Loading...
HomeMy WebLinkAbout08-01-1995 • • CITY COUNCIL AGENDA PACKET B-1-95 • i a l • • ~ ~ jr „ eA l~ rR1 Cb,ty~py'1 fnX1 ~'~Cf ~4~tit s~ • w • AGENDA j~ " CITY OF DENTON CI'1' COUNCIL August 1, 1995 Closed Meeting of the City of Denton City Council on Tuesday, August 1, 1995 at 5:45 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will II be considered: I NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:45 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussion of City Attorney's opinion on enforcyability of paving liens and potential litigation relating to same. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, August 10 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: 1. Pledge of Allegiance 2. Consider approval of the minutes of June 6, 1995. 3. Citizen Reports A. Receive a citizen report from Teri Woods regarding an easement dedication at Windsor and LocLat. B. Receive a citizen report from Joe Dodd regarding additional revenue sources. C. Receive a citizen report from Alan Hempstead regarding the "Fill-The-Boot" campaign. ' D. Receive a citizen report from Dessie Goodson concerning various issues regarding the city. • ! 4. Public Hearings t A. Hold a public hearing and consider adoption of an ordinance for the Detail PlLn of the Villas of Piney Creek. The subject property consists of 15.411 aorea, and is in PD-6. The property is located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard. (The Planning and Zoning commission recommends approval 4-0.) ll • i ~ • ' 4QMOINO City of Denton City Council Agenda August 1, 1995 Page 2 DO 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions tegardinj these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda 3cems 6.A, 6.B, 6.C1 6.D, 6. E), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid #1769 - Single Family Home Construction 2. Bid #1776 - Precast Manholes for Electric Distribution 3. P.O. #55299 - Boyd Excavation 4. P.O. #56409 - Motorola 5. P.O. #55718 - Jagoe Public 6. 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.2. - Bid 41776) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5,A.1. - #'1769) • C. consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.B. - P.O. 055718) D. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids, (5.A.4. - P.O. #56409) • ~ p • 1 City of Denton City Council Agenda August 1, 1995 A~1(~.rrw+o:~+diiy++wi~ Page 3 _ i E. Consider adoption of an ordinance amending Ordinance No. 95-120 relating to the emergency expenditure of funds for the removal of concrete rubble over Hickory Creek Sewer ' Fall Line by Boyd Excavation. (5.A.3. - P.O. 055299) 7. ordinances A. Consider adoption of an ordinance authorizing the city Manager to execute an agreement between the City of Denton and the Denton Affordable Housing Corporation for an increase in the supply of affordable housing in the city of Denton. B. Consider adoption of an ordinance authorizing the City Manager to act on behalf of the City of Denton in executing the Owner's Certificate of a Final Plat of Lot 1 of the Fire Station 4 Addition. C. consider adoption of an ordinance amending a portion of the schedule of electrical rates contained in Ordinance No. 94-162 by amending schedule General Service Large ("GSL") to convert from the present kilowatt ("KW") demand billing to kilovolt ampers ("KVA") demand billing. (The Public Utilities Board recommends approval.) D. Consider adoption of an ordinance authorizing the City Manager to execute a contract with William Trantham & Associates to represent W. David Scott in pending litigation styled Kathy Disberoon v. W. David Scott. Lonnie Flemming and Jim Dotson. E. Consider adoption of an ordinance retaining the lawfirm of Wolfe, Clark, Henderson & Tidwell to represent Lonnie Flemming and ;amen Dotson in the lawsuit ntyled Kathy Disheroon v. W. David-one, Lonnie Flemming and Jim Dotson. F. Consider adoption of an ordinance retaining the lawfirm • of Wood, Springer & Lyle, to represent the City in pending litigation styled Richard and arylnn Brentzel. Individu illy and on behalf of Pamela Brentzel v Ci&y of ZmXQn. Ed Green, and Denton Plaza Shopping Center. G. consider adoption of an ordinance amending sections of Chapter 27 ('Vehicles for Hire") of the Code of • Ordinances and ordinances No. 89-102 and 90-180 to • • provide for rates to be charged as fares] providing for a maximum penalty in the amount of $500.00 for violations thereof providing for a severability clause] providing for a savings clause; and repealing any ordinance in conflict herewith. r r City of Denton City Council Agenda OIAAIM~ August 1, 1995 Page 4 l9tw H. Consider adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides of Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street, the west side of Denison Street from its intersection with University Drive to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee Street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain Street, the south side of Ross Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street during the annual North Texas State Fair and Rodeo to be held from August 18, 1995 through August 26, 1995. 8. Resolutions A. Consider approval of a rasu.lution designating a rl representative in regards to a joint filing for optional extended metro service ("EMS") from the Denton exchange to the Dallas metro exchange. B. Consider approval of a resolution authorizing the City Manager to execute a joint agreement between the City of Denton and GTE Suuthwest Incorporated for optional extended metro service. C. Consider approval of a resolution waiving the thirty day notice period for an emergency adjustment so that the emergency rates adopted by the Board of Directors of the Texas Municipal Power Agency by Resolution No. 95-7•-8A may be effective on August 1, 1995. 9. Submission of the effective tax rate and rollback tax rate. 10. Submission of the certified collection t~,x rate. 11. Consider approval of a request from Ben E. Keith to fly the City of Denton flag at their location. 12. consider ncminacions to the City's Boards and Commissions. 13, vision Update 14. Miscellaneous matters from the City Manager. A. Review a schedule for the CIP election and give staff direction. a 0 • w• • City of Denton City Council Agenda August 1, 1995 q8~ Page 5 Date B. Receive a briefing and give staff direction regarding the COPS Program and potential grant funds for additional patrol officers. C. Receive a report and hold a discussion regarding the cable t.v, rate regulation and franchise transfer issues. D. Receive a briefing and give staff direction regarding an economic development partnership contract with the Chamber n~ Commerce. 16. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 17. New Business This item provides a section for Council Members to suggest items for future agendas. 18. Possibla Continuation of Closed Meeting: I A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 i B. Real Estate Under TEX. GOVT CODE Sec. 551.072 III C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of _ , 1995 at o'clock (a.m.) (P.m.) r!TY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE. AMERICANS WITH DISABILITIES ACT. THE 0 CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE • • HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN i ADVANCE Or THE SCHEDULED MEETING. PLEASE CALL THE CITY I SECRETARY'S OFFICE AT 566-8709 OR USE TELECOMMUNICATIONS i DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX 80 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACC002A2 • 0 • a r M 1: { CITY COUNCIL op pf t M ; 4 wao 0 t~ 'p°"r•00o0 • • r 43 • AA~~ i CITY OF DENTON CITY COUNCIL MINUTES IL _9 57 June 6, 1995 The council convened into closed Meeting on Tuesday, June 6, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Fro Tem Brock; Council Members Chew, Cott, and Krueger. ABSENT: Council Members Miller and Biles. 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sea. 551.071 1. Considered action in Frances Rodgers v. City of Renton• 2. Considered action in Disheroon v Scott et al. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment process for part-time Municipal Judge. Council Members Miller and Biles arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, June 6, 1995 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry) Mayor Pro Tem Brock; Council Members Biles, Chew, Cott, and Krueger. ABSENT: Council Member Miller 1. The council received a report regarding the City's request for proposals for delinquent tax collection services and gave staff • direction. Jon Fortune, Chief Finance Officer, stated that each October the 1 City billed taxes for that year. Those taxes became delinquent as of February 1st of the preceding year. Those citizens not paying their taxes as of that date received a letter in February, March and May in an attempt to collect the money due. As of July 1 those • accounts still not paid were turned over to a delinquent tax • • collection firm for collection. The current contract with McCreary, Veselka, Bragg & Allen would expire as of June 10, 1995. It was standard procedure to request new bids for delinquent tax collection services when the delinquent tax collection attorney contract expired. six firms responded to the request for proposal. • 0 w • ig1*No 4gendallerL,r ~ ate City of Denton city council Minutes June 6, 1995 Page 2 Selected firms would make presentations at the next council meeting. The back-up information contained a summary of each of the responding firms. Final selection of a firm was scheduled for June 13th and contract approval was scheduled for June 20th. A history of the City's actual collection rate as of September 30th was provided to the Council. The City0s collection rate had increased during the last five years which meant that the amount of money which remained at the and of each year was decreasing. A summary of each firm which had respondAd to the request for proposal was noted. The summary included information such as whether the firm met the general requirements of the request for proposal, whether the firm had adequate software for the job, number of staff on each firm, closest office location, whether the firm was affiliated with local counsel, extent of the practice, total number of current clients, and EEO employer status. Mayor Pro Tem Brock stated that recent legislation was passed concerning anti-affirmative action and asked if that applied only to State contracts. rl Acting City Attorney Mike Bucek stated that he would research that information for Council. Mayor Pro Tem Brock stated that part of the contract indicated that the City would pay 15% of the amount of delinquent taxes. Fortune stated that the taxes collected would have a 15% penalty and interest clause plus a monthly interest charge. When a citizen paid the taxes to the City, he paid that penalty and interest and the City would then reimburse the particular collection attorney for that amount. Council Member Biles stated that Council had a memorandum which indicated that over the last six years tnere was an increasing collection rate. Which of those six years had the City been • represented by the McCreary firm. Fortune replied that the City had been represented for the years 1992-93. 1992 was only half of a year as that was the year the City changed firms. The prior firm had six months to collect on accounts in suit at the time the firma were changed. • Council Member Biles asked who was the firm presently representii,y • the DTSD. Fortune stated that it was Blair, Goggan, Sampson & Meeks. a • 0 • • ORO NO 1A9ndelf , IMP City of Denton City council minutes June 6, 1995 Page 3 Council Member Biles asked if when the DISD filed a suit in its tax collection procedure, were other taxing entities notified of that suit or by statute, would the other taxing entities be involved in the same law suit. Fortune replied correct. Council Member Biles stated that the numbers might not reflect total service as there might be a cross of the two entities. Fortune stated that when the DISD firm filed a suit and if the account was also delinquent for City taxes, the City would automatically be joined in the suit. Council Member Silos stated that the case might be that one or other of the two firms which had been representing the City might have taken the lead either by representing the City or the DISD. The numbers would be a composite as a result of joining of forces. Council Member Cott stated that there were three entities from which taxes were collected in the City of Denton. One had nothing to do with the other at a given point in time because the factors were different and were not coordinated. The fact that a firm could collect in another city had nothing to do here. The City had a firm which had improved every day with that tax collection. There was no method of direct comparison and such a comparison should not be done. He felt that the City should stay with the current firm. Council Member Miller stated that the Council went through this two years ago and felt at that time that it would be in the best interest Lo review this contract on a regular basis. Miller motioned, Chew seconded to ask the firms of Blair, Gogqan, Sampson & Meeks; McCreary, Veselka, Bragg & Allen; and Sawko & • Burroughs to make presentations to Council on June 13th. On roll vote, Miller ^aye", Chew "aye", Cott "nay", Krueger "aye", Brock 10ayell, Biles "aye", and Mayor Castleberry "ayes'. Motion carried with a 6-1 vote. 2. The Council received a report and held a discussion regarding the proposed 1996-2000 Capital Improvements Program. 6 O Jon Fortune, Chief Finance Officer, stated that the capital • improvements process began each February with the distribution of a budget priorities questionnaire to the council. At that same time, the Planning and Zoning Commission and the Public Utilities Board held a joint public hcaring to receive citizen input and O 0 • • +~da No City of Denton City Council Minutes June 6, 1995 Page 4 comments regarding a proposed capital impro~,enents program. This information was used by staff to make a recommendation to the Planning and Zoning Commission for the General Government portion and by the Public Utilities Board for the utilities portion of the CIP. Final recommendations were made by the Planning and Zoning Commission on May 31, 1995. The recommendation was to recommend the CIP as recommended to the Planning and Zoning Commission by the Executive Team for the general government and by the Public Utilities Board on the utilities side with the condition that all of the comments made in regards to the discussion of the program be included with the capital improvements. Council typically adopted the first year of the five year plan. As the years proceeded, staff could recommend new projects for the fifth year. This year the following projects needed to be restructured: Myrtle Street paving and drainage, Collin Street paving and drainage, and Eagle Drive drainage. These projects did not change the funding scenarios of any of the early years. The second change in this CIP from the previous CIP was the purchase of Loop 288 right-of- way/Phase I and Phase II. This project was placed in the plan due to a slight growth in property values plus a minor restructuring of the debt for the first two years. Mayor Pro Tam Brock stated that in a memorandum to the Planning and Zoning Commission from Kathy DuBose it was indicated that the additional funding wns, made possible by the increase in property values with a change in debt repayment structure, she asked for an explanation in the change of the debt repayment structure. Kathy DuBose, Executive Director for Finance, stated that the possibility of issuing debt later in the year was considered. The debt could be structured so that only an interest payment was due the first year and not a principle payment. With that slight 1 savings, it was possible to open up enough funding. Mayor Pro Tam Brock stated that the remainder of the additional • money would come from the increase in property values. DuBose stated that there was a slight increase. The figures were based on an astimnted 2% growth and last year there was an approximate 4 1/2% growth. Mayor Pro Tam Br, asked if because more money might be available ® would more extei. 4 work be done on Eagle Drive. • • DuBose replied no. Only the phasing was changed and not any of the figures, Mayor Pro Tam Brock asked if Eagle Drive needed to be done first. a i • m • ~gendaNo Apendaltet~ I City of Denton city council minutes June 6, 1995 Page 5 Jerry Clark, City Engineer, stated that the exiting system was half the size which was needed. There was bad flooding in the area and the need was to do the drainage first. Council Member Miller asked if there was money from prior bond issues for the Loop 288 project. Clark replied that funds were originally passed for the section E from U. S. 380 to 135. City Manager Harrell stated that the City had bond authority for that section of road. Council Member Biles stated that based on the May 31st minutes of the Planning and Zoning commission, individual comments were listed. No where in the minutes did it contain a motion and a vote on the CIP. Fortune stated that on page 14 of the minutes, Commissioner Schertz motioned that the Commission present to the City Council each Commissioner's comments and their recommendation regarding the CIP stated by each individual member. Council Member Biles stated that the Commissioners dial not adopt the CIP program. DuBose stated that, the Commission recommendation was to approve the CIP and attach with that their comments to the Council. Council Member Biles stated that the minutes did not reflect that. The thoughts of the Commissioners, as indicated in the minutes, did not substantiate the position of the CIP. Repeatedly in their comments, the Commissions felt that they had inadequate preparation time, backup and documentation to consider the CIP. Their second concern was drainage. No where in the minutes was there a motion • or a vote to accept the CIP. What the Commissioners did indicate was that they wanted their comments heard by Council. Those comments stated that the Commissioners were inadequately informed and what they wanted was drainage. He asked if ho was misreading the minutes. DuBose stated that he might not have all the information from the O minutes. She clarified three times at the Planning and Zoning • • Commission meeting that the do,.ument would go forward, incorporating their comments. Council Member Biles stated that he had talked with three commissioners regarding the CIP. on page 3 of the 1995-96 CIP, the • w 0 ,9ends No - q end a l lertU..._..,.,..,,,,.,.,.. City of Denton City Council Minutes June 6, 1995 Page 6 last line item was Loop 288 by-pass right-of-way. That was the only place where that item appeared. Three Commissioners had indicated to him that the CIP book presented to Council was not what they thought they were getting. He had a problem with what was being presented to Council. City Manager Harrell stated that the Charter requirement indicated that the Planning and Zoning Commission had to submit to the City Manager a CIP program 90 days prior to the start of the fiscal year. That requirement had been made. It was staff's understanding that although individuals were still having concerns regarding the CIP which were expressed to the Council, the Charter obligation had been met in the recommendation of the CIP submitted to Council. If that was not the case, then it needed to be clarified and the Planning and Zoning Commission needed to make changes necessary to the document to be comfortable as a group on what was being submitted to the Council. If necessary, the document needed to be referred back the Planning and Zoning Commission for reconsideration. Ccuncil Member Krueger felt that the Planning and Zoning Commission did not approve the document. What was indicated was that a motion was made to approve the CIP as recommended by the Executive Team and the Public Utilities Board. He had also talked with two Planning and Zoning Commissioners who related their frustration regarding a lack of time to look at each line item. He felt that the report was difficult to follow and was concerned about the priorities. DuBose stated that the discussions also indicated that at this point, the City did not have the bond authority to go forward with this CIP. The Council would probably appoint a Blue Ribbon Committee similar to the 1986 bond election. That committee made recommendations to the Council regarding particular projects and I the timing of the projects. • Council Member Krueger suggested referring the document back to the Planning and Zoning Commission and to request specific recommendations where they approve or disapprove the items. Mayor Pro Tom Brock suggested that since there were some questions regarding the CIP and as there was time to refer it back to the • Planning and Zoning Commission, the Commission should take another • 1 look at the document. In effect, theory was being discussed as the City had no money to spend on capital improvements until there was a bond election. That bond election had to be approved by the public. There would be many opportunities to rearrange priorities and to accept public input. • V#* No, City of Denton City Council Minutes ate June 6, 1995 Page 7 DuBose pointed out that at the request of the Commission, an additional meeting was held to review the CIP. Council Member Miller felt that the document should be returned to the Commission for further consideration. If there was some confusion, it should be clarified. He suggested a summary of those capital imprsvements which already had bond funds as it would be helpful to know what had already bean authorized. Council Member Biles felt that the Commissioners did not have enough time to review the documents in order to make decisions regarding the CIP. DuBose stated that Commissioners Norton and Cochran had made some of the statements assuming that something had been deleted from the CIP. They felt that something had been taken out of the CIP to allow something else to be placed in. That was not correct. Every { year, the fifth year of the CIP was added and not the entire documents, Much of the information was not new information but merely the fifth year was new. City Manager Harrell stated that the first page under the General Government tab indicated bond money already sold and with existing funds. A second column indicated authorized but unissued bonds which were bonds which the citizens had given approval to issue but had not been sold yet. The last column was a long list of unauthorized unissued projects. Those projects needed citizen approval, Council Member Cott noted that there were many absentees during the commission procedure which might have caused some of the confusion. Mayor Castleberry stated that the consensus of the Council was to return the CIP document to the Planning and zoning commission for reconsideration. • 3. The Council received a report, hold a discussion and gave staff direction regarding possible purchase of Denton's cable television system. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened Regular Meeting of the City of Denton City Council on Tuesday, dune 6, 1998 at 7100 p.m, in the Council Chambers, • w • "0 No ~Aendalt City of. Denton City Council Minutes June 6, 1995 Page 8 PRESENT: Mayor Castleberry; Council Members Chew, Cott, and Miller. ABSENT: Mayor Pro Tem Brock; Council Members Biles and Krueger 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Pro Tem Brock joined the meeting. 2. The Council considered approval of the minutes of May 9 and May 16, 1995. Miller motioned, Chew seconded to approve the minutes as presented. On roll vote, Miller "aye", Brock "aye", Cott "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Members Krueger and Biles joined the meeting. Mayor Castleberry presented the following proclamation: National Garden Week 3. Resolutions of Appreciation A. The Council considered a resolution of appreciation for Virginia Bruce. i The following resolution was considered: { NO. RA95-014 RESOLUTION OF APPRECIATION FOR VIRGINIA BRUCE • Cott motioned, Chew seconded to approve the resolution. On roll vote, Miller "aye", Brock "aye", Cott Mayo", Krueger "aye", Chew "aye", Bil.es "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the Yard of the Month awards to: La Colina Apartments Al and Darlene McNatt Herb and Mutt Ferrill Caitlyn, Brenda and Nim Ashley Roshaun and Sheilah Bell ,r . a • +A~No City of Denton City Council Minutes June 6, 1995 Page 9 I B. The council considered a resolution of appreciation for L1don Lew Hawes. The folluwtng resolution was considered: NO. RA95-015 RES014UTION OF APPRECIATION FOR ELDON LEW HAWES Chew motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Citizen Reports A. The Council received a report from Wilbert Bryant regarding the lighting for the basketball courts at the North Lakes Recreation Center. Mr. Bryant was not at the meeting. B. The Council received a report from Nell Lights regarding the flood plain and her property located at 514/516 E. Prairie and 509 Maddox. Ms. Lights was not at thq meeting. 5. Citizen Requests A. The Council consideree a request from Julia LoSoya for an exception to the noise ordinanr-o for a band concert at the North Texas Fairgrounds until 12:00 midLtght on Friday, June 30, 1995. 0 Veronica Rolen, Administrative Assist-int, stated that Ms. LoSoya had requested an exception to the rise ordinance. The City Council had granted a prior exception to Ms. LoSoya with only one call received during the event. Ms. LoSoya had other concerts at the Fairground with no exceptions to the noise ordinance. Those concerts had several complaints. 6 Council Member Cott asked if the noise complaints were identified 0 or anonymous. Rolen replied that the calls were received at Central Dispatch with no indication of a name from the caller. The ;,alls were well documented regarding type of call, time of dispatch and response. 0 ~,I 0 w • agenda ~ te~.._.....,.,,,......._... City of Denton City Council Minutes X16.' June 6, 1995 Page 10 I Council Member Cott felt that the organization should be given another chance as some times the calls were false. Mayor Pro Tem Brock stated that at times when citizens had called her about disturbances at the Fairgrounds, she had gone out and found that they were not false calls. Some calls were legitimate and were concerns. Krueger motioned, Brock seconded to approve the exception. on roll vote, Miller "aye", Brock Ilayelf, Cott "aye", Krueger 'taye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning .6148 acres to a General Retail (GR) zoning district, from an Agriculture (A) district. The site, contiguous with an existing GR district, fronted on the southbound I-35E service road, approximately 280 feet northwest of Teasley Lane. (The Planning and Zoning Commission recommended approval, 7- 0.) Frank Robbins, Director of Planning and Development, stated that this was an addition to the general retail district. The anticipated use would be for a hotel but was not the explicit use indicated. There was no site plan presented but the motel was the anticipated use. The proposal was located in moderate activity area as shown on the Denton Development Plan. zoning was .onsistent with the policies associated with a moderate activity area. The Mayor opened the public hearing. Jim Dewey stated that the anticipated use of the property was for • a motel on the site. He was available for questions from council. No one spoke in opposition. The Mayor closed the public hearing, Mayor Pro Tem Brock asked about exits and entrances for the ® proposal. Jerry Clark, City Engineer, stated that there would be a shared access on 135 with a vacant lot and a shared access with the Shell Station on Teasley Lane. r,~ • ca e City of Denton City Council Minutes f June 6, 1995 Page 11 Mayor Pro Tom Brock asked if the access would only go on Teasley with the rebuilding. II Clark replied correct. Mayor Pro Tom Brock expressed concern regarding adequate access. fj Clark replied that the shared drives would eliminate the need to f` have three driveways in a row in the area. The following ordinance was considered: I NO. 95-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.6148 ACRE TRACT OF LAND LOCATED ON THE SOUTHWEST SIDE OF INTERSTATE HIGHWAY 35E, APPROXIMATELY 300 FEET NORTHWEST OF ITS INTERSECTION WITH TEASLEY LANE (FM 2181) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezoning 38.429 acres from the Planned Development (PD-70) and Agriculture (A) zoning districts to the Commercial Conditioned (C(c)) zoning district on property located on the southeast corner of Loop 288 and Spencer Road. (The Planning and Zoning Commission recommended approval 7-0.) • Frank Robbins, Director for Planning and Development, stated that this would be a conditioned zoning with no associated site plan. There would be a number of uses allowed with the zoning but it was anticipated that the site would be used for a Walmart SuperStore. The proposal was located in the southeast urban center according to the Denton Development Plan's concept map. An urban center was an area which was planned for the highest concentration of commercial 8 and employment centers. The use was consistent with the Denton • • Development Plan. The conditions listed limited the uses in the district but the allowed uses were consistent with commercial zoning south of the location. The Mayor opened the public hearing. • a~ • ~gendeNa 'file City of Denton City Council Minutes June 6, 1995 Page 12 Tom Galbreath indicated that he was representing the existing owner of the property. Walmart was proposing to develop the property for a superstore. This larger Walmart would add a grocery store with a larger store area for general merchandise. He reviewed the details of the dimensions and layout of the proposed store plus the traffic flow for ingress and egress to the property, The proposed layout of the property would save several large oak trees on the property. Water and sewer service would have to be extended to the property. Drainage would flow from a small area on the road system to the west of the property to a pipe system into dedicated retention ponds. He felt that the proposal would present no problems with the surrounding property owners. Mayor Pro Tem Brock stated that the water line would be extended at City expense and the streets would be at the builder's expense. Galbreath replied correct. Mayor Pro Tem Brock asked about a reference to a Mrs. Myers who had concerns regarding the proposal. Galbreath stated that Ms. Myers was made aware of the zoning and had called Walmart directly. She had expressed concerns with the uses of the property. Uses which were restricted included sexually oriented businesses, go cart tracks, dance halls when the primary business was the sale of alcohol, etc. Mayor Pro Tem Brock asked how long Walmart had been dealing with the City in this development. Galbreath stated that they had started looking at the site in October/ November, The Walmart executives wanted to make sure that this was the right site and took a longer period of time to evaluate the site and other sites, Once they had settled on the site, Denton had been one of the faster cities they had worked with • in terms of what could be done to help, what meetings were necessary, etc. Council Member Cott asked about the possible expansion of the super sore. Galbreath replied that in the past Walmart had always reserved • property in the rear or side of the store for possible expansion. • Walmart had since stopped allocating that area for future development. No one spoke in opposition. cr A p • r ~endnNo. 'late City of Denton city council Minutes June 6, 1995 Page 13 The Mayor closed the public hearing. The following ordinance was considered: NO. 95-104 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO. 70 (PD-70) AND AGRICULTURAL (A) ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO COMMERCIAL-CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATION FOR 38.429 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF LOOP 280 AND SPENCER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. on roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry Motion carried ' unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning 2.004 acres to a Single-Family Seven (SF- 7) zoning district, from an Agriculture (A) distriot. The site was located on the northwest corner of Hinkle Drive and Haggard Lane. (The Planning and zoning commission recommended approval, 7-0.) Frank Robbins, Director for Planning and Development, stated that this would be a single family development which would adjoin an existing single family development. The intensity allocation would be less with this development. The Mayor opened the public hearing. No one spoke in favor, • No one spoke in opposition. The Mayor closed the public hearing. Council Momber Miller left the meeting. • The following ordinance was considered: • A lip J] xti s • • City of Denton City Council Minutes late June 6, 1995 Page 14 NO. 95-105 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO SINGLE FAMILY - 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 2.004 ACRE TRACT OF LAND LOCATED ON THE NORTHWEST CORNER OF HINKLE DRIVE AND HAGGARD LAND; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Variances A. The Council considered a variance to Section 34-124 (f) ' 3 of the Subdivision and Land Development Regulations concerning drainage for the proposed Diamond H Ranch. The 41.241 acre tract was located on the south side of Jim Christal Road, at Egan Road. (The Planning and zoning commission recommended approval 7-0 with the condition that adequate easements be dedicated on the associated plat.) Frank Robbins, Director for Planning and Development, stated that the next five items on the agenda dealt with exaction variances associated with the subdivision and land regulations. An exaction was a standard in the subdivision ordinance which required a developer to build certain infrastructure or dedicate easements or right-of-way for certain public improvements. There was a specific and separate variance process which the Council was associated with. This dealt with tax payers dollars and who should build the improvement. Council Member Miller returned to the meeting and Council Member • Cott left the meeting. Robbins continued that the first variance dealt with a very large lot subdivision with only one house to be developed on the lot. The first variance was to the requirement to build underground or piped drainage improvements. The standard was that if water could be carried in a 48 inch pipe, then piping had to be built. S Understanding that only one house could be built in the • • 1] agricultural zoning, the Planning and Zoning Commission felt that it would be beyond reasonable benefit to require that the i underground piping be provided and recommended the variance. The standards for approval of an exaction variance were that the imposition of the standards were so excessive as to be confiscatory ~ 0 s 0 r 4ge ndal ts+R.~..-......-.......