1820.71 feet to the West line thereof; TMEMCE North 00 Degrees 26 Minutes 55 Seconds West along a tones with the vast line of the Brown tract a distance of 1337.28 feet to the PLACE 01 BEGINNING and enclosing 32.704 acres of land. 8 JDSS/95010 March 31, 1995 DISTRICT 2 Apidallarn~ (XIie __P_ - Field notes to all that certain tract of land situated in the tot Survey Abstract Number 2B8, Denton County, Texas and being a part of the called 200 acre tract described in the Deed from Wilson B. Brown to J. D, Brown recorded in Volume 812, Page S97 at the Dead Records of Denton County, Taxesi the subject tract being more particularly described as followst 0901WRINO on the North side of Rings Row for the SouttAmot corner of the tract being described herein, at as iron rod at the Southwest cornaz o' the said brow n tract in the recognized Most line of the Culp Survey and the Bast line of the S. McCracken Survey Abstract Number 1171 TBENCE North 00 Degrees 26 Minutes SS Seconds Nut along a teace with the recognized and occupied West lino of the said Brow tract passing the North line of the Culp Survey and the South line of the Coltart Survey and continuing along said course, in all, a total distance of 751.01 feet to a concrete right- of-way monument in the South line of Loop 281 as described in the dead to the State of Texas recorded in Volume 1029, Page 134 of said Deed Recordsi TRUCE North 89 Degrees S8 Minutes 01 Seconds East across the Brow tract a distance of. 1820.71 feet to the Northwest corner of the herein described tracts TRUCK South 00 Degrees of Minutes 59 Seconds East across the Brow tract a distance of 725,00 feet to the Southeast corner thereof in Rings Row) TMOR South 89 Degrees 58 Minutes 01 Seconds most along Kings .Row with the South line of the Brow tract a distance of 454.42 test to an iron rrd at an angle point theraint THENCE South 88 Aegzees 49 Minutes 50 Seconds West continuing along Rings Row with said South line a listence of 1361,11 feet to the PLACE OF BBOINXIM6 and enclosing 30.681 acrae of land. JDSS/95010 March 31, 1995 • a i i I • , 3 ..--,+.~.+-.._-err.-.tr._.~' ♦ w wr.. _ s ev P'(: ,y.n... . V C h [ (1 ! y ~T~! 4 `~f • • • m • Agondn% Y; ~ ~ ~ ~ Ar~endaltnnr~ _ DIMICT 3 lk o._ rXW NO17S to all that certain tract Of land situated in the J. Abstract *umber 280 and the D. Culp Survey Abstract Colton County, untyy Texas and being a part of the called 100 acre tract described 7 in Denton Dead from Nilson N. Brown to J. D. Brown recorded in Volume 010, Page $97 of the Dead Records of Denton County, Texasr the subject tract being more particularly described as follows, 9101W1N0 for the Southwest corner of the tract being described herein in the Southwesterly right•of-way of Loop 998 at an iron rod at the Southwest corner of the tract described in the dead to the State of Texas recorded in Volume 1029, Page 134 on South line of the brown tract in Rings Row, TH>IM South 89 Degrees 58 Minutes 01 Seconds Meat alocl zincs Row With ! South line of the said brown tract a distance of 993.36 feet to the Southwest corner of the herein described tract, he TBNMCN North 00 Degrees 01 Minutes 59 Seconds Nast across the Brown tract a distance of 801.20 feet to the the Morthwast corner of the herein described tract in the Southwesterly right-Of-way of Loop 280, TNNNCN South 47 Degrees 23 Minutes 51 Seconds Nast with the said right-of-way a distance of 314.28 fast to a concrete monument, TIMCS South 53 Degrees 07 Minutes 20 Seconds Bast continuing with the said right-of-way a distance 199.10 feet to a halt inch rods TWWCN South 50 Degrees 19 Minutes 50 Seconds Nast continuing with the said right of way a distance of 712.59 fast to the POINT OF B9OIMNINO and enclosing 8.631 4CXts of land. JD59/95010 March 31, 1995 • A c., v CITY C®UNCII ~H. rLy 1. 1-.,+Y... 1. j1t 1. is t. I F1 d f l A A r ~ ~ 4 r ~ M , • p0~~ r • O • • ~tlaNo .~6. AgaodaltR. ORDINANCE NO, _ Date ^j01 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CO RACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, 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 1732 ALL S.D.P.TELESPECTION INC, $ 48,056.00 1746 1&3 PRIESTER $ 29,537.00 1746 2 PREFERRED SALES $ 4,454,00 1746 4&5 WESCO $ 15,035.00 1754 ALL ARROW INDUSTRIES EXHIBIT "A" SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the 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 acceptod. • O • a • ~~E~~CIIV 111tu - e a~3 SECTION IV. That by the acceptance and approval of the bove 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 BYI APPROVED AS TO LEGAL FORMi MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • • 0 • Ilk ia*L BID 1754. Apdahla BID NAME REFUSE BAGS ARROW Agenuallem, OPEN DATE IND, Utto. APRIL 20, 1995 3 m~ f 3 TITY 1• 60/A4 30 ION PLAMC REFUSE $2.30 EXHIBIT 'A@ ROLLS BAOS, 1.5M1L. AS PER 77111 ATTACHED SPIIC7FICATIONS FOR LINEAR LOW DENSITY POLYETHYLENE. 52 BAGS PER ROLL 2. 1500 SMALL ROLL $1.32 ROLLS SAMFS AS ABOVE 30 BAOS PER ROLL iE ABOVE MANUFACIVRER CTRIMMS THIS BAG TO C.'ONTAIN LINEAR LOW 40% DENSP!'Y PCN.YIiTIIYLENE RESIN. DELIVERY 7-14 DAYS r Vi, 1 ii 3~`t i. f4/1i ~5 ,Ft M ~`'r {>.cHja,,~+.{~S~i1 ~3 w7 t>'tl.. • • r DATE: MAY 2, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council - ~pntlaNo FROM: Lloyd V. Harrell, City Manager AflpOual~ppl~-C~ SUBJECT; BID 01732 - SELF-PROPELLED POWER DOLLY lrt ""D ~I 6b `3 RECOMMENDATION: WO recommend this bid be awarded to the bidder meeting specs ication, S,D.P. Telespectien, Inc„ In the total amount of $48,056,00, SUMMARY: This bid is for the purchase of a self-propelled power dolly. This machine is used by the Electric Distribution Department in transporting and setting utility poles and padmount transformers in areas such as back lot easements, which are unaccessiblo by normal utility trucks. The lower bid of U. E. C. offered a 18 horsepower motor instead of the 20 horsepower specified and only 4 wheel "all wheel" drive Instead of the 6 wheel "all wheel" drive as specified. Both requirements are necessary to assure adequate power and traction, Two bids were received In response to four bid packages mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Fara Emadi dated 4-10-95. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Department, Electric Utility Customers o the City of Denton. FISCAL IMPACT: Budgeted Funds for Electric Distribution Motor Pool replacement for 1998 Account #610-103-1031-4260-8811 with a balance of $195o940.79. 4ityy cfu lly s b fitted: V.liarrell Prepared by: Manager • Name: loniae larpool Title: Senior Buyer Ap ved: Hume: 'Em D. Shaw, C. P. M. Title: Purchasing Agent / 597.AOENDA Willem • • • ...:'cc ,..,.,:.:.,.,,,•4.;rnn+F.~.zaivna.«,It41ri1.f,fD..YAA.b"d,..")Y•~Y?6XM4W t°d, b:.?d~}•4f 7f!'),,. i' ti AME SELF-PROPELLED POWER uP.C SDP NO BID !4 a DOLLY EASEMENT MACHINE T6LFSPP.C TION RFSPONSBS N DATE FEBRUARY 23, 1995 6E G`RTPTf~F _VENRP 1. ELF PROPELLED EASEMENT $38,577.00 $42,211.00 COMMERCIAL BODY a 1 MACHINE I,.r. TANDEM TRAILER $5,250.00 s8,84s.00 <t" TOTAL $41,827.00 $48,058.00 f DELIVERY 80-90 DAYS 45-80 DAYS ADDENDUM YES YES I ' i i a • ru • p~orltl~lNo _ ggcr aft~rq J dal, Cl' OF E- NTON M9N1C1PAL U77LITIES 901 •A TEXAS STREET DENTON. TEXAS 76201 M E M O R A N D U M TO: Tom Shaw, Purchasing Agent FROM: Para Emadi, Engineering Tech 11 Electric OH; UP.D/Services DATE: April 10, 1995 SUBJECT: ACCEPTANCE OF BID 41732 The City of Denton Utilities recommends the acceptance of Bid 41732 for the purchase of the Self-Propelled Power Dolly Easement Machine to S.D.P. Telespection, Inc. They are tKe low bidders to meet our specifications. Specifications were asked for: 1. 20 hp motor S.D.P. Telespection, Inc. bid 20 hp UEC bid 16 hp 2. Need "all-wheel" drive vehicle S.D.P. Telespection, Inc, bid 6-wheel drive UEC did not. The main purpose of this machine is to set poles, replace padmount transformers in back lot easements that are inaccessible by heavy equipment, which necessitates excavating holes for pole installation and/or replacement by hand without use , this machine. One of the major concerns in the ingress and egress of these easements is to have adequate power and traction to • accomplish these assignments. Both of these areas have ccused undue duress in the past. 02'275012 • cc: Ji.m Harden, Director, Eleetr.c Utilities • • "Dedieated to Quality Servka" • 0 • • DATE: MAY 2, 1955 CITY COUNCIL REPORT TO: Mayor and Members of the City Council ~ l1 AendaNo...~~-=-..V f FROM, Lloyd V. }carrell, C,ty Manager DfPiu.,llAlrl ~.1 5j1- SUBJECT: BID $ 1748 - DISTRIBUTION TRANSFORMERS q~ 13 RF_COMMFNDATION: We recommend this bid be awarded to the low evaluated bi der for each ifem-a~ol ows: ITEM TRANSFORMER VENDOR TOTAL 1&3 2500KVA & 225KVA PRIESTER 2 167 KVA PREFERRED SALES $ 4,454 $ 5' . 00 4&5 25KVA & 50KVA WES^.O 00 $15,035.00 For a total expenditure of $49,028.00 SUMMARY: This bid is for the purchase of padmounted and conventional overhead transformers. These transformers will be used by the Electric Distribution Department in new developments and for back up stock, Nine proposals were received in response to nineteen bid packaged mailed to vendors, BACKGROUND: Tabulation Sheet, Memorandum and Evaluation from Festus Okolie dated- 4-10-i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electrlo Distribution Department, Electric utility Customers o the City o Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution for 1595 Account #810- 103-1031-3880-'6222-C536801A with a balance of $200,052.70. Re ctfuJly submitted: H • Prepared by: ty Manager Name: Denise Harpoo~ ' Title: Senior Buyer { Nlp o vedName: Tom D. Shaw, C.P,M. Title: Purchasing Agent 596.ADENDA s r { 1 1746 AA B DISTRIBUTION G 1 VAN !RAN TEMPLE TBCHLINB WBSCO CUMMINS PRBPBRRRD [BS RBS I POLgLINg +.('V TN AN SPORMSR9 BALES! RLBCT. ELECT. f ELECTRIC 'IR 1 1-N-97 SUPPLY OLST. DIST. 1 Y DE~C_RI PTION I~QR V N ...__......_yNN_N_. .V.~ `:...~.~R_.... VR.~ ...5 483' L NSORMSN, TADMOUNi IO 1700 ZVAL27712"V _ t2349000 12210H.00 179730.00 119,{01.00 NO BID 112697.00 117,330.00 NO 610 Np BID 3E mm, I TRANSURMBR PADMOUNT IO - - ! _j... _ _ 10>KVA~ 110/IIOV _ 11.900.00_ {~9J!_00 I7 Sip so RANSFORMBk. PADMOUN ~f11.00 ~1 310_00 7137,00 2 211.00 17341.00 -N, BID a1 .A✓~ CN iT 70 . I/d10 00 _ 11 ~73 100 BIO -_i!![VA 120/110V U,0l700 1377700_ 14310.00 NO BIG NO BID , _ No 11119. T'1 1 1$9 Cif (TRANSFORMER CONVENTIONAL - - _ 4 OYBR HEAD, 16I3LVA1120210V NO BID ISU 00 1171.00 1119.00 IS31.00 43u.oo 1393.00 q01, 01 1371.00 rJ1 k 10AC/1 QTR ANSPOR FIER CONVEN710 NAL ~1 1 L_ OVERISEA D, 1 030RV A, 110R/0V T= NO BID 7Rf.00 _ 1730.00 9110.00 174f,00 1711.00 _ 1109_00 DELIVERY 70 DAYS 4-17 WEEKS 1-10 W[S lO WIU 10-I1 WC1 ` l1 DA 0'S 101 DAYS O WS8` r COOPER RRMCO AID( 1746 POWER BID NAME DISTRIBUTION SAM PRIEBTER SYST, TRANSFORMERS ANOELO SUPPLY (OPEN DATE 1-21-93 ELECTRIC 1. ..EF~11tl~Y I,:. V 1. IRACH TRANSFORMER, PADMOUNT $0 1300 [VA, 771/110V Its 116.00 _110,919,00 MAZER IND. 7. !EACH IRANBFORMER, PADMOUNT IO RANKORMBR j lf7ZYh tIW1MY / 07A00 ,-_,_J1.144.00 3BACH TRANSFORMER, PADYOUNT PIT 30 211 ZVA. lt0/110V 01119.00 4144.00 1. If EACH TRANSFORMER, CONVENTIONAL y_ OVERHBAD. 1011ZV 110,240V 0614.00 37 ,10 f71106ACH TRANSFORMER, CON VENTIONAL L"~_OYBRNEAD~ 1030ZVA, 1201310V 1111.00 4409.00 DELIVERY I 20 DAYS 105 DAYS I ~1 r',~' Y I 1 4 1t~ ~~•1f4~~11 .t ,5~~~} • • 'tJCRff^NO 1+1~ Jlrm r _ ► Q~ 13 CITY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET DENTOlV. TEXAS 76201 TO: _ Denise Harpool, Purchasing Senior Buyer FROM: Festus Okolie, Engineering Associate DATE: April 10, 1995 SUBJECT; PURCHASE OF (A) 167 KVA, 225 KVA, AND 2500 KVA PADMOUNT TRANSFORMERS (B) 25 KVA AND 50 KVA CONVENTIONAL OVERHEAD TRANSFORMERS BID# 1746, The Electric Utility Staff recommends the purchase of the 25 KVA, 50 KVA, 167 KVA, 225 KVA, 2500 KVA Padmount (PMT) and Conventional (CONY) type transformers (bid number 1746) from WESCO, PREFERRED SALES and PRIESTER as tabulated below. for the total cost of $49,026.00. BIDDER TRANSFORMER TOTAL PRICE SIZE, VOLTAGE, PHASE TYPE QTY PREFERRED 167KVA, 240/48OV, 10 PMT 2 4,454.00 PRIESTER 225KVA, 120124OV, 30 PMT 3 12,558.00 j PRIESTER 2500KVA. 27714BOV. 30 PMT 1 16,979.00 WESCO 250A. 120/240V, 10 CONY 15 7.935.00 WESCO 50KVA, 120124OV, 10 CONY 10 /,100.00 • SUM TOTAL = $49,026.00 The evaluation was based on the calculated cost (Initial and Operating). Transformers with lower bid unit cost but higher power losses resulted in higher calculated costs. See the attached transformer evaluation sheet. r • s cc. Jim Harder, Director of Electric Utilities Joe Cherri. Electric Engineering Administrator Ralph K)inke, Superintendent of Electric Distr")ution 'vedreated to Quallty Servke" O GQ • C _ r I': NO 11 m_,~.._. f ~ 1RAN>fd)FIMLR EVALUATION SHf:ET 10 APHIL4. 1995 DID N 1T46 PREPARED BY, FESTUSOKOLIE EXHIBIT 1 LOSSICOST EVALUATION OF A 167K`rA, 240/480V SINGLE PHASE PADMOUNTED LOOP FEED TRANSFORMER MADE NIL TL I DELIVERY BID UNIT IICALCULATED Sj %Z TIME (WKS) COST f UNIT COST BIDDER Y OSS .SLOSSC POLCINE PREF. SALES C. MOLONE 317 4243 I P;$ DID CUMMINS C. MOLONEY 3171 12431 11.651 110 0 $2.227.00 1 $14,028 l 185 $2.316.00 $14,327 I , TF.CHUNE IIOWARO 2781 13751 159E 10-20 $2,330.00 $14,762 I+ PRIESTER COOPER 224 17401 2131 13 $2,156,00 $15,469 KOS ELECT. 1 COOPER 224 1740 2.13 12 $2,224.00 $15,699 I KBS ELECT. 2 ERMCO 2721 1651 200 26 $2,345.00 $15,937 WESCO ADD 327 1195 iI1 1.12 8- 10 $2,085.00 $16,092 VANTRAN VANTRAN 3101 13701 190 10 $2.960.00 $17,004 TC MP PL 1553111 2.46 8 $3,935.00 510.999 r SESCO ' I GE 5ESG0 295360I 17601.. 3.2 17 $403.00 $22,698 I LOSSICOST EVALUATION OF A 225KVA PADMOUNT, 120/240V THREE PHASE TRANSFORMER RADIAL FEED MADE NIL TL DELIVERY BID UNIT )aAI VUwtb BIDDER BY OSSF.S~ LOSSES %Z TIME (WKS) COST UNIT COST CUMMING, 1 , NO AID KOS ELECT 2 NO DID li POLELINE I 1 NO RID _ _ PRIESTER COOPER 591 2276 3 .1.8 13_11 ..=4,108.00 =24,40Q TECHLINE HOWARD 406 23d6f 192 I8-20 $1,45" $24,693 KDS ELECT, 1 COOPER 591 2'~6 3 18 17. _ $4 31000 $24,827 PREF. SALES PAUWELS 433 i 123 2.70 6 - 10 _ $4,459 00 $24,980 WESCO ADD 414 2172 1.47 6 - 10 $4,738.00 $25,030 SESCO SESCO 490 2140 400th 17 $5,789.00 _ $28,674 TEMPLE GE 4061 2936 .4, 571 17 $5277.0 1 0 _ $29,229 VANTRAN VANTRAN 590 2620 4,40 10 $585700 _ $31,140 LOSSICOST EVAI,UATION OF A 2500KVA PADMOUNT, 2771460V 3 PHASE RADIAL FEED TRANSFORMER I TL DELIVERY ( DIU UNIT CALCULATED • BIDDER MADE: ILOSSESi LOSSES+ %Z TIME.(WI< COST UNITC097 CUMMINo ( NO BID 1 KBS ELECT 2 NO BID POE EUNEc NO HI[) PRIESTER COOPER 3133 18887 5.03 15 $18,019.00 $133,373 KBS ELECT, 1 COOPER 31331 18687 5.03 14 $f 7,330,00 $134,559 WE_SCO ABB 2157 17"'1 5.68 8 - 10 31'),600YL _ $134,679 TFMPLE GE 2175 15464 574 17, $22,98800 $137,897 TECHLINE HOWARD 2224 20403 5.75 16--20 0922900 $141,106 r• PREF. SALES P2215 18231 5.3510 ffi $2269200 $l45,&i4 VANTRAN NTRAN 70020700 5.75 10 $25,450.00 $170,609 Sf:5C0 SCO 69004 80700 5.70 $230 17 $2 { 8,826,00 ,277 ii A Ix FFAF181Dt81D1740 A A • • r ~eodaNn . ~ , . A~}3r}t?81t8 Onto_.___, . j TRANSFORMER EVALUATION SHEET ? APRIL 4. 1995 BID 0 1746 all 3__.. PREPAREDBY: FES'USO!COLIE EXHIBIT 1 LOSS/COST EVALUATION OF A 26KVA CONVENTIONAL 120/240V SINGLE PHASE TRANSFORMER MADE I NL TL I DELIVERY BID UNIT ' CALCULATE BIDDER _ BY. _ LOSSE LOSSES %Z TIME _(WKS) ..,.COST UNIT COST„ VANTRAN NO RD 'i WESCO ABB 67 311 2 27 a- 10 _ ^ ;529.00 =3,921 PREF, SALES C. MOLONE 67 326 _ f 73 10 $512, D0 $3.368 + PRIESTER COOPER 70 273 l74 13 $575.00 $3,372 KBS ELECT I COOPER 70 273 174 12 ____$59300 53,433 CUMMINS C, MOLON_ E, 67 d2 ----373-1 8 __I73 10 553200 y3,435 TFMPLE OE 54 238 4 $51400 $3,618 POLELINE KUHLMAN 66 313 180 6 $574.00 $3,610 i IKBS ELECT 2 ERMCO 38 384 -212, 1 _18 $501.00 13_835 f TECHLINE HOWARD 68 417 20 26_-_27 $474.00 _f3,561_ SESCO SEscO 651 435 .200 17_.._..._.._.._.