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HomeMy WebLinkAbout09-19-1995 • C -.,,u.try:~x'FF.r~a~'t'rfSRf~s~va$ni."rvF.ti, CITY COUNCIL AGENDA PACKET 9-19-95 • i Y ti o • AGENDA 40, CITY OF DENTON CITY COUNCIL September 19, 1995 Closed Meeting of the City of Denton City Council on Tuesday, September 19, 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 be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:45 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discuss contemplated litigation concerning the request to rezone 1.753 acres from SF-7 to O zoning on the south side of 135-E and Lindsey Street. 2. Consult with the Attorney on contemplated litigation regarding paving liens and potential settlement of such contemplated litigation. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Deliberate the purchaal-, exchange, lease or value of the property located south of McKinney between Loop 288 and Woodrow Lane and confer with employees of the City to receive information and to ask questions regarding this real property transaction. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, September 19, 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 7:00 p.m. 1. Pl%dge of Allegiance • 2. C isider approva' of the minutes of July 3-j, 995. 3. Consider approval of an exception to the nc_ a ordinancd for Cipricho Show at the North Texas State Fairgrounds on Saturday, September 23, until 1:00 a.m. • 4. Public Hearing ' • • J A. Hold a public hearing and consider rezoning a 3.753 tract from SF-7 to Office and consider adoption of an ordinance rezoning 3.03 acres from single Family I (SF-7) to office with conditions. The land is located on the south side of IH-35, about 200 feet east of Lindsey Street. (The Planning and Zoning Commission recommends approval of the rezoning of 3.03 acres to Office with conditions, 5-1.) O 0 • v • AQNrtlt No City of Denton City Council Agenda September 19, 1995 Page 2 5. Resolution A. Consider approval of a resolution amending Appendix A of the Denton Development Plan by changing the boundaries for Intensity Areas 99 and 119 defined therein in conformity with the m -p attacred hereto and incorporated by reference herein as Exhibit 1, by extending the boundary of Intensity Area 119 along the south side of I35E to its approximate intersection with Lindsey Street, and reducing Intensity Area 99 correspondingly to accommodate the expaision; and amendinv the concept map of the Denton Development Plan to confr..-m therewith. (The Planning and :zoning Commission recommends approval 5-1.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background f information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attac'ied to the otdin*nces (Agenda items 7.A, 7.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids arA Pr-- Nxse Orders: Bid 01789 - Ti Channel Pinks 2. Bid 01790 - 100 MBPS Network Backbone Equipment • 3. Bid 01791 - Diesel Powered Electric Generator 4. Bid 01801 - Janitorial Services 5. Bid 01785 - Addition to Denton Municipal Generating Station 6. Bid 01798 - Metal Building 7. Bid 01799 - Egan/Panhandle Area Water/Sewer Utility Rep.acement and Rehabilitation • 8. RFP 01774 - University of North Texas • 7. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid 01789; 6.A.2. - Bid 01790; 6.A.3. - Bid 01791; 6.A.4. - Bid 01801) • 0 • 0 • 1Qwl No,._,_...~..,~ City of Denton City Council Agenda %"Itp September 19, 1995 Page 3 0. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.5. - Sid 11785; 6.A.6. - Bid 01798; 6.A.7. - Bid 11799) C. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (6.A.8. - RFP 11774) 8. Ordinances A. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Camp, Dresser and McKee, Inc. for professional engineering services relating to establishing a fee or charges under which a municipal drainage utility system may be funded. B. Consider adoption of an ordinance amending Ordinance No. 88-189, which granted a franchise to Sammons Communications, Inc. to reconstruct, operate, and maintain a cable television system in the City of Denton, Texas; consenting to the assignment and transfer of that franchise from Sammons Communications, Inc. to Marcus Cable Associates, L.P. in accordance with the terms and conditions of this ordinance; and approving an acceptance agreement; and providing for liquidated damages no to exceed $4,000 for failure to meet customer service standards. (Second Reading) 9. Resolutions A. Consider approval of a resolution authorizing the Comm '-velrp- -Ffice to submit an application tc r the i. Depart,,. of Pr, ^tive and Regulatory Service seeking tunding and ithorizing the City i Attorne; to negotiate a cont. • with the Texar • Departmc t of Proter:tive and Regu. ty Services. H. Consider ipproval of a resolution a ;epting a grant from the Texas Forest Service. C. Consider approval of a resolution approving budget adjustments for fiscal year 1994-1995. D. Consider approval of a resolution consenting to the assignment and transfer of a contract with Dynamic Health & Performance Inc. to Pacificare Wellness Company; and authorizing the City Manager to execute an assignment of the contract from Dynamic. E. Consider approval of a resolution adopting Policy No. 106-04 "Overtime". • 0 - • • t City of Denton City Council Agenda September 19, 1995 Page 4 F. Consider approval of a resolution in support of I-35 Corridor Coalition in its effort to receive federal designation of Interstate-35 as the official North American Free Trade Agreement (NAFTA) Highway. G. Consider approval of a resolution nominating a member to the Board of Manage,-s of the Denco Area 9-1•-1 District. H. Consider approval of a resolution approving the fiscal year 1996 budget of the Denco Aren 9-1-1 District, pursuant to Tex. Health i Safety Codn, Section 772.309. 30. Hold a public hearing and consider, deliberate and take action on the duties and evaluation of the Municipal Judge; consider, deliberate and take action on the resignation of the Municipal Judge; and discuss recruitment of a new Municipal Judge. 11. Consider appointments to the Economic Development Transition Committee. 12. Consider nominations/appointments to the City+s Boards and commissions. 13. Vision Update 14. Miscellaneous matters from the City Manager. 15. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments le. New Business This item sides a section for Counc Members to suggest items for :u.ure agendas. • 17. Possible Continuation of Closed Meeting. A. Legal Matters Under TEX. GOV COPE Sec. 551.071 B. Real Estate Under TEX. GOVI1 CODE Seu. 551.072 • C. Personnel/Board Appointments Under TEX. GOVT CODE • • Sec. 551.074 J t t City of Denton City Council Agenda Ap WaNeR~,,. - September 19, 1995 Page 5 C E R T I F I C A T E I certify that the ab,)ve notice of meeting was posted on the bulletin board at the C'ty Hall of the City of Denton, Texas, on the date ~f 1995 at o'clock (a.m.) (P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMFRICANS wITM DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. t ACCO02BB O i 4 • ~ i 4 • • DENTON o000 ooooo0aoooo Dle ooo: Oo o c~ o c:D o 0 o t po OOO ~ ~ ppp 000 r o H ~ Apo 000000D~~~00 CoITY COUNCIL o • • F ~+r _ r CITY OF DENTON CITY COUNCIL MINUTES July 18, 1995 The Council convened into a Closed Meeting on Tuesday, July 18, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed the potential litigation concerning the request to rezone 3.753 acres on the south side of I-35E and Lindsey Street from SF-7 to Commercial zoning. 2. Discussed the possible disclosure of confidential information relating to Disheroon v. Scott, et al. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 11 C. Personnel/Board Appointments Under TEX. GOVT CODE i Sec. 551.074 1. Considered offer of employment for Regular Part- Time Municipal Judge candidate. Council Member Cott arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, July 18, 1995 at 6:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller and Young. ABSENT: Mayor Pro Tem Biles and Council Member Krueger • 1. The Council received a report from the Denton Chamber of Commerce outlining the Chamber Board's views and actions regarding i the PHH Fantus recommendations. Mayor Pro Tem Biles and Council Member Kruger joined the meeting. Chuck Carpenter, President - Denton Chamber of Commerce, stated • that the Chamber had unanimously approved a resolution on June 22nd • in response to a letter dated May 3let from the City Manager specifying the nuggestiozs from Council regarding how to pursue a future relation,hip as it pertained to the economic partnership. It was the feeling of the Chamber that the committee should appoint its own chair. The Chamber also agreed with the make-up of the • 0 • ~pend~l ate - City of Denton City Council Minutes July 18, 1995 Page 2 steering committee and the procedures of the committee. Until the steering committee completed its purpose and mission and returned to both bodies with a recommendation, the Chamber added one clause which specified t*e fiduciary liabilities of the Chamber. It specified that until the steering committee completed its job and the two entities made a recommendation, the Chamber would still be responsible for the finances. Regarding the PHH Fantus recommendations, Carpenter stated that he would address some activities the Chamber was currently addressing. One Fantus recommendation was to help develop a "brand image" for Denton. There had been many discussions regarding this issue and the Chamber, although involved, would probably not be the sole entity determining that "image". Another recommendation was to ensure that Denton's high quality, ample workforce remained a critical asset and an attraction to new investment by providing training opportunities and linking businesses with programs provided by the educational institutions. This eventually would be an ongoing process of the Economic Development Corporation. As of April 1, the Chamber had such a task force with specified representatives from each of the entities involved. Work force training was another recommendation which the Chamber would be involved with. There was a recommendation to establish an effective mechanism for continuing dialog between City officials and business leaders regarding the regulatory process. The Chamber had a task force which dealt with this process. Another recommendation was to perform a thorough analysis of manufacturing activities in Dallas, Terrant, Collin and Denton counties to identify customers and suppliers of existing businesses. The City assisted the Chamber in conducting an initial evaluation of the area businesses. Because of the finding, it was felt that this should D% pursued in terms of preparing a marketing plan fcr this next y% •r. There was a recommendati• i to -,ke effective -awent :r , n person and through written materia:s to the Dallas Cha. ; ' h highlighted Denton's brand image nd distinguished the C y from other metropler communities. ere was a verbal recommendation from both • consult&nts on how t'• arry this out. From the Chamber's perspective, that was a idy being done. Council Member Cott fel, that the initiative with Dallas/Ft. Worth was great but to be careful when dealing with Love Finld. Council Member Brock stated that one of the activity points ' • suggested broadening the existing town/gown meetings to include • businesses. Carpenter stated that the meetings now included, by design, representatives of all governmental entities in the City. J • P • "No 080 da I SCf nr--....-►..~...r.._ City of Denton City Council Ainutes July 19, 1995 Page 3 Council Member Brock stated that one strategy was to attain air quality compliance and expand public transportation to serve employment centers where possible. She felt that access between different points with sidewalks and bike trails should be added. Citizens had pointed out to Council that it was difficult at times to get to places when walking. Carpenter stated that the Chamber's main involvement was to comply with the air quality standards. 2. Council received a report, held a discussion and gave staff direction regarding the recommendations by the Parks and Recreation Advisory Board for proposed changes to the City ordinance related to alcohol in parks. Ed Hodby, Director of Parks and Recr,,ation, stated that on June 13th the Council approved a motion to keep the 10:00 p.m. park curfew, to ban alcohol at all parks and to allow variances to the alcohol ban for special events. At `.hat meeting, the Council directed that the motion be forwarded tc the Parks and Recreation Advisory Board for their consideration and recommendations. A special Park Board meeting was held on July 6th to solicit public input. In addition the Board met on July 13th to consider that pubic input and forward these recommendations to Council: (1) maintain the current park curfew hours at 10:00 p.i. to 6:00 a.m.; (2) prohibit the possession and/or consumption of alcoholic beverages in City parks and in public improvements within such parks, except for Civic Center Park; (3) prohibit the possession and/or consumption of alcoholic beverages within the parking area and wit'ain the swimming pool in Civic Center Park; and (4) deny any requesta for variances or exceptions to the proposed restrictions on alcoholic beverage pn-a.•, 'on and/or consumption in parks. Appro imately 50 people a%..ena~: Lhe Park Board's cp_%;ial sess 3n on Jury 6th. Of those So people, 10 citizens spoke on the subject and 9 submitted opiri„is in wri ing. Staff also received 30 comrants from citizens ry phone cal s r.nd/or letters. In all staff docimented the opinions of 49 citi:sns with 37 in favor of a full bai without exception or variance with the balance split between hf.vi.ng a partial exception or keeping the policy as it currently was. The Civic Center Park was recommended to be an exceptior, to the changes in the irdinance as staff felt it was prudelt to accommodate special events such as the Arts and Jazz Festival which • derived revenue from the sale or distribution of alcohol. The ' Chief of Police and the Attorney Office's worked on this issue with • • the Parks Board and agreed with the recommendations. Brock motion, Bales seconded to direct staff to prepare an ordinance which incorporated the recommendations of Park Board. • 0 • • J WO No. tiff - City of Denton City Council Minutes July 18, 1995 Page 4 Council Member Young stated that he was concerned about the Juneteenth celebration in Fred Moore park. He requested a variance for Fred Moore Park only for the Juneteenth celebration. The Juneteenth celebration raised funds for different community projects. Since the ban of alcohol in .he parks the event had suffered. Young motioned, Krueger seconded to amend the motion to add Fred Moore Park for special events variances. Council Member Brock felt that once exceptions and variances were given, it would be difficult to control such. The Legal Department pointed out those difficulties and the fact that the City could not deny exceptions to any group once one was given. This would open the door to all sorts of requests. Legally it would be impossible to deny a variance of this sort. She felt it might be appropriate to have part of the Juneteenth celebration at Civic Center Park as initially the first African-American community was centered in the Civic Center Park. Having a celebration of the earlier history of Denton would be appropriate in Civic Center Park. There was a historical marker in Civic Center Park designating the original settlement of African-Americans in Denton. If the amendment was passed, Fred Moore Park would be singled out as a place which would be open to alcohol and all of the associated problems. The members of the community indicated at the NICE meetings and also at the public hearing that they did not want Fred Moore Park opened for alcohol. She felt that this would be another means of getting alcohol in Fred Moore Park as this was not a new ordinance to prohibit alcohol in the parks. Mayor Pro Tem Biles stated that citizens from District 1 and other parts of the City indicated that they had a strong concern about alcohol in the parks. The North Lakes and McKinna Park area residents had concerns that this would not create an image for Denton. Within days of this issue coming to Council, he visited • Fred Moore Park and the other City parks. He heard council Member Young express a desire to have even-handiness in the approach. The recommendation of the Board obtains that approach. Fred Moore Park was not any different than any other neighborhood park. Permitting the process would be asking for trouble. He agreed with Council Member Brock to not support amendment. e Council Member Young stated that the City forced individuals from ' • • I Quaker Town and forced them over into southeast Denton thus J creating two separate societies. This segregation went on until the 196018. When this issue came up, it was about equality. The people in southeast Dento•idid not want to leave their neighborhood and come back to th^ Civic Center Park for their Juneteenth J • 0 • DO City of Denton City Council Minutes July 18, 1995 Page 5 celebration. The Civic Center Park was a constant reminder of what happened to the Black people in years past and no Black people would point with pride to that park. The City hired the Klu Klux Klan to scare people out of the area and it would not be fitting to hold the Juneteenth celebration in the area. The people should not have to leave their park to hold their celebration. A majority of the people in that araa had asked for this variance and majority ruled in America. Council Member Krueger stated that the same people would be attending the Juneteenth celebration in the Civic Center Park as in the Fred Moore Park. If alcohol was allowed in the Civic Center Park and not in Fred Moore Park there was no difference in that scenario. If alcohol way going to be removed from the parks, then all parks should be included. It was not fair and the right message was not being sent. If there was going to be equality and all treated the same, then there should not be alcohol in any park. Council Member Cott stated that he agreed with Council Member , Krueger. The Jazz Fes`ival was not based on beer and wine sales. He felt that there should be no alcohol under any circumstances in the Cityes parks. Council Member Young stated that the people in his district agreed that it was not fair to be able to drink it `.her parks and not in Fred Moore Park. He felt that alcohol sh • + be eliminated from all of the parks with no variances which wL I provide equity. Council Member Miller stated that he had attended the NICE meetings and the last two meetings were heavily attended. He heard people indicate that they did not want alcohol in Fred Moore Park for any occasion. If alcohol was allowed in a park on a permit basis, 1 anyone would have to be allowed. The Ci.tc Center Park was a total community park, centrally located and available for all citizens of the community. That was one area for all citizens to use and was 1 • a park for all citizens to use. He would not support the amendment as the people did not want. Council Member Young stated that Council Member Miller had only attended one NICE, meeting. Young stated that he won an election and that was one of the main issues. He had 310 votes which was a majority of the people in the district who wanted this amendment. • He wished the Council would respect the voting public in his • • district. This was what the people told him that they wanted. J Council Member Brock stated that when she was elected, she was elected to represent not just the people who voted for her but also those who voted against her and those who did not vote at all. { 1 E • v • Agenda}te (cif - City of Denton City Council Minutes July 18, 1995 Page 6 There were over 17,000 people in District one with many ways to look at this issue. The Council had an obligation to look at the total community. There were many residences and churches in the area and the Council needed to look at all those around the Park and not just 310 people. Council Member Young stated that no matter how many people voted or the number of people in a district, the majority of the election won. The majority ruled and this was what the people said. The people in his district indicated that they were tired of white people telling them what was good for them. They were able to make their own decisions as a community. No one group dictated policies to the majority. The NICE group of 10-11 old ladies was dictating policies. Council Member Cott called the question. On roll vote for the amendment, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "nay", and mayor Castleberry "nay". Motion failed with a 3-4 vote. On roll vote of the main motion, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles Olaye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 3. The Council received a report and held a discussion regarding the Denton Central Appraisal District's proposed budget. This item was considered during the Regular Session under } Miscellaneous Matters from the City Manager. i 4. The Council received a report, held a discussion and gave staff direction concerning Chapter 143 of the Texas Local Government Code, the State Civil Service Law that applies to sworn City of Denton police officers and fire fighters. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The council convened into a Regular Meeting of the City of Denton City Council or. Tuesday, July 18, 1995 at 7:00 p.m. in the Council Chambers of City Hall. j PRESENT: Mayor Castl~herry; Mayor Pro Tem Siles; Council Members • r` Brock, Cott, Krueger, Miller and Young. ABSENT: Council Member Brock • 0 S • r_ O • r 1 AP*No City of Denton city council Minutes July 13, 1995 Ydge 7 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Council Member Brock joined the meeting. Mayor Castleberry presented the Yard of the Month Awardsr Carole and Everett Mabry The John Family Sarah McDade Kerry Martin Exposition Mills Mayor Castleberry indicated that a new award was being presented which was a combined effort of the Keep Denton Beautiful Committee along with the Main Street Project. This was a monthly award which included the downtown area. The award for this month would be , going to Wallpaper, Blinds and Design 2. Citizen Reports A. The Council received a citizen report from Dessie Goodson regarding general issues concerning the City. Ms. Goodson stated that since 1993 she had been to Council numerous times to present concerns regarding the SPAN system. These conditions had gone on long enough and there needed to be something done. She cited instances when the trollies were not running on time and were either late or early. She had a Parks brochure which detailed SPAN meals and the cost of the meals. She wanted to know about the cost of the meals as she was denied a meal as she could not pay the cost. She had asked for a meeting with Michael Morris and other representatives to discuss SPAN. The City Manager did • not attend the meeting but rather sent Joseph Polo who was representing the City well. 3. Consent Agenda Brock motioned, Cott seconded to approve the Consent Agenda. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", , • Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion • J carried unanimously. A. Bids and Purchase Orders: 1. RFSP 01762 - Public Transportation • b y • _ o Apledt No City of Denton City Council Minutes July 18, 1995 Page 8 2. Bid 11777 - Health Insurance Actuarial Consulting Services 3. P.O. 056358 - RMT Jones i Neuse 4. P.O. 155812 - Plank Company 4. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 4.A. - 4.D. I Cott motioned, Biles seconded to adopt the Consent Agenda Ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Maynr Castleberry "aye". Motion carried unanimously. A. NO. 95-129 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (3.A.2. - Bid 01777) B. NO. 95-130 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (3.A.1. - RFSP 11762) C. NO. 95-131 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. (3.A.4. - P.O. 155812) D. NO. 95-132 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY • MANAGER TO EXECUTE A PURCHASE ORDER WITH RMT JONES i NEUSE INC. FOR PROFESSIONAL SERVICES RELATING TO APPLYING FOR AN EPA TITLE V PERMIT FOR THE ELECTRIC PRODUCTION DIVISION FOR THE CITY OF DENTON; AUTHORIZING TH5 EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (3.A.3. - P. 0. 056358) 1 0 0 • _ Q • City of Denton City Council Minutes ~Qer+Qo~N July 18, 1995 ~f! Page 9 5. Resolutions A. The Council considered approval of a resolution authorizing the City Council to appoint a special citizens advisory committee for the capital improvement program. City Manager Harrell stated that this resolution would form a citizens advisory committee for the CIP program. This resolution was modeled after a resolution approved for the 1986 committee. Per Council direction the committee would consist of 50 members with a chairperson. Each Council Member would appoint seven members to the committee and the chair would be elected by Council as a whole. The CIP Citizen Committee would look at the drafted CIP approved by the Planning and Zoning Commission and make any recommended changes by reordering priorities or deleting projects and forwarding those to Council. Council would finalize the CIP and then proceed with an election in late fall or early spring. Subcommittees might be fnrmed to deal with various aspects of the 1 CIP. Mayor Pro Tem Biles expressed a concern with the subcommittees as he felt it might be premature to establish subcommittees. Council might want to discuss that area before the subcommittees were established. Council Member Brock felt that the CIP committee would detail what the subcommittees would be. Council Member Miller asked if a schedule had been determined for when nominations would be made and a schedule for the election. He recommended staff return at the next meeting with a schedi le for consideration. The following resolution was considered: NO. R95-074 f A RESOLUTION AUTHORIZING THE. CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. O BrocY. motioned, Cott seconded to approve the resolution. On roll ' vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock J "aye", Biles "aye", and Mayor Cr.:tleberry "aye". Motion carried unanimously. • A I 4QefIQi NO ~Adal~ City of Denton City Council Minutes two_ July 18, 1995 Page 10 B. The Council considered approval of a resolution authorizing the City Manager to submit an amendment to the 1995 Consolidated Plan for Housing and Community Development submitted on July 6, 1995 to the U. S. Department of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. (The Community Development Advisory Committee recommended approval.) Barbara Ross, Community Development Administrator, stated that the resolution would reduce the HOME Funded Programs included in the Consolidated Plan. The reduction was necessary because the City would not be receiving $90,000 in State HOME funding. Last year the city received $115,000 from the State of Texas to supplement State HOI(E funding and then was designated as a participating jurisdiction under the HOME program which made the City ineligible for State funding. The Community Development Advisory Committee suggested discontinuing the Rental Rehabilitation Program with the funding for the Optional Reconstruction Program and Housing Rehabilitation Program to be reduced. NO. R95-035 A RESOLUTION AUTHORIZING THE CITY MANAGER TL SUBMIT AN AMENDMENT TO THE 1995 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED ON JUNE 60 1995 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19740 AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye's, Young "aye", Cott "aye", Krueger "aye", Brock • "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution appointing Robin Ramsay as Part-time Municipal Judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for his terms of employment; establishing term • of office for part-time municipal judge; and declaring an effective • O date. This item was not considered at this time. • O M1Y - • _ o • r rate City of Denton City Council Minutes July 16, 1995 Page 11 6. The Council considered and took action to suspend the council Rules of Procedure and to reconsider a motion to request the City Planning and Zoning commission to initiate the rezoning of 3.753 acres on the south side of I-35E and Lindsey Street from SF-7 zoning to Office zoning with the condition of no motel or hotel use, and any other conditions which the Planning and Zoning commission deems necessary. City Manager Harrell stated that this item was placed on the agenda at the request of Council. Brock motioned, Miller seconded to suspend the Council's regular rules and procedures in order to discuss the item at this time. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Krueger motioned, Young seconded to reconsider the original motion. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Miller motioned, Brock seconded refer the proposal back to the Planning and Zoning Commission to consider a request for rezoning of 3.753 acres on the south side of I-35E and Lindsey Street from SF-7 zoning to office zoning with the condition of no motel or hotel use, and any other conditions which the Planning and Zoning commission deemed necessary. Biles. motioned, Young seconded to amend the motion to refer the proposal to the Planning and Zoning Commission for office zoning with no conditions. On roll vote of the amendment, Miller "nay", Young "aye", Cott "nay", Krueger rlaye", Brock "nay", Hiles "aye", and Mayor • Castleberry "aye". Motion carried with a 4-3 vote. on roll vote of the main motion as amended, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 7. The Council received a report and gave staff direction • requesting from various organizations to receive hotel occupancy • • tax funding. Jon Fortune, Chief Finance Officer, stated that Council had directed staff to initiate contract negotiations with the North Texas State Fair Association, the Greater Denton Arts Council, the V • Q e f Qenda nu ig8fid21tERl City of Denton City Council Minutes July 18, 1995 Page 12 Convention and Visitor Bureau, the Denton County Historical Museum and the Denton County Historical Foundation. The contract for each recipient would include the funding methodology detailed in Scenario A with one exception. The change was that .05% of the money previously allocated to the Historical Foundation would be distributed to the Museum in their contract. Mayor Castleberry stated that there were other organizations which had asked for funding. Carol Short stated that the Denton Arts and Jazz Festival was a free event held annually in the Civic Center Park. It was produced by the Denton Festival Foundation in cooperation with the City of Denton, the Dallas/Fort Worth Musicians Union and 120 sponsors. This was the 15th festival but only the 5th in Denton Civic Center Park. The Festival helped promote Denton's cultural and artistic strengths. The Festival needed the City's help to continue their promotions and marketing. Dianne Edmondson stated that she was representing the Denton County Amphitheater Association which was seeking to become part of the team which developed tourism in Denton. She had talked with Scott Joslove in the Attorney General's office regarding the funding by the City for the Amphitheater. She had asked Mr. Joslove if it would be legal for the City to fund a start up operation such as the Amphitheater Association. Joslove indicated that he saw no reason why a startup group could not be funded and that it was done often in other parts of the State. The Association asked that their request be considered on the basis of what the organization could do for Denton. Warren Seals stated that he was representing the Denton County Amphitheater Board of Directors. The Association needed funding to start advertising ~iow rather than wait until they were ready to open. It was necessary to get the word out throughout the State and e throughout the nation. It was also necessary to show City support for the project. John Baines stated that he was representing the Denton Black Chamber of Commerce which was in the process of being created. They were requesting a portion of the Lalor funds for the funding of tourism in Denton. This Chamber was organized to serve a , e presently undeserved segment of the community. At present, the e e churches, the fraternal organizations, schools and family celebrations provided a great deal of tourism within the community. Those events were putting Lalor funds into the Lalor chest. The chamber was asking for a portion of those funds. The Black Chamber was not competing with the other chambers and were in favor of a I e 0 Z r, jyG, w~r1' 7TRri°. r 0 w • City of Denton City council minutes 4Qetidalt July 18, 1995 eta Page 13 spirit of cooperation. The Black Chamber was interested in the mobilization of economics within the Black sector of the community. He requested that the Council look at this money as a investment which would come back to the community. Council Member Brock asked if this organization had considered the possibility of joining the Greater Denton Arts Council for support of their project for an African-American art festival. This cooperative venture would make it easier to gain access to City facilities, etc. Baines stated that one of his first suggestions was that the Ch-mber become a metaber of the GDAC. They were trying to take advantage of all organizations possible. Council Member Brock sv-,-isted getting the assistance of the Convention and Visitor. ..ureau. Everything the Black Chamber was proposing to use Lalor funds for would be overlapping with the Denton Chamber. Baines stated that the biggest distinction would be that within the community at present, it was not well publicized that the churches and fraternal organizations brought in people. If there was an intensified effort to bring in more, there would be a captive market to some extent and increased participation. Jane Jenkins stated that she was representing the Main Street Association. The Main Street Program was a public/private partnership which had been in Denton since 1989. For every dollar invested by the City there was a $28 dollar return by private sector investment. Last year vehicular traffic increased 351. The Main Street Program was requesting partial funding for the Denton Main Street Association. The City funding for Main Street provided a staff position and administration and operation costs. It did not provide any dollars for programming or marketing which had to • be provided through private sector funding. They would like to do a more effective job with marketing. Mayor Castleberry asked for a City Attorney opinion regarding whether these organizations were eligible for Lalor funds. Herb Prouty, City Attorney, stated that in some areas the , • organizations were eligible and in some areas they were not. They • started with several assumptions based on what the Council indicated were the guidelines to follow. Ina was that the funds payable to existing recipients, other than to the Historical Foundation were not to be reduced. In reviewing the new applicants, several had activities which fell within the limitation y d • _ o ~oendalMa~ City of Denton City Council Minutes ate July 18, 1995 Page 14 of the hotel occupancy funds for the arts. That limitation, under the Tax Code, was 151. At this time, there was very little left for this category as 13.291 of the 151 was committed. The Main Street Association had two events which fell within the arts project which had limited funding. It could ask for funding for four other events which did not relate to arts projects. The Black Chamber's African-Amarican Arts and Music Fesitval would be in the arts fund limitation. Other portions of its application had requested funding for advertising which was eligible. The Denton County Amphitteeater Association's proposed program fell within the arts fund which was limited but also was requesting advertising. Those would be eligible based on an opinioi. of Scott Joslove. There might be a practical problem as the event might not take place within the City's fiscal year. The Council would need to decide if it wanted to allocate funds for an event which might not take place in a fiscal year. The Amphitheater was also eligible for restoration of historical sites. The City of Denton Historic Landmark Commission would comply with historical restoration purposes. The Denton Festival Foundation would be limited by the fact that they were requesting arts funding although they were also applying for advertising funding. Most of the organizations were promoting activities in the arts category plats some advertising activities. Council Member Cott asked for a clarification regarding the handling of funds in one year whist, might not be used in that year. Prouty stated that these types of events would have to be advertised far in advance of the actual event. Advertising and promoting those events, even if in the planning stage or proposed stage, was allowed. The Council would need to decide whether to fund an organization and how much to fund. There could he a practical problem in that the event might not happen within the fiscal year. { • Brock motioned, Biles seconded that the item be postponed and placed on the Planning Session agenda for discussion. Council Member Miller stated that he supported the motion. originally he was opposed to extending the funding this fiscal year to other organizations. He had since changed that position and would be in favor of providing funding fo: other organizations. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. V"da No City of Denton City Council Minutes July 18, 1995 Page 15 8. The Council considered nominations/appointments to City Boards/Commissions. The Council voted on the following nominations: Electrical Code Board - Doug Grantham. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Library Board - Keith Swigger. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Sign Board of Appeals - Gene Gumfory. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. There were no nominations made at this meeting. 9. The Council considered appointments to the Denton/Denton County Sesquicentennial Celebration Committee. The Council voted on the following nominations: Effie Johnson - On roll vote, Miller "aye", Young "aye", Cott "aye", K-veger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion c,.rried unanimously. Sarah Pa.ker - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Terry Schertz - On roll vote, Miller "aye", Young "aye", Cott "eye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aya". Motion carried unanimously. • Ellen Schertz - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Tim Crouch - on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry ' • "aye". Motion carried unanimously. • Camille Milner - on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Silos "aye", and Mayor .OOF Castleberry "aye". Motion carried unanimously. • - w • t City of Denton City Council Minutes gendaIt July 16, 1995 tote Page 16 Carol Ann Ganzer - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Sherri Etheredge - on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Jane Jenkins - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "ave", and Mayor Castleberry "aye". Motion carried unanimously. Carl Anderson - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Sherri Turner - On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The following nominations were made: Council Member Young - Debra Woods Council Member Brock - Dick and Marjorie Waters Mayor Pro Tem Biles - Fran Miller 10. Vision Update Council Member Brock stated that th4 four work teams were scheduled for presentations to the Cabinet which would be a turning point in the process. 11. Miscellaneous matters from the City Mandger. Council considered the Work Session items not discussed earlier. 1 3. The council received a report and held a discussion regarding the Denton Central Appraisal District's proposed budget. Jon Fortune, Chief Finance Officer, stated that Joe Forsythe, • Director of Administration-Denton Central Appraisal District, would • • i be presenting their budget. Per the Property Tax Code, the Council could approve or disapprove the budget as adopted by the District. Joe Forsythe stated that the proposed budget had a $28,000 increase. There were no additional employees requested in this i r I U i n ~ o • r i 'Cella No ~ City of Denton City Council Minutes kyendaltem July 18, 1995 bit Page 17 I proposed budget. The longevity account would be increased from $4 a month to $8 a month due to the fact that the County had increased their amount to $10 per month. Mayor Pro Tem Hiles left meeting. Forsythe continued that the District needed to add on to the building but an architect was needed to assist with the cost of such an addition. The proposed budget included funds to work toward purchasing a geographic information system. The City of Lewisville had already confirmed in writing that they supported this budget. 4. The Council received a report, held a discussion and gave staff direction concerning Chapter 143 of the Texas Local Government Code, the State Civil Service Law that applies to sworn City of Denton police officers and fire fighters. Mayor Pro Tem Hiles returned to the meeting and Council Member Cott left the meeting. Tom Klinck, Director for Human Resources, stated that the Civil service law was originally passed in 1947 to promote fairness and equity, and combat widespread nepotism. It was designed to secure efficient fire and police departments composed of capable personnel who were free from political influence and who had permanent employment tenure as public servants. The Civil Service Law was adopted in Denton in 1949 by a vote of 230 "for" and 81 "ag4inst". h The City of Denton had operated for approximately 45 years under this system. Council Member Cott returned to the meeting. ~E Klinck stated that the Law was divided into seven subchapters. Subchapter A dealt with general provisions which outlined the • purpose, the adoption and repeal provis ins, implementation of the Civil Service Commission, appeal procedures, appointment and removal of the Director of Civil Service. Key provisions of Subchapter A included that the law applied to cities in excess of lo,oon population, which had paid fire and police departments, and which had voted to adopt this Chapter. Civil Service Commission duties were outlined in Subchapter A which included adopting and • publishing local rules, conducting investigations and inspections, • • conducting hearings on temporary suspensions, demotions, etc. The Commission conducted promotional examinations and establish the eligibility list. The Commission was subject to the open Records Act and had to publish an agenda which detailed what would be considered at meetings. Subchapter 8 dealt with the classification Y ; e 0 ~ es A QQendaNo. 4penda! teat,,-_--.~. City of Denton City Council Minutes We July 18, 1995 Page 18 and appointment process. The classifications of jobs in the police and fire departments were set by the Civil Service commission and were confirmed by ordinance by the Council. The number of positions were set by the City Council. Positions were filled only from eligibility lists. Open, competitive and free examinations must be given for qualifying persons making proper application. A position could only be filled from the eligibility list and the number one candidate had to be selected. The Civil Service system was a closed system in which an individual could only enter at the top or at the bottom. Subchapter C deal with compensation dealing with pay and benefits, salary assignment and incentive pay alternatives, acting pay and accumulation, and payment of vacation and sick leave. Subchapter D dealt with disciplinary action and provided for suspensions, demotions, terminations, appeals of these actions, and a hearing examiner process. Subchapter E dealt with leaves of absence, military leaves, line of duty injury or illnesses and reappointment afte" .•ec_,__y from disa: ",it,(. Subchapter F dealt with miscellaneous provisions L.icluding physical and mental fitness, involvement in political activities, strike prohibition, personnel records end files, and other miscellane..,es matters. Local rules were des7gned to amplify and clarify state law. Council Member Young asked how many '1frican-Ame- -ans wer. in tha Denton Fire Department. Klinck replied none. Council Member Young asked howi n; were in the ' lice Department, Klinck replied that there was one police office Council Member Young stated that the t ' ' ,ten the Civil Commission was that it was enacted in 1V49 when the Blacks ware paying poll taxes. They did not have a say in this legislation. • He asked that the City Attorney re.iew the legality of the Civil Service system being implement because minorities did not have fair participation. Herb Prouty, City Attorney, stated Council Member Young was asking if the election held in 1949 might be flawed due to the fact that Afro-Americans were not able to :vote in that election due to a poll • tax. • O Council Member Young felt that there was a problem with discrimination within the City of Denton. He recommended that a report be produced on racial discrimination in the Fire Department, the Police Department, the Utilities Department and the Parks and • - s, • Agana No City of Denton City Council Minutes 4pndal July 18, 1995 Late Page 19 Recreation Department. The report should detail a solution recommended by a committee of at least seven people; two whites, two Hispanics, and three Afro-Americans and be due in 60 days from this date. The Civil Service was just another tool to discriminate against minorities. Council Member Cott stated that he understood Council Member Young's frustration but objected to the statement that Denton was a racist city. Young's generalization was not correct. City Manager Harrell stated that the constraints placed upon the administration of the Civil Service system was not helpful in selecting and promoting the best qualified people for both of those forces. This had been a major frustration for administration for many years. The City had tried to take proactive actions to improve the minority representation in both departments but a major constraint was the roadblock it up by `he System. Other departments in the City were su: tantially +tter represo-.ited in protected classes than in the pol.ce an3 f. :e departments. Ir his ' opinion, that was due to the constraints of the Civil Service System. Council Member ing felt that there was discrimination in the City which needed to i studied and gotten rid of. Council Member : stated that this was dis-:-.issed in 1992 at that time had a what the process was to ;e.move Civil S- ce from the City. Klinck stated tha -he 1991 Civ Rights would not a w ty organization to mr' i selectic decision on race )lor r gender. There wac. -,('v State case ti the C" ~f Tyl +r 1 bypassed 47 applica:itb hi--a a Black male he Ci-, of Tyler w4s sued by the Fire Union and the City lost. , order to repeal the System, the law indicated that 10% of the qualified voters had to sign a petition requesting to hold an election. A majority of the qualified voters must vote to repeal the Chapter. There was a case out of Stephenville where the District Court indicated that the voters did not have to be the qualified voters. They could be the voters who voted in the most recent municipal el,-ion. In that case, if a petition were produced which had 104 of the voters from the most recent municipal election presented to the Council to call , for an election, then there could be an election to repeal Civil • • Service in Denton. A majority of the voters who voted in the most recent election would have to vote in favor of repealing Civil service. Council Member Young left the meeting. • i o • +pandaNo-- _ City of Denton City Council Minutes 4gendalte July Is, 1995 late Page 20 Mike Jez, Chief of Police, s%:ated that there were 10 African- Americans who were currently employed in the Police Department. In an attempt to try and address the minority police officer numbers, a number of civilian positions were established with hopes of ultimately attracting those civilian personnel to certified and commissioned police positions. Mayor Castleberry stated that there were more minorities in the Police Department than just patrol people. City Manager Harrell stated that these were non-Civil Service employees who were hired to positions in the Police D?partment. Council Member Brock asked if the District Court decision in the Stephenville case cancelled that provision in the law requiring a majority of the qualified voters who would be a majority of registered voters in order tc repeal civil service. Klinck replied that that was he issue which the Stephenville case addreszed. There was a petition presented and the election was a majority of the voters who participated in the most recent municipal election. City Attorney Prouty stated the way the statute was written, it appr-ared that it meant 10i the qualified voters which would be the voters who were regist ad. The District Court determined that it meant just the vot : in the m t recent municipal electic.. Council mber Young returner' 3 the meeting. 1 . " " "les asks, case dealt with the petition • the actual vote. City Manarrer Harrell stated that a petition was filed and the • Council called the election baseA on that petition and a majority of the voters in that election v ced to repeal Civil Service. The Council then took that action to repeal Civi Service. At that point, the Police Union appealed that action b-, the Council based on both of those grounds that the petition was inadequate. Ten percent of the qualified voters was a large number and even more of an obstacle was a majority of the qualified electors to vote in an , • election. The election was appealed on both of those grounds. The District court found in favor of the City and the City no longer had Civil Service. • 0 • a • r ` ,pens No - - City of Denton City Council Minutes kQ8nb1Wk July 18, 1995 We Page 21 City Manager Harrell presented his items: A. Council Adopt-A-Spot - Council Member Brock indicated that Council would be working in its Adopt-A-Spot on Wednesday, July 26th at 7:00 p.m. B. Council had asked for a number of work session items and he wanted to review the schedule for upcoming meetings. The Council budget hearing sessions with the City's Department heads would be on August 8th from 4:00 p.m. to 10:00 p.m. The August 15th meeting would begin at 4:00 p.m. with budget hearings and a regular session after that to hold a public hearing on the budget. The next three weeks would be set aside for Council deliberations, etc. Next week the Council would be holding the Board/Commission Reception. Normally there was a short work session prior to the Reception. Staff needed to know if Council wanted to break at r:15 p.m. and huld the session in the Council Chambers or remain the Civil Defense loom. Council Mom) r Miller state that the normal practice to hold work sessio: n the Courci Chambers. I Consensus o, the Council w. to hold t) session in t Council Chambers. 12. There w 4 -+o offic 1 t Lion taken Closed Meeti, Items at th'l time. 13 New But egg follc -ms of N. Businp-- ced by Council Memoers for ruture agendas: A. Council Member Young asked to explore the possibility of creating a police review boo.d. • 14. The Council continued a Closed Meetin,: i A. '.egal Ma'_-ers Under TEX. GOVT CODE Sec. 551.071 I B. Real Estate Under TEX. GOVT CODE Sec, 551.072 • C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered offer of employment for Regular Part- Time Municipal Judge candiate. b p f ' City of Denton City Council Minutes July 18, 1995 Page 22 Council returned into open session and took the following action: A. Council considered the following reaolution: R95-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN RAMSAY AS PART-TIME MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HIS TERMS OF EMPLOYMENT] ESTABLISHING A TERM OF OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cot "a s", Kn egc. "aye", BrL "a•',", Biles "aye", and Mayor Castlebert "aye". Motion carried ur Amously. V ch further business, the meeting was adjourned at 9:45 r i BOB CASTLEBERRY MAYOR CITY OF DENTON, TEXAS j JENNIFER WA-11RS CITY Sr, RETlRY ..TY OF V. N, TEXAS ACC002A0 1 .ri 4~u { 00 r • p • DENTON oooo0 0000 000 Q G ~ ~ CD p { © O po ~ DO DOO~ ° 4p 000 r o N T QQo °~oaQaooao°o CITY COUNCIL • a • CiTYOFDENTON, TEXAS MUN10PALBU11DWO DENTON, TEXAS 76201 TELEPHONE 817.5664309 Office of the City Secretary CITY COUNCIL REPORT TO: :tayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 15, 1995 SUBJECT: Request For An Exception To The Noise Ordinance For Capricho Show At The North Texas State Fairgrounds On Saturday, September 23, Until 1:00 A.M. BACKGROUND• Ms. Julia LoSoya representing Capricho Show has requnsted that the City Council grant an exception to the noise ordinance for Saturday, September 23, until 1:00 a.m., for the purpose of holding a concert at the North Texas State Fairgrounds (See Attachment 1). The noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after the hour of 10:00 p.m. (See Attachment 2). However, the ordinance states that the City Council may make exceptions when the public interest is served. This event has been the subject of numerous complaints in the past for loud amplified music, especially. Recently, the show has been conducted with the adjacent neighborhood in mind and with the support of the North Texas Fair Association who has attempted to 1 mitigate the noise. Lt. Paul Abbott of the Police Department reported to Staff that the most recent event did not produce any outstanding complaints. • Contrary to the request as stated, Lt. Abbott and Sergeant Burns will not be signing the rental agreement for the Fairgrounds. That is the purview of the Fair Association. Rather, they will be recommend an appropriate level of security given the number of expected attendees. • EM;RAMS. DEPARTMENTS, OR GROUPS AFFECTED: ' Arfea residents. i 'Ndwaaed ro Quahry Soria' 0 , v- a*r;;ar • ftQ s 5! R r , f 1 'Q811Qi fYO. FISCAL IMPACT: Atf None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: L 'd V. Harrel City Manager Prepared by: i r osep Portugal Assistant to the City Manager Attachments: 1. Letter from Julia LoSoya 2. Noise Ordinance i . . . .r. 0 'w JJ f q~ S- a • • t Septen'.:~Er 71, 1995 Atten: City of Denton City Council I am a representative for (a Hispanic band) Capricho Show. We have rented the exhibit hall at the Fair grounds in Denton for our function wich will be on Saturday September 23. Sergeant Burns or Lt. Abbott will be signing our rental agreement for the Fairgrounds. I would like to be granted a special exception to the Noise Ordianco for the dates listed above until 1:00 a.m. Thank you for your cooperation in this matter. /Sinrie~y-%ti ~x LoSoya O c II I • [4 ~Y 1yt 7 • • ApeitQaNc. - Chapter 20 Date NUISANCES' Art. 1. In Gsneral,112a1-W30 Art. II. Abandoned Property. If 3031-10.70 Div. 1. Generally, if 2031-2010 Div. 2. Motor vehicles, If 2041-20-70 Art. M. Gran and Weeds, 11 90.71-2073 ARTICLE I. IN GENERAL. Sec. 20.1, Noise. lal It shall be .awful for any person to ^ake or cause any unreasonably loud, dh. turbing, unneces, y noise which causes or r Ly cause mater ' 4(utreu, discomfort or to persons of ordinary sensibilities in the i.r mediate vicinity tnerrof. (b) It shall be unlawful for any per .,n :o make or cause any rwi~s of such chs ter, intensity and ntinued duration sa to su ..itially interfere with the comfortable eyc tent of private h s by persons t 'ordinary, ensibilities. (c) Th owing acts, among others, u •larcd to be not antes in violation ut this Code, but j enumeration shall not be dii 'n be excl` UU playi, I of any phonograph, telsvisii..., . or ar sical instrument in such nner , with such volume, particularly between ti, irs of 10.00 p m. and 7.00 m, as co annoy or disturb the quiet, comfort or re of persons of ordinary sen• ibiMies in any dwelling, hotel or other type or re, ice; The use of any stationary loudspeaker, amplifier _ 40cal instrument In such manner or with such volume as to annoy or di-tit p:ssoni of ordinary sensibili' in t►p tm nediste vicinity thereof, particularly bet.:sen the hours of 10:00 p.m. a,..... , a in, or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the t..y council may male exceptions upon application when the public interest will be served thereby;, • (3' The blowing of any steam whistle attachar.) any stationary boiler or the blowing of any other loud or far-rmbing ens .1e within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. and 8:30 p.m., Monday through • 'Cross refenacse-Protected migratory bird roosts declared nuisance. 18.87; inspection • • and abatement warrants, 119-66 at seq.; insect and rodent control in mobile home and rec• reational vehicle parka, 1 32.91. &pp No 1 1389 • O ' f 4:+ • Venda No 11241 DENTON CODE I&Mdallerr., as Saturday; provided, however, that the city council may issue special Permits for such work at other hours in ease of urgent necess ity and in the interest of public safety and convenience; (5) The creation of any loud and excessive noise in co,%nfttion with the loading or un. loading of any vehicle or the opening or destruction of balsa, boxes, crates or eon. tainers; (61 The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any paformanoe, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Cod: 1966, Of 14.20, 14.211 Cross reference-Animal noise, 116.26. Sec. 143, Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c1 The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive, (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose or persons of ordinary sensibilities, (2) Offenaive odors from prinks itnd other similar places; (3) Offensive odors from the use or possession of chemicals or hom industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning or trash, rubbish, rubber, chemicals or other things or substances; I • i5} Offensive odors from stagnant pools allowed to remain on any promises or from rotting garbage, refuse, offal or dead animals on any promises. (Code 19M, 111114-22, 1423) ' Sec, 243. Garbage, bub and rubbish nuisances-Generally. (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and ail • stacks, heaps or piles of old lumber, refuse, junk, old cart or machinery or parts thereof, • • garbage, trash, rubbish, scrap material, ruins, demolished or partly demobahed structures or buildings, piles of stones, bricks or broken rocks on any promitts bordering any public street Supp No 1 139 • a • DENTON 0 O0000 00 F D,& ~ G O C] ( 0 co 4 DOOfi~ J~p °000 T ° N e ~dJ °oaQaooooa°o • CITY COUNCIL • O • F two ~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harr--It, City Manager DATE: September 19, 1995 SUBJE[:T: Rezoning of 3.753 acres c.` SF-7 land on IH-35 near Lindsey Street. RECONEM ENDATION: V&Z recommends approval of a rezoning from SF-7 to Office with conditions on 3.03 acres. A-; rival of the ordinance will require 6 votes of the Council, due to adjacent p:uperty owner protest. SUMMARY: See P&Z report. Since P&Z made its recommendation, Art Anderson, representing RPS Joint Ventures has objected to the conditions and provided conditions as shown in enclosure 3. Discussion between staff, Mr. Anderson, and RPS concerning these conditions are continuing. The result of those discussions will be reported to the Council. BACKGROUND: Council directed that P&Z make a recommendation concerning 3.753 acres. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Ldndowners and neighbors. FISCAL IMPACT: • Increase in tax base. Potential avoidance of difficult litigation. RESPECTFULLY SUBMITTED: Lloyd . Harrell, City Manager C • • l Mayor and Members of the City Council Ap*NO September 19, 1993 Page 2 APWII11,----..-. Prepared by: H. Rob ins Al Director of Planning and Development Enclosures: 1, P&Z report. 2. Draft ordinance for 3,03 acres to Office with conditions. 3. Anderson proposed conditions of September 6, 1993. AXVJM • • A • 1 gtmdaNo _ _ ENCLOSURE 1 oeotlaflem a» P&Z REPORT Case N Z-95-007 (2) September 19, 1995 GENERAL INFORMATION Applicant: City of Denton (City Council) Current Owner: • RPS Ventures, Inc. 8202 Elam Road Dallas, TX 75217 0 Owners of land of the Desert Sands Lodge Actions: o Consider rezoning a 3.753 acre tract of land from SF-7 to Office (O). The area and zoning district initiated by the City Council. • Staff has prepared an ordinance in accordance with P&Z recommendations to rezone 3.03 acres to Office with conditions. L"Uon: Southeast of Lindsey Street, adjacent to the south side of 1-35E (Set Attachment 1). Surrounding Zoning & Land Use: North: 1-35E. South: Apartments (MF-1) and single-family residences; SF-7 zoning. East: Desert Sands Lodge, bar; Corrmerc W zoning. West: Single family residential use, a church, aced vacant 'end in the SF-7 zoning district. Denton Development Plan , • • Low Intensity: Study Area #99 (Attachment 2, 117 % allocated). e • _ 61 • No Ogendalterr~__- Case Z-95-007 September 19, 1993 late Page 2 SPECIAL INFORMATION Platting The property must be platted before it can be developed. Transportation Acxss to IH-35 frontage road with one driveway allowed by current ordinance standards. Sidewalks wM be required along all street frontages. If development accesses Willowwood, improvements there may be necessary. According to the Institute of Transportation Engineers (ITE) studies, the average general office generates 288.64 trips per acre and motels generate 180.71 trips per acre. Utilities Water and wastewater lives are adjacent to the property &-A adequate to serve office zoning. Dratinap Development on the southern portion of the tract, which drams south, will require significant off-site drainage improvements, or detention. NOTICE Nineteen (19) notices to landowners in the rezoning area AW within 200 feet v ere nude at least 10 days before the P&Z public hearing. At this writing 0 replir, have been returned in favor and 18 have been returned in opposition. 39% of the land within 200 feet of the 3.753 acre trait has been protested by its owners. This rezoning will require six council votes to approve. HJUSTQgY • The land has been undeveloped for decades. Specific parcels will be referred to by former city tax lot numbers. Please refer to attachment 1. June 2, 1961 Tax lots (called lots hereafter) 14 and 34 were rezoned from the "R" Dwelling District to ttte • "B" Business District by Ordinance 61-12 (Map-Attachment 3). , June 28 and July 2, 1%1 Notice was published in the Denton Record Chronicle informing the public of the July 18, 1961, melting to hear input prior to the final decision on the new Comprehemive Zoning Ordinance and Map. • 0 "a No Case Z-95-007 Aptxl`alt September 19, 1995 LbEe__ Page 3 HISTORY (continued) July 18, 1%1 City Council (CC) holds a public hearing and gathers input from property owners requesting changes in the comprehensive zoning in fifteen areas of the city. The subject property was not one of those discussed. July 19, 1%1 CC makes decisions on the fifteen areas discussed at the meeting of July 18, 1961. July 25, 1%1 CC approves the New Comprehensive Zoning Ordinance and Map by Ordinance 61-19. Staff has been unable to locate a copy of this map, and while the subject property was not specifically discussed, staff cannot verify that the zoning remained "B" on Lots 14 and 34. August 19, 1%4 P&Z held a public bearing to consider a rezoning request by Gus Hansch, et. al., from the "R" Dwelling District to the "LB" Local Business District, on property known as Lot 14.3, Block 350C as shown on the City Tax records. The request was denied (Attachments 4 & 5). April 17. 1968 The P&Z discussed a proposed meeting with various groups regarding the new proposed zoning ordinance. j I June S, I%S The P&Z recommended approval of the new zoning ordinance and that a date be set for a joint public hearing with the P&Z and the CC. August 22, 1%8 The joint public bearing is held by the P&Z and the CC. Approximately thirty-eight (38) • citizens spoke either requesting a change in zoning, or rebutting a requested change. January 6, 1%9 A joint public beating is held by the P&Z and the CC. The meeting is called to consider the public input from the August 22, 1968, joint public hearing. January 8, 1969 • Another joint public hearing is held by the P&Z and the CC. Consideratior. continues on the • O public input from the August 22, 1968, joint public hearing. • O • i Ape to No Case Z-95-007 Ap Walten~ September 19, 1995 Date - Page 4 HISTORY (continued) January 14, 1%9 CC approves the new Comprehensive Zoning Ordinance and Map by Ordinance 69-01. December 28, 1971 CC approves Z-1137. A map used in the case shows the Commercial zoning lute at a different location from that adopted in 1969. Additionally, the map faintly shows the zoning lu a as adopted in 1969 (Attachment 6). July 16, 1975 P&Z holds a public hearing on Z-1255. A zoning map used in the case clearly shows a zoning line which corresponds to the current zoning map. September 10, 1975 P&Z holds a public hearing on Z-1258. A zoning map used in the case clearly shows a zoning line wNch corresponds to the current zoning map. May 18, 1977 P&Z holds a public heari ng on Z-1300. A zoning map again clearly indicates the zoning line as reflected on the current zoning map, and shows the zoning classification as "C" Commercial. April S, 1978 Motel and restaurant, along with 1.578 acres, is sold, apparently, without benefit of subdivision approval. Jane 22, 1994 P&Z recommended approval of a rezoning from the Commercial(C) and Single Family-7(SF-7) zoning districts to the Office(O) zoning district, conditioned with site plan approval (Attachment • 7). P&Z reviewed and placed screening conditions on the site plan concerning an 8 foot masonry wall's placement such that 75% of the screening trees would be on the outside of the wall. A new site plan was never submitted and the applicant withdrew the rezoning application in the face of neighborhood opposition. The "20% rule" was in effect. November 30, 1994 P&Z denied a preliminary plat for a 5.381 acre tract. It was not known until after this case that • the current zoning reap was in error because it had not been changed since 1969 by ordinance. • • • • • No - IV Case Z-95-007 A{l9ndaltetrl~----- September 19, 1995 (late Page S STORY (continued) January 11, 1995 P&Z directs staff to prepare for consideration and recommendation to the CC an ordinance amending Chapter 35, Zoning, of the Code of Ordinances, to clarify requirements regarding parking incidental to a non-residential use in a residential zoning district. February 22, 1995 Staff presents a report to the P&Z recommending the P&Z initiate a zoning case to address the apparent zoning trap error. The Commission voted to allow the owner of the property to initiate a case without a fee. March 7, 1995 The owner of the property filed a rezoning application as per the P&Z's February 22, 1995, action. Council passes off-street parking ordinance amendment. March 8, 1995 The P&Z holds a public hearing and recommends approval of an ordinance amendment to ' Chapter 34, Code of Ordinances, to clarify the code provision regarding the platting of a lot with i two or more incompatible zoning districts. March 21, 1995 Council approves incompatible zoning plat ordinance. April 12, 1995 P&Z holds a public hearing and on a 2.3 vote fails to recommend approval of a rezoning from the "SF-7" Single Family 7 Zoning District to the "C' Commercial Zoning District. May 11 and May 30, 1995: Applicant offers conditions or additional restrictions. See attachments It and 12; These , • conditions are summarized on attachment 13. May 16, 1995: Council postpones consideration to enable the full Council to consider the case and additional time for communication between applicant and neighbors. June 20, 1995: • Council denies rezoning to "C", Commercial on a motion to approve by a vote of 4 to 3. Six • • votes were required to approve. July 18, 1995: Council initiates rezoning to Office, no conditions. 1 • F • ape(tdaiVo Case Z-95-067 4Q8°dailEf~._ September 19, 1995 ate Page 6 HISTORY (continued) August 3, 1995: Zoning Board of Adjustment appeal. Postponed. August 9, 1995: P&Z background wort session. August 23, 1995 P&Z public hearing and recommendations made. ANALYSIS Research of the Appraisal District records were made by staff. Attachment 11 shows current per square foot appraised values. DENTON DEVELOPMF2 f PLAN (DDP) ANALYSIS There are a set of goals, objectives and policies in the Denton Development Plan which can serve as criteria for evaluation of zoning. See attachment 21 for a policy summary. INTENSITY ANALYSES The subject property is located in a low intensity area. Intensity calculations for this study area where this proposal is located were made on the basis of what the zoning reap and current land uses reflected on August 6, 1990. Since the zoning map has indicated a Commercial zoning district since 1975, apparently in erroL, and there has been no activity changing the August 6, 1990, analysis, the 117 % intensity trip allocation already inchrdes the subject property as vacant commercially zoned land. This rezoning will decrease intensity calculations for this study area. It should be noted that an intensity calculation done on the basis of the 1969 zoning shows a • reduction in the overall intensity allocation by ® 2282 intensity trips. The analysis is as follows: Overall intercity =3.733 acres x 60 trips/day/gross acre - 225.18 intensity trips. 1 Office or motel only intensity = 3.753 x 350 = 1313.55 intensity trips. R The analysis also shows that the proposed rezoning is not consistent with the Denton • • Development Plan's policy on proportionate share for a low intensity area. However, P&Z has recommended a DDP amendment to moderate intensity. I • !a • aQettdi No Case Z-95-007 Apad,ltem_-___-...._. September 19, 1995 fate Page 7 INTENSITY ANALYSIS (continued) Low Intensity Area Disoortionate Share Analysis 1. Publk Facitkies. The subject property has access to a six (6) inch water line on Lindsey Street, and sewer from an eight (g) inch line in the 1-35E access road. Street access is available from the 1-35E access [road. 2. Topography. The property has been vacant for decades and is covered with a noticeable amarnt of trees and undergrowth. The auuthern portion of the property would mluire drainage improvemcnts, the northern portion would outfall into adequate IH35 drainage system. 3. Surrounding Land Use. There is an established residential neighborhood about 200 feet to the west that has been opposed to using the subject property for a hotel/motel. However, they have said that they are willing to meet with the applicant to discuss commercial or office uses acceptable to the neighborhood. To the southeast is the Desert Sands Hotel and a building that has been used at various times as a restaurant, and as a bar. The owners of this land are opposed. To the south is more single family development, and some multi-family development directly adjacent to the subject property. To the north is I- 35E. The northern portion of the property has a number of qualities that would make it attractive for nonresidential development, the most important of which is the direct access to the 1.35E frontage road. The southern half of the property possesses less of the qualities that make it attractive for nonresidential developrnert. It Currently has m direct road access, except to the north on the I-35E access road, and across an SF-7 zoned tract (which is not part of this petition), which has frontage on Willowwood. P&Z has recommended a 150 foot deep area on the south of the 3.753 acre tract not be rezoned from SF-7. • 4. Other Polkas. Senaration and Concentration Policy Arialysis The next two tests are separation and concentration. The proposal is inconsistent with the low intensity area separation policy in that it is within 1/2 mile of another oon- • residential use. It is consistent with the concentration policy in that the subject property is less than 5 acres. ' • • If the area .vere in a moderate activity area, there would be no intensity or separation policy inconsistency. • P • ~gtlnda No - 4endaltem, Case Z-95-M September 19, 1995 +~tf _ Page 8 INTENSITY ANALYSIS (continued) NOTE: Policy is shown verbatim with staff comment in italics. Diversity /Neighborhood Protection Low density residential, small scattered sites of apartments, and nonresidential uses are encouraged in all areas of the City subject to the following limitations: 1. Strict site plan control within 1,600 feet of existing low density residential areas. Developments must maintain the character of the area with architectural design and landscaping. No site plan, design review, or architectural control has been proposed. 2. Traffic design to ensure that ,nulti-family and nonresidential uses have access to collectors or larger arterials with no direct access through residential streets. Access is to IH-35, no access to residential street. 3. The overall density /intensity standard is not violated. The intensity standard is violated in a low intensity area, but not in moderate. 4. Sufficient green space, recreational facilities and diversity of parks an provided. Not applicable. 5. Input into planning by neighborhood associations and councils is encouraged. This policy is intended to generate input and not veto power. Has occurred. Strjp Comrtrercial Any form of continuous strip commercial is strongly discouraged in or near low intensity areas. • Least intense, most logical land use nolicv In specific areas of left-out lots or where a disproportionate allocation of intensity has already been granted, the proposed development will be evaluated in reference to the least intense, most logical land use for property in the area. In addition, the effect on • the surrounding planning areas rand compatibility with other policies of the Plan should ' be reviewed. Other options that may be considered are changing zoning of vacant higher • • intensity property, expanding the intensity area by reducing the size of an adjacent area, or increasing the standard. However, this should not be interpreted as increasing the maximum intensity allocation. • • Case Z-95-M September 19, 1995 Page 9 WTENSIITY ANALYSIS (continued) The intent of the allocation policy is to mainmin an intensity balance in each area so that the intensity in the City is equally distributed. The general policy is to not allow a disproportionate share of intensity; however, depending on the area and planting remiss, certain parcels may receive more than a proportionate share. The area may be considered an area of left out lots. A motel adjacent to another motel is logical land use. A less intense zoning with other conditions would be of more benept to the neighbors. The proposal is inconsistent with many low intensity area policies. PAZ is recommending that the 3.03 acre area should be in a moderate activity area. Following is a moderate area policy analysis. MODERATE ACTIVITY AREA POLICY ANALYSIS Low Density Neirzhborbood Sousing Protrctiom Low density residential areas should be protected by -'sect site design control with setbacks, parking, buffering, and landscaping requirements. Further, traffic planning should ensure that no local residential streets are utilized for general circulation to the high or moderate intensity developments. • No site plan has been proposed. However, signs and landscape ordinances have been adopted since this policy was adopted. i • Setback from er4oing residential areas Is 200 feet on north and a condition hat been proposed for a 150 foot serbaWbrt f'er on the south. • General circulation to this area is fH-35 and its frontage road. • • A fence around the entire property and additional trees adjacent to the church have been proposed. Strip Commercial it i:; the intent of the Plan to encourage centers of activities and to discourage strip commercial • developaerm, This v6ill be accomplished by • • I) Limiting curb cuts. Onty one curb cut on 1H-35 to be allowed by current code. • as • VewaNo Case Z-95-007 Agendaltem September 19, 1995 Dote Page 10 MODERATE ACTIVITY AREA ML1CY ANALYSIS, (continued) 2) Requiring site plan review (i,e., parking, setbacks, etc,). No site plan proposed for public review. 3) Encouraging diversity on major arterials (commercial nodes broken up by high density housing, offices, etc.). The zoning would allow offices. The 1H-33 frontage road from Fort Worth Drive is gas station, morel, motel bar, proposed once zoning, with apartments to the rear. 4) Discouraging unsightly and hazardous strip commercial by requiring sign restrictions, buffering by greenbelts andlor landscaping. Sign ordinance applies . One 150 square foot, 40 foot tall sign allowed. Landscape ordinance applies. Additional trees and a fence have been proposed. 5) Limiting amounts of commerciaVretail land use in moderate and low intensity areas. Office zoning is not considered commercial/retail. HOUSING POLICY Housing and Neighborhood Preservation The intent of these policies as well es numerous other policies throughout this plan are intended to preserve our neighborhoods, the backbone of our community. Therefore, the preservation of our existing housing stock becomes a priority. The following are examples of specific policies: b. re following general policies are suggested for all neighborboods, but particularly older neighborhoods: 1) Code enforcement will have a priority in older neighborhoods. Code enforcement has occurred on this site. • 2) Neighborhoods will be encouraged to interact with the Planning and Zoning 1 Commission, City Council, other pertinent boards, and City SUM Has occurred. • In reviewing zoning, subdivision, capital improvements and other proposals, existing • neighborhoods wilt be given specific consideration to ensure stability. Compatible , • • redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. r. • ~ a • Case 2-95-007 aenCaftem,_ September 19, 1995 ate Page 11 HOUSING POLICY, contlnagd Specific review criteria vill include: 2) Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. The impact of a proposed development may be mitigated by conditions as listed in attachment 16. URBAN DESIGN POLICY 3) Specific policies. a. All developments exapt single family shall be required to provide appropriate landscaping. b. Trees shall be preserved whenever possible. C. Developments along entrance ways to the City shall conform to the following: 1) Strict compliance with the sign ordinance. 2) Provide attractive landscaped frontages. 3) Require minimal curb cuts with emphasis on the internal circulation of traffic on site. Since these policies were written, sign and landscape ordinances have been adopted and revised. Again at issue is whether additional measures are warranted at this site for any • of the uses allowed in the Office district. Staff in its evaluation of any building permit will follow landscape ordinance tree preservation criteria in an attempt to preserve trees whenever posrible. which trees should be preserved could be resolved with this zoning or deferred to staff with possible P&Z involvement in the future when a building permit is applied for. Stafo' is particularly , • interested in the preservation of the protected trees on the northeast corner, and within • • 15 feet of any other property line. • O • 0 Benda No -wdailam. Case Z-95-007 ate September 19, 1995 Page 12 OTHER GOALS AND OBJECTIVES Depending on a particular point-of-view, this proposal would seem to be consistent with the following Denton Development Plan objectives. Objective 4. Promote the development of a stable and diversified economic base to geierate increasing job opportunities and a broader tax base. The applicants will maintain that this proposal will broaden the tax base and increase job opportunities in that a portion of ground that has been vacant and undeveloped would now be developed as a motel. Objective 7. Encourage a spatial pattern of land use development which reduces the cost of public services and infrastructure. This proposal will take advantage of the fact thdt water, wastewater, and transportation access is available, thus reducing the cost of public services and infrastructure in that no additional services are required. Additionally, this proposal is "injfll" d6elopment in that a long time vacant property within the city is proposed for development rather than another location on the fringe of the city. Again, depending on point-of-view, office zoning without conditions would seem to be inconsistent with our Policies 9, 10, and 14 and may be inconsistent with entranceway policy. Staff recommends conditions be added to the office zoning. Objective 9. Protection of residential neighborhoods from the intrusion of incompatible land uses, traffic, noise and pollution. Those opposed think motel use would be Incompatible with the surrounding neighborhood. Also as clearly, the applicant thinks otherwise. However, representatives of the neighborhood have stated on the record at the Planning and • Zoning Commission that they are not opposed to all commercial uses. Generally, the impression given to staff is that the neighborhood is opposed to identifiable "nighriime" uses. Additionally, there has been one rezoning and site plan that received a recommendation of approval from the Planning do Zoning Commission (June 12, 1994), that the applicant did not take forward, and subsequently withdrew. There is no proposal for site plan review associated with this request. • The applicant's proposed conditions are intendod to mitigate the motel's impact • • and are consistent with policy 9. • O • • apeAQa No. _ _ Agendaltemr.._.V.. Case Z-95-007 Date_ September 19, 1995 Page 13 OTHER GOALS AND OBJECTIVES (continued) Existing residential development on the west is separated by a 200 foot wide SF-7 zoning district, which is now moderately covered with trees. Current regulations require that a six foot fence or plant screen be built between a non-residential use and the SF-7 zoning district because there is a house on the SF-7 tract, this house and land is owned by the applicant. No additional buffering between the SF-7 properly on the north, or on the SF-7 properly adjoining on the west of the southern part of the subject zoning request has been proposed, as has been proposed adjoining the church. Residential neighbors express concern about the dilapidated condition and appearance of the Desen Sands Motel, the adjoining bar, and that of older motels in general. 77ere is also concern about criminal activity in dilapidated older motels. The applicant has proposed planting trees 30 feet on center or about 3 trees per 100 linear feet along the church bounds This is a relative thin landscape buffer. boundary. A fence has also been proposed. The fence and trees are not required by current ordinance standards in a "straight" zoned area or in a non conditioned, no-site plan required zoning district. The applicant has proposed a minimum 150 feet wide SF-7 zoned transition between the development and the homes on Willowwood. Another row of at least 7,000 square foot lots could be developed in this area. Current regulation requires a 6foor tall fence or plant screen be built in the .wuthern pan of the land, unless the property is platted excluding this 150 foot wide SF-71and. Then, no fence for the 150 foot wide SF-7 land would be required, because it would not contain an existing house. Objective 10. Improve the design, image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping in new • developments. The current proposal does not include recommended approval of a site plan proposal for site plan review where the Council, Planning A Zoning Commission, staff, ant- general public would have an easier opportunity to evaluate how a specific request would accomplish this policy. If the zoning were PD, motel • permitted only after approval of an SUP condition, or site plan conditioned, , evaluation of the proposal using DDP policy would be much easier. The June • • 22, 1994, Planning & Zoning recommendation of a site plan which did contain a good deal of additional landscaping and preserved protected street trees. Landscaping and tree preservation standards apply and address this issue. • ca • VetxlaNo 4t)errdaltem~_ Case Z-95-007 ~fe September 19, 1995 Page 14 MAJOR ENTRANCE WAYS POLICY The major entrance ways are those freeways and primary arterials predominantly used by incoming traffic into the City of Denton, 1-35 North, 1-35 West, 1-35 East, U.S. Highway 77 (Old Sanger Road), FM 2164 (Locust Drive), FM 428 (Sherman Drive), Loop 288, FM 2181 (Teasley Lane), U.S. 380, Dallas Drive (U.S. Highway 77), Bonnie Brae Street, U.S. Highway 377 (Fort Worth Drive), FM 1830 (Country club Road), Mayhill Road, Oak Street, and Hickory Street. Developments along major entranc% vays present the first impressions of the City to the public eye. The policy of this Plan therefore is to encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entrance ways. The following specific guidelines are required. I. Development proposals should be reviewed to ensure adequate compliance with standards and requirements, including but not limited to: a. Front yard setbacks b. Building coverage c. Landscaping d. Signage C. Curb cuts f. Off-street parking S. Design and construction of facade h. Pedestrian access 2. Promote integrated site design and layout which considers adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. The request with applicant conditions would have a 25 foot front setback according to current standards, building coverage of up to 90% of the lot (though unlikely because of the 2 story height limit and the drainage conditions), would be required to meet all specification in current ordinances for landscaping, signs, curb cuts, parking, and side►valk construction. No facade or design review is proposed, but has very rarely been imposed, even in PD's. At issue may be x,hether additional setbacks, landscaping, design (architectural) or site • • plart review be required to better evaluate the proposal and as a tool to further midgare the development and compliment Denton's visual image. • a +peodaNo 4genda l ietrZ~,~.... Case Z-95-007 'late September 19, 1995 Page 15 MAJOR ENTRANCE WAYS POLICY (continued) With that in mind, the staff originally recommended to the Ram's PD zoning. They submitted a site plan which was approved by P&Z in 1994. See attachment 12 for the office district standards and permitted uses. Staff has also suggested mitigating measures such as those listed in attachment 16 as part of conditioned or PD zoning. STATUS OF APPLICANT AND NEIGHBORHOOD DISCUSSIONS The applicant has proposed several additional conditions for mitigating the impact of a motel, and has communicated his availability for meetings. The neighborhood to date has been united and unequivocally opposed to a motel and is willing to meet to discuss other issues. No discussion sessions have occurred since the P&Z public hearing in April, given the impasse on the motel use. See attachment 15. ' RECONINIENDATION P&Z recommends that all but the southern 150 feet of the property be rezoned from SF-7 to Office, conditioned, with the following conditions: 1. No direct illumination of land zoned SF-7. 2. No access to Lindsey or Willowwood streets. 3. Construct a masonry wall at least 8 feet tall along the west and rear of the property that is developed. 4. Plant or maintain a row of trees of at least 3 inches in diameter 30 feet on center on the boundary with Sr~uthside Baptist Church. 5. If the property that drains south were developed, its drainage should be redirected. • Drainage runoff that now runs south must be directed to the north if development on this land occurs. (Staff note: This condition will make the southern portion of this property below the drainage divide very expensive to develop. The landowner attorney and staff have discussed this issue.) 6. Any hotel or motel facility on the property must inrlude living quarters for a full time manager. 7. 2 story height limit. 8. Building area for a motel only on the area shown in attachment 14 and 15. • • STAFF NOTES: Hotels and motels are permitted by right in the Office district, but may be deleted by condition, or required to go through a SUP process as a condition. jI I • 0 . • a • ~pendo No Case Z-95-007 gge~1021Mrt~.~ September 19, 1995 ~tf Page 16 RECOMMENDATION, continued If council were to consider deleting hotels and motels, staff suggests deleting hospitals also, since they also may carry noise and night time traffic externalities. An alternate ordinance with those conditions wi'Jl be available for council's consideration. After the P&Z public hearing and recommendations, staff received a letter from Mr. Anderson representing RPS Joint Venture that objects to the conditions and had other conditions. Those conditions are enclosure 3. The Council may wish to attach additional safeguards that address urban design and . neighborhood protectior problems that are directly related to an externality, rather than deleting a particular use as a condition. j Whether in a moderate or low intensity area, review of a site plan or architecture may enable easier and more precise evaluations of the use of this tract by the Council. Enabling this would be moving hotels, motels, and hospitals to the specific use permit list from the permitted use list of the O zoning district. At TFRNAUM See attachment 17, Alternatives. 1 1, Deny office zoning, retain SF-7 zoning on all the tract. 2. Approve O (office) without conditions on 3.753 acres. 3. Approve O with conditions on 3.03 acres as recommended by P&Z. 4. Approve O with other conditions for instance: a. Deleting offices and hospitals as permitted use. b. Adding offices and hospitals to the by specific use permit list. ` c. See attachment 16. 1 S. Consider initiation of other zoning districts, return to P&Z for a report and make notice of those considerations. • 6. Postpone consideration. ATTACHMENTS 1. Location map. 2. Intensity study area 99. • it 3. Map of Lots 14 & 34 zoned "B' in 1961. i 4. Minutes of Gus Hanch rezoning (Lot 14,5) August 19, 1964. • • J 5. Location map of Gus Hansch rezoning. 6. Z-1137 map. 7, June, 1994 motel site plan. • • Case Z-95-007, September 19, 1995 A~sldpi Page 17 Oats ATTACHMENTS, continued 8. Zoning district lines from 1969 (adopted by ordinance) and 1975 (not adopted by ordinance). 9. The draft ordinance rezoning the property to C (Commercial) rat approved. 10. P&Z minutes. 11. Appraisal values. 12. 0 district standards. 13. Anderson letter dated May 11, 1995. 14. Anderson letter dated May 30, 1995. 15. Anderson letter dated June 7, 1995. 16. Conditions that mitigate externalities. 17. Zoning alternatives. 18. Intensity Policy Summary. 19. DDP amendment. 20. Weber's letter to Anderson, dated June 15, 1995. I r A1IX0090A • • 0 • 'I ATTACHMENT 1 ND- j Mal I r ` 12 1~• ♦ 34 11.5 -4 I + ■ • 1nAu To',al ,Acreage - 1100 acres king Lane urn reaueljnq miu chacr ea irluded; 'urea Oppo-ol J ',.'acres a 39 • • IMTBNBIlT AB BA • ATTACHMENT 2 Bqe 38177 ACB9B ' DOVNDART DBBCBI/T1011 I~ C 9aat: 1-359 and Barnard street 9er4a No West: Bonnie Brae ~q@ndalle~.,,~,~ South: Willowood Street ~Sr iiI{I -~G Ma ~41 1 ~ s V I 00 a`.,1 / ! 1~ / i r % r o , a r N $CAL& Ow 2000 III. / . , 1 I •,y, , 0 • I- o • I ATTACHME 3 ApeedaNfl _ oate I s • _ ~ f '1 1 I 3 • f p ~ rr , ~ I I f , 1 ' 1 1 I +1 n 1 r y j 11 ! N 1! !r !r r~ p!j j l 1 1 ISO / .q ~ NfMfi , I • ti! r r w' a ;..r I 1 ! • / u I f fl N I r~+ • / s! ~f M•Irl} r4 1 1 A 1 ! u y 1 I ~ f • • 1 A' 9 • - o • • P" QU t ATTACrtSENT s AAoAJ' thteurlg a/ We PYar M And toecap C GM Aat da Awp It It. It 64 al a is p.a la W 11140111410401 1111144116110. Cary Of DWAOG. tdsa. pyafdtle: Cyuwr* Med- Lactate faMt~. MA M- AM. t. L. faNuo, Dr Rani Vw4aNo. Gay. D.. Dol.n Lckwe". City Dytsa►. City $Aerwry. 1. A aaaaua woo thadt by Ayer, loccrlded by LaAtte W appn•e the aintrtes r flats of Awttat S. 1144. ftaduda tamed. 7. ptt3t,eaa• a. the Commit lion dl%Cwtsed the patstlon M Ay Muhl that two ►te• :r'r• frith the prenowe aloolina. All" considtfNte consideration. a socuon woo -l:f a- Lact- aoc0eded by Ayes W AM the petiuan. Motion CAM*4. b. 111e pnl!.an df A. I- POWWO1• ot!frted troth the pWINS waetri •t. . Cfsaed At length. A ntouan was wade be Lock .110condod by Came to Details" and 110 0110001141end to the city to..netl. Mot.on eamtd. C. A public hearing wee ne,d an the pautwn of Marty, A. thotapse•. f- 1 regwsting the aoning ties Sr tostian he char4od &Ta the •D' - Dwelung DI17, c 'A-t' - Dwellttg Dtstnct for property dtierlaed ae the anwe Clay block tat f.:.• iofs 1 and 1. "nod by the Cu"friald Presayttrtan Ch'Arck. and City :ou :2 .r . A" a"Ady toned 'A-2'. A net::a was sia oe by Lockwood, aeoondtd by A. f• .e the petith0n be 44,u because of ia:s a! adoo6atf plans. Mouoft umtd. 3. A;.blsc hsar.ng was hea :1 :ne ;tnlan a! Gus ISanscn at a. tea raru ig cbshheabor. bt cMKee !ne see 'A' • Dwe.ting District t] tae 1.1w.431 L~tstn:t for pr]Dfrty Sfsm:K as :~t! a :s.t block 7SOC. A:ter't1 MlArtsttd et thins. a iratim was 1:e ty Aver socindfd by Lactic to a• ••e Mx.:n timed, fiats: a. Tne ffvi pat the ; ree-wie C, a [states was rewewed. A Taae by Ayer saeonded by lGCkwolic t] onraye ::,s f,tel plat. Metian :a~.f: - D. Tact elm; ,tat :1 :1e Vat!.wood S.WS'Asion• StC1100i r Will ft: !•f: WAS '+Ade tr tAR.t tY.:::f: ;r ;ar::a 6M3W1P Me flrlat JJI. M: - ':e bra. ;.at ::::f .P.: Pori S.bd+vtUon was;else:ted 1•.: t A t<t.ar. was 'a:f D/ Ater Ue•; tna: t1e hw'p.a: DA s. '-.e vOp 219 S.:e..a.:•..16 it:_sled A *:1, an we s -a IC0.'1Ged by A.fr to q,v* :rf:.'1.L-. 1::•:~t. fie 2:v• :ef :w :et :M :Y.:e . - f .e•1 014 :y.-q a' tr.e lowf• f.t:e-. :A MeC. f, T1e afaa A, Lary aA::1 R. 1. '-4' WO1 Lt:.tstd• A ACt.:: .2 . •t' vicer•»d. U::afad by p.A: beca~te a! .L:fR~te : f• :Ached. A. :ondtttond! Use Prm,!l i a . A rootlon was u-o :y :.3-:4waoe sf::nded of Ayer to 12'..! 4' f •eodc !::re 1oa«d of Ad,s•.ne•. :-,e :et!.:•.:! V.-s. A. M. ...esl Mr-:' :t • A ~0han was *a:f 'a-: ~Cfw},G It 1.7 1 :e ~~~Y.:a t. or, ta! 1ar: a! A:.f:'. Y: '•f :f .'e r. • r YN:Arv • '6 - • - ~F ~ ` ~,.+°x~'~s of fit rGl. ; C; . . .t7., a , c • A • _ ........,.rte - ' r POUR QUALITY DOgVM ATTACHMENT 5 ~Btf mow. Y.. ~ ~ ~ , r~ • • sY. 1 i ~ _ ■ I j ■ I S i ~ f ■ s • _ a • POOR QUALITY DO ATTACHMENT 6 • q~gNo ' . Dee L H1 • A _ O POOR QUAL!V ATTACHMENT T Z-94-007 Sleep-Inn NORTH Aoendetro,- ----y---t• DS s 1h, - w r r r w ~ 1 1 i ' - t so Y c a o w w + i a • ~ f jam' ~ tJ'►st • •a• ti t~ Site Plan i Date: 6'22.94 Sint. Foot • c~ • POOR QUALITY DOCUMENT ATTACHMENT 8 0 !tem 3147 fd s =mum"; 14 7 ..ones. MIN lop 1975 to Present a Dtetrict boundary rowel mas mass 1969 District boundary • o • 0 • FOOR QUALITY DOCVMXW ATTACHMENT 9 ApendaEtert~ Dale ORDINANCE NO. `N ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE It x4 THE SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL (C) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35£, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED TN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur J. Anderson, on behalf of RPS Ventures, Inc. (owner of the property), has applied for a change in zoning for 3.753 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Commercial (C) zoning district classification and use designation; and WHEREAS, on April 26, 1995, the Planning and Zoning Commission recommended denial of the requested change in zoning by a 3.2 vote; and WHEREAS, the City Council, by a 3/4ths supermajority, finds that the change in zoning will be in compliance with the Dentor. Levelopment Plan; NCW, THEREFORE, 1 THE COUNCIL OF THE CITY 5F Y NTCN HEREBY :ic:AIN3a SECTION I. That the zoning district classification and -.;se designation of the 3.753 acres of :and descr:ted in Exhit:t , attached hereto and incorporated into this ordinance by reference. is changed from the Single Family 7 iSF-7) zoning district class.- fication and use designation to the Commercial IC) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. 1 SECTION 11, That the City's official zoning map is amended t: • show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52, 000.00. Each day that a provision of this ordinance is vic:ate: shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall tecome effective four- j om the date of its teen r 14) days f r passage, and the City Secretar; J is hereby directed to cane the caption of- tn:s ordinan a to to p.c-ished twice in the Centc. ?►c_:3•:h::n: :e, a daily r. ewa;ape: • P "No ~Qml We published in the City of Denton, Texas, within ten 1101 days of the date of its passage. PASSED AND APPROVED this the day of 1995. 808 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i I BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACT:YG CITY ATTORNEY j SY:. • • r .J, 1. ALL that certain lot, tract, or parcel of land B, Tompkins Survey, A-1246 in the city of DeDenton County Texas and being %ore particularly described ai°C6ttvwwv . at the nor come tract MorriAion. recorded in Volume 2913 P age 161 Real P o deed to Boyd Denton County Texas; perty Records THENCE vest a distance of 316.23 feet to the northwest corner of a tract deeded to Harold E. Ferguson recorded in Volume 940, Page 809 Deed Records; THENCE north 04 11' 120 west a distance of 179.61 feet to the southeast corner of a tract deeded to Denton Baptist Association, recorded in volume 1901. Page 698 Real Property Records; THENCE north 00 39' east with the east lino of said Denton Baptist Association tract passing at 300.65 toot it's northeast corner and continuing on said bearing a total distance of 668.20 feet to a point in the center line of I.H. 35E; THENCE south 474 SO. 42" east with the :enter line of IN 35E a distance of 199.61 feet to the Point of Curvature of a curve to the left, thru a central angle of 34 39. 240, radi::s of 3274.OS C.et, and length of 208.95 feet to a point for corner; THENCE south 256 3o' west a distance of 479.53 feet to a poi.-.- for corner; THENCE south SS• JO' east a da~_a :e of 25:.27 feet to the Pont ^f Beginning and. ccr.tair.:-g 3.753 a:res of and- • AEC 1 • ' • O ::.a 40 • • P&Z Minutes aeneaEfem~ ~w August 23, 1995 Page 13 upcoming issue before 1 am ready to vote on this particular issue, Mr. Powell: I move to postpone consideration until a later time. Mr, Moreno: I'll second. Mr. Jones: I think that what you can do is to table this item to a specific time such as after item five. Mr. Powell: I will accept that as a friendly amendment. Ms. Russell: Is that agreeable to the second? Mr. Moreno: Yes it is. Ms. Russell: All in favor of the amendment please raise your right hand. Opposed? Approved. (fro) All in favor of the motion as amended please raise your right hand. Opposed same sign. Approved. (6-0) V. Hold a public hearing and cor. ier rezoning of 3.753 from Single-Family 7 (SF-7) zoning district to the Office (O) zoni g district. The subject property is located on the south side of I-35E, south of Lindsey F reel. Ms. Russell opened the put c bearing. Mr. Robbins: The City C v cil has initiated a zoning change on the property outlined on the overhead. It is in a low intensity area, number 99, and it is at 107 % allocated. With respect to the uses in this area there is a church, there are single family houses, there is also a small apartment complex, a motel, and a bar. In 1969 the zoning map was amended in this area. At some point in time between 1969 and 1971 a line was drawn on the zoning map and we have not found an ordinance, minutes, or a case to show why it was redrawn. In June of this year the Commission reviewed a zoning case on this property. This is a different line from the line that was shown on the previous reap. In June of 1994 the Rana's proposed a zoning change on this property, The Planning and Zoning Commission recommended approval of the office zoning district with conditions and the conditions were going to be part of a site plan. So the condition in that of.5ce district was that a site plan • had to be approved with it. The bufferyard on the site plan was the thickest and most , dense in terms of trees that we would have adopted with a zoning case. There were about • • thirty-eight trees per hundred linear feet in this buffer:,ard and an eight foot masonry fence. One of the conditions that the Planning and Zoning Commission placed on this before it would go to the Council was that at least three fourths of those trees would be on the • 4 • a • 40*3 No - PdrZ Minutes AQer Ilem-~-__ August 23, 1995 Date_ Page 14 outside. The twenty percent rule was in effect which is to say that twenty percent of the land within Wo hundred feet of this rezoning case was protested by the owners. The applicant never took this to the Council. The condition that the Commission added was never made to the site plan and subsequently the land owniers withdrew the case. This is the second time that the Commission has had an opportunity to review the issues. The Commission did have an opportunity to go through this a couple of weeks ago in a work session. Staff believes that if you take everything in the Plan's policy, we believe that additional conditions are appropriate for this zoning. The Council has asked the Planning and Zoning Commission to look at office without conditions. The staff is recommending that given the policy applicabHty and th• situation that we have here with respect to the neighborhood principally additional :oaditiom are wamnted. Those conditions are spelled out: that there be no direct ilhm:ination of land zoned SF-7, there be no access to Lindsey or Willowwood streets, there would be a six foot wood fence or masonry will build around the sides and the rear of the tract, and an additional row of trees planted adjacent to the Southside Baptist Church. Those are a list of conditions that have been proposed by the representatives of the land ownen in the past. These conditions are largely taken from that list. An additional condition is that the drainage runoff must be directed to the north. If that condition is adopted I think that it could make the property expensive to develop or it would be left as open space for some time. That is a rigorous and restrictive condition that would be associated with that land to try to get the drainAge to go north. Condition number six is that there must be live in facilities for a full time manager and that there would be a two story height limit and that the building area could only be in the cross hatched area. The motel and parking IN would all have to be on the northeti drainage divide and none of the water from that development would flow to the south. It would all go to the north naturally and that is part- of the condition. We would recommend that the zoning boundary for this area would not go all the way to the boundary The zoning district boundary line would go 130 feet north which means that the SF-7 zoning in this area would rat be changed. The City Council has directed that the Planning and Zoning Commission make a recommendadoo to them for straight office zoning in the area outlined. This recommendation is to add, not a condition, but that the zoning district line from SF-7 to office be 150 feet north of that area. This is something that was proposed by the applicant. Ms. Schertz: Do I understand that Mr. Anderson has been made aware of the SF-1? Mr. Robbins: That is his map. That was a condition that Mr. Anderson proposed in the previous straight C zoning case. • . • Ms. Schertz: Is that to provide more distance between the comrnercial and the single family? I J4 • • 4gba0aNo PdrZ Minutes August 23, 1995 Rate Page 15 Mr. Robbins: I think that is absolutely the effect of that and the letter is in your backup. I believe that was the intent for that recommendation. Mr. Powell: What is the SUP process and what does it mean? Mr. Robbins: Specific Use Permit. There are a world of alternatives for you all to take on this. In your backup you have a list of externalities and the kinds of things that can be done to mitigate that. You have a list, I believe that is attachment 16 and 17, of alternatives with respect to conditions particularly. One of the conditions to recommend that office with conditions be done and that hoteVmotel be removed from the list of permitted uses. Another condition that you could add is to move that use to the specific use permit category. The effect of that is that before a hotel/motel could be approved the specific use permit process would come into play and a specific use permit would have to be issued. The process for a specific use permit by ordinance is exactly the sane as a zoning, public hearing, same notice, you see the site plan. There are a list of criteria in the geoeral zoning ordinance that lists issues that treed to be addressed and then if those are addressed appropriately then the site plan may be approved. Council makes the final decision and our process today is that SUP arc actually ordinances. It is almost like another zonin case. Mr. Powell: What is that dark line that gas through the property but that doesn't have anything to do with the property? Mr. Robbins: That is the 1969 zoning map line for the C district zoning litre. Ms. Russell: What is the closest that it would be to the residential lots? Mr. Robbins: It would be a hundred and fifty feet. Staff is recommending that the district 1 boundary tine be a hundred and fifty feet from the houses. There is a house on the property that is owned by the Rana's that is about a hundred and forty fat. • Mr. Moreno: How many homes are within two hundred feet of the property line? Mr. Robbins: There are four houses that are actually within the two hundred tat. We are recommending that there be 150 feet of SF-7 in between. Nineteen notices went out and seventeen came back in opposition so the super majority rule is in effect. Thirty-nine percent of the land that is within two hundred feet is protested by its owners which means , • • this case when it goes to Council is going to require six votes to approve regardless of the condition that you put on it. Ms. Russell: Is there anyone that would like to speak in favor of the petition? r "ai • • Venda No P&Z Minutes Ageadaltem,_M August 23, 1945 Date_ Page 16 Mr. Art Anderson: My name is Art Anderson and my address is 5400 Renaissance Tower in Dallas. I represent RPS Ventures which is the majority land owner of the property that the city has initiated the rezoning for. I warn to clarify a couple of items. I think that you all are fairly familiar with the facts and basically the position that we have taken in th-s case. My client purchased this property based on a zoning map that for twenty-five years 'us shown this as being a commercial zoning district. Our legal position is that we are entitled to develop under a commercial zoning district designation. I do not have the authority to come before you today and say that tic r.anditioms that Mr. Robbins has suggested are acceptable to my client. Before it goes o City Council, if it is recommended by the Commission for approval with conditions, I w 11 recommend to my client that they accept those conditions. I just want to be clear that d ose conditions were offered as part of a separate zoning request that was approved but wan withdrawn. I am not saying that those conditions will not be acceptable. Throughout his ordeal we lave been relatively straightforward in terms of what our request is. We havL. presented to the City and to the neighborhood very specific site drawings, architectural imiderings of exactly what this property is going to look like after it is developed. It has an operational manual that is dozens of pages, it has significant franwhise requirements in order to make it work. We have always represented that we would work with the neighborhood and I believe that the compromises that are in your backup show that. 1 am here to answer any questions. Ms. Russell: Can you tell me what the franchise requirements cover and is there any commitment that you have to make to maintain the property? Mr. Anderson: Yes. 1 wish 1 had brought the franchise material with me. They cover everything from how you lay out the croissants on the breakfast buffet, to what the martagzr is supposed to do. It is very specific and of course maintenance of he grounds is one of the highest priorities that they have. It is a very expemsive investment ter my client so it is in their best interest to keep it up as best as they possibly can. Ms. Schertz: Is there a moteVbotel in the area that is comparable to what is proposed to be built? • Mr. Anderson: There is a new hotel that has been constructed next to Northern Telecom, it is kind of a high tech corridor along US 75 in Richardson. There is a Choice motel franchise that went in right adjacent to thr.t. It is all brick and is pretty much a very, very nice deal. That is the type of facility that best explain it. • Mr. Jones: Is there anything in the franchise agreement that enable the franchise to take • • back the facility if it does not meet their standards? Mr. Anderson: You in giving me the tough questions that I really was not prepared to T PS, • 0 • 4gendai P&Z Minutes rime August 23, 1995 Page 17 address. 1 will be hottest with you. I really don't know. 1 guess that the important point on this is that the investment for ray client is going to be significant in this matter. I guess I should have brought the materials because they do show the quality of the workmanship and the operational requirements. There are penalties and there are some remedies, I think, that thn franchise has, bat 1 would be misrepresenting to you if 1 could tell yoe exactly what they are and if that is one of them. I was not involved on the legal side of the franchise agreement. Mr. )ones: Do you know what the room rate charges are going to be? Mr. Anderson: The franchise fee that my client paid to Choice I think was thirty-five thousand and that was for there are five or six different types that increase with regard to what the room rate would be and I think that it was thirty dollmi ±M up. 1 have talked to the client about paying an additional franchise fee to move it up to the next higher level, I think that it was a Sleep Inn that was the original request. They are willing to go ahead and pay a franchise fee to go up to the next level. Ms. Russell: 1 looked at that book just the other day and this is the same corporation that has the Clarion. I thought that I remembered it being the forty to fifty dollar a night room. Mr. Anderson: 1 understand that a lot of the opposition to this case is based on the hotel that is adjacent to this property and that they have filed their opposition to this zoning case. There is a lot of perception in terms of that being a type of hotel that the neighborhood doesn't want. Well let me guarantee you that is not the type that we are going to build, and not the type that we want either, We are hoping for a higher quality to bring up the neighborhood, and bring up this particulu part of 1-35. My clients are willing to work . because there was a perception in terms of room rates, whether people were going to stay there for a week, all of those kinds of things, and clearly it is not. One of the requirements of the franchise agreement is that it is a nightly, like a Holiday Inn It is Re any other type of franchise operation. • Mr. Moreno: Did I understand that there is going io be a breakfast buffet? Mr. Anderson: Yes. It is a typical operation now in hotels where they have a continental breakfast with fruit. It is not one where they cook eggs and bacon. It is not a huge restaurant, it is basically a buffet table. • Mr. Moreno: My question is because from the materials that I have indicate that there will • • not be a restaurant, i Mr. Anderson: TPAI is correct. It is not a restaurant. "they will not have a grill, or • a • .4~911da No _ - P&Z Minutes Date_ August 23, 1993 Page 18 waiters, or all of the kitchen types of things that are basically assoc;ated with a restaurant. Mr. Moreno: Do you have any statistics on your clientele? Are you going to try to attract families, businessmen? Mr. Anderson: I think you probably hit on the two biggest items. 1 think the clientele for the most part is going to be businessmen who want to stay in a place that is somewhat affordable, that they have good access to. Then I think that there will be families that am traveling up and down the interstate, and that will be the other major marLet segment that d,ey will be looking at. Mr. Moreno: Do you expect to also attract some blue collar workers as well? Mr. Anderson: 1 don't think that they are anticipating that to be honest with you. I don't think that they are going to discriminate against anybody but I don't think that is going to be one of the things that they will be drawing from. I don't think historically that it has been a choice on the clientele list. Mr. Moreno: I couldn't read the site plan very will. Is there going to be any parking for 18 wheelers or things of that natni e? Mr. Anderson: No, there will not. Mr. Jones: Can you talk to us about the living quarters? Mr. Anderson: My understanding and I treed to pull out L%c materials. The site plan that is drawn up there is a cor-de-shay as , A drive in and then there is the ability to get out to where the reception area is. Then there will be a litd,- building built on the left that will be the quarters basically for the on site manager. I am assuming that it is going to be a smaller apartment type of facHiry. I am assuming that there a ill be a kiuhen anu • a place to sleep and a place to live. Mr. Jones: is the manager going to be there full time or is it going to be shifts? Mr. Anderson: I am assuming again that it is going to probably be one manager and then when he is gone there will be a replacement. I don't know for sure. That is one of the • things that I remembered was that there would be an on site manager but whether it is two people who split the duties or one, 1 do not know. • • Mr. Jones: Is this like a Hammon Inn? • I a • )VMa Ho P&Z Minutes 4gendallem_~ _ August 23, 1995 Date Page 19 Mr. Anderson: Yes. Ms. Flemming: Is there a time frame that construction has to be completed by? Mr. Anderson: Nine months ago. The franchise fee is non rePandable. There is a time frame by which if you don't construct that your money goes away and you lose the franchise and your money. 1 am assuming that we are not to that position yet. Ms. Russell: Is there anyone else that would like to speak in favor? 1 have cards for those that would like to speak in opposition? Mr. Steve Fore; My name is Steve Fore and I live at 1106 Oakwood. We are all aware that the controversy involves the rezoning of a parcel of land for proposed construction of a motel. The crux of the issue with this motel is that the buffer zones are not run up against the backyards of several folks that are here tonight. We believe that they would have a decidedly negative impact on the quality of life of everybody in the Dena neighborhood. We are also aware that this situation has dragged out for over a year. During that time the Dena Area Community Group has on several occasions convinced a majority of the previous P&Z Commissioners of the merits of our position and that we are also willing to PSN to preserve our neighborhood for as long as it takes to accomplish that goal. Over the year the support of Denia neighborhood residents for this position has grown in shear numbers is has the volume and amplitude of opposition to this proposed development. Our opposition to this development is strongly felt am pretty much unanimous. We are opposed to this particular development proposal. We believe that the twin goals of sensible development and neighborhood preservation are completely compatible. This philosophy is strongly echoed in the words and stipulations of the Deno:: Development Plan as a now exists. Our opposition is based on a combination of factors based relating to the nature of the neighborhood environment, the extensive existing commercial development in the area, the statements of official city policy that are contained in the Denton Development Plan, traffic patterns, and other matters as well. Most fundamentally beyond all of these reasoned arguments we have prepared, we can see clearly the large state and negative effects that this proposed development would have on the quality of our lives in our Unmediete neighborhood. At the same time we also believe that this little drama involving one group of people in one neighborhood and one development has become something of a barometer of the future climate in Denton with regard to the relationship between neighborhood preservation and commercial development. The Denia Area Comn-unity Group is not and development. We are pro Denton. We • believe that neighborhoods and commercial enterprises can and must coexist. We have • • stated on numerous occasions that compromises are possible here. We are not opposed to the development of the property fronting on I.35. We have suggested some kinds of proposals, some of which involve commercial development. We recommend that P&Z • ~penda Na. P&Z Minutes August 23, 1995 )ate Page 20 oppose rezoning unless there are major conditions, Ms. Arlene Morrison: My name is Arlene Morrison and 1 live at 624 Headlee. My husband and I built the WillOwwoOd apartments on the corner of Bernard and Wihlowwood. We 1150 built the Texaco Station on the corner. We am very dissatisfied with the environment. My son now owns the apartment complex and I am speaking on his behalf. We are not opposed to anything that you are suggesting, we are only asking that if tie people who are wanting to build the motel would consider the site that is already zoned where the Desert Sands is and the land is available. It is inaccessible because you have to turn off at the McCormick exit to get there. Mr. Powell: You said that you have to get off at the McCormick exit. I travel quite a bit and you always have to get off at an exit to get to a hotel. What is wrong with getting off at the McCormick exit? Ms. Morrison: You don't see this so bow do you know to get off here? j Mr. Powell: I can remember a resent trip where I went by the heel and I had to turn around and go back to get off at the right exit. It wasn't earth shaking, I don't know why this getting off at McCormick is such a big deal. Ms. Morrison: It isn't a very good location for a motel, that is what 1 am trying to say. Ms. Mary 1o Hill: My name is Mary Jo Hill and I live at 1203 Lindsey. We are the adjoining property owners and we have lived there since 1948. When we moved to this area the Hansels owned the land that is being rezoned. I know for a fact that the property at 1201 Lindsey was never zoned commercial. Back in the early 60's Pete Brown, that worked for the city, came out to do some work and she made him leave. Ms. Hansel passed away in 1982 and she lived there until 1981. We are opposed to a motel because of -hat it brings to the community. We have four motels within walking distance, two are • alp.ast doer to door. We have lived there forty-seven years and we just want to live out the rest of our life without being concerned about whose coming over the fence. Ms. Russell: What year was 1-e5 . Ms. Hill: It was started in 1955 and it was completed in 1969. Ms. Russell: When I moved to town it was the Villa Capri and it was a very lovely motel. ' • • Have you thought that maybe another motel might cause that one to cleat up? Ms. Hill: Yes it was and there was a real nice restaurant next to it. It h not the motel, • 0 • Q • Apentta Na - Avdalt9rr+_--_..