~. City of Denton City Council Minutes June 6, 1995 Page 15 or that it exceeded any reasonable benefit to the property owner. Brock motioned, Miller seconded to approve the variance. On roll vote, Miller "aye", Brock Faye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a variance to Section 24-114 (5) and (17) of the Subdivision and Land Development Regulations concerning perimeter paving and sidewalks for the proposed Diamond H Ranch. The 41.241 acre tract was located on the south side of Jim Christal Road, at Egan Road. (The Planning and Zoning Commission recommended approval 7-0.) I Council Member Cott returned to the meeting. Frank Robbins, Director for Planning and Development, stated that exactions dealt with the perimeter street paving of Jim Christal Road and associated sidewalk improvements. The Planning and Zoning Commission recommended a complete variance. improvements for the street were estimated to be $66,000 and $11,000 for the sidewalks. in previous cases, a figure had been estimated for the coat of street perimeter paving on an average lot with 601 of frontage. Staff had recommended $5400 of improvements be made. The Planning and Zoning Commission decided that that would not be appropriate in this case. TI.ey amended a general development plan which was associated with property to the east of this proposal. The amendment to that general development which would apply to the rest of the development was that the developerv of the rest of the land would be responsible for the improvement-4 along Jim Christal Road. Council Member Cott expressed a concern regarding the variance relating to the sidewalks. The City needed to make up its mind if it wanted sidewalks or not. Robbins replied that the regulations did not require a fee but • required that the improvement be made or fees in lieu. That was a developer option, Mayor Pro Tom Brock stated that in this casa it would not be practicable to have sidewalks on this site. Brock motioned, Krueger seconded to approve the variance. On roll ® vote, Miller "aye", Brock "aye", Cott "nay", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried M with at 6-1 vote. i I • 0 va • Igma No A990Alterr~ tote City of Denton City Council Minutes Tune 6, 1995 Page 16 C. The Council considered a variance to Section 34-124 (f) 3 of the Subdivision and Land Development Regulations concerning underground drainage improvements for the proposed Happy Valley Addition. The addition was located on the IH-35E frontage road, between Teasley and Sam Bass Roads. (The Planning and Zoning Commission recommended a partial variance 6-0.) Frank Robbins, Director for Planning and Development, stated that a development plat was being processed for this location. A development plat was a different form of platting than a i subdivision plat. A development plat included a site plan. Conditions associated with the request were that two drainage easements would carry the runoff. The drainage improvements would be made in the easements rather than in the pipe system. Council Member Biles left the meeting. Brock motioned, Chew seconded to approve the Planning and Zoning recommendations. On roll vote, Miller "aye", Brook "aye", Cott "aye", Krueger "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered a variance to Section 34-114 (17) of the Subdivision and Land Development Regulations concerning sidewalks for the proposed Happy Valley Addition. The addition was located on the southbound IH-35E frontage Road, between Teasley Lane and Sam Bass Roads. (The Planning and Zoning commission recommended denial 7-0.) Frank Robbins, Director for Planning and Development, stated that this was a variance for sidewalks which were required to be built along 135. The Planning and Zoning Commission recommended denial of the variance and to construct the sidewalks. The cost was $3,000 for the sidewalks and the Commission felt that was not in excess of the cost for the property. There was a sidewalk b currently adjoining the property and two associated properties would be probably be developed in the near future which would allow the sidewalks to link up. Brock motioned, Chew seconded to follow the recommendation of the Planning and Zoning Commission to deny the request for a variance, on roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", e Chew "aye", and Mayor Castleberry "aye". Motion carried 0 0 unanimously. • • A ndaltem r City of Denton City Council Minutes June 6, 1995 Page 17 E. The Council considered a variance to Section 34-114 (17) of the Subdivision and Land Development Regulations concerning sidewalks for the proposed Milam Creek Ranch, Phase One. The 26.1 acre site was located on the south side of Milam Road (F.M. 3163) east of Interstate 35. (The Planning and zoning commission recommended approval 6-1.) Council Member Biles returned to the meeting. Frank Robbins, Director for Planning and Development, stated that this was a request for a sidewalk variance to the internal street. Under current regulations, because the proposed subdivision was further than 8,000 feet from an existing City of Denton water line, perimeter street paving along Milam Road and the perimeter sidearalk in the same area was not required. But perimeter sidewalks were required on one internal street. The Planning and zoning commission considered the facts that the sidewalks would not connect on the perimeter, that the lots were very large, that it was a considerable distance from any existing pedestrian destinations and felt that it exceeded the reasonable benefit to the development. At the same time, the commission directed staff to consider those same variables in an amendment to the Subdivision Regulations which might not require any development under those kinds of conditions to have to build internal sidewalks. Mayor Castleberry noted that the property was in the City's extraterritorial jurisdiction and not in the City limits. Krueger motioned, Biles seconded to approve the variance. Council Member Miller asked if there were any conditions associated with this variance. Robbins replied that there were no conditions associated with this variance. There was an issue which the Planning and Zoning • Commission had discussed with the developer which dealt with deed restrictions. That restriction would convey 'formation to potential buyers and owners that the City of Denton would not build a sidewalk. Council Member Miller asked how that was included in the variance. 1 O Robbins replied that it was not included in the variance and was • + 1 not a condition of the variance. The Planning and Zoning commission had an understanding that rather than an ordinance requirement that would occur and anticipated that it would be included on a plat which would be later reviewed by the Commission. There was no legal binding for that condition. • ca • igendeND ;aendaltrL,, . City of Denton City Council Minutes RItF - - June 6, ]995 Page 18 On roll vote, Miller 'laye", Brock "aye", Cott "aye", Krueger. "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Consent Agenda Brock motioned, Chew seconded to approve the Consent Agenda as presented. A. Bids and Purchase orders: 1. Bid 11716 - Annual Solid Waste Analytical Testing 2. Interlo. _ Agreement - Houston-Galveston Area Council of Governments 3. Contract - Alan Plummer and Associates 9. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 9A. - 9C. Biles motioned, Chew seconded to adopt the ordinances. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-106 AN ORDINANCE ACCEPTING COMPETITIVE BIDS A AWARDING A ! CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS TT 'EFORE; AND l PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1736 { B. NO. 95-107 I AN ORDINANCE AUTHORIZING THE MAYOR TO EX.6i_ INTERLOCAL AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNi„&.. TU AUTHORIZE PARTICIPATION IN VARIOUS HOUSTON-GALVESTON AREA COUNCIL CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES) AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (7.A.2. - Interlocal Agreement) C. NO. 96-108 e AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A • • CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES REQUIRED RELATING TO THE PLANNING, / DESIGN AND CONSTRUCTION OF A COMPOST FACILITY AT THE CITY'S PECAN CREEK WASTEWATER TREATMENT PLANT; PROVIDING OF THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (7.A.3.) i J 4 City of Denton City Council Minutes qtP June 6, 1995 Page 19 10. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid 01706) City Manager Harrell stated that this item normally would have appeared on the Consent Agenda but since It was complex, it was listed alone. Tom Shaw, Purchasing Agelit, stated that ,,his bid was for the renovation of City Hall West. It was recommended that the award be given to the lowest bidder of OWC Construction Company in the amount of $375,745. The bids did exceed the original estimates but funds were available for the full project as presented. City Manager Harrell stated that this was the second major building scheduled for renovation as listed in the City's space plan. The first was the Denton Municipal Complex which provider; for changes in space allocation for the city departments. It was hoped that the bid for the fire sprinkler would come in at a lower cost than what was received. It was the intent to try and negotiate with th-i bidder to make modifications to the system to reduce the cosy ' the sprinkler system. ~.,uncil Member Miller stated that •1.1 the renovations woulr bc. internal and would not deal with th( •rior of the bu'lding. Shaw replied that there would be Ing exterior other s additional landscaping. Frank Robbins, Director for Planning to Developmen'. stated the the Historical Landmark Commission k. reviewp -nd approved exterior alternatives to the boil,,;. lertificates of appropriateness had been issued for windcws which might be installed. Those might not be part of this particular package. Council Member Cott asked if the cost over run was in the sprinkler system. Shaw indicated that the total bid was $575,745. It was anticipated that $262,000 would be for the base bid but was received at A $303,000. The fire sprinkler bid was anticipated to be $55,000 and was received at $72,000. Council Member Cott asked if the sprinklers were included in the bid. i 1 :9. CS I1 • • ;gaiida~terR.~ City of Denton City Council Minutes June 6, 1995 Page 20 Shaw replied that originally there was $317,000 for the project including the sprinklers and the bid came in at $375,000. Council Member Cott asked why the sprinklers were needed. City Manager Harrell stated that the building had a great historic value and the philosophy of the City was to sprinkle when improvements were done to such a building. Mayor Castleberry stated that the purpooe of approaching this in this manner was to be able to negotiate the fire sprinkler system. City Manager Harrell stated that it was anticipated that the cost should be lowered through negotiations with the supplier. It also appeared that there was much construction activity going on at this time and bids seemed to be coming in higher than originally estimated. Council Member Cott asked if the bids were too high, why not wait a year and rebid the project. City Managti_ Harrell stated th.,t the bids would no. be any better a year from now. Mayor Pro tem Brock stated that it was the Counci' i policy that the city vould conform to the requirements pla on private entities. Ong, goal was to bring the building up to ty code. It was an important principle to set an example fol hers in the City. Council M, )er Krueger sta that the City d, not have to sprinkle s building but r doing so to show th the City war il,linrl . flow the r-0 ' he amount r .ar system was •~i'aar 4 .....dt of two ..a.c a.iy,,t.ecs did not believe that it was necessary to spend that much money to • make a point. Mayor Castleberry stated that it was not a case of mak'ng a point. The building did not have to be sprinklered. It was a case of preserving and protecting an important City historic building. Prevention was much better than cures in some cases. The ordinance did not apply to this district but the City should follow the O requirement. City Manager Harrell stated that if a private party was doing the proposed renovations, they would not have to install the sprinkler system. If a private party was building a new structure, they would have to install the sprinklers. • as • S gendaNo _ nendelterrL ~ City of Denton City Council Minutes June 6, 1995 Page 21 Council Member Krueger felt that this was being done to make a point and the City could not afford to make such a point. Mayor Castleberry stated that other public buildings in Denton would be sprinklered in the future. Council Member Cott stated that he could see that the sprinkler system would protect the building but not the contents. The following ordinance was considered: NO. 95-109 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Miller seconded to adopt the ordinance. On roll ' vote, Miller "aye", Brock "aye", Cott "nay", Krueger "nay", Chew "aye", Biles "aye", and Mayor Cas' aberry "a,,e". Motion carried with a 5-2 vote. B. Tt,e - ail consid.ated adoption of an ordinr e f prohibiting the p Ming of vehicles on certain portions of N,,c,.h Elm Strer.t. (The affic Safety Co.amlasion recommended approval.) Jerry Cla, City Engineer, stated +,..t this was 4 request from Larry Ha,', 'son who .ad business the area. rh intent of `'~e ordinanc Ys to no' he ) cars opt ,ing doors int the lanes ' traffic. i Counc~,. where :g wot be - ce re, ;r' from the i jet. • Clark replied that there was adequate on-site ,r:„r>g in the r of the building. The following ordinance was considered: NO. 9b-110 f" AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF NORTH ELM STREET; l PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO J EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. • ar • City of Denton City Council Minutes June 6, 1995 Page 22 Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles ~Iaye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Londonderry Lane. (The Traffic Safety Commission recommended approval.) Jerry Clark, City Engineer, stated that this was an existing policy zone in which the no parking was enforced by policy rather than by ordinance. All the area landowners were contacted regarding the no parking and no one was in opposition to the signage. Council Member Cott asked where the parking would be. Clark replied that this was an existing no parking zone and that there was good on-site parking in the area. The following ordinance was considered; NO. 95-111 .N DINANCE PRO IBITING THE PARKING OF EHICLES ON CERTAI'.' POI, ONS OF LOY )NDER.+.Y LANEI PROVIDING PENALTY OF A FINS N('' TO EXCEED Oar °'DRFD DOLLARS ($2 00) ; PROVIDING A SEVERABILITY I AU9.., ,tE""ALIVG ALL ORI''. LACES IN CONFLICT HEREWITH; PRIDING Fr PUrLICATION; ID DECLARING AN EFFECTIVE DA7 '-ock motioned, r seconded Pt the ora ^e. 0• ail ' ote, Miller "u ick "aye' "nay", Kruey_. , Chew "aye", Biles "aye", and Mayor. C leberry "aye", Motion carried with a 6-1 vote. • D. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of West Oak Street. (The Traffic Safety Commission recommended approval.) Jerry Clark, City Engineer, statea that this was also an old policy zone put into place without an ordinance to enforce the no parking. Both property owners approved the existing no parking zone. The following ordinance was considereds • b ,,t•k,. AS~ivl. ~ . a i~3* • ApMd~l~ City of Denton City Council Minutes June 6, 1995 Page 23 NO, 95-112 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF WEST OAK STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Avenue B. (The Traffic Safety Commission recommended approval.) Jerry Clark, City Engineer, stated that this was an old policy zone in place without the existence of an enforcement ordinance. The following ordinance was considered: NO. 95-113 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF AVENUE B; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Krueger motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Brock "aye", Cott "aye", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • 11. Resolutions I~I 1 A. The council considered approval of a resolution adopting j Policy No. 106.06 "Response Time and On-Call Duty". Tom K.linck, Director of Human Resources, stated that this • resolution would authorize implementation of a new policy for • employees to respond and be available after normal duty hours. The policy would formalize the current practices and policies within / the City and would ensure that the City was in compliance with State and Federal regulations. The policy set minimum response times and on-call responsibilities, particularly in emergency ;~V6~ K21 • s r City of Denton City Council Minutes June 6, 1995 Page 24 situations. The policy would ensure that employees with the proper knowledge and expertise would be available for response. The policy provided that each department director would set procedures based on the nature of the service provided and to ensure fairness and consistency across organizational lines. The City would be required to pay overtime for any work extended beyond 40 hours per week. There would be no budget impact as the overtime hours were already included in department budgets. Council Member Miller asked if this was the current policy and the resolution would formalize that policy. Klinck replied correct especially with current regulations. Council Member Biles asked why a minimum of two hours was being provided instead of perhaps one hour. Klinck replied that that was a balance with people being restricted by phone. Research showed that most calls took more than two hours when called out. Rather than paying someone to sit and wait to be called, it was preferred to pay about what the minimum call out would be. That would allow the employee to leave home and still respond in an effective manner. Council Member Bites stated that in most circumstances, if someone had to unlock a door for an event and it could be done in a much shorter period of time, why not pay for an hour of work instead of two hours of work. Klinck replied that those were normally scheduled activities which were already anticipated in advance. Department directors would have the opportunity to schedule people for some events which would eliminate some overtime work. This policy was referring to emergency situations when there would be a need to respond to a power outage, etc. • City Manager Harrell stated that this was a trade-off, recognizing that when an employee was assigned to an on-call status there were some restrictions on that employee and his activities. Having a minimum period which was not excessive would be a recognition that if the employee had to go out on a call, he would be compensated for that work. Council Member Cott suggested deferring this item for a week to work out a base budget and what the contingency would be. This would provide what the policy would cost the City. w e w e r Ap*No City of Denton City Council Minutes - June 6, 1995 Page 25 Klinck replied that the overtime contingency had already been built into the budget and this policy would formalize what currently was done. There would be no budgetary impact as the dollars were already built into budget. The following resolution was considered: NO, R95-029 A RESOLUTION ADOPTING POLICY NO, 106.06 "RESPONSE TIME AND ON- CALL DUTY"; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. on roll vote, Miller "aye", Brock "aye", Cott "nay", Krueger "aye", Chew "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Council considered Item $12. 12. The Council considered adoption of an ordinance canvassing the E results of the run-off election held for District One on June 3, 1995. City Secretary Jennifer Walters presented the returns of the election. The following ordinance was considered: NO. 95-114 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JUNE 3, 1995. Chew motionod, Brock seconded to adopt the ordinance. on roll e vote, Miller. "aye", Brock "aye", Cott hays", Krueger "aye", chow "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 13. Oath of Office for District One Council Member. Jennifer Walters, City Secretary, administered the Oath of office e to Carl Gene Young, Sr. - District One, 14. Election of a Mayor Pro Tempore. Cott nominated, Young seconded David Biles for Mayor Pro Tempore. e 0 1 _ SRI 7 1~ ~i'I 1 w • 4g~i~Ne City of Denton City Council Minutes June 6, 1995 Page 26 Brock nominated Jack Miller for Mayor Pro Tempore. on roll vote for Biles for Mayor Pro Tempore, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. Council returnod to the regular agenda order. B. The Council considered approval of a resolution approving an ordinance format to be used in granting to persons responsible for annual events which had demonstrated a history of past responsible compliance with the City's noise ordinance, exceptions to the limitations imposed by Section 20-1 (c) (2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of an amplified loudspeaker system, pursuant the provisions of that section. Veronica Rolen, Administrative Assistant, stated that on an annual basis several organizations came before the Council to request exceptions to the noise ordinance for the use of amplified sound. At the March 28, 1995 work session staff presentee a draft ordinance which would allow for multiple year exceptio:s to the noise ordinance to organizations which :onsistently arrved the public interest and demonstrated rec _lble use of iplified sound. The ordinance format include 'n the back-up terials would have to be adopted for each organ t.on or event nesting the special exception. The resolution P .d. adopt the lioy to allow for these multiple year exception j Council Member Krueger asked for the defir ton of must a !ears. Rolen stated that multiple years as outlinad in ordinance format was defined as granting the exception for no snore than 3-5 years. • Council Member Krueger stated that he want. a specific number of years. Rolen replied that that would be a decision of Council. The ordinance was a format. For each organi_ requesting an exception, the Council would use the format to set limitations such as specific weekends, the number of years, etc. ~ r Council Member Krueger asked what would be the criteria for setting the number of years for the exception. Rolen stated that the ordinance prepared for Council was a draft. council could decide to grant exceptions for a specific number of Cd Benda No Date ___w City of Denton City Council Minutes June 6, 1995 Page 27 years for each organization requesting the exception. The format provided the flexibility to place qualifications/criteria on each organization. Mayor Castleberry stated that the purpose of the ordinance was to allow annual events to not have to come to Council each year for an exception which made it easier on the organizations. Mike Bucke, Acting City Attorney, stated that the ordinance was drafted following the direction of Council, if an organization had only been to council for three previous years, the Council might be concerned about providing a five year exception. if an organization had been to Council for six years, the Council might want to give that organization a five year exception. The format gave the Council the flexibility to deal with different types of situations with various organizations. Mayor Pro Tem Biles stated the Council would be requiring an organization to request single exceptions for three years. After that, they would be eligible for this type of exception. He had a concern with flexibility in the wr^i area. A 9-5 year time period might be sending out a wrong me age if not all ganizations receivad the same amount of time i : the exception. felt therr nee'-d to be a fixed period of t: 3. May( Castleberry stated that ne Lumber of prior Le corr sred for the request. .e p.oposal helped organ:i,.ations wh.i vould not have to spend me for this type of request. I a Cour 1 Member Miller stated it the ordinance did not talk abr sett g the hours for the ents and felt that parts of ord. inco needed to be clay: ad. Sunday hours were differer nd included in the finance. A specific perio,' time would be beneficial. A Council Member Krueger nc a a section in the ordinance indicating a time frame. Council Member Miller stated that some exceptions had multiple days and nights with different hours. He felt that it is not the intent of the ordinance to give blank authority to go to midnight. A Council Member Biles stated that the indicated times in the r ordinance were merely suggestions and not set limits. Acting City Attorney Bucke stated that the entire ordinance was merely an example for council consideration. r~► 0 r ~gndaNo,, W4 - City of Denton City Council Minutes June 6, 1995 Page 28 k I The following resolution was considered: NO. R95-030 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE FORMAT TO BE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL EVENTS WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITATIONS IMPOSED BY SECTION 20-1 (c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT SECTION. Young motioned, Krueger seconded to approve the resolution. Mayor Pro Tom Biles asked if Young would consider amending his motion to include changing the times listed in the ordinance to blanks. Acting City Attorney Bucek stated that the Council was only voting on the resolution and not on the ordinance. Mayor Pro Tom Biles stated that he was try).ng to clarify the format of the ordinance. He asked Young to consider amending his motion to change the number of years for the exception to three years. Council Members You:,g and Krueger agreed to the changes. Council Member Miller suggested changing the wording to state "a format to be approved by the council.". The resolution could be approved subject to Council approving a format at a future meeting. Council Member Young did not agree with that amendment are suggested by Council Member Miller. • Miller motioned to amend the main motion to change Section Three of the format to state 11 a format to be approved by the Council" j taking out the wording of "attached hereto". j Council Member Biles felt that everything in paranthesis was not part of the format but were examples which would be changed by Council when considered for a specific example. Brock seconded the amendment to the main motion. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. • agenda F!o City of Denton City Council Minutes June 6, 1995 Page 29 on roll vote of the main motion, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15. Vision Update Council Member Brock stated that the recent Cabinet meeting scheduled presentations for the action teams to be made in July/August. This meant that concrete proposals were close to being completed. 16. Miscellaneous matters from the city Manager. Mayor Pro Tem Bites left the meeting. Council considered the work Session items not discussed earlier. 3. The Council received a report, held a discussion and gave staff direction regarding possible purchase of Denton's cable television system. Richard Foster, Public Information Officer, stated that the cable television ordinance indicated that the City had the right-of-first refusal to purchase the system at or above a certified offering price being made by a third party when the system was on the market for sale. The City had 9o days from date of notification to exercise that right. Sammons Communications had entered into an agreement to sell its North Texas Area Cable Systems to Miircus Cable of Dallas. A letter from Sammons Communications indicated that the value of the Denton cable system was approximately $27,931,160. Council had the right to match the price offered by Marcus for the system. Council Member Cott asked what the City could sell the system for. • Foster replied that he did not know. Council Member Cott felt that it might be good to see what other potential offers could be gotten for the system. Miller motioned, Krueger seconded to decline the offer of right- of-first refusal. on roll. vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". • Motion carried with a 4-2 vote. i 1 • I- W • I ~gendeKo,. Date City of Denton City Council Minutes June 6, 1995 Page 30 f~ I City Manager Harrell continued with Miscellaneous Matters: A. COG was hosting its 29th annual general assembly meeting on June 23rd. The meeti.ny !~~nsiated of two parts - the general luncheon plus a work session for newly elected Council Members. This was a good general session for newly election officials to attend to receive information. I B. The first meeting in July was July 4th and Council needed to consider postponing the meeting to possibly July 5th. The time frame was such in the budget that a meeting was needed. Consensus of cn,> Council was to change the July 4th meeting to July 5th. 17. There was no official action taken on Closed Meeting Items discussed during the Work Sassion. 18. New Business The following items of New Business were suggested by Council j Members for future agendas: I` A. Council Member Brock asked for an item on the July 13th work session to discuss whether or not to appoint a Blue Ribbon Committee for the bond election issue. B. Council Member Brock asked for an update on new legislation regarding controls on the local level such as property rights laws. C. Council Member Brock asked for information regarding the Council's Adopt-A- Spot. D. Council Member Krueger requested a work session item • regarding a change in the noise ordinance policy regarding construction work. Council Member Young stated that he was not in favor of a Blue Ribbon Committee as there were no projects indicated for District One. • Council Member Brock stated that the committee would be looking at • • projects and holding public hearings regarding the proposed projects. E. Council Member Young asked for a report on the curfew hours at Fred Moore Park and the ban on alcohol at Fred Moore Park. • w • f I 1 Apendalter►L ~ - ~ City of Denton City Council Minutes Data w - June 6, 1995 Page 31 F. Council Member Young asked for a report on removing the COPS program from southeast Denton and transferring it to Southridge. G. Council Member Miller asked for a study session on the proposed storm water district. 19. The Council returned to the Closed Meeting, to discuss: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in Frances Rodgers v. City of Denton. 2. Considered action in Disheroon v. Scott, et.al. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVtT CODE Sec. 551.074 1. Discussed the appointment process for part-time Municipal. Judge. With no further business, the meeting was adjourned. i BOB CASTLESERRY, MAYOR CITY OF DENTON, TEXAS I • JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00288 2 • O N ~ t t 1 ri 1 IIN;'~t Sd! ~I ~4~f1'. 1~i A O :Ft-it KFF-Fi[' ry~~-r .Xt µ ~ 4t_ f MK Y b !\Y+C ! M J'~~RF✓J'LL r F <t•y Ott: SS <St C:' Slit l\" fiRkst ttd' ' 12.22.)• tt'ti'2.\ f us. ~ iie a• ,tn• a v au• ' ~ rzr• axv I b ~o s • • No DA~ r CITY COUNCIL REPORT FORMAT TO: Mayor and Mem'iers of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance for the Detail Plan of the Villas of Piney Creak. The subject property consists of 15.413 acres, and Is in PD-6. The property is located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the Detail Plan (4-0). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable, FISCAL WPACT: None. Respectfully submitted: • l Lloyd Harrell City Manager t! • 0 A ( I I a. • • ~Na Prepared by, Walter B. Reeves, Jr. Urban Planner Attachment #1; Planning and Zoning Commission Report. Attachment M2; Ordinance (no ordinance). Attachment N3, Draft Planning and Zoning Commission Minutes from July 12, 1995. • 1 • as • PLANNING AND ZONING COMMISSION REPORT ` Case #Z•95-015 To: Denton City Council From: Planning and Zoning Commission Date: August 1, 1995 Subject: Detailed Plan of Villas of Piney Creek GENERAL INFORMATION Applicant: Tipton Engineering 6330 Belt Line, Suite C Garland, TX 75043 Owner: Denton Oaks Phase I Ltd. 8100 Lomo Alto, Suite 180 Dallas, TX 75225 Action: Requesting approval of a Detailed Plan for Villas of Piney Creek. Location: On the southwest side of Colorado Boulevard, northwest of San Jacinto Boulevard. Surrounding Land Use and Zoning: North: Single family residential use in PD-6. South: Commercial use In PO-6. East: Multi-Family use In PD-6. West: Commercial and residential use In PD-6. Denton Development Plan (DDP): Low Intensity, Study Area #26 (89% allocated). Special Informal g All streets will be private. Public utilities will be provided In dedicated easements. Fire lane striping is required, • Background The subject property Is located In PD-6. While portions of the PD have been completed, this portion has been completed only to the level of a Concept Plan, As a result the Detailed Plan has to be approved by the City Council. The area under review was conceptually approved for "cluster homes" at a density of 12 units per acre. The proposed Detail Plan has a density oi 6.75 units per acre. e ~ • There are three stages to the Planned Development process available to an applicant. The first stage Is approval of a general concept plan, The second stage Is approval of a development plan. Finally, the PD process Is completed by approval of a detailed plan, An applicant may petition for approval of any stage. • 0 • • 0anda No Ale Notice Notice was made to all property owners within 200 feet of the proposed Detail Plan, and all property owners within the Oaks of Township II subdivision. Thirty-four (34) property owners were notifled on July 1, 1995. Five (5) responses were received, two In favor, two opposed, and one with no opinion, Analysis Section 35.176 lays out the required information for a detailed plan. 1. Acreage. The acreage In the plan as shown by a survey certified by a registered surveyor. The acreage Is shown on the detailed plan. 2. Land uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. The permitted use Is "cluster homes" at a density of twelve units per acre (352 units). The proposed project Is detached, single family residential at a density 13.75 units per acre. i 3. Cif-site information. Adjacent or surrounding land uses, zoning, streets, drainage i facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. All the surrounding property is In PD-6. All other required Information is provided. 4. Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to time district; and the traffic generated by the proposed uses. Traffic generated by the roposed uses is Included In the notes on the Detailed Plan. All streets within the subdivision will be private. As part of the proposed • private streets, the applicant Is required to submit the restrictive covenants and the documents creating the homeowners association for review, so the City can determine if it is properly Indemnified, and that the private streets will be properly maintained. These documents have not yet been submitted. 5. Buildings. The location, maximum height and minimum setbacks for all buildings, • and N non residential, the maximum total floor area. • • The club house Is located on the plan, although setbacks and height are not shown. The club house will be 2,000 square feet (see Wall and Landscape Plan). • oa • 6. Residential development. The number, location and dimensi- of the ots, IW- minimum setbacks, the number of dwelling units, and number of units per acre (density). All items are shown. 7. Water and drainage. The location of all creeks, ponds, lakes, floodpiains or other retention or major drainage facilities and Improvements. Shown on the plan. 8. Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Shown on the plan, there are still some minor corrections that need to be made. 9. Trees and landscaping. Location of all protected trees and a landscape plan as required by the city's landscape ordinance. A landscape plan has been provided. There are still some minor corrections that need to be made. 10. Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private uses. The clubhouse Is designated as private, open space. 11. Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Details of the fencing are on Wall and Landscaping Plan. 12. Signs, Location, type, and size of all signs regulated by the city's sign ordinance, • Sign details are provided in the Wall and Landscape Plan. 13. Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or bicycle use. Sidewalks will be provided as shown on the Detailed Plan. • Other Denton Development Plan Policies supported by this request Include: r • • i Policy 7. Fncourage a spatial pattern of land use development which reduces the cost of public services and Infrastructure. • • `ly;,. n✓ll l M'J\"k l 1 'tr)abX'S y+yv+e 1,,PV.. ~O Aoenda~tertl..-....r.........r... ottte Policy 8. Promote Inflll development within the Loop 288 corridor to secure maximum utilization of existing services and Infrastructure. Policy 8. Protection of residential neighborhoods from the Intrusion of Incompatible land uses, traffic, noise and pollution. Policy 12. Promote land use diversity to encourage housing and community facilities In close proximity to employment centers. Policy 13. Promote the development of a land use pattern conducive to the successful Implementation of a mass transit system. Policy 14. Promote distribution of land uses resulting In less traffic congestion. i Recommendation The Planning and Zoning Commission recommends approval (4-0) of the submitted Detail Plan, Alternatives 1. Deny the submitted detall plan. 2. Approve as submitted 3. Approve with conditions. 4. Postpone consideration. Auschm*nt 1. Location Map. 2. Proposed Detailed Plan. 3, Proposed Wall and Landscape Plan. • • • • • 0 + u/F rr i+i r ,a" ,rtr 'rd' • W 0 AgendaltenZ~--~---,------~~ /~1.ra~.♦~MeNt NORTH SHADY OA SHADY OAKS DR. y V u S"f r [ A ri ~ 1IA1 Ell IRAI~C A' kwAk a Tb N W( a , r SITE CIO, CNA SEeJOp i C Laoatias Rap • 0 ' o O • 7 Dill ♦ r 1 :•v N 0 _ ......rte..--`-`wR.wa--.- / n 1 J w n o w r„ / ~ I Agendal4e +r'r/4/r~.glrr"I.. / '~A \ I Ifd5F: Ill 'M' A . f y mn r n rit 11 f_ ~ 1 T IAVp l1r opl i~ r. ] /1 J O x~ IrV'~p~P~c 1 ~ rrr. r rrrt nn,.- ` ~ J\ rV \ v r r ur ~ -Z.. Ikk r r~ l~li"•, ~gr rr • ~ ~ ~ "Y/u~L , ~ V tl %~e. ,~l Ir~ rr , T~ 'n, ✓.o .r/rI V' 11 ! ' 1 tV 1H J. I ,.v r 'if/Nr I f ~ " 'd t'1 W . , ruR mn nr mn•Inr l ~ . j / / r~ ' • t' I 1 I m +rn rrn. 1 1 1tl xf` . r' ~W rt v`r°' , R .,.-IF 1.•- I t .,y v"~ ~IPA~~~ I.. ti \'i. \ urM ha A r . ~x4a 1. ~ „ ■ KYY S ` its L J r Y _ r e" 7 Yr I r.l ' 1 i~ 1 X l 'R 1 R-. 1- w '`lnnr: ` ~,tV ~ r !'llA.vF i! enr nngc r for rxm • Irr `l~Ir)JF+,f~munl . ~ ~ I l VI f S•v`r'r Y "fT' 11 m ' r v I nr i I.r I I\1,. ~I ~ VJ ~ II t• r ~ r I n I ~ J~ I 1 1, \1~1A5k 1 I ~A, t~.r s xrnn N.I. r4rr w, •.I :L m lYYIT UI O mnn~l wlml rMr ro NI t0 I/!R 0 17 TMl.E1 1 PLAN nn 1 rnPVr" 4t I _ Vlfd.AR OF 1 P „/YAA _ _ 16. 1W P1NF ACY' CRfFK _t RES .I r I rlnrr nrrx !'aryl Ir nonr fiFli' e I rNUR p y OF t ri mm 1. I ws..1 • t C7iV' Of 1111 YTOi~r, ~rrn»rr ' IF \ A I~ r•w ` r•r r. I RN IN 14 IV 1 1 r I P hl r rl 1 r-. n~ na+o!_ r rors xlno Inc „r II r rr 1)Y,N iON CO f!N71 Ti l ~a ~ J mu r.n r.n rmn Ir Inn I rovl¢xul _ _ r r a I 1 Q, ~ 1 • i ra • r Azr~N►~Nr 2 III( Jill ? ` +,[e ~~S ~lrjff }~IIII~II ifil~l{ 4 Y ' ~ ~ c rf r , ,,J rl rlr ~ ' Y rat f~ a'.I~ ~ f~l~ i~t ~~II a~ ! 1~rT;r !:ill~lj~i I{ Ipp r _ f 1 TI{'1 ICI { {li 4 111, yjl . e p r • f ~t1U~~i ~ ~ ~ ~ tl~~~r t~ ~i I 'jn l I `44Tf:'.r yytT 't lip t al ~lr fl ~ i+ Q`'I Af' r Ir y / ' `t II >>a~ A~Nra A ~ ~R i$ a L awl 1 f \\rF f rr 41 ~ ; , ,a ~ o !'',ifs \~f ,'S" e ~ f • Y II Ti LG ' f ?LAO ~ A' p iz 11 j1Y ?~S1 C1'r Ca n~1 0/f: i~ ; i T011 1 ry a j 44 R' •~i ::<<` ft ih~ Ind \ t 1 ' 1 e w e • r; Y__- k. ran .