__.24.00. t4t275 I LOSS/COST EVALUATION OF A 50KVA CONVENTIONAL _12r7/240V-SINGLE PHASE TRANSFORMER .,..,MADE. NL TL f~EL1YERY 010 UNIT.. CALdIJ TEr BIOOEff BY L039E L098ES .,?bZ 11f1AF.,(WKS) .0037 , _ ..UNIT QQBT, VANTRAN NO BID WESCO AH0 93 878 2.40 8 _ 10 171000,8A103 PREF, SALES C. MOLONE 128 537 1.37 10 571800 35,197. CUMMINS C. MOLONE 128 537 ,._.1.37 _10 1748.00 _$5.282 POLELINE KUHLMAN 108 _ 652 1.70 A _ _ 179400 $5433 TEMPLE GE- 131 607 2,18 4 __$72600 $5628 PRIESTER COOPER 108 439 5J 196900. _ $5,548 KBS ELECT 2 ERMCO 119 507 $887.00 _26`60E KBS ELECT. I COOPER 1D6 439 1.60 12 _$999.00 5,847 TECHLING' HOWARD 11t 654 1.95 25 _27 ¢73000 35,654 f ISESCO 9_ESCO I8C 710 2=60 -tr---- X84:00 _ X012 I e !J A.1x F'MN8101BiD174E ~ • • ~Y1°°•._.•. ~ • w...~+w~.rtllulYw':o i,C. iiir- . • • DATE: MAY 2, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council T1~~ AG Lloyd Lloyd V. Harrell, City Manager AjJEII~d~18R1~ SUBJECT: BID # 1754 - REFUSE BAGS IR3ie._ .d~___c ,aI3 RECOMMENDATION: We recommend this bid be awarded to the low bi der, Arrow Industries, for the unit prices of 12.30 per 52 bag roll and $1.32 for the 30 bag roll. This will be an estimated annual c.,cvondlture of $139,980.00. SUMMARY: This bid is for an annual price agreement for the purchase of plastic refuse bags, which are issued to residential solid waste customers of the City of Donton. These bags are inventory stock and issued to the Solid Wast Department fur distribution to customers. This bid will be in effect for one year with renewal at the a..:nc terms. Four bid proposals were received in rasponse to eight bid packages mailed to vendors. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: Warehouse Working Capital, Solid Waste Department, Resldentlal Solid Waste Customers of the City of Denton. FISCAL IMPACT: Warehouse Working Capital for 1995 Account Number #710-043- 0582, speeccttfully submitted: U Lloyd V. Harrel City Manager Prepared by: Name: Denise carpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 601.AGENDA ,.w~...-may.... . • r -rwrM.-. ',lid W, ti... i • w • • . .-r.. .i. .y..,•....••••r........r"oer,avr.r .np... r. nrn,ro r: n:v, r..a ter.1M.n..n,.o,..r.etwrcfxvMww.,'N.':rv/a4fPMvNANVRIY' IND NAME REFUSE BAGS ARROW COATINO DYNA POLY- ~r L IND. b I PACK AMERICAN PEN DATE APRIL 20, 1998 LAMINATI I VENDOR VENDOR VENDO tU ' i r !M~ 30 GALLON PLASTIC REFUSE 52.30 $2.52 $3.17 $3.92 `J LLS. BAGS, 1.5MILr AS PER THE I ~ ATTACHED SPECIFICATIONS FOR LINEAR LOW DENSITY POLYETHYLENE. 52 BAGS I+i PER ROLL c~ `C i 2. 1500 SMALL ROLL $1.32 $1.45 $1153 $2.26 ROLLS SAMF,S AS ABOVE 30 BAGS PER ROLL HE ABOVE ANUFACTURER CERTIPIFMES THIS BAG TO CONTAIN LINEAR LOW 400A 40% 90% DENSITY POLYETHYLENE RESIN. s DRLIVERY 7-14 DAYS 30 DAYS 30 DAYS 30 DAYS ~ E i r i I A I • ~ _ _ r /4r.MNM.1~lM/JWIYIPL:.:W 1Y••• • ~ , vj, n q} ,u:sti • f~ ' ' 4 i 14i'!l t r F ~ ~'~it',1 L~y rrwrr 0 f• ~ l CITY COUNCIL c 4 a ~a ` o A e o • s~ Oo"• y•00~~ O O l A d r • A~endaNo. Agndalt ORDINANCE NO. Q AN ORDINANCE AMENDING ORDINANCE NO. 95-045 RELATING TO THE A RD OF BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on March 7, 1995 authorized the award of a contract for HVAC Renovation for Recreational Centers to DRT Mechanical per Ordinance No. 95-045; and WHEREAS, the City Manager desires to resend award to DRT Mechanical for Bid 1729 and award the contract for purchase of HVAC Renovation for Recreation Centers to Able Sheet Metal and Air Conditioning; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! SECTION I. That Ordinance No. 95-045 is hereby amended to provide for the purchase of HVAC Renovation for Recreation Centers from Able Sheet Metal and Air Conditioning pursuant to the terms of Bid 1729. SECTION II. That the award of Bid 1729 is hereby amended to provide for additional compensation of ;4,230.00; total price payable to Able Sheet Metal and Air Conditioning $89,300.00 under this ordinance. SECTION III. That the funds for this amendment are to expended from the Facilities Management Budget Funds approved by the City Council in the 1994-95 budget. SECTION IV. That this ordinance shall became effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 11995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ • APPROVED AS TO LEGAL FORM: • MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ntv:eao • Q • DATE:: MAY 2, 1998 CITY COUNCIL REPORT TO: Mayor and Members of the City Council ApQr~l;;llerR.,, FROM: Lloyd V. Harrell, City Manager jhPS -ti~ t_Q --,g5 SUBJECT: BID # 1729- HVAC RENOVATION FOR RECREATION CENTER ~ (RE-AWARD) RECOMMENDATION: We recommend the award of Bid #I729-HVAC Renovation for Recreation Centers to DRT Mechanical be reerinded and re-award be made to Able Sheet Metal and Air Conditioning in the amount of $89,300.00. SUMMARY: Bid #1729 for HVAC Renovation at both North Lakes and Denis Recreatlon Centers was awarded to the lowest bidder, DRT Mechanical on March 7, 1995, In the amount of $85,050.00. Contracts were mailed to DRT on March 9, 1995. On April 13, 1995, a representative of ART, Mr. Rick McCauley, notified us that d+te to financial difficulty they were unable to acquire performance bonds and payment bonds required in the bid and contract. The contract has been withdrawn from DRT and the second lowest bidder, Able Sheet Metal and Air Conditioning, has confirmed their bid price is still available for acceptance. We feel that if the bid from Able Sheet Metal is not accepted, we will see an increase in price and completlon time since school renovation projects are traditionally preformed during the summer. With the $4,250,00 price Increase we are still well under projected funds. Able Sheet Metal Intends to use the same ma;,e and model roof top air conditioning units accepted from DRT. j BACKGROUND: Tabulation Sheet, Letter from Able Sheet Metal dated April 17, 1995. PROGRAMS, D67)ARTMENTS OR G 10UPS AFFECTED: Recreation Center participants, Facilities Management 5111slon, Able Sheet Metal. FISCAL IMPACT: Funds for this HVAC Renovation project will come from 1994/95 budget 'iinda Account Number #100-032-0002-8502. • pectfully su mitted: City Menagor • App ved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 599.AOEN9A • . Nr . ....,...a e;pv.. s'. •.,W r~.+st-v,n ^.vrvrr.n.. :,a1:.~a.nw.,.nr Ylgt~a r?AM1•nr}y:+lnfY1 VrYh`.fNbYriP'Mk~~';W):°R1;r. # 1729 NAME ROOFTOP FLV A.C. CBS ARM FIAU. HEROF.R DRT ARGYLE RLPI ACBA~NI' MI!CHANIC:AL I MFAILANICAI` IMPT WMANICAL F MFC1iAN1CA1. MECHANICAL DATE FEBRUARY 16, 1995 a __._llFSCRIPTION ! VMAMOR _ „VFIIiDOR_, V[3A~I)OR_ VL+t11X)R VENDOR VENDOR WR V, r C7' BID I T EM NO. 1 5791020,96 $73,490.00 SM.".00 $77.5011.00 $77,878,00 $64,70D.00 $79,858.00 C 2 f 7T I2NATE NO.1 S20.007.70 SZ1,400.00 520,000.00 $20,900.00 w 500.00 $20 350.00 I $21 000,00 YFS YES YES YES YES YES YES BOND • • r • • ~~1, t r 3 I x;41 • w • Apto Na / J L21/,6 ti. Ager~dalte (ate. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR WATER QUALITY ASSESSMENT FEES FOR THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC) AS PER SENATE BILL 818 EFFECTIVE JUNE 1991; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with Texas Natural Resources Conservation Commission (TNRCC) requirements, the City of Denton is required to pay water Quality Assessment Fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of $28,140.00 to be paid to Texas Natural Resources Conservation Commission (TNRCC), is hereby authorized. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. 1995. PASSED AND APPROVED this the - day of ' BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER ;4ALTERS, CITY SECRETARY Y BY: N APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: s . DATE: MAY 2, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council1C11(~afd0, af~C i iu;l! lF, fft,~,4 FROM: Lloyd V. Harrell, City Manager SUBJECT: CHECK REQUISITION - TEXAS NATURAL. RESOURCES CONSER TION COMMISSION (TNRCC) -;28,140.00 RECOMMENDATION: We recommend this check request to TNRCC he approved In he amount of 28,140.00. SUMMARY: This check request is for payments of $120006.00 for Water Quality assessment fees for FY 94 and $16,134.00 for Water Quality Assessment fee for FY 95. Total payment Is $28,140.00. This fee is based upon permitted waste water flow limits effective on September I of each year. BACKGPOUND: Check Request dated April 24, 1995, Invoice from TNRCC, TNRCC Literature explaining the fees. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utilities, Water Reclamation Plant . FISCAL IMPACT: Funds for foe payments to TNRCC will come from 1994-95 budget funds Account (Number 625-082-0470-8502. R ectfully submitted: t1 loyd 4'. Harrell Approved: City Manager ~ Name: 'Porn D. Shaw, L'.P.M. Title: Purchasing Agent 600.AGF.NDA w e , FI 0 I- eta 0 CHECK REQUISITIOM -VOUCHER Apei~tl~^No.~ w A~Caaa~lc~n,.r ; to q PAY T0: cNFCx NuMeta Texas Natural Resource Conservation Commission $28,140.00 AMOUNT P.O. Box 100580 Utilities - Water Reclamation Plant (0470) DEPARTMENT Houston, Texas 77212-0580 April 24, 1995 INVOICE DALE, NUMBER ANDlOR EXPLANATION A1:CT, NO. NET INV. AMT. Permit N 010027-003 FY,94 Water Quality Assessment Fee 625-082-0470-8502 $12,006.00 Permit d 010027-003 FY:95 Water Quality Assessment Fee 625-082-0470-8502 16,134.00 o TOTAL $28,140.00 o THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED. , • AOCOUNIINO APP"A1 SIONAIUh ~ CI VECI gANAGFR APPaOVAL gaEGf0110f FINANCE APMOVAI ' • • BILLING BATE 04/13/95 ' 1} DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO 0000601466 $28140.00 10/30/94 TEXAS NATURAL RESOURCE PLEASE INDICATE ADDRESS CHANGE ON BACK CONS24VATION COMMISSION P.O. BOX 100500 INVOICES NOT PAID BY DUE DATE HOUSTON, TEXAS 77212-0560 WILL ACCRUE PENALTIES DENTON, CITY OF 215 E. MCKI:VNEY STRRXT ~Jor,dnNP ll~J DENTON, TEXAS 76201 TEXAS PACE SOURCE CONSERVATION 'COMSIO4 ~k rin '4rlll~ek'.,~NwAT;UnRw ALA8 ' C MISY r rem ~i °~rn~`4iV f++,~, ariSLil r~~.I f .Q~ ~1 f1 7j 1~i S 9~y r1~~ 1fc '~1.1~ i i 1. /t .k • ' I✓ .r.~q 4 r ( rZ 4. 1t .I' 0 IJ%94 WQA001465 PERMIT 0100 03 YT 94- ~2fJ6G,bb 12006 f WATER QUALITY ASSESSMENT FSIy, dN , opi6A4 W0001884 PERMIT , 61'027-60'31f F~llr 9'! 16 S s+ < r i r I ~~4 p0 ~814d WATER'Qt1ALIG7C$~i>y'eShl~t}11 .fl Iz~ Y ,1 r e 1 ~ ,y ril s ~ 6' ~~1 .ff it r .;'Ihl 'r sl~~? i i',f ~ r{ i~~T~.i y'~r~1t ~r~~~~nf M 11~ 1 j eft ~ ~ LJ ~"~r , ~ ~ ,1I 'r ~ ~ h•s J Jt>. S. , ~ 1 'r I tr r 1 "{r , i l '.f , i1 lir J L ref II'~~< t H~ Ai. t ~Ca , f 1. S i f , .~r r •w r l ~~7Q~5 5~; r rA~, ! 1! H 141~}~r~ ~~1 .err i~,y S u: 1' 1 r °1, Gk~'.~~,fi r~❑i~t~7.~j1 C~' Y4~ i DUPt,xCA+TE COPY • LSAau RETURN TOP'OOtiTI0g OirimOIC>b-'1~2 r ; AYkZNT. TO ENSURIS PRbPl; CRRDIT, INCL i CCOVNT tVCJ1mg 0!t I7m : 2R41414 Ypa.'' , t fiACC I.;r,. A~f l f~+tl .C • • 0000601466 8140.00 0.00 8140.01 - ml, BILLING DATE' PLEA98 PAY THIS AMOUNT LAST PAYMENT. 5Y - INCLUDE ACCOUNT NUNM ON CHE, FWJ 11174 0278-99$-LT8:94 1-1 011 NO1Nm .-0 All :,J] C2:60 fTHl %,-F:T-Moj • • SqqqNgggI/// ~~~B~{{v: Xer ox to Ibc,+n,ur 7021 A-25-95 7:b0 RI'731 :7 SU'1~ a1T 3B3 7302iM 2 /96 12.111 483 7804 TNRCC IM002 r + Answer j s to Frequently ~ Asked Questions Texas • Natural • Resource, • C07ge~[Vglpn i Commission FY 1995 Fees For Wastewater Permits Crean Rivers Program Y I!i' O&nal lVatd►' quality Assessment Program) Why to This Fee Assessed? ' now amounts are taken as the daily average now limit Senate Bill 818, which wen( into effect In June, 1991, In the permit' where the Oermlt doer not specify a duly requires It comprehensive ware, quality assessment (evaiu• the a duverage ly flow im N 50 the charge is based on per f careacilityer of tion) in each river basin in Texas, in most cases, the the of the fum liow l charge fee per f Is assessment a done by a river authority, or another desig- nated kcrl government, in cooperation with the Texts Natural Resource Conservation Comnylssion (TNRCC, previousi the Texas 1V Cen37a perrd Flow Y alcr Commission). Senate Bi!I 8) 8 requires the Cummaslon to recover the X78 perMGp reasonable cost., of the assessment program from wastowater V^OMfeaTin"w tgasu pemdt holders and waver right holders. Commission rules $1.75 per MOD (TAC, Sections 320121-.22) established the fee calculadon method dawn bcd below. e' to of ru f ahar sy a3 P per r to of dolly y auttRhlsr irepon WhY Am I Billed For Twu Programs? riwill not ThC water quality assessment and Ow wastewaror inspi edon beForJOSS pemu thou s whiSm00ch author g alhmn$40,discharge000. , the r fee programs are separate functions with separate billings. Each disc , norm ore pa no• is based on outhoriution iimits in your wastewater permit, harge permits, the fee is $ 520200. Por in inactlva permits, bus the rates and methods of calculation are different. Irma fee 11 $ 110. • When & How Are The Fees Of Whist Are The Terms? Calculated 6 Bills Sent? 'f T'h°ss Trms4 The following denniNons will help understood the fee Previous bills for wastewater permits for this prUyram were ealcOalion methudt sent in February, I992, March, 1993 and May, 1994, Uncontaminated Flow, Non contact cooling water or flereafttr, U19 will be sent in September *reach year, • The fee cal.ulation tnelhud is as follows; mixed now' which contain at least 90 percent non- • • The fee is based on the permitted flow llmis and process wuiew Viler and not more than 1 MOD of traditional pollutant limits without regard to the actual amount or quality of the discharge for the permitted COCAS!0 W stew ter Sanitarysewer wastewater, facility, pees are calculated front the permit limits In mom is 10 p ceteeme,nt or mitts wastewater containing efftct on September f, +nora than 10 process wutewater. _(orandaised on back) 04 Mmed on rocycIed paper wWits soy-based Ink ,d`P 25 1,95 Q18: AA r317.'JF3 M07 PACE, 002•• 0 MEN • 1 W • SLNf t1Y:%er ox laior,optor 'IU21 4 -F5-95 9:61 ai'r!a U5U 1-• 04126, of) 08:25 43'512 483 7904 TT7RCC t e~L ,~~~~~3 , r<~ Traditlonol PoUutantAt Oxygen demand (BODX)OIV Cl p TOC), total suspended solids USS), or ! No-diacha +mmoala. fit~YH May 1 Obtain A C Of disahareis lA *nnltno~ which does effluent authorize ■ Permit, Or of The Fee ~ules specified. Parameter A COPY ufyour r TNRCC's Record S~Crr cep at be obtained 3by contacting What Is The "Fr an all fee for copying. 7Ttero Is a What Does It Mean? For Information on where to obtain Copies of fee rules SectlOns 326,11,22) for this (TAC, The "F'Y"ia Ne "fiscal year" of the C)mmiaalon, it is lbe Flrcedom Unit at 512/239 Program, contacl the TNRCC time period from September 1 through August 31, which is 0028 and request a copy of also the • r7blolnln8 the Ruler, Period that the fee assessment and payment covers, "I" have a PC and rttodrnti TNR What If You can dial 512f239.0700 to r roach The Feea ShoWn On The The BB c n"flfolrmeticalatboutB~ NRCC dthel Are Not Correct? X11 onvironmental services the As enc CC and the to 14,400 baud modems a onY svsrovides, It supports up Any request for recalculation of fees moat be aubmttlad nladon settings; NO most eom !n writing, and the amount not In queatbs must be paid Putty, 8 datable, I sl nMn rommu. by rite due date. Please refer to the back of the bill for duplex /23 if you shod uld have trouble aacccesssing the w"donal Information, including the telephone number BBS, call f 51 512l239.0yI1, (Owner names A.I(; 512/239.0343 and Owner names L7,; if my Permit Has 312/239-0354) to call with gnestlons abo the bill. Por ~xPlrad, DO 1 questions about the water quality ut assessment Prngr Owe The Fee? Still Senate Bill 818, you may ca11 5121239.4416. em under If our Y Permit expired before September 1, 1995, the fee is If I Am Not Able To Pa The Fee not owed. By The due Data, WIII My Permit Where Be Cancelled Cr Another' Action Taken? IS The Wastewater Treatment Facility Located? When a wastewater delayed until your deg quent fees are paid nHo veN will be ne a•sthodzcd location of the wastewaters (WWTP) is described on the front reatme facility permit renewal will not be delayed if a request for - nth of Your permit, pe 'm'ite Non of the recaleula fee was prOPorly submitted but has not yet been POrmifft'll parameters are included in the body of he e processed b as~Y b kglnafng On the second page. permit, now e provislcnRn hetrule fosr Interest note : there is delinquent fees. Petrallks for NOW Much Time Do I Have To Pay The Fee? Oe 1 Send Part Of The Bill With This fee 6 due 30 days aRer the invoke data shover on r the Payment? "ho PAYtnent coupon (roP part of biii) must tv sent with the Payment to Assure credit to the proper account pro Ov~Nm &ws 9 ,stafaw MrOMaarKN • 09 tm NaAASSA.R 612/239.0343 NaArs 012/23847364 If I have A Wastewater Prlrmlt ! And A Water Use permit, Will I s e, Per l-'w rtdoti 512/239.45.3 Be Billed For Both? When Are TPA$ Bills Sent For Water Rights? E Where a n:uniclpel or industris! water right is for use in CONSEAVACE VAT1ON ® assoc""'on with a facility or operation for which there is also Fi COWSS(ON • • a wastewater permit that munfcipa) or fhdusldel water use P-0- nancWA&W~ uat ratian bivislnn Box 13087 . authorizeNon is exemPl from these fees. Other water rights, ustin, Texas 78711-3087 J except those for irigat on, will be billed soon aflar this A wattew t „fir A cr hiiing«V+.AM1r wa.n ■~~ti ,w 7H(aJ yl MYrkF as jz~ rwc w n tip rFear4 1Atr, Ants. Ta JA/ It dale. ri^R J" 'qF G1F7: d5 r?I?'