--_ Date___ P&Z Minutes August 23, 1995 Page 21 it is what the motel brings in. We have had a lot of problems. Ms. Kristin Skousgard: My name is Kristin Skousgard and I live at 2006 Mercedes. 1 am here because I love my neighborbood. I am concerned about the traffic issue that a motel is inevitatly going to impact my neighborhood with. Traffic is a real important thing. People will have to use the McCormick exit to reach this motel and the problem with that exit is that you will not be able to see the site for the motel. If somebody is looking for the motel they will not see it until the get up to the Ft. Worth Drive exit. The Ft. Worth exit off of I-35 is about thirty-five foot long. At the end of the exit there is a yield sign. Not everyone yields which snake it dangerous. You have now passed the motel and you cannot back up on the service road to get to the motel so the options are that they can go down Bernard which is right at the end of the exit ramp. If they ruin on Bernard they can get lost in the neighborhood trying to get back to the hotel. My neighborhood is impacted by that motel. My neighborhood is impacted by the motel and the bar. Up and down Willowwood it is a safety issue. Ft. Worth is the first available exit after seeing the motel. This is not an easy on and easy off place. The exits are short. To get to this motel there are going to be people that miss the right exit and then they will get lost in the neighborhood. The difference between the motel traffic and the office traffic is that office traffic is predictable. You know what time they will be going and they know what exits to rake, When you have people working regularly in your neighborbood they have to be accountable. Mr. Powell: Have you considered that the problem that you face with the traffic is not with the motel but with the interstate instead? Ms. Skousgard: 1 thought that I explained that. With an office people are not going to wander through the neighborhood looking for the office. A motel would be a steady stream of visitors unfamiliar with the area trying to get to the motel. The nature of the interstate which is a problem, forwards them into my neighborhood. Ms. Roberta Donsbach: My name is Roberta Donsbach and my husband and I built our home at 1426 Kendoiph in 1961. Recently I saw a letter to the editor contenting this issue. It was a very prominent citizen that was opposed to the change in zoning. 1 wondered where they lived and when 1 looked up their address I found that they did not live in my neighborhood. This make me realize that everyone is watching to see how this is going to ruin out. People want the security of knowing that when they build they will not suddenly be surprisoJ by something that they haven't expected coming next door or ' • down the block from them. I know that so many of us and you too feel very strongly that • • we want Denton to be friendly to businesses, but I think that we can be very friendly to businesses if we recognize the fact that people want security in where they decide to build and for perspective buyers too. • 0 w • o • beMaNo - - ~Qenda' qtr P&Z Minutes August 23, 1995 Page 22 Ms. Joyce Snay: My name is Joyce Snay and I live at 2007 Westwood. I have lived in Denton for twenty-five years and I chose this particular neighborhood not too long ago and invested all of the money that I had in a mid level income home. It was a huge investment for tree and I intend to be there to finish raising my family and my grandkids. Before I bought that home I had a full title search done and then 1 had a second opinion to make sure that I knew about the land. Before these people bought the land maybe they should have done more research into who had owned the land and into the zoning of the land. The Denia Area Group was formed in order to make this a safer area for our children. That was our main focus until all of this started with the motel and 1 would like to get back to that. As a business person I use hotels and motels through out the state of Texas and hook them for municipal officials and du planning and training seminars. 1 look for the greatest comfort, and the best security in the mid level price range. 1 would not book a hotel in this area because of the neighborhood. The access is poor, the safety is a big consideration, they have no place to walk or to shop, so as far as booking businessman, I would not book here. 1 would take it down to Lewisville, back it up to the Radisson and try to get the fifty-five dollar rate. Even if the Radisson was booked totally and I was trying to show off Denton, this would not be where I would bring visitors from all over the State of Texas. We are going oQ have a different kind of clientele other than businessmen. 1 think as a family perco., 1 would not book next to the Desert Sands. We would love to have some of those office buildings with the apartments on top. We want to keep the integrity of our neighborhood. 1 feel that the laws are here to protect us as well as to threaten us. We are feeling a little threatened. Please use the laws to protect us and continue to ask the questions that you are asking. Dr. Kathleen Eiland: My name is Kathleen Eiland and 1 live at 3919 Lariat road. What 1 would like to say is that the motel problem that we already have existing here there are four motels that are all within a half mile radius of the proposed site. The Rams told us that the price of the rooms was going to be thirty-nine dollars a night. It is the low end of the scale for the Choice hotels. There are only two that are lower, one is the Budget Inn. Ne have a problem with this motel franchise part also. We had a Ramada Inn • became a Quality Inn, which was one. of the Choice hotel's property, and it is now the Denton Inn. Surely those people who had the Quality Inn paid their franchise fee, where is it rzi.,7 Who knows what the rules and guidelines are that the Denton Inn has to follow? We have these four hotels. The Desert Sands is not a desirable place. The Royal Suites is ten years old and it is not a pleasant place. The Days Inn is a nice looking hotel and they have done some landscaping and the Desert Sands did nothing. The IaQuinta is a nice hotel and is in the same price range, The occupancy rates at these hotels is at , • approximately sixty percent. The Desert Sands is considerably less than that. Why do we • • need another hotel right here in our neighborhood. There is a traffic problem at McCormick and I-35. There are no lights at McCormick and 1-35 and it is a hazard for the school children that must cross under I.35. There are only two stop signs and people 0 • VeWa No %gerdalt P&Z Minutes ''Ate August 23, 1995 Page 23 go through them because they do not realize that they are there. There have been nu serous accidents and there is a white cross there now where someone was killed. There has been on site plan review for this hotel. We would like to have some sort of site plan review if it has to be zoned for a hotel. Mr. Powell: You do not live in the area? Why are you so involved in this? Dr. Eiland: I originally owned the house at 1301 Lindsey and moved from there last August. The neighborhood asked me to continue to help them with the intensity portion. Ms. Russell Did you sell your house on Lindsey? Dr. Eiland: Yes I did to Eric and Julie Eaton. Mr. John Weber: My name is John Weber and 1 live at 1300 Lindsey. What 1 wanted to show was what a neighborhood is. We too often look at maps and don't see the houses or the people who live there. Here you see the property in red which is all owned by RIPS Ventures. The yellow is where the chum bes are located. What we are trying to do is to protect our neighborhood. When motels deteriorate the franchises don't cotta and take the motel, it is sold instead. Even if it conics in and looks good tomorrow, what is going to happen two years from now, ten years from now? We are nut planting on leaving. 1 bought my home a year and a half ago and 1 am planning on living here for twenty years or so, I don't know bow long I have, I am planning to stay. Twenty years from now my home is going to look better then it does today. We are boxed in. All we can do is fix up our homes. By taking property and making it office or commercial we are starting to eat up what we have, When we are talking about moving this into a different intensity we do not feel that this is fair to us. It is another way of doing something that we don't feel should be done. We talked to the Ram's but they want a motel and not anything else. We 1 have been asked by the city to look at other uses and we are willing to do so. Whal we are going to ask tonight is please do not rezone this to office unconditional. We are asking for one or the other. If we have to live with a rezoning please make it office with the condition of no motelfhotel, or what we would prefer is that it be rezoned office, retail type services uses. Limit it to office, administrative uses. Ms. Russell: Is there anyone else that would like to speak in opposition? • Ms. Jan Bailey: My name is Jan Bailey and I live at 1315 Kendolph. I have lived there for twenty-rive yeah and we researched our land before we built our horse. I work as a • • volunteer for Interfaith Ministries and we often have women with children and they have J no place to go. We have paid for a night to stay in a motel to give them someplace to go. We had used a motel in this area and we were told not to use the motel anymore because • • AQerdaNo~ Agendaltam. P&Z Minutes Date August 23, 1995 Page 24 of the drug activity tand ocher s that w g ty thing were going on. It was not the Desert Sands. Another thing that 1 would like to say is that the trees that are going to be planted will be saplings and we will be dead before they reach maturity. When you are talking about all of these trees please keep in mind that they will be saplings. I am also concerned about the children that use McCormick, As a former teacher I have seen what can happen over at Newton Rayzor. We have all of the university people coming and going all day long. The kids corm. from the other side of the interstate to go to Denia park and the recreation center. Thuse children are rtot always careful and the can arc going fast. I met with one person on the Planning and Zoning Commission and we actually walked the property to see what it is like. I would like for you to consider the senior citizens that live next door. I can imagine that this has been quite wearing on them physically. Ms. Russell: Is there anyone else that would like to speak? Is there any rebuttal? We will close the public hearing. Mr. Robbins: I would like to draw the Commission's attention to page 213 of your packet, it is the series of alternatives. Your alternatives are to recommend denial of the zoning. You can recommend office and add conditions. The staff recommendations are listed in your backup under conditions one through nine. 't'hose include that the district boundary be moved 150 feet north, that there be a requirement for no direct lighting, there would be no access to Lindsey or Willowwood, that the fence would be required to be built around the entire property. According to current ordinance standards a fence would trot be required to be built adjacent to the church but with this condition a fence would be required. Additionally trees are to be planted thirty feet on center, that means that the tree trunks would be thirty feet apart along that area immediately adjacent to the church. That there be a condition with respect to drainage such that the property that drains to the south couldn't drain to the south, it would have to drain to the north. Another condition would be that there would be living quarters included within the boteVmotel. That there be a two story height limit and that a botel/motel only be built in the area specified which is the area that drains toward 1-35. There are a number of other alternatives for the Commission with • respect to conditions. You could even suggest another zoning district other that office be considered. In the list of other conditions on page 213 I would just point out that none of those are part of what has been presented by the applicants in the past or by staff. There has been some discussion of site plan. There is no site plan as pan of this condition. There are no conditions as part of this recornmendation or what has been presented in the past about some of the issues associated with the franchise. This is not a rezoning if motel • would be allowed to any particular franchise, whether it be Choice or Ramada or some , other franchise. It could be any motel. We are not dealing with a condition that has to • • do with building materials, or some of the other points that have been added. If the Commission wanted to see some further details then you could require a site plan. You could postpone consideration and choose to consider a site plan as part of this rezoning, • Q • a • 4QendaNo Ageadalter~_ P&Z Minutes Date August 23, 1993 Page 25 With that kind of a recommendation the staff would work with the applicant and the neighbors and bring back some kind of a site plan for your consideration. That is not on the table tonight. Generally speaking if you think that these condition are appropriate then you could recommend approval with the conditions as recommended by staff. If you didn't think that you needed any additional conditions at all then you could recommend office without conditions. Your final option would be to postpone and seek additional information from any of us in the audience and staff of course. Mr. Powell: Talk about number five where drainage has to go to the north. If nothing is going to be built on the south side why would the drainage need to run north? If it runs south now and does so naturally why would we care? Why do we want to reverse the flow? Mr. Robbins: 1 think that is a condition that would either do one of two things fundamentally if it is a condition. I think the application of that policy is that it is going to snake it relatively expensive to pump the water, or some other way cut the land in that area so that the water that today drains to the south would somehow not drain in that direction. That can be done by mechanical means or by cutting the land. Mr. Powell: Why would we ask for this? What is the advantage to the city or to the neighborhood, of to anybody? If this land is not going to be developed arid it is going to be left natural, why do we want to reverse the drainage on it? Mr. Robbins: I think that is what this condition really gets you to. It either gets you to a very expensive proposition in terms of cutting land or engineering the water to run to the north to avoid the drainage improvements. Or it is a condition that leads one to the and particularly to a potential future land owner, that it is too expensive to develop so I am going to leave it alone, The condition doesn't say that, it just speaks to the way that the 1 drainage would be handled. • Mr. Powell: The way that I understand it is that you would have to do it whether you built on that section of the hand or not. If you left it natural you would still have to do it to get the zoning. Mr. Robbins: That is an excellent point. Then 1 think that the condition would be that if the property were to be developed • Mr. Powell: Then I can see the reason for it. But if you are not going to develop that r • because of the expense, why would we need to reverse the drainage if it is already drahning naturally and we are not going to effect it. What do we want to add this expense for? Now if we are going to effect it in some way then that is different. Another question that • c. • '8endaNo. ~gendalierp P&Z Minutes Jaif August 23, 1995 Page 26 I have concerns the fence. Construct a wood fence or a masonry will. If I were to put it there I would make it eight feet and I would make it similar to what is behind Pep Boys. It is very good looking and appears to be permanent. Mr. Robbins: A condition of that sort would be to construct a masonry wall at least eight feet ull. The wall behind Pep Boys is a prefab concrete wall and it is becoming one of the more popular forms of masonry wall construction. Mr. Morena: Can I see the overhead that had the freeway cutting through the middle of it? When I look south toward Corinth and Lake Dallas I see six lanes coming our way and I find it hard to behave that it is going to remain a bottleneck through Denton city limits. My question is what is going to happen to this section of freeway in the future? Does anybody know if it is going to be cut to six lanes? What are the shorter long range plans in this area? Mr. Robbins: We are not aware of any plans at this time. There is some discussion about improving this segment of I-35 that ge--s through Denton in the highway department today, but we have no plans. I don't know if your question is "are we going to buy additional right of way, or is the state going to buy additional right of way in order to widen it to six lanes?" We don't know if that is necessary and we know of no plans. Mr. Powell: Would it not have to be within the existing right of way? Mr. Robbins: Not necessarily. Central Expressway had to purchase additional right of way. Mr. Morena: It strikes me that it will be a very difficult area to cut six lanes through. It is either going to have to be elevated or additional right of way is going to have to be bought or the whole freeway is going to have to be rerouted. I don't know. It may have some effect on safety concerns here on this map in future years. • Ms. Flemming: If we were to approve this office with conditions, conditions one through eight, and then the developer cones back and asks !or a variance wouldn't it be beneficial for us to grant the variance? To me with these conditions it doesn't really prevent anything from happening . Mr. Robbins: The staff believes that it would not be a variance but instead it would be a • rezoning. Somebody would have to request a rezoning t) delete a condition. • • Ms. Russell: Is it my understanding that we can include all if these or rot? As I read this it is staffs recommendation but we don't have to include them. O .i 0 e • eaab OIL yfloi i'----k~ P&Z Minutes August 23, 1995 Page 27 Mr. Robbins: That is correct. Ms. Russell: So if we wanted to approve this with nothing more than no direct illumination on the SF-7, then we could do that. We have the option to include or leav: out any of the conditions. Mr. Robbins: That is correct. What has been noticed is office without conditions. You cannot be less restrictive than that but you can be more restrictive in your recommendation to the Council. Ms. Russell.: I like this map because it shows the flow of traffic through the neighborhood if they miss the correct exit and have to go back through the neighborhood. Did we not recom. end that Lindsey be closed at I-35? Mr. Robbins: The Planning and Zoning Commission has made its .%vmmendation to approve the closure of Lindsey. There was some discussion after that during the capital improvements process about whether the cost of that closure should be funded within the next five years and the Commission did not recommend, nor has the Council adopted that closure, whose cost is between thirty and fifty thousand dollars, to be done. You are on record is recommending its closure. Ms. Russell: h think that we also discussed that if a developer wu going to do something like that he would have to bear the expense of the closure and that there was a fire hydrant. Mr. Jones: If we approve this with these restrictions, then regardless of what is built there they have to meet these restrictions? Mr. Robbins: Yes. Ms. Flemming: Do you know what the proposed height is going to be? • Mr. Robbins: I can't answer that. We have not seen a site plan for this property that we are looking at tonight. Mr. Powell: One of the speakers mentioned that we might be threatened by a lawsuit and 1 want to make clear to everyone in the audience that I am not threatened by lawsuits. 1 e get threatened with lawsuits almost daily by people in my business. • • Ms. Flemming: 1 move that we deny the office zoning and retain the SF-7 toning. Ms. Russell: Is there a second? Motion dies due to lack of a second. 3 j 0 0 Ap*NO y r AptlO 1 P&Z Minutes !late August 23, 1995 Page 28 Ms. Scherm: I would like to bear from the Commissioners on the recommendations with some of the conditions. I think that there needs to be some more discussion between ourselves on whetJ.rt we want all of these conditions, none of these conditions, or pick conditions, or change up the conditions like number five and number three. Mr. Powell: I would like to change number three to say eight foot masonry. I don't believe that a wood fence has a place there. Number five I would like to change so that if the soutnern portion of the property is not developed that we don't make them change the drainage because I can see no reason to. Other than that I think that they arc fine. Mr. Drake: Just as clarification, you are referring to the list on page 145? Is that correct? Mr. Powell; Correa. Ms. Russell: What if we were to word it in such a way to say that at such time that the southern portion of the property is developed then the drainage will be directed to the north? Mr. Powell: That would suit me fur. Mr. Jones: Is there a classification of botel/motel, like a class one, two, three, etc... Mr. Robbins: No sir. Ms. Schertz: I keep coming back to the "best use for the land" and the neighborhood has said that they a.e opposed to a motel/botel and that they would rather have an eight to five type of business. What 1 nave a problem with in that respect is that 1 don't think we can simply pick and choose. It comes down to a matter of its either residential or its commercial. I don't feel very comfortable in picking and choosing what can be defied as commercial or what goes on a property. We all have the best intention that the motel/hotel will be what we want it to be and have it look good, and won't devalue your property. It is along 1.35 and commercial is the best use for the property and that is what I have been asked to snake a decision on. This is what 1 am basing my decision on. Ms. Russell: 1 keep thinking about corridor zoning as I look down 1-35 in Lewisville, but Dallas comes to mind and the hotels and motels that are along I-35. Maybe you can tell me the difference between strip zoning and corridor zoning. When you have a major 0 0 highway I don't want to have to go through a neighborhood to find a motel, I want to exit the inten'ate and stay right on it so I don't have to hunt my way out the next day. Talk a little bit about strip zoning and corridor zoning. • Q • aQSAd9 Ho 'dl P&Z Minutes August 23, 1995 Page 29 Mr. Robbins; Strip commercial is a lot of parking and no green space, buildings have little ornamentation, they lack character, and it is University Drive. University Drive is getting a little bit better. That is kind of what strip commercial speaks to, a lot of curb cuts, traffic congestion, areas not particularly pleasing to the eye, and those kinds of thing,. The idea of corridor zoning there may be two categories a number of cities in toe area and across the country have adopted a set of special zoning standards, or corridor standards for development along major corridors. They add standards such as additional landscaping that you would require in corridor areas, signage controls, specific lists of uses, and there is a long list of other kinds of standards that you could apply in corridor zoning to achieve the goals that a community may have. In other words you define in some additional detail along that corridor what the rules woult? be for its development. That is one category of corridor zoning. The other that you may be speaking to is just the corridor, lets say the 1-35 corridor is zoned for commercialliMustrial development along its entire length. That kind of category doesn't speak to the standards but speaks to the uses that are most appropriate in a corridor in a very general sense. Mr. Jones: Talk to me about this item where hotels and motels are permitted by right in office zoning district but may be deleted by condition, or required to go through the SUP process as a condition. Tell me what that SUP process iactides. Mr. Robbins: If that were the zoning district adopted by the Council, and hotel/motel was moved from the permitted use section and put it in as a condition of this district under the SUP permit, then before the hotel/motel could be built an application would be nude that would include a site plan, Our ordinance spells out what has to be shown on the site plan. It is basically the same things that ate shown on the site plan that the Commission reviewed last year. You lot to see the detail building footprint, the detail of bow the parking lot is going to be laid out, details for the landscaping. There could be additional details with respect to the lighting, where the fence is going to be built and bow tall it will be. Those kinds of things could be shown on that site plan. There are eight or ten criteria that are in the zoning ordinance that have to do with meeting the requirements for a specific use • permit. You go through a process with a specific use permit, Planning and Zoning Commission and the Council in deciding whether all of that criteria have been met and then you make your recommendation, The process is just like a zoning case. Mr. Powell: 1 move that we recommend the rezoning of this property to office with the eight conditions as shown on page 145, conditions number three and five amended per our • earlier discussion. , • • Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. • +a • agenda Na P&Z Minutes Late i,! August 23, 1995 Page 30 Opposed same sign. Approved. (5-1) Ms. Flemming opposed. Commwioners would you care to revisit the intensity at this time? We will do that. We will go back to agenda item number four, having had the public hearing and the discussion. Are there any comments that you would like to make? Mr. Powell: I have a question for Frank. You said that we could handle this item at a later time when the whole plan was being changed. The Denton Development Plan was to be modified later and that thi! modification could be done at !hat time. Would bt a proper thing to do? Mr. Robbins: Yes that would be appropriate if you chose to do that. Inter on in your agenda tonight we will discuss and then receive your direction on how you would want to proceed with your annual update of the Denton Development Plan. Every year according to plan policy the Planning and Zoning Commission is supposed to look at the plan and either adept it or recommend changes. We have had a number of discussions on this and we decided to do this in the August time frame and you certainly may take the special studies that the plan calls for and do that at a later date and do that in conjunction with all of the other study areas in Denton that we will be reviewing when we go through that. There is some indication in the plan that the annual review it when you are supposed to do it. I don't agree with that, 1 think that we can hold special study sessions at any time and recommend changes to the Denton Development Plan at any time to the Council. You certainly can pull this into a process that may start in a month. Ms. Schertz: What if the area that we have been discussing goes before the Coxxil and it is approved? Then they do want to build a botel/motel on this certain property, are they going to have to come back and get us to amend the Denton Development Plan? I Mr. Robbins: No. I Ms. Schertz: ; o they can actually go ahead, no matter what we do, and build the hotel/motel? So this is not necessary; If we do it tonight it is more consistent of what I could happen to that property, and do ee want to do it now or later? ' Mr. Robbins: Right. Mr. Powell: I would move that we postpone this until the general plan review is done. • Mr. Moreno: I'll second. , • • Ms. Schertz: How does that affect you Mr. Anderson? T y~ 0 0 0 • Age+tdaNo Agenda! t P&Z Minutes Cale August 23, 1995 Page 31 Mr. Anderson: 1 think Jerry's analysis is correct, I think it is probably cleaner if the P&Z recommends approval to amend the plan. For me personally it doesn't matter because the real key for my clients is being able to develop their project. Mr. Drake: Just going along with that, this is really more a benefit to the city in keeping its policies consistent turd we would certainly recommend that you go along with the intensity area change. Ms. Russell: It has not been unusual and we have in the past made some changes. 1 know that we will be studying the entire city, but to me as I look aI this and the things that are in the area now it makes more sense to go ahead and make the change now rather than wait. It is not as though we are going way outside and having a whole new center. I would speak against the motion. Ms. Schertz: I would agree with Madam Chairman. Ms. Flemming: I think that it should all be evaluated at the same time. I think that you can make a better assessment of the intensity areas if you look at them all at once instead of doing them piece meal. Ms. Russell: Any further discussion? All in favor of the motion please raise your right hand. All opposed same sign. Motion failed. (3-3) Mr. Jones, Ms. Russell, Ms. Scbertz %fosed. Mr. Jones: 1 move that we accept the staff recommendation to amend Denton Development Plan to reclassify the property, Intensity Study Area 199 low intensity to Intensity Study Area #119 moderate intensity. Powell: I'll second, • Ms. Russell: All in favor of the motion please raise your right hand. Opposed same sign. Approved (5-1) Ms. Flemming opposed. Break 8:33 p.m. Reconvene 8:45 p.m. VIII. Consider the final plat of Lots 1-4, Block 1 of the Wal-Mart Addition. The 30.805 acre , tract is located on the southeast corner of • • Loop 288 and Spencer Road. Mr. Reeves: This is the final plat of the Wal-Mart Addition and the reax n that it was not on the consent agenda was that there were a few corrections that were needed. Those • o • AUW* No ATTACHMENT 11 Apnda! Lindsey Street - Cost per Square foot Late NORTH LNDSEY ST. f. • 3 2 9 1 10. 5 12 ' 900 840 84¢ ! $1.00 A ~t MA b I t0 " qy a 13 i• Zi 21 i'~ 212 ,A' 3~ 0 34 14.6 78¢ 14 $225 ti ` t0.2 20.3 i 70¢ x$1.88 / 14A 400 26¢ • _ 14.x' 14.5 $225 M M M M 13A = 1.061.06 1.061. 4 06 225 .3 14.7 14.8 11.2 14.49 VAiD NWOOD r • Cost Per Square Foot Date: 8,"0895 Scale: None • o • f ATTACHMENT 12 roatVC ■O■ Offica Diatrict AQ8Ad81t Date P=RMI3 =D DS=89 Primary Residential Uses Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Educational. Instit~_ional & Soecial Uses Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home. or Residence Home for Aged occasional Sales Park, Pla;rground or Public Community Center School, Private Primary or secondary School, Public or denominational School, Business or Trade Utility. Accessory and_Inc_ydgntal Uses Accessory Building Community Center (Priva:,e) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office ` ub;ect to Approval and Coat rol by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off-Street Parking Incidental to Main Use Off Street Remote Parking , S Sewage Pumping Station Private Swimming Pool • • Telephone, Business Office Telephone Line & Ex:hange Switching or Relay Station Water Reservoir, Water Pumping Statior cr Well • a • s ~gersaaNo 4ge~da~ 'O' Off1c• District (continued), ii)ale Recreational and Entertainment Uses Country Club (Private) with Golf Course Public Golf Course Public Park or Playground Public Playfield or Stadium Swim or Tennis Club Transportation Related Uses Railroad Track or Right-of-way Retail and Service Type lees offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health Agricultural Type Uses Animal Clinic or Hospital (No outside runs or pens) Farm or Ranch PERNITTED USES WITH APPROV SPECIFIC USA PERNIT. Educational, Institutional oecial Uses Cemetery o Mausoleum Fraternity, Sorority, Lodge or Civic Club Home for Care of Alcoholic, Narcotic or Psychiatric Patients Utility. Accessory and Incidental Uses • Public Building, Shop, yard of Local, State or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Transportation Related Us s • Airport Landing Field or Heliport • • Commercial Parking Lot or Structure A a a r , • 0 • w • r 17en0aNa +yenaa~t ■o■ Office District (continusdilt.. Retail and Service a Uses Cafeteria Mortuary or Funeral Parlor Restaurant Commercial Type Uses Scientific or Research Laboratories YARD Rt0OIRZMZNTS: Front Yard: Minimum 25 feet Side Yard: No side yard is specified for non- residential use except where a non- residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yarn is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non- residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT RAgUTATIONSi Any legal limit, except as follows: • In the districts where the height of buildings is restricted to two (2) or three stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty- five (45) feet &love the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to • exceed three (3) stories in height in residential areas restricted • • to two ;2) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such st•uctures exceed three (3) stories in height. • Q _ t l ......,,..aV,wr..t^...tMac.r. ro^1.^trk41'f4~e,+<FS'µ' !Q• Office District {contiat:sd)Date SVPPLRN:l1TAL RzgS=ION5I 1. Parking (Based on use. See Article 34-115.) 2. Signs 3. Lighting 4. Landscaping 5. Screening and Fencing i J • Q • ATTACHMENT 13 gAnCiµO. J.oo Rooms= rc.e S H REST "t --m> qT.T W- 1 Emf147t99 ~7 hUNICK SAM. 21417451190 tauw F&Xvth ALWV-- Anawa a Cando A4 tic CMv Dino DW 745.5745 ~ . stay 11. 1995 VIA FEDF.°.-%L EXPRESS .tr. Frank Robbins Cit% of Denton =15 E McKinnex Denton. T\ 76_01 Re FPS Ventures. Inc. Case 2.95.007 Dear Frank I After rc%ic%%ing the staff recommendation. our client is willing to accept a compromise zon:n¢ on its propmm in order to scale this potential litigation matter Specifically, the "C" District line on the :60: acres (Tax Tracts 13 and 14, would be relocated as shown on the anachrnent A portion of the 1969 -C•' Distnct zoning area would be rezoned to SF•7. Pursuant this compromise. the "C" District boundar. Mould be located at least 190 feet from an% existing rei dentral structure We 'Ack- d also Ec willing to present a site plan to the City staff and neighborhood. representatt%es prior to dexelopment to obtain their input. Existing residential properties would be buffered b% significant tree growth. and no xisibilirx of the site on 1.35E is possible from :he existing houses due to the were change in grade elevations. Further. no access could be allowed to the commercial propem except from the 1.35 frontage road, and there mould be no traffic circulation through the neighborhood This proposal is being made in • furtherance of compromise and settlement. Since 1975. the official zoning district map has shown Tracts I:. 13, and 14 as "C` District. Th: Zoning district map is an ,integral of not most i:nportantl element of the Cit)'s comprehensi%e zoning ,rdinance Takes have been appraised in accordance with the commercial zorima sho"T' in the map. and at least ten conveyances of the %anous tracts constituting the property h..: `fen base,. on the Ci!% s otlicial :nap i , Mr. Frank Robbins *Me NO May 11, 1995 7Bt>dzltem Page Our client purchased the property in reliance on the City's official zoning map and the representations of the city staff It is clear that the City has misplaced a number of zoning maps and ordinances in the past, and the City may have lost or misplaced one or more ordinances in question Nevertheless, this case is rather clear-cut: 1 The property has been .hour "Commercial" on the City's official zoning map which is pan of the City's comprehensive, zoning ordinance for over N years, Enclosed is s copy of the circular which was located on a portion of the property commencing in 1990. The property has historically been appraised by the City and the Appraisal District as commercial property. Enclosed is a copy of the Denton County Appraisal District records on the 1 ? acre tract which was not included in the staff report. The propem has frontage on. and its only access to, an interstate freeway. a. The compromise we hate proposed would ensure that, in addition to the topography and hea.} row of trees, the neatest residential structures would be buttered by more than 150 feet from any potential commercial structures 5 The property is undecelopable as a single- amily wbliiision. i 6 Our client paid commercial prices based upon official City document.. and representations. Our client paid a non-refundable P3,000 00 franchise fee based upon official City documents and representations. 1 would appreciate %our for%%srding a copy of Tuesday night's agenda by fist As pre%tousIy stated, our preference is to settle this matter as outlined hereinabove, If you ha%e any questions, please do not hesitate to contact me Sincerely -,ours. } • Arthur 1. Anderson AJA. plg Attachment cc Dr. Pushpa Rana tw atuch s Ashwin Pankh l.% anach l r 4 • • xa ATIAtJVALW AQapO2Et Oats one, Al Naft, : ` ~ ~ • 5F4 oft lokiwo L909 I MILLC11M000 i gum V ' . f rHUPLHT R39417 RPS VEI 5 INC 1324!601 601 SOS C1. OOI//0I/ DWP H E FORD SUD. BLOCK 3. LOT 3. ACRES 1 3 4407 SCvAIC + IR ~It[1A►TIOw! M~~ GARLAND. TX 77043 k 1111P11LD 0t~/Ub/YS VALUE CHO 04/2b/94 PA0f Af Y SHUS ADM$$ NBHD. /01 1JSL o Sr nns Iowmhomr shi/"Who wrrwr owWi m PLOOMM y e»w,•c wuna.u nwm ,m& &0116 4w 1 PIAVGROUND FOR CHURCH CHILDREN. ALSO PARKING Iure raft sAU aoo[ r a ena wot nee 0 94-0021780 0 94-0021781 O 93-0066042 rwuOlu.w.r Y/Udall WON" AW OINK t WEO P rw[n r,pf Disc am M op" ^ CLASS AArEA f~011 AmA NIIC[ emir •'r` a0ao0 NM Ka fat 1 4 H7 (CLASS) rwm d"m wlta r~ 1:0MMEHCIA! C SF 78628 1 100 96.828 • • F HAU11 UUTT A 17106 90si9 F 4 O F O R eR R ►^s taten"te [N A A L X. 8 8 3.48 ACHAS a XNTHHOWATB 358 DBNTON. TEXAS s 1-35 in the major transportation artery from Mexico to Canada. The property enjoys !rootage (approx. 114 feet) along the south bound service road and has adequate space for ■ distinctive entrance. I Excellent opportunity for developmeat or toveetasnt is commercial proper- ty (approx. 2.6 acres) on I-3511 with traffic count estimated at 34,000 vehicles/day. The property also iocludp the abutting residential tract. s Uses allowed in Coessarcial Zoos includer Iotel/Motel, Educational L Institutional, Church, Auto Service, Retail A Service, Hecr"tiooal f, Eaterteiameat, Veterinary Hospital, ate. a Easy access to I-351, US 377 (rt. Worth Dr.), the University of North Texas, the downtown central business district, restaurants, bank, and retail service along rt. Worth Dr. Ideal for a saall retail/office strip coup'ex or professiooel offices that need faterstate visibility. a The coosearcial tract, approx. 2.602 serea, is irregular to shape with surrounding lead uses that include vacant commercial land, octal L might club, apartaaots, churcb, and single family. The residential tract is rectangular in shape and is plated for firs SF-7 lots fronting on a NOW for J"uelioe Street (currently undeveloped). • a Utilities are available (water, electricity, sewer, R gas) along 1-351 and Willowvood Street. A ccabinatioo of utility service from both direc- tions would be feasible and would allow mdequote servile to both tracts. a Owner is a motivated seller, willing to offer OWNER rnLw rNO ! • e Priced at only $185,000 31.22/ef) Coll Robert Barris 817/566-9099 • • sCrf: Iaforsahm !snide/ is frr data NUM leliewd to k relialla let rs net wratted rd it ir)ect U cfaept n"t selice. ticeasad hal Ettats aunts ofiUcW. 4 A-- ...s.~ Vr^vare ;,~,ar . r s . Mora: bt. A ~MroM A,pt. ta Mora l i 1 P. • ATTACHMENT FI taendalten „~o a~.,~. ta•., -S-CH REST 5:01 Etm s9mm & MINICK VIP - IMAM-1 N''4SA Anu. Tnr ' 4: ,0.21 O V 5 F*A-Ao r Capw on DGtw Hx,rn. Ktir_. 5nxnns Canuelcn W :.xo C.r U... r Du ' 735.57}5 %1a% :0. 1495 %•[A FEOER.AI. EXPRESS Mr Frard, Robbins Cu} of Denton :IS E McKicnt% Denton. TX '601 Re RPS Ventures. Inc Cast Z•9i•Oti7 Dear Frark For %our information. enclosed is a copy of the packet of materials formuded to JOK- 'Xtb,er 1 }ou ha%c any qu:scions. please Q%%e me a cal: Sincerel% %ours. Arthur 1 kndtr<on UAL pli Enclosure • k4 l" 11" ~ . r~i S . . i n MWEAD +~Qafd~No 54(0 Re"W"M >O" SECHREST Apendeltaq its 1) 1u,•~ t~ t.` :•04194 & CK DIMS A AUAMOr C&pwwwm D,+w HXTMV ALTM Aitafwn 4h CAwwi n Jura C.z► ouln tAtl. 1:141 74SS745 Say .5. 1995 Mr. John T weber 1300 Lindsey Street Denton. Texas Re. RPS Ventures, Inc. Lindsey g 1•35E Dear John: As you are aware. this case is scheduled to be heard by the Cin' Council on June 6. D, t to the short Umtframe and a desire to clearh address the outstanding issues, we a:e willing t: discuss approval of our amended request subject to the enclosed proposed conditions.. As a result of the conditions. the effecute building area Hill be reduced to ON crosshatched portion shown on the enciosure. At our meeting with the neighborhood. we ca: discuss deed restrictions and any other operational issues which are of concern. Please gi%c me a call as soon as you ha,.e rc%le%ed this maner. Sincerely yours. Arthur 1. Anderson ~ AJA'plg Enclosure v; i r • r. ~::aaxpllF,Mitr"' St~~,''r , .1 . Y F lY • • ~gen6aNo aoendalt ` at4+ "T s Cate _ CONDITION'S TO RIPS ZONING The applicant will agree to accept City Council approval of the amended 'Commerical district application previously submitted subject to the following conditions: I Lighting y' s All high output lighting devices located on that portion of the property utilized for hotel or motel purposes t'Propemy") must be designed. constructed and operated so as to prevent them from directly illurninating any existing residential s=ture. II Access Prohibition No direct access,by driveways or streets will be iio%cd to or from the Propem and Lindsey or WilIowtivood Streeu. f I I. Screening A fence shall be installed around the Propem. In addition to the City's j landscaping requirentenu. a row of trees on at least 30 feet centers will be planted on the eastern boundary of Southside Baptist Church adjacent to any hotel of -e~te1 structure built on the Property. W. OU " Stormwater runoff from development of the Property must be directed through drainage facilities on the northern portion of the Property, V Qn.site Mawfiernent Any hotel or motel facility to be constructed on the Property must include living • quarters for a full-time manager. ~ [ ticighl The height of ar.y s=nues to be corutruc,ed err .e Propem shall be :,mind tc rwo stones. b 'i Y ~n • a • • i ai . d. N. H. TOUY~INS SURVEY A-1148~~.., ;N% "'m 4t i , l Mt fRfry - tw 1 Wks v rMh 44M ~&&Q , r I!~ I j J l~ , NO= L oil T I I e"~i~ 0 i 00 10 doe .0 .0 \ • 'ITS II .w a~r~•r a • ~ ~ Ir. - , RELIMINARY 11 1. pi / G p-MI • R. L TORO A8011 M Pr WYLE IL OARM AND A . TOMPKMS Or LAID A 12 O M ' 1 f A." OF D CITY oEMOw~ oanrt~ra D IEVISED ~~aroo rcau LOUIS VICINV,T MAP - ~Vw~ O/G •~~w~ ~rrff_= TMVY wow Y t•Y PI..aa~a rwY-`; • _ A • r ' ATTACHMENT 15 XMN917EAD ~pendaNa •u,Q tlij-nm wr t Twa SECHREST ~pendatt Q01 ELM $1~ & CK We 041W Tan~e,lrt~l•~s'041W Teu~ 'S.''4:14i A PfakU lW Cag Vu DK" VCL-v: Atfrd Ana+rn i Cwl>,ebn vjua Cm Anal 1W 1:141 ~i!•7'i7 June 7. 1995 Mr. John T. Reber 1300 Lindsey Street Denton. TX 76:05 Re: RPS Ventures. Inc.' 1.35E Deceiopment Dear John: I am naturally izreatlp disappointed M your lure 6 letter %%hich negati"ely responds to our offer of tuo weeks ago to meet and discuss possible resolutions to the outstanding issues lmolsed with the proposed deselopment ad'acent to Interstate 35E Our clients We already ade significant concessions to address your concerns expressed at the Nlac 16 meeting I m Spaifically. our agreement to reduce and reanent the tuildin-e site on I--5E in accordance with :he :dtachment appears to ftSJlte most of %1,, adracetlC% issues %%C d With the passible exception of one house. any hotel or motel building constructed on the RPS tract %%ill be located at least one football field length from any single-family residential structure. Appropnite screening. buffering and landscaping will be prodded. and all access will be %ia the I.35E frontage road. For a property owner u1no purchased this commercial land in reliance on the official zoning map in existence for 20 years to make these concessions shows • a c%-id faith wilincness to address neighborhood concerns Further, to ask this property o%%ner %N'ao purc'r.ased his iand for a specific use. paid a 5: S.OiJ000 nonrefundable franchise fee and spent tern . f thousands of dollars to consultants to +c'.Giop the site to gi%e up his de%elopment rights u;t'nJG2 a Scarcu;'c : scussion of the relesari; icgat and planning issues is lnequl:able. It :s also unfair and ex:rcmei\ Inappropriate to suggest • tha::.`.c applicant is umstiling or hesitant to 7nect %wh the regMorhood, The facts are t~at the ' appil, ant has offered to metal, and has actual1% met. on r:emerous occasions with the f • ,h^~"^nod representau\es I personall\ t:..-ne a-._ effort ro respond to the • 0 7, • w , • { Mr. JoFo T. Weber 4QllldlNO June 7, 1995 Page 2 IT concerns you raised at our last meeting as reflected in the attachment. We swA by our offer of compromise and are willing to discuss this matter with you and the neighborhood members at any time pnor to the City Council meeting. Sincerely yours. Ge Arthur J. Anderson AJA/plg cc: Dr. Pushpa Rana Frank Robbins Members of the Cuy Council DAM HIV-1 1 I :41A I., • q • • Sam= 1 r. r i S I ups •r ~•►'t jI I I I~ ~ i TOMPI(I N3 r3URV~Y Awl I a s. N. B. 04 to w 00 1 "on .SIM top ~R~" irk ~ ~ / / I~'~' / • I • r 1 / . 1 dim ~ • , , ~ W IL € I I ; 0 # --PRELIMIN X / PLAT ° o THE sump e .~T E 4 OCR • i°~ 2 A L L FORD AADOIT O fi pa f wni IL I~ AN) A TRACT OF LA 0 AXA. T S 246. a" OF ooumr, Donut "VISDO eaa~ scam YICINIyl mAr O • A'ITACH[MM 16 ~MdlNO_ Externality Midgators Dam mitigal t. Light, noise, building bulk 1. High masonry walls. and views. 2. Wider setback of building and parking lots. 3. Trees, required to plant and/or protect. 4. Standards for external light frxturea and appliances. 3. Noise standards. 6. Hours of operation tesuk-dons. 7. Permitted use limits. 2. Building bulk. 1. Limits on height. 2. Limits on square footage of building. 3. Character of building. 1. Design or architectural review. 2. Color standards. 3. Archhectural character specification. 4. Material standards. 5. Types of uses allowed. I 4. Image from the stmt. 1. Trot protection. 2. Sign standards. 3. Landscaping standards. 4. Design and/or site plan review. 5. Building and parking lot bulk to open space or landscape area ration standards. 6. Impervious surface limits. 5. Traffic 1. Size of building. 2. High traffic attractions prohibited. 3. No access to specific kreets. 4. Off-site Improvements. 5. Driveway limits: size, number and turning movement restrictions. 6. Litter, dilapidated appearance performance standards measured by physical and condition, crime. characteristics, such as volume of Utter per acre, peeling paint per square foot, linear feet of parking lot cracks and holes per square feet of lot; and code • violations and/or arrests per length of time. • • If the standards were violated a due process zoning reconsideration would be triggered which could result in permit revocation, and/or zoning revocation. AXXWOU _ Q AQeI1C81tEtFL,-_....,,r,^,,, ATTACHMENT 17 ~tA Z-95-0117 Zoning Alternatives 1. SF-7 District. 2. Conditioned Zoning. 3. PD zoning district, Develop. ment Plan step, Detailed Plan approved by P&Z, or Detailed Plan by Council. 4. Multi-family or other 5. Zoning boundary lines in different residential district. locations. Conditions* Propod h1L Anderson 1. 100 foot wide SF-7 buffer district on south. NOTE: P&Z recommended 150 feet. 2. No direct illumination from lighting devices. 3. No access to Lindsey or Willowwood streets. 4. Fence around the entire property. NOTE: P&Z recommended 8 foot tall masonry wall. 5. Plant a row of trees 30 feet on center on the boundary with Southside Baptist Church. 6. Drainage runol; to be directed to the north. (Staff note: This condition will make the southern 40% of this property very expensive to develop. The applicant and staff have discussed this issue and applicant is well aware of its affect.) 7. Any hotel or motel faciiity on the property must include living quarters for a full time manager. 8. 2 story height limit. 9. Building ana only as shown in attachment 14 and 15. 1 Other Conditions 1 1 10. Delete motel as a permitted use. 1 11. 1 story height limit. 12. Larger, more dense buffer areas, example: up to 20 trees per 100 feet adjoining SF-7. 13. Site plan requirement, as condition. 14. :..dd motel or hotel as use permitted by SUP only, as a condition. 15. Require the preservation of all trees 10 inches in diameter and larger, measured four feet from the ground, that are for example, within 50 feet of the IH-35 right-of--way. 16. Office or motel use at a square footage limit equal to its low intensity allocation: 15,000 square foot. 17. No restaurant or club in motel or hotel. 18. Performance standards for crime and utter with rehearing/revocation process if violated. 19. Other. AXXOMA i • • r r, apenQaNo ATTACHMENT 18 Ag6nQa~se,_ fate _ TIE OWN KWLQPWV KM AM ITS IFOATE A a me hge Srry IAt ►lan The Denton Development Plan, 'Poticlet for growth" Is the policy document on which (and use decisions are based. It has sis basic elaeents es fellows: I. A Concept Nap which shows thrie types of Intensity arose and the thoroughfare Plan. 2. A set of policies applicable to each type of intensity area. 3. Specific area policies. A. Appendix A which has intansity status for 120 study areas. S. Intensity system. All lard uses have an Intensity level assigned to It. this quantity. capped intensity trips, Is lased Earerstly an that uses, vehicle trip generation. Each type of study area ham a moxflus intensity allocation. If a use exceeds Its allocated intensity, It Is inconsistent with Intensity policy, but my be approved lased on an sr"lysfs of other factors. 6. A tonfng case decision diagram fs attached. The Plan's most Cosaon use Is In toning cases. According to law, requested toning should follow the Denton Development Plan policies. Policies applicable to Intensity areas are sullmrixed as follows: a Labor dntara/Mjor Activity Centers: • Industriet/commmorclat base. • land-use diversity. high density housing encouraged, low density housing discouraged. • low density hawing on the fringe of major activity centers should be protected by Intardity gradation, strict site design, landscaping and traffic mitigation enures. • NO intensity limit. " Imedmrste Act (vi ty Canters: • land-use diversity Is encouraged. Intensity "bonus' Is warded for public andnam-profit community type service facilities. Phan at Intersection, colverciml/retail lard-uses are limited to one-third the total acreage of the entire center, and Malt be encouraged In not more than three corners of on Intersection that incorporates a moderate activity center. • high density housing should be protected by proper transition botween land uaas, at lust ors access to an arterial thoroughfare, limiting the size to i50 unite separated by half mite, end adeciusto site design stodan'e. • lw Intensity housing should be protected by setback, parking, buffering and landacping requirements. • Discourage strip cmarcfal development through limiting curb cuts, plan review, and provision of adequate buffering. • Allocated 750 Intensity trips per acre. a low Intensity Areas: For residential Woloorhoods. Scalp scattered sites of apartments and non-residential uses are encouraged. Nultl•frily and non- residential wee should have acce S to a collector or larger arterial street, with no direct access { through a residential strut. - Half mile separation betww sutti•fasily and auLti•foaily, and non-resfdantlet antinon-residentfal developments. • limit the size of muitl•fswily concentrations based on direct access to a thoroughfare: Direct access to ■ freewy . 200 units; Direct access to • arterial • 150 unite; Direct access to a collector • 100 units. Non-residential tits limits based on access: Direct access to a freeway . S acres; Direct access to an arterial. • I acres; Direct Access to a collector • 2 acres. iomufxtured housing my be dewtep-ti in tow intensity areas Subject to the following conditions: • concentration of no ere than 200 units, access to a collector thoroughfare (on larger), site plan control within 1,600 feet of *silting single-family housing, and provision of adequate open epics and recreational facilities. At located 60 intensf ty trips per sere. Other policies of the Denton Development Ptcn pertain to specific me and specific locations: Carroll Boulevard, around 1AIT, WBG benefited neighborhoods, entrancevayt, flood plain, around the wastewater plant, neighborhood protection, etc. Plan (bdste Annuat White: iii review In July and Council In October. Rajor update: should be done every fin to maven • • years. • G~ 0 Intensity Area #119 ATTACHMLNT 19 ~y9e~d~ltem - - - 77 a • ■ `~y~r~, '~-~liwr~~ii~r~rl •`~M~ti 1 1 =171 / ' • • ! a 46 W7 116 M ~M yiP ~~3 61 1 Irk i q on - ♦ , • e MIS to • Q • ATTACHMENT 20 NIA ZOIKFA IYIMl1Al17V rl,'\'E 11, 1995 Mr. Arthur J. Anderson Attorney at Law Winstead Sechrest & Minick 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-21099 RE: 4.205 Acres Located on IH 35 n Lindsey Stmt Dear Art, I am greatly surprised by your letter of tune 7, as we have never indicated our group would respond positively to having a motel built in our neighborhood. I understand that it is your job to attempt to present RPS Ventures as the aggrieved party. If anyone is wronged, however, it is the inhabitants who built their homes and raised their families in the Denia Community and expected to live out their fives in peace and harmony. If anyone is aggneved, it is the homeowners who have been tormented for a year by RPS Ventures relentless assault. Your reference to your party's reliance on an illegal and erroneous map that found its way into City files in 1975 has no merit with the members of this neighborhood. We researched the property and discovered discrepancies in the zoning maps. We would think a company wishing to purchase land and invest in constructing a facility would have done the same. We also have letters from attorrw-s who represented past owners stating lots I I and 12 were never commercial and other documentation that further substantiates the legality of the 1968 zoning map and ordinance. In "fairness- the property should remain zoned as it has been - single family seven. The land is scenic and several home sites could be developed with proper screening from freeway noise. Our neighborhood is, however, willing to make concessions in offering to consider its use for a low impact business center or related activity. A facility that would operate on a 8:00 AM to 5:00 PM or similar schedule and would not attract traffic from I1-135, would be acceptable to the neighborhood. The entrance and exit ramps around McCormick Street are • extremely short and dangerous. We were told by the Highway Department that they were planning to close some of them due to their being a safety hazard. The Denton Development Plan states that any commercial facilities adjoin neighborhood proper should be "neighborhood service centers'. A day care center, doctors office, hair style salon, tra%cl agcncy or other similar facility would be of service to us and be acceptable to the neighbors. A motel or related commercial facility that generates noise, lights and activity on a 24 hour basis, would not, The • Denia area community would be happy to discuss options, but we remain steadfast in our • • opposition to a motel. 1300 Lindsey Street Denton, Texas 817-320.1429 FKX 817-5914067 • Q • _ as • AARNIA IA %ftOOMM You mention that your client had offered to meet and has actually met on numerous occasions with neighborhood representatives. In actuality the only meeting we had with the Rana's was the June I Sth, 1994, in which we were told the motel was going to be built and there was nothing we could do to stop them. In July Frank Robbins contacted Mr, and Mrs. Hill to set up a meeting with the Ram's, Don Hill and himself Mrs. Rana called and canceled the day of me meeting Due to the neighbors obtaining the required opposition signatures to force a super vote to approve the venture, the petition was withdrawn and on November 8th a replat proposal was submitted. The neighborhood again protested and asked for a postponement. This was granted and RPS Ventura was instructed to meet with us. In the P&Z Meeting of Nov. 30, Dr. Evelyn Huey again asked if the Ram's bad met with us as P&Z requested and were informed by City staff that they oecIined to do so. The request fcr a replat on the property was subsequently denied. In December we were invited to a quickly called meeting between RPS Ventures and Plamiing and Development We requested that the meeting be postponed till January as many of our neighbors were out for the Holidays. The Rana's never responded to the letter. The only realistic effort that was ever made to meet with us, was your recent request. This was eleven months after the original meeting with your clients. There has been an immense sacrifice in ti me and money by the members of the Denia community in protecting our rights as citizens of Denton- Too many have worked too hard for too long for us to now sell out the future of our neighborhood community. Unfortunately our homes are near p-I 35E. When the freeway shred its way through Denton it isolated us and strictly defined our borders. We cherish our great neighborhood community and enrvironment too much to see it buried under the paving stones of supposed commercial progress. We will continua :bis fight for as long as it takes to protect our borders. Let RPS Ventures use their motel plans on land better suited for this commercial venture. We am sorry that your clients UM tIlQQ4Y on the attempt to build a motel, but many of our neighbors spent their lives building for their future here and we think their future peace and harmony is far more valuable. We will be available to meet with you arurl RPS Ventures Friday evening June 16th at 7:00 PM or Monday evening at the Dena Recreation Center to discuss alternate uses for the property. • Sincerely, /G n T. Weber Denia Area Community Group CC Frank Robbins ' • City Manager, Mayor and Members of the Denton City Cotincil • 1300 Uodsey Street Deotoo. Teaas 817.320.1429 FAX 817-391-8067 • 0 • iff7C VA Aped No . r ENCLOSURE 2 Ode ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE-CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.030 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PLOVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to 535-7(a) of the Code of Ordinances of the City of Denton, Texas, The Council of the City of Denton, Texas requested the Planning and Zoning Commission to institute a study and proposal for a zoning change in the public interest for 3.030 acres of land, more particularly described in Exhibit 1, attached hereto and incorporated by reference herein; and WHEREAS, on August 23, 1995, the Planning and Zoning Commis- sion of the City of Denton, Texas, by a 5-1 vote, recommended rezoning said 3.030 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Office- Conditioned zoning district classification and use designation, with conditions as set forth in Exhibit 2, attached hereto, and incorporated by reference herein; and WHEREAS, said rezoning was protested in writing by the owners of 201r or more of the property within 200 feet of the boundaries of the proposed rezoning; and WHEREAS, the City Council, by a 3/4ths supermajority, finds that the change in zoning will be in substantial compliance with the Denton Development Plan; NO3, THEREFORE, • ii THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION 1. That the zoning district classification and use jl designation of the 3.030 acres of land described in Exhibit 1, !i attached hereto and incorporated into this ordinance by reference, , • is changed from the Single Family 7 (SF-7) zoning district classi- fication and use designation to the Office-Conditioned (0(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the conditions set forth in Exhibit 2, attached hereto and incorprrated by reference herein. MAW • ~ a ,~enOaNo. - Q~te SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION M 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 ordini - ie to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBZRT L. PROUTY, CITY ATTORNEY • _ BY,. • • • PAGE 2 ee``r ~ tT.,y4 • • ` r. ~ 4 i~~7~'~a ~TTTT ~i r~,r~` r t~~ l~ • A • ~pendaNa 4Qendalten Oats ALL that certain lot, tract, or parcel of land lying and situated in the A. N. B. Tomppkins Survey, A•1246 in the City of Denton, Denton County, Texas and beinq more particularly described as follows: BEGINNING at the northeast corner of a tract deeded to Denton Baptist Association, recorded in Volume 1901, Page 698 Real Property Records Denton County, Texas; THENCE North 000 39F 00" East a distance of 367.55 feet to a point in th4 center line of I.H. 352; THENCE South 470 50' 42 East with the center line of I.H. 35E a distance of 199.61 feet to the Point of Curvature of a curve to the left, thru a central angle of 03' 391 240, radius of 3274.05 feet, and an arc length of 208.95 foot to a point for a corner; THENCE South 2511 610 West a distance of 472.41 feet to a point for a corner; THENCE West a distance of 115.03 feet to a point for a corner; THENCE North 000 181 12" West a distance of 29.16 f4%t to a point for a corner; THENCE North 000 39' 00• East a distance of 300.65 feat to the Point of Beginning and containing 3.030 acres of land. • ut004CB • a • 4p1nd1No ~peo0afie Z-"-007(2) Conditions I . There shall be no direct illumination of adjoining land zoned SF-7 or any other zoning district permitting single family residential use. 2. There shall be no motorized vehicular access to Lindsey or W illowwood streets from this zoning district. 3. M eight foot tall masonry wall shall be constructed along the southern and western boundaries of development in this zoning district at the same time or before development occurs in this zoning district. Such wall is not required to be constructed at the zoning district boundary. 4. Owner shall maintain a row cf trees at least 3 inches in diameter measured 4 fat above the ground, and no further th m 30 feet apart. treasured from trunk to trunk, between development in this district and the property currently used as a church on the western side of this district. 5. If and when the property in this district that now naturally drains to the south (i.e., south of the hashed area shown on •hibit 2, page 2) is developed, its drainage shall be directed to the north. 6. Any hotel or motel developed within this district trust include living quarters for a full time manager. i 7. No building in this district shall be taller than two stories. 8. The area on which a motel or hotel may be developed, including its accessory buildings and parking shall be confuted to the hashed area shown on exhibit 2, page 2. • • ~xxoar-s ' • • t f • A • • N1 WFJ a. N. H. T011~'i(iNB,s&auns61 ' a-, 'l POW / e S i I ~ +'Q1 ,i ~ .ate .'..~y_~.~ . 1 ! ~ fir. / ~I / . / / ~~C~Ij1-~ ` fir/ ~ / / , ~ / ~ nna.ssr 1+ -A OF on som I irw 11.00 4p av I rya iii/Iw"' J~► }r T pRELIMIN X I~ b PLAT A J R. G FOAOO0i 7 1 AND %r it A IWACT Of Af u AMJI. TOWWP MS R ` Uri., orxrow III, TVA *MAP= MICALS sews% W=19, ON" .w • _ w • ~IQetldt Na {Mate s ENCLOSURE 3 Z-93407(2) Conditlous 1. There shall be no direct illumination of adjoining land zoned and used for single family residential purposes. 2. There shall be no direct motorized vehicular access to Lindsey or Willowwood streets from development within the hashed area shown on Exhibit 2, page 2. There shall be no motorized vehicular access to Lindsey to or from the property in this district. 3. A minimum six foot tall fence or wall shall be constructed along the western boundary of development in this zoning district prior to the issuance of a certificate of occupancy. A minimum eight foot tall masonry wall shall be constructed adjacent to property in the district which is zoned and used for single-family residential purposes. 4. Owner shall maintain a row of trees at least 3 inches in diameter measured 4 fat above the ground, and no f irtber than 30 feet apart, measured from trunk to between development in this district and the property currently used as a church on the western boundary of this district prior to the issuance of a certificate of occupancy. 5. If and when the property in this district that now naturally drains to the south (i.e., south of the hashed area shown on Exhibit 2, page 2) is developed, the Owner must conswuct the necessary drainage itnprovelaents in accordance with City ordinances. Any portion of the property used for a hotel or motel use must drain to the north. I 6. Any hotel or motel developed within this district must include living quarters for an on-site manager. 7. No building in this district shall be taller then two stories. 8. The area on which a motel or hotel may be developed, including its accessory buildings and parking shall be confined to the hashed area shown on Exhibit 2, ;Age 2. • DA932IW 16r ov 5p1s2 ins inos•i • O • C ~ENTON O~~p00000 000 <-'Res o o 0 o 0 ° 0 0 OOO tir ti~~o~p 0000 N ~aoaaoaao • CITY COUNCIM • • a • ~~No ~ l CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 19, 1995 SUBJECT: Amend the Denton Development Plan for Intensity Areas Number 99 and 119. RECOMAIENDATION: The Planning and Zoning Commission recommends 5 to 1 that moderate intensity area 119 be expanded. SUMMARY: Part of the area is currently zoned C, Commercial and is develol. 5d, the ;est of the area to be changed from low intensity to moderate intensity is the subject of a rezoning from SF-7 to Office. See the P&Z report. B..CKGRGUND: This is a Denton Development Plan amendment begun as a consequence of and being considered with a zoning district change. PROGRAMS, DEPAkTMENTS OR GROUPS AFFECTED: Master planning program; Planting and Development Department; land owners in the rear (,'the proposed change. FISCAL IMPAC f: None. RESPE r'U)LLY S MITTED: V • Pre tired by: Ll yd V. Harrell, City Mane r Frank H. Robbins AICP Director of Planning and Development O • 1 Enclosures: 1. P&Z report. 2. Draft resolution. AXX0W0 a , 0 • a • spelt sNo No. Ap WalrorrtL--_-.__,....__ ENCLOSUREI P & Z REPORT TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission DATE: September 19, 1995 SUBJECT: Denton Development Plan Amendment; Planning Areas #99 & #119 DENTON DEVELOPMENT PLAN (DDP) AMENDMENT The DDP describes the procedure for raising an area's intensity standard. If the City Council or the Planning Commission wants to raise the intensity standard for a low or moderate area, the Planning and Zoning Commission and the City Council should conduct a special study session, focusing on the intensity question and the impact of changing the intensity standard. The specific study process shah be determined by the Commission or Council, but the study must examine the intensity allocation for the city as a whole and how that level will be maintained. However, if the standard is increased, this action does not mean automatic approval of an individual proposal.... ...The intent of the allocation policy is to maintain an intensity balance in each area so that the intensity in the City is equally distributed. The general policy is to not allow a disproportionate share of intensity; however, depending on the area and planning reasons, certain parcels may receive more than a proportionate share. The specific formula for calculating intensity is located in Appendix A. The DDP adopted in September, 1988, designated the area under consideration (#99) as a Low Intensity Area. The primary purpose of low intensity areas is to eum the overall land usel ransportation balance by controlling the overall density and intensity. Further, these areas represent primary housing areas in the City of Denton. Thus, these areas should emphasize residential use instead of a mixDjre of residential and nonresidential. The proposed amendment area is located within Intensity Study Area (Low Intensity) #99. T : current Mundaries of Area #99 are shown in Attachment 1. This area encompasses 381,77 gross acres, and is allocated at 117%. The proposed amendment area will be added to Intensity Study Area (Moderate Intensity) #119 (Attachment 2). Intensity Area #119 currently encompasses 165.16 acres, and is allocated at 751, • The LIDP, through the Concept Map, to a large degree recognizes the attractiveness of the 1-35 t♦ • Corri%or to nonresidential land uses. The area proposed to be added to Moderate Intensity Area #119 (shown on Attachment 3), is currently in the Commercial (C), Single Family 7 (SF-7), and Multi-Family 1 (MF-1) zoning districts. Current land uses on the proposed moderate intensity area include a hotel, bar/restaurant, gas station, and apartments. • • r ' 4genda No. 40ent1a~t late _ Mayor and Members of the City Council September 19, 1995 Page 2 ZONING AND ADJACENCY ANALYSIS The area shown in Attachment 5, is the area that staff has identified as being suitable for consideration as an intensity amendment. Attachment 5 also illustrates the zoning both inside, and outside, the proposed amendment. As can be seen from Attachment 5, a large portion of the amendmerr area is altrady at a moderate or greater intensity use by virtue of its zoning as Commercial and Multi-Family use. For this acreage, a move to moderate intensity would bring consistency between the actual zoning and the DDP. The remaining acreage is located in the Single-Family 7 zoning district and is currently vacant. This is the area being considered for rezoning to the Office zoning district. Across 1-35E is an area designated a "Moderate Intensity Area" while to the west and south is a single fami:y residential neighborhood in the SF-7 zoning district. With adjacency o apartments, motels, bars, and I-35E, single family or low intensity land usc,, would be difficult to market. 1lNFRAST'RUCTUREpND ENVIRONMENTAL ANALYSIS Water and sewerage is available now to hatdle moder rite land uses on the vacant SF-7 land proposed for addition. Transportation access is from the I-35E service road. Access to Lindsey or Willowwood should tit limited. Drainage improvements in the area to be added are need before development on the land that drains south were it to be developed. A relatively large number of trees have grown up on the northern part of the area to be added to the moderate area since the late 50's when there were few trees on this site. There is no tloodplain. ReIa-*'^:ely steeper slopes on the southern part of the property create some building and drainage ;onsiderations for larger buildings. However, the slope dm not present problems that can not be dealt with using common engineering draining improvement practice to preclude drainage problems from being created. The Denton Development Guide adopted in 19182, showed this area in a moderate activity ar►a (Attachment 3). However, a more precise "Guide" study area map slows this area in a low intensity area (Attachment 4). The base map for the "Guide" fhwly area was a zoning map. • Piease note the zoning district line at the proposed moderate activity area line. If the Council approves rezoning from SF-7 to Office or Office with conditions allowing moderate intensity land uses, the amendment along the P&Z recommended zoning line on the south would be appropriate. • RECOMMENDATION P&Z recommends approval of the proposed amendment to the DDP. r • r ApMaNo ApndaltettV._._.,, date Mayor and Members of the City Council September ',9, 1995 Page 3 ALTERNATIVES 1. Approve the amendment with the moderate intensity/low intensity boundary following the recommended zoning district line. (Attachment 5) 2. Approve the amendment for a lrrgaf atta, for instance to the southern boundary of ?PS's property. (Attachment 6) 3. Approve amendment excluding RPS property, along the ct:rrent C zoning distrk.-t line. 4. Deny the amp-ndment. 5. Direct that consideration be made is part of the DDP update. 6. Postpone consideration. ATTACHMENTS I . Intensity Study Area #99 Map and Data. 2. Intensity Study Area #119 Map and Data. 3. 1982 "Guide" nap. 4. "Guide" study area. 5. Study area 119 adding P&Z proposed zoning boundary on stwth. 6. Study area 119 Wing the area in the city initiated zoning. 7. P&Z Minutes fot August 23, 1995. • A% OOW .J y a rt r 1NTANSITY AR&A • TACHMENT 1 >t138 381J7 Acus C BOUNDARY DISCt1►T10N 'i 499"d,1N0 ' Walt= 1-359 and Bernard Serest AQenGeltp Waltz bonnl• D[a• South: Nlllorrod Street 4!1! s. ~rs 1 \ Cy ff i / , ~1 It r LOrrooD , OCALS 0 1000 2000 CrFVIWDI.V?M WAS r F- 4a • f r w, Am , ctimeNr W ~Q u LAND USE MANAGEMENT INFOMTIOW SYiiCK" - PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON intensity area It 99 Type: Low Intensity trips/40 69 Traffic survey tonast 6663 6660 boundary Descriptions Soutl: Willowood St. East: I-359 and Bernard St. Date: 01/06/90 West: Bonnie are* LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT SF-16 < 52 31 520 0 0 0 0 0 SF-10>16 135 50.79 1350 0 0 0 0 Q SF-7>10 167 44.97 1670 52.29 2196.11 0 0 V LESS SF-7 0 0 0 0 0 0 0 0 MOB.MOMES 0 0 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-li2 40 1.91 320 12.7 2540 0 0 q COM/RET 0 6.16 5759 0 0 0 0 p OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 0 INSTI'NAL 0 146.47 12449.95 0 0 0 0 q PARRS 0 0 0 0 0 0 0 0 R/0/SPACE 0 0.11 0 0 0 0 0 0 TRANSPORT 0 31.13 0 0 0 0 0 C AGRIC. 0 0 0 0 0 0 0 0 VACANT 0 64.99 0 0 0 0 0 0 TOTAL 394 361.77 22069 64.99 4736 0 0 0 INTENSITY CALCULATIONS (1) Intensity area total trips 311.77 times 40 21904 (2) Trips allocated to evistinq land use 12049 (3) Trips allocated to current toning incl. P Ds (not built) 4716 (4) Trips allocated to vaunt lands not toned plus lAlgqrio, toning 0 (5) Estimated unallocated intensity trips 3)minus(2)O(2)#(4) -1699 (6) Percentage of Intensity trips allocated III • C • 0 • ATTACHMEN'P 2 . tNTS/IITT IStA ♦ jig A "NO PSOOMDAST DiSC9111t10K ~ last: South Locust Street West: South Catcall, Greenlee Street, I-351, Setnard Stteet, Aoae Street, and Fort Worth Drive Notth: Cale Drive and Dallas Drive i it EACLE , / / Wz-111111 I L -*r- r- - MILL 1 MON Napa S ~ tuns tom- m Is T1 r WKKk S alEjI u ~ JJ ..J UASr,_~ 'L-l ~ 7,ir♦000 • J L. 10ALS v~N ~ e see ~eee • --,I~ ' , cp arr at MWM MAO tJ__n I 1 • • s 7 . y • Q • ATTACHMENT 2 ~endaNO. Ageadalter~ ~ T==~~ Data LAND USE MANAGFXENT INFORMATION SYSTEM PLANNING AND DEVELOrMENT DEPARTMENT CITY OF DENTON Intensity area 0; 119 Type: Moderate Intensity Trips/ac 35C Traffic survey zones: 6602 6664B 6566A 6587 Boundary description: North: Eagle Dr. and Dallas Dr. East: South Locust St. Data: 11/28/89 Fleet: S.Carroll, Greenlee, I-35,Bernard, Acme, Ft Wort LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSI: SF-16 < 5 3.31 50 0 0 0 0 C SF-10>16 30 8.61 300 0 0 0 0 SF-7>10 6 1.83 60 12.47 523.74 0 0 C LESS SF-7 2 0.39 20 0 0 0 0 MOS.HOMES 7 0.37 70 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 MF-1i2 274 11.15 2192 0.27 54 0 0 C COM/RET 1 41.35 26877.5 14.12 9178 0.62 0 403 OFFICE 0 2.07 724.5 0 0 1.2 0 42 INDUSTRY 0 1.62 170.1 0 0 0 0 INSTI'NAL 0 27.69 2353.65 0 0 0 0 C PARKS 0 0 0 0 0 0 0 _ R/O/SPACE 0 0.55 0 0 0 0 0 / TRANSPORT 0 38.53 0 0 0 0 0 C l AGRIC. 0 0 0 0 0 0 0 C VACANT 0 28.68 0 0 0 0 0 C TOTAL 325 166.15 32818 26.86 971%6 1.82 0 823 INTENSITY CALCULATIONS (1) Intensity area total trips 166.1! times 350 58153 (2) Trips allocated to existing land uses (built) 32818 (3) Trips allocated to current zoning incl. P Ds !not built) 10579 (4) Trips allocated to vacant lands not zoned plus Aqric. toning 0 (5) Estimated unallocated intensity trips 1)minuc(2J+(3)+(4) 14756 (6) Percentage of intensity trips allocated 75 • ONE THIRD RULE CALCULATIONS Acres Trips (1) Allocations for con\retail development 55.38 35999 (2) Existing con\retail land uses (built) 41.35 26878 (3) Current zoning for con\retail land uses 14.74 9581 (4) Total Trips\acrea allocated (2) + (3) 56.09 36459 (5) Unallocated trips,acres -0,71 -459 . • +a • I ATTACHMENT 3 age a't~►j,,~ it ~ _ ~ % S - \y • y"' 4 `v-t I / I \rl vodP1W i 4 00 " 11 0 em s LL, • Plate S TRANSPORTATION/ Very Otte Control of Intensity _ • • LAND USE INTENSITY BALANCE ■ Moderate ~s..tie•,« ]w•da • eSgnilicani • • r ATTACHMENT 4 gerO No, LAND USE INTENSITY STUDY ua00deI AMA 650 left S I-352 - Bernard - xillowwood - 1-35M Neighborhood 1. Study Boundaries This is a low intensity neighborhood of approximately 470 acres. The area is bounded by I-352 on the northeestr Sernatd on the east; Millowwood on the southr and I-35W on the west. These boundaries were chosen because they correspond to logical planning boundaries (i.e., toning, major streets, etc.) The intensity standard index for a low intensity neighborhood is 75 trips per day per gross acre. Ii, Evaluation of Neighborhood Intensity Based on Existing Land Use Step One: Calculate the approximate area acreage from the concept plan. This neighborhood is + 470 acres. Step Two: Calculate the total area trips per day 470 ac X 75 td/ac - 35,250 intens!ty standard. Step Threer Estimate existing land use in gross acreage and calculate C trip generation in area; Acreage Trips/Day 2,10 ac park X 30 td/ac ■ 63.00 130.90 ac Golf Course w 30 td ac ■ 3,927.00 186.40 sc Sr-7 X 47 td/ac - 8,654.60 1.40 ac Duplex X 100 td/ac a 140.00 ,70 a^ Inst X 85 td/ac - 59.50 38.60 so C/GA X 650 td/ac - 25,090.00 TOTALS; 362.10 ac 38,134.30 td step four: Estimate vacant land in area and calculate minimum development right reserve allocated for undeveloped lands • Intensity I 470.00 Total acrrage of neighborhood 362,10 Acreage of existing use land 107.90 Acres of remaininq vao:arc land x 30 Trips/days Minimum development right reserve • 3,237.00 Tripe/dayr Intensity development right reserve • • J • 0 • F Land Use Intensity Study Ap1ldaNo _ . Area J50 Page 2 ^Y~wa+^^--- Otrte _ Step Fives Estimate unallocated intensity capacity in total study Ares- Intensity 35,250.00 Total intensity standard for area (Step Two) - 36,134.30 minus intensity currently used in area 16tep Three) 3,237.00 ilinus intensity development right reserve (Step Four) -6,121.30 Amount of unallocated intensity Step Six: To check the intensity of a proposed developmenti Calculate the trip generation of the proposed development and compare to Step Five. If leas than the balance 1Step Five), then the proposed development is within intensity policy guidelines, III, Evaluation of Neighborhood Intensity Based on Existing Zoning Step One: Calculate the approximate area acreage from the concept plan. This Neighborhood is f 410 acres. C Step Two: Calculate the total area trips per day 470 ac X 75 td/ac r 35,250 intensity standard. Step Thresr Estimate existing land use in gross acreage and calculate current trip generation in area. Acreage Trips/Day 2,10 ac 74rk X 30 td/sc • 63.00 130.90 ac Cc f course X 30 td ac ■ 3,927.00 188.40 ac el.F-7 X 47 td/ac a 8,854.80 1.40 ac Duplex X 100 td/ac • 140.00 .70 ac Inst X 85 Wee a 59.50 38,60 me C/GR X 650 Wee * 25,090,00 • TOTALS: 362.10 ac 380134.30 td Step Four: Estimate current toned land in area and calculate the intensity of current zoning on vacant land, Land use • 470.00 Total ace a ge of neighborhood • 362.30 Acreage of existing use )and C 107.90 Acres of remaining vacant land t W ' emommessmem A ~•.rF. it M.nr .r.11.LWw ~.N err-Y.. r....~Yn.n.i i.i. . e.. 1•.'r l.V =Ar. r„N Land Use Intensity Study lgem& No, Area ISO Page 3 ~48ndal 'Ale current toning Intensity on vacant Land Acteag• T a D 60.80 ac Agri 3 30 td/ac ■ 1,824.00 12.10 ac S/-7 E 11 td/ac w 601.60 34.30 ac C,;R E 650 td/ac • 22,295.00 TOTALS: 107.90 ac 24,720.60 td stop live: Estimate unallocated intensity capacity in study area. Intensity f 350250.00 Total intensity standard for area (Step Two) - 380134.30 Minus intensity currently used in atea (Step Three) 24,120.60 Minus intensity on vacant coned land (Stop lout) -27,604.90 Amount of unallocated Intensity based on current coning on vacant land • Step Six: To check the intensity o." a proposed developments Calculate L the trip generation of the proposed development and compare to Step rive. If less than the balance (Step Five), then the proposed development is within intensity guidelines. 1 This area is 111 over the intensity standard based on existing land use and 761 over based on current zoning. • 05865 .t:.1....11 ISO • - o • N"MnY STUDY AREA 60. SCALS:1'•1000' R1 ~t V 1L F-71 - + 1-7 1 1 LL ` r. .'.V LIN _ -s i ~i I P., • 0 • Intensity Area #119 ATTACHMENT 5 y9~daND"`_'_ _ Odle. ~r r . ~ wr 64 If r M% ift it 4._,~' , IT•.,S•~GT - I# p ~M r R R1 w _L r • 6oO 'p .4 m 01MI elm Fit '4~- 1 -1 lop % 72 \ I 1 rr" r. sly 1R _ - !b!R^!_• i t7 71 few 4-4 X1.1 L -1 } F i t , t~ T t T .i M •~i _ ' A- - u # 96 r I • 0 • ~gendaNa. Intensity Area #119 ATTACHMENT igendal L,--,•,~ L!p ~.L. ~ f'i Yom! + N%R I y ~,•~r~~ ' I' f - i„ ~ ► _ • _ ' ~ t- .tom' T~ ~t i ti ~wl~~i ~{..u •r IYWL~ .rte{-= a~ 4Atii/. 17 44L --P64T .--.-i. a-yam ~p.N ~ L- D - - w p'~•;.r 4 own Dews - -ewes ~2 ~i ~ ~ i"2 1► c 114, J- 4 L MIA Ar r I ~ a 4pendaNo. ATTACHMENT 7 4gaodalt P&Z Minutes (krtP August 23, 1995 Page 6 Mr. Salmon: The easement is so that the city can access the property to perforta drainage functions. What he says is true, it is the floodway and our floodplain ordinance will allow the city to restrict certain activities in that area. As an example, if we don't have at, easement and something washes down and cases a blockage on his property, the city can't go in there and clean that out. If Mr. Muenks were to go in and put in a bunch of dirt we could, through our floodplain ordinance, try to get him to remove that. However, if we had an easement and we were having Mr. A,uenks remove the dirt from the easement, we could go in thcre and remove it ourselves and charge him for the removal. It gives the city a little more power to enforce its floodplain ordinance and also give the city the ability to do normal maintenance work when needed. Mr. Yenson: My understanding is that FEMA determines where the floodplains and floodways are in each community and they assign a floodplain manager. The City of Denton is the floodplain manager and t.'tey do have the right to manage that floodway, If that is the case then th-y do have the same access that they would have if it were an easement. Are you not the floodplain administrator for FE.MA for the City of Denton? Mr. Saimon: Yes and I can manage the floodplain, if there is not an easement, in as much as the flowdplain ordinance will let us do. If it is not an easement then we cannot legally get or, the property without written permission from the property owner. Ms. Russell: Any other discussion? All in favor of the motion to postpone please raise your right hand. Opposed same sign. Approved. (5-1) Mr. Jones opposed. W. Hold a public hearing and consider an amendment to the Morton Development Plan to reclassify property from Intensity Study Area #99 (Uw Intensity) to Intensity Study Area N 119 (moderate intensity). The area of the proposed intensity amendment is located on the southwest corner of the 1-35E service road and Bernard. Ms. Russell read the rules for the public hearing and opened the , jblic hearing. • Mr. Robbins: There are three items on your agenda tonight that are related. The Denton Development Plan amendment that we will discuss now, and then the following item is the zoning case in the same general area, and then toward the end of the evening we will discuss the amendment of the Denton Development Plan in its annual update. This is an item that would amend the Denton Development Plan to add the area shown in the highlighted area in the overhead from a low intensity area to a m-xierate intensity area. • That would expand intensity area number 119 which is a moderate activity area. The • • zoning case that is the next item on your agenda and one of the reasons the staff is recommending that this area be added to the moderate intensity area is that the zoning and the uses in this area are moderate or more intense than a moderate use. A commercial use • a • AOW Nom P&Z Minutes Apevalferrt~,,_,.^,_,.,._.__ kugust 23, 1995 Date___., Page 7 is allocated 650 trips and a moderate intensity area is 350 trips. The difference between moderate and low intensity policy this could be used to evaluate a zoning case. An applicable policy then moderate activity areas, land use diversity, which means a mix of land uses other than single family residential, multi family, retail, office uses, and so forth. When at an intersection the plan says that not the whole intersection should be in a commercial use, or a retail use. High density housing should be protected and in fact is encouraged bui limited to 750 units in a half mile area. Low intensity housing should be protected by setback, parking, bti:rering, and landscape requirements. There are a number of SF zoning districts in this moderate activity area. Discouraging strip commercial development through limiting curb cuts, plan review, and provision of adequate buffering. Intens-ty numbers associated with moderate area are 350. Some examples of moderate activity uses that are consistent with the allocation a 350 are apartment units at 35 to 40 units to the acre. Each apartment unit is allocated 8 intensity trips. That is the kind of thing that would be in accordance with intensity. Offices allocated on an acre basis are allocated 350 intensity trips. Motels would be allocated at 350 trips on an acreage basis and hotels. A retail use in a moderate activity are., that would be in accordance with the intensity policy about half of that area if it were a retail use would have to ix landscaped or left vacant. At 350 intensity trips you are not talking about a very large o' a real intense retail use. Relatively small, relatively low intensity retail or rather .ummercial uses would be consistent with the allocation at 350 intensity trips. Low intensity policy, those areas are principally designed for residential neighborhoods. Looking at this area there are some houses in this moderate activity area. There is some zoning for single family residential areas and certainly this area on the comer is now zoned SF-7 and pan of it has been used as home. Small scattered sites of apartments tnd non residcntial uses are encouraged. There are a couple of policies that relate to how that would be effected. In a low intensity are, ton residential uses are supposed to be separated by a half mile. In a low intensity area the size of the development, according to the policies in the plan, have to be no more than so many acres of use. So along a freeway that policy in a low intensity area is that those non residential uses should not be any larger than five acres. On smaller arterial streets it is three acres and on collector • streets it is two acres. There is a manufactured housing policy associated with this. There is a considerable difference between the intensity policy, between an allocation at sixty intensity trips per acre as opposed to 350 intensity trips. That is about six times more intense in a moderate activity acre than it would be in a low intensity area. When we make a plan amendment, or if a plan amendment is made it becomes part of the plan. We are saying that we plan for that area to be an appropriate place for moderate uses, For example, if a zoning case for office zoning with no condition, under moderate activity • policy that zoning would comply with most of the policies for the moderate activity area, • • particularly the intensity policy. If it is in a low intensity area it would be inconsistent and then there are a number of policy issues that would have to be addressed, That does not mean that the zoning case could not be approved. The office zoning district is in 7 v • A • agenda No agendalfem~_i, P&Z Minutes late August 23, 1995 Page 8 accordance with the intensity policy and does not violate the half mile rule. There still are issues associated with moderate activity areas that need to be taken into account if that low intensity housing is in the moderate area or adjacent to it. These policies, the low intensity housing protection and the strip commercial policies, are listed in the plan and in a number of other areas, With respect to issues that need to be studied, we believe that when we make those amendments we believe that the infrastructure availability for moderate uses should be analyzed. This property has adequate water and sewer available in front of it for moderate uses and of course it is on an interstate frontage road so it has relatively good transportation a:cess. One of the alternatives tonight would be to just include the existing cormercial zoning and the existing moderate or more heavy uses as part of the moderate activity area. From an environmental standpoint there are no constraints to the development of the property in moderate uses. An environmental issue and concern about the infrastructure though has to do drainage. There is a drainage 06de on the property. If the property were to be developed there would have to be some substantial off site drainage improvements built or on site such as a detention pond. The downstream drainage system is not designed now or built to handle moderate activity uses. One of your options may be to evaluate this now or later. Staff feels that those are engineering concerns and they can be engineered around so that there would not be an increase in drainage problems south of the site. In 1982 the city adopted the fknton Development Guide. There have been some changes and we now have the Denton Development Plan that we adopted in 1988. When this map was adopted the area under consideration tonight was in a moderate activity area. Later in the process the Denton Development Gui,?e, -are precise boundaries were drawn and study areas were defined. This is a map ti`s. uses the zoning map as its base map. Your options are that you can recommend approval of this item and the Council has to approve. You can postpone and request additional information. You can deny the amendment, or you can suggest that the line be moved, or you can not take action on it. Or you can postpone and direct staff that this area ought to be considered as pan of the overall amendment process for the Denton Development Plan. Ms. Schertz: Obviously scat; feels that this reeds to be reviewed at this time and I would like to know why they feel that we reed to look at it at this time, • Mr. Robbins: One of the issues that has come forward as pan of the zoning case that is 1 the text item has to do with consistency with the Plan and the staff has received outside legal recommendation that if you are going to consider irttiating a zoning case on this ground that you might want to consider amending your Plan. • Nis. Schertz: So basically the general characteristics of this particular parcel of lard has , • • changed since 1988? i Mr. Robbins; No it has not. All of the development in the C district occurred before 0 • a • AOendaNo _ P&Z Minutes AQentla! August 23, 1995 Elate Page 9 1OP8. The C zoning district has been that way since before 1969 and that is where the - -amg line was drawn when we adopted the map n 1969. One of the major issues is that a lot of our intensity areas are over allocated. The low intensity is this area is over allocated at 117%. Thirty percent of our low intensity areas are over allocated and the reason for that is existing development that is at a use other than low intensity and existing zoning for which there is an allocation. I think a goal for implementation of a master plan is the actual land use, the zoning, and the plan ought to be headed to the same place. Your goal is to get all of those things the same. There may be an incongruity with the thirty percent over allocation for existing zoning and existing development and that is one of the reasons why staff believes that the inclusion of existing zoning and existing development that is at least at moderate, ought to be included in moderate areas unless we really want to take steps to downzone the property and make those uses go away after you downzone it. That is an extreme step. It is not a step that Ns city has ever taken in all of the raster planning that is done to date. Ms. Flemming: Did I understand you to say that the city is trying to move away from strip zoning? Mr, Robbins: Yes, that's a policy. Certainly staying away from the strip commercial development is a strongly stated policy, in the goals and objectives in the Plan, Mr. Powell If we did not rezone in the next issue would it make my sense to do this now? Mr. Robbins: No sir. If you think that office without conditioned is an appropriate zoning then I would think that you would agree that this is a plan amendment. If you don't think that office without conditions is an appropriate zoning then at least one would think that it is premature to consider this plan amendment and probably inconsistent. Those that are opposed to the zoning case are also opposed to the plan amendment. We have an opportunity to look at planning and zoning together and the opportunity has to do ovith the level of detail. When we arc doing planning tie level of detail is fairly gross. wmn we • get to a zoning case the level of detaii [ w. atay be reviewed by the Commission aa. ' the Council gets down to very finite issues, Mr. Powell: Until we make a decision on item five we need to leave this one alone. I think we need to do this is reverse of the way that it is on the agenda. • Mr. Robbins: That certainly is an appropriate approach. • • Mr. Powell: I would move that we reverse these issues on the agenda. Until we make a decision on item five, I don't think we should decide on item four. /q i 4QettdaiNe _ Aflettdaltenl. P&Z Minutes August 23, 1995 Page 10 Mr. Drake: There are some people that would weigh your decision on five on the basis of your decision on four. Mr. Powell: I. guess the main reason I am saying that is that we may not even want to look at four if we didn't deride to change the zoning on five. Mr. Robbins: I think that is an appropriate approach. If you make a recommendation to amend the Plan tonight to change this to modetati! area, it does not change the applicable . policies for the neat item. It is still low intensity and will be low intensity unless it is changed and the Council has to act on that. Secondly I think that we have a public hearing announced and 1 don't know how you r if of that withcat continuing the public hearing, In tents of your point, once we get ough the public hearing you may decide that it is inappropriate to deal with this. Ms. Russell: Are there any other questions of Mr. Robbins. We are going to adhere to the five minutes and unless you have something new or different to present if you would just like to at some appropriate time if you have a leader that would like for you all to stand and be recognized whether you are for or against. If there is anyone that would tike to speak in favor of the petition? If there is anyone that would like to speak in opposition to the petition? Dr. Kathleen Eiland: My name is Dr. Kathleen Eiland and I live at 3919 Lariat In Ranch Estates. 1 am pretty much against this plan mainly for the reasons that Mr. Powell brought up. It seems a little bit suspicious that this was brought up right before the rezoning case. We are concerned about the change here because of a number of things. Changing the intensity will not change the zoning, In our opinion it would be wise to look at the master plan We need to look at this as a whole and not piecemeal. You don't get an overvlew of the whole city and how the intensity should be looked at and calculated. Strip commercial is not desirable and rat only in this area. We don't want Denton to start looking like Carrollton or Lewisville. We like Dento n's unique characteristics. Thal Is what brought all of us to Denton and we want other people to enjoy our city as we enjoy it. It is a neat place to live. The intensity of our area now with it at single family seven is only allocated at 107%. The drainage improvements that will be required, who pays for that? Do the developers have to pay for that? Ms. Russell: The developer. Dr. Eiland: We would like for you to table this until at least after the zoning case if not • • until the overall revie.. Mr. John Weber: Sly :tame is John Reber and 1 live at 1300 Lindsey Street. We would do . I r 1 v3 • c► • genAa No - 4genQalt P&Z Minutes August 23, 19'.)5 Page I1 like for you to table this. On page 33 of the Denton Development Plan it says tint if the City Council or the Planning and Zoning Commission wants to raise the intensity standards for a lower or moderate area, the Planning and Zoning Commission and the City Council should conduct a special study session focusing on the intensity question and the impact of changing the intensity standard. The specific study process shall be determined by the Corrunission or Co-incil, but the study must examine the intensity allocation for the city as a whole and how that level will be maintained. However, if the standard is increased this action does not mean automatic approval of the individual proposal. This would change the allocation of the city as a whole by increasing the intensity of the property. It should be included in the study of the whole intensity situation. We are opposed to this of course. We feel that in doing this, in changing the intensity of this property you are going to take away some of the controls that we might have on the upcoming possible zoning change. We would like to maintain it the way it is, we ask that you do so tonight, and we would appreciate your consideration of this. Mr. Powell: You said that you were representing yourself but throughout your speech you talked about we. Mr. Weber: I am representing the Denia Area Community Group. What you we out here is all of KendoIph, and a lot of people in the Denia Area. I am representing over seven hundred and fifty homes, Ms. Jennifer Phillips: My name is Jennifer Phillips and I live at 1114 Oakwood. I was looking though the Denton Development Flan and on page 88 it discusses major entranceways. On page 89 it states what the major entranceways are. It also says that given the prominence of the southeast planning area and the thoroughfare network in that sector there are likely to be pressures to locate high to moderate intensity land uses. On page 90 it says that the policy of this plan, therefore; is to restrict the further intrusion of high and moderate intensity land uses in this area. limited neighborhood services and high density housing corsistent with the standards for a low intensity area are not prohibited. There are several places where it talks about the traffic projections. Commercial and retail developments along 1.35E and University Drive will generate traffic that exceeds the plan's capacities. Also on page 38 it says that an increase that would change the overall intensity of the city should not be approved. If this one thing is going to change the overall intensity, then I think that the whole picture should be looked at. On page 105 it says that too many and too frequent changes in major policies may affect the confidence of property owners and investors. On page 31 it talks about strip commercial and it says that any form • of contim,ous strip commercial is strongly discouraged in or near low intensity areas. • • Ms. Joyce Snay: My name is hyce Snay and 1 live at 2007 Westwood. I agree with what has been said. i 11 • 0 • 1- a • r .4QAIIdA Na - . P&Z Minutes Aprdaliern,.,,- August 23. 1995 Date- Page 12 Ms. Russell: Is there anyone else that would like to speak in opposition? We will lose the public hearing. Let me ask Mr. Drake if we can postpone our vote on this until we here the other case. Mr. Drake: I think that the crux of item five is to determine the appropriate zoning for the area. One of the ways in which the appropriate zoning is determined is in reference to intensity under the Denton Development Plan. To the extent that there is an appropriateness of rezoning this property tc some use that may increase intensity, this issue needs to be addressed and probably should be addressed prior to that determination. Ms. Russell: So we would be fine in holding our vote in obeyance until we moved on to the other and then come back? Mr. Drake: There wouldn't be any illegality to that. In terms of zoning practice I think that it would probably be better to handle this item first, it certainly wouldn't be illegal to consider the other item first. Mr. Powell: What bothers me here is that we would be making this decision and the only the reason that we would have to make a decision at all is if the zoning is changed. 1 don't know how the members on this board are going to vote on that. If they were to vote "no" why would we even fiddle with it. I would think that it would be best to postpone. Mr. Drake: I don't agree with your initial premise. I think to consider this strictly as an issue of enabling a zoning change is probably going at it the wrong way, you are probably right. On the other hand 1 think that what you need to look at is what is the appropriate ase for this property bearing in mind its location, its use, and its potential future use. There are a number of criteria and the concept of amending the Denton Development Plan is not unheard of. 1 know that we have done it in the past and we will probably continue 1 to do so in the future on a piece by piece basis. • Mr. Robbins: if a member of the Commission says that he is trot sure what to do on this subject, but if 1 got some additional information potentially with a zoning case at a later date, I would think that the commissioner was not prepared to vote on an amendment to the plan. I think that kind of thought process is appropriate. I don't think that the Plan says that you have to do a Denton Development Plan amendment every time that you have an intensity issue associated with a zoning case, You don't have to do that now. • Mr. Drake: 1 think Mr. Robbins points are very well taken on that issue and 1 agree with • • that. Mr. Moreno: I agree with Mr. Powell. I would rather hear from the public on the 0 4' e, 0 e I- a • gema N o. 4gencaltem P&Z Minutes Ve _ - August 23, 1995 Page 13 upcoming issue before I am ready to vote on this particular issue. i Air. Powell: I move to postpone consideration until a later lime. Mr. Moreno: I'll second. Mr. Jones: 1 think that what you can do is to table this item to a specific time such as after item five. Mr. Powell, 1 will accept that as a friendly amendment. Ms. Russell: Is that agreeable to the second? Mr. Moreno: Yes it is Ms, Russell: All in favor of the amendment please raise your right hand. Opposed' Approved. (6-0) All in favor of the motion as amended please raise your right hand. Opposed same sign. Approved, (6-0) f V. Hold a public hearing and consider rezoning of 3.753 from Single-Family 7 (SF-7) zoning district to the Office (O) zoning district. The subject property is located on the south side of I-35E, south of Lindsey Street. Nis, Russell opened the public hearing. Mr. Robbins: The City Council has initiated a zoning change on the property outlined on the overhead. It is in a low intensity area, number 99, and it is at 107 % allocated. With respect to the uses in this area there is a church, there are single family houses, there is also a small apartment complex, a motel, and a bar. In 1969 the zoning map was amended in this area. At some point in time between 1969 and 1971 a line was drawn on the zoning map and we have not found an ordinance, minutes, or a case to show why it was redrawn. In June of this year the Commission reviewed a zoning case on this property. This is a different line from the line that was shown on the previous map. In June of 1994 the Rana's proposed a zoning change on this property. The Planning and Zoning Commission recommended approval of the office zoning district with conditions and the conditions were going to be part of a site plan. So the condition in that office district was that a site plan e had to be approved with it. The bufferyard on the site plan was the thickest and most ' dense in terms of trees that we would have adopted with a zoning case. There were about • • thirty-eight trees per hundred linear feet in this bufferyard and an eight foot masonry fence. One of the conditions that the Planning and Zoning Commission placed on this before it would go to the Council was that at least three fourths of those trees would be on the i • • LII:DWDP.IItC '~MoMo 40enda!t~_, ENCLOSURE 2 ~(e RESOLUTION NO. A RESOLUTION AMENDING APPENDIX A OF THE DENTON DEVELOPMENT PLAN BY CHANGING THE BOUNDARIES FOR INTENSITY AREAS 99 AND 119 DEFINED THEREIN IN CONFORMITY WITH THE MAP ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT 1, BY EXTENDING THE BOUNDARY OF INTENSITY AREA 119 ALONG THE SOUTH SIDE OF I-35E TO ITS APPROXIMATE INTERSECTION WITH LINDSEY STREET, AND REDUCING INTENSITY AREA 99 CORRESPONDINGLY TO ACCOMMODATE THE EXPANSION; AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN TO CONFORM THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Council of the City of Denton, Texas has, pursuant to 535-7(a) of the Code of Ordinances of the City of Denton, Texas, requested the Planning 6 Zoning Commission of the City of Denton, Texas to institute a zoning change in the public interest for 3.030 acres of land located within intensity area 99, as defined by Appendix A of the Denton Development Plan; and WHEREAS, the light intensity level defined for area 99 is already over-allocated; and WHEREAS, the Council of the City of Denton, Texas finds that the moderate intensity level defined for adjacent intensity area 119 provides a more appropriate and harmonious intensity level for the area proposed to be rezoned; and WHEREAS, changing the intensity allocation for this area would require amending the Concept Map by expanding the boundary of Moderate Intensity Area 119 and reducing the boundary of Intensity Area 99 by a corresponding amount; and • WHEREAS, the Planning and zoning Commission has recommended approval of the amendments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS: SECTION I. That Appendix A of the Denton Development Plan is ' • hereby amended by adopting revised boundaries for Intensity Areas 4 99 and 119 as shown on Exhibit 1, attached hereto and incorporated J herein by reference. SECTION II. That the Concept Map of the Denter, Development Plan is hereby amended to conform with the revised boundaries herein established for intensity Areas 99 and 319. • I- p f - Date SECTION III, That this resolution shall become effective { immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY .1 PAGE 9 kt, Ilk 0*. !~OAM .d , i A"i&1~ • 0 • intensity Area # 119 AST ~feeda No~ _ 1 T' A. vim 0 7 ~L+~-'~ . id j sue. ~ onf-, t•~_=~ `tom , ..s . • r. 4.: 1!► ~,:r - .~''i. -t- L ~ . 111 ~ i MEMNON 1 • o . I o a DENTON 0000000ooo000 oo, ~ opo Oo G ~ 0 0 0 0 ( ca o 0 0 0 OD o~ ~ p 000 ti r ° pppp , ~~p0 oooaaoaoo • CITY COUNCIL ~ • • r • w • ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUi;DS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with :he procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the '*Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 1789 FIBERLINK SUPPLY EXHIBIT A 1790 FIBERLINK SUPPLY EXHIBIT B 1791 STEWART AND STEVENSON $ 81,845.00 1801 BRITTON BUILDING MAINTENANCE $ 77,810.92 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to • purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bide wish to enter • into a formal written agreement as a result of the acceptance, • 0 approval, and awarding of the bids, the City Manager or hie designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. {I~lId1No. - Agendalten~.._....•-- Qata~.r----- SLCTION 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 accordanc3 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 r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY BY: • s~ ti A "lull 1 BID i 1789 BID NAME TI CIIANNEL BANKS FIBERLINK OPEN DATE AUGUST 27,1943 r DMCRlIPTIO?f 1. NACII 24 SLOTCIIANNEL BANK 14,100.00 SINGLE CIIANNE L BANK YEAS OR NO EXHIBIT A 2. EACH 12 SLOT CHANNEL HANK $3,400.00 EXTERNAL RINO GENERATORS 1260.00 (IF REOUIRE D) 3. EACH PROGRAMMING ! MANGEMENT •3,066.00 QOFTWARE 4. EACH DUAL FXS APPLICATION CARDS $328.00 S. EACH DUAL FXO APPLICATION CARDS 1328.00 6. EACH DUAL 4-WIRE E t M CARDS 1270.00 7 EACH SYNCHRONOUS DATA CARDS 1362.00 RS-4221449 56 OR 64 KBPS 8. EACH SUB DSO RAM S PORTS RS-232 11,125.00 CARD, POINT TO POINT 9. EACII =-232 BREAK OUT PANEL 1203.00 DELIVERY 21 DAYS TOTAL BID PRICE 143,710.00 O • • v .4..: 4akkf'y ref u"4 ,!5C/ r.. 1 i ♦ f ~ =tf { ti a SID # 1790 ~Q8fb8N0 BID NAME 100 MBPS NETWORK BACKBONE FIBERUNK 49enGa W EQUIPMENT ate OPEN DATE AUGUST 22, 1995 1. EACH FX8800 MAGNUM 100 CHASSIS ;712.50 2. EACH CC MI/110110 VAC POWER SUPPLY $562.67 3. EACH CC8821/48 48 VDC POWER SUPPLY $637.50 4. EACH CC8IQL-1300-MIST COMMON $3,000.00 LOGIC- LASER- 20db EXHIBIT B S. EACH CC814AL-1300-SISTCOMMON $2,137.50 LOGIC-LASER-20db 6. EACH C C8d33ho NETWORK MANAGEMENT $837.50 MODULE 7. EACH OC8861ET1INTERFACE MODULE $1,012.60 DELIVERY 21 DAYS $64,525.00 PLUS FREIGHT ai r •3yJ'1 Yt, - i • f .1 5oWo No ` . ' y Walt Date DATE: SFPPowE819 =7 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1789 - TI CHANNEL BANKS RECOINNDATION: We recommend that bid items 1-9 be awarded to the lowest bidder, Fiberlinlt Supply, in the amount of $37,618.00 for initial purchase, with prices remaining firm for 1 year should additional acquisitions be required. (All substations are not currently included in this network). SUMNARY: This bid is for the purchase of electronic components used to improve - the communications utilized in our substation SCADA network data exchange, elect.-ic metering data and protective relaying communications. This equipment will allow us to migrate away from vintage telephone cable currently in use and provide flexibility and adaptability for future communication requirements. The TI Channel Banks translate conventional voice traffic to a digital format, combines or multiplexes it with data traffic and develops a telephone industry standard signal known as a "T1" for transmission. Public Utility Board recommends approval. BACKGROUND: Tabulation Sheet, Minutes for Public Utility Board meeting of September II, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Metering and Substations Division. FISCAL IMPACT: Funds for this equipment are available in the 1994-95 Utility CIP Funds Account 1 811-080-RR87-FO01-9252-CBOOl01A $100002.00 0 611-080-RR87-F002-9252-CB00201A $ 7,309.00 i 611-080-RR87-F004-9252-CB00401A $ 8,789.00 I 811-080-RR87-F006-9252-CB00601A $ 80789.00 1 / 611-080-RR87-F009-9252-CBOOSDIA :6,789.00 • Res l1y gsubed: d lJ y . Ha City Manager Approved: ~ . c Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent {)7.A6tIN71 •'k~~w r. ii i. • • r . • t - BID 1789 JD E T1 CHANNEL BANKS PIBERLINK RFL WESCO WESCO/ ELECTRONICS PULSAR TECH P TE AUGUST 22, 1995 ALT. QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR I CH 24 SLOT CHANNEL BANK $4,100.00 $5,055.00 $8,447.00 $8,443.00 SINGLE CHANNEL BANK YES OR NO 2. EACH 12 SLOT CHANNEL BANK 13.400.00 $3,745.00 $4,088.00 $4.088.00 EXTERNAL RING GENERATORS $260.00 (IF REQUIRED) 3. EACH PROO RAMMING A MANGEMENT $5,066.00 NO CHARGE NO CHARGE NO CHARGE SOFTWARE 4. EACH DUAL FRS APPLICATION CARDS $328.00 $775.00 $600.00 $600.00 S. EACH DUAL FXO APPLICATION CARDS $128.00 $680.00 $600.00 $600.00 6. EACH DUAL 4-WIRE E & M CARDS $170.00 $560.00 $750.00 2750.00 7. EACH SYNCHRONOUS DATA CARDS $561.00 $410.00 $700.00 NA RS-422!449 56 OR 64 KBPS 8. EACH SUB DSO RATE. S PORTS RS-231 $1,125,00 111060.00 $700.00 NA CARD, POINT TO POINT • I 9. 8 EACH RS-232 BREAK OUT PANEL $103.00 $495.00 1100.00 NA HCV RELAY 51,400.00 DELIVERY 21 DAYS 60 DAYS 30 DAYS TOTAL BID PRICE $43,710.00 146.053 00 $47,395.00 $34,795.00 ~~A74~i KOM • v I I' PUB EXCERPT September 11, MS NO aQendai •~"'ter Date 2. CONSIDER APPROVAL OF BID /1789 FOR TI BANKS & BID 11790 FOR 100 Maps NETWORK BACKBONE EQUMENT Following extensive discussion and summaryAwAground information provided by Ray Wei1S. Calls made a motion to approve both of the bids as presented. Norton seconded the motion. All ayes, no nays, motion passed unanimously. • ~ { N,f. Jn ck S ry i , DATE: SEPTEMBER 19, 190 CITY COUNCIL REPORT +4g t1daN0 TO: Mayor and Members of the City Council ~gOQa~~ FROM: Lloyd V. Harrell, City Manager Date SUBJECT: BID #1790 - 100 MBPS NETWORK BACKBONE EQUIPMENT RECOMMENDATION: We recommend Items 1-7 be awarded to Fibertink Supply in the Initial purchase amount of $62,029.50, with prices remaining firm for 1 year should additional acquisitions be required. (All communication centero are not currently on the electronic network). SUMMARY: This equipment Is Intended to be utilized in the expansion of the electronic communications network. It will primarily be utilized in the upgrading of the Electric Substation SCADA Data System, Electric Metering data and relaying of data from communication center to communication center. Some aquipment will be utilized to upgrade communication links with City Hall West. This equipment will provide for greater flexibility and improvements in future communication requirements. The Magnum 100 equipment bid accepts the telephone industry TI signal from the Channel Banks and transports It between data centers (substations). The Magnum 200's Counter Rotating Rings provide uninterrupted communications in the event of an equipment outage or fiber optic line breakage. Public Utility Board recommends approval. BACKGROUND: Tabulation Sheet and Minutes from Public Utility Board meeting of September 11, 1995. PROGRAIMS DEPARTMENTS OR GROUPS AFFECTED: Electric Metering and Substation Div s on as occupants o City Hall West ac lity. FISCAL IMPACT: Funds for initial purchase are available from 1995 Utility CIP Funds and City Hall West Renovation funding. CIP Account # 611-080-RR87-FO01-9252-CNOO101A $ 8,825.00 0 611-080-RR87-FOOS-9252-CB00601A $90712.50 # 611-080-RR87-F004-9252-CB00401A $ 9,712.50 # 811-080-RR87-F007-9252-CB00701A $ 83850.00 # 611-080-RR87-FO02-9252-CB00201A = 81850.00 # 811-080-RR87-FO09-9252-CB00901A = 80850.00 City Hall West Account 9,229.50 Ad. lly sub ted: CLI a I City Manager A roved J Name: Tom D. Show, C. P.M. Title: Purchasing Agent f 14.1OPNDI1 ' . lift . A r ♦•'r'( /!~1`-i~M 4` t~4- ~ ~ ~r > > i 4S rr1.l,lN ! r .1 t- ! C ~ It.. .'0x4 p } 1 . r r r.ruuovai - I ID. / 1700 ID N ME 100 MBPB NETWORK BACKBONE FIBERLINK WESCO EQUIPMENT P N ATE AUGUST 22, 1096 TY DESCRIPTION VENDOR VEND R VENDOR END R VENDOR 'ICH FX630oMAONUM100CHASSIS $712.60 NO BID 2. P-ACH C$602.60 7. EACH CCSS2U4S 48 VDC POWER SUPPLY $037.60 4. EACH CC$14/L-1700-M/STCOMMON $3,000.00 LOOIC-LASER -20d► S. EACH CC314/L-1500-S/STCOMMON $2,187.60 LOGIC-LASER-lode 6. EACH f3/m NETWORE MANAOEMENT $837.60 MODULE ~ E 17. JJ EACH CCU618TI IN'IBRFACEMODULE $1,012.60 f DELIVERY 21 DAYS $64, 626.00 41 PLUS FREIGHT 1 I ~ I I j y ~I r^J~ g a curl ~ .:v, r t Gf'ktA` r e y t....aq +s,'P'~-,r~F G3 '''Ct t Ga G f~~ `jt r lss 'i. • r • PUB EXCERPT lgmxWNo' September II, 1495 ~WWWL Ott 2• CONSIDER APPROVAL OF BID #1789 FOR TI BANKS dr BID 11790 FOR 100 INbps NETWORK BACKBONE EQUIPMENT Hollowing extensive discussion and summarylbackground information Provided by Ray Wells. CQpka made a motion to approve both of the bids as presented. Nor= seconded the motion. All ayes, no nays, motion passed unanimously. • J 7 t~ r" f i 3QADd8 N0 IOCflQ21tEmr, DATE: SEPTEMBER 19, IM CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1791 - DIESEL POWERED MOBIL ELECTRIC GENERATOR RECOMMENDATION: We recommend this bid be awarded to Stewart and Stevenson in the total amount of $81,845.00. SUMMARY: This bid is for the purchase of a mobil 565 KW Diesel Generator which will be used as a backup power source for five of the remote sewer lift stations. It may also be used to power raw sewer pumps or backup blowers at the Water Reclamation Plant in the event of a sustained power outage. This unit is sized to satisfactorily supply temporary limited emergency power to both Denton Hospitals. This generator will replace a 1947 year model 100 KW diesel generator. One bid was received in response to eleven bid pa^_kets mailed to vendors. BACKGROUND: Tabulation Sheet, Public Utility Board Agenda Item Memorandum and Public Utility Board Minutes recommending approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water Reclamation, Water Utilities Department, Water Utility Customers o the City of Denton. FISCAL IMPACT: Funds for this purchase were budgeted in the 1995 CIP Account f 874-082-RB93-V523-9107. Respec y submit d r o V. Harrell City Manager Prepared by: _ o • -bjnnm AJ ~f Name: Denise Harpoo Title: Senior Buyer Approved: LA ~ - Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent IMAM" r b~` a 4 ;Ya " f J 1. i r n~M JA ',s~+TM{~_x. "'may i 1 . BID A 61 I klAluc DIESEL POWERED ELECTRIC STEWART GRAINGER GFNYERATOR STEVENSON EO TE AUMST 22, 1995 V, H DIESEL POWERED ELECTRIC =81,646.00 NO BID GENERATOR 56S KW CONTINUOUS STANDBY, 2771400 VOLTS, 3PHASE, 41 MIRE, 60 HERTZ, .e POWER FACTOR AT ISW RPM DELIVERY 70 DAYS i 1 i J j. ~I 1 O Aq~No, Sept^F 51995'- PUBLIC UTILITIES BOARD AGENDA ITEM /To: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER APPROVAL OF BID s 1791 FOR THE PURCHASE OF A DIESEUGENERATOR RECOMMENDATION: The Utility staff recommends approval of low bid for the purchase of a 565 KW Diesel/Generator (from the Stewart and Stevenson Company) in the amount or $81,845. SUMMARY: The City of Denton currently operates 17 remote lift stations. These lift stations have single source power supply and five of the lift stations are not serviced by the City of Denton Electric Utilities. In the event of an outage at these five stations we would be subject to the priorities of another utility for restoring elec-;o:al services. Currently a 1947 vintage 100 KW generator is available for back a. This generator can independently power most of our smaller lift stations, The 100 KW generator can not power Hobson, Cooper Creek, or Hickory Creek lift stations. The 565 KW Diesel/Generator will be capable of providing power to all of our lift station facilities. BAC .iOUND: ..though the primary purpose of this generator is to prevent lit station bypass ft can also be used to power raw pumps or back up blowers at the Water Reclamation Plant in the event of a sustained power outage. ADDITIONAL BENEFITS: The 565 KW Generator can also be used to perform bypass pumping of collection lines in the event of a line collapse or stoppaga. This generator will w be trailer mounted and various size pumps will be available depending on line flow rates. The unit will be equipped with telemetry to allow monitoring of pump and generator status by the existing SCADA system. Remote monitoring will help reduce the manpower requirements in the event of a long term bypass pumping project. 