~A! _ ~ -r ✓ ✓ y ~ ..hr .M 4r.M r ~ \ Y l n 9 0 ,b u ~ ~ I` C MI 01111 . . . ► i r 1 r m" "u n,,.on ~ - ~ S _ 1 r 11 i i N 111 nub or ►atY MALL h l,ANpSCAP¢ PLAN ® r,i3itr O . z r n w.x 9LNl~ rr was r' ...r..L AWl..f11M rill rv ~NIIMrI'NIM1. irv r!r ffl "M 0,V /Irn a a r ~lTr~~Nt 3 ~ E E" I I I,~ i f I (i{ in I (it 1 1111 #i1fljfi llf I ~r I 10• F-~ `r~. "w~ ' 1 ` f 1 _ l~ r ~ #r 11 1 4 _ Tm'p f' 4 ri 1 1 1 1 i _ \ ° b \ 1 • ra • AVONO,,- Agllldal P&Z Minutes D 5',(L 1Jf Page ig , 1995 A ~5 U2b 11 III, Villas of Piney Creek. The subject property is located on the southwest side of Colorado Boulevard, northwest of San Jacinto Boulevard, and consists of 15.413 acres. a. [fold a public hearing and consider the Detailed Plan of Villas of Piney Creek, Ms. Russell opened the public hearing, Mr. Reeves: This is another detail plan approval. This property is located on Colorado Street, actually northwest of San Jacinto Blvd. To kind of give you an idea of where this is at, it's down here at this end where Colorado Blvd, is at where the howling alley is, any over here where Piney Creek is that is where Provid gat Bank is at and then a portion of it extends back behind where Mervyn's is at. The property was originally, is still part of PD 6 that was completed up to the level of a concept plan. So under those circumstances the detail plan not only has to be approved by the Planning and Zoning Commission but it will then be forwarded to the City Council for approval. So this one has a two stage approval process here and then to the City Council. PD 6 established this area for cluster homes at a density of 12 units an acre and the proposal here tonight is for a hundred and four lot residential subdivision. The density will be 6.75 units an acres. This proposal is not entirely new to the City of Denton, its still somewhat new. The lots sizes proposed, the minimum lot size is thirty-five hundred square feet. So that's roughly half the size of our smallest current single family zoning district which is SP-7 which is 7,400 square feet. Additionally the proposal involves a zero lot line on one size of almost all of the lots in the subdivision. What that means is that many structures that could be built on those lots having a zero lot line could basically he built right up to the lot line. And under circumstances like that in the one or two situations that have been here before a maintenance easement is required on the adjoining lot where the zero lot line is located at so that the owners of those houses can actually have work done on the outside of their buildings. Additionally, all the streets inside this proposal are private streets. Under those circumstances • in the past we've required that the restrictive covenants and homeowners agreements be submitted for review. Those have been submitted but the review has not been completed, They're proposing at the far west end there be a clubhouse, sonic tennis courts. This will all j be common area available to the owners in the subdivision, Around the property, not completely around but around most of the property will be a standard six foot fence with the piers approximately 30 feel on center. The fence will extend around the exterior of the property to this corner right here. There will not be any fencing along the this property line adjacent to the existing subdivision. The water and sewer services will be public and will be in dedicated • • easements. The only issue left to be resolved as far as staff is concerned on the detailed plan, the easement that holds the water and sewer services is basically encompassed, takes in ail the street and 10 feet on each side along the cul-de-sacs in the streets. In the area wh:re the s , • • Apndalfem, P&Z Minutes' July 12, 1995 Page 9 clubhouse is at there needs to be some minor clarification done as to exactly where that easement is at. You can handle that through a condition and given the fact that the earliest available city council meeting would be the fir. ane in August, it gives them ample opportunity to make that correction in time for the city wuncil. That is something that can be pretty easily taken care of. With that I would just like to point out that the project will he developed in phases. There is a phase line on the detailed plan and there is also one on the preliminary plat when we get to that. The first phase is that area to very west, the phase line is about half way in, then the next phase covers that area up to the corner, and the third phase is that area north of that. Having said all that the staff recommends approval. We did receive some replies to the notices that we sent out. I'll pass those for your review. Ms. Russell: I appreciate the analysis that you did on this as it relates to the Denton Development Plan. That is very helpful, Any questions? Dr. Huey: Where are the entrances to this development? Mr. Reeves: There is only one entrance and that is off Piney Creek Blvd. There is no connection for any oT' the interior streets to any other street in the neighboring subdivisions and there is no connection to Colorado Blvd. All the traffir will come in and out along Piney Creek. Dr. Huey: That's even when phase 3 is completed, Mr. Reeves Yes. I Dr, Huey: Does the staff not foresee any problem with that, the stacking up of traffic here on Piney Creek? There is no extraordinary provision for entrance here. Mr. Salmon: Piney Creek Blvd. is only a short section of street. It runs between the Provident Bank and the shopping center where Mervyns is located. There currently is not very much traffic on that street, in fact, there are only two driveways on that street, So people stacking • on Piney Creek Blvd. I don't believe will cause any problem for The City. It may be inconvenient at peak hours for someone trying to leave the subdivision, but other than that I don't see any other concerns. Dr. Huey: You think that will apply even after all seventy-five units are built. Mr. Salmon: Yes, roughly with single family units with seventy-five units you are talking about seven hundred in traffic trips per day and roughly about 75 trips of that would be in a peak • r hour, During a peak hour you could have 75 individual traffic trips coming and going. 1 don't think that's going to be a major concern. An inconvenience possibly during an hour or so during the day. • C • P&! Minutes I July 12, 1995 Page 10 Mr. Norton: The street basically is one block long, correct? Mr. Salmon: That's correct. Mr. Norton: And on the right hand side if you were looking into this would be the bank and on the left would he the shopping center. Mr. Salmon: Correct, Mr. Norton: I don't believe since there are only two driveways coming into it from the commercial side that if there is any problem it will be the residents not other than the residents. Mr. Salmon: Right. Both the bank and the shopping center have other driveways. Also, both of those driveways are located a good distance back away from the corner. Ms. Russell: Thank you. If the petitioner would like to speak, please move to the microphone, give your name and address, Mr. Pat Atkins: Madam chair and members of the commission. My name is Pat Atkins. I'm with Tiptoe Engineering, We office al 6330 Beltline in Garland, Texas, We are the representatives for (lie petitioner op. this application. The current owners of the property, which is the Piney Creek Joint V-nture which consist of TW Properties, Ms. Patsy Townsend and Ms, Kathy West. Also Mr. Ed Bright is here tonight the construction administrator on the project as we proceed forward with it. As Walter has pointed out so well as for as his staff review and the great detail, this is a fifteen acre tract, as the commission is well aware of, is basically the fill-in piece on the PD-6 surrounded by various uses from the standpoint of the single family to the north, multi-family to our eastern section and height intensity of commercial to the south. So it blends itself for a good area of transitional use. That was what was indicated back under the original evolvement of the PD-6. But basically, cluster, 12 unit to the acre, more so the • higher dense use and in that time probably more of a rental use approach with the density that was allocated on the property. What TW Properties is proposing to do and one and the same being providing for a single family for sale product with basically almost a fifty-percent reduction in the allowed density and to provide a more of a traditional single family. You can see in the plan what we are proposing is providing, our concerns were some buffering issues adjacent to the commercial and also adjacent to Colorado Blvd, and the multi-family to our east. Try to be sensitive to how we placed the residents within this particular area. So our proposal A is indicated a parallel in road condition adjacent to that commercial and also Colorado Blvd. • 0 which is our major circulation. In the predominance of the residence would be oriented in a cluster manner for the cul-de-sacs which are sized and designed in a manner to encourage more pedestrian activity than vehicular activity. Our roadways on the perimeter is for circulation and I • Q • AgAndalt to P&Z Minutes July 12, 1995 r Page 11 to feed back into the Piney Creek Blvd. entry. As also Walter pointed out, there is very little traffic in that particular area now. This would provide our major entry, We had concerns with providing another access point into Colorado due to the heavy traffic count in that area and also the site visibility issues that arc associated with it along with some topography problems that we would have to contend with. So we feel very comfortable with the one entry approach and it provides a good security from our residence standpoint. As we went through the plan, again providing a screen element along Colorado Blvd. which would be a continuance screen that would be maintained by the Association. Providing a wood fence, stone columns, landscaping on the internal portion to provide a wet+ing screen field as we go along the entire perimeter of the property getting to the open space. The open space will be part of the Phase I construction, That was included in the detailed landscape plan. The provision for that is for the tennis court and the club house facility. The property yields 104 lots, with a density of 6.75 units to the acre. Through the design we were very comfortable working with staff and appreciate their time and patience on working out the details on this plan with the irregularity we had with the property we feel like we've come up with a plan that is really going to work well for our residence as we develop the property. Just for y,)ur information, the developer is one and the t same as the builder, so TW Properties will be building the product along with the development M of the property. So that really gives it good continuity to have a development occurs as we go along. As we went through our demographics and what we feel the marketing aspects of the plan is, basically the target market is for retirees, empty nesters and also probably some young professionals in this type of product range. We are looking at a sixteen hundred to twenty-two hundred square foot range in housing size with price ranges in the range of $115,000 to 140,000. So, we feel very comfortable that that's a market that hasn't been hit very well in the Denton area and TW Properties feels very comfortable with what we are trying to target to as far as the end user of the area. We are proposing to develop it in phases as we go along. Phase 1 as you see on the plan provides for development of 36 lots along with the amenity center and would provide for the future phasing of 2 and 3 as you see in the overall plan. We have worked again closely with staff and feel like we have addressed all of their issues, They have a copy of the deed restrictions and the HOA documents that are attached to this. They are in the process of reviewing those and we have received comments back from them. In ten of the HOA • as pointed out is to provide for maintenance of the entire community of the street facilities. The streets will be constructed from the standards of Denton as far as the construction and will be consistent with what you typically see in the area so there is no deviation or waiver from that. We will provide maintenance for that, association dues to take care of any future construction repairs or anything of that nawre. Also, included in the HOA will be a commitment of the landscaping, the open space, the facilities associated with the open space, all the areas of the i front yard maintenance, all the yards will be mowed as one group instead of individually having 0 to be maintained so it's a real carefree lifestyle for the individual homeowners to where a lot of • • the worries of maintenance is eliminated through the HOA responsibilities, So, this type of approach has been done in other areas and has been very successful. This product and type of design is common throughout the Metroplex now and also in other parts of the community and • • P&Z Minutes f 51 ~r'll 131 July 12, 1995 5 6 Page 12 has been very successful on how this type of product has sold. It targets a certain market. We feel very comfortable with the comments that we have received and all the recommendations of staff. The owners are here to answer any questions that you have in regards to the plan or the product or the intent of design and construction. He glad to answer any questions commission has of me and would respectfully request approval of this detail plan. Thank you. Dr. Huey; 'fell us about San Gabriel Drive? Mr. Atkins: The right-of-way has been dedicated in that area. That's basically a drainage zone to the west. The roadway was never constructed to that property. It stops at the intersection of Angelina. It physically stops there. There was a culvert constructed in the drainage area but there was not roadway extended. We are not intending to construct or connect to. Dr. Huey: This is not a gated property? Mr. Atkins: No ma'am. We have a median entry that provides for monumentation and signage but it is not a gated community. We are not proposing a gated community. Dr. Huey: On behalf of the staff we have heard a comment about the need to build one of the houses at the lot line and one away from it three or four feet or so that it can be maintenance in there. Have you a problem with that? Is that a part of your plan? Mr. Atkins: No ma'am. We went through a lot of conversations with staff In regards to how the setbacks would work, the zero lot line works well with the cluster concept and then the maintenance of that adjacent to a five foot maintenance easement is pretty common with this type of product. Now the areas around the cul-de-sac will be traditionally center load and will have separations different than the zero lot line. We really have a combination of the two but predominately zero lot line. Ms. Flemming: What is the main street running, I know most of your streets within the Villa • Complex will be parallel, parallel to what, what are the intersecting? Mr. Atkins: Parallel to the commercial on the south, we will have a fence on the other side of all the landscape area. Ms, Flemming: Ok. • Dr. Huey: There is in the correspondence that was shown to us a request for a sidewalk going r • down to the..... Mr. Atkins: There is an existing walk along Colorado now. What we are proposing is just a c~ a r~+Mdant, _ _ llluq r Agenda 1 Th7 P&'7. Minutes July 12, 1995 Page 13 accessibility to provide a private gate for pedestrian access to that point located within this area and that would be a private area for these homeowners to be able to access Colorado there. Internally the only area we are proposing for sidewalks along the sideyard and this front yard area where everybody can access back to the open space as we build the houses, Dr. Huey; I think this was brought up by a neighbor on an adjoining property. Ms. Russell: Yes, I believe it is one of the people that back up to it asked that if you would please give them access to come through instead of having to go out to Colorado blvd. to go across to.... E~ E Mr. Atkins; We are not trying to encourage other neighbors through the area, The design of these fences, as we build houses we will have fences along this area. We won't do it as far as development process but fencing will occur as houses are constructed along this area. We wouldn't it end to have an access pedestrian wise. One main reason is that all the proposals you see back up to this and the lots do not allow any pedestrian accessibility. That's wasn't the intent. Ms. Russell: Will the fences at the back occur as just individuals just putting their fence up? Because I don't know what the topography is right there. I couldn't see but it's hilly and it's very treed and it might be a real shame unless I personally wanted my fence back there that you as the developer would want to put a fence there. I mean it might be a lovely wooded, hilly view back there that I could look at, Is that something that the joint venture is goisig to do or is that an individual preference. Mr. Atkins; It is part of, as we build the house the developer can say whether fencing was appropriate or riot appropriate. In some areas it is and some areas it may not be. It is not an option from the standpoint of the homeowner, its an option from the standpoint of the builder as they build the product, Most of them will be fenced in that area. We will work around the trees of course along the perimeter, but with the changes and the relationship with housing we felt like it was important to kind of secure the community as we built the houses along that back area, Ms. Russell: Would anyone like to speak in favor of the petition? Please give your name and address. Mr. Ed Bright: My name is Edwin Bright, I am a developer here in Donlon and you have seen • me here before with Deerwood, Bent Oak's subdivision. I was asked to consider a job of 0 • working with the Villas of Piney Creek as project manager. But before 1 accepted that I went to Dallas and I saw what Mr. Pal Atkins had designed at Tipton Engineering at Grand Addison. I wasn't really sure I knew all about cluster homes. I saw what he did there, I was very I • I v~ e r +pett S % Agenda lteln P&Z Minutes j, 1 J ! Jul), 12, 1995 l~ f. Page 14 pleased. I read the articles and the awards that they won. I have a comfort level with TW Properties, I worked with them as my prime builders in Deerwood and i worked with Mr. Jim Mabry the owner, So I have a high comfort level and they asked me to take this job as project manager, I have done so. I think that in taking this I will assure we will build this to Denton code and standards and will be a project and community you will be proud of. We solicit your approval of same. Thank you very much. Ms. Russell: Anyone else to speak in favor of the petition? Mr. Steve Pratt: My name is Steve Pratt, I live 1201 San Gabriel, 1 don't see a problem with this because my sister lives in one up north. I just have a couple of questions, I don't know if I'm opposed or against, One was the traffic at Dallas Drive in front of Wolfe Nursery. With all those units there, that's how I get to the shopping center, cutting behind Mervyn's, Is that going to add a lot of additional traffic for the city at that intersection, which is, at this point quite heavily accessed by most of Denton's residents. I guess the other question is, there was no concern offering any access from the other neighborhoods, which is fine because most of the kids climb the fences or whatever. Mine do from San Gabriel and other than San Gabriel there ~ is no access and the kids want to play with each other and if there is no access they're going to find a way to get there, if there is not a walk through or something that they can walk through, which may he something that they would want to consider to the other neighborhoods rather than 4 that, I don't see a problem and I'm a resident there. Thank you. Ms. Russell: Thank you. Anyone else to speak in favor of the petition'? Is there anyone that would like to speak in opposition to the petition? Please give your name and address. Mr. Alex Petit: My name is Alex Petit. I five at 1504 Valley Creek. I am the Treasurer's Secretary for the Hopkins Hills/Township 11 Homeowners Association and I have two positive points and three negative points. We'll hit the positives first. 'The first thing is that I am very { pleased to find out that it is TW Properties who is building it. They have built many of the f hoi,s, s in the Township lI area and although I did not buy one of their products, their products • that tliey are building there are very nice. The second point is that, from a straw vote that we've had in the homeowners association (meaning we've been opposed to driving San Gabriel through to Colorado Boulevard on the grounds that it would cause too much thoroughfare traffic and change the neighborhood, particularly the Hopkins Bills neighborhood). So, I'm glad to see that they have not done that. But, my three negative points are that 1) this was not brought to the attention of the homeowners association and the homeowners association covers everything all around this area and we meet pretty regularly. I know that the TW builder that lives at one ® of the houses there is aware of us because I've personally passed out notices to them of our • • meetings and things like that. The second point is that the notice of public hearing was not distributed to the people on San Gabriel, at least the people I talked to so my wife and I ran photocopies of them off and distributed them to them ourselves. So I'm sure that a lot of the e O , • w • ~QYi1QYN6 AWdalfer~ . ~ P&Z Minutes July 12, 1995 Page 15 comments that you got were our copies. The third point is that, from the notice of public hearing, it was difficult to give any kind of a vote on a shaded box. I would have felt better if, I know that it's difficult to put a plat or something like that on a map and sometimes it can he misleading but I know that the opposition votes that were from Valley Creek were because, from looking at the shaded area they had no idea what it was that was being proposed, So, I don't know if' there is anything else I can answer if you have questions for me but that about wraps it up. Thank you. Ms. Russell: Thank you. Is [here anyone else to speak in opposition? (Someone started speaking from the audience and was inaudible.) Mr. Julie Crissmon: My name is Julie Crissmon and I'm at 1524 San Gabriel which is the very last house before the creek. I'd like to know how close to the creek, on the other side, this is going to come? (She moved away from the microphone and went to the map. She was inaudible.) Ms. Russell: We'll ask the petitioner to address that in his final remarks for you. Is there anyone else that would like to speak in opposition to the petition? Would the petitioner please address her question and any others that you choose to make. Mr. Atkins: We are approximately four hundred feel from the creek, As far as the notification, I believe the notification is two hundred feet from the property line. We feel that we have had ample opportunity to speak to peoph: in the area. We feel like we've, being located there and building in that area, they have had ample opportunity to discuss it with several people in the neighborhood and I think that you can see by the turnout that everybody if it was a lot of negatives you would see a lot more people here. But, I think properly everybody was notified, as far as any formal meetings, I don't know of any that we've had but a lot of people have been talked to and this project has been discussed. I think teat addresses the issues. Again, just from a viewpoint, this plan is a representative of almost a fifty percent reduction and has the opportunity to allow for residential development and of course sell products and a very quality • product and a proven track record from a builder within the Denton area. So, we're very excited about it and look forward to proceeding forward and will be glad to answer any questions that you may have. Ms. Flemming: I have a question. You said this is not a gated community, What about city services? What about garbage? • Mr. Atkins: The same services will be provided, city garbage pickup, fire protection, police • • protection, and so on. The only thing different is that we're maintaining the streeis. The utilities will k- in easements, as staff has pointed out, that will be maintained by the City of Denton. Again, coustraction and design is per their standards so there is no deviations to those. I 7 • • A Gb • 9N1dA NP.-.-_,_,----- .,.O.,.....,,_ ;geadaltet-__,-- P&! Minutes? July 12, 1995 Page 16 The only difference would be the maintenance of the streets, which is our responsibility. Dr. Huey: Would the same sort of situation apply with regard to other city services? Police, Fire protection? Mr, Atkins: Yes ma'am. We will receive the same services as any normal development. This private street requirements in the City of Denton ordinances. We're obligated to maintain that concrete and the area within that right-of-way. That really is the only big difference as far as maintenance and responsibility of the city. Everything else, staff has reviewed and all the departments have discussed on how fire protection will be handled and police protection and waste pickup and so on. They all are comfortable with what we are proposing, Dr. Huey: Thank you. Ms. Flemming: One more question, I'm sorry, The mail service. Will each individual unit have its own mail box or will it be in a cluster box? Mr. Atkins: Each house will be addressed individually and we're working with the post office at this time to discuss whether we're going to cluster at the cul-de-sacs are provide individual pickup. That hasn't been totally resolved but we're working with the post office on that now. We have individual street names, individual addresses just like a normal neighborhood. Ms. Russell: I think the post office is trying to cluster as many neighborhoods as possible now so that's the trend their moving toward. Mr. Atkins: Yes ma'am, they are. It's getting pretty common irregardless of where your at. They are trying to approach it from a convenience and cost standpoint, Ms. Russell: To them. Mr. Atkins: Yes, to them. Not at our preference but that's their desires. • Ms. Russell: Thank you, We'll close the public hearing. Does staff have any further remarks? Mr, Reeves: I just want to clarify one issue. San Gabriel Drive, in actual fact, some years ago the city quitclaimed the right-of-way. There was actually pavement there and that pavement was removed so there really isn't a San Gabriel Drive here anymore and that is probably one • additional correction that could be made to the detailed plan and probably also to the plat. The • - plat shows iliac same thing that there is a San Gabriel Drive there and there, in fact, is not. Ms. Russell: Mr. Reeves where does that stop? San Gabriel Drive. Does it stop back there • • IaHe P&Z Minutes July 12, 1995 Page 17 at Angelina? There was a discussion amongst several people in the audience and it was inaudible, Ms. Russell: I thought I remembered that. We've had some people before us at one time because people were going around a barricade. Mr. Reeves; I don't have any doubt that they probably drive through there anyway but their not driving on anything that the city it is not a toad, II Ms. Russell: They won't after this. Thank you. Any further discussion or a motion regarding the detailed plan? Ms. Flemming: Madam Chairman if there is no further discussion I move for approval of the detailed plan for the Villas of Piney Creek, Mr. Norton: I'll second that, Ms. Russell: Any discussion? All in favor please raise your right hand. All opposed same sign. It's unanimous (4-0). • • tl tk N V 1 r~ 1~1 ri p i a n~~1 , • ra • p,neycrk.ord Cite DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT SIX (PD-6), WITH RESPECT TO 15.413 ACRES OF LAND LOCATED THEREIN, NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRIC- TIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tipton Engineering has applied for approval of a detailed plan for 15.413 acres of land located within Planned Development District Six (PD-6), near the northwest corner of Colorado Boulevard and San Jacinto Boulevard; and WHEREAS, on July 12, 1995, the Planning and Zoning Commission recommended approval of the requested zoning amendment; 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: SECTION 1. That Ordinance No, 69-35 (PD-6), providing appro- val of a planned development zoning district classification and use designation is hereby amended with respect to 15.413 acres of land located therein, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, by adopting the detail pla;., attached hereto and incorporated herein as Exhibit B for all purposes, in accordance with Division 2 of Article IV of Chapter 35 of the Code of ordinances. SEgTION LI. That the City Attorney and City Manager, or their designates, are hereby authorized to review and approve as to form • and compliance restrictive covenants and indemnification language contained within deeds and property association bylaws, as provided in Exhibit C. SECTION III. That the provisions of this ordinance as they apply to the 15.413 acres described by Exhibit A govern and control over any conflicting provision of Ordinance No. 69-35 or its • amendments, but all the provisions of Ordinance No. 69-35 or its amendments as they apply to that remaining portion of the PD-6 • zoning district classification and use designation not herein amended, shall continue in force and effect and shall apply to the remainder of said district. • rt► • ~BTIOHIVU ~geMlalt hta SECTION IV. That a copy of this ordinance shall be attached to ordinance No. 69-35, showing the amendment herein approved. ESECCTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten 1101 days of the date of its passage. PASSED AND APPROVED this day of. 1995. DRAFT BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY DRAFT 8Y: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DRAFT • • to • FIELD NOTES 4141.fid BEING Lot 56 in Block A of The Oaks of Township 11, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet E, Page 13, Plat Records, Denton County, Texas, together with Certificate of Correction recorded in Volume 1619, Page 587, and in Volume 1652, Page 130, Real Property Records, Denton County, Texas; BEGINNING at the Northeast corner of the said Lot 56 in Block A of The Oaks of Township 11, also a point on the South ROW line of Colorado Blvd., (a 70' ROW); THENCE, S 62' 40' 39" E, along said Colorado Blvd., a distance of 111.90 feet to a 1/2" iron rod found; THENCE, along a tangent curve to the right having a central angle of 22' 28' 59", a radius of 1222.79 feet, a chord bearing of S 51' 27' 00" E, and an arc distance of 479.83 feet to a 112" iron rod found, THENCE, S 40' 1 V 40" E, a distance of 160.00 feet to a 1/2" iron rod set; THENCE, S 28' 53' 02" E, a distance of 152497 feet to a 1/2" iron rod set; THENCE, S 49' 48' 21" W, leaving said Colorado Blvd., a distance of 365.86 feet to a 1/2" iron rod found; THENCE, along a tangent curve to the right, having a central angle of 12' 49' 01", a radius of 660.00 feet, a chord bearing of S 56' 12' 51" W, and an arc distance of 147.64 feet to a 112" iron rod found; THENCE, S 62' 37' 20" W, a distance of 764.87 feet to a 1/2" iron fod found; THENCE, along a tangent curve to the right, having a central angle of 25' 48' 35", a radius of 986.95 feet, a chord bearing of S 75' 31' 38" W, and an are distance of 444.59 feet to a 112" iron rod set; • THENCE, N 01 ' 34' 05" W, a distance of 130.00 feet to a 1/2" iron rod found; THENCE, N 01 18' 07" W, a distance of 60.00 feet to a 112" iron rod found; THENCE, N 02 23' 04" W, a distance of 149.70 feet to a point for corner; , • • • ll THENCE, East a distance of 152,66 feet to a 1/2" iron rod found; l THENCE, N 76' 02' 04" E, a distance of 152.77 feet to a 112" iron rod found; EXHIIIitiT V nil s_. 3 A A • r THENCE, N 62' 37' 21" E, a distance of 764.32 feet to a point for corner; THENCE, N 27' 19' 21' E, a distance of 181.46 feet to a 1/2" iron rod found; THENCE, N 44' 08' 44" W, a distance of 146.11 feet to a point for corner; THENCE, N 62' 40' 39' W, a distance of 260.00 feet to a 112" iron rod found; THENCE, N 27' 19' 21' E, a distance of 305.00 feet to the PLACE OF BEGINNING and containing 671,390 square feet or 15.413 acres of land. • 1 B • . w • A'r TAC H M EN T Np •r.r.....re.rr•••} We a y ~ ~^101 9 7, o•eiz. t ! f~` a i 7 ~ I FI • a~ sp~ I ~ ~ . ,fir'. ~ ~ ~ ' ~ ~ •'~i~,,- ' ~ I L I /I 1 ~1 9a ~ 1. ~ + L 'I y CREEK ~ e KVD 141, --L IWTP Jim n ! r ® - i •!i ' Illlllllll hjl r, i~ p• ` e I 1 s i f=li~fl~t Iii `j :a 't z ✓ \ ¢ i III!!? III I~' i1ll J. . i Y ~ I~~Illlfl ~Illlllhl~~l!{ vqy- [ e. , I. EXHINT ` 8 Pact i • c> • • t ~I t At, & L~- '-rl~ rr i o r 1 n n 'r !'NAJ'E' 711 l AAAAW u. 11.3 /I~ 1 I Ix_ _ 1x0 A18r~ j un ww J" j / e'f YOZ AAA, ~._.L.~F r.•...... ~.w... :.4~ ..r.. l.. ~ ~~r~ _~wT ~f'j4 N 1 r ~f \ ~''21T:^f~' [am I WAVA • 1 IL 1 1~'~ w . W.. .M r. r Il'1` rJ [ !.u IN -'A ell rl • q y 1 ~~V/1 ' i. \ ,A 1 . Y I I4w.ni YIw 1 q1/^/ r 'nom r x i ` ilVll ♦ VII \``YI Y \ .g` Is rn J 1lrl n ~ w r. i~ 5r w.] v Y / E ol 11 ~ n 1 ! •~l . ,J,O t fN 1 y. ~ ~ nlr em Y nw■.Ir I " • r , ~ , ~h ' x AN t tf` \11\ r j ~ 1 Nu~ rx:rn t f 9 r ,f l 11 ~7 n IWilwa.'R A _ w _1r A. / , fLt l.p C~ L.XA Was SO I ! I 1 t 5~ •x~~f 1 . -S ^ I t 4 1' Bw • 1 r_ ~ r ~ ~ Y ~ r' a V . ~✓t Y I ~ ~7 r IJ 'Cw - r it r l . a. - a. b!r \ PHASE 11 E 45 IADM Ilxu a r r M YVIr "iv. 1 _ 1 ~ 1 ✓ J ~ ~ r/ j .::'iuwCin3.~ I•jr to . 'Sr ,A.f W. , IASE 1 su.. 1f w Avrf 'vnn 1 rf 3STA[RLY MAIN.38 : ~r \ Y'r.r n.nr 1 + rwrn M.l. M UETAIILO PLAN v.rl w .~.i b wwW11 - M 1■f1Yyw/ •IllJ w__VL_Lf It..I w1Ir_. I. ~'!.L_~~'I~'uy~ t..~~~]][[//'' GI C1 V r f ~Y Mi ~~~r. w' pN l1 (~y /~p f' .I~:rxw.1 G {trV^~.r.l .r4N Or (i1wrr Y[~t 1 iwrrw r . 1 r r~ . s 1... 1 Y~ ::i 16. 03 ACRES / . IIi~IINflliin: lye NPIW /wwN 1 wIY 1 W , Y w1+N Y t.I.y. f r.. Ir Iw 1~/ ao-.~.-. •.....I rn ~o •rir w i'L. i"'w = r City 0!' OENTON 11110 10N COUNTY. 1L14~i~ _ curllluL. - ■w r.w rn Lr,w w Yn - Nw er r.^rWr. ♦ _ ad • ATTA C ItME NTO ' s 1 + f 1 _ ~ ~ Y ( 1 r P_y.1~ 1 1 _ -1 i 1 i1 it _ - ~1 1 • I I I Q !k~ ' jig Yl 1 f-Rw.-- I tie 1 1 ;Ir , r ; i J f ' r • it 1 r FJtF1 W , • _ w s • i1 wiw.uw a.. ` ~ rte/ ♦ 1 3 4w•~~ ♦ ~w p ~1 I ~ ~ II } 1 ' 1 1 1 ' 1 I ♦♦1 1 1 '__~1 ~ 1 ' ti.`~ 1 ♦ 1 1 1 11 1 II ~ 1 I 1 w~ I 1 1 it • ! Oil 1 ~ `11 ~ 1 W~I•L 1 YMly~ryyt 1 L5 ~ 11 'I 1 - t- 1 L ' r ......r.,. i d 11 1 ~ I Ljl7,ti fVSLn ~ 1 y i ~ 'i ~ ~ ~Iw ar 1 Il ' 1 p r Lw I Lrlr fJ 1 IN _ 1/rw i Y~~ Yr.rW~ ! ~ 4.~1 I ~ M w WAAf Of LIMY ClMdt p~ I I AMM I 1, k4 I e~• , n~.x.u~w 4e. ANN biltA jKMI ' wMp.w ••..1.w w. IMI •u rr ee~ e~I r ~ • . ~ .r.~.wwr ~ ~ • ' dal rpJJ~~ ! i' • as • veWaNo DRAFT Agstidalreq........_.. EXHIBIT C As a condition of this planned development zoning classification and subdivision acceptance, Developer shall integrate the following indemnification language into each deed agreement as a regative reciprocal restrictive covenant running with the land, binding upon all heirs and assigns, and filed in the Deed Records of Denton County, Texas, such as to give notice to all subsequent prospective purchasers. Developer shall also integrate this language into the bylaws of the property owners association. The City Attorney, or his or her designate, shall have the opportunity co review and approve all such covenants and by-laws, and no amendments to the following indemnification language shall be permitted except upon review, approval and concurrence of the City Attorney and City Manager, or their designates. Indemnification; The Villas of Piney Creek Homeowners Association, Inc., (Associa- tion) agrees to release, indemnify, defend and hold harmless the City of Denton and any governmental entity or public utility company that owns public improvements within this subdivision (Indemnitees) from and against any and all claims for damages to private street, restricted access gates and entrance, landscaping and related appurtenances (private Improvements) occasioned by the Indemnitees' use, repair or maintenance of its easements. The Association further agrees to release, indemnify, defend and hold harmless the Indemnitees from and againnt any and all claims for damages to property and injury to persons (including death) that arise out of the use of the Private Improvements by the Indemnitees. This indemnification shall apply regardless of whether a contributing factor to such damages or injuries was the negligent acts or omissions of the Indemnitees or their respective officers, employees and agents, The Association and each lot owner agree to release the Indemnitees from claims for damages to property and injury to persons (inclua ing death) that arise out of any defective condition of the ?rivate Improvements, or their use by any other person. The property owners association and each lot owner shall indemnify i the City of Denton from any claims for damages to property and injury to persons (including death) that arise out of a delay of emergency vehicles caused by the restricted access, DRAFT EXHIBIT C/PAGE 1 • c.~ • CITY- - COUNC 4 1 r ~.w I • G~ • DW n4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE; SIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS; EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for Lhe 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 Citv Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Sid Proposals" attached hereto, are hereby accepted ind approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1776 ALL UTILITY PRECAST, INC. $ 43,380.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submittinq the bide for such items and agrees to pur- chase 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. a • • En s Nu A99KIA . we - - 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 bide, 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, cojiditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approrad and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i • • ~ ~ ~ by ,1tY,n'•t!'1'~ K~~ • • D A T E :~A UU G-C 99D CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1776 - PRECAST MANHOLES FOR ELECTRIC DISTRIBUTION RECOMMENDATION: We recommend this bid be awarded to the low bidder, Utility Precast, Inc. in the unit price of. 3 way octagonal manhole $ 3,650.00 each 4 way octagonal manhole $ 3,800.00 each Neck Extensions 12" $ 80.00 each Neck Extensions 2411 $ 107.00 each Neck Extensions 36" $ 133.00 each Switchgear Pad $ 350.00 each For a total estimated annual expenditure of $43,380.00. SUMMARY: This bid is for the purchase of precast concrete manholes neck extensions and switchgear pads for use by the Electric Distribution Department throughout the system. These manholes accessories will be purchased on an as needed basis, with the prices hold firm for a year. Three bid proposals were received in response to three bid packages malled to vendors. BACKGROUND: Tabulation Street, Memorandum from Mark Boyd dated 7-17-95. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Department, Electric Utilities, Electric Utility Customers of the City of Denton. FISCAL. IMPACT: Budgeted Funds for 1995-98 for Electric Distribution Account Numbers 10-103-1031-3580. Res ullly aub ed: L1 yd V. Harrell • City Manager Prepared by: n r 4 ,,ouX Name: Denise Harpool Title: Senior Buyer • Approved: • • Name: ToM .Shaw, C.P.M. Title: Purchasing Agent 610. sgeM e ~.4 I 4,L A • I- ~ • ....<.:a.:•s..e~nra?eras+xaamarsfi!MBa~sgFYAkX1`:ns4a's''^!,'' ii BIO BID # - 1776 NAME PRHCAST MANHOLES FOR UTILITY "ROOKS DALWORTH HLHC'I'RIC DISTRIBUTION PRECAST PRODUCTS CONCRETE PEN DATE JULY 13, 1995 _ OTY DESCRIPTIdN 14DOR^ VENDOR VENDOR R DOR 1. 5 EACH 3WAY OCTANOONAL PRECAST 13,650.00 $4,525.00 $8,125.00 MANHOLE WITH ACCESSORIES 2. 