(q'?'JSp'7 Pogt: tMi • o . 0 I - ~a y ~ CITY COUNCIL r r~ xs: t j: { u1i ~ kA o p to 4 a a • m • Agrda No A9917da4em_A0 l GJ9 DAff 19. 05_-02.95 CITY COUNCIL REPORT FORMAT 11.5 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBP Adoption of an ordinance amending Resolution No. R93-026; authorizing the City Manager to sign and submit an amendment to the 1993 Final Statement of Community Development Objectives and Projected Use of Funds submitted June 14, 1993. RFCpMMENDATFON: The Community Development Advisory Committee recommends approval. BACKGROtLN 1: Or, June 14, 1993 City Council approved the Community Development Final Statement. The Final Statement included $13,796 for repair of sidewalks near Audra Lane and Lee Elementary School. In late June 1993, staff received new demographic information from HUD indicating that the area where sidewalks were to be repaired was no lougcr in the CDBO targeted area, Along with 1995 requests for funding, the Engineering and Transportation staff recently recommended use of the $13,796 for sidewalk repair in another area. The project consists of replacing and repairing 178 square yards of sidewalk along the west side of Bell Avenue, between Withers and Texas Street. Sidewalks and ramps will be added at each intersection. SUMMARY: The amendment will approve the use of $13,796 in 1993 CDBO funds for sidewalk repairs along the west side of Bell Avenue. The amendment is also • included in the 1995.20(X) Consolidated Plan. PROORAMS. DEPAR'I,MEN'1'S OR GROUPS AFFECTED: Users of the sidewalks along Bell Avenue Engineering and Transportation Department • Community Development Staff 4~(IRLCORxuvo4A"W)Rr I • 0 • a • ~r;^IdoND.. ~RUnda'!om IMPACT: D,le.__ _ Includod In the allocated funding is $I,000 for costs incurred by Enginee~nZn9 Transportation staff. The Community Development staff will monitor the project for compliance with regulations, There should be no impact on the general fund. Attachments: Copy of Ordinance Copy of Project Summary from Consolidated Plan 1 Respe illy ssuubmitte& v LI d V, Harrell City Manager Prepared by: Bdrbara Ross Community Development Administrator Approved: rank Robb ns, AICP Dfrector for Planning Development • 9 4KGNKLCORRU 993AM ENV RF 2 r..Mwr~n,...~.vMy~w..lln.... i., . YM ..✓aL.. iY Va'I~.V.a .v 1 , 1 ~ l A u~ 'i i J ~ i l t~ ,.i~ t ` % Jt b(ry ~~d~++.~yZ~{4~~`:I~~'t~)'~~rt~d ~iYyi ~4~~(~+i~fS+~1yIk, ~{t~{ • - as • E:\NPDOCS\ORD\REPEAL.RRS ) rrn 3 cs~ is ORDINANCE NO. _ AN ORDINANCE ADOPTED BY THE CITY OF DENTON, TEXAS, AMENDING RESOLUTION NO. R93-026; AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1993 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 14, 1993 TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; WHEREAS, the City of Denton has a special concern for persons of low and moderate income; WHEREAS, the: City of Denton, as an entitlement city, has pre- pared, through a citizen participation process, a program for uti- lizing its 1993 entitlement funds in the approximate amount of $1,072,130; and WHEREAS, the City of. Denton now desires to reallocate an ap- proximate amount of $13,796 of the funds previously allocated to sidewalk repairs on Audra Lane near Lee Elementary School to sidewalk repairs on Bell Avenue between Withers and Texas Street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION,L. That the City Council of the City of Denton autho- rizes the City Manager to submit to the Department of Housing and Urban Development an amendment for the reallocation of funds in the 1993 Final Statement that was previously submitted for a grant ap- plication with appropriate assurance for entitlement funds under the Housing and Community Development Act of 1974, as amended, to provide $13,796 for sidewalk repairs on Bell Avenue. • SECTION ;I. That the City Council authorizes the city Manager or his designee to handle all fiscal and administrative matters re- lated to the amended final statement. SECTION 111. That this ordinance shall becom,: effective im- mediately upon its passage and approval, • PASSED AND APPROVEr this the day of 1995. ~ • • BOB CASTLEBERRY, MAYOR • d • A • 60ondJnNo. n ~Ir~3~,7:d~om ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ~ C~ . • Page 2 ' • • ~ f ! P d I f J ~ t ~ r/ 1 L Jl i t J l ~ 2 1 , 1 1 t 1 J 1+ 1, tr • • City of Denton Consolidated Plan U,S. Department of Housing and Urban Development i CPD Consolidated Plan - Listing of Proposed Projects b FY 1995-96 ' T~tD/ Project Title / Activity Code / Proposed it al Code Description Title I Citation Funding Sources Accomplishments 't s 0 BELL AVENUE SIDEWALK REPAIR 031, CDBG $ 13,796 180 Households (Genera I) o PROJECT HOME $ 0 CDBH Sidewalks I ESO $ 0 t' This project consists of replacing and repairing 178 570.201(e) HOPWA $ 0 aqua a yards of sidewalk along the west side of Bell EUBTOTAL, S 13,7% Avenue, between Withers and Texas Street. FHA funding S 0 Sidewalks and ramps will be added at each Assisted Hsu $ 0 intersection to eliminate the steps/major elevation TOTAL: $ 13,7% differcncas. The entire length of the sidewalk will be removed and replaced as trees and age have Prior Year Money: YES resulted in heavy deterioration. i 1. • • 120 ~~44~jy`'9iNktttPK~i wTlt~l~Y(ar;T,~ASn a 444 i' 41 CITY COUNCIL t 1 ~ or a• k ® ~a of ~ o ~ y e 0 M, I ~O~ • p i ngenda~o 0!6 , AQnnlfallemM~~r'~ ~D.l i May 2, 1995 1 61 o CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider approval of an Ordinance for the City of Denton, Texas, authorizing the City Manager to execute an Electric Reliability Council of Texas, Inc. membership application between the City of Denton and Electric Reliability I Council of Texas, Inc. RECOMMENDATIONa Staff recommends approval of Whetted ordinance and membership application agreement for the Electric Reliability Council of Texas ("ERCOT" SUMMARY/BACKGROUND: The attached ordinance authorizes the City Manager to execute an Electric Reliability Council of Texas Membership application between the City of Denton and ERCOT, Inc. The ordinance authorizes the City Manager to appoint a representative to represent the City of Denton as a member of the Electric Reliability Council of Texas. Denton has been u member of the ERCOT organization and it's predecessor organization the Texas Interconnected Systems, since Its foundation in the early 19701x. The purpose of the organization is to promote the reliable operation of the electric power systems in Texas by, 1) Interchange of information for planning of electric facilities and during times of system crisis, 2) Providing communication and data on operations on a real time basis, ® 3) Assuring an adequate bulk power system for Texas through the coordinated efforts of the membership. l • as • Page 2 The members of ERCOT are the six private power companies of Texas; approximately 30 municipal electric systems, approximately 35 rural electric co-ops, one state power authority, plus in 1994, ERCOT invited non-utility generators (HUGS) to join. In 1994 after the bylaws were amended to invite NUGS Into ERCOT membership, ERGOT requested all existing members to file a formal application for membership. This ordinance authorized the City Manager to file such an applications. Denton's dues for ERCOT memberships are $1,826 per year and are based on a formula of Denton's size as compared to the electric power Industry in Texas. Bob Nelson has served on the ERCOT Board of Directors since 1978, representing Denton and TMPA's interests, as well as, the interests of the smaller municipally owned electric utilities in Texas. Respect iiy/submitted, y i.lo V. Harrell, City Manager Prepared by: Z R. E. Nelson, Executive Director Department of Utilitles • Exhibit 1: Bylaws 11: Membership Application Agreement III: Ordinance i r r • • ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC, MEMBERSHIP APPLICATION AGREEME THIS AGREEMENT is made and entorod into this day of r 19_, by and between the Electrse Reliability Council or Texas, Inc. (hereinafter referrod to as "ERCOT"), whose office is I"ted at 7200 North MoPac Expressway, Suite 260, Austin, Texas 78791 and (horeinaRor referred to as "Applicant"), whose principal oillce Is located at WHEREAS, ERCOT s purpose is to promote the reliable operation of Intrastate lnterconnacted power systems in the state of Texas; and WHEREAS, Applicant doslros to boouma a Member o(ERCOT; NOW, THEREFORE, In consideration of the forugoing and the covenants and agreements of the Pemba ast forth herein, ERGOT and Applicant agree as follows; SECTION 1. Applicant certiflos and atwats that it is an entity; (a) Which owns, conlreia and olwrates an electric power system in Texan, all or part or which censidtn of rar.aities for the generation, transmission or distribution of electric onargy In intrastate oommerce only Inve and exoopt for those purchases, transmissions or sales of ekectrie ensrp that (1) are made pursuant to an order of tho Federal Rnerp Regulatory Commission under Sections 210, 211 and 212 of the Federal Power Act, r as amended, such as that entorod in 17ERC Dockot EL 79.8 and M do not subject an entity to jurisdiction under Soction 201 of that Act) and; (b) Which oRora electric utility service to all members or the general pubhe (membe n snrvad by rurnl oloetrio onaporstivoa and munielpel Nelnt ration • electric power agonolas shall be considered "public' for the ptcmoso of this provisio:.) or gonorutes electric enorgy for sale to and resale by a public utility. I a~a+ i EXHIBIT 11 • h a • - Al;tflrl3l~U ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC, MEMBE 4UHIPAi'P(,fC IONAaREEMENT SECTION Applicant agrees to comply with applicable planning ar-•', operating criteria and guides adopted by the ERCOT Board of Directors to maintain oloctric systom reliability and coordinate planning with other Members. Applicant will share planning Information with other Members neoassary to perform these obligAl ions. 9" MON S. Applies,it Agrees to share in this funding of the coats and expenses of ERCOT es provided In the Bylaws of the Electric Reliability council of Tares, Inc, 0wrelnaller refereed to as "Bylaws"), 911Cftt N 4, Applicant agrees to obldo by all other provislone of the Bylaws, SECTION A. ERGOT agrees to extend w Applicant all rights and privilogos of membsrahip so set out in the Bylaws, SECTION B, Applicant, once a Member, may withdraw from participation In the activities of ERCOT at any time upon thirty (30) days written notion, whoreupon it shall aerie to be a Member, SECTION T, The ERCOT Board of Dimclorw may dony Any Membership Applloatlon or revoke the membership of any Member who does not comply with the terms of this agroement or the Bylaws IN WiTNF3S WHEREOF, tho partius havu cuuwud this Membership Application Agreement to be executed In two (2) midtiplo counterparts by their authorizod reprosontadves me of the day and year first above written. • f LECPRIC RELIABILITY COUNC' L APPLICANT OF TEXAS, INC. BY; IIY; Authorlaed Reprewontatrve Authorized Itopnlaontatlve f TITLE; Trrl,E; _ • r J z t~ • • M v FI ' 1,, Ar). , ~J C9~ i c6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRIC RELIABILITY COUNCIL OF TEXAo, INC. MEMBERSHIP APPLICATION BETWEEN THE CITY OF DENTON AND ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi BBCTION I. That the City Council hereby authorizes the/City Manager to execute an Electric Reliability Council of Texas, Inc Membership Application Agreement between the City of Denton and Electric Reliability Council of Texas, Inc, ("BACOT") allowing the City of Denton to become a member of EACOT, a copy of which is attached hereto and incorporated by reference herein, SECTION II. That the City Manager is hereby authorized to appoint representatives to represent the City of Denton as a Member of ERCOT, SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PARSED AND APPROVED this the ~ day of , 1999, O CA8 , ATTESTi JENNIFER WALTFRS, CITY SECRETARY • BYr APPROVED AS TO LEGAL FORMi MICHAEL A. BUCRK, ACTING CITY ATTORNEY BYr 1 .)7r 7 c I EXHIBIT Ili • • Originnlly Approved fort] Adoption on September 7, 1990 Revised - September 15, 1994 BYLAWS OF ELECTRIC RELIABILITY COUNCIL OE' TEXAS, INC. (A Texas Non-Profit Corporation) ARTICLE E PURPOSE' Wi9n 1.1 The purpose of the corporation (hereinafter referred to as the "Council") Is to promote the reliable operation of power systems by; (a) Exchanging information concerning the planning and operation of generating, transmission and distribution facilities; (b) 1xchanging information pertinent to materials, supplies, equipment and manpower available to others In the restoration of service disrupted by hurricanes, cyclones, tornadoes, floods, riots, enemy attack and disorders; (c) Maintaining direct communication channels for the purpose of rendering aid to other participating electric systems in the event of sabotage or enemy attack; • (d) Providing a means of exchanging information and system data and for making necessary regional studies designed to increase the reliability of such power systems under all normal and abnormal circumstances; (e) Ctcating a vehicle for the reporting, where appropriate, of information to regulatory agencies and • (f) Maintaining adequate reliability of bulk power supply facilities and other r facilities of participating electric systems through coordination of planning and ~ optrations, EXHIBIT • • 5-a --~7 Section 1.2 The responsibility of the Council is to assist in Ihtacc levcAent of the purposes set out in Section 1,1 above; however, this responsibility shall not conflict with the responsibility of the individual electric systeins and associations to carry out their own coordination of planning and operation within their respective areas. Section 1.3 Such purpose is intended to be carried out in accordance with the Texas Non-Profit Corporation Act, the provisions of the Texas Tax Code and the United States Internal Revenue Code applicable to non-profit corporations, and all other applicable laws, riles and regulations. ARTfC1,F if MGMBLRSIIIP SiCCt?U21 Mgllt.ll[fLS2, Membership in the Council is open to any entity: (a) Which owns, controls and operates an electric power system in Texas, all or part t of which consists of facilities for the generation, transmission or distribution of electric energy in intrastate commerce only [save and except for those purchases, transmissions or sales of electric energy that (1) are made pursuant to an order of the Federal Energy Rcgulalory ConuniMi0ih under Sections 2,10, 211 and 212 of the Federal Power Act, as amended, such as that emend in FFRC Docket &1.. 79,8 and (2) do not subject an entity tojurisdiction under Section 201 of that Act] und; (b) Which offers electric utility service to all members of the general public (members served by rural electric cooperatives and municipal joint action electric power agencies shall he considered "public" for the purpose of this provision) of generates electric energy for sale to and resale by a public utility. Any entity which meets the above qualifications and has applied to participate in accordance with these Bylaws, shall be deemed a "Member" so long as that entity continues to meet these qualirications and obligations. • " n 2.