0 a y A ;QWa NO 4geaMtsq.. 'ate PROGRAM/DEPARTMENT OR GROUPS AFFECTED: Denton Citizens, City of Denton Water Reclamation Plant FISCAL IMPACT: Funds were provided for this place d equipment in the 1995 CIP project tt95-0470-04 at $80,000. Respectfully submittw, 4FRLE., Executive Direct Utilities Prepared by, Howard Martin, Director of Erfvirorvnental Operations Exhibit I: Bid Tabulation Sher Exhibit II: 1995 CIP Project Description • O i • • 4QendaN° 4geadaltem.~----- CITY OF DENTON PECAN CREEK WATER RECLAMATION PLANT LIFTSTATIONS LIST 1995 CITY LIFTSTATIONSs Barrow Wimbelton Cooper Creek John Knox Hobson Zimmer(35W) Granada Londonderry(os) Hickory Creek #1 Hickory Creek N2 Bent Oaks Border Cowboy Twin Lakes Camping World 14 Liftatstiona Denton County COOPS Union 76 1 Liftstation TU Electric Denton West Vacation Village Corinth Grissom . 4 Liftstations Others 2 Street Lights Total of 18 liftstations and 1 out of service iAi "d • Ja[., _i:h~GM1Y~2laxbi?( }P~}4~ina~r 44 I 'A r-, 1995 CAPITAL IMPROVEMENT PROJECT -~Ga-047Q-d PROJ TITLE: (R) DIESEL GENERATOR ESTIMATED COST: $80 (x 1000) GROUP ASSIGNME DESCRIPTION: Replace existing 1947 vintage 100 KW diesel generator with 565 Kw desel generator. PURPOSE: To provide more dependable source of electric power back up during emergency situations. Power backup for an remote lit stations to minimize lift station sewage over flows during loss M electric power. Includes conversion to 440 volts or 240 volts. COST CALCULATION: 8!ewaA and Stevens - Dallas 565 Kw generator 580,000 D.C. Irdernational - Ft. Worth 565 Kw generator $82,000 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES tin Dollars x 1000) M First Otr. Second Qtr. Third Qtr. Fourth Otr. £NC EXP ENC EXP, ENC EXP ENC EXP 1995 1 1 0 0 0 0 0 0 1996 0 0 0 0 0 0 0 0 r 1997 0 0 0 0 0 0 0 0 ENCUMBERANC,ES CASH EXPENDITURES f BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $80 $0 s0 $0 $80 S80 s0 $0 s0 $80 r TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 • GRAND TOTAL $80 so $0 $0 $80 $80 $0 s0 $0 $80 ENCUMBERANCE DATES: Encumbered as spent. PHASE DATE AMOUNT General Purchase 12194 $80 0 Engineering Design , lo"ction Construction Miscellaneous ENCUMBERANCE TOTAL $80 COMMENTS: I 318194 9:55 Pn r 1i c Yy • .li R'iM-fro _ : ,;•~...a.... n. ...._..._._...........-.....,,...r.www..+ww r.w•wsw*,*126QM0W A! K PUB EXCERPT A~I1QgNt) Seplember 11, 1995 i~ CONSIDER APPROVAL OF BID 01791 FOR DIESEL POWERED ELECTRIC GENERATOR FOR WASTEWATER LIFT STATION BACKUP PUMPS Following extensive discussion and su nmary/background information provided by Howard Martin. Norton made a motion to approve the bid as presented. lbommn seconded the motion. All eyes, no nays, motion passed unanimously. • J 141. 14 ZIP' t • _ o • ugba,±~ No,., - ApeadaN - Date - DATE: SEPTEMBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1801 - JANITORIAL SERVICES RECOMMENDATION: Council approve award of Bid 1801 Janitorial Services to thb low bidder, Britton Building Maintenance, in the amount of $77,810.92 per year. SUMMARY: This bid total is $3,580.00 more per year than the lest bid awarded In 1993. Two vendors responded out of fourteen potential vendors that received bid invitations. Britton is satisfactorily servicing some of the other city buildings at this time. This bid Is for annual cleaning of the recreation centers which are: Civic, Senior, Denis, N. Lakes, Goldfield Tennis and MLK Jr. Recreation Centers. BACKGROUND: Tabulation Sheet memorandum from Mary Ragusa, Facility Management PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Parka, Facility Management, Citizens and Patrons o Denton Recreation Centers. FISCAL IMPACT: Funding to betaken from the 196 operating budget account #100- 032-0002-8502. Respec lly submitted: V. Harre City Manager Prepared by- 0~ '1. Q 4d-~-'"-~ • Name: Mela a A. Harden Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 675.A~IN71 • W • • 1801 B NAME JANITORIAL SERVICES MEMBER BRITTON I f BLDG BLDG O E DATE SEPTEMBER 7, 1995 MAINT. MAINT. VENDOR- -VENDOR 1 -VENDOV J~s 2 MO CIVIC CFNTER(MTWTHF)AFTER - o 10P.M. OR AFTER SPECIAL EVENTS $20 264.40 $2056596 P4 1/YR _ CLEANING HIGH WINDOWS $125.00 $125.00 o2lYR CLEANING LOWER WINDOWS $200.00 $200.00 Q P3/YR CLEANING CARPETS, TRACK, ! OFFICES $975.00 $975.00 _ 2. 12MO SENIOR CENTER(SMTWTH)AFTER J 10P.M. AND (MTWTH+F) 1-2P.M. i{ AND AFTER ART FESTIVAL $16,800.48 $17,081.88 - A. 2/YR_ CLEANING WINDOWS $240.00 3150.00 B. i 31YR _ CLEANING CARPETS $450.00 $223.00 3. 12 MO DENIA RECREATION CENTER (MTWTHF)AFTER 10 P.M. A (SUN) AFTER 3:30 P.M. $9,726.96 $12,135.49 A. 2JYR CLEANING WINDOWS t160.00 (40.00 8. 2/Yit CLEANING CARPETS $100.00 350.00 4. 12 MO N. LAKES RECREATION CENTER- (MTWTHF) AFTER 10 P.M. AND (SUN) AFTER 3:30 P.M. $9,726.96 $12,135.46 A. 2/YR CLEANING WINDOWS --I! $160.00 $40.00 _ .I ~v CLEANING CARPETS - $100.00 $50.00 B. 2/YR_ _ • 5. 12 MO. TENNIS CETER (MTWTHF) AFTER 0 P.M. (SAT)AFTER 7 P.M. AND (SUN) AFTER 3:30 P.M. $2,837.04 $2,733.00 A. 2/YR f CLEANING WINDOWS $60.00 $30.00 _ 6. 12 MO MLK, JR RECREATION CENTER 9MT WTHF) AFTER 10 P.M. AND SUN AFTER 3:30 P.M. - $10,453.80 $10,524.12 - e A 3/YR l.1_EANINO WINDOWS _ _ $525.00 $450.00 B 3/YR CLFANING CARPETS 5450.00 (100.00 TOTAL $82,354.64 $77,810.92 J- i • C11Y0,'l ~dpbld: ~G~, ~ 95 0ata CITYof DENTON, TEXAS MUNICIPAL BUILDfNG / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM TO: Melanie Harden, Buyer PROM: Mary Ragusa, Administrative Assistant DATA September 8, 1995 SVBJSCT• Janitorial Services Bid #1801 for Recreation Centers Please proceed with accepting the above referenced bid proposal from Britton Building Maintenance, Inc. Britton was the low bidder with a total bid of $77,810.92. IE you have any questions please call me at 7201. Ma ry~Ra sa, nistrative Assistant 2134.FM • s i ~ s 0 • DENTON oooooaoaooooQOO oo°` o °o aG ~o 0 M o t ° o 0 0 D c~ co O OOO r ~ ~0~0 0000 a N, ~ 0000 ~oQ000 • • CITY COUNCIL ~ • I a • AP*N0 AWMI ORDINANCE NO. 00 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1785 SOUTHWEST INDUSTRIAL CONSTRUCTORS $125,485 1798 DAVIS 6 HAWKINS, INC. $ 480725 1799 JAGOE PUBLIC $5420209 1799 DICKERSON CONSTRUCTION $436,002 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. • r ppendeNo,.~,~ _ ApendaltertV..,~.~_ Date SECTION IV. That upon acceptance and approval of the above competitive bide 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 1995. BOB CASTLEBERRY, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BYt • • s r • _ a Venda No, 406311end~ late DATE: SEPTEMBER 19, 1906 CITY COUNCIL REPORT TO: Mayor rind Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1785-ADDITION TO MUNICIPAL GENERATING STATION RECOMMENDATION: We recommend this bid be awarded to Southwest industrial Constructors, the only bidder for the majority of the project, in the total amount of $125,485.00. SUMMARY: This bid is for all labor and materials necessary in the construction of an expansion of the technician shop, turbine generator parts storage area, crew training room and engineering staff work area. These areas have been outgrown by the Electric Production Department. Construction will total 3,340 sq. ft. at a cost of $37.50 per sq. ft. Three bid proposals were received in response to sixteen notices mailed to vendors. BACKGROUND: Tabulation Sheet, Jim Thune's memorandum dated September 6, 1995, public Utility Board Minutes recommending approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric Utility Department, Electric Utility Customers o the City of Denton. FISCAL IMPACT: Funds for this project will come from 1995 budgeted accounts: 610-101-1011-3110-9201 and 610-101-1011-3140-9205. Respec y submits L1o Harrell City Manager Prepared by: Name: Denise Harpoo) Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6.11.lIOBPD~ et~~4 1, • • BID NAME NEW OFFICE ADDITION DAVID SOUTHWEST BCI TO MUNICIPAL GENERATING HO£NIG IND MECHANICAL STATION ELECT. CONST. OPEN DATE AUGUST 3, 1996 1. ; 1 STRUCTURAL STEEL AND $34,302.00 CONCRETE 2. I 1 AC SYSTEM INSTALLATION $21,318.00 $15,900.00 F 3. 1 ELECTRICAL SYSTEM $14,860.00 $14,060.00 INSTALLATION 4.: 1 DRYWALL, CEILINGS, DOORS, $47,014.00 FRAMES HARDWARE, PRE- FINISHED METAL SIDING 16. ~ 1 PAINTING $4,666.00 6. 1 CARPETING AND FLOOR $4,236.00 COVERING BOND CC YES YES NO i $126,486.00 • ! I 90 DAYS • • I i i • h- a • t AQW2 No City of Denton Utilitid" - 1701 A Sp&xer Road* Denton Tear 76205.181-, 363 . -55, • c o 81-, 38. -555 September 12, 1995 Tom Shaw Purchasing Agent City of Denton Subject City Council consent agenda item Bid 1785 Addition to municipal generating station De_r Tom: Please prepare a consani zgenda item for the attached raiutswan a 156898 Support documentation is provided as follows. RECOM N ENDATION. The electric utility recommends executing a purchase order with Southwest Industrial Constructors Inc for construction of subject described facilities The Pubitc Unlity Board approved this recommendation during the September 11. 1995 meeting SLINNARY Spencer plant technician. storage and oRice facility areas prop tde limited space and no longer serve the needs of the division, Working wnh Alar Nelson .architects. plans and spectflcatwns wer.- developed to upgrade these areas within the limnahum of ceestinu floor space C construction v ill include building a second level on the turbine floor of the existing building thereby doubling usable floor space. Southwest Industrial Construct 1rs Inc furnished low bid tier specified construction The electric utility recommends executing a purchase order for construction of the specified facilities BACKGROUND This facilities upgrade ;,inject for the Spencer station invokes the followtnv improvements Technician Shop - The existing shop facility has lung been to small for the wurk requited %Vurkspue and storage facilities for critical equipment and supplies ha%c been insufficient for the plant's a requirements This construction will increase shop space so that the electrical and ! ! instrument technicians will have adequate area to p.rtorm repair work on file plant's equipment Reliability and utilization of critical test equipment Hill also be inipro%ed Turbine Generator parts storage • Repair material and supplies for the :ur>ines and uenerawrs haN a been maintained in • L:F4 M Y1 S!{~ ti~1~YN`'I j. I L •:,,SM a... i • _ i Vella Na. i 4gerldaltem Tuttt Shaw ~1¢ Page 2 September 12, 1995 makeshift storage areas. Maintaining reliability and integnty of these areas has been difficult due to the lack of permanent structures. This construction will provide permanent facilities to shelve and store critical components Crew Training room - The existing crew training area is limited and does not provide adequate space for station personnel to gather for group meetings. This construction will provide facilities fbr group meetings, training and safety sessions. Engineering staff' work area - Present staff office space is limited and has required dispersion of personnel. This construction will increase their space, centrally locate staff and allow shared utilisation of computers and other engineering res=ces. Construction will be implemented in two stages. The first stage will provide the technician facilities The second stage will provide engineering staff space and critical storage !facilities. Existing floor space and perimeter walls will be utilized in the new construction. A second level will be incorporated doubling the present utilization of available floor space within the building Construction will total 3340 sq ft. at a cost of 537.50 per sq, ft. FISCAL IMPACT: Cost for the project was quoted at $125,485.00 from Southwest Industrial Constructors. Other bids were received for portions of work insuffici:nt to provide a completed project This item was included in the 1995 budget Please advise me if additional material or int'ormaucn %swld be helpful in preparation of this matter for Council approval • Thank yoti. • Jim Thune ' • • -aianegerer. Electric Production Dt%+ston cc Bob 'N'elson purchase file rq I ~689S 0 ~ r r i x r ptntQaNo._ _ PUB EXCERPT September 11, 1995 btt 1. CONSIDER Ai'9ROVAL OF BID NI795 FOR UPGRADE OF THE SPENCER PLANT TECHNICIAN WORKSHOP, TURBINE GENERATOR PARTS STORAGE, CREW TRAINING ROOM AND PLANT ENGINEERING STAFF WORK AREA Following extensive discussion and summary/background information provided ' by Jim Thune. Norton made a motion to approve the bid with conditions requiring specifics to the Executive Director for the proposed renovation to meet ADA compliance, if applicable, establish proper emergency exits and evaluate acoustical issues in compliance with OSHA standards. QjW seconded the motion. All ayes, v nays, motion passed unanimously. • • r DA CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID f 1798 - METAL BUILDING RECOMMENDATION: We recommend Item #1 be awarded to the low bidder, Davis k Hawkins, Inc., in the amount of $48,725.00. SUMMARY: This bid is for all materials and labor necessary in assembly of a 50' x 100' x 12' metal building to be located at the pole yard on Spencer Road. This , building will be utilized by the Substation Department as an office and shop area and by the Electric Distribution Department as a training and storage area. Item i2, Storage Bu,'tding for Landfill, will not be awarded. Submitted bid prices were nigher than the amount budgeted- Four bids were received in response to seven Invitations to Bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Substations Department, Electric Distribution Department, Electric Utilities, Electric customers of the City of Denton. FISCAL IMPACT: Budgeted Funds for 1995 Electric Substations Distributing Account # 610-132-1032-3900-9101 and #810-103-1031-3900-9101. Respec y submi t Llay . Harre City Manager Prepared by: RAJ _ Name: De se Harpool Title: Senior Buyer Approved: J Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent ue.Aaanne . • • ,y BID # BID NAME METAL BUILDING SOUTHWEST WAYNE DAVIS & AMERI-FAB TIM KATY INDUSTRIAL ALLEN HAWKINS BUILDERS OPEN DATE SEPTEMBER 7, 1995 CONST. CONST 1. 1 EA ETAL BUILDING 50'X100'Xt2' $71500-00 $78,170.00 :~18172b.00 $6262`387.00 SM.334-60-1 2. 1 EA METAL BUILDING 40'X60'X18' $37.100.001 $41,024.00 $W.711.00 $24,179.00 $21B.290.00 ADDENDUM 01 YES YES ADDENDUM #2 YES YES DELIVERY 150 DAYS 99 DAYS 70 DAYS 48 DAYS BID BOND ADD ON: 1. 2' SAND :600.00 2. SAWCUT CONCRETE $160.00 3. VAPOR BARRIER $200.00 MARKUP & BOND 8 =208.00 i i o r. • r O • f l CITY Of DENTON MUNICIPAL UTILMES 901-A TEXAS STREET DEMOk TEXA; 76201 JOWRANDUK Too Tom Shaw, Purchasing Agent FROKs Stay D. Wells, Superintendent of Substations, Metering, and Communications DATBs September 11, 1995 SUBJECTS Metal Buildings, Bid # 1790 res rrrrrra~rn~~sr~r~r arms....... r rrsrrr~rrr~rr~rr~rrrrrrrr~rrrrr After evaluating the bids for the Electric Utilities Metal Building, we recommend award of Bid #2798 to Davis & Hawkins, Inc. The reasons for recommendation of bid to Davis & Hawkins, Inc. are as follows: The price for Bid #1798, Metal Building is $48,725.00 by Davis & Hawkins, Inc. The bid of the Metal Building from DaviQ & Hawkins, Inc. is the law bid that meets specifications as requested. I recommend that we award the bid for the Metal Building to Davis & Hawkins, Inc. at the price of $48,725.00. Respondents were as follows: S.W. Industrial Constructors, inc. $71,500.00 l Wayne Allen Constructors Co. inc. $78,178.00 Davis & Hawkins, Inc. $48,725.00 Ameri Fab $52,367.00 • Tim Beaty Builders, Inc. $580335.50 DS:tn Bid#1798 'Oodicatedfo Quality Swvks' :Fly • r AP9y INa Ap odaltefl_ V DAIM 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID /1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT REC ONNM RATION: We recommend this bid be awarded to the lowest bidder for each section: Jagoe Public water utilities ;542,209.00 Dickerson Construction sewer utilities $438,002.00 SUMMARY: This bid is for all labor and materials necessary in replacement of approximately 8,300 ft of 6" and 634 ft of 8" water lines and 3,400 ft of 8" sanitary sewer in the Egan and Panhandle area of Denton. This Is an area of aging utilities which are located in the alleys and are virtually inaccessible for repairs. This replacement will relocate the water and sewer to the front of the properties. Three bids were received in response to ninety-nine notices to bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum to Public Utility Board dated September 11, 1995, Public Utility Board Minutes recommending approval. PROGRAMS DEPARTIIENTS OR GROUP3 AFFECTED: Water and Sewer Departments, U li es, Water i Sewer Customers o the City of Denton. FISCAL 08pACT: Budgeted CIP Funds for 1995 for Water and Sewer Replacement. R spec y submit oy Harrell City Manager Prepared by: • Name : Denise Ha• o~ol~ Title: Senior Buyer , Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent ue.~aao~ i 1 J. s ID E EGAN/PANHANDLE AREA JAOOE DICKERSON TRI-CON UTILITY REPLACEMENT PUBLIC CONST. SERVICES P TE SEPTEMBER 7, 1996 CO VENDOR I ~--arr_____ 1. TOTAL BID AWARD - WATER 1§4g209.001 444.00 796.50 - TOTAL BID AWARD - SEWER $631 636_00 002.00 NO BID _ 744.00 5086.448.00 Y J TOTAL BID AWARD $1,073 ADDENDUM !H YES YES BOND YES YES YES f ALT. ALT. SANITARY SANITARY SEWER SEWER 11253.200.00 $260.480.00 I I • I • I • ' ?"6 ,f`.tl.Y •~+f(,`~.ni~4~'~tai.~~,~,ue,~~+*,~.~F • Q r Velld3No _ Apdaltem,, - Orate September 11, 1995 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. NELSON, EXECUTIVE DIRECI'OR OF UTILITIES SUBJECT: CONSIDER BID OPENING NO. 1799 FOR CAPITAL IMPROVEMENT PROJECT EGANIPANHANDLE AREA UTILITY REPLACEMENT RECOMMENDATION: The Utility Staff recommends award of a contract to Jagoe Public Construction Company of Denton for the amount of $542,209.00 for the construction of Egan/Panhandle Water Replacement (Exhibit 1). We also recommend award of a contract to Dickerson Construction Company of Celina for the amount of $436,002.00 for the construction of Egan'Panhandle Sewer Replacement (Exhibit 2). SUMMARY: Bids were opened September 7, 1995, with a total participation of three bidders. Jagoe Public Construction Company of Denton, Texas, is the lowest qualified bidder for the water replacement portion of the protect. Jagoe Public's bid is $542,209.00 for 8,340 feet of 6 inch water, 634 feet of 8 inch water, 1 174 feet of 4 inch water and 13,401 feet of private water service line relocations. Most of the service lines are being moved from the rear alley to the front of the property. The bid for the waterline is $226,791.00 under budget and $2,622.00 under the engineer's estimate. Dickerson Construction Company of Celina, Texas is the lowest qualified bidder for the sewer replacement portion of the project. Dickerson's bid is $436,002.00 for 3,384 feet of 8" sanitary sewer, 979 feet of trenchless rehabilitation, and 662 feet of 12" bore & grout. The bid is $2,002.00 over • budget but $36,204.00 under the engineer's estimate. • • • • AQI -&N9. Agelida!tem-~_ Page 2 Egan/Panhandle BACKGROUND: The Egan/Panhandle area is one of the oldest residential areas of Denton and the water and sanitary sewer utilities are showing their age. Currently, all utilities are located in the rear alleys or easements in this region. These alleys are no longer easily accessed due to overgrown trees, shrubbery, and undergrowth. Fences, houses, and garages have been erected within the alleys. In some areas the utility lines can not be accessed at all due to the structures over the line. If there was a water main break in one of these areas repair would be nearly impossible. Therefore, this project will move all water service to the front of the properties allowing for easy access to the water meters and main water line. The relocation of the sanitary sewer main to the front was the next logical move, but after a thorough analysis it was found impossible to do so without the elimination of sewer service to certain homes. The current sewer main is in poor condition and is undersized. City crews have responded to numerous sewer complaints including od3r problems, sewage backing up into homes, and sewage running on the ground. The sewer line is also located under various structures. The lines are in such bad condition that the City can not clean and flush them. Utility crews have only been able to camera a small portion due to its condition. Some areas will be replaced using the standard open cut rr,ethod where feasible and tha other areas will be replaced using trenchless technology. The waterline on Panhandle is being replaced due to the number of breaks that have occurred. This project is beirig done in advance of repaving the street. AGENCIES AFFECTED. The citizens of Denton, Denton Municipal Utilities, Jagoe Public Construction • Company, and Dickerson Construction Company. FISCAL IMPACT: A total of $840,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for • construction of the water replacement and $476,000 is budgeted in revenue • • funds for the Fiscal Year 95 CIP for the construction of the sewer replacement. See Exhibit 4 (Fund Analysis) for more detail. 0 0 • r- ap r ACW&No Agenda l teaq"_..._.._ _ _ Date Page 3 Egan/Panhandle Respectfully Submitted, R. E. Nelson, Executive Director of Utilities Prepared by: Gerald P. Cosgrove, P,E., Engineering Administrator Approved by: Wkw ~k Howard Martin, Dire or Environmental Operations • Exhibit 1: Location Map - Water Exhibit 2: Location Map - Sewer Exhibit 3: Bid Tabulation Exhibit 4: Fund Analysis , • Exhibit 5: CIP Detail Sheets • J\ 1 0 _ a • K Date- CDRDELL CDR DEL L-- L ICRESENT CRESCENT CRESCENT CARLTDN W n z J L~l O M J D LINDEN a Q a o BR{7ADNAY J W ❑ o PANHANDLE I~' It I L EGAN EGAN L °u Z L cnN- GRES a Aw SCRIPTURE Z D ARKNAY ~ ANDERSON J w x PEARL O d Ix GRACE FHAYNES = L, a Z m AVE. GREGG W. OAK a W. H4CKORY L Elli EXHIBIT 1 EGAN/PANHANDLE WATER REPLACEMENT SCALE: x=600' . a • CORDELL COR CRESENT CRESCENT CRESCENT C CARLTON LAJ z O J Q LINDEN ~ a o u ~o BRCADVAY -j J W PANHANDLE ~ ~ ~ '1 ELAN £GAN C O CON- GRES Z C r > J W SCRIPTURE z 0O ARKVAY J [ANDERSON z `zz W PEARL 1 O i a cz GRACE HAYNES Q a m L AV. GREGG W. OAK W. HICKORY +~Q I n EXHIBIT 2 • I EGAN/PANHANDLE SEWER REPLACEMENT I I scmz: i• ssoo+ • 0 I T • • ELAN/PANHANDLE AREA UTILITY LINE REPLACEMFNT YYAATER BID TABULATION SHEET Jagoe Public CoasL Mcnon COasL Trl4ba Services I I-EM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 2 Q-A 6 Water Line 8.340 1 F 524.00 5200,160.00 531,75 52F4.791.00 545.00 $375,300.00 2 12-B 8" Water Line 633 LP 526,00 Sf6,484.00 537.00 $21,458.00 $47.00 $29.79300 2 12-C 4" Water Line 175 IT 522.110 53,150.00 $40400 57,000.00 $44.00 $7,700.00 6,4-A 10" Bore & Pressure Grout 35 IT 5120,00 $4,200,00 5100.00 53,500.00 5450.00 $5,250.00 2.16-A 3!4" Water Service (public) 139 LF $600.00 $83,400.00 $350,00 $41,630.00 5450,00 $62,550.00 216-B 3!4"Water Service (private) 13,401 EA 510,00 5134,010.00 S8 0d $107,201.00 510.00 $134,010,00 2 16-C 2" Water Service (public) 2 CA S800.00 $1,600.00 $1,300,00 $3,000.00 5800.00 51,600,00 214 Fire Hydrant 14 EA 51,600.00 522,400,00 $1,500.00 521,000.00 $1,800.00 523.20000 SP-44 Remove Fire Hydrant 7 EA $400.00 52,800.00 5500,00 $3,500.00 $500.00 $3,500.00 SP-40A Cut d Plug Water Line I I EA $500.00 59,000.00 5300,00 59,000.00 $350.00 $6,30000 2 13.1-A 6" Valve 23 EA $400,00 $9,200.00 $450.00 5(0,350.00 $400.00 $9,200.00 2.13,1-B 8" Valve I EA 5500.00 $500.00 $700 OD MOM $700.00 5700.00 3-B Remove Co-,c. Curb k Gutter SO LF S600 $30000 $10.00 5500,00 .18,00 5400.00 3-A Remove Conc. Pavement 6 SY S20A0 $120.00 540,00 5240.00 52100 $IS0.00 f i 2-A Concrete Curb & Gutter SO I,F $10,00 5500.00 $10,00 $500.00 $20.00 S1,00000 5.8-A 6" Concrete Pavement 6 SY S40.00 $240.00 $40.00 $240.00 563.00 5390.00 SP-2 Concrete Saw Cut 28 IF S4.00 5112.00 $3.00 $140.00 53.00 584.00 39 Sod 440 SY S8.00 $3,520.00 $2.50 $1,100.00 $5.00 $2,200.00 SP-42 Remove Valve Stacks 21 EA 5120.00 $2,520.00 $200.00 54,200.00 540000 $1,400.00 SP-43 Asphalt Saw Cut 11,088 LF $1,00 ;11,018,00 $1,00 $11,018.00 $2400 $22,176.00 1.21 Contractors Warranties and I LS $25,820.00 $25,120.00 510,000.00 $10,000.00 $24,000.00 $24,000.00 Understandings 8 1 Barricades, Warning Signs I LS $4,000.00 54,000.00 57,500.00 57,50000 550,000.00 $50,000.00 and Detours 3 1 Preparation of ROW I LS $1,000.00 $1,000.00 $500.00 1300.00 $10,000.00 510,000.00 • SP-10 Rock Excavation 50 CY $30.00 51,500.00 $25.00 51,250.00 $20.00 51,000,00 SP-37 Excavation Protection 900 LF $1.00 5900.00 $1.00 $900.00 $1.00 $900,00 3,12 Temporary Erosion Control I LS $1,000.00 $1,000.00 $500.00 $300.00 $3,000.00 S SP-39 Pr*ct Signs 2 EA 5350.00 $700.00 $250.00 $500.00 3500.00 S SP-46 Misc. Sprinkler System Adj. I LS SI,000.DO $1,000.00 $1,000.00 $1,000.00 $4.000.00 2.12.8 Ductile Iron Fittings 2.850 LB 10 213.00 2.50 S7.125,00 $175 qf • TOTA L $542,209.00 S$49,444,00 57 ,7 SO M x 00 - w • O • • EGAN/PANHANDLE AREA UTILITY LINE REPLACEMENT SEMEB BID TABULATION SHCUT Jagot Pablk Conn. Dickerson Cons4 TrLCoo Servkn IIL161 DESCRIPTION OUANI'DI'Y UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UN1'fPRICE 'TOTAL 2 12-C B Sanitary sewer 3,314 1 f 550,00 5169,200,00 $52.50 5177,660,00 50,110 Sr(w) 212-D 6"Sanhagsewer 8 11 SMOU $400,00 $100 MI S8f)OAO $0.00 SO 00 S11•43 TrcnchlcssRehabilitation 979 1.1' SIM!00 $97,900.00 571000 $68,330,00 50.00 SO.00 64-11 12" Yore L Pressure Grout 662 11 11511.010 $99,300.00 S IDU,00 $66,200.00 $0.00 S0.011 SP-43 Asphalt Saw C'ul 2,298 I F 51.00 $2,298,00 $101 $2,29100 50.00 5400 WS-11 SewcrSmlce 96 LA 5701.00 $67,200.00 1390.00 537,440.00 5000 5000 SI1.40 A Cut [ Plug Sanitary Sewer I3 LA $501.00 56,500 .00 SSMI.00 $6,500.00 $000 $0.00 7.6-A 4' Diameter f;anN)Ie 15 I;A S1,SIA0.00 $22,5(10.00 S1,300.00 522,5110.00 $0.00 $0.00 SP-41 RcmnceManhole I I'A S500 (10 S5MI,00 51,501,(10 SI,500DO 50.00 SODO 76.8 RebuildManlrne 3 LA 51,50100 54,50000 S1,3MI,00 54,50040 10.00 $000 3-B Remove Curb 3 Gutter 48 11 $10.00 $480,00 510.0) 1480.00 $0.00 50.0Y0/, 1-C Remove Conc. Walks is Drives 22 SY 55.00 $110.00 $25.01 $550.00 50.00 50400 8 2-A Concrete Curb & Gutter 36 LL 510.00 $36000 110.00) 5360.00 $0.00 $0.00 8 3-0 6" Concrete Driveway 6 SN, 540.110 5240.01 540.01 $24000' 50.00 SON 8.3-A 4" Concrete Sidcwatk 19 SY 522.0) 5411,00 $23.00 1475.00 $0.00 50.00 SP-2 Concrete Saw Cut 109 0 1' $4.00 $436.00 $5.00 5545.00 50,00 S0.00 3 !03 Seeding 3,104 SY 12.00 56,201.00 5025 5776.00 SO.00 SO00 SP-37 Etcavation Prulection 2,324 1 1' 51.00 52,324,00 $2.00 54,648.00 $7.00 50.00 SP-10 Rock Evcat ation 50 C Y 530.00 $1,500.00 S2500 51,250 00 %).00 10.01 SP-39 Project Signs I EA 5351110) $350,00 523000 $250.00 1000 s0 N 1 21 Contractors 91'urramics and I Is S21,J I I fp 5251311,00 510,0011.00 510,000.00 !4.00 5001 Undmianelings 11 Barricades, Warning Signs I LS 53,000.00 53,00000 52,300D0 52,300.00 $0.00 $0.00 and Detours 3 1 Preparalion of ROW I I S S9,OUO4t3U 59,000,00 SIP,000400 $IO,000,DO 10.00 $0.00 3 12 1empurury Erosion Contrul I IS 15(X).()0 550000 S3,5(n110 $3,500.00 50.00 SO.00 !I SI1-1 Abandon 6lunhule 5 !:A SSODIX) 54,010.00 SI,OM1,00 55,000,00 $0.00 50.00 • SP-46 Mite SprinklerSysient Adj. I I.S SI,MM.00 51,000,00 52,500.00 $2,500,00 SO.00 so (XI SP-4 Dower Water Lines _ 2 FA S3 Mln W $6.00000 S2 501010 55 000 00 $0 .00 50110 TOTAL $531,535.00 5436,007A0 $0.00 AL1 F.RNA1 E 810 IFF,N1 DESCRIPTION UANIIIY UNII IJN11'PRICt'1H OTAt. LOJI'PRICE TO' AL IT PRICE TOTAL a 2 i2•C 1' Sanitan sewer 3.662 11 SSf f f10 IA.1,Ff1D. 00 5S. 20(,410.00 D0 • SP-45 TrenchlemRchibili0ation 701 1f 510000 $7010000 17000 54907000 5000 • TOTAL $253,200.00 5250,480.00 $0.00 N aler Replacement Total St 09.07 9 .00 1794,795.50 Sewer Replacement Total 331 S.W5.00 12 $0.00 Grand Total SIA73,7a4.00 $995,446.00 I5794,795.!0 1 1 I Sewer Alternate Total SI53,200,00 Sa50,410.00 51,00 • _ o EGAN/PANHANDLE AREA UTILITY REP3SMOLMENT------ Agendaitw . FUND ANALYSIS Date WATER DISTRIBUTION (REVENUE) STATUS COST FUNDSOURCE 95-0461F05 $470,000 95-046IF06 S370,000 TOTAL FUNDS $840 000 EXPENDITURES Surveying Estimate $18,000 Design Estimate 530,000 Inspection Estimate 523,000 ` Construction Bid 5542,200 TOTAL EXPENDITURES 5609 AMOUNT OVER/ UNDER BUDGET 5226 791 FUND ANALYSIS SEWER COLLECTION (REVENUE) STATUS COST FUNDSOURCE 95-047IF06 $476,000 TOTAL FUNDS $476 000 EXPENDITURES Surveying Estimate S 11,000 Design Estimate 519,000 Inspection Estimate S12,000 Construction Bid 5436,002 TOTAL EXPENDITURES S4` AMOUNT OVER/(UNDER) BUDGET S2 002 EXHIBIT 4 • . r • 0 • t~y5 CAPITAL IMPROVEMENT PROJECT # 95-0461FO5 ; o ~ PROJ TITLE: (RX1994) STREET REPLACE WATER UNES SQendalM 1151 ' ESTIMATED COST: $470 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Panhandle-Malone 10 Dentwi 8' 3,340 LF $ 289,000 Egan-Bryan to Alice 6' 1,300 LF $ 181,000 Total T-470,000 PURPOSE: R6pWc+1 MIOrsized and deteriorating water lines in Order to Protect Integrity o( water system. COST CALCULATION: Design S 26,000 Construction t 444,E Total 8 470,000 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES on Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 444 148 0 148 0 148 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL IST YR $0 $444 $0 s0 $444 80 $441 $0 80 $444 TOTAL 2ND YR 0 0 0 0 0 0 O 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 =444 so 80 $444 $0 $444 $0 $0 $444 ENCUMBERANCE D 4TES Encumbered as spent. PHASE DATE AMOUNT OBJECT/ • Surveying 03194 8 9 Engineering Design 04194 $ 17 Inspection 04M $13 Construction 04195 $431 • . ENCUMBERANCE TOTAL ypp COMMENTS: This is a multiyear protect beyinnin in 1994. Encumberarxxs Prior to 1945. g $8 26,000 Current CIP 444, 3/23194 16:51 TOW Project Budget $ 47011XHIBIT 5 pg f F d~ , 711i01~ • i- A • r 1.995 CAPITAL IMPROVEMENT PROJECT Al 95-0461 F05 PROJ TITLE: (R)(1994) REPLACE WATER LINES AQ@}dltdF~- - Oete ESTIMATED COST. $370 (x 1000) GROUP ASS,GNMERT: 5 DESCRIPTION: Egan-Malone to Bryan relocate services S 12,000 Congress-Malone to Bryan, or 2,030 LF $ 177,000 Alice to Ponder Lire to Egan 6' 710 LF $ 55,000 Bryan-Scripture to 100' N. of Linden 8' 1,960 LF S +26,000 Total 4,700 s 370,000 PURPOSE: Replace undersized and deterioratlng water Ines In order to protect Integrity of water system. COST CALCULATION: Design $ 22,000 Construction X8.20 Total $ 370,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES on Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP £NC EXP ENC EXP 1995 0 0 348 116 0 116 0 118 19% 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL IST YR $0 $348 s0 s0 $348 SO $348 s0 $0 $348 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YP 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 S%48 $0 s0 $348 60 $348 $0 $0 $348 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT • Sur,"ng 03194 $ 9 Engineering Design 04194 $13 f Inspection 04195 $10 Construction 04195 sm ENCUMBERANCE TOTAL $370 COMMENTS: This is a muttlyear project beginning in 1994• CEncumbeapncaa Prior to 1995. $22,000 sm. Total Project Budget $$70,000 3123M 18:57 P r • • lyy5 L;AF'IIAL IMPKUVtMENI eHUJE:I:i if 95-U4/1FU6 PROD TITLE: (R) 1994 REPLACE SEWER LINES ESTIMATED COST: $476 (x 1000) GROUP ASSIGNMENT: 5 OESCRIPTION: Repiace deteriorating sewer fines, reloate sewer serv,ce and increase size where necessary io accommodato bad. Easement between Panhandle & Egan from Bryan to Denton 618 Brig' 2,590 LF $240,000 Easement between Egan Q Congress from Ponder to Alice 818' 1,320 LF $120,000 Alice, from easement between Egan iL Congress W 360 5 to Easement between Panhandle & Egan Lot on, from Egan to 100' north of Scripture MR 640 LF $ 57,0001 Congress, from Malone 10 a0' west of Liven "1 275 LF Lim TOTAL 5,085 LF $476,000 PUFPOSE: Reduce maintenance coats and Improve quern Integrity. A portion of the existing Wis runs under houses. CALCULATION: 1994 Design as $30,000 1995 Construction - $446,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPEWITURES On Dows x 1000) First Qtr. Second Qtr, Third Qtr. Fourth Qtr. ENC EXP ENO EXP ENC EXP ENC EXP 1995 0 0 446 148 0 149 0 149 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 iNCUMBERANCES CASH EXPENDITURES BOND REV A1C OTHER TOTAL BOND REV AIC OTHER TOTJ,L TOTAL 1 ST YR $0 $446 $0 $0 $446 $0 $446 $0 $0 $446 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $446 $0 $0 $446 $0 $446 $0 $0 $446 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT 0 Land Purchase $0 Surveying 03194 $11 8583 Engineering Design 03194 $19 8560 . Inspection 02195 $12 8552 Construction 02195 $434 9114 d 9138 • • ENCUMBERANCE TOTAL $476 COMMENTS: This Is a multiyearprojecl beginning In 1994. 9 Fr►axnD rent to 1995 $"46M Current CIprbr CIP Total Pro)M Budget Fff M. 3/18194 9:23 • A i +Sett~aNo_ PUB EXCERPT AgendaIwq _ September 11, 1995 Dale 6. CONSIDER APPROVAL OF BID 01799 FOR EGAN AND PANHANDLE WATER AND SEWERLINE RENOVATION ) lowing extensive discussion and summary/background information provided vy Howard Martin. Thompson made a motion to approve the bid as presented. tr'orton seconded the motion. All ayes, no nays, motion passed unanimously. 1 • • I ~ • c DENTON 00 ''0 00 Q o 0 0 0 ( ° o O ~ 0 SOD ~ DO OHO ~ ~ooo 0 N. ~ odor QoQOOa°~o • CITY COUNCIL 0 0 o • JlQledlffo Dell ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE ZXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and negotiated competitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for th.7- purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal for such itemss RFSP ITEM NUMBER NO. VENDOR AMOUNT 1774 ALL SURVEY RESEARCH CENTER OF • THE UNIVERSITY OF NORTH TEXAS $ 70000.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals fir suct. Items and agrees to purchase the materials, equipment, supplies or services , In accordance with the terms, specifications, standards, quantities • and for the specified sums contained in the Invitations, Request • for Proposals, supplier proposals and related documents. • 0 • t ~pAnQaNo - _ Date SECTION III. That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awardinq of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the final negotiated response to the City's Request for Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered ite:ws of the submitted proposals, the City Council hereby authorises the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein. SECTION Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY# MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PY: k `~LL~ ~ rry. p • is s egenda~o Date MY or DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 15, 1995 SUBJECT: Citizen Survey BACKGROUND: During the adoption of the FY 194-95 budget, Council authorized approximately $7,000 to be allocated to conduct a citizen survey. The survey was approved in consideration of the recommendations forthcoming from the vision project; Council's re,riew and discussion of the CIP; and, the possib:iity of developing a bond package for presentation to the voters. Council believed that conducting a survey would provide valuable information concerning j how the citizens of Denton feel about these issues. Pursuant to Council direction, Staff prepared RFP 11774 to solicit proposals to conduct a comprehensive survey of Denton area citizens (See Attachment 1). On August 25, the Purchasing Department revealed that one proposal from the University of North Texas had been submitted following a competitive process (Attachment 2). Dr. James 31ass, Dire,-tor of the Survey Research Center, will lead this effort. His exp_rience includes conducting citizen sur-eys in Texas for over 20 yens. Staff believes that the Survey Research Center and. ur. Fiass are well acquainted with the complexity of this process and that the need to prepare and conduct the survey is critical to the success of the bond vote now scheduled for • February, 1996. Dr. Glass estimates that it will take approximately twelve (12) weeks to complete this project. During the regular meeting on July 11, Council raised questions concerning the ability of Staff to perform this task. While Staff could attempt this assignment, there is no one with this job assignment or with this training. Furthermore, there is a concern • about the workload the Staff will incur in preparation for the bond • election. Additionally, the survey needs to be viewed as a th^roughly objective interpretation of the voter's feelings. Staff would avail itself to criticism should the responses be construed as anything other than a valid reflection of public opinion (See Attachment 3). Given that the election is critical to our fature "Dedicated to lualiq, Senviee" • • r • 4peMaNo 4gWaltem.,___.______ _ ^ Y!rure needs, Staff believes that objectivity does red%fra x of $7,000 to ensure a valid survey. ~ As an example of the significance of citizens surveys, an article is attached from the Fort Worth Star Telegram, dated August 30, regarding the proposed $31 million bond package being considered by the City of Bedford (Attachment 4). This survey, while not as comprehensive as that proposed by Staff for the City of Denton, nonetheless demonstrates the significance of ensuring a third party administration of the project. Although the results indicate that opposition to the election rises with the cost of the package, it further accentuates the need for education of the citizens to ensure that they will understand and will support the merits of the package. Please note that the survey indicated strong support for drainage projects and a now fire station among the proposed expenditures. As you know, these are similar issues of concern to our citizens. Staff believes that conducting a comprehensive survey of our citizens will provide equally important information and assist the Blue Ribbon Committee and the City Council in their deliberations. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED; Citizens of Denton. FISCAL IMPACT: Tha cost of the survey is approximately $7,000. These funds were allocated in the FY 194-95 budget. Please advise if I can provide additional information. RESPE FULLY SUBMITTED: l L oyd V. Harre 111 City Manager • Prepared by: Jose Portugal Assistant to the CI Manager • Attachments: 1. City Council Report • • 2. UNT Proposal - Citizen Survey 3. Article, Texas Town i City 4. Article, Fort Worth Star Telegra • • ATTACHMENT 1 Ap*No . Date~ CITY of DENTON, TEXAS MUNICIPAL BUILDING P DENTON, TEX.4S 76:01 • ~J~he aigAlsar+. Date.. CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 7, 1995 SUBJECT: Citizen Survey Staff has developed the following information regarding the administration of a citizen survey. Typically, surveys are used in a number of ways to support local government. Some of these include: gathering data upon which to base a bond election; determining the barometer of citizen support for various council actions; measuring the degree of customer satisfaction concerning the delivery of city services; and, developing and prioritizing long range planning issues. The City conducted surveys in 1984, 1985, and in 1986 prior to the last bond election. The most recent survey was completed in October, 1991 and is attached for your review (Attachment 1). Given the timing of the recommendations that are likely to come forth from the vision projent and in consideration of the Council's review and discussion of the CIP, the Council appropriated as part of the 1994-95 Budget _funds to survey our citizens prior to the development of a bond package. The survey would provide valuable information and assist the Council in directing Staff to prepare items for consideration by the voters. With this in mind, Staff has prepared a draft Request For Proposal • which would solicit vendors to conduct a comprehensive survey of the City (Attachment 2). The document is specific in nature and provides appropriate safeguards concerning qualifications, activities to be performed, and terms and conditions. Council will I! have the opportunity to become actively involved in suggesting possible items for inclusion in the survey. • Pursuant to council direction, Staff will proceed with the RFP and negotiate an agreement consistent with the scope of services as • • outlined. Please advise if I can provide additional information. "Drdu•arrd to Qualim Senice" . • 0 • r ' gp•IegNo_ r _ AWL RESPECT L~fliMITWN-ml f Lloy . Barre City manager Preparad by: A,,,i.t..Pt ortuga to the Cit Manager Attachments: 1. City of Denton Survey, 1991 2. Draft RFP #1774 - Comprehensive Survey I I • • ~y: 't', • Q • ApendaNo._______ 4geoda)tem_,,_ RFP 1774 ate - RZOURST FOR PROPOSAL. FOR PYRSONAL 8ERV1CES City of Denton, Texas Comprehensive Survey of Denton, Texas Overview The City of Denton is seeking the services of a qualified research professional for the- purposes of conducting a city-wide Comprehensive Survey of Denton, Texas. Proposals will be accepted until at the office of the Purchasing Agent, 901-H Texas St., Denton, TX, 76201, for all work required for this survey, in accordance with the attached specifications. The City of Denton reserves the right to accept or reject any or all proposals and to accept only those proposals which are in the best interest of the City. A total of $7,000 has been budgeted for the completion of this project. Qualifications Desired The City of Denton would like to contract with a professional with a strong background in conducting citizen surveys in Texas. A minimum of five years work in the field of research will constitute "experienced". Previous experience in surveys of mid-sized cities in Texas (or surrounding states) will be a major consideration in the evaluation process. Proposer must submit references (name and phone number of contact person) from at least three mid-sized cities in Texas or surrounding states. The selection of the professional or individual must receive the approval of the City Council. Activities to be Performed Denton is the county seat of Denton county, the fastest growing County in Texas. Much of that growth is in the southern portion of the County and the northern part of the county still retains a rural flavor. The City of Denton is in the center of the county at the apex of the Interstate 35 split. This project is to conduct a scientific sampling of Denton residents to obtain citizen's opinions and perceptions on local • government services, policies, and issues. Survey results will be used by municipal officials :n setting p-iorities for budgeting deci3ioris, policy making and planning. The survey proposal should outline the major elements of the survey with proposed dates of N ' G ll~l • d • i ge»QaNa. RFP 1774 Page 2 Jute - completion. The successful proposer shall present each phase of work in draft form to the City of Denton City Manager for review 6 weeks before its final presentation to the Denton city Council. The project must be completed . The proposer must, in the proposal, indicate total costs, item zing each of the major cost components for the project. The proposal to the City of Denton must include the following: 1. Research Design 2. Sample Design and Selection 3. Data Collection to include Use of Telephone Surveys 4. Data Entry and Analysis 5. Report Preparation and Presentation 6. Consultation on Special Survey Problems other Reuuirements The proposer agrees to: 1. Maintain financial records pertaining to x.,11 matters relative to phis project in accordance w.it•i standard accounting principals and procedures. 2. Retain all records and supporting documentation applicable to this project for a period of three years except as follows: A. Records which are subject to audit finds shall be retained for three years. These records and supporting documentatioi Phall be made readily available, upon request, _fur inspection or audit by representatives of 1 the city. B. In the evet,t that the proposer goes out of business or • existence, it Khali turn over to the City all of its records relating to this project for retention by the city. 3. Make all records associated with this project available to the City for examination. • 4. Furnish the City at such time and in such form as the City may , • require, financial statements including audited financial statements, records, reports data and information, as the City may request pertaining to matters covered by this project. • • r , Agenda ka. - RFP 1774 Page 3 5. Prohibit the funas directly or indirectly ender the terms of this from being used for any partisan political activity or to further the election of defeat of any candidate for public office. 6. To not assign any interest and shall not transfer any interest in the same without prior written consent of the City of Denton. 7. Indemnify the City against any and all claims, demands, judgments, liability or sums of money to any party accruing against the city for loss of life or injury or damage to , persons or property growing out of or resulting any negligent act or omission of the proposer, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City. In the event of joint and concurrent negligence of both the Proposer and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for rho benefit of the City and the successful proposer and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8. In performing services, the relationship between Proposer and City is that of independent contractor, and Proposer shall exercise independent judgement in performing its duties under the contract. Proposer shall be solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of the agreement between Proposer and City shall be construed as making Proposer the agent, servant or employee of City, or making Proposer eligible for benefits, such as worker's compensation. 9. In all cases, the laws of the State of Texas shall apply to the proposal process, the resultant contract and the contract • performance. Proposer's performance of the work shall comply with applicable Federal, State and local laws, rules and regulations. Format for Proposal Each proposal must contain all the items listed below. Incomplete proposals will be rejected in technical review by the City of ' Denton. • 1. Letter of interest. 2. Statement of methodology to be us,-td in completing tho required • _ a .1 tendaNo _ RFP 1774 Agendaltsq, . Page 4 Ca!e work. 3. Outline of all major elements of the survey with proposed dates of completion for each. 4. List of references. 5. Resume(s) of all key personnel. 6. Itemized cost estimate (To include number of survey items, telephone surveys, mailing9). 7. Ten (10) copies of proposal in addition to original. Terms of Contract The contract shall not exceed a period of 12 months. The project, however, must be completed no later than Termination of Contract if, through anj, cause, the party shall fail to fulfill obligations under this cont.ract in a timely and proper manner or if the party shall violate any of the covenants, agreements, or stipulations of this contract., the City shall immediately have the right to tor-:inate this contract by giving written notice to the party of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. The City may also terminate this contract, upon 0 days written notice to the Proposer; provided that the Proposer' shall be paid for services properly performed through the date of notice of termination. Submitting the Proposal Proposals must be submitted in a sealed envelope clearly marked "PROPOSAL FOR CITIZEN SURVEY" and addressed to the City of Denton • Purchasing Department, Attention: Tom Shaw, Purchasing Agent, 901-B Texas Street, Denton, TX 76201. Proposals must be delivered no later than Questions concerning this Request for Proposal WP) should be addressed to Joseph Portugal, I Assistant to the City Manager, at (917) 566-9307. Evaluation Criteria ' • • • The proposals received will be evaluated by tte City of Denton City Managers office and/or a designated sub-committee and ranked according to the following criteria, listed it order of importance. Awarding of the contract w`-11 be made by the City of Denton City • o • If • ~genda~fem_ RFP 1774 ?d If Page 5 Council and will be evidenced by a signed resolution. critIerial 1. Previous experience in citizen surveys, especially in mid- sized cities. 2. Professional training and qualifications of all key personnel. 3. Quality and completeness of prior work performed and reputation for personal and professional integrity and competence. 4. References of previous clients. 5. Cost estimates. 6. Capability to meet deadlines and current workload. 7. Description of methodology to be used in completing the required program. S. Familiarity with and proximity to the geographic location of the project. AAAMSV7 IiI I • J is - iS! 'I 7 • v • agenda No..--...._.. 21. Raw long have you lived in the City of Denton? (CrAO j Lose than 3 months . .~Ce~- 1 3 months to less than 1 year . . . . . . . . . 2 1-S years . . . . . . . . . . . . . . . 3 6-10 years . . . . . . . . more than 10 years S 92. if you have lived in the City of Denton for 3 months or Less, what was the primary reason you moved hue? (CZACLR ONE) .lob-related . . . . . . . . . . . • • • I Student ONT/TMU . . . . . . . . . . • 2 Retirement . . . . . . . . • • . • 3 Other (SPACZPTe ) . . . . . 93. In terms of cleanliness, quality of housing and general appearance, how Would you rate the overall condition of Denton? (CZAMN ME) t:cellsnt . . . . . . . . . . . . . . . . . a Good . . . . . . . . . . . . . . . . . . 3 Fair . . . . . . . . . . . . . . . . . . 2 Poor . . . . . . . . . . . . . . . . . . . . . 1 96. Now about the overall condition of your neighborhood? (CIACM ws) 9scellent . . . . . . . . . . . . . . . . . . 4 Good . . . . . . . . . . . . . . . . . . 3 Fair . . . . . . . . . . . . . . . . . . 2 Poor . . . . . . . . . . . . . . . . . . . . . 1 99. Nave you ever lived in a city other than Denton? (CZM= ONE) 1211 . . . . . . . . . 1 NO . . . . (SW to09). . . . . . . . . . . . 2 96. What was the approximate populstion of this city? (POPOUrZON) 97. How would you compare Denton to the other city, on an overall basis? (CZROl On) Much Worse . . . . . . . . . . . . . . . . . . 1 Norms . . . . . . . . . . . . . . . . . . . 2 About the Same . . . . . . . . . . . 3 Setter . . . . . . . . . . . . . . . . . . i Much better . . . . . . . . . . . . . . . . . . S 94. Compared to the other city, please rate the cost of 1Lving in Denton in each o! the lollowin eat ories. CZACLR ONl MR RACK Category Ne Deatem is Deatoa to Destea is Less • OplaLoa ilare About Same tspeasive ~ aslve Cost of Houses 9 1 2 3 Apartment Rentals 9 1 2 3 RtLlit Costs 9 1 2 1 • Groculee 9 1 2 3 • Cable TV 9 1 2 3 Latin Out 9 1 2 3 . t • agenda No. to the aaat scenes of the fuastieauira, We Would like tdZii tQm u$e of a" e91si08e about a number of facilities In the Qib el 291 Let us begin with streets and traffic. I?ow would YOU rate the following in the city of Denton? eXAME on Pan sAC7 Traffic Aspect no ancellest 0eed Lies Fair poor s 9 { 1 2 1 n of the Reads 9 { 1 2 1 le sl air { S 1 affic Signals 9 { = 1 910. In 1991, has any member of your household used, at l east once, the following facilities and services in Denton? (Cr=& Of FOR &ACV) ]Facility or Service is Denton Tee So Parke and Recreation 1 = Police De nt 1 2 Public Libra. 1 ~ Fire Service M nt 1 2 Ambulance Services 1 2 Health Care Facilities 1 2 Public Transportation (Trolloyl 1 t Stray Animal Control Pr ram 1 2 Q11. Now~ld y P" ONE t he auality of these services in the City of Canton? service no xroslleat Good Pair Poor Opinion Parks and Recreation 9 { 1 2 1 Public Libra 9 { 3 2 1 Trash Pickup 9 { 1 2 1 Fire De rtaent 9 { 1 2 1 • slactrieit 9 { 1 2 1 Water and Sewer 9 { 1 2 1 i Ambulance Services 9 { 1 2 1 Health Care facilities 9 { 1 2 Planning and Development 9 { 1 2 1 • Public Transportation ?rolls 9 { 1 • O 2 1 Stray Animal Control 9 4 1 2 1 • C? • Agenda No _ Ageadallaml~ tale Rest, we stave eoee Oaestioas e• educatiosal, shoppLa* and dlaleg facilities. 012. law you would rate the following aspects of educational facilities in Da nton? (C1'RCLE ONE MR Eno) EZdece, -L os Aspoet no Laloo =sc*11"t Go" Fair Poor mmmmmmmlm~ riety of tducatlonal 9 t ] 2 1' tas ta Soh^ols 9 i 3 2 R! h School@ 9 d S 2 1B! h Schools 9 t 2 2 1 onal Ccmmunit Coll -ge • 9 a 3 2 1 es/Universitias 9 i 1 2 1 212. ROW would ycu rate the Ayj Dentjix of the following shopping, dining and entertainment facilities in on? (CM=& ORE an ERt#) k Facility so o Laise Ezeellest coed Fair Poor Restaurants 9 d S 2 1 Feat-Food Restaurants 9 d 7 2 1 Food Su rsarkets 9 4 1 2 1 Retail Shopping Facilities 9 d S 2 1 Varlet of Cable TV Channels 9 • 7 2 1 Movie Theaters 9 9 2 2 1 Dowling Lanes 9 d 1 2 1 Qld. What do you think of the GuauLY of these shopping, dieing and entertainment faCilLtlss in Denton? (CIRCLE oRE FGR ■AcX) FacllLt Ro a !sloe iseellsat coed Fair Poor Restaurants 9 4 3 2 1 Fast-Food Restaurants 9 { 1 2 1 • Food Su rmarkets 9 4 ) 2 1 Retail Shopping Facilities 9 { 1 2 1 Cable TV Service 9 1 1 1 1 Movie Theaters 9 { 1 1 1 • Sowlin Lanes 9 1 2 1 • • Melissa • • 919. Does your household eubscrlbe to Cable TV in Denton?q NO . . . . (sillr to Q17J . _ a Qld. This year (1991), have you experienced lAr nroblmm with the following aspects of your cable TV service? (CZW a Ogg MA SAO) Ae et of Cable TP Too se installation 1 2 Response to cos lalnts 1 2 Quality of repair wo-i 1 2 Picture reception 2 2 I Billing 017. Would you watch City council meetings it they wars broadcast on cable television fChannel 29 f: Denton)? (CIACrJ OWN) YSS . . . . . . . . . . . . . . . . . . . 1 NO . . . . . . . . . . . . . . . . . . . . 2 Neat, we have some questioea about some specific services provided by the City. QIS. In your opinion, should the following city services should be maintained ■t currant levels, improved a little or a lot? (CIA= O<S MR RAC!) City Service No opiates MaLstala at Improve s Improve a present little lot level NNENNENNNON~ Carba a Collection 9 1 2 3 street xalntenance 9 1 2 3 Traffic Signals ! 1 2 3 Public Library 9 1 2 3 Parka and Recroatior. 9 I 2 3 Police Protection 9 1 2 3 fire Protection 9 1 2 3 Slactricit services 9 1 2 3 Mater and Sewer Services 9 1 2 3 ltee clip Services 9 1 2 3 Utility Silll 9 1 2 3 • Q19. Municipal debt is often used to pay for capital improvement projects such as street and drainage improvements. ionst Lees a tax increase is needed to pay back the debt. Would you favor or oppose the use of municipal debt for each of the following? (CIflCLS OSS MR SAO, • Project Paver eo SO a Laios • Street and Road Improvements 1 2 9 Drainage and Storm Sewer improvements 1 2 g Park and Rscreational Facilities 1 2 9 • a • ors 4L'-:r cc Zia t'*A .eri as aac.;' wr tt. bow CN% ;area 1 *t 1.1,at N ♦ \ k , t.1 ~ •ae..s mar awla~ ae+te aa~~i ~ ~ 1►~~.1_...L"sir. 1 i w-tav4_ Public :il,ta _ / E 1 Parks and Mecreat.ca 1 1 Police PrOtocti" Fire Protection _ 1 f b 111ectrlclt Services 1 I Water and sewer firvlese „ 1 q 1 Land Use Planning Prs en of utility 61lil y j 071. Would you be willlnq to aeeep! a ►sApf.tlffN !N IN@ N,"## u~ y~!►, pickups trw twice a week to enne a we 1f 1N• ~~++na// 11 1 I,y reduction is pickups were vsrl tM Pay !N► &r►ti aide ►i•/al~ay f1 !Mail (CLWU WE) ru rtri Q31. 1`cc!! three ';f tra Ro4a'r•rrq p►-.ryra+ra/a•alOr$lip 4q !v! st,fr,i r;y. ":tl :1 :r_tx S-v^14 00'4ert440e04 I p/l4li40 acre zeaat:fa.1 (CIACM MY Pati f er.Y 7M a ~S/My . ra lea -I-EA aria r.r~!20. .-q Arai !a f :Ave >rre acraiee It~(I^C4! :S I ::t/ r e L 0"40 POW '09,0940 aea x' u.~ rl~es.i •Ole %~!p.ilrl '.cry-s ~wr a .c ~..FS r/:s ..t .ail Slrlirijslltt/ , adr .vs rr/r fg.rJ% f ~ . 'a:Zeet N.u r'!L.¢awr~al /~.Y^ .s wl N /w An' I r' i1 ~ P~~o d / ~R ♦ra a a!rr_ ^.s str .wrr ./r.,✓ h. ~ i ~d,.,.,r. '.4~M++y is • n • 0 • O • s Q20. wed the [allowing services should t City othar No were edum., i th~~ re the he only way to keep tax to rates and taxes at t (CZACLE MR /DaQ JOIN SAO) X312 City Service no am, MO, don't I o lnLon reduce reduce Garbage Collection 9 1 7 Street Maintenance 9 1 7 Public Libra 1 7 Parks and Recreation 9 1 2 Police Protection 9 1 2 Fire Protection 9 1 7 mlectricit Services 9 1 2 Mater ■nd Sewer Services 9 1 2 Land Us• Planning 9 1 2 Frequency of utility milli 9 1 7 971. would you be willing to accept a reduction in the number of garbage pickups from twice a week to once a week, if the money saved itw the reduction in pickups were used to pay for curb side recycling programs? (CZACCS Ors) rag . . . . . . . . 1 no . . . . . . . . . 7 . . . . . . . . . . . . . 977. Which three of the following programs/activities do you think that the City of Denton should undertake, on a oriortty basis, to make the city more beautiful? (CZACZR ANY rfRZff) Program Improve exists sidewalks Add new sidewalks 1 Regulate si ns and si a in en•vel 1 Dsvelo wore attractive entrances to the city 1 Put u new •xeleon to Dent0aw $l no 1 Landeca street msdlans and island. 1 Place utilities (electric lines under round • 1 Re ire landeca 1 and reen s ce !n new develo At• 1 Plant tress and shrubs 1 973. The current sign ordinance prohibits new portable signs, such an those on wheels. However, the City of Denton can't remove any of the signs that ware up before the ordinance was adopted. Mould you favor the use of city • funds to buy the existing portable signs and remove then? (CZACU OMB) • • YES . . . . . . . . . . . . . . . . . . . . . . . . 1 No • Q • 0 • AAoosta Mo,.~~ ~ondaltarr~ New r• would like to oak ysm am* "aat1000 eeaeera/a* irbll0 n • 034. ?hers Indicate how Yw foal about tTe fotlwlnQ statements which relate to aspects of eal0tr !n Denton. Du the tollwing scale, 1 • strongly Disagree 3 • Neutral ' • Dlu wee 1 • b~n• •ffo l Jtr ' tatat As "et craa& O►d rMXR FOR JAC7 otArAx"r ■ ■ a sa bent to a safe Place to live to 1 foal sate vU kl aIOAS at al he Is bootee 3 , I ~ 7 • s ( foal Denton 18 a food lace to ralsa children 1 7 3 s Destea has sl lese with drugs J 7 3 4 s For a "all town, 1WQtea has too 41003 Outdoes 1 7 3 e f There are toe Yn war t W(ts in Denton 1 7 3 d f There are tee age seeaulte rebberlee to sonted 3 ~ 3 ~ f Dento• hit lose crig" red to other Texas cities i 7 3 d f pit. Now would you rate the service prod Department? (Crow ME) did by the Cler Of Daatos Police tscellset .......................s Coed ............................3 Felr........................7 226. Are ra aware tt ~rYnte off'ca?Dapa rtarnt apeuo rs • Craamonitr Orl0ntsd Policies F 1 (ClNC7l CW&) ns J 1 No . . . (dlfi to 0;0j 2", Do"," 1'", here per Mrtielpated in C.O.P.S. peograsa? (C31C'L& CNN) Its ! 270. Nov aIto de pow feel mew that this progrua If eeppeeCeti~slgg 1s Denton, Cooper ad to wham there were SO pregrasa like tale? (Cr bLa Oi$) More safe ..................................t Lose sate ..................................1 i Meat, we bite 0090 "44%1000 mlomt W city at Deetem eOCerauaaet. i 279. IS 1990, have YM Of an somber of your household contacted the City about a complaint, a request for serwiea, or information (CJNCW Owl) T's . . . j)j . . . . . . . . . 3 110 . . (Aur M o 1 210. Whe Is the City (what WOOD Or office) did Vow contagtp•(C(NCLI•egg) • Cltj Mamager's Office .I me orer.... r t ►Slgo ..........................t ?lent tI/Cosaunlty Development..I M i ContrelCwneli Cl ..............ds sanla ee Dtility sorrleae............ I e streets Other.(1F&C7ltr • ••.f QJI, were j"'f ya generally ut10tled with the rault•? (ClAC'Ij Os1) ITS 1 NO you ..............7 , S 273. WCs the pwpl• You eeatacted helpful when yw idled? (ClN[Zd OMSJ Its 4JJ. COnarall 4• 3 T, you think that la get •nouppA information about Issues and problaee facing the city and its eitltanaf (CtActi Of ) Its 2J%. overall, Aw weStd you•rate.Cit•• " .•3 wO ..........................3 ? Ce. s;.wmant In Denton? (claw awl) racel(4nt . A • a • Mow, we would like to ask you a few guestione eoeesrx"O!mtllLty department of the City of Denton. 035. Rave you had any questions about a city billing Aro141", R.e_ YC 1a . . . . . . . . NO . . . . (SW (0039) - 3 . . . . 2 030. What question did you have? (ClJe[Td ON'A) Incorrect amount billed ....................1 Meter reading *:car ....2 Payment not credited .......................3 wrong delinquent notice............ Other. (Aramprs • •....5 Q37. Who did you contact about the questions? (cza= OIA) Customer services ..........................1 ctLlLty department .........................2 City manager's office ......................I Othsr.(a!/C"rm_ 1......{ 930. Was the question satisfactorily resolved? (CZm= on) yid . . . . . . . . . . i NO . . . . . . . . . . . . . . . . . . . . J Now we would like you to answer a few questiona concerning the emviromment. 030. Would you support energy and water conservation programs? (CZMME CWS) r2s . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . 2 g40. Are you in favor of curb-old* recycling programs? (CZA= OIa) rte . . . . ' 1 DO . . . . (ajar FO Do) . J Qil. Would you pay $1.00 to $1.50 more per month on your refuse/trash bill for curb-side recycling? (CZACZ,A MR) rod . . . . . . . . . . 3 NO . . . . . . . . . . . . . . . . . . 3 QiJ. Please indicate how you feel about the following statements which relate to various environmental issues. Use the following scalsi 1 • strongly Disagree 3 • Xoutral 0 a Agree 2 Disagree S U strongly tgrse CZJD= LVE NVEM MR RACE lrATai?aAy O environmental Aspect SD D M A to The water in Denton is clean 1 3 3 0 S The air in Denton is clean 1 J 7 0 S i ree ele (paper, Plastics, cans regularly 1 2 3 0 S O Denton is doing a qood job sncouragin; i:s 1 2 3 0 S • O citizens to rec cle "Save the snvironment• issues are lm ctant to r 1 2 3 45 • Q } 0 Vert, some questions regarding =our viws OR tbs (stare S 94=. What do you fool about Denton'@ current overall growth ~qq7 1~~,t oi+~ Too Stow . . . . . . . . . . . • . . • 1 Just flight . . . . . . . . . . . . 2 Too Past . . . . . . . . . . . . . . . . . 3 944. Is the city doing enough to attract economic development! (CZACLi OAAJ r2A . . . . . . . . . . . . . 1 RO . . . . . . . . . . . . . . . . . . . . 2 945. Should the City hs•lp revitaliae the Downtown squarel (CZACW MR) TsS . . . . . . . . . . . . 1 110 . . . . . . . . . . . . . . 946. When dealing with developers, the city revisers the Impact that new d4velopmsnt4 will have on Denton's quality of life. In your opinion, who should do the following for a now dovelopmentf (CIACLE GrA PUR AAL7) Aa cto of new Devele ate City of Dsmtem Developer Ale Lalea Pa for now streets and roads 1 2 Dedicate park land 1 2 Install tires iWare 1 2 9 Pa for traffic signals I „ 9 Plant trees and shrub 1 2 Limit business signs 1 2 9 Pa for now utilities 1 2 9 947. In the City of Denton, do you favor or oppose the development of the following types of businesses in the future} (C-r&= OWN "A AACW) tores I 2 9 supermarkets 1 2 9 rAjpartm"onts 449.1 at ra"r Oppose 310 opLaice restaurants 1 2 9 taurants 1 2 9 d Motels 1 2 9 Single-family housi 1 2 9 s and Rental housin 1 2 9 ment 4stablLehments 1 2 9 Industry and Manufacturing 1 2 9 Health care facilities 1 2 9 Office buildings 1 2 9 r 'I +~ende No,~T_ 49endalta►t..-.--..-..,,._.._ QsA• How would you rata the overall quality of life La D") excellent 4 flood........... Fair .......................................2 Poor .......................................1 941. Compared to when You first moved to Denton, how would you rate the quality of life in Denton, on an overall basis? (CZAcW on) Improved ......3 Stayed the eaeN.......d .......2 Declined ...........~......r ................1 Piaalll, we have 6080 sackgrvaad questLome. These are AMZ ter elessUlLmg People Late grsuPs that will them he oompared as Heir &"won. 230. What 1s the highest level of education you have ooepleted? (C=ARE Mg) Ath Grade or Lower . . . . • • • , I Some High Scbool . . . . . . . • • . . 2 High Achool Gradua'ti" . . . 3 Some College . . . . . . . . . . a College Graduate me Nora . . . . . . . . . i 291. If you currently ere a student, where de you go to school? (CZACU OW) Denton Independent Sehoel District I Tug ........................................2 LW Other (MACMe 092. 71re you currently carried? (CZN= 092) YHA . . . . . . . . . . . , I no . . . . . . . . . . . . . . . . . . . . 2 1 QA3. Are any children presently living with you at this reeidence? (CZAf2:H DNS) YTS . . . . . . . . . . . . . . . . . 1 WO . . . . . . . . . . . . . . . . . . . . 251. Are you currently employed 20 hours or more per week (or pay? (C=ARE MV) Yd I WO . . . . (Sus 10 OAi) . . . . . . . . . 2 955. Where do you work? (CZACbi OWN) Denton .....................................1 Carrollton/AddLson .........................2 Dallas .....................................3 Port Worth .................................1 LewLsvL116 .................................5 Richard6on/Plano ...........................6 Other (SPSCZRr ~)......7 954. Do you own or rent your current residence? (CISRE WS) own . .1 Pont ................................2 i l ~ ~7 ~ y ~ 1 ~,.y11 ~ vyr' 457. What was your household's total 1neo" before taxes? (CZJCW C") 10 to 16999 ................................1 $5000 to $9999 .............................2 $10000 to $16999 ...........................1 $15000 to 124999 ...........................6 $25000 to $71999 ...........................5 125000 to $49999 ...........................6 $50000 to $69999 ...........................7 $70000 or over .............................a 959. What is your ethnic background or race? (Crac" a1) White ......................................1 Black ......................................2 Hispanic ...................................2 Oriental ...................................6 Other (MFWjlrt )......5 099. in what year were you born? (ram) Q60. What is your gender? (CZICZ& C/B) Female .....................................1 Male .......................................2 961. Is anyone in your current household physically handicapped? (Claw OR) TIS . . . . . . . . 1 • . . . . . . . . . . MO . . . . Q62. Use the spats below for any other cosmnts on what you think can be dons to make Denton a better place to live and/or works • • • • TfAMR TOV Y9:B! MVCi rOB 1007 AZJ. FLBABB >a0 BOBi 'PB>1T !00 X97 AHBWWW ALL T=B QW8210NSI T>mfr RNTWU 570 9i?BB9IMMIBB 2/ Tat? DICSOaBD RtNll>t IMMU0 N. •4 'cL .Lr • • i ATTACHMENT 2 ~nua i~o Apand tern.-.•--.-.-..--. University of North Texas We Suncy Rexurch ('enter August 14, 1995 COP Purchasing Agent City of Denton 901-8 Texas Street Denton, Texas 76201 ' Dear Purchasing Agent: Pursuant to the City of Denton's Request for Proposal No. 1774, Proposal for Citizen Survey, the Survey Research Center (SRC) of the University of North Texas respectfully submits the enclosed proposal for consideration. As director of the SRC and as a private consultant,) have been conducting citizen surveys in Texas for over 20 years. In addition to my experience, the staff of the SRC fully understands the nature of the work to be performed and is aware of the complexity of the issues involved in conducting comprehensive citizen surveys. The methodology recommended for the Denton project is based on the methods used in previous studies conducted by the SRC for Texas cities. The major components of the study include: 1) developing a research design, 2) sample design and selection, 3) data collection by means of telephone interviews, 4) data entry and analysis, S) report preparation and presentation, and 6) consultation on special survey problems. The SRC is fully committed to completing the Denton survey according to the workplan outlined in the proposal. The estimated time needed for completion of the project is 12 weeks. • Sincerely, J J. uector • PO 11. 'N 11151 a Ih-nPei. R'lur 762t0 N17/515 1221 6 1 ,U 1417/S15. 1295 '1 DD MV7,13 29144 ) A tL . r t R )PI • O • 0 ANo. _ Agoodaltem. C Data I PROPOSAL CITY OF DENTON CITIZEN SURVEY RFP #1774 I I I I SURVEY • RESEARCH CENTER t University of North Texas • o • geada Mo. ,oendaltem 031 PROPOSAL CITY OF DENTON CITIZEN SURVEY RFP #1774 - _1 Submitted by: • Survey Research Center University of North Tessa Denton, TX 76203 817.565-3221(voice) 817-565-3293 (fax) August 18, 1995 r ti • • r Y qendaNo - - Yoanda Itetrt,~,_:..._. 1. INTRODUCTION A. SUMMARY OF THE PROPOSED APPROACH The Survey Research Center (SRC) of the University of North Texas (UNI) proposes the design, administration, execution, and analysis of a random sample survey of Denton citizen attitudes and opinions. SRC will assist city staff in the design of a survey instrument, based on input from the staff and council. The sample, which will be generated by the use of Random Digit Dialing (RDD) methodology, is designed to be generalizable to the residents of the City of Denton. The survey will be administered by trained SRC interviewers using a state-of-the-art telephone interviewing facility in Denton to the random sample of Denton citizens. A final report will be prepared and presented to the staff and council. B. PURPOSE The purpose of this research is to obtain information, opinions, ideas, and concerns from a broad spectrum of Denton citizens corceming city policies, programs, and services. This information can be used by city policy makers as they consider budgeting, policy nuking, and planning decisions. C. OBJECTIVES To satisfy the purposes of this project, the following major objectives will be accomplished 1. Design a survey instrument based on input and guidance front city staff. 1 2. Administer the telephone survey to a random sample of Denton citizens. 3. Analyze the data acquired from the citizen survey. • 4. Submit a final report 1 w+r e~? •~1 0 • r gems No . II. TELEPHONE SURVEY A. SAMPLIN" PROCEDURES Sampling is the most complex and technical aspect of survey research designs, so a great deal of thought must be devoted to sampling if a project is to yield quality information. The Denton survey must determine the attitudes of community residents on a variety of topics. The concern in sampling is that the number of people interviewed and the characteristics of people interviewed be sufficiently representative of all Denton residents to allow meaningful and confi- dent generalizations. In a quality sampling design, a balance bilween obtaining the ideal sample and project costs must be struck. The critical elements of this sample design are: (l) strategic issues regarding proper sampling for the Denton survey; and (2) the appropriate sample size. 1. Strategic Issues In Drawings Sample of Denton Residents At a minimum, drawing a quality sample of Denton residents should include an appreciation of the following points: L Each telephone contact will begin with a 20-40 second introduction stating the purpose and method of the interview. The interview will be terminated if a contact is non-residential. Although the sample will be screened for non-residential numbers, interviewers will be trained to discern residential from non-residential telephone contacts. Should an interviewer not be able to make this determination based on the respondent's greeting, the intro lue ory statement will clearly identify the survey as desiring residential respondents only. b. To fairly reflect the attitudes of residents, the survey instrument must identify length of residency in Denton. A second filter will ask the respondent how long they have lived in Denton. Respondents with less than three months of residency will not be interviewed. For respondents with more than three months residency, this question also will serve as an important • independent variable in the data analysis. I 2. Sampling Procedure and Size A random mple will be drawn using RDD methodology. The random digit method is being used because it offers four advantages over the use of existing telephone lists that might come from telephone or cross-reference directories. First, RDD comes closest to ensuring that the conceptual and sampling frame match; that is, all residents age 19 years or older who have telephones will be comprise the sampling frame. Second, unlisted telephone numbers will be include' in the sample. Third, the sampling frame will be as current as possible, thus, 2 e y s a • genda No maximizing the probability that residents who have lived in Denton three months or more, but who are not yet lister in a directory, will be included. And fourth, the probability of including respondents from those areas of the city where length of residence at a particular address tnay be less than average will be equal to the probability of including respondents from other areas of the city since inclusion will not be dependent upon d led telephone listings. Standard statistical methodology requin a total of 400 responses for a 5 percent margin of sampling error at the 95 percent confidence level. The suggested sample size and margins of error are standard for the type of multipurpose citizen survey described in this proposal and will be representative of Denton's adult population. In addition, a sample of 400 respondents fits the cost parameters identified by the city in Request for Proposal (RFP) # 1774. B. SURVEY INSTRUMENT: DESIGN AND CONTENT 1. Development of survey instrument The survey instrument is a critical component of any citizen survey. The ;nstrument must be designed in such a way that the data collected meet the city's information objectives. The development of the survey questiornaire will be thc: responsibility of SRC staff, based on input from the Denton city manager and staff. SRC staff will use this input to develop a quality survey instrument. adhering to the standard techniques of instnunent design and question construction, The follor.ing subtasks have been identified for the construction of the survey questionnaire: a. City and SRC staff will meet to discuss the general elements of the Denton survey instrument, b. Based on the ideas presented at the initial meeting, SRC staff will develop a draft survey instrument. The draft instrument will be delivered to the city staff for review. c. SR: staff will meet a second time with city staff to explain and discuss the draft questionnaire. Suggestions for refinements and suggestions to the survey questionnaire may be made at this time. d. Based on the ideas presented at the second meeting, SRC staff will refine the • questionnaire and present the final draft to city staff. A final meeting will be held to reach consensus nn the survey questionnaire. The final questionnaire will be limited to an approximate interview time of B minutes. As does the sample size, the interview time fits the cost parameters identified in the city's RFP. e. SRC staff will pre-teat the final survey questionnaire. City staff will be consulted if Y any significant alterations in the questionnaire are required as a result of pre-testing. 3 fit,. • 0 • C. ADMINISTERING THE SURVEY INSTRUMENT 1. Interviewer selection. training, and monitoring Another rntical aspect of a successful telephone survey is the quality of thp- interviewers, Selecting, ti tining, and monitoring interviewers is of paramount concern The goals are to develop qual ty interviewers who do not bias the answers of a respondent. In telephone surveying, it is possible that the respondent might receive verbal clues regarding the inten iewer's opinion, and might hear the interviewer's reaction to particular responses. Several important steps will be taken to maximize interviewer effectiveness and minimize potential interviewer- induced bias. SRC maintains a pool of approximately 30 interviewers who have been trained in telephone interviewing techniques and who have had previous experience in telephone surveys. Each interviewer hired completes an intensive general training session. The purposes of general training are to ensure that interviewers understand all of the basic skills needed to conduct interviews, and that they are knowledgeable about SRC interviewing conventions. General training sessions are divided into four areas. The first area focuses on the goals of survey research and the inter%iewefs responsibilities. The importance of professional behavior when conducting interviews and the need to maintain respondent confidentiality are stressed. Each interviewer signs a confidentiality pledge promising never to reveal, alter, or falsify survey data. Second, interviewers are given various role-playing exercises on how to interact successfully with respondents during the interview introduction. Third, interviewers are trained to administer the questionnaire properly in teems of reading questions verbatim, proper pacing of the interview, non-directive probing, and avoiding biasing comments. All interviewers will attend a specific training session for the Denton project. The project training session provides information on the background and goals of the study. Interviewers will go through the questionnaire in order to familiarize themselves with question wording and to practice correctly pacing the interview, 2. Assurance of respondent confidentiality The introductory phase of each telephone contact will include a reference to complete • confidentiality of the information collected. 1'urthc more, inteviewers will be instructed to comply fully with this principle and disregard any possible reverences that respondents may make that would jeopardize such confidentiality. The !'ml database will not include any codes that could be used to identify respondents. a 3. Administration of survey questionnaire , • • All interviewing is conducted from SRC's centralized telephone bank in Denton. An experienced telephone supervisor is on duty at all times to supervise the administration of the sample, monitor for quality control, and handle any other problems. Shifts of interviewers are 4 • • r i..'•Kw x.i r, • a • t 900d0o - - ~ganCa?tt►m v used throughout the day and evening, both weekdays and weekends. All telephone numbers in a sample are tried at least five times, using a rotating schedule of call-backs to ensure that a number has been tried on weekends, during weekday evenings, and during the day. SRC uses the Computer Assisted Survey Execution System (CASES) version 3.6 on IBM personal computers and operates 12 interviewing stations and one monitoring station from its interviewing facility. CASES is an interactive computing system that allows on-line interviewing and continual data entry for each respondent. The survey questionnaire is programmed into the system; the software automatically selects and dials a telephone number; interviewers then read each question as it appears on a computer monitor and directly enter the respondent's answer into the computerized database. The software automatically takes the interviewer through any skip or branching patterns in the instrument, prohibits incorrect response codes, eliminates separate data entry, and allows for frequent tabulation of data as the survey pt%,ceeds. 4. Coding and editing of survey questionnaires The need for editing surveys as they are completed is minimized by the use of CASES since the software eliminates response codes that are not in the appropriate field for individual questions. Despite the reduced probability for error, printouts of survey responses will be reviewed daily to enstwe that additional editing is not necessary. 5. Construction and protection of survey data base Using the latest state-of--the-art of statistical software (SASS PC+ 6.0 for windows) the aw data file will be analyzed. Basic frequency distributions will be prepared to detect the presence of any data errors that could have occurred during keypunching. A sample of cases wi 11 be checked for accuracy and any discrepancies will be corrected. Complete protection and confidentiality of the survey database will be assured during all phases of data analysis. Access to the database will be limited to the project team 6. Data Analysis and Report i • The same atistical software used in data analysis will be used to generate tables for inclusion in the fmal report to the city. Frequency distributions for each survey question and demographic characteristics will be developed. Cross-tabulations of each question by selected { demographic characteristics, such as apse, length of residence, and owner/renter status, will be included in the analysis. S b • " o • F VeWaNo. - ----III. WORKPLAN The estimated completion time for the project is 12 weeks from the contract award date. TASK 1: RESEARCH DESIGN. This task involves consultation with city staff to finalize the research design. One week. TASK 2: DESIGN OF THE SURVEY INSTRUMENT. This task will involve meetings with city staff to discuss the preliminary draft survey, drafting the preliminary survey instrument, revising the draft, and producing the final survey instrumem The time needed to complete the project may be extended if the survey instrument does not receive final approval from the city within the stated three week period. Three weeks. TASK 3: DEVELOP THE SAMPLING FRAME. This task will involve selection of ar, appropriate sampling frame and drawing of a random sample of Denton residents concurrent with the design of the survey instrument. One week. TASK 4: SELECTION AND TRAINING OF INTERVIEWERS. This task will involve the selection and training of interviewers. One week. TASK S: CONDUCT THE TELEPHONE SURVEY. This task will Involve a pre- testing procedure, resolution of any changes in the instrument, and actual administration of the survey instrument to the selected sample. Two weeks. I TASK 6: ANALYSIS OF SURVEY DATA. This task will involve designing the basic J database that ultimately will be provided to the city, the initial tabulation of raw survey data, cleaning the data, basic cross-tabulations, additional analysis, and drafting a preliminary report. Two weeks. TASK 7: COMPILE FINAL REPORT. This task will involve drafting a final report. The draft report will be revised based on input from city staff. One original and ten copies of the • final report will be provided to the city staff. Two weeks. 6 t .,..,..,.,w...yaH+nroll.•erwlnYnV4[C;~I~Mpa+.' ~ ~psnda~lo~ _ _ 4peidalt ' Oete IV. REFERENCES 1. Town of Addison, Ron Whithead, City Manager, 2144504000. 2. City of Amarillo, Vicky Covey, Community Development, 806-378-3023. 3. City of Fort Worth, Charles Boswell, Assistant City Manager, 817.871,8511. 4. City of Grand Prairie, Amy Sprinkles, Marketing Director, 214-237.8140. 5. City of McKinney, Don Paschal, City Manager, 214-5422675. i • 7 11 ;,fir 7a~\~~ W1r T~)~''i •~~'4 17. • rnS '}''±t~t.4~'~P~Y'G. a1 Ct+C~ u~ e w • a ~0 Apenda I tetrr~.__._ _ Orate V. CREDENTIALS Summary r ; for the project staff are offered here. Full resumes for the staff are provided in App- i. - 1. Dr. James J. Glass Dr. Glass will serve as project director for the 1995 Denton Citizen Survey project. Dr. Glass is the Director of the Survey Research Center at the University of North Texas. He will be responsible for overseeing all aspects of the survey. Dr. Glass has served as the director of numerous applied survey research projects where he has been responsible for all aspects of the project, but of particular relevance is his experience in administering general population citizen surveys where he has more than 20 years experience. Dr. Glass has conducted over 40 general population surveys for local governments. Texas cities he has worked with include: Addison, Amarillo, Bellaire, Belton, Carrollton, College Station, Denton, Flower Mound, Fort Worth, Garland, Grand Prairie Keller, McKinney, Mort Belvieu, and Southlake. He has also conducted local needs assessment surveys, as well as numerous state and national surveys. 2. Mr. Paul Ruggiere Mr. Ruggiere is SRC's project ma-.: ger and has managed numerous citizen and customer satisfaction telephone surveys for SRC. He has expertise in quantitative methods, data analysis, and CASES. Beforejoining the SRC staff he was employed by a private sector survey research firm. As project manager. Mr. Ruggiere assumes the day-to-day management responsibility for SRC projects. 3. Ms. Adid Sen Ms. Sen is SRC's data analyst and CATI manager. She will be responsible for rograrnming the survey instrument into the CASES format and for monitoring the technical a pects of data collection. Ms. Sen will also have primary responsibility for developing the database and conducting preliminary data analysis. • 4. Ms. Angela Locke Ms. Locke is SRC's field director and she has responsibility for recruiting, training, and evaluating all interviewers. Ms. Locke will be responsible for selecting the interviewers and conducting project-specific training for the Denton project. • r 8 • _ o • ~genAaNa sgendaltetrt VI. COST The cost of the project outlined in this proposal is $7,000. Administration: $1,000 Instrument design (approximately 40 questionsl minute length): 800 Sample design and selection: 1,000 Interviewing: 2,000 Data entry and analysis: 500 , Report preparation: 1,000 University overhead: 700 Total: $7,000 i a 1 l • 9 • P • r . 98Dda NO aendalta VII. APPENDIX A: STAFF RESUMES • 10 • _ o • 4gnd No Agvdaltetrt., 'latF James J. Glass Survey Research Center Box 13156 University of North Texas Denton, Texas 76203 817.565-3221 (0) 817.565-3295 (FAX) EDUCATION University of Tennessee, Knoxville, Ph.D., 1972, Public Administration and Planning. Kent State University, M.P.A., 1968. Denison University, B.A., 1966, Political Science. ADMINISTRATIVE EXPERIENCE Director, Survey Research Center, University of North Texas, 9/1/93- current. Acting Director, Survey Research Laboratory, University of North Texas, 10/92-8/31/93. Director, Center for Public Management, University of North Texas, 6192. 8/93. Director, Division of Public Administration, Department of Political Science, University of North Texas, 9/91-8/92. Director, Master of Public Administration Program, Department of • Political Science, University of North Texas, 1/79.8/81. Director, Applied Policy Research Program, Division of Public Administration, University of North Texas, 9/75-9/90. Acting Assistant Director, Bureau of Public Administration, University of • Tennessee, 9/72-9/73. ~ 1 W • • Apandalt Date TEACHINGIRESEARCH EXPERIENCE Professor, Department of Public Administration University of North Texas, 9/90-present. Associate Professor, Division of Public Administration, Department of - Political Science, University of North Texas, 9/79-8/90. Visiting Research Associate, Center for Governmental Services, Auburn University, May 1992, May 1991, May 1990, May 1989, May 1988, May 1987, and May 1985. Faculty Associate, Center for Studies in Aging, University of North Texas, 9/75-present. Assistant Professor, Department of Political Science, University of North Texas, 9.113-8/79. Research Associate, Bureau of Public Administration, University of Tennessee, 9168-8/72. ADMINISTRATIVE REPORTS: Survey Research Center Reports With P. Ruggiero. Town of Addison B usine_ca Suer y. Report submitted to Town of Addison, Summer 1995. I With P. Ruggiero. City of Garland City Press Readership Survey. Report ~ submitted to City of Garland, Texas, Summer 1995. With P. Ruggiero. Drug-Free Workplace Policy S urn . Report submitted to Texas Workers Compensation Research Center, Spring 1995. • With P. Ruggiero. Cily of Laguna Hills 1995 ^i+i rnSurvey, Report submitted to the City Council, Laguna Hills, California, Spring 1995. With P. Ruggiero. Town of Addison 1995 Citizen Sun-y. Report submitted to Town of Addison, Winter 1995. • ' • • With P. Ruggiero. City of McKinney 1994 Citizen Survey. Report to submitted to City of McKinney, January 1994. J 2 • 0 t 14 • a • ~81>r3No . With P. Ruggiere and Sharon Walker, Tarrant County Low Income Household Survey. Report submitted to Tarrant Courty Commissioners Court, November 1994. Octoberfest Attendance Pattern s, Report submitted to Town of Addison staff, October 1994. With P. Ruggiere, Texas uncipal ~ eavu Risk Pool Fund Contact and Participant Survey. Report submitted to Texas Municipal League, )tine 1994. With P. Ruggicre. Texas Municipal League Training Needs Assessment. Report submitted to Texas Municipal League, May 1994. City of Fort Worth Citizen Survey. Report submitted to City of Fort Worth, June 1994. Octoberfest Attendance Patterns. Report submittto Town of Addison, December 1993. Town of Addison 1993 Metroplex Survey R s u1 a, Report submitted to Town of Addison, November 1993. i City of Carrollton 1993 Metroplex Survey Results. Report submitted to City of Carrollton, November 1993. City of Denton 1993 Metroplex Survey Results. Report submitted to City of Denton, November 1993. City of Grand Prairie 1993 etroniex Survey Results. Reported submitted to City of Grand Prairie, November 1993. with A. Rubin. Evaluation of Client Access Pilot Projects in la_ Lubbock. and Schlicher Counties. Report submitted to Texas Health and • Human Services Commission, October 1993. with C. Newell. North Texas Institute for Educators on he Visual Arts Strategic Planning Survey. Report submitted to North Texas Institute, October 1993, • with V. DeSantis. Grand Prairie Cable Market Analysis. Report submitted • • to City of Grand Prairie. May 1993. 3 • a r Date with V. DeSantis. Grand Prairie Indeecndent School District Needy Assessment. Report submitted to Grand Prairie ISD, May 1993. with V. DeSantis and S. Lebo. North Ted Nonprofit Agency Needs Assessmen . Report submitted to University of North Texas, April 1993. with S. Lebo. Assessment of S sported Employment Pilot Protects, Report submitted to Texas Planning Council for Developmental Disabilities, March 1993. Other reports:1985-1995 with V. DeSantis. Hummn Sctvice Needs Assessment. Report submitted to the City of College Station, October 1994. with S. Ntmn. City of Dallas air Housing Imp diments Analysis. Four part report submitted to the City of Dallas Fair Housing Office, December 1993. with V. DeSantis and S. Nunn. Feasibility Study of A Permanent Blinn rollege Cam +s in College S e ion. Report submitted the City of College Station, March 1993. with V. DeSantis. Oily of Grand Prairie i i en Surve~, Report submitted to City of Grand Prairie, January 1993. Town of Addison 1992 Ci•imn Survey. Report submitted to the Town of Addison, De(cmber 1992. Reports also submitted April 1991 and June 1989. with V. DeSantis and S. Nunn. City of Fort Worth Citizen Survey 1992. Report submitted to City of Fort Woru% July 1992. City of Ke ter Citizen Survey 1992. Report submitted to the City of Keller, January 1992. • City of jkllaire Citizen S Report submitted to the City of Bellaire, Texas, February 1992. Rep.). i submitted in 1990, 1988, 1986, 1984, and 1982. • r 4 • • ;F 1'j : 1~~~ tiAh s • 0 • Aeft No. agonda'terr~,_._., City of Carrollton 1991 Citizen S ur%ey. Report submitted to the City of Carrollton, March 1991. Report also submitted June 1989. City of Belton 1990 i i en Survey. Report submitted to the City of Belton, March 1990. with D. Ammons, 1987 City of Denton Cable Television Market n_alyya, Report submitted to City of Denton Cable Television Advisory Committee, March 1987. with D. Ammons, City of Carrollton Citizen Survev. Report submitted to the City of Carrollton, March 1986. with K. Ward and J. Sumnen, Dothan Reorganization Rem. Auburn, AL: Center for Governmental Services, Auburn University, 1986. with D. Arnmons, Battered Women in Collin Co mty_ An Assessment of the Need for a Shelter for Abused Women and Children Report submitted to the Collin County, Texts Task Force on Domestic Violence, June 1985. City of Denton Citizen Survey. Report submitted to the City of Denton City Council, Denton, Texas, duly 1986. Reports of surveys also submitted in 1979, 1980, 1981, 1982, 1983, 1984, and 1985. with D. Ammons, City of Flower Mound it zen S_*tie_v, Report submitted to the City of Flower Mound, Jane 1985. ConsultstlolL:(1985-1995 Human Service Delivery System Assessment, City of College Station, 1994. I Fair housing impediments analysis, City of Dallas, Texas, 1993. i Blinn College relocation feasibility study, City of College Station, Texas. • Town of Addison citizen surveys, Town of Addison, Texas, 1993, 1991, and 1989. City of Grad Prairie citizen survey, City of Grand Prairie, Texas, 1992-93. City of Fort Worth citizen survey. City of Fort Worth, Texas, 1992. ' • • City of Keller citizen survey. City of Keller, Texas, 1992. 5 t, O l i R j l • a • gCrslaNo - - ncn~;'tem~~~ _ City of Bellaire citizen surveys, City of Bellaire, Texas, 1992, 1990, 1988, 1986, 1984, and 1982. City of Carrollton citizen surveys, City of Carrolton, Texas, 1991, 1989, and 1985. City of Belton citizen survey, City of Belton, Texas, 1990. City of Denton cable television market Analysis, City of Denton Cable Television Advisory Committee, 1987. City of Denton citizen surveys, City of Denton, Texas, 1986, 1985, 1986, 1985, 1984, and 1983. Assessing the need for a shelter for abused women and children in Collin County Texas, Collin County Task Force on Domestic Violence, 1985. City of Flower Mound citizen survey, City of Flower Mound, texas, 1985. SELECTED PUBLICATIONS Growth Management and EcQnomic Develoomeet. Auburn, AL: Center for Governmental Services, Auburn University. (Fall 1993). Recruiting Local Government Executives. With David Ammons, San Francisco.Jossey-Bass Publishers, October 1989. Citixrn Surveyor Powerful Toole for Public M nggffi, Auburn, AL: Center for Governmental Services, Auburn University, 1988. Articles qnd Chapters • "Planning the Community's Futu:e." In E_ffeetive L&Qal Government vManagel, C. Ncwell ed. Washington, D.C.: International City Management Association, 1993. "City Managers, Job Satisfaction, and Community Problem Perceptions," with Victor DeSantis and Charldean Newell, Public Administra ; n Review, • (September/October 1992). 6 • • r 4gellda No._M. Agendaltem. . tkte "City Manager Roles in a Changing Political Environment," with C. Newell and D. Ammons, in George Fredrickson ed. Ideal and Practice in Co +nc_ in$ger Go emment Washington, DC: International City Management Association,. 1989. "Cable Television Refranchising Studies: An Important Role for Citizen Surveys," with David Ammons, International Journal of Public Administrar_ior;- (September 1989) 821.834. "Managers in the Classroom," with L. Harrell, Texas Town and City. (March 1989). The article is a condensed version of a report, "Managers in the Classroom," done for the Texas Municipal League. "City Managers and School Superintendents," with Charldean Newell, MunjcipAl Matti (March 1989) 14. with David Ammons, "Headhunters in Local Government: Use of Executive Search Firms in Managerial Selection," Public Administration Review 48 (May-June 1988) 687-693. with David Arrunons, "Assessing a Community's Need for a Domestic Violence Shelter: A Multidimensional Approach," Journal of Health and Human Resources A minis ra ion. (Spring 1986) 374-392. with C. Newell, "Personnel Training and Technical Assistance Needs in ,Middle-size Texas Cities," 1h icjpal Matrix, 17 (March 1985), 1-4. with C. Newell, "Personnel Management in Texas Cities: A Survey of Local Governments," Texas Journal of Political Studies, (Spring-Summer 1984) 39-51. with C. Newell, "Attaining Participatory Objectives: Citizen Information and Training Needs," International ]on=] of P +blic A mi istra ion, 2 (December 1980),411-33. • "Citizen Participation in Planning: The Relationship between Objectives and Techniques," JoeJou arty American elapp)pg 4mcia i - (April 1979) 180.189. Reprinted by the United States International Communications Agency, Spring 1980. O ' • • J 7 • a • r ogenda No 4gendallem~ ~tlf _ SELECTED PAPERSIPRESENTATIONS (1490-45) "Using Surveys to Identify Citizen Priorities." Presentation to Chamber of Commerece, City of the Colony, Texas, July, 1995. "Using Client Surveys to Measure Performance." Presentation at the Appalachian Regional Commission 1945 Leadership and Management Conference, April 1995. "Citizen Surveys for Local Government Managers." Workshop presented at 1994 annual conference of the International City/County Management Association, October 1994 "Managing for Results," Presentation at the annual meeting of the Texas Association of Counties, August 1994. "The Use and Application of Citizen Surveys." Presentation at the annual meeting of the Texas City Management Association, June 1994, "How to Conduct a Citizen Survey." Workshop presented to staff of the City of Roundrock, Texas, April 1994. "Citizen Surveys for Local Government Managers." Workshop presented at 1993 annual conference of the International City/County Management Association, October 1993. "Problems Associated with Citizen Surveys." Presented at 1993 annual conference of the International City/County Management Association, { October 1993. "Citizen Surveys as Performance Measures." Presented at Managing for 1 Results Conference, Austin, TX October 1993. with V. DeSantis and S. Nunn. "Community Planning Model." Urban • Affairs Annual Conference, April 1943 PROFESSIONAL MEMBERSHIPS American Society for Public Administration , • American Association for Public Opinion Research Texas City Management Association • • 8 • a. • r IIQBIIdaNo. Paul Rugglere Survey Research Center P.O. Box 13156 University of North Texas Den tan, TX 76203 EDUCATION University of North Texas, Denton, M.S., 1991, Sociology and Organizsiional Behavior. University of North Texas, Denton, B,B.A., 1987, Business Administration (Marketing). ADMINISTRATIVE/PROFESSIONAL EXPERIENCE Project Manager, Survey Research Center, University of North Texas, Denton, 2194-current. Research Associate, Survey Strategies International, Dallas, 5192-2/94. Research Associate, University of North Texas (TARP Grant for the study of self managing work teams), Denton, 1/90-12/91. ADMINISTRATIVE REPORTS With J. Glass. Drug-Free Workplace Policy Survey. Report submitted to Terms Workers Compensation Research Center, May 1995. City of Allen 1995 Employee Survey, Report submitted to the City of Allen, March 1995. With J. Glass, oxa w,ic' °1 Ague Tr ining Needs As_scmen~ Rgwrt submitted to Texas Municipal League, May 1994. With J. Glass, City of Allen 1994 Employer Survey. Report submitted to the City of Allen, March 1994. With J. Glass. Town of Addison Business Rurvey. Report submitted to Town of Addison, Summer 1995. With 1. Glass and Sharon Walker, Tar=t Cog= Low Income Household Survey. Report submitted to Tarrant County Commissioners Court, November 1994. + • (Anonymous) Rank ne Internal Customer Satisfaction PiIQLStudy. Report submitted to • r bank One, Texas in Dallas, Texas, Winter 1993. ,c 0 0 I • o • f AgendaNo, Cate (Anonymous) Gates n ray PMdur s Customer Satisfaction Stud v, Report submitted to Oates Energy Products in Missouri. Spring 1993. (Anonymous) Texas Instruments DS Customer Satisfaction Stud . Reports submitted to Texas Instruments in Richardson in October 1992 and October 1993. With Yeatts, D., Beyerline, M. Thibideaux, M. and Stevens, L. E=Ioyee Survey Re• n s Factors Assoeiat with Performance. Pa_n;cjpat;on Pgycholog; aI arart..;,-r; s and Job Characteristic s, Report submitted to AT&T:Southwest Regional and District Offices, December 1991. With Yeatts, D., Beyerline, M. Thibideaux, M. and Stevens, L. Ana is of Employee Survey and In-Person Interviews• Factors As-ociated with Performance. p rtic' ^ io Psichniovical Characteristics. and Job Characteristics. Report submitted to Boeing Electronics--Corinth, Texas, October 1991 With Yeatts, D., Beyerline, M. Thibideaux, M. and Stevens, L. Analysis of 1990 Employee Survey of a llig Technology Firm. Report submitted to Texas Instruments--Sherman, July 1991. With Yeatts, D., Beyerline, M. Thibideaux, M. and Stevens, L. E,mpLyce Attitude Survey: Conducted by F_a,ulty and Associates of he University of North Truss, R port submitted to Texas Instruments--Sherman, January 1991. With Yeatts, D., Beyerline, M. Thibideaux, Id. and Stevens, L. Boeing Corinth 1990 Employee Attitude Survey, Report submitted to Boeing Elecronics--Corinth, Texas November 1990. PUBLICATIONS/CONFERENCE REPORTS With Yeatts, D. and Stevens L. Self-Managing Work Teams; Problems and Potential Solutions. j Quality and Productivity Alanagemenr Journal., Spring 1993. • With Yeatts, D. Factors That Build Commitment in Self-Managing Work Teams. International Conference on Self Managing Work TcAm, Dallas, Texas, January, 1991. with Yeatts, D. Commitment in Self-Managing Work Teams: An On-Going Study. Amerigp Sociological ssocia ion National Conference. Washington, D.C., August 1990. PROFESSIONAL ACTIVITIES American Society of Training and Development, Dallas Chapter: Two-Year Active Member. • 4f1 • grodaNo Aditi Son, MBA Research Assistant Survey Research Center university of North Texas Denton, TX 76201 EJucadon 8192 University of Arkansas; Fayetteville, Arkansas Ph. D. in Marketing, Expected in December 1995; Cum GPA- 4.0 8/90.8/92 University of Arkansas; Fayetteville, Arkansas MBA; Concentration in Marketing; Clue. GPA 3.8/4.(; Graduated Top 209E of Class. 8/86-7/88 Jsdavpur University; Cs:f:utte, India M. A.; Major in History, Cum UPA - aon-convertible. Graduated second in class. 883 - 7188 Jadevpur University; Calcutta, India S.A.; Major in History; Cum, GPA - non-convcruble. Graduated fust in class. Professional Experience 6195- Survey Research Center, Un vanity of North Tixas, Denton, Tetras. Research Assistant Responsible for activities associated with data milection and analysis along with report preparation. Specifically, responsible for programming survey Instruments on Computer Assisted Survey Methods Program end data analysis with the help of statistical software such as SPSS. 6193 -8194 Arkansas Household Research Panel Director Responsible for all activities associated with exxudoo of surveys. These included questionnaire construction, revision, administration, data entry and analysis on behalf of • clients. Arkansas Household Research Panel (AHRP) is owned and opef ited by the College of Business Administration of the University of Arkansas at Fayetteville. It is composed of over 600 households selected from various cities in Arkansas and is considered a convenient data source for academic researchers nationwide. O I have extensive experience in various statistical analysis procedures and techniques. I ' am also familiar with various spreadshect database and statistical software packages. • a • Date M2 - SM Unhwatty of Arkansas; Faysttsvpls, Arkansas TracA1ng wvAoteAxVstant RespoosbNo induded teachinS courses in PrlnNplet of Muketine, Rend Marketing std Strategic MOW" Manapmcs , all at the uodergrdnnta kvel, Also assisted Dr. C.P. Rao ana Dr. Molly inhofe, PcoMtora of Madmdns, on various research projects involving data an*dk databow mainkasece etc. U92 -12/92 Unhnmlty of Arkansas Compubr Stop; FaystosvlUs, Arkansas Sobs Amociate Worked in the shipping and purchasing department. Acquired exiemive experience In them of database, spreadsheet and word processing whom to monitor, maintain and order Inventory. 1/99.12MY Hansam POMe Ltd.; Csku ta, Win Spead ArsWant to Moager Respoembilities Inch dad liawains with Imeradionaal Warts In Europe and Middle East. Hantam Is an export-import tradmS comp=W. Project Work National Association of Colep BroWcasiem I"S College Radio Survey. Responsble for data analysis and report peeparstioa, Conducted multiple project/ on behalf of clients of Mamas Household Research Paced. Responsible for questionnaire eongructioo, dart wRecdca and analysis [mvhed In multiple acedemk research projects in the area of maeadns. SpmiSWb have written and presented tucks in the arses of arse related mukedug atmk*c mu rkmas marugemem and service quality, I • f Angela Locke 4pendaMO~_„ Field Director Survey Research Center Date, University of North Texas ~ Denton, TX 76203 EDUCATION _ Ph.D. University of North Texas, Denton, TX, Sociology with emphasis in Research Methods and Family and Marriage. Expected completion date May 1997. M.S., Sociology, 1992, University of Central Arkansas, Conway, AR. B.A., Sociology/Social Work, 1989, University of Arkansas at Little Rock, Little Rock, AR. ' EXPERIENCE Field Director, Survey Research Center, University of North Texas, October 1994-current. Research Assistant, Survey Research Center, University of North Texas, Spring 1995. Receptionist/Message Center Operator, DSC Communications Corporation Plsno, TX, May 1993-October 1994. Juvenile Detention Officer, Collin County Juvenile Detention Center, November 1993-March 1994. PROJECT WORK Taste of Addison Attendance Patterns and Exit Survey. Responsible for field work artd report 1 preparation. Conducted for the Town of Addison. I • Physicians Assistants Needs Assessment. Responsible for data collection and report preparation. • w • ATTACHMENT 3 Agvda!tem~_-_-_ . Date__ Citizen Surveys for Setting Priorities services police, fire, stints, parks, and do they want cut? If they want better by DelbertlrarxDN otherservices Councils want to know how services, how do they want to pay Far them? Pr hn" of Idfoan Main citizens me these bask services and which rndPOINCWSaxses improvements might be needed Survey questionnaires are not only The Unit wsity of Taxes arkfnpron useful for educating the council and the Inadditiontoqualityoflife issues and staff about citizen concems,butcanalso smicegcotmdlmembersfrequently want be used to educatecitizensabout dvehard The informationthatciry officials get so knov how city government Is doing. chokes that city governments must make, aicitycouncilmeetings issometimeslike flowdocir...nslike thecouncil? T 61i; what we get when we read the "letters to stag? The police? These and other ques- Dn*nittg A Qtrestlaronire the editor." 'there sure is a lot of it, but eons can serve as a "report card" on The first principle in designing the we're not quite sure b w accurate it is. government responsiveness, questionnaire is to involve the council beginning end. Too sur Accurate information, of Course, is Finaffy,surveys ought toask citizens is ho coondnducteducted wtithout out gent tting enainput from m essential for sound decision-makin . for- the' hard" questions. Too many surveys g the council, and it's not until suety rc- tunately,councilmembers in mos. Texas rhatwehaveseenpVecitizensaneasyway sults am presented that we find that there cities are privy to a great deal of accurate out. For example: "do you think taxes are were many other questions on the minds information, especially staff information aw high"? a'eafl know how taxpayers will of the councilrnembers. This is not to and data from Dow gownimen tal sources answer that question, so it's not worth suggest that the questionnaire is nothing But%henitcomes towhataveragecitize s eking, Rather, citizens should face the more than a composite list ti questions think about municipal matters, ebeguenty same hard choicesaicow nbers.If isn't muchbttierthan the"leners to the uxrayerswantlowerLtxes, !Nces (Con61 uadOnAV@22J editor " one way of oYmomng this ueficiency, ofcourse,is through the useofcitizensur. SOUTHWEST SECURITIES INCORPORATED vni A survey isa deice fordeterrnining how citizens feel about such issues as the investment Bankers quatityof services, t:txesandexpenditurm, and w hat citizens would like the cip to do. ' r.Nz1to Providing Croon laory rw vkva to rises ChAe, Cowttlesea, SoAo Schooh The purpose of this short article is to and Special aaUiefa show how city governments,even insmall Taxpayers expeetpubeetYfidalslo plan capital Improvement dries, can usecitizensunryzmgainaccu• programs that are coat effective as a result of being well financed. In order to accomplish this goal, most municipal rate information at a relatively low cost. officials enAst the assistance, andguidanee of a professlonal • lYewillfirst look atthepurpose ofsurveys, financial consultant juts! as theyreadByemploy an architect, how thryaredesigned an dConti Kted,and engineer ar.dattorney. who should conduct them. The financial consultaras at Southwest SecurRies have the The Purpose of GU= Surveys extensive municipal securales t"dence and knowledge necessary to develop and Implement a financing plan Accurate information is the primary specifically designed IorlrldivklWEneeds. We are dedicated purpose of citizen suveys But accurate to providing a high level of personal services that continue • information about what? In surveys we after the successful completion ofyour bond program. hale conducted in several communities, C«a«114 Hemlowwe • • information has been gathered for several +20+ Eve Sums rt ~ wrts. Many city councils simply want Ono" vein ~stra Se Amarwo anawo,sment9thegeneral qualtry of life z+~irse-an, t4) 65&9450 (512ta2o-3e58 -their neighborhoods, and sofortit. But WNW'•wgA,nOCwrxdYMq more frcqurntly,.ouncils focus on the city 21 may I M • P • Aprida No Agandahm,._...r, The household interview has many 0 CITMEN SURVEYS private firm or a social scientist at a local CondmiedFmmPage 21 can probe a anWit d nd askfollow- up questions, advantages. an ask many questions, unlwsity.Therearesetieraladrantagesoo we questions, and we can get additional information this method In addition to expertise, a uriwn from a variety of sources. On the abouttherespondents merely from obser• research consultant offers two other bene. contrary, thequesiornaireshouldbetightly nation. But the major disarhanugeofthe firs. In the first place, consultants can use drawn and designed. household inteniew is its high cost. the questions on the city's survey that have In drawing up the questions, there can probobh expect to pay $25 for each previously been used on a national, state, are several things to keep in mind First completed surrey, so that even $ 1,000 and other city surveys. The opinions of community can be way to Mostdrabofus the doesn't go very hr. citizens compared in with your own others. Second, a research and foremast, unbiased course, f legid- proba bl sin an u. probably ham received questionnaires in Because of all these problems, we consultant m^cy and objectivity. gives the projen Coop added Cooperation from which the tone and language of the ques- have developed a system which combines citizens is more easily obtained tions indicate the way we're expected to some of the advantages of each survey atnrver We should avid dual-purpose method After selecting our random sample questio ns in which we really ask in ques- of citizens, we call each one on thetele- L'sing a «scattfi tOnsultanti ofcotitse, ices the cost considerably. ugh the tions masquerading in the form of one. phoneandaskiftheywould participatein ncost forsuch cos items questionnaire the There are other guidelines fur drafting the a community surrey, if they agree, we questions, and one should certainly avail explain that we will deliver the surrey to sign curPgng, andstatistital analysis may themselves to such outside help as re- them the f-llowing day and will pick it up be wrrthwfirle, the casts of other aspects searchers at fecal universidet and other the next day. Before we men begin the tend to be Inflated. To lower the cost, we " eaperls in survey research. process of conducting the survey we pro- have, onseveral occasions used a "team approach. In one city, for example, we Ode information through the local media were hired as a research consultant to CoridrxtiriglfteSutvey and through city billings that a comma- The three principal ways in which we nity survey wiII take place. %ben aor cal Is design ignign the the rn surexy with ques+ the city sra onnafre. in Band doing , we first ng are made, many citizens already have ilea t1hen conduct surveys arc by telephone, mail, the city council. After approval of the alerted to the project. Obviousiv, we need andhousehoWinteniew. Telephonesur• people to do the designing, the calling, and questionnaire, the city used is own re• nays are the fastest, u,d they are relatively sources to print it. 1f'e then selected a Cheap, atleasicompiredtothehousehold the delivering Thathringsustoournext random sampieofcitizens tobesurvg , ntrniew, But they haw no major prob- (0101' and conducted die initial telephone con• ins. Fun, there are only a limited number Mara ft the Survey tart with citizens to ask if they would of qutstions you can ask. If you're trying participate. The city was able toget volui to tap citizen opinionsonawidevarieryof There are basically three ways to gem to deIrver and pick up the question. matters telephone sanm3sill not prme manage con imunitysuneys Thefrstisto naines. Ile completed the final step in the wurkahfe, fn addition, getting answers do it in-house. The major advantage, of process: statistical analysis andpnepara• from citizens over the telephone might be course, is cost teduction, but die disad. tion of the final report. By using is own aprohlem,depending onwho'sdoingthe vantagtsmay outweigh thew saOrip Fins, resources and volunteer;,the ciry was able calling, a point to which we shall return you may commit one of your staff mem- to control the toss signifivandy. later. ben to a long project. Second, you risk the f possibility of a less than adequate job In conclusion, citizen surveys, espe• ` The mail surrey, on the other hand, because of the skills required. cially if conducted on a regular basis, can • can contain manv more questions, and it provide accurate Information on the atd- is the cheapest way of collecting informa• A second method is a civic txganizu- tulles and opinions of citizens. Through tion The major problem with the mail tion to conduct the sunev. Using a civic statistical techniques, we can rind out if sunev is what we call :tie r A-response organization reduces the cost, but there there arc differences among such groups rate, In all likelihood, m?il surveys will are mo potential problems. First, organl- as v,: acomemand long ti me residens of ehot only about a 25 percent response ration members, too, might not have the between those who live on one side of the rare. There wourn 6w no problem with this skin to design the questionnaire and draw city and those who live on the other side. • rtslx)rs raie if it were random, but there a random sample of citizens. Second, the Setting priorities and establishing programs • • is some likelihood that the people who organization's agenda in drawing up the can be accomplished with greater assur. retum the questionnaire are the same questions might be different from city ante o t the bun of an Informed under- people who repeatedly appear ar council officials. standing of citizens views, and propedy meetings. I( s the concerns of other resi- conducted questionnaires clearly provide dens in the community which we are The third way is to contract our the better Information than "letters to the :wing to lap, project to a research corsuhant, either a editor." ■ Tares Town A Cry • 22 • 0 • O ATTACHMENT 4 Fonda No ti31f _ Section A, Page 22 I gllaatl, Fort Worth St=-Tel@g= I Wednesday, August 3Q 19% Bedford council votes for 11.5-cent tax-rate cut' BYLAUaAGaAFKv soaN said. rom%rMhsurTekvrm At a work session after last BEDFORD-The City Council night's meeting, a consultant pre- last night lopped another half-cent sensed survey multi to the council off the property tax rate for the that indicate that a $31 rnillion coming fiscal year, bringing the cut bond package being presented this to 11.5 cents less than last years fall to voters has a good chance of rate. passing if residents learn m m ,Councilman Charles Orean about the proposal. moved to pay for $42,000 in debt The $7,000 telephone survey, service for the Old Bedford School which polled 400 residents who are restoration project with surplus regular voters, found that 38 per- hotel-motel tax funds instead of cent would approve a bond pack- using general budge, money. That age of $20 million to $30 million switch resulted in a half-cent re- and that 31 percent would oppose duction, making the tax rate 30 it, pollster Raymond Turco said. centsper$i5oofassessedproperty As the amount of a package in- value, creases so does opposition to it, "I think it's a great idea," Coun- the survey found. oilman Danny McDowell mid However, the large number of after the unanimous vote giving undecided voters could be swayed preliminary approval to the 1995- by the city's sates job on the pro- 96 budget and tax rate. Final ap- pos3l, he said. provalisscheduled forSept. 