5 EACH ,WAY OCTANGONAL PRECAST $3,800.00 $4,425.00 $9,670.00 MANHOLE WITH ACCESSORIES I ? f 3. ADDITIONAL 36' DIA. MANHOLE NECK EXTENSION A. S EACH 6' DIA. X 12'111011. 60 THICKNESS $80.00 $60.00 $100.00 WITH STEP PROVISION ` 11. 2 EACH 6• DIA. X 24' HIGH, 6' THICKNESS $107.00 $120.00 $175.00 1 WITH STEP PROVISION I i C. 12 EACH • DIA. X 36' HIGH, 6' THICKNESS $133.00 $180.00 $235.00 WITH STEP PROVISION I 4. IS EACH SWITCHOEAR PAD $350.00 $380.00 $675.00 I, DELIVERY 10 DAYS ALL OR NONE' 2HR SETTING S90/HR • I I • es • To: Denise Harpool V"NO lw ELECRIC From Mark Boyd ~!e _ ^ Subject Bid # 1776, Precast manholes for Electric Dept. Minna Date: July 17, 1995 bommum i ff~ Please accept the low bid for precast manholes and switch pads for the Electric Distribution department from 'Utility Precast'. Thank you. -*a Mark Boyd • ■ 0 0 . • - ~ P 4:ng'Acvfv ~t f r+S.i.~ • e, • C* CITY COUNCIL • ' '0• X10 r 4 ~ ♦r O oe, i$*qp ~ O O • gendaNo_ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances: and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public wanks or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or Improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bide: BID NUMBER CONTRACTOR AMOUNT i 1769 DBR CONSTRUCTION INC. $151,043.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. • SECTION III. That the City Manager is hereby authorized to • execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. • 0 • 0 • [1918 SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11995. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMt HERBERT L. PRouTY, cm ATTORNEY BYt i MEN& • a~ • Ao*No ApWtem----~---- DATE: AUGUST 13 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1 1789 - SINGLE FAMILY HOME CONSTRUCTION RECOMMENDATION: We recommend this bid be awarded to the low bidder, DBR Construction, in the total amount of $151,043.00. SUMMARY: This bid is for all materials and labor involved In the construction of two single family homes on Windsor Streetifor the Community Development Office. Two bid proposals were received In response to twenty-three notices to bid mailed to prospective contractors. BACKGROUND: Tabulation Sheet, Memorandum Barbara Ross dated 7-10-95. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Community Development Office, Planning and Development Division, Citizens o Denton. FISCAL IMPACT: Funds for this project will come from Affordable Housing Funds (AFFH) and H.O.M.E. Funds, account numbers 213-005-AFFH-8502 and 212-005- HMI 3-8502. 4 Respee ully sub ted: Llo d arrel City Manager Prepared by: • me.: Denise arpool Title: Senlor Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 1 bit. AGENDA • 0 • • ;NAME Single Family Hone D 3 L DBR i Construction CONST. CONST. OPEN DATE June 29, 1896 i LS i 901 1Mndsor $73,260.00 $76.028.00 2 LS 907 Windsor $96,405.00 $76,016.00 :161 043.00 TOTAL: $168,66 1.00 Bid Bond Enclosed? NO YES • I • - rs • 4011r~N' CITY OF DENTON, TEXAS 100 WEST OAK • SUITE 208 • DENTON, TEXAS 76201 • 817) 383.7726 Community Derelopmem Office MEMORANDUM To: Tom Shaw, Purchasing From: Barbara Ross, Community Development Date: July 10, 1995 Subject: Single Family Home. Construction Bid The Community Development Office would like to accept the bid of DBR Construction for the housing construction at 901 and 907 Windsor. The total bid by DBR was $151,043. Enclosed is a revised purchase requisition for the project. We are requesting that the PO be setup to use funds from both .ounts on each project. We will be using $31,000 to affordable housing (AFFH) funds on each project. The balance on each will be paid with HOME funds. Please put the project on the city council agenda when possible. Give me a call at ext. 7235 if you have questions or need additional information. Thank you. • ci~CLG'~ Lam---~ _ Barbara Ross xc: Frank Robbins, Executive Director for Planning & Development "Dedicated to Quality Service" • e~ • _ Dais. DATE: 02/07/95 CITY COUNCIL REPORT FOR TO; Mayor and Members of the City Council FROM: Lloyd V. Ham 1, City Manager SUBJ: Approval of an ordinance providing for adoptlon of the Affordable Housing Program; authorizing the City Manager to utilize 901 Windsor and 907 Windsor to provide part of die match required by the Federal grant program; and providing an effective date. RECOMMENDATION: The Community Development Staff recommends approval. The Affordable Housing Program, including use of City-owned properties, was approved by city council in the 1994 Combined Statement of Community Development Objectives and Projected Use of Funds and the HOME Program Description. BACKGROUND: On line 7, 1994 the Combined Statement of Community Development activities was approved by city council. Activities Included the Affordable Housing Program. The program description staled that City-owned residential properties would be used for construction of new single-fondly housing. The pw,,-^ of the program is to creole additional affordable units available to low and moderate income persons, Donation of residential properties by the City also provides pan of the match required tinder the Federal HOME program, Homes will be sold to low and moderate income families at at near market value. Buyers will obtain a mortgage loan from a lending institution. Subsidies are set up as deferred forgivable loans based on household income levels. These subsidies will be available to the family purchasing the home under the City's Homebuyer Assistance Program (guidelines attached). Repayment will be required if residency by the original low/moderate Income owner is not maintained during the loan period. N,gram income, realized at die time of sale, will be resumed to the program to finance additional construction. • Additional construction funding was requested from the Denton County Housing Finance Corporation. These funds were necessary to meet Federal matching fund requirements and increase the number of units constructed. The DCHFC agreed to provide $122,000 to the program. Funds are scheduled to be received from the DCHFC by March I, 1995. • The cost of homes constructed under the program will range from $50,000 to $64,000 depending on the size and number of bedrooms. Homes will be architecturally compatible • • to others in the neighborhood. 4\GNRL009A\WINS0RLr.AES\I s~ • SUMMARY: aAfB _ _ - - - - This resolution will allow the use of two properties to begin the Affordable Housing goararl]. The properties are 901 and 407 Windsor (deed attached) Construction Is scheduled to begin by April 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Prospective Low/Ptoderate Income Homebuyers Local Contractors Denton County Housing Finance Corporation Meadowbrook Addition Neighborhood Residents Community Development Staff FISCAL IMPACT: HOME funding for the program was approved on June 7, DCHFC funding is to be received by March I, 1995, No additional fiscal impact Is anticipated. Respectfully submitted: Lloyd V. Harrell City Manager Prepared by: Barbara Ross Community Development Administrator Approved: • Frank Robbins, AICP Executive Director for Planning & Development • Attachments: Ordinance Copy of HAP Guidelines Copy of Deed - 901 & 907 Windsor 4\ONRLC0RR\41NS0RLr.RES\2~ 'C'4 a4l • • E.\HPMCS\OP.D\ACQDIRE ORDINANCE NO. gs-a3o AN ORDINANCE PROVIDING "OR ADOPTION OF THE AFFORDABLE HOUSING PROGRAM; AUTHORIZING THE CITY MANAGER TO UTILIZE 901 WINDSOR AND 907 WINDSOR TO PROVIDE A PORTION 01' THE MATCH REQUIRED BY THE FEDERAL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, in the 1994 Combined Statement of Community Development Objectives and Pro- jected Use of Funds and the HOME Program Description, recently approved implementation of an Affordable Housing Program; and WHEREAS, the Affordable Housing Program approved for implemen- tation by City Council specified the acquisition of vacant, abandoned and unoccu,' Diable properties for the purpose of new housing construction or rehabilitation; and WHEREAS, Lot 10, Block E of the Meadowbrook Addition, City of Denton, Denton County, Texas (11901 Windsor") and Lot 11, Block E of the Meadowbrook Addition, City of Denton, Denton County (11907 Windsor") have been acquired by the City of Denton; and WHEREAS, the Federal grant program that provides funding for Community Development, requires that local jurisdictions provide a match for t:ie Federal grant funds; and WHEREAS, Texas law authorizes cities to adopt a community development program that makes matching grants for low and moderate income housing a public purpose; and WHEREAS, the City council finds that such a public purpose would be beneficial to the City of Denton; and WHEREAS, the City desires to use 901 Windsor and 907 Windsor as a portion of the (unding required to obtain the Federal matching grants; NOW, THEREFORE, • THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Affordable Housing Program under which the City of Denton may acquire and convey real property that is appropriate for new construction or rehabilitation in order to promote conservation of neighborhoods and availability of affordable housing and the use of such property as a match for • Federal grant programs is ado?ted. • SECTION II. The City Manager is authori~,ed to -iti)ize 901 Windsor and 307 Windsor to provide a portion of the match required by the Federal grant program and to convey said properties as is necessary without further City Council action. • tie __-_....f SECTION III, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 199. BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY I APP OVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: 9,~Q ~ J 1 I PAGE 2 1 I • l ~ • • 1994-95 PROJECT NAME AFFORDABLE HOUSING PROGRAM DENTON AFFORDABLB HOUSING CORPORATION I ACTIVITY New Constnnctlon Community Horsing Development Corporation (CHDO) f lMPl,F0trlFNTING City of Denton Denton Affordable Housing Corporation AGENCY CORD AEG. CITES BI,1GJNAr1, OHJ )24 CFR 5701 FUNDING SOURCF4 HOME. $211,812.30 (includes $81,812.50 match) HOME. $25,000 Operating Expenses AMOUNT HOME. $50,000 project Set aside PROJECT True City of Denton's Community Development Office will The Denton Affordable Housing Corporation, after DESCRIPTION develop and administer a new ©jfnrdabfe Housing Program, certification as n community housing development corporation This program will use city owned residential properties rot by the State and City of Denton, will be provided $25,000 in coustnktion of new single-family housing. Donation of operating expenses. Parx s will be used to pay salaries, rent, residential prolKrties will provide the $81,812.50 match utilities, and purchase supplies for the organization. The required for the HOW program. Additional constntction Denton Affordable Housing Corporation is a new funds may be required from oilier public and private organization. No housing development projects have been nonprofits organizations. Homes will be sold to low income proposed. The organization Is currently working to secure families. Homes will be sold at market value. A subsidy, set addition funding In order to hire staff, $50,000 has been set up as a deferred forgivable loan and based on household aside to provide housing projee programst. The income, will be available to the family purchasing homy pprrojects/programs will benefit low and very low income Repayment will b required if residency by the original buyer households, City staff Is cumnily assisting the organtntion is not maintained during that period. Program Income, to obtain CHDO certification, request additional realized at the time of safe, will be returned to the program to administration funding and recruit an executive director. City • finance additional crotamction, will continue to assist and to monitor DAHC operations and projects as the organizations expends HOME funding, l OBJECTIVE To increase the supply of affordable housing within the city. To increase the supply of affordable housing within the city, LOCATION City-wlde To be determined. BENEFIT tOO% benefit to low and moderate income families At least 51% benefit to low and moderate Income families. ['age 9 of 1O • O • as • 1 „ I„.nu-Ill H0,.a.,-i tit (61( il yeI DGNTON DENTOtl WAN i I14VECTMENT COMPANY yy1QA~~Mrt~~No 152ti3 eta , , I/ 41e, DENTOU TC1tAS-----/-t rvlWeir rr11jei'1f r.r/e/r T ,///irdarir~ TEN AND NO/100 ($10-00 Zil it ,(/p~rr'IIr~IUi~~/ Tile City of Denton, Texas, a Municipal Corporation II 1 { ~rlr [illt~f~,~D~t~;lll~( DilUf~1'1, r(irrlll/~i'1r~UJrv/l r/r ~(~C:IA~,~Pt~:11111~ It11UPi' city of Denton, Texas, a municipul Corporation /rr/r' r Texan n/ly~ar~ r /rrrr~ Denton t• / (ot, tract or (ilarcal ~f land lying and being`situated in the City and CDURL of Denton, State oC •xas, and being part of the J, Carter Survey, Abstract No, 2741 and being part of a tract of land conveyed from George C. Deutsch • ` to Denton Loan a IrIvestment company by decd doted July, 21, 1961 an0 ro- corded in Volume 471, Pago 94 of the Dead Rocc,. Oa of ocnton County, Texas, and more particuler?.y doacribad as follows) {~I LEGIIINING at a point in the wost boundary lino of sold tract, same being th cast right-of-way lino of Stuart Road said point of baginnint) being the f north',rest.. coraor of Lqt 1, llloct-L-of the Meadowh_rook Su_bdivJ.Pn, an addi- tion to the City of Canton as recorded in Vo3ume f log"o 16 of the Plat, R, cords of Denton County, Texas, said Point of boginninrl Aldo bo'.ng 141.09 ft. j north 1' S7' cast of the intersection of the east right-of-way of Stuart e ~f )toad nna the north right.-of-wny line of Nine pr„ Drivel 'rlli:11CC north 1.0 57' east, along the west boundary line of said Lract, uamc • being lira cast ri,Iht-of •vaV 1(no or S1.uart Ro"tl, a dlatance of 91,66 1201., room or loss, to a point for a corner, scone laving the southwosL corner of E a tract of land cc-vcyrzd by 1t1•naut Sillipsoll Lo Raymond St, 1hcnuoll, ct al i,y 11 decd d,ltud duuc 10, J'16'1 nrld rerordcd in Vullow 506, Pago 498 of tho DT7cd Pocurda of Uu,l Lub Cuunl.y, '1'oxaal '1111:,;('L north 71' 00' on•rl., alonq the South I,oulltlary 1(nq of said SLey?11n1111n., rrrrl, .1 of 4(17.06 foot to a 11alnL fir a corner, camo being the I..al ~'u, I,rl'ly t'N1'n,4' nl i,l Iau~dronlll)n 'I'rat111, 111101 ,111;0 lpinq in the 11,111.11 • ec► • III boon Unt'y 11.1" nu.u ,n ' t,111- ondl,Invnorth 19" meanyant, 41011cgllatnncorolr 995n44~feet~~`mora 17or ct 1Da1n1,uitol,11 I line for a :orner in the cost boundary of sold tract, name baron the iI west boundary f-qay Shorman ofr Sher many Drive Aldo rhol southa rightrof Cwaylt1 Jnatlof I went rlght-o Monterrey Drival TH11?1CC mouth 29' 49' west, along the east boundary line of said tract, name being the west right-of-way line of Sharman Drive, a diatanca of 285,00 foot of I{ Loto2or6lock Bto[aepoint far a corner, somaibeing the northcnut corner 1. Bloc rr*r B, THENCE a distance of 140,O0 foot to gatpointrforlatlcorner line obeing said thetnorthwas k corner of sold Lot 1, block B1 of 150 south 29' 491 along for the a west cornert,n same beingothe northeastB cornort ofce . of 150, 35 cut toe point Lot 13, Block E of said Meadowbrook Suhdlvisionl dlistanceoofh248.489feetato al g pai pointhforoatcorner,nameibeing thednortheant a corner of Lot 11, 91ocke E off1 said Meadowbrook Suhhdivi9sionl LLoo I G E;ICa diitence5of1 111408$~tteetotd ehpognltforuadcc nornlnotbeanorLVitr1'A Jogck way line of Windsor Drive, same being the southeast corner of said Lot 11, Block Et al{distancet1of8144.00 feet t0 aapoint forta corner~fsams beingnthelsouthwesty corner of Lot 10, Block C. of the Meadowbrook Subdivislonl THENCE north 5' 11' west., along the west boundary line of said Lot 10, block E,a distance of 140.00 feet to a point. for o corner same being the north- west cornet' of said Lot 10, Block E1 I THENCE south 840 49' west, along the north houndary line of said Block r of agannMingoand containing s6.07 distance of bmorelorelessto the place of b This conveyance is subject tot 1. 1/1 mineral interest retained in the decd from W.A. Wilson to Joe Skilen 'dated May 15, 1953, and shown of record in Vol. 787, Pago 375, Deed Records, Denton County, To x11:1 2. Building and use rratl'lctlantl shown of record in Vol, 477, Page 459, Deed Re,'rds, Denton County, TaxaS. 3, Any and all easements and/or rights-of-way on, over, or across the said property. ~y ullililit hillllfll1111I k) ~~CYI't'P,//fY~!!lt/~rrirlr,c;.1<ytX/i I~ lrrjf/i;n/rJ/r~~rrt/rJrrnr/r.J;T/r irYll,'0I/~((/Jf l'frPJ9fI(J`!/'(o,,Ir.l~rJ//!r/ d•7svtl~nflt;trlffimuct6xd Rm)`1m*anm,7tm1'1ONR11RL7T1xt!'kit xm 77PX1t1 Lte mit7Fm City of Denton, Texas, a Municipal Corporation, its successors FYr(%/ (I/ itself , its r/Tt,l; r(!!t?/ it /k A U .%~~?aYrJ,~~/~riiJ!//!~/a/~rir/r~i/•z/.Yr ~E~i1C1i1SSti11111aI•IlY1t~I1tC~l'tl4tl~, //~~c~/i// i{{ • Jnr~!/lir //r.,!!ii/~lriirrir'J>r!i/r//r lrrii>' city of Banton, Texaco, a lt,tnt- I cipal Corporation, its successors /fryillX 7l/Ir'~/(.l.l~~/1.171'/rr7rlGl/r'r'/'%~ . { ~Y'rlr/I II~i'/NJrrPN rrI(~///~/!'llil//IIJI~I'I .JrlJJlr. ri nHy1J!///11rJ • nur/an,l,olDorton, Texas /loni 23 .i,/P' duly 11j DENTON IA/,~!~,)_INVE/ST_MRN Mint{Y. • • f Y t Y L V. Ilu proaidout • ® rvi ,tits };'.a:: 0 I c~ 0 yr T.~ _ I ~~pp EMI W U1, y• l E ,a e • 0 r r*' l , all MINNOW, • w • ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an artiount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in caste of unforeseen damage to public property, machinery or equipment= and, WHEREAS, the City Manager has recommended to the City Council that it is nocessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or tv preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE • ORDER NUMBER VENDOR AMOUNT 55718 JAGOE PUBLIC $16,450.00 • SECTION II. That because of such emergency, the City Manager • • 11 or designated employee is hereby authorized to purchase the r materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. t, s • That this lmmedEateOy upon its passage andrapprovel,ahall become efieotive 1995. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • 33 i i e p • DATE: AUGUST 1, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager I1r!' SUBJECT: PURCHASE OkDER #55718 - JAGOE PUBLIC RECOMMENDATION: We recommend purchase order #55718 to Jagoe Public Company be approved In the amount of $16,450.00. SUMMARY: This purchase order is for the emergency purchase of equipment and labor to install 470 feet of 24" PVC sewer pipe. The repair was along the 24" Hickory Creek fall line near highway 377. This PVC line replaced an existing clay sewer line that had collapsed creating an overflow of 150 to 200 gallons per minute of sanitary sewage into Hickory Creek. Work was begun to bypass the damaged line and the property owner, Texas Natural Resources Conservation Commission and EPA Region e were notified. Above ground lines and portable pumps were utilized 24 hours per day to bypass the collapsed line and prevent further spillage Into Hickory Creek. An emergency purchase of this type is exempt from the bid process as outlined in Chapter 252 section .022 of Texas Local Government Codes. BACKGROUND: Purchase Order 55718 - Jagoe 1-ubiic Company. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water/Waste Water Field Serv ces, T RCC, EPA. FISCAL IMPACT: 1994/95 Budgeted Revenue funds and CIP funds for Water/ Waste Water. Account #825-082-0471-V522-9114. Reaps ully submitted: • o arre City Manager Approved: Name: Tom . Shaw, C.P.M. Title: Purchasing Agent W.A0e~A I o VA pr • - o • • . ......n_,.. r,,.. .,..«.w .•.n..r n ....ww„wr..w.n..wwr,~.MSMnOSbNNACtW~M'n`NPY~ID~I~b.~W t~~_. PURCHASE ORDER NO. 55718 THIS IS A XXX This number must appear on all CONFIRMING ORDER invoices, Pay skips, uses. Q (IF MARKED) clns., boxes, : Packing slips and erns. DO NOT DUPLICATE Rea No. Bid No: Dalo:JULY 15, 1995 Page No. 01 PURCHASING DIVIS`IION 1 901 8 DENTONP ITDEE TO SEXAS 76201-4354 817/383-7100 D1FW METRO 6171267-0042 FAX 8%7/382-4692 VENDOR JAGOE PUBLIC COMPANY NAME/ P 0 BOX 250 DELIVERY CONFIRMATION ONLY CSO ADDRESS ADDRESS W/WW ENGINEERING DENTON, TX 76202 901-B TEXAS STREET DENTONs TX 76201 VENDOR NO. JAG49000 DELIVERY QUOTED 07-30-9S FOB DESTINATION BUYER D11 TERMS WIT, t I TINE TIT T 001 470.00 LF CITY 096246 35,000 16,450,00 INSTALLATION OF 2411 PVC SANITARY SEWER TO REPLACE EXISTING CLAY SEWER EQUIPMENT AND LABOR ONLY. ALL MATERIALS TO BE FURNISHED BY CITY. • • PA Q TOTAL 16,450.00 GRAD TOTAL 16,450.00 01 625 082 0471 V522 9114 161,450,00 VENDOR INSTRUCTIONS:. 3. Terms - Nei 30 tug... q.nL.+s 1. Send originaf invoice with duplicate COI SNIlging insiruetions: F,0,8, Oestinallon prepaid Win pit-h-0) 1. Bill fo - Accounts Payable 5, No federal of state sees lax shall be included we as ng Division 715 E. McKPnne Ss in prices billed. Demon, TX 78211-1299 VENDUS-ORIGINAL • • u. i1~ ' ',aT fi a. e ~r C y OUNCIL 4 it . o • • ten ORDINANCE NO. _ AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 56409 MOTOROLA $17,371.38 • SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION Ill. That the City Manager Is hereby authorized to execute any contracts relating to the itemf: specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 1 a r eta SECTION IV. That this ordinance shall become effective immediately upon its passago and approval. PASSED AND APPROVED thib the day of , 1995. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY BY: • !1 • • C r ~ r /i stf}l. a! t4n4~'1 t E~ • s N +genGaNo aQenda~ 0816 DATE: AUGUST 1, ,t'498 CITY COUNCIL REPORT TO: Mayor scud Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 188409 - MOTOROLA RECOMMENDATION: We recommend purchase order number 14.16409 to Motorola Commun cat one be approved in the amouta of $17,371.38. SUMMARY: This purchase is to upgrade the software that operates our 800 MHZ rsdfo trunking system. The purchase of this upgrade software Is a sole source acquisition and exempt from the bid process as outlined in Chapter 282 section .022 of the Texas Local Government Code. BACKGROUND: Purchase Order #88409 - Motorola Communleationa, Memorandum Tum -Don Byrd, Communications Department dated 8-27-98, quote from Motorola Communications dated 8-19-98. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Communications Division and all of or usors o the 80 M radio true ng system. FISCAL IMPACT: Initial payment will be made from budget funds from the Communication Division and prorated to the using departmento. 3 Respe Ily submits d: 'da v Lloyd arre City Manager a Approved: I Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 616ROSNDA N 1 N I ~ • • PURCHASE ORDER NO: 56409 CONFIRTHIS IS A MING OILER XXX 1 This number must appear on all invoices. delivery dips, Cases. IT MARKED) tins, boxes, packing dips and bills, DO NOT DUPLICATE Req No, end No. Dote: 07 13 95 Pape No. 01 CITY PURCHASING DIVISION J 90F DENTONY TEXONNSEXAS 78201-4354 01-0 TEXAS STACE 0171383-7100 01FW METRO 817/257-0042 FAX 8171383.7302 VENDOR MOTOROLA COMMUNICATIONS NAME/ ATTNt MIKE XCINTYRS DELIVERY CONFIRMATION ONLY C31 ADDRESS 1701 VALLEY VIEW LN ADDRESS COMMUNICATIONS DALLAS TX 75234 901 8 TEXAS ST DENTON, TX 16201 VENOOR NO, NOT52400 DELIVERY QUOTED 08 01 95 F08 DESTINATION 8PYER AM TERMS I I 001 17371.38 88 VENDOR CAT. N N / A XFO NAME 1.000 17,371.38 CITY N 90620 UPGRADE TO SMARTNET TYPE II SINGLE SOURCE. PURCHASE FOR COUNCIL 08-01-95 s I PIGS TOTAL It 11,371.38 ~ GR XD TOTAL t 1'1,371.36 01 611 080 RR87 F009 9252 ('1300901A CB00901A 11,371.38 • j VEWDA 1NSIRUCT10NS 3, Teams • Me; 30 11"11" i, send original invoire wilt dollule copy, 4. Sluppmp instructions, FDS Destination prepaid wsii ~.is giio,w 2. Bill to - Accounle Payable 6. No laderal or stide 9111 tax 61111 be included 215 E. McKlmelSL In glues billed, tae nY ins oTn Denton, TX 18201.4299 PURCHASING • a • ar • June 27, 1995 MoM +Ae+ldaltarJ To Roo Wells ~fe From Don Ilyrd ----r..- subjces 800MIIz TrunMng System Ty pc II The 800.NIIIZ. radio tmnking system owned and operated by the City of Donton Is a Sntartnot Typo I system. This is Motorola's original trunking system. Most neighboring systems have been ungraded to Motorola's Typo If system which allows more Ooxibility and imeropcmbllity Ouc to their upgrade wo are not abie to &mish them with Typo II backup Flccta In 1991 we Investigated the cost of upgrading the City's system to Type 11, the cost wm approximately $93,000 at that time. This rust was prohlbitive considering the fact that some of the other entities wore otiil operating Type I also There are several justifiablo reasons to upgrade ro Typo II operating system First it would give us the Interoporability with other cntitics such as L Msvillo, Carrollton, Denton County Shuriff, and othom It would allow us to continuo to honor our original agreements with these cntitics. Secondly it would allow new typo radios to operate on the City of Demon's system which cannot be done presently. Thirdly It would provide the desperately needed Fleet JDs needed for normal system operation, At the present time the Electric Fleet (601) and Water Fleet (600) IDs are being duplicated because there am no more IDs available for additional radios. Those IDs normally Identity the user but when they are duplicates no spccillc user can be Identified Many of the now type radios cannot operate, or are greatly limited in operation on Type I systems The University of North T'cxas recently purchased eight new portable radios that had limited functionality on the City's system bccadsc it is Typo I. 'rho most widely used radio on the City's system Is the STX portable radio, Ibis radio is no longer available from Motorola and in the near future will no longer be supported by Motorola. At the present time we are purchasing reconditioned or used STX radios for those who need portable units. The Police and Fire Departments ale using mho S90001: mobile radio which is no longer available from Motorola. However, ft S9000E Is Type 11 compatible and need onl, he reprogrammed by the communications shop. When now or replacement radios are needed it Is being replaced with the Spectra which is Type I or'Typo 11 capable. Pans are readily available for maintenance and repair of these radios Many of the existing radios are apgra(Jeable to Type 11 at a minimal cast. These radios can be upkraded by the Communications Division. Due to the limited functionality of new radios on the City's system I researched the cost of upgrading to Type 11 again. Motorola has decided that it is in the best interest of everyone concerned that they assist us with reducing the upgrade cost to a bare minimum. Motorola has given us a quote to upgrade to T3T4 It for $17,371.36. 1 would like to remind you that TWU and UNT havo added numerous radios to our system that are not a part of our • original agreement with them, Your admonition as to hew to resolve this problem would be greatly appreciated. If these cntitics are to be include in the upgrade cost please advise. It is my recommendation that flmds be collected from all system users based on the number of radios used by each dcp+uunemddivision or entity. The following information is for your evaluation and recommendations. Currently them are 5ti8 City -)coned radios operating on the 800Mliz tnmking system. ® r. • We hoer recently rc~eived a firm quote of 517.371 38 from Motorola to upgrxle the City's system to Type 11 , • 0 ~w~: t li~l'i ,a1 • • • DATE: 6.10-08 TYPHU,x a MR, DON BYRD a CITY OF DENTON COMMUNICATIONS DEPT, A 41NO 901 TEXAS STREET DENTON, TEXAS 78201 AB~~ Oale______. ATTN: DON BYRD SUBJECT, TYPE II UPGRADE QUOTATION TYF E11 OI I H SOFTWARE IT M OTY ESCRIPTION ST PRICE [EXTENDED ICU&TOMIR's COST I 1 T5409 SIP SOFTWARE 5,699.00 5,699.00 $3,057.38 IA I DOB CALL ALERT 850,00 $600.00 6310,00 18 1 097 SNAP SHOT $2,600.00 $2,600.00 81,650.00 1C 1 DOW SELECT INHIBIT 83,500.00 83,600.00 82,170.00 10 1 D952 RIMII WITH CABLES W0.00 8700.00 $434.D0 2 1 D3$KGASJC2 RF MODEM RADIO 81,500,00 81,500.00 51,600.00 3 2 T$209 SMARTNET III SOFTWARE 82,000,00 84,000.00 $4,000.00 4 2 CSC CHIPS U49,U38,U30,U4.8,U17.20 8300.00 $800.00 8600,00 5 2 TLN•3077A TSC UPGRADE 8200.00 8400.00 8400.00 6 2 TLN•3078A RSC UPGRADE $175.00 8350.00 8350,00 7 2 TI.N•12345CONSOLrPEPr7GRAMMING S1,E0040 81,500.00 80.00 8 1 SIP COMPUTER $2,095.00 $2,095.00 COST. TO PROVIDE 9 1 SERVICEW OPTIMIZATION COST 83,600,00 831600,00 80,00 • 1D 8 TRUNK CONTROL MODULES $375.00 $3,000,00 82,400.00 TOTAL COST 129.944.00 0044,00 TYPfA !VETRmrr /anwcc/ PROVIDED 1 1 PROGRAM CONSOLE C88 ~ 81,300,00 81,600.00 80.00 b 2 1 PROGRAM CENTRAL SITE FIX END 82,000.00 $2,000.00 80.00 3 8 INSTALL TRUNKED CONTROL MODUAES 8100.00 8800.00 80,00 • 4 1 FLEET MAP TEMPLETEI ENG. SERVICES S1,500.00 81,500.00 80.00 5 1 OPTIMIZATION 81,500,00 81,500,DO $0.00 roT~~ COIT OF SERVICE/ ~r 100.00 .00,00 Pace 2 13 • w • • DATE: 0-1 IM TYPILIALS 1 1 4 NOT WAUDED NOT INCLUDED FOR SIP SOFTWARE MOTOROLA C d E. IND. 1701 VALLEY VIEW LN. DALLAS, TEXAS 75234 ATTN: JIM MANTOS ACCOUNT MANAGER 8!7.201.1$M 1617.281.8692 FAX JIM CLEAVLANDIENGINEERINO 214-806-0651 NOTE: THIS QUOTATION IS GOAD FOR 30 DAYS • r a • • Ps" 3 , • • t(~, • 0 Yt«;. PC I T I r . COUNCII M4 1.• .I I 1r r. 4.1 •1 17 it . i, t • ~ s e N is ~IL 1:1 X J • • +Id1A11No~. 7. ~ ORDINANCE NO. S-J-c..~" AN ORDINANCE AMENDING ORDINANCE NO. 95-120 RELATING TO THE EMERGENCY EXPENDITURE OF FUNDS FOR THE REMOVAL OF CONCRETE RUBBLE OVER HICKORY CREEK SEWER FALL LINE BY BOYD EXCAVATION AND PROVIDING FOR THE EXPENDITURE OF ADDITIONAL FUNDS) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on June 200 1995 authorized the expenditure of ;45,500.00 on Purchase order #55299 to Boyd Excavation per Ordinance No. 95-120; and WHEREAS, the City Manager desires to revise Purchase Order #55299 to Boyd Excavation and to increase the dollar expenditure for removal of additional concrete rubbles NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAI.?SI SECTION I. That Ordinance No. 95-120 ie uereby amended to prnvi a for t e expenditure of additional funds for removal of concrete rubble by Boyd Excavation pursuant to the terms of Purchase order #55299. SECTION II. That the amount of Purchase order #55299 is hereby amended to provide for additional compensation of $794150.001 total price payable to Boyd Excavation is ;124,650.00 under this ordinance. SECTION III. That the funds for this amendment are expended from Water and Sewer Revenue Budget Funds approved by City Council in 1994-95 Budget. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of 11995. BOB CASTLEBER Y, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY • • BY: Mingo i t;, 1r1 ':~t~~~y~h • • CWANo DATEi AUGUST 10 1995 MM ~r CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 455299 - BOYD EXCAVATION RECOMMENDATION: We recommend this purchase order be approved in the revised amount o 24,650.00 for an increase of $79,150.00. SUMMARY: This revised purchase order is for additional concrete rubble removal ov, a collapsed 24" sanitary sower line along Hickory Creek near Highway 377. Council approved the expenditure amount of ;451500.00 on this rubble removal project on June 20, 1995. At that time we were unaware of additional failed pipe that would have to be replaced creating the requlrr ment for additional rubble removal. Also, as we moved down the pipe line the rubble depth increased from approximately 5 ft. to 24 ft. over the tap of the line increasing the amount to be removed and the amount of elope on the embankment required for safe access. BACKGROUND: Purchase Order 455299 to Boyd Exeavution, Memorandum to Council dated June 20, 1995, Memorandum to Council dated July 26, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Waste Water Field Services, Citizens In the a acts area, TNRCC an E.P. P.A. FISCAL IMPACT: Funds will be paid from current Budget Revenue Funds. Part of the unf dingTor the Egan, Congress, and Panhandle CIP project will be pushed into next fiscal year to compensate for the additional expenditure. The sliding of this project enable the City to avoid using bond funds to finance the repair. Respeot lly sub tted: I ELI TV.- Harrell • City Manager Approved: NRmo: Tom D. Shaw, C.P.M. Title: Purchasing Agent , • 619.A00MA • • • 0 a; • w • i • PURCHASE ORDER N0 55299 THIS IS A RXX This nurnber must appear an all CONFIRMING ORDER invoices, delivery abps, uses, D (IF MARK stns., boxes, packing skips ,ad bills. ~9lAdaNO..,., - - - 00 NOT DUPLICATE . 4gerbai Req. No. Pod No. ~td Date: 01 20 95 Pape No. 01 CITY O PURCHASING UNISON 1901 B TTEEE S STREE' TEXONNSEXAS 78201-4354 8171383-7100 DIFW METRO 8171267-0042 FAX 8171383-7302 VENDOR BOYD EXCAVATION NAME; 3500 FT WORTH DRIVE DELIVERY' CONFIRMATION ONLY C50 ADDRESS IS E D ADDRESS W/WW ENGINEERING DENTON TX '16201 1J G 901-8 TEXAS STREET D'L:iTON, TEXAS 76201 HAMMY BOYD VENDOR NO, BOY57001 DELIVERY OUOTED 07 30 95 FOB DESTINATION BUYER TS TERMS LINE 0 ANTIT IL IBS RIPI~ON W , 001 281.00 MR VENDOR CAT. N N / A MFG NAME 100.000 28,100.00 CITY N 96839 EXCAVATING OVER SEWER LINE (HOURLY RATE) 002 608.00 TIR VENDOR CAT. N N / A MFG NAME 100.000 60,800.00 CITY N 96839 EXCAVATING OVER SEWER LINE (HOURLY RATE) • 003 650.00 HR VENDOR CAT. N N / A MFG NAME $5.000 30,750.00 CITY N 96839 EXCAVATING OVER SEWER LINE (HOURLY RATE) NO BID - EMERGENCY PURCHASE P GE TOTAL d 1241,650.00 • • VINUOR INSTRUCTIONS 3. terms - Net 30 n'^'•° n.u 1. Send original involCe with duplicate COPY. 4. Shipping instructions: F.0.8, Oeslination prepaid Iowa. .on.n. Vau"O I 1. Bill to - Accounts Pavable 5. No laderal or state sales tax shall be included 216 f. McKinney St, in prices billed, Purchasing Division Demon, Tx 78201.4299 PURCHASING • • _ a ................._._-,..........,..._,..:...--...-..._..,..,.....,..~.n.,.e.,...N,,.a.......uasa+mw+euelh+a'♦N~'~ttt PURCHASE ORDER NO; 55299 THIS IS A XXX This number must appear on all CONFIRMING ORDER cos, invoices, delivery dips, eases. Q Of MARKER J ctna boxes packing sups rid bills, DO NOT DUPLICATE Req. No. Bid No: Date: 07 20 95 Page No, 02 PURCHASING DIVISION Y901 6 TEXAS STTRREEY /~NTOTEXAS 76201-43134 817!383-7100 D/FW METRO 8171267-0042 FAX 817/383-7302 VENDOR BOYD EXCAVATION NAME/ 3500 FT WORTH DRIVE DELIVERY CONFIRMATION ONLY C50 ADDRESS O rv r\ ADDRESS W/WW ENGINEERING DENTON TX 76201 ~ 901-B TEXAS STREET DENTON, TEXAS 76201 HAMMY BOYD VENDOR NO. HOY57001 DELIVERY QUOTED 07 30 95 FOB DESTINATION BUYER TS TERMS LINE QUANTITY I r F COUNCIL APPROVED $45,500.00 ON JUNE. 20, 1995 HOLD REVISED PURCHASE ORDER FOR COUNCIL AUGUST 1, 1995 i } • P GE TOTAL t 0.00 OR ND TOTAL t 124,650.00 • 01 625 082 0471 V522 9114 124,650.00 • VENDOR INSTRUCTIONS 1 Terms - Net 30 pmn.. ....n. .,.,a.a.i I. Send original involce with depliute Copy.: 4. Shipping instructions: F.O.S. Destination prepaid (ud..s ow.i..,.. odi Bilt to - Account payable 6. No lederal or slate sales IsA shall Its included 215 E McKinney SL In prices billed C Division Dentli Tx 19201.4299 PURCHASING • • . w w r~.~~r rsr~.. _ • ~ i {y l V. 1`QI ICI 1I ) ~ rr3 • I MONO CITY COUNCIL AGENDA ITEM TOs MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager DATE: June 20, 1995 SUBJECT: CONSIDER EMERGENCY PURCHASES FOR THE HICKORY CREEK 24" SANITARY SEWER REPAIR SUMMARYs On May 24, 1995, a sanitary sewer was discovered running into Hickory Creek ne&r Highway 377. 150 to 200 gallons per minute was discharged due to the collapse of a 24 inch sanitary sewer line. The estimated costs to repair LLe collapsed line is as follows: • Excavation $56,000 Material Purchase 13,463 • Bypass Pumping 61537 ;76,000 BACKGROUND: on May 24, 1995, sanitary sewer was discovered running into Hickory Creek near Highway 370. The 150 to 200 gallon per minute discharge was due to the 7ollapsing of the 24" sanitary sewer line. The discharge was discovered due to investigations of odor complaints in the area. The property owner, Texas Natural Resource Conservation Commission and EPA Region 6 were immediately notified upon discovery. Work began • to implement bypass pumping from the upstream manhole 863 feet to the downstream manhole. The bypass pumping operation was in place and running two days after discovery. The bypass pumps must be watched 24 hours a day. The Wastewater Field Services Division has set up 12 hour shifts to accomplish this task. • Boyd Excavation was hired to look for the collapsed area on • • Friday, May 26, 1995. On Monday, May 29, 19950 it was discovered that only a small section had collapsed, but almost 378 feet of the pipe was damaged, A point repair could not be made. 378 feet of the pipe would have to be replaced and a new manhole installed. • a~ t r 9"daNo aendaltem_,_._._...,.,_.,...,. Boyd Excavation has been working to prepare the site for replacement. The estimated cost for excavation is $45,500. To date $32,427 has been paid. once the site has been prepared, Jagoe Public will replace the existing line. The City will supply materials. The estimated cost is $13,463 for materials and $10,500 for the installation. Installation of the replacement should begin on June 14, 1995, and be completed by June 23, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Citizens of Denton, Denton Municipal Utilities, TNRCC, EPA Region 6, Boyd Excavation, Jagoe Public, BARCO, Rohan, and Plank. FISCAL IMPACT: The total estimated repair cost should be approximately $76,000. The money will be taken from currant revenue. Part of the funding for the Egan, Congress and Panhandle CIP project will be pushed into the next fiscal year to compensate for the extra expenditures. The sliding of this project enables the City to avoid using bond funds to finance the repair. (See Exhibit I for detailed expense report.) RESPECTFULLY SUBMITTED: Lloyd V. Harrell _ City Manager Prepared by: • Howard Martin, Director Environmental operations Approved by: R. E. Nelson Executive Director Department of Utilities Exhibits: I. Det&.Ied Expense Report • • . . ` fir. v 1' s,'~. A< <.j~'S~ l i ~,(}1 \1-t kill e~•` V 2i~. t, C • • `b~daNo '~Oer)daltertt""~_" CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager DATE: July 26, 1995 SUBJECT: CONSIDER ZNZRGENCY PURCRASES FOR THE RICKORY CREEK 24" SANITARY SEER REPAIR SUXKARY t This item was brought to the City Council on June 20, 1995 (See Exhibit I). At that time, the estimated cost to have Boyd Excavation prepare this site was $45,000. The final cost was $124,650. The estimated cost to have Jagoe Public replace the line was $10,500. The final cost was $16,450. BACSGROUNDt This item was originally approved by the City Council on June 20, 1995. The cost has increased since that time. The cost for excavation increased due to the following reasonsi 11 The concrete rubble was a lot harder to excavate than expected. 