*, QbllIIttllS?1L-joLt}ll ktg1]]11m. Each Member will comply with applicable planning and operating criteria and guides adopted by [lie Board of Directors to maintain electric system reliability and coordinate planning with other Members, Members must share planning information with other Members necessary to perform +hese obligations, Members will also provide information to the Board of Directors as set out In ti:;icle V of these Bylaws and share In funding the costs and expenses of the Council as set out in Article X of • these Bylaws. Members agree to notify the Board of Directors if they are not complying with 2 0 o • se • ~rr t:n 95 all provisions of these Bylaws or applicable planning and operating criteria and gut es adopted by the Board of Directors. Section 2.1, $ggresentatton, Each Member shall appoint a representative, which representative shall be one of its employees (whenever the word "employee" is used herein, it shall mean either an employee of the Member or of a parent, subsidiary or affiliate of the Member) to act for It at the meetings of (lie Members and shall give to the Chairman of the Board of Directors in writing the name of the person thus appointed, S :lion 2,4• Maktigi-of RC resentatlyps, The representatives of the Members shall meet at least annually on a date and at a place to be established by the Board of Directors r ("Annual Meeting"), Additional meetings of the representatives may be held provided that such meetings have been authorized by the Board of Directors and provided that written notice of any such meeting shall be mailed to all representatives at least three (3) weeks prior to the scheduled date of the meeting. Representation at any meeting of the Council of at least fifty percent (50%) of the voting strength, determined in accordance wish Article 111, shall constitute a quorum for the transaction of business at such meeting, At the Annual Meeting, the representatives of the Members shall elect members of the Board of Directors, approve the annual budget, and conduct such other business as may properly be brought before them, ARTICLE' III VOTING STRUNOTH OFF COUNCIL MEMBERS Prior to each Annual Meeting, the Chairman of the Board of Directors shall have prepared and sent to each Member it written tabulation showing the voting strength of each Member. The voting strength shall be determined by the following formula: I V 10()0 x (0,6x(AQ/'1')A-0,2x(D/EF)+0.2x(F/0)] j where; M = Average MWH sales by the Member through the intrastate system during 11 the three (3) preceding calendar years, T = The sum of M for all Members, D = The Member's hnstallsd net generating capacity, E = 'I he sum of D for all Members. • F = The sum of circuit miles of non-radiul transmission lines owned or leased ' and operated by the Member times the respective operating voltage for facilities 60 KV and above, 3 e ra r~ G = The sum of F for all Members, U V = Voting strength of the Member (expressed in nearest whole number, but not less than one vote per Member). Such voting strength shall prevail from the convening of each Annual Meeting until the convening of the next following Annual Meeting. Fach Member shall report for each year, on a calendar basis, the energy account for its system. For each Member, the value of M in the formula shall be the average of the energy accounts for the three (3) calendar years immediately preceding the next Annual Meeting. Such energy reports shall be made to the Chairman of the Board of Directors not less than three (3) months prior to the next Annual Meeting, r ARTICLE, IV BOARD OF DIRHCTORS &0iwL_4A- Mgiaat1d Power , The affairs of the Council shall be mans ed by the Board of Directors, which may exercise all such powers of the Council and do all such lawful acts and things as are not prohibited by statute, by [lie Articles of Incorporation of the Council (the "Articles of Incorporation") or by these Bylaws. Included among the powers of the hoard of Directors is the power to make the rules for the governance of its own business and of the business of the Council and to take all such actions and to do all such things as, in the sole Judgment and discretion of such Board of Directors, shall be necessary or desirable in furtherance of the interests of the Council. The Board of Directors shall have the specific responsibilities set out in Article V. Swim- L2. L~Iiu1~L4C,_ LF~Ii4.D.3I1S(_LQtJ11i@ The Board of Directors shall consist of fifteen (IS) directors, elected from among the representatives of the Members by tho.qe representatives. The Board of Pirectocs shall be selected so as to provide representation, insofar as practicable, from each of the various type, of Members; Le,, investor-owned, state, municipal and cooperative utilities and non-utility generators. The Board of Directors shall include at least six (6) representatives of investor-owned utilities, at Ica,( three (3) representatives of rmuidcipal utilities, at least one (1) representative of state authorities, at least one (1) representative of non- utility generators generating electric energy for sale to and resale by a public utility and at least two (2) representatives of cooperative utilities, which representatives shall be elected respectively by the mvority vote or (lie represwilatives of Members of the types specified. The two additional members of (lie Board or Directors shall be elected by majority vote,, (as established r in Article ❑I above) of the re lire scrstatIves of all Members preset and voting at the mceling, (D Fach member of the Board or Direclors shall be elected annually for a term of one (1) year and by a maJority of the votes (as established in Article III above) of representatives of 4 k E t ~ >a • • Jan )0 0., 1% Members present and voting at such meeting or until his earlier resignation or remove Any director may risign at any time upon notice to the Council, 's Section 4 3. chailLnyL;~i V.. c Chili _ra . The Board of Directors shall elect, annually from the Board's membership, a Chairman and it Vice Chairman. Section 4.4. Vacancy, Directors may he removed by the representatives of the Mombers that had the right to elect them, with or without cause, at any time. The right to elect directors may not be assigned, sold, pledged or transferred in any manner. Vacancies may be filled only by the election of a new director by representatives of the Members that had the right to elect the director whose departure created the vacancy. The director so chosen shall hold office until his successor is duly elected and qualified or until his earlier resignation or removal. Se ti n 4.5. Mcetl gs. Meetings of the Board of Directors, regular or special, shall he held at least annually, either within or without the Stale of Texas, at the call of the Chairman. Meetings of the Board of Directors shall be held at such time and at such place as may from time to time be determined by the Board of Directors. Special meetings of the Board of Directors may be called by the Chairman. Notice thereof slating the place, dale and hour of Ilse meeting shall be given to each director either by mail not less then 48 hours before the date of the meeting, by telephone, telegram, or telecopy on 24 hours' notice or on such shorter notice as the person or persons calling such meeting may deem necessary or appropriate in the circumstances. A waiver of notice in writing signed by the person or persons entitled to such notice, whether before or after the lime stetted therein, shall be equivalent to the giving of such notice. Attendance or a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends it meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting need be specified in the notice or waiver of notice of tch meeting unless otherwise required by law. S€gfiQ ._4A. Quorum' AqItsD by Director . Except as may be otherwise specifically provided by law, the Articles of Incorporation or these Bylaws, at all meetings of the Board of Directors, nine (9) members of the entire Board of Directors shall constitute a quormn for the transaction of business. Each member of the Board of Directors may designale an alternate representative from his organization who may attend meetings in the absence of the member and vote in the member's behalf. The act of a majority of the Board of Directors, at • a meeting at which a quorum is present, shall be the act of the Board of Directors, unless the act of a greater number is otherwise required by law, the Articles of Incorporation or these Bylaws. If a quorum shall not be preseilt at any meeting of the Board of Directors, the directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a qucrum shall be present. • Smion 4.Z, ©cliQn~~UlwuL~..iFt l11?E WISLdts~1111E5-$X.TedcYh4ri4. Unless otherwise provided by law, the Articles of Incorporation or these Bylaws, any action required or permitted to be taken at any meeting of the board of Directors or of any committee thereof 6 S l • ca • may be taken without a meeting, if a consent in writing, setting forth the action toy e taken, shall be signed by all the directors or members of the committee, as the case may be. Mtmbers of the Board of Directors or members of any committee designated by such board may participate in and hold a meeting of such members, board or committee by means V a conference telephone or other similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this Section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened, &"'pn.43. C92wnil vi. The Board of Directors shall appoint an Executive Committee and it Technical Advisory Committee, as hereinafter prescribed. Each such committee shall consist of two or more persons, who may or may not be directors. The designation of such committees and the delegation thereto of authority shall rim operate to relieve the Board of Directors, or any individual director, of any responsibility imposed upon it or him by law, Any non-director who becomes a member of any such committee shall have the same responsibility with respect to such cornminee as a director who is a member thereof. v ARTICLE V FUNCTIONS OF BOARD OF DIRECTORS &clivn 5 l It shall be the duty of the Board of Directors to initiate the action required, in their opinion, to fulfill the proposes of the Council as stated in Article I within the limitations of the Articles of incorporation, applicable law and these Bylaws. The Board of Directors or such committee(s) as may be formed by the Board of Directors or individual(s) appointed by the Board of Directors shall (a) assemble and distribute to Members information from each member with respect to the items mentioned in Article I, Section 1.1 above; (b) assemble and distribute ' to Members information pertaining to reliability of service; (c) aid in obtaining information requested by any Member or group of Members pertaining to matters related to availability and reliability of service; (d) recommend criteria for such elements of design as affect the reliability of any interconnected bulk power system and recommend procedures for the effective establishment of up-to-date information which is vital in maintaining maximum reliability in the • important segment of the electric utility systems between the bulk power supply and the ultimate consumer; (e) report, where appropriate, information to regulatory agencies concerned with reliability; (f) determine and establish guidelines with regard to coordination of planning and operation of the systems of the Members, and (g) review and evaluate operating criteria and procedures affecting the reliability of bulk power supply and other facilities of Members. • Sectlon,'L2 rich Member shall report to the Board of Directors in such form and ' • • for such period of lime as may be requester) by the Board from time to time such available data t 6 } b • d • Q • F for its system as is reasonably necessary to prepare and file reports to regulatory ag ncies as provided for in Section 5.1(e), S€6QtL`.,2 Each Member shall inform the Board of Directors of its plans for generation jr transmission addifions which significantly affect the reliability of operation of the bulk power supply system and shall report any decisions as to alterations or changes proposed t for their respective electric systems whether in generation, transmission, distribution, intersystem communication or control or protective equipment, which may significantly affect the reliability of the interconnected bulk power systems. Scd3ion 5 4 Each Member shall inform the Board of Directors of operating p ocedures or changes in operating procedures which may significantly affect the ratability of operation of such systems. Upon receipt of such information, the Board of Directors shall study and evaluate (or shpli direct such committee, subconvnillee or task force as it may appoint to study and to evaluate) the operating procedures or proposed changes in oly rruing procedures, S€QI14U,5 The Chairman of the Board of Directors shall report to the representatives of the Members any findings, conclusions and recommendations of the Board with respect to such additions, alterations, operating procedures or proposed changes in operating procedures. ARTICLE VI EXIiCUTIVE CUMN11'1` FIT; ,ai&kt1._U, M€wt( rs, The Executive Committee shall be composed of the Chairman and Vice-Chairman of the Board of Directors, the Chairman of the Technical Advisory Committee and the Executive Director, Between meetings of the Bot,rd of Directors, the Execulive Commiltee shall have and may exercise all the Ix)wcrs of the Board of Directors in conducting the ordinary course of the business and affairs of the Council, including the employment of, and arranging remuneration for, management personnel, other than the Executive Director; provided that the ExecIIIIVC Committee shall not amend these Bylaws nr the Articles of Incorporation of the Council, elect members to fill vacancies on the Board of • Directors or appoint any officers, borrow money or amend or repeal any resolution of file Board of Directors. A majority of the Cv ecntive Committee (i,e„ three members thereof? shall constitute a quorum for the transaction of business. The Executive Committee shall keep minutes of its meetings, which shall be submitted to each member of the Board of Directors within thirty (30) days after each meeting. Meetings of the Executive Committee shall be subject to the call of the Chairman on such notice as he may deem reasonable. The Chairman may call upon any other member of the Board of Directors to act temporarily as a member of • the Executive Committee in the place of any absent member of the Executive Committee. i 7 P ) 1 1 • Q • 61`5 ARTICLE: VII NON`.INATING COMMITTEE, &slbIL21. Aonointmen . A Nominating Committee shall be appointed by the Chairman of the Board of Directors at least one (1) month In advance of the Annual Meeting, The Nominating Committee shall consist of rive (5) repre5:watives of the Members, one (1) of whom shall represent municipal utilities, one (1) of whom s Eall represent cooperative utilities or state authorities, one (1) of whom shall represenl non-utility generators generating electric energy for sale to and resale by a public utility and two (2) of whom shall represent investor- owned utititic6. It shall be the duty of the Nominating Committee to receive the names of thirteen (13) representatives selected to serve as members of the Board of Directors by the groups of Members having appointment rights and to nominate two (2) additional representatives to complete the slate of fifteen (15) directors. The Isvo (2) representatives nominated by the Nominating Committee shall be submitted for election at the Annual Meeting, Additional ! nominations for election to tite Board of Directors may be made at the Annual Meeting; however, representatives of the Members appointed in accordance with Article IV, Section 4.2 and duly reported to the Nominating Committee shall be binding upon the representatives of all Members. &cjipa1,2 In advance of the Annual Meeting each of the groups of Members having appointment rights under Article IV, Scclion 4.2, shall notify the Nominating Committee of their respective selections. In the event that such selections are not reported to the Nominating Committee, the Nominating Committee shall nominate an additional number of representatives sufficient to complete a fourteen (14) member slate, and any representative so nominated shall be submitted for election at the Annual Meeting. ARTICLE VIII ~ TEsCHNICAL ADVISORY COMMITTEE Scstt4tt $ 1. Aa2QjaLu=, The Board of Directors shall appoint the chairman and • members of a Technical Advisory Committee from eligible employees of Members, Persons eligible for membership on the Technical Advisory Committee must be employed by Members who operate a control area, certified by the Board of Directors, that has a peak demand of over 100 MW, Those Members whose employees were members of the Technical Advisory Committee as of October I, 1993 may continue to have employees as members of the Committee. 