12. "With more information, there The cut will reduce the avenge will be an increase in ripport;" he resident's tax hill from $411 to said. "The survey indicates the $297, based on an average home more information 66zensare pro- vtueof$99,100. vided, the more supportive they t the public hearing preceding willbecome." t* vote, Carolyn Bauchman, the Residents were polled July 5-12, o Iy resident who spoke, said the Turco said. The survey also indi- city should put aside more money cated strong support for drainage for emergencies. The budget in. projects, a new fire station and a ckudes $181,000 in contingency new water storage tank. funds not dedicatedtoprojects. A community forum to review Councilman Leahmon Cham- bond package recommendations • bcrs said the council will consider will be 7 p.m. tomorrow at so- lot issue. togrande Community Center, "11'r've got it cut awful thin," he 3601 W. Pipeline Road. ti 0 . , r • I ca • c DENTON ~~Dapo0000FOOOo ooo~ F 4p 000 oo~~ o ~o 0 0 C7 0 M C:3 ~ o 0 ~ o 00 ~ o OOO T ~ ~O~O 0000 o N , c o0Q0 ~aaaoaaoo CITY COUNCIL r • • t • 0 • September 19, 1995"~ CITY COUNCIL AGENDA ITEM TO: :MAYOR AND MENIBERS OF THE CITY COUNCIL i FROM: Lloyd V. Harrell, City Manager SUBJ: RECONSIDERATION OF CONTRACT BETWEEN THE CITY OF DENTON AND CAMP, DRESSER, AND MCKEE FOR CONSULTING SERVICES REGARDING INIPLEMENTATION OF STORNIWATER FEES RECONIMENDATION: The Public Utility Board and staff recommends City Council approve employing Camp, Dresser and McKee (CDM) to assist the city in the development of stormwater fees. The contract is not to exceed $23,795 and is to be paid from the City Manager's contingency fund (Exhibit 1), { SUAI1%IARY: The City Council created a citizens task force to evaluate the need for a stormwater utility in December 1990, The committee recommended that the City create a Stormwater utility. At that time, the City Council chose not to create a stormwater utility. However, as a result of the Vision process, three Vision subcommittees recommend-d that stormwater fees be considered as a means to meet the drainage needs of Denton. • At the City Council retreat and the July 25, 1995, City Council meeting, the Council reconsidered the concept of a stormwater fee and requested staff take steps which would allow for the implementation of a stormwater L. January 1, 1996. The staff reviewed the past work c- +leted towards development of stormwater fees and strongly recom.nend that the City hire a • consultant to review, verify and rework if necessary, the work already done and then assist the City in implementation of stormwater fees. • • J I k • a • AgondaNo~ AQ0n031IOM1 MY COUNCIL AGENDA ITEM ~`e--- - SgUember 19, 1995 The Council reviewed a contract with CDM for such services at their meeting f of August 15, 1995 and requested the staff rework the Scope of services so as lower the contract price for CDM's Engineering Services. The staff has worked with CDM and by reassigning several tasks and by reducing the on- site visits from 8 to 2, reducing telephone consultation from 40 to 10 hours and public meeting presentations from 4 to 2, the proposed contract price is $23.795 (See Exhibit 11). Nearly every City in Texas who have adopted a stormwater fee hired an Engineering firm to assist them in implementing stormwater fees. The range of fees they paid were: Georgetown $140,000 j Gainseville $ 98,000 The PUB has reviewed and recommended approval of the contract with CDM. The staff recommends that the PUB be involved in the development of the stormwater fees so as to draw upon the knowledge they have developed from 1 their past efforts with Stormwater fees. However, the public hearings on the final recommendations would be conducted by the City Council. BACKGROUND: Initially, the Council at the Planning retreat, indicated that they would like to remove all drainage issues from the proposed upcoming CiP bond package and put them into the Stormwater utility and build all $7.0 to $9.0 million drainage projects immediately. This accelerated effort could represent an annual debt service of $900,000. The Council also asked to move the funding for Drainage from the general government 1996 budget to the Stormwater Utility effective January 1, 1996 provided the Stormwater fee is implemented by January 1. Since the drainage budget is approximately $400,000 and general government would require a 10% administrative transfer fee, $440,000 would need to be recovered from a drainage fee for the 1996 drainage budget. Presently general government is paying $221,000 in J% service for past G. O. bond issues where-in the proceeds were used ; for drainage projects. The total of the,e amounts is $1,561,000. The anticipated rates require(' to fund this level of exp;nditure i.e., $1,561,000 ($900,000 + • $440,000 + $221,000) would be $37.00 per impervious acre. 2 J J, • agenda No - Aoendaltem-.~ . CI'T'Y COUNCIL AGENDA ITEM ~ f September 19, 1995 Since approximately 90% of the surface area for commercial and office property is estimated to be impervious, the rate for these two types of customers would be $33.301mo. per acre. Industrial customer rates would be $27.75/mo. per acre since they are estimated to have 75% impervious area and for educational/ institutional customers it would be 59.25/mo. per acre since they have 25% impervious area. Residential customers would pay approximately $2.85/mo if the funding level of $1,521,000 is desired. If the Council would consider a slower paced capital improvement plan wherein the $7.0 million drainage capital expenditure could be spread equally f over the next four years, the debt service for the first year would be approximately $175,000 per year and increasing by that amount each year for four years. Combining this $175,000 in debt service with the $440,000 O & M and the $221,000 of existing debt service results in a funding level of approximately $836.000 for 1996. This would rrvilt in a fee of approximately $211mo. per impervious acre with commercial and otrice at $18.901mo. per acre, industrial at 514.70/mo. per acre and educational/institutional at $5.25/mo. per acre and $1.60/mo. per home. It would probably be appropriate to set the fee in the range of $1.85 to $2.25/mo. per home and $25 to $30/mo. per acre so that the rate would not need to be changed for 3 to 4 years. A fee of $2.251mo. per home and $301mo. per acre would provide approximately $1.2 million per year. This amount would support a 15% increase in O & M, over 4 years ( i.e., from $40,000 annually up to $506,000) plus the existing $221,000 in debt service and up to a total of $7,000,000 in drainage capital bonds by 2000. This level of funding would go a tremendous way to resolving the drainage concerns. A fee of $2.25/mo. per horse and $30/mo per acre could remain at that level through budget year 199912000. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: { • Citizens of Denton. Denton Municipal Utility, and the General Government Fund. iSCAL LifPACT: The creation of a Stormwater fee v1d, if imple xntn. y January 19. provide for re funding of 1;7 miiuon of CIP stormwater projects as well as release ad vriorem tax rei.:nues for other general Government functions in • future years. 3 f • r ApsWaNo._- _ Apeadallerr., CnV COUNCIL. AGENDA ITEM Date--_. September 19, 1995 The contract, not to exceed $23,795 will be funded from the City Manager's 1995 contingency fund. RESP LY SUBMITTED: j / : Lloyd . Harrell, City Manager PREPARED BY: 4~1 R. E. Nelson, Executive Director Utilities I i • I t r f I 4 r • p • RYER' 4i 2 91995 CDM Camp Dresser & McKee Inc. a~e~aallem Qate ae.Omxae,M 12770 Col Road Suite 900 r^ OaNas. Texas 75251 Tel. 214 309.9000 Fax 214%02313 August 23, 1995 Mr. Robert E. Nelson, P.E. Executive Director of Utilities City of Denton 215 East McKinney St. Denton TX 76201 RE: Stormwater Utility Implementation Assistance Dear Bob: Enclosed are two copies of our revised contract proposal for assisting the City of Denton with the implementation of the Stormwater Utility. We have reduced cost by limiting travel and anticipating that we can accomplish multiple project activities on each visit to Denton. i Considering the ambitious initial billing date of January 1, 1996, we would like to initiate this project as soon as possible. If the agreement is acceptable, please execute and return cxW copy. Ve yours, CAMP RESSER 6r Mc E INC. Rkhard W. Sawey, P. Vice President RWS:hsp • Enclosures e • 40 ~:1.vcta Rv • . - ~ ~e f i:l ~ 11 ~C, ,~f .Fd y1.~i1~j•~ / ,p ~ ` •~a ~ r • 0 • gendaho Municipal Drainage Utility Systems of the Texas Local Govenunent Code or and re other 3 applicable laws. I ARTICLE 11 PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and upon issue of a notice to proceed by the OWNER and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services and any required extensions approved by the OWNER. This Agreement may be sooner ' terminated in accordance with the pr6visions hereof. Time is of the essemoe in this AgreemeaL The ENGINEER shall make all reasonable efforts to complete the service set forth herein as expeditiously as possible and to meet the scheduled established by the OWNER, through its City Manager or his designee. ARTICLE 111 HA` 0~ i.NGINEERING SERVICES The ENGINEER shall realer the following professional :cervices for development of the PROfECf: Upon execution of this ,agreement, the ENGINEER shall perform the following basic engineering services: • Stormwatec Utility Implementation Assistance, 1i i US • -01 -sue • • Page 2 of 17 457.0450 • • ~genda"io. - 4ga od a f t "Ch fees &,A pfopegaIS; My, VAII tot 01tKIPCd 09 VA RM& 2 MA w4w4c"M #jW - atwhed Fegwsfef f TASK I EVALUATE AVAILABLE DATA RESOURCES AND UTILITY BILLING SYSTEM REQUIREMENTS ENGINEER will coordinate with OWNER to evaluate available data resources for development of stormwiter utility billing system account information required to assign utility fees to Wad parcels. The following data resources will be evaluated: • Existing utility billing system customer data • Aerial photographs • Planimetric maps • Tax plat maps • City GIS graphics/data • U.S. Censw Bureau data ENGINEER will advise OWNER on the use of available data resources to support the development of stormwater utility customer account billing data. ENGINEER Will coordinate with OWNER to establish the utility billing system data management requirements necessary to accommodate billings for the stormwater utility. TASK 2 STORMWATER UTILITY CUSTOMER DATA COMPILATION AND CUSTOMER BILLING RATE DETERMINATION Page 3 of 17 457-0450 I i • • r /For Beta Na ENGINEER will develop an implementation schedule to be followed by OWNER to meet the January 1, 1996 stormwater utility billing implementation date. The schedule will specify milestones and completion dates. ENGINEER will advise OWNER on procedures to be followed by OWNER for the compilation of land parcel specific data for input to stormwater utility customer accounts. This will include training of City staff on use and interpretation of available data resources and on field data collection/verification procedures. ENGINEER will provide a spreadsheet template to OWNER for customer data compilation for transfer into the utility billing system. ENGINEER will review previous studies conducted by OW14ER on the devcloprrreot LM implementation of a stormwater utility. ENGINEER will advise OWNER on the use of available national urban land parcel impervious area data resources to support the development of a residential billing unit basis for the City of Denton. ENGINEER will also review stoemwater utility revenue p -ojectionkustomer billing rates models developed by OWNER. ENGINEER will advise OWNER on alternative revenue projection methodologies which may be more accurate. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compilation activities, and for all utility billing system customer data input activities. TASK 3 SfORMWATER UTILITY DECLARATION AND FEE ORDINANCES ENGINEER will assist OWNER in the development oraliname language appropriate for . implementation of a stormwater utility for the City of Denton consistent with the requirements of the Texas Municipal Drainage Utility Systems Act (Texas Local Government Code, Subchapter C. Chapter 402 or under any other applicable laws). ENGINEER will provide draft language which addresses the following issues: • • Utility revenue enterprise fund management • • - Page 4 of ll 457-0450 • a • tenda No lgendaltem~. _ a Utility dedaration /servicc area • Customer class definitions Fee basis and calculation • Fee adjustments • Fee exemptions • Customer appeals procedures • Recovery of non payment of fees OWNER is responsible for finalizing ordinances and providing any legal seMom TASK 4 MEETINGS AND PRESENTATIONS ENGINEER will conduct a project initiation workshop with key City of Denton personnel to describe the activities which must be completed by OWNER. provide initial guidance for the activities to be completed by OWNER. to coordinate with the OWNER on the evaluation of available data resources and to present the project work schedule. TL,V ENGINEER will mat with OWNER for six (6) hours up to toes during project duration to provide on-site consultation assistance. ENGINEER will provide up w 4fldsouerr of telephone consultation. i o Hou tS. -TWGCz) ENGINEER will attend up to fob public mceting*%emings associated with the adoption of the utility declaration and fee ordinances. ENGINEER will prepare presentation graphics and be • available to make onl presentations at these neetingvUearings. OWNER is responsible for organizing public meetings/hearings. Page 5 of 17 457-0450 • 0 0J • 0 • I 1M KIDC$ \On . CAMP. 0 agenda No ►ganda llemr_.-- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND CAMP, DRESSER & MCKEE, INC. FOR PROFESSIONAL ENGINEERING SE.IVICES RELATING TO ESTABLISHING A FEE OR CHARGES UNDER WHICH A MUNICIPAL DRAINAGE UTILITY SYSTEM MAY BE FUNDED; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Camp, Dresser & McKee, Inc. for professional engineering services relatinu to establishing a fee or charges under which a municipal drainage utility system may be funded, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as authorized by the attached agreement is hereby authorized. SECTION Iii. Tha: this c:dinance shall become effective immediately upon its passage and -roval. 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 • / ' ~I 1. , • • BY: il • w • E~~e ENOINEERINO SERVICE AGREEKRXT FOR STOR MATER U'T'ILITY IMPLDCDITATION ASSISTANCE 'GATE O TEXAS 5 1IINTY OF DENTON S '11415 AGREEMENT is made and entered into as of the day of , 1995, by a.id between the City of Denton, with its prihcl1) o~ ce at 215 F. McKinney Street, Denton, Denton County, Texas 76201, ("OWNER") and Camp Dresser 6 McKee, Inc., with its corpo:ate office at One Cambridge Center, Cambridge, Middlesex County, Massachusetts 02142, hereinafter :alled the ("ENGINEER") arcing herein, by and through its repres<-ntative, duly authorized no to act for and in behalf of said ENGINEER. WITNF;SSETH, that in consideration of the covenants and ulreements herein contained, the parties hereto do mutually agree an fallawn l EMPL,OYMB:rr OF ENGINEER OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with I h,! Project as stated in the sections to follow, and fog h,eviuf,i rendered such services, the OWNER agrees to pay to the XNOINEER compensation as stated in the section to follow. The Proiect shall include stormwater utility implementation .e1411iut.ance. 'rhe ENGINEER agrees to exercise the same degree of +n skill and diligence in the performance of these services as iu t,rdin Lily provided by a professional consultant under similar ,'i t:umntanccs. ARTICLE II PERIOD OF SERVICE • This Agreement shall become effective upon execution by the OviNFR and the ENGINEER and shall remain in force for the period wh%oh may reasonably be required for the completion of the Proj-tct, tn.•ludina Additional Services and any required extensions appro'.ad by the OWNER. This Agreement may be sooner terminated in accor- ,Lin.v with the provisions hereof. Time is of the essence and the • VN~'-1NEFR shall make all reascnable efforts to complete the services ::ol forth herein to meet the schedules established by the YP*NLR. • M71CLE III BASK EN3IN'ErRIN,; SERVICES c SV.I~~Ei s"3:. renter the fc.1cw- professional services :cve::j~xa. the 0 0 • a • I gendaNo f Upon execution of this Agreement, the ENGINEER shall perform the following basic engineering services: i Stormwater Utility Implementation Assistance h TASK 1 EVALUATE AVAILABLE DATA RESOURCES AND UTILITY BILLING SYSTEM REQUIREMENTS ENGINEER will coordinate with OWNER to evaluate available data resources for development of stormwater utility billing system account information required to assign utility fees to land parcels. The following data resources will be evaluated: Existing utility billing system customer data + Aerial photographs + Planimetric maps + Tax plat maps * City GIS graphics/data + U.S. Cene,is Bureau data ENGINEER will advise OWNER on the use of available data resources to support the development of stormwater utility customer account billing data. ENGINEER will coordinate with OWNER to establish. the utility billing system data management requirements necessary to accommo- date billings for stormwater utility. TASK 2 STORMWATER UTILITY CUSTOMER DATA COMPILATION AND CUSTOMER BILLING RATE DETERMINATION • ENGINEER will develop an implementation schedule to be followed by OWNER to meet tEe January 1, 1996 stormwater utility billing implementation date. The schedule will specify milestones and completion dates. ENGINEER will advise OWNER on procedures to be followed by OWNER for the compilation of land parcel specific data for input to • stormwater utility customer accounts. This will include training of City staff on use and interpretation of available data resources • • and on field data collection/verification procedures. ENGINEER will provide a spreadsheet template to OWNER for customer data compilation for transfer into the utility billing system. Page 2 % ry t • 4if • t1ta1.. _ _ . Stir1NEER w:11 review Frevi.us studies :.vt.iu:tr.i tll WVKK .,At tlta development and ir..plementatic~n .,f A atoxtrwxtat uttltty, Ktn Mi Yk will advise CivNER or. the use of avAtlAblr t,iti.vtAt uttatt ta►nd parcel impervious area data resJUTCes to skipi\`tt the .ievot l4tlant of a residential biliirg unit ba-iis for the .'L hoatwt. KNtzlNt+'tisk will also review stormwater utility revenue }n.~irrticvt,~uatrwiet billing rates models developed by C1WN9R, 1;MIMl Vk will AM10a OWNER on alternative revenue Frojectirn methoiol,yloa which itwr l,t+ more accurate. OWNER is responsible for the conduct of n1l City tit fwnton spdo iticl land parcel data collection ani compilation activities, and ttu All utility billing system customer data input activitioo. TASK 3 STORMWATER UTILITY DECLARATION AND VKH ON1t1NANOW ENGINEER will assist OWNER in the development Ordlnanco lanyttat}n appropriate for implementation of a stormwatez utility for tho 01ty of Denton consistent with the requi,remento of the 9'oxAS Munloihrtj Drainage Utility Systems Act (Texan LOCA1 Ck)votimint t'rnie, Subchapter C, Chapter 402). ENGINEER will provido draft lantluarp, which addresses the following issuest + Utility revenue enterprise fund management + Utility declaration/vervlre area • Customer class definitions + Fee basis and calculation • Fee adjustments ► Fee exemptions • Customer appeals procedures • Recovery of non payment of fees OWNER is responsible for finalizing r,rdinsnHceo awl },►uv111►✓1 rroy legal services. 'ASK 4 Y.EETIN,S, STAFF 7./aPDJKATi'i0, A XI) YMsiCd7lI VA14 • EN:;:NcER will co.vhict a pro',ect 1n1t.4t1e~tx v,,rr.stw4, wJ04 Y.sy 1:i<y • • of :Q: tcn pe-re-on el co dercrlte- t}!! a~! 1 rt! F.o4 Y1,;0.io n'la+. Jo* c;-cp:ete3 "cy OWNER, Frv-ride 1'jid iv-,t f-~r t.tt r:tl ittttr l% ter .e'O,. &I :WYEP _j c~~.r4zratt vls.e. t~,t 'AM" :Y tko* OYfi~ i~t74// data Z!bi::.~f ar✓i prtsri.' 4-9* (:/o;w:►. W'.►'r. s: ed::e. i 5 i. ~ o • agenda No 4genda(te~ ENGINEER will meet with owner for six (6) hours up to two (2) times during the project duration to provide on-site consultation assistance. ENGINEER will provide up to 10 hours of telephone consultation. ENGINEER will attend up to two W public meetings/hearings associated with the adoption of the utility declaration and fee ordinance. ENGINEER will prepare presentation graphics and be able to make oral presentations at these meetings/hearings. OWNER is responsible for organizing public meetings/hearings. ARTICLE IY ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included int he above described basic services, are described as follows: A. Refinement of stormwater utility rate policy and customer billing rates. B. Stormwater utility budget planning and covenant documen- tation for revenue bond financing of drainage system facility improvements. C. Regulatory Assistance. During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. D. Assisting OWNER Or Contractor in the defense or prosecu- tion of litigation in connection with or in addition to • those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. E. Sampling, testing or analysis beyond that specifically included in Basic Services. • F. Investigations involving detailed consideration of • • operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction Page 4 • a • tendaNo., - 1RIF _ performed by the OWNER. 0. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawiigs, or files for the OWNER's use in a future CAD system. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. I. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. 1. Providing geotechnical investigations for the site including soil borings, related analyses and recommenda- tions. K. Any additional services required by the OWNER not included in Basic Services. ARTICLE V RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to unreasonably delay the services of the ENGINEER: A. Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENGINEER's services for the Project. • B. Shall consult with the ENGINEER regarding requirement for the Project, including (1) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. C. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compila- tion activities, and for the conduct of all utility • billing system customer data input activities. • • J D. Assist the ENGINEER by placing at ENGINEER RIs disposal all available information per t to the Project including previous reports and any other data relative to the Project. Page 5 1- o • AWa No, AU3ndalte _ Dais E. Arrange for access to, and make all provisions for the ENGINEER to enter upon, Eablic and private property as required for the ENGINEER to perform services under this Agreement. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain on the OWNER's behalf advice of an attorney, insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to unreasonably delay the services of the ENGINEER. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. Obtain as necessary for OWNER's benefit, and at OWNER's sole discretion such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the OWNER may require with regard to legal issues pertaining to the Project. 1. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any develop- ment that affects the scope or timing of the ENGINEER'S services. J. Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or inspection trips. K. Bear all costs incident to compliance with the require- ments of this Article V. • ARTICLE VI COMPENSATION A. COMPENSATION TIRMSs 1. "Subcontract Expense" is defined as the expense that is • incurred by the ENGINEER in employment of others in outside firms for services. ' • • 2. "Direct Non-Labor Expense" is defined as that expense for j any assignment incurred by the ENGINEER for supplies, transportation and equipment, travel communications, subsistence and lodging away from home and similar Page 6 • • ,d', c'Y.~,i i ~r~i r y,*~y.rk, .u f r':V' y+f~~t~ -A i p • A$91!d3 No Aganda;temj_____ Nie____-__. _ incidentals in connection with that assignment. B. BASIC SERVICESi For and in consideration of Stormwater Utility Implemen- tation Assistance services of the Basic Services (Article III) to be rendered by the ENGINEER, tae OWNER agrees to pay based on the Cost Estimate Detail shown in Exhibit A, with the total lump sum fee of $23,795. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by j the OWNER, however, under no circumstances shall any j monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may withhold the final 5 percent of the contract amount until completion of the project. Nothing contained in this article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract. The City shall not be required to make any payments to the ENGINEER when the ENGINEER is in default under this Contract. It is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reim- bursement above thy: maximum fee as stated without having first obtained written authorization from the OWNER. ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. • D. PAYMENT , If the OWNER fails to make payments due the ENGINEER for • • services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (it) per month from said sixtieth (60th) day, Page 7 t • 0 AgrdOem,~. Dale and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges. Provided, however, nothing herein shall allow ENGINEER to suspend services or to impose the late charge set forth herein when payments are withheld under Article VI B. "Basic Services" or are not made due to a determination by the Executive Director of Utilities that the work for which the payment is submitted is unsatisfactory. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the EN- GINEER's compensation. ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the ENGINEER or any subcontractors. ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement shall become the property of the OWNER upon termination of this agreement. The ENGINEER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by the OWNER or others. Any reuse by the OWNER on other projects unrelated to this project will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants. 0 ARTICLE IX INDEMNITY/INDEPENDENT CONTRACTOR The ENGINEER shall perform all services as an independent contractor not under the direct supervision and control of the City. The ENGINEER shall indemnify and save harmless the OWNER and • its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any ' 0 • person or persons or property, bodily injury, property damage, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing Page B • 0 - V + ff~ly Al X11 al lT♦ • • t gendaho +gandaitffaL~ q;: herein constitutes a waiver of any rights or remedies the City may have to pursue any remedies it may have, at law or equity, resulting in losses to the City proximately caused by ENGINEER'S negligent acts or omissions. ARTICLE X INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance issued by Best Rated Carriers, with a rating of A or A+, approved to do business in Texas by the State Insurance Commission and shall name OWNER as an additional insured on all such policies: A. Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occur- rence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability insurance with limits of not less than $1,000,000 annual aggregate. E. The ENGINEER shall furnish insurance certificates to evidence such coverages. The certificates shall contain a provision that such insurance shall not be canceled or changed without 30 days prior written notice to OWNER. • In the event of any cancellation or material change in policy, prior to the effective date of such change or cancellation, ENGINEER shall provide substitute policies providing the same coverage. • ARTICLE ~ ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the other's approval. Page 9 f 0 • Agandaltea 06'.e ARTICLE XII TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice. In the event of an), termination, the ENGINEER shall immediately cease all services hereunder and will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimburs- able expenses directly attributable to termination. Snould the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information. ARTICLE XIII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal represen- tatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement acid to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants. agreements and obliga- tions of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from 1 employing such independent associates and consultants as the 1 ENGINEER may deem appropriate to assist in the performance of services hereunder. i • Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than tho OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages 1 to 13 with e Exhibits as listed in Article XVI, constitutes the entire Agreement , O between the OWNER and the ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. Page 10 • O • L eNaNo - ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents and consultants. ARTICLE j~ NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, certified mail, return receipt reque: :ed unless and until either party is otherwise notified in writir, by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing. If intended for the OWNER, to: City of Denton Attn: Robert E. Nelson, P.E. Executive Director for Utilities 215 East McKinney Street Denton, TX 76201 If intended for the ENGINEER to: Camp Dresser & McKee Inc. Attn: George E. Oswald, P.E. 8911 Capital of Texas Highway Suite 4240 Austin, TX 78759 ARTISL E I A. The following exhibits are attached to and made a part of this Agre^ment: EXHIBIT A - Cost Estimate Detail B. A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect • • the waiving party's rights with respect to any other or future breach. C. Upon termination of this Agreement, ENGINEER shall provide OWNER with all completed or partially completed Page 11 • a • Agenda No Agendalemr_ - We engineering documents, reports or data prepared under this LGREEMENT. D. ENGINEER agz•eet that OWNER shall, until the expiration of three ;3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this Agree- ment. ENGINEER agrees that OWNER shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate .nd appropriate work space in order to conduct audits in compliance with the previsions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. E. Venue of any suit or cause of action under this Agreement shall exclusively lie in Denton County, Texas. F. In performing the services required hereunder, the ENGINEER shall not discriminate against any person on the basis of race, color, religion., sex, natural origin or ancstry, age, or physical handicap. G. ENGINEER will secure its own personnel to perform all services required under this Agreement who shall be fully qualified to perform such services. H. The captions of this Agreement are for informati%nal purposes only and shall not affect the substance terms or conditions of this Agreement. This contract is executed in four counterparts. CITY OF DENTON, TEXAS A BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • Page 12 - - r • • 1 \ , td ,ri J 1 ,.^Cr r ~r r, ~ G'r K.w ~ 0 0 Agenda No~..-- A g e n d a I t e mom--.--- Date_ _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: :h izil CAMP DRESSER & MCKEE INC. Engineer Richard W. Sawey P.E., Vice President WITNESS: • • , o o' 1: "MM K\ CAMPM 9 Page 13 mile • • • Agenda No. Lie EXHIBIT A COST ESTIMATE DETAR_ Task Hours Labor Cat I Evaluate Available Data Resources & Utility 18 $1,865 Billing System Requirements 2 Stormwater Utility Customer Data go $7,123 Compilation & Customer Billing Rate Determination 3 Stormwater Utility Declaration & Fee 32 $3,955 Ordinances 4 Meetings, Staff Coordination, & Presentations 88 $9,985 218 $21,930 Direct Non Labor Expense: Aut Rental 7 Days ® $50/day $350 Air Fare, 7 Round Trips Austin - Dallas ® $165 $1155 Lodging/Per Diem 2 Days ® $80 $160 Telecommunications/Copies/Supplies $200 $4,523 Total Cost $23,795 • • W • ENGINEERING SERVICE AGREEMENT FOR STORNWATBR UTILITY IMPLEMENTATION ASSISTANCE STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT is made and entered into as of the day of 1"95, by and between the City of Denton, with its principal office at 215 E. McKinney Street, Denton, Denton County, Texas 76201, ("OWNER") and Camp Dresser & McKee, Inc., with its corporate office at One Cambridge Center, Cambridge, Middlesex County, Massachusetts 02142, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consir~ration of the covenants and agreements herein contained, the rties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having randered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the section to follow. The Project shall include stormwater utility implementation assistance. The ENGINEER agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances ARTICLE II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accor- dance with the provisions hereof. Time is of the essence and the ENGINEER shall make all reasonable efforts to complete the services set forth herein to meet the schedules established by the OWNER. • • ARTICLE III BASIC EN3INEERING SERVICES The ENGINEER shall render the following professional services for development of the PROJECT: p • a • ,\VA M:i\`t +l!.h,a 1,~1!`11\11 N1t \,1r ~V^oi\==Z .\\•t~l\:Mt~ I~Ik}. t`N'\~11 Y v111N~1 - Y1'tt1111, 1~'l eSJl7 rCe$ f: Z ,jf \'M i,vvMlll .•1 MI r•.y d!N1) wl !',.i t 111 1 I 1l\.~ 1 ~.1 accc=t i:lf.^I'"I WO IM,p1ii 1 w',t 1,r 4MN 1!Ill !11 111+ 1 1 . parcels. Thr f,`1Srw I11d !1A1 IrM,',111 wN 11111 1,r "i 14111',1 - 1 • Exiet ill,l 111 1111 1 1,i 11 II!,i wINV rlli !1A1 HI-V 111 4 ♦ Aerial III "IlA1,11ll ♦ P1arl IItint I I, Inapn * Tax plat maim ♦ r'jt.y ri71! UIr.Rili}, rr,/fti! ti r.A IrI ${'i l r. Mr Jti n r/Aup> ':1, S.:Li... ':.rt/w,M.r n' el r- r r I 1Y:.SZ:1- '.'//.'i'•♦'4 A '/'Fltyri ;.l~.N ;b •4 411r~.. ..,1. •ti rL,N :i r !.Y SP- A, _d~Y'.._.. .L; .lam 'i .~,i/, • ,r o.y:. ~ r' / i - ,fir ~'r,.J • • =Z- z • _ w • lgcDO No 4aanda'te~,._~,. Upon execution of this Agreement, the ENGINEER shall perform the following basic engineering services: Stormwater Utility Implementation Assistance TASK 1 EVALUATE AVAILABLE DATA RESOURCES AND UTILITY BILLING SYSTEM REQUIREMENTS ENGINEER will coordinate with OWNER to evaluate available data resources for development of stormwater utility billing system account information required to assign utility fees to land parcels. The following data resources will be evaluated: ` * Existing utility billing system customer data • Aerial photographs • Planimetric maps • Tax plat maps • City GIS graphics/data + U.S. Census Bureau data ENGINEER will advise OWNER on the use of available data resources to support the development of stormwater utility customer account billing data. ENG,NRER will coordinate with OWNER to estahlish the utility billing system da'-a managemen. requirements necc. y to accommo- date billings for stormwater utility. TASK 2 STORMWATER UTILITY CUSTOMER DATA COMPILATION AND CUSTOMER BILLING RATE DETERMINATION • ENGINEER will develop an implementation schedule to be followed by OWNER to meet the January 1, 1996 stormwater utility billing implementation date. The schedule will specify milestones and completion dates. ENGINEER will advise OWNER on procedures to be followed by OWNER for the compilation of land parcel specific data for input to • stormwater utility customer accounts. This will include training of City staff on use and interpretation of available data resources • • and on field data collection/verification procedures. ENGINEER will provide a spreadsheet template to OWNER for customer data compilation for transfer into the utility billing system. Page 2 • a~ gen4a No ENGINEER will review previous studies conducted by OWNER on the development and implementation of a stormwater utility. ENGINEER will advise OWNER on the use of available national urban land parcel impervious area data resources to support the development of a residential billing unit basis for the City of Denton. ENGINEER will also review stormwater utility revenue projection/customer billing rates models developed by OWNER. ENGINEER will advise OWNER on alternative revenue projection methodologies which may be more accurate. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compilation activities, and for all utility billing system customer data input activities. TASK 3 STORMWATER UTILITY DECLARATION AND FEE ORDINANCES ENGINEER will assist OWNER in the development ordinance language appropriate for implementation of a stormwater utility for the City of Denton consistent with tha requirements of the Texas Municipal Drainage Utility Systems Act (Texas Local Government Code, Subchapter C, Chapter 402). ENGINEER will provide draft language which addresses the following issues: + Utility revenue enterprise fund management + Utility declaration/service area * Customer class definitions + Fee basis and calculation + Fee adjustments + Fee exemptions + Customer appeals procedures • * Recovery of non payment of fees OWNER is responsible for finalizing ordinances and providing any legal services. TASK 4 MEETINGS, STAFF COORDINATION, AND PRESENTATIONS • ENGINEER will conduct a project initiation workshop with key City • of Denton personnel to describe the activities which must be completed by OWNER, provide guidance for the activities to be completed by OWNER, to coordinate with the OWNER on the evaluation of available data resources and to present the project work schedule. Page 3 • 0 • +goodaNo - ag3 )da!tem r~a;e ENGINEER will meet with owner for six (6) hours up to two (2) times during the project duration to provide cn-site consultation assistance. ENGINEER will provide up to 10 hours of telephone consultation. ENGINEER will attend up to two (2) public meetings/hearings associated with the adoption of the utility declaration and fee ordinance. ENGINEER will prepare presentation graphics and be able to make oral presentations at these meetings/hearings. OWNER is responsible for organizing public meetings/hearings. ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included int he above described basic services, are described as follows: A. Refinement of stormwa~ter utility rate policy and customer billing rates. B. Stormwater utility budget planning and covenant documen- tation for revenue bond financing of drainage system facility improvements. C. Regulatory Assistance. During the course of the project, as requested by OWNER personnel, the ENGINEER will be j available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. D. Assisting OWNER Or Contractor in the defense or prosecu- tion of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. E. Sampling, testing or analysis beyond that specifically included in Basic Services. • F. Investigations involving detailed consideration of ' • • operation, maintenance and overhead ex, uses, and the J preparation of rate schedules, eaniings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force aa:ount construction Page 4 • 0 • 0 • teoda No Agandalarn _ pezformed by the OWNER. G. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. I. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. J. Providing geotechnical investigations for the site including soil borings, related analyses and recommenda- tions. K. Any additional services required by the OWNER not included in Basic Services. ARTICLE V RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to unreasonably delay the services of the ENGINEER: A. Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies 1 and decisions with respect to the ENGINEER's services for the Project. B. Shall consult with the ENGINEER regarding requirement for the Project, including (1) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. C. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compila- tion activities, and for the conduct of all utility billing system customer data input activities. • • D. Assist the ENGINEER by placing at the ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. Page 5 • w t-oa a Na 4oanda'te~~ x E. Arrange for access to, and make all provisions for the ENGINEER to enter upon, public and private property as required for the ENGINEER to perform services under this Agreement. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain on the OWNER's behalf advice of an attorney, insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to unreasonably delay the services of the ENGINEER. ' G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. Obtain as necessary for OWNER's benefit, and at OWNER's sole discretion such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the OWNER may require with regard to legal issues pertaining to the Project. 1. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any develop- ment that affects the scope or timing of the ENGINEER's services. J. Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or inspection trips. K. Bear all costs incident to compliance with the require- ments of this Article V. • ARTICLE VI COMPENSATION A. COMPENSATION TERNSi 1. "Subcontract Expense" is defined as the expense that is • incurred by the ENGINEER in employment of others in outside firms for services. • • 2. "Direct Nan-Labor Expense" is defined as that expense for any assignment incurred by the ENGINEER for supplies, transportation and equipment, travel communications, subsistence and lodging away from home and similar Page 6 • A • Acura No. incidentals in connection with that assignment. B. BASIC SERVICES: For and in consideration of Stormwater Utility Implemen- tation Assistance services of the Basic Services (Article III) to be rendered by the ENGINEER, the OWNER agrees to pay based on Cost Estimate Detail shown i❑ Exhibit A, with the total lump sum fee of $23,795. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may withhold the final 5 percent of the contract amount until completion of the project. Nothing contained in this article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract. The City shall not be required to make any payments to the ENGINEER when the ENGINEER is in default under this Contract. It is specifically understood and agreed that the ENGINEER nhall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reim- bursement above the maximum fee as stated without having first obtained written authorization from the OWNER. ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES • For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. • D. PAYXMrr If the OWNER fails to make payments due the ENGINEER for services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (14) per month from said sixtieth (60th) day, Page 7 • 0 • • r ~gcndaltemr~ and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges. Provided, however, nothing herein shall allow ENGINEER to suspend services or to impose the late charge set forth herein when payments are withheld under Article VI B. "Basic Services" or are not made due to a determination by the Executive Director of Utilities that the work for which the payment is submitted is unsatisfactory. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the FN- GINEER's compensation. ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due dilige--a in discovering and promptly reporting to the OWNER any defects deficiencies in the wozk of the ENGINEER or any subcontractors. ARTICLE VIII OWNERSHIP OF DOCUMENTS All document„ prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement shall become the property of the OWNER upon termination of this agreement. The ENGINEER may make and retain copies fur information and reference; however, such documents are not intend(- or represented to be suitable for reuse by the OWNER or others. Any reuse by the OWNER on other project• unrelated to this project will be at the OWNER's sole risk and -without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants. • ARTICLE IX INDEMNITY/INDEPENDENT CONTRACTOR The ENGINEER shall perform all services as an independent contractor not under the direct supervision and control of the City. The ENGINEER shall indemnify and save harmless the OWNER and • its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any • • person or persons or property, bodily injury, property damage, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing Page 8 • 0 I A • ~OrIQafVO herein constitutes a waiver of any rights or remedies the City may have to pursue any remedies it may have, at law or equity, resulting in losses to the City proximately caused by ENGINEER's negligent acts or omissions. ARTICLE X INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance issued by Best Rated Carriers, with a rating of A or A+, approved to do business in Texas by the State Insurance Commission and shall name OWNER as ' an additional insured on all such policies: A. Comprehensive General Liability Insurance with bodily injury limits of not lees than $500,000 for each occur- rence and not leas than $500,000 in the aggregate, and with property damage limits of not leas than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,090 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability insurance with limits of not less than $100,000 for each accident. D. Professional 7d ability Insurance with limits of not leas than $1,000,000 annual aggregate. E. The ENGINEER shall furnish insurance certificat s to evidence such coverages. The certificates shall cuatain a provision that such insurance shall not be canceled or changed without 30 days prior written notice to OWNER. In the event of any cancellation or material change in • policy, prior to the effective date of such change or cancellation, ENGINEER shall provide substitute policies providing the same coverage. • ARTICLE XI ARBITRATION • • No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the other's approval. Page 9 Vk, • O • s ARTICLE RII TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice. In the event of any termination, the ENGINEER shall immediately cease all services hereunder and will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimburs- able expenses directly attributable to termination. Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information. ARTICLE XIII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal represen- tatives c,f the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, 3-istrators and legal representatives land said assigns) of such party, in respect of all covenants, agreements and obliga- o: this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or tr aster any rights under or interest in (including, but without lit, tation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. • Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages 1 to 13 with • Exhibits as listed in Article XVI, constitutes the entire Agreement between the OWNER and the ENGINEER and supersedes all prior written • • or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. Page 10 1 • r p • r AQMN0,...~.■.,r~: . Agmdalt Om ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents and consultants. ARTICLE XV NOTICES All notices, communications, anyl reports required or permitted under this contract shall be personally delivered or mailed to the respective parties i>y depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing. If intended for the OWNER, to: City of Denton Attn: Robert E. Nelson, P.E. Executive Director for utilities 215 East McKinney Street Denton, TX 76201 If intended for t:,,3 ENGINEER to: Camp Dresser & McKee Inc. Attn: George E. Oswald, P.E. 8911 Capital of Texas Highway Suite 4240 Austin, TX 78759 ARTICLE XVI • A. The following exhibits are attached to and made a part of this Agreement- EXHIBIT A - Cost Estimate Detail B. A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect • • the waiving party's rights with respect to any other or J future breach. C. Upon termination of this Agreement, ENGINEER shall provide OWNER with all completed or partially completed Page 11 • • ,I aAo,~~.,r.._. engineering documents, reports or data prepared under this AGREEMENT. D. ENGINEER agrees that OWNER shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this Agree- ment. ENGINEER agrees that OWNER shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. E. Venue of any suit or cause of action under this Agreement shall exclusively lie in Denton County, Texas. F. In performing the services required hereunder, the ENGINEER shall not discriminate against any person on the basis of race, color, religion. sex, natural origin or ancestry, age, or physical handicap. 0. ENGINEER will secure its own personnel to perform all services required under this Agreement who shall be fully qualified to perform such services. H. The captions of this Agreement are for informational purposes only and shall not affect the substance terms or conditions of this Agreement. This contract is executed in four counterparts. CITY OF DENTON, TEAM • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: Page 12 r ♦ '9s` • a l io .re.rw navn.r.nsrMr+.~raM4tM!RM~?!"~. "`a AgondaNc....,r Apendaltern APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CAMP DRESSER & MCREE INC. Engineer R c and W. Sawey P.E., Vice President WITNESS: I~I 1 r, O / l:\KPDOCB\R\CBM7~BB.K Page 23 • • . . ,rid, ~'a ar ,r- ~ ,~t . a 6 •;x • w • Oate - EXHIBIT A COST ESTIMATE DETAIL Task Hours Labor Cost 1 Evaluate Available Data Resources & Utility 18 $1,865 Billing System Requirements 2 Stormwater Utility Customer Data 80 $7,125 Compilation & Customer Billing Rau Determination 3 Stormweer Utility Declaration & Fee 32 $3,955 Ordinances 4 Meetings, Staff Coordination, & Presentations 88 $8,985 218 $21,930 Direct Non Labor Expense: Auto Rental 7 Days • $50/day $350 Air Fare, 7 Round Trips Austin - Dallas ® $165 $1155 Lodging/Per Diem 2 Days ® $80 $160 Telecommunications/Copies/Supplies $200 $4,525 Total Cost $23,795 r fta r' i ♦ A ~f^11 ~f 1 V 41~ 0 0 ° s l DENTON oooaQaaoaooooo OF o0 NG ~Q c. o o p 4 0 X00 ~ DO OOO T o ~ ~O~O 0000 N , ~ 0000 aaoooaaoo • CITY COUNCIL ~ • ° o • c► • APWNO_ DATE. Se T"m er 906 CITY COUNCiL REPORT ~e TO: Mayor and Members of the City Council FROM: Lloyd V. Harrefl, City Manager SUBJECT: BANK DEPOSITORY PROPOSAL RECOMMENDATION: Staff recommenus continuing to utilize First State Bank as our primary depository. We also recommend continuing our secondary depository relationship with several other facilities. Staff has discussed the depository proposal with the Investment Committee and it recommended acceptance of First State Bank's proposal. BACKGROUND: The current depository contract will expire on September 30, 1995. Requests for proposals were sent to all Denton banks. In addition, we also advertised in the local paper. Unfortunately, we only received one depository proposal. The proposal was from First State Bank of Denton. As you are aware, First State Bank ir: currently our depository bank and has served in this capacity for several years. We have provided an attachment which compares the current fee schedule to their proposed schedule (see attachment A). Based on our projection of the amount of service that will be required, our annual costs will increase by approximately $3,631.50 under the proposal we received from First State Bank. Of this amount, $3,000 is a result of the fee increase for items deposited (i.e., checks deposited by it the City of Denton). The additional fee is for unencoded checks deposited at First State Bank. This l situation requires First State Bank to expend staff tirr,e reviewing and encoding our deposits. The encoding process allows banks to submit checks to automated clearing • institutions or the Federal Reserve for payment of funds. Since we plan to encode our own checks in the future, we believe that this additional fee will be nullified. The fee for checks deposited which are encoded is the same as the current contract (see attachment 8). Based on the information received, our recommendation is to retain our operating account program with First State Bank of Denton. We also recommend that the City continue to maintain banking relationships with the following financial institutions: Bank One, Denton; Bank One, Dallas; NationsBank of Texas, N.A., • Dallas; NationsBank of Texas, N.A., Fort Worth; Texas Commerce Bank, N.A., Dallas. ' • • For your review, we have provided a copy of the core proposal received from First State 6ank. A number of their attachments were very lengthy and repetitious; therefore, we did not provide them in your backup. If you would like to review the entire proposal, we will be more than happy to make a copy available to you. • O • • 'Aenda No koendalwq City Council Report Format >Aff Bank Depository Proposal September 19, 1995 Page 2 PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: All departments of the City of Denton will be effected by the bank depository proposal. FISCAL IMPACT: The annual cost of the contract with First State Bank will be approximately $43,384. Respectfu y submitted: I Lloyfi V. Harrell City Manager Prepared by: i~~ z Harlan Jefferso' Director of Fisc I orations f Approved by: L: S L Kath e Executive Director of Finance • AFFOOF4F , ' • M.r rrrrsi^' • _ O ATTACHMENT A BAIAmRVIC8IANDPB8/ 4OWaNC A~end9019 t, FMST fMT6 MITITATE IGIR(_, A11i lD1l[ICATE CURR1M CVRIIBNT DFJCPATM OF SRVICB P"A FBBRBRUMT ANNUALM MMMUMT AWILALFBB DOWILIM C6 w............ r............ M....."Now Armor bl.lr.n..r 1 nano tL100A0 11n11 h.101.n IoA1 Bob" Ropt+o01aIrplrir I unto/ ILIIIAO 1131A0 71716n/ Iooo DwoW Tkift (r@db ply) I Zt170 IMA0 1670 st41.m 10A0 11100000 g000A0 JIM DopM (o W&W 4 am Mum am Cbrb POW (am p *4 S 10.11 84 AM /nit 14774n IOAO Min IN i - %Daubs AA as iLXOAO Ila /L= 1600 Mb Iwia1- Qysfy all stem ka" lion OU" WA/ Loll Pis PAW*" 7 110.001 KA0000 9" 11.1" 76m Cob drown Pw ibd I NOCHARM ma NOCHAWS IOA01 mm Dgak 7T FtWW I KID ft" 1611 111nn no Large Vrr7 Orb ow 10 NO CHAROB no NO CHARM an as Fseie Drnrrly tios so ff 11 1611 ft" n0A/ a" 0.10 L4 Dopl Soft U NO CHAIIOB WA HD CHARO6 an no Romord Hewn 19 NOCHARM /nm NOQIARM on no Cod ofConrrYmwpd 1/ NOCHAROH no NOCRARM as NO Cosa0a D`bwmom oft Cb7. 13 NO CHAROE om NDCHARM as ti so Zm BaLma Auores Doolhos 10 NO CHARM WA NOCHAPM no WA Rows las 17A 11.90 +0100.01 IUA 11.101m BOOM news Um - Rdrr 171 NO CHAROB MA NO CHARM an am Rows IWINS - T.slbor Adho 17C NO CHMM on NO CHAWS IOm ow FDIC Irwsw Ord a NOCHAROB m.01 NOCHAROB aeon an Iecrida Csrly a a"Wm u L70.n 1166" mm AA" an ' Dlna Dwmk CmkMe i Fats? 30 JOAn ILO" as ILYnm no odd Fw It 117en M.n n'Idtm Inm ..p.wop TOTAL R>1i171l01 1417NM UAna0 - - i i r I A z I/ S • a • F ATTACHMENT B FIRST STATE BANK OF TEXAS atirrrrrrta~ June 28, 1995 Mr. Harlan L. Jefferson Director of Fiscal Operations City of Denton-Department of Finance 215 E. McKinney Denton, TX 76201 Dear Harlan: Enclosed is First State Bank's bid for bank depository services for the City of Denton for 1995.1997. Please let me know if you have any questions or need additional information. We have enjoyed a good working relationship with the City for many years, and I believe L we are uniquely qualified to handle the needs of the City. As you know, we provide depository services for Denton County, Denton Independent School District, the University of North Texas, Texas Woman's University, Denton Central Appraisal District, Upper Trinity Water District, the Town of Flower Mound, and the City of Watauga. Because of our experience in the special needs related to public funds, we are able to offer the service and attention required by these entities. In addition, our size and number of locations enable us to handle the large voh.:,ne of transactions processed by these entities each day. It would be very difficult for a smaller institution to handle the influx of City employees on their paydays. We have five locations in Denton with approximately 40 tellers on duty. We also have branches in Garland and Watauga. Beginning July B, we will have a branch office in The Colony. For your added convenience, all of our processing is handled in Denton so that you may speak personally • to any individual who is assisting you with research or problem resolution. We appreciate your consideration of our bid and look forward to serving you in the future. Sincerely, Deborah B. Wilkinson Vice President and Controller P.O. Box 100 Denton, TX 76202 617.382-5421 • 0 • '{genQaNo ti4sndalse. IV. BANK QUESTIONNAIRE Ali The Bank is reques,ed to thoroughly answer the following questions. Additional pages may be appended if space is inadequate. 1. Flow i. the bank chartered? State chartered (Texas) 2. What percent of current loans are classified as non-performing? .1% 3. Does the Bank have any significant problems noted by regulatory agencies in the past twenty-four months? If "yes", please explain. No 4. Indicate the Bank's capital to assets ratio for the last five years. Capital fluctuations relate to 1994 6.83;1993 7.40; 1992 9.12; 1991 7.57; 1990 6.28 bank acquisitions 5. What was the Bank's 1994 return on assets (ROA)? beginning in 1993. 1.29: 6. Attach copies of the Bank's most recent FDIC (UPBRI call reports. V. ACCOUNT DESCRIPTIONS A. General ( The City intends to establish the following Bank accounts: Account Name Employees Claims Account Zero-Balance Account Operating Account Zero-Balance Account Sinking Account Zero-Balance Account Payroll Account Zero-Balance Account Industrial Development Authority Super Now Rehab Account Zero-Balance Account Concentration Account Super Now Insurance Account Zero-Balance Account Electric Distribution Account Zero-Balance Account C)ordie Account Super Now CDBG Account Zero-Balance Account Contractual Obligation Super Now Ray Roberts Lake Account Super Now Public Properties Super Now Security Account Super Now The City r•serves the right to open or close any number or type of accounts throughout the period if necessary although no changes are anticipated. • • C AAAWNC .3- • O • F , 4QendaNo ~gendaite C B. Services and Fees Mlle The services which should be made available to the City include but are not limited to the following: TOTAL FEE CHARGED/ ESTIMATED MONTHLY PER UNIT VOLUME CHARGE DESCRWMN OF SERVICE 1, 10.00 15 accounts 150.00 Account Maintenance 2. NIC 15 accounts .00 a) First original bank statement per account N/C 20/month .00 b) BaIaxe inquiries by phone 201mouth 125.00 0 Balance mportiag (daily computer reporting system which Beta provbus and current day balaxa, debits, credits, averages, and check presentments for all accounts) 3. .20 aamomh 16.00 Deposit tickets (credit pasting 4. 605 25.0001month 1,250.00 ]gems deposited (encoding S. • 11 3,200/month Checks Paid (debit posting) .11 1.700/month 187.00 a) payroll checks .11 1,500/month 165.00 b) Geti&W disbursement checks .11 50/mcoth 5.50 e) Other debit pasting 6. 60/mooth Wire services 5.00 201mootb 100.00 e) Incomingtnoefers 10.00 40/month b) Outgoing (exchWee activities in saskeepw aceoatty 10.00 25/month 250.00 1) Repetitive by oomputer 10.00 5/mouth 50.00 2) Repetitive by phone 10.00 51month 50.00 3) Fres-fnrta by computer 10.00 5/month 50.00 4) Fres-farm by phone • .10 IS/m06th 1.50 S) ACH traaafas (incoming) j 7. 15.00 5/month Stop payment request 15.00 3/month 45.00 a) Written request 15.00 2/mootb 30.00 b) Automated request by termini 1 • S. NIC 5 boxes of .00 Cain wrapper furnished type/ app: ox. $20 each coin month • • 9. per 200 351month 8.50 Deposit slips printed (vendor price) Aw,or$C -4- • agenda No 4gvdal,em TOTAL `PIP FEE CHAROED/ ESTIMATED MONTHLY PER UNIT VOLW.E CHARGE DESCRIPMN OF SERVICE 10. NIC 6 bap/year .00 Large vault cub begs 111 * 35 bap/year • 78 Plastic drawstring check bays 12. N/C Iibox .o0 Safe deposit boxes (10at0) 13, N /C _ 4 hrs./momh .00 Research hour 14. NIC 5300,000 on .00 Cat of collateral pledged by the average for 15 bank (qwm coo per million et:ceunm pledged) 15. N/A 1 account Controlled Disbursement service charge 16. NIC t account .00 Zero balance automatic traosfen 17. 2.50 5010ral 125.00 a) Return items N/C 120/month .00 b) Return items mleared N/C ?/month •00 c) Return item telephone advice !g. NIC 15 accounts .00 FDIC insuraws coat 19. Y/C 1 account • 00 Securities clearing and selbkosping NIC _ ----a o Q Maintenance charge 20.00 131month 260. D0 b) Receipts deposited 20.00 12/month 240.00 e) Receipts withdrawal 10.00 2/month 20.00 h coupon coca do" 00 $90 mwios 270.00 e) Sahkesping of asses, per receipt 25.00 E/mootb 200.00 ry Bookeotry security transfers via Fedantl Rowvs, per tnoeactiaa NIC I/year •00 p) An" confirmaboaa 20. Bi-weekly Few for direct deposit services for Myroll employes (900 employess, total payroll - :650,000) • 25.00** 2/month 50.00 a) Tape charge NIC .00 b) ACH settlement NIC .00 c) stop payment Orden AS /item 1,800 items 144.00 d) Credit/debit posting $40.00 minimum per transmission e) Other (list each specific charge) • • • * 8 x IO $21.49 per 100 10 x 13 26.78 per 100 tt,m $10 per modem transmission 1 • • r iI r'~ ~ i . I. Pi's; t „l:. • A • r .1 ',Gonda No 2l. List any other applicable bank charges: 49andallemr_.. Insufficient check charges $201 item Serial check sort $.02/item NOTE: Under a straight fee arrangement with the built, analysis charges would be debited to the control concentration account aad an analysis fee statement will be mailed to the City each month. Under a compensating balance method, all accounts would be tied to a train account and oollected balances would be maintained to offset service charges. Also me, that estimated volume above are projections based on current annual volumes. C. Automatic Payroll Deposit is a service the City offers its 900 employees. The bank would be required to produce bi-weekly payroll transfers from a magnetic tape furnished by the City in ACH format for transfer of funds directly to the employee bank, savings and loan, or credit union account. Please state the bank's procedure for this service and list appropriate cut-off times that would apply. The City's net payroll is approximately SM,000 each pay paw. State whether the bank would offer an•r type of special checking, money market, or loan account for the City' / employees. ` The tape must be received by the Bank before 2:00 p.m. two working days prior to payment date. Attached is information on special program for City employees. D. Does the bank offer any type of sweep account where excess city funds could be invested u a higher rate overnight than in a Super Now account arrangement? Does the bank have motley market funds consisting of treasuries, agencies, prime commercial papa, prkne domestic baniers acceptances and collateralized or insured certificate of deposit, that the City could utilize dady j as in investment alternative? If so, please explr.m the fund's parameters and interest earnings history or attach a separate prospectus. SuperNow accounts offer the highest overnight r.:te for insured accounts. Our Community Investment Center offers money market funds which are not FDIC insured but offer considerably hi¢her yields. See attached E. Other Services prospectus. • • • Please specify any other services avai,able to the City of Denton which may be thought to be beneficial or that may apply to the City. State all related fees. annm„c -6- • a • ~a~ adz ler~ F. PPaxmetx for Services The City intends to pay for all account services provided by the Bank u set fourth in Section V. B-E. ?3e method expected to be used for the payment of these services is the direct payment method. The Bank should debit ;be appropriate account on a monthly basis. The City will require an account analysis each month which will clearly show volume counts, fees charged, and total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rues and the amount of Interest paid or credited to the account. These fees are not subject to change for the length of this contract. Please submit a sample of the monthly account analysis statement that will be provided to the City of Denton. Safekeeping fees for the City's Investments shall also be set up on an account analysis and paid monthly. Please submit a sample of the safekeeping account analysis. See attached. G. Collected Funds Definition The City desires to receive same day credit for all funds deposited by 3:00 p.m. The funds should be investable for any investment transactions that can be executed. If mot invested, the funds should earn interest at the rate being paid for Super NOW accounts. Please attach proposed availability schedule. Use a separate attachment if necessary. See attached. H. Sulu NOW Rates Please provide a detailed explanation of the Bank's policy and methodology used in the sating of rates paid on Super NOW account,. Also, provide a schedule of all rata paid on Super NOW accounts since January 1, 1994. Specifically indicate if the rates are applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rate such as T-Bill discount or yield rate. If the Bank proposes to pay the City a different rate on its Super NOW accounts, indicate that proposal. See attached. VI. COLLATERAL REQUIREMENTS A. Securities Pled¢ed As security for the deposits of the City of Denton, the Bank shall pledge to the City securities equal to the largest total balances the City of Denton maintains in the Bank. Certificates of • deposit and other evidences of deposit shall be collateralized at 102% of market, for U.S. Treasury Bills, Notes, and Bonds with a remaining maturity of three years or less and at 102% of market for other securities. The securities so pledged, the amounts thereof and the time for pledging same must satisfy the requirements of Article 2560 Tex, Rev. Civ. State. Ann. The City will accept as collateral for its certificates of deposit and demand deposits only those securities identified by the Public Funds Investment Act as eligible investments. Additionally, • U. S. Treasury securities shall be the primary securities accepted as collateral. The maximum • • levels needing to be collateralized are estimated to be the maximum amounts fur the Super NOW 1 accounts and certificates of deposit estimated to be $3,000,000. AAA03M 7- r r Agehlda H o _ _ _ _ Anendaltelat.~- FIRST STATE BANK OF TEXAS Orate ATTACHMENT TO BID FOR CITY OF DENTON DEPOSITORY ACCOUNTS PAGE 7, F. SAFEKEEPING ANALYSIS: $,e0 per recslpl 25 receipts $ 15.00 5,003151,000 590,0001000 $ 270.00 $10.00 monthly payments 5 payments $ 50.00 $25.00 per purchase 2 purchases 3 50.00 Total safekeeping charges transferred to analysis SEE ATTACHED COPY OF SAMPLE ACCOUNT ANALYSIS 00 Fkel State Bank gtm same day ledger credit for al funds dspoetted by 3:00 p.m. Checks are paid from ledger balances. Interest on NOW socouMa Is computed on collected balances. Cotleced hands are coWated In aoconknes with the attached avallobilky schedule. For analysis purposes, IM mrAdW eamings asdk Is applied to average collected balances, less reserve mgL*emsnb. H. Super Now rates are formulated partiatly on the level of short-term interest Mes In general p.e., US Treasury Bills) and on rates paid by oompetllocs for drnAar products. Rates are revkwed dally and changed as appropriate. Interest b paid monthly on outstanding collected balances. The rate paid on Super Now accounts has been 2% since January 1, 1994. • r i r ` d A'yy q'tl n Y i R, AQ9l1~aNo_ These items constitute the only acceptable means of collateral izinVoi Ci 's deposits. The C securities must be held in safekeeping by the Federal Reserve Bank of Dal as o-r u $tird party financial institution pursuant to a safekeeping agreement signed by the Depository Bank and the City. Repurchase agreements are txx acceptable as collateral to the City of Denton. B. R rtin¢ Reoirements The Bank shall provide the City a report of securities pledged on a monthly basis or at any time requested by the City Manager, Executive Director of Finance, Director of Fiscal Operations, or a designated representative. This report should reflect the following information as of the end of each month and be delivered to the City by the 10th of each month. Total pledged securities itemized by: o Name o Type/Description/Cusip Number o Par Value o Current Market Value o Maturity Date o Moody's or Standard & Poors Rating (both, if available) C. Safekecroing Requirements The securities pledged shall be held In safekeeping by a separate and different Bank other than C the depository Bank, The original copy of all safekeeping receipts shall be filed with the Director of Fiscal Operations of the City of Denton. The City will reimburse the depository Bank for any safekeeping charges, if any. Specify the safekeeping charges that will apply: None The City, Depository Bank, and the Safekeeping Bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The safekeeping agreement must clearly state that the Safekeeping Bank is instructed to release the collateral securities to the City if the City has determined that the Depositoryy Bank has failed to pay on any accounts, or is in default of this agreement, or the City has determined that the City's funds are in jeopardy for whatever reason including involuntary closure or change of ownership, and if the Instructions for release have been formally requested by the City Council by ordinance or resolution. A copy of the safekeeping agreement and the name of the safekeeping bank to be used in the event you are awarded the Bank Depository Agreement must be submitted with the proposal. • C AAAW= g 6 64 • to • r. Apl3ndaNo_ D. Collateral Substitutions Cate Any substitutions of the securities or reductions in the total amount pledged may be made only by and with proper written authorization approved by the City Marhager, the Executive Director of Finance, Director of Fiscal Operations, or his designated representative. In the can of a reduction, the Bank must provide in writing that collateral will be available when needed to men normal City balance increases throughout the year. The City must approve all securities pledged. Any state or local government bonds pledged must have a rating of at least A or AI or better by Moody's Investor Services or Standard dr Poors Corporatiun. E. Maximum Amount Offered Please state the maximum amount, if any, of pledged securities which the Bank L. willing or able to commit for collateralized Super NOW accounts throughout the contract period above the $500,000 minimum requirement. S None F. City to Handle Investruy The City of Denton will be responsible for handling the investment bidding process. The Depository Bank, along with any eligible financial institution shall be included in the bidding process as deemed appropriate and in accordance with the City's investment policies. G. Safekeepin¢/Wire Services C The third-party safekeeping bank must be a subscriber to the Federal Security Wire System. In addition to the safekeeping account in which pledged collateral is held, the City must have access to a safekeeping account to which Federal securities can be delivered via the Federal Reserve bock entry system for a customer account. W Interest Rates Paid - Certificates of Deposit The City may choose to invest in certificates of deposit in the depository Bank or any other eligible financial institution. The depository Bank agrees to accept time deposits from the City for investment purposes in the form of certificates of deposits in varying amounts and maturities at rates determined by the depository's competitive bid as submitted in accordance with periodic competitive bid solicitations conducted by the City. What is the shortest maturity length in days that the Bank will accept for certificates of deposit O in amounts of 5100,000 or greater? 7 1. rnLfrgst Rate Calculations Interest on all cerificates of deposit shall be computed on an actual day basis (365), and the interest will be paid to the City on the maturity date. Interest calculations will include the first day in the investment period but will not include the day of rnatucity. Payment will be made by • crediting the Bank account. AAAM23C -9- • • { ienQa No VII. OVERDRAFTS ~t Qa tem,,~_.,, C A. Definiflo Tae City does not intend to have a met overdraft position throughout the course of the contract. An overdraft Is defined as a negative demand balance in the City accounts collectively, not by individual account. B. Ilm Should an overdraft occur in the aggregate, the following stipulation shall apply: 1 The maximum number of days the overdraft will be allowed is 3 2. The maximum amount of the net overdraft to be allowed will be S too.On 3. The interest rate charged for overdrafts will be _Arime rate per annum computed on an actual day basis. VIII. OTHER STIPULATIONS A. Regulation Notices C The Bank will notify the City in writing within ten (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The Bank shall also notify the City of any new services that become available to the City throughout the COUtrad period. B. Wire Transfers Notification of wire transfers shall be made within one hour of the transaction and a duplicate copy furnished to the City within twenty-four hours. C. Account Balances The Bank shall have a means of contacting the City prior to 9:00 am each business day to give the ending ledger balances for all accounts from the previous working day. D. Bank Statements Bank Statements shall be rendered withito~im%working days after the close of the calendar month. The statement must include deposits made on the last day of the month. Tae accompanying checks must be arranged in numerical order. • p 1 A~aNo _ - Agenda! teml.----.-- E. Right to Audit Records Dale - The Bank's retards relating to the City of Denton accounts shall be open to review by either City staff members or City-appointed Independent auditors during normal business bouts. F. Financial Renoru Ile Bank will submit a copy of the last audited annual financial statements and the subsequent quarterly supplements along with an annual year end uniform Bank Performance Report. 0, Term of the Agreement The term of the contract period in Exhibit A will be for two years beginning October 1, 1995 and ending September 30. 1997. H. The Bank agrees to bonor and continue any investments made during the terra of the depository contract that will mature after the expiration date of the depository agreement at the same rate established before the expiration of the contract. The investment extension period well not exceed ninety days. 1. Rmk Failure Should the Bank fail, dose, or be forced into reorganization during the term of this contract, City C reserves the right to cancel the coam-t and rebid for City's depository services. IX. PROPOSAL INSTRUCTIONS A. Date. Time. Location Sealed ptoposals dearly marked 'Proposal for Bank Depository Agreement' should be delivered to the Purchasing Division located at the City's Service Center, no later than 2:00 p.m., June 29, 1995 tc the attention of: Tom Shaw • Purchasing Agent 901-B Texas Street j Denton, TX 76201 1j NO PROPOSAL WILL BE RECEIVED AFTER 2:00 P.M. BIDS NEW TO BE R8 UMM IN DOPLIGTS -11- • - - - 0 1 i ~~~C,, .~."9. jyi'd'"'~.~, • O Agenda No B. Response to the Bj9 Q3lE C The proposing Bank should use this Bid form to submit rates and to answer questions wherever possible. However, any point that the Bank cannot agree with should be dearly noted wits attachments which explain this disagreement. Please reference the season and paragraph in these cases. Also, please clearly restate the question when supplying answers on any supplemental pages. C. Additional Information The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation. D. $jghtto Reiect Bids The City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. Periodic Review The City of Denton shall require a review meeting at least once every six months to evaluate the working relationship between the City and the depository Bank. The objective will be to address C. any problems and to seek a responsible solution. More frequent meetings may be called if necessary. B.tv Council Action i The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bid Adv rtisement This Bid will be duly advertised and is being offered for consideration to all financial institutions inside the corporate limits of the City of Denton, as permitted by state laws. D. Designation of lndividual.1 Upon being awarded the contract, the depository bank shall designate, in writing, an individual to be the official contact person for all correspondence. The City of Denton shall do the same. The Depository Bank shall be responsible for training and communicating the terms of this contract to Bank employees. , AAAW= -12- • I ~ i t gpenda Np Agendaltea,_....._ XI. SUBMISSION CHECK Oate _ A. 'Bid' with fill-in-the-blank format B. Simple bank statement C. Availability of funds schedule D. Money Market Fund prospectus if applicable E. Sample momMy collateral report F. Sample safekeeping agreement with the Federal Reserve Bank for collateral G. Sample safekeeping agreement with the Depository Bank for the City's investment securities H. Sample conL-olled disbursement agreement Not applicable 1' Sample wire agreement J. Sample stop payment agreement K. Sample account analysis statement L. Annual financial statement of the bank along with the last two quarterly FDIC call reports C. ~I AAA07.W -13- r • ~ Yr r6 ^ ti~ - t !'p tNfr L'~r..?J~t"k`~~`~4i✓^X~'^,~~,''~~~y•~~7x t•J"fit 'ice a~a~ r • • TEL No.8173812804 Sep 8.95 14:53 No.010 P.01 Peet-lt' Far Note 7ti7t o aio.oc wor» 12 FIRST STATE BANK OF TEXAS 9 ~attaa>• Saptctnber R i 993 f i Mr. Huhn )cfferson Diroetor of rural O-ntiau City of Domtnn-Dcp mment dFinance 215 E. McKianc)' Deatom, TX 76201 Dear Harlan! This lottsr will K ve u in addendum to First Sure Bank's bid for bank depositary aewioes tot tlro Cit9 of Deacon for 1993.1997. The prim for uaao=W Haas drpositod wiU be 5.05 per keta Should the City boon to enoodc t1Klr own hour, the prke for a xo" Items depoahad will be 5.02 per item, As we have diseusw& this bow prim cannot be implem wod vW1 all depwis made by the City ate pro4ew od. W me kww if you mend fertber inromoian. 1 Sinmraly, I{ Dabmb D. Wilkinson Vic Prestdeor and Controller 1 J r%--Mw TV 1C4A0 • 047A00).Sa01 rN ~w 14 0 0 DENTON oacao0000 qooo 000 ~ N ~~pp p00`,~ ~o pD ~CJ p o Q 4 Oppc~'~ ~.r OO~ OpOO r ~ N , e X00 °Uaa~~oUao°° c CITY COUNCIL . • 0 • r AW6 MUMICIPAL BOLDING DENTON, TEXAS 76201 • TELEPHONE (817) 56.8307 crrr or aENroN, rFxAs Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 14, 1995 J SUBJECT: ORDINANCE TO APPROVE TRANSFER OF CABLE TELEVISION FRANCHISE { FROM SAMMONS COMMUNICATIONS, INC. TO MARCUS CABLE ASSOCIATES, L.P. (SECOND READING). RECOMMENDATION- Staff recommends approval. SUMMARY: On September 12, 1995, Council approved ordinance on first reading. Prior to approval, language was deleted from both the ordinance and the letter of agreement which would have made revenues which Marcus might earn in the future from provision of telecommunications services subject to the terms of the franchise agreement. After approval on second reading, ordinance becomes effective after a 21-day period. 1 BACKGROUND. 1 The current franchise agreement with Samrn ros became effective in November of 1988 and is a 15-year agreement. Sammons is selling their North'fexas cable systems, including the one that serves Denton, • to Marcus Cable of Dallas. Sammons has requested that the City transfer the existing franchise to Marcus, and has submitted the required FCC form. The City bas eviwited the prospective franchisx on legal, technical and financial grounds, To assist in this eruter, ur, the City joined with approximately 17 other cities in Nottlr Texas which are curremly j served by Sammons and retained the law firm of Varnum, Rlddering. Schmidt, & Howlett. They, in turn, asked the firm of KPA Services, Inc. to investigate the financial condition of Marcus. , Reports from both he legal and financial consultants were positive. "DediraredtoQualiry Senice" • O 'a ` , • r City Council Report QeodaNO CATV Franchise Page 2 oendalf 16 PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: City Council, Cable Television Advisory Board, Cable TV division, cable television subscribers. FISCAL IMPAM None. Please advise if 1 can provide additional information. RESPECTFULLY SUBMITTED: Prepared by: Loyd . Harrell City Manager . Rich FmW Public Information Officer Approved: aeph gsl Assistant to the City Manager Attachment: Ordinance and Letter of Agreement WP • AAA03AA7 I .a art. 1. ,1' n 22 3 • 4s • ZA"PDQCS\CPD\MMCUS CTV 4R~ntla'Ism~ r'`';F - - ORDINANCE NO. AN ORDINANCF AMENDING ORDINANCE NO. 88-189, WHICH GRANTED A FRAN- CHISE TO SAMMONS COMMUNICATIONS, INC. TO RECONSTRUCT, OPPRATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS; CONSENTING TO THE ASSIGNMENT AND TRANSFER OF THAT FRANCHISE FROM SAMMONS COMMUNICATIONS, INC. TO MARCUS CABLE ASSOCIATES, L.P. IN ACCORDANCE WITH THE TERMS AND rONDITIONS OF THIS ORDINANCE; APPROVING AN ACCEPTANCE AGREEMENT; PROVIDING FOR LIQUIDATED DAMAGES NOT TO EXCEED $4,000 FOR FAILURE TO MEET CUSTOMER SERVICE STAN- DARDS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sammons Communications, Inc. ("Sammons") currently holds a cable television franchise pursuant to Ordinance No. 88- 189, passed by the City Council on November 15, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton (collectively the "Franchise"); and WHEREAS, Sammons, as seller, on April 5, 1995 entered into an Asset Purchase Agreement to sell its assets and to assign and transfer all its intereaL in the above-mentioned Franchise and its cable system in the City to Marcus Cable Associates, L.P. ("Marcus"); and WHEREAS, Marcus and Sammons submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer and submitted additional information and documents relating to the transaction and its effect on the provision of cable television 1I service within the City in response to requests of the City; and WHEREAS, in accordance with Section 8-62 of the Code of Ordinances, Sammons has notified the City of the proposed sale and transfer of the Franchise to Marcus, and the City has joined with • a number of other cities in the Dallas/Fort Worth region served by Sammons to hire the law firm of Varnum, Riddering, Schmidt & Howlett, L.L.P. to examine and evaluate the transfer and to represent the cities in negotiations with Marcus and Sammons regarding the transfer, and to perform other duties with regard thereto; and • WHEREAS, the City Council, relying on the consultant's recommendation, in accordance with Section B-62 of the Code of • • ordinances and applicable Federal Communication Commission (*FCC") regulations, has exAmined Marcus' financial capability, legal qualifications, general character qualifications, and its technical ability to meet community needs for cable television services and to comply with all the provisions of the Franchise, the current Pole Lease and Cable Duct Use Agreements, the conditions imposed by this ordinance, and with all applicable local, state, and federal laws and regulations; and • 0 • a • WHEREAS, Marcus has agreed to certain amendments of the existing Franchise and to cure various failures to perform certain portions of the Franchise by Sammons and to alleviate any concerns the City may have about Marcus' qualifications or its ability to comply with all the obligations of the existing Franchise, the cable television ordinance, and other applicable laws- and WHEREAS, the City Council, upon recommendati(.,n of the Ci-y Manager and after reviewing the evaluation of Marcus by the consul- tant, feels that Marcus meets the technical ability, financial capability and legal and general character qualification criteria established by the FCC and the Denton City Council; and WHEREAS, subject to Marcus' acceptance of the terms and conditions set forth herein, the City Council believes that it is in the best interest and consistert with the public necessity and convenience of the City that the transfer and assignment of the cable television Franchise from Sammons to Marcus be approved and that Ordinance No. 88-189 be amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby consents to and approves the transfer and assignment of the Franchise which is attached hereto and incorporated herein by reference as Exhibit "A" from Sammons to Marcus for the remaining term of such Franchise, subject to the following terms and conditions and the terms and conditions of the Franchise: A) Execution by Marcus of the Acceptance of the Terms and Conditions to Transfer the Denton Cable Television System and Franchise ("Acceptance Agreement"), including, without limitation, the agreement to pay liquidated damages not to exceed $4,000 for failure to comply with customer service standards in accordance with Section D1(1) of the Acceptance Agreement, which is attached as Exhibit "B" and incorporated by reference herein, including, without limitation, the following conditions: • (1) Marcus will promptly, but no later than twelve months from the effective date of this ordinance, provide the capability for insertion of video programming and other video, voice, and data messages into the cable system at the points in the City in accordance with the terms required under Section Iv(b)(6) of the Franchise, and will comply completely with the above section of the • franchise. • (2) Marcus will allocate one of the five access channels provided under Section XXiI(a) of the Franchise to the Denton Independent School District when the District is ready to use and access the channel. PAGE 2 • Q • w 4yer~a;te+a, (3) Upon request of the city, Marcus will collect from subscribers and pay to the City a monthly amount of no more than fiftv cents ($0.50) for each subscriber within the City limits to assist in financing local access activities. Such charge shall be set out as a separate line item on all subscriber bills and shall not be deemed a payment for basic service, but a pass-through of an access and government programming fee. The charge will not be part of gross revenue for purposes of calculating the franchise fee. (4) Marcus shall agree to comply with all the terms and conditions of that certain CATV Pole Lease Agreement between the City and Golden Triangle Communications ("Pole Lease Agreement") dated the 7th day of May, 1979, and that certain Cable Duct Use Agreement Between the City of Denton, Tex.s and Sammons Communicationu, Inc. executed on or about April, 1988, which are attached to this ordinance as Exhibits "C" and "D" and made a part hereof for all purposes. B) Execution by Marcus Cable operating Company, L.P., Marcus Cable Company, L.P.; and Marcus Cable Property, L.P. of an Accep- tance Agreement in the form attached as Exhibit "B" unconditionally guaranteeing Marcus' performance of the obligations of the Franchise and the Acceptance Agreement. SECTION II. Marcus may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the cable television system and Franchise, to any lender providing financing to Marcus. Any assignment or transfer by a lender or as a result of a foreclosure will require the City's consent as provided in the Franchise. SECTION 111. That the City Council hereby consents to and approves the transfer and assignment of all of Sammons' right, title, and interest in and to those certain Pole Lease and Cable • Duct Use Agreements, attached hereto and incorporated herein as Exhibits "C" and "D" to Marcus, for the remaining term of said agreements, subject to Marcus agreeing to comply with all the terms and conditions contained therein. SECTION IV. That there is no waiver by the City of any breach, default, or violation of the terms, covenants, or condi- tions hereof to be performed, kept, itnd observed by Sammons or • • Marcus. Nothing contained herein shall be construed to be or act as a waiver of any subsequent default on any such terms, covenants, and conditions of the Franchise, the attached Acceptance Agreement, the attached Pole Lease and Cable Duct Use Agreements, or the terms and conditions of this ordinance. PAGE 3 • 0 • 0 • SECTS V. That to the extent that this ordinance or the attached Acceptance Agreement modifies any of the terms and conditions of Ordinance No. 88-189, as amended, or Chapter 8 of the Code of Ordinances, Ordinance No. 88-189 and Chapter 8 of the Code of Ordinances are hereby amended. Save and except as amended hereby, the remaining sections, sentences, and paragraphs of Ordinance No. 88-189 and Chapter 8 of the Code of Ordinances shall remain in full force and effect. Any existing Franchise term, any section of Chapter 8 of the Code of Ordinance, or any section of the City Charter limiting Marcus from engaging in telecommunication services shall remain in full force and effect and, if allowable under this franchise, all revenues from telecommunication services shall be considered part of gross revenues on which franchise fees are calculated. SECTION VI. That in accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one days after final approval, if, after that date, Marcus shall give its written acceptance of this ordinance by signing as provided below; and provided that, after final approval and before the expiration of twenty-one days, the full text of this ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, the entire expense of which shall be borne by Marcus. The City Secretary q hereby directed to publish the full text of this ordinance in such official newspaper of the City once each week for two consecutive weeks immediately following the passage of this ordinance on second reading. SECTION VII. That this ordinance shall be in full force and effect at the time provided by law from and after its passage and written acceptance by Marcus; provided however, that this ordinance shall expire on March 31, 1996, and shall be of no further force and effect if the transactions described in the Asset Purchase Agreement between Sammons and Marcus have not been closed by that date or if Marcus fails to accept this ordinance. SECTION VIII. Marcus and Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P. and Marcus Cable Properties, L.P. • for themselves, their successors and assigns, hereby accepts this ordinance including the attached exhibits and agrees to be bound by all of its terms and conditions and will execute the paragraph entitled "Acceptance" on page five of this ordinance. , P SED AND APPROVED at its first reading this the 42!!~Iday of / 1995. • • • PASSED AND APPROVED at its second reading this tho day of 1995. BOB CASTLEBERRY, MAYOR PAGE 4 • r a Agee W Aavdal teml,-_.--_.----- Date ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PR OUTY, TY ATTORNEY BY: . CCC//f ACCEPTANCE: By the signature hereunder, Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., Marcus Cable Associates, L.P. and Marcus Cable Operating Company, L.P., the transferee and grantee, hereby represent that the officers signing below are fully authorized to bind Marcus and Marcus Cable Properties, Inc., and their signatures hereon constitutes an acceptance and Marcus' and Marcus Cable Properties, Inc.'s agreement to fully comply and abide by the terms and conditions of this ordinance, Ordinance No. 88-189 as amended hereby, the attached Acceptance Agreement and Pole Lease Agreement, the provisions of Chapter 8 of the Code of ordinances of the City of Denton, Article XIII "Franchises' of the City Charter, and all other applicable laws and regulations. i MARCUS CABLE ASSOCIATES, L.P. I BY: Title: Date of Execution: MARCUS CABLE OPERATING COMPANY, L.P. • BY: Title: Date Of Execution: MARCUS CABLE COMPANY, L.P. , BY: Title: Date Of Execution: PAGE 5 • A • A g c n d s I i e ei ~.---r- Gale_ MARCUS CABLE PROPERTIES, L.P. BY: Title: Date Of Execution: i • '0j PAGE 6 • . . - • _ ` kx~ ) sy p•. yea, "~S' i 00 1 t~ k~4~sP ryMN,~~y1;S, [ • O • 4g~~'aNo, 4~ya+C 11L10' I~~k~~~ STATE OF TEXAS ¢ COUNTY OF DENTON ACCEPTANCE BY MARCUS OF TERMS AND CONDITIONS TO TRANSFER OF THE CITY OF DENTON, TEXAS CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") Marcus Cable Associates, L.P. ("Marcus") makes the following agreement for the purpose of accepting Ordinance No. 95- of the City of Denton, Texas ("City") consenting to the transfer of the franchise granted by Ordinance No. 8-189, as amended from Sammons Communications, Inc./Sammons of Fort Worth to Marcus Cable A sociates, L.P. Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L. P. join this Agreement for the purpose of guaranteeing Marcus' performance of the Franchise and this Agreement. A. The promises, covenants, and conditions contained herein inure to the benefit of :he City and are binding on Marcus. B. Marcus acknowledges that the transactions described in the Asset Purchase Agreement dated as of April 5, 1995, between Marcus Cable Associates, L.P. as buyer and Sammons Communications, Inc., Sammons of Fort Worth, and other enWa as seller (col- lectively "Sammons"), and the transfer of the franchise granted by Ordinance No. 88-189 (the "Ordinance" or "Franchise') pursuant thereto are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations of the Grantee provided for therein, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. C. Marcus ack-wwlodges that the City has consented to the transaction in reliance • upon the representations, documents and information provided by Marcus and Sammons, all of which are incorporated herein by reference. D. Customer Service. 1. Manus will comply with the customer service rules of the FCC as • presently in effect, 47 CFR 1 76.309. Marcus's compliance shall be measured and enforced as follows: A. For the purpose of such rules "normal business hours" therein are deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1:00 PM. • • Agenda No _ Ag n d a l t etm~ w b. Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under 1 76.309(c)(U) or analogous provisions of such rules. C. Within 20 business days of N close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus's performance as compared to such standards, inchuhng in particular as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. d. Such reports shall show and use the telephone calls originating from within the City if that information is readily available from the system, and as to installations, service interruptions, appoint- ment windows, refunds, credits and the like shaU show and use data only for rubscriben in the City. e. Such reports shall abow Marcus's performance inchndin3 and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during the reporting period in question, they shall also descn'be the nature and extent of such conditions. f. Marcus acknowledges that noncompliance with customer servio standards will hum subscribers and the City and that do extent of hum will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non- compliance with the preceding customer service standards as follows: The FCC Ruin currently state as to f 76.309(cXIXU) • and (iv); and f 76.309(cx2xi), (ii), (iii) and (iv) (collectively "quarterly customer service standards') that the standards ad forth there in 'shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." 0) liquidated darrageo may be assessed if Mum don not 1 • meet the ninety (90) percent standard for a given subsection (for example, 176.309 (cx2XU)) of the quarterly customer • • service standards in a given calendar quarter as follows. First Second Third and subsequent Noncompliance Noncompliance Noooompliaax Page 2 • a • c')da N0 , 0 $2.000 $ 4,000 (ii) The City may collect liquidated damages from any bond, letter of credit, or security fund furnished under the Franchise. 2. In the event of a change in 47 CFR 176,309 thu makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to mat with Manus on any proposed clartgr s prior to taking action on them, and to provide Marcus with at least 60 days notice of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR ¢ 76.309 as in effect in July, 1995 and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatme-ot or otherwise. 3. Marcus acknowledges thst under applicable law the City may unilaktally establish and enforce reasonable customer service regulations that excyd or are not addressed by the standards established by the FCC or the standards currently established by the Franchise 4. Manes will provide at minimum the same quality of w comer service that Simmons is cur,-ontly providing, but in all evaU no leas thin the quality of service required by the Franchise, Chapter 8 'Cable Televislon' of the Code of Ordinances of the City of Denton, and any other applicable City ordinance and applicable FCC regulations. As evidence of and to assist in compliance with such commitment, Sammons sad Matsu agree as follows: a. On an arm W basis Marcus will provide the City with historical • expenditue information and staffing levets on customer arvice related matters; the customer service standards currently used; its materials, if any, on same as used by its c u = e rvice representatives; and its procedures and forms used to measure compliance with applicable customer service standards. • b. Marcus will provide su:h other information as the City rem-.ably , requests relating to customer service matters, • • 1 E. Signal Quality. The following shall apply to Maras' implementation of and compliance with the rules and reguladons relating to cable television technical atanda ds for Page 3 • Q • a~~'~Gc IC iI signal quality adopted by the FCC in MM Dockets 91-169 and 85-38 on February 13, 1992 and subsequent amendments thereto: f 1. A11 testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in able television matters. 2. Upon request, Marcus shall provide the City with the written report of such testing. 3. Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Mama' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All mutters not resolved at that step shall be referred to the FCC for it to resolve. 4. Marcus shall annually notify its subscribers of the preceding. 5. Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by City where there are apparent problems and provide City with the written report of such truing. If the test shows a non-compliance with such standards, Mutsu will bring the system into compliance with such standards within 180 days. F. Prior defaults. Marcus agrees on behalf of itself and its &Mliata that it will mot contend directly or ?ndirectly that any defaults or failure, to comply Witt the franchise or other ratters set forth in 47 USC J 546(cxl)(A) (Communications Act of 19°.4, Section 626(cXIXA)) (collectively "defaults") by Summons occurring prior to the transfer to Marcos are waived, including but not limited to the following: I, The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. 2. The ability of the City to enforce in the future any Franchise terms which ay not have been enforced in the past. Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with , • • any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. Page 4 • 0 • The City confirms that it has informed Marcus of al; defaults or other instances of noncompliance with the Franchise of which the City Administrator primarily rsponsible for cable television matters is aware as of die date hereof (without, however, having conducted any financial or other audit of performance or compliance). G. VAlididy of Franchise. Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, Chapter 8 "Cable Television" of the Code of Ordinances, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that an, provisioa of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful ur unenforceable. The City acknowledges that the Franchise is in full forte and effect. H. SeryMc and F u'pmen t for Public Facilit:+M 1. Maraca will continue to provide the same installation and service without charge to public facilities as Simmons is providing at the present time, but in all events mo less than is required by the Franchise, Chapter 8 "Cable Television" of the Code of Ordinances, or any other applicable city ordinance. 2. In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Fort Worth area. 3. If any service or equipment for public facilities provided pursuant w subsections (1) and (2) above exceeds the requirements of the Franchije, Chapter 8 "Cable Television" of the Code of Ordinances, or other applicable city ordinance, Marcus will not pass through the costs as so- called "external costa" or as new franchis,: requirements, except that Marcus may pass through the cost of such services trader subsection (b) above that exceeds the requirements of the franchise or other applicable city ordinance to the extent that ant exceeds $5,000 per year in Fort • Worth, w',500 per year in Denton or $S00 pet year it. each other community. 1. EEO Matters. • 1. Marcus agrees to set goals for contracts to be entered with qualified Denton minorities, women and other residents to provide goods, • • equipment and services to Marcus. 2. Maraca agrees to set goals tot jobs (including supervisory and midman- agemeot positions) to be crude available by Maras to qualified Denton Page 5 • 0 • minorities, women and residents. To this end, Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations pertaining to nondiscrimination, equal employment and affirmative action. 3. During the term hereof, Marcus agrees to share information developed in paragraphs (1) and (2) above upon request of the City. Maraca will furnish the City with the foregoing goals and its Wncept proposals for mating them within 120 days after the transfer. Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules aced regulations relating to nondiscrimination, equal employment and affirmative action. 1. Access to Records. Ille records and reports of the franchise grantee which are to be submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shaU include records maintained by Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, Chapter g "Cable Television' of the Code of Ordinances, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. K. 1. Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such an entity. No such arrangements or uses are presently in existence except as have been disclosed. 'Telecommunica- tions entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Commission (such as under the Communica- tions Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agree=w. 2. Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its faci ities (other than towers) available to others for that purpose. "Telecommunications • services' means conventional telephone service, such as switched local ' • • exchange service; said non-switched services, such as alternative access J service which connect user locations and connect users to long distance companies. Previtled, Page 6 • 0 i p • y6rd3fJD_- If~tli seliviiiies "d, if ONOWOW, le 3. Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. L. Transaction Tm giareru to Rates. Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers through cost pass-through as so-called "external costs" or as new franchise requirements and the consent process, action, and this agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner, except as otherwise provided herein. M. Other Matters, 1. In the event of any conflict between the terms of this Acceptance Agreement and the Franc hise, Chapter 8 of the Code of Ordinancea, the City Charter, or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. 2. Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this Acceptance Agreement. i 3, If the transfer of the Franchise to Marcus Cable Associates, L.P., is not completed on or before March 31, 1996, then at the City's option prior i to the transfer occurring, this agreement and the City's consent to transfer shall become null and void. Such option may be exercised prior to the • transfer occurring by the City giving written notice to Marcus and Sammons at the addresses designated in the Asset Purchase Agreement dated as of April S, 1995. 4. Marcus will cause the City to be reimbursed, by Sammons of otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys, including • the City Attorney. Such reimbursement shall not exceed the aggregate • • amount of $125,000 plus publication costs for the City and the other municipalities which have acted with the City in connection with the consent process. Page T 0 O • 0 Apondaho___~ r Dd7 L _ 5. The term "affiliate" means any individual, partnership, association, joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. 6. Venue of any suit under or arising out of this Agreement shall be exclusively in Denton County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construcd in accordance with the lams of the State of Texas. N. Section 8-62(i) of the Gble Television Ordinance, No. 188-192, provide: that 'any negotiated sale value which the Council determines will cause a significant affect on subscriber rates in order to finance the purchase may result in a denial of transfer.' The City will not deny approval of the transfer on the basis of this provision, but the parties agree that the provision may be interpreted to permit the City to deny future rate increases that am based upon sale price. Marcus reserves the right to contest the enforceability of the provision as so interpreted. 0. gther Provisiom. A. Marcus will promptly, but no later than twelve months from the effective date of the ordinance approving the transfer and assignment of the Franchise to Marcus, provide the capability for insertion of video programming and other video, voice and data messages Into the cable system at the points in the City required under Section VI (bx6) of the Franchise (this his been done only at the Municipal Building thus far) and j will comply in all respects with dot section of the Franchise. b. Marcus will allocate one of the five areas channels provided under Section XXII (a) of the Franchise to the Denton Independent School District when the District is ready to use an access channel. • c. Upon request of the City Marcus will collect from subscribers snd pay to the City a monthly amount of no more than $.SO for each subscriber within the City limits for the purpose of assisting in financing local axes activities. Such charge shall be set out as a separate line item on the subscriber's bill and shall not be deemed a psymert for basic service but • a pass-through of in access aid government programming fee. The charge will not be part of revenue for purposes of calculating the franchise • • fee. Marcus will remit the money to the City monthly. Page 8 t - sls . AQe~daNo - Agaada'ttrrt.~--~--- Ibis d. Marcus accepts and agrees to perform the obligations of the CATV Pole Lease Agreement of 1979 between the City and Golden Triangle Communications and of the Cable Duct Use Agreement Between the City and Sammons Communications, Inc. executed on or about April, 1988. P. Marcus has informed the City's financial consultant, KFA Services, of the terms of commitments it has received from equity investors and lenders for financing its acquisition of the Sammons systems. KFA Services' report of August 4, 1995, is based in part on this information. Marcus acknowledges that the City is relying on that report in acting on the application for approval of the transfer. Marcus agrees to inform the City's financial consultant of aW material ddYereaees between its final financing arrangements and those disclosed in the ` approval process. Marco further agrees that the City may withdraw its approval and reconsider the application if any such differences would have a material adverse effect on Mmcua or the subscribers. Q. In accordance with the letter exemned by Richard A. B. Gleimer and Peter Armstrong dated August 16, 1995, a copy of which is attached hereto and Incorporated herein. by execution of this Aooeptaoce Agreement, Marcus extends the 120 day period to October 1, 1995 and agrees to all the terms and conditions of the attached letter. Marco Cable Associates, L.P. Dated: i i 1 Marcus Cable Operating Company. L.P., Maraca Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of the Franchise and of this Acceptance Agreement by Marcus Cable Associates, L.P. • Marcus Cable Operaatin~g/~j Cbqmig, L.P. Dated: By:~~ Marcus Cable Company, L P. • " I • • Dazed: By: yr~~ A Page 9 r f O f AgcrdaItelN,.__,__ Date Marcus Cable Properties, L.P Dated: 13y: _ lei ► i • • f f RAW?DocfWrururmr.Crv Page to ~ ~ q c',ti ~~3 of t~Ms• 41 s}~~ 21 e a e ~;erlQaNo. CITYof DENTON, TEXAS MUNICIPAL BI/ILD14G / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 Office of City Attorney September 14, 1995 VIA FacsrKILB (214) 526-2154 Joseph Camicia Director of Corporate Government Relations Marcus Cable 2911 Turtle Creek Blvd., Suite 1300 Dallas, TX 75219 Richard Gleiner Legal Department Marcus Cable 2911 Turtle Creek Blvd., Suite 1300 Dallas, TX 75219 Re: Transfer of Cable Franchise to Marcus Gentlemen: This letter is to confirm the understanding that was reached between Richard Foster and Mr. Camicia Tuesday after the City Council's approval of the first reading of the ordinance approving the transfer of the current Denton cable television franchise from Sammons Communications, Inc. ("Sammons") to Marcus Cable Associ- ates, L.L.P. ("Marcus"). 1. With respect to Section K "Franchise Requirement" of the Acceptance Agreement which has been executed by Marcus. Marcus understands and agrees that it is the position of the City of Denton ("City") that the Denton cable television franchise which is being transferred from Sammons to Marcus, which includes Chapter 8 of the Code of ordinances and applicable provisions of the Denton City Charter, prohibits Marcus from engaging in telecommunications activities. Marcus agrees that it will apply for a telecommunications franchise before engaging in telecommunications services, as that term is defined in Section K.2. of the Acceptance Agreement. e 2. If, at the time Marcus commences to provide telecommunications 0 services within the City or makes its facilities (other than towers) available to others for that purpose, applicable law allows Marcus to engage in telecommunications services under the existing cable television franchise, Marcus agrees that 'Dedicated to Quality Svvke r • ~4geodahto~ Joseph Camicia A9C~dol(9f _ _ Peter Gleiner September 14, 1995 Page 2 all revenues from telecommunications activities shall be considered part of the gross revenues on which franchise fees are calculated, and that it shall pay the same franchise fee provided by the cable television franchise on telecommunica- tion activities as it pays on cable television activities and services. 3. Nothing herein shall relieve Marcus of its obligations under Section K or any other provision of the Acceptance Agreement, and Marcus shall still provide the City with the sixty day notice as required in Section K. If you are in agreement, I request that each of you sign a copy of this letter and return it to me by facsimile. if you have any problems with the wording of this letter or request changes in the wording hereof, please contact me at (917) 383-7799. Sincerely, Herbert L. Prou City Attorney { HLP:sf pc: Lloyd V. Harrell, City Manager Richard Foster, Public Information Officer Agreed: • BY: Josep Cam c a, D rector o Corporate Government Relations BY: Richard G e ner, Genera Counse l: 18YDOC8\CCR\'SR1188►.ilq ~1 r S~ J Z 1 t ~~~i ~ 1^ ~~•'r+~ • I Ga • C DENTON o00apM ONO OF D oo°~ o ~o D v ~ 4 o °o { 4 p O ~Oti D r Od ° N It ~ oOQO Vooaaaooo e CITY COUNCIL ~ • • a • A • APIN No CITY COUNCIL REPORT FORMA TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: A resolution authorizing the City Manager to negotiate and execute a contract with the Texas Department of Protective and Regulatory Services; and providing for an effective date. RECOMMENDATION: The Community Development Staff recommends approval, BACKGROLED: The Family Preservation and Family Support Services Act of 1993, established by Congress in August 1993, is a five year capped entitlement for family preservation and family support services. in FY95, Texas received $23 million and awarded the funds to eight communities. For FY'96, Texas will receive $2 million. Texas Families: Together and Safe, is the Texas Department of Protective and Regulatory Services' (PRS) program for implementation of the act in Texas. Several service providers in Denton County have formed the Denton County Collaborative to develop and submit a proposal for FY '76. The proposal is based on existing collaborations. Part one of the proposal will expand the services of HOPE, Inc. by hiring one full-time caseworker and one part-time caseworker to provide case management to 24-25 families. Participating service prmiders have pledged to offer services to the families as needed. Part two of our proposal will expand the tracking system of Denton County Cooperative Ministries. The Denton County Tracking System will allow j • providers to coordinate resources, personnel, and data on shared clientele.Their electronic bulletin hoard wil! inform providers of available services in the area. This will assist providers in making intelligent, informed, and appropriate assistance decisions, which will maximize dollars. SUMMARY: , The proposal submitted to TDPRS will include hiring two case managers for HOPE and one programmer for Denton County Cooperative Ministries. The resolution authorizes the City Manager to negotiate and then execute it contract for funding under the TDPRS project. • _ a Benda No %gandaltern. . 'r PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Service Providers in Denton County City of Denton Program Beneficiaries FISCAL IMPACT: The grant will be administered by the Community Development Office using CDBG administrative cost funds. There will be no fiscal impact to the General Fund. Respe ly submitte -OF Lloyd V. Harre I City Manager Prepared by: Derrick Collins Human Services Coordinator Approved: Frank Robbins, AICP Executive Director for Plan mg and Development Attachments: Request for Proposal from TDPRS • Resolution • • • a • Family Preservation and Family Support SPrn W9N0 The Strategic Plan for Texas a9cAndallem~ - The Vision We envision caring communities that respect and support families, children, and youth. We want to provide family support and family preservation services in partnership with every family, child and youth that needs them, when they need them, without artificial barriers or arbitrary criteria that restrict access. We want services to build on family and community strengths, and be responsive to their choices. And we want these services to be accessible, respectful, effective, culturally sensitive, and to reflect the populations they serve. Guiding Principles This vision requires services that: Act for the safety and welfare of children, youth, and all family members, Acknowledge and build upon the family's strengths, interests, desires, and culture, Focus on prevention Promote the healthy development of children and youth by supporting all families in the community, Deliver services to the child, youth, and family in the home or neighborhood at convenient hours and assure access to services, Help families become self sufficient and prevent the need for unnecessary intervention, Deliver community-based services and supports designed in partnership with • families, Meet the needs of all children, youth, and families in the community including those that require life-long supports, and • Support all caregivers in their efforts to support children and youth. ' • Texas familless Together and Safe • as • SECTION 1 INTRODUCTION TO REQUEST FOR PROPOSALS, Offerors may respond to this Request for Proposals (RFP) under the following guidelines: A. Request for Proposals: The Texas Department of Protective and Regulatory Services (PDPRS) is soliciting proposals for a Protective Services for Families and Children project, entitled "Terns Families: Together and Safe". This project will initiate in several Texas cotnnwaities or counties the development of cotununity-based programs or systems of integrated service delivery to serve families with children, with emphasis on services to teen parents, first-time parents, parents with young children, and parents with children determined to be Lt high risk of abuse, neglect, developmental delay, or disability, emotional, scho!I or health problems that: • focus on the strengths and reeds of the whole family, , are designed in partnership with families, streamline and coordinate access, are hi;hly collaborative, and enable children and youth to remain in their own home, These programs or systems can include services of primary prevention through intensive intervention for all populations, and will participate in an ongoing evaluation of progress. Effective systems should build access to an aaa or coordinated, family-centered resources and be replicable in other communities around the state. Proposals must include an outcome- focused evaluation of the project. Funded communities will be required to offer technical assistance to interested Texas communities in following years. This effort will build on existing community capacity to meet identified needs, and expand to additional communities, annually through federal fiscal year 1998. This REP covers family support services funds for federal fiscal year 1996, expendable through September 30, 1996. STATEMENT OF ISSUES: The Family Preservation and Family Support Services Act of 1993 (FP&SS), established by the U.S. Congress as part of the Omnibus Budget Reconciliation Act on August 6, 1993, provides support for the implementation of programs and service systems to preserve and strengthen families, The Act created Part 2 of Title IV-B of the Social Security Act, 1 a five (5) year capped entitlement for family preservation and family support services. Teat Families: Together and Safe, is one Texas Department of Protective and Regulatory Services • (PRS) program for implementation of the act in Texas. This program will provide support to local communities for the development, implementation, and r eration of these family support services. To initiate this program, input was taken during the spring and summer of 1994 from communities, providers of services, fat.ilies, youth, and children about family preservation and support service needs. The greatest response related to access to services. The difficulty accessing services is found in a number of areas including complete lack of the service, limited • • eligibility, limited capacity in the form of waiting lists, lack of information on services available to families in teed, attitudes of provider agency staff towards families, inconvenient hours of service, communities families and providers being unaware of available services, and geographic issues including lack of transportation, providers located in cities far removed from the family, YEXAi FAMILIES "01ECf• • ^-V" 2Fr PAGE I O Q • .I providers located far across town, and services being provided in setting iitQ 1w GaWwiu to the family's motivation to be involved, A document containing this * J&~ c d ro~his _ request for proposal. dig y Using the input collected from more than 1500 Texans during 28 community meetings around the state, a workgroup composed of parents, representatives of state-wide agencies, organizations, advocacy groups, and nationally recognized experts, developed a vision statement, guiding principles, and strategic goals for family support services in Texas. The vision, principles, tend goals are found on pages 7 & 8 of the attached document and front this request for proposal. During the early months of 1995, eight grants for family support services were awarded to communities within four (4) population categories around the state. One provision of these grants is that the grantee provide technical assistance to other communities interested in establishing similar family support service systems. These grantees can respond to reasonable requests for technicaI assistance with the development of a community's proposal. A list of these grantees and the contact person for the project is included as an attachment to this request for proposals. B. Eligible Offerors/Limitations: Eligible aaplicants are counties or communities in Texas counties in four population categories: • Counties with populations exceeding I million, • Counries with populations greater than 199,999, but less than I million • Counties with populations greater than 99,999, but less than 200,000, and a Counties with populations less than 100,000. Counties or Communities must be represented by a broad-based collaborative group which reflects the population of the community and includes representadves from: a consumers of faruiy support services, a all local, state, and federal public agencies, and grantees, • schools, and school districts, • community youth development groups, • private child, youth, and family service providers, • private fund raising agencies such as United Way, foundations, • advocacy organizations, and • others identified by the community, The applicant may be a county, a city within the county, or a neighborhood within the city, but rr:::r collaborate with the other authorities on the development and implernentation of the program. The committee must have idendfied and selected a public or private entity that meets the id:ntifed fiscal criteria as fury'- manager for the community, have completed an assessment of needs anti existing capacity within the community and proposed means or methods to best O address those needs with existing resources, clearly identified families with children (or a O C category of families with children) as the target population, identified a system of service or service program(s) to meet a teed or reeds that cannot be provided for by existing resources, and demonstrate plans to expand these systems or programs county-wide within an identified titre period. 