2. It was necessary to slope the embankment more than expected. 3. More line had to be replaced requiring more excavation. The cost to replace the line increased as well. The original Purchase Order was for 300 feet. At the time, we took this to City Council on June 20, 1995, is was expected that 378 feet would need e to be replaced. In fact, 470 feet was replaced. PROGRAMS, DEPARTXXNTS OR GROUPS APFECTEDt The Citizens of Denton, Dent~on Municipal Utilities, TNRCC, EPA Region 6, Boyd Excavation and Jagoe Public. • • e • 0 p Ppppppppppp • • i ~pendeMa AAertdelferrtr„~^,",,, FISCAL. IMPACT: We The $141,100 for these two Items will be paid from current revenue. PA of the funding for the Egan, Congress and Panhandle Cl P project will be pushed Into the next (lscal year to compensate for the extra expenditures. The sliding of tails project enables the City to avoid using bond rands to Onance the repair. RESPECTFULLY SUHMI'll'fiD; i , Lloyd V. Harrell City Manager Prepared by; ' b Howard Martin, Director Environmental Operations Approved by, 2L -41 R. E Nelson, Executive Director Department of Utilities Fixhibils; 1. June 20, 1995 City Council Agenda Item i • I ~l • 0 i' i all: IN 4 t ICITY~.,Mt COUNCIL S; t a,. li. 1 ♦ S1' . 3 i o ILI ~ s b 0 f' '~rO pp~ ~ • 0 GC C , • a~ • AOMdIIN ~fMf4t all CITY 1( NCI RI?E! HT E) MA_l DATH: 08/01/95 TO: Mayor and Members of the City Council I'ROM: Lloyd V. Harrell, City Manager SUIIJGC T: Consider approval of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Affordable I lousin6 Corporation for an increase in the supply of affordahle housing in the City of Denton, authorizing the expenditure of finds therefore and providing for on effective dole. I R iCOMMENDATION: 'file Community levelopntenl stuff recommends approval. BACKS31iU11ND9 On June 7, 1994, the City Council approved the 1994 Combined Final Statement of Community Development Objectives and Projected Use of Funds and Home Program Description. It included the use of $75,000 in HOME funding by the Denton Affordable l lousing Corporation, The Combined Statement indicated thin $25,000 would be used for oNmiling expenses and $50,000 for approved projects. The program description stated that the organization would have to be certified as a "Community I lousing Development Organization" or "Cl IDO" before any expenditure of ROME; funds. Funding of the DAIIC will also meet the federal requirement that 15% of a jurisdiction's HOME. allocation be set aside for CHDOs. The Denton Affordable I lousing Corporation has hired Janc Provo as executive director. Ms. Provo is working on obtaining CE IDO status from file State of Texas, She is also working on various housing projects. An additional $75,000 has been allocated in '95 ROME funds. A new agreement or an owenchnent to the existing agreement wil I be requested utter final release of '95 funds from IRA). 1 UM MARY: i The ordinance will approve a contract hetween the City of lemon and the Milton Affordable blousing Corporation fair the use of the $75,000. Community Development staff will continun.. to monitor the corporation and the use of I IOME funds for administration and housing , ~ • Report Format Page I • a • programs/projects. PR U AMS. ittPARTURNT OR GROUPS AFFF.'ClIM: Potential Beneficiaries of DAIIC Programs/Projects DAHC Board of Directors and Stall' Community Development Staff City of Denton !lousing Programs FISCAL. IMPACT: Funding provided to DA1IC Is 15% of Denton's 1994 HOME, Housing Partnership Program allocation. Community Ikwoiopment staff will administer the contracts. There will be no impact on the general fund, Submitted by: ~v Lloyd , Harrell City Manager Prepared by. _C - "t✓ Barbara Ross Community Development Administrator Attachments: Copy of Crdinnnec, Contract Copy of Page 9 from 1994 Combined Statement • Report Formot Page 2 i • a • r It.%WPpJCANORO\DAH. O 1+ ~~Qfl Q ..r.~•rw. s.. A$endaltertt.~.._~ _ . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION FOR AN INCREASE IN THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTONI AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORr AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city manager is hereby authorized to execute an Agreement Between the City of Denton and Denton Affordable Houcing Corporation for an increase in the supply of affordable housing in the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION _II, That the expenditure of funds as provided in the Agreement is hereby authorized. ,gECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J per. • BY: C"nub I i1 a.. yL • • ' r • • M '4Qen0aw~ AGREEMENT BETWEEN THE CITY OF DrNTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This Agreement Between the City of Denton and the Denton Affordable Housing Corporation ("Agreement") is made and entered into by and between the City of Denton, a Texas municipal corpora- tion ("CITY"), acting by and through its City Manager, pursuant to ordinance, and the Denton Affordable Housing Corporation, Denton, Texas a not-for.-profit corporation, ("CONTRACTOR"). WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992; WHEREAS, CITY has adopted a budget for such funds and included therein an authorized Program Budget for expenditure of funds for administration cost" and project funding for the Denton Affordable Housing Corporation included as Attachment "B"; WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agree- ment and all matters pertaining theretol and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter de- scribed. I. TERM This Agreement shall commence on or as of June 15, 1995, and shall terminate on June 14, 2005, unless adjusted by the CITY. Request for such an adjustment must be in writing and is to be sub- mitted to the Community Development office. 11. RESPONSIBILITIES A. CONTRACTOR here'>y accepts the responsibility for the per- formance of all services and activities, described in the Work Statement attached hereto as Attachment "A" and incorporated herein as if set forth at length, in accordance with the Program Budget • attached hereto as Attachment "B" and incorporated herein as if set forth at length, in a satisfactory and efficient manner as deter- • • mined by CITY, in accordance with the terms herein. CCNTRACTOR's executive director shall be CONTRACTOR'" representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is -received from CON- TRACTOR, and approved by CITY. All housing projects and programs initiated as described in Attachment "All shall have prior written approval, of the CITY. Requests for approval shall be submitted to the Community Development Office at least 90 days before initiation w +gendaNo of the project or program. B. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. C. CONTRACTOR shall comply with HUD Office of Management and Budget circulars A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment 0. D. CONTRACTOR shall request certification as a "Community Housing Development Organization" (CHDO) from the Texas Department of Housing and Community Affairs within Sixty (60) days after the execution of this Agreement. CONTRACTOR shall obtain CHDO Certi- fication from the State prior to any request for funding pursuant to this Agreement. E. CONTRACTOR shall not change the Program Budget without prior written approval from the CITY. III. CITY'S OBLIGATION A. CITY in accordance with 24 CPR 92.208, Eligible CHDO Operating Expense and Capacity Building Costs, shall provide funds in the amount of $25,000 or less ("Administrative Funds") t:o assist the CONTRACTOR in the administration of the Denton Affordable Housing Corporation. CITY shall provide an additio:ial $50,000 ("Project Funds") for specific housing projects and programs tc be approved by CITY prior to expenditure of Project Funds. B. CONTRACTOR agrees to hold and save harmless the CITY from any and all loss, cost, or damage of every kind, nature or descrip- tion arising under this Agreement. C. CITY shall be responsible for performing an environmental review to insure necessary compliances are met. D. This Agreement and the payments made hereunder are con- tingent upon receipt of U.S. Department of Housing and Urban De- velopment funds pursuant to the HOME Investment Partnership Pro- w gram, and shall terminate immediately, not withstanding the pro- visions of Article XV hereof, should such funds be discontinued for any reason. IV. COMPLIANCE WITH STATE AND LOCAL LAWS e A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the Agreement in compliance with the U,S. , Department of Housing and Urban Development HOME Investment Partnership Program regulations at 24 CPR 92. B. CONTRACTOR shall comply with the uniform administrative requirements, as described in 24 CFR 92.505 in the HOME Investment Partnership Program regulations, a copy of which is attached PAGE 2 20 • w • hereto, AABAdBIIM„~ C. If it is determined that the use of the funding provided by the CITY does not meet the requirements of the U.S, Department of Housing and Urban Development HOME Investment Partnership Pro- gram, the CONTRACTOR shall reimburse the CITY for the costs deter- mined to be disallowed under the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations, V. REPRESENTATIONS A. The CITY is providing funding to the CONTRACTOR in order to promote development of affordable housing. Use of funds for both administration and programming will meet this stated goal. B. The CITY is the only agent authorized to designate changes to the Program Budget or to approve specific projects and programs authorized pursuant to the non-administration portion of the Program Budget. VI. COVaNPNTS A. During the term of this Agreement, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director for Planning & Development or his authorized representative change the use of the funding provided by the CITY unless; (1) The proposed change meets all requirement of the U.S. Department of Housing and Urban Development HOME Invest- ment Partnership Program, and (2; C(.ATRACTOR obtains the prior written consent of CITY'S Executive Director for Planning & Development or his/her authorized representative, i VII. PROGRAM INCOME All fees collected by CONTRACTOR for services are considered jJ • Program Income, and shall be retained by the CONTRACTOR to be used for projects and programs aE previously described. CONTRACTOR shall generate and maintain Fiscal records reflecting the use and disposition of Program Income, VIII. MAINTENANCE OF RECORDS • • A. CONTRACTOR agrees to maintain records that will provide • accurate, current, separate, and complete disclosure of the status of the funds received pursuant to this Agreement and pursuant to any other applicable Federal and/or State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide detailed support and justification for each expenditure. Nothing in this Section PAGE 3 e • _ m • late shall be construed to relieve CONTRACTOR of fiscal accountabiI`Fty and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu•• ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds pursuant to this Agreement for the period of time and under the conditions specified by CITY. C. N-ithing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided pursuant to this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct and is of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data relating to the program requested by said representatives. E. The CONTRACTOR shall give the City of Denton, the U.S. Department of Housing and Urban Development, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files and other papers belonging to or in use by the CONTRACTOR pertaining to this Agreement. Such ricthts to access shall continue as long as the records are retained by the CONTRACTOR. IX. REPORTS AND INF0,.!1 ,TION A. At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Agreement. B. An audit must be conducted in accordance with 24 CFR parts 44 and 45 as applicable. CONTRACTOR shall submit a copy of said audit to the Communitv Development Office within ten days of receipt of the completed r ;ort. X. MONITORING AND EVALUATION • The CITY shall, conduct a performance review of CONTRACTOR on • • an annual basis or as otherwise deemed necessary by the CITY to evaluate compliance with the riovisions of this Agreement as neces- sary in the performance of its duties of program accountability, PAGE 4 • s+ • INSURANCE An insurance policy acceptable to CITY, in CITY'S sole dis- cretion, shall be secured by the CONTRACTOR on an annual basis to cover liability. A copy of this policy shall be submitted to the Community Development Office within 30 days of contract execution and each year thereafter for the ten year contract period. XII. EQUAL OPPORTUNITY During the performance of this Agreement, the CONTRACTOR is subject to Executive order 11246, as amended, and, therefore, agrees to the following; (11 The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial r>tatus. The CONTRACTOR will take affirmative action to ensure that applicants who are employed are treated during employment without regard to their race, color, religion, sex, national origin, or familial status, concerning such employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates (-f pay or their apprenticeship. the CONTRACTOR agrees to post in conspicuous places, available to both employes and applicants for employment, notices to be provided by the CITY setting forth provisions of this nondiscrimina- tion clavoe. (2) The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. XIII. CONFLICT OF INTEREST • Tlie CITY and CONTRACTOR state that to the best of their knowledge no member of the City of Denton, Texas, and no office;-, employee, or agent of said authority who exe:-vises any function )r responsibilities in conne~:-ion with this Agreement has a personal financial interest, direct or indirect, in this Agreement. XIV. ® POLITICAL OR SECTARIAN ACTIVITY • • A. None of the performance rendered hereunder shall involve any political activity (including, but nct limited to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. 1 PAGE 5 e W i f iten Agenda We . B, None of the performance rendered hereunder shall involve or benefit in any, manner any sectarian or religious activity. XV. TNRMINATION A. The CITY shall have the right to terminate this Agree- ment, in whole or in part, at any time whenever the CITY determines that the CONTRACTOR has failed to comply with any term of this Agreement. The CITY shall notify the CONTRACTOR in writing thirty (30) days prior to the date of terma.nat.'on, the effective date of such termination, and in the -ase of partial termination, the portion of the Agreement to be tarminated. Property shall be sub- ject to disposition. B. The CITY shall have the right to Ler;,d nate this Agreement for convenience, in whole or in part, v.-ith the consent of CONTRAC- TOR and when both parttev agree upon the termination conditions, including the effective date and the portion c.o be terminated, C. The CONTRACTOR shall have the right to terminate this Agreement for convenience, in whole or in part, by written noti- ficatiun to the CITY, which shall include •.he reason for such termination, the effective date and the portion to be terminated. If, in tt!e case of a part.;al termination, it is the determination of CITY that the remaining portion of the award is not sufficient to accompl4Rh the project as described in the Work Statement, CITY may require char. the entire grant be terminated. XVI. INDXxN1FICATION } A. It is agreed and understood by the parties that all employees and personnel furnished by the Denton Affordable Housing i Corporation and engaged in the work of the Corporation shall not be deemed employees of the CITY and shall be resptmsible to and under the direction of the CONTRACTOR. B. Cor purposes of this Agreement, all official communisa- tions and notices among the par'.ies shall be deemed made as of the date mailed if sent postage paid to the parties and address set for Y below: TO CITY: TO CONTRACTOR: City Manager Director City of Denton Denton Affordable Rcusii:g Corporation 215 E. McKinney St. ?.00 W. Oak, Suite 208 N Denton, Texas 76201 Denton, Texag 76201 PAGE 6 • . ~ ~ ri ~ ! r , , rat, iy i,~t _IS l ;t t 11'11'! 1~ . ~1,~~ 4 ;•',f~Y~ h. • • 0 k3~f IN WITNESS OF WHICH this Agreement has been execu-E9a"-on t"ir's the day of _ 1995, CITY OF DENTON BY; LLOYD V. HARRELL, CITY MANAGER ATTEST] JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM; MIK2 BUCEK, ACTING CITY ATTORNEY BY; DENTON AFFORDABLE HOUSING CORPORA- TION J~ " PRESIDENT, Linn~e McAdams ATTE T; Jane T.iur a Provo, Exec, erector K\M4DDCS\K1D6NTAPP.K PAGE 7 i:~ L o~A/yJ~e 1 • M Date ATTACHMENT "A" WORKSTATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing in the Denton area. Any of the following activities may be carried outs administration, rehabilitation, acquisition, new construction, tenant-based rental assistance, infrastructure construction related to housing developments and public service programs, Expenditures of City funds for housing projects is limited to projects within the city limits of Denton. DAHC's projects and programs will primarily benefit low and moderate income households. Low and moderate income is defined as households below Sot of the area median income. Most activities will produce income allowing DAHC to pay administrative costs and initiate new projects. • i PAGE 8 0 1, Maki, • e~ • r 9enBaNo ~gentlalterr~,_ ATTACHMENT "B" PROGRAM BUDGET Administration Budget Salaries, FICA, Workero Compensation, Retirement and Health Insurance $ 15,000 Rent and Utilities 7,000 Telephone 20000 office Supplies and Postage 1,000 Total $25,000 Project\program Budget All projects or programs must receive approval from the city of Denton prior to expenditure of funds. All expenditures mist be eligible under 24 CPR 92, HOME Program regulations, $50,000 1 , PAGE 9 • . A' , L i it • ~ij~? ,d•,aS+~~ i~~~~ • GJ • • 1994-95 PROJECT NAME:' AFFORDABLE: HOUSING PROGRAM DENTON AFFORDABLE HOUSING} CORPORATION ~f 4 ACTIVITY New Construction, Reconslmction and/or Rehabilitation Community Housing Development Corporation (CHDO) IMPIX NTING City of Denton Denton Affordable Housing Corporation AOXNCY P111110.1110'1, OW 124 CFR'$701 ITRS Ft)NDIN(i SOURCR/ HOMB $211,812.50 {Includes $81,812,50 match) HOME $25,000 Operating Expenses AMOUNT HOW $50,000 Project Set aside PRO,1F;CT The City of Denton's Community Development Office will The Denton Affordable Housing Corporation, after nRSCRIPTION develop and administer a new Afforda le Homing enrant. certification as e community housing development corporation 11ils program will use city-owned resldentinl properties for by the Stale and City of Denton, will be provided $25,00(1 In i construction, reconsiniction or rehabilllation of single-family operating expenses, Funds will be itsed to pay salaries, rent, housing, Donallon of residential properiles will provide the utilities, and purchase supplies for the organization. The $81,812.50 match required for the HOME program. Denton Affordable Housing Corporation Is a new Additional consintellon funds may be required from other lorganlzatlon. No housing development projects have been public and private nonprofits organlzations, Homes will be proposed. The organization Is currently working to secure sold to low income families. Homes will be sold in market addition funding in order to hire staff, $50,000 has been set value. A subsidy, set up as a deferred forgivable loan and aside to provide housing projeco/programs, Ilia based on houschold income, will be available to ilia family projects/programs will benefit low and very low Income j purchasing Koine. Repayment will to required if residency by households. City staff Is currently assisting the organization the original buyer Is not nmintained during that period. to obtain CHDO certification, request additional • Program Income, realized fit the tittle of sale, will be remmed administration funding find recruit an executive director, City to the program to finance additional consnuction, will continue to assist and to monitor DAHC operations and reconstmetlon or rehabilitation projects as Iho organizations expends HOME; funding. OBJECTIVE.' To increase the mipply of affordable housing within the city, 'to Increase the suppty of affordable housing within the city, 1. LOCATION City-wide To be determined. IIF)NEVIT I(x)% benefit to low rind moderate Income families ',t least 51% benefit to low and moderate Income families. irlondaltArri.,......_...,..,.,....,.,.... 1 Mi Page 9 of 10 I" MJTI~T CITY` COUNCIL 1 A' p1 p~pf ~ p C •~Job t ~4r` r}A i1 C • • =Y COUNCIL REPORT FORMAT AP1 / DATE: August 1, 1995 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Authorize City Manager to executs plat on behalf of City RFCO ENPATIONL Engineering & Transportation Department recommends approval SUMMARY/BACKOROUNDi Fire Station 44, Kings Row and Sherman Drive, along with an adjacent lot owned by Jose and Suzy Luna has recently been platted in order for the Lunas to obtain a building permit for a house The two tracts were once one large tract, which was subsequently subdivided when the Fire Station tract was purchased by the City in 1963, The recent platting of the Fire Station H4, Lots 1 and 2, Block 1 remedies the platting requirements that have been in effect since 1960, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTM Engineering & Transportation Department, Jose and Suzy Luna, owners of Lot 2. FISCAL IMPACT: None RESPEC FULLY SUBMITTED: L c~yd V. acre 11 City Manager • Prepared' Jby: Lei .d.~yt Pau Williamson Engineering Tech II Approved: • • r Jertt Y S DirL#ctor\ak Engines ng & Transportation i AEE004DB 0 • _ as • tireatm.ord r +11 B"Y ~ 11 v"1.y~'~.a~.ti.~www.aey I~fl ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANA02R OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNERS' CERTIFICATE OF A FINAL PLAT OF LOT 1 OF THE FIRE STATION 4 ADDITIONS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the City Manager is authorized to act on behalf of the City of Denton in executing the owners' certificate of a final plat of Lot 1 of the Fire Station 4 Addition, a copy of which final plat is attached hereto and made a part hereof. SAN II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTESTo JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FCRMt HERBERT L. PROUTY, CIT`. ATTORNEY 0 r • 1- la • • Lacollon Map l" • 2000' MoOrookln Survey Abtlraot N0. 91Y .fr/1/1,I14h1•e~•reb~relUle l• • col / ID r/MII 1}1f M OIN 41 10' 00 40 + LO Acr1 L ~ dT 2 M 1~ 0. O Aare - ~ ~ ~r K I b POW » ex, a /1NN % R Ir aN NtMI a ul/ / 41 1110 AM flNl /L Ml IN f rrr NI. MM Olt ly LM 1 L04 let 1 let 1 lnl t _ "~1°~"r` C ter Sw No" KOVER EU atVIEION % pbtte at NO. 74 Kock, • ~ ~ r,a,e. Leane A►reovla Iv. • 1 D • P010 co"I Poll 1.N, • 14 Iyk owl i N *W* I/AMI YI (1~1 rti `M11.1/M 4Af["`°' PON •S1 o r IM s wM) tiff . rIRw11p (MEA11}11 OhIN f Iltim UP • Sol ~ rM 1M o MI" iNN "eel el d 0Ntw T11N MI/I U t. • o.Ty 9 w i FINAL aa.aT j CITY OF DENT 0 N FRt~ANtD ~Yl FIRE $TATION 04 ADDITION ItWINEERINOI1008PORTATION DEPARTMENT MUNICIPAL BUILDINO r.KR, w Jun/:o, lase Lofl i a J2, Moak i D E N T O N, TEXAS 76201 w~yl A,e,l, ~M11 l 04 t city ON c111Rly 0 DIRt1/1 t/t/1 • e • , HELD NOTES ONNER'S CERTIFICATE ALL rASI WMM ill. 1411, N memo 1! MM eMIN M RN 1. 0I01fA" TNllt/dot 11101 ALL In IT "441Mt#0"11 tit llAtt or ?CNAI 1 1 INN" A•Of sell 14 IUe I.CVW sorer 4•014 OIM«, cosio 11111 000111T or 0IN10N 1 1e/ ot14 NN NIM limp " IIM1ftA It /mO10M ~t I~l ) L= Ca "M M R" M/ O0 1owft A 11001010" N MM MA1t of TLN 2Lt* 1" egtlM 11#W1 wollN w WOO" 441, Pilot AN Is 11111 NM IIN Ito M 11" L LMI 601 Y1N, M0M LOO N 10044110"1 IM SIN test MlfPrltl WOO 1NMOM1111111111 ml, M , ANNA N Is 10 emalfr. i"N "A INI ley IM 1441 limp so ""OW lN1 A101M NSIIIMMj01M AINM NIM IrMI N IM iAt 1st,," /1 INS It Moe 1. L"1. It IM tl y N /10110 L1t/ 1MtrM 14411010 L9f010 C1, tte0lll w Y44OM LO I ! M! L M IMMA N IM "I MN CMII N DMIM, IN, Iy1 010, 0 R OCT. of It1t omm"ll Of W4 Host twom of Steps tees Ill most wal MONI" 11110 Appose "t Iesw, IM /N NOM 04400111 LM10 CI. 1,441 1 10 1 0 1 0~tel C04,wOAMI "o r1111•tl•NA1 MA !1/1010101 N 04" MfAM 1601"1 le V1Mr1141, /e" 140, 0.k 04~ ..IM 101 hM 0 111 10101 ANNI,'A MA IN 101 11111 N vital emp Site 0 Nits Rf 001A1dJ, RNIIIwIOM t, ItIN t. LwtrNN1N N TM C01 H DM!", iMM W oleopes p. 74, 110 Nest "I 1e I401•If ANr"M It 111t1e M/ CNr111N"L40rt1:-!^l2• 0r IT KOMMN N 11 wM 0111 INI !NI !6004 M IM wtA"N rlow so Lltll V, Nrttl, CII/ Alsoiffe LwM Nall S. 110100110 100.10110 M 04" or rotes w CNIMI A, 1011 to, tae Ote41, low" C140011. 161"1 In STATE or 111A1 I Infect Al "110 M' 00' 0"1 ill" IM w1A M to 11" 1101111 Sr J1N . LiIrnt COtAIiY M KM/0N 1 04i"al 1100.411"1 Of s 1/0 W ION $A 111 A, en e"1r I•!• AN II too loops WINO" 10, not 1111! 144 MIM4) 4101 t Ties 100101000 eta INNO1410 11101 n.1 M rum IL =`tL , I"soNNM 0' !'00' 0"4 AIM left MIW/ H test STAR OF ?"Al I INI If Nit t Len. 1010 1N111"t~eol of llr111 ta11f1"l COUNTY 01 OINt ON 1 Qr twwt I" N' 11' 101 1110 101 wM No so It" ImNNA 1 Of 0"Ml 111 MMWMI WOO M M {1!100 hPA,•oh 00/fN IM title of iNN 1010010 L~ t1. Ip"I 1100100 N 101.01 INI 11 M 1' MI N 04 IN IA Lot"! Y, eerM, 001 WM w IM"1 low 11 104 tone 14 HMMM L►M" C~p limp w 101 , M/ t":n:011" tte lm: -1-22. A 9 "e" to$l te1NCt 0MA OM le 00' 001 010 IN1 INI 1111 If let /moil," 0111tNA !Mort some, N eta !e !M "M a Tsp to L"*41 Ct IMP 4 01000 11 IN1110 It Ike 110/11 01 It111om ON tMi 1 "tot 11 Mel, 11 MIM oNT Nt1 M 110101101 eMAw IM for CMpolow tINIm1. NMNI 1'PIN 01.19t (NMf'1 IINL 40,1,1 1 ell Nrm" 11 L/N Net. NOW, I"tMI00t. ANOt ALL Mtn IY two It IN UNTS, 44 Ot" • "ill k I it I"Ml fell AMA OM ot,$"rr$1 iF" N NI~N 10101//110 tae ♦60N me fMl IM 111 11" 1104 IAlte ww evil 011111 O04N 101 otlMrimoo Joy C. OtNn 4w Pet 11100Ntfl1N"0 LM 10 IAnAN 1111 AI0 OYtO 0Y • FINAL PLAT CITY OF DEN ? 0 N Plf!'Allt~ AYI FIRE STATION 04 ADDITION MUNiCII~AL BUILe71N0 ENOINEERINO/TRANSPORTATION DEPARTMENT L0l1 i a 21 Bleed i DENTON, TEXAS 76201 n°iiltItay'ifiiiee'e9e° 11{4 «+ic«Inlr.ro/nl/t,r111a J 'i- °jJ~ 1+ 1;ry YtZf C ITX COUNCIL c NA 0 4 • • f • w CITY COUNCIL AGINDA ITZ1 T0: KAYJR AND NSNN88R8 OF T88 CITY COUNCIL FROM Lloyd V. Harrell, City Mnuager SUBJNCTe CON8IDZR APPROVAL OF COM18I0N OF DRIIAM BILLING FROM KN TO KVA FOR WSW GURRAL BRRVICE LARON CUBT0NNR8. RECONN,3ti'DATION i staff recommends adoption of a revised electric utility rate ordinance schedule General Service Large (GSL) converting demand billing to kilovolt amperes (kva) in lieu of the present kilowatt (kw) demand plus a power factor penalty (attachment 1). The WA demand billing approach is recommended over the current power factor penalty. Staff also recommends the Public Utility Board support the purchase of kVA meters needed to institute the program, SUNNARYS in an electric system the power required to magnetize electric motors is called volt amperes reactive and is measured in 1,000 units (kilo) i.e, kvar. Power that is used to turn electric motors or power a light bulb is called watts which is volts multiplied by amperes and is also measured in 1,000 unite i.e. kilowatts (kw). Denton Electric Utility bills for energy which is power multiplied by the hours that power was required i.e. kilowatt hours (kwh), Reactive power (kvar) requires power as well but Denton Electric does not presently charge for kvar units used, rather we have established a penalty for poor power factor. The energy generated at our power plants is in kilovolt amperes or kva. This kva can be used air either kilowatt (kw) or kilovolt reactive (kvar) power. Power factor is a measure of how effectively electrical power is used. The more effectively electrical power is used, the higher the power fact 1 • 0 0 c.• i Power factor Of) In the ratio of the actual (active} power and total consusted (apparent) power. Pf w kW/kVA Power is represented mathematically by the "power triangle" 90% Pawllr facto! 10% PIM01 VACt411 041114nNa. NAlev 5c^~ull ( ,c}~ kill NW IinityO IIIIWttl) kW trlclivo lwworl.. NI~.W n;.. urW rw... aFw nl Fw MAnw,A"Aw n+1.rMe..Aw+vA r. ld (MOW. bM Fw'.*' al m+rA~ I'n 1.MM Fl l.11VA iM1 ~ M!1 OOl. kWmactive power Moapparert power kvarareactive power a var equals one volt ampere of reactive power. Cnpncitorv nro nrr arracLivv wny to Corrocl, power fncLor problclnu. Capllc.l l.to•Ir tit oro I onct,ivo power (Ind pnuu it. back and forth 6o t lnlctl par eacood boawaoo Lha motor and they cttpneAtor. Capfie toru mike It poetuiblo to provida (AW nacaulttlry ranCLivn gowtlr with fowrr kvtt from tarn tICAJILy. RACRUROMM I RRCO'1' (hlactrir ItoIIabtIIt.y CouuclI or 'I'oxnn) h 9MPfl ('J'exnu Mtnricipal Power Pool) govorro tho ti-nnnml flu [oil of Denton I F) aloctricity, Unt.i1 rocol,t.ly thaea govar9niliq bodies wara rttiuly f.orgivin11 concorniog kvnr unngn rind itn affacL oil Lila 0vu14'nIJ t.171IMMluololl dr:id. Tho compaeit.lva mnrkat nrrd Cho advitim. of wholonnIo whotil.Ili( I Mild the ctltrtiouad throtcL of rntnI I whooli.nq linva rorcod thor4o ilovarliing orcInIlAzalAollo to rnquiro ntr'1Ct: ndhcrolica to guldal illoll HIM. woro proviouuly vary Loadaly aorol'vod. ft I.L t.iarl n11IS t. L.itlhl.ou Lhalr opornt.iourl to control CooLrt and Lo morn ` nccurnto.ty Al Iovtlto coutu to nurvivo Ill thn comiaotit-Ave) i Cnv I rontnouL . • Station Capauitorlll 'rho City or Uolitorr gancarttt.etr vnro when I:hc nyetem otu:pItL in ,ing(JJ11111 duo Lo poor' power factoru, 11iin IF) Ili rosponfie to URCO'1' gtaidel.incta which regnant. that wa not hand oe Jag mars than 2 magnvnre, This roraoltu in ndditlonnl gn1mrtttloo costs told/or addlt.ione.l enpnCiLor" to componuoto rot, VAR dof ltdonc,y. BtnLioar CnpaCitot'e Cost; npproxinrnta.ly (9 10/kvnr and yyrrL.am Cnpnoleora cast approximately A 0 ;2/kvnr. No etnt:lcun cal,nr.lt.orli would bo rlnr.ausary to correct. our currant vnt doriclanclou, A 69 kv 20 mogavnt, et.Mtlort CapMCitol, MI: Lho Nponcer Min 611 kv Mitt nod nn nddil:lcmeil 69 kv, 10 uleglnvnr stnt..t011 CnpnciLot, Mt. DvIltoo North I'utorchnnge would CCUt: npproximntely 141241,000 ranch for it 1coVAl of #482,000, 2 ♦ geAAsNv Systa:y- fspaaitorst btP....._..._._ The Blect:ic Utility budgets approximately $30,000 annually for system capacitors. We are currently purchasing ten 1.2 Megavar system capacitors. Last year at our peak (6/27/94 202 Megawatts) our system was lagging 40 megavars and we were contributing 14 - 15.5 of those megavars from our substations. The average lag over the 24 hour peak day was 16 megavars. The estimated average annual lag is approximately 17.4 megavars (assuming a 90.14 power factor and an average load of 90MW). The annual cost co supply vars would be approximately $305,000. In addition t,-, the pro.'~iction cost of the additional kva there is the value ;c nearly 5,650 kva of our capacity which is used to service the lag at peak. We are not currently charging customers for the use of vars even though they represent approximately 2k of the energy we produce and represent 8-124 of the enorgy used for many of the larger industrial customers. The continued demand for vars will require large capital expenses for capacitors, Customer power factor correction can help us to avoid these large capital expenditures for capacitors. It will also lengthen the time frame before additional capacity is needed. Many utilities throughout the country are converting to kva billing in an effort to be more competitive, The conversion to kva billing encourages customers to take responsibility for their systems and can also improve operating efficiencies for both the customer and the utility, PROGRAM, DBPARTMMS, OR GROUPS AFFXCTBDa The Electric rates have included a power factor penalty clause for many years. It was recommended to the Public Utility Board last year that this penalty be enforced to control costs and accurately allocate costs to customers with poor power factors, Changes to the City's existing computer billing system to accommodate the power factor penalty calculation were estimated to be quite costly. An alternative to the complicated formula was to bill on kVA demand at a rate equivalent to the power factor penalty, The kVA approach rewards customers with power factors above 904 who will actually see a decrease in their demand costs. Some of the advantages to ♦ the KVA demand billing approach are outlined belowt 1) The k" approach provides a positive reinforcement to customers above 904 power factor as well as assessing charges to customers with power factors below 904. The additional expense to those below 904 will be the same as the power factor penalty calculation, ® 2) The kVA a r pproach can be accommodated by the City's current computer billing system. The power factor penalty approach would require expensive programming changes, 3 ♦ 0 , a • r agendalfarq,,.,,, late 3) The kVA approach assesses customers a price per unit of demand consumed, the unit has changed from kW to kVA, but this approach avoids the use of a "penalty" and may be more palatable Lo customerso. KVA billing would affect all General Service Large (GSL) customers. The Electric Utility would like to begin using the kVA approach for demand billing October 1, 1995. This would requiro City Council approval of an amended General Service Large (GSL) Electric rate and the purchase of kVA meters. BiSCAL IBPACTs The Electric Utility rate revenue impact from this conversion will depend upon the customer's diligence in correcting poor power factors. If poor power factors are not corrected the utility will see increased demand revenue. This revenue will offset the utilities cost for capacitor banks to correct the detrimental effects of poor power factor on the distribution/transmission system. If customers do correct their power factors above 90k there will be a reduction in demand revenue but it will be offset by reduced production costs, reduced capital costs for capacitors, and increased system capacity. The cost for kVA meters will be approximately $46,125 vs the previously planned power factor meters which were to cost $61,500. Rasp fully s bmitt d Lloyd V. Harrell City Manager Prepared By, Jim H er, D actor of Electric Utilities • Approved By, E. Nelson, Executive D rector of Utilities . 4 _ w gendaNo.y CONVERSION OF ELECTRIC ITT LITY RATB*da!(ertt TO KVA DEMAND BILLING 1~10 Denton Electric utility staff recommends conversion of demand billing for Industrial customers from kW basis to kVA basis in an effort to account for power factor problems. JMT 19 POWNR FACTOR Power factor is a measure of how effectively electrical power is used. The more effectively electrical power is used, the higher the power factor. Loads on an electrical distribution system are of three typesi Resistive load Inductive load Capacitive load Inductive load is responsible for power factor concerns. Examples of inductive load include transformers, fluorescent lighting and AC inductive motors. Inductive loads utilize windings to operate. Thiel winding produces an electromagnetic field which allows the load to function and requires a certain amount of electrical power to maintain this electromagnetic field. All inductive loads require '.;wo kinds of power to tunctionr o Active Power (kW) - ActuvA ly performs the work. o Reactive Power (kvar; - Sustains the electromagnetic field. The combination of reactive onu active power is the #pparent power (kVA). Active power performs the useful work. Reactive power does not. It's only function is to develop magnetic fields required by inductive loads. Power factor (Pf) is the ratio of the actual (active) power and total consumed (apparent) power. Pf " kW/kVA Power is represented mathematically by the "power triangle" W16 Power F6Wr 70% Power Fedor 0 ~p ,~M.yh ,gyp lo! K~r M (edlvve powef) AAA rw kw (ACM po%" yAwrtlw A /VIM FMM . WAVA » . I eaWnvautinw w rev viw a woo J Jr /kMW M M AVA nW a MMMM~ kM.active power kVA.apparent power kvar■reaotive power a var equals one volt ampere of reactive power. 5 i~ 9 pR~ ~1 r • • ~pQrtdaNo ktd THE EFFECTS OF POOR POWER FACTOR As the demand for reactive power (kvar) increases from the customer the vector representlag kVA lengthens to reach the kvar requirement and subsequently the angle between kW and kVA increases. This is represented mathematically by the ratio between the active power vector (kW) and the apparent power vector (M) which is called power factor. As power factor drops power is used less effectively, therefore more current is required to handle the same load (active power/kW). This increased demand for current from the utility increases costs to all customers since it is currently not measured or attributed to the customer. When low power factor is not corrected, the utility must provide the nonworking reactive power (kvar) in addition to the working active power. This results in the use of larger generators, capacitors, bus bars, wires, and other distribution system equipment that otherwise would not be necessary. As the electric utility's capital expenditures and operating costs rise to meet this need the expenses will be passed to those customers with poor power facto The Electric Reliability Council of Texas (ERCOT) governs the transmission of power in the state of Texas. ERCOT requests that utilities maintain the power leaving their systems at not more than 2 megavars. Last summer Denton Electric Utility experienced a substantial shortage of ears (reactive power). On the peak day 6/27/94 reports show that Denton's system was 15.5 megavars lagging or short at peak. all the utility's capacitors were operating yet, at peak, could not accommodate the demand for ears in our system. ERGOT has requested that power plants generate addition power to bring the vary up to an acceptable level. The expense for this generation is not currently billed directly to our customers but is assigned to general production costs and allocated back through all rate classes. TMPA has requested that its member cities be more responsible in the future concerning var production. Attachment 2 references a memo from TMPA which outlines their recommendations for the Denton system. • NEAT 28 BSINO DONE The Denton Electric Utility has been aware of power factor problems for many years. Customers have been receiving notification and assistance from the city concerning power factor issues since October 1993. Visits were made to customers in late 1993 and • early 1994 and a formal letter was sent to each Industrial (GSL) • • customer in the Fall of 1994 stating the City's intention to begin enforcing the power factor penalty October 1, 1995. 