8 0 0 • all 0 cc IL Section @.2• Functions of is inical Aslyism Committ Thelechnical Advisory Commiace shall, itself or through its subcommittees, (a) make such studies and plans as it deems appropriate to accomplish the purposes of the Council and the duties of its subcommittees, (b) review and coordinate the activities and reports of its subcommittees, (c) make such recommendations to the Board of Directors as it, deems appropriate, including recommendations for the adoption of guidelines and criteria, (d) perform such other duties as directed by the Board of Directors and (e) submit an annual budget to the Board of Directors covering expenditures of projects proposed by the'technical Advisory Committee, such expenses to be paid by the Members in accordance with Article 10, Section 10,3, 'temporary guidelines, criteria and other actions approved by the Technical Advisory Commillce shall be considered effective on an interim basis until the next meeting of the Board of Directors when permanent guidelines and criteria can be considered, Section 8. 3, Sll!>.UMMi.RW. The Technical Advisory Committee shall appoint at the Annual Meeting, from employees of Members represented on the Technical Advisory Committee, the Chairman and members of the Engineering, Operating and Fnviroll mental Subcommittees. Plembership of the subcommittees shall Include representatives from each entity i represented on the 'technical Advisory Committee. The Technical Advisory Committee may appoint, from among Its members and the members of its subcommittees, such other subcommittees, study groups and task forces as It deems appropriate. SSS.IlQn &.4. 1>LiIISSlIChp,,S1lLC5t1iL~lili The Engineering Subcommittee shall, eider direction and supervision of the 'technical Advisory Committee, perform, evaluate and review basic system studies for Members, perform such other duties as the Technical Advisory Committee may direct, and make such recommendations to the Technical Advisory Committee as it deems appropriate, Studies of the. Engineering 3ubcomnlittee shall include but not be ILnited to; installed generation reserves, abnormal system conditions, major outage contingencies, statistical studies, transmission facilities and future generation installations. All studies prepared by the Engineering Subcouhrnittee shall be classified as "work papers" until approved by tha Board of Directors, !Ju-b-c1),M. QVud nE.S.tlkQjtill1Lll . The Operating Subcommittee shall, under the direction and supervision of the Technical Advisory Committee, undertake studies and ` perform such dudes as it deems appropriate and as directed by the Technical Advisory Committee, and make recommendat ions to the Technical Advisory Committee, Studies of the • Operating Subcommittee shall include but not be limited to: relay settings, communication facilities, allocation or spinning reserve generation, system dispatching procedures, load frequency tie line control, load shedding procedures, coordination of maintenance schedules and system and group prutective measures. All studies prepared by the operating Subcommittee shall be classified as "work papers" until approved by the Board of Directors, • ' i 9 0 0 • Q • I s e~ ~ g I S=tl`'r$.~. I;JINd:4Il=j1I1UUh=lIllt3. The Environmental SubcoWimittee shall, under the direction and supervision of tile'i'echnical Advisory Committee, perform studies and reviews of environmental matters related to the business of generating, transmitting or distributing of electric energy and follow the activities of stale and federal agencies in development and implementation of environmental regulations. Such studies, reviews and reports that may be made to the Technical Advisory Committee, and subsequently to the Board of Directors, shall be classified as "work papers" until approved by the Board of Directors, s SZ1LQt1_ U. McILiW. The 'T'echnical Advisory Committee and its subcommittees, study groups and task forc-!s, shall meet as Orion as necessary to perform their duties and functions. All meetings of the 'technical Advisory Committee and Subcommitteej shall be called by their respective chairmen and all such meeting notices shall be sent in writing to each member at least two (2) weeks prior to the meeting, unless an emergency condition should suggest otherwise (such emergency to be by mutual consent of a majority of the members of the Committee or Subcommitlee), Any Member may request notification of any such wvt rings and may have an employee on that Member's payroll attend as an Observer, ARTICLr IX OFFICERS s~t~sutJ.l. C)Qtlgfdl The officers of the Council shall consist of a President, one or more Vice Presidents, a Secretary-Treasurer, mud such officers and assistant officers as may be deemed necessary. The Board of Directors may appoint an Executive Director and staff. Any two or more offices may be held by Ilse sam: person, except the offices of President and Secretary. A committee duly designated may perform the functions of any officer and the functions of two or more officers may be performed by a single cone n uce, includintt the functions of both President and Secretary. 'rho Chairman of the Board of Directors shall Serve as President of the Council, The Vice Chairman of the Board of Directors shall serve as a Vice President Of the COUneil. Sectiol.4.i • 1't Ua. The officers of the Council shall be elected or appointed by the Board of Directors at such time and in such manner and for such terms, not exceeding • three (3) years, as shall be determined from time to time by the Board of Directors. All officers of the Council shall hold office until their successors are chosen and qualified or until their earlier resignation or removal. Any officer elected or appointed may be removed by file persons authorized to elect or appoint such officer whenever in their judgment the best interests of the Council will be served thereby, IU i 1 • • M 9 ~~C3it?112..3, PLC 3tldDtllics Each of the officers of the Council sh i have such powers and duties as generally pertain to their respective offices. If one is appointed, the F,xecutive Director shall have such powers and duties as the Board of Direrturs may from time to time delegate to the Fxeculive Director, ARTICLE X FINANCES Section l4 J • $resentyes' Fxoencec, The personal and travel expenses of each person who serves as a repre3entative of a Member or a member of the Board of Directors or of any commitlecs, subcommittees or task forces that shall he formed, shall be borne by the Member which such person represents. No such person shall receive any salary or other compensation from the Council. S Qlion 10.2. Budeet. A budget (the "Budget") for the Council for the ensuing fiscal year shall be adopted at the Annual Meeting, The Budget (including cost of liability insurance) for the Council for each fiscal year (October I through the following September 30) shall be prepared by the Board of Directors and submitted to the representatives of the Members at the Annual Mecling, and to be effective the Budget must be approved by the affirmative vote of not less than two-thirds of the voting strength of the Members (as such voting strength is defined in Article III), 5gr,d _LQ 3. Expeenc,,. The expenses of the Council (which include the special projects expenses of the Technical Advisory Committee as defined In Article Vill, Section 8.2) shall be financed by fund3 received from annual dues lolled against the Members in accordance with the following; proportiiooretot em each Member's voting strength t(,ins ' caletulla ed financed Article III but not Members rounded to the nearest whole number) at the beginning of the fiscal year for which the Budget was adopted. • One-half or the expenses of the Council will be financed by those Members which have representatii es serving on the Technical Advisory Committee in proportion to each such Member's voting strength (as calculated in Article III but not rounded to the nearest whole number) at the beginning of the fiscal year for which the Budget was adopted. The foregoing basis for apportionment of the Council's expenses will be reviewed annually by • the Board of Directors and may be modified by the Board of Directors to assure equitable • distribution of file Council's expenses among the Members. Il 0 O • ra • CA w) l~c~\lY S5c'!iirll-J 4. 2=LG1r.S, The representatives of each Member shalt be promptly notified of the Budget and its proportionate share of the administrative expenses of the Council following adoption of the Budget at the Annual Meeting. aujim_14, . By1l1. ills. Each Member shall pay its proportionate share of the expenses of the Council within sixty (60) days after receipt of a statement setting forth its proportionate share of the Budget. Section 10 6 No Member shall, without its consent, be responsible for the expenses of the Council in any one year in excess of its proportion of the amount budgeted for expenses for that year. 5=LuLLM- SuuiaLPiQko5. Special projects may be separately budgeted and the cost allocated upon any basis agreed upon by those participating in such special project. 5sgJimJ.4.,$ Upon payment of its proportionate share of the expenses of the Council, a Member shall be entitled to participate in and benefit from activities of the Council. Neither participation in the activities of the Council nor any provision of these Bylaws or of the Articles of Incorporation shall be deemed to constitute a pledge or loan of the credit of any Member for the benefit of the Council or a guarantee by any Member of any obligation of the Council. I i ARTiCI.1: X1 WITHDRAWAL OF PARTICIPATION SssJLQnj 1 1 Any other provision of these Bylaws notwithstanding, any Member may withdraw from participation in the activities of the Council at any time upon thirty (30) days' notice, whereupon it shall cease to be a Member, shall cease to be entitled or obligated to participate in the activities of all committees and subcommittees of the Board of Directors and shall have no further obligations as a Member; provided, however, that if such notice is given more than thirty (30) days after such ltfembcr's receipt of its statement of annual dues fo- a fiscal year, the Member shall be obligated to pay its proportionate share of the expenses of the ! Council for the full fiscal year within which such termination is effective. Ss41io.11.,2 Fach Member shall retain sole control of its own facilities and the use thereof, and nothing in this Agreement shall require a Member to construct or dedicate facilities for the benefit of any other electric system or allow its facilities to be used by any other Member, or to construct or provide any facilities for its own use, and nothing herein shall be s deemed to Impair the ability or right of any Member to take such actions or to fail to act, as it • • deems necessary or desirable, with respect to the management, extension, construction, maintenance and operation of Its own facilities, present and future, 12 • • rr NO ARTICLE Xll f MISCF.LLANE0t1S SZ ion 12. I. ]nderndUation, Each person who at any time shall serve, or shall have served, as a director, officer, employee or agent of the Council, or any person who, while a director, officer, employee or agent of the Council, is or was serving at its request as a director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or other enterprise, shall he entitled to Indemnification as, and to the fullest extent, permitted by Article 1396-2,22A of the Texas Non-Profit Corporation Act or any successor statutory provision, as from time to time amended, such Article or successor provision, as so amended, being incorporated In full in these Bylaws by reference. The foregoing right of indemnification shall not be. deemed exclusive of any other rights to which those to be indemnified may he entitled as a matter of law or under any agreement, vote of disinterested directors, or other arrangement. Section 12.2, D-j5.2au, The Board of Directors will adopt and modify from time to time a Dispute Resolution Policy that will provide principles and procedures for the resolution of disputes through the assistance of personnel qualified by virtue of experience and technical !raining to interpret IV various Guidelines and other operating criteria or procedures developed by the Corporation and applicable to Members. In the event two or more Members have a dispute over the applicalion of Guidelines or other operating criteria or procedures developed by the Corporation, the affected Members may request assistance of the Corporation in the resolution of that dispute through the Dispute Resolution Policy. Scc[iQri 12.1. Amendments, These Bylaws may be altered, amended or repealed or new bylaws adopted, only by the affirmative vote of two-thirds of the voting strength of the representatives of Members present and voting; provided no amendment shall zurtail the right of a Member to withdraw from the activities of the Council as set out in Article XL S€sdiQn_12.A awaLYear, The fiscal year of the Council shall be from October I through the following Septembor ;1'0, or as otherwise fixed by resolution of ti, + Board of Directors. • &ULQ - 5- ARP1i~:diQII~r luSg[i> salisut9l_T11e~~Aylaws, Any question as to the application or interpretation of any provision of these Bylaws shall be resolved by the Board of Direclors, whose determination thereon shall be final r• 13 • A ib.l l,l 1 a Itti CITY COUNCIL i s I or e~ o ot e ♦ y~ O tl N. t " ~~OG r s c• 0 r ;:\wpdocs\ocd\haynne ~endsMo ~r~~ Apendalfe -a- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HAYNES AND BOONE, L.L.P. FOR PROFESSIONAL LEGAL SERVICESI AUTHORIZ- ING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council hereby approves and authoriz- es the Mayor to execu".e an Agreement between the City of Denton and Haynes and Boone, L.L.P, to provide legal services under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement. SECTION IT. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the v_ day of BOB CA8TL89ERRY, MAYOR 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BYr APPROVED AS TO LEGAL FORM; MICHAEL A. BUCEK, ACTING CITY ATTORNEY 717> 01 r r w, • r CONMOT OF XMLOYX=T MM ADTRORISATIOH Cz The undersigned, ("Client"), employs the law firm of HAYNES AND BOONE, L.L.P., 1300 Burnett Plaza, Fort Worth, Texas 76102-4706, ("Attorneys"), to perform all legal services which, in Attorneys' judgment, are reasonably necessary to properly manage the following legal matters: Represent the city's interest in Ervin v. City, and render advice on various personnel matters, as consulted by the city Attorney and Director of Human Resources. Client authorizes said Attorneys to file pleadings on its behalf, negotiate on its behalf, and to take such other legal steps and procedures as may be appropriate in handling its legal matters. Client acknowledges that the Attorneys have told Client that they can make no guarantees of a successful or satisfactory outcome of the dispute. In consideration of the employment of Attorneys, Client agrees to pay Attorneys as follows: 1. Hourly fee of $175.00 per hour of Springer's work. 2. Hourly fee of $125.00 per hour for associate's work. 3. Hourly fee of $60.00 per hour for Legal Assistant's work. a Those rates shall be effective through December 31, 1995. Thereafter, Attorneys may, with notice to Client, adjust billing rates every December, Client will be charged a fee equal to the number of hours worked times the hourly fee applicable. It is understood that % Bettye Springer will be responsible for the litigation and that she shall be the primary attorney in the firm rendering legal services. O 0 • • ,,II (II ~ _ , ~V~~U!11rD. w lOVfl(~.III~~TI Client is solely responsible for all court costs, investi4tion fees, deposition expenses, and other items of expense, long dis- tance telephone calls, photostatic copies and certified mail expenses. Client agrees to reimburse Attorneys upon receipt of invoices for such expenditures. Attorneys shall direct invoices tot City Attorney, Municipal Building, 215 East McKinney, Denton, Texas 76201, Expenses shall be reimbursed with payments of Attorneys' statements. Attorneys agree to submit, upon request, a detailed breakdown of expenses. If Client fails to pay any amount dtle Attorneys within twenty (20) days of demand, Attorneys may terminate the relationship of attorney/olient and withdraw as client's attorneys without further responsibility to proceed in its behalf. Client may terminate Attorneys' services at any time. Amounts recovered from the opposing party for attorneys' fees and court costs shall be credited against the amounts owed by Client to Attorneys, but only when such amounts are actually received by Attorneys. SIGNED this day of W, 1995. HAYNES AND BOONE, L.L.P. CITY OF DENTON, TEXAS • Bye Bye • l i \Wdoa, \k \Aiym • PAGE 2 • r . 's Iti NUf 1d. x;75 .tS v • c, 0 jj~ x b CITY ±ifH COUNCIL { e► a~ • t O re x• ~e • O t r • • Agendao, AflBndalllfor5-io~x- DATEI,bt,M _yy ►4 IT SOUNCIL REPORT T0; Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SU8JECT: CREDIT CARD SERViCE FEE ORDINANCE AND AGREEMENT WITH DISCOVER CARD SERVICES, INC. f;EC910MENDATION: Staff recommends that the City of Denton consider amending the credit card service fee, In addition, staff recommends accepting the credit card proposal presented by Discover Card Services, Inc. SV-WAff: As you are aware, the City of Denton has been accepting Mastercard and Visa when customers pay for fees, fines, court costs, tares, utilities, and other charges since 1989. We were o ie of the first municipalities to do so and one of the few continuing to accept credit cards, In 1990, Visa placed a moratorium on the acceptance of Mastercard and Visa cards by municipalities which required custo'ners to pay a surcharge. During the fail of this year, we were informed that we had to discontinue charging a surcharge, or discontinue accepting Mastercard and Visa. (See Attachment A). While exploring our options, the Legal Department informed us that the City could not pay the surcharge on behalf of our customers, They felt such action would constitute providing free service. Therefore, after requesting and receiving an extension from Visa, we discontinued accepting the credit cards during April 1995, During the extension period, we explored several options for processing credit cards. All of the options would allow us to pass a surcharge along to our customers, We are also pleased to note that the surcharge in the proposals are less than the previous charge. Discover Card Services, Inc, provided us with the superior proposal, The attached proposed ordinance contains the service fee for the Discover, Mastercard and Visa credit cards. (See Attachment • 8). The previous fee was three (3%) percent of the payment amount and the proposed fee for Mastercard and Visa would be two and one-quarter (2Y+) percent, The proposed fee for Discover Is, on the average, less then one (1%) percent. Attachment C contains a table which compares projected costs for customers using the above mentioned charge cards. In addition, Discover Card will reimburse their customers one (I percent of the payment • amount. As a result, many customers will benefit by using their Discover card to pay • • utilities, taxes and fines, Attachment D contains a copy of the proposed agreement with Discover Card Services, Inc. • L . a> • toWhio City Council Report Format Credit Card Service Fee Ordinance Y 1995 q Page 2 PA4gBAM DEPARTMENTS OR 989UPS AFFECTED; The departments that accept payments for fines, fees, utillty bills, and taxes will be affected by the above mentioned proposals. FISCAL IMPAO: None. Respectfully submitted; U Lloy V. Harrell City Manager Prepared by: Harlan L. Jeffers Director of FEsca peretione i Approved by; q Rater QuB se • Executive Iroctor of Finanee AFFOODEB Attechmenla • as • i ATTACHMENT A NOVA tM1fdMrrlN tams.,, r.r o""gnu" Ana".. mc. 7207 ChRpmeR Hl Wey 8noxvllle„TJfIOY,9 01 _ 1 I (6151577•3q00 Nice (815)5?'1.11'70fw---.._ tJ it (crl`g" ~ r Sent Certified Mail (P 126 485 626) NQf/ November 2, 1994 Merchant No. 430992404 Mr. Harlan L. Jefferson City of Denton Municipal Building 215 L McKinney Demon, Texas 76201 Dear Mr. Jefferson: 1 am in receipt of your response to the Visa violation. I havo reviewed all documents, including both state and local laws and have made several attempts to solve this situation with Visa, As you stated in your letter, your legnl staff trade the comment "that It would be against the consdtw,on for a murdclpallty to provide a service free of charge," Nova also recognizes the increase in credit card use at your establishment, However, copies of your state and local laws were forwarded to Visa and reviewed by several members of Visa management. Unfortunately, the outcome is still tho same, The practice of a merchant passing a surcharge to dicir credit card customers is against Visa regulations. According to Visa, if your laws state you "must" charge a surcharge on Visa transactions, you should discontinue accepting Visa, Nova does realize that you have written acknowledgment from Mastercard that municipalities listed under a unique transaction code can charge a surcharge; however, Visa does not recognize the unique transaction code. According to Visa,The city of Denton can discontinue charging a surcharge or can discontinue accepting Visa credit cards. Furthermore, the acceptatce of Mastercard and not Visa Is a violation of Vlsa regulations, because you do not honor Wl cards. Nova also approves a merchant for both Visa and Mastercard and must support Visa's regulation to honor all cards, Nova Is mandated by Visa and Mastercard regulations and, therefore, must enforce such, Nova • understands If you wish to find processing elsewhere. However, If you choose to remain with Novnt we must request that you discontinue charging a surcharge, If you have any questions in regard to Lids matter, please contact meat 1.800725.1243; Ext. 8419. Sincerely, RJchard Marut • • Fraud MonJtodng & Investigations cc: First State Bank of Dcuton A O • c.~ • DISCOVER.GOD cJr t~71 lrT ~i pT o ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENVON, TEXAS AMENDING ORDINANCE 93-164 INSOFAR AS IT RELATES TO CREDIT CARD SERVICE FEES) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DISCOVER CARD SERVICES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 2F=N I. That the portion of City of Denton Ordinance 93-164 specifying and authorizing a credit card service fee is hereby amended to read as follows: MASTERCARD/VISA/DI6goyn slayla FEES AFPLI CATIOE Applicable when payment for fees, fines, court costs, taxes, utilities or other charges are made with a Mastercard, visa or Discover card. UNJAERV192 CBARan MasterCard/Visa 2.23% per cent of payment amount. Discover card As per service charge Table, below$ Payment A19jnt Fee. $ .01 - $ 20.00 00.05 $ 20.01 - 4200.00 $1.00 $200.01 - 0800.00 $3.00 $500.01 - $000.00 $5.00 $800.01 - and up $7.00 SECTION III That the City Manager is hereby authorized to execute an agreement with Discover Card Services, Inc. under the • terms and conditions contained within the agreement, a copy of which is attached hereto as Exhibit A. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or applicatioI thereof to any person or circumstances is held invalid by any court , • of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declared it would have ennoted such r_emoining portions despite any such invalidity. • • s i4 SECTioN IV. That this ordinance shall become effective, and apply to all qualifying consumer credit transactions occurring on or after May 5, 1998. PASSED AND APPROVED this the day of , 1998, f ' BOB CASTLEBERRY, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTIMG CITY ATTORNEY i BYs PAGE 2 r y~ • Y ~ .lr`~~~ f t ~~t~~~ ~r~~fi~.7t5rIr~T~~,~ • • 4 r r ~ ATTACHMENTC COMPARISON OF CREDIT CARD FEE Fee as Fee as % of Mastemard/ % of Discover Charge Visa Charge Average credit card transaction amount - $106.00 1.00 94% 2,3P 2.26% Average utlllty bill (resfdential) $134,11 1.00 ,76% 3.07 2.26% Average •ax statement (residentlall - $390.67 3.00 ,77% 8,78 2,26% Average utlllty bill (commercial) 0 Small - $ 2,781.04 7.00 126% 8..67 2.26% 0 Large - $22,039.69 7,00 .03% 496,89 2.26% Average tax statement (commsrcialj • Tangible personal buslness - $ 609.92 6,00 ,82% 13.72 2,26% • Reel, Commercial and Industrial - $1,687,36 7,00 41% 37.98 2,26% • 1 a ife° 4 {;'1''S'i ; i~lsrMa°'i k{d • w • GOVERNMENTAL ENTITY SERVICES MAIL/TELEPHONE ORDER AGREEMENT l7 CITY OF DENTONLTElAS - Legal Name - 215 EAST MCKINNEY Street Address - OE'NTON~ TE%AS__76201____-- City, State, Zip Code S ~.O] 20,0 $.O5/TRAN8ACT10N f 20.01 -200.00 $1.00/1`RANSACTION $ 200.01 -500,00 $3,00/TRANSACTION $ 500,01 -800.00 $5,001TRANSACTION $ 800.0I - AND UP $1,00/TRANSACTION Floor Limit ------------------Lr~nsaction (Mail/Telephone Orders) Fee (Mail/telephone Orders) } 0=- _SAME AS ABOVE1.TransactIon Floor Limit (In person) - Fee (In-person) This Agreement governs the acceptance of Cards, issued by any authorized Card issuer (the "Bank") by the governmental entity specified above. It supersedes any other agreements between such governmental entity and Discover Card Services, Inc, concerning acceptance of the Card. In this Agreement, the words "you" and "your" mean the governmental entity identified above; the words "we", "our" and "us" l refer to Discover Card Services, Inc.; "Card" means a valid credit, charge or other card bearing a Discover Card or NOVUS logo, servicemark or trademark identified in the Operating Guide or as otherwise approved in writing by us; and "Cardmember" means a consumer to whom the Bank has issued a Card and/or any authorized user of a Card. Please read this Agreement carefully, You must follow all its terms. 1. Acceptance of Cards. You agree to accept all valid and unexpired Cards in payment for amounts due you from all Cardmembers who want to use the Card at your establishment(s). All Card transactions resulting from acceptance of the Card shall be submitted to us in United States dollars, We agree that you may impose a surcharge, levy or fee of a similar kind for any transaction where a Cardmember desires to use the Card for any payment of amounts owed you. However, • such surcharge, levy or fee may be only in the amount shown above and you agree that you will not add any additional markup to such amounts. You may not accept the Card in exchange for advancing cash to a Cardmember, unless you have executed a separate agreement with us, although you may accept Card Checks that the Bank makes available to Cardmembers and treat them as you would any other check Your owners, officers or employees may not receive cash advances or make payments to 8 you using their personal Cards, except for bona fide payments in the ordinary • • course of business. If you have asked us to issue you a test Card or test account in order to test Card acceptance at your locations, you are liable for any improper or fraudulent use of such Card or account by any of your employees. You agree to use reasonable efforts to safeguard such Card or account In a secure ;f i • p • ev 0 ATTAC[ikENT OJCorr)t, cf~~ f i place, You agree to follow the procedures in this Agreement and in tt )Operating Regulations concerning acceptance of Cards and completion and submission of sales slips. The Operating Regulations is a part of this Agreement and is incorporated into this Agreement as Exhibit A. We may change the Operating Regulations from time to time by sending you written notice 30 days in advance of any change. However, for security reasons certain changes may become effective immediately. In the event that you find any such change to the Operating Regulations unacceptable, you may terminate this Agreement as provided in Section 14 below, while operating under the prior Operating Regulations during the 30 day notice period. If there is any conflict or inconsistency between this Agreement and the Operating Regulations, the terms of this Agreement govern. You agree that you will not require that any Cardmember must make a minimum dollar payment in order to use the Card, and you will not limit the maximum amount that a Cardmember may spend when using the Card. You further agree that you will not institute or adopt any practice that discriminates or provides unequal treatment for the Card versus any other credit or charge card. 2, Ma ITeleohone Order Card sales. For each Card sale made by mail or telephone you shall complete a mutually acceptable sales form on which you shall record the following: (a) The date of the Card sale; (b) A brief description of the purchased goods or services; (c) The total amount of the Card sale, including any tax; (d) The Cardmember's Account number; (e) The expiration date of the Card; (f) The Authorization number or code; and (g) Your merchant number, i The Cardmember's signature is not required with respect to mail/telephone order Card sales, provided that you identify each such Card sale as "Mail Order" or "Telephone Order". If a Cardmember asserts that he or she has not authorized a mail/telephone order Card sale or otherwise denies the validity of the Card sale, such Card sale shall be subject to chargeback pursuant to section 8 below. 3. In.