'TEXAS FIMILIF3 PROJECT' 1 V RFF FACE 7 Mfr . = i ..7 w ;•a 'A 4 r Y. . Y..r. .....n ,,:...-•..-.rFVna•h 1gZVK'.:N1F .;n Agenda No,_ C. Schedule for RFP Activities: Apda!terL~_ Ibte The effective dates c,` any contract awarded under this Request for Proposals (RFP) are scheduled from 1010111995, through 9/30119%, with annual renewal possible for a period of up to two (2) years. Funding of the proposal will be dependent upon available state and/or federal appropriations. The following schedule of RFP activities is tentative. All offerors will be notified of schedule changes. SCHEDULE 7125/95 Release of Request for Proposals via Ic usJkgistec 8/23195 Offerors Conference 8123/95 Deadline for Receipt of Written Questioi%/Offeror'a Conference Held 9111/95 Deadline for TDPRS to Mail Written Responses to Written Questions 9126195 Deadline for Receipt of Completed and Modified Proposals (4:00 p.m.) 10106/95 Evaluation of Proposals/Validation Visits if Necessary 10/09/95 Issue Notice to Offerors of Proposal Selected for Contract Finalization 10/17/95 Notice of Selection via T zee S!= 11101195 Contract Finalization • i 1 AI, 71, IMAIA PAGE $ - i: • • • e ` P . l:' J '4!J 'Y' fry. 4• 2 r:,':-i 1 l r t f w d ili%ti !r~. PST p • D. Project Goals: Agccua ;er7~ - _ le~ The goals of this project are as follows: 1. To increase collaboration among and between local community-based programs, state and federal agencies, and children, youth, &A families. 2. To improve and enhance access to family support services. 3. To enable children and youth to safely remain in their own homes through the provision of services to prevent the need for removal. 4. To increase the efficiency and effectiveness of community-based family support services. E. Services to be Provided: Eligible programs or service systems include family support services which are: community- based preventive activities designed to alleviate stress and promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children; enable families to use other resources and opportunities available in the community; and create supportive networks to enhance child-rearing abilities of parents and help compensate for the .increased social isolation and vulnerability of families. Examples of these programs or systems include (but are not limited to) respite care for parents and other caregivers; early developmental screening of children to assess the needs of these children and assistance in obtaining specific services to meet their needs; parenting education, parent and child support groups, home visiting, mentoring, tutoring, and health education for youth, a range of center-based activities and home visiting activities (these could be systems like community resource centers, or programs like healthy start), and systems of brokered services that provide single case management, inter-agency staffing and coordination, and provide a continuum of family support services, i No particular service model is prescribed in this RFP. Communities, through existing or developing collaborative committees are free to determine when, where, and how services will be delivered related to the program or system, The program or system must address the objectives described above in the purpose. The program or system must: • address an identified need that cannot be addressed by existing capacity or by a restructuring of existing capacity, . • be integrated or linked with existing programs and services in order to allow families, children, • and youth to move freely through the system to meet specific needs as they arise, • • • serve the whole family as appropriate to resolve systemic issues, • be built in partnership with the families, children, and youth they serve, -MXAI FAM;LMS FRGIECf 6h 71. I F'tl/RFF ? hGE 4 • a r • ,ac,arrurrn utd :~xr:tnu[c x~c:>J'x~ .vc~~lv., • ~c 7,(Litis ,~~iiaa.~rau~e. a r:, rid ILI 'be 3c%:,j 4.~ sueugnc~u aAl Upjk" .Ji la:u.,Imb ,x, vu.[bi4 .tub4<u dll 1`NaW k rrms n m LIx[r L•wu hLvx and c\VxmWUtN WlV„ It ul+r u, O.;a peat WLWWsi. 4At • retlm-L 0L pr=Ipllti of Llle IrTlA S 1uloct S)swnls arrl p",gru►u slsAmM S. dui:" Wwatds vuhaa uyl p.uvws' alrlt~~ 4c ~1CdtG sWbk aL►t nurturing &me envircvtttLSrltts th.u prvuukw dw►Llti vtuld dL 0k1k%wut, auNt 4kaw 4hk"4;4t, 1 ulkt and families to resolve crisis, aaO teaum saki) Il. vt1wi w Lhvu bolm F. Funding: uiL~kulwul luil~a lems Families rogerher urki We will pre vklc lutkluvA Iu cculintutultws It, smoke programs or ituegLated Wf%k:c s)xlenu of ht[ivcl pluµlaILLS W 1;ww1 klvult w I"a of needs within the conununtty. I millmg can txit tk' usvd hr suiylma lv&wl pi tajtl Icavlal 4Il 4la including those provided Io coulnuuuty hascd ptog[dnu, lot w41sliuy lauttll will-K411 opltlies Award anwunt will be rcgotiated based on tlx: idvtuilied tkwa aLicl c;apacAy W1 Olt; cowilulLiili'target population(s), aril approved ar ttvutea, tiul diu utaxutauu uw4ld Jul lix t tills 4 ltl7!' (17Y.Y'96 funds) is $1(R),(I(N) l ui0mg will by tcxi:wea a[uuwlly, alxl tl aplnr Pllalc, (vllwa~a through federal f!,Lal year 11M, with pruu'rdCd Juaxinnun tutxliny levels walb )waf to utaluc funding Lif additional c0nu11unI1ICa lxxal firwrx ial partllip44u3l is Iwyulfu+l a[ Ji PelcctN I5k) iruremew, with higher prupisal uurua fu[ Lluroe Witt( the gluatur Ixlcelgagua Of 101.41 JlR9Ac141 participation. hales of l kal firwmiai panicipallurl [IIULI f e rxr ILaa itw[I flee JXILCrlt 155() al±d any lugher level at U1Lrcmtrdb ul' five pcrceru (5%) (Iot caatttple S51, J11%. WA, 10, 15:f and so on) 1.[xal fnuxial partwipaltrm uwa l[tcreasc Ili, at parUUwgl 155E py 1e4wr#J liaral year 1958 Laval fuwiLial panicipan iri may Ix in caab ur cL)rwtx4 f oWil i If the actuat funlu[g 6evcl is dtffcicox titan Ox wili"w l iiaruf a4vvu 4; Ito kvp ut it leliovs LA-441 • to cwnuacus) under this 10-T. -10M um) i%4#41 ilJWLWvx4 w.:u4444Jy Arty cN1uy 4:rrN4 firdLrg far tins PV J rrwst aJ,rrut a pr(4xRal ul re-PAbc W (f,ia 100' iN vW40 W Ix u,10*;o f x huduq dxv4 te4er+d (iv...+ )cW iYA 7 f AS 1cw4 vrs Ox f4kil u) a'44u iR W#)4 1 c.tmrest:.e prr..uemern yr4q a; J&o LMJV,cvcr. of M U 4cx';tL:c4 hi) Aw Jkpa 'a k" :lle7 cS~ • O • i , .1 E : \WPD0CS MV,PR D TECC. RES ~~2fii;a inr7 , RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE COMMUNITY DEVELOPMENT OFFICE TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; AND PrOVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the safety and welfare of children, youth, and all family members which includes promoting the healthy development of children and youth by supporting all families in the community; and WHEREAS, the City of Denton, Texas is interested in promoting the development of community-based, collaborative and integrated service delivery systems to serve families within the Denton area; and WHEREAS, the City of Denton is applying for funding under the "Texas Families: Together and Safe" project, authorized by the Texas Department of Protective and Regulatory Services; and WHEREAS, the Texas Department of Protective and Regulatory Services requires submission of an application and appropriate certifications; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas authorizes the Community Development office to submit an application seeking funding from the Texas Department of Protective and Regulatory Services and the City Attorney to negotiate a contract with the Texas Department of Protective and Regulatory Services to obtain said funding.. SECTION II, That this resolution shall become effective • immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. • BOB CASTLEBERRY, MAYOR , • • a • r 4dcdaNo - Aganda't~r~~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • i Page Z • s DENTON Qo~Q00000 OOO 000 ~ Np 000: OO o a o 0 0 C:3 C3 ° o C DOp~ Q0p ~ OOp~ r o N , ~t ti QQO °aQOoaooo i CITY COUNCIL . o iD i Apft No ADY" Defy =p~ DATE: 09/19/95 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager r SUBJECT: Resolution accepting a grant from the Texas Forest Service RECOMMENDATION: Staff recommends approval. .*y: The grant will provide $8,580 to continue the city's tree inventory. The program provides useful information about trees within twelve (12) feet of the edge of the street. The information collected in phase one has been used in evaluating development sites and in locating trees that will be affected by CIP work. The City of Denton and K^ep Denton Beautiful will provide $10,475 in-kind. The match does not include any cash expenditure but will include volunteer hours, staff time to coordinate the project and the estimated value of postage, i.e. a utility insert will be added to bills. RACKGROUND: 1 In 1992, a tree inventory process was started to identify the condition, species, and location of trees within twelve feet of the edge of primary, secondary, and collector streets. A 1992-93 grant from the Texas Forest Service funded the collection of data on primary and secondary streets and the production of a report on these trees. P,20GPAMS. D°PART?MnS OR GROUPS AFFECTED: Planning Department, Keep Denton Beautiful FISCAL IMPACT: The City will receive $8,580 and no actual cash expenditures will be made by the city. Respe ully submi L1 V. Harrell Prepared by: City Manager { cl~ Cecile Carson Community Improvement Coordinator Appr ed: n R ins / r ob Executive Direct for Planning i p t : \MVDOCf \1W \'IAJ I . CTY Ape~sdaNo. _ _ _ ApsnGaltem ate RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FROM THE TEXAS FOREST SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, trees clean the air, produce oxygen, provide a habitat for wildlife, cut heating and cooling costs, and can reduce the erosion of topsoil; and WHEREAS, trees increase property value, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Keep Denton Beautiful Program has encouraged the planting and maintenance of trees, promoted the community forestry program, and organized annual Arbor Day celebrations; and WHEREAS, the City of Denton, upon recommendation by Texas foresters, has been recognized as a 1994 Troe City USA by the National Arbor Day Foundation; and WHEREAS, the Texas Forest Service, in cooperation with the United States Forest Service and the Texas Urban Forestry Council, Inc. has established an urban and community forestry challenge cost-share program; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby accepts a grant from the Texas Forest Service through its America The Beautiful Challenge Grants Program to fund the Denton Tree Inventory project, The City Manager is hereby authorized to execute an agreement with the Texas Forest Service to provide the matching in-kind share of the cost. SECTION II. That this resolution shall become effective immediately upon its passage and approval. 0 PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i • r , , « ..;.,r...:w+•...w+~w:>.•+.rww.++ao~uicb+r.rrxs 9~•'~daNo., ~oerdalierr~"^,•~~ `afr APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / I • I i Page 2 R Ali 'o • a • Federal Program Grant Number: 95-03AUAidd ltem7 CFDA Number: 10.664 Grant Amount: $0 so Period: 10-01-95 to 9-30-96 Local Match: 530,4 Urban Forestry Public Outreach Grant A Cooperative Program Between the Texas Forest Service and the USDA Forest Service GRANT AGRBDOZNT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas AiM University System, and City of Denton, Texas, hereafter referred to as 'Grantee.' Article 1. All funds must be used for the purposes stated below. Any modifications of purpose, final product, grant award, or matching contribution must be requested in writing and approved by the TFS. Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources. Purpose: To help the Grantee conduct a tree inventory, develop a computerized database and to write and produce a tree care management plan. Grant funds will be used to hire a project intern, supplies, travel, and contracted printing costs for the plan. Article 2. The 58,580 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report. Interim reports detailing partial project accomplishments and costs will be accepted for partial payment. The amount paid will equal 45• of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a tctal local match of at least $10,475, in cash purchases and in-kind contributions. Article 3. The Grantee shall be responsible for providing proof-of- payment records for all purchases and in-kind contributions. These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third-party in-kind contributions. Article 4. Applicable federal cost principles (attached OWN A-87 for governments or ONE A-122 for nonprofit groups), federal program • regulations (attached Code of Federal Regulations for Business Credit and • • Assistance), and the Grantee's application will be followed in determining reasonableness, allowability, and allocation of costs. 1 • Q • yG"~2 ti~ Articl9 S. The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. Article 6. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification. Grantees procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance, 13 C.F.R. 5101.1-146.605 (1994). Grantees receiving $100,000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular 0ND A-128 (for governments) or ONE A-133 (for non- profit groups). Article T. The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by October 31, 1996, whichever comes first. (If required, a copy of the single Audit report covering the grant period must also be submitted.) Cost records must be retained for three years following conclusion of the project. Article 8. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 9. (For tree planting projects only.) The Granteu must provide the TFS with a resolution or letter from the governing body of the entity that owns the property where the trees are to be planted. This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees. Article 10. (For tree planting projects only.) Zxhibit A (Tree Planting 4 Maintenance Specifications), attached hereto and incorporated for all • purposes, must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three full i years following planting. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90t of the original number planted and included in project cost reports. Article 11. If a Grantee materially fails to comply with any term of ' • this award, as stated above, the TFS may temporarily withhold cash • • payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or taxr other legally available remedies. f -3- tc-taNo. 4pondz lem_. Article 17. The Grantee may terminate this entire Agreement, wi•.aout cause, prior to the expiration of the grant period, upon thirty (30) days written notice. Upon cancellation of this Agreement and release or return of the unexpended grant funds the Grantee is fully released of all obligations under this Agreement. Article 13. The Grantee agrees co :r,:~ld the Texas Forest Service (TFS) harmleja from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees, to the extent allowed by law. Article 14. If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantees Signature Title Organization Date Grantor: • Bruce R. Miles State Forester Texas Forest Service Date l I • • • ~ ~.~wrr.. . • 4~.t a ~ ~ 1} of r~ C~r6,?n'1~ ~,ea • 0 . C DENTON 0qooo oo°~ 4p 4p ooo: T~ °o 0 0 d 0 0 c:l o a OOO ~r ti~'~C°p aa0aaoaoo CITY COUNCIL • n zii • 0 CITY Of DENTOK TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 76201 MEMORANDUM (817) M68 00 • DFW METRO 4342529 TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer DATE: September 15, 1995 SUBJECT: RESOLUTION APPROVING BUDGET ADJUSTMENTS Section 8.07 of the City Charter allows the Council to transfer money from one office, department, or agency, to another. Such transfers are processed annually in an effort to "clean up" the adopted budget during the last three months of the fiscal year. Please find attached a resolution to make an adjustment to the 1994-95 adopted budget. This adjustment requires an additional $45,000 for unanticipated fire fighter overtime in the Fire Department. The money required to transfer to the above General Fund department will come from savings in the Police Department. Please advise if you have any questions. r j • AFFM71 i "Dedicated to Qwaliry Sm*e" ~ Y '~14~ 11 4 P • - o • _ A:\DVDGPT. ADJ ;9e,-4a No RESOLUTION NO. A RESOLUTION APPROVING BUDGETADJUSTMENTS FOR FISCAL YEAR 1994-95; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the budget adjustments, as indicated on Exhibit "A", attached hereto and incorporated by reference herein, for the fiscal year 1994-95 are hereby, in all things, approved and ratified. SECTION IT, 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: O' • • _ a • ~..i.S ,Ykktr ,rv.t:..r~rwr'~c.:,r:+th,±!x+~n~„~,.vr~~,aer~s:+rre~w*.wes1 ApgldaNa - Agendaltcrtl.m___,._. Dete_ RESOLUTION EXHIBIT A FISCAL YEAR 1994-95 YEAR END BUDGET ADJUSTMENT Current Inc(Dec) Modified h General Fund Emereditures Bud t Amount Bud Re Department 45,000 5,gW,M Police Department 7.026.746 4S,000) 64961,746 Net General Fund Adjustment 12,686,035 f , i • rp I M Y' . 0 Y r 1 DENTON 0°~~oaa o00~0400 0 ° 0 0 o ~ o a °o a o ppp`~ DO °DO r0N, 040000000 CITY COUNCIL No 0 o • I- ~ • F.iNa CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 19, 1955 SUBJECT: A Resolution Assigning Professional Contract from Dynamic Health & Performance Inc. to Pacificare Wellness Company. RECOMMENDATION: It is the staff's recommendation that the City Council approve a resolution transferring the City's professional agreement for employee wellness, from Dynamic Health A Performance Inc. (Dynamic Health) to PaCificare Wellness Company (Pacificare). This assignment will not alter the City's professional service agreement for health screening of City of Denton employees as both companies (Dynamic Health and Pacificare) are in agreement with the contractual obligations as set forth in our current contract and have agreed to the assignment. SUMMARY: On March 24, 1994, the City entered into a professional service agreement with Dynamic Health to administer health screenings for the employees' wellness program. Effective October 1, 1995, Dy,,amic Health will become Pacificare Wellness Company. Since the merger will not alter the provisions of the City's service agreement, staff did not see any need for a new contract to be written. • This resolution will enable the City Council to approve the change of name in the professional service agreement from Dynamic Health and Performance Inc. to Pacificare Wellness Company. The resolution will accept the assignment of the professional service agreement to Pacificare and will not alter the substantive provision: of the original agreement as set forth with Dynamic Health. • r J r AgWaNo - AQendalSem,~.-- September 19, 1995 Date City Council Report on Pacificare Wellness Company Page 2 BACKGROUND: With the adoption of the 1993/94 budget, the City Council authorized the staff to implement an Employee Wellness Program. Dynamic Health was the successful bidder and has administered the Health Risk Assessments during April, May, and June. The program's activities are mainly focused on employees voluntarily participating in a Health Risk Assessment (HRA). This includes an individual, confidential, follow-up meeting with a nurse and an individualized, confidential Health and Wellness Report. This confidential employee report outlines the employee's le-,,el of health and wellness in areas that research and study have shown to be the most critical risk factors. Each employee report further provides detailed recommendations on how to improve one's risks. The City receives a comprehensive detailed Corporate Wellness Report - Group Summary and departmental sorted reports for more focused analyses by department managers. The first year (1994) was highly successful with over 50% of employees voluntarily participating in the confidential and individualized HRA. A surrey of employee participation in the HRA indicated that over 96% of the employees viewed all portions of the program as "good" or "excellent". The City has been able to obtain some very useful information on the general health of the employee workforce and began targeting educational efforts in the areas where employees as a whole could improve. In addition, the Wellness Committee has been very creative in finding inexpensive, yet highly effective methods of putting important health and wellness educational information in employee hands. The committee developed a schedule for payroll staffers, newsletters, and other educational methods. The City of Denton has continued to provide a commitment to \ wellness by providing a second Health Risk Assessment for employees in 1995. The Wellness Committee has developed a two page survey in order to assess and improve the City's Wellness Program for the f future. The survey is designod to assess participation levels, employee ,atisfaction and expectation levels with the HRA's, while looking to improve components of future HRA's. Analysis of this survey will be completed by late September, 1995. Continuation of the Wellness Program means that employees are given the opportunity to identify personal health risks and to make lifestyle and behavioral changes that will positively affect their health and help reduce insurance costs. Employee awareness has continued to make significant improvements in our employees' morale, productivity, and attitudes. a P4 wA+ .S 1 • 4psndaNo - Apsndal terrt~..-r..- September 19, 1995 We City Council Report on Pacificare Wellness Company Page 3 PROGRAM, DEPARTMENTS OR GROUPS AFFECTED: The Employee Wellness Program is available on a voluntary basis for all regular full-time and part-time employees in all City departments. FISCAL IMPACT: Currently, the Employee Wellness Program is budgeted at $33,150 for Fiscal Year 1995/96. The approval of this resolution will not result, in any additional costs for this program. Respec lly submitted: oyd V. Harrell ity Manager Prepared by: j4A Thomas W. ck, Director of Human Resources Approved: Betty Mc ean, Executive Director • Municipal Services and Economic Development ccrpt95b.w5 Prepared: 09/10/95 • ~ y^ I ti r 1 ~ • 4i K AWFDOMKIN\,WIFIC," -gWa No RESOLUTION NO. A RESOLUTION CONSENTING TO THE ASSIGNMENT AND TRANSFER OF A CONTPACT W1TH DYNAMIC HEALTH AND PERFORMANCE, INC. ("DYNAMIC") TO PACIFICARE WELLNESS COMPANY ("PACIFICARE"); AUTHORIZING THE CITY MANAGER TO EXE%=- d AN ASSIGNMENT OF THE CONTRACT FROM DYNAMIC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 22, 1994, by Ordinance No. 94-044, the City Council of the City of Denton, Texas awarded a contract for professional services relating to health screening of employees of the City of Denton to Dynamic Health and Performance, Inc. ("Dynamic"); and WHEREAS, as of October 1, 1995, Dynamic will become Pacificare Wellness Company ("Pacificare"), and Dynamic and Pacificare have requested that the City Council approved the assignment of the contract from Dynamic to Pacificare; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby consents to and accepts the transfer and assignment from Dynamic to Pacificare of that certain Service Contract between the City of Denton and Dynamic, entered into on March 24, 1994 and amended to extend through March 24, 1996, in accordance with the terms and conditions of that contract. SECTION II. That the City Manager is hereby authorized to execute the attached Consent to Assignment of Service Contract between the City of Denton and Dynamic after execution of same by Dynamic and Pacificare, and to execute any further agreements or to take an,r action necessary to consent to this assignment. • SECTION III. That this resolution shall become effective immediately upon its passage and approval. { PASSED AND APPROVED this the day of 1995. BOB CASTLEHERRY, MAYOR i I • i i gvdaNo a ~nda'tem~._... ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ff~~tz • Page 2 'rf • ~1 j~•~~kekA{v.4Y~,iaif`~14 't~~:w ~ f r . i ~9adaNo Date _ CONSUT TO ASSIONXINT OF CONTRACT BZTMZN THS CITY OF DsNTON, TnU, DYNAMIC SRALTB AND PERFORMANCZ, INC. AND PACIFICARi WZLLNZSS COMANY RECITALS 1. WHEREAS, on March 24, 1994, the City of Denton, Texas ("City") entered into a Service Contract with Dynamic Health and Performance, Inc. ("Dynamic") for professional services relating to health screening of employees of the City, which was authorized by the City Council by passage of ordinance No. 94-044 on March 22, 1994, which contract has been amended to extend through march 24, 1996 ("Service Contract"); and 2. WHEREAS, Dynamic will become Pacificare Wellness Company ("Pacificare") on October 1, 1995 and has requested that the City approve and consent to the assignment of this contract to Pacificare; NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. Dynamic hereby assigns and transfers all of its right, title, and interest in that certain Service Contract with the City to Pacificare. 2. Pacificare hereby agrees to fully perform and to be bound by all the terms and conditions of that certain service contract between the City and Dynamic. 3. City accepts and consents to the above assignment and transfer and agrees to be bound by all of the terms and conditions of the contract. IN WITNESS WHEREOF, the parties have executed this Consent to Assignment Agreement on the day of 1995. I DYNAMIC HEALTH AND PERFORMANCE, INC. I I BY: • .a PACIFICARE WELLNESS COMPANY BY: r • r, o City Of Denton TEL:1-817-380-0551 Sep 12.95 16:17 No.001 P.04 CITY OF DENTON, TEXAS BY: LLOYD V. HARRELL, CITY MANAGZR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APi?AOVED AS TO LEM FORM ; HERBERT L. PROUTY, CITY ATTORNEY BY: 1 7 i i • h %WFV0Cl1R17AC:FTCA.TNR • ~ r!~~ • ~TA r - ,fie : ' ^ i . • a • 1 DENTON'. oooQoo0 00 04° a c} 0 0 c, o o ° o ppp r ~ ~O~O OOp~ ° "o 000 CITY COUNCIL ~ • • o • 0 • 4p ONo Aplo W Oete - CITY COUNCIL REPORT REGULAR SESSION TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager DATE: September 19, 1995 SUBJECT: Resolution for City of Denton Revised Policy - "Overtime" (106.04) RECOMMENDATION: It is the staff's recommendat u m to adopt a resolution to implement a revised policy, "Overtime" (106.04), effective October 1, 1995. SUMMARY: The proposed policy changes aid managers and supervisors in providing greater service delivery by ensuring that essential personnel are available to work outside normal working hours. These changes are important for planning and scheduling employees to work overtime hours necessary to complete the City's business. They are also particularly important for managers and supervisors to be able to call on any and/or all employees to work overtime hours in emergency situations. BACKGROUND: The Fair Labor Standards Act (FLSA), enacted by the U.S. Congress in 1939, sets overtime pay standards and defines rules for determining an employee's exemption status. Per FLSA regulations, exempt employees are classified as professional, administrative or • executive employees, paid salary rates, and are exempt from the overtime provisions of the FLSA. Non-exempt employees are paid j hourly rates and must be paid at time and one-half for hours worked over 40 hours per week. Eligible hours used in computing overtime ; compensation includes all time worked and/or authorized leave j taken, except sick leave. , J APP00942 • O • 0 • AQendaNo Apdaltem~_. City Council Report - September 19, 1995 Overtime Policy Page 2 Exempt employees work overtime when necessary to complete their work and to accor.iish their goals and objectives. Non-exempt employees work )vertime scheduled by their supervisors and occasionally work overtime in emergency situations. Emergency situations are defined as a disruption or loss of an essential service relating to water, electricity, safety or health. All overtime hours worked by non-exempt employees must be approved by the immediate supervisor, and supervisors are responsible for assigning overtime only when absolutely necessary. The Department of Labor ruling and court cases essentially have established all sworn police officers and fire fighters as non- exempt employees who are also subject to the overtime provisions of the FLSA. As provided in the FLSA, supervisors have the option to grant employees compensatory time (to be used as paid time off at a later date) instead of cash overtime compensation. Maximum compensatory time balances have been addressed for non-exempt employees. As shown in Table 1, the proposed policy provides for 80 hours for non-Civil Service employees who are eligible to accrue compensatory time. The Civil Service department heads have recommended 10C hours for police officers and 200 hours for fire fighters based on their department's operational needs. The compensatory time balances function as rolling accounts. At any point in time, no eligible employee can accrue more than 80, 100 or 200 compensatory time hours for non-Civil Service employees, police officers, and fire fighters, respectively. i TABLE 1 MAXIMUM COMPENSATORY TIME BALANCES • Non-Civil Service Employees 80 hours Police Officers 100 hours Fire Fighters 200 hours APP00942 • a City Council Report - September 19, 1995 Overtime Policy Page 3 Establishing maximum compensatory time balances for eligible employees saves the City dollars by not allowing employees to carry over large balances. According to the FLSA, compensatory time must be paid in cash (possibly at higher rates of pay) when the employee terminates employment with the City, subject to the maximum compensatory time balances shown in Table 1. The current policy, which was adopted March 18, 1986, is shown in Attachment I. The recommended, revised policy, to be effective October 1, 2995, is shown in Attachment II. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All employees are covered by this policy, including regular full- time, regular part-time, seasonal, temporary and Civil Service employees. Civil Service employees are also covered by the provisions of Chapter 142 of the Texas Local Government Code. FISCAL IMPACT: The FLSA establishes rules for determining an employee's eligibility for overtime compensation. Table 2 indicates overtime by fund for the 1995-96 City budget. Non-Civil Service employees include all non-exempt employees except sworn police officers and fire fighters. Civil service employees include all sworn police officers and fire fighters. The Civil Service column represents overtime dollars budgeted and primarily used for employees to 1 attend unscheduled meetings, respond to on-call requests and other emergencies and cover for absent employees due to sickness, vacation or related leave in the police and fire departments. The Fire FLSA column represents overtime dollars budgeted for 6 hours of regularly-scheduled overtime for each fire fighter. Fire fighters work a 56-hour work week; 50 hours are paid at regular, hourly rates and 6 hours are paid in overtime compensation per FLSA • guidelines. Each department budgets for overtime compensation based on anticiprted needs. The 1995-96 City budget sufficiently covers implementation of these policy changes. Thus, there is no budgetary impact in implementing the policy. APP00942 • • . f City Council Report - September 19, 1995 g6 Overtime Policy r1;e Page 4 TABLE 2 1995-96 BUDGETED OVERTIME BY FUND FUND NON- CIVIL FIRE TOTAL CIVIL SERVICE* FLSA** SERVICE General 253,571 407,989 262,465 9240025 Recreation 0 0 0 0 Electric 306,518 0 0 3060518 Water 99,136 0 0 99,136 Wastewater 98,837 0 0 98,837 Solid Waste 204,251 0 0 204,251 Warehouse 2,986 0 0 20986 Motor Pool 0 0 0 0 4 Fleet Services 8,162 0 0 80162 TOTAL 973,461 407,989 262,465 1,643,915 * Police and Fire Overtime - primarily including unscheduled i meetings, responding to on-call requests and other emergencies and coverage for absent employees due to sickness, vacation or rela`.ed leave. Fire Overtime - 56 hours per week; 6 hours overtime per FLSA Resp fully sp~tnitted: 11 1'rVrVWVz • L1 d V. Harrell City Manager Prepared by: e , • ~ I Thomas K1 tack Human Resources Director APP00942 ~r ya' • ,...e -~.......x.:*}r,-w...^sy.rn•ph'n'MM1l.balMMtq+MJ11R %MYYgAZ'K'i!f iFAg r4aNo Apardalteq._.r..__..~ City Council Report - September 19, 1995 Date Overtime Policy Page 5 Appr d by: Se y MCR a , Executive Director Municipa Services and Economic Development e • i i 3 APP00942 • • e \rpd00e\ree\0vertim. roe 4p9r~d3No. Age~da'tem,~.. C RESOLUTION NO. A RESOLUTION ADOPTING POLICY NO. 106.04 "OVERTIME"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Manager recommends adoption of the policy and the City Council desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Dt aton, Texas: 106.04 Overtime SECTION I1. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 111. The previous policy relating to Overtime (Reference No. 106.04), adopted by Resolution of this Council on March 18, 1986 is hereby rescinded. 3 SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution or policy, or appliction thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect i the validity of the remaining portions of this resolution, and the lil City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. • SECTION V~ 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: - o • F i r AQ0MaNo. AoorrdaItem~- Dale--- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / 1 I ~ I I t a r y tr'~ e- • • 4geMaNo... 4gendaESem,~.~~ etc _ _ ATTACHKINT I APP00942 • • fir . `~nyi !`I'.w~?WM~~.!`1`'ra • a • CITY OF DENTON PAG1 L op s Agee a~ten~ POLICTIAD14101STSATITS PSOC5119911ADMINISTSATITS DIRICTITI0'ie ~1rImlMts tICTWN PSRSOSMtUMPLOY92 RILATIONS :rMIG1:106.0i IPPICU OATI suu1CT WAGS AND SALARY PLAN ~1/1g/S6 pygltlll0l a1P~C1~1/19/SS TITO POLICY 31ATCKM The City of Denton requires employees to work overtime wham necsssary amt as requested by the supervisor. Overtime is defined as au.1bortsed time worked which exceeds 40 lours per work week. Overtime for Fire Civil Service employees will be calculated based on the maximum number of hours for the declared work period. gmployses who work overtime without authorisation from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the job. Supervisors shall make every effort to schedule overtime as tar in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Overt Lee, for non-exempt employees only, may be paid, or, at the option of the employer and employee, it may be taken as co"ensetory time, subject to the requirements of the fair Labor Standards Act, 29 O.S.C. 201 at seq., as the same may be amended from time to time. Some seasonal and temporary positions may be eligible for overtime. The Personnel Director is responsible for maintaining the exempt/non-exempt status of all city positions. OYLRTIIQ PAT: A. Subject to Section 5, non-except employees will De paid at flu rate of one and one-half times their regular rate of pay for authorised overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. H. gffective April 15, 1966, non-exempt employees may be eligible to accumulate 80 hours of unused compensatory time. The supervisor has the discretion to provide the option for an employes to choose to use compensatory time at the rate of time and one-halt in lieu of paid overtime prior to the pertormance of work. If compensatory time exceeds 60 hours, the City shall pay overtime compensation until the • compensatory %tme totals to 80 hours or lose. • • C. Regular part-time employees will not receive overtime pay until the number of hours actually worked exceeds 40 hours per work week. I P • O • a • 4ga^~u'ter, tOLICT/ADVISIMATITS PROCIDIVIVADMINISTRATltg DID10l1T• (Ceaflaaed) AI/111gNp TITLa. OY9RTIl01 Mu"In406.04 0. Sick leave is not considered actual time worked and to not included to computing hours for overtime purposes. Rolidys and vacation leave an considered actual t1me worked for overtime eligibility. g. gxempt employees are not eligible for overtime py. . Tbes• ogloyets will sometimes be required to work more than the normal 40-hour week without compensation due to the nature of their job duties. Super- vtllore at exempt positions will determine occasional dtoc nttonary tiae off, based on work load, tar hours worked in excess of 40 hours per week. Discretionary time to defined as flexible time off which is approved by the immediate supervisor and does not equal or exceed the number of extra hours worked. P. It a non-exempt or Civil service employee leaves the City due to resignatloa, retirement, discharge or death, he shall be paid for his accusrilated compensatory time. Such compensatory tine will be paid -.%t the rate of pay the employee is earning at the day of termination o• the average rate of pay for the last three years of employment, whichever to greater. 0. A regular tvll-elms employee may have a part-tiers job in another department it approved by the department directir and Personnel Dictator. The bouts worked to this capacity shall not be counted toward overtime it the part-time work is in a different capacity thaa the employee's regular job and occurs on an occasional or sporadic basis. "MIMISTRATIV& PROCIOURg: A. Prior to working any overtime, employees must check with their supervisors to make sure overtime to or will be authorised. • S. York performed by an employee other than normal working hours will not be considered payable overtime unless authorised by the appropriate supervioor in vriting. (Por example: work during meal ttmea, after normal working hours, or work taken home.) C. gxeept employees to job featly K/1-3 will receive paid overtime at a rate of one and one-halt times their regular rate of py only to • emergency situations. An emergency situation is defined as a disruption or lose of an essential servte* that relates to water, electricity, health or safety. 1 1 • p • pQ0'1~J3No _ . PACj 3 Op_LAAanda!lern POLICTIADYIXISIZATM P80ClDUSE/ADMINUTIATITS 01e1941I4t~jCesNaeed~- Rerenpsq TITLI 019RUIM Nuwminl06.0~ CIVIL SERVICE: The City of Denton has declared a 26-day work period under the 207 (E) provision of the pair Labor Standards Act for Denton Fire Civil Service employees. Under this exemption, tours worked over III In the 28-day work period will be considered overtime and will be paid at one and one-half time the regular rate. In sddttioa, we have declared a 26-dy work period for police officers. The low enforcement employees, as required br the fair Labor Standards Act and 29 CM 553, will be paid overtime at one area one-half tlmee the regular rate for hours worked in excess of 171 eaeh 28-day work period. Koweve^, in accordance with the lows of the State of Texas, paying overtime entitlements may be granted on a basis exceeding the requirements of the Pair Labor Standards Act. Effective April 15, 1986, safety Myloyees may accuMlsts up to 80 hours of unused cosopeneatosy time. If approved by the supervisor, these employees will be permitted to tab compensatory time at time and one-half in lieu of paid overtime for tours worked to excess of forty per week to the extent permitted by the provisions of the Pair Labor Standards Act. It compensatory time exceeds 60 hours, the City shall py overtime coupensattoa uattl the compensatory time totals to 80 louts or less. In addition, the time between 160 hours pee 28 day work ported and the 171 maxisun hours per work period allowed by the fair Labor Staadards Act will not count toward the compensatory %low maxims of 80 hours. Sections 1 through 9 of Article 1269P, Vernon's Civil Statutes (hours of labor and vacations of tire tlgbters and police officers in certain cities) outlines the specific laws eo"V mine overtime of Ctvtl Service employees. 1 Vernon's Civil Statutes, Article 1269P, is available for review at the City of Denton Public Library and the departments of fire, Police, and Personnel/taployes Mlations. • • r 02586 07/08/86 I. • _ A ATTAcxxcuT II 1 • I APP00942 t;:.. 1 • O • AgBnQaNo _ CITY OF DENTON Agenda't9n~ys„~,__ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECT SECTgN: REFERENCE NUMSER: HUMAN RESOURCES 106.04 SL'BNECT: EFFECTIVE DATE: WAGE AND SALARY PLAN 10/01/95 TMA REPLACE!: 03/18/86 OVERTI#E 11/19/85 POLICY STATEKENTt The City of Denton requires employees to work overtime when necessary and as requested by their supervisors. Overtime is defined as authorised time worked which exceeds 10 hours per work week. Overtime for Eire Civil Service employees will be calculated based on the maximum number of hours for the declared work period. Employees who work overtime without authorisation from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be aliocateJ as evenly as possible among all employees qualified to do the job. Supervisors s:,all make every effort to schedule overtime as far ir. advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Overtime, for non- exempt employees only, may be paid, or, at the option of the employer, it may be taken as compensatory timo, subject to the requirements of the fair Labor Standards Act, 29 U.S.C. 201 st seq., as the same may be amended from time to time. Some seasonal and temporary positions may be eligible for overtime. The Human Resources Director is responsible for maintaining the exempt/non-exempt status of all city positions. DEFINITIONSt A. For Non-Civil Service employees, overtime is time worked which exceeds 40 hours per work week, when the time is applicable for the purpose of computing overtlms. for Civil Service employees, overtime regulations are contained in the Civil Service section of this policy. B. The Fair Labor Standards Act (FLSA) authorises state and local governments to grant compensatory time, at a rate of 1.5 hours for each overtime hour worked, in lieu of the payment of cash overtime compensation. For personal/vacation days approved by supervisors, employees may request the use of compensatory time. • C. A work period for Non-Civil Service employees is I consecutive 24-hour days. A work period for Civil Service employees is 28 consecutive 24-hour days. D. Discretionary time, for exempt employees only, is flexible time off which is approved by the immediate supervisor and does not exceed the number of extra hours worked. 8. Non-exempt employees are paid hourly rates and are eligible for overtime compensation as established by fLSA guidelines and City policy and procedures. F. Exempt employees include executive, administrative and professional employees 1 who meet qualifications under FLSA guidelines and who are paid salary rates. AAA03?Co • _ A • ~4Qenda No_ ~ PAGE~,_01~_ POLICY ADXINIBTRATIOE PROCEDURE ADMINIBTRATIOE DIRE (Contioued) TRLE: REFERENCE NUMBER: OVERTIME 1J6.0~ ADMINISTRATIVE PROCEDURESS A. Based on departmental operatiaia, the supervisor has the discretion to provide t" option for an employee to receive compensatory time in lieu of paid overtime prior to the performance of work. B. Mon-exempt employees shall receive compensation at 1.S times their regular rate of pay for Lisle worked over 40 hours per work week. Prior to working any overtime, employees must receive authorisation from their supervisors. Employees who work overtime without authorization are subject to disciplinary action. C. Non-exempt employees may accrue a maximum of BO hours of compensatory time. It compensatory time exceeds BO hours, the City shall pay overtime compensation until the compensatory time totals BO hours or lose. D. Sick leave is not considered actual time worked and is not included in computing hours for overtime purposes. Holidays, vacation leave, authorized training time, authorized travel time and work performed outside normal working hours (including work taken home, work during meal times and work during on-call periods) are considered actual time worked for overtime eligibility. E. Exempt employees are not eligible for overtime compensation. However, these employees may occasionally be required to work more than the 40-hour work week. Supervisors of exempt positions may authorize discretionary time off, based on the work load, for hours worked in excess of 40 hours per week. F. It a non-exempt or Civil Service employee leaves the City due to resignation, retirement, discharge or death or is promoted to an exempt position, s/he shall be paid for his/her accumulated compensatory time. Such compensatory time will be paid at the rate of pay the employee is earning prior to termination/promotion. G. Department Directors shall be held responsible for ensuring accurate record keeping regarding employees' hours worked, overtime, and compensatory time accruals and usage. 1 H. Department Directors shall be held responsible for reaching some form of agreement or understanding with employees who are approved to work overtime and who will receive compensatory time in lieu of cash overtime compensation prior • to any overtime worked. 1. This policy affects ■ll City employees and is subject to applicable federal, state ■nd local laws. J I i AMOJ)o9 • _ o e PDLICY ADMIN18TRATIV' PRDCEDURN AD21II)ISTRATIVS DI Oeat aced) TTY: !06 MU4S Q OVEAT[MY 106.04 CIVIL SERVICSs A. The City of Denton has declared a 2e-day work period under the 207 (k) provision of the 1LSA for Denton fire Civil service employess. Under this exemption, hours worked over 212 in the 28-day work period will be considered overtime and will be paid at 1.S times the regular rate of pay. e. We have also declared a 28-day work period for police officers. The law enforcement employees, as required by the ILEA and 29 CTR SS1, will be paid overtime at 1.5 times the regular rate of pay for hours worked in excess of 171 each 28-day work period. C. Maximum compensatory time balances may not exceed 200 hours for fire fighters and 100 hours for police officers. The City shall pay overtime compensation when the compensatory time balances exceed the maximum accrual limit. D. Chapter 142 (hours of labor and vacation for fire fighters and police officers) of the Texas Local Government Code outlines the specific laws concerning overtime of civil Service employees. A copy of this publication is available for review at the City of Denton Public Library and the Fit*, Police and Human Resources Departments. • AAA03IN .j 6 • • DENTON . o00Q oa~Opppp~~ 4, ^'~~DO p0~: To ~D 0 ~o 0 0 0 o o 0 0 ( [::3 o o ~ 0 co DO OHO ti r ~ ;r X000 I OO~~ O N , ~ 0000 ~apfl~OD40 I • CITY COUNCIL o a - o • 1 AQ11aNo CITY or VENrON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEV • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM DATE: September 13, 1995 TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: I-35 as the Official NAFTA Highway RECOMMENDATION; Staff recommends adoption of a resolution to support the I-35 Corridor Coalition in its effort to receive federal designation of Interstate-35 as the official North American Free Trade Agreement (NAFTA) Highway. BACKGROUND; After the passage of the North American Free Trade Agreement, a need arose to form a united group to oversee the demands placed on Interstate-35, as it is the only U.S. Interstate Highway connecting the Lnited States, Canada and Mexico. Thus, the Interstate Highway 35 Corridor Coalition (the Coalition) was formed in April of 1994. Denton County, Texas Judge Jeff A. Moseley and Webb County, Texas Judge Mercurio Martinez were instrumental in the formation of the Coalition. The mission of the Coalition is to gain Congressional approval of a NAFTA Superhighway System designation for I.H. 35 within the framework of the 1991 Intermodal Surface Transportation Efficiency A.:t (ISTEA). This designation will lead to the elimination of barriers to international commerce, increased funding for safety and technology, and reduced congestion and increased jobs. • The designation of I.H. 35 as the main artery of the NAFTA • • Superhighway System will establish a landmark for major U.S. trade corridors. Also, it means increased job opportunities and stimulation of growth for counties and communities along the route. i "Dedicated to Qualify Service" • • r 4GWnNo. Page 2 4Qerda1 Dale SUMMARY: Coalition efforts have provided a historic opportunity for countless counties, cities and communities to unite for a common goal, which will enhance and preserve a trade and transportation corridor of truly international significance. Due to the fact that 74 percent of all goods traded between the U.B. and Mexico are transported on I.H. 35, it is Imperative that the new demands facing I.H. 35 are met. Respectfully submitted: L yd V. Harrell City Manager Prepared by: Linda Ratliff Economic Development Coordinator 1 . • • 0 • a • B.AAFLA.FES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE NORTH AMERICAN FREE TRanF AGREEMENT (NAFTA); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North American Free Trade Agreement (NAFTA) will create the largest market for goods and services in the world, a 6.5 trillion dollar market consisting of 370 million people; and WHEREAS, by the end of this year, NAFTA is anticipated to create 200,000 additional export-related jobs, which on the average pay 17% more than jobs related to domestic trade alone, stemming from increased exports to Mexico; and WHEREAS, Interstate Highway 35 (I.H. 35) is the sole, central land artery linking Canada, the United States and Mexico, and represents a terrestrial river of trade through Texas, spanning over five hundred (500) miles and twenty-one (21) counties, from Webb County on the U.S.-Mexico border to Cooke County on the Texas- Oklahoma border; and WHEREAS, the I.H. 35 Corridor Coalition was formed to win from the Congress of the United States the International NAFTA Superhighway designation for I.H. 35 within the framework of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS, designation of I.H. 35 as the International N.4FTA Superhighway will lead to identification and elimination of barriers to international commerce and traffic, enhanced funding for upgrading capacity and safety, and reduced congestion. SECTION I. City of Denton strongly supports the efforts of the I.K. 35 Corridor Coalition and urges the designation of the twenty- one (21) county route of I.H. 35 through Texas as part of the primary north-south NAFTA Superhighway. Such designation will facilitate funding and improvements needed to expeditiously move goods and products through North America. SECTION II. City of Denton will widely distribute, disseminate and promote this resolution to the Coalition and City, County, State and Federal officials, such as the Governor of Texas, the Lieutenant Governor of Texas, the Texas Legislature's Speaker of the House of Representatives, the Director of the Texas Department • of Transportation, the United States Speaker of the House of Representatives, the Majority and Minority Leaders of both Houses • • of Congress, and key cabinet officials in the Clinton / Administration, who are affected by the intent of this resolution and begin to publicize the I.H. 35 NAFTA Superhighway designation in its economic development and marketing efforts. O 0 • _ a l7endaNo. - - SECTION III, That this resolution Wiall became 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 BY: • • c0 c DENT,ON ~ODpp00 000 0040 6> 4 ~ O 000: O CZ5 ZQ a ° ° M 0 3 0 4 ~p0 ti ~ ~ ~QQO o ~oo 000 Ono 050, CITY COUNCIL { 1 f ~ r D 9-: :r ~Q14AI RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DEI4CO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 3U, 1995; and WHEREAS, Article 1432e, Section 5, V.A.C.S. providAs that two voting members of the Board of Managerc of an Emergency Communica- tion District shall be appointed jointly by all cities and torns lying wholly or partly with the district; and WHEREAS, the City of Denton, Texas wishes to nomir:ate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION I. That the City of Denton, Texas hereby nominates as a member to the Board of Managers of the Emergency Ccmmun cation District of Denton County for a two year term to commence October t, 1995. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ♦ r, • • ~•Wli i.l Q6tlljaly er...~. TO: Cities in Denton County f~ FROM: Mike Pedigo, Executive Director DATE: July 13, 1995 RE: Appointment to the Denco Area 9-1.1 District Board of Manager Enclosed are copses of correspondence the district received from cities nominating persons to the Denco Area 9-1-1 District Board of Managers. Nominations to the board are the Wowing: Mayor Olive Stephens, Shady Shores Councilwoman Ronni Cade, Lewisville Ms. Sherry Schuyler, Oak Point The Denco Area 9-1-1 District requests each city in the district vote for one of the candidates and advise the district of its selection prior to September 27, 1995. Please send a copy of the enclosed resolution or minutes recording council action. The candidate with the most votes on September 27th will represent cities on the district board for a two year term beginning October I, 1995. Also enclosed is a copy of the memo sent to the cities in June outlining the selection process. If you have any ques dons please do not hesitate to call Lisa or myself at (214) 221-0911. Thank you for your support of the Denco Arca 9-1-1 District. • • • WATER SYSTEM AND WASTE WATER SYSTEM MUNICIPALLY OV aNo - - City of Pilot PointDa" P.O. BOX 457 PILOT POINT, TEXAS 73258 July 11, 1995 Mike Pedigo Executive Director Denco 9-1-1 District 250 S. Stemmons, Suite 260 Lewisville, Texas 75067 Re: Appointment to Board Dear Mr. Pedigo: The Pilot Point City Council meeting for a scheduled session last night, nominated Mayor Olive Stephens as a candidate for the Board of Managers. Mayor Stephens has been a dedicated member on this board and we believe would continue to be an excellent board member. If you need additional information feel free to contact me. Sincerely, ro yn rner City Administration i r JuL 1 Z • s %04' i • Y O . r di RTO MLLE June 23, 1995 Olive Stephens 101 Lakeshore Road Shady Shores, TX 76108 Dear Ms. Stephens: At a meeting held on June 20, 1995, the Town Council of the Town of Bartonville, Texas unanimously voted to recommend your re-appointment to the Board of Managers of Denco Area 9-1-1. Sinc ly, Annemarie Moore Town Secretary • ccs Denco Area 9-1-1 • i 3 1911 E. Jrirr Road. Bannnriile.Teiw 16226 (81714]0.4052 • A F S igendaNo. igandal gI~ City of Lake Dallas 303 Alamo St., P.O. Box 368, lake Dallas, TX 75065 817-497-2228 June 9, 1995 Denco Area 9-1-1 District 250 S. Stemmons, Suite 260 Lewisville, TX 75067 RE: Appointment to the Board of Managers Dear Sirs: The City of Lake Dallas would like you to consider the re- appointment of olive Stephens, Mayor of Shady Shores to the Board of Managers. She has served on the steering committee, the interim board and was elected to the Board of Managers. She is currently serving as secretary to the Board. Thank you for your consideration, sincerely, r - Jerry McCutchecn Mayor f JUN 1 5 I?I y x~~•~ PP1. ( 1 Y • e n :.'1 ,'til ...R'*;. .'J.M .:.e, . .~•..~x-...v.-w+..N,n.r. uv-,.eN✓.aA'^jK:f/!n'M QBDda No L-EWISI"ILLE tandaltam _ June 23, 1995 Mr. b1i.c Ped:EW , Executive Director Denco Area 911 District 150 South Stemmons Suite 260 Lewisville, TX 75067 Dear Mike: At the Juft 19, 1995 City Council mceti,og, the Lewisville City Council nominated Deputy Mayor ['to Tem Ronni Cade a; a randidate- 1o represent the municipalities on the Ckwo Board of Matuigers. Mrs. Cade did not Wish to alt3ch a resume with ibis nomination. Sincerely, n , Many Hendrix, MCJAAE • • I 1117w.Mtn9 C* PO. 00 219002 • U.11YtW. %W 750241002 (212) 2143400 FAX (214) 2140411 -y' . • ~ • , / . 1h L fi .phi 1.1~ r 1 ~ r • r • I i~ •4r ..1'['L.1 w11'IYi,y'.1.1.,.n `.:Efi 1r;4 :ii'J•"':j4i`.1'.JY .L.+,Yi':I M.eMAWar ...r...w .n~~.. AUG-17-1995 1546 DENCO PREA 911 DISTRICT N?112 P.02 ~ Orate CITY OF OAK POINT 100 NAYLOR RD. OAK POINT, TEXAS 75069 214-294.2312 214-292-2312 TO: Deoco Area 9.1.1 District DATE: June 12, 1995 RE: Appoinarcm to the Deno Arta 9-1 .1 District Board of Ma *pn The City Council of the City of Oak Point, Texas would lite to nominate Sherry Scbuyler, entober on the PMWog and Zoning Committee for Oat Point, as a candidate to mpmseot the municipalities on the Deno Ara 9-1-1 District Board of Managm for the two year term beginning October 1, 1995. Passed and Approved by the City Council on July 11. )"S. Harold Bowden, Mayor ATTEST: Sharon Harper, City secrebuy • i e 7 J, rrrrd • I o • r C DENTON oooo 0000 000 <9 OF D 40 orl At, 0 0 © o ~ o o ° o 0 D y p0 Opp ooOG o N, ~ 00 ~o0000000 o • CITY COUNCIL r • • • r . * lie RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH 6 SAFETY CODE 5 772.309; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been pre- sented the 1995 Financial Plan of the Denco Area 9-1-1 District for approval, in accordance with TEX. HEALTH & SAFETY CODE S 772.309 (Vernon 1992); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves the 1996 fiscal year budget of the Denco Area 9-1-1 District. SECTION II. That this resolution shall take effect immediate- ly from and after its passage. PASSFD AND APPROV°D 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: ~ I i • h o • ~Ga3?Jam DENCO AREA 9 -1 - 1f • 250 S. Stemmons, Suite 260, Lewisville, Texas 75 Phone/T'DD (214) 221 -0911 FAX (214) 420-0709 Dear Denco Area 9.1-1 District Customer. Accompanying this memo is one of the best budget packages that any 9.1.1 district has ever produced. It was accomplished by the staff of our district, utilizing input from the board of mangers, the jurisdictions that Denco serves, and the telecommunications professionals that answer the tens of thousands of cells routed to them by Denco each month. In order to keep abreast or the growth -if one of the most dynamic areas in the nation, Denco's budget serves the present emergency telephone demands while plannirg for the future. This Is being done for the some 3% of basic telephone service fee established when the district was created. A new stale-of-the-art switch is being tested for Implementation during the upcoming fiscal year that will serve the residents of Denco's district better at a lower cost. Property is being acquired with plans being made for a facility owned by the district Instead of paying rent. All these combine to serve you with the level of service you desire in a fiscally responsible, responsive, and accountable manner. This year will see the beginning of the sixth year of the provision of Enhanced 9-1-1 to the residents of the district. Due to the responsiveness of the board of managers to your concerns, and through the hiring and retention of the highest quality staff merrtl',ers, the district's history is uneventful even though Denco 9-1-1 phones will have rung over a half-million times when this proposed budget Is implemented. Our pledge to you Is to continue the dependable provision of an emergency telephone reporting network just as has been done since the first Denco 9-1-1 call was received on August 18, 1990, Thank you for your continued support as we work hard to connect you with help when you need it the most. The Denco Area 9-1-1 astricl Board of Mangers requests your governing body consider favorable approval or the enclosed Fiscal Year 1996 Financial Plan. Enclosed is a sample resolution you may wish to use. The board requests you consider the budget and send written confirmation of your action to the district prior to the end of September 1995. As always, feel free to call on the district staff or any of the following board members for assistance, Thank you for your continued support of the Denco Area 9-1-1 i I. 4' 011' • Sinc ely, Chief George "Rand " Corbin, Chairman . 4kjlen Groff, Y i an Ma~ I' phery , ecr ary Chief Don Franklin Robert D. Stephens Denco Area 9.1-1 District Board of Managers 1 MEOW • a • Agotarla i Dm SECTION I PREFACE Letter from the Executive Director SECTION 2 DISTRICT OVERVIEW Bs.;kground Information District Structure btission, Goals and Objectives SECTION 3 C FISCAL YEAR 1995 REVIEW FY 1995 Financial Plan Review FY 1995 Budget Highlights FY 1995 Budget Review SECTION 4 FISCAL YEAR 1996 PLAN FY 1996 Strategies FY 1996 Financial Plan Overview • Summary of Cost Classifications SECTION S ANTICIPATED REVENUES AND • PROPOSED EXPENDITURES • • Schedule 1: Summary of Anticipated Revenues and Proposed Expenditures Schedule 2: Anticipated Revenues Schedule 3: Proposed Expenditures Schedule 4: Fund Balance Projections o • aoenda~ta~--~--- SECTION 1 PREFACE Letter from Executive Director • 0 • • • 0 • Acer>Q3ttiu - A erijoltemrr DENCO AREA 9 - 1 - 1 ~JSMC_T___ C 250 S. Stemmons, Suite 260, Lewisville, Texas 75067 Phone/TDD (214) 221-0911 FAX (214) 420-0709 lop Dear Participating Jurisdictions, On August 18, 1995, citizens living or visiting the area served by the Denco Area 9-1-1 District will have enjr.yed five years of enhanced 9-1-1 service. The emergency communications system, established and maintained by the district, will have facilitated over one-half million 9.1.1 calls. The professional telecommunicatofs receiving the calls for assistance will have staffed the nine public safety answering points around-the-cock since the beginning. Over the past five years, telecommunicators have consistently provided excellent service :o callers. Four lelecommunicators have been awarded the coveted "Tetecommunicator of the Year" award for the State of Texas. Several others have received the "Silent Hero' award, also given by the state. The popular lelevision program, "Rescue 9-1-1" has featured several episodes of actual heroic rescues within the distract. As the Denco Area 9-1-1 District approaches its sixth year of providing enhanced 9.1.1 service, it has its most aggressive year planned since the Initial implementation, of the system. In the next fiscal year, the distract plans to complete the Implementation of the most state-of-the-art sevective routing system available, build an office and training facility that will allow the district to better serve tetecommunleators and the district as a whole, develop plans and specifications for the replacement and upgrade of the 9-1.1 answering equipment throughout b,e distract and work with state -ind national groups to develop and make available enhanced 9-1-1 for wireless (cellular) caiiers. The following Denco Area 9-1.1 District Fiscal Year 1996 Financial Plan prov,des for all the J projects mentioned in the previous paragraph, along with others outlined in the document, at ft same service fee rate that the district h.s enjoyed since its inception in 1968. The emergency service fee rate In the Denco Area 9-1.1 District (3.0%) is tht third lowest In the State of Texas. Only the Harris County (2.2%), Sexar County (2.2%) and Tamint County (2.0%) districts have lower rat )s. Moreover, Schedule 4, in Section 5 of the financiol plan, projects the distract to be able to ccnlinue providing excellent service at the some rate through the eril of the century. The success of the Denco Area 9-1-1 District over the past five years is duo, for the most part, to the strong leadership provided by its board of managers, appointed by you. The board has boon fiscally responsible with the districts finite resources and at the same time responsive to the needs of the customers it serves. Thank you for your continued support of the Denco Area 9-1-1 District. If the district can ever be j of assistant,:, please do not hesitate to tali. j Sincerely, Mike Pedigo Executive Director • 0 • I- O • J, J AQ~3No _ ~ _ BAQdES9 UM._ 'may SECTION 2 District Overview Background Information Structure of Denco Area 9-1-1 District Mission, Goals,. and Objectives I t • 'i1?1 !.G I ly''~"Y < < 'era. i • • 0 DENCO AREA 9.1-1 DISTRICT X18 C' District Overview Background Information What is E9-1-1? Enhanced Nine-One-One (E9-I-1) is a single, easy-to-remember number used when reporting emergenci:s to fire, police and emergency medical service providers. The E9-1.1 system, operational in the Denco Area 9-1.1 District, is designed to automatically route any 9-1-1 call, placed from a stationary telephone within the district's geographical boundaries, to the proper public safety answering point (ASAP) responsible for dispatching emergency services to the caller. The district serves the City of Carrollton and all of Denton County, except for that portion C of the City of Dallas within the Denton County. Calls to 9-1.1 from a wireless (cellular) telephone within the district are automatically routed to a PSAP. However, currently no technology is available to provide the location or telephone number of the caller to the PSAP. 9-1.1 Terminoloav 99-i-1. Nine-one-one is an easy-to-remember, easy-to-dial three-digit emergency telephone • number developed to provide citizens a reliable, fast and convenient way to access fire, police, or medical service providers in the event of an emergency. District. Denco Area 9-I-1 District, the entity that provides enhanced 9-1-1 service in • Denton County, was formed following an August 1987 special election in which 81% of the • • voters favored its creation. The district is governed by a board of managers appointed by participating jurisdictions. 1 i Y • 0 • r r ' ~•au~,Ga'tem C District Overview Page 2 Enhanced 9-1.1. The system operational in Denton County that provides selective routing, AM and ALI (defined below). Currently technology is not available to provide E9-1-1 to cellular callers. Pte. Public Safety Answering Point. The location of the equipment used to answer 9-1.1 emergency calls. The following are the nine (9) PSAPs that currently answer 9-1-1 calls in the Denco Area 9-1.1 District: City of Carrollton Police Department City of Lake Dallas Police Department city of Penton Police Depurtment City or Umis% ille Police Department Denton County Shaifrs Office City of The Colony Police Department Town of Flower Mound Polite Department Unix ersity of North Texas Police Department City of Highland Village Police Department Selective RoutinZ. The s stem that provides automatic routing of 9-1-I calls based on the C caller's location to the appropriate PSAP without the caller having to determine which public safety agency to call. ANT. Automatic Number Identification. The feature that allows the callees telephone number to be displayed on a console at the PSAP. ALT. Automatic Location Identification. The feature that allows the caller's name and address to be displayed on a screen at the PSAP, • Database. The information accompanying a 9-1-1 call at the PSAP. The information provided is the caller's name, address and telephone number, as well as the emergency service • providers designated to respond to the caller's address. { Public Safety Telecommunicator. The individual answering the 9-1.1 call; trained to C communicate with persons seeking emergency assistance and with agencies and individuals prodding such assistance. • _ • .r P 1 s • - a • i AgIMho _ Agcndaltatrt~..._ District Overview SIB _ Page 3 Benefits of E9-1-1 The E9-1.1 system has enhanced the ability of emergency service providers to save the lives and property of citizens in the Denco Area 9-1.1 District. Some of the benefits of the emergency communications system provided by Denco are the following: Only one three-digit number (not many seven digit numbers) to remember in an emergency situation. - The 9-1 -1 call is routed to the proper agency responsible for dispatching help to the caller. . 9-1-1 calls are answered by trained telecommunicators. (In the Denco Area 9-1-1 District, telecommunicators are trained to pro%ide emergency medical dispatch, thus reducing response time for medical emergencies.) Telecommunicators have the equipment and training necessary to communicate with hearing/speech impaired callers. The callers name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the callers address, is automatically provided to the telecommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecomm nicator has the ability to dispatch help to the caller's location that is provided by the E9-1-1 system. - ANUALI information provides a means to control and reduce prank calls. - The public education programs associated with E9-1-1 promote citizen awareness and involvement with emergency service providers. - The E9-1-1 system enhances local govemments ability to meet the ever growling public expectation of emergency services created by popular television programming. The E9.1.1 system is designed to allow PSAPs the ability to directly transfer a caller to another public safety agency or poison control center. Structure of the Denco Arez 9-1-1 Di tri Leeislation During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which provided for the creation, administration, expansion, funding and dissolution of emergency communications J districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation by which the Denco Area 9-1-1 District operates. i ti. dN 0 • "f. ~ Y+d>v v~ar~`7.~ct~~YF,~'b3,p1EYj(~::~~~. • O • VondaNo 4gondallem lice - - District Overview Page 4 Purpose Section 772 302, Texas Health and Safety Code states the purpose of the Act to be the folic ving: To establish the number 9.1.1 as the primary emergency telephone number for use by certain local ga anmcnt+ in this state and to encourage units of local govenamcnts and combinations of those units of local govanment to develop and improve emergency comrrnmication pmc,)dures and facilities in a manner that will make possible the quick response to arty person calling the telephone number 9.1-1 seeking police, rue, medical, rescue and other emergency services. Creation of Denco Area 9-1-1 District On August 8, 1987, Denton County held a special election to confirm the creation of the Emergency Communications District of Denton County and authorize a 9-1-I emergency service fee, not to exceed three (3%) percent of the base rate of the principal service supplier per service year per month, to be charged by the district for the purpose of establishing E9-1-1 in Denton L County. By a margin of 13,086 to 3,024, the voters favored the creation of the emergency communications district ARer the special election, the city and county governing bodies within Denton County passed resolutions of p,lticipation. The resolutions stated that the city or county would become a participating jurisdiction in the district pursuant to the provisions of the i Emergency Telephone Number Act. The participatingjwisdictions of the district are the following: • Argyie Hackbcrry Little Elm Aubrey Hebron Marshall Crock Bartonville Hickory Crock No thlake Carrollton Highland Village Oak Point Copper Carron Justla Pilot Point • Corinth Kruger ille Ponder Corral City Krum Roanoke • Cross Reads Lake Dallas Sanga Denton Lakewood Village Shady Shad Double Oak Lewisville The Colony Flo«er Mound Lincoln Park Trophy Club Unincorporated Denton County p spy f N p~ 9 Yy~P{ ~r h °~fi x.161 a • :;LfM~3NJ - Ad„~t)3;te District Overview: C Page 5 On December 8, 1987, the district's board of managers ordered the levy and collection of the emergency fee to commence with the January 1988 billing cycle. The board ordered the service fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee for basic levels of telephone service charged to customers in the district were capped at 5.27 for residential customers, 5.71 for business customers and S 1 13 for trunks. (The same cap remains in effect today.) On June 28, 1988, the board of managers named the Emergency Communications District of Denton County, Denco Area 9-1 -1 District Structure Board of Manaeers. The board of managers is the governing body for the Denco Area 9-1.1 District. The board is appointed by the county, participating cities and the Denton County Fire Chiefs Association. The currant board of managers is made up of the following members: I Board Member B alt Chief George R. (Randy) Corbin, Chairman Denton County Fire Chiefs Assoc. Dr. Allen Groff, Vice Chairman Participating Cities Ma)or Olive Stephrns, Secrctary Denton County Commissioners Court • Chief IAxr Franklin Participating Cities Robert D. Stephens Denton County Commissioners Court McIvin Willis GTE, Advisory Board members serve staggered two-year terms and are eligible for reappointment. • The Emergency Telephone Number Act states "the board shall manage, control and administer ' • • the district. The board may adopt rules for the operation of the district." The legislation also allows the board to appoint a director of communications (rzecutive director) for the district who • 4oeWaNo. District Overview kgndaIam. Page 6 Co;e saves as its general manager. The director, with approval from the board, provides the staffing necessary to carry out the purposes of the Emergency Telephone Number Act. ion . The Denco Area 9-1-1 District's staff is responsible for performing all the duties that may be required for the district to accomplish its mission within the framework provided by the board. The district has five staff members. The organizational chart of the Denco Area 9-1.1 District is the following: C Par5dpa&Q Jutisdic%ns L Board of Man&;m" Executlve Dtredor ~poratlons Pubie Education I Man er T Ma r • Ad+nlnistrative dMk6ft" Assistant i2sw ' O • f, l x+ • ~ rtl ..H.. apt ' i4,~'K • 0 • District Overview Page 7 Mission. Goals and Obiectivgg Mission The Denco Area 9-1-1 District has defined as its mission: To establish and maintain 9-1-1 as the primary emergency telephone number for the Denco Area 9-1-1 District and enhance the ability of local goverronents to respond to calls for emergency help. Goals and Objectives Each of the operational areas of the Denco Area 9-1-1 District's organizational structure has an identified goal and a list of specific ongoing objectives required to accomplish the goal. The achievement of these goals will assist the district in accomplishing its mission. Board of Managers. The board of managers' goal is to provide the policy, direction and C control mechanisms necessary to assure that the Denco Area 9-1.1 District accomplishes its mission within the financial resources provided by legislation. Ongoing objectives are the following: Represent the interests of member jurisdictions, emergency service providers and users in defining district's mission, goals and objectives. 1 Provide the policies and direction required to set a definite course for decision making. - Monitor the financial position of the district to assure compliance with the approved financial plan and to assure long-term stability. Evaluate requests for system upgrades, enhancements and capital expenditures; insuring that the board's action falls within the scope of the district's financial plan and mission statement. - Evaluate the effectiveness of the executive director in managing the operations of the district. Administration. The administration goal is to manage the Denco Area 9-1-1 District in an r ~ objective, efficient, cost effective and responsive manner. Ongoing objectives are the following: • Administer the Denco Area 9-1-1 District, and the public funds entrusted to it, in a manner that assures compliance with applicable legislation. - Implement the directives and policies of the Denco Area 9-1-1 District Board of Managers. • a • r Ap6nOa Mo _ _ [lase _ C District Overview Page 8 - Provide 9-1.1 service in a cost effective manner through research, planning and efficient use of 9-1-1 service fees. - Monitor legislative issues that may have impact on the funding and/or operation of the district and take appropriate action to protect the interests of the district. - Represent the district at appropriate local, state, and national meetings. - Prepare and manage the district's operating budget in a manner that is responsive to the needs and desires of local public safety agencies yet provides long-term financial stability. - Evaluate the effectiveness of district staff in accomplishing individual and district goals and objectives. - Remain abreast of changing technology that may provide short-term and long-term enhancements to the network and keep board advised of changes that may affect district operations. - Represent Denco in discussions and negotiations with telephone companies and private switch providers serving the district - Actively encourage communication and interaction among emergency service providers, member jurisdictions, community groups and the Denco Area 9-1-1 District. - Prepare and distribute monthly board of managers agendas, providing the board with the C information required to make informed decisions. Public Education. The public education goal isto inform potential users about the availability and to promote the proper use of the 9-1-1 system. Ongoing objectives are the following: - Design and implement effective 9-1-1 public information and education programs that focus on the specific needs and special interests of targeted gro,rps, including those with communication barriers. - Seek opportunities for presentation of 9-1-1 information thrcugh community outlets. - Provide support, acknowledgement and recognition of the significant contribution made by district telecommunicators. • - Assist with the development of school curriculum materials concerning handling of emergency situations. Trainirt . The training goal is to provide a program that enables PSAP personnel to effectively use the 9-1-1 system. Ongoing objectives are the following: - Evaluate emerging technology and its impact on training nods. Offer initial and ongoing training for district telecommunicators on a regular basis with attention to special needs, Assure that training programs sponsored by Denco meet or surpass state and national standards and provide telecommunicators with professional development opportunities. II; Ilk ~'•u' 1-4 ;gendaNo iqudaltetq . t . - `t` District Overview Page 9 - Develop, update and distribute training materials and information about training opportunities. - Monitor training issues, enhancements and trends; evaluating and recommending those beneficial to the district. Qp=ion . The operations goal is to provide the most effective, reliable and technologically advanced 9-1-1 system possible within the district's available resources. Ongoing objectives are the following: - Provide a dependable voice and data network that will, during normal peak demand, route all 9-1-1 calls to the correct public safety answering point (PSAP). - Monitor statistical data and error reports; recognizing any trends that may indicate dr:abase or network problems. - Monitor the use of the 9-1-1 system; identify, research and implement measures that make the system more efficient and effective. - Facilitate the flow of information between member jurisdictions, public safety answering C points, and telephone companies in a manner that will achieve a database accuracy level of 99%. - Evaluate the needs of each PSAP as it relates to the entire district and recommend systems that match the PSAP s and district's requirements. - Maintain a contingency plan that provides alternate rooting for 9-1.1 calls during a PSAP evacuation or system failure. • Vin' s O • i NOe+idaN9 MIA SECTION 3 FISCAL YEAR 1995 Review FY 1995 Financial Plan Review FY 1995 Budget Highlights FY 1995 Budget Review I 1 • ~ 4 t • 0 • Agenda No.. FY 1995 Financial Plan Rcview AgcadalleRt~._____ Dale Sumnia During Fiscal Year 1995 (October I, 1994 -September 30, 1995) the Denoo Area 9-1-1 District will accomplish most of the objectives outlined in its operating budget submitted last August for consideration by participatingjudsdictions. Two disappointments during the fiscal year were the failure of legislature to pass legislation providing funding for the implementation of enhanced 9-1-1 technology for wireless telephone callers and legislation providing limited immunity for telecommunicators and local jurisdictions prodding emergency medical dispatch. In addition, the district is disappointed the implementation of the new tandem network was not completed, as scheduled, in the first quarter. The digital system will provide more efficient routing of 9-1-1 calls at a lower cost. The delay in implementation is due to the failure of the system to pass the rigid testing required. It is expected that the system will be approved and operational by the beginning of Fiscal Year 1996. Even though the district fell short on a couple of goals this year, there were a significant number cf highlights. Some of the highlights are listed below. l FY 1995 Highlights Some of the highlights of the district during Fiscal Year 1995 are the following: Prodded the equipment, network and data for 125,000 calls to the 9-1 -1 network. Coordinated with participating jurisdictions and telephone service providers the flow of information to maintain a database -=uracy greater than 99 percent. Coordinated the implementation of Enhanced 9-1.1 service using private switches at five new apartment complexes in th : district. Coordinated the implementation of Enhanced 9.1 -1 on 0e Texas Woman's University (TWU) campus as well as the installation of a secondary PSAP at the TWU PuLc Safety Department • - Coordinated the now of master street address guide (MSAG) information from the county to the local telephone companies. Worked with Denton County Public Works to develop a ma;ntenance program for the { county's addressing system. ! Implemented new computer link for database mainteiance with Southwestern Bell • and "Beta" tested system for GTE. Worked with telephone companies to improv. the average writ around time for error • • t reoorts from 10 days to 5 days. Developed hot lest procedures, speed dial lists and contingency routing plans for implen ewation of new selective routing system using the Denton DMS 100/200 digital central office r . _ O . FN' 95 Review Page 2 Agc9daNo,_..._ its--- • Coordinated the testing and implementation of the new selective routing netw-)rk using the latest technology. Provided monthly statistics to PJAP managers documenting total number of 9-1-1 calls, the usage of circuits, the frequency of calls from different telephone exchanges, the dates and times of heavy call volume, the average time required to answer calls, the number of abandoned calls and other pertinent management information. Added three additional answering positions at the Caroiituo answering point. Recognized the accomplishments and dedication of telecommunicators from throughout the district during National Telecommuiticator Week (April) and 9-1 -1 Day (September). Designed and distributed 40,000 end of school year safety reminders to students, kindergarten through fifth grade Participated in 14 community festivals and health and safety fairs providing hands on practice for reporting emergencies, - Sponsored a trip to Austin for five telecommunicators, from across the district, who were honored by statewide recognition as "silent heroes". Provided basic telecommunicator training for 17 new telecommunicators and advanced training in communication with the deaf and hearing/speech impaired callers for 24 students Provided more than 3,750 preschool and elementary school students the opportunity 4 to practice 9.1.1 calls utilizing toe district's 9.1-1 lea~ting unit. Developed program for refresher training for telecommunicators in conjunction with the testing and implementation of the new digital network. Sponsored and/or coordinated advanced training for telecommunicators including Spanish for Telecommunicators, Careflhe Procedures, Emergency Management Planning, Stress Reduction, Hazardous Materials Planning and Emergency Medical Dispatch. Worked with state officials in the development of proposed legislation for the provision of statewide emergency medical dispatch, the funding of cellular access to Enhanced 9-1-1, and the update of state 9-1-1 legislation. Developed and had approved a Records Management Plan for the district in accordance with state legislation. Purchased a site for a future office and training facility. 1 • FY 1995 Budget Review Summa nc The approved budget for Fiscal Year 1995 was amended by the board of managers in July to match the actual estimated revenues in expenditures and to better project the end of year financial position of the district. The following outlines the amendments to the budget: Accounting Chances At the suggestion of the district's audit firm, Denco revised its classification of costs to match the audit report format. 1. The PSAP equipment that was capitalized in the past was moved to Direct Services. 2. Denco classified only fixed assets as capital expenditures. 3. The district expensed the equipment, as well as fixed assets, when purchased and removed depreciation and amortization. Anticipated Revenues C 9-1.1 Service Fee Revenue - There is little change between the budgeted and amended. 2. Interest Revenue - Interest Revenue is greater primarily because of the delay in the tandem project. The distrir.t earned interest on funds that were planned to be expended early in the year. 3. Other Revenue - Denco is expecting a refund for a database service overcharge. 1 PrQposed ExpodiWmi 1 Personnel - There is no change in Personnel expenditure. • 2. Operations - The primary reason for the decrease is the movement of expenses from operations to capital expenditures for '^coun ;a purposes. 1 Direct Services - There is little change. The rep= for the increase is the delay in • ;roplementing the tandem, therefore the decay in the decrease of recurring costs. 4. Capital Expenditures - The primary reason for the large decrease is the change in f accounting, as well as the failure to implement the tandem project and Trophy Club's decision not to install a PSAP, i Following is a spreadsheet summarizing the amendments to the budget. • O • a • ~gca4aNo DENCO AREA 911 DISTRICT FINANCIAt~+•u.:a•. (AMENDED) „Summar Anticipated N t ue o ose' e y,of y,4 jl 11"4 I ea OW,, H9.4 'H W" M~ 9 BEGINNING OF YEAR FUND BALANCE $131,177 $40u,1n -7.19% ANTICIPATED REVENUES - 9.1.1 Service Fee Revenue $860,051 $860,208 0.02% Interest Revenue $10,200 $21,239 10823% Other Revenue $4 $24.212 NIA TOTAL ANTICIPATED REVENUES $870,251 $905,666 4.07% PROPOSED EXPENDITURES C Personnel $217,110 $217,110 0.00% Operations $97,864 $88,081 -10.00% Dirac'. $*Mces $459,750 $484,475 5.38% Capital Expenditures $,12$.102 ;AUH 41.26% TOTAL PROPOSED EXPENDITURES $1,097,906 $560,178 -22.56% REVENUES OVER EXPENDITURES {$227,655) $55,498 -124.38% END OF YEAR FUND BALANCE i2Q3.i22 1483.97 123,22% Note: Stated Fund Balance does not Include Investment In Fixed Assets. I e It reflects available cash to meet budgeted needs. , • • Fund Balance Includes both designated and non-designated funds. a.. • A A o-)da No Wl0 - SECTION 4 FISCAL YEAR 1996 PLAN FY 1996 Strategies FY 1996 Financial Plan Overview Summary of Cost Classifications 1 3 3 s Jt • A • Denco Area 9-1-1 District Agx?ddaNo. Fiscal Year 1996 Financial Plan A da!fa FY 1996 Strateeigg As the Denco Area 9-1.1 District completes its fitih year of providing Enhanced 9-1-1 to the citizens of Denton County, it looks forward to the first major upgrade of the system, as well as the district's steps toward long-term financial stability. The primary focus for the upcoming fis_ d year will be the implementation of the digital selective routing system. Denco has worked for three years in the planning, developing and testing the new digital technology. Once on line, the district will be in it position to immediately decrease its selective routing costs. It also will hive the platform in place to provide the latest technology available when it begins replacing the 9-1-1 PSAP equipment in Fiscal Year 1997. A secondary focus in Fiscal Year 1996 will be the design and construction of a district office and training facility The facility will be located on a parcel of land purchased this year in Lewisville. The commitment to a permanent facility will provide for long-term financial savings, as well as a training facility with operational PSAP equipment available for basic and advanced telecommunicator training. In addition to the major projects, the Denco Area 9. 1.1 District has identified the following specific strategies f o r F Y I 996. Ord of Manacers I Evaluate requests for capital expenditures and system enhancements in a manner that will be both responsive to district needs and consistent with the financial plan. 2. Provide direction for on3oing long-range planning for the Denco Area 9-1-1 District. 3. Be represented at the annual meeting of the National Emergency Number Association. 4. Evaluate current policies for the provision of equipment at Public Safety Answering Points (PSAPs). • 5. Develop a plan for the replacement of PSAP equipment beginning in FY1997. 6 Evaluate, select and contract for architectural and construction services rr4uired for the design and construction of the district office and training facility. 7. Consider plans, specifications, proposals, etc., related to the planning and construction of the office and training facility. 8. Evaluate independent personnel compensation study and develop a plan that will • both attract and retain qualified personnel. , • • i • 0 • ap • Ap3ndalta;;~_ FYI 996 Strategies Page 2 Airni 'r ti 1. Provide all the information necessary for board of managers to make informed decisions 2. Make recommendation to board of manab s on capital expenditure and system enhancement requests based on specific need and financial impact, 3. Evaluate the functionality and dependability of the digital selective routing system and database so as to obtain complete confidence in the system before accepting. 4. Coordinate the selection of professional services, design and planning, contractual negotiations and construction of district office and training facility. 5. Evaluate emerging technology for PSAP equipment and recommend a plan for equipment replacement to the board of managers. 6. Implement approved Records Management Plan, Public Education 1. Introduce the 9-1-1 fox mascot character for children and incorporate the mascot in use of the learning units. 2. Continue the "Make the Right Call" campaign to reduce misuse of the 9- 1-1 C system. 3. Develop a method for evaluating and improving the effectiveness of 9-1.1 learning units in the class room. 4. Develop marketing strategies and public education programs addressing the needs of Spanish speaking citizens. 5. Continue public education campaign focusing on the need to display newly assigned addresses for rural residents so that responders can easily identify the location of an emergency. 6 Publish and distribute six issues of the district newsletter, 7. Replace 9-1-1 signs at city/county limits, as needed. g Trainin • 1 Conduct a needs analysis to determine priorities for specialized training in the upcoming year, from the viewpoint of supervisory staff and telecommunicators. 1 Coordinate and sponsor training that enhances the telecommuncators ability to respond to 9-1-1 calls. 3. Pi' ,t and refine a more interactive format for Basic 9-1-1 Training-Equipment and Procedures Class • 4. Provide staff support to PSAPs participating in the emergency medical dispatch • • quality improvement and continuing education programs. 5. Develop local resources for EMD Continuing Education and expand the base for participation. f • r - to • f FY1996 Strategies AQ4tIdBISEftj^..,..,r- Page 3 X19,_ 6. Increase the district's role as repository for audio/video training materials. 7. Assist with the design of the district's office and training facility. 8. Conduct refresher trainin- at each PSAP in conjunction with the implementation of the digital tandem. 9. Evaluate training requirements for emerging technology in PSAP equipment and assist executive director in development of a plan for its replacement. ratio 1. Continue to work with Denton County Public Works Department in the development and maintenance of the rural ad :ressing project, 2. Monitor the 9-1-1 B forms, error reports, etc.; identil, ring database problems and insuring that proper maintenance procedures L9 in pl :ee. 3. Work with telephone companies to assure a turnarow..4 time fe MSAG changes and 9-1- l B reports of 99% within S days, 4. Provide daily reports on flu status of outstanding MSAG changes and error reports. 5. Monitor the efficiency of the digital selective routing systems. C 6. Test all contingency routing plans at least once durng the fiscal year. 7. Coordinate the impleme-station and testing of all private switch 9-1-1 contracts, 8. Evaluate emerging technology in PSAP equipment and assist executive director in developing a plan for replacement. i i • b ~ V r • • r FY 1996 Financial Plan Overview The Fiscal Year 1996 Financial Plan provides funding for D+nco to meet both the long term and short term goals and objectives that have been outlined in this document. The beginning fund balance is $252,000 larger than projected in the FY1995 financial plan because expenditures were significantly less than projected. The first reason for the decrease in actual expenditures is the failure to complete the implementation of the digital selective routing system on schedule. The initial cost of the system was budgeted at 3220,000. This expenditure has been delayed and will be spent in FY1996. In addition to the failure to implement the tandem on schedule, the Town of Trophy Club postponed the installation of a communication center. The district, therefore, did not expend the funds to purchase additional PSAP equipment. The Trophy Club project was budgeted at $30,214. Two major projects planned for FY 1996 are the completion of the selective routing project and the design and construction of district office and training facilities. These two projects will provide both long term financial stability, at the low rate the district enjoys, and the platform for the latest technology as the district begins replacing its PSAP equipment in fiscal year 1997. Anticipated Revenues \ The proposed FY1996 financial plan provides only a 0.78 percent increase over the estimated revenues projected in the amended FY1995 plan. The breakdown in revenues is the following: 9-1.1 service fee revenue is projected to increase by 4.05 percent over the amended FY 1995 plan. This is a conservative projection based for the current year. The state 9-1.1 commission is in the process of auditing the accounting function of telephone companies and the district may see some small changes in its expected revenue after the audit. Interest revenue reflects a large decrease because the district expects to complete the implementation of the selective routing project during the first quarter, therefore decreasing the invested funds avai0le to earn interest. Other revenue is miscellaneous revenue received during the fiscal year that was not projected and not budgeted. During the current fiscal year Denco received a significant adjustment to prior year selective routing costs. Proposed Expenditures Proposed expenditures in FY 1996 are expected to increase over the current year by 43.86 percent. e The primary reason for the large increase is the delay in implementation of the selective routing • • J project and the construction of the district offices and training facility. The district has been resening funds for several years for the purchase of the selective routing system and the office and training ` ~`t • w • 1~S,~Gafdo. _ Ag~n~ralEar2~ C FY96 Overview Page 2 facility. The following are highlights of each expenditure category: ► Personnel costs are proposed to increase by 113.82 percent during fiscal year 1996. The district proposes to reclassify two positions to better match the actual function they serve in the district. These two positions are the upgrade from a Receptionist to it Administrative Secretary and the upgrade from Administrative Secretary to Administrative Assistant. The Administrative Assistant will be changed from part time to full time. Operation costs ki: a expected to be 14.67 percent above the amended budget for FY1995. Primary reasons for the increase are telecommunications, postage and professional services. The district will be adding an additional phone line for online access to the 9-1-1 database. The district's postage has gone up consistently each year. This year the district will be paying additional shipping charges for public education material provided by the state. Increases in professional services is primarily the purchase and training for a mapping software so that the district will have online access to the county's rural addressing database. The district will then be able to print maps for database purposes when passing information to the telephone f companies. > Direct smicea are proposed to increase by 28.47 percent. The hicrease will be primarily due to the purchase of the selective routing program. Once the system is on line the district will immediately realize a decrease in the recurring cost for selective routing. ► Capital expenditures are proposed to increase by 317.34 percent increase over the current fiscal year. This increase is mostly due to the purchase of a site and the construction of an ciM-. and training faciCry fcr the district. Denco has been planning for this move since fiscal year 1992 and setting money aside for the cost the past two budget years. The budget provides for the complete purchase of the land and $170,600 toward the design and construction with the balance being financed for five years. Summa • Schedules 1 through 4 in Section 5 provide a breakdown of revenues and expenditures by category. Schedule 4 provides an overview of the district's financial plan through the year 2000. All projections are based on the following assumptions: • The three percent service fee rate, capped at the 1988 amount, will not change. j • O Net service fee evenue will grow at a rate of five percent per year. This growth is primarily due to the rapid growth of Denton County. 1 • rti ' • ApUal. FY96 Overview Page 3 ► The selective routing project will be completely operational during the first quarter of fiscal year 1996. ► The district will begin replacing PSAP equipment in fiscal year 1997. The district projects it will spend an additional $150,000 per year in direct services for the purchase of PSAP equipment. Deno will design and build an office and training facility in FYI 996 and finance the building for five years. The proposed Denoo Area 9-1-1 District Fiscal Year 1996 Financial Plan will allow the district to enhance its ability to serve the citizens of Denton County with the most technologically advanced system available at the same low rate set in 1989. C • ~ 41( r J.i-. ~ b 4 ~t.t LIr • I " A • C SUMMARY OF COST CLASSIFICATION, Fiscal Year 1996 Budget 5100 PERSONNEL Includes staff salary, health care and retirement benefits. Also included are costs of temporary personnel, state unemployment tax workers compensation insurarwo, and emplacr's contribution to Medicare. 5200 OPERATIONS Includes overhead costs for ongoing 9-1-1 emergency network support services. 5210 Communications Includes telecommunication, printing/publishing and posiageshipping costs necessary for the district to disseminate information. C Telecommunication cost includes local and long distance office telephone service, pager, and telephone equipment expense. Printing Publishing includes all costs of outside printing, binding, collating, design, layout, photography, an %-A-, and similar costs related to the preparation and publication of printed material such as letter head, newsletter shells, envelopes, business cards and video presentations. This also includes the purchase and reproduction costs of maps. Postage Shipping includes all general and overnight postage, insur ice, freight, delivery, meter rental and other elated costs except when postage and shipping are included in the total purchase prict of a specific item. 5220 Emendable Sugplics • Includes the cost of routine expendable office supplies, safe deposit box rental, and commercially available software Supplies also includes the cost associated with li hosting meetings, special recognition, expression of congratulations and sympathy and other miscellaneous expenditures. 5230 Professional Seniccs Includes the cost of legal fees, accounting services, independent audit and professional development cost for conference registration, tuition reimbursement, reimbursement paid to new, employees as part of recruitment agreement, and staff training. Includes cost of all scrvict, repair, support and maintenance incurred alter • a • r , y.ti p.iGu C Summary of Cost Classifications 4 FY 1996 Page 2 initial purchase of furnitu+e, ftxtums, office computers and equipment. Includes replacement components and labor expense for such repairs. 5240 Office Space/Maintenance Includes cost of lease payments for efface or storage space. Alsa includes wility, maintenance and repair expense for office or training facilities owned by the district. 5250 m rs-hipjj&criplions Includes individual and organizational memberships to professionat organizations such as National Emergency Number Association (NENA), Association of Public Safct. Communications Officials•International (APCO), and American Society for Training and Deeeiopment (ASTD). Includes subscriptions to newspapers, periodicals, information services, technical support publications and the purchase or rental of books, videos and recordings. 3260 t i ing Includes the cost of public sen ice anrx uncetnents, required legal notices, public meeting notices, solicitation for bids, job announcements, and other costs related to the media. 5270 Insurgric Includes gcmcral habihh, errors and omissions, property and other insurance for the district board and staff. 5280 r N ut Includes costs such as, but not limited to, mileage reimbursements, airfare, food, lodging, local transportation, parking, telephone, etc. when such costs ore reasonable and when they are incurred in conjunction with board and authorized staff travcl or official business within the district. This includes costs relaW to traticl for national and stale conferences and meetings, as well w legislative activities. This also includes an auto allowance for professional staffs' use of personal auto We conducting district business within the metroplex. 5300 DIRECTSERVICES Includes all costs attributed directly to the equipment, network and database required to route calls to public safety answering points. A lso included arc direct costs for public education and training for telecommunictitors. • • whe~j C Summary of Cost Classifications FY 1996 Page 3 5310 PSAP Equipment and Service Includes non-recurring and monthly recurring costs for 9- 1-1 equipment network, database and around the clock repair and service for the system as well as language into prctation and other services Also includes all upgrades to the 9-11 system. 5320 E&ic Education lmludos the &%clopment, purchase and distribution of public information and education materials for special focus groups and the district at large. Also includes costs for special functions such as National Teixommunicnior Week recognition, 9-1.1 Day activities, etc. 5330 Trrainir Includes cost for materials, space rental, guest speakers fees, etc., associated with meeting the training needs of 9.1.1 call-takers. Also includes expenditures for materials that provide opportunities for PSAPs to enhance operations. 3340 Pr&ivate Snitch Exp rs Includes all direct costs associated with the provision of enhanced 9.1.1 service for callers using private telecommunication serv ice. 5400 CAPITAL EXPENDITURES Includes all capital expenditures for the purchase of fixed assets such as land, building, furniture, futures and equipment. 5410 LAnd A Includes all costs associated with the purchase of land including purchase price, real estate commissions and all related professional fees. 5420 Bqildia Includes all costs associ ued with the initial construction or purchase of a building including all construction costs, professional fees and service and permits. Als'r + • includes debt service felt associatei with the asset. 5450 Furniture and Fixtures Includes purchase price plus all expenditum related to the shipping, freight, transportation `net instcllation of fumiture and fixtures. j - A i q;on~atio - Agcr,~~iie Summary of Cost Classir"Cons FY 1996 Page 4 3460 F4uipm The cost of equipment includes the purchase price plus all expenditures connected with the acquisition and installation of the equipmea The equipment may be located in the district office and training facility or elsewhere in the district C J .1 y l • P • ~LIhL11J~ - SECTION 5 ANTICIPATED REVENUES AND PROPOSED EXPENDITURES Schedule 1: Summary of Anticipated Revenues and Proposed Expenditures Schedule 2: Anticipate I Revenues Schedule 3: Proposed Expenditures Schedule 4: Fund Balance Projections • • Br • SCHEDULE 1 Ault, to+~ DENCO AREA 911 DISTRICT FINA ttPLAN" - k Summary of A604ipat6d e n 'F1 8Ct+i BUDGE c BEGINNING OF YEAR FUND BALANCE $431,177 $400,177 1465,6711 93.67% ANTICIPATED REVEN 'ES 9.1-1 Se~wice Fee Revenue $860,059 $860,206 $693,067 405% Interest Revenue $10,200 $21,239 $17,700 •16.66% OtherReveuve 20 224,214 24 WA TOTAL ANTICIPATED REVENUES $870,251 $905,666 $912,767 0.76% PROPOSED EXPENDITURES L Personnel $217,110 $217,110 $247,126 13.62% Operations $97,664 $66.0:1 $1001999 14.67% Direct Services $459,750 SW,47S $622,It4 26.47% Capital Expenditures 5.323,122 2ri0.542 22i2.WQ 317.34% TOTAL PROPOSED EXPENDITURES $1,097,906 $850,165 $1,223,038 43.66% REVENUES OVER EX?ENDITURES ($227,655) $55,498 ($310,271) 459.07% END OF YEAR FUND BALANCE 520LS22 2453.87 1145-404 26.09% • Note: Stated Fund Balance does not Include Investment in Fixed Assets. • It reflects available cash to meet budgeted needs. • Fund Balance Includes both designated and non-designated funds. ey • O x n • r , SCHEDULE 2 DENCO AREA 911 DISTRICT FINANCIAL PLAN -MOMIll E. 9.1.1 SERVICE FEES GTE $725,032 79.43% Southwestern eon $139,623 15,30% Sprint $21,936 2.40% Century 522,3511 2AS% Telephone Company Adminstrative Cost {$16,179} •1.99% Uncollectible ($935) -0.10% Private Switch Service Fees $5,346 O.S9% Private Switch Administrative Costs MM 4.01% TOTAL NET TELEPHONE REVENUE $895,067 $8.06% C INTEREST REVENUE Operating Funds $1,200 0.13% Invested Funds 11SIM 1.61% TOTAL INTEREST REVENUE $17,700 144% OTHER REVENUE Miscellaneous Revenues Over Expenses to L22% TOTAL OTHER REVENUE $0 0.00% • TOTAL REVENUE $912,767 a 100.00% x 1 ~r~ . 4~in • Eta • r A; rn yard. SCHEDULE 3 DENCO AREA 911 DISTRICT FINANCIAL PLAN p,10 ~ f~ M " A 1tf ~+r i e u iu~ r,~+1yypine'x+~le ~~e ~y yY; A a+ a~y. e1 ~ 34~~IYCP I VI~~ 9~.. PERSONNEL 6110 Salaries $196,632 16.06% 6120 Benefits $49,493 4.03% 5130 Other Personnel Services 9].044 0.0915 TOTAL PERSONNEL $247,125 20.21% OPERATIONS 5210 Communications 5211 Telecomrnunkatlons $9,667 0.76% 6212 Prlntkg $1,684 0114% 9213 POstapeshlpplng $2,775 0.23% $220 Supplies $4,190 0.34% 5230 Professional Services 4231 legal tervicee $9,000 0.74% 9232 Accow" tervk s $500 0.04% C 6233 rwepwWwwlAudi $2,760 0.22% 6274 ProlessWaiDeveiopment $5,060 0.41% 5236 Other Prolassionalaarvkes $10,162 Uj% 5240 Office SpacefMaintitnance $22,259 3.73% 5250 Members hipslSubscriptions 6251 memberships $976 0.07% 5262 Subscrlpnons $713 0.06% 5260 Advenisir.9 $200 0.02% $270 Insurance $5,124 0.42% 5280 TravellAuto 6291 Travel $14,150 1.16% use Auto Allowance 912.444 LM TOTAL OPERATIONS $100,999 6.26% DIRECT SERVICES • 5310 PSAP Equipment and Service $592,368 48.43% 5320 Public Education $21,739 1.7C% 5330 Training $3,900 0.32% 5340 Private Switch Sit 94.442 LM TOTAL DIRECT SERVICES $622,414 $0.69% CAPITAL EXPENDITURES 6410 Land $76,000 6.38% • $420 Building $170,000 13.90% $450 Furniture and Fixtures $750 0.06% 6460 Equipment $3,760 LM TOTAL CAPITAL EXPENDITURES $252,500 20.66% TOTAL EXPENDITURES - $1223,os6 _ 100.00% • Y :s r1 y.~ UNION@ ti • f , ~N SCHEDULE 4 DENCO AREA 911 DISTRICT FINANCIAL. PLAN REVENUES Net Service Fee Revenue 1110,M6 8"A61 1676,124 4081411 #11479,1#1 SIA17.660 Interest Revenue 121176 1%7,100 810,004 114,000 110.14 SUM Other Revenue 124111 11 it it at 11 TOTALREVENUE 1106.16 1112rir 168,120 a»1011 11.0",16! 11,09 111 EXPENSES Personnel 1717.111 1247,121 8261,431 1212,717 8211,124 1700,161 Operations 844,011 1160.90 664,162 Mee 161,"1 Mll" Direct Services s4K4?i s622,414 8661491 8671.61 1617,724 "11.221 Capital Expenditures 19197 212491 49940 UM 1]191 11099 TOTAL EXPENSES 815011" 91.227,071 16"A49 8662,+#2 1109,re1 11.061,81 FUND BALANCE Beginning of Year Fund Balance wa,171 5464,171 4146,404 1121.11 11261i11 1116.61 Net Revenues Over (Under) Expenditures 86514" 18210,271) (827,68) 84,610 820,441 87xAO End Of Year Fund Balance MUM ti]l1.191 112t.i1f tULLIA &WA LULMf Note: Net telephone revenue will prow at 5% par year beginning FY 1996. Capital Expenditures Includes debt retirement for office and training facility for 5 years. Direct Services Includes $150,000 per year for PSAP equipment repiacernont beginning In FY 1997. j i Ml,a oa i C i, r~ `M L w tB • u • C DENT ON ODp 0000 000 OF 000 ~ ~ 00~p O~ © o © o M3 D ~ Opp 0ti 0 2' , N 00 ~ ~'O00 , o~oo 0aoooo~oo CITY COUNCIL ~ . . mmomm Mal • p r CITY of DENrON, rEXAS MUNICIPAL 3UIt DING 215 E McKINNEY s DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM DATE: September 13, 1995 TO: Mayor and Members of the City Council FROM: Betty McKean, Executive Dim'lor Municipal Serviccs/Economic Development SUBJECT: Economic Development Transition Committee Attached is a summary list of the nominees to the Economic Development Transition Committee (EDTC). Also attached is the letter and information sent to each of the City Council's nominees. We will provide you with copies of any resumes or letters of qualification received prior to September 19th. Our office will so prepare a formal letter confirming membership to your final four appointees after the September 19, 1995, City Council meeting. Please .ct me know if you have any questions. t J McK E ecutive Director Municipal Services/Economic Development { "tedicated to Quality Scrnice" • ~ps~daNo ECONOMIC DEVELOPMENT TRANSITION COMMITTEE mm JEFF KRUEGERs JERRY COTTs 1. CARL ANDERSON 1. ED SMITH 2. DICK SMITH 2. DICK SMITH 3. HARRY HALL 3. HARRY HALL CARL GENE YOUNGi EULINE BROCKt ' 1. CARL ANDERSON 1. RANDALL MCDONALD 2. DICK SMITH 2. ED SMITH 3. ED SMITH DAVID BILKS: JACK MILLERt 1. HARRY HALL 1. TROY LAGRONE 2. ED SMITH 2. BOB COPIXN 3. CARL ANDERSON 3. CHARGES STAFFORD MAYOR CASTLEBERRY: 1. BARBARA RUSSELL 2. DERRELL BULLS • s vH • I a • CITY of LIMON, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEYo DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 September 13, 1995 Dear At the September 12, 1995, City Council meeting, your name was nominated as a potential appointee of he soon tc, be formed Economic Development Transition Committee (EDTC), and a copy of your resume was provi led to each Council member. The transition committee is being established tc perform an indepth study and rtake formal recommendations regarding the formation of an Economic Development Corporation (EDC) for the City of Denton. 7 he LDTC will also assume all responsibilities and charges of the ctuxent Chamber of Commerce Economic Development Advisory Board. The EDTC will be a very important and prestigious committee, as it will play a major role in shaping Denton's economic development program. On September 191h, the City Council will make a final selection of four appointees from among L ose nominated. Concurrently, the Chamber of Commerce Boaru of Directors is going through similar process and will appoint three members to the EDTC on September 22nd. Thus, the EDTC wili be comprised of seven members, the decision to form an economic development corporation evolved from one of the key recommendations outlined in the PHIJ Fantus study. PITH Fantus, a major economic development consulting firm, performed a competitive analysis study of Denton earlier this year. the Fantus study was very helpful in that it identified many of Denton's assets. as well as areas where we will need to improve if we are to be competitive in the economic development arena. Rich regard to the structure of our economic develor, tent program. Fantus specifically recommended we streamline the existing twenty-plus member Economic Development Advisory Board at the Chamber and consider establishing a separate economic deveiop,nent corporation. • • J "Dedicared roQrilrry Sender" • O • 0 • ~1 of l - _ -__Page 2 As you may already know, there has been a formal contractual partnership between the Chamber of Commerce and the City of Denton since 1986. The primary goal of the seven-member EDTC will be to provide the bridge from the existing program while considering the formation of a new 50103 cot oration, thus the term "transition" committee. Attached is a copy of the recent amendment to that contract. The City Council has directed that the primary charges of the EDTC be completed by January 31, 1996. An excerpt of the charges, as outli.:,,l in the contract, follcw: b) Study other economic development charters and make choices of positive aspects of each that would lend to successful formation of economic development wrgx ration. C) Tour the most successful EDC's in the 1Jn.ted States and develop recommendations of best structure for Denton and outline results-oriented goals for the first year work plan. g) Prcsent justification for corporation charter at joint meeting of City Cour~:il t id Chamber of Commerce. The remainder of the ED,rC s charges will be completed ty Merch 31, 199(-. They are as follows: a) Develop Economic Developn ent Corporation ("EDC") mission✓operating principles. d) Determine long-range financing ofeconomic development pn -an: and EDC operation. Assess potential success and funding opportunities under both &ectioro 4A as well as 4B of Article 5190.6 Vemons Tcx. Civil Statutes to ensure all opportunities tinder the law are reviewed. If positive, develop strategy bnd campaign, and make recc minendation to City Council to call election. el Define roles with regard to financial rcsa^nsibi:ity and authority of economic development financial contributors (i.e., investors, City Council, Public Utility Board), f) Obtain counsel for promulgation of charter for EDC. h) Present justitication for to ,g-range financing of EDC programs at joint meeting of City Council and Chamber of Commerce. i) Draft internal operating policies for final adoption by the EDC. • • • j) Recommend detailed line item operations budget for first year activities related to estab- lishment of EDC. k) Hire experts/consultants for expeditious and professional implementation ')f sho i tc-m ~ i objectives, i.e., financial analyse:,, team building, and econon.,, development constants econometric models. • 0 • 1) Develop economic development program operational performance indices. m) Continually work at strengthening coalition with investors of economic development program. n) Develop and provide written bi-monthly status reports reporting on the progre.r of the above-mention td tasks, and on expenditures to the date of the report. Provide the Chamber, Board, and the City Council with a written repor•.,..o Icier than January- 31, 1946, unless that date is extended by mutual written agreement of the parties. That report must have the EDTC's recommendations and findings concerning the formation of an EDC, thereby completing charges (b), (c), and (g) on page two of this agreement. C) if the EDTC concludes that the formation of the EDC is justified and in the best interest of the entire community, it shall provide the Chamber Board and 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, with recommendations and findings regarding the remainder of the charges. The final report will include, without limitation, recommen- dations for the proposed organizational structure, a proposed budget for the EDC, 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. Membership on the EDTC may demand a great deal of time and may include limited travel. If you wish to provide a statement of your qualifications or resume for review by the City Council, please feel free to do so by September 13. The statement of qualifications and/or resume can be mailed to: Office of Economic Development 215 E. McKinney Denton, Texas 76201 If you have any questions regarding the committee's charges or responsibilities, you may call your Caancii person or: Betty McKean, Executive Director, Municipal Services/Economic Development Linda Ratliff, Economic Development Coordinator (81 1) 566-8305 Sincerely, rr Bob Castleberry Mayor I ~ w • QUESTIONS REGARDING MEMBERSHIP ON THE ECONOMIC DEVELOPMENT TRANSITION COMMITTEE 1. How will 1 be notiflcd if I am appointed to the F.DTC? The nominating Council member will contact you personally after the formal appointment by the Council on September 19th. You will also receive a formal noticr the first meeting at that time. 2. What is the kick-off date for the first meeting? It is tentatively proposed to hold an initial briefing shortly after October 1, 1995, to go over scheduling, the work plan, logistics, and a general orientation. Another follow-up, all-day workshop on Denton related economic development issues and programs will be scheduled. 3. Will There be an orientation? Yes. There will be an initial intensive orientation to ensure that all members have the history of the economic development partnership as well as a briefing on the findings of the PHFI Fantus study. It is anticipated that this orientation could be an all day session. During this session, a detailed explanation of the specific charges will be made. 4. How often will the Committee meet? A proposed work plan will be presented to the EDTC members. After discussion and approval, that work plan will then become the basis upon which the schedule of meetings is established. Due to the fact that there is an ambitious set of objectives, it is anticipated that there will need to be a regular schedule of meetings in order to meet deadlines as set by the City Council. • S. What if I cannot attend all the meetings? Serious consideration should be given to the time investment that will be necessary and the critical task at hand as you are making your decision as to whether you will be able to participate, A high level of commitment will have to be made to your fellow participants • in order for your work to be completed on time. It is expected that some of these • • meetings could be several hours long. Once the committee is formed, those details will be ironed out. It must be understood that this is a working committee. • 1- • .2- _ 6. How will the chair of the committee be selected? The committee will select their own chair from among the seven members. 7. What happens if I am appointed Chair? As Chair you may be required to: o Attend additional planning sessions with the staff liaison to the committee o Call the meetings o Keep the committee directed toward its charges o Facilitate the meetings o Negotiate impasses o Direct the documentation of the summary of findings o Present the findings to the Chamber Board of Directors and the City Council S. Will I be required to travel to perform the duties necessary In this role as a member of the EDTC. One of the charges to the EDTC is to tour successful established economic development corporations (EDC's) in the country. Whether all members of the committee go on each of the interviews and on-site tours will be decided by the committee. 