6 s 0 ~gendaNo._ - 3geadalterg..,. Many of the system's largess. customers with poor power factors have been identified and some have already taken corrective action. Trinity industries was told of their very low power factor in 1993 and began immediately to rectify the situation, by early 1995 they had corrected their 58% power factor to 974. Trinity Industries has an average load of approximately 750 kW, the power factor correction decreaseo the kva required from our system by an average of approximately 520 }-.va. Trinity industries was reported to have spent approximately $5,000 for the 742 kvar project. Trinity Industries is by far the most dramatic case but many of our customers who were notified of poor power factors have already begun to correct the problem. Many are working with the Electric Utility's Power Quality Committee to identify the source of power factor problems and take corrective action in advance of penalty implementation, Below is a short list of customers currently working to correct their power factor problemst Jagoe Construction (completed 380 kvar project - approx. $17,688) UNT Georgia Pacific Safety Kleen Jostens Acme Power Quality Committee The Power Quality Committee was established by the Electric Utility Director and is comprised of representatives of all the utility's major disciplines. The committee works as a cohesive unit bringing expertise from six functional areas to create a complete package of information. The information includes the customer's electric usage and power quality data and educational materials e. ping power factor correction. The committee is available to :'asist customers with any questions or concerns they may have. The committee has suggested an educational seminar for all Industrial (GSL) customers to explain power factor and possible corrective measures, I The previous power factor correction proposal brought to the Public 0 Utility Board was to bill Industrial customers based on a penalty formula which has been part of the City Council approved rate ordinances for many years. The formula found in all City Council approved electric utility rates, containing demand billing, is as follows, 1 For a customer whose power factor is below 904, the 0 measured kW demand is multiplied by the minimum allowable i i power factor of 901x. This is divided by the measured power factor to yield a resulting new billed kW demand. 7 • O "r iii. • w • AgantlaltaoL..,..~..,4,. KVA Demand Billing Proposal Date The Power Quality Committee has developed a revised proposal to bill customers for kVA demand used instead of kW demand and the penalty. Billing for kVA is in essence the same as assessing a "power factor penalty" in that the utility charges the customer for the total consumed (apparent) power, M. In order to determine the rate for each unit of kVA staff began with the premise that the City requires a minimum power factor of 90* to avoid a penalty calculation. The modifier between kW and kVA at the 90k power factor level is 1.11 derived by the formula: pf kW/kVA 9091 power factor 1kW/xkVA solve for x .90 * x e (1kW/xkVA) * x .90x a 1 x - 1/.90 or 1.11 kVA A customer would use 1.11 times more kVA at 90W power factor than kW therefore the rate per unit for kVA must be reduced from that for kW to yield the same bill. In order for a customer to receive the same billed amount for kVA demand as they would for kW demand at 90W power factor, the kW rate would be divided by the modifier 1.1.1. For example if the demand is $9.60/kW the equivalent rate would be $8.64/kVA to achieve the same bill at 90% power factor. Benefits of KVA Approach Currently a customer with a 9091 power factor pays the same as a customer with a 95% power factor. The conversion to kVA will provide a savings to those customers with power factors over 90%. The kVA approach will also eliminate the need for tracking two pieces of information, the active power (k.W demand) and the ratio of this active power to the apparent power (power factor). The kVA • measurement or apparent power provides the key information for both the utility and the customer, Below are examples outlining the procedure in detail. Example of Previously proposed power factor penalty approaahs A GSL customer whose demand is currently 100 kW and whose power • factor (pf) is 7091 will pay as follows: Step 1 n 100kW * 90*(minimum pf)-90kW 90kW/70$ (measured pf)m128.5 kW * $9.60- $2,234.30 8 • GO • Example of Currently proposed kVA approaehe The proposed kVA approach to billing demand would be based on the minimum 904 pf as a basis for the modifier from kW billing. The demand rate per kW would be divided by 1.11 to arrive at the new kVA rate and the equivalent cost to the customer. This would result in savings to customers with power factors above 908 and the same increase to those below 908 as was to be expected through the kW and power factor penalty approach. Example Is A GSL customer whose demand is currently 100 kW and a 904 pf will convert to 111.11 kVA (100kW/908-111.11M) Currently GSL customers are billed $9.60/kW $9.60 * 100 - $960 The kVA rate is determined as follows: $9.60/1.11- $8.64/kVA 111.llkVA * $8.A/kVA- $960.00 Example 2s A GSL customer whose demand is currently 100 kW with a 958 pf will have 105.3 kVA (100/.95-105.3kVA) 105.3 * $8.64 - $909.50 A savings of $50.50 from the current rate. Example 3: A GSL customer whose demand is currently 100 kW with a 704 pf will have 142.9 kVA (100/.70.142.9kVA) 142.9 * $8.64 - $1,234.30 The kW and power factor penalty approach yields the same increase of $274.30. Positive Results for the Utility and the Customer kVA billing can have a positive impact on the utility and its customers. The objective of kVA billing is to encourage customers to take responsibility for their facilities. If the desired result is achieved, improved power factors, the utility can expect to see reduced capital costs for distribution equipment and reduced operating costs for production. The customers can expect to see improved operating efficiency for motors in their plants and quite possibly lower bills. Ramifications o! kVA Billing • If customers do not respond to kVA billing the utility will continue to see a shortage of ears on the system overall and will be required by ERCOT and subsequently TMPA to generate these megavars to sustain a minimum allowable power quality. If customers with poor power factors do not respond to kVA billing they will see substantially higher bills. The dollars will be used • by the utility to offset the capital and operating costs attributed • • to the occurrence of poor power factors instead of passing these costa to all rate payers across the board. 9 • • Vsn6No . 4Qendal~, Reoommendat ions rift Amend Electric Utility Rate Ordinance and implement kVA demand billing October 1, 1995 and involve the current General Service Large (GSL) customers, who comprise approximately 75 accounts. The capital conversion costs will be approximately $46,125 vs the $61,500 planned for power factor meters, This proposal results in a savings of $15,375, Conclusions Cuotomers who have taken proactive steps towards assisting their public utility system will see a benefit from the kVA approach to demand billing. The current power factor penalty calculation provides no incentive to customers who improve their power factors above 904 but the kVA approach, in essence, rewaru- customers with healthy power factors above 90k through a lower demand bill. KVA Billing is not a new technique, KVA demand billing has been successfully implemented in numerous utilities across the country, • I 10 • - • apt' ' r ~ r ` _ r i k is ~ e~ 1~YY3"T df X44°~~ t7 ~~11', 0 } i +.t. FIC 'JS `ANC'E kMEATr.. iN k KIP", ON I_ -IE Or F.::'ikliA't. CATL 1' V'k1h'£W :!i IXIJ4:1 NC , i4-:61 B'S AMEN7':N3 SLfiEt)LZE 3 'fiRl1I SEP:V2 'E Lk?,GE ESL" T: C:6%7ER: FR,-W, TIME PRES 7, F11_N')WAT^ ti'M"1 :.'EOIAN-' T: F.: 14110:: AM-Mss DEMAAM RILLINQ; Pk7k,ID114S FUR A SE"kUkSEIi.I, CiA' SS, PW'% :)M3 :POR A SA1'M3S :IAI.SE; MM PY', VIDING FOR AN EFFE'CTII's sZ.AT WArPLAS, the City Counc.ll has determined that a convei-A cm from the current kilowatt ("kKI) demand billing to kilovolt amperes !'Y.VA"? tilling has a numLer of advantages, including: 1. The Y.1rA approach provides a positive reinforartmont to customers above 90t power factor, as well as assessing charges to customers with power factors below 904. The additional expense to those below 90t will be the same as the powder factor penalty calculation; and 2. The kVA approach can be accommodated by the City's current computer billing system, whereas the power factor penalty approach would require expensive programming changes; and 3. The kVA approach assesses customers a price per unit, of the demand consumed, the unit has changed from kW to kVA, but this approach avoids the use of a "penalty" and may be more palatable to customers; and WHEREAS, the City Council has determined that is in the public interest to convert from kW demand billing to kVA demand billing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAIM 0jSTION I, That Ordinance No. 94-162 is hereby amended by amending the schedule of rates for electrical services as provided for in Chapter 26 of the Code of Ordinancea by amending Schedule General Service Large (11GSL11) to read as followss SCIMDULE 08L GENERAL SERVICE LARGE (Effective 10/01/95) The GSL Rate is applicable to any customer having a minimum actual demand of 250 KW or 250 KVA for all electric service supplied at ine point of delivery and measured through one motor, • • E:\WPD0CS\0P1\KVA.0 ftdaNo, late ORDINANCE NO. AN ORDINANCE AMENDING A PORTION OF THE SCHEDULE OF ELECTRICAL RATES CONTAINED IN ORDINANCE NO. 94-162 BY AMENDING SCHEDULE GENERAL SERVICE LARGE ("GSL") TO CONVERT FROM THE PRESENT KILOWATT ("KW") DEMAND BIT11NG TO KILOVOLT AMPERES ("KVA") DEMAND BILLING; PROVIDING FOR A SEVERABILITY CLAUSE! PROVIDING FOR A SAVINGS CLAUSE! AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that a conversion from the current kilowatt (11kW11) demand billing to kilovolt amperes ("kVA") billing has a number of advantages, including 1. The kVA approach provides a positive reinforcement to customers above 904 power factor, as well as assessing charges to customers with power factors below 904. The additional expense to those below 904 will be the same as the power factor penalty calculation) and 2. The kVA approach can be accommodated by the City's current computer billing system, whereas the power factor penalty approach would require expensive programming changes! and 3. The kVA approach assesses customers a price per unit of the demand consumed, the unit has changed from kW to kVA, but this approach avoids the use of a "penalty" and may be more palatable to customersl and WHEREAS, the City Council has determined that is in the public interest to convert from kW demand billing to kVA demand bil.lingl NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,P}CTION I. That Ordinance No, 94-162 is hereby amended by amending the schedule of rates for electrical services as provided for in Chapter 26 of the Cude of Ordinances by amending Schedule • General Service Large ("GSL") to read as followai SCHEDULE GOL GENERAL SERVICE LARGE (Effective 10101195) I • AP,pLICATION • • I The GSL Rate is applicable to any customer having a minimum actual 1 demand of 250 KW or 250 KVA for all electric service supplied at { one point of delivery and measured through one meter, 0 r • • r Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. Not applicable to resale service in any event, nor to temporary, standby or supplementary service except in conjunction with applicable rider. NET ONT LY RATE (1) Customer Facility Charge $60.60 pet 30 days (2) Demand Charge $ 8.64 per LU demand/30 days (3) Energy Charge 1.410/KWH for all KWH (4) Energy Cost Adjustment Schedule ECA MINIMUM BILLING An amount equal to the facility charge plus the greater o£; 1) demand charge as calculated on 250 KVA, or 2) seventy percent (70%) of the maximum monthly kW demand for any month during the preceding months of May through October billed at the kva rate, TYPE OF SERVICE Secondary or primary service available to commercial and indus- trial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. PRIMARY SERVICE DISCO; Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and. all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.34/KWH discount. Primary service customers utilizing City owned and operated facility and transformation equipment necessary to receive primary voltage • service shall receive a discount of 0.14/KWH. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Hills are due when rendered, and become past due if not paid • within 15 calendar days from date of issuance. DETERMINATION OF D M= The demand shall be determined by the &VA supplied during the i I 1 PAGE 2 • m • Venda QlfN 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be lase than 70k of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually and prorated for longer or shorter billing periods using the following formulae Formulae Actual days in reading period x customs facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formulae Actual days in reading period x KVA demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formulae • KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. e • ~ 2,F&TION 11, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court PAGE 3 i J ~Aerb'~ No . a9errdalte,~._.._ Date of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That save and except as amended hereby that all the remaining schedules of rates, sections, sentences, phrases, and paragraphs of ordinance No. 99-162 and of Chapter 26 of the Code of ordinances, shall hereby remain in full force and effect. That the schedule of rates herein adopted shall be effective, charged, and applied to all energy usage occurring on or after October 1, 1995. PASSED AND APPROVED t.5is the day of , 1995. 1308 CASTLEBERRY, YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY C~~1 By l 17 r ' i PAGE 9 l.' ^T.r < CITY CQUNCI] c I taw • - ~s • r n, It+I111;~fJ`,!1 !;i ~411~ ~t~}~ Iii 1111Il~,l11 !1l~4 1},il! liil~ 1 t111.~r ~ ll ~l I !i~llln~ llllt,li 11 11i;~1t~l~ 1~~ ,~~~4 t! 1 % 1114 x610; 1 1 1 111 i~1 11HI111lj4 'ilH:1}1 iolllslEiiW 141 I 1 1. ~ ~ 1 , 11 {1 ,1' 1 ~ is 1,,~ ~ I 1 t tl t 4 , 1. i u (r,{,~ ~,f1~ l1 } i1~ tlsssl }'{.1 i 11 l~ t ti it l{i}~~~~11'1i{} (~i~ikJ4, 1 , f,~~y ,il.Ij111 1t 4l~1 i i i{ S{~~ t11; fR t, R~ ~ ~ 1~ ~ ~14~! 111K1 i1 4{ „ M } 11~{~ihl, ~ 1~~ 4'~t•'i 11~ 1 r,+~ t•~a,415i ~ , 1~1x6~i~i11 ~kil3~ }~r ~ 4", i;lllr, 10 Oil S,A 1-~-•-h1~ ~1l11>L! hlf,~lli~ I'l11•+ V1L, ,1,~~ s,l 11i11i! lii~tl , ;t~+11 ~}tYt9llt ~1~t'i14 ~{a,,„1l1~ lr~t1 y11,.« , 11i ,~l,~141l~U,'{1 J t~1~111~} 1~1, a , !{1 ~ 1 tA~; 1'+'111 1 .r • • GORRECTION i This document has been rephotographed } to assure legibility i 7 i i J OWD0MOR0\D I SH3M ORD oate~l.~2' . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF WILLIAM TRANTHAM AND ASSOCIATES TO REPRESENT THE CITY OF DENTON IN LITIGA- TION PENDING AGAINST THE CITY) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Council of the City of Denton approves the retention of the lawfirm of William Trentham & Associates, to represent W. David Scott, at an hourly fee of $90.00 per hour, in pending litigation styled Kathy Disheroon v. W. David Scott, Lonnie Flemming and Jim Dotson, and authorizes the expenditure of funds therefor. SECTION ~U. That the City Manager is hereby authorized to execute the attached contract with William Trentham and Associates. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of , 1996. BOB CST- LSE , MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY: 0 Y .....-ti.~...._., .---COUNCI =o r - e f Q '1l • r Ji\W000S\0k0\D1SHF&0.0A0 ~Wy ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW F:RM OF WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS$ SECTION 1. That the Council of tha City of Denton approves the retention of the law firm of Wolfe, Clark, Henderson & Tidwell, L.L.P. to represent Lonnie Flemming and James Dotson, at the rate of $105.00 per hour for partners, $90.00 per hour for associates, and $50.00 per hour for paralegals, in pending litigation styled Katbv D sheroon y,_ I;y.Vid Scott. Lonnie Flemming and Jim Dotson, and authorizes the expenditure of funds therefor. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLES ERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY CITY ATTORNEY • BY • 'r i i CITY COUNCIL c f' ~ wr • r o N; ~ ~ ~ ca ~ w • Ji\NPDGC4\ORD\BRENILAN.ORD ` ors. s ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOOD, SPRINGER & LYLE, P.C. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE Or FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSL SECTION I. That the Council of the City of Denton approves the retention of the law firm of Wood, Springer & Lyle, P.C. to represent the City, at the rate of $120.00 per hour and no charge for work done by paralegals, in pending litigation styled Richard and Marvtnn Brentzel, Individual v and on behalf of Pamela Bren el v. City of Denton, Ed GXgen._and Denton Plaza Shopping Center, and authorizes the expenditure of funds therefor. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY { l: CITY COUNCIL c 1" 4~ yr o ~ s • i ~ 0 t 1 ~ 69 f) d • a~ • ugust 1, 19995 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: PROPOSED REVISIONS TO THE TAXICAB ORDINANCE RECOMMESPATION: There is not a staff recommendation associated with this Item. SUMMARY: On July 6, 1996, Bob Stermer, Manager of the Denton Taxi Service, made a presentation to the City Council regarding a rate increase in taxi fares. Attached Is a copy of his written request (see attachment A). His request is attempting to accomplish three specific objectives. The first is to develop a fare structure comparable to the fares in the Dallas/Fort Worth Metroplex. Secondly, he is attempting to discourage passengers from requesting that his cab drivers wait on them for thirty minutes to an hour while they shop or transact other types of business. When his cabs are required to spend an exorbitant amount of time with one customer they are unable to meet the needs of other customers In Denton, Increasing the waiting time fee will discourage this type of activity, Thirdly, he would like to eliminate the current surcharge of fifty cents for any pickup occurring between the hours of 8;00 pm and 6:00 am. To assist in the evaluation of Mr. Stermers request, staff conducted a survey of cities in the metroplex to compare taxi fare rate structures (see attachment B). The survey reveals that Denton's current and proposed taxi rate structures are slightly higher than • the structure in most metroplex cities. In accordance with the directions we received from the City Council on July 26, 1995, we have developed an ordinance which would Implement the rate structure requested by Mr. Stermer (see attachment C). We also discussed the proposed ordinance with the other taxicab firms in our community and all of them support the 0 proposed changes, • 0 ~perrCaNo PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:" ' - None of the City of Denton's departments or programs will be affected by the proposed changes in the taxicab fare ordinance. EISCAL IMPACT: With regard to the City of Denton, there is no fiscal impact associated with the proposed changes. Hespectfu ly submitted: Yg-eLee,,,,~ Lloyd V. Harrell City Manager Prepared by; z/ L Harlan L, Jafferso Director of Fisca i ;rations Approved yy: Kath f3 e Ex ~uutlve Wee, tor of Finance 0 AFFOOEF3 balm • • ATTACHMENT A +DendAND Agenda lterrl, July 2U, 1995 ~fe Mayor Bob Castleberry and City Council 1.:Gmbors Denton City Council 215 East McKinney Denton, Texas 76205 Dear. Mr. Mayor and City Council membersi This letter is to request that the,City Council grant our proposal for taxi rate adjustments as shown Exhibit A. Since the last general rate adjustment in 1990, we have seen a significant increase in the cost of operating cabs and insuring cabs in the City. As Exhibit B.shows, except for "Rent" and "Office Supplies" our cost of operating went up the two years (1992 and 1994) that we were able to track. The proposed rate adjustment would allow us to continue to provide quality cab service to the Denton community and will enable us to maintain a reasonable profit margin. The Increas( in the waiting time fee 'will also discd~•arage passengers frc,n keeping cabs hold in parking for thirty (30) minutes to one (1) hour. A9 a result, cabs can be free to moot public needs. It will also make It a little more fair for drivers who are often made to wait indefinitely under the current rate structure. We are also proposing that the City eliminate the current surcharge of $.50 per passenger from 8100 p.m to 600 a.m. Based on our experience, we think that the life of our drivers are not endangered by our passengers. Thus, the risk that the surcharge compensates for does not exist in Denton. Xn fact, this reduction, would mean a reduction In an average fare for our night and early morning passengers. Sincerely, I Bob St'armer Denton Taxi Service Y • w 0 BXHIBITA SBRVICPS NOW _ NBW INCRBASH 1NITlALPICK UP Y~ 1.30 Ist WO Mile 1 30 1111110 Mao 15.00% EA.ADD, 113071! MIIB 3.13 $.13 0.0096 W AIT71 MP. $.25 per 90 Sm. S30 per 90 Sao. 2am% LIX7RA PASS. $.SO $1.00 100A0% SURCHAROR 330 sam (100,0096) 0:00 p, m-6:OO a.m. • I I I I h C: 123RNVTAXI 95.WK 1 RXIIRIff Il Date"-, l DENTON TAXI SERVIC1. FARE ANALYSIS 1992 1994 DiNTRINCI! % 111111. INCOMII 110,34000 $124,49600 17,15690 I:X I'I! NSI S R20'AIRSIMAINf. $9,663.00 11.10% 1,058.00 10.809f 31,395.00 14.44% 110141, 116,471.00 18.92% $16,518.00 16.19% 5101.00 0.65% INSURANCI7 16,80919 7.82% 110,696.00 10.45% $3.881,00 57.09% RUNT 13,242.00 3.72% $3,220.00 315% ($22.00 -0.6A% 11110NIJU'I21lly 13,325.00 3.87% 33,959.00 J47% 1634.00 19.01% OFFICE SUI'111,110 11,60200 1.64% $970,00 0.95% (163200 49.45% LICI!NCfJ1'1'AMff 3765.00 0.88% $1,17400 1.14% 3405.00 32.94% PROI'1'KIT TAX 384.00 0.44% 52900 0.52% $14500 37.76% AOVIN12SE N'f 2,256.04 2159% 2,299.00 2,25% 34300 1.91% COMMISSION 42,548.00 48.87% 51,900.00 50,69% $9,71290 21.98% 101'Af _ 387,06500 100.00% 110231900 IW lX)% 11513131 I'ROIff!(LOSS) 110,275,00 122,117.00 (18,158.06 46.91% 1. 9RR1N"I' MVIER RA'IT S'M(_IC1'UkH 74DU HIM of I mlle^ 11.30 subwqucm 111041114 1 ml lc a f.11 • J • • aQORdiNO, ATTACHMENT B COMPARISON dP TA7Q _ AND PARS -Irma PARES INIUA&L MST EAADD. -BAADD. WAIT SURCHR MVMU IMPINCOMH SHIFTINCOW CITIES mBm illam 1/107H IMM MSBC. 1pam.A" PASSM40M NIOMAY N10HTIDAY DENTON Cum"IRUa N/A $1.30 50.13 50.21 10.80 5080 SL1.Y3/SIS.t10 5310.DQ'3300.00 Propoad Rua N/A $1.80 $0.13 50.10 10.00 51.00 S17.AI$17.X S318.2A 13.20 DALLAS $1.80 50.30 AM $1.00 SUM U2 /h0 PORTWORTN N/A 50.25 $0.30 51.00 $t0.00 5227.10 IRVINO $3.80 50.30 5030 $1.0D $14.0 5217.10 GRAND PRAIRIE $1.50 $am 10.30 11.00 $14.0 5297.50 MPSQUITB 11,70 1430 10.30 $1.00 SUM 07.10 PIANO $180 50.23 $0.30 SIM S12.4/ $217.10 RICHARDSON No Tai Ordkwom IEMSVLU13 NDToliOrd WW CARROILTO.N: No 7W Ordima ASSUMPTIONS: AVG M US PER TRIP - 10 MItZS (EZnMATE) SHIRT - 20 TRI PS 30 SECONDS WAI7ImmAPPIC DELAY PER MILE 8 EXTRA PASSENGERS PEA SHIFT NaM: DALLAS sad I RVING dAW w rs tea for trips to sod from %o slrporu of $30. • I i d R • s `Hevocs~oao\znwt.v ATTACHMENT C ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS OF CHAPTER 27 ("VEHICLES FOR HIRE") OF THE CODE OF ORDINANCES AND ORDINANCES NO. 84-102 AND 90-180 TO PROVIDE FOR RATES TO BE CHARGED AS FARES; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ANY ORDINANCE IN CONFLICT HEREWITHI PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Council has determined that it is in the public interest to increase the rates of fares for taxicabs licensed in accordance with Chapter 27 of the Code of Ordinances and to make other changes as herein indicated in Chapter 27; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That; in accordance with Section 27-75 of the Code of Ordinances and Ordinances No. 84-102 and 90-180 are amended to read as follows: Sea. 27-75. Taximeters; rates to be charged. All fares shall be determined by a taximeter installed in each taxicab and a driver shall charge only a fee as computed by such meter. Every taximeter so installed shall be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if manipulated, could affect the function or accuracy of the taximeter. A driver shall not charge a fare for operating a taxicab in the city that is inconsistent with the following established rates: (a) Passengers will be charged, as determined by the taxi meter, a minimum fare of one dollar and fifty cents ($1.50) for the • first 1/10 mile, For each additional 1/10 mile from the point of pickup to the point of destination, the mileage rate charge shall be based upon the price of fuel paid by the taxi company, as follows: Mileage Rate Gasoline Price (gharcre per 1Y10 mile. • $0.60 - 0,80 $0.10 0.81 - 1,00 0.11 • R 1,01 - 1.20 0.12 1.21 - 1.40 0.13 1.41 - 1,60 n.14 1.61 - 1.80 (1115 1.81 - 2.00 0.16 0 0 • • s ATTACHMENT C ~Q09aIV0 . (continued) 4g9adalt&t,.,_,.,,.,,,,,,,,,,,_ . Date. Any change in the mileage rate charged must first be autho- rized by the City Manager or his designee in writing, The City Manager shall authorize a mileage rate change based on receipts showing the taxi company purchased gasoline for thirty consecutive days at a cost that would require a change in mileage rates. Each owner shall maintain records showing the price paid for gasoline for a period of sixty days from the date of purchase and shall make the records available for inspection by the City upon request during normal business hours. (b) An extra charge of one dollar ($1.00) will be charged for each additional passenger. (c) Passengers will be charged as determined by the taximeter I a fare of thirty cents ($0.30) for each ninety (90) seconds of waiting time or traffic delay, SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V, That save and except as amended hereby, all remaining sections and provisions of ordinance No. d9-102 and Chapter 27 of the Code of ordinances shall remain in full force and effect except that all ordinances or parts of ordinances in force when the prorni.sions of this ordinance became effective which are inconsistent ar in conflict with the terms or provisions contained in this ordinance are hereby repealed, but only to the extent of • surh conflict. SEC N VI, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the • date of its passage. • • PAGE 2 A A I ATTACHMENT C (continued) Date PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: A PAGE 3 ® S;+ b. 0 d " CITY COUNCIL t 4 c a e~w u to s f 4 0 f9 /7 `to Mf 1~ " r; A • AQMN0 CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DEN TON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager I CITY COUNCIL REPORT TJt Mayor and Members of the City Council FRONt Lloyd V. Harrell, City Manager DATEt August 1, 1995 SUBJECTi Ordinance Providing For a Temporary No Parking Zone on Various Streets Around the North Texas Fairgrounds from August 18 - 26, 1995, BACKGROUNDt In preparation for this year's North Texas State Fair and Rodeo, Staff has prepared an ordinance that provides for temporary no parking zones on various streets around the North Texas State Fairgrounds. The proposed no parking zones were approved by Council in 1993 and 1999 to minimize congestion, noise and other nuisances associated with the Fair. Staff feels approval of the ordinance will benefit the area residents, mitigate potential congestion, as well as assist the Police Department in maintaining orderly traffic flow during the event. The proposed no parking zones for August 18 - 26, 1995, include the following streetei Both sides of Carroll, From Fain to Headleel West side of Denison, from University to Sherman) East side of Denison, from Sherman to Headleel • West side of Bolivar, from Sherman to Fain; South side of Ross, from Carroll to Bolivar; North side of Fain, from Carroll to Bolivar; North side of Strata, from Carroll to Mesquite. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTEDi The North Texas State Fair Association, citizens and visitors • 4 attending the Fair, and area residents. 'Dedicated to Quality Service" a • ~gMdANo. FISCAL IMPACT: Rate None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, 01 Loy V. 'Harrell City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved Byr peep Portugal Assistant to the Cit onager • • ~rq 0 • • Agendaltem., _ MAP 23 Date SEE MAP 13 RV CCIO. ALLI[ " Aso p Ot 03 64 'rB v0 C y' N NWTVMD WINDSOR 06 Cwu►" SAL ry ' W n ~ ~ CORQWIMT WAKn z 07 Do (V x ' S I W f lL H D L N I W LLJ n • ~ IN T R ~ 03 } I ~ w 04 • HWY. 380 R w- J X VCSTVAY ~i! [-rlm r • • o:%CARROLL.o ~AandaNa.~ _ . On le ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITk FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSEC- TION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 18, 1995 THROUGH AUGUST 26, 1995; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That from August 18, 1995 through August 26, 1995, when signs are erected giving notice thereof, parking shall be pro- hibited upon the following streets or portions thereof, in the City of Denton to-wit: Both sides of Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street; The west side of Denison Street from its intersection with University Drive to its intersection with Sherman Drivel The east side of Denison street from its intersection with Sherman Drive to its intersection with Headlee Street; The west side of Bolivar Street from its intersection with • Sherman Drive to its intersection with Fain Street] The south side of Rose Street from its intersection with Carroll Boulevard to its intersection with Bolivar Streets The north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street; and • The north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street. SECTI(;?, That the portions of the above-described streets designate(' as temporary no parking shall revert back to the parking r~ • +g,nd[No.~..._.........1- regulations immediately from and after the closing of the North Texas State Fair and Rodeo on August 26, 1995. SECTION III. That if any section, oubsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not a`fect the val- idity of the remaining portions of this ordinance and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such i::validity. SECTION IV. Any person who shall violate a prevision of this ordnance, or fails to comply therewith or with any of the re- quirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200,00), Each such person shall be deemed guilty of a separate offense for each and every day or por- tion thereof during which any violation of this ordinance is com- mitted, or continued, and upon conviction of any such violations such person shall be punished within the li.mlts above, FECTION V. That thi.3 ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT J.. PROUTY, CITY ATTORNEY BY;//!'fc~taCl l ~P PAGE 2 c, CITY ::JCOUN c a f • 7 c d i 4 ~ QCuG'J~~ • • Si\MPDOCS\RSS\METRO.SVC 7 c*_.rL9,5_'. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON EXCHANGE TO THE DALLAS METRO EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREA.i, the City of Denton fully supports a petition for Op- tional Extended Metro Service ("EMS") from the Denton exchange to the entire Dallas Metro exchange and strongly urges the Public Utility Commission of Texas ("PUC") to approve the joint agreement; and WHEREAS, the Substantive Rules of the PUC requires the City of Denton to designate a person to represent the incorporated areas of the Denton exchange in proceedings before the PUC. The City of Denton believes that approval of Optional EMS to the entire Dallas Metro exchange would provide ;-~oth economic and social benefits for its citizens; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ,SECTION I. That the City Council hereby designates to represent the incorporated -areao E-e Denton exchange in proceedings regarding a joint filing to the PUC for Optional EMS from Denton to the entire Dallas Metro exchange, and to execute such a joint filing as the designated representative. S9CTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: , • / APPROVED AS TO LEGAL B'ORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i ) Y I!' c, CITY coUNCIL X-77 11 TIT 0 O`il~ r w t 0~> cv ¢D ~~Oc7C0uC~~ t. • a CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON,TEXAS 76201 TELEPNONE8f7.566.8309 Office of the C11y Secrelary MEMORANDUM DATE: July 26, 1995 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: GTE Extended Metro Services Mr. Melvin Willis, GTE Facilities Manager, is requesting that the Denton City Council consider approval of a joint agreement for extended metro services. This is an optional service that will provide customers in the Denton exchange unlimited, two-way calling to the Dallas Metropolitan Exchange for a fixed monthly rate. Currently, Denton customers with a "243" and 11320" telephone number are receiving two-way calling to the following exchanges: Denton, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Heller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas. With the new optional offering, calling will be provided to each of the exchanges noted above, plus additional calling will be available to the Southwestern Bell portion of the Dallas Metropolitan exchanges. Currently, calls to the eouthwastern Bell areas are billed as long- distance calls. If approved by the Public Utilities Commission, residential customers would have the option to subscribe to the service for a monthly charge of $22.50 per line which Is the current charge for the service. The optional extended service would not cost anything additional. The extended customers are not required to subscribe to the service, and if desired, can continue using long-distance service to make calls to the Dallas Metropolitan Exchange. Please t me know if you require any further information. i' A L o d V. arrell city Manager ~ O ~ r ACCOOOF4 "Dadtcated to Q"alhy Service" • L. ~ • ~)endaNo . aenda~terrt~~ RESOWTlnN NO. „ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING THE GTE SOUTHWEST EXTENDED AREA SERVICE FOR THE DENTON EXCHANGE AND AUTHORIZING THE MAYOR TO $IGH /,nL NECESSA11Y DOCUMENTS WHEREAS, GTE Southvest Incorporated provides local exchange service to the Argyle, 9artonville, Justin and Denton exchanges and is seeking to enhance the tel,phone communications capabilities of the oitisens of Denton by pnvv:dinq extended area services and WHEREAS, each of these exchanges is seeking approval from the Public) 9tilit Commission of Texas for extended area service to each other and the Dallas-Fort ■orta metroplex areal and WHEREAS, the City Council approved the concept of extended area service for the Denton exchange at the City Council Work- session of January 7, 19921 HOW, THEREFORE, THE COUNCIL OF THE CITY OF DEN'POH HEREBY RESOLVESI SECTIOII I. That the City Council hereby approves the GTE Extended Area Service concept. SECTION II. That the Mayor is authorized to sign all neces- sary documents establishing Extended Area Service as an optional service for the citizens of Denton. PASSED AND APPXOVED this the /g~ day of 1999. 908 CASTLEURAY, W1Y ATTESTi JENNIFER WALTERS, CITY SECRETARY BY • AP ED S TO LEGAL FORK. DE A. DRAYOVITCH, CITY ATTORNEY BYt J s 0 r DOCKET NO. 10016 AND PROJECT NO, 10p23 PETITION OF THE ARGYLE S EXCHANGE FOR EXTENDED AREA S SERVICE S PETITION OF THE BAKTONVILLE § PUBLIC UTILITY EXCHANGE FOR EXTENDED AREA S SERVICE S PETITION OF THE JUSTIN S COMMISSION EXCHANGE FOR EXTENDED AREA S SERVICE S S PETITION OF THE DENTON S OF TEXAS EXCHANGE FOR EXTENDED AREA S SERVICE S S JOINT AGREEMENT OF THE P RTI.g WHEREAS, GTE Southwest Incorporated ("GTE-SW") provides local exchange service to the Argyle, Bartonville, Justin and Denton exchanges. Each of these exchanges seek approval from the Public Utility Commission of Texas ("Commission") for extended area service ("EAS") to each other and to each exchange listed below. Pursuant to the terms of this Joint Agreement, and if approved by the Commission, flat rate two-way EAS will be provided between these exchanges each of which is served by GTE-SW. WHEREAS, the Argyle exchange is represented by the 1 Honorable Yvonne Jenkins, Mayor of the City of Argyle, Mayor Jenkins has been jointly designated to serve as the Argyle I ~ representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange, JOINT AGREEMENT OF THE PARTIES - Page 1 • Gate WHEREAS, the Bartonville exchange is represented by The Honorable Tom Ott, Mayor of Bartonville. Mr. Ott has been jointly designated to serve as the Bartonville representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange. WHEREAS, the Justin exchange is represented by The Honorable Virgil Eaves, Mayor of Justin. Mr. Eaves has been jointly designated to serve as the Justin representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange. WHEREAS, the Denton exchange is represented by The Honorable Bob Castleberry, Mayor of Denton. Mr. Castleberry has been jointly designated to serve as the Denton representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange. • WHEREAS, GTE proposes to provide two way flat rate service to each other and to the following GTE exchanges D/FW Airport Garland • • Grapevine Irving Keller Lewisville Plano Rowlett Wylie Carrollton JOINT AGREEMENT OF THE PARTIES - Page 2 • t- ~ • WHEREAS, the parties to this Joint Agreement have met and agree that the long term economic and social interest of the communities will be served by the provision of an optional EAS plan; and WHEREAS, the parties agree to the rate design as specified herein and to the other terms of the Joint Agreement and agree to seek approval of this Joint Agreement from the commission, NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWSt 1. GTE-SW will implement two-way flat rate EAS between each petitioning exchange and each of the exchanges mentioned above. 