-Person Outlet Gard Sales. It is anticipated that some of the Card sales transacted by you will be mail/telephone order Card sales. However, to the extent you generate Card sales at your office or other sites p of operation such other you shall mutuallyeacceptable95 Each Sales Sliprmustpheileg ble sand fully completed with the same information required for mail/telephone order Card sales. Each Sales Slip relating to a Card transaction made at an Office shall be imprinted to obtain a clear imprint of the Card, provided that in the case of Sales Slips that are electronically produced by you, and which are identifiable as electronically produced, you are not required to obtain an imprint of the Card. I You shall include all payments made in a single transaction on one Sales Slip (or a continuous Sales Slip), except for customer deposits or partial payments. You may not split a Card sale to avoid obtaining authorization. For your Office Card sales, if any, the Cardmember or authorized user of the Card must sign the Sales ® Slip in your presence and the signature must be reasonably similar to the • • signature appearing on the signature panel of the Card. 2_ • 0 • • ATTACW,J~N.f 5;,ikA}f 4. Authorization, For any individual Card sale at or aboi~c~thO applicable floor limit specified above, you must obtain our prior authorization to make the Card sale, provided that you must obtain our prior authorization for all mail/telephone order Card sales, regardless of the amount of the Card sale, We will provide you with an authorization code that must be recorded on the sales slip or supplied with other Sales Data set forth in Section 2, If at the commencement of this Agreement you regularly receive authorizations by means other than with an electronic authorization terminal, your floor limit will be the amount specified above, However, notwithstanding the above floor limit, if at any time during the term of this Agreement you begin to utilize one or more electronic authorization terminals to receive authorizations for Card sales, your floor limit will automatically be reduced to $0, meaning all Card sales must be authorized. If you accept the Card for a transaction above the applicable floor limit without receiving our prior authorization, we are not required to pay you for the charge, and if we have already paid you, we may process a chargeback, as described below, Even if we give you authorization for a Card transaction, it is not a guaranty jjj' that you will be paid, as there may be other reasons why it can be charged back, as specified below and in the Operating Regulations. We may change your floor limit(s) from time to time by sending you written notice of your new floor f' limit(s). As explained in the Operating Regulations, you can obtain authorization from us by telephone or electronic terminal or in such other mutually acceptable manner, batch authorization, that w, may agree to in writing from time to time, When you ask for authorization it connection with a Card sale, we may ask you to request certain information from a Cardmember for verification purposes. Also, 'r where applicable, we may request that you take a Card from a Cardmember. If we do, you agree to follow, to the extent allowed by law, the instructions given by our authorization center. Except for actions taken by sworn peace officers engaged in the lawful discharge of their duties, you agree not to use any force or effort if the Cardmember refuses to give up the Card and not to take any action that will alarm or embarrass the Cardmember, You agree to advise all your employees who handle Card transactions of these terms, We will pay you a fee in an amount specified in the Operating Regulations for each Card you pick up. 5. Cardmember Refunds and Credits. You may establish your own policy concerning refunds, and you agree to advise Cardmembers in advance of any sale of this policy, provided that any such policy shall be consistent with applicable laws and regulations. If you have so notified the Cardmember, and your return policy complies with applicable law, we will honor your policy. You agree to send us a copy of each Credit Slip within seven (7) calendar nays after you issue it. • 6. Settlement of Transactions, You agree to promptly, but at least once each week, send to 1as at the address we specify, all Sales Slips and Credit Slips pertaining to Card transactions generated at your retail outlets, if any. If you transmit Sales Data by electronic means, you agree to transmit your Sales Data each business day to the location that we specify. With respect to mail/telephone order Card sales, you will transmit the required Sales Data to us each business day electronically or by magnetic tape in our form and format, If you fail to • send us Card transaction data within 60 days of the date of the Card sale, we will • • not be required to reimburse you for them, -3- • • w 0 ATTACIftNT D ,ton ?{t.~alJ You agree to follow the instructions in the Operating Regulationsrding summary information which must be sent with the transaction data. We will reimburse you for each Card sale you submit to us which results from a payment made by a Cardmember to you with the Card, minus the amounts of any Credits you have issucei to Cardmembers or adjustments we make to reconcile or correct errors in the sett'-ment data, We call this procedure "Settlement". We will use our best efforts to initiate the appropriate credit to an account that you designate at a financial Institution (called the "Settlement Account") through the Automated Clearinghouse Network ("ACH Network") withir two (2) business days but no later than five (5) business days after we receive our transaction data In a form and format acceptable to us You authorize us to credit the Settlement Account, as applicable, as specified In this Agreement and in accordance with the rules and procedures of the applicable clearing house association and settlement f institution(s). This authority remains in effect until five (5) business days after we receive written notice of your cancellation of such authorization. We are not liable for any delays in receipt of funds or errors in credit entries caused by third parties, including, without limitation, a clearing house or your financial institution or agent. Any settlement debit amount will be invoiced daily to you. All such invoices shall be due and payable by you within thirty (30) days of receipt of same. In the event that such Invoice r,,mains unpaid beyond said thirty (30) day period, you agree to pay us any amounts owed on demand or we may deduct the balance of the unpaid invoice(s) from subsequent payments owed by us to you, i You are responsible for reviewing all Settlement amounts you receive to confirm that the payment you received correctly matches your Sales Data submissions. If you believe you have received an underpayment, you must notify us immediately so that we may pay you any additional amounts owed. If you fail to notify us within 40 days of the date funds have been settled, and we are unable to recover any misposted funds that should have been paid to you, we will not be required to pay you the amount of any such funds, If you have received an overpayment or a payment is mistakenly sent to you, you a-iree to ironediately notify us and remit the overpayment to us. You may not spend any overpayment, and , If an overpayment is in the Settlement Account, you may not withdraw it, 7. Fees. In consideration of your participation in the Card plan, you agree to pay us a fee ("Fee"), in the amount specified above that is applicable to the type of Card transaction that occurred; I.e., mail/telephone order or in- person. We will calculate the amount of the fee once each month on or about the last day of the month for the month having just ended, To collect the Fee, we will send you an invoice for the amount of the Fee within twenty (20) days of the last business day of each month, All such invoices shall be due and payable by • you within thirty (30) days of receipt of same. In the event that such invoice remains unpaid beyond said thirty (30) day period, you agree to pay us any amounts owed on demand or we may deduct the balance of the unpaid invoice(s) from subsequent payments owed by us to you. Any amounts owed to us which cannot be paid by the foregoing means shall be due and payable by you on demand. Upon 30 days prior written notice to you, we may convert the calculation and payment of your Fee from a monthly to a daily basis if, in our sole ,judgement, we believe e your financial condition warrants it, or if you have previously failed to satisfy • any obligation to us in a timely manner, as provided herein, In addition to the above-referenced Fee, you further agree to pay us, on demand, for any application J -4- • 0 c~ • ATTACHMENT c n' t. 5 charges, set-up fees, fixed monthly fees and per-transaction fees Aa , )du have agreed to pay us, as set forth hereon, and/or as reflected in our records. 8. Chargeback Rights, If you do not fallow all the relevant terms of this Agreement and the op,,rating Regulations with respect to a Card sale made by you or if a Card sale which is the subject of a billing dispute is subject to chargeback, as specified in sections 9 and 10 below, we may refuse to pay you for the Card sale or disputed portion of it, and If we have already paid you, we will send you an invoice for the amount(s) io question, said Invoice(s) to be due and payable within thirty (30) days of receipt of same. In the event that such invoice remains unpaid beyond said thirty (30) day period, you agree to pay us any amounts owed on demand or we may deduct the balance of the unpaid invoice(s) from subsequent payments owed by us to you. These returned charges are called "chargebacks" Any chargebacks that are not paid by the foregoing means shall be due and payable by you on demand. We will notify you of Card sales that are f subject to ~hargeba~k as they arise, but in some instances chargebacks will be processed prior to notification, as specified in the Operating Regulations, If chargebacks exceed 2% of the total number of Card sales submitted by you in any calendar quarter, we reserve the right to charge you, and you agree to pay, a fee of $5.00 for each chargeback in excess of such 2ti limit. If you and a Cardmember resolve a billing inquiry or dispute on a Card sale which has been charged back, and the Bank is permitted by law to rebill the Cardmember for all or a portion of the disputed amount, we will reimburse you for the charge, or that portion for which the Bank can bill the Cardmember, If due to federal and/or state consumer laws, the Bank o not able to bill a Cardmomber for a disputed transaction, we will not be requiroi to reimburse you for the charge or non-billable portion of it, even if you complied with the terms of this Agreement. 9. Bill in in uiries. From time to time we or the Bank may receive a request from a Cardmember far information regarding a Card sale transacted by a Cardmember with you, or a Cardmember may dispute a Card transaction. If we notify you of such an inquiry, you agree to provide us with the information we request within fifteen (15) business days of our request. In some cases we will require a ? copy of the Sales Slip, mail/telephone order form, Credit Slip, or other related document(s) and in others we will also need a written explanation from you concerning the inquiry. If you do not respond to our inquiry within the fifteen (15) business days specified above, we may charge back the transaction in question, as described above. 10. Caramembej_ Disputes, You agree tc cooperate in attempts to resolve disputes with Cardmembers, If the Cardmember refuses to pay the Bank for charges • made due to a billing error alleged by the Cardmember, we may process a chargeback for the charge or the disputed portion of it. If we or the Bank are involved in a lawsuit with a Cardmember relating to a Card transaction made at your establishment, you agree to cooperate with us or the Bank and provide us or it with all assistance we or It may reasonably require. 11. Retention of Records. You agree to keep an original copy of each Sales e Slip, mail/telephone order form, Credit Slip and other related document(s), for no , • less than 210 days from the transaction date and a legible copy, e.g. microfilm or microfiche, for no less than 3 years from the transaction date. You agree to -5- r.r-~--. ...-w r 1 Y r rww wrr. wiG4..i~. 1 ~ Y fs • O • ca e Afacfir(r provide us with a copy of any Sales Slip, mail/telephone brdert it Sli~rq within fifteen (15) business days of our request. 1 12. Payments by_Cardmembers. The Bank or its designated agent has the sole right to receive payment from Cardmembers for Card sales transacted with you. If you receive a payment from a Cardmember you agree to Immediately forward it to us and we will send it to the Bank, a 13. Confidential, in order to protect the confidentiality of Cardmembers and of uur confidential and proprietary information, you agree (1) that the names, addresses and Card Account numbers of Cardmembers are our property and that you will use such Cardmember names, addresses, and Card Account numbers only in connection with your rights and responsibilities under this Agreement, (ii) that you will not sell, distribute or otherwise disseminate a list of Cardmembers, Cardmember Account numbers or Merchant Account numN rs to any third party, except to effectuate the terms of this Agreement, without our prior written consent and (ill) not to disclose to third parties confidential or proprietary information pertaining to the Card, the Card plan or programs associated with the Card that we provide to you. We understand and agree that you will act in accordance with the terms of this section only to the extent that this section is not in conflict with the Open Records Act, Tex. Gov't, Code Ann., Ch. 552 (Vernon 1994). The terms of this section will survive termination of this Agreement. 14. Advertising of the Card. We will supply you with advertising and display materials concerning the Card and other programs associated with it which you agree to visibly display in your Office. You agree to follow the procedures we specify in the Operating Regulations concerning the use of our servicemarks "NOVUS" and "Discover" and such other servicemarks as may be associated with the Card plan in accordance with specifications provided by us from time to time. If this Agreement is terminated, you will immediately cease using our advertising materials and upon our request, you agree to return these materials to us. You agree that we may use your name in connection with our marketing of the Card to consumers and merchants. You agree that you will treat us In an equitable manner with respect to the way in which you advertise or promote any other charge card that you accept at your locations. 15. Supplies. As specified in the Operating Regulations, we will provide you with certain supplies that are necessary for you to accept the Card and process Card transactions. We will replenish these supplies from time to time upon request. You may call us for additional supplies at the number listed In the Operating Regulations. • 16. Third Parr Processors. The use of any third party processor is subject to our approval, which we will not unreasonably withhold. You agree to be liable for the actions of and all charges imposed by any third party processor which you use to perform your obliyations under this Agreement. If at any time during the term of this Agreement you elect to begin utilizing a third part processor, or to change from an existing third party processor to a different third party processor, to process any of your required activities under this b Agreement, and such processor assesses or increases transaction fees to us, we • may, at our option, adjust your fee an appropriate amount to compensate us for our expense, or invoice you directly, for the total amount of such transaction fees. -6- • O • ca • ATTAt )IMI NT D , Ciq. / {NN (C j, 17. Assinment. You cannot assign or transfer this Agreemisnt to an o~her party without our prior written approval. If you sell all or a substantial part of your business, materially change the nature of your business, or by any means cause or permit a new entity to own a substantial part of your business, you agree to notify us In advance and we may terminate this Agreement as provided below. We can assign this Agreement and our rights and obligations under it, in whole or in part, to any company which is a direct or Indirect parent, subsidiary or affiliate of ours. We will notify you of any such assignment. 18. Chancti_ng This Agreement. Except as otherwise provided herein, this Agreement may be amended or supplemented only if evidenced in a writing signed by both parties. s 19. Term and Termination. This Agreement will become effective when It is signed by each of-us and approved at our home office. It remains in full force D' and effect until terminated as provided in this paragraph, Either party may terminate this Agreement at any time by giving the other thirty (30) days prior written notice. We may terminate this Agreement without such notice if you have materially breached this Agreement or, if in our sole discretion, Card sales transacted by you are irregular, you have had, or, in our opinion, you may have, an unusual or inappropriate number of Cardmember inquiries, credit requests or chargebacks during a relevant period, we have security concerns regarding your Card sales, or your financial condition or other conditions or security concerns warrant earlier termination. You agree to accept the Card and follow the terms of this Agreement until the termination becomes effective, The provisions governing processing of Sales Slips, mail/telephone order forms and Credit Slips and Settlement will continue to apply even after the termination, until all Card transactions made prior to the termination are settled or resolved. Upon termination you agree to immediately send us all previously unsubmitted Sales Slips, mail/telephone order forms and Credit Slips for Card sales made up to the date of termination. We are not liable to you for any direct or consequentie,' damages you may suffer as a result of our termination of this Agreement, i 20. Financial Information. From time to time we may request information concerning Card sales transacted by Cardmembers with you. Upon reasonable notice, you agree to supply us with this information, to the extent allowed by Texas law. 21. Fac_torina, You may only submit Sales Data regarding Card gales that are made by you and that occur at one of your Office locations or by mail/telephone. A submission of Sales Data by you regarding a Card sale made by any other person or business not covered under this Agreement, whether or not that other person or business has a separate agreement with us, is called "factoring", • is strictly prohibited hereunder and constitutes a material breach of this Agreement for which we may terminate this Agreement Immediately without notice. Any Card sales that in our judgment have been factored are, in our sole discretion, subject to chargeback, 22. Type of Business. You understand that we have considered your application to become a Card merchant and proposed the terms of this Agreement • based upon the information you provided in your application for the types and • O kinds of business you listed on your application. In the event you are presently engaging in, or in the future elect to engage in, any new lines or types of -7- • O Mod • - w • S ATTACNMO,T c~an; nt-- business activities not disclosed on your application, or you materially change your business activities, you agree to immediately inform us of this. If you fail to so notify us, we may terminate this Agreement and/or reject or Chargeback any Card sales related to a new business activity about which we have not been notified, You understand that there are some types of business activities that we hava determined we will not accept as merchants, and that acceptable merchant businesses may have different merchant fees, depending upon the nature of their business activities, You agree that we may charge you a different Fee for any Card sale that we elect to accept that is related to any of your new business activities, 23. Performance o D t e . Neither party shall be liable for its failure to perform ander this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of such party, Such causes may include but are not limited to acts of God, fires, wars, or strikes, 24. Governs aw' Miscellaneous, This Agreement shall be binding upon and t e bone it of th inure to h e parties and their respective successors and assigns, This Agreement is governed by the laws of the State of Texas. If any part of this Agreement is not enforceable the remaining provisions still remain valid and enforceable. We have not waived any of our rights under this Agreement unless we agree in writing to do so Each party agrees to comply with all applicable laws and regulations in connection with this Agreement. 25. N Lre, Any written notices required to be given under this Agreement shall be given or made (1) by personal delivery or (ii) by depositing such notice in the United States mail, postage prepaid, addressed to you at the address listed above and to us at: Discover Card Services, Inc. 2500 bake Cook Road Riverwoods, Illinois 60015 Attn: Vice President - Merchant Operations the l be sent givinEiwrittther ofasch changedtostheootherhpartycintthetmanner provided in this Agreement. 26. Caetions. The captions used in this Agreement are for reference only T and will not be interpreted to limit or define the text of this Agreement, CITY OF DENTON, TEXAS DISCOVER RD SERVICES, INC. • By By: _ Title: JO- NA~or..gAc NJN t,) Title: Date: Date: - s:idahm3)9,1Jvaegrmtldenton ~ 2 ~1 •"1~J ~I~Srti.ds c,,. ~~;N~~~ COUNCII kl' i N ® ~ t O 4 y, a ® •~°N. Y' pCC41 T", C i O 6 r C O fl r • +egr3flEaMo._.~:'~~' ~o~QO~tcb oE,,~ ~ Aganda(Serrl,,~ ~ Date ~-:g4~ ~ T3 CITY ON DENTON, TEXAS DEPARTMENT OF POLICE MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Michael W. Je , Chief of Police DATE: April 20, 1995 RE: City Reorganization Dear Lloyd: As a result of the City's recent reorganization a need for certain realignment withht the Police Department has been created. 'fl L address [file need, it is my intent to promoto Captain Gary Matheson to Assistant Chief of Police. Aso r:,;,,il of this promotion, consistam with the Local Government Codr, Chapter 141, the two existing Captains positions, which were previously appointed, will revort to Civil , rvice protected positions. The net effect of this statutory provision will result in Captain Jim Dotson, who Is an appointed Caplaht, belug returned to his former rank orLieutunam. Thus, 11 will be nocossary to present to the City Council im ordinance authoNxing the Assistant Chiefs position and establishing iho number of Lieutenants within tho Department at eight. However, when the Captain's positions are filled by examinatlon, the number of Lieutenants would then return to seven. Simply si-twd this ordinance is required as a matter of technical eomplimu with the "Civil Semi ; Law" and will not result In increased staffing, The punosc of this mantoraodum is Just to let you Inow that an clan dcallon ordinance will be placed on the Council Agenda In he near fblure. e if ou have any questions, please let me know. ch. W. J Chief Palf e ' ♦ 0 Sot E. HICKORY STREET SUITE E DENYON, TEXAS 78200 DUTY OFFICER (817) 666.8181 VAX (817) 383.70% I 1 ♦ ~ h~J i r Ian t , t, .'t r;:i u,:r ,~Ji s V 0 • er • J:\wpdoesWd%pol is e. ord o~ ~ 3 ORDINANCE NO. AN ORDINANCE OF THE f,ITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION. OF POLICE OFFICER; AUTHORIZING, PURSUANT TO 9149.014 OF THE TEXAr: LOCAL GOVERNMENT CODEr THE APPOINTMENT OF AN ASSISTANT CHIEF CF POLICE; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Fire Fighters' and Police Officers' Civil Service Comm!.ssion of the City of Denton, Texas, upon the recommendation and request of the Director of Civil Service and the Denton Police Department, adopted and approved on April 20, 1995 the attached Schedule of Authorized Positions which relates to compensation and classification of police officers; NOW, THEREFORE, THE COUNCIL OF THE CITY Or DENTON HEREBY O.WAINSt SECTION -1. That the schedule prescribing the number of positions for each classification of police officer in the City of Denton, attached hereto and incorporated by reference herein as Exhibit A, is hereby approved; SECTION Ij. That, pursuant to 5143.014 of the Texas Local Government Code, the city council authorizes the Department Head of the Police Department to appoint an Aasistant Chief of Police. OL911ON III. That all prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict. aEQTIO,V IV. That this ordinance shall become r[fective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of r, 1995. O BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY e ' BY: APPROVED AS TO LEGAL FORM. MICHAEL A. BUCER, ACTING CITY ATTORNEY BYs It v • a~ • •l'JIIl / 4' 7-7 3~3 BXRIBIT A CITY OF DENTON POLICE DEPARTMENT SCHEDULE OF AUTHORIZED POSITIONS The Police Department is authorized 109 positions as follows: Police Chief 1 Assistant Chief of Police 1 Captain 2 Lieutenant 8 Sergeant 12 Police officer (and Recruits) 85 Y. .r..I_ • ,(~rpdoct~ord~pouce.ord • 0 ~ 0 c, 0 LI ~ lra« - ii' CITY ` COUNCIL } }L~ I-4 h ~I {lI}:I l I { Oi bd d y}O ♦ t, oOO~ - _ O • ca u ager~daNry, Agendalt 0110... DATE: May 2. 1995 CITY COUNCIL REPORT REGULAR SESSION , TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: Texas Municipal Retirement System (TMRS) - Prior Service Buy Back RECQMMEMQAT I ON : It is the staff's recommendation that the City Council adopt an ordinance approving the provisions of TMRS related to Prior Service Buy Back for eligible employees effective June 26, 1995. t SOMARY The Texas Municipal Retirement System Act allows member cities to adopt, by ordinance, a Prior Service Buy Back provision. This provision allows certain employees to buy back previously forfeited service under specific conditions. The service credits are both time znd monetary credits that count toward eligibility for vesting (10 years) and eligibility for retirement. @gG K.~ROS~1~G The Texas Municipal Retirement System Act provides for member cities to adopt an ordinance allowing certain eligible employees the opportunity to regain service credit that may have been previously "cashed in" and forfeited. This provision allows purchase of the service under the following conditions: 1. The City must adopt an ordinance under the provisions of the state law. 2. The employee must be employed by the City and a member of TMRS on the day the ordinance is adopted. 3. The employee buying back forfeited service must be a member of TMRS and have at least 24 months of service with the City ; since his or her hire date. 4. The employee must pay back the amount of money he or she withdrew from TMRS plus a 5% per year interest penalty. The deposits are credited to the employee's individual account and service is re-established. The 5% per year interest penalty o is forfeited by the employee and is credited to the City's account in order to offset a portion of the City's future • • liability. The City Council adopted this ordinance effective December 21, 1993. That ordinance covered only the 31 employees employed by the City at. tnat time. • 4 • tta • May 2, 1996 CM Report to City Coijncil - TMRS Prior Service Buy Back Page 2 An actuarial study must be completed in order to determine the exact number of employees who have joined the City since December, 1993, and the additional amount needed to be added to the contribution rate to cover these additional employees. However, it is anticipated that this number would be small and the addition to the contribution rate would be small. MOGRAM, QEEARTMEMTB Q8 afWA AffECTED; This Prior Service Buy Back provision will cover only those eligible TMRS employees who have joined the City and who had previously forfeited service from TMRS, F-I.; AL JA ACT: The City will be required to increase the contribution rate slightly to cover the additional employees eligible. it is estimated that this amount will be less than $3,000 city wide. f 4VRe , Harrell City Manager Pr rec by ~ Thomas K~ ck Director of Human Resources • ccrpt8~l. tk Prepared: $110105 i I ✓ i;' < f }.rl ~ fir, (~\i~Sf~J T5.1:5 .fir 6~:. • • J 1WPD0CS\O9D17M1S0RD, ORL` A., r, l..'IU Cr~~ V ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITH- DRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD SEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's account in the municipality accumulation fund, including the obligations arising as a result of this ordinance, can funded by the City within its maximum contribution rate and within its amortization period; and i WHEREAS, the City Council has determined that adoption of this ordinance is in the best interests of tha City; and WHEREAS, the City Council of the City of Denton, Texas, finds that it will be in the public interest for the City to have its employees participate in the Texas Municipal Retirement System as hereinafter provided; NOW, THEREFORE, THE COUNCIh OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That pursuant to Section 853.003 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City of Denton hereby elects to allow any member of the Texas Municipal Retirement System who is an employee of this City as of the 26th day of June, 1995, who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least twenty-four (24) months of credited service as an employee of this City since resuming membership to deposit with the System in • a lump sum the amour- withdrawn, plus a withdrawal charge of five percent (5$) of such amount for each year from date of such with- drawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been en- titled at date of termination of earlier membership, with like effect as if all ouch service had been rendered as an employee of this City, whether so rendered or not. The City agrees to under- write and hereby ar-umes the obligations arising out of the ' granting of all suc! redits, and agrees that all such obligations » and reserves require', to provide such credits shall be charged to J this City's accounting the municipality accumulation fund. The five percent (5V) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund; and the deposits of the amount pre- 1 A • r viously withdrawn by the member shall be credited to his or her individual account in the employees, savings fund of the System. SECTION II. That this ordinance shall become effective on the 26th day of June, 1995, which is a date on or after the date sot forth in Section I, above, 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:~~ L2 • I 1 O ' PAGE 2 i,l q~{. ' 2 '.ti cif 1/f'h2 . 0 PHOTOCOPY S y ~P R Y • • Venda No Ager~dalfor~9r...~~ CITY COUNCIL REPORT FO MAT DA'Z'E, 05-02-95 TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: Approval of a resolution authorizing the City Manager to sign and submit the City of Denton's 1995 Consolidated Plan for housing and community development to the Department of Housing and Urban Development, IZEMMMENDATION; Community Development Advisory Committee recommends approval of the City of Denton's 1995 Consolidated Plan. BACKGROUND- At the April 18, 1995 council meeting, council members received a report on the City of Denton's 1995 Consolidated Plan for housing and community development. No changes to the plan were recommended by council. Staff has made technical corrections and included additional information requested by HUD. No changes were made to the 1995 funded activities, SUMMARY: This resolution adopts the City of Denton's 1995 Consolidated Plan, The Consolidated Plan includes the City of Denton 1995 Strategic Plan and Action Plan, The 1995 Action Plan is the City of Denton application for Community Development Block Grant and HOME Partnership Investment Program funds. Total funding available for 1995 includes the 1995 grant allocation of,D1,762,073 and $13,796 as an amendment to the 1993 final statement. i 1'RC)GRAMS 12M!AKjML•N1OR QROUl'S AELECTED: l • 1I Community Development Staff Community Development Advisory Committee 1 fuman Services Committee Social Services Agencies Neighborhood Groups • • • Program/Project Beneficiaries Other City Departments involved in various projects/programs • • City Council Report Format May 2, 1995 Page 2 FISCAL IMPACT; Community development projects and activities are funded with federal and program income funds. Funds will be used to fund housing, human services, public improvements, economic development and community development projects. Respectfully submitted: Lloyd V, arrell City Manager Prepared by: h Luisa Rodriguez- Garcia 0 4Y Community Development Program Assistant Approved: i~ Frank Rob ins, AICP • Director for Planning and Development I bl~pninknnplnn.954tgdO5 rp • 7 • • w . r i : Ili ~ Nl~dl~~'ff~'f ~4~'oiu~htnli~~f 1•r~J ~,19 N(f~u~t~~"Yt >r~0~~~ • a~ e i RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the a,ivelopment of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City, has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approximate amount of $1,273,369; and WHEREAS, the City of Denton, Texas, has been designated as a participating jurisdiction under the HOME Investment Partnerships Program and has developed a program for utilizing its HOME funds and program income in the approximate amount of $502,500; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropri- ate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF' DENTON HEREBY RESOLVES: $ECTIQN I_ That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a Consolidated Plan and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. e SECTION II. That the City Council of the City of Denton, • • Texas, authorizes the Executive Director of Planning and Develop- ment to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the assurances. • a+ • r SETION III That the City Secretary is hereby authorized to furnish copies of this resolution to ali interested parties, SECTION IV, That this resolution 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; yy2~~ • J • ' • PAGE 2 VN~ • c~ • . ~ ~r. - r I ' ~ r% l I 8 r ~ 3 • ~ f~, `t d ~ ~ I 1 i I I 0