9. If It becomes necessary for me to travel on EDTC related business, who will make the travel plans and pay for these expenses? Travel arrangements will be made by City and/or Chamber staff, and authorized expenses will be paid for out of the economic development operations budget. 10. Will I have other out-of-pocket expenses? All EDTC related materials, supplies and expenses will be provided through the economic development operations budget. Expenditures will be reviewed and approved • by Chuck Carpenter, President of the Chamber of Commerce. 11. Will the Committee have authority to hire outside experts or consultants? Yes. In order to successfully complete the charges of the City Council and the Chamber Board, the EDTC is authorized to hire consultants and experts in the field of economic • development, organizational design, etc. Approval for cost of such expenditures is • • subject to review by the President of the Chamber of Commerce. As part of their research, the EDTC may also invite outside speakers to educate themselves on a variety of topics, i.e., experts on 112 cent sales tax legislation, EDC officials from other locations, bond counsel to look as issues such as tax increment financing, Enterprise Zane experts, etc. • a • 12. How can I personally benefit from being on the EDTC? There is no financial remuneration for membership. Your participation on the EDTC will provide you with a unique opportunity to make a major contribution to your community. The recommendations that are formulated by the EDTC will play a pivotal role in decisions about the City's economic development program and subsequent economic health. The EDTC membership will give you a significant forum in which to share your business expertise and creative ideas as operating principles and management philosophies are pramulgated. From a personal standpoint, your participation on the EDTC will add to your bank of knowledge about very technical and complex issues related to the economic development and financial arenas. You will be playing an integral role in being part of the inner circle of those who will lead this community to a higher plateau of business and financiA success. 13. If I am appointed to the EDTC will I also be appointed to the Board of the Economic Development Corporation? Not automatically. The actual formation of an EDC and its membership will not be determined until after recommendations of the EDTC are reviewed atd considered by the Chamber Board of Directors and the City Council rometime in 1496. The number and profile of the EDC members will be determined based on a review of the proposed structure and funding methods. • I • w , ~r r 5ry. ; '..t.7qi~,}~,,`'f i ~a'1 v3+~ Y~t h. • ~`~t wr MJ~r~,t'w'T.~k~ir ~ A ..~77 • - a • E:\1PoOCt\ORO \C~WIYEII .tO - ORDINANCE NO. S ' S7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORISING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO AN AGREEMENT BETNEEN THE CITY OF DENTON AND THE DENTON CHAFER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVILOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorised to execute Amendment No. 2 to an Agreement between the City of Denton and the Denton Chamber of Commerce for the purpose of providing for a program to promote economic development ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION 12. That that certain resolution passed by the Chamber of Commerce on the 22nd day of June, 1995, a true and correct copy of which is attached to thin ordinance and Incorporat- ed by reference herein, is hereby approved, subject to the torus and conditions of this ordinance and the attached Amendment No. 2 to the Agreement. SECTION IiI. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /„S4h day of 1995. '40V A BO C STLEBERR , ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY. a APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY BY. ~ /vi U161 • 0 • • F AgJ ,a~,wl,••----•.. AN3NDIMNT NO. 2 TO TBS AGRSS?RNT BSTWXXN TES CITY 01 DSNTON AND TES DSNTON CEANBRR OF CONNnC3 THE STATE OF TEXAS 5 COUNTY OF DENTON 5 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, 1995, 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 of researching and recommending the best structure for an Economic Development Corporation ("EDC") and to develop the charge to the EDC. ARTICLE I. 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 V this Agreement, the Chamber shall maintain an office of Economic Development ("Office"). I ARTICLE II. I That the City and Chamber hereby amend Article 2 "Economic • Development Committee Created" of the Agreement, as amended, to r read as follows: 2. Economic Development Transition Committee Created. In order to promote a program for economic development, the parties • a • agree that an Economic Development Transition Committee ("EDTC") will be established and seated no later than October 1, 1995, unless this date is extended by mutual agreement of the parties. The members of the EDTC, who shall represent the di,werse interests of the community, shall be composed of seven persons, four of whom will he appointed by the City Council and three of whom will be appointed by the Board of Directors of the Chamber. No employee of the City or the Chamber and no elected official shall be appointed to the EDTC. The members of the EDTC shall select one of their membere as chair and shall adopt their own rules of procedure. The EDTC will replace the current Economic Development T.dvisory Board ("Board") and assume all responsibilities, duties and author- ity previously assigned to the Board. In addition, the EDTC is charged with accomplishing the following tasks: I) 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 and document recommendation of best structure and outline results- oriented goals. d) Determine lc :g-range financing of economic development program and r,DC operation. Assess potential success and funding opportunities under both Sections 4A as well as 4B of Article 5190.6 Vernons Tex. Civil Statutes to • ensure all opportunities under the law are reviewed. 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 Board). • • f) Obtain counsel for promulgation of charter for EDC. Page 2 • ~v g) Present justification for corporation charter at joint meeting of City Council and Chamber of Commerce. 1. Present justification for long-range financing of EDC programs at joint meeting of City Counci, and Chamber of Commerce. i) Draft internal operating policies for final adoption by the EDC. J) Recommend detailed line item operations budget for first year activities related to establishment of EDC. k) Hire experts/consultants for expeditious and professional implementation of short term objectives, i.e., financial analyses, team building, and economic development consultants econometric models. 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 the Chamber, Board, and the City Council with a written report, no later than January 31, 1996, unless that date is extended by mutual written agreement of the parties. That report must have the EDTC's recommendations and findings concerning the formation of an EDC, thereby completing charges (b), (c), and (g) on page two of this • agreement. o) if the EDTC concludes that the formation of the EDC is justified and in the best interest of the entire communi- ty, it shall provide the Chamber Board and 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, with recommendations and findings regarding the remainder of the charges. The Page 3 } • • i 1. ' final report will include, without limitation, recommen- dations for the proposed organizational structure, a proposed budget for the EDC, 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) Determine appropriate physical location for EDC headquar- ters. c) Conduct recruitment and make selection of CEO. d) Hire experts/consultants for expeditious and professional implementation of short term objectives, i.e., financial analyses, econometric u,^dels, land planning, development specialists, engineering, public relations, team build- ing, and economic development consultants. e) Develop and implement five-year strategic plan, I f) Set measurable first year goals and establish priorities for tasks. g) Prepare pay structure, organizational design, job • descriptions, performance measures and incentives. h) Monitor performance results and conduct performance reviews of CEO. i) Develop annual operating business plan and maintain • performance indices. Review quarterly and make adjust- . • ments. Page 4 • o • J) Continually work at strengthening coalition with inves- tors of economic development program. k) Adopt internal operating policies. 1) Publish annual performance report. m) Analyze and publish coat/benefit of efforts. n) Develop periodic comparative analyses, i.e., land purchases, infrastructure expenditures, etc. I o) Establish business retention and account management activities. p) Develop and market industrial parks. q) Meet with major land owners/developers to determine desire, interest and plans for development. r) Obtain firm market prices on parcels of land available for industrial development. s) Send requests for proposals to national brokers for development of industrial parks. t) Purchase, if appropriate, land and develop specific buildings to meet goals. U) Establish linkages with higher education institutions and implement strategies to better leverage university research and educational aesets. V) Interview corporate CEO's and invite input to process and survey as to need for customized training programs. w) Establish technical training center. 0 x) Establish brand image and develop marketing campaign. • J Y) Establish and strengthen strong ties and relationships with Dallas and Fort Worth chambers and the North Texas Page 5 , r. • O ~ ~ ) {~R Y11 Y1y f. f»15~~.~ SSf I,.\~ i/ii, ~i 11 a" Y~1'~1~~, • 0 • Commission. Z) Participate actively in metroplex MIDAS group. aa) Develop firat-class marketing video. bb) 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. cc) 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: 4. Snoort Services 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 shall 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. • A-y funds provided by the City pursuant to this Agreement shall retained in an account separate from the Chamber's general aerating 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, which shall be subject to inspection by the City at O all reasonable times. • • The Chamber Economic Development Office shall provide monthly status reports to the City on the progress of the i Page 6 0 0 • Fa 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 Development Program and, at that time, determine whether to continue appropriations to support the office the following 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 tiriginal program goals. ARTICLE V. That save and except as amended hereby, that all tha terms and conditions, sections, sentences, paragraphs, and phrases of the Agreement, as amended, shall remain in full force and effect. 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 nn this day of 1995. i i BOB CASTLEBERRY, MAYO I Page 7 i • ~ p ^^I yl.Vyr~~Il~~~~~r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 AP D A. TO LEGAL FORM: HERBEP,T L. PROUTY, CITY A ^Npy BY:~ DENTON CHAMBER OF CO MRCE BY: 4 def~t 4 Charles W. Carpe er ATTEST: President BY: /v(1 I d EECRE Y 1 1 1 \KPD0C5\F\CXAM0RA [D7 Page 8 • 0 4 2qD 0 c0 DENTON oooooaoooD o000 004 ~ ~°oO 00 A, Op0 00 G ~ ~ r a a CM c: 1'• O O Q Q O Opp~~ ~~.O~O 0000 r o N ~ ti D0~ °oaonooaoo°° CITY COUNCIL 0 C i ~r ,awlaa i'.J • . .r~i^.'r Lti~' .••i.. ♦ . J:r •:-r o!~'._1'1.'.n.n'Ni•-Nlr-!.Jhr Y{.wJ•.:Y.n W.•Y'1.•I\•~ww4. 51 DOE! 40519 MY OFDENTON TEXAS MUNICIPAL BUILDING ~ DENTON, TEXAS 78201 • TELEPHONE 817.5684309 Office of 1Ae CIry Seaelaty MEMORANDUM DATE: September 14, 1995 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments Council Member Brock has nominated Dick Waters to the Sign Board of Appeals. The following is a list of current Board/Commission vacancies: Electrical Code Board - Trenton Williams was not eligible fir 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 Tam Biles. Anita Creech has asked to be removed from the Downtown Advisory Board. This is a nomination for Council Member Cott. If you require any further information, please let as know. it', A/0 A J n er arm y Sac etary i A00000F4 I "Dedicated to Quality Servke• A, •x • I w e HANDOUT TO COUNCIL 9/19/95 OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUZCIL FROM: SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT: Consider, deliberate and take action on the duties and evaluation of the Municipal Judge; consider, deliberate and take action on the resignation of the Municipal Judge; and discuss recruitment of a new Municipal Judge. DATE: September 19, 1995 PREFACE Pursuant to the City Council Agenda, we are here to discuss seseral matters. First of all, to discuss the duties of the Municipal Judge and to conduct an eraluadoo of the Municipal Judge. Secondly, to discuss the resignation of the Municipal Judge, and thirdly, to discuss, if necessary, the recruitment of a new Municipal Judge. As I bare stated to the City Council Members who contacted me upon receiving my resignation, "I did not mag to resign, but 1 believed I was being forced to resign because of issues which I have continuously brought forward and which were not being adequately addressed." 1 would request the opportunity to make a presentation on the duties and evaluation of the Municipal Judge, ven much like a "staff presentation. as is done. in other public hearings before this body. My intention is to provide you with a copy of the attached document and then to cover it in detail in my presentation, handing you Exhibits as we go along and putting those Exhibits on the overhead projector as they are addressed in this paper. Upon conclusion of this part of the agenda Item, ! would respond to any questions, and then I • believe any persons who wish to speak on this part of the agenda item should be given an opportunity to do so upon conclusion of my presentation and your questions and answers. 1 realize that this, of course, is within the Council's discretion. I hope that upon conclusion of my presentation, that those of you who are no to the City Council, who have not had an opportunity to hear all of the relevant and material facts, and those of you who are not new but who may have had one viewpoint as to the facts %IU be in a better or more • enlightened position to consider my proposal regarding my continued employment as your • Municipal Judge, and that you *111 then take action on my proposal, thus mooting the necessity to proceed to Pc-rts 2 and J of the Agenda Item. i • O W y I HONORABLE MAYOR AND MEMBERS OF T',E CITY COUNCIL September 19, i99S Pap two 1 tbaikk you in advance for your consideration. Respectfully submitted, Af"~~ Saodrs H. %Ue SKW-.c= 1 I I • • • • • • • 1. R ♦ I•JV Z'J y.1 +•AY•♦v•V4P.~~ t)'„ 5. • • PART 1: BACKGROUND On August 1, 1995, 1 submitted my resignation, (FAMbit 1 - Resignation Letter) effective September 1, 1995, then on August 9, 1995, I submitted a revised resignation, effective September 30, 1995, to facilitate diwussions on various issues affecting my employment as Municipal Judge and issues affecting the Court. (E=hlbk T - Revised Resignation Letter) Prior to extending my resignation Bite, I submitted a memo, dated August 7, 1995, to Mayor Pro-Tem Bites, listing some of my concerns and some of my solutions (Exhibit 3 - Memo to BUes, dated August 7, 1995) to the problems. Then after meeting with the Cky Council Municipal Court Committee on several oCCOSions, 1 submitted to the three (3) Committee Members on September 3, 1995, a memorandum, stating In more detail my requirements as It related to salary If, 1 were to stay on m the Judge (E:bibtt 4 -Letter to Comnddee, thtted September 3, 1995). This memo was brlefly discussed on Monday, September 11, 1995, in a meeting with the committee. The committee advised me that they could not and would not recommend to the full Council to accept my salary proposal. The committee was scheduled to make a report to the full Council at the Council meeting scheduled for September 12,1995, however, l submitted on • September 12, 1995, a request to discuss the matter In a public forum. The Item was removed from the Agenda of September 12, 1995, and set for a Public Hearing tonight, { September 19, 1995. (Exhibit S - September 12 Agenda) (Exhibit 6 - Letter to • City Attorney) (KWbit 7 - 9/14/9S Memo from City Attorney, re: Agenda • • 1 • _ w • r Item for 9/19/95) (Exhibit 8 - 9/14/95 Memo from Judge to City Attorney, re: Agenda Item for 9/19/95) (Exhibit 9 - 9119/95 City Council Agenda) PART II: JUDICIAL CONTRACT I think it is Important to begin with a brief review of my current employment contract. When 1 was first hired In October 1986, a contract was executed (Exhibit 10 - 1986 Contract), which was the contract that I operated under until July 26, 1994, when a Dew contract was executed. (Exhibit$ - July 19% Contrad). In my current contract, executed In July 1994, with an effective date of August 19 1994, and an expiration date of July 31, 1996, the contract, in paragraph 2, contairn a provision whereby the Judge's compensation would be reviewed annually. No specific time frame Is set other than "annually", at the time her performance Is reviewed by the City Council. There Is also no specific date stated, as to when the Council will review performance other than "annually". Since my last performance review was conducted In December 1994 (Eshibit 12 - 1994 Performance Evaluation and Exhibit 13 - City CauKU • Agenda of December 13, 1994), the Council, In my reading of the contract provisions, can at this time consider a performance review and compensation review. { • 1 would also point out that the contract on page 2, states "This agreemeat may be amended • • 2 • r' p • f , only by written instrument signed by both the City and the Municipal Judge." PART III: OUALIFICATIONS Before beginning a description of my job duties, let an describe my qualifications. (F.xWbk 14 - Resume) I believe a review and discussion of my resume will be sufficient. PART IV: JOB D I belleve that a true appreciation of my job duties is required to engage in any meaningful discussion of the value or this position to the City of Denton, First of all, let us beglo with the authority and the jurisdiction of the Court. The Court and Its related component parts, the Municipal Court Clerk's Office and the BaUiff are sU part of the Judiciary. The Judkiary is an entire, separate and independent branch of this governmenl. This authority is set forth In the Texas Constitution, Ankle 3, Sec. l (1891, amended 19111), The Constitution sets aside the judicial power within the state government system and gives it to the Courts. Judicial power is different from Executive and Legislative power. Just as the City has an Executive Branch, whose Chief Officer Is the City Manager, and the • Legislative Branch, who Is the City Council and Its Chief Legislative Advisor, The City Attoroey, so too, it has a Judicial Branch whose Chief Officer h the Chief Municipal Judge. As the Chief Municipal Judge, my job duties are enormous, varied and • complicated. • • 3 • w { To discuss each of these job duties in any significant way would require several hours, therefore, 1 will Ust them and discuss each one briefly. In addition to regular Municipal Court duties, a Municipal Judge Is also a Magistrate by virtue of the Texas Code of Criminal Procedure, Article 2.09. As a Magistrate, a Municipal Judge performs duties that are different from the regular duties a Municipal Judge performs. Munkipai Judges' share this Magistrate authority and duty with the Judges of the Texas Supreme Court, the Judges of the Court of Criminal Appeals, Judges of District Courts and County Courts. These magistrate d,rtks have increased and have been enhanced by virtue of laws passed by the Legislature over the last six (6) years. A. AMUNISMIEMDOW The Administrative part of the Chief Judge's position encompasses an array of duties. The operation of the Court is under the overall direction of the Chief Judge, who has the responsibility for assigning the judicial personnel of the Court and allocating the functions and workload of the Court support and clerical personnel. The responsibilities and duties of the Court Clerk Office are also administered by the Chief Judge as It relates to Court policies • and procedures. The Chief Judge has the responsibWty for organizing and scheduling Coue, activities, developing and maintaining policies and J procedures, allocating the workload and supervising the Court support • personnel. The Chief Judge Is also responsible for: , • » 4 • O • i I) Review of functional activities of the Court and development of organizational structures within th! Limits established by City Charter, Ordinance and State legislation, to conduct Court operations In the most efficient manner. 2) Formulation of local rules of practice and procedures for operating the Court. All procedures must be consistent with the Code of Criminal Procedure and may Include: a) designation of offenses which require a mandatory Court appearance; b) payment of penalties by mail, without an appearance; c) arraignment procedures; d) pre-trial bearings; e) docket calls; and method of docketing cases. 3) Development of administrative policies and procedure for the Court and Court Clerk's Office which are within the discretion of the Chief Judge. 4) Allocation of workload among the various judges. S) Facilitation of the judges' understanding and performance of their roll as judges and magistrates, 6) Preparation of the Color's annual budget. I 7) Preparation and oversight of the reports to the City administration and Texas Judicial Council. • S, MUNICIPAL JUDGE AND MAGISTRATE DynES • Some of the regular duties of a Municipal Judge and the Magistrate duties ® • S • r of a Municipal Judge are listed below: 1. Preside over non-jury trials--bear all evidence, decide all questions of law and render an appropriate judVrent; 2. Preside over jury trials--which Includes issuing a writ to summon a jury panel, ruling on challenges to jurors for cause, summoning additional jurors when an Insufficient number are not In attendance; administer oaths; reading of the complaint, preside over the conduct of the trial and rule on questions of law, order directed verdicts of not Rul ty; compile written jury charges and histrualons; and enter the verdict of the jury. 3. Take and record pleas; 4. Enforce the Court's judgments; S. Set and forftit ball la misdemeanor and felony cases; 6. Issue search warrants; 7. Administer magistrate warnings to Defendants charged with misdemeanors and felonies; S. issue summons in misdemeanor and felony cases; 9. Issue arrest warrants In misdemeanor and felony cases; • 10. issue verbal orders of arrest of persons committing a felony or breach of the peace In my presence; 11. Accept affidavits of probable cause in misdemeanor and felony cases; • 12. Appoint counsel wben required in misdemeanor and felony cans; • i 6 r- • h- a • 13. Conduct examining trials in felonies before a Grand Jury indictment is rendered; 14. Conduct emergency mental health commitment hearings and issue warrants for Involuntary hospitalization; 15. Conduct medical revocation hearings; 16. Conduct juvenile detention hearings when the Juvenile Judge is unavailable; 17. Issue building inspection warrants; 18. Issue process (subpoenas, summons, warrants and writs of attachment) to compel the attendance of persons as a witness; 19. Decide Motions to Quash, Motions for Continuance, Motions in Limminle, Motions for Discovery, Motions to Compel Production of Documents, Motions to Withdraw as Attorney of Record, Motions to ASjudicate Guilt, Motions for Indigency, etc. 20. Keep and maintain a docket and minutes of all proceedings had In the Court, whether misdemeanor or felony; 21. Consider direct and indirect contempt of court proceedings; ~i 21. Conduct driver's license suspension hearings and hearings under eM Texas Liability Insurance Statute; 1 23. Demonstrate compliance with the Code ofJudicial Conduct and ensure that all Court personnel adhere to those provisions of the Code made • applicable to them; • 0 7 4:. • 0 • r 24. Demonstrate a competence in the law affecting the position such as Penal Code, Code of Criminal Procedure, Alcoholic Beverage Code, Transportation Code, all City Ordinances, Education Code, Texas Government Code, Texas Local Government Code, Texas Constitution, U. S. Constitution, Family Code, Texas' Revised Civil Statutes, Attorney General Opinions, Texas Health and Safety Code; 25. Conduct emergency protective order bearings; , 26. Conduct juvenile magistrate warnings and the taking of juvenile statements; 27. Serve as at Magistrate for the State of Texas; 28. Ensure that all Judicial staff and Court personnel are informed about ethics and liability. 'i he duties listed :above are not described in detail and the list is not exhaustive. There an a multitude of tasks required to carry out these duties. Let me state that the in changes on a daily basis by virtue of decisions rendered by the Court of Criminal Appeals and other I appellate courts. The business of being a Judge requires keeping up with the changes and adapting our system to comply with those changes on a dally basis, oot to mention, making • drastic changes every two (2) years when the Texas Legislature meets. 1 In this legislative session alone, the Legislature passed over 100 new laws which are directly related to my position as Municipal Judge and as Magistrate, These new laws must be read • • 8 r • r In full, then dissected and then porkies and procedures drafted to implement those laws. In addition, many laws were revised which require a thorough reading just to delineate the sometimes obscure changes. In this year's legislative session, the Legislature placed more responsibilities on the Municipal Judge by mandating fur hearings to obtain an emergency protective order, and requiring the Magistrate to prepare special orders on bail bonds dealing with DWI cases. Just these two (2) laws alone will cause a significaot Increase In Magistrate duties. Last legislative session, the entire Penal Code was revamped which required major study and major changes in the Court and in the Jail, as we were making the change to Court of Record and finalizing our move to the DMC. The (,egislature also added Municipal Courts as a forum to bear truancy cases. In addition, I might point out that this Court also bean cases filed by UNT and TWU Police Departments and the DISD, whereas many Municipal Courts do not bear cases from anyone except their own Municipality and their own Police Department. • PART V: EVALUATION In evaluating my performance as your Chief Municipal Judge, 1 thought perhaps the best • method of handling this matter was to draw your attention to my prior performance , t • I 9 i I 1 ,y p • I evaluations, especially In light of the fact that we have three (3) new Council members, who have not been privy to even my last evaluation, moreless the eight (g) that came before It. Even some of the Council Members who have been on the Council for several years, have not been privy, to those prior evaluations and discussions. 1 will be distributing these evaluations to you as follows: Exhibit 15 (April 1987 Evaluation) Exhibit 16 (October 1987 Evaluation) Exhibit 17 (October 1988 Evaluation) Exhibit 18 (October 1989 Evaluation) Exhibit 19 (October 1990 Evaluation) Exhibit 20 (November 1991 Evaluation) Exhibit 21 (November 1992 Evaluation) Exhibit 22 (December 1993 Evaluation) Exhibit 23 (Member 1994 Evaluation) Suffice k to say, that I am not going to go over each of the evaluations In detail, but I do want to hlghligbt areas in each one for your consideration. • Now that we have discussed these prior evaluations, let me discuss with you Court operations which have transpired since my last evaluation in December 1994. 10 s ACT • 0 • i First of all, the most major development was the implementation of the court of Record Legislation. This legislation was implemented on August 16, 1994, to coincide with the Court's move to its' new facilities. In anticipation of the implementation of the legislation and the more to the new Court, an abundance of preparatory work had to be done, and after implementing the legislatiou, many policies, procedures and theories had to be continually tested and revised. Just to give you a glimpse of what took place, 1 am providing you with a copy of a memorandum discussed with all Court Personnel In April , 1994, regarding matters which had to be accomplished to implement the legislation. (ExMM 24 - April 11, 1994 Court of Rword Legislation Mono) This was a preliminary list and after all forms (some 200 or more) were revised by me, and tested and revised, and retested, many other matters, were still required such as revising all Court Policies and Procedures, (Exhibit 25 - Examples of Judicial Policy pirtxtives) and then implementation of a scheme to deal with the large volume of parking citations filed in the Court. Also during this time period, the Court implemented on a small scale a Work Release Program. * In September 1994 Immediately after implementing the Court of Record Legislation and moving (which was accomplished with no down time of the Court), the legislature revised the Penal Code, which required the Court to revamp many of its' procedures and policies • it had just Implemented, as to certain types of offenses. i r I1 ~ • 0 • _ m • Also from December 1994 to about October 1995, I was heavily involved in the process of the design and construction of the new Court facility---probably more involved that Betty McKean or Bruce Henington wished, but nonetheless, 1 believe my input was significant and helped us obtain a first class facility on a very tight budget. Another major process was the issuance of failure- to appear charges, which increased our caseload by fifty percent (50%) and also Increased warrant production by fifty percent (50%). The Court also had to establish additional dockets to incorporate the cases which would no longer routinely be appealed to a higher Court. Also during this same period of time, the Court was Involved In the Juvenile Diversion Task Force, and setting up counseling programs to facilitate the Task Force recommendations. As part of Its' recommendation, a Teeo Court Program was established and I was Involved to Its' formation as a cooperative effort between the City, County and School District. Also due to the Court's close proximity to the Police Department, the Judge's Office has Issued 348 arrest warrants to Detectives for various misdemeanor and felony offenses which has allowed them to spend less time looking for a Judge to issue a warrant. During the same time period, the Court hired a permanent part-time Judge and since this was the first • time such a position had been established, It caused additional work in assisting Council and the Personnel Department in how the position should be set up. (FiMM 26 - Memo, dated May 20, 1994, re: Hiring Salary, etc. of Part-17me Judge) and s (Exhibit 27 -Letter to Council, dated July 21, i , Rtgardiog Caatrad and Iz i i • 0 • 1 , Cootrad Problems) 1 have provided you with Exhibit 27 regarding the discussions about contracts, because this was a major source of contentieo, as was the employment conditions of the part-time Judge. One Council Member stated to me that they did not recall these matters being discussed as an issue of dissatisfaction, so hopefully Exhibit 27 wig aid the Council in Its' understanding of this Issue. Two (2) of my major areas of concern were the terms or office, and the deleting of the provision in my Contract which allowed me to engage In extra judicial activities such as lecturing, which was once again raised In my performance evaluation of December 1994. TxWblt 239 p. 9) Suffice it to say, that these contract negotiations and the hiring of a part-time Judge with no Judicial experience, at a time when we were heavily Involved in the Court of Record transition, the moving or our offices and implementing 1994 Penal Code cbanges was an extremely stressful time period and Instead of my receiving assistance as was requested, 1 was raced with the training or a new Judge, as well as having to take on the extra dockets created by Court or Record from August 1994, to November 1994, and from November 1994 until about April 199S because the new Judge was required to recuse berstif from cases which had been filed while employed In the City Attorney's Office. When this Judge resigned, 1 once again had to take over the extra dockets until a replacement Judge was hired. There were some additional matters raised by this position which caused great stress in the Court during an already stressful time period, and when I attempted to bring my 13 • • i I concerns to the Municipal Court City Council Committee, my concerns were, in my view, unwelcomed. Nonetbeless, I managed to survive this very chaotic period, and in the process, the Court handled over 24,11116 case; and generated an all time rccar'd revenue of $1,694,315 as of August, 1995, per the report supplied by the Court Administrator, Mr. Tom Josey, with FY 1995-96 budget revenues projected at a high 0 1.9 million dollars. (Exhibit 28 - Municipal Court Activity ERstory and Revenues) Now that you have some Idea of the work and the problems that 1 have been Involved with since December, 1994, 1 wish to discuss my compensation of 557,075.20---and to ad the record sbiftht, I do not receive a car allowance---I only receive $57,075.20 for all hours worked, and I work more than forty (40) hours per week and I work all holidays, and 1 never really get to take a vacation. Up until two (2) years ago, I did Jail ahnost every weekend, plus holidays, and every Monday through Friday, and I did almost all Court dockets plus I did all the administrative work, and up until then I rarely could take a day off much less a couple of weeks for vacation. • It is my position that I deserve a higher salary, and I believe based on all the data that a salary of $75,000.00 as I proposed in my September 3, 1995, memo (Exhibit 4) is • warranted, as well as, the request for a car allowance, pay for a portion of my unused vacation and pay as back wages or a bonus. I base this on the above described job duties I 14 i • • r - I, I i and evaluations, and the following exhibits which I will discuss: Exhibit 29 - Salary Survey of Chief Judge Salaries Exhibit 30 - City of Denton Executive Director & Director Salarks Exhibit 31 - City of Denton Executive Pay Ranges (Matrix) Exhibit A - City of Denton Glossary of Terms of Performance Pay Plans Exhibit B - Executive Compensation Summary/Overview Exhibit C - Non-Executive Compensation Program Overview Exhibit D - Implementation of New Salary Management Program/ Mercer Plan Exhibit E - Salary Surveys/1993/ Questionnaires Exhibit F - 1993-94 Compensation Salary Survey Exhibit G - 1994-95 Compensation Salary Survey Exhibit H - Memos, re: No Car Albwance--Deducted From Base Salary Exhibit 1 - City of Denton Salary Survey, dated August 8, 1995 Exhibit J - City of Denton Salary Survey, dated August 28, 1995 • i (Court of Record Cities) Exhibit K - City of Denton Salary Matrix, dated August 14, 1995 j • Exhibit L - Part-time Judge Coobset which Shows Paid Higher Than Salary Survey and Job Advertisement IS 1 ~ • r Exhibit M - City Policy Directive, re: Play for Unused Vacation Exhibit N - Status Sheet Showing Employee Pttid for Vacation Exhibit O - Plait-time Judge Salary Rate Information Exhibit P - Part-time Judge Job Advertisement Notice Exhibit Q - 1994-1995 General Salary Schedule Exhibit R - Status Sheet Showing Four Percent (4%) Raise - April 1945 Exhibit S - Contract Amendment Showing that Car Allowance for City Attorney was "in addition" to Base Salary PART VI: CONCLUSION In conclusion, a salary should be paid to the Chief Executive of the Judiciary which is representative of the fact that it Is a separate branch of the government as well as the fad that there Is no other job classification In the City's system where an individual is expected to have a higher degree of Independent Judgment in Interpreting laws, ordinances and regulations which have a significant impact on the lives of so many people. The credeadah and the responsibilities which I must bear are themselves qualifiers to enhanced compensation. • I hope that this presentation has provided the City Council with sufficient material and relevant fads; fads which they may not have been fully aware of, which will cause them to whole-heartedly accept and approve the proposal contained in my memo of September • 3, i"s, (Exhibit 4), together with a new four (4) year term of office, effective October • • J ~ 16 • 0 1 + 3 s c t°t s`µ T~ ssy r z i t .faa w' ...~..,,:..:.,,.I • ~rww,n+s~armrro~seals5:t~an~r.: 1, 1945, so as to moot the necessity of my resignation. I would like to thank the Council for their attentiveness and I wish to thank all the Court Personnel for their support and many thanks to the citizens of Denton who have offered their support. • 17 • • T03 SONORASLS MAYOR AND KOMIRS OF TU CITY COUNCIL FROM SANDRA WITS, MUNICIPAL JUDOS RSI RZSICIUTION DATZs AUGUST 1, 1995 Please be advised that I an resigning my position as municipal Court Judge for the City of Denton Nuaicipal Court No.l, effective Friday, September 1, 1995. I want to thank Chit council and all prior councils for their support over the last nine (9) years and for the opportunity to have served tho City of Denton in this capacity. It has been a tremendous learning experiance and a valuable asset to my legal and personal growth. In the event that the Council has not filled this position by September 1, 1995, I would offer ry services to the City on a temporary contract basis to ensure that the court dockets held during the day are covered and to ensure a smooth transition period for the new appointee, however, I can only offer these services at a hourly rate somewhat higher than what I an currently receiving because I will no longer be entitled to benefits and because to stay on in this temporary fashion will cause me some delay in saving forward with other plans. If the City is interested in this temporary arrangement I will need to know by Friday, August 18, 1995, so that I can ensure my availability after September 1, 1995. Again, it has been a pleasure to serve the City of Denton and although it is extremely difficult to ■ubsit this letter of resignation, I feel that I must, in order to most and conquer new challenges. • Respectfully Submitted, SANDRA S. 411TI T Y _ '4 w • i . . • . iw H t ~F"yM'+ai@rCxTAYRF:'"YF.~M.~MY01"!Y^+s..)r..WO9K'~t11AL OFFICE OF THE MUNICIPAL JUDGE MIMORAMOYM TOE EOWOROLi NAy0E AND =0xRS 01 TIRE CITY COUNCIL fRON3 SANDRA E. NEITS, MUNICIPAL JUDOS RSA REsIONATION DATES AUGUST 9, 1993 Please be advised that sy resignation letter tendered on Tuesday, August 1, 1995, is hereby being rescinded as to that portion stating that my resignation would be effective september 1, 1995. Samoa on my discussions with the Council on yesterday, August S, 1993, I AS herewith "tending my resignation date effective, September 30,1995, to facilitate discussions between myself and the Council on various issues affecting the City of Denton municipal Court No.l. i would respectfully raauamt that the contanta 4L_tW letter to the mayor asp CgV&W members he karat confidential.. Respectfully Submitted, SANDRA S. NSITS • Elf N~~3iT Z Y 1°. 4 A~~.KFA XA~~J ,J MFR w .r i • a • TO: HONORABLE DAVID W. BILES, MAYOR PRO TSM PROM: SANDRA H. WHITE, MUNICIPAL JUDGE DATE: AUGUST 7, 1995 Pursuant to our telephone conversation I am providing you with a list of possible solutions to the concerns I have about my employemert, should the Council wish to engage in any discussion abou! concerns and remedies: 1. There must be established a mechaism whereby I can communicate with the City Council with regards to matters affecting Municipal Court operations And personnel, communicating meanino a "two-way" str?et. 2. There must be some response shown :o the Court other than revenue consideratici.7. 3. There must be an ncrease in the salary of the Municipal Judge. I would request an increase from $27.44 to $37.06, effectively immediately. 4. I would also request that I be compensated back to April 15, 1995 at this new rate, wh'.ch could be cal]ea.... backwages, a bonus, compensatory damages, etc. This amount is roughly $10,000.00, in addition. I want to be compensated for 1/2 of my accrued vacation time, because it is impossible for me to use that vacation time with the Cuurt schedule, and this would also be paid at the new rate. 5. I would request that my term of office be made 4 years instead of two years, to give some stability to the position. 6. I would also requess that the part-time judges have a term of office of two (2) years, instead of one year to also lend stability to the Court structure, and the two (2) year • tern is mandated by the Government Code, 29.005, also see Barnett vs City of Plainview, Court of Appeals, Amarillo, 848 Sw2nd 334. 7. I would request that the position vacated by Judge Ramsay's elevation to permanent part-time Judge be filled as soon as possible, so that the Court has a Judge to call for daytime emergencies. This is the short list, the long list would include such things as having the Court Clerks and Administrator under • • J the Court as opposed to another branch of government. Makin, sure that my secretary is promoted to executive Secretary as were all other secretaries who worked for Executives and E~iN/ D~ Q 3 ~ • • r . . ...rs-: ,:rn, .,..,..,r.rr.-wnCSNt:'~M M1M1YSSi; helh~',`.a'a'~ Executive Directors, providing the Court with a vehicle for the Coure bailiff, so he can serve papers, providing the Court with a pp---t-time bailiff as has been discussed, providing the Court with the completion of the two rooms in the court room (witness rooms), putting in the hallway so the Judge's office doesn't have to serve as a hallway for everyone, and the list goes on...... and on. But enough for now, this a good start. Thank you, Sandra H. White • A . . - - • • r + lya a ,1~ s"t A' , A~y n r~L ,J' !~F ,~x. ..S'`P n T • 4a • TO: CITY COUNCIL MUNICIPAL COURT COMMITTEE MEMBERS FROM: SANDRA H. WHITE, MUNICIPAL JUDGE RE. RESIGNATION DATE: SEPTEMBER 3, 1995 This memorandum is written as a follow-up to our meeting held on Wednesday, August 30, 1995. Although I felt that the meeting was instructive as to the council's position and my position, I also felt that there were some items which did not get discussed which should have been, so I wanted to ensure that you were advised prior to our next meeting of some additional matters. In the meeting we discussed one (1) aspect of my continued employment with the City, to wit: salary, however, we did not discuss the topic of a car allowance nor did we discuss any monetary matters concerning my prior employment. Just so that we are all on the same page, I wanted to set forth in writing what I believe would be an equitable arrangement. I advised the committee that it was my position that a salary of $75,000.00 plus a car allowance was equitable effective October 1, 1995. We did not as I recall discuss the amount of the car allowance so let me state that $3,600.00 per year is what I had in mind. As it -elates to my past employment I believe that some compensation is in order, and I stated in a memo to Mayor Pro Tem Bilec that I was requesting $10,000.00 plus I want&J to be paid $4,000.00 of my accrued vacation time. In addition I am requesting that the car allowance in my current FY 94-95 budget be made available to me before the end of this budget year. The amount is $2,400.00 and I did not take this allowance because if I had it would have reduced my yearly salary from $57,075.20 • to $54,675.20, which I did not think was equitable. I have at least 8 weeks of vacation accrued and without a judge available to handle the daytime dockets it will be impossible for me to ever use that much vacation time,which is the reason for my request to be paid for some of it. Now that I have set forth what I think is equitable let me tell • you why it is equitable. First of all, I am the Chief or head ' Judge, the Chief judge is paid more than the other full-time or part-time judges. The salary surveys who have been referencing do not quote the salaries of the Chief judges, just full-time judges and an average of their salaries at that. Since these / Joe • - 4a • surveys do not address Chief Judges, I will not discuss them any further. But so we are clear, let me state that it is the Chief Judge who is responsible for setting forth the policy and procedures of the Court in general, to be followed by the other judges, except when a judge is entitled to use his or her discretion. The Chief judge is responsible for setting forth the interpretations to be given to a particular law and devising the implementation of that law. Every 2 years the legislature passes numerous laws which cause the Courts to reevaluate policies and procedures and to devise new ones. During the year cases are decided by the Court of Criminal Appeals and the U.S. Supreme Court which require the court to make changes and adjust. It is the Chief Judge who keeps abreast of these changes in the laws and ensures that the Court complies. The Chief Judge must make sure that its interpretation of the law is one that prevents the judges and clerks from being sued and having any liability for violation of a person's constitutional rights. In addition the Chief judge must set forth the day to day operation of the Court. As I stated in our meeting the legislature over the years has continually made changes to the duties of the Municipal Court Judge, such as the issuance of search warrants in all grade of offense cases, the issuance of emergency protective orders, the setting of bail with many new criteria for certain types of offenses such as DWI and stalking. To list all of the duties would require me to go on forever, but suffice it to say that we have a model court, where other judges from across the State contact us about our interpretation of laws and how we implement them. Aether, they contact me. This is also the reason that I am requesteJ many time over during the year to speak at seminars and lecture, and this was a point of contention I had with council during my performance review and when my contract terms were set. In most cities where there is a Chief Judge and additional full or part-time judges the Chief judge does not preside on the bench as much as I do. I am doing both the administrative end of the job plus hearing all trials and all ancillary dockets, except the plea docket and the juventle docket. Based on the size of our Court I would venture to say that the revenue of this Court should indicate that it is being well run as well as the fact that there have not been any legal proceedings against the Court or its personnel.Ther is little turn-over of employees on the Court staff, which should also indicate that it is run well. In addition you must anaylze how much legal experience I have, how long I have been on the bench,when comparing my salary to other Judges' salary. Listed below are several options that the Council could consider as it relates to my compensation request. option 1: Pay $10,000 back pay, $4000 vacation pay and $2400 car ' allowance from curren' FY 94-95 Municipal Judge budget. Increase and pay $75,000 salary $3600 car allowance and deferred compensation from YO 1161 r 4( Z o • Y f . . .>u, z,>w .:..'-w - r. . s.,c .nr.w+. an-c.,c.:rear,...owwr[.a.Kk an:..-.wv.TM'r-•'w.:T'in11HM~fr FY 95-96 budget, effective October 1, 1995. Option 2: pay $10,000 back pay, $4000 vr,cation pay and $2400 car allowance from current rY 94-95 Municipal Judge budget. Raise salary to $65,40 plus $3600 car allowance effective October 1, 1995 and then raise salary from $65,000 to $75,000 effective 0WA168M December 1, 1995, with an additional amount of $2,000 lump sum for the City bensfitting at my expense to the 510,000 they were able to use for the period October to December. Also pay deferred compensation as has been practice. If there are any questions please call me and let's discuss as soon as possible. Respectfully Submitted, SANDRA N. WHITE • Eelf 161rA/ . T5 q r^ • a • AGeIrDA M CITY OF DANTON CITY COUNCIL September 12, 1995 at Closed Meeting of the City of Denton City Council on Tuesday, September 12, 19195 Si1S p.m. in the Civil Defense Room of City Hall, 215 A. McKinney, Denton, Texas, At which the following Items will be considereds NOTAs THE CITY COUNCIL RESARVIS TAE RIGHT TO ADJOURN INTO CL4'9AD MEETING AT ANY TIME REGARDING ANY ITEM POA WHICH IT 13 LEGALLY PIRMISSISLR. 5115 P.M. 1. Closed Meetings A. Legal Matters Vnder TAX. GOVT CODE Sec. SS1.071 1. Discuss contemplated litigation concerning the request to rezone 3.753 acres from SP-7 to 0 toning on the south aide of 235-it and Lindsey Street. E. Real Estate and Legal Matter Under TAX. OOV'T CODE Secs. SS1.07S and SS1.07S 1. Deliberate the purchase, exchange, lease or value of the property located south of McKinney between Loop 288 and Woodrow ' a and confer with employsea of the City to receive information era to ask questions regarding this real property transaction. 2. Consider contemplated condemnation action against John Karvouniarls for acquisition of right-of-way for a street in the vicinity of Loop 2S9 and Spencer Road and discuss purchase or value of this property. C. Personnel/Board Appointments Under TAX. GOVT CCOA Sec. 551.074 1. Hold a discussion regarding the duties and evaluation of the municipal Judge. work Session of the City of Denton City Council on Tuesday, September 12, 1995 at 6:00 p.m. in the City Council Chambers of City Hall, 215 A. McKinney, Lenton, Texas at which the following items will be considered: NOTES A Work Session is used to explore matters of interest to one or more City Council Members or :he City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special seating of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives Informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organisation proposing council action, if invited by City Council or C&ty Manager to participate In the session. Participation by individuals and sembars of organizations invited to speak teases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are .ot public hearings, so citizens are not allowed to participate in the session unless ,nvited to do so by the Mayor. Any citizen say sup- ply to the city Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Shoul[ the Council • direct the matter be placed on a regular meeting agenda, the staff wall generally j prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 6100 P.M. • 1. Hold a discussion, receive a report and give staff direction regarding a proposed ' • • ordinance prohibiting concealed weapons on City property. 2. Receive a final report and hold a discussion with the 91 Committea. Regular Meeting of the City of Denton City Council on Tuesday, September 12, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 21S A. McKinney, Denton, Texas at which the following items will be csnsiderod: n • • City of Denton City Council Agenda September 12, 1995 Page 2 7:00 P.M. 1. Pledge of Allegiance 2. Consider approval of the minutes of the July 5 and July 11, 1995 meetings. 7. Citizen Reports A. Receive a citizen report from Joe Dodd regarding three suggestions for Council. 9. Receive a citizen report from Carl Williams regarding a Police Review Board. 4. Citizen Requests A. Consider a request from the Lone Star Barrel Racing Association for an exception to the noise ordinance for the use of amplified sound system on Sunday, September 17, 1995 from 1100 p.m. - 7100 p.m. S. Loneent Agenda Bach of thane items is recommended by the Staff and approval thereof w111 be strictly on the bails of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C, 6.0{. 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 rrd Purchase Orders: 1. Bid 02772 - Property 6 Boiler Machinery Insurance 2. Bid 01786 - Distribution Transformers 3. Bid 01707 - Demolition and Clearing of 11 Unsafe Structures 1. Bid /1708 - Cooling Tower Structural Roosir 5. P.O. /56698 - Volvo a GMC Trucks vt Dallas 6. P.O. 052360 - Bobby V. Cray 0. Contracts 1. Chamber of Commerce Convention and Tourism Bureau 2. Denton County Historical Foundation • 3. Denton County Historical Museum i. Greater Denton Arts Council S. North Taxes State fair Association 6. Denton $lack Chamber of Commerce 1. Den o: County Amphitheater Association 8. Den.-., festival Foundation 9. Denton Historic Landmark Commission 10. Denton Main Street Association • 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. 15.A.1. - Bid 01772, S.A.2. - Bid 01786) B. Consider adoption of an ordinance accepting competitive bids and providing fcr the award of contracts for public works or improvements. (S.A.3. - Sid 01787, S.A.4. - Bid 01788) AYm pArr S 40 7 • w • City of Denton City Council Agenda September 12, 1995 Page 3 C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or cervices in accordance with the provisions of sta_a law exempting such purchases from requirements of competitive bids. (S.A.S. - P.O. 056698, T.O. 052360) D. Consider adoption of an ordinance authorising the Mayor to execute an agreement between the City of Denton and the following organisations for the payment and use of hotel tax revenuer Chamber of Comore* Convention and Tourism Bureau, Denton County Historical Foundation, Denton County Historical Museum, Greater Denton Arts Council, Worth Texas State Pair Association, Denton Black Chamber of Commerce, Denton County Amphitheater Association, Denton Festival Foundation, Denton Historic Landmark Commission, Denton Main Street Association )S.B. 1-10) 7. Ordinances A. Consider adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1995, and ending on September 20, 1996. a. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1995, on all taxable property within tha corporate limits of the City on January 1, 1995, not exempt by taw) providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstandln2 City of Denton bonds; providing for limited exemptions of certain homesteads; and providing for enforcement of collections. C. Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinances 94-162, 95-02a, 9S-111) deleting a Power Cost Adjustment (PCA) rate; deleting an Air Conditioning Recycling Rebate rats (ACRIr revising the Industrial Development Rider rate JIDR)1 revising the General Service Small Rate billing methodology to an Expandable Block )GSS)) revising the General Service Large Silling Methodology from RW to RVA billing (OSL)r amending the General Service Time of Use rate (TGS)1 and renaming the Experimental Weekend rats 1m) as the Weekend rate (WR). D. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance 94-163 for water servieel eliminating the installation charge in metered water from fire hydrant )WFH)i and amending the Upper Trinity Regional Water District rate (WWI) per the contract. 1 E. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance 94-164 for wastewater service) and amending the wholesale wastewater treatment rate (SSC). • F. Consider adoption of an ordinance amending the schedule of solid waste rates contained in Ordinances 94-165 and 95-0271 amending solid waste rates for residential, commercial and recycling collection services as authorized by Chapter 24 of the Code of Ordinances of the Cityl amending the charges for the collection of grass, leaves, and brush; amending a charge for locks; amending a charge for special waster adding a charge for inaccessible containers; adding a deposit for temporary open top and dumpster containers; amending the charges for use of the landfill and • adding a 3.5E State surcharge to all solid waste delivered to the • • landfill. G. Consider adoption of an ordinance amending Section 13-22 of Chapter 13 i "Fcod and Food IsLabli►hments" of the Code of Ordinances providing for permit toss for restaurants, grocery stores, and day care centers. p • City of Denton City Council Agenda September 12, 1995 Page 4 M. Consider adoption of an ordinance creating a Municipal Court Building Security fund and requiring that a defendant convicted in a trial for a misdemeanor offense in the City of Denton Municipal Court No. 1 and any other City of Denton Municipal Court which may hereafter be created, shall pay a three dollar security fee as a cost of Court. 1. Consider adoption of an ordinance Amending Section 20-1 'Noise" of the Code of Ordinances by establishing hours for the erection, excavation, demolition, alteration, or repair work on any buildings and providing for a penalty of $500.00 for any violation hereof. J. Consider adoption of an ordinance approving a bond counsel contract between the City of Denton and McCall, Parkhurst and Norton, L.P.L. N. Consider adoption of an ordinance approving the City Manager to execute a financial advisory agreement between the City of Denton and first Southwest Company. L. Consider adoption of an ordinance amending Ordinance No. 88-109, as amended, which granted a franchise to Sammons Communications, Inc. to reconstruct, operate, and maintain a cable television system in the city of Denton, Texasl consenting to the assignment and transfer of that franchise from Sammons Communications, Inc. to Marcus Cable Associates, L. P. in accordance with the terms and conditions of this ordinance; and approving an acceptance agreement. ifirst Reading) b. Resolutions A. consider approval of a resolution approving the fiscal year 1996 budget of the following organisations for hotel occupancy funds, pursuant to Chapter 351 of the Texas Tax Codes Chamber of Commerce-Convention and Tourism bureau, Denton County Historical Foundation, Denton County Historical Museum, Greater Denton Arts Council, North Texas S,:at• Fair Association, Denton Black Chamber of Commerce, Denton county Amphitheater Association, Denton festival foundation, Denton Historic Landmark Commission, and Denton Main Street Association. a. Consider approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a street right-of-way easement in the hereinafter describer land situated in the vicinity of Loop tea and Spencer Road; authorising the City Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorising the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of. constructing a public • street to intersect with State Highway 288. C. Consider approval a resolution adopting an investment policy for funds for tt,e city of Denton. 9. Consider appointment of a Chair and Vice-Chair of the toning board of Adjustment and the Sign Board of Appeals. 10. Consider appointment of a voting delegate and alternate voting delegate to the • National League of Cities Annual Congress o. Cities. ~i 11. Consider nominatlons/appointments to City of Denton Boards and Commissions. J 12. Consider appointments to the Blue Ribbon CIP Committee. 13. Consider nominations to the Economic Development Transition Committee. 11. vision Update ~XN~~3i~ 5 P Al fr- • d . ....>......,,..,ew..<w.e-,n..wenNCa.-cwlnraCiM.w..w.,r.., City of Denton City Council Agenda September 12, 1995 Page S 15. Miscellaneous matters from the City Manager. 16. Officisl Action on Closed Meeting Itemsi 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. 16. Possible Continuation of Closed Meetings A. Legal Matters Under TEX. OOVIT CODE See. SS1.071 S. Real Estate Under TEX. OOV'T 0002 See. SS1.072 C. Personnel/Board Appointments Under TSX. 0OV•T 000E Bee. $51.074 C E R T I P I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Nall of the City of Denton, Team, on the day of , 1995 at o'clock (a.m.) (p.m.) CITY S3CRJTART NOTXs THE CITY OF DENTON CITY COUNCIL CHAMBERS 15 ACCSISISLS IN ACOORDANCE WITH THE AMERICANS WITH DISASILITIRS ACT. TER CITY WILL PROVIDE SIGN LANGVAGS INTSRPRITSRS FOR THE MEANING IMPAIRED IF REQUESTED AT LEAST 66 FOURS IN ADVANCE OF THI SCMSDULID MISTING. PLIASS CALL THS CITY SICRETART'B OFFICE AT 566-6309 OR USE TELICOMMVWICATIOOS DEVICES FOR THE DIA1 (TDD) my CALLING 1-600-ABLAY-TX SO TNt,T A SIGN LANGUAGE INTRAPRITSR CAN ES 6CIEDVLED THRO( E TEE CITY SSCRSTAAT'S OFFICE. ACCO0287 i 1 EX l~l I/.~~ T S P ~6M' 4i in .f ^ 1f~}+ y l 4 Ott • • l~ rt M r t f ~~11~ ,:R~ r • - 49 F OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PROMt~ SANDRA H. WEITH, MUNICIPAL JUDGE RHi SEPTEMBER 12, 1995 CITY COUNCIL AGENDA ITHM 1.C.1 • SOLD A DISCUSSION RHGARDIMMG THE DUTIES AND SVALVA?ION OF TIES MUNICIPAL JUDGE• DATRi SEPTEDB=R 12, 1995 Please be advised that pursuant to the Taxes Government Code, Section 591.074(a)(1) and (a) (2), 1 an requesting that the discussion of the above referenced agenda item be removed from the closed nesting of the City Council and heard and discussed in the regular nesting of the City Council which begins at 7:00 p.m. I will be prepared to discuss the duties and discuss my evaluation at that time. As the City Council Agenda does not contain an agenda item for the receiving of a report iron the City Council Municipal Court Advisory Committee, nor does it contain an agenda item dealing with my resignation, I as asauming that these matters will not be discussed in the ^loaed seating of the September 12, 1995 City Council nor in the public session, unless they are in sane way related to the agenda item which is set for discussion in the public session per my request as stated herein. Rerpectfully Submitted, • SANDRA S. WHITE ccI Mr.Herb Prouty, City Attorney I LOW, ,r~ ~ • 1~ i4 • a • SEA 1 4 IM 1,9, ',V A,,1. OFFICE OF THE CITY ATTORNEY 0 MEMORANDUM TO: Honorable Sandra H. White, Municipal Judge FROM-. Herbert L. Prouty, City Attorney SUBJECT: City Council Agenda Item for September 19, 1995 Regarding Municipal Judge DATE: September 14, 1995 The City Council has requested that an agenda item be placed on the September 19, 1995 meeting of the City Council, which will read as follows: HOLD A PUBLIC HEAPING AND CONSIDER, DELIBERATE AND TAKE ACTION ON THE RESIGNATION, EMPLOYMENT, EVALUATION AND DUTIES OF THE MUNICIPAL JUDGE AND DISCUSS RECRUITMENT OF A NEW MUNICIPAL JUDGE. Shortly before the council went into executive session at its September 12, 1995 meeting, you gave me a memo requesting that agenda item I.C.I. "HOLD A DISCUSSION REGARDING THE DUTIES AND EVALUATION OF THE MUNICIPAL JUDGE" be removed from the closed meeting of the Council and be heard and discussed in the regular meeting of the Council which began at 7:00 p.m. You specifically quoted 5551.074(a)(1) and (a) (2) of the Texas Government Code (the Texas Open Meeting Act). 1 advised the Council that I interpreted your request as a request for a public hearing under 5551.074(b). This subsection states that subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a nublic hearing. In my opinion, due to your request and the reference in this section to a public hearing, this item should be placed as an open meetin^ item on the September 19, • 1995 Council agenda in order to provide the 72-hour notice to the general public required under the Open Meetings Act. My reading of the Attorney General's opinions and the phrase "public hearing" indicates that the general public has a right, as well as the "employee being discussed" to be notified and to be present and possibly pArticipate in such a public hearing on this item. I know you take exception to this decision and feel the council could have considered this item at its September 12th meeting as you requested. • • This item is worded differently than the way it was worded on the September 12, 1995 agenda, bat I will assume that you still wish that this entire ic~i be discussed as a part of the open meeting i ~Xhill~r'r' 17 , t Sandra H. White, Municipal Judge September 14, 1995 Page 2 agenda of the Council on September 19th unless you advise me to the contrary. I need you to advise me in writing prior to noon of Friday, September 15, 1995 if you do not wish all or any part of the proposed agenda item for September 19th to be discussed in an oper meeting of the Council, and request all or any part of this agenda item be discussed in a closed meeting. Of course, if you desire all or past of the item to be aiscussed in closed session the Council could still, in its discretion, elect to have the entire matter heard in public session. However, I believe the Council wants to honor your request concerning whether this matter is considered in an open or cloned meeting. Please do not hesitate to contact me at extension 7799 if you have any questions or wish to discuss this matter. Herbert . Prou HLP:sf pc: Honorable Mayor and Members of the city Council Lloyd V. Harrell, City Manager • a • • • ♦ ~ . • O •4f' I a. i.H. d`1f'~P{L~'j1 M; 1~Y•W. ~ \j+, + J ,6 µ J 5 F az' • p • Tr: Herbert L. Prouty, City Attorney FROM: Sandra H. White, Municipal Judge SUBJECT: City Council Agenda item For September 19, 1995 Regarding Municipal Judge DATE: September 14, 1995 Please be advised that I am in receipt of your memorandum addressed to me, dated September 14, 1995 concerning the above referenced matter. In your memorandum you state that the City Council is requesting that the below stated item be placed on the City Council agenda for September 19, 1995: HOLD A PUBLIC HEARING AND CONSIDER, DELIBERATE AND TAKE ACTION ON THE RESIGNATION, EMPLOYMENT, EVALUATION AND DUTIES OF THE MUNICIPAL JUDGE AND DISCUSS RECRUITMENT OF A NEW MUNICIPAL JUDGE. As you note in your memorandum the above wording is different from the wording of the agenda item which was placed on the closed session of the city council meeting to be held on September 12, 1995, which I requested to be removed from the closed session and placed on the agenda as a public hearing item. C As opposed to removing the item, which was worded as: HOLD A DISCUSSION REGARDING TER DV.tES AND EVALUATION OF THE MUNICIPAL JUDGE, from the closed portlo:. of the City council meeting and placing it in the public session of the meeting, the item was removed as an agenda item for the September 12, 1995 City Council meeting. Since the September 12, 1995 agenda item dealt only with a discussion of the duties and an evaluation of the Municipal • • Judge, and not the resignation, employment and recruito-ant of a new Municipal Judge, I am at this point only willing to agree to having all of these additional matters heard in a public OWN ifs ` )f a hearing, if the order in which they are to be discussed, deliberated and action taken can be placed rand heard in the following order: BOLD A PUBLIC BEARING A1M CONSIDER, DELIBERATE AND TAKE ACTION ON TEE DUTIES AND AN EVALUATION Of TEE MUNICIPAL JUDGE; OONSIDER,DELIBERATE AND TAKE ACTION ON TEE RESIGU%TION 01 TEE MUNICIPAL JUDGE; AND DISCUSS RECRVITNM1T Of A NEW MUNICIPAL .JUDGE. If the City Council has no objection to this wording and to agreeing that the items will be heard in the order stated, then I have no objection to ■ll items being heard in the public session of the September 19, 1995 meeting. In your memorandum you state that the Council could elect, in their discretion, to have the entire matter heard in public session, even if I requested thet all or part of the item be heard in closed session. As you did not cite any particular provision of the Open Meetings Act or other authority for this proposition, I would request, although this does not appear to be an issue at this time, that you provide me with the provision of the law upon which the Council is relying. Please advise me in writing if this proposal meets with the City council's approval, prior to any final action on the matter. Sandra H. White SHW:cm pc: Honorable Mayor and Members of the city council Lloyd V. Harrell, City Manager 1 a • I - 4ti • AGENDA CITY OF DENTON CITY COUNCIL September 19, 1995, Closed Meeting of the City of Denton City council on Tuesday, September 19, 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 be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING A?iy 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. Discuss contemplated litigation concerning the . request to rezone 3.753 acres from SF-7 to 0 zoning on the south side of 135-E and Lindsay Street. 2. Consult with the Attorney on contemplated litigation regarding pavinq liens and potential settlement of such contemplated litigation. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Deliberate the purchase, exchange, lease or value of the property located south of McKinney between Loop 288 and Woodrow Lane and confer with employees of the City to receive information and to ask questions regarding this real property transaction. C. Personnal/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, September 19, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 1 • 2. Consider approval of the minutes of July 18, 1995. 3. Consider approval of an exception to the noise ordinance fir Capricho Show at the North Texas State Fairgrounds on Saturday, September 23, until 1:00 a.m. 4. Public Hearing , • • A. Hold a public hearing and consider rezoning a 3.753 tract from SF-7 to Office and consider adoption of an ordinance rezoning 3.03 acres from Single Family 7 (SF-7) to Office with conditions. The land is located on the south side of IH-35, about 200 feet east of Lindsey Street. (The Planning and Zoning Commission recommends approval of the rezoning of 3.03 acres to Office with conditions, 5-1.) Cie ii PAtr ! A 4 o r City of Denton City Council Agenda September 19, 1995 Page 4 F. Consider approval of a resolution in support of I-35 Corridor Coalition in its effort to receive federal designation of Interstate-35 as the official North American Free Trade Agreement (NAFTA) Highway. C. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District. H. Consider approval of a resolution approving the fiscal year 1996 budget of the Dence Area 9-1-1 District, pursuant to Tex. Health Z Safety Code, Section 772.309. 10. Hold a public hearing and consider, deliberate and take action on the duties and evaluation of the Municipal Judge; consider, deliberate and take action on the resignation of the Municipal Judge; and discuss recruitment of a new Municipal Judge. 11. consider appointments to the Economic Development Transition committee. 12. Consider nominations/appointments to the City's Boards and Commissions. 13. Vision Update 14. Miscellaneous matters from the City Manrger. 15. official Action on closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16. New Business This item provides a section for Council Members to suggest items for future agendas. • 17. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 • C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 • • ~ Xhf/~ ~ T 9 ~ 2 a • LS7aL I aa' . ..7 w I R L S O L U T I 0 H -WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to preside over the Municipal C.v!t: and WHEREAS, the Council is desirous of making such appointment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LENTON: SECTION I. That Sandra H. White is hereby appointed City Judge of the City of Denton, Texas, effective October 1, 1996. SECTION II. That the Mayor is hereby authorized to execute a letter of agteeaent between the City of Denton and Sandra K. White as City Judge relative to the terms of her employment, a copy of which is attached hereto and incorporated herein by reference. SECTION' III. This resolution shall become effective immediatel, upon its passage and approval. PASSED AND APPROVED this the day of September, 1916. CITY DENTON, TE"AS ATTEST: i ~ r HZI 7 E ALLEN, T aECRTT-U7 CITY OF DENTON, TEXAS Ak'PF.0 i,' AS T,J LEGAL FOR?+t ! 'E:F; ;i'':: L~~:,1'ITCH, CITI ATTOR'•E) , • :iTf OF L~%%N, TEXAS • tit i ~j•~i~ • S 11'- - l • • r .......-:....,..,...,,.,.;r..a.,ra•t ..y; Y2Wr:, W~'!'L"itiFv~S'Y., r`r. CfrY of DENTONg TEXAS IAUN*PAL BUILOINO I OENTON, TEXAS 78201 I TELEPHONE (81 rI 566-01C'6 orrice at Ime Vs/c, September 10, 1986 Sandra H. White Attorney at Law P. 0. Box 31S12 Dallas, Texas 75211 Re: Your Appointment as Municipal Court Judge Dear Ms. White: The City Council of the City of Denton is delighted that you lave accepted the position of Judge of Denton. With regard to your employment, the following are conditions surrounding your employment with the City of Denton: 1. Employment Date: Your employment date is October 1, 1986. 2, Sm~~lar~~: Your salary will be $SS,000 annually, payable in Sostillments at the same time as other employees of the City are paid. 3. Duties: Your duties include those duties enumerated in your job de crlption, a copy of which is attached hereto and marked Exhibit "A". In addition, the City Council has requested that you devote your best efforts to work closely with the Municipal Court Clerk's office to revise Court procedures, recordkeeping procedures and implement the municipal court computer sys em. A~' rlA7,t>'O. ailitrsrwruttlk van rlttsi , r , Chan ems in Pte: Any changes in pay' will he discussed with tFe City council1o=mh-4 44-b t. when your performance will be reviewed by the Council. 5. Benefits: You will be entitled to all benefits, i.e. health insurance, worker's compensation, vacation and sick leave, retirement and pension plan contributions provided to other employees of the City. You shall be entitled to receive the same vacation and sick leave benefits as are accorded other department heads, including provisions governing accrual and ;ayment therefor on termination of employment. • . ( >`s • • Ms. Sandra H. Whit* September 10, 1986 Page Two 6. Se oration From E■ to vent: ?ursuant to Section 6.03 of the ity arter, as un c pa Judge, you serve at the pleasure of the City Council and may be separated from employment at any time. For these reasons, the terms of your empployment shall not be subject to the Disciplinary Policies of tAe City. 7, A ointment of Assistant Ci11"a Jud es: Pursuant to the City Charter, t e City ounc ut or red to appoint Assistant City Judges to perform the duties and functions of the City Judge to act in your temporary absence or disability. The Council may ask you from time to time, to interview applicants and make recommendations relative thereto to the City Council, for the position of assistant judge or judges. You shall be responsible for coon inating acd supervising the duties of the assistant Judges. g. Professional Develo went: It is recognized that you have to evote a great ea o your time outside normal office hours to business of the City, and to that end, you will be allowed to take compensatory time off as you shall deem appropriate during said normal office hours; provided, however, you shall devote your entire time to the performance of the duties and shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the City Council. The City Council hereby agrees to bud et for and gay your travel and subsistence expenses for professional and official development to adequately pursue necessary official and other functions for the City, including, but not limited to, the Texas Bar Convention, Ttzas Municipal Judges Association and training seminars, regional, state, local, legal or governmental groups and committees thereof which you serve as a member. The City Council also agrees to budget for your travel and subsistence expenses for short courses, institutes and seminars that are necessary for your professional development and for the good of the City of Denton. The City Council agrees to budget and pay the professional dues and subscriptions necessary for your continuation and full participation, including the holding of responsible • offices in national, regional, state ind local associations and organisations necessary and desirable for your continued professional participation, growth and advancement, and for { the good of the City of Denton. i j s a as s . ~ „ • . • F.'-~prY k ~}.'~v:['~,.'~ i~}t1i"~"~"r kr ~ ~`+ZC 4 Y Y w. v , • o , r , f F • Ms. Sandra M. White September 10, 1966 Page Three 9. Relocation Expenses: You shell No paid your relocation expenses v t respect to your more to Denton pursuant to City of Denton Personnel Policy No. 101.05. If you have any questions about the terms of this letter of agreement, please do not hesitate to let ■e know. Please indicate yopr acceptance by signjng below. Sincerely, r / Ray tephens, Mayor City of Denton RS:js Enclosures xc: Personnel File Debra A. Drayovitch. City Attorney 1 agree to accept the terms of employment as set forth herein. SUDRA • IS'bL _ . r , , i,•y,7 , ff~N-;M .29 • • RESOLUTION NO. Ry~l- o~s2 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING SANDRA WHITE AS CITY JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORDI AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING TERMS OF OFFICE FOR MUNICIPAL JUDGES: AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to handle the judicial functions of the Municipal Court: and WHEREAS, Ordinance No. 94-014, adopted pursuant to TEX. GOVT CODE 130.982 (Vernon Supp. 1991) provides that the governing body of the City shall appoint the Municipal Judge of the City of Denton Municipal Court of Record; and WHEREAS, TEX. GOVT CODE Chapter 30, Subchapter Y (Vernon Supp. 1994) provides that municipal judges shall serve for a term of office, and the Council wishes to establish a term of office for each municipal judge; and WHEREAS, the City Council wishes to establish staggered terms operation judges s office ond municipal efjudge and ficiency in the the assistant on provide for continuity a the Municipal Court; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: erCZON I. That the team of office for the municipal judge shall be two years. That the term of office for the assistant judges shall initially be one year and thereafter, the term of office for the assistant municipal judges s'.ali be two years. kECT O~I N II_ That Sandra White is hereby appointed as City Judge of the Municipal Court of Record of the City of Denton, Texas for a two-year term of office to commence august 1, 1994 and terminate at ::idnight Ju'_t 31, 1996. -g,FCTION III. That the Mayor is authorized to execute a con- tract with Sandra White, providing for her terms of employment, a copy of which is attached hereto and incorporated by reference herein. S£CTIgN IVY This resolution shall become effective immediately O upon its passage and approval. • to . o • • PASSED AND APPROVED this th*c2&aday Of 1994• BOB CASTLES , MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ' ddSdS/!1CC BY: • Ex~ PAGE 2 • a • EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 21st day of July, 1391, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City" and Sandra H. White, hereinafter referred to as "Municipal Judge". •ITNEBSETHt 1. City does hereby agree to employ Sandra H. White for a period of two (2) years, beginning on the 1st of August, 1994, and continuing through midnight, July 31, 1996, at an annual salary of $51,851.20, annual deferred compensation contribution of at least four percent (41) of the annual salary and the same benefits provided regular full time City employees. 2. City does hereby agree to review the Municipal Judge's compen- sation on an annual basis at the time her performance is reviewed by the City Council. The Municipal Judge agrees that she will perform the duties of the Municipal Judge set forth in the Municipal Judge job description, a copy of which is attached hereto, and incorpo- rated herein as Exhibit "B*. 4. The Municipal Judge shall devote full time to the duties of the office as necessary in accordance with Texas Government Code 130.986, or its successor provision, as same may be modified from time to time. 5. The City hereby agrees to budget for and pay for travel and subsistence expenses for professional and official development to adequately pursue necessary official and other functiors for the City, including, but not limited to, tl.a Texas Bar Conven- tion, Texas Municipal Judge's Associa`ion and training semi- nars, regional, state, local, legal or governmental groups and committees thereof which she serves as a member. • 6. The City also agrees to budget for the Municipal judge's travel and subsistence expenses for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City of Denton. 7. The Cite agrees to budget and pay the professional dues and subscriptions necessary for the Municipal Judge's continuation and full participation, including the holding of responsible • offices in national, regional, state and local associations and • • rganizations necessary and desirable for her continued professional parttcipatten, growth and advancement, and for the gooc: of the City of Denton. e. The City agross to pay the Municipal Judge's revocation expen- ses to Denton, Texas, should the Municipal Judge locate to the City of Denton. `A#4 1& to I~ I~ • a • 9. During the duration of this Agreement, the Municipal Judge shall comply with all provisions of the Code of Judicial Con- duct, the Denton City Charter, Chapter 30 of the Texas Govern- ment Code, Subchapter Y, and all other applicable laws pertain- ing to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a ccwiflict between the terms of this Agreement and said Code, Chaster, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 10. The City may remove the Municipal Judge from office during her term pursuant to and in accordance with the requirements of 130.987(c) of the Texas Government Code, or its successor, a3 same may hereafter be amended. This Agreement represents the entire and integrated Agreement between City and the Municipal Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Municipal Judge. The Municipal Judge further states that she has carefully read the foregoing Agreement, and knows the contents thereof, and signs the same as her own free act. IN •ITMti/ WKIRSOT, City has caused this Agreement to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affix*:.and attested by its City Secretary, and the Muni- cipal Judge has hereunto eat her hand and seal the day and year first above written. MUNICIPAL JUDGE CITY OF DENTON, TEXAS SANDRA H. WHITE B CASTLE BERRY, MAY • ATTEST. JENNIFER WALTERS, CITY SECRETARY elev @Y: E~tN~B~r i/ Al EMPLOYMICNT AGREEMENT - Page 2 i • o • APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY: • 1 J 60 lair t~~rroocsu~+u~s.c EMPLOYMENT AGREEMENT - Paqe ] zt ' rte. • a • APPROVAL DAM 01101192 RIVISION DAM PAT ORADIS J I DIPARTXZKT9 Local DIVISIONO JOB TITM municipal Court _judce JOB XMIRI JL10 TITLZ OF ImmIDIATS SUPIRVISORs_._City Council MAJOR DUTIISi o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other caste within the jurisdiction of the municipal court. o Authorists lssuance of search, arrest, inspection and mental warrants. o Arraigns prisoners, sets bonds, reviews fines, and issues magistrate@ warnings. o Oversees scheduling of all cases and activities of the Court. o twaluates cases with defendants and their attorneys. o maintains court records as required by Texas State Law. o Provides Information to attorneys and citizens regarding warrants, appeals, and hearing dates and locations. o Develop• new programs for court processing. o Communlcalss and develops goals for the upccmLnq year. o Counsels with youth and parents. o Administers programs in conjunction with the City Attorney, Police and Court Clarks. o IstablLshes and administers the organization, policies and priorities for the department. o Develops and recommends to the City Manager and Council the annual and long-range plans for the municipal court. e Prepares and submits the annual budget request for the department to the City Manager and City Council. o sionitors all expenditures for the department. • o Performs a full scope of supervLoM responsibilities including recruitment, selection, hiring, counseling and evaluation of employees. o Performs other related duties as directed by City Council or In accordance with State law. EXHIBIT H Mercer/AAAOIB►B • r- O • KUNICIPAL CMT JIWR IIAvIAAd. PIMA Z of MINIMUM QUALIPICATIOM&I o Juris MKtor (JO degree). o Two years experisnc• in the practice of law in the state of Texas. o Certification, amberehip in the state tar of Texas. o License to practice law in the state of Texas. o Availability to be called on to issue warrants at unusual hours. o valid Texas Class C driver's license. • Mere•r/AJ1AOUn iii r i a' (t4 .y a eq ;d+ k XC Sri'. r ,t. • Q • • OFFICE OF THE MUNICIPAL JUDGE M[MOR MDUMI TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: SANDRA H. WHLTE, MUMCEPALJUDGE SUBJECT: FY 93-94 Performance Evaluation DATE: December 9, 1994 I have prepared this summary of my job duties and accomplishments for the Fiscal Year 1993-94 to assist you in evaluating my performance as the Municipal Court Judge. L Certain specific duties and responsibilities are required of all Municipal Court Judges. Most of these duties are set forth In the Texas Code of Criminal Procedure and others are imposed by the City Charter. The Judge is also required to comply with the Code of Judicial Conduct. I believe if a judge Is performing his or her duties impartially and to the best of his or ber ability then be or she will Ipso facto be in compliance with the Judkial Code. Listed below Is a Witing of some of the duties and a summary of how I, as Municipal Court Judge, have carried out those duties or responsibilities. A. Prude Oyer PmTrW Conlettettsrs In FY 92.93, 1 implemented a mandatory pro-trW conference for all gases being set for trial by Judge or Jury. M has had the net effect of reducing the actual number of trials, but ibere have been an abundance of pre-trial conferences, and to FY 93-94, they increased to 1,730 pre-trials. The • increase was attributed to our Court of Record status change over, but not that we Dave been able to set up dockets for lawyers, the numbers have been dropping drastkally. An advantage to the mandatory pre-trial conference is tbat it weeds out the people who In fad do not want a trial, but require some sort of contact with the Judge. It has lessened the amount of time Police personnel ba►e to appear for Court. In years tone by, Police were appearing ' • for trial every Thursday of the mootb, now they appear one time tf= other • • • P- ~ • ,I CIR of boR1D11 CSR k\XWit. w-IMM 11, 1111 J Closed lleetiee of the city of O"t6h tity 10~11 8M 1\t~1~1i1 December 11. 1144, at 5.13 V.S. 111 tae t'irt i Rosa d 1NFry Nall. 21S t. Maim%". OentOk. t*"§ at Mitt 46 tat ah1n+ I%*4 vill be cvnsiQered: 1s 11 p.t, 1. Closed Meeting A. Legal Natters under TIx. COV't moo led. elt,Ofl 5. Real rotate thrler tax. COV'1 CAD! tea. 111.ef1 C. personne1/50694 Uppothtaanta Bremer fPW, VQV't OVt sec. $91.074 1. Conside- annual evalvattena of th 1! 1 AC• Municipal Judge, Fart 1114 unit, 11 fop Municipal Judge and the city Itenagot, C 9 R 7 1 It 1 C A Y 1 2 eartify that the above nodes, of ssrtltq Vie ^1" 6h 064 bu let ~ard at t ,City all 4f t" cajaj <M4 FMC 60 Say of ,(r 1414 at 4 16C2 W84 ! • aGC00710 • • r AGENDA CITY OF DEMO CITY COUNCIL DECIMER 11, 1994 Closed Meeting of the City of Denton City Council on Tuesday, December 11, 1994, at 3:13 p.m. In the Civil Defense Room of City Rall, 215 E. McKinney, Denton, Texas at which the following items will be considered: $315 P.M. 1. Closed Meeting A. Legal Matters Under TEX. GOVT CODE lee. 551.071 8. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TD(. GOVT CODE See. 551.074 1. Consider annual evaluations of the Alternate Municipal Judge, Part Time Municipal Judge, Municipal Judge and the City Manager. C E R T T F I . A T E T certify that the above notice of meeting was posted on the bullet :~i and at Clty fall of the Ci o Denton, Texas, on day oft .1991 at AAAR-Olclock la.m.) I ACC00230 v P-19-1995 1206 e x m/ pwT A3 95% A.62 , ,v5(. ~`y~jy e..y t' s! R ~.F ,t 7.4;~<:.~ R • . rte.... girt F 5 • a SANDRA H. WHITE JUDICIAL EXPERIENCE (1) Chief municipal Court Judge C--t.1986 to present 601 E. Hickory St., Suite D City of Denton, Texas 76205 (817) 566-8139 Q) Chief Magistrate for Denton County, Texas May 1992 to Present Denton County Commissioners Court 110 West Hickory St. Denton, Texas 76201 (3) Substitute Magistrate for Denton County,Texas December 1991 to May 1992 Denton County Commissioners Court 110 West Hickory St. Denton, Texas 76201 (4) Visiting Judge (various tine periods) Denton County Courts at Law Nos. 1 and 3 Per Local Administrative Orders of the Honorable Don Windle Administrative Judge for the Denton County Courts at Law JUDICIAL DUTIES As the Chief Municipal Court Judge for the City of Denton and chief Magistrate for Denton County my judicial experience for the past eight (8) years has included but is not limited to: • (a) Ruling on various motions, such as motions for discovery, motions to quash complaints, subpoenas, subpoena duces tecums, motions in limminie, motions for continuances, motions to reduce bail, motions for release of sureties, motions for examining trials, and motions for new trials. (b) Presiding over bench and jury trials and rendering rulings on the admissibility of evidence, conducting fair and orderly trials, and assuring an • accurate trial record, preparing the charge to the * • jury, summoning and empaneling juries, conducting jury qualification examinations, ruling on motions to strike prospective jurors, and deciding the guilt e)(141,61 7 p. ~ 0 • I p • or innocence of the accused based on all the evidence presented. (c) Studying the record, considering the evidence and issuing decisions based on the evidence introduced and researching the applicable law and writing written decisions. (d) Conduct preliminary and pre-trial hearings (e) Preside over juvenile detention hearings, examining trials, mental health emergency detention hearings, probable cause hearings, and bail reduction hearingsi (f) Arraign prisoners confined in the City and County Jails on a daily basis, set bail issue evidentiary search warrants and arrest warrants for all grades of offenses; (g) Consider Motions to Revoke Probation and Motions to Revoke Bail; (h) Supervise and Manage t staff of 3 Part-time Judges. 9 Court Clerks, 1 Executive Secretary, 1 Court Bailiff and 1 warrant officer, as well as work with a staff of approximately 10 jailers at the City Jail and County Jail facilities. Ii) Establish and draft all internal judicial procedures and guidelines for judicial staff, establish and draft all internal operating procedures for Court Clerk staff and bailiff and establish and draft all internal procedures related to incarceration and release of prisoners. (j) Establish all docketing and filing systems for misdemeanor, felcny and juvenile cases. (k) Attend seminars and professional meetings to keep abreast of developments in varicus fields of law. (1) Review and implement new legislation affecting both the Municipal Court and magistrate duties. Im) Participate in community and school related activities to enhance the public's knowledge and understanding of the judicial system. (n) I am also fairly fluent in the Spanish lanquage, however • the Court uses interpreters during hearings and trials. (o) I am culturally diverse which assists me handling a multitude of ehtnic backgrounds, especially in the sentencing phase of a criminal proceeding. I 'A/ Re 2 • • i ~,1. \I. • • LEGAL E PE UENCE 11) Trial Attorney Oct, 1978 to March 1986 United States Department of Labor Office of the Solicitor 525 Griffin Street, Suite 501 Dallas, Texas 75202 1211) 767-1902 (2) Adjunct Professor Aug.1988 to Dec. 1988 Texas Woman's University Denton, Texas 76201 Course: Legal Research and writing (3) Instructor Feb. 1988 to July 1988 VTI Institute for Paralegal Studies Arlington, Texas Courses: Criminal Law and Procedure Civil Procedure EDUCATION Law Schools attended: (1) University of Houston, Houston, Texas 77001 Dates of Attendance: 1975 to 1978 Degree: Doctor of Jurisprudence/Aug-12,1978 (2) George Washington University, Washington,D.C. Dates of Attendance: 1985 to 1486 Degree: None/Completed 12 Hours towards LL.M. in International Labor Law and Trade Undergraduate Schools attended: • (1) Texas woman's University, Denton, Texas 76201 Dates of Attendance: 1971 to 1974 Degrees Bachelor of Arts/August 1974 IJI Major: History/Minor English Academic Achievements: (a) Academic Scholarship/National Presto Foundation, Eau Claire, Wisconsin • (b) Dean's Honor Roll oomlair • ` a • Continuing Legal iducation Courses Cosipletede 1984-Southwestern Labor Law Institute 1985-Legal aspects of International Business 1985-Federal Antitrust Law 1985-International Human Rights 1986-U.S. Regulation of International Trade International Labor Law in the European Economic community 1986-Legal Aspects of International Business Transactions 1986-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1987-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1988-Mandatory Continuing Legal Educaticn for Texas Municipal Court Judges 1989-Mandatory continuing Legal Education for Texas Municipal Court Judges 1990-Mandatory Continuing Legal Fducation for Texas Municipal Court Judges 1990-State Bar of Texas Practice Skills Course on Criminal Law, Family Law, Personal Injury Law and Workers Compensation Law 1991-State Bar of Texas Seminar on Deceptive Trade Practices and Collection. of Debts 1991-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1991-Texas Municipal Clerks Certification Program Sponsored by the University of North Texas 1992-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1993-Warrantless Arrests 1993-Police Misconduct 1993-State Bar of Texas Seminar on Suing and and Defending Governmental Entities 1993-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1993-Probable Cause/Riverside/and the impact on Municipal Courts • 1994-Mandatory Continuing Legal Education for Texas Municipal Court Judges 1994-State Bar of Texas Seminar on Advanced Criminal Law and Evidence 1994-Texas Municipal Clerks Certification Program sponsored by the University of North Texas 1995-Mandatory Continuing Legal Education for Texas Municipal Court Judges • , 1995-National Coalition for at Risk Children and • • Youth sponsored by the Continuing Legal Education Departments of Texas Woman's University and the University of North Texas • 0 PROFESSIONAL ADMISSIONS Admitted to Practice: (1) United States Court of Appeals for the Fifth Circuit: Admitted November 1, 1983 12) Supreme Court of State of Texas Admitted: November 6, 1978 13) United States Dsstcict Court for the Northern District of rexas: Admitted February 13,1979 (4) United States District Court for the Northern District of Oklahoma: Admitted Nov.15, 1983 (5) United States District Court for the Eastern District of Oklahoma: Admitted Nov. 15, 1983 (6) Occupational Safety and Health Review Commission: Admitted February 1979 PROFESSIONAL ORGANIZATIONS (1) American Bar Association Member Criminal Law Section and Judicial Administration Section (2) State Bar of Texas Member Criminal Law Section and Texas Municipal Judges Section (3) Denton County Bar Association (4) American Judges Association (5) American Judicature Society (6) National Association of Women Judges 171 Texas Municipal Judges Association 18) Texas Municipal Court Clerks Association DENTON COUNTY PROYSM AND 00 MUNITY INVOLVEMENT (1) Drafted and sought passage of legislation to enable the city of Denton Municipal Court to become a court of record. This was significant because it reduced the number of municpal • court cases which would be submitted to the County Courts on appeal and it enabled the Court to utilize various provisions in the :ode of Cririnsl Procedure only applicable to Courts of J Record. (2) Development art implementation of Juvenile Crime Interagency Coalition (JCIC) which involves the cooperative effort of Denton County, City of Denton, Denton Independent • ' School District, and various civic groups in the community. • • The JCIC has recently applied for a $100,000 grant from the State to establish a tutoring and mentoring program for juveniles at risk who have had problems with the criminal EXN~~~r p.5 a • E justice system. Denton County court Judge Darlene Whitten and I have worked together to facilitate the developiont of this program. (3) Development and implementation of the Denton Teen Court program which is a cooperative effort between Denton County, the City of Denton and the Denton Independent School District. The teen court non-profit corporate entity has been formed, board members selected and the hiring of the teen court coordinator is in process. (4) Development and implementation of a Work Release Prograru similar to that utilized by Denton County Courts for persons who are indigent and cannot pay fines or as a part of Court ordered community service work as a condition of probation. (5) Development and implementation of mock trials program for DISD middle school classes utilizing real Denton Court cases. (6) Development and implementation of juvenile offendcc counseling programs through Texas Woman's University and the University of North Texas. The counseling programs require family counseling as well. (7) Development and Implementation of a Seat Belt Usage Awareness program for families. (S) Development and implementation of a video jail arraignment system at the City of Denton jail facility. (9) Development and implementation of court documents in Spanish to assist the Hispanic community in understanding criminal process. (10) Participated in Denton County Law Day yearly. (11) Participated in Programs at Twin Lakes Hospital and Parkside Lodge for rehabilitation of offenders with chemical dependencies. • (12) Participated in Denton County Alcohol Awareness Program for rehabilitation of offenders with alcohol problems. (13) Participated as a speaker for Denton County Legal Secretaries Association. (14) Participated as a speaker for Denton County Boys and Girls Club. (15) Participated as a spuaker and seminar facilitator • • for University of North Texas and Texas Woman's University. j/3~T /0 Co lop, 1 p f (16) Participated as a speaker for all Government and Business Law classes at Ryan High School. (17) participated as a adviser to the Legal Barristers organization at Texas Woman's University. (18) Participated as a member of the Denton County Bail Bond Board and its various committees. (19) Participated in the Denton JTPA Program assisting Denton County youth in employment opportunities. (20) Participated as a speaker at various Denton County Bar Association meetings. (211 Participated in the Denton County Chapter of the NAACP as guest speaker. HOW RS I have received the below listed honors, prises or awardsi (1) National Presto Foundation Academic Scholarship (2) Dallas Independent School District Volunteer Award (3) Five Year Service Award, U.S. Department of Labor (4) University of North Texas Municipal Clerks certification Program/Honorary Guest Lecturer 15) Texas Municipal Court Clerks Association/ State Conventton/Honorary Guest Lecturer 16) Denton County Legal secretaries Association Award for Boas of the Year (7) City of Denton/Five Year Service Award (8) Parkside Lodge Drug and Alcohol Rehabilitation Facility Volunteer Award (9) Denton Independent School District Volunteer Award • r • a • OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM DATE: April 21, 1987 TO: Honorable mayor and members of the City Council FROM: Sandra H. white, Municipal Judge SUBJECT: SIX %16) MONTH FERFORRANCE EVALUATION I have prepared this summary of my accomplishments over the past six 161 months in an effort to apprise you of the strides which the Municipal Court has made under my direction and also to assist you in evaluating my performance. I would also hcte that this will assist me, together with ,our input, in formu- lating and implementing new challenges :or the upcoming six months. 1 take great pride in the successes to date, but realize there is mueh work yet to be done before the Court is operating as smoothly and efficiently as I would like to see, especially considering we are about to embark upon the "computer age." The majority of the progress impacts directly on the orderly, timely, effective, efficient, and legal administration of the Municipal Court system of the City. These accomplishments will be more fully detailed below. Implementing changes sometime breeds contempt for the changes • and the person making or seeking to make those changes. I believe that the contempt period is over and I now have the mutual respect of my colleagues within the City infrastructure as well as with the public. During the past six (6) months problems have arisen, however, I believe that they have been handled in a very professional and diplomatic manner, resulting in an enhanced working relationship with the other City offices • with whom I deal on a .aily basis. I believe from all indi- cations, that the public is better informed of their rights in • • Municipal Court and that they have been instilled with the sense that they can obtain a fair and equitable adjudication of their rights. The myth that Municipal Court was a "rubber stamp" of whatever the police believed, has been dispelled, . ~1(F~I~/THIS • o Pr ' • a • Sandra H. White Ps.tarmance Evaluation April 21, 1987 Page 2 lenA ng itself to the Court having an identity separate and apart from the police Department and the City Attorney's Office, which is as it should be. 1. PROCEDURAL CHANGES A. Jury Trials and Pre-Trial Conferences Upon becoming Municipal Judge it was my understanding that jury trials had been an extremely low priority$ which resulted in several hundred cases per year having to be dismissed because they were outside the confines of the Speedy Trial Act, which requires that the State of Texas announce ready to proceed to trial within sixty (60) days of the person being charged with an offense. It was axiomatic that the State could not announce ready if the case was never scheduled for ]Liry trial. One of my primary goals was to establist, a jury trial docketing schedule and pre-trial conference schedule which would guarantee that those cases, wherein a person pleaded "not guilty" to the offense and requested a jury trial, which is a constitutional right unless waived by the defendant, were in fact scheduled for jury trial within the sixty (60) days of the Speedy Trial Act. It was also a xno.n fact that persons were not even informed of their constitutional right to nave a jury trial and Is therefore, immediately implemented a proceaure wnerehy all persons are informed of their right and then asked how they wished to proceed. It they waive their jury trial right this fact is actually recorded in writing and signed by me. Jury trials were begun on November 14, 1M # just forty-five (45) days after I was hired. The pre-trial conference was seat manaatory after the first cases were actually noticed for trial, wnersin I was also confronted with examining cases wherin a jury trial had been requestea, but never set, to ascertain whether it was still within the sixty (60) • days of the Speedy Trial Act, i was 4010 to salvage approximately twelve cases that preceded my taking office. The rest had to be dismissed; The pre-trial conferences are scheduled for Monday, ten (10) days preceding the Scheduled jury trial dace. This conference lencs itself to announcements of ready by both the State and the aefenaant or the resolution of the case prior to the Court summoning • • jurors. In many instances the pre-trial conference has been successful in weeping out those cases where actual trial was not necessary, or where the parties could arrive at an amicable resolution with the ~XNI&7' 1 S • a • Sandra H. White PtL.ocmancs Evaluation April 21, 1987 page 3 Court's blessing. The pre-trial Conference has saved us many dollars in jutoc tees it the entire docket is disposed of. Since r started routinely having jury trial on every alternating Friday, I have presided over eight (8) jury and pre-trial dockets, which is a total of 58 cases and of those 58 cases five (5) were actually tried to a jury. I have summoned 169 jurors tot jury duty and to this end, I established the use of the Voter Registration Rolls to summon the potential jurors which is done at random by the Court Clerk's office. Also included in the jury trial procedure was the establishment of a $10.00 jury fee for jurors that actually served and a $6.00 jury fee for those sutmoned but not selected. it is also important to point out that heretofore the Municipal Court had a reputation for not having jury trials and therefore this was a m-e-EcEanism used by many defendants to'have their tickets dismissed. since we have implemented jury trials the number of jury trial requests has lesseneo, and as you will note, out of the 58 cases set only five were actually tried. It nas also reyuirea that presence of attorneys, uno naa previously Gone all their Municipal Court wocK from their oft ice telephone. The pre-trial conference is mandatory and therefore the attorneys are celactant to set cases tot jury trial because tneic tailuce to appear coula result in eneir client being acreated. A factor more important is tnat the scneduling of these jury trials basically reduces the city's liability foe what could be dunial of a person's Constitutional eight. As an aid to you in understanding the procedure utilized for jury trials I have attacked sample l copies of forms and documents which i have 1 implemented to ensure the proper, timely, and efficient handling of jury trials: • Exhibit "A": Jury Trial Docket Exnioie "B": Letter to Defenoant/Attorney Setting Trial Exhibit "C": Pre-Trial Conference Minutes Exhibit "D": Jury Summons Exhibit "E:: Cnarge of the court (jury • instructions re: otfense). B. Cash Bond Forfeiture Docket The law regarding forteiture of cash Donos, unich is P" •~G• di, .5 • A Sandra H. wnite Performance Evaluation April 21, 1907 Page 4 money held by the Court to secure the defendant's appearance in Court, requires that the Court establish A cash bond forfeiture a- .wcket. e defendant's name is to be called on the date set in the bond at the courthouse door and after noting whether the defendant answered the call, then the Court can forfeit the bond. Heretofore cash bonds were not separated from other matters heard at arraignment and; they were not set forth on a separate docket. I have instituted the correct procedure for disposing of Cash bonds, including disposition of any motions made by a Defendant or his attorney to have the bona reinstated once It was forfeited. For your review I have attached copies of documents formulated by me to handle cash bond forfeitures: Exhibit "F": Copy of Caen Bona Exhibit "G": Copy.of Bond Forfeiture Docket Exhibit "H": Copy of Juagment of Forfeiture. The primary consiaeratlon again, is the lessening of the City's liability for Denial of due procass to a defendant. C. Surety Bond Forfeiture Docket As with Casn bonds tnere was no procedure in place for the orderly, timely, or le;sl aisyosltion of Surety Sonas, whicn ace aocuments slgneo by a person (usually an attorney or bondsman) who guarantees the aefendant's presence at Court on the sate set fortn in the bond. Prior to my establishment of a Surety Bond Forfeiture Docket, surety bonus were disposed of in the same manner as cash bonds or an arrest warrant was issued. The net result was no payment by anyone of the fine amount and the law dictates that on a surety bond the bonasman has to be noti- fied and given an opportunity to defend himself against the bond forfeiture. Before actually Doing • able to deal with surety bonas that were being made otter I came on board, I first had r.o dispose of all the surety bonas outstanding which approximated about fifty (SU). Attorneys and oefondants were notified tnat a court appearance would be necessary on these old surety bonds ana tnat i failure to appear woula result in the cases Doing set Gown on • our socket seeking forfeiture, Which is a civil procedure, requiring a show cause notice being sent • • to the surety, entering a juugment nirt (inter- locutory oroer) and then final judgment. Tnese bonds were disposed or without the necessity of any Est *r ~S P. • O COY s~i".i V.Y.J. • a • Sandra H. White Performance Evaluation April 21. 1997 Page money held by the Court to secure the defendant's appearance in Court, requirss that the Court establish a cash bond forfeiture docket. The defendant's name is to be called on the date set in the bond at the courthouse door and after noting whether the defendant answered the call, then the Court can forfeit the bond. Heretofore cash bonds were not separated from other matters heard at arraignment and they were not set forth on a separate docket. I have instituted the correct procedure for disposing of Cash bonds, including disposition of any motions made by a Defendant or his attorney to have the bond reinstated once it was forfeited. For your review I have attached copies of documents formulated by as to handle cash bona forfeitures: Exhibit "F": Copy of Casn Bona Exhibit "G": Copy.of Bond Forfeiture Docket Exhibit "!l": Copy of Juagment of Forfeiture. The primary consiaecation again, is the lessening of the City's liaoility for Genial of sue process to a defendant. C. Surety Bond Forteitura Docket As with Casn oonds tnere was no procedure in place for the orderly, timely, or legal disposition of Surety Ponas, whicn are aocuments signed by a person (usually an attorney or bondsman) who guarantees the aefenoint's presence at Court on the date set foctn i the bond. Prior to my establishment of a Surety Bond Forfeiture Docket, surety bonas were disposed of in the same manner as cash bonds or an arrest warrant was issued. The net result was no payment by anyone of the fine amount and the law dictates that on a surety bond the bonosman has to bs noti- fied and given an opportunity to oefena himself against the bond forfeiture. Before actually being • able to deal with surety bonds that were being made after I came on boars, I first had to dispose of all the surety bonas outstanding which approximated about fifty (SU). Attorneys and defendants were f notified tnat a court appearance would be necessary on these old surety bonds and tnat a failure to appear woula result in the cases being set down on • out docket seeking forteiture, which is a civil • • procedure, requiring a show cause notice oeing sent to the surety, entering a juugment nisi (inter- locutory order) ano then final judgment. These bonds were disposed or without the necessity of any egolsir P. • a • Sandra H. White Pe.:ormance Evaluation April 21, 1987 Page 5 civil proceedings because the attorneys and bondsman realized that in fact this Court would put them through the civil process which is quite time consuming and burdensome, since disposing of all of the old surety bonds, attorneys and bondsmen have written very few surety bonds and on those that they have written they or the defendant have appeared as required by the bond. I have two cases where, in fact the attorney nor the defendant appeared, and these two cases are being prepared for the show cause notice, The oocuments generated by me, with the help of he Legal Department, for this procedure are also included herein as: Exhibit "I": Surety Bond Exhibit "J": Letter to Defendant/Attorney Exhibit "K": Judgment Nisi Exhibit "L": Show Cause Order Exhibit "M": Final Juagment. As of this writing I nave presided over 56 surety bonds, since I nave become Judge, and disposea of those that precedes my arrival. D. Attorney Dockets Anotnec area that nuecao immeoiate dtcention .as tre acuse of our Court oy attorneys, cor the most part, attorneys transactea all of t:ue:r municipal Court work oy telepnone, wnicn createu confusion ana an inaccurate disposition of many cases. It even resulted in persons being falsely arrested. To alleviate this proolem an attorney uocket was begun, which is now nela on Monoays following pre-trial jury conferences. The Court no longer transacts any Court business by telephone and all attorneys now know that they must present all communications with the Court in writing and the Court responds accorcingly - in writing. During the attorney dockets the Court does hear oral pleas, however, the • pleas must also be presented in writing, not only to protect the defendant but more importantly to protect the Court and the City. The attorney dockets were initially hela on Tuesday at arraignment, however, the number of attorneys appearing callea for a separate docket. Since the inception of the socket call ana the nalting of telephone pleas, the court has not had any problems • arise with regards to miainterpretea or mishandles • • information resulting in a person's arrest, thereby eliminating any potentiai riski for the City. I have presided over twelve 1121 attorney dockets, EX0~P.~r p~s • 0 • • Sandra H. Wnite Pt.formance Evaluation April 210 1987 page 6 averaging ten attorneys each with an average of six cases each. In this regards approximately 720 cases have been disposed of at the attorney docket calls. Attached is a copy of a Court generated letter to an attorney advising him/her of the need to appear at the attorney docket call (see exhibit "N"). E. Deferred Adjudication Program Deferred adjudication is a type of probation wherein a defendant pleads guilty to the offense and his fine is set, however if he wishes to oe placed on probation and completes all terms of his probation, then the entire case against his/her is dismissed. The defendant is then only charged a special fee for handling the case in this fashion. This program was implemented for youth who had a sincere desire to correct their wrong. Tte program is available to those persons charged wit., offenses such as "minor in possession of alcoholic oeverageli "theft under $2u.001 "assault"1 'public intoxication*; "disorderly conouct"1 and various other Class C Misdemeanors other than traffic violations. Since the inception of the program, I have nao twenty-five (25) participants actually begin and eno the program. Several who oegan uecioed to pay their fine and live with me conviction. The participant) are rayuireo to cuoose a Community Organization ano volunteer their services to the organization for whatever nwmDec of nou-s the Court imposes, which usually averages thirty (30) hours. They are also required to write and turn in two reports, the first one being an overview of the organization chosen, why they chose it and the type of volunteer work they will oe performing. The second report gives a detailed discussion of the work done, and a summary of benefits derived and given to the community. Each participant is given ninety (40) oays to complete the program. Thus far the participants have volunteered their services to the YMCA, North Texas Drug and Alcohol Abuse Center, several nursing • homes for the elderly, Denton Community Theater, American Red Cross, various churches and church affiliated organizations, Denton parxe and Recreation, Denton Public Library, and I have personally supervised the work of one participant doing clerical work in my office. Of the partici- pants that have gone through the program, none nave • had any further encounters resulting in criminal • • charges. The feeooack from parents ano the interest of parents In the program has been .forth the time and effort it takes to interview the participants EXN or P• V E • O • Sandra H. white Pe oLmance Evaluation April721, 1997 Page and counsel with them through the 90 day period. I have attached sample copies of the paperwork generated to handle this program: Exhibit "O": Court order Deferring Adjudication Exhibit "P": Release of Liability F. Warrants When I first arrived and was given approximately 2,000 variants to be signed and issued, I was confronted immediately with trying to resolve the numerous inadequacies found on the face of the warrant. Persons were being charged with failing to appear for their court date, out nowhere on the warrant was this evident except on the total fine amount due. This needed immediate correction and after various meetings with the Finance Director, John McGrane and the Data Processing Director, Gary Collins, we weir able to correct the 20000 warrants. Needless to say, it created a tremendous amount of work to be redone by the Court Clerks, out in the long run it saved the City from another "Gladden" case. It was also determined by me that many of the offenses stated on the warrants were either incorrect or not sufficient to put a reason- aole person on Notice of the Allagea Offense. rhis proolem was corrected, as was t.e proolem of the warrants oeing changeu by the Police Depaccrient after they nad already oeen signed oy the Juoge. Tnese ware extremely ser-is problems wnicn affected a person's liberty and I tOOx the necessary steps to see that this was immediately corrected before I ever signed my name to a warrant. Since Decoming Judge, I have issued approximately 5,u00 warrants and it is a priority that warrants be issued immediately after a person fails to appear or does not adhere to a Court Order. 0. Jail Arraignments • Jail arraignments have more than doubled since October 1906. During October and November jail arraignments could easily be performed in about twenty minutes, now the process tAKes at least an hour Monday tnrougn Friday and on weekends at least two hours each day. There were also many days where no one was in jail, nowever that has oeen a rarity • for trio last two months. Although there is an Alternate Juuge, I nave only required his services one time on the weekends. All other times I have been available to perform jail arraignments, EX N 1 61 Ir 5 pe I • Q • Sandra H. white Pe.co:mance Evaluation April 21, 1981 Page a Jail arraignments have also resulted in bringing certain conditions to light which were corrected by me. for instance, Fail to my becoming judge, persons were left in jail if they could not pay the fine imposed. The Texas Penal Code specifically states that a person charged With a Class C Misdemeanor cannot be jailed because he is too poor to pay the assessed fine. I implemented the pro- cedure of ascertaining a person's ability to pay and if he/she cannot pay, then they are released and given an extension of time within which to pay their judgment. Then if they do not pay by their dead- line, a capias pro fine warrant is issued which does allow the Court to keep the person in jail until the judgment is satisfi^d by cash payment or jail credit time of $15.00 per day. Another procedure implemented during jail arraignments is the use of the Magistrate's warning Sheet, certifying that' the accused was addressed of his rights under the Texas Cooz of Criminal Proceoure, Article 15.17 and that peodable cause exists for nls detention. This farm is attached as Exnioit "Q". I an also cesponaiole for arraigning persons in the City jail tnat were arrested also on County warrants ar other jurisuiction's warranti :nere the oonus nave ueen set. I am, in conjunction with the Citf Attorney's Ottice, wocKing out procedures to arraign aefendants witn County charges where the bond nas not been set. As of this writing I have arraigned approximately y19 persons in the City jail. H. Non-Jury Trials The Municipal court's non-jury trial docket has not required any extensive reformatting nor the imple- mentation of any new procedures. Due to the • Increased number of cases, however, I envision that non-jury trials will be scheduled for every Thursday. Currently they are scheduled en alternating Tnursaays. I have presided over 139 non-jury Trials. 