2. GTE-SW will use its best efforts to implement this service as soon as possible, but no later than 12 months after an order approving the Joint Agreement is entered by the Commission in this docket. • 3. The rate additives for this service,' are as followet This service will not be available to Coin Telephones, Customer owned coin-operated telephones ("COCOTS"), resellers or party line customers. It will also not be available on an FX basis. JOINT AGREEMENT OF THE PARTIES - Page 3 r • sa r Vffdalton). tiff `Rai C1 ss o Service d vg R-1 $22.50 B-1 $52.50 Key, PBX trunk and CentraNet (per network access) $52.50 4. The above-referenced additives will be charged to Argyle, Bartonville, Justin and Denton subscribers and are in addition to current rates for local exchange service and existing EAS service. 5. The proposed rates referenced above will recovor the cost of providing the service including a contribution to joint costs as required by Commission Substantive Rule $23.49. b. All parties recognize that the Commission may, upon proper notice in a docketed proceeding, change the rates for any utility services, including the EAS rate discussed above. 7. Any customers choosing to subscribe to this service will be required to change their telephone number. • 8. Notice will be provided pursuant to Commission Substantive Rul.. 523.49(h). The parties request that the Commission publish notice of the filing of this Joint Agreement • in the Texas Register and provide notice of the filing of this • • Joint Agreement to the Office of Public Utility Counsel. JOINT AGREEMENT OF THE PARTIES - Page 4 • • r 9. Pursuant to Commission Subw't-&"ive Rule S23.49(i)(3)(I), this joint filing shall be handled administratively if intervenor status is not requested within 60 days of notice. If an intervention is filed and granted, or if the commission Staff so requests, the parties underatand that the Joint Agreement will be docketed for hearing and final order. The parties also understand that any party to this Joint Agreement may withdraw the filing of this Joint Agreement without prejudice at any time prior to the rendition of a final order by the Commission. The parties additionally understand that any alteration or modification of the Joint Agreement by the commission may be made only upon the agreement of all parties in the docket. 10. Attached to this Joint Petition are the proposed tariff sheets which allow the provision of this service, and a resolution from the Commissioner's Court for. Denton County. 11. The parties respectfully request the Commission Staff to process this Joint Petition in accordance with Substantive Rule S23.49(i). • JOINT AGREEMENT OF THE PARTIES - Page 5 y • r Ri`. ~ ~ ~ ~ \ p 90710r1NU _ AGREEDr THIS s_~_DAY OF~ O . r1992. ARGYLNGE Jw Sy: --r A7:orable onvo ne Jan no, Mayor of City gyle, on behalf of the City of Argyle and the unincorporated areas of the Argyle Exchange BARTONVILLE EXC GE Bys Th Ho r b Ott, Mayor of City of_Bertonville, on behalf of the City of Bartonville and the unincorporated areas of the Bartonville Exchange JUSTINL'~XCH GE BY = QT Honorable Virgil Eaves, Mayor of Citpp Of Justin, on behalf of the C~•ty of Justin and the unincorporated areas of the Justin Exchange DENTON EXCHANGE ay= Tne Honorable Bob C st ry, Mayor of City of Denton. on beha f of the City of Denton and the unincorpo ated areas of the Denton Exchange GTE SOUTHWEST INCORPORATED Byt Oscar Gomez, Area V ce-Prouidentr Regulatory and Governmental Affairs, GTE Soutiwest Incorporated A • • JOINT AGREEMENT OF THE PARTIES - Page 6 Copper Canyon Is an Indlce within the Bartonville exch=ange. The Mayor of Copper has also signed. - See Addendum A e ca • ~ . ~genaaN~ , QAnnr;altnnr~~` vte RESOLUTION OF DENTON COUNTY - FOR DESIGNATION AND APPOINT- PROCEEDING BEFORE THE__ MENT OF ARGYLE, BARTONVILLE, ,1ND JUSTIN EXCHANGE COMMISSIONERS COURT OF REPRESENTATIVES PCR PETITION FOR EXTENDED AREA SERVICE. DENTON COUNTY TO DENTON EXCHANGE WHERAS, it has been determined by the Denton County Commissioner's Court that the establishment of an Extended Area Service ("EAS") from the Argyle, Bartonville, Justin, and Denton exchange to several other exchanges in the area would bo of great benefit to the Denton County citizens who reside in these exchanges. WHERAS, the Substantive Rules of the Public Utility Commission of Texas ("Commission") requires the the County of Denton, Texas to designate representatives for the unincorporated areas of the Argyle, Bartonville, Justin, and Denton exchanges in proceedings before the Commission with respect to a joint petition for two-way EAS telephone servi:-.a. 1 NOW THEREFORE, BE IT RESOLVED, THAT COMMISSrONERS' • I COURT OF DENTON COUNTY, TEXAS: hereby designates The Honorable Yvonne Jenkins: Mayor of Argyle, to represent the county in proceedings regarding a • joint petition filed with the Commission for two-way EAS • . telephone service from the Argyle exchange providing for the establishment of EAS as an optional • ~eeUeNa _ service and to execute such a joint petition as the county's designated representative, hereby designates The Honorable Ton Ott, Mayor of Bartonville, to reaprusent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Bartonville exchange providing for the establishmen* of EAS as an optional service and to execute such a joint petition as the county's designated representative. hereby designates The Honorable Virgil Laves, Mayor of Justin, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Justin exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated representative. hereby designates The Honorable Bob Castleberry, Mayor of Denton, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Denton exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated representative. d ~ • r s w I Lit., RESOLVED IN OPON COURT, thielafLday of iEo& 1992. Ju a • ,oj 0 ~i i Grp+1f ~rf.l f . h • 0 Ei\MPt*CS\RBS\EKTEMD. MET ~AendaNo ~ Gate _ RESOLUTION NO. A RESOLUTION OF THE. CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AGREEMENT BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED FOR OPTIONAL EXTENDED METRO SERVICE; AND PROVIDING AN EFFECTIVE DATA:, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute a joint agreement between the City of Denton and GTE. Southwest Incorporated for optional extended metro service, a copy of, which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 199ri, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY! • s bt@ PROJECT NO. EXTENDED METRO SERVICE S PUBLIC UTILITY BETWEEN THE DENTON EXCHANGE S COMMISSION AND THE DALLAS S OF TEXAS METROPOLITAN EXCHANGE S JOINT AGREEMENT OF THE PARTIES WHEREAS, GTE Southwest Incorporated ("GTESW") provides local exchange service in to the Denton Exchange ("Denton"). In this petition, Denton seeks extended metro services ("EMS") to the Southwestern Bell Telephone Company portion of the Dallas metropolitan exchange, which is served by the Southwestern Ball Telephone Company ("SWBT"). WHEREAS, the Denton exchange will be represented by two representatives. Representing the incorporated area of the Denton exchange is Bob Castleberry, Mayor, City of Denton. Representing the unincorporated areas of the Denton exchange is Judge Jeff Moseley. These representatives believe that the EMS service will provide both economic and social benefits to Denton customers. • 1 WHEREAS, the Denton, Bartonville and Dallas Metropolitan exchanges are included within the cosson calling plan area and • contained within a continuous boundary as set forth in Substantive • • JOINT AGREEMENT OF THE PARTIES - Page i • Ga • Agenda No Agenda lferrt.r~__ _ Rule 23.49(b)(8)(C)(x). Both Denton and Bartonville will have the same optional calling scope into the Dallas Metropolitan exchange. WHEREAS, this Joint Agreement, es well as the rates proposed therein have been discussed with members of the Commission Staff as required by Substantive Rule 23.49(b)(8)(C). WHEREAS, the parties agree to the rate design as apecified herein and to the other terms of the Joint Agreement and agree to seek approval of the Joint Agreement from the Texas Public Utility Commission. NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS$ 1. An optional two-way Extended Metro Service (8148) will be made available to GT28W customers residing within the telephone exchange boundary of the Denton exchange and will provide two-way calling between Denton and the Dallas Metropolitan exchange on a flat rate basis. 2. Currently, GTESW offers an extended area service plan • providing optional two-way calling from Denton to the following exchangesi Argyle, Bartonville, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Kellar, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas; • • • JOINT AGREEMENT OF THE PARTIES - Page 2 I 4 0 • ra • Me With the EMS offering, calling will be provided to each of the exchanges noted above and additional calling will be provided to the SWBT portion of the Dallas Metropolitan exchange. This calling area includes the principal zone and first and second zones as depicted in SWBT's Local Exchange Tariff, Section 11 Sheet 72. Optional EMS will be offered as an enhancement to replace the current optional extended area service. 3. Those customers residing in the Denton exchange electing to subscribe to EMS will continue to pay the currently approved rates as specified in GTESW's General Exchange Tariff. These rates are in addition to the current rates for local exchange service. Class of Service Monthly Rate Residence (One-Party) $22.50 Business (One-Party) $52.50 Key Line $52.50 PS%, CentraNete (Per Network Access) $52.50 4. GTESW's standard service connection charges will apply to all customers placing orders for EMS. GTESW will waive the standarc: service connection charges for customers subscribing to the EMS service during the 90-day period after the service is introduced. JOINT AGREEMENT OF THE PARTIES - Page 3 I • • J98ndaNo Agendalt&n,_ Dale After the 90-day waiver period, the nonrecurring service connection charges will be as follows: Primary Service Order Charge Line Connection Charge Residence Business Residence Buditiss Opt. EMS $21.00 $31.50 $20.00 $20.00 5. It may be necessary for customers in the Denton exchange to change their telephone number to subscribe to the EMS. Current customers that subscribe to the present optional ,4xtended area calling plan have been assigned a telephone number with the prefix "243" and "320"1 other customers not subscribing to the optional service utilize the "380", "381"1 "382", "383", "387"r 0391", "484", "565", "591", "891", and "898" prefixes. aTESW will use the "243" and "320" prefixes for the optional EMS offering. Therefore, customers with a "243" or 0320" number will not need to change their number. However, customers with the other prefixes will need to be assigned to the new "243" or "320" prefix in order to receive the new service. • 6. GTESW estimates that the EMS rates will rouover the cost of providing the service including a contr"ution to joint costs an required by the HAS Substantive Rule O 23.49(b)(8)(C)(vii)(II). • JOINT AGREEMENT OF THE PARTIES - Page 4 • • ~ondoNo.. gate 7. There will be no change to the rates of the Dallas customers of SWBT as a consequence of the implementation of ENS in the Denton exchange. 8. This joint filing is exempt from the traffic requirements contained in Subsection (b) (2) of Substantive Rule 2.3.49. 9. Notice of the proposed ENS will be provided pursuant to 23.49(b)(7) of the Commission Substantive Rules. Such notice will be provided to all Denton customers, individually, by bill insert or individual mailing, and will be published for two consecutive weeks in the Denton Record-Chronicle. GTBSW will bear the cost of notice of the proposed optional ENS offering. The parties request that the Commission publish notice of the filing of this joint agreement in the Texas Register and provide notice of the filing to the Office of Public Utility Counsel. 10. Pursuant to 23.49(b)(8)(C)(ix), this joint filing shall be handled administratively if intervenor status is not requested within 60 days of notice, and the Commission • will determine whether the service meets the criteria listed in the Substantive Rule 23.49. If there is an intervenor, or if requested by the Commission Staff, the • joint filing shall be scheduled for a hearing and final . order. The parties understand that any of the parties to JOINT AGREEMENT OF THE PARTIES - Page 5 • ca • Agendalterr(~_ Date the joint filing may withdraw the joint filing without prejudice at any time prior to the rendition of the final order. The parties also understand that any alternation or modification of the joint filing by the Commission may be made upon agreement of the parties to the proceeding. 11. IntraLATA toll service from the Denton exchange to the Dallas Metropolitan exchange will continue to be available for those Denton customers who do not wish to subscribe to EMS. 12. This joint filing involves an agreement among the parties and is not precedential on any issue expressed herein. 13. The parties respectfully request the Commission Staff to process this joint agreement in e.anrdance with Substantive Rule 23.49(b)(8). AGREED, this day of , 1995. • DENTON EXCHANGE Signed byl e • Bob Castleberry, Mayor Jeff Moseley, County Judge • City of Denton Denton County JOINT AGREEMENT OF THE PARTIES - Page 6 . 0 NONE • ~gemiaNo 4gendalt Ale GTE SOUTHWEST INCORPORATED Sys Lyn Eamerman - Regional Dir"otor- Regulatory @ Industry Affairs SOUTHWESTERN BELL TELEPHONE COMPANY Sys Jon R. Loehsan - Managing Director- Regulatory • JOINT AGREEMENT OF THE PARTIES - Page 7 • . ~ Yt i R..!. l~ :~w .iE +~.'i~,+~ca)j1/~~a;, J9~lr~~A i l e - G~ e Vends No landmaq, g$);~,_C NOTICE The Denton exchange, Southwestern Bell Telephone Company, and GTE Southwest Incorporated are asking the Public Utility Commission of Texas (PUC) for approval to provide o tp ional two-way Extended keLro Service (EMS) from GTE Southwest Incorporated's Denton exchange to the Southwestern Bell portion of the Dallas Metropolitan exchange. EMS in an optional service that will provide customers in the Denton exchange unlimited, tK4-wav calling to the Dallas Metropolitan exchange for a fixed u,unthly rate. Currently, Denton customers with a "243" and "30" telephone number are receiving two-way calling to the following exchangesi Denton, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Keller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas. With the new optional EMS offering, calling will be provided to each of the exchanges noted above, plus additional calling will be available to the Southwestern Bell portion of the Dallas Metropolitan exchange. Today, calls to the Southwestern Bell areas are billed by GTESN as long-distance calls. If. approved by the PUC, residential customers would have the option to subscribe to EMS for an additional monthly charge of $22.1.$0 per line. Business customers would have the option to subscribe 1:o EMS at the additional monthly charges listed belowt Businass, One-Party $52.50 prr line Key Line $52.50 pve line PBX, CentraNete (Per Network Access) $52.50 per trunk Standard service connection charges will apply to this service. However, the standard service connection charges will be waived if the customer subiscribe■ to the service within the first 90 days after the service is offered. Subscribers to EMS will be assigned a "243" or. "320" telephone number. Customers are not required to subscribe to EMS and, if desired, can continue using long-distance service to make calls to the Dallas Metropolitan Exchange. Rates for Southwestern Bell customers in Dallas will not be e affected by this plan. This proposal has been assigned Project No. by the Public Utility Commission of Texas. Persons who wish to intervene in the proceeding, or cua~,,Ant upon the action sought, should contact the Public Utility C.)mmission of Texas at 7800 Shoal Crook Boulevard, Suite 400Nr Austir, Texas 78757, or call the Public Utility A Commission consumer Affairs Division at (512) 458-0256, or (512) e A 458-0221 (teletypewriter for the hearing impaired). The deadline to intervene in this project is _ , 1995. • as • w gendaNo ' mndaltem CITY Or DENTON 1 MEMORANDUM DATER February IU, 1991 D'n .r~-1 IG-~s A TOD Mayor and City Council rROMt Lloyd V, Harrell, City Managor , SUBJECTf GTE EXTENDED AREA SERVICE SUMMARY AND RECOMMENDATION On January 7, the City Council received a report from Mr. MalVin Millis. GTE raollitlea Manager, on i proposed optional Extended Area Gakvlca. Extended Area Service (LAD) will allow !Minton reeidente to call surrounding GTE awehanga■ without having to pay long distance tolls, The City Counall approved the EAS concept and dlracted staff to prepare a rasolution. The GTE EAR will pro,-Ida two-way, flat-rata sirvica to the following excharigest DFM Airport Garland Grapevine Itving Roller Levievllle I•lano ROMIett Wylie Carrollton [Axe Gallas Justin Argyle Dartonvllls Oonto❑ EAB is achoduled to bogln this nusaer after PuLllo Utilities Coaalsslan review and approval, Staff racoasandv that Council adopt a resolution apprnving Extended Area Service for the bonton area and authorising the Hayor to elgn All Baceasary docusents. Prepar)d byi Aeo ten[ to [hv canayar Apprev d by- &'IlUat rc City Mannqor 1 1 r I r C11COUNCII o v ° y. IA 1 1; e I ca e Age(IdaNo ~ AgeodaN pate DATE.: August 1, 1995 CITY COUNCIL AGENDA ITEM TO: MAYOR AND NIEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER RESOLUTION WAIVING 30 DAY NOTICE TO REDUCE TEXAS MUNICIPAL POWER AGENCY (1'MPA) RATE CHARGED TO DENTON RECOMMENDATION: Staff recommends City Council approve a resolution that waives the 30 day notice to change TMPA rates charged to member cities. The TMPA Board of Directors has approved a rate reduction to member cities effective August 1, 1995. SUMMARY: TMPA has reduced its operation an maintenance costs and accrued a savings of $1.25 per kilowatt (KW) since April 1, 1995. The accrued savings since that time have been retained by TMPA and targeted for overall TMPA debt reduction. The TMPA Board has now approved a SI-25 per KW rate reduction passed on to the member cities, effective August 1, 1995. The reduced rate will remain In effect until April t, 1996, when another'I'MPA rate change is anticipated as a result of switching to Powder River Basin coal as a fuel source. This rate reduction will save the Denton Electric Utility upproximately $222,750 in fiscal year 1995 and $668,250 in fiscal year 1996. The projected e savings have enabled the Electric Utility to budget no rate Increase for 1996. The TMPA contract provisions require it 30 day notice before TMPA can change the rates charged to the cities, and the City has just received notice of the rate reduction. TMPA's General Counsel has stated that the 30 day rate change notice can he waived if the City Council approves a resolution waiving the required notice period. Since the City benefits e from lower costs, it is desirable to approve such a resolution as soon as possible. • s The attached resolution waives the 30 day notice and allows the TMPA rate reduction for Denton to be effective Immediately. • t- ~ • geodaNo. CITY COUNCIL AGENDA ,gendsI PAGE 2 Vp FISCAL SUMMARY, The TMPA rate reduction will save the Electric Utility an estimated $222,750 In fiscal year 1995 and $668,250 in fiscal year 1996. Respectfully submitted, Lloyd Harrell, City Manager b Pre"red by~~ R. E, Nelson, Executive Director of Utilities Exhibit. Resolution Waiving 30 Day Notice for TMPA Rate Reduction • • E:\NPDOCA\RES\EMERG.RAT agendalterr~.__~~ Data. RESC Lt1TION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WAIVING THE THIRTY DAY NOTICE PERIOD FOR AN EMERGENCY ADJUSTMENT SO THAT THE EMERGENCY RATES ADOPTED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY BY RESOLUTION NO, 95-7-8A MAY BE EFFECTIVE ON AUGUST 1, 1995; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 13, 1995 the Board of Directors of the Texas Municipal Power Agency ("TMPA") passed an emergency rate resolution in accordance with Section 7 of the Power Sales Contract between TMPA and the Cities of Bryan, Denton, Garland, and Greenville (the "member cities"), under which TMPA is empowered to set rates and charges for power and energy delivered to member cities1 and WHEREAS, this Resolution No. 95.7-8A, a true and correct copy of which is attached and incorporated herein, reduces the demand charge by $1.25 per KW per month allocating charges for power and energy based on fixed percentages that have been utilized by TMPA since 1993; and WHEREAS, the City Council deems it in the public interest to waive the thirt} day notice period for an emergency adjustment in order to make the rates and charges adopted by Resolution No. 95-7- 8A, effective on August 1, 1995; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt SECTION I. That the City Council hereby waives the thirty day notice period for an emergency adjustment for the sole purpose of allowing the rates and charges adopted by TMPA under Resolution No, 95-7-8A to become effective on August 1, 1995. SECTION II, That the City Manager is hereby directed to send • a true and correct copy of thin resolution to appropriate officials of. TMPA immediately upon and after its passage, SECTION III. That this resolution shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the day of 1995. DRAFT BOB CASTLEBERRY, MAYOR • • geotlaNo.~ wrF w ATTEST; JENNIFER WALTERS, CITY SECRETkRY DRAFT BY; APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY DRAFT BY; _ • ,r PAGE 2 r CITY COUNCIL r O e3 R) 41 Mr O b, 16 a C : - - - 11.4 • I • E~111 ~ - CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E WKINNEY • DENTON, TEXAS 76201 (817) 566.8200 # DFW METRO 434.2529 MEMORANDUM T0; Lloyd V, Harrell, City Manager FROM: Jon Fortune, Chief Finance Officer DATE: July 28, 1995 SUBJECT: CERTIFIED AD VALOREM TAX ROLL The City has received its 1995 certified appraisal roll from the Denton Central Appraisal District, Total value of the roll, that currently is not under dispute, is $2,019,758,759. This is a $76,714,482 increase from the 1994 certified roll and is a $17,619,110 decrease from the preliminary 1994 roll used in the proposed budget. The effective tax rate for 1995, based on the 1995 certified roll is 8,5572 per 8100 valuation. The rollback rate for the City of Denton, based on the now value and sales tax adjustment, is 8.6837 per $100 valuation. The City must publish notices and hold a public hearing if the proposed tax rate exceeds the lower of three (3%) percent over the effective rate (8.6739 per 8100 valuation) or the rollback rate 0,6837 per 8100 valuation). Although the effective tax rate calculation evaluates the relationship between taxes for the current and upcoming years, it also incorporates many variables including • values of properties annoxed and do-annexed during the year, properties under protest, new improvements, exemptions and special appraisals, Attached are the Notice of Effective Tax Rate and tax appraisal roll comparisons from 1987 to present. We will be analyzing tax rate options during our upcoming budget discussions. • If you have any questions, please let me know. • Mal AFFOOEF7 i 'Dedicated to Quality Service" { • A 1 gendeNo APPRAISAL ROLL COMPARISON Differenoe Compared 96 Difference to Compared to Certified Year Preliminary Roll Certified Roil Preliminary Final Roll Roll 1995 '2,037,277,869 2,019,768,769 - 0.86% , 1994 1,930,119,711 1,943,044,277 + 0.67% 1,971,969,902 + 1.49% 1993 1,887,742,932 1,869,696,269 - 1.49% 1,876,629,397 + 0.86% 1992 1,965,941,225 1,891,722,188 - 3.78% 1,912,269,666 + 1.09% 1991 2,043,862,257 1,951,304,490 - 4.63% 1,972,288,683 + 1.08% 1990 2,036,653,064 2,036,603,285 + 0.05% 2,092,796,973 + 2.76% 1989 2,267,406,373 2,128,213,395 .5.72% 2,138,626,212 + 0,49% 0 1988 2,278,350,910 2,134,291,272 - 6.32% 2,138,360,945 + 0.19% I 1967 2,146,731,452 2,050,294,577 -4,49% 2,067,864,826 + 0.37% ® Adjusted preliminary roll used for 1995-96 proposed Budget. r O AFFOOADA • • Olda No.................- . Apandal WL._~_ Data CITY of DENTON, TEXAS MUNICIPAL BOLDING o 215 E. MCKINNEY @ DENTON, TEXAS 76201 (817) 666.8200 • DFW METRO 434.2529 MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: )on Fortune, Chief Finance Officer DATE: July 27, 1995 SUBJECT: NOTICE OF EFFECTIVE TAX RATE Attached please find the "Notice of Effective Tax Rate". The law requires municipalities to submit the notice to the City Council and publish it in a local newspaper. The notice contains text year's effective tax rate, rollback tax rate, and the notice and-hearing limit. As you are aware, the effective tax rate allows the public to evaluate the relationship between taxes for the current fiscal year and upcoming fiscal year. This rate will produce the same amount of tax revenue if applied to the same properties in both years. The rollback rate Is the highest tax rate the City can before taxpayers can start rollback procedures. The notice-and-hearing limit is the highest rate the City can set before it is required to schedule hearings to discuss the proposed tax rate and publish notification of the hearings. If you have any questions or comments, please do not hesitate to contact me. • RAb AFFODEF Atu hwnt -dleared to Quality Service' ti I- ~ saw 1995 PROPERTY TAX RATES IN CITY OF DENTON Thin nntice concerns 1995 property tax ra ten rut Lhe city of Denton. It presents information about three tax rates. Lnn t. year's t-.i rate is the actual rate the taxing unit used to detotmino property taxes last year. Title year's. effective tax rate would lmpoae the same total taxes an last. year if you comparn properties taxed in both years. Thi8 y,ar'e rollback tax rate to the hlc'.ieat tax rate tha taxing unit can net before ta-payt.e can start tax rollback jrocedt, rer. In each rase these rates are found by dividing (ha total amount of taxes by the tax are (the total value of taxnbin properLyl with adluntmenLe at regtdred by state law, The rates are given pnr $100 of property value. Loot year'a tax rain, last year's operating taxes $ 6,409,416 Loot year'a debt taxes 9 4,651,307 Lont year's total taxes $ 11,010,72) Last year'u tax base $ 11971,959,902 lent year's total tax rate $ .5609/$100 T This yearn effective tax rate: Last year's adjunted taxon (after nubtracting taxes on loaf property) 5 11.,016,002 CS • This. year's adjusted tax bane latter subtracting value of new property) $ 1,976,932,172 $ .5572/$100 = This year's eLIecClve tax rate x 1.03 . Maximum rate unions unit publinhen notice" and holds hearing $ .5739/$100 Thin year's rollback tax rate, last yea r'a adjuoted operating taxen (after oubtracting taxes on lost property) 9,190,573 - This year's adluated tax base 1,976,932,172 This year's off active operating taco .4952/$100 x 1.09 - This. yen Los maximum opora tinq rate .5349/$100 r 'this year's debt rate $ .2260/5100 Thin year's rollback ratey .7617/$100 Boos Lax adjuaCment rain $ .1100/$100 Rollback tax rate .5837/$100 SCHEDULE A: Unencumbered Fund Balances The following nati"Lod balances will probably ba left. in the unit's property tax accounts at the and of the fiscal year. These balances are not encumbered by a corresponding debt obligation. e_. Typg o1 PXpnerty Tax Fun Bala" General Fund 8 4,955,205 general Debt Service Fund $ 635,150 SCHEDULE B: 1995 Debt Service The unit plana to pay tie following amow(ts for Icnq.Lerm debtn that are secured by property taxen, These araoLiAn wil, be paid from property tax rovenuan (or additlo71a1 sales tax ravenueu, if Appiicahlel. Principal 6 IllLerent F,equlremeuta for 1995-96 Principal Interest Total PeP&_r1 L12L 0f_ Mkt 'tQ a" 72BA-Pikid k'4ymilk 1985 General ObllgaLlon Refunding $162,150 $6,510 $L69,260 1987 General Ohllgetion 1)5,000 $0,400 225,400 1981A Certificates o! Obligation 125,000 15,625 140,625 1987 Csrtlficaten of Obligation 25,000 4,125 29,125 1986 General ObJlgotlon 175,000 38,137 213,137 1989 Ocneral Obligation 175,000 69,300 244,300 1999 CcrU fie ate" of Obligation 11,315 4,031 22,146 1989A Certificates of Obligation 129,833 32,450 162,291 1991 Carl: (Seaton of Obligation 3,390 203 3,593 1992 General obligation 05,000 161,505 246,505 1992 Corr l f l rates of Obligation 50,000 32,543 82,543 1993 Certificates of Obligation 61,788 9,012 70,800 1993 General OblI gation 150,000 150,075 300,075 1993A General Obligation Refunding 11614,800 321,451 2,136,331 1993A Certificates of Obligation 54,600 53,899 198,489 1994 COILIricates of obligation 144,960 105,122 450,OB2 19x5 General Obligation 0 151,155 151,155 • 1996 tloneral Obllyatton S .-M 148,367 136.9,48 $],578.049 $1.515,2p8 $;5.093.357 Total required for 1905 debt service $5,093,397 - Amount (1f anyl paid irom fundn lintod In Ochodu1e A 511,556 BxC'CBn collections lest year 0 Total to be paid from taxes in 1995 0,581,001 t Amount added 711 anticipation that the unit will collect 1001 of its Lasso in 1999 • Total Debt Service Levy 64. 561.801 . SCHEDULE C: Expected Revenue from Additional Sales Tax in calculating Its effective and rollback tsx rattle, the unit estimatod that it will receive $3,596,119 in additional sales and use tax revenuns. Thin notice contnlna a summary of actual effective and rollback tax rate calculations. Val, can In[][ ac•t a copy of the full calculationn at tits Office of the City Secretary, 215 F. McKinney, Denton, 'texas. Dame of person prepat-Inq tliis notice: Jon Fortune Title: Chief Flnauce officer Date prepsrod•, July 27, 1955 rrmerr t CITY COUNCIL c • 6 t C' r ♦t rdr c 1 ~ c~ n w 11414, foil' 1141 iFf 11 % e; • • M CITY of DENT0N? TEXAS MUNICIPAL BUILDING ~ 216 E. MCKINNEY s DENTON, TEXAS 76201 (817) 566.8200 o URN METRO 434.2629 MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Jon Fortune, Chief Finance Officer DATE: July 28, 1995 SUBJECT; COLLECTION RATE FOR 199495 AND 1995-96 As you are aware, ad valorem tax collection revenue is split between the General Fund (for operations and maintenance) and the. Debt Service Fund (for payment of bond principal and interest), It has been the practice of the City to credit the Debt Service Fund its total budgeted tax revenue and that any shortfall or overage in tax collection be realized in the General Fund, In accordance with that practice, this is to certify that the anticipated collection rate used for the debt service components of the tax rate calculation is 100% for the 1995-96 fiscal year, The actual collection rate for the combined revenue including supplements for fiscal year 1993- 94 was 98.50%, At June 30th, the actual collection rate including supplements for the 1994-93 fiscal year was 97.88%. These rates only Include current taxes. If you have any questions, please do not hesitate to contact me. • AFFWP FS jVlb • cc: Kathy DuRose, Executive Director of Finance at "Dedicated to Quality Service" R . • 9 r t„~$5~'~ 'kit,~fi~i~~ ~f~.i t+ff'~s>>+r~' g~ ' Nil • • f DENTON 0000 oONO ooo 40- pp0` ~o ~D a a _ o 0 ~p~ r ~ DODO oo~o o N , ~ o000 ~oanoaooo CITY COUNCIL ~ • • t • • r J s CITY of DENTON$ TEXAS MUNICIPAL BUILDING o OENTON, TEXAS 76201 TELEPHONE (817) 5668307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 28, 1995 SUBJECT: Request To Fly City of Denton Flag RECOMMENDATION: Staff recommends approval of this request. BACKGROUND: Mr. Barry L. Green, General Manager of Ben E. Keith, has requested approval to fly the City of Denton Flag at the grand opening festivities planned for Wednesday, August 2 (See Attachment 1). The warehouse facility is located at 2801 I-35 E North in Denton. The applicable ordinance, 94-074, Section III, prohibits display of the flag by any firm, corporation, or organization without written application to and approval by the City Council (See Attachment 2). Staff has discussed this matter with Mr. Green and believes the request is prudent given the circumstances under which the flag would be displayed. In consideration of the nature of this event and to celebrate the expansion of the warehouse facilities of Ben E. Keith in Denton, Staff recommends that two (2) flags be made available for purchase and that the flags be allowed to be prominently displayed. Ben E. • Keith would like to continue to fly the flag on a permanent basis as well. As you know, Ben E. Keith has been a valuable corporate citizen through their annual contributions and support of many events and programs in Denton. PROGRAMS. DEPARTMENTS, GROUPS AFFECTED; • None. • O F.IECAL IMPACT: None. 'Dedicated 1a Quality S -ivies" • • ppendalte►~- Data, Please advise if I can provide additional information. RESPECTFULLY SUBMITTEDI L y V. Harrell City Manager Prepared by: r- Portu AosAsseistan~t ga to the e City anager Attachments: 1. Letter from Barry L. Green 2. Ordinance 94-074 e t • • 7UL 24 '94 94149PM FW BEER P.2 BEN E. KEITH BEERS ~Q9rtdafterrt~,^~ 7001 will Rogers Blvd. • Fort Worth. Taxes 76140`6098 Y914}ia82eS~~ General ONiee: (817) $66.4100 • Sales and Sendce: (817) 668'4000 • Metro: (817) 572333$ ~-FAX Barry L Green General Manager July 24, 1995 The Honorable Bob Castleberry Mayor of Denton 215 E. McKinney St. Denton, Texas 76201 f Dear Mayor Castleberry: At the request of Troy LaGrone, citizen of the fine city of Denton and In the grand tradition of Ben E. Keith Grand Openings, we would like to be able to fly the City of Denton flag at our festivities planned for August 2, 1996 at our warehouse facility located at 2801 1-36 E, North in Denton. A copy of the Invitation has been enclosed. It is my understanding that a recent city ordinance requires approval from the City Council before we are allowed to purchase the Denton flag, With the help of Joseph Portugal I am hereby requesting permission to purchase and fly the City of Denton flag, along with the American flag, the Texas flag and other logo flags pertaining to our company at this event, All protocol for the proper flying of flags will be followed of course and we look forward to being able to fly the Denton flag proudly. i look forward to your response and hope your busy schedule allows you to join us. Sincerely, Barry L VeenCe' • BLGtkid r i Ltr! Enclosure cc: Troy LaGrone • • • ..r...._ _ O 1. k• ~ j O; • I- ~ • JLt 24 '94 04:50PM FW BEER P.3 AgmdsNo Age~dalt a r I i n i i l BEN E. KEITH BEERS Distributor of fine Anheuser-Busch Products cordially invites you to the GRAN? OPENING • of its new warehouse 2801 1.35E North Denton, Texas • Wednesday, August 2, 1995 44 p,m. RSVP 817-383.3302 The Denton branch services Collin, Cooks, or 224.434.3814 Denton, Montague, and Wise Counties. • ray wr+ i • t e~~MOas~ao~cooo.e Agenda No Agondalterr±_.._~ Date-_... ORDINANCE NO, L~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A CITY LOGO TO BE USED AS THE OFFICIAL LOGO OF THE CITY OF DENTONI PROHIBITING THE USE OF SUCH LOGO BY ANY PERSON, FIRM, CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY COUNCILI PROVIDING FOR A PENALTY CLAUSEI AND PROVIDING FOR AN EFFECTIVE DATE. WHEREASt c i.April 5, 1994 the City Council approved the current official Logo which shall be used on all official city of Denton materials, equipment, and suppliest and WHEREAS, application shall be made to copyright this Logo as the property of the City of Denton; and WHEREAS, as the official Logo of the City of Denton, the City Council is of the opinion that the same should not be used by any other person, firm, or organization for any purpose without written approval of the City Counciit NOW,'THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Logo as set forth in the attached Exhibit "A" is hereby approved and adopted as the official Logo of the City of Denton. This official Logo shall be used on all City of Denton flags from this day forward. All equipment, supplies, and materials ordered or purchased after the effective date of this ordinance shall reflect this Logo. SECTION II. That the Logo approved by the City Council of the City of Denton shall be affixed to the official City Flag and bear the words "Denton, Texas" underneath the Logo to be displayed prominently for all to see. O SECTION III, That no person, firm, organization, or corpora- tion other than the City of Denton shall adopt, use, display, in- corporate, or appropriate the official Logo of the City of Denton as any part of any material, equipment, or other matter of such person, firm, organization, or corporation without written ap- plication to and approval of the City Council. 0 f4'TI9N iV. That any person violating any provision of this • • ordinance shall, upon conviction, be fined a sun not exceeding Two Hundred Dollars ($200.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. • • r t SECTION V, That this ordinance shall become •ffeotive fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas, within tan (10) days of the date of its passage. PASSED AND APPROVED this the/ay of , 1994. 808 CASTLEBERR , MAY ATTESTi JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCM, CITY ATTORNEY BYt IF IL&C." 01 • i • 0 DENTON ooaQaoooooop D~~oOD QOOO OF o 0 Q O Off' ~ Q OOO ,y r ~ ~ ~O~O 0000 N t ~ooo oaaa~oooo • CITY COUNCIL 1• • ho • OEM CITY OF CENrON, TEXAS AIUN10PAL BUILDING DENTON, TEXAS 76201 TELEPHONE 817.568.8308 Office of the City Secretary MEMORANDUM DATE: July 26, 1995 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: Electrical Code Board - Trenton Williams was not eligible for reappointment. This is a nomination for Council Member Brock. Keep Denton Beautiful Board - Candice Salomone has recently resigned. This is a nomination for mayor Pro Tem Biles. Plumbing and Mechanical Code Board - Ted Lewellen did not wibn to be reappointed. This is a nomination for Mayor Castleberry. Denton Housing Authority - The term for George Hubbard is expiring. Mayor Castleberry needs to make an appointment for this position. If you require any further information, please let me know. • W iters i Seor ary ACCOOOF4 "D. dlta7eQ to Qttalfry Servlct" .a • .C' • t._. p • JUL-21-95 FRI 7849 P.01 geadaNo, Kandice L. Salomone 2144 Savannah Trall Denton, TX 76205.8210 (817) $66.6435; fax: (817) 382-1459 July 21, 1995 Keep Denton Beautifll Board P,O. Box 374 Denton, TX 76202 bear Colleagues, As you already know, I have accepted a position at Ohio University and so will be leaving Denton In August. This letter to is formally inform you of my resignation from the Keep Denton Beautiful Board effective immediately. I have enjoyed my work with Keep Denton Beautiful and plan on continuing my affiliation with Keep America Beautiful through the local board in Athens County, Ohio, I want to thank Harold Perry, who nominated me, the Denton City Council, who accepted my nomination, Mayor Castleberry, and especially my colleagues on the board who I had the pleasure of working with on a regular basis. Of course, special thanks go to Cecile Carson and Sherrill Campbell for their constant support and enthusiasm for helping us meet the goals of Keep Denton Beautiful. My hope is that 1 was able to contribute to the success of the KDB and to the City of Denton. Thanks again. I wish all of you and the City of Denton much success in the future, You will be missed. Sincer K'indice. L. Salomone, Ph.D. • • r' • • s n Kr ' .v w;' t 4 e • DENTON 0ooo0 odooaoool~ oo°~ 41 00 ~ ~o pp T, o o ° n co d 4 o10 000 ~,ro ti~`~o~0 0000 N , ~ opo ~aoooooao e • CITY COUNCIL 1 • rAb DD) CITY OI DINTDN, 71XAS MUNICIPAL SUILUING 2f,5 E, MCKINNEY DENTON, TEXAS 7620f (617) 5666200 DFW METRO 434.2528 MEMORANDUM TO: Honorable Mayor & Members of the City Council FROM: Kathy DuBose, Executive Director of Finance DATE: July 27, 1996 SUBJECT: BOND ELECTION SCHEDULE I've attached a copy of an updated bond election time line which includes the study and implementation of a drainage fee. In the schedule, the Blue Ribbon Committee appointments would be completed by September 5, 1995, the drainage fee could be implemented January 1, 1996 and the Capital Improvement Band Election held February 24, 1996. Those dates specific to the bond election are listed in blue and the drainage fee in red. If you have any questions, please let me know. KO:Ib AFFOOEFS e "Dedicated to Quality Service" • w • S- APO 7 No, U.S. Department of JustlcDO~ Art r Office of Co?nmuniry Oriented Policing Services (COPS) O,Qtce o r Dlrearor 1100 Permanr'Ne. No' O'aihinglon, ac. 70J30 June 30, 1995 To all COPS FAST and COPS AHEAD Grant Recipients: Under the Public Safety Partnership and Community Policing Act of 1994, the Department of Justice and the Office of Community Oriented Policing Services (COPS) are pleased to announce the Universal Hiring Program. The Universal Hiring Program will fund the hiring of new officers devoted to community policing on the streets and rural routes of this nation. As with all programs funded by the COPS Office, the Universal Hiring Program is intended to encourage the development of police- citizen cooperation to control crime, maintain order, and improve the quality of life in America. As such, this program permits interested law enforcement agencies to supplement their current sworn forces through federal grants to defray costs of salary and benefits for up to three years. As COPS FAST and COPS AHEAD recipients, you have already submitted an application and community policing plan to 'lie COPS Office. Therefore, unlike other agencies, you need not submit a new Application Kit for additional officers under the Universal Hiring Progrm. However, to participate in this program and give us an indication of the level of additional hiring resources that your agency needs, you m1W complete and mail the enclosed Officer Hiring Request to the COPS Office, postmarked by August 31, 1995. You may have received a full Universal Hiring Program Application Kit in the Mail. If so, you may disregard it. A Fact Sheet providing additional information is enclosed. However, please disregard the three application deadlines. You do not need to complete a Universal Hiring application, and therefore, the application deadlines do not pertain to you. As COPS FAST and AHEAD grantees, you need only to complete and mail the enclosed Officer Hiring Request to the COPS Office, postmarked by August 31, 1995. Based upon the number of responses we receive and in light of available funding, we will send to you a confirmation of the specific number of sworn officers that we anticipate being able to fund. Officers hired under the Universal H;-ing Program are subject to the same conditions as your FAST or AHEAD grant, including the requirement that any hiring under the Universal Hiring Program be in addition to, and not in lieu of, other hiring by your agency. Under the Universal Hiring Program, • waivers of the non-federal matching requirement may be requested, but will be granted only upon a showing of extraordinary fiscal hardship. For more information about the Universal Hiring Program or other grant opportunities available from the COPS Office, please call the Department of justice Crime Bill Response Center at 1-800.421- 6770. e We look forward to continuing our productive partnership in fighting crime in our country. • r Sincerely, j seph E, Brann Director • I ~ • U.S. Department of Justice 3gendattlfrrz , U.S. Department of Justice r < y o Fact Sheet Office of Community Oriented Policing Services (COPS) Universal Hiring Program Program Information but will be grant." duly upon a showing of extraordinary The COPS Universal Hiring Program is one of several fiscal hardship. approaches developed by the Department of Justice under the Public Safety Partnership and Community Policing O Up to $120 million in grants will be made under the Act of 1994 to deploy new officers devoted to community Universal Hiring Program to state, local and other law policing on the streets and rural routes of this nation. The enforcement agencies in FY 1995. If requests exceed the Universal Hiring Program permits interested agencies to funds available, the amount or starting date of grants may supplement their current swom forces, or establish a new be adjusted to accommodate demand, agency, through federal grants for up to three years. All law enforcement agencies, as well asjurisdictionsconsid• ❑ COPS grant funds must not be used to replace funds that ering establishing new law enforcement agencies, are cli. eligible agencies otherwise would have devoted to future g ble to apply for this program. officerhicing. In otherwords,anyhIringunder theUniversal Hiring Program must be in addition to, and not in lieu of, Agencies that have received COPS grants through COPS officers that otherwise would have been hired. AHEAD or COPS FAST need not submit a new application for additional officers under theUntversallfringProgram . ❑ In hiring new officers, agencies may not reduce the Those grantees will be contacted by the COPS Office scope of their customary screening and training procedures, separatelvtndetermine their needforadditional resources. and must include community policing principles In their training curricula. Funding Provisions ~ U ThercwillbethreeeppllcatrondeadlinesfortheUnlvetsal ❑ Grants will be made for up to 75 percent of the total Hiring program: July 31, 1995, for Round l; October 15, salary and benefits of each officer over three years, up to 1995, for Round 2; and March 15, 1996, for Round J. a maximum of $75.000 perofficer, with the remainder to Funding for Rounds 2 and 3 are subject to future be paid by state or local funds. Fundingwill begin once Congressional appropriations. the new officers have been hired or on the date of the award, whichever is later and will be paid over the course U An award under the COPS Universal Hiring Program e of the grant, will not affect the consideration of an agency's eligibility for • • a grant under other COPS programs, O Waivers of the non-federal matching requirement may be requested under the Universal Hiring Program, U Application kits are available by contacting the Npartment of Justice Response Center at 1.800421.6770. n~aartm.MaJaNk•nNporrN r;~nNr: teeo4tsar7o June 7,1 "S N ~ _ e* e r geode No V.& Department of Justice vadai Office of Community Oriented Policing SeNtbes_ COPS Universal Hiring Program OFFICER HIRING REQUEST FOR COPS AHEAD AND COPS FAST GRANTEES Yes, we are interested in participating in the COPS Universal Hiring Program. We understand that COPS Ualversal Flit'ing Program hiring grants provides maximum federal contribution of 75% of the salary and benefits of each officer over three years, up to it cap of 575,004 per officer, with the federal share decreasing from year to year. Applicant Organization's Legal Name: Executive Information: Law Enforcement Executive's Name: Title, Agency Name: Address: City: _ State: Zip Code: Telephone:" FAX: Law Enforcement Agency EM Number (Assigned by tht IRS): Law Enforcement Agency ORI Number (Assigned by FBI for UCR Reporting): Government Executive's Name: Title : Name ofoovernment Entity: Address: • City: State: ZIP Code: Telephone: FAX: • General Information: • N Type of Police Agency: O Municipal d CountyPolice O Suitt D Sheriff 7 Indian Tribal Q Other: Post 1 1 i 5 f. IL~1 Y1 ~4 • • i i 4ysltl}glterrZ~ Total number of new officers requested for 1995 Full-Time Part-Time- Date(s) by which you would like to hire the officer(s):- - Current authorized sworn force strength (as of May I, 1995): Current actual sworn force strength and funded vacancies (as of May I, 1995): _ To assist the COPS Office in planning, how many additional officers would you like to have supported by the COPS Ot?tce In each of the following calendar years: g j pAn Time 1996: 1997: - 1999: 1999: 2000: Are you requesting a waiver of the local match requirement based upon extraordinary local fiscal hardship? O Yes O No If yes, attach a one page typewritten description of the extraordinary local fiscal hardship upon which you are basing your request for a waiver. I certify that the Information provided on this form is irae and accurate to the best of my Anowledge. I acknowledge that the Assurances and Certifications submitted in connection with the applkanl's prior COPSANF.AD or COPS FAST appiicatton remain in force. 1 understand that prior to any grant award, the oppltcant must comply with all applieatton and program requirements of the Pubitc Sofety Partnership and Community Polking Act of 1991 and other requirements of federal law. Law Enforcement Executive's Signature: -Date: (signature of person named on the front of this form) Govemment Exectnive's Signature: Date: (signature ofperson named on the front of this form) Return this form, and any additional information that is required postmarked by August 31, 1995. To this address: COPS Universal Hiring Program U. S. Department of Justice 1100 Vermont Avenue, N.W. • Washington, DC 20530 • "Faevd copies will tVQT be accepted Page 2 0 c0 DENTON v oOa aOpgooo 00 A, o ~o G OD ~ D © p 4 OOO ~ r o ~ ~-O~o Oooo OOQO No oaQ~oaooo s CITY COUNCIL I* • a~daaNo C AW&I CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566.8007 f Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 20, 1995 SUBJECT: CABLE TELEVISION RATE REGULATION AND FRANCHISE TRANSFER RFFCOMMENDATION: None. SUMMARY; In the near future, two separate ordinances regarding cable television will be brought to the Council for consideration, The first will he to approve the rates which Sammons Communications can charge for basic cable service, installation and maintenance, remote controls, and converters. These are the items which the City has regulatory control over. The City retained the services of a consultant to assist us with analyzing the FCC-required forms which Sammons submitted in order to justify their current rates. The consultant has found that, with the exception of the hourly charge for installation and maintenance, Sammons rates are at, or below, FCC-allowable benchmarks, The consultant recommends that Sammons reduce its hourly charge and issue refunds to customers for any overcharges. Refunds would be retroactive for one year. The refund liability to Sammons appears to be quite small and Sammons has expressed a willingness to make the refunds. The second ordinance will be to approve a transfer of the cable television franchise from Sammons Communications to Marcus Cable. The City has joined with approximately 17 other cities in North Texas which are currently served by Sammons and retained the consulting services of a law firm which has extensive experience in cable and other telecommunications • • issues. They, in turn, are having a financial analyst review the economic corld?cons of the sale of Sammons' systems to Marcus and the financial soundness of the purchaser. We are currently waiting on a final report from the consultants. Y)edirorrd to Quafirr Srnvre" • Mayor and Members of the City Council July 20, 1995 gandaNo. Page 2 The federal Cable Consumer Protection and Competition Act provided for cities to become certified to regulate rates for basic cable service, installation, and ancillary equipment. The City of Denton is certified as a regulatory authority. Cable companies may set their rates either by FCC-established benchmarks or by cost-of-service showings, If a cable company's rates are at or below the FCC benchmarks they are considered allowable. The FCC requires the cable companies to submit various forms which chow how the companies have set their rates. Denton retained First Southwest Company to help us evaluate the FCC 1200-series forms which are a benchmark method of establishing rates. The consultant has determined that the rates which Sammons charges are allowable with the exception of the hourly service charge. The City can now pass an ordinance establishing the permitted rates. For any overcharges on the hourly rate, Sammons would have to make refunds. Sammons could contest this action and appeal to the FCC for resolution. However, their refund liability appears to be small, and they have indicated that they would be willing to make the refunds. Sammons is also in the process of selling its North Texas cable systems to Marcus Cable Company of Dallas, On May 5, the City received a copy of FCC form 394 requesting transfer of the cable franchise from Sammons to Marcus. The City has 120 days to rule on the request. If no action is taken, the transfer request is automatically effective at the end of the 120-day period. The City has the right and obligation to evaluate the prospective franchisee. On legal, technical, and financial grounds, The City has joined with sixteen other North Texas cities which are currently served by Sammons in order to share the costs of professional assistance, We are currently consulting with attorneys and a financial analyst to evaluate Marcus Cable. Later in August, Council will be presented an ordinance to approve the franchise transfer, probably with some conditions which are currently being negotiated. FROG $ DEPARTMENTS OR OROUPS F EMR: City Council, Cable Television Advisory Board, Cable TV division, cable TV subscribers, FISCAL IMPACT: None. • Please advise if I can provide additional information, RESPECTFULLY SUBMITTED, 0 , • f Lloyd V. Harrel! City Manager I • - w • Mayor and Members of the City Council July 20, 1995 Page 3 'CVO Prepared by; icha d Foster Public Information Officer Approved: Josep Portugal Assistant to the City Manager AAA0391A • • ~ ' .1 f y'~ face }tip Iti-t,~ f J"r~}'c{tV y e ~y~ ~"s~b~,' • f G> 0 s c DENTON ,voOoa aoooooo 4", 0 0 CZ7 0 0 Opp r ~ ~Q~O Oop~ ° N . ~ ~QO° ooaoaaoo~ CIff CO UNCIL • • . 4~ • • AAsNA& Us 6,j APNOI arse - CI'T'Y COUNCIL, REPORT FORMAT' DATE: July 27,199" fi TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Amendment to Fconornic Development Partnership Contract Between City of Denton and Denton Chamher of Commerce RECOMMENDATION. Staff recommends adoption of Amendment #2 to the Economic Development Partnership Contract between the City of Denton and the Denton Chamber of Commerce. SUMMARY: 13y direction of the City Council, staff prepared the attached amendment to the Economic Development Partnership Contract, The amendment provides for the creation of a seven-member Economic Development Transition Committee (EDTC) which will replace the existing 25+ member advisory board, The amendment charges the P,DTC with specific responsibilities and outlines expectations with regard to the possible creation of a formal economic development corporation. Staff met with Chick Carpenter and Ken Burdick of the Chamber of Commerce and informally with the Public Utility Hoard to review and receive input on the proposed amendment. BACKGROUND: In their competitive analysis Study report, PFIH Fantus recommended the City of Denton revamp the economic development program through (1) establishment of a new organization structure, (2) the identification of additional sources of funding as well as an increase to the operational 0 budget, and (3) a promotion of a new brand image. Fantus recommended that an Economic Development Corporation be created to oversee the economic development program. In addition, Fanlus advised the City to immediately streamline the existing Economic Development Advisory Board to a five to seven member committee. Comrci I received reports from both City and Chamber staffs outlining proposed actions in 0 response to Fantus recommendations. Staff was directed to propose a change to the existing • • partnership agreement to create a new streamlined Economic Development Transition committee (iii),rcy 'fhe F,D'I'C would assume the responsibilities of the Economic Development Advisory Board and would also research and recommend the best structure and process for establishing an economic development corporation. • • Ag•+daN PROGRAMS. DEPARTMENTS OR GROUPS AFF . T ?Dc GttA The new Economic Development 'T'ransition Committee (FDTC) will be made up of seven members, four to be appointed by the City Council and three to be appointed by the Chamber oC Commerce, The ED'CC will replace the existing 25+ member Economic Development Advisory Board. Because of the fact that this will be a very prestigious board that will have an enormous impact on the direction of economic development for our community, potential appointees should be educated as to the tremendous time commitment and responsibility in carrying out the various charges. For Council's consideration, Attachment I provides a list of characteristics and talents that will be needed to make the functioning of the committee a success. Until such time as the Economic Development Corporation is formally established and in operation, the Chamber will remain accountable and liable, !hrough the direction of the President, for fiscal management, disbursement of funds, and supervision of Economic Development Chamber staff and fulfillment of the original program goals. FISCAL. IMPACT: Special studies, research, travel expenditures and operational expenses, including City administrative expenses relating to support of the Economic Development Transition Committee, will be funded as a line item in the 1995196 Chamber Office of Economic Development budget. • Y~ • ~f" x '`r r i,(,r.~~1?A ,~~i +°P 9 • • Attachment 1 COMPOSITE PROFILE OF ECONOMIC DEVELOPMENT40end8N0..._.. TRANSITION COMMITTEE MEMBERS ° LYtto.______ o Clear grasp of governmental structure & approval processes and reputation for establishing positive linkages. o Well respected by all community factions. o Evidence of abi;.lty to make highly effective public presentations. o Persuasive and in~`I.uential, such that an audience will consider the speaker as constructive and positive with character that drr.wa respect. o Strong ability to iegotiate/compromise - a "win-win" person. o Demonstrates objectivity and decisiveness, o Coalition builder. o Understanding of corporate business perspective, o Understanding of complex & creative financial constructs. o Proven ability to effootively work in a team committee structure, o Outstanding leadership auilitles, o Strong public relations skills and ability to sell the programs, goals, and budgets Ln public and private stockholders. o Good h,umor~ upbeat personality. o Team builder approach, o Knowledge of commercial real. estate and infrastructure/ engineering cost issues. • o Thorough understanding of Management by Objectives (M,B.O.); experience In setting measurable goals and objectives and producing positive results. o Demonstrated competencies of business concepts such as return on investment (R.O.I.), business plan development, financial staLomentb, o Ability to conduct contractual negotiations in a constructive fashion, i a w s Composite Profile of Economic Development Page 2 Transition Committee Members o Knowledge of economic development incentives and econometric modelling. o Clear understanding of results-oriented marketing design and implementation related to target markets, o High level understanding of process analysis techniques/tools,i.e., Pareto analysis, force-field analysis/scatter diagram, flow charting, cause & effect diagramming (fishbone). o Proponent of Total quality Management (TQM) principles in organizational assign. o Positive attitude about growth and direction of city. o Progressive thinker. o Proficient in formulating and implementing strategic plans. o Experience in developing, implementing and monitoring operational budgets. o Experience in developing detailed job descriptions. o Strong ability to gasp legal complexities and complicated state and municipal legal principles. o Experience in recruiting and selection of executives. o Professional demeanor and respectful ~f diversity issues. o Ability to make extensive time commitment - especially in r start-up phase. o Strong community involvement that has produced positive t results for all. o Poise under public press scrutiny and personal strength to ,J thstand stress. o Strong personal and professional ethics. 314 • w • s bendadJo AMENDMENT No. 2 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAFER OF COMMERCE THE STATE OF TEXAS 5 COUNTY OF' DENTON § This Second Amendment to that certain agreement for a program to promote economic development entered into the 15th day of August, 1989 by and between the City of Denton, Texas, a Texas municipal corporation ("City") and the Denton Chamber of Commerce, a Texas non-profit corporation ("Chamber"), as amended. WHEREAS, on August 15, 1989, the City and the Chamber entered into an Agreement for an economic development program ("Agree- ment"), a copy of which is attached hereto as Exhibit "A"; and WHEREAS, on August 2, 1994, the City and the Chamber entered into that First Amendment to the Agreement, a copy of which is attached hereto as Exhibit "B", and WHEREAS, the City and the Chamber will mutually cooperate to create an Economic Development Transition Committee ("EDTC") for the purpose o,`. studying and researching the best structure for an Economic Development Corporation ("EDC") and to develop the charge to the EDC. ARTICLE 1. That the City and Chamber hereby amend Article 1 "Office of Economic Development° of the Agreement as amended, to read as follows: 1. Office of Economic Development Created. During the term of this Agreement, the Chamber shall maintain an office of Economic Development ("Office"). ARTICLE II. • That the City and Chamber hereby amend Article 2 "ECOrlpmiC Development Committee Created" of the Agreement, as amended, to read as follows: 2. Economic Development Transitiou.Committee Created. In order to promote a program for economic development, the parties agree that an Economic Development Transition Committee b (11EDTC11) will be established and seated no later than October 1, 1995, unless thl.c date is extended by mutual agreement of • • the parties. The members of the EDTC, who shall represent the diverse interests of the community, shall be composed of seven persons, four of whom will be appointed by the City Council and three of whom will be appointed by the Board of Directors of the Chamber. The EDTC will replace the current Economic Development Advisory Board ("Board") and assume all responsi- bilities, duties and authority previously assigned to the Board. 0 Mimi • _ w • Agendaltem Date In addition, the EDTC is charged with accomplishing the following tasks; a) Develop Economic Development Corporation ("EDC") mis- sion/operating principles, b) Study other economic development charters and make choices of positive aspects of each that would lend to success of EDC. c) Tour the most successful EDC's in country ar.d document recommendation of beet structure and outline results- oriented goals. d) Determine long-range financing of economic development program and EDC operation; assess potential success of economic development sales tax. If positive, develop strategy and campaign, and make recommendation to City Council to call election. e) Define roles with regard to financial responsibility and authority of economic development financial contributors (i.e., investors, City Council, Public Utility Hoard). f) obtain counsel for promulgation of charter for EDC. g) Present justification for corporation charter at joint meeting of City Council and Chamber of Commerce. h) Present justification for long-range financing of EDC programs at joint meeting of City Council and Chamber of Commerce. i) Draft internal operating policies for final adoption of the EDC. j) Recommend detailed line item operations budget for first year activities related to establishment of EDC. k) Hire experts/consultants f or expedit ious and professional implementation of short term objectives, i.e., financial analyses, team building, and economic development consul- tants. 1) Develop economic development program operational perfor- mance indices. • M) Continually work at strengthening coalition with inves- tors of economic development program, n) Develop and provide written bi-monthly status reports reporting on the progress of the above-mentioned tasks, and on expenditures to the date of the report. Provide i Page 2 • G) • M ~gendaNo._ _ 4gondaltorrlr-._.___..~.. - the Chamber, Board, and the City Council with a written final report, no later than March 31, 1996 unless that date is extended by mutual written agreement of the parties, which, if it concludes that the formation of the EDC is justified and in the best interest of the entire community, shall include, without limitation, a proposed budget for the EDC, recommendations for the formation and proposed organizational structure, a final draft of the charter, and an analysis of the one-half cent sales tax as a funding option as well as an analysis of other funding options. The EDTC will also be responsible for the development of the charge to the formal EDC including, without limitation, the following: a) Conduct oral interviews with City Council members and Chamber Executive Board members for purposes of annual EDC effectiveness assessment. b) Conduct recruitment ar, make selection of C.E.O. c) Hire experts/consultants for expeditious and professional implementation of short term objectives, i.e., financial analyses, econometric models, land planning, develofinent specialists, engineering, public relations, team build- ing, and economic development consultants. d) Develop and implement five-year strategic plan. e) Set measurable first year goals and establish priorities for tasks. f) Prepare pay structure, organizational design, job descriptions, performance measures and incentives. g) Monitor performance results and conduct performance reviews of CEO. • h) Develop annual operating business plan and maintain performance indices. Review quarterly and make adjust- ments. i) Continually work at strengthening coalition with inves- tors of economic development program. s • J) Adopt internal operating policies. k) Publish annual performance report. 1) Analyze and publish cost/benefit of efforts. m) Develop periodic comparative analyses, is., land purchas- Page 3 • r ea • -~gendarv~ Agnndalturi,____.. Late es, infrastructure expenditures, etc. n) Establish business retention and account management activities. o) Develop and market industrial parks. P) Meet with major land owners/developers to determine desire, interest and plans for development. q) obtain firm market prices on parcels of land available for industrial development, r) send requests for proposals to national brokers for development of industrial parks. s) Purchase, if appropriate, land and develop specific buildings to meet goals. t) Establish linkages with higher education institutions and implement strategies to better leverage university research and educational assets. u) Interview corporate CEO's and invite input to process and survey as to need for customized training programs. v) Establish technical training center. W) Establish brand imay- and develop marketing campaign. X) Establish and strengthen <;trong ties anc1 relationships with Dallas and Fort Worth hambers and the North Texas Commission. Y) Participate actively in metroplex MIDAS group. Z) Develop first-class marketing video. as) Conduct high profile events (i.e, golf/tennis tourna- ments, symphony/ theater events) for stockholders and development contacts and periodic special events/tours for metroplex and national brokers and relocation consultants. bb) Conduct at least one international marketing tour each • year. • ARTICLE IV. That the City and Chamber hereby amend Article 4 "Support Services and Funding" of the Agreement, as amended to read as follows: 1 Page 4 • m • ~endaNo..,-_ 4. 5_V rt0jervices and Funding. The Chamber shall provide the office space, equipment and support staff necessary to the operations of the Office. The City shall provide funding as approved in the City's budget which shall be adopted on or before the 20th day of September of each year. Of the amount appropriated for each year, the City sha11 pay the Chamber one-half on October lst and the remaining half shall be paid on the following April lat. Thereafter, the City shall provide annual funding in the amount appropriated for that purpose by the City Council. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate from the Chamber's general operating fund, and shall only be used for the purposes provided for in this Agreement. The Office shall keep current and accurate records of all funds received and expended, whi^h shall be subject to inspection by the City at all reasonab?e times. The Chamber Economic Development Office shall provide monthly status reports to the City on the progress of the Economic Development Program, which shall include a descrip- tion of expenditures of the office made with funds appropriat- ed by the city. Annually, during the budget process, the Chamber shall submit a program budget request to the City Manager. The City shall then evaluate the progress of the Chamber Economic Levelopment Program and, at that time, determine whether to continue appropriations to support the office tPe collowing fiscal year. Special studies, research, travel expenditures and operational expenses, including city administrative expenses relating to support of the Economic Development Transition Committee, will be funded as a line item in the 1995/96 Chamber Office of Economic Development budget. Until such time as the Economic Development Corporation is formally established and in operation, the chamber will remain accountable and liable, through the direction of the President, for fiscal management, disbursement of funds, and supervision of Economic Development chamber staff and fulfill- ment of the original program goals. ARTICLE V. • That save and except as amended hereby, that all the terms and conditions, sections, sentences, paragraphs, and phrases of the , • Agreement, as amended, shall remain in full force and effect, Page 5 • 211 • agenda No IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized Mayor, and the Denton Chamber of Commerce has caused this Agreement to be executed by its duly authorized Chairman of its Board of Directors on this day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DMFT BY: DENTON CHAMBER OF COMMERCE BY: ATTEST: • BY: _ SECRETARY E:\WVDOCE\KMxuMEE. ED7 i Page 6 • _ fz► • 410 r/ RESOLUTION Board of Directors Denton Chamber of Commerce Q~9fldalaBllL,..__ WHEREAS, the Board of Dlractors of the Denton Chamber of Commerce recognizes /tthhe Importance of maintaining a formal partnership with the City of Denton to operate a lnt Office of fconomic Devekpmeru; and WHEREAS, per one or the specific recommendations of the Competitive Anahysk, funded jointly by the Denton Chamber of Commerce and City of Denton, which was conducted by PHH Fantus Corns0ing and received in Febrc vy 1995, proposes that the present Economic Development Partnership be revamped; and WHEREAS, the Board of Directors of the Denton Chamber of Commerce has reviewed, and agrees with a proposal submitted by the City Council on May 23, 1995 which calls for the appointment of a seven person, Economic Development Steering Committee to discuss and prepare a mutually acceptable plan for the reorganization of the present Economic Development Partnership; , NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Denton Charnber of Commerce does hereby: (1) Endorse the appointment of said Economic Development Steering CommRtee to Immediately replace and assume all responsibilities and funding of the current Economic Development Advisory Board, with the Board of Directors of the Denton Chamber of Commerce to name three members; the City Council to name four; but allow the new Steering Corrsmwm to select Its own chal(; and (2) Specifically aurhurize sald Economic Dawlopment Steering Committee to: (a) Recommend a now organization structure, with the Intent of ultimately aadng a formal Economic Development Corporation, separate from both the Derrroa Chamber of Commerce and City of Denton; end lb) Develop a charter and Ic ently funding mechanism(s) for said EDC; and W Recommend operating policies and strategic ptan for said CDC, Including adpropriate location of offices, as well as technology links and equipment needs; and (d) Recommend appropriate number and profile of CDC Board of Dhecton; and (3) Until such lime as said Economic Development Corporation has been formally approved and In operation, advocate approprlate amenchmnls to the present funding eontrad between the Denton Chamber of Commerce and City of Denton to ensure eondnuetion of; (a) the existing sources of financial support; and • (b) the existing economic development personnel employed by, and ofticed A the Denton Chamber of Commerce, Passed and approved by the Board of Directors of the Batton Chamber of Commerce during its regular monthly meeting on )une 22, 1 "S. e ' • e Priscilla Sanders ChaIrmn of the Board ATTEST: Charles W. Carpenter President ( i HANDOUT TO COUNCIL 8-1-95 tgondalPan>~~..,,., - MY of DENTON, TEXAS MUNICIPAL BUILDING 0 215 E. MCKINNEY a DENTON, TEXAS 76201 (817) 566.8200 o DFW METRO 434.2628 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer DATE: August 1, 1995 SUBJECT: DISTRIBUTION OF HOTEL. OCCUPANCY TAX Attached is an allocation summary of the hotel occupancy tax for 1995.90. The summary shows the distribution of 831,980 which was reserved for alternate organizations during previous Council discussions of hotel occupancy funds. The allocation of the 831,980 per Council's direction is as follows: Denton Main Street Association 8 15,000 Denton Amphitheater Association 3,000 Denton Festival Foundation 3,000 Denton Black Chamber of Commerce 5,000 Denton Historic Landman. emission 1,000 Hotel Occupancy Reserve 4,980 831,980 Each of the above organizations will be presenting to Council on August 22nd a proposed budget on their intended uses of these funds. Payment of hotel occupancy funds will be allocated in four quarterly installments. If you have any questions please advise. Thank you. b ~ • 0 JFrlh AFFOOF01 "Dedicated to Quality Service" • 9) • • HOTEL OCCUPANCY TAX SUMMARY } 1994-95 1994-95 1994-95 1995-96 1995-% 1995-% 19%-97 19%-97 19%-97 Actual Percent of Ter Rate Tax Rate Percent of Proposed Tai Rate Percent of Proposed Budget Tax Revenue Allocation Allocation Tax Revenue Budget" Allocation Tax Revenue Budget"' Convention and Tourism Bureau 205,20U 40,71% 2.85.'4 2.6400% 377143% 205,920 2.6400% 37.7143% 2101038 ODAC (operations) 72,000 14,29% 1.00% 0,9300% 132857% 72,540 09300% 15.2857% 73,990 North Terse State Fair Association 68,400 13,57% 0.95% 0.8800% 12.5714% 68,640 0.8800% 12.5714% 70,013 Denton County Historical Museum 60,192 11.94% 0.84% 0.8300% 11.8571% 64,740 0.8.100% 11.8571% 66,035 Denton County Historical Foundation 8208 1.6390_11% 0.0600% 0.8571% 4,680 0.0600% _.8571% 4,774 414,000 82.14% 5.75% y5.3400% 76.2851% 416,520 5..W% 76.2857% 424,850 ,35% 0.8958% 12.7976% 69,875 0.8958% 12,7976% 71,273 'Eligible City Expenses 64,500 12.80% 0.90% Rererve 2J5005.06^!4 0.4180% 5.9716% 32,605 0.4180%5,9716% 33257 0 Sub-Total 504,000 1011.00% 7.00% 1.311811b 18.7692% 102,4801 1.3138% 18.7692% 1(4,5.10 1 Dcnton Main Strccl Association 1.5000 Denton Ampitheater A&wcialioo 3,000 1 Denton Festival Foundation 3,000 Denton Black ('hamber of Commerce 3,000Denton IUstorie Landmark Commission 1000 Sub-Total Alternate Organizations - -03462%r 4.9451% -27,000 0.3462% 4.9451% 27,540 Total Projected 7.0000% 100,0000% 546,000 7.0600% 100.0006,76 556,920 7.0000% 100.0000% 546,000 7.0000% 100.0000% 556,920 • -Caw I .kw to 01010 9Iry rq..w Lew So!91 a.,p.q h.Y Y Y.d, ..Mr.rwa.l W.,, 09 far W dl.wl lrY far y d~Yl W IKw,I.OOAC MIMYt }rH Y Aw d CIry9 eww.1 ib.d (Cw. 1w, W b Ce.p.9 nwlw. e.wd oi n.w Im9wd fM (Sti)y9,aw Yaw90 ~ M .a,d 11991 ^M Idwloa.rywy dr rw. hd a.wd o. rulw.w4 t%oI J%) MIw., W..w aw Ike I M -90b.dr.9 • C:IWR24ITAXMSUM6.WK1 OSMI195 07:50:SOPM Y I i t 1 4 e HANDOUT COUNCIL 8/1/95 Carl G. Young, Sr. 321 Mill Street Denton, Texas 76205 July 31, 1995 Dear Mayor, Honored Colleagues on the Council, Ladies and Gentlemen: Three weeks ago, in the heat of debate, I said something that I wish I hadn't said. I wish I hadn't said it because it was wrong, and it was insulting to the people on this council and in the community. What I said was in the debate over whether to rezone for a motel on I-35. Apparently, some of the people who opposed that rezoning felt like I was accusing them of racism. That is an ugly word for an ugly thing. We need always to be on watch Lor it. But on this question, after deep reflection and prayerful concern, I am absolutely convinced that racism played no part in that discussion. There was no racism on the part of you, my honored colleagues on this city council, and there was no racism among those persons from the Denia Park neighborhood, who opposed this proposed rezoning. I am sincerely sorry that I said what I did. I was wrong, and I hope that you will find it in your hearts to forgive me. Sincerely, Carl G. Young, Sr. • {