1. In-Court Arraignments Arraignments are csrcently held on every Tuesday at l:uu P.M. Tnis is the defendant's scheduled appearance date wherein he/she enters his plea of EX14 I & 7' 14f Aar r k ~ r+rti ~ • r~~~4,~5~. . a • I' Sandra H. White Pe.cormance Evaluation April 21, 1987 Page 9 'guilty", o contest', or 'not guilty" to the offense with which ns/ahe is cnacged. A person can judge this procedure if prior to nix appearance day he/she disposes of the matter at the Court Clerk's Office. Normally if a person wished to discuss his came with the Court, he/she will appear on acrriign- mont data. I have presided over 29 arraignment sessions. Approximately 250 to 300 persons appear, totalling 70250 cases that I have disposed cf in some manner at arraignment. The Court will be foregoing in-court arraignments when the computer system goes live. We will then be using 'a pay or go to court' type of system. A person who receives a ticket/citatio,i/summons till no longer be given a scheduled court date to appear for arraignments, but will have ten 110) days to either pay the standard fine or get scheduled for trial. Along with this procedure, I will maintain in-court office hours three OLys a week, wherein a person not wanting to go to trial nor wanting to pay the standard fine will have access to the Judge to discuss some other resolution of the matter, I.e., a fine reduction, detected adjudication, Installment pay plan. It is hopeful that tnis procedure wili reduce the number of cases actaaily set for trial, reduce the number of pay plans, extensions, and result in a speedier recovery of assessed fines. This procedure also will work beat with the computer system that is being implemented. J. Appointments One of my goals was to ensure my accessibility to the public, nowever, I do not routinely take -ip matters in my office on an appointment basis for matters that are scheduled for Court. If this were the case no one would come to arraignments if they could schedule appointments. Appointments are reserved for emergency situations, persons who seek guidance in helping them resolve numerous matters pending in the Court, problems concerning juveniles and parents, and a host of other miscellaneous matters that cannot be adequately responded to in Court. To this end I have had approximately 126 scheduled appointments with citizens, approximately 150 walk-in appointments and these do not include appointments witn persons on deferrea adjudication. • 0 Most persons find that I am open to setting appoint- • ments and in many cases I set the appointment because I believed a person's problems were too involved to fully understand and resolve at p• g 4 y yam, Y'M '4l~R'r~'~ )tl y 0 • Candra H. white Performance Evaluation April 21, 1987 Page 10 arraignments. I oa not believe in treating one person different from the next and there have been several persons who wanted to resolve their case outside of Court at their own convenience and when I was not receptive to giving them preferential treatment they have sough: other redress. R. Appeals Implementing procedures to handle appeals to the County Court has been a major task. I can safely say that the Court has finally been s..ccessful in getting the attorneys and the Court Clerk's Office in compliance with the legally correct procedures. As you know, 1 am dismissing approximately 2,000 cases with an average fine of $50.00 because the cases were appealed and never submitted to the County. These cases encompass 1945 through September 1986. The figure of ;99,000 was given to the council" during my last visit as the total revenues being dismissed because of inadequate procedures for handling appeals. I am currently preparing 300 current cases to be submittei to the County. This will be our first real attempt at submitting appeal bonds, and I intend to collod these cases at the County to fine ,iut what tr.e ultimate disposition is. Prior to their act:al sucrission, I intend to discuss now the County intends to hanale them with the 3uages at the county Ccurt level. Before we could expect the County to prosecute the cases cn appeal we had to ensure that our own procedures were beyoid approach. I have been diligently working towards that end, in making sure that 'notices of intent to appeal" are not processed after the defendant's appearance date and that all docketing is performed, all judgments entered and all attorneys notified by certified mail return • receipt, as required by Texas Code of Criminal Procedure Article 27.14(b). Heretofore, 27.14(b) was not adhered to. If an appeal is taken after entry of judgment in open Court we now ensure that appeal bonds are not accepted if they are not submitted within the 10 days allowed. Nor are appeal bonds accepted that do not meet all legal criteria. The adherence to the legal requirements ' • on our part and the attorneys actually engaged in appeals has substantially laspened the number of appeal bonds being filed. Until such time as the Court becomes a Court of Record the appeal process 9Y, #41 lb IT Is P• ~a o . ea M Sandra H. White Performance Evaluation April ]l, 1987 Page 11 will continue to be a problem area, however with consistent and constant processing or the bonds the impact can be reduced and eliminate the need to dismiss cases merely because the process is time consuming. To give you some idea of the work involved I have attached copies of forms generated concerning appeals: Exhibit "R": Letter to Attorney Res Insufficient Appeal Bond exhibit "S": Response Ctitrk.t to Notice of Intent to 'Ap;,i;. I believe that the above examples fully set forth the newly established procedures or reformatted procedures that I have implemented to ensure that the City's Municipal Court System is well within the guidelines and parameters allowed by the law. I believe that these procedures have resulted in a greater respect for the court System by the public, the attorneys handling cases in Municipal Court, and other City offices. II. PUBLIC CONTACT As I stated, a large potion of my tare is spent in wr.at I consider "counseling". Prior to ry coming aboard we had numerous habitual offenders who were on pay-out plans, and who had been on these plans for years. In these short six months I have come to know these people well and I have helped them with everyday problems, e.g., obtaining insurance, getting a driver's license, taking defensive driving, and arranging for payment of their past due fines. Because I have been firm yet fair, most never mlas an appointment and most always appear with money in hand as agreed upon. Heretofore these people were totally indifferent to their indebt- edness, and I was informed by many that they would not honor their agreements made with me. I took the chal- lenge and I have successfully reduced several of these cases down to zero balances and I am working towards that end with other persons. Most of those people really just needed someone to share their frustrations with. I have helped many persons who owed fines, find either full-time of part-time employment, in securing adequate housing and basically equipping them with some . skills to deal with life. I have also given eight seminars at Denton High School. The students were quite eager to understand how municipal Court operated and how convictions could 001a~rlIr 0 • Ip • Sandra H. White Performaa,re Evaluation April 211 1987 Page 12 affect the remainder of their lives. I have met with th. Denton Beautification project Committee, because they were interested in using some probationers to maintain the project once implemented. I have been invited to speak at numerous meetings and I also appeared on cable television to give an overview of the Court. I have attended a seainar on becoming a Court of Record, visited with the E1 Paso Municipal Court in helping to set up our computer system. I have been invited to join the Denton County Bar Association and I will be attending a Municipal Judge's Conference in early June. Finally, I have prepared a pamphlet outlining a person's rights in Municipal Court. This will be typeset in much larger and bolder type and then framed in a 16 x 20 enclosure near the Court Clerk's Office to apprisft the public of certain basic and fundamental rights. (Attached as Exhibit OV A Municipal Court Procedures Guide was a project that I began, but I felt it would be prudent to put this project on hold so that it could encompass the new procedures which would be implemented with the computer system. I have been working closely with the Legal Department, Finance Department, and, Data Processing in reviewing forms, complaints, and fine lists to ensure that the computer system is implemented by the target date of June 1, 1987. I am also working on an in-house coomitte± to study the feasibility of oecoming a Court of Record. Finally, I welcome any suggestions or any specific goals, which you believe should be addressed in the future. My request is that if there are certain stand- ards or certain criteria by which my performance is to be evaluated, that we attempt to set those criteria down in writing, so that I may be evaluated accordingly. As you know from previous communications, I have asked for some direct assistance on carrying out my job duties, such as a secretary. I believe as I did then, that this is a vital position considering the amount of paperwork • involved in my daily functions. My final request con- cerning your evaluation is that I be raised from my current salary of $31,895.00 annually to an annual salary of $120895.00 retroactive to April 1, 1987. In closing, I thank you in advance for your confidence in my ability to represent and serve the City as I • Municipal Court Judge. , • • 1 Respectfully Submitted, 1 .~aa~c. ~4/ • Jj r Sandra H. White 0 141 Y0 lseaj , ~ Z • 0 • D OFFICE OF THE MUNICIPAL JUDGE MIMORANDUM TO: Sonorable Xay.~or i X90b6rs of the City Council leara H. 1fOiq b 1 Judge SUBJECT: Fiscal Year 1~=r[ormance Evaluation BATS: October o, loll it has been one year and two • singe 2 was appointed to the position of Xuaicipal Jud '~as been a year filled vith revelatiosio, hard wort r Ing moments. TU purp0 of this writL 4¢ Is to sh~a~yy' some o[ the WccysM~ l 'diita, some of the obstacle r;¢okii• sOlutione to the problww mad future goals and asQirations of the Judge's Office. by sharing this information with you x ileve that it will equip you with the needed information necesf•~t} to evaluate my past performanee and enable you to offer your ed9gestions for reaching goals set for fiscal year 1987-88. 1. As you Will recall from my evaluation in April it was brought to your attention that there were serious problemr in the manner in which "justice" was being rendered in Municipal Court. The problems were confronted head-on and resolved, however, as one problem was solved it seemed that two more would appear to take its place. Additional inadequacies with thq,pout s stow peovered and to add to .thin. the Cogft.Clark s.Ott, ipl&4vo with oa•e backWo due to frequent eaployN -over aaa inadequate eu rvision. These problems had a direct impact on the Judge's Office. Considering the probleiu t#at occured since April I believe that thL;tatistical it6 ied herein on schedui4~ E- to 9, will re 1 that the tics was quite succo lIn administerimw justice Fee icieat aM tlaely aboutit* oftbo•t~ IRathedr thanhreduv nirIfiation at s your attention to the for a brief overview of the statistics and what they bVly. Now that the statistical data has teen reviewed, let me close this portion of the report by stating several things. First of all, one my major goals im fiscal year 1986-17 was to instill a 'new birth' into the City's Court Systemr one that , • alluded to a sense of fair play, equity, respect and justice. • • The myth that this Coast we*,a 'rubber stamp' of the other branches of the City governdaat has fell by the wayside - and this is as it should be, if citizens are to believe and trust in their City government. EXk~bi~ 1~ n o • s Honorable Mayor i Members of the City Council October 9, 1987 Page Two Secondly, I have heard and perhaps you have also, that revenues generated by Municipal court are down. Frankly, revenues generated - or-.,not generated by Municipal Court should not be ,Od are no to be considered by the Judge. This type of uct is In direct oont0wention of the Judicial Cold-. Conduct.'larVw Judges i snit abL4W by this Code. I(j veouss are considered to be dorm iA. fis"I . year 1016-87j!1 snggsst ,that there are numerous reasons for this, other n the fact Chat the Judge is •nilly-villy' dismissing cioos. I an bound by certain legal requirements, legal ethics, as wil.as, judiofal ethics and if tbey require or dictate a dissiissal,'thiA 1 suppose I am 'guilty' of dismissing oa a' I bring this polat be your attention because I fM, tfy It it is V iaportaet to distinguish the judicial bi ^Of the q t from the other branches which are en ted withaamaeatinq and reviewing the City'a:revgtial In olosinq, there are many potential revenue sour ~b 1lttii~~nicipal Lrourt, but the" 'resources will remain untapped until the Clerk's Office efficiently carries out the orders of the Court and Judge. 11. NEW PROCWWRI/ IMPLEMENTED A. During fiscal year 1986-87 new judgment cards iiere formatted to distinguish between defendants on a time piy plan versus those taking defensive driving. The purpose was to out cases being misfiled and therefore unlocatable. The f ped twice in an effor~~make theft n~lj all possible dis The Ex""MUccrurtroon procedures and they have supplied the Court Clerks with mediate retrieval of vital ifforeatLon. They have significantly reduced the number of da ~W#, taobed age a copy of each uudgae10 sn and a copy of the old card sseedd 4w a • B. To lessen the risk of a lawsuit because a defendant was placed in jail and claimed indigency, new procedures have been implemented to assure that a defendant's indigency As recorded. if a person needs more time to pay the j t, then &a indigency hearing is held, requiring trA defendant to`swear to facts about his/her financial condition. If it is determined that a defendant ' 0 is indigent, than a Court Order allowing installment ~jtH 1s) Z 1 P• o . • w • Honorable Mayor i Members of the City Council October 9, 1987 Page Three payments is entered. This order allows, if violated, a defendant to be jailed even if indigent, for contempt of a Court Order. Copies of these new documents are attached. C. A new policy xiks L% yherein if a defendant is in jail or want to be eV to jail to serve out his/ her fine, a voU*ta WL tt#a request to lay ouc the fine in jail is bb"I"d. ' D. Now personal recognisance bonds have been instituted to confors to the now requiftments of the law which became effective 8eptas"r 1, 1987. E. Dffective Septvi4is 1, 106, many laws within the Court's jsrisdicLion were asended resulting in the need to make changes in sous of our procedures 1) Notarised affidavit required for defensive driving - Implemented, Z) Required wordage on tickets advising of right to take defensive driving - to be stamped on tickets already purchased - stamp being made, 3) $10.00 administrative fee required when case dismissed for taking defensive driving - Implemented, 1) $10.00 adrs"nistrativi fe4 required for dismissal of insuranoe tickets whom proof shown - Implemented, 5) State costs raised to $10.50 and $5.50 on City Ordinance violations - Implemented, 6) $3.00 ar'tsat fee required on all convictions - Implemented, 7) Required wordage on tickets regarding suspension of • drivers license if convicted of no insurance - Implemented, 8) Additional $75.00 state costs required on all insurance ticket convictions - ;mplownted, 9) Must now enter judgment on tickets for defensive driving, to enable enforcement if course not taken - Implemented, , 10) Juveniles entitled to hearing outside purview of public - being implemented, EXN 11d~ r 16 pea 0 . r9 ~,nVl~tvll i s. 04 • ~ p r Honorable Mayor i Members of the City Council October 9, 1967 Page Four 11) Sealed files required on juveniles - being, implemented, 12) Jurisdiction over all juveniles regardless of offen" - being implesiontod, 43) cash bott4re prooedure changed ro- quirlag try 0 udgment nisi, show cause hearsnq arA eo lnal judgment for 9 months - being iaplMaentbd, 14) 145.00 per day or part of day credited to fine for tU* in jail - Implemented. t. All boo for jail-rellpu changed to 1213.00 ragar4 of offers Implemented. G. New diapositiaa oo#oa entered with Data Processing to reflect cased p appeal and bonds forfeited, thus reducing number of outstandiug cases, which according to DP is 25.000 - Implemented. H. Monthly judicial reports being submitted on regular 30 day basis as required - Implemented. 1. Conviction notices on all cases being submitted on regular basis after 10 day to appeal has elapsed - Inplemsnted. J. A11 ca"o on appg4 ' 1914, 1945 and thru $opt. 1986 that Were not :abet to County are being dismissed - Implwnted. X. Court Clerk's P cf manual begun. Judge instructs on si l tie l VArdiremente in memo and signs oft *a'ifMmo bolo it 14 implemented in manual - • L. New fines proposed4or •V 87-88 (Copy of current fine list and proposed attached) N. Issuance of capias warrants on old judgments - Implemented. N. ?on day review of pay Out plans begun to keep current on • issuance of capias warrants - implemented. ' 0. All cash bonds posted in cases being appealed are returned within 30 days of row ipt of appeal bond - Implemented. Pei 0 • a • Honorable Mayor i Members of the City Council October 9, 1947 Page Six problems and questions. I believe that this will be good public relations for the Court and should alleviate some of the public's concerns when new laws take affect and they are unaware of them until they reo♦ivo a ticket. e. Due t. traiiendwl• dLber of unpaid parking tickets which are reall~Yunenforceable as far as collection of the tin" and Uddh are currently not docketed into the tystem, I an proposing that we attempt to gain greater collection of these fines by offering the public, by legal published notice, for a two week period, an opportunity to dispose of three tickets for the price of one ticket or 1/3 of the fine per each tieksts. !hose restraining unpaid can then be entered into the computer system to be placed on the computer generated 'hot sheet.' C. I propose that new parking tickets be drafted which would impose a penalty after the initial 10 day period to pay or contest the ticket has elapsed, i.e. In other cities the fine doubles each 10 day period that it remains unpaid or uncontested. D. With the implementation of the computer system, we will no longer have In-Court Arraignments. Instead a person will have 10 calendar days to either pay the fine or contes the ticket at the Clerk's window. It a pat"n nether ws~ to pay the standard fine nor go t4t4al than they come to established Judge's Courtroom Office Bourg ich I anticipate setting on Mondays, Tuesday* and Wednesdays from 10:00 to 12:00 and perhaps one evening session from StOO to 7:00. These as ltiI er►abto a 1mrson to come in and seek a 1 fi tista, di•sis*4, time pay plan rather than act*Allf Setting the came for trial. • E. Surety bond, cash bond and juvenile dockets will be set up to be hold on Monday afternoons. The juvenile docket will be heard after school hours. i F. Non-jury and jury trills will be held weekly as opposed { to thm current bi-weekly method. In essence with all the dockets and office hours, court will be held daily. • • • G. I intend to work with Data Pioceasing and Legal to get the jail arraignments and the jail activity input into the automated system. I strongly fool that that jail caselaod should be computerised to lessen the risk of improper case management sines accuracy when dealing with a person's constitutional liberties is at issue. • e Honorable Mayor 0 Members of the City Council October 9, 1987 Page seven H. I will also be proposing that certain City Ordinance violations be amended to raise the fine limit to the new maximum allowed by law which is $500.00 in some cases and 12000 in others. This would not affect traffic cases or penal code violations which are still limited to 1200.00. IV. PUBLIC CONTACT As stated in my evaluation in April, I spend many hours counseling youth, talking with their parents, visiting the high school civic and business law classes and visiting with various community leaders. I have already scheduled several high school visits for the next two months and I will be participating in Texas Woman's University Law Day and the Gity's Youth in Government Day. During the summer months, I employed a JTPA youth who was very useful for filing and clerical work. I asked the City to allow me to hire him on a part-time basis for 8 months. After the City advised that this was acceptable, the JTPA, seeing our enthusiasm for helping this youth, agcoed to pay for 1 months of his employment, and then put him under the summer program again. JTPA is paying for his first 4 months which officially began, October 8, 1987. My involvement in community affairs will b.r.ome greater now that matters in the Court Clerk's Office have finally come under control and guidance from s very capable individual. VI. SEMINARS/ALTERHATE JUDGE I, and the alternate Judge, Robin Ramsay have both attended the required Municipal Judge's Training Seminar for ►y 86-87. I intend to attend a seminar in November concerning computers in the courtroom. This is a week long course and promises to e be very enlightening. The Alternate Judge is being kept abreast of new changes in the law and in our system by copying him with relevant memos from me and the legal department. He and I will both have a copy of the Court j Clerk's manual being formulated. I am still informally seeking another alternate Judge and I have discussed the matter with several lawyers in the area, however most have 6 indicated that the hourly wage rate is insufficient. Currently, I have not had any problems in being able to rely • • on Judge Ramsay in my absence. i ~'xNll3~7l~i p•(400 • a • Honorable Mayor i Members of the City Council October 9, 1987 Page Eight VII. MUNICIPAL COURT CLERIC'S OFFICE Since Mark McDaniel has been named Acting Court Administrator the clerk's office has tiken-on an entirely new direction. One that I an quite pleased, with considering the problems that have plagued that office. Mark and I have established an excellent working relationship and we seem to be able to get things accomplished in just a short period of time that continued to be overlooked, ignored or disobeyed in the past. Not one request by me has been ignored, but instead, Mark has offered excellent ideas and goals for the office. All warrants have been prepared for all courtdates thru September 1987. The backlog of capias warrants has been started and cases that has been hidden and forgotten about have been worked. Mark and I combined our efforts and have substantially reduced the backlog in the clerk's office. The office has been structured and organized in such a way that the work flow is much more timely and efficient. Because of the problems that existed that went ignored for several months and my inability to direct the clerk's office I firmly believe that the clerks should be under my direct control to ensure that court orders are carried out and if they are not I can take the necessary recourse. I would suggest that Council re-evaluate their position regarding control and supervision of the Court Clerk's Office. I might add that in most cities the clerks and warrant officers and bailiffs are under the supervision of the Judge. • VIII. SALARY INCREASE j In April I asked for about a 101 increase in salary based upon performance and market rates. since this was a new position and a mid-year review I was given i a 51 increase with the response that at year -end review 7 • a • Honorable Mayor i !embers of the city Council October 9, 1987 Page Nine if my performance was acceptable, that I would receive an additional 51 increase. This 5% was requested and approved in the 1987-88 budget for the Municipal Judge's Office. I strongly believe that my performance merits this increase considering the number of hours required to perform this Job beyond more adequate. I am also required to work week-end and holidays whereas most cities have a part-time Judge who does this work. Unfortunately the budget will not allow me to assign t..is work to the part-time Judge every weekend or every Holiday and I personally do not believe that he would want to agree to such terms. In addition I believe that I have made a substantial contribution in reducingr the number of suspect practices that were occurring and the savings to the City in legal fees far out weighs the increase asked for. ( A copy of the budget request and approval is attached). I also requested in my 1987-88 budget an 8% increase in salary over and above the 5% request due to the current market rate in surrounding cities. I suggest that the survey may not reflect the same amount of work or hours performed by these Judges, but in any event it is quite apparent that the 58 increase will not put this position in parity with other similarly situated Judges in similarly situated cities. I do not believe that this request should be based on performance or merit as it was presented in the budget request as an increase due to disparity. Because this item was approved in the budget I assumed that it was automatic, however, I felt compelled to bring this matter to lour attention at this time to erradicate any confusion. I reiterate that in my opinion this position requires and commands a higher salary than • that currently being offered. As a full-time Judge for the City and a full-time Magistrate for the State of Texas the salary should and must reflect the the full range of duties inherent in the position. • Respectfully Submitted, ' • • 70 I!s SANDRA H. W WHITE p•8 ~ n v' • • D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: HONORABLE MAYOR L MEMBERS OF THE CITY COUNCIL FROM: SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT- Performance Evaluation FY 87-88 DATE: Oc,ober 3, 1988 Believe it or not, another year has passed, a year of many changes and procedures for the municipal Court and Judge. Since becoming Judge, I have seen the Court transformed into a well engineered and functioning Court system. At my last review, we were on the threshold of incorporating numerous new policies and procedures. Now those procedures and policies have beer refined, redefined and some have become obsolete as we continue to incorporate new and innovative procedures into the Court system. This evaluation will briefly highlight the transformations to date. 1. New Procedures Implemented A. The Court has initiated several new Courts in an effort to lessen the number of persons having to appear on any one court date, to lessen the number of police officers in Court at any one time, and to increase the public's access to the Judge. Basically, the Court :.as entered the age of specialization in an effort to be more efficient. The Courts added are: (11 No Contest Docket - held alternating Fridays Persons who plead guilty at the Court Clerk's office but who still wish to speak to the Judge. This docket averages 25-50 people per Court. • (11 Juvenile Trials - held alternating Mondays Juveniles between 10-16 years of age charged with Penal Code and City Ordinance violations. This does not include traffic offenses. 131 Juvenile Arrai nments - held alternating Thursdays A 1 Suveniles accompanied by a parent or legal guardian. These are traffic offenses and minor in I • possession of alcohol charges--ages 10-18. • • {41 Indigence Hearings - held alternating Tuesdays Persons who are still unable to pay after three l'1 extensions have been granted, attend Court to show proof of indigency and seek a payment plan. OW'dir 17 • • Performance Evaluation October 3, 1988 Page two (5) Bond/Summons Docket - persons who have posted bond come to Court to enter first appearance or persons summoned to Court, appear to enter their first plea. In essence, Court is held every day except Wednesday. Pre-trials are sill held on Mondays, with Jury Trials on alternating F idaas, and Non-Jury Trials held alternating Thursdays. Beginning in January, 1989, Juvenile Arraignments will be moved to Mondays, and Non-Jury Trials will be held eve Thursday to reduce the number of cases set for trial and reduce Police officer and Prosecutor time in Court. Due to the increase in tickets written and request for trials, ` Court dockets were requiring substantial trial time past f 5:00 P.M. B. Besides additional Court days being aided, perhaps one of the more important new procedures is the implementation of the computer system. The system went on line in late January, 1988, and we have consistently been adding its use in phases. We started with the Clerks using it at the windows, and have now been using the forms generated by it for Court trials. The system's use is constantly changing as we try new procedures in conjunction with the computer system. The Court now operates with a terminal in the Court room which facilitates the Clerks work and also, immediately updates a person's case. C. New ideas are being developed to deal with the increased juvenile traffic for whom the Court really has no direct enforcement should a juvenile fail to adhere to the Court's punishment. Some of these ideas center around juvenile programs such as alcoholic therapy, drug therapy and family interaction type of programs. D. The Court has deleted several items which at my last review were being implemented, such as the $10.00 insurance dismissal fee (held to be unconstitutional), and the $3.00 arrest fee. E. I am extremely pleased that with the aide of my secretary, who has only been on board since March, 1988, that we have filed approximately 300 cases with the 1 r County Court, and have just recently had several • • decisions rendered in our favor. The County and my secretary have been working closely, to ensure that the cases we are filing meet certain standards. These procedures have enabled us to implement procedures that EXktolIT /7 h•Z • 0 Performance Evaluation October 3, 1988 Page three w1i1 allow our cases to be heard on the merits and not dismissed because of technicalities. our f+ling of these cases has substantially decreased the umber of cases being appealed as you will see in 'he statistics summary. F. A procedure for processing parking tickets, an issue that has heretofore been unattended, has now resulted in major collection of parking citations, and these violators are regularly summoned to Court. All parking citations are now tracked for the first time in eight (8) years. II. Statistical Data Current Year Oct.087-Flu 88 FY 86-87 A. Total Cases Filed 3 ,ses N/A B. Total Cases Paid at windows 16,343 cases N/A C. Total Cases Tried by Judge 3,139 cases 806 cases D. Total Cases Tried by Jury 23 cases 13 cases E. T-3tal Cases Pre-Trial Hearings 214 cases 153 cases F. Total Cases Juvenile (Jan. N/A rials o5 g•88) 1 G. Total Cases Juvenile (April- Arraignments 518 Aug.88) N/A H. Total Cases N~ (April- contest Docket= i40 Aug.88) 301 cases Total Cases Indigency (March Hearings 270 Aug.881 N/A S J. Total Cases Bond Docket 2,004 cases 653 cases • • K. Total Cases Deferred Dispositions 51 cases 69 cases 60 1WT /7 P•~ 4 • 0 • r Performance Evaluation October 3, 1988 Page four L. Total Cases Appealed 488 cases 767 cases M. Total Cases Submitted to County Court 307 cases 142 cases N. Total Warrants issued 6,006 cases 1,002 cases 0. Total Jail Arraignments 1,255 cases 1,789 cases * The No Contest Docket took the place of office appointments. The statistical data shows an increase in the cases being heard before the :udge, due to the increase of cases and the various Courts added. The data shows a drop in cases appealed. If no data was supplied for FY 86-87, this indicates that the 87-88 data is new because of new Courts mandated in large part by law and more public accessibility. III. On Going Projects Summary A. The Deferred adjudication program has been a great success. It has become known to the public and the community organizations and now Defendants, are opting for the program in those cases where it is available, and organizations are calling, asking for probationers to perform volunteer service. I am currently reviewing a new program available to help minors who have alcohol dependency problems. B. Teen Court is still being considered as an alternative. However, it will require additional study. C. Becoming a Court of Record is currently being evaluated • for implementation in the next two 12) y^ars, or in conjunction with the opening of the Law Enforcement Complex. D. A Municipal Court Advisory Committee was begun to keep all departments involved with court business abreast of concerns, problems and goals. To date, it appears to be a very functionary unit which has lessened the problems , associated with implementing numerous changes. • • Iv. Public Contact As stated in previous evaluations, I spend many hours E~IH 113~T • a • Fege fire yo.th, tal \t1a wIt t, heft r"Ontf, It %1110 thr sz'cc:'s ctvtc an.1 t"Siness law, r1R4.es Ar14 N'14w 1114 with •:a:::.s CN~rrunity leadcts. A. I have alteady scheduled setVfai hldh 8,-hri1 vtrits tot the next two months. In mtd-feat, me htdh schrrl student prepared a video tot a class rkojoet, And rat Municipal Court was the theme. B. I have give lectures to the t~entdn ('runty 104A1 Secretaries and have been invited tc speak td sok-AtAl oth+r professional women's utpAhtsattonA. C. Since January, I have been involved in tearhin4 r'tlminAl Litigation at the VTI Paralegal Institute, end t hAVO taught several students whn teside In t+enton An4 hire t++ become employed In Denton. ono hataleqa) fill fret internship in my office, helplny the Cletk start *nd my secretary. 0. I am also, please to announce futthet tloy with the City, and more public involvement thtt,pJgh m/ tse`•hl►rq position at TWU this semest+r, teenhlfej L57ei IAkrlt~h. 0~.r Court system has teen 11vor) ptels@ tr/ th4 140'/01 :CM.nity, the p•Jblls sector And )(net !'.rttt! for tint f.n.:ti,nal efficiercy, tot !t,a Bret tl!)e, Ws rag ethers 'fishing ar4 cal1irp us to fire! rrjt pt"4h+jte4 ,rr :il:re. 1 a tatter ',f fan!, AA were 7f1104d h/ +i:...:a tra::s' ri,,,rr' sys:sa%, V. Alterc,ata JA" Puitlut :.d,* 3ams41, s: neatly IeAs rail 31laSgnM1!f ft #6,W 1 s: :a:zaci:q Sat.:r:r/s and yiMt/s, nrij*mtl 141E aJliYetrttlt/ 3•.riag ::.e w+maic is some* ims l iAtSt44. 714004fld#., f n*J4 • ce,.:s :a:,cs '~.'t an i:•1.:1~Y/. ir/i$ 91144, ^6!1A,4tAtAq CPA iGSSr,: ^j 7.f a:ari, s4r'JirS7 of 411 Ri!4r!q!4 Y)414 "GSE :r. ~I4:Grt4 ~,RZ ;,ee4a ;P4~1 i e 'Sh" 1•J4i j 4YLc r .11 11 1 !%1:s 3{ i'JK y!-YjY~It _ i(: u_~i i 1'~. wi~ir 3~ , • CS h L AY ~1 R•. ~ i 7A~ M ! ' • rs_sr `~r ~.e :.:rt srg ay.lR:C. zr,~w'•r!'. Nr,;l .,v .oar.±i '..-i.•rt :c'.t: ~ 43*.•: TR S! '^R r~ .`S~':~ • • ' - ~C~L7 %.ar~~'.: , '4 a 11 L ri Lptt/r, Y}! . n 'lA!l'f . w e~ ~~I d; ; • , Y =+r'c Cafer ::1 .nr:yS '_L':ZRtl1f try -~R '..~i;rr: !al:.~'-ll +rErd iC.G C.JG!'.wf. P'. Ir/ n31rt '}rq:. ^r~•/~~, .7 ~x~r~9r a Y. . i - 4 1 f J ,.:4...v` w... w..~..ns-Mr~iwMni4YiYC~YM6M~bJk~ll~i"• Performance Evaluation October 3, 1988 Page six ensure that my office is beyond reproach in its dealings with citizens and to ensure that all citizens are treated similarly. There will always be those who complain based upon the outcome of their case and over this, I have no control as I believe I should and must be guided by the law. I would like to end this evaluat_on on the note that several weeks ago, we had a citizen complaining that their daughter's trial was continued on the day of trial without prior notice--this is mandated by the Texas Code of Criminal Procedure in certain situations. On the same day, a gentleman "found guilty", praised not only me for the concern, explanatory nature of the proceedings and efficiency in the Courtroom, but praised the Police officer who gave him the ticket, and the Clerks that set his case for trial. VII. Merit Salary Increase Last but not least, I certainly feel that I have earned a merit increase. This past year has seen tremendous growth and efficiency in the Court, and I would like to think and hope you believe that a certain amount of that change and growth was due in large part to my direction and dedication. vespectfully submitted, S RA H. WHITE w J EXNl~i1T /7 7 • a • D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: KORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FAOM: 'DRA H. WHITE, MUNICIPAL JUDGE sUBxck,. Performance Evaluation FY 88-89 DATE: October 2, 1989 Since my last review, the Court has once again undergone numerous changes. 1 have come to believe that the Court system will never become stagnant due to the ever increasing legislation each year. Although, there were not many new programs implemented in FY 88-89, the Court was undergoing a "trial and error" of programs implemented in FY 87-88. 1. New or Redefined Procedures and Programs A. In FY 87-88, several new procedures were implemented and FY 88-89 saw those programs and procedures fine-tuned. 1. No Contest Docket - This Court is held on a ternating Fridays and was set up for persons who do nit w+ah a trial but wish instead to speak to the Judge after pleading "no contest" at the Clerk's office. This docket has grown from an average of 40 persons to an average of 75 persons, thus lessening the number of actual trials held. These persons are usually seeking a reduction in fine or dismissal based on mitigating factors. 2. Juvenile Trials - In 1987, the legislature gave Municipal Courts jurisdiction over juveniles 10-16, who were charged with Penal code and City Ordinance violations, in addition to traffic offenses. Implementing procedures, which had to adhere to very • strict guidelines under the Terns Family Code, was a time consuming and extremely difficult problem, especially enforcement of the court's judgments. Many hours were spent on this court docket. Recent legislation effective Septem-1-Ar 3, 1989, has relieved Municipal Coui:s of this jurisdiction, and these juveniles will now be handled by County Courts • as they were, pre-1987 legislation. • • 3. JuveallP llrrai ate - This court docket is now held on alternat ng Monday afkernoons. The juveniles appearing at this docket are traffic offenders and persons charged with alcoholic ~XNf/~1T/8 ` • a • Mayor 6 City council October 2, 1989 Page two beverage violations. They must be accompanied by a parent. The Court is held at 2:30 p.m. in an effort to lessen the inconvenience to the parents and juveniles, as most are in school. Due to recent legislation, juveniles who do not appear for Court or who fail to pay their fines will be reported to DPS for driver's license suspension until they either appear or pay their fines. If they do not yet have a !river's license, DPS will not allow them to receive one until they have complied. This will definitely increase enforcement in these juvenile cases where arrest is not an option to obtain enforcement. A. Inds en Hearin Ls - This Court docket, held on alternat rng Tues ays has greatly increased our enforcement of fine payments. Persons who cannot pay after having received three (3) 20 day extensions, are normally placed on a payment plan. Persons who take the time off to coma to Court for this hearing, normally pay their fines. 5. Bond Sus.sons Docket - This Court docket, held on alternat ng TLis ay, allows persons who have posted bail to come to Court to enter a plea. Those who fail to appear in accordance with the terms of their bail bond may attend a bond forfeiture hearing to show cause why they should not lose their bail monies. 6. Bond Forfeiture Hearings - This Court is held on alternating Tuesdays. As stated in (5.) above, persons who fail to come to bond docket, get an opportunity to show cause why their bond monies should not be forfeited to the Court. If they fail to appear at this hearing a default is automatic and their bond money is forfeited and they are rearrested. Since implementation of this procedure, the number of persons who fail to appear has dropped • drastically. This is a complicated procedure which is still being refined. Non-J Triala - This Court is now held every Thursday, an the number of cases has dropped which allows for more in-depth trials and which has reduced the amount of time the police officers and prosecutor spend in Court. 8. Jun Trials - This court docket continues to be held • alternating Fridays. The jury trial docket has • O increased slightly, but the public seems to be responding well to the fact that we regularly have jury trials. exoo&r i • t-- w • Mayor G City Council October 2, 1989 Page three B. in January 1986, the computer system was implemented and it has had some problems, however, the benefits have greatly outweighed its negative aspects. It requires constant revision and updating, but it has resulted in greater efficiency and accuracy. C. The Court had formulated a new program to deal more effectively with juveniles, however, this program was thwarted by the new legislation giving juvenile jurisdiction back to the County Courts. A program had also been formulated to work with the Denton County Juvenile Diversion Program. D. New legislation will now make it possible for the Court to dismiss tickets for expired driver's license, expired registration and expired inspection sticker, charging an administrative fee of $10.00 per each dismissal, similar to the program for defensive driving. E. Cases on appeal to the County have been diligently attended to and we are having our cases tried at that level or remanded back to our court. The County also began a lenient program of placing defendants on "deferred adjudication" (probation) so rather than the case being appealed, we are offering deferred which has significantly reduced the number of cases on appeal. F. The new parking ticket program has resulted in greater enforcement of these type of tickets. the Court is currently reviewing the parking ticket problems of other cities similarly situated in an effort to streamline our procedures. I recently attended a seminar in Fort Worth on parking ticket enforcement, however, we still have not reached the population figure of 125,000 which would allow an administrative hearing as well as booting and towing. 11. statistical Data • Current Year Oct. 88-Au 9 BF~f 788 A. Total Cases Filed 75-,453 cases 33 ,09 cases i B. Total Cases Paid at windows 14,306 cases 16,313 cases • • C. Total Cases Tried by Judge 3,892 cases 3,139 cases EX~II ~17r' ~8 la 3 • _ o • Mayor G City council October 2, 1989 Page four 0. Total Cases Tried by Jury 32 cases 23 cases E. Total Cases Pre-Trial Hearings 226 cases 214 cases F. Total Cases Juvenile Trials 262 cases 95 cases G. Total Cases Juvenile Arraignments 952 cases 518 cases H. Total Cases "No Contest" Docket" 771 cases 540 cases 1. Total Cases Indigency Hearings 345 cases 270 cases J. Total Cases Bond Docket 3,152 cases 2,004 cases K. Total Cases Deferred Dispositions 122 cases 51 cases L. Total Cases Appealed 1,137 cases 795 cases M. Total Warrants Issued 9,698 cases 6,006 cases N. Total Jail Arraignments 2,452 cases 1,255 cases The No Contest Docket replaced the Judge's office appointments with persons concerning tickets. The statistical data for the most part shows an increase in court activity in all categories except total cases filed and total cases paid at the Clerk's window. The decrease in payment shows a drastic increase in the total warrants • issued. III. On Going Projects Summary A. The Court is continuing to offer community service as an alternative to conviction of Class C misdemeanor offenses. This program has faired well with the • community, and we are constantly seeking to add other • • organizations to our list of participants. In FY 88-89, we began offering a five 151 hour alcohol abuse program which is held at Twin Lakes Hospital. This program counsels persons under age 20 as to the hazards of &9/&r /8 AO 10 • 0 • Mayor L City Council October 2, 1989 Page five continuing to indulge in alcoholic beverages. Our rate of participation and successful completion is 95% of those that opt for this program. B. The idea of becoming a Court of Record is still an issue being discussed and planned via the Council's Goal Committee, established to address this issue. C. A project that will be researched in depth and presented to Council is that of jail automation. As discussed during budget hearings, this program would greatly enhance the jail book-in and release procedures, reducing costly errors and unnecessary processing time. 0. 1 anticipate putting on a legislative update seminar at the police department in cooperation with the Municipal Court Prosecutor. There were so many changes for the upcoming year that the information needs wide dissemination. E. In addition, I am revising our fine schedules, and in many instances lowering our fines due to the difficult economy, the low payment record of this past year and because of higher state costs that will have to be paid by each Defendant. (A copy of the proposed fine lists are attached hereto as Attachment A.) F. In conjunction with implementing new fines, it is also necessary to once again revise our tickets, parking, as well. The law is requiring some changes in wording that will necessitate this change and we have found that some information is just not clear to the general public. IV. Public Contact As in previous years, I continue to strive to maintain high • visibility among the youth in the community. The main focus is to lecture at schools in the area, usually by request. I am in constant contact with many of the civic and legal organizations in town and with other Courts in the area exchanging information. I am no longer doing any teaching, however, I hope to resume • at T.W.U. this Spring. V. Schools and Seminars As is required, I attended the Municipal Judge's Seminar for two days. I normally attend after the new legislation has 1 p Mayor i City Council October 2, 1969 Page six gore into effect which helps greatly in establishing the rcethods to implement the changes. This year I will be attending the seminar held in conjunction with the State Bar of Texas. I have also attended several seminars at the Police Training Facility in Arlington and one in Fort worth on Criminal Law to keep abreast of the changing case law affecting criminal rights in Texas. VI. Alternate Judge Position As I indicated to you during the budget process, Judge Ramsay has left his employment with North Texas, and is now in private practice with the law firm of Hammerle and Associates. This change in employment for him has caused much more inflexibility with his schedule and therefore, his ability to be available for most of our Court dockets. His doing weekend work presents no major problem. To alleviate this problem, there are two alternatives: (1) Seek an additional part-time Judge or (2) review my proposal which is item No. IX, concerning my own employment. VII. Citizen Complaints Perhaps the number of citizen complaints have dwindled or they just have not been brought to my attention. of course, my office deals with numerous complaints daily, but I speak of major complaints brought to the Council or City Manager for attention. There have been complaints about the formality of some of our procedures, but I believe that the formality has resulted in respect for our Court system. VIII. In keeping with the affirmative action criteria required to be maintained, I would state that in my office I hired a female, and I an cognizant of and have ensured that these • policy guidelines are met in my monitoring of her employment. IX. Salary and Employment Benefits In this paragraph, I would like to propose to the Council that they give consideration to amending my employment contract. I will first, outline my proposal and then 0 discuss the reasons for my request. Basically, I am requesting that my contract be amended to provide for my compensation as a contracted professional. 0 • Q r Mayor 6 city council October 2, 1989 Page seven This proposal would lump a total amount of money to be used to pay myself and Judge Ramsay. The numbers are as follows: I would be contracted to work forty (40) hours per week at a rate of $31.25 per hour. The forty hours would encompass all scheduled Court, doing fail on weekends and doing jail on holidays. Although, I would be spending more than forty (40) hours to do this schedule, I would only be paid for forty even if it required more than forty hours. If I .ranted to take off then I would not be paid, but instead Judge Ramsay would be paid those hours. In essence, I am requesting that my benefits such as vacation pay, sick leave, insurance and retirement be reduced into an hourly rate of pay. The reasons for this request are as follows: (1) I work extremely long hours and performing work on weekends and holidays makes it almost impossible to ever plan and be away on the weekends and for holidays. At the rate paid to an alternate Judge, it is not feasible that they would want to work too many weekends or holidays. (2) It is extremely difficult to plan and take vacation as can be seen from the vacation hours I have accumulated, therefore vacation time is not a feasible benefit with this particular job structure. (3) If I am sick, 1 usually come to work anyway, because it is difficult to arrange for the alternate Judge to take my place on short notice, therefore, sick leave is not a feasible benefit for this position. (4) The City would save money by not having to pay their share of Federal Income Taxes, retirement, health and life insurance, vacation and sick leave pay. For FY 89-90 budget year, my salary is budgeted at $46,204 (without merit increase), and $11,319 is budgeted • for the part time Judge for a total of $57.523.00. The amount budgeted for benefits is an additional ! $8,186.74. Those figures added together total 65 709.74. I NY request is $709.74 less that this amount plus t~ , proposal would do away with the additional $11,319.00 • allotted for the alternate Judge. The Alternate Judge would • be paid out of the $65,000 when he/she performed work. I have attached an example of the hours and how they would be spent with an explanation of hours that would be worked at no additional compensation, as Attachment B. I would also EVNI417W /A • 0 • m Mayor 6 City council October 2, 1989 Page eight be responsible for payment of my bar dues and continuing legal education, except for travel expenses to the mandatory seminar for judges. This would result in a savings of 51,500.00 out of monies budgeted in those categories. I would also not engage in the private practice of law. The net savings then to the City is $13,528.74. 1 can aswire you that this concept %,)uld in no way diminish my devotion or my performance, but instead would compensate me in a manner more suited to the particulars of 'his job. I realize that by requesting this I would be responsible for payment of taxes and medical insurance and setting up any other benefits I desire. This request :or an hourly rate of $31.25 would also be much more attractive to an alternate Judge who gives up $100.00 per hour or more in legal billing to assist as Alternate Judge. If this alternative were accepted by the Council, both myself and the alternate would be on an hourly contract basis with no withholding or other benefits. I would suggest that this be tried for a year and if Council does not like the way it has worked we could revert back to the current method of employment and compensation. This rate could also be locked in for a specified number of years, thereby negating the yearly request for a salary increase. bel',ve that this would benefit myself as well as the City withou-_ diminishing the level of service currently provided. I have also reviewed the City Charter, and it would not prohibit my being contracted for on an hourly basis. if this proposal is not viewed with favoritism, then I would request that I be considered for a salary increase of ten 1 percent (10%). As you know the new market survey indicates that I am currently eight percent (8%) away from market average in salary and last year, although my performance was • indicative of a raise, I did not receive one. I would also request then that I be allowed to place advertisements for another Alternate Judge that would be more available for holidays, weekends, overnight illnesses, and vacations at the current rate of $25.00. P8 j • _ .r. e. r.. ..rv .wxi+l'.•.t,'N'. 'en?XItS;♦ Mayor i city Cuuncil October 2, 1989 Page nine Your most thoughtful consideration is appreciated, and I lock forward to another year of quality service. SANDRA H. WHITE SHW:cm Attachments A G B I i i i • . ~w 6' + r _ w pu ;.r ~r. APO AITACEMOM 8 Example of Contracted Hours: Mondays (10-12 Jail 2 hours { 1-5 Court 4 hours Tuesdays ; 9-12 Office i Jail 3 hours { 2-5 Court 3 hours Wednesdays { 1-5 Office i Jail 4 hours Thursdays ( 9-5 Court 7 hours ( 5-7 Jail 2 hours Fridays { 9-5 Court i Office 7 hours { 5-7 Jail 2 hours Saturdays Jail 3 hours Sundays Jail 3 hours TOTAL HOURS 40 hours * Holidays would be worked with no additional compensation. If Court or jail extended past the hours stated, they would also be worked without extra compensation. You will note also that no hours are stated for lunch. • 0 • 0 • D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT: Performance Evaluation FY 89-90 DATE: October 19, 1990 This year, I have incorporated more detail than normal about court operations, in an effort to ensure that Mayor Castleberry and Councilman Trent have the benefit of all that has come before them. I hope this document will lend itself to shedding light on where we have been, and where we are going, limited of course, in terms of the City's Judiciary. There are many aspects of my work of which I could speak but I have here only tried to highlight. Respectfully submitted, Sandra H. White SHW:cm Attachment • I * "n ~ i1^• 11 • I o • I. Court Dockets A. Jury Trials - This court docket vas moved from Friday to Wednesdays in an effort to reduce the number of "no show" jurors. Many person failed to appear for jury duty because of scheduled weekend trips. Since moving this docket to Wednesdays, we have had excellent juror sslppo r t . 8. Non-3urY Trials - This docket is still held every Thursday at 9:00, 10:30, 2:00 and 3:30. Each time slot has an average of six (6) cases set for trial. C. No Contest Docket - This docket was established to facilitate Defendants who want to plead guilty and discuss their circumstances with the Judge, but do not want a trial. This docket is now held on alternating Tuesdays at 9:30, and it has greatly reduced the number of cases set for trial, thus lessening police and prosecutor time in Court. Cases set on this docket averaged about 75, however, due to some "controls" that have been put into place, this docket now averages about 35-40 cases every other week. Most Defendants who are set for this docket believe they have "exigent" circumstances which require either dismissal, fine reduction or probation. (probation will be discussed later) D. Pre-Tzial Conferences - This docket is also held on alternating Tuesdays at 1:00 p.m. The purpose of this docket is to ensure that persons requesting a jury trial do in fact, want a jury trial. At pre-trial, a Defendant has an opportunity to discuss his/her case with the prosecutor, request discovery, make motions, request subpoenas, change his/her plea or move his/her case to the non-jury trial docket. This procedure greatly reduces the number of "no show" Defendants on jury trial day when we have 30-40 people show up as prospective jurors. F. Bond Forfeiture Bearings - This docket is held on • alternating Tuesdays at 2:00 p.m. This docket gives Defendants and their bondsmen, who have failed to appear in accordance with the terms and conditions of their bail bond, one last opportunity to "show cause" why their bail bond funds should not be forfeited to the Court. Should a Defendant appear at this hearing and fail to show good cause, his bond is forfeited or if the 8 Defendant fails to appear at this docket an automatic • • default is taken. Last year at this time, this procedure was in its' infancy. During this past year, we have implemented numerous changes which have resulted in good legal process. I might also add that attorneys and bailbond companies who have a judgment entered Ex~ ~ a~T ~ q n • P • Honorable Mayor and Members of the City Council October 19, 1990 Page two against them are "blacklisted" from being able to post bail at the City Jail until they satisfy these judgments. Bail forfeiture is a civil p.ocess--the only civil matter which falls within the jurisdiction of the Municipal Court. F. Indigency Hearings - These hearings are held on alternating Tuesdays at 3:30 p.m. Recent case law requires that the Court go the extra mile in ensuring that Defendants who cannot pay their fines be given an opportunity to pay or that alternative means be devised other than payment. In other words, a Defendant cannot be "jailed" for failure to pay Class C fires if he/she is too poor to pay and the Court must make diligent inquiry before jailing someone who has failed to pay. !Doe v. Angelina County, L-88-58-CA, U.S. Dist.Ct. (Tyler - 1990); Garcia v. City of Abilene, 890 F.2d 773 [Ct.App.5-Texas 1989 ) These court decisions have required that we implement more stringent inquiry and give Defendants who request more time to pay, installment pay outs. I anticipate that this docket will continue to dramatical- increase. G. Bond/Summons Docket - This dock( is held on alternating Tuesdays at 2:00 p.m. This docker '.s basically a "plea" docket for Defendants who have poste` bail on cases that went into warrant and for Defendants v.i are being accussed of a crime and were issued a summons to appear and answer the charge. Defendants who are summoned and fail to appear have a warrant of arrest issued and those out on bail who fail to appear are subjected to the bond forfeitures procedure discussed in paragraph E aU ve. H. Juvenile Cases - The law requires that Defendants under 17 charged with traffic offenses and those under 18 charged with alcoholic beverage offenses appear in Court • before the Judge with a parent or legal guardian. This docket has been moved to Monday evenings at 6:00 p.m. to facilitate these Defendants attending junior and senior high school and to facilitate their parents who must also attend. They are scheduled on alternating Mondays with an average docket of sixty (6u1 cases. This docket was to be presided over by the alternate judges, but ' • since this was not funded in the budget for FY 90-91, it • • may become necessary to move this docket back to Mondays at 2:30 p.m. We have had the docket on Monday evenings since school started on August 27, 1990, and it was well iGY1416170 ~Q . 3 • • Honorable Mayor and Meabers of the City Council October 19, 1990 Page three received. Due to the fact that juveniles can now have their license suspended for failure to appear, we no lcnger have a significant enforcement problem. II. Alternatives to Payment of Fines and Conviction There are currently two (2) alternatives to payment of a fine and conviction for Class C Misdemeanors. They are Driver Safety Course (formerly called Defensive Driving) and ;,eferred Ad)udicdtion. A. Driver Safety Course T2 ) - This option is available to a~ Defendant who has valid Texas Driver's License, received a moving traffic violation other than one for speeding 25 or more miles over the posted speed limit, and has not taken a driver safety course in the past two (2) years. If a Defendant who meets these requirements requests a DSC, it is mandatory that the Court grant the request. An adult, a person over 17, only pays 627.50 in fees to the Court, regardless of the fine that would have been imposed for the violation. The Court must keep this ease open for ninety (90) days to allow the Defendant to take the course ana then the case is dismissed. For a juvenile who meets the requirements and takes DSC, the Court cannot collect any fees. There is also "discretionary DSC", meaning that a Defendant does not meet all the requirements, but requests to take DSC. The Court may or may not grant this request, and if granted, the Court cannot collect any fees unless the request is granted as a term and condition of probation (deferred adjudication), in which event the Court can assess a special fee or probation fee up to the amount of the fine that would have been imposed. Discretionary DSC is not routinely offered unless it falls under the category of probation and if it appears that this is the only mechanism available to keep the case from being appealed to County. I B. Deferred hN udication - This is a somewhat new tool available to Judges dllowing them to grant probation in all Class C Misdemeanors. The legislature has cleared up the confusing language in the statute and thus, it is • now an attractive alternative, although it does result • • in dismissal of the charges if satisfactorily complied with. Basically a Defendant motions the court for j probation, the Court reviews several factors and either grants or denies the request. The Court may impose any "reasonable" requirement. (A samole of our defer:ed E Xt I & ro I ~.AJ • 0 • f Honorable Mayor and Members of the City Council October 19, 1990 Page Four adjudication order is attached as Attachment A, showing many of the conditions that could and are normally required.) with deferred, the Court can impose a special fee equal to or less than the fine that would be imposed. (This fee coul~ be up to $200.00 in most cases and in some cases up to $500.00 or $2000.00.) If a Defendant fails to comply with his probation conditions, he loses his probation fee, must tnen pay his fine and the resulting conviction is reported. Considering these negative factors, most Defendant.. comply. Another important factor about deferred adjudication is that a Defendant loses his right to appeal after the expiration of ter, (10) days from entry of judgment, so if a Defendant changes his mind or violates probation after the 10th day, he cannot then appeal his case. Heretofore, deferred adjudication was not available for traffic cases. Now that is has been made applicable to traffic cases, its use by this Court has reduced the number of cases appealed and fines ultimately lost to the County Courts. III. Dismissals For Corrective Action or Production of Proof A. Cnder the law, there are certain cases which the Court ray dismiss if corrective action has been taken. This applies to cases involving expired driver's license, expired motor vehicle inspection sticker and expired motor vehicle registration. This Court routinely dismisses these types of cases if corrective action was taken within ten (10) days of issuance of the ticket. A $10.00 dismissal fee is charged as authorized by law. This same concept has been implemented concerning violations for some City ordinances, such as; no rabies vaccination, no animal registration, and various no permit type cases. • S. in certain types of cases, the Court is required to dismiss a case and collect no fee. This would apply to cases involving fail to display a valid driver's license and fail to maintain proof of insurance. Any Defendant who can produce a valid driver's license or proof of insurance is entitled to have his/her case dismissed, , • and there is no time limit on when they can produce the • • document, as long as it was in effect on the day the ticket was issued. EKN1l~7r ~9 P•5 • • f Honorable Mayor and Members of the City Council October 19, 1990 Page Five IV. Ticket RedesiV A. The Court is currently undergoing a study of various types of traffic tickets being utilized by other municipal courts. We have had many complaints about our ticket from the public, usually about the inability to read the "fine" print on the "pink" ticket (the instructions). It has been determined that our ticket needs redesigning in an effort to be more easily understood and to comply with all legal requirements. Some Courts are considering using a ticket that would allow up to three or four offenses to be cited on one ticket. This concept has reduced the amount of time a officer has to utilize when citing one offender for multiple violations. In some instances, a multiple offender may only receive one ticket due to the time and effort it takes to fill out multiple tickets. The court anticipates making a design change and implementing a new ticket by January 1991. B. The Court will also be redesigning the parking and fire code tickets. The basic purpose in the redesign of this ticket is to implement an increase in fines for violations and to make enforcement meaningful by the addition of a late penalty instead of issuance of a warrant. During this past year, the Court has expended valuable resources in the processing of summons and warrants on parking tickets for very negligible results. There is also some question about issuing warrants on parking citations, since the vehicle may have been illegally parked by someone other than the registered owner and sometimes the motor vehicle registration 1 records are slow in being updated so that a vehicle can be ticketed one month, sold the month before and it might take Motor Vehicle Records six (6) months to show the change, thereby causing us to issue a warrant for the wrong owner of the vehicle. Certainly raising parking fines and adding a penalty will result in outcry from the citizens especially in the business district, but if the tickets are going to be issued, they should be enforceable. I also, • anticipate notifying the public of the change by • • newspaper prior to the actual increases taking effect. I further anticipate that there wili b9 more of these cases set for trial or set for the No Contest Docket. V Now u • • r Honorable Mayor and Members of the City Council October 19, 1990 Page Six V. Fine Schedules I normally revise the fine schedules each October. This upcoming year will be no exception. You might recall last year, most fines were reduced in an effort to induce more refendants to pay rather than appeal or lay out the fines in jail. What we experienced in FY 89-90 for the period October 1989 through September 1990 was revenues collected of (1,159,761.00. This figure reflects an increase in revenues over those collected for Ft 88-89 which was $1,139,326.00 and FY 87-88 which was $1,055,470.00. Whether or not this slight increase can be attributed to more Defendants paying b=:ause the fines were lowered is obviously not really known. For this fiscal year, most fines will be slightly increased, and rather than persons being subjected to an additional offense of "violation of written promise to appear", we will be using a fine plus late fee concept which is being utilized by many Municipal Courts. The advantage to this procedure is two fold. First, the Defendant who knows he/she is late expects to pay some sort of late fee, what they don't expect is that they have a separate offense with accompanying State costs and warrant fees. This system will be more palatable to the DA.`E dant and should result In less controversy. Secondly, wit late fee instead of a separate offense, the City w not be required to remit any portion of the late fee to the State. I have attached hereto as Attachment B, a copy of the new fine schedules, which are to take effect November 5, 1990. VI. Statistical Data FY 89-90 FY 88-89 • A. Total Cases Filed 29,914 28,111 B. Total Cases Paid w/o Hearing 15,086 15,645 C. Total Cases Tried by Judge 3,502 4,285 D. Total Cases Tried by Jury 17 36 E. Total Cases Pre-Trial Hearings 135 226 F. Total Cases Juvenile Arraignments 873 552 G. Total Cases "No Contest" • 931 ?71 • Docket H. Total Cases Indigency Hearings 562 345 1. Total Cases Bond Docket 2,471 3,152 C ifH1~61r 1t? l0' 7 ~ l Y • w • Honorable Mayor and Member of the City Council October 19, 1990 Page Seven J. Total Cases Deferred 213 122 Adjudication K. Total Cases Appealed 826 1,012 L. Total warrants issued 7,172 9,698 M. Total Jail Arraignments 2,071 2,452 N. Total Bond Deposits 45 186 Forfeited o. Total Cases Driver's 1,787 2,548 Safety Course P. Total Cases Dismissed 2,234 1,459 other These statistics demonstrate the volume of cases handled by the court. The Court handles on an average of 2,500 cases per month, which is extremely high for a Court our size and for a city the size of Denton. VII. Public Contact As in previous years, I continue to strive to maintain high visibility among the youth in the community. The primary focus is to speak at the various schools and special events sponsored for and by the youth. This past year, the Court sponsored a "Mock Trial" in conjunction with classes from Strickland Junior High School. The students were provided with an actual trial transcript and the students played the parts of Judge, prosecutor, defense attorney, defendant and jurors. They rehearsed the transcript and then performed the trial at City Hall in our courtroom. The students were excited about this concept of learning how the criminal justice system operates. The Court was also instrumental in providing volunteer youth to assist in Ycuth Fun and Fitness Day, sponsored by Denton I • Parks and Recreation Department. i The Court has become more involved this year in participating and becoming somewhat of a leader in establishing new and novel Court procedures. Because of our sound legal practices, we are constantly contacted by other Courts seeking to establish same or similar procedures. My secretary, Cay McSpedden, has been elected Vice-President of e the Denton County Legal Secretaries Association. In order • • to continue to stay abreast of new developments, she attended the Texas Association of Lega. Secretaries Convention, and took a course at Tarrant County Junior College in computer science. I might add that our Court X#q 181 7w 19 /X) . f~ Q Honorable Mayor and Members of the City Council October 19, 1990 Page Eight Administrator has just recently been appointed to the Texas Municipal Court Clerk's Association Board of Directors, and one of our Court Clerks is Secretary and Board Member of the Texas Court Clerks Association and also, Public Relations and Awards Chairman of the North Texas Chapter of the Texas Court Clerks Association. I was engaged to speak at the statewide Texas Municipal Clerks Certification Program, sponsored by the University .)f North Texas. And I have recently been invited to be a speaker at the required seminars sponsored by the Texas Municipal Court Clerk's Association. I also, attended the Texas Municipal League Convention in San Antonio. I was speaker several times at the Barrister Club meetings at TWU and the City of Denton Police Department Breakfast Supervisor meetings. I was also asked to serve as a board member for the Hope Mission. I firmly believe that these types of acknowledgments have come about due to the respect our Court has gained in the eyes of our peers. VIII. Schools and Seminars I continue to keep abreast of the ever changing criminal justice system by attending various State Bar of Texas sponsored seminars. As required, I annually attend the Texas Municipal Judge's Seminar. I would like to attend the rational Judicial College in Nevada, however, such a seminar would encompass my entire budget for continuing legal education and travel, however, it is the only accredited 1 program for obtaining a degree in judicial science. IX. Assistant Judges Hoth Judge Ramsay and Judge wir.dle are doing an excellent job when the need arises. For the most part, they do jail arraign;nents on some weekends and holidays. In order to keep their skills intact and to keep abreast of our own procedures, I feel it important to establish them a regular docket apart from jail. This is the reason they were scheduled to preside over juvenile Court on Monday evenings. X. Citizen Comvlaints My office deals dail} with complaints from Defendants about many things, usually when they have failed to comply with • v • Hcnorable Mayor and Members of the City Council October 19, 1990 Page Nine some particular Court procedure and wish to vent their anger on someone else. There have been other complaints, some of a more serious nature. Certainly if there were no complaints, I probably would not be doing an effective job. Complaints are handled in a variety of ways. Normally, the complaint is screened to determine whether it should be addressed by we or whether it falls within the purview of the Court Administrator or City Attorney. Complaints referred to these other departments are handled by them, unless they have offered an explanation which does not satisfy the complaining party. At this point, I will submit a written position to the party. %I. 1990 - 1991 Goals I ha,,e set certain major goals for this fiscal year: A. Major revision of our filing and docketing system to improve efficiency in file retention; B. Major revision of our forms to provide for less paper retention and redu.:e duplication of work; Continue to work with Information services and the Police Department in establishing an automated jail bock-in procedure, bonding procedure and arraignment procedure; D. Seek to implement a work release program and jail trustee program as alternatives to fine payment in light of recent Court decisions regarding jailing indigents. E. Draft legislation to become a Court of Record so that the legislation will be in effect when our space needs have been met; • F. As previously discussed, revise our traffic and parking tickets. G. In FY 89-90, we began to seek to utilize the services of a collection agency to help collect cases that have been in warrant for two years. This concept may be broadened to incorporate the use of the collection agency before a • case goes to warrant. This is an area that we may definitely need to pursue due to a Court decision that was issued this month regarding warrant procedures utilized by Municipal Courts. EXM i& r 19 l0. 10 0 • • Honorable Mayor and Members of the City Council October 19, 1990 Page Ten K. I also desire to become more actively involved with the Texas Municipal Judge's Association, either by seeking an office or as a speaker at some of the seminars. X11. Merit Increase As I understand, due to budget constraints, the executives were not going to be considered for any merit increase, whether such was supported by performance. of course, I believe that my performance and commitment justify such an increase. I remind the council that last year, although I received a bonus in terms of deferred compensation, that was not an increase which could be utilized to offset the increase in health premiums or economic inflation. As you know, health insurance premiums are going up again, which means that for two 12) years my salary has decreases instead of increased. According to the recent market survey, I believe I now am 3.10% away from receiving a salary comparable to other judges similarly situated. Attached hereto as Attachment C is a Compensation Survey prepared by our Personnel Department indicating this adjustment needed to reach market average, and you will also note that no other city has incorporated deferred compensation into its' salary packages. I sincerely hope that you will reconsider your position on this issue. • l • r ~XNi~r ~9 • A • f • ATCACEQIENT C I I f.l 1. 1 AL l .r „lki F'. A11.'fl f. 'I{1'I rIrAT IIr". 1~.)r'n1 ;.11 1. r. ;AI' i:41r.1 f1~•. ;,r1~I'~ DEPERP.ED P11D,,ET A(I OWI.11;' FA0A' I r (OPIMI111'. (E'MP ;4'11-Granted in 99/)0 ' 11.`•.0_?,090 6'?,7fcr 1: ,01s };,,1Jr' }d',:! ~ (f1,a571 . 111111111111/11111111/llfl1/111111//111111111111111111111111111111111111t 111 tlf if/ltltllllltlf ltit~lfflttllt U 11111111111 1 f,Q.;ET POPULATI_If4 ;.ALARV CAP ((1MPENfV 1011 (I'441(NIS DEP COMP - - - - - - - - . - - - . .rf1tt.''~5, 6Cj :'60,0 }.114:i Sf.9JC S`1'.,. •f' :,:,lal .1tiMs full-t lme .Rnl,le„ nn %kb }7f , 1J, , G: I 78.0LG 11.11 t- time JUd•,e no r :.1( ,7)4 1?3,.11k, I;r..3E3 }Sr~,'~ nu ` bT) '0600" S1't }I,"'70 "I otz 1 %rA wiV. rA11 n,; :7 13)„401 1 if t-Llml. Juile flu T. 1. x. 1,`81 S,001 t 0 ,1u1 'me 'ul 01 1r, ft .,ao9,0(0 1 '.1„rn }[r,, '.4 A.c.l~. Judge 15r,920 Lu ~ 19'Sr,.. ill? 1 n!,u 1t.1It )11 , Ik, " •a'1 ! .0` 101 1p4, ;(}.If1D !•i ,51 L. 1..1;,4:, 10,5U, Sa:, l: 1. w 1 , S. '..'0 , 4r ,4 75,'JOC $a . 1: no t'J.. .f.1. 10 a- I(' 701 !4'.;'. r 11111111111111111111111111111111111111 I111111111111111f 1111 .1111/1111111f 111111111f 111f 11111111111111111 x1111111111111111 I T T AY . ' I~i•(N TI 'II' 14 $4: , 1f,r TOTAL AVG M4'.T (LWP11 :E1•T"1+' li(,JI S4<..-(1 (Irv, or UNTON11 • 1';41 t AL111-TMENT TC PEA> • L' A*iFdA;E 7.::', .0", MARILT AIEPAGE a,.- ;Jrl vi if x111 w.u .e. a.. i, At lpr riev A(A - A',.,1 St m* IT All . .l1t i;11.1 if. t1, it du i.ot re<.e 1 vi. 1 cal el lr,wa.~e , 1)'' Mlr 1').''j'1 UO d 1.11 11;f11 Inf1 n.It,1,~n: i.11;')0 QXN11300, 7" • 4a • D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: hCNORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT: 1990-1991 Performance Review DATE: November 22, 1991 You have requested that this performance review document be limited in its length and scope. Specifically, you have requested that it identify goals for FY 1991-92 and areas of experienced difficulty. FY 1991-1992 GOALS Goal No. 1: Continue to strive for excellence in the efficiency of the court's operating structure. Goal No. 2: Continue to develop a plan to systematically involve City departments, business and community organizations in the Court's Probation Programs. Goal No. 3: Continue to develop innovative Court programs that will significantly reduce the repeat offender crimes. Goal No. 4: Continue to assist the Legal Department in development of legal strategies and techniques that will reduce the number of cases appealed to the county courts which are dismissed on highly technical legal grounds. • Goal No. 5: Continue to assist the Court clerk's office in the development of reporting mechanisms, which will assist the Court in analysis of workload and production. Goal No. 6: Continue to devise procedures to effectuate efficient jail case processing. ' • • • Goal No. 7: Develop a system for the regular sharing of positive and negative information with the Council. 49XH/b/7' 4Za • 0 k • a • F , Honorable Mayor and City Council Members Page two November 22, 1991 Goal No. 8: Develop better communication network with City Manager and City Attorney, to enhance their day to day knowledge of Court processes and procedures that could have a direct or indirect impact on their departments. Goal No. 9: Revise the Court's written Court orders to be consistent with the current body of legal thought on Municipal Court processes and procedures. Goal No. 10: Continue to develop programs on topics of concern for speaking at various State wide Municipal Court Conferences. Goal No. 11: Develop a system of evaluation of the performance of the Assistant Judges. Problem Areas: Problem No. 1: Inability of the court to quickly alter Court procedures to comply with constantly changing case law and legislation. Reasons: Insufficient support staff; support staff not routinely trained; support staff under executive branch of government causing conflict with judicial branch policies and procedures; hierarchical system of communication with City Manager; Court processes handled by departments which have no desire to effectuate changes due to strain on own department; inefficient Court computer system that does not allow in house processing of work. • Problem No. 2: Significant hostility between departments due to increased workloads. Reasons: workloads have significantly increased caused by need to constantly revise procedures which do not work effectively. Each department affected feels work is not theirs to be done. ' • • e Problem No. 3: Ineffective control by Judge over Court processes and procedures. EXfi 1 I31 rza 100 2 • r • • Honorable Mayor and City Council Members Page three November 22, 1991 Reason: No control over Court's administrative component and no control over processes performed at Police Department which serves as part of Court function. These problem areas have been highlighted on a broad basis, but they comprise many detailed components. Some of the goals are intended to address some of the problem areas. Although not requested, I believe it is important to address compensation. I have enclosed my survey of Judge's compensation in the Metroplex and would like the opportunity to discuss my survey in comparison to the survey conducted by the Personnel Department. I appreciate your attentiveness and consideration. Sandra H. White SHW:cm Attachments • J ~~(N ZO P• 3 l '~1! a - ' nCir F Ili • r- o • POOR QUAILaY - 1- 11' A • I'ITY 1M:.1 U1w: A"r/rT 0,111L 111 11A11: 'Am imim TRY. YNINIV" aTr~.r /Ira 1111 i. Art r'"03 M JI1rr. PYR tin. arr* 1f4YwL .1111!11 pwr 111/ N, x1 l P.. Intl Il.r w $'.I, IM rI./yr SY'111• ry. ryn Pat1 rlr rn MnM/Nd hM IYr ivM.:'tM'I AI Ill V m. h111 r m.. I I I',. I'll 0,WNI/Vr n I,Iri ..,.r~14r,"r ry. loll '1~ t1911lr, t1'I,11 .1/y1 {1'.,',N rya p, Put tlr fl'rl/w,1 ^y Lr ryr POI rI- ml S1,1Y+I/TI J41,',(1rIyr $44,1401 or 1, II IIMT pll. V,11 r r.. II rN t. rll 0 l/T1 rya Part 11a. t/5/Lour a 1M T 1•1wt rw l.r.11 Mr1y, wr rl i'n I W. I'n1 11.Y t`1, 1'.I/Yr r.. ry. Vall tlr 11,/1111/yr 111 I•ep• nn~I •I O r u..1. MI nail I 1'•+ 11,111 r irl.. jr,«cn;.e m. I~+Jr+t Ltarl rl.,v vi. I p. {',r , u+ 1I tr1.M1.I/1111 Ww PM1 t Ir tNIJI,,,Y IVr n-,..: , r ' t . I . bi nn an+ ~ I+rr1 1111 ~.r`~ ua. y., Pw1r fir lnwi.prwlt.• ry. T•" fall tlr NO hT I Cr ll' 1s,nvl {+.IiM.rrl-11+1 Vl .w ldlnp c mu r ilfn Mr ,.n•I .n $1 1,0,R/yr y+. y., Pitt Ilr $4111,..1 IC1 Y: ICY 111111 ~Jr i., l 1',111 Iii.. N tyr. ry, ry+ Parl Iir S,n/Iwt t.,,r1 IVr I^M. ,I,+1..1 Inl, 1.„1 IdnY. $I'1/hr ,I1.r 1x11.1 11. • F.: x m y y.. 1a0 Part I I" %aa. IPr lv,rn I1w.w++l wV.'nII lyt. I•I.lldpq i J~ I • ~ ~a t 't Cra 16w d~Rl fJl ~ t4 -J4 f4e y • ii f POOR Qu r ILWAT or rRAOTJRNII rI now I►M. nUR J14Li 1t1sr)s" t"I PITT T11171D11[7 ■TIUINIiT MJrm TIAIW rAft PAA" 9111M. MHRW 4711II11m NL M SMJIIR 117sY1f Ava VON TUW JIYR WON= JIB IMT I= u ila» 1 Y•• I it l I1~ {I, lfx1/r, I41,441rr {N.hN Wo Y" ►ur U. 11011{ Olsy Pr.Ylding J.dpr A,os so .»sww nr M,I Idol Iol7. M,i "1141 t r•• r"dl .Ir.. J fin, IYI/rr {'i'•,IV! W. roll 11. 11,4117w. 7111.r.s1. 1411 ...k.rrd lhol ldsr. .......I. Y.. ♦.tl rl. f1,'x11/p fI'",nll/yr f.r,arl W•.! r.•. lnll flr 0 tC a• 1 y.r PJI fln,q.f/Tr "-forth) 1-" 11.1011. {M,dN 1o L part I I. %4,46 M. .nLa 1 r.. rnl HI, 114 r.s-! y.. Port 11. V'.Jh lr t.~, r..On 1 W• r'dl II.` il.nrxl/r, 111,44,11, N^.laa y.r r. 1.11 II. .rl.. rL1.r.WO M faro. Is 1N1,a11 Y to $M,toh. W'b ft, ♦.11 der too. A.rrisl• J.dr{.o $".I% IV fn l,q] . i 1 y~1 I r.. 11.11 1 I. }In, "Iyr 144, WO r.s-J rut 11. s.nn/.w 6, {1, IMl.. ao^r li,ir 1. i 'PS Hill .I. {I,'+x?q 1~.TI1/rr 3O1.414 r.Y) Port 11w {r`/bur O. nos W, rnrl 11. 1 W., PONY- shS. P12 Y••.1 Y•• rut l 1. {N1/1n.P huq 11r wldlne ,h.or.s - {Sn,IM10 I. /45,f1T1 il. r Ws InsI O. 1 {s."irr Uyr fx,lr,l y.s-1ov41 MN ParI 11. 11111"IA tints • at IOrn.ys fyrl/o hr •f Ur n. „r..'. 1 n,. J 1's1,Ixn/1111 f'(I,IYrI ran.,, 1 r.. POII OO,.. J f/h,1x11/1111 fJn; rb r.s-J rrt i1. ".r,01 lebw I S 1 L (-T • is • • )aalr.wkt CITY OF DEN70H 8120191 MUNICIPAL JUDGE COMPENSATION SURVEY 1991/92 CURRENT 1990/91 OPERATING POPULATION SALARY CAR COMPENSATION SPECIAL ; DEFERRED BUDGET ALLOWANCE PACKAGE COMMENTS COMP ;4%-Granted on 1/1/91 ton $126.033.099 $9,284 $44,949 $2,400 $47,349 (11,864) , , •tt!ltttalttft!lfitffittttttltiltft•ttlftttit!litflittttllttttiftfftttttlttffatttltaillttattlittttl;ftttftitaplatttefttatlf , vtr CITY SUOGET POPULATION SALARY+ CAR COMPENSATION COMMENTS OFF COMA Ington $136,682,948 281,721 $58,418 83,900 662,314 salary: avg 3 full-time Judges; no rollton+sa / $70,957,228 82,000 $27,996; part-time Judge no IWKI+" 1225,840,403 183.400 $48.169 146,169 no rid Prairie $TO.IS3,396 106,000 $56,030 $1,600 167,530 Shares 1 ACA with CA** ; no oevlne+++ $37,652,531 29,202 $33,240; part-title Judge 0 ern111a+++ 811,700,000 26,000 120,000; part-time Judge A0 ~ ing+++ ✓ $110,213,199 160,000 165,742 $65,152 Assoc. Judge - 166,820 ; no 1av111e+++ 832,711,348 46,655 Consultants only part-time no IQ0 lulta+++ 1 161,101,147 100,000 $49,358 149,359 no if 5111,223,000 135,000 $48,383 $48,383 ; no 14 ,ardsora J $51,212,915 76,000 $51.642 $51,642 ; no -°_----------------------_i--------- WE $84,191,914 109,634 164,060 $2,700 854,822 ,s. ettsetlitsessttsssestaatttfasusssfsssatsfsstseteteset~taassetssentlestauseieu!litutaastteiatlisuata4satittta J OOMP! $54,050 MKT AVG COMP++ $64,822 $64,822 TOTAL AVO MKT COMrPii Of DENTON$ 644,94$ CITY OF DENTON" $47,349 $49.243 CITY OF DENTOW TO REACH ADJ TO REACH ADJUSTMENT TO REACH • AVO@ 20.26% MKT AVG++ 15.78% 11.33% MARKET AVERAOEtat • 'udas only base salary ; ~Cludws as salary and car allowance, If any rncludef ass salary, car allowance, and deferred cca~p6nsatton, If an ; :A - City Attorney; ACA - Assistant City Attorney projected to Oct. 1, 1991 16M 1 / 8Q' no 2v aenota6 positions that do not receive a car allowance • 0 • • 1hJNlr. rk1 1fM /1 . CITY Of OWON 11111/11 AL JIATOR I . T rAi, , d.Nt- r. 01A4RINT 1145 .l '04 1/1C1AL r. : 1Jt7tAtlr- Cowm O►QATI11111 pomm 043143117 CAA •At.'RAOI T om-. COMIM • e. S MP 11~T N +1 {f~{ •..-..N•' N r.rw..NR y I• _ ........u_-.__. .r...N...••.r•.-._. w.NN._ yYa J JN an tnnl ll~~ •~y~ 147,641 , t ul. .4 z"im lip Dention 7efNN•NN{•ef 454 ~ c„ {O/MATION S 616141V11 cm 01.017 Ar11nONn 1145,617.0" 901 ; /OSi:Ny 40.00{ 0{1,511 7,{001,. 1100 Lip o:a►nllton•N 171,145.451 r -O{r1{roM•• {225.{M.4W ~ 145,1" a o • 41110. lM0 {17.5{0 /NrN ,1~.. ' 4511451. S fo0 ` orw Prairie {71.{1{,000 145, 116,711 »•IN 111.245: p/t•NM► i M ' • Or•frw/11N•• 11{,!{1,000 MOM 120.045: 06"1" 10 I.NL~ {11..64 Ae•0C. A100• ' 6O~I~.HO~~,,( S M Irvlnp•• / {721.I17,tp 7{0.000 N - 00norltr4o only ~{r1oY11U••• 114.47e,0•I N,{t1 w,.- S M Ne•pllts••• 1144,145,154 MAN {10too~ {10.000 1 rtArw.•• tn1,1t2,500 1t/.{N 1411,{45{ t45,t/oo M 111,111 11t/M{ 11,04 AIGh•Y'd•OM•• {14. Tl~O { AV [A AN _ • •J sN{f • 645,207,144 1".0{I {{,710 .145 i 154/141 707431 "771 OOIM•o ,••s••sss•NS4s••••s•s•f efesfeef•b••{Aff ••e4eN/NNNfN.s••e•••••fsa•s{ff4••••4•efNee•{fss4ffMt6{ff •••fTOT14 HfNs•e 00"f aw 0/4 OOHS 1131110 11(7 OOIM Y 1,„ 147,14 140.143 CITY Of "W7014000 CITY Of O[NTON• $44,145 CITY of DINM#o ; 1DJWTMIIT TO AIACN ADJ TO A[ACN i ADJ TO IHACM ' AVO•• IS.t1t 10.114 ri1AAlT AY[Ap01Nf MKT AVO• 11.151 MKT • •Intlu"S only base Mlary 99 I 44InC1odN tNIM M1Ary •fo0 CAr /I1•elol0•. If 4ny . 0•0Int0v0oo base Yl•ry. ep •11•N4n0•. and ot•f9rr0d 011110 t•tl•n, If Any. r• CA - City Attorney: ACA . Admieta" City Attorney •ACtvfl U M Ott 1, 1111 Y..heY.otn toms that do net Welts a car 11110""1 • • O ~ f • _ a MUNICIPAL COURT ACTIVITY HISTCRY FOR FISCAL YEARS 1988-89, 1989-90 AND 1990-91 AS OF SEPTEMBER 1991 [Y 19!11-19 FT 1919-90 PT 1990-91 r. NON-PAAAINO TRAFFIC CASTS ' A. Cases Filed 16,911 15,705 16,343 a. D•poeit Forfeited 136 31 56 C. FLrims Paid Without Court Hearing 7,976 1,622 6,327 D. Caeca Diem Deed (Kan-Deferred) 912 913 1,736 8. Trials by Judge (Guilty) 2,963 1,322 693 F. Trials by Judge (Kot Guilty) 31 16 29 0. Trials by Jury (Guilty) 25 10 6 H. Trials by Jury (Not Guilty) 6 3 0 1. Cases Dismissed (Deterred) 99 167 170 J. Caste Appealed 715 998 727 it. Defensive Driving Dismisesta 2,968 1,717 2,291 II. PAPAING OASIS A. C:6ee Filed 11,015 11,015 13,176 1. Deposit Forfeited 3 7 0 C. Fines Paid Without Court Hearing 6,980 6,711 9,919 0. Cases Dismissed (Mon-Deferred) 261 1,050 168 9. Trials by Judge (Guilty) 250 79 16 F. Trials by Judge (Not Guilty) 10 2 3 G. Trials by Jury (Guilty) 0 0 0 H. Trials by Jury (Not Pullty) 0 0 0 1. Cases Dismleaed (Dot --ad) S 2 2 J. Cameo Appealed 66 2 1 ::I. STATE LAW A. Cases riled 1,135 21117 21169 1. Deposit Forfeited 36 9 13 c. Fines paid Without Court Nearing 660 591 162 D. Cameo Oiemireed (Non-Deferred) 153 171 611 9. Trlale by Judge (Guilty) 11302 1,103 1,569 F. Trlale by Judge (Not Guilty) 20 6 11 G. Trials by Jury (Guilty) 1 0 2 H. Trials by Jury (Kot Guilty) 2 2 3 I. Canes Dismissed (0/1erred) 75 62 73 J. cases Appealed 166 52 71 • r zo AAA 00111,1 Q • o • Novancer Court Activity Page 2 FT 1961-69 FT 19$9-90 FT 1990-91 IV. CITY ORDINAMCTI A. cases riled 343 510 374 6. Deposit ForfeLted 13 2 1 C. Flne$ Paid Without Court Hearing 251 199 166 0. Cases Diwissed (Mon-Deferred) 13 71 37 T. Trlale by Judge (Guilty) 117 756 26 F. Trials by Judge (Mot Guilty) 12 4 0 0. Trials by Jury (Guilty) 0 1 0 H. Trials by Jury (Mot Guilty) 0 1 O 1. Cases DLMissad (Deferred) 3 f I J. Cases Appealed 27 177 5 V. TOTAL CASTS HAi1DLTD A. Cases Filed 28,111 29.914 33,056 S. Deposit Forfslted 186 4S C. Fines Paid Without Court Nearing 15,665 15,288 12, D. Cases Dismissed (Mon-Deferred) I'm 1,809 2,342 T. Trials by Judge (Guilty) 4,212 3,496 2,134 F. trials by Judge (Mot Guilty) 73 26 43 0. Trials by Jury (Guilty) 28 11 8 H. Trials by Jury (Tot Guilty) T 6 3 1. Cases Dismissed )Deferred) 111 196 248 J. cases Appealed 1,012 779 804 .1 , r 4za AAA00131/2 ry ; lF~' . M~,i WI- • 0 - I Page, 1 11/tS/91 s City of Denton • For Executive Staff Garvey Metal" 1601/92 Salary SurwY ^ survey Pay Occ i t. tOn Job TWO aY survey No" pay - _ - Code plan { 11 city of Plano 46,000 Exec JF10 JOICIPAL JUDGE i6 City of Arlington 63,461 Exec J110 ICIPAL JUDO •1,464 Ky . ar•' 1 1MPAL A*QE 21 City of Irving 48,369 Exec JfiO PAL'jum 22 City of Garland 63 0 Exec JF/0 26 City of NesGalte Exec JF10 V~''E 30 City of Richardson 61,045 Exec JF10 WAICIPAL Jim 31 City of Grand Praim 66,030 } Exec JF10 WMICIPAL JIAGE 6~" e., 00 I( j: i {i i i • I- o • • . ..............,..........r...r...,~..~.~~•wws5M.4.. R0.1TB:\!Jk1M.R ,J r P COk91J MU1`. ITEM tt/1f/0f ITY OF CITY COUNCIL APPOINTEES SUMMARY MARW COMPARISON 1991/92 ..sssassss»»usssassasss sssasss astssaastasssessasaslgYS*44.1 'SITION NMIQ CURRENT LONMIOE T1ON OOMPENSAT l~sss)' (5,ts~ • ) t~ . .s:ssssssssssssasssssss:sa isrtsSSSMOSSA;"444ssssesassssSesess4tsltssssss•4sSSttt4ssssss/stsitiiS!'` NICIPAL JUDGE S. WHITE 944,819 944,949 $62,110 10.62% NICIPAL JUDGE S. WHITE $44{944 $2,400 $41,249 984,642 16.19% NICIPAL JUDGE S. MITE "049 $2.400 $4,694 $49,242 $64,642 10.14% ACTUAL SALARY /9f INCLUDES ONLY >lA)N INCLUDES SASE AMC SAIJW CAR ALLOW$K IF ANY { INCLUDES SASE. Ca ALLM"CE, DCPlaM1ED COMPENSATION O . iN 4l QSm 1 e!'• is ' v • • w CON9IJ.MK1 ITEM 13 /11/91 CITY OF DENTON CITY COUNCIL APPOINTEES SALARY STRUCTURE PROPOSED 1191192 •:aessttttsfssssastsasatagtststassaatssttssas•ttuustsatstsetstats SITION NAME SALARY+ MARK' CONPPR~SID SEED AVE RATES NININUMs a..atttrrsttstrsttrrsttsstttttftstq ttetsttttttttsittrttttttigststttttissti 4ICIPAL JUDGE S. WHITE $44,949 $53,710 $54,000 $44,000 O ":z:::.ees:eae:o.e::sasaz:::::::e.:.v::s :::::::::::::::::::::::::ss: ACTUAL SALARY PER 10/01/91 INCLUDES ONLY BASE SALARY t~ s . • • ~ i' ;`lti'K~,JrC+k-ti'~~F'wF1f`~'S'gCs9"'~ 4SRv' • • UUJ 0 OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM -C: H0NC4APT.E MAYOR AND CITY COUNCIL FROM: SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT: Performance Evaluation DATE: November 20, 1992 This performance evaluation document is as concise as possible considering the depth of the duties. It will hopefully highlight some aspects of the job and assist you in developing an overall general understanding of the position. I. DUTIES AND RESPONSIBILITIES Certain specific duties and responsibilities are required of all Municipal Court Judges. Most of these duties are set forth in t%• Texas Code of Criminal Procedure, others can be imposed by the City Charter. The Judge is also required to comply with the Code of Judicial Conduct. I believe if a ;udge is performing his or her duties impartially and to the best of his or her ability then he or she will ipso facto be in compliance with the judicial Code. Listed below is a listing of some of the duties and a summary of how I as Municipal Court Judge have carried out those duties or responsibilities. A. Preside Over Non-Jury Trials Includes hearing evidence, deciding questions of law and rendering judgment supported by the law. From October 1991 through October 1992, I have presided over 928 non-jury trials, which is an average of 18 trials per week. These are full blown evidentiary trials. Of these 928 trials, the following is a breakdown of the types of offenses and verdicts: j 1. Trials By Judge Found Guilty: " Traffic offenses 351 ' Parking offenses 24 " State Offenses 495 • * City Ordinance 24 • • TOTAL 894 9P . , ~ (61 7W 44 P• ~ • Q+ Honorable Mayor and City Council November 20, 1992 Page two 2. Trials BY Judge Found Not Guilty: Traffic Offenses 25 • Parking Offenses 3 • State Offenses 4 City Ordinance Offenses 2 TOTAL 34 B. Preside over Jury Trials The Judge in a jury trial does not render the verdict or sentence, but does have the following duties: 1. issue writ for summoning a jury panel; 2. rule on challenges to jurors for cause; 3. summon additional jurors if a sufficient number are not present; 4. administer juror oath; 5. preside over conduct of the trial and rule on questions of law 6. charge the jury upon written request of defendant; 7. enter jury's verdict on judge's docket and render proper judgment and sentence thereon. From October 1991 through October 1992, I have presided over 17 jury trials. Jury trials are scheduled for an entire week once every three (3) months or four !41 times a year. On an average, four (4) cases are tried during the week. The Court has established a trailing docket system similar to County and District Courts. The juries are all selected at the beginning of the week and then each trial is scheduled for a date and time certain during the week. The Court usually summons between 150 and 200 potential jurors. Jurors not selected are released as "on call" in the event of a hung jury or ill juror. Of the jury trials held this year 13 resulted in guilty verdicts and four (4) in acquittals. Any juror excused • from jury duty because of a non-legal excuse is requ4-red to agree to be called for jury duty on the next docket without being summoned. C. Take and Record Pleas; Enter Appropriate !Disposition The Court has several methods for taking and recording • pleas. A person can appear in person, by mail or by an • • attorney to enter a plea. All pleas must be in writing and signed by the Defendant or his attorney. The Court provides a form for this purpose. The Court has a Court Order in effect which allows the Defendant to enter his plea at the Clerk's office, however, all such • • Honorable Mayor and City Council November 20, 1992 Page three cases must go to the Judge for review. In this regard, the Judge must review all pleas of no contest and guilty, and enter the appropriate disposition. From October 1991 through October 1992, the Court took the following action on no contest or guilty pleas. • Assessed fines and entered Judgments of conviction in 18,140 cases as follows: * 8,417 Traffic Offenses * 8,820 Parking offenses ► 703 State Offenses • 200 City Ordinance offenses * Granted mandatory Driver Safety Courses in 2,060 traffic cases. • Granted 215 deferred adjudications • Assessed fines and entered judgments of conviction in 881 cases being appealed to the County Courts at Law as follows: • 825 traffic offenses * 0 parking offenses ' 51 state offense • 5 city ordinance offenses D. d a Must Dismiss Certain offenses If Provisions of Ju U Meet Not Meet There are certain offense which require dismissal if the Defendant complies with certain requirements; these offenses are: 1. Fail to Display Driver's License 2. Fail to Provide Proof of Insurance 3. Display Expired Motor Vehicle Inspection Certificate • 4. Display Expired Motor Vehicle Registration The judge must also dismiss a case if the complaint (charging document) is defective, if the State moves for dismissal for reasons such as unavailability of witness, or if Defendant appears as required, but no charge has been filed when Defendant appears. Ir Honorable Mayor and City Council November 20, 1992 Page four From October 1992 through October 1992, out of Court dismissals totalled 2,316 cases as follows: • 1,614 traffic offenses * 175 parking offenses • 419 states offenses • 108 city ordinance offenses in Court dismissals at trial, totalled 116 cases as follows: • 77 traffic offenses • 1 parking offenses • 26 state offenses 12 ordinance offenses in addition, 792 cases were dismissed because the Defendant provided valid proof of insurance. Without a proper computer package, it is difficult to track the exact reason for a dismissal, but the majority fall into the reasons enumerated above. The number of cases dismissed because of the problem of the Defendant appearing before the complaint is filed should be drastically reduced because the Clerk's office is now signing the complaints instead of the individual police officers. 6. Administer Magistrate warn" s to An Criminal Defendant, Whether Charged w th ademeanors or Felonies During the period October 1991 through October 1992, the Judge has administered the required miranda warnings as follows: • 1,553 Class A, B misdemeanors and 1st, 2nd, 3rd and 1 capital felony defendants * 922 Class C Defendants F. Issue Summons or Arrest warrants in Misdemeanors or j Felonies During the period October 1991 through October 1992, the Judge has issued the following warrants: " 2,130 Class C warrants • 327 Class C summons * 890 Class A, B and Felony warrants O O J EX14161r a/ P• • - A • Honorable Mayor and City Council November 20, 1992 Page five G. Issue Summons or Arrest Warrants in Misdemeanors or warrants During October 1991 through October 1992, the Judge has accepted 977 complaints in Class A, B misdemeanors and felonies. H. Conduct Juvenile Detention Hearings When the County Juvenile Judge is Vnavailable During October 1991 through October 1992, I have conducted four (4) juvenile detention hearings during Judge Whitten's absence. This was a function normally requested of the Justice of the Peace, however, Judge Whitten has decided to utilize the Municipal Judge/Magistrate. 1. Conduct Finer en Mental Health Commitment Hearings and Issue Involuntary Hose tal zat on During October 1991 through October 1992, I have presided over two (2) emergency mental health commitment proceedings and was appointed by the County Courts at Law to conduct emergency hearings when all the Judges were at the State Judicial Conference. J. Conduct Examining Trials in Felonies Before Grand Jury Indictment This year, I had two 121 requests for examining trials. The hearings were scheduled, but grand jury indictments were issued before the hearing date. once the grand jury indicts, the Defendant loses his right to an examining trial. K. Set and Forfeit Bail in Misdemeanors and Felonies • The Judge sets bail in all cases where a warrant has been issued or is issued. Total cases where bail was set is as follows: • 3,052 Class C cases • 2,237 Class A, B, felony cases Bonds were forfeited in 26 cases, but forfeiture • f proceedings were heard in 313 cases. • • L. Issue Search Warrants The Judge has issued 22 administrative search warrants for offenses in the Code Enforcement Department, and i EXN~rr • 0 • a Honorable Mayor and City Council November 20, 1992 Page six the Judge has issued four I41 search warrants to the Police Department for telephone number information from the phone company for drug investigations. M. Maintain Prover Dockets and Files The Judge developed a docketing and filing system which is streamlined and color coded for ease of recognition. one can easily look into the file cabinet and determine if a case is misfiled or one can easily tell the history of a file by looking at the various colors which the file contains. This process moves the cases through the office faster and in Court is assists the Judge in determining the case's history without reviewing each document in the file. N. Enforcina the Court's Judgments as Provided by Law The Judge instituted several controls to enforce the Court's judgments. First and foremost was the revising of the warrant procedures to ensure that warrants would pass probable cause attacks. In addition, the Court utilizes a collection agency as well as an inhouse postcard reminder mail out. A new addition has been the Judge's Docket, wherein all persons requesting time to pay must appear in Court on a date certain unless their fine has been paid prior to the docket. This docket is gruelling for the entire staff as it requires a lot of preparation, and it is usually booked beyond its capacity. The results of this docket as it relates to enforcing the Court's judgments is attached as Exhibit A. The warrants have also been effective in enforcing the Court's judgments as is evidenced by Exhibit B. o. Serve as Magistrate of the State of Texas • The Judge routinely serves as Magistrate of the State when required. As one can see from the jail numbers reported for all grades of offenses, the Municipal Court Judges' routinely carry out Magistrate duties. In this regard also, myself and Judge Ramsay were both requested and appointed by the County to serve as Magistrates for the County, whereas the County • • previously utilized the Justices of the Peace as necessary. The Judge has many more duties and responsibilities which will not be dealt with on any significant level j to$ 7W • 0 • Hcnorable Mayor and City Council Ncvemter 20, 1992 Page seven but they are important to the overall administration of the Court, such as: • ruling on motions • reporting convictions • filing state monthly reports • issuing subpoenas, attachments * driver's license suspension notices ' administering oaths and affirmations Overall, the Court handled 33,254 new cases and enforced it's judgments to the tune of $1,059,734.00 for the period of October 1991 through 1992. II. NEW PROCEDURES IMPLEMWW This was the year of change. Many new ideas have been instituted and they will be listed with a brief comment. • Affidavit Sessions Probable Cause Determinations Martin v. State (Tx.Collrt Criminal Appeals) • Judge's Docket Indigency Hearings Tate v. Short (U.S. Supreme Court) • Magistrate Order Probable Cause written order within 4-48 hours McLaughlin v. Riversi;e (U.S. Supreme Court) ' New Fine Schedules Effective October 1, 1992 Legislation raising limit from $200 to $500 except traffic Non-Jury Trials Date for officers working turn around shifts at PD ' Post Cards/Courtesy Notices/Collection agency enforce • judgments Amnesty pay now or risk warrant roundup. Municipal Court Advisory Committee agreed that 1st amnesty was • success, should do once a year • Filing Failure to Appear charges on persons who miss trial date ' Filing Non-Approval of Appeal Bonds with case where appeal bond defective County Court has held if Municipal Judge does not approve bond, new bond must be filed or case remanded back to lower Court. • • Cases dismissed because complaint not filed are being • • refiled. ' Issue Alias Capias warrants in all Bond Forfeiture cases not many defendants failing to appear now • No pleas taken at jail on Class C unless complaint filed, officer leaves a ticket with arrest report, hard copy j Ex~ I Psl~' 21 • 0 ^.r i . • o • Honorable Mayor and City Council November 20, 1992 Page eight sent to Clerk for complaint generation, if defendant cannot readily post bail, can be released on ticket in lieu of bail. Clerk staff having routinely scheduled staff meetings/Judge attends to answer questions, knock around ideas to solve problem areas; ask Clerks for ideas in procedures and vice versa. • Routinely meet with City Manager and other members of Municipal Court Advisory Committee; meetings have played integral part of implementing new procedures and easing tensions between departments. ■ Clerks now affiants on complaints reduces complaint filing time 1 to 3 day delay versus 7 to 15 day delay. III. Kw PROCEDURES To BE ImPLElBnaw ' New ticket (we're almost there) but oh not the legislature will be convening soon! • New parking ticket (awaiting City Ordinance that would allow for towing if you have more than a certain number of outstanding tickets--almost there--Legal has drafted, it's being revised.) * New parking ticket fires (waiting on ticket) ' File brief as amicus curiae with County Court to reduce appeals or send City Attorney staff member to prosecute every now and then to argue against technical motions to quash. Need to discuss in depth with City Attorney. • New faces in legislature Rethink submittal of special legislation for Court of Record the hatchet man is gone! • Continue discussions with Judge Whitten on a Teen Court funded by County and City to be utilized by both and • smaller cities in area. * Continue Municipal Court Staff Advisory meetings to ensure continued successful operation of Court and continued communication between departments. • Continue Law Enforcement/Court Complex battle design • Court spaces and offices (moving in would be nice) • • IV. PROBLEM AREAS "J • Jail mountains of paperwork, needs to be automated and needs full time Clerk (will take part time). The e%H IBir 2,1 a .l • o S'_ • _ O • Honorable Mayor and City Council November 20, 1992 Page nine need is greatest on weekends and Court days. (Tuesdays and Thursdays). • Computer System need new program and hardware current system cannot and does not meet our needs for tracking information. • Courtroom need more Courtroom space, especially during jury trials. V. ACCOMPLISHMENTS • Appointed to Denton County Bail Bond Board (first Municipal Court Judge to serve) • Appointed Chief County Magistrate • Nominated to American Judicature Society • Lecturer at Texas Municipal Court Clerk Association State Convention • Participate in Mentor Impact Study at University of North Texas • Guest Speaker at Ryan High School Business and Government Classes There are many more items which could have been included but for the sake of "brevity", I hope you will find this information sufficient in performing your evaluation. Respectfully submitted, • SANDRA H. WHITE Exhibits: A G B 10.9 , L • toy",'. , ' i•'!,.r Ak`f : `~'~ti, i z ti ~ x A ' • , n, , . ,,.....,....",.•,...e ,,,...,......,c.YV'~Nah+i✓i ,.v]iXMT+Cit C!,m JUDGE'S DOCI06T STATISTICS June 9, 1992 through November 17, 1992 JUNE JULY AUGUST SEPTOMM OCTOM MN 0CMM TOTALS '0ta: Cases 165 226 221 307 237 305 Set Cases Paid 26 56 40 75 62 118 377 Pricr to a;rt :c:iar Amt. $2,719.83 $3,672.49 $2,283,36 $4,381.27 $3,044.47 $6,140.65 $22,245.:6 ?aid Pricr to Court Balance from $1,231.25 $1,301,75 $ 864.25 $ 3,397,25 Court FTA's 97 80 96 273 :TA's Paid 56 35 42 :33 F".R Dollar $5,092.97 12,971.87 $3,062.50 111,127.13 :.mt. Paid I i 1 , EXHIBIT A • a, , r ;t r A , WARRANT BNFWORCKlWT WMRAA7 DOLLARS MONTH ISSUED IN WARRANTS WARRANTS WARRANT FY 92-92 MONTH SER%ED ISSUED REVENUE October S 35,957 45 6/ t 5,040 November f 30,768 40 20 f 31440 December S ;0,259 47 187 ! 5,095 January f 32,853 62 2 ! 1,101 February f 29,900 47 0 f 10784 March f 25,641 71 209 1 60236 April S 19,794 70 313 1 71456 May 1 18,155 267 242 1 260890 June S 18,792 138 235 f 15,565 July s 32,016 72 280 1 9,380 August f 27,259 79 191 f 81390 September f 59,064 153 259 f 160223 TOTAL 5350,458 1091 1006 !116,111 , e:.zfrarT e #0 , . 1 1 m 3 Yy is i r 1 . i ~ . tl ' 1. ~ q ~ w • w. . . . ._....,.....nu.r?-a.wc•..Y'nw!YSro+lrl~'IOM'+!RWt11~'.. ,,s WARRANT ENFORCEMENT WARRANT DOLLARS MONTH ISSUED IN WARRANTS WARRANTS WARRANT FY 91-92 MONTH SERVED ISSUED REVENUE October $ 35,957 45 68 E 5,040 November f 30,766 40 20 f 3,440 December S 20,259 47 287 S 5,095 January S 32,853 62 2 $ 7,581 February S 29,900 47 0 S 4,785 March S 25,641 71 209 S 6,236 April S 19,794 70 313 $ 7,456 May 3 18,155 267 242 S 26,890 June f 18,792 138 235 S 15,585 July t 32,016 72 280 S 9,390 August S 27,259 79 191 $ 8,390 September S 59,064 153 259 S 16,223 TOTAL $350,458 1091 2006 5116,111 3 1 i rGXlf ,Z,/ EXHIBIT H its ro • • . • ~ . ' t .S `,M j 'k i"'M rrrf C ~ ~',b s a~ L~ • A • D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL FROM: SANDRA H, WHITE, MUNICIPAL JUDGE SUBJECT: FY 92-93 Performance Evaluation DATE: Decemh;r 10. 1993 I have prepared this summary of my accomplishments during the past year in an effort to apprise you of the strides the Municipal Court has made under my direction and to assist you to evaluating my perfcr ance. I would also hope that this will assist me, together with your input. in formulating and implementing new challenges for the next year. 1. DrTIES ►N'D RESPONSIBIIJ11ES Certain specie c duties and responsibilities are required of all Municipal Court Judges. Most of these duties are set forth in the Texas Code of Criminal Procedure. others can be imposed by the City Charter. The Judge is also required to comply % kith the Code of Judicial Conduct. I beliese if a judge is performing his or her duties impartially and to the best of his or her ability then he or she will ipso facto be in compliance with the Judicial Code. Listed below is a listing of some of the duties and a summary of how I as Municipal Court judge have carried out those duties or •Asoonsibilities. A. Preside Over Pre-Trial Conrcrenc In FY 92-93. 1 implemented a mandatory pre-trial conference for all cases being 1 set for trial by Judge or Jury. This has had the net effect of reducing the actual number of trials. but there have been an abundance of pre-trial conferences. For • the fiscal year there were 1.208 cases set for pre-trial conferences. An advantage to the mandatory pre-trial conference is that it weeds out the people who in fact do not want a trial. but require some son of cvnr3ct Kith the Judge as the anecdote to all that is disturbing about their circumstances. It has lessened the amount of time Police personnel have to appear for Court. In years gone by. Police acre appearing for trial every Thursday of the month, now they appear • one time every other month if they base a case actuary scheduled after pre- , Lrj". They are not required to appear for pre-vials. • • J Ex0113ir 2Z Pe f _ o 0 • o • Honorable Mayor and City Council 2 December 10. 1993 S. Preside Over Non-Jurr Trials Includes hearing evidence. deciding questions of laa and rendering judgment supported by the law. From October 1992 through October 1993. 1 have presided over 115 non-jury trials. These are full blown evidentiary trials. Of these 115 trials, the following is a breakdown of the verdicts rendered, 1. Trials by Judge Found Guilty: 86 2. Trials by Judge Found Not Guilty: 29 C. Preside Over Jury Trials The Judge in a jury trial does not render the verdict or sentence. but does have the following duties: 1. issue writ for summoning a jury panel; 2. rule on challenges to jurors for cause: 3. summon additional jurors if a sufficient number are not present: 4. administer juror oath: 5. preside over conduct of the trial and rule on questions of law: 6. charge the jury upon written request of Defendant. T enter jury's verdict on Judge's Docket and render proper judgment and sentence thereon. From October 1992 through October 1993. 1 have presided over 30 jury trials. Jury trials are scheduled for an entire week once every three months or four times a year. On an average, four cases are tried during the week. The Court has established a trailing docket system similar to County and District Courts. The juries are all selected at the beginning of the week. and then each trial is scheduled for a date and time certain during the week. The Court usually summons between ISO and 200 potential jurors. Jurors not selected are released as "on call" in the event of a hung jury or ill juror. • Of the jury trials held this year. 8 resulted in guilty verdicts and 4 in acquittals, and I mistrial and S cases dismissed by the State. Any juror excused from jury duty because of a mn-legal excuse is required to agree to be called for jury duty on the next docket without being summoned. D. Take and Record Pleas: Enter Appropriate D hioe The Court has several methods for taking and recording pleas. A person can • appear in person, by mail or by an attorney to enter a plea. All picas must be in writing and signed by the Defendant or his attorney. The Court provides a form for this purpose. The Court has a Court Order in effect which allows the OXH16ir 2Z A 2 0 • • • r . Honorable Afa)or and City Council 3 December 10. 1993 Defendant to enter his plea at the Clerk's Office. however. all such cases must go to the Judge for review. In this regard, the Judge must review all pleas of no contest and guilty, and enter the appropriate disposition. From October 1992 through October 1993, the Court took the following action on no contest or guilty pleas: Assessed fines and entered Judgments of conviction in 15.899 cases as follows: 9.163 Traffic Offenses 6.059 Parking Offenses 535 State Offenses 142 Ciq, Ordinance Offenses Granted mandatory Driver Safety Courses in 3,531 traffic cases. Granted 523 Deferred Adjudications. Assessed tines and entered judgments of conviction in 1.656 cases being appealed to the County Courts at Law. D. Judgg Must DismLs Certain Offenses If Provicigt" Law Meet/Not Meet There are certain offense which require dismissal if the Defendant complies with certain requirements: these offenses are: I. Fail to Display Driver's License 2. Fail to Provide Proof of Insurance 1 Display Expired Motor Vehicle Inspection Cenificate 4. Display Expired Motor Vehicle Registration The Judge must also dismiss a case if the complaint (charging document) is defective. if the State moves for dismissal for reasons such as unavailability of witness. or if Defendant appears as required, but no charge has been filed when • Defendant appears. From October 1992 through October 1993. out of Court dismissals totalled 3.014 cases as follows: ' 2.338 Traffic Offenses 310 Parking Offenses 253 State Offenses • . 113 City Ordinance Offenses ' • Without a proper computer package, it is difficult to track the exact reason for a dismissal. but the majority fall into the reasons enumerated above. The number EXN r~s, r • a • Honorable Ma)or and City Council 4 December 10. 1993 of cases dismissed because of the problem of the Defendant appearing before the complaint is filed should be drastically reduced because the Clerk's Office is now signing the complaints instead of the individual Police officers. There is still a delay in accident and other offenses not observed by the Police officer, because the complaining party must appear to sign the complaint. E. dimin er Maellstrate Wamings to Anv Criminal Defendant Wbether Charted Kith Misdemeanors or Felortles During the period October 1992 through October 1993, the Judge has administered the required Miranda Warnings as follows; 1.770 Class A. B Misdemeanors and 1st, 2nd, 3rd and Capital felony Defendants 1.006 Class C Defendants F. Lmue Summons or Arrest Warrants in Mfisdemeanors or Felonies During the period October 199' through October 1993, the Judge has issued the following warrants: ' 3,040 Class C Warrants 1.439 Class C Summons 967 Class A. B and Felony Warrants G. Issue Suttt_morts or Arrest Karrants In Misdemeanors or Warrants During October 1992 through October 1993, the Judge has accepted 984 complains in Class A. B misdemeanors and felonies. I would also like to point out that as pan of the Magistrate Arraignment Process, the Municipal Judges arraign most of the Class A, B and felony offenders in the County. It is our duty to determine probable cause and set appropriate bail. This year we not only have seen a significant increase in the number of these cases, but it is increasingly. taking more time to do arraignments because of the seriousness of the offenses. • We have arraigned all of the Defendants charged with the murders that have taken place in Denton this year as well as other highly visible cases. H. Conduct Juvenile Detention HeadngS~'hen the Cot►Mv Jnvenlie Judge is Unavailable During October 1992 through October 1993, I have conducted two Juvenile • Detention Hearings during Judge Whitten's absence. This was a function • normally requested of the Justice of the Peace. however, Judge Whitten has decided to utilize the Municipal Judge/Magistrate. 99141 617"ZZ • 0 • _ o • Honorable Mayor and City Council December 10. 1593 1. Conduct Eme cs % trt[al_HSalth Commitnxot Hearingi and Lsstx lnsoluntan Hospitalization During October 1992 through October 1993. 1 hase presided over one emergency mental health commitment proceeding and was appointed by the County Courts at Law to conduct emergency hearings when all the Judges were at the State Judicial Conference. J. Conduct Examining Trials in FSlonies Before Grand Jun Indictment This Near. I had three requests for examining trials. The hearings were scheduled, but Grand Jury indictments were issued before the hearing date. Once the Grand Jury indicts, the Defendant loses his right w an examining trial. K. Set and Forfeit NO in Mkdemeanors and Feloall The Judges sets bail in all cases where a warrant has been issued or is issued. Total cases where bail was set is as follows: 4.M Class C cases 967 Class A. B and Felony cases &-inds were forfeited in 50 cases. but forfeiture proceedings were heard in 94 cases. L. Lssue Search 1%arrants The Judge has issued 2 administrative search warrants for offenses in the Code Enforcement Department. and the Judge has issued one search warrant to the Police Department for telephone number information from the Phone Company for drug imestigations. 1 Maintain Prooer Dockets and Flies • The Judge developed a docketing and filing system which is streamlined and color coded for ease of recognition. One can easily look into the file cabinet and determine if a case is misfiled or one can easily tell the history of file by looking at the various colors which the file contains. This process moves the cases through the office faster and in Court it assists the Judge in determining the case's history without reviewing each document in the file. , • • r Enforcing the Cout's judgments as Provided by Law The Judge has revised several controls implemented last year to enforce the ~XNiair tZz All • 5 • • 6 Iloxxable !Mayor and City Council December 10. 1993 Court's judgments. The Court has revised the Judge's Docket to only hear Indigency cases after a person fails to pay in accordance with a 30 day payment agreement. If a Defendant cannot pay in full within 30 days. he must request the hear ing. This procedure has reduced the number of cases heard at Judge's Docket. This year the docket handled 3.081 cases. The warrant procedure has worked well as evidenced by the 3,040 Clm C warrants issued, totalling an activated dollar amount of $571,3511110 1, the system. lfarktrate of the State of Texas p. Serve as The Judge routinely serves as Magistrate of the State when required. As one can see from the jail numbers reported for all grades of offenses, the Municipal Court Judges' routinely carry out Magistrate duties. Myself and Judge Ramsay were both reappointed to serve the County as Magistrates. The Judge has many more duties and responsibilities which will not be dealt with on any significant level but they are impomrtt to the overall administration of the Coun, such asp • ruling on motions,. • reporting comictions: • filing State monthly reports: • issuing subpoenas. attachments: • driver's license suspension notices: • administering oaths and affirmations. Overall, the Court handled 35,343 WE cases and enforced it's judgments to the tune of $1,335,764.00 for the period of October 1992 through October 1993. A review of the Municipal Court history for FY 88-89 through FY 92-93 shows that tbls year the Court hander than aav other veer and ge ra ed more revenue than in any aher year. 7 See Charts I, 11, 111 and N for comparison of Denton with • other cities and for historical analysis of City of Denton statistics. H. GOALS ACCOMPLISHED FORD 92-93 A. Passage of Court of Record Legislation The Court of Record Legislation was passed by the legislature. and is to be • implemented to coincide with the Court's move to the DMC. The legislation • • submitted by Denton and Carrollton was the legislation i had written several years earlier. Carrollton obtained the bill from Denton, and then made some minor A eximsir ZZ o • 0 • Honorable Mayor and City Council hcember 10. 1943 revisions to it to fn their needs. We in turn then also submitted the bill making revisions necessary for Denton. B, Creation of Juvenile Diversion Task Force The Council appointed a Juvenile Diversion Task Force to study various options available to deal effectively with juvenile offenders. The task force has had a b en configured and I have met with the chairperson. Dalton Gregory. y productive session discussing the format the Committee would utilize to study the issues which I presented to him. C. Designed and Implemented New Citation A new citation was designed and implemented which would reduce the number of case dismissals occurring because the complaint was not filed prior to the Defendant making an appearance. The ticket now advises a Defendant that he must wait at least 5 days before appearing, This concept has reduced the number of dismissals. D. Municipal Court Staff Advisory Committee «eetings The various entities continue to meet and share ideas about issues affecting each department associated with the Court. Thin continues to be a valuable method of resolving issues, E. Municipal Court Complet 1 have been in%olved in ensuring that the various departments associated with the Court are represented at all DNIC meetings and continue to monitor progress so that the Court can make a smooth trarv..jon into the building. I have also made sure and been responsible for complying with all Facilities Management requests. F. Designed and implemented Juvenile Penal Code Program After acquiring jurisdiction of juvenile Penal Code cases. I developed an in-house diversion program to be utilized during the period of review by the Juvenile Diversion Task Force. This program is being used and consists of a Shoplifters Home Study Course. a library and Video Read and Watch Course, a community • service component and a Charter Hospital Family Intervention Program. { i G. Designed and Implemented Court Policy to Deal With Sign and Tree Ordinance Violations Met with Frank Robbins to discuss and design Court policies to deal more effectively with Sign and Tree Ordinance violations that could possibly come before the Court. Discussed penalty ranges and criteria to be utilized in assessing • penalties and information needed by Court from Code personnel. • • 7 i Honorable Mayor and City Council 9 December 10. 1943 A. Work with other staff members to ensure effective and smooth transition from non-Court of Record to Court of Record. B. Work with Facilities Management and other staff members to ensure timely and efficient move to DMC. C. Work with Police and Legal to develop new parking citation to be in effect when Court of Record implementcd. D. Work with other staff members to finalize Work Release Program. E. Work with new Assistant Judge to ensure knowledgeable on all duties required when required to serve. F. Wark with Juvenile Diversion Task Force to develop diversion program alternatives. G. Assist in development of Jail Automation Program is conjunction with Police and Court's new computer system. I1'. OTMER ACC0III'LISH.NENTS A. Speaker at NAACP Banquet to introduce Court of Criminal Appeals Judge. Morris J. ONerstreet. B. Guest speaker at TWU initiation cerrmony for Sigma Phi Beta FrAtern'ity. C. Judge at LINT Multi-Cultural Tal!nt Show. D. Article written by UNT student for publication about my background and job. E. Appointed to Bail Bond Board Rules Committee and Attorney Bail Bond Guideline Committee. • F. Speaker at %arious Ryan High School government and business classes. j G. Reappointed as Denton County Chief Magistrate by Commissioners Court. H. Scheduled in August 1994 to speak at Texas Municipal Clerk's Certification i Program. • • J 1. Became a member of the American Judge's Association. ~•9 • _ a s Honorable Mavor and City Council 10 December 10. 1993 V. RELATIONSHIPS WITH CITY 11ANAGER. CITY ATTORNEY AND OTHER DEPARTNIE\T HEADS I believe that the communication lines have opened up between my office and other City departments. I have enjoyed an excellent working relationship with Bruce Henington (Facilities Management), Tom Josey (Court Administrator), Mike Jee (Chief of Police) and others such as Frank Robbins. I also have a good working relationship with the entire Legal staff and have recently begun to cultivate a good working environment with Joseph Portugal. VI. SAL-A_RY SLRYjF,lS JUDICIAL CONTRACT PROA'ISIO\S A. f have attached a chart which is a concise summary of a written survey I conducted of other Municipal Court Chief Judge salaries and Fours worked. This survey which is more in depth than that conducted by the City's Human Resources Department ascertains information which I believe is pertinent and crucial to a valid survey. Dining our rescussions on December 14, 1993, 1 would like the opportunity to discuss , survey with you in more detail. Ca a4 Judge's Survey s'tia 1 I • Haman Resources Department Survey B. I have _i. attached a copy of my employment contract and would like to point out that Paragraph 4, which was amended by the then Mayor and City Council. requires an annual review each year in October. As you will note from Chart YH below, for the years 1981, 1988, 1989 and 1990, all evaluation were held in October as required by the contract, and any salary adjustment approved by the Council was made retroactive to October Ist of each year. You will then note that the evaluations for the years 1991, 1992 and 1993. have all occurred past October and any pay adjustments have not been retroactive to October Ist of • each rear. I would like to state that it was my understanding when hired that any pay adjustments would be retroactive to the October 1st date. It was the 1992 pay adjustment date of April 15, 1993, which brought this matter to may attention and I believe that the Council should take action to rectify the situation by requiring that the pay adjustments for 1991 and 1992 be made retroactive to October 1st of • each of those years and that future evaluations be conducted in October with any • S pay increases retroactive to October 1st of each year. 10. /a • • r J Honorable Mayor and City Council I1 December 10. 1993 CHART Y11 EVALUATION DATES AND PAY ADJUSTMENT EFFECTIVE DATES EVALUATION DATE PAY ADJUSTMENT DATE October 13, 1987 Effective October 1, 1987 October 11, 1988 Effective October 1. 1988 October 10, 1989 Effective October 1, 1989 October 23, 1990 No Pay Adjustment November 26, 1991 Effecrive January 1. 1992 November 24. 1992 Effective April 15. 1993 I have also attached copies of Human Resource Status Sheets to substantiate this information. V11. SUMMARY I %ould request that the Council vote favorably to grant a pay increase retroactive to October 1. 1993, and that the Council grant at least the 12.26% as stated in the Human Resources Salary Survey to reach the market average. 1 also request that I be paid any back pay as a result of those salary increases which were not made retroactive to October lst of the corresponding year I appreciate your confidence in my ability to represent and serve the City of Denton as Municipal Court Judge. j • Sandra H. White SHW:cm { • 1- ~ • r Chan I CITY OF DENTON FY 92.93 STATISTICS OF CASES HANDLED BY JUDGE Total Pre-Trial Conferences Held 1.208 Tota! Trials By Judge 1. 15 Total Jury Trials 30 Total DDC Default Hearings 207 Total Bond Forfeiture Hearings 94 Total Cases - Bond Docket 731 Total Cases - Judge's Docket 3.081 Total Deferred Hearings 523 Total Ju%cnile Traffic Arraignments 855 Total Ju%enile Penal Code Hearings 31 Total Warrants Issued - Class C Only (5571,398 Value) 3,040 Total Warrants Issued - Class A. B. Felonies 967 Total Prisoners Arraigned 2.776 Taal Cases Dismissed by Judge (DDC) 3,531 Total Cases Dismissed by Judge (insurance & DO 3.014 Total Cases Appealed LOM Total Cases Handled by Judge 19,083 Chart II COMPARISON OF MUNICIPAL COURT ACTIVITY FOR FISCAL YEARS F1' 198849, 1989-90, 1990-91, 1991-92, 1992.93 FV FN' F)' FY FY 1988-89 1989-90 1990.91 1991.92 1992-93 Cases Filed 28.111 29,914 33,058 30,142 35.443 Total Cases Disposed 15.645 15.286 1.2.552 16,501 15,899 Without Hearing • Trials Held •4,321 '3.499 '2.388 862 1,353 DDC 2.548 1.787 2.298 1,936 3.531 Appeals 1,012 775 804 961 1,656 Deferreds 138 196 248 207 523 • ReNenues 1,139.326 1.262.690 859,744 947,906 1,335,764 • • Arraignments included exlgIta,r 2~ P• ~Z • - a► • r ' char, III FY 92-93 ' COMPARISON OF DENTON WITH CITIES LARGER THAN DENTON NITH LESS CASES FILED AND LESS REVENUES GENERATED CASES CITY POPULATION FILED REVENUES Denton 66.270 35.443 $1,335,764 Abilene 106,654 34,922 S 814,073 Brow ns%ille 93,962 30,255 51,279,713 Carrollton 91,169 19.257 51.373.577 Longs iew 70,311 18.857 S 675,847 !McAllen 84,021 24.645 S 901,626 Odessa 89,699 30.258 51,022,256 Waco 103,590 27,358 S 795,042 Wichita Falls 96.259 29,586 51,314,425 Chart IN' FY 92-93 COMPARISON OF DENTON 117TH CITIES OF APPROX MATE SIZE CITY POPULATION CASES REVEN'U'ES FILED Denton 66.270 35.443 $1,335."A+4 BaNtown 63,850 14,439 S 727,782 Bryan 55,002 16.632 S 963.489 College Station 52,456 25.433 $1,158,917 • Galveston 59,070 "85.833 $1,133,598 Killeen 63.535 18,235 S 727,247 Pon Arthur 58,724 17,247 S 455,108 Victoria 55,076 18.584 S 727,803 • Information obtained from the Office of Court Administration. Austin, Texas. 66.292 Parking Citations EXhii/3~ T ZZ 1~• ►3 • r cumv Mt\1Ct►At'S ROGCS SOMEY CIO$/ JLVG$ LAVnTI$ KU T"a A.VK AL COLUT Xt%uw F&ST"Me IAL4V M It"M •'TT1 mvi LATIOr n' CAM U%-KVttl T1 MO$ R/M MID MMILLT R.10 ma n C# aIMUPIC1 RACT" ti T7AH O$Ar 110{(111 pm. M3'O ]1,A11 {I,7S.!.V1 T. ! to T. - 0 p h Tr $10.210 T. k Ae]4 SM w we LO to C7 n alum LTO N. %a Wmlr T. 11 1100 T. D 1.. Aa TWO ¢.m T. W. NI.Or 1. OM T. Li ti "I1010 i.0~r !LW :.!.OI] V.-V.II1 10 In Ya' ~47n 7r11 row rAM Ve V]W: 1W~. w r. 7 w rl 1A.n1 U.rO 1'.f0 { C1 4t T. • a n T• 12 7a M TWO SWAM T. AaYY T..: M. T. V w IC [J.•i. !f,!k :IJ! 1 1:1,1+ T. In. W M row 111,$4 A• 00W Ya W V In. C'• a ►.n: ~t,•n nr! tl.a•,,w In !M T. 10M M no "I'M M w IC M b.x . T. y 111 141 TM $2!.710 w Or Oar ro to c N Lr.I ...u• Gro4 I'.t {..1'1!i] 1. 1n MO Tts 1!!,M T. \aYL VE 06 C.M.!A T. 11 In 1.. I71w 1V. TOM SO= T. tollA i A w IC CC/1 f MEN 3 The rollo%ing cities were requested to respond to the survey. but have yet to do so: ; Baytown Bryan Farmers Branch Galveston 0 Garland Grand Prairie Irving Lewisvil It Longview McAllen 0 Mesquite Temple Tyler E)W 1,31 ro Z Z IAN.rc~~S t r, a L'' 2 ~ y } ~ lelkf'hS kk'NT.t ~ ¢f,,af L' Ila n'•11 ~ ~ j" S'] q~~ ~ Jyk•• y ~'i 'I r, y 1 It, ~'SY;+ r ''YY ♦ r pit r:ra r., y:, t~i~~~A~ t ~ ` r t r a o i ~ if r r'ti tS L, _ ~ .r tel. 1:....-:.- - li `fit i 44 - . ,'1tr r. S sy N r3 ~j}aSk 74, [,rJ w • P • r OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: HONORABLE MAYOR A.*S*D CITY COUNCIL FROM: SANDRA H. %1WTE, 1ft17CIPALJUDGE SLBJECT: FY 93-94 Performance Evaluation DATE: December 9, 1994 1 bate prepared this summary of my job duties and accomplishments for the Fiscal Year 1993-94 to assist you in esaluating my performance as the Municipal Court Judge. L DUTIES AND RESPONSIBUX 'S Certain specific duties and respoasibiCrties are required of au sfunicipai court Judges. Most of these duties are set forth in the Texas Code of Criminal Procedure and others are imposed by the City Charier. The Judge is also required to comply with the Code of Judicial Conduct. 1 betieve if a judge is performing his or her duties impartially and to the best of his or her ability Theo be or she will ipso facto be in compliance with the Judicial Code. Listed below is a listing of some of the duties and a surtunary of how 1. as Municipal Court Judge, hale carried out those duties or responsibilities. A. Preside Over Pm-TrW Conferences to FY 92-93, 1 implemented a mandatory pre-trial conference for all cases being set for trial by Judge or Jrnry. This has bad the net effect of reducing the actual number of trials, but there have been an abundance of pro-trial • conferences, sod in FY 93-94, they increased to 1,730 pre-trials. The increase was attribvied to our Court of Record status change over, but not that we base been able to set up dockets for lawyers, the cumbers base been dropping drastically. An ads antage to the mandator) pre-trial conference Is that it weeds out the people who in fact do cot want a trial, but require some sort of coctact with the Judge. It has lessened The amount of time PoUce • personnel have to appear for Court. In years gone by, PoUce were appearing • for trial every Thursday of the month, now they appear one time even other GXN i4,T 23 P• 1 0 a • MQ.PA1f_they have a case aduall1 scbcdukd after nrLAd81L They are not required to appear for pre-trials. B. :*_0ur N A4i Truk Includes hearing ev idence, deciding questions of IaM and rendering judgment supported by the law. During FY 93.94, 1 presided over 860 non-jury trials. These are full blown esidentiary trials. Or these 860 trials, the foUowing is a breakdown of the verdicts rendered. 1. Trials by Judge Found Guilty: 838 1. Trials by Judge Found Not Guilts: 12 The number of trials by Judge increased over FY 92-93 due to our pending implementation of the Court of Record between January 1994 and August 1994. They also increased drastically due to the fact that the word was out that the City had a "new" prosecutor. C. ralwo Oyer Ittn Trick The Judge in a jury trial does not render the verdict or sentence, but does have the following duties: 1. issue writ for summoning a jury panel; 2. rule on challenges to jurors for cause: J. summon additional jurors if a sufficient number are not present; 3. administer juror oath; 5, preside over conduct or the trial and rule on questions of law; 6. charge the jury upon written request of Defendant; 7. eater jury's verdict on Judge's Docket and render proper judgment and sentence thereon. In FY 93-94, 1 presided over 26 jury trials. Jury trials were scheduled for an entire week once every three months or four times a year. On an average, four cases were tried during the week. The Court has established a tratUng docket system similar to County and District Courts. The juries are selected j • at the beginning of the week, and then each trial Is scheduled for a date and i time certain during the week. The Court usually summons between 150 and 100 potential jurors. Jurors not selected are released as "on call" in the event of a hung jury or ill juror. At the time we became a Court of Record, we had 78 cases pending for Jury Trial. All of these trials were held beginning in September 1994, and we just completed the last trial December 7, 1993. • During this period, we were baying jury trials every week. We will now start ' the 1995 year with no backlog, and we base approtimately 10 cases set for • • January 1995. The number of jury trial requests has decreased based on our Court of Record status. Of the jury trials held this year, 21 resulted in 014161'r Z3 P• 0 • P • i guilty serdicts and 3 in acquittals. D. Puke and Record Pleas; Enter A~ranriate Ilisnositioa The Court has se%erai methods for taking and recording pie3s. A person can appear in person, by mail or by an attorney to enter a plea. All pleas must be in writing and signed by the Defendant or his attorney. The Court prosides a form for this purpose. The Court has a Court Order in effect which allows the Defendant to enter his plea at the Ckrk's Office, however, all such cases must go to the Judge for review. In this regard, the Judge must review all pleas of no contest and guilty, and enter the appropriate disposition. In Fl' 93.94, the Court took the following action on no contest or guihy pleas: Assessed fines and entered Judgments of conviction In 12,713 cases as follows: •6,873 Traffic Offenses •3,937 Parking Offenses • 694 State Offenses • 210 City Ordinance Offenses Granted mandatory Driver Safety Courses in 3,401 traffic cases. Granted 726 Deferred Adjudkations. Assessed fines and entered judgments of conviction in 1,413 cases being appealed to the County Courts at Law. E. of Lw MftVNot Mad There are certain offenses which require dismissal if the Defendant complies with certain requirements; these offense an: 1. Fail to Display Driver's License 2. Fail to Pro- ide Proof of Insurance 3. Display ExpL-ed bfotor Vebkk Inspection Certificate 4. Display Etpired Motor Vehkae Registration The Judge must also dismiss a case if the complaint (charging Instrument) is defective. If the State moles for dismissal for reasons such as unavailability of witness, or if Defendant appears as required, but no charge has been riled w hen Defendant appears. • During Fl' 93-94, out of Court dismissals totalled 3,080 cases as follows: , • • •2,372 Traffic Offenses • 63 Parking Offenses EX~+~S~r 23 l~ • 3 • c>, • 0 413 State OfTenses • 242 City Ordinance Offense Without a proper computer package, it is difficult to track the evact reason for a dismissal, but the majority fall into the reasons enumerated above. The number of cases dismissed because of the problem of the Defendant appearing before the complaint was riled was solved by implementing the date certain court appearance system. F, •dmlWgcr Mai M7U warns !s to t C ' bg e'haeveA vrith AlisdemeaAOrs or FcWnks During the Fl' 93.94, the Judge has administered the required Miranda 11 arnings as follows: $1,405 Class A, B Misdemeanors and Ist, 2nd, 3rd and Capital felony Defendants 02,517 Class C Defendants G. Issm Sor rrr~ walla ~ ho Mkokmeatim or Esignici During FY 93-94, the Judge has Issued the following warrants: 411,932 Class C Wit"ants 01,305 Class A, B and Felony Warrants J~ y. isms Summm or Arses4 R'arr~Ss inlliisdnnean20 or 1'_W During F1' 93.94, the Judge has accepted 1,405 complaints in Class A, 8 misdemeanors and felonies. I would aslo tike to point out that as pan of the Magistrate Arraignment process, the Municipal Judges arralgo most of the Class A. B and felony offenders in the County. It is our duty to determine probable cause and set appropriate ball. This year we not on!y have seen a significant increase In the number of these cases, but it is increasingly, taking more time to do arraignments because of the seriousness of the offense. We have arraigned all of the Defendants charged with rote murders that base taken place in Denton this year as well as other highly visible cases such as the Larry Lamoot Stalking Cases. The video arraignment process was • implemented in September 1994, and I have used it for arraignments when feasible to do so. The Judges are still required to due the massive amount of jail paperwork manually, mod due to additional paperwork requirements required by the District Attorneys Office, the paperwork has increased and has resulted in lengthier arraignments, Also, because of our close pro%imity to the Police and Detectives, we base been issuing many more warrants from • our office after Jail arraignments, felonies and A and B misdemeanors. We have Issued 101 warrants during and after office hours. • • 1. Conduct hymife Detsg&p H9AdW wbeo the C9WO Juveall Judge is LOW1P,rr Z3 p•~ • A • ILna~ Wabk During FY 93.94, 1 have conducted two Juvenile Detention Hearings during Judge R'hitten's absence. This was a function normally request of the Justice of the Peace, hoee%er, Judge Whitten has decided to utilize the Municipal JudgefMagistrate. J. Coadvct Eaner~tgq Mead Heakb Commlbtsent I e:Lrtn~s_R~~_ Hq~itallzatioa In FN' 941-94, I was appointed by Judge Wendell to handle emergency mental beahh matters from July 6, 19941 to August 6, 1994, while Judge Wendell was attending the National Judicial College. K. ~oodud EsrmiAlAe 7YiaB la-FsT44ils Before Grand Ju[Y n koat This year, 1 bad two requests for examining trials. The hearings were scheduled, but Grand Jury indictments were issued before the hearing date. Once the Grand Jury indicts, the Defendant loses his right to an cvamining trial. (Now referred to O. J. Simpson hearings!) L. va.ia s'..'!.w R+il in MGc&anranp~Ld ti0aks The Judges set bail in all cases where a warrant has been Issued or Is issued. Total cases where bail was set Is as follows: •4,449 Class C cases '1,405 Class A, B and Felony cases Bonds were forfeited in 26 cases, but forfeiture proceedings were heard in 71 cases. Also bail bond companies filed 441 Motions to Surrender Defendants. M. lgne Search Warrants The Judge has issued 7 administrative search warrants for offeases in the Code Enforcement Department and Fire Department. • N. M&hA&k Fmpcr Dodds and FHas The docketing and filing system developed last year which streaWined and color coded each case for easy recognition has continued to %orl. successfully. I had considered making some changes In the system. out the Clerks indicated that the system worked e%lremely well and no reshaping of it was • required even with Court of Record cbaoges. , 0. abrdu tM C=Cs jl*=att as Pro•ided by Law Ir1f' Z3 p•s • to • r The Judge has re►ised se►eral controls implemented last year to enforce the Court's judgments. The Court has revised the Judge's Docket to only hear Indigency cases after a person fails to pay in accordance with a 30 day payment agreement. If a Defendant cannot pay in full within 30 days, he must request the hearing. Even though there were less cases filed in FY 93-94 than in FY 92.93, the revenues of $1,405,863, which are the highest since 1987 indicate that the Court's systems of enforcing judgments has worked e%tremely well. Overall the Court handled 28,586 Mg cases and enforced it's judgment.; to the tune of $1,405,863.00 for the period of FY 93-94. A review of the Municipal Court history for FY 89.90 through FY 93.94 shows that this year the Court handled Im eases bun generated mm revenue than In any otter year II. ~n ♦ r c A0OO3HPI11 - FOR FY 93-94 A. Impiementstion of Court of Record Legislation The Court of Record Legislation was passed by the IrgIslature in May 1994 and was implemented by the City on August I, 1994. All Judges and Court personnel bad to be resworn in before serving. The Court of Record took effect as planned, however much work went Into this happening. All forms and documents in use by the Court had to be changed and much more stringent language and detail had to be added to every single document used by the Court. In addition, the Court began implementing Dew dockets in the evening prior to the actual parttime Judge coming on board. This was due to the fad that we had a tremendous amount of pretriais that bad to be handled during the interim period from August 1,1994 to November 1, 1994 wben Debra came on board. Most of these eveining dockets were presided over by me and on a few ocrosslons Judge Ramsay assisted. Beginning in August I was pretty much working 5 days and 3 to 4 nights per week and continued to do so through the first two weeks in November, which I used to serve as training for for Judge Drayovitcb. During this time period we also changed our tickets, which 1 was responsible for revamping and prior to implementing these new tickets 1 conducted traininn sessions with the Police i Dept. Officers, Fire Department, UNT and TWU Depts., Code Enforcement and Animal Control. These sessions were held at three different times, 2 • being on held on the weekend October 30, 1994 from 9:00 p.m. until 12:15 a.m. on October 31, 1994. The Court of Record changes have required alot of changes in poticies sad procedures, which I intend to set forth in writing, but because of the training and assisting Judge Drayo►itch, I still do not have an) time to devote to administrative matters. 1 do foresee this changing in the near future. B. Creation of Juvenile Diversioo Task Fora The Council appoic:ed a Juvenile Diversion Task Force to study various 23 SIR + Oil 7* P• s 0 0 options available to deal effectively with juvenile offenders. The task force task force re commended the use of counselling programs and implementation of a Teen Court. Proposals were directed to the Denton Independent School District and the County Commissioners Court by myself and Harlan Jefferson. Both entities were impressed with the programs being offered and the DISD has already agreed to participate. The Commisioners Court plans a vote in earls Janauary 1995, and all indications are that they will become a sponsor and lend some support. I have discussed this with County Judge Jeff Slowly on several occassions and am confident that tbcy will become a joint sponsor. C. Municipal Court Complex 1 was very involved with the construction and design of the Court and the Court's offices at the DNIC from redesigning the jury box down to where a particular plug should go. I communicated and deahb with Brent Byers and his staff on a regular basis and with Betty Nickean and her staff on 7 regular basis. I can truly say that I sm glad the project is over, but I hope that the Council is as Impressed with the frluts of our labor as was the pubUc. D. Designed and Implemented Juvenile Peas! Code Program bast year, after acquiring jurisdiction of juvenile Penal Code cases, 1 developed an in-house diversion program to be utilized during the period of review by the Juvenile Diversion Task Force. This program has been used successfully, and consists of a Shoplifters Horne Study Course, a library and Video Read and Watch Course, a community service component and a Charter Hospital Famd Intenentoon Program. In additon, we bare implemented several new programs as a result of the Juvenile Diversion Task Force efforts. These programs consist of three (3) family counseling programs offered through Texas Woman's University, University of North Texas and Counseling Center ofDentoo. In addition, we bare *ust become i Involved with an Alcohol Awareness Program whkb was spearheaded by Judge Whitten. F. Rork Release Program The Work Release Program will be activated In January 1995. The Personnel Department will be instrumental in assisting the Court in the operation of this program. Many City Departments have indicated an interest, and the program will allow the City to benefl, from the services of Defendants whom the Court has determined cannot pay their Judgments. F. CoBedioo Agency The Court implemented the use of a collection agency to assist in the collection of outstanding warrants, beginning August 1993. The collection 0 agency receives cases after they have been in warrant for six (6) months. If ' • the Warrant Office of the Police Department has not served the warrant In 6 months, the case Is referred to collectioo. For FY 93.94, the collection t/ S. 0 • 0 • r agency collected $18,311.50, and resotsed 129 of cases through payments. The average collection per case was about $142.00. C. In FY 93.93, 1 was responsible for the development or the UnIsersity of North Tevas Municipal Clerks Certification Program. Developing this 2 da; seminar which was attended in Denton. August 34, by 88 participants from across the State, required developing the topics and writing ail the course materials as well as lining up the speakers. 1 believe not only did the 88 participants find the seminar valuable, it certainly brought some revenue dollars to the Radisson Hotel and the City of Denton Business and Restaurant community. 1 was asked to plan the seminar again for the year 1997, wben it will be held in Denton again. I have attached a copy of a letter I received from the Director or the Program, and a sampling of some of the partkipant evaluations. I would also not that at these seminars, many vendors attend, usually to set up booths about the products they offer to Courts. Since the seminar. one vendor In particular has visited me on three occasions, advising me that he usually neser listens to the seminars, but be did in this case. Ile stated he left thoroughly informed about the many arras of law, and he felt the course outlines were excellent. He is now requesting that I allow him to take some of my "forms" and publish them in a generic format, for sale to other Courts. He is a Court "form" vendor. (See Exhibit B) 111. C&AAU FOR FY 9421 A. Assist new Permar of Part-time Assistant Judge in transition from City Attorney, and In uuderstanding and fullydling judicial duties. B. Continue formulation of Judicial Policies and Procedures Manual. C. Continue formulation of local rules for practice io the Municipal Court of Record No. 1 for attorneys and citizens. D. Assist in implementation of Teen Court Program. E. Assist In implementation of new Municipal Court Computer System. • F. Continue to assLst Court Administrator with Municipal Court Clerk's Policies and Procedures Manual C. Continue to devise automated Juror Selection Process. H. Develop and plan Seat Belt Awareness Program with Lt. Abbott and Officers Craig and Blalock. This program will work much like a Defensive Driving Course. • • IV. OTHER ACCOMPLNKMENTS j 23 P8 • a • i Last year, 1 was involved in the following activities: Speaker at NAACP Banquet to introduce Court of Criminal Appeals Judge, Morris J. Overstreet; Guest Speaker at T%%I: initiation ceremoney for Sigma Phi Beta Fraternity; Judge at U'NT Multi- Cultural Talent Show, but due to the deletion or the provision In my Contract which allowed me to participate in these type or activities. 1 have not engaged in this type of activity, except the seminar I have already alluded to because the commitiment had been made prior to the deletion of this provision from my Contract. I would state also that I was contacted to speak at Ryan High School on about b separate occassions, but had to decline. My name was also forwarded to the Texas Municipal Court Training Center to teach a course at the Judge's Mandatory Training Seminar, but again I had to decline. I am hopeful that we can revisit this Issue and bave that provision reinstated into my Contract. I have attached an article from the American Judicature Society Magazine, concerning the issue of Judges engaging in such activities. i hope you will Rod it informative. (See Exhibit Q V. RFI ATIONSUM WITH CITY MANAGER, ACTING CITY ATTORNEY, OTILFR DEPARTMENT HEADS AND PUBLIC 1 believe that the past year has allowed me to have more direct communications with many Department Heads, such as Harlan Jefferson, Kathy DuBose and Betty McKean, just to mention a few. I believe that perceptions have begun to fade and that real coexistence between the Judiciary and the Legislative Branch has beta established. 1 have enclosed a couple or notes and memos from staff members which seem to support this. 1 also bcUeve my reputation among the legal community and the public is one of respect. 1 have attacbed copies of letters I have received which support this assessment. (See Exhibit E) Vl. 1 have reviewed the salary surrey provided by the Personnel Department, and believe that the salary stated of $56,251.00 is incorrect. (See Exhibit F) According to the memorandum from Tom Klinck, dated February 11, 1994, my salary effective April 15, 1994, was $53,931.20. (See Exhibit G) 1 would suggest that this makes the market adjustment figures incorrect, and I would request that corrected figures be obtained before the Council decided upon a merit Increase amount, if any is to be considered. • V17. SI,MMARY j I would request that the Council vote favorably to grant a merit increase. I would like to thank the Council for their continued support and confidence in my abilities. • ill. ~Cl~t ~,y y • C~ • ~ Saodra H. ""bite J SH\*= ~X~,~,r23 P~~ • , h .....:Jpl./[.i4.1'ti ,.M1aV^JY~~^..+.+YM~Y1'~ii, . REVENUE HISTORY OF MUNICIPAL COURT IMCTI %01 PPitiv 1968.29 1982-90 1290.91 1991-2 s 1992.99 1293.241 ILAA OCTOBER $ 105,024 4 101,616 1114,518 176,301 1 102,828 1110,694 107% NOVEMBER 86,400 102,398 95,435 62,962 99.100 91,624 92% DECEMBER 78,874 93,190 64,994 67,673 106,146 95,324 69% JANUARY 97,197 111,625 59,602 71,187 19,715 110,702 123% FEBRUARY 87,431 104,682 78,811 67,857 106,170 114,873 106% MARCH 101,798 103,305 74,714 99,425 126,914 116,992 92% APRIL 96,253 102,211 70,306 86,242 130,765 120,567 92% MAY 112,643 105,414 53,081 87,801 116,870 113,572 97% dE 90,771 113,441 53,096 81,099 118,287 146,739 124% JULY 92,028 116,155 59,411 75,755 103,084 128,750 122% AUGUST 103,570 105,524 62,787 72,295 115,150 129,696 112% SEPTEMBER 87,337 102,929 74,191 97,309 116,735 124,330 106% J TOTALS $1,139,326 $1,262,690 $859,744 $947,906 $1,335,764 11,403,883 105% AVERAGE MONTHLY 94,944 105,224 71,645 78,992 111,314 117,155 105% • •Ths 1,se4l year'$ prose revenue includes bond conversion amounu not reported in eaAier vars. Adiustn+ent rector is Iw 14%) Pei cant .001)3,4 Cos tat Iasr Z3 P• ~a • Chart I CITY OF DENTON FY 92.93 STATISTICS OF CASES R%N'DLED BY JUDGE n'92-93 FY 93.93 Total Pre-Trial Conferences Held 1,208 1,730 Total Trials By Judge 115 960 Total Jury Trials 30 26 Total DDC Default Hearings 207 342 Total Bond Forfeiture Hearings 94 72 Total Cues - Bond Docket 731 635 Total Cases - Judge's Docket 3,081 5.016 Totu Deferred Hearings 523 726 Total Juvenile Traffic Arraignments 853 1,028 Total Jusenile Penal Code Hearings 31 47 Total Warrants Issued - Class C Only ($571,398 Value) 3,040 1.931 Total Warrants Issued - Class A, B, Felonies 967 1.405 Total Prisoners Arraigned 2,776 3,922 Total Cases Dismissed by Judge (DDC) 3,531 3,401 Total Cases Dismissed by Judge (insurance do DL) 3,014 3,080 Total Cases Appealed LM IAA Total Cases Haodlkd by Judge 19,063 26,639 Chart 11 C03UPARLSOY OF biLN'ICIPAL COURT ACTIVITY FOR FISCAL YEARS FY 1989-90, 1990-91, 1991.92, 1992-93, 1993-94 FY FY FY FY FY 1989-90 1990-91 1991.92 1992.93 1993-94 Cases Filed 29.914 33,058 30.142 35,443 28,586 Total Cases Disposed 15,286 12.852 16,501 15,899 12,713 Without Hearing Trials Held 03.499 02.388 862 1,353 89C DDC 1,787 2,298 1.936 3,531 3,461 Appeals 775 804 961 1,656 1,444 • • Deferreds 1% 248 107 523 435 ~X 1 f3r'I~ 25 • O r i T LxAS MUhiCIPAL CLERKS CkkI4iCATiON rROjRAAA • • UNIVERSITY Of NORTH TEXAS :f P O Sol 5O65 ';r l9f:rS9S3Ale % , e.. August s, 1994 The Honorable Sandra White Municipal Court City of Denton 215 East McKinney Denton, TX 76201 Dear Judge Whits: You provided an outstanding Municipal Court Administration seminar for the Texas Municipal Clerks Certification Program, August 1-1, 1994. Eighty-eight people attended the seminar. Throughout the two days, members from the audience roqlated positive comments about your excellent instruction and entertaining presentation styles. Judge Ramsey and Judge Cooper were generous to give their professional expertise and valuable time to the seminar. It was a pleasure to most them both. Thank you for including them on the program. Judge White, the members and I want you to conduct the next Municipal Court Seminar in August of 1992. Yes, we were really serious last Friday! May we put your name on the planning calendar? Thank you once again for an excellent seminar. I look forward to working with you in the future. i Sincerely, 1LJ oyc snay 161 25 r 10YC9 MAY 19001 sUANSID1 GAIL 5IMPKINIS OiPIECYOA P400AAM SPECIALIST PROGRAM ASSISTANT • _ p • This seminar Is designed for city clerklicity secfelarles municipal court clerks, city managersladminlstrators and city attorneys. WHAT YOU WILL COVER nis seminar will update you on changes affect}ng municipal courts following the 73rd Legislative Session, interpret the laws and procedures of municipal courts, and provide techniques of elfeetive municipal court administration. MNAR PROGRAM WEDNESDAY AUGUST 3 1994 6:00 p.m. Examinations (for Certification Program enrollees who have completed homework in any of the four coursest THURSDAY AUGUST 4_1994 --------FRIDAY,-AUGUST 5. 199 , 8:15 a.m. Registration 8:30 a.m. UNRAVELING THE INDIGENCY WEB 8:40 a.m. Welcome • Jennifer Walters, Speaker: Sandra H. Wh)re City Secretary, Denton 10:00 a.m. Coffee Break 8:45 a.m. WHAT YOUR COURT SHOULD AND SHOULD NOT BE 10:15 a.m. THE JUVENILE JUNGLE HANDLING AND WHAT'S NEW "Traffic Cases "Alcohol Cases WITH THE PENAL CODE "Penal Code Cases "'Teen Court Speaker: Sandia H. White "Referral to Juvenile Court "DL Suspension Notice j:15 a.m. Coffee Break Speaker: Tanya Cooper 10:30 a.m. MAGISTRATE DUTIES 12:00 ll Noon Luncheon Speaker: Robin A. Ramsay 1:00 p.m. I WANT TO GET OFF THIS MERRY GO ROUND--TO WHOM 12:00 p.m. Moon Luncheon DO YOU ANSWER--JUDGE, UTOR,C CITY MANAGER, 1:00 p.m. PROBABLE CAUSE AND POLICE CHIEF, MAYOR WARRANTS "Clerk Liability and Immunity * On Sight Arrests Speaker. Sandia H. White * Copies Pro Fine Warrants Speaker: Sandra H. While 2:15 p.m. Coffee Break • 2:30 p.m. Coffee Break 2:30 p.m. She RI PERSONNE H.L SECURITY 2:45 p.m. NIGHTMARE ON *8OND" STREET Speaker: Sandra H. Whin 3:30 p.m. Adjourn 4:00 . 4:30 p.m. • Optional • Orientation for New and Prospective Certification Program Enrollees 4:30 • 5:30 p.m. Reception in the Hotel Lobby sponsored by the North Texas Municipal Clerks Association. Auoust is hotl Dress is casual. &V #4 161r 42 3 p . IJ • • 'P ; r '~r .r iii .Fy. ,;a,>,~tlt',ka~±7r°M1S3 l . I outstanding 3 satisfactory S poor t. Overall rating of the seminar, speaker, and hotel accommodations. 2. The instructor demonstrated: L a) knovledge of the subject; L b) good use of teaching aids such as audio- visual equipment, handouts, charts, c) good communication skills; d) ability to very the lesson activities; J___ s) effective response to members questions. 3. The seminar site provided: a) adequate educational environment j b) comfortable, secure lodging c) acceptable meals L d) polite, competent service. Suggested improvement: 4 _ ~i Uota<Ntl.+- . `~'dlf4al~.~i ,(..ceca..t' 21.C ~!I~,tyl_-s~M.« 5. Most valuable part of this seminar was: eo"I E10#41 so 23 r • - O • NOILVnIVA3 VVN1K3S WVVDOKd NOlIV3I1I11133 S"713 1Vd1JlKnW SYX3i ~w I - ~Aff~ ' I'M, 1 outstanding 3 = satisfactory 5 ■ poor 1. overall rating of the seminar, speaker, and hotel accommodations. 2. The instructor demonstrated: a) knowledge of the subject; _L b) good use of teaching aids such as audio- visual equipment, handouts, charts, t c) good communication skills; / d) ability to vary the lesson activities; ! e) effective response to members questions. 3. The seminar site provided: a) adequate educational environment 1 b) comfortable, secure lodging c) acceptable meals I d) polite, competent service. 4. Suggested Improvement: /Itt.7 1(!ljL~ 11A1")) ~JA S. Most valuable part of this seminar vas: P• 15 I • a T) Please mark your response with a rating of 1 to 5. Rating scale key: 1 - outstanding 7 - satisfactory S - poor 1. overall rating of the seminar, speaker, and hotel accommodations. 2. The instructor demonstrated: a) knowledge of the subject; b) good use of teaching aids such as audio- visual equipment, handouts, charts, c) good communication skills; _ d) ability to vary the lesson activities; e) effective response to members questions. 1. The seminar site provided: / a) adequate educational environment b) comfortable, secure lodging c) acceptable meals L d) polite, competent service. //a. Suggested improvement: /t2/w1Aw/~HS1✓ ~iJ/JYv MAO S. Most valuable part of this seminar was: 1000 00or rt1l~+~~~T Z3 p• 1~ .r • .1f I' y '~1 1 • p • d , I 'r .Foie *aS~ _v, .7 :'!3{%zrsa ♦aA 1 11t\~ !"1 \ tP fl~."~G iCe.e l\~ ~ sat foie. t.v~ w ~ rYt~~ _ 1. overall rating of the aaat0,4l. Bret\sl InA ~Ylr1 aM at&%" 2. The instructor de*onetratedi al knowledge of the eu/Sent bl good use or teechtnq aide fueli to a~tdlri` visual equipsento handdutl, rhatko I of goon cosuounication 01116! dl ability to vary the loosen 44tWO Fltef al affective response to MosMsto 44sr►lh+l1, 3. The seminar site provi4odt a a) adequate edvsetiynsl anrlrryn,ts►,F ,Z Dl coofortable, oe;,,re lylylr,y c; acceptable seals m- d' ;nPae, t'isyet~r~ serN~e • .4#4 r i IFIWPI 4& • _ p • F v-.c moo... y a+n,,,.,.,. . Tt.As MVNICIPA&o CLEW CERT?IOCATION PROGRAM please :nark your response with a rating of 1 to S. Ratinq scale key: 1 outstanding 3 ■ satisfactory 4 poor 1. overall rating of the seminar, speaker, and hotel accommodations. 2. The instructor demonstrated: a) knowledge of the subject; ` b) good use of teaching aids such as audio- visual equipment, handouts, charts, I c) good communication skills; I d) ability to vary the lesson activities; s) effective response to members questions. 3. The seminar site provided: oZ a) adequate educational environment b) comfortable, secure lodging c) acceptable meals d) polite, competent service. a. Suggested improvement: S. Most valuable part of this seminar was: 61t~~~ X23 • a • :Aox sisos 6UT2Wd .S 01 1 to E't?ivs s q.4tn asuodses 3noA xsss esssld NOILVAIVA3 dYNIW3S MD01ld NOI V311I,Ld3J S"31J lVdIJINAW SYX31. i i ' a) knowledge of the subject; I b) good use of teaching aids such as audio- visual equipment, handouts, charts, r_ c) good communication skills; d) ability to vary the lesson activities; e) effective response to members questions. 3. The seminar sits provided: J a) adequate educational environment (v~ b) comfortable, secure lodging uJ ,1 c) acceptable meals d) polite, competent service-. - 4" )xwe Z a. Suggested improvement: A-4` 5. Most valuable part of this seminar was: LL jXe Pe 18 • a • Learning, speaking, and acting: what are the limits for judges? To maker informed and fair decisions, judges must not isolate the"w1tes from society. Instead, they should balance ethical considerations with appropriafe on- and off the-Synch actitaties. by Jack B. Weinstein want to touch on some aspecu of cism of judges who prefer to stay at any once in practice of the law, govern the ethical limits on judges' point within or beyond those limits ment, business, and academia Yet learning. speaking, and acung man-, are rusty on their general s,u- There is no clear<ut distinction Learning dent-acquired knowledge of science, among these categories , We learn by Wert it possible, judges would want to history, economics, sociologv, anthrv speaking, and we act through words. crawl into the skin ofsxiety,acquiring pology, philosophy, and otter disci- Aa a general rule, self-imposed restnc- all knowledge and understanding all penes that are the foundationsofdeci- uoris increase asjudges move thri igh feelings But such omniscience is for sions of fact and law, the spectrum from learning to acting the Lord, not ajudge-and we do rec. We hope that after appointment judges learn, speak, and act as citi• ognite the difference. judges will continue to enhance their tens as well as members of the judicial Even in medieval times, the notion understanding of the world, to the ex. establishment In the public mind, of acquiring all knowledge was a delu• tent that arduous, time-consuming du. these roles are inextricably entwined, lion of the educated classes, possible des permit. As generalisu as well at requiring some imporution of inhibi• only by an artificia? definitional restrict speciaYiu, judges need to continue to • lions on our public into our private lion that excluded the enormous diver- acquire new information-much as persona. The public itself has the right city of technology, art, %G-ial structure, any intelligent, well-educated person to accurate inrorrnation in order to religion, and emotion spread rer the does--by reading newspapers, maga• make sound political decisions, and globe. Now, with the explosion of new nines, and books, watching teletision judges are among the best sources of information, each of us can acquire n to arude was the bade for tare Charles Inns knowledge about many aspects of only a scintilla of what is mailable. We N hey Lecture gtaee it the house of the ]n the justice system, Knowing, speaking, are constantly struggling to retain a York uUnnt,..enAssociation, New Visit on Much 11 1944 ri The maroon on learning w, • and acting by judges thus Inrolyes tenuous understanding of the stviftJy to np.need ed rorn, gnrn at Muone t'oh ,run rights and duties of judges, litigants, changing world about us-scientific, 1~(ctoMKt kayre in Twaaen,lAtut15. ina The ice • • and the public. sociological, and Institutional, hone on speaking and mint were ri en at the Much depends on the values and sp Unlike continental judges who see L'oa.enlq of Dalton School of Law ee Apnt tl r1a1, in ee ended form. ere part or the Is. proach of the individual judge. By de- lect the iudicial track early In their whoor'e ■hoLr.n-rerdence pro" With tint. scribing what I consider possible outer careen. American judges have first at. M". and enl ed dtecutstons. the ,worse roc' rare will be published to the Anoints Leer Anse boundaries, I do not suggest any criti- quired a great deal of mature expert- and Ne Dynan rerun to Lhe Dwyer, law Man 322 Micarure 1'Aow 77, h'uttsA+6 May,grne 1991 Elf h a# r 2 3 n is r r, a ~ ~ ~ ~ i ~ ~ i , f ~ tea' f.'. 1 a•r rl 1. i i a r a.rs ,',111 r\ a~~ n rf.r 1'1' i'e'~s . r. tre'e'. a\ a , r!,',. if r r rri ai lcarrIn th„~• d r s~ r. I(I, 1 s r ♦ . ~ ~ r rv r isA. r•J f AJ'I•rlirl dlk ll[ i',d~. rr r' ~ ~ i i e'. .,v 'r~~ ~i},rl ~u,r.gs~ I.v^. a 1-~1~r f'~ttyri r r , ~ ' r r ~ r i r. ~ , ~ ~~s..l~'li :IJr~ it (e;r •}a, Irr lam., _ rr r . _ J r., ! r a: r' r.l l r. ea',ef In+r,. . a' r r This tr, al eri"n hr.: '{r%slI ,Id !K <; , s_~ t'. fr t , a,ld rfa', i.ia'. :.s aa'I Ier;Iar, % (1 n s TI,r', a'.~,,.i ;vI tw a` . vI I'r r r Irlr. II , , f'ar' Ik,a'r in ar7','r,Ps Iha1 rAJ a 1^ct:,f' rr• m pr ''.e the ' ia's ar.1 '.;'c Irgal f,r,i rss !a'le'n,n w r..r drv'ah'r r ` Seminars and coun%es I 1-tree f In~ If educatlcin Ir J' }'ls I r, t t, IN d r am rI a aIirri -L, r s ,d:cIA srmn,l•s and cnfrIt ncIt l Ih~s n~rth•-'d ref ed„ ar„ -n desel,,yc~1 rn kart f:•Iln t:4 11 uv'•,,ms f,tr fr: r, oral )ud~rs sp, na~rrd bs Ife Fr ,rnl r,'rA.d Jd~cla! I. rntrr and r,ilyd to (ht k'. . l!! y rr~vsrnmer t N'A' r la'.. 4Fr' I h'.c:\ c•,\tf Bahr„'• s C,. r'.ferer, r s Ar'd,c'r d'.A sslJd lrs t!IJ are a.rr~rri at the I„dI"an, al(h(~r,gh thn J' e J'v- a"r-,rird h•, pr, few I, e%f.rrrl u, d pre,t„iI ,ner-1 Fund": core rs f,n:narl( from (orp,,ratl, " and ((Irf..I ra~e fnundaIII, nt that d„ n'Ir have ans input or .L1`_,Fi a n ( r SIMI .'A- work ,s d,mr as (o umhia and ",r- rk l'n'.srn,n law u h, ,ls S('n.r c n fe rr n( es! I e .,rrn fin an'.rd hs ar. r, wr ance r, 1!,TArs The pl blic and h-, aa-,u n a s I F 1 r k rhar the IcsuraI,- „mpar.s rxpecua t„ Intl erect IcdI: n whn asrrnrl the c(InfrIcIn (r rd '.r atJ. r,J1 ,nc rJL).-,n sF- r v. ~ IF It mrrt,ngs In wh;(h 1mdgts pi I'. a sir re.,. ; 'I' (l i F, r rse I'• t.I'l ! I. rv r r shI•uId make esrrs effort to ue G ! rll ni, la " r. genera' ur,setsln funds or iu obw,n ba-•r twirl rNa!'', vs,e' , r1 funding frIrn a sufii( rnt % broad spie, v.!.,n„nN Ti, tm!r' r'rrv trum ddo n ors s., th a t III (spr( rc n of h as II, I a H ',r a" I' Ir,r d „"'Il .r~,dv]nk h,,, Ivv, asolded Tra%el expI of fudges rr,,l".,rr'.,•~If•e'~rrv thouldtrpaid from grneraffun&% EYH Psir L3 • a • The I,% and Economics Cenrer of a particular cave Afier the le(ture, the Collegiality ' George Mason [a% School has been fudge wrnt to the podium to talk to judicial education conferences hale criticized for presenting a coniena- Vidal, A nrwspapei ran a front page made asignificai.tconuibuuoninpro, ore, .orporatevnented strw intended headline that read "(Judge) at benefit moting collegiality among the jud . to influence the judiciary The center for sex derendants" and printed a pic- ciary, and between judges and expem sponsors seminars for federal judges ture of the judge and Vidal The Su. in other fields, The educational ses on law and economics and on science preme judicial Court of ►fassachusetu sions of federal judges meeting in and the law it is funded by unre. held that thejudge's anendance at the small groups with d sunguished speak- stncied grams from private, noneor- lecture "created an appearance of im- en using excellent materials in pleat porate foundauons that do not paruci- propnen, bias and special influence," ant surroundings has done much to pate in litigation More than 400 To my amazement, the judge re- improve the morale of the federa' federal judges hase attended at least signed A firm sutement bs the judge bench, The judges feel pan of a disun.- onecourse that he attended the went to learn guished, educated, and motivated ' The fact that sponsorship is by an and hear the views of in eminent corps. This is not elitism. They are irn- accredited law school affords the writer, not to suppon a sid- in a legal pressed with each other and a rive to judge a buffer and assurance of in.pa:- dispute, should hale sufficed, judges enhance the work of all. State court tialin The view prosided by statistical, should not allow them ekes to be de. systems could do much to improse econometric, and utilitarian compre- nied elementary civil righm morale by stn ssing education and the hensive analysis of risks, benefits, and In general, ajudge ought to be able sense that judges are learned and sere costa provides a judge with neutral to attend any lecture or ••ubtx meet- ous students of law and society. analytical tools and skills useful in ing. The civil liberties )f judges re- Most cr.,`. sm of lush educational manv areas of the taw including tort, main in force during their tenure. setungiu,totentitled to muchweight. antitrust, and discrimination cases, Nevertheless. discretion is recom- Off-season recreational locations in The instructors are excellent teachers, mended. It apparently was the picture Florida and the Carolina are where I drawn from the test univeruties, in the newspaper as well as the fact attended classes on statistics, econom- Nauonal and local bar association that the meeting concerned a pending ics, and risk analysis. While classes we programs are also sound. Sponsorship case that caused concern in Massachu- conducted only from 8:00 ■.m. to of Judges' educational courses by nar- seta. Pending cases require special noon, with an occasional night ses- rower bar associations, such as those of sensitivity lest the judge gise the im. Lion, the readings require a great deal plaintiff or defense lawyers, is less de• preWon that his or her neutrality will of preparation-constituting the sir-able, but appropriate if the judge is be affected and have some influence equivalent of a college course In a not limited to exposure from one side, on the outcome of the case. week. Given the seriousness of the top- The thoughts of mature and expert- Even in a large sophisucated city, a ics. and the degree of preparation in- enced judges can seldom be rechan- judge might hesitate to attend a lec. volsed, these courses can hardly be neled by an instructor's bias, judges cure on homosexuality or one on abor• characterized asjunkets. should not be deterred from attend- Lion or anu-at,ortion or one on Afri Conferences and other educational ing conferences that espouse a certain can-American, Asian-American, Irish, opportunities base become especiilty viewpoint, as long a the funding and Israeli, or Palestinian rights. I would important in bringing federal judges the programs are balanced and any draw the line at listening t, . hate- together is their number has in. potenual bin is disclosed, monger of whatever color or persua- creased. When I wits first appointed to Even in what might be sieved as a lion. Yet it would be abhorrent to cen- the bench in 1967, there were a few neutral setting, a judge may be subject sure a judge for doing so. for hundred federal judges. Mott knew to criticism. The local community, for example, f had no negatise reaction each other. Today there are some religious, ethical, or other reasons, recently when a group of remale 1,000 authorized federal judges. rtaav take a narrower siew of what is judges invited a speech from a feminist judges now appear to be less liken to • appropriate for a judge, An example is who espouses what some would con- consult with each orher and to inynhe the suspension and censure of the siderextreme viewsonrestricting what themsehesinthefellowship soimpor- chief judge of the Superior Court of she concithes to be pornography Her rant to morale. Interaction at educe j Suffolk Counn. Massachusetts, for his views are strongly opposed by some tional functions.-particularly if they attendance at a public lecture bs Gore civil Lbertarians and some feminists. occur in small groups--may help say: Vidal. The lecture was held as a benefit The judge should, without being courts from the curse of bigness. Each for homosexual defendants in contro- charged with timidity, bear the sensi- large district court might well consider • versial criminal caws pending in Supe. bilities of the public In mind judges assigning one of iu judges particular rior Court, but not before the judge. need to appear neutral on current le- responsibility for setting up eduu- • • J The ticket price for the lecture ww $3. gal issues and, particularly, those with tiona) seminars and retreats as part of and iu topic was "Sex and Politics in a religious spin that seem to set people ■ comprehenslse morale program. Mauachusetta." The evidence showed off despite our vaunted constitution- At educational sessions, the inter. that the judge was not aware that this ally based predilection for absolute change in the corridors and over was a benefit meeting concerned with free speech and association. meals is exciting. No special interest 324 fsadiraru.e tbfu nr 77, ,ti'uwAn 6 MIIY-hnr799d ell #416 Z 3 assn r • Q • 0 e COnrert nte, Gar example. I met with a rep resrntat ise of the Rand Institute whose balanced and wellinfotmed views hasc prosrd valuable in ms su. pervision of the Slanstlle Asbestos •Judges should beencouraged togain asMuch general knowl"as Trust The chance to speak with emt• possible, preferably Iron sources not tainted by venal or extnsms ideo- nent scientists and scholars whom I logical views r ier would hasc met otherwise has • Too rich a salting lot conferences should be avoided, Judges should made my attendance at conferences of pay their own way for cocktails, tennis. and 90, la%%ers, judges, and scientists puucu• • Without avoiding honesb .n lull useful open-minded acquisition of knowledge, judges cannot do lose everything flouting by judges of local sensil dines by public attendance at eontrover- they read, hear, or see, but as much s'al meetings should be evaded, d possible. disclosure as is pracucabk is desired. ' In case-specific situations Judges should rely on noun staff and the fudges should open their calendars to parties and not on third persona. limned consultation with Judges on the the public so that [heir attendance at same hierarchical level is often appropriate, The badge should inform the meetings, seminars, and lectures is parties of lad discovery and fad eonaufabona outside the record. known to anyone who is interested. • Funding for educational progt.ms is critical. It should com from Any paper delivered by ajudge should sources that will not benefit from the p•Ograra. Where possible, funding be sent to the press through impartial buffs" b desirable. JudQss' sxpsnses should be paid Case-specific knowledge by neutral government bodies or educational institution. Joint meetings of judges In a pending case should not be funded by anorrisi Store care and discretion by'•idges a Disclosure of judges' participation in educational eveMS Is desirable. needs to be shown J knowledge is be. I Judges should mks their calendars available to ft neral No- ing acquired for a specific case. Here it bees of seminars and conferences ahoufdbe Qe ~lo is imporunt shat all sides be informed Pars describing else agenda pt the ed In legal Mwtpa• as soon as possible about what the , the participants, and the sponsors Meetings judge is reading, hearing, or seeing. should open to the public and praditaMre where possible. The court's primary reliance must be • An independent source for the evaluation of pee background of orga- on what lawyers in the case present. niutions running program! Judges ntped to attend is desirable. Judicial nouce can be helpful The • law dents' backgrounds should be available for those Interested. breath ofjudicial notice under the Fed- a Consultations with special masters. Rule 706 ldvissrs, and other eral Rules of Evidence is dwarfed by judges about a case should be revealed to the parties it there is any pos- "the broad specu um of concepu en• sibdrty of the information being significant. compassed in the term " Key to proper use ofjudicial nouce-+.hether - at the teal or appellate level-is in- forming the parues so that they can During the Agent Orange fairness should be on the record, correct the court's possible miwonceli hearings. I had the special master ar• Imparualit,v cannot require judges cons Care needs to be taken that both range meetings with eminent special- to stay ensconced in chambers and out sides are fully adsised, ists on matters such as carcinogens of contact with the world. It is often In the Swine Flu cases, it was known and epidemiology. The parties may useful to make site visits. For example, to Lite parties that judge Sherman G. not hose known of these meetings, but I visited the segregated schools in the Finesiher attended medical school they should have been informed in ad- Mark Twain junior High School deseg• classes for background. In the Agent nice so that they could have had the regadoncase and walked repeatedh in • Orange litigation, I have filed and opportunity to attend or provide alter- the neighborhood. I made many sisiu docketed eiervihing [ read bearing on naove expetns. While this requirement to mental institutions in the Suffolk dioxin. The judge should create a may somewhat inhibitthejudge'sfree- Counrydevefopmentalhdisabled cam, record of all material that comes to his dom, it seems essential not only to as well as to prisons and to schools m or her attention related to the facu of avoid misleading the judge, but also to otherpubtic litigation Counsel war in- a pending case. There is, however, a present public perceptions of bias. formed and often came along. limit to what can be disclosed to the Where the court needs more infor- Suffered personal contact with the • parues in pending suits 1 subscribe to mation, it should, even after submis- affected communities is some times de- , Sevnittr 4weri Should I have die lion of the case, ask the parties to rinable. In the Mark Twain case and closed that? supplement the record, preferably by the ULCO Shoreham nuclear plant :Gpulauon at the appellate level or by case, F used a special master to serve as t Kemnrin area s. err, war nsss t+maw a hearing or view with the parties both a bridge and buffer to the many 1200 toll usqu present at the trial level. Fact finding communion, individuals, and govern. c ~a#r Z~ ass o • a • ment officials affected I then held s tesufv at trial agencies Coerdinsung state and fed senes of public hearings required un- I did not attend that sacra confer eras) cues is vital, buijudgei expenses der Rule 25 of the Federal Rules of once since I was truing a case and should not be paid by litigants, Even if Crsl Procedure that led to sharpened could not get awas But what I did may both sides fund the mteungs, the pay public awareness In the DEScase I Its. have been even worse, A state judge resent could create an appearance of toned in chambers u women told of and i were attempung to settle large bias toward the lawyers affecting. at their problems Later a defense mo. numbers of asbestos cases. We had a the very least, fee decisions lion for recuul was denied priiate meeting with Dr. Irwin J Lawyers are themstists in intcres: \s'e can expect, in view of the recent Wjkoff at his hospital office to discuss group The same funding precautions Daoerr case, that Rule 706 of the Fed- the nature or his research 0 paid for should be required for lawyer-spon- eral Rules of Evidence will be relied the tai fare, the doctor served lunch.) cored functions as for those sponsored upon more frequently. Dauderr hear- He had ncier testified and would Ir any other interest group that regu- ings will be required. and a deeper asp raver ttsufy Nesertheiess. I now think larly participates in litigation judges preciabon of scienufic issues byjudges that it was a mistake not to have in- should hale expenses paid by a gos- will be expected formed all counsel in advance and, ernment fund, not the bar When I When scientific experts are ap. perhaps, to hake had a court reporter speak at a bar association conference, pointed by the court under Rule 706 present and to have put that meeting I accept out-of-pocket expenses I of the Federal Rules of Evidence, the on the record, would be happier if I could bill dose parties should be given reasonable ac. It is hard to account for the gise- expenses to the Administrative Office cess to the experts to allow them to and-take over the dinner able. One of the L'S. Courts. prepare for vial It is dangerous for judge told me about her experience in Sometimes the conelict seems Lenu- the court to rely on scienufic evidence imiung some judges of her court for ous, but it ought to be faced A pub- and not let the parties know. Where dinner with some longtime friends lishing company funded the cocktail the expert appointed under Rule 706 who were science educators. They dm party for the judges at a muluidtstrict does not testify at trial, courts base cussed scienufic proofat a philosophi- litigation meeting, The chairman an- characterized the expert's role as that cal level. Other judges on the court nounced that anyone with ethical of "technical adviser" to the court, were upset because the court was then qualms should feel free not to attend l and depositions bast not been re- dealing with scientific issues This ended up having a little bit of a qualm, quired. This distinction does not jus. seems too prissy an attitude, because 1 ate some pretzels and drink 0 withholding from the parties the As chief judge 1 invited disarm a Diet Coke. The issue should be opportunity for full access to the ex• guished visitors from academia and avoided. The judges could pay for the pert and his or her data and repots. abroad to address the judges and law gathering as part of their meal costs The "technical adviser" may have clerks at brown bag lunches. The see reimbursable from federal funds, some influence on Or tour sions were open to the bar, and a no- Judges should be impartial and un- A recent ruling of the L', S, Court of uct was posted in the clerk's office, As biased and appear to be so to reason Appeals for the Third Circuit illus. with any judicial seminars, it would able people. Two different mcdels Crates the seriousness with which a seem useful to nouh the press. achieve these goals. The first judges judge's outside contacts with the facts living in a hermetically sealed tower of a case can be treated r A judge. Funding with no outside influences of ans while presiding over a national class Funding issues are parucularir sensi- kind-is unrealistic and unwise. That asbestos matter, attended a confer- use for cm-specific educational pro- leasesuswithasecond model-judges ence at which experu discussed the grams Expenses ofstatejudgesincon- who require contact with aconstandv latest scientific discoseries about as- nection with the Sute Court Mau Tort changing Teal world. Some limits and bestos Many of the experts there were Litigation Committee have been paid caveats, such as the ones 1 have of- scheduled to testiS in the case before by the National Center for State fered, are required to give the parties a • him. Thir judge apparenth had forgot- Couru and the Suite Jusuce lnsutute, fair opportunity to meet the judges' ten that plainuffs had funded the con- with federal monies. possible misperceptions and to assure ference and that he had approved the In the breast implant cases, the it- the public of an unbiased and fair. Lase of $50,000 from a settlement fund torneys for the plaintiffs and defen- minded judiciary. to pay for it. The Third Circuit re- danu voluntarily provided a fund of quired the judge to disqualify himself $50,000 to pay expenses of some of the Speaking because his impartiality mightbeques. state trialjudgeswhotraseledtomeet- On matters ofproceduralandesi- • tioned. The decision was based on the ings with the federal judge assigned to denuary law reform, judges have in combination of circumstances The the case, and to coordinate discovery ethical obligation to speak. Although • • judge attended a conference spore and pretrial control. The federiljudge the question of what sludge may say or cored indirectly out of funds he con- used federal sources for his own ex- write publicly about the law or a Pend. trolled, his expenses were defrayed in peri Some of the state judges' ex. pert out of that same fund, and he had penses were paid by federal money tn re $adAaataauteuon.ssr a 1e tat is "preview" of witnesses who were to expended through state disbursing Isis ar 1"11- 526 fudiraturt ko&me 77, Nuxtder6 Marfuiu,1994 61 * Z • 0 • 0 • ing cast is complrs, the br,-adrst fret. dom should be afforded In one case, the Second Circuit proper]) refused to reserve on the ground of failure to recusee in a RICO case where the trial "MEN" judge had lectured to members of the a A judge should fee; free to speak to any group on any subject related Organized Cnme Task Force, the Prac• to procedure of court administraW. citing Law Institute for Criminal De- a On mailers of more general interest, in a neutral "ding ouch as a law fe nse Law, a rs, and the New fork sch0ot, par association, of house of worship, any view on any subject no Council of Aefense hw,rrs t She had matter how controversial-abortion, family or community values, drug b,hnced her appearances, but even abuse, or wenare reform -is acceptable. h.. she not the court was on sound a Some degree of S ideation of know] ground when it noted the lectures ~ edge and objective "at- ground commendable. A reasonable per. hip should be Shown so n is clear Mat tin;nlormed prejudice is not at son knowing all the facts would not work question the judge's impartiality, a In panes 1. wrifinQS--pubiishodopinion A. article s, and books--are the Similarly, a Washington state appel• safest way to make general views known to the public. late tribunal refused to disquahfy one a Care must be taken with N or radio since often the guest's lhoughls of its judges from a panel hearing a are distorted and cut 011. A parse) Of fudges with a responsible interviewer child abuse case because she had lec• oNers Some protection against abuse cured to sanous groups on how chili a In cases actually pending, the opinion and public court hearing repre• dren could be prepared for tesuhing sent the safest course for making views knowm at trial "The peopie of this state," the s Mare may bo emergencies as in public school or not uses where an court wrote, "will be best served by a appeal b the public and espisnabon to desirable A special master and legal system which encourages judges sensible pudic officials as wen as responsible members of ifse press are to enhance their own and others' useful vehicles for eommunieatingcourt views toMepublic. awareness of legal issues and develop their *Whores court writes a sharp opinion based on the facts, N is wr thei legal knowledge and skills."` 0^g to When the talk relates to a pending censure the fudge by forting tecusal. case, more discretion needs to be exer• a Unless k is clear that fairness is YnpossibN, Judges V ttld not be j eised, A judge suggested at a meeting muzzled from plainly describing what toy see before them, of plaintiffs' vial Ia%)em that some de. e A Judge can think any thoughts. no rnatter how extraordinary others fense lawyers were "stretching the may characterize them. It they are expressed, they should be couched in truth" in the context of a suit against tones suitable to the occasion and audience. General Motors that imrohed allega• Lions of document destruction. He sensibh turned the cue over to an. other Judge. here, I hale some in my wallet" to say precisely what one wants to Even humor needs to be controlled. In a speech, OK In an opinion, no. communicate is too Basil% thwarted 1 recenQy wrote an opinion about a One judge's discussion of the anti. and distorted, tetevision company taking unautho- abortion cisil disobedience cases he %'hat of general statements, such as razed pictures of a house entered by wait vying presents serious issues The Justice Harry Blackmun's on a T' federal officials wish a warrant. 1 had judge appeared on N to explain why show and in a dissent about opposing the perfect joke to butueu the point he had held aUortion protesters in apical punishment? This was apps that a picture has qualities and impor• contempt for blocking access to abor• poste as part of a great ongoing its • =cc ddTerent from the scene or per. lion clinics and refusing to obey his Donal debate. So, too, are the state- son "captured" (the word is telling) orders to desist He had remarked, as menu of the chief justice and the on film reported in the press, that anyone do judicial Conference on the folly of A grandparent is wheeling an infant ing that "had better bring his tooth- minimum sentences and over-federal. grandchild. A passerby looks into the brush." These public appearances and icing crimes. carnage and sags, "Nhat a beautiful statements regarding a case pending On a more private level, it is accept- baby." before the judge led to a successful able for judges to disc4rrwiLh students • •'That'snothing,"sapthegrandpar• motion to recuse. The problem is current cases upart of ateaching pro. ' • • enL "You should see the photographs. subtle, Thee are occasions when a gram, much as grand rounds are judge is well advised to alert people at treated in medical training. Here, a s L' S e Pion. a ► sd 614 its cr Laalr Iarge In public litigation or mass torn good deal of candor not appropriate a %'uh,n/raa v Carlwa, ass p le 469, 665 to the issues In order to avoid unaeces• for general audiences Is reccut ry. I (%wh Cc App 1"2. Sir dr c 1 e Doneii tensions. Television is a medium I wave used the technique over many IF le IMa L' S App Lesis 4511 1" Cr airy wens c. ttgs) would tend to eschew sin,:e the ability yeah In teaching. Students regularh 2 3 32%, E~ N 4r A • e • c> • come to ms courvoom, they then dos. Frank pah fi put it "Impartuliiv is not I do not wish to suggest that rsrrs cum what they hale observed with the gu;Irbdin Dismitrrvuednem dots not reiersal conswutes a matter of prin. judge and attornetis mean childlike innocence If the judje cipled conflict betwern a trial judge did not form judgements of the anon in There is no need, in principle, to those courthouse dramas called unals, he and an appellate panel. Every judge exclude speeches before nonpolitical could nesrr render decisions" commits errors. In only a small per. partisan audiences, Thus, I think jug tentage of cases is there nen a basis lice Clarence Thomas%xi unjusufiably Acting for dusagseement among trial and ap• enticued by The New 4orltrfor appear. In view of our senior fudge status, pellate judges on the outcome. Often. ing before conserva6c groups to indi- judge Knapp and I wrrejustified in re- when there is a difference of opinion, cate his views on matters such as quo fusing minor drug cases and explain- either slew is accepuble, certainty and us. The confirmation debate is oser ing our reasons Reporu of the De- predictabdm is what nervone wanu jusuce Thomas is entided to the same partment of justice itself has a Sometimes a specific cam insohes dil. freedom as otherjumtes. If, hke them, demonstrated that current sentencing feiences of empatlt) or experience af. he should deliver a lecture, publish a practices are desvuting to minor par- fecting but a few parties then before law review article,or write a book or an tscipanu in crimes and to the criminal the court, rather than any principle. op-ed piece, it could help the nation. justice s)stem judges should not I shall not detail cases in which teal Freedom ofeapretoon abo extends to shrink from unpleasant duties, but if a judges, bs opinions and orders, delib. trial judges. f ow. therefore, somewhat judge believes he or the is called upon Mich tried to work their was around saddened when Chief justice Rehnquist, to commit an act crossing the line of and through appellate decisions the in aspeech to federal judges. upbraided morality and decency, colleagues trial judges thought set the law on a judge %`h unan Knapp and me for ex. should respect that view wrong course. It is enough toproside a pressing our reasons for not taking mi- The silence, acquiescence, and ac- few illustrations nordrv=cases (Ina subsequent letter to tntparticipation ofNazijudges inthe The Second Circuit ruled, on the judge Knapp. the chief jusdce indicated gravest injustices is a reminder that basis of a Learned Hand opinion, that he ha3 not been awwe that wt were rely dun to decide in accordance with suit- it trialjudge should not dismiss a mmi- l ing on our senior status right to select uses has its horns Fortunatel), we have nal case if a reasonable juror could cases) I later learned that many other never approached that point in this find the defendant guilty bya prepon. seniorfederaljudges had taken the same country Nevertheless, in our democ• derance of the evidence, but not be. position as we did. Perhaps the chief jus• raq the people hire a right to be ad• yond a reasonable doubt. Plain!v tice thought that announcing our re. vised that there ma) be hypocrisy and wrong, the court corrected this rule fti;al to take these rasa was not speech, waste of lists and money in, for ex. )tars later.' In the interim, a number but an act, a eategor)1 address below. ample, much of our senuncing and of trial judges declared that the Hand When the judge's statement is made drug laws judges whose the nstem in position was wrong. More trial judges, in the course of an opinion, based on operation hair an obligation to advise I believe, based on conversations it an anahsis of fact and law, the broad- the public of the facts then observe. the time, just ignored the preponder. est d screuon in tone and language Mostacdoriappellatejuages take ante rule and applied the more pnn. should be allowed 1 was distressed, the form of dissents and concurrences, cipledbey^ond-a•reasonable doubt test. therefore, that a federal thaljudge was A trial judge has a special responsibil• The view that courts of appeals forced off the cigarette cases because in, equiialent to a dissent at the appel. could tell a teal court that a particular he had robusds suied hisview in opin- late Inel, to move the law in a direction judge should not preside oser a case ion that the cigarette companies were he or she has concluded is sound in the on remand created problems A firm covering up evidence of tobacco's light of statutes, principle, and prece• trial cour.view that .s WaswTOtsg.ex- harmfulness.' dent This can normally be accom• pressed directly in consersations with The Supreme Court majority was, in plished b) meticulous fact finding and appOlate judges, by court rules, and in my opinion, sound in Its recent opin• persuasive opinion writing. As one an article has generally moderated the • ion in Wrk7 u Visited Stoats,' a criminal court of appeals judge told a trial earlier appellate practice that now trial suffused with political osenones judge, A had decided to reverse unt) I generiolh conforms to trial court views. of El Sah-ador The Coun noted read your opinion,"a commendable i1- Opposition to Rule I1 of the Rules lustntion of open-mindedness Even of Civil Procedure expressed by mans The judge who presides at a trial mar where it is clear that the appellate trial judges before it was adopted and upon completion of the evidence, be ex. ceedsngn Ul disposed towards the defen• courts..-particularly panels of an inter- in opinions and wTi6ngs led to a series dart, who his been shown to be a thor• mediate appellate court-are going in of disagreements across the country. O oughly reprehensible person, But the a different direction, the vial judge Ultimately the "powers that be" rec. • judge is not thereby recumble for"or must be true to an inner core of re. ognized what most trial judges saw at prejudice, since his knowledge and the sponsibiGn by risking, even courting, the outset-this unnecessuf punitise opinion it produced were property and reversal in order to ensure that the a nectuanty acquired in the course of the P proceedings, and tie indeed sometimes petlate courts, the bar, academia, and s sra+na . ni croup, Ina ,its rid $t. A it W in a bench trial) necessary to temple- the public are fullyawue that there is a 6 t• 13d Gr I/4 I'6 sus s u 1147 itsyct non of the judge's tast As judge Jerome strong opposing via. T es r Tailor, . stM t!e tee eta Or tsst. yqg firdiewwn {blunt 77, Nu aber 6 MaTfune 1991 n~ 17 Ti • Q • • approi,h exacerbated disputes in the profess( n and added to costs and de, lass wuh little benefit. Rule amend- ments hate now pulled the teeth of SEMEN= this ili-conceited rule. In the sentencing area, federal tnal A trial judge has the obligation in opinions and decisions to follow the judges are constrained by a guidelines law as he or she fairly Interprets it in the light of slatules and precedents. regime that-as interpreted by the • When the rule, as previously stated, is unsound. the judge should say courts of appeals throughout the so aid explain why. country-has perverted a sensible and • Where the precedents and statutes can be construed to obtain a prim- attracusr idea to assistjudges in atard• copied just resuM, that should be accomplshed, forcefully, by orders and ing unnecessary divergences in sen. rulings, thus bringing the matter to appellate and legislative attention. it is tenting into an unnecessarily cruel procrustean bed. 1landuory mini- appropriate to avoid reversals in order to minimize costs to the parties, mum sentences are strongly opposed but not to avoid bruising the trial judge's "co. b) the Judicial Conference and almost ' In the use of a dear mandale from an upper court in a particular every judge. Federal courts have case, the trial judge has no alternative but to comply. helped cause the instem's near break- • Senior status offers the advantage of permitting the judge to refuse to down by what some think are it]. accept cases where his or her serse of injustice is offended by ruling law. considered and unnecessary deci- A public statement of reasons is appropriate l sions The Second Circuit has, to its credit. moved farther than most of the nauon towards a more sensible discre- tionary approach. There are, of course, limits If the books and articles on matt sort. Of Many trial judges are engaged in a teal court can find no reasoned sea) to course, almost all judges would agree dialogue with courts of appeals about distinguish precedents, acquiescence that it would be better to have the leg- sentencing, For example, the appeals in the courtroom and resort to speak. islatures address these issues rather courts have ruled that a preponder• ing and writing is required, For ex- than the court ance standard applies in determining ample, the Second Circuit has recently If a specific appel!ate court mandate facts in a Faticohearing that may result ruled in some mass tortcaws, contrary in a parucular case requires an act, the in many more years in prison, Trial to the view of some trial judges, that lower court judge has no ■lternause judges, a surer shows, apply a more earl consolidation and court control, but to follow the order. Recendv, a sensible sliding scale that goes up to together with expedited development court of appeals panel ordered the beyond-a-reasonable doubt on sets. of basic scientific knowledge. n unao- tnaljudge to increase the sentence c' fencing issues. cepuble. It has also rejected the con. a young mother of three small chit. Much more can be done by the clusion that a non-opt-out Rule dren, who was a peripheral and minor courts to improve sentencing even un• 29ib1(1)IBI widement is preferable figure in a drug deal, to 10 years in der present statutes. For example, the in some cases to bankruptcy. This view prison with no parole. Esen the prcr ruling statutes can readily be inter. wemslargeh predicalcdon theunfair• ecuior was upset. She offered, after preted to permit trial courts to treat nets to defendants of raising the ante winning the appeal, to stipulate to a the guidelines as onh one of the sutu- so that widements are forced on them lower sentence. The trial judge ex. Cory factors-such as incapacitation, in order to avoid huge risks and tram plained to her that his hands were 1 specific or general deterrence, or re- actional costs, tied. All he could do was postpone the habilitation-as a basis for sentencing, Room for a difference of opinion sentence and suggest that the parties The almost-total abandonment by the exists. Critical matters such as commu• could seek recall and amendment of courts of appeals of meta rea and len- nication with claimants, control of the mandate by the court of appeals. ity in interpreting minimum sentence fees, fair settlements, and the like. The waged) of the case was that ap• surutory provisions is both unsound some b!liete, can be better supervised plicauon of long-accepted principles and unnece: vary by a trial judge in a class action. Such of mens rem, lenity, parsimony of pun- Trial judges have an obligation to supervision, arguably, her been more ishment, and the presumption of fact. keep up she pressure for sound inter. effective in consolidations and in class finding accuracy by the trial judge preuuon when they see grave and un• actions. Bankruptcies are expensive could have avoided this harshness, If • necessary injustices. Occasionally, they and awkward. The) sometimes cad to there Is nochange in the mandate, the 0 • will be reversed in a harsh opinion, but heavy costs on industry and com• trial judge will do as he was ordered. That possible slight to their egos merce, huge legal fees and other andjusucewill weep. should not be permitted to inhibit transactional costs, and a series of urn them, Judges must use their indepero related funds independently adminis. JACKt wEIW$rfavis asolmowAgpaan ft dente to help ensure a fair and eBec• tarred with much duplication of costs. U S Odind Coon kr ft Emanm District N tive system ofjustice. These issues are now being debated in Now Y04 ex~1b,r 7.3 S29 Ix a • • l i ' r Denton Police Department 221 N ELM (DENTON,TEXAS 76201 Apnl 14. 1993 The Honorable Sandra H. Whir 215 E. McKinney Street Nnton, TX 76201 Dear Judge White, on behalf of the Denton Police Reserve, I would like to extend our sincere thanks for your participation in our January training meeting. We are cognizant that your time is valuable, and we consider your presence an honor. Finally, we appreciate your input in helping us understand the court process more clearly. Thank you very much, V ty you An Behrens, Chief • Denton Police Reserve tcc: Lt. Paul Abbott Denton Police Department • , • • METRO 04.2520 617 566-0t81 i 1 ctrl loo 010 Zs • ,i _ , ~~e ~ ~A~~~,,.~i .1''1j.':. • • THAT WAS THE WEEK THAT WAS... LLOYD HARRELL, CITY MANAGER MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 16, 1994 SUBJECT: THAT WAS THE WEEK THAT WAS 37/94 Everyone on this end of the process is extremely happy that the budget considerations have concluded. As is normally the case, staff appreciates our excellent City Council more at budget time than at any other time of the year, While other cities recite their 'horror stories,' the Denton budget process is characterized by a mutual appreciation for roles which all parties play, and the rospect shown to all municipal officials. For all of this, Council deserves our upmost congratulations and appreciation. Lof regard, please note ~ very kind letter which was directed to me. ly, the proper recipients of this expression should be the Council, and I knew uld went to learn of Eve's deep appreciation for your budget actions. f officials have been working very hard to alleviate the parking problems ed with the Denton Municipal Complex. Two officials • Betty McKean and White - deserve special recognition for this undertaking. s been attempting to coordinate some short term adjustments in parking to odate all of the individuals conducting college and city business. In addition, been working on some other long term solutions which would include g more parking spaces in the area. EXH l ('~,i Z3 . ~ a8 • o • •2• For some background information, I have attached copies of a current parking survey which has been done within the last couple of weeks. That survey shows that currently there are some 316 parking spaces in the DMC area and for only a few hours each day does the demand for spaces exceed the supply. Nevertheless, occasionally, there is a problem and more spaces should be provided. As noted, we are looking at several alternatives including the possible closure of Railroad Avenue and the acquisition of additional property in the area. Within the next few weeks, we should be back to the Council with some recommendations. Also, please note Sandra White's memorandum to Betty regarding adjustments which she is making to the jury selection process in order to help with the parking situation. These adjustments will provide major relief, and Sandra needs to be congratulated for displaying the flexibility needed to help with this situation. This accommodation has made her job, as well as the job of the Court Clerks, more difficult, but the and result witl be more convenience for our customers. We will continue to work on this situation, and I am sure it will be behind us in the not too distant future. On the personnel front, I have attached a copy of a memorandum prepared by Betty McKean regarding Rich Dlugss' departure from the city. Rich has done a quality job for the city and will be missed. In addition, Frank Robbins reports that Debra Goodwin, on his Planning staff, will be leaving in the next few weeks to assume the position of Planning Director for the City of New Braunfels. It is nice to see these young professionals advance but it will require some major efforts on this and to replace th+s lost talent. I know you join me in wishing both of these professionals the best of luck as they advance in their careers. Please see attached Tom Klinck's memorandum regarding the Harris Methodist health insurance program. This Information responds to some questions raised by the Council during the budget process. Janet Simpson has provided some more Information regarding the Fridiy Nile Live program being held in the Civic Center. The program continues to get good reviews and provides some very wholesome activities for some of our young people. • Two notices are attached, one regarding the upcoming visioning meetings and the other announcing our open house which will be held on October the 20th. Hopefully, ' your calendars will permit your attendance at these events. LThe attachment is from Rick and provides a status report concerning our various rojects. If you have any questions about this, please feel free to give nim a • • • 23 I 1 1 r i E XH r3~ r z3 P . 3v f n 'vt, 6<<,,- 07~iL. / i 7Il /7svaw~+~. lis4~lLl~I LK// 7'444: 4JO,, sc, xrow4p .r .rceu4We. z Ia. eo0wne w.wr d -~y .fit' not, Ao*ll t4T • ~Xf¢//3ii 23 R. I A 1 1 p ..~.c... ..~..w,vx~rewr .a.awawwtwrt;+.migYy~4iae~RGC!; P U-9 Lj) Dory of DENIM, TEXAS MUNICIPAL BUILDING 2?SE McKINNEY DENTON, TEXAS 76101 MEMORANDUM DATE: June 1, 1993 TO: -Sandra M. WhiteI Municipal Judge Tanya Cooper, Assistant City Attorney FROM: Frank Robbins, Executive Director of Planning and Development SUBJECT: Enforcement Thanks a lot! I sincerely appreciate your help and the information that you gave to concerning code enforcement procedures and effectively aligning them with the prosecution and judicial process. We look forward to the classes for our code enforcement folks. rank obbins FR:lah pc: Debra A. Drayovitch City Attorney Lloyd V. Harrell, City Manager • • EXh23 r AnDO393 p 3'z $17 $66.8200 D FWmETRO 43tIS29 • • ~ _ •W0. ~)~r~ ~ 1 4V• • r~ r....~~ d :-t w rJ.Y Il`,~,'.'~r..M~'"~TtPlll~tt'1~~; ~ w' y y 1 a t o Y I ~V ~~l A J s\~ e, • T~ r.. {y 'llr i 5~ r~ PHILIPS ~c TIOPKINS r 1,.)rl\\I"'AL rON rrM•t I 4\ AriON lr5 At LA% tllrcal L.r••5n ILar~ Inert. 5.M1! n.•... 15A. • . C4 7OU W-Ok;%7 S'LL.AWIr 104 • ryl.p llr;, CIA, t 'mil L'~ w UJU, [4-1 A 00.5 ksli: June 28, 1999 Judge Sandra White Denton Municipal Court 215 E. McKinney Denton, Tx 75201 Dear Judge White, Appearing in court today on my traffic ticket reminded me to do something i have intended to do for quite a while. Since I now have no matters pending before you, I feel free to write this letter. in the times I have been in your co-arc, you have been courteous, understanding, efficient and knowledgeable. I know, from talking with other attorneys and members of the community, that yep enjoy a fire reputation. for cne, appreciate the -anner in which you have conducted yo.r court the times I've been :here and, generally, appreciate the good job y_u are doing. I :know public officials, including judges, do not hear many Fositive things, I wanted to cake the opportunity to give you some resitive feedback. As a citizen of centon, thank you for doing a good :cb. Sinter yours. Miller David MD;sg VAM mum E~Ch~h~ r 23 IN 29 a 33 ;R, of DM10A uric Coup i O~nl, r1a,041 % • _ p • r j i 'rHC3HAS F. WARNER ATTORNEY AND COUNSELOR AT LAW 1502 STAGECOACH DRIVE METRO 469-7707 ARLINGTON, TEXAS 76013 HOURS 8:30-5:30 I March 9, 1994 Judge White L Staff 215 E. McKinney Street Denton, Texas 76201 ii !I Dear Judge white: llllly I would like say that I enjoyed talking with you and your staff yesterday in Court. 1 had a really dreary drive from Arlington, but you all made it a very pleasant Court appearance. I am looking forward to the Seminar in South j padre this summer and hope to visit again with you then. i I I Stephanie, it seems that you all work very well together and your move from Johnson County is a good one. I look forward to working with you again very soon. Kim, 1 do slot of my dealings with the clerks of the Court and I am happy to find that you will be great to work with. + I will look forward to seeing you all soon in the new facility. Thanks again and have a great day. I Since y, f I Thomas F. Varner Attorney at Law i i IfiffilL I-V Al b1r 23 I 40M CRY sl ~++~w • ~ p • j ' f v r..rl+:r n,c!w'~EM.x1F1•~A4'sMJ1., -BRACEWELL CY PATTENSON. L L P. • IIOIIit{JD LINITI{ LUIt0ty /.Lr•IIIiI/ NCO CCw.1[{! I.t NC '100 ATtuar[n iT LAv Ausliw ri Ia101 i0U Vs IV$ P"O {ON1M rOW to iLwwiO4 ALACC L'wCOL-'LAJ• {0CALL A{ T, iW*i JJa 00 fil LOUIS APIA IT {rL i{00 tiA LO .000 HOUSTON TF 77002.2181 1000 !II[LI MW NL 100 V,3 tJI 1100 Wiln~wOTOw OG 9000{"{ft ' tot ate ${00 Iii flJ at, It~t ♦J {100i !T LOwDii i. JI{L))10 c,rr. r_0.w•L !L July 19, 1994 The Honorable Sandra White 215 East McKinney Denton, Texas 76201 Re: Citation for Public Intoxication , Charles W. Neuhaus Ticket No. 326279 Dear Judge White: I represent Charles W. Neuhaus. Please consider this letter as entering a plea of no contest for the child. I do request deferred adjudication. I have spoken with your courteous and extremely efficient secretary, Kay McSpadden. Ms. McSpadden has informed me that this letter will suffice as the plea of no contest and a request for deferred adjudication. It is my understanding that you will enter a deferred adjudication order setting forth certain requirements and return it to me by return mail. I will furnish the order to the children and inform them of its requirements. I very much appreciate your help and the courtesies extended to me by your staff. Very try~ly yours, B(ace 1 i P t son, L.L.P. J. Cl et I • JCG/bl-t 6l,'tlTiC ~PERf\~E2f0{Al 1A~lA MW . • 2 1 1998 EDento lu*Irq,-l rn.,n n .Ey hi b l 7-23 CAn h tr!n`, p• 3s • !•,l1rIC `A • 0 e • ........r.. w..r.,w.....y.rR'r.~t`a. .fT^wrF~•w:,m nrw FUCA`/ F I IN(.ti e • 786124 • ' }►~Z~r.'., e ~ o t6t a»6z : • 1ST 74S-2N r • _ O • I • 'Yee Q 04 r4l- "c C r ~-r M 1~r~y 1 \ S t,~~~ "1 IN t , 0. ADl ~.yl(l1 4 4. L y~ • ~~i~tl '~~r~ i~ ``~i Ata:l X11 c~ car 'I YXV dii 110-d fo 4% i 44 ..e .~~_.r~_ -rrw~WrY ,y_^yr....,...__._~_~. . ! ~7.,. tf 7.• ' i-I! • • , 1 !OF y • • r ' RA V V. HUNT 1 o1we". rtxm 76M l dy a QCs, 'JS oil- t 4-1 u11 J5`a c~'~j Mrusd- FC t-. Nc; rf / ( l ..t~~/ti ~1t~ ~ ~ t l~~ I L~~-L'-~ ~ ~~-y"~....k ~,,••T ,C..{~ N-ro • j DANIEL FRANKLIN ROUTE 1 BOX 7S C AUDREY, TEXAS 76227 CITY OF DENTON MUNICIPAL COURT 21S EAST MCKINNEY STREET P.O. SOX 1426 DENTON, TEXAS 76202-1426 DOCKET NUMBER 92-00070834 DATE March 4, 1993 THE HONORABLE SANDRA UNITE, I called your office to inquire about my [star dated the 23rd of January 1993 requesting you tC reinstate my payment plan. 1 do not know Kim's last name but she Informed me that you did reinstate ■y case. I a■ eand)ng another payment for the 16th of March 1993 In the amount of 020.00. M.O. number T-089832810-1 I just wanted to add this statement thanking you and your staff for the compassion you have shown ■e. Most of the time you hear the oomplaints and the anger from the rank and file. I a■ not saying this because of the way you have treated as. I sat In your court and I sat in awe. You are refreshing. The way you can be firm In upholiing the law. Compassionate, seeing threw the bravado of those who were transparent. Understanding to those who needed guidance. You floored me when you handled the afrogance of the hispanic$ c I as half Mexican ) that appeared before you not knowing you understand and speak spanlsh fluently. I sdelre you ■nd know you have a fantastic future In what ever you do. sincerely V)INIFL FRANKLIN • . • FILED - r MAR 09 1993 ~ ~n ~ 3 ~ y ~ CITY OF DENTON MUNICIPAL COURT QfQEQE • O t cowwrwIAL CITY of DENTON, TEXAS DEVON MUNICIPAL COMPLEX @ 601 E HICKORY SUITE A@ DEN TON. TEXAS 18171666-8340 • DPW METRO 434 CONFIDENTIAL MEMORANDUM To: Sandra White - Municipal Judge From: Tom Klinck - Director of Human Resources Date: December 9, 1994 Skbject: Salary Survey Information - City Council Enclosed you will find salary survey information requested by the Mayor and provided to the Mayor and City Council for discussions on December 13, 1994. The salary survey has been updated to reflect current cities and compensation items pertinent to your position and in j keeping with the City Council adopted market survey philosophy. Please let me know if you have a question or a particular point clarified. Thank you. J/~L - I Thomas W. Klinck • tkme9455.tk 12/1/94 • 9vthibIr 2-3 ' • /10. `/a "Dedicated to Qualin Semice" L'( ~ Y • - p s • 96MJSAL.VWI CITY OF DENTON 1?A16194 MUNICIPAL JUDGE 1994796 COMPENSATION SURVEY Isaw" OPERATM1G POPULA SALARY CAN aALARYAND EFEFWWD ~ BUDGET ALLOW CAR ALLOWANIM CMW _ oenam ,as,aes~sa. _ 674" $410,261 _ _2411 02? -4x84& SURVEY BUDGM •_AL ARY CaIR - QOw 00 ODItP Arbnpbn WfflSW670 274.877 680,708 $900 884,806 $ 2Judyn Ca mIM $78,982.336 87,273 $67,200 11,600 682900 bb 1 FT; 2 PT rn Garland 177,947 168,600 $61.147 $61,147 $0 1 FTJ06V Grand Rairb $$2,619.640 102,667 $68.m $1,600 $68,272 $0 1 FT Judge Grapevine $8.000.000 32,200 I FT Judge . Groomme $49,700,000 24,600 1 PT Judge rvNp 141,930.946 1WI00 $74.004 $,900 $78,204 $0 1 PJ; 1 Aaeoo. LembvSs 837,700.000 60.000 Canemkond -jN ~j Mepupe $80.97.7,464 108,000 302.472 $82,472 80 1 FT Judge O Plano 160.$66.000 168.000 (66.060 $66.080 $0 1 FT; 2 Oontao Aeeoo. N RlaMrdeon 883,466.$67 70,000 Contact Judge Tempie $46,076,480 46.106 1 PTJudpa • 100 1 1 dl 881 AVEMOM eALANY00MPA~] t#A!/W1r/1r3CJw"- 111„~i t~Aw `ll oer~+Nto ~rooMrAw~LL TOTAL AVG MKT TOTAL AVG MKT $61,083 TOTAL A C MP $81.889 COMPENSATION $6.712 OOMPENSATION • CITY OF DEMON 168,261 CITY OF DENTON $68,261 CfTYOF DEMON 116e,bo1 • ENT TO F JICH Y ADJUSTMENT TO REACH AW TO REAC" T AVERAGE MAMET AVERAGE MKT Ain 6.44 E 4ARKM~ -4djww anousny boned on salary and ear ellovenae FT - Fub-tine PT - Part-lkns PJ - Residing Judge • ra • CITY of DENTON, TEXAS MUNVPAL BUlMNG / 215E McKINNEY / DENTON, TEXAS 76201 CONFIDENTIAL MEMORANDUM DATE: February 11, 1994 TO: Sandra White, Municipal Judge FROM: Thomas W. Klinck, Director Human Resources SUBJECT: 1993/1994 Compensation - Municipal Judge Sandra, this memorandum is to provide clarification on changes to your compensation for the 1993/94 budget year, as authorized by the City Council effective April 15, 1994, and as you have directed. As you know, the Council authorized a 7.51 pay adjustment for the Municipal Judge effective April 15, 1994, making your new base annual income $51,450 (per attached minutes). Your car allowance was not included in the increase approved by council. However, you have directed us to discontinue your car allowance and roll the $2,400 car allowance into your base pay effective April 15, 1994. Thus, your hourly rate will be $25.89. The hourly rate multiplied by 2080 hours per year makes your actual adjusted annual rate as follows: Annual Salary: $51,451.20." Annual Car Allow.': 2.400.00 Annual Compensation: $53,851.20 'Effective April 15, 1994, car allowance will cease, wit:i the total amount applied to the hourly rate. You will receive a car allowance payment of $100.00, which will reflect the period of April 1-14. "Increased for hourly rate computation in payroll system. • In addition, the Council auth,~rized the annual 41 city contribution to your deferred compensation program. We have prepared the appropriate ICMA Deferred Compensation documents to equal $2,154.05 (less applicable FICA taxes - $164.78), totaling $1,989.27 employer paid contribution to your program effective April 15, 1994 (and, in turn, to stop it). This payment by the City will come from the appropriate account and is to be wire transferred to ICMA • Retirement CorVAration with the first wire transfer after Aoril 15, • • 1994 (April 22 payroll ending date). Please review the ICMA Deferred Compensation document, complete or chan7e items needed, sign, date, and return by February 25, 1994. EY416 r 2-.3 rC~ 4 • - 4a • '.:Y --Il, wp:'I t..-1•a: 1✓I w l a, 1 11.4 ~J~f 1 M OB ,2d 10 l ~b 10 bl 6e SA n11lTE . WRA .Q.l ,C111r TX 752at 2l♦ ela 3485 P. O. Box 8?rOJS4 DALLAS/ nt.cl•c, .e•.,t,o. .,u _ u.r 11 tn.cla•.anu._ HJ 3112 CAP..OLL CIRCLE GLEN WHITE 5023 21 638 34 04 3112 CARROLL. CIRCLE PLAN01 Tx7• III 41 ~ q.• all" fR Y•1 .1 w ec 1.11,1 W, Sam 136 1 1 1 001 100186 ~O1 A 1 0005 005 JL10 100 A Y,,., PM r.. 1'V .00.• _ •••''•1840160 cow M 13 OOL92 0'3 ~ uKl w1 /'J, 0.•1 K•• R 1.9 q,r g ..r Al loll L.i.By 111110-i 010192 JOOD00 -~'1"'"a'~ s 7.51 pay Increase - Total annual compensati. authorized by City Council effective 4r15194 1•/i1t w,l ,a n I.1 f... r. 1 - 151.851.20 0050 00 20 0323 87 1» i3 41 Deferred Compensation authorized by City Council effective 4111194 - 12,154,05 *Car allowance discontinued and value 1010 a^ at included in base salary effective 4115194 Tx 0830 0100. 8023 11 0003 per instructions. III •.501 . mn 1. •,oa, 1~ . woRK wsTOPr ~ rl pllp A IYI Yt YY f'1• Mos O1 005 JC30 100 ~p f0 :11489 3 H ' 003 005 JC30 100 1 12;01.89 3 2011400 001 003 JC30 !00 1 01 89 3 H 21. 1600 OOS JC30 !00 2 10 0; 101 80 3 M 2111600 A ~ 0L V S L 0005 001 10 5 13 ' ' 14 O3;-- 3 H 21.1600' R Ol 0 5 3 0003 001 005 JC•30 0 1S 12 01:90 H 21.L6001 R 01 0 S 1 0005 001 003 JC30 103 1 16 01 01;93 3 H 21.6100 R 01 0 S 1 0005 001 005 JC30 IOC 9 17 12 ;26;91 3 H 21.63001 0 • 1 1s 01 '01 ;92 3 H 22.3000` f a1 03 V S 1 0005 001 OOS X30 100 i t 19 O 1 ;13 ; 92 3 H 2213040 k 01 V S 1 OOOS 001 005 X30 100 f 01 :01 ; 92 3 K 2213000~ JR 2O Ol 0 S l 04:05 OOL 005 JL10 100 21 08 1 ;02 3 H 22.3000 o1 V A 1 DOJS 041 403 JL10 0005 001 005 JLIO 22 02:06;9 3 H 221!000 o= A / 0005 001 005 JL10 100 I LS 23 02;01'33 3 H 2213000 jc r /U b / Of z,3 • s , • r ' City of Denton city council minutes December 21, 1993 Page 13 14. The following was formal action taken on Executive Session items considered during the Work Session: Brock motioned, Perry seconded to raise the salaries of the three employees hired directly by the City council in the following amounts: the Municipal Judge would receive a basic salary of $51,450; the City Attorney would receive a basic salary of $75,620; and the City manager would receive a basic salary of $98,384. These recommendations followed the guidelines of the Mercer plan based on the high evaluations of these employees. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting wa3 adjourned at 7:SS p.m. A a L~~- BO CASTLEBERRY, MAY CITY OF DENTON, T7 J NI E WAITERS Y S ETARY C TY OF DENTON, TEXAS ACC0017F i Xh~ hi 23 0 ' ti!r.7 w ~~'#Z G1f/'4}i{' Jim' • _ o • OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: ALL COURT ASSOCIATED PERSONNEL FROM; SANDRA H. WHITE, MUNICIPAL JUDGE SUBJECT: Changes in Court Procedures Necessitated by Court of Record Legislation and Move to DMC DATE: April 11, 1994 1. Court of Record Wislatiao A. Effective August 1. 1994 (Ordinance No. 94-0I4) B. Designated 'Municipal Court No. I' C. Municipal Court of Record cannot exist concurrently with a non-court of record D. Other laws applicable, besides legislation creating Court of Record: 1. Our own legislation 2. General Court of Record law 3. General law regarding Justice and Municipal Couru UQkM law is in conflict with our legislation. • E. Clerk appointed by City Manager---to be know as 'Municipal Coun Cicrk' F. The Clerk and deputy Clerks perform duties for the Court that a clerk of the County Court is required by law to perform • G. Court Report - to be appointed by Clerk of the Court. Court Reporter must meet I qualifications provided by law for official Court Reporters. Coun Reportcr foes G y~ h, h r T- 2 c/ • _ 0 ~ ,i { ;a:YtSLyrci:ec"t,~~t1,9'",~; ti • a • not have to be present at trial if proceedings electronically recorded. Any case appealed shat! be transcribed by an official Court Reporter from the electronic recording. The electronically recorded proceedings shall be kept twenty (20) days from the date of a) proceeding ended or; b) denial of k1onion for Neu Trial H. Does every trial have to be recorded? Answer, No---only if the Judge or one of the parties requests a recorded proceeding. A party requesting that the proceedings be recorded must file a Mrittep request before trial. 1. The Court Reporter must certify the official record. J. All prosecutions must be conducted by the City Attorney or Deputy City Attorney. K. Ali proceedings begin with the filing of a complaint. L. All complaints must comply with Article 45.17 of the Code of Criminal Procedure. M. All nl -di gs must be in writing ailed with the Clerk, not filed with the • Judgc*s Office. N. Entitled to a sit (6) person jury trial ypkm waived, O. Juror must meet all qualifications and be a rAident of the City of Denton. • P. Juror entitled to fees for attendance as provided in Chapter 61. ' Q. Code of Criminal Procedure as applied_ to County o governs the trial of ~Chrhi r- 2 1/ P~ z cases. R. Bonds must be payable to the State of Texas for the use and benefit of the City of Denton. S, Judgment and sentence are its the name of the State and recovered for the use and benefit of the City. T. Fines, fees. costs and bonds shall be paid to the Municipal Court Clerk. U. Defendant has right of appal per our legislation. state has right of appeal per Article 44.01 of the Code of Criminal Procedure. V. Appeal is to Denton County Courts at Law. W. The appellate Court shall review the conviction based on the errors that are set forth in the Defendant's Motion for New Trial. and that are presented in the trang) and Statement of Facts. X. Perfecting an Appeal: 1, Defendant Mug file a Motion for New Trial no later than ten (10) days from the date of judgment and sentence rendered. Must be in g1$iag and fried with Municipal Cpun Clerk, 2. The Motion for New Trial constitutes the assignments of error on appal.- this mans the errors must be pointed out in the Motion. If a ground of error is riot in the Motion, it is waived. 3. If the Court does not rule on the Motion for New Trial within thirty (30) i days, the Motion is overruled by the operation of law. 4. If Motion for New Trial is overruled, the Defendant has ten (10) days to file a written notice of appal and pay the transcript preparation fee. Fee E}[~trbl r ZC/ • ~ 0 'L. it 7 "s~~r' f,ct 'JI r is to be set by Council not to exceed S25.00. (Ordinance implementing legislation does not set the fee?) S. If case re-ersed on appeal, fee has to be refunded. 6. Payment of fee must be noted on docket of the Court. 7. All appeals have to be prosecuted by the City Attorney's Office. g. Appeal Bond must be approved by the Court. 9. The Appeal Bond must be at least $50.00 or double the fine and costs assessed the Defendant. 10. The Appeal Bond must be payable to the State for the use and benefit of the City, and require Defendant's daily personal appearance in the Court to which the appeal is taken. Y. Record on Anpul 1. Transcript of Proceer'ings and if necessary. Statement of Facts a) Pauper's Affidavit---If Court finds that the Defendant is unable to pay Transcript Fee, after a hearing. Court can order Coun Reporter to prepare transcript of proceedings without charge to the Dc fendant. • b) Transcript pi epared under hand and seal of Clerk after payment of fee and upon filing of written instructions from Defendant/Defendant's attorney must be served on City Attorney. • Unless otherwise agreed by the panics in writing, transcrjp) must • • includ : 1 p- ~ ,t • • • w -.-fir • 1 M• .7 b11y i•'11 `'~•~.f ~~'.y J~•~AIt • l) the compiaintt { 2) Court Orders on any Motions: 3) Judgment: 4) Verdict of Jury; S) Any findings of fact and conclusions of law made by the Court: 6) Motion for New Trial; 7) Order of the Court on the Motion for New Trial: 8) Any statement of the parties regarding any material to be ' included in the record; 9) The appeal bond; 10) Any statement of tuts; I Any signed paper designated as material by either party. C) The Statement of FaCU must cnnjain: 1) The transcript of the proceedings if requeved by either pany or the Judge, or any portion of the proceedings. 2) A brief statement of the facts of the case proved at the trial as agreed to by the Defendant/Defendant's Attorney and Prosecuting Attorney; or • 3) A partiaa transcription and the agreed statement of the facts of the cam. 4) Transcript shall be in dunliate. • S) The parties must file the transcript and statement of facts with • • the Clerk wltWin sWI (50i din alter trux_tiot fee oaJd. ~Y fu bl r 2 r • A • t , 6) Then Clerk forwards transcript and statement of facts to Appellate Court. Z. On A,p al---Case at County 1. Defendant must file brief on appeal to Appellate Court Clerk within fifteen (i S) days after case filed with County. 2. City Attorney must Me brkf within fifteen (15) days after Defendants brief filed with County Clerk. On filing, each side must sene the other with a copy of tMir brief. Dock A. Adult Arraignment or Call Docket - 3 times weekly This docket will be held A per week and it is the first appearance in any case. The date for each Defendant to appear will be specifically set forth on the ticket issued. The Police and any other department that issues citations will be responsible for issuing the "date to appear' on the citation. The Court will need a list of all City Police, in order to divide and specify which day they will use. EUM91w 1) Officer Nivens may be told to use a Court date of W may at ltd! 10 days away from citation issue date. For example if Nivens issued the i ticket on 04.12.94, then he would give Defendant a Court date of 04-27-94. • 5 M T W TTt F Sat 9 13 14 15 16 • 17 18 19 20 21 22 23 0 • 24 25 26 27 28 29 30 X h+ hi r „Z c~ 10 ' • - • '.r3• ' tt, 1 t,+'t.N'''4 y~LYi4`LL it .itXT a • r 1 2) Officer Hinojosa maybe told to use a Court date of Tuesday for all his tickets giving a date certain at least 10 days away from citation issue date. Ticket issued 04• i 2-94---Hinojosa would give Defendant a Court date of Tuesday. April 26, 1994. S M T W Th F Sat 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 The time will be preprinted on the tickets. New tickets will be prepared with yearly calendars on the front cover of each ticket book for the officers use. If any officer uses a Court date that is reserved for another officer---it is okay as long as it is a valid night Court date. It is anticipated that all City of Denton Police will use either a Tuesday or Wednesday Court date. except parking, and all other departments will use Thursday. e.g. Code Enforcement, Animal Control. Parking, Fire. TWU and U NT. It It be umcwn to meet with aft deQ Qt< as noon asnoWble to ad►ise them of new chation orr>su. • The new Court date specific process is being utilizes as part of an agreement. to enable the City Attorney's Office to file 'violation of written promise to appear' charges and to be able to successfully prosecute same. Remember that VWPTA • charges are different from FTA charges, in terms of the complaint wording and they carry different penalties---up to $200.00 for VWPTA and 5500,00 for FTA. 9uh1b1r 2il P• 7 ir'. i r rr ~y. a .^r ~6 ~1Z+F,At yL:t w1 r An FTA complaint can be tiled when a Defendant fails to appear to a sgKcific docket after being set for a specific docket, e.g. Trial, DDC Default Docket, Deferred Default Docket, IH Docket. An agreement was reached that FTA's and VWPTA's would be filed. Since a complaint begins the proceedings, the State will have ensure that a complaint is filed by the Court date listed on the citation. All persons must attend the arraignmenUcall docket unless: 1) Payment in full has been received by the Cr%rt date Defendant has appeared with all required documents before Court date and signed up for DDC---complaint must be on file at time Defendant appears or he must wait and come to docket and, 3) Cases wherein prior to appearaxe date, the Defendant produces: a) valid proof of insurance in effect at time citation issued; b) corrected blVI within 10 days and fee; c) corrected registration within 10 days and fee; d) valid Driver's License in effect at time citation issued. T*be following ct MnI docket wL he Incornorated Lto the Adrift Call Docket: A) Deferred Requests; B) Pre-Trials; C) No Contest Docket; D) Bond/Summons Docket; E) Work Release Requests (not a docket now); hrb~ r 2 Z1 • ' t ty~xid=f`ir$G~Vaa~ ~'~i~'+~~~ wrlo v • a • f All cases wherein a bond or summons is involved will be set on the Thursday evening Call Docket, with parking cases, all code enforcement case. UNT and TWU cases. On a bo•disummons case, it does not matter what type of case or who the officer is•--tbev will all be set on Thursdays at least 10 days away $m: the date the bond or siarnmom Is Issutd. A Thursday farther than 10 days away is okay to give. The jailers and Police will need to be given this information as well as PD Dispatch, Warrant Department and Denton County Bail Bond Desk. If a bond comes in with the wrong Court date given---it is okay to keep it set on a Tuesday or Wednesday night, but if it comes in with a Monday evening, for example, you will have to send notice resetting or if the bond states 'instanter", you will send out a Thursday evening court date notification. All deferred requests, pre-triais, first time payment requests, pleas with mitigating circumstances, and DDC requests will be handled at the Adult Plea Docket on the Defendant's scheduled Court date. No continuances from this docket will be { granted. (except see Attorney Dockets) At this docket, dealing with deferreds, the State agreed that it would not oppose deferreds given under Tx.C.C.P., Article 42.12: if this agreement is still firm, then new deferred forms will be needed, one for Tx.C.C.P. 45.54 deferreds and • one for 42.12 deferreds. We will also have to ensure that W 42.12 due process requirements, which are much more stringent, ire met. B. DDC Default Docket - 1 time weekly • This docket will primarily remain the same, however, we misfit consider giving J everyone an actual Court date to either have documents turned in or appear if Al 617- z 10-9 - o documents not turned in; this would alleviate the large number of default hearings and letter mailouts and the delay in purging and sending out the notices. Since the statute does say a person has to be sent notice, we can then send notice only to those who failed to appear at initial setting or turn in documents. This procedure would also allow for FTA charges to be filed against everyone who failed to appear. and then 2nd failure to appear charges if they failed to appear to written notice sent out. Sample Notification banded out at window or In Court: You are hereby required to return to the Court: 1) the original Court copy of your Driver Safety Course completion certificate; Od 2) the original cenified copy of your Texas driving record obtained from the Texas Department of Public Safety in Austin. Texas. These documents must be turned into the Court by (insert DDC due date; if these documents have rwt been turned into the Coun before your due date stated above, then you muss appear in Court on (insert Default Docket date]. to show cause for your failure to comply with the Court's order • granting you permission to take a Driver Safety Course. Failure to appear on the date and at the time stated, will result in an additional charge of failure to appear being • filed against you by the State. which carries a penalty of $500.00. A warrant for your arrest may also be issued. jie-k/h Ib/ 7- 2,41 • • • wq .q t 't l y r ^*~~,{r,,~ ~"°N~tl ~,:g_1 pyD~.r • • C. Deferred Default Dockets - I time week[* These dockets will primarily remain the same, except that they will be held weekly, except during jury trial week or weeks. The main difference will be paperwork for 45.54 and 42.12 deferreds. Also one major factor is ti,at we will probably bypass the summons stage and go directly to a warrant stage once the State files their Motion to Proceed with Adjudication of Guilt, (this is because of issues that can and will be raised by attorneys per 5..121. D. Show Cause Dockets - weekly Will remain the same except for changing up paperwork discussed with Toby and Kim to make sure all is well when we go Court of Record---they may need to consult with Prosecutor on this due to new prosecutor and clarify any perceived problems. E. IH Docketilndigency - I time weekly 1 i This docket will be available to all Defendants who cannot complete paymen' w ithin time limit given to them by Court at first setting. Defendant will have to request hearing: this docket may also involve work release requests. F. Attorney Dockets - 2 times weekly • This will be a new docket formulated basically to absorb the current 27.14(b) appeals. How will docket work: • Example: ' • • Defendant gets citation - Court date is 04.26-44 at 6:00 p.m. If Defendant takes ~ ~l h ~ h~ T z 4~ • O _ 1, ai Y p' A Rol F • k • Y ' ticket to lawyer--lawyer can (1) appear on 04.26-94 at 6:00 p.m.and then move case to first available Attorney Docket, which would be 04-27.94 at 3:30 p.m., or (2) auorney could appear 04.26-94 at Attorney Docket held 04-26-94 at 3:30 p.m.: or (3) attorney could fax. in or mail in request prior to 04.26-94 at 6:00 p.m. to pass case to next Attorney Docket, (4) appear on 04.26-94 at any time before 6:00 p.m. and in writing, request a pass. (Case can be passed by attorney one time only without States' concurrence, any other passes have to be signed by Prosecutor.)(Pass slips will be provided by Court for passes,) Now let's say attorney gets ticket and comes to Attorney Docket, he will first go to Clerk's Office---anytime between 3:30 - 5:30 on Tuesday or Wednesday. as long as its before Client's appearance date, and requests Clerk to pull file or files Clerk then brings file(s) to Courtroom. Attorney talks to Prosecutor, if going to trial---have pre-trial; if taking deferred---papers prepared: if taking DDC---papers prepared: if State dismisses---dismissal done: if motions to be heard---hear motions, make rulings, etc. Basically the Attorney Docket is an avenue very similar to the Adult Call Docket, but it allows attorneys to torte in before the Adult Call Docket and speak to Prosecutor. etc., it also provides them the one free pass if needed to consult with their client etc. • F. Jail Dockets - Daily Jail Dockets/Arraignments will be handled differently because of several reasons: video arraignments, accessibility of clerks and bailiff during day. • Basically all persons booked into jail prior to 8:00 a.m. will be processed for arraignment by the Clerks and Bailiff. The exact procedures will be specifically YH1131 7- t • o l • 0 e spelled out after i obtain more information on the video process. The Clerk and,or Bailiff in conjunction with the Prosecutor will primarily be responsible for getting all cases complaints prepared by 8:00 a.m., all case jackeu prepared, all PC Affidavits reviewed, all warrant files pulled, all magistrate paperwork prepared, all cases assigned a docket number (using in-house ticket books)---this will apply to al I Class C and all other non Class C charges. Example: John Doe incarcerated, Sunday, 04-17.94 at 8:00 p.m. for Public Intoxication. Defendant either released on 04.18-94 by 8:00 a.m. by Bailiff and/or Jailer per Judge's Standing Release Order, or case prepared for arraignment, to wit: Bailiff gathers arrest report, takes to Clerk for complaint preparation (using officer's ticket). file jacket preparation, Bailiff reviews PC Affidavit (if Bailiff off--a Peace officer will be assigned for PC Affidavit review. Clerk will have to get cases from Jailer for complaint and file jacket preparation). Bailiff and'or Clerk will prepare Magistrate warning forms (unless they become computerized--which is I preferable to pre-printed form). Documents put in file folder, then all cases put in jail boa in Courtroom or Judge's Office. Clerks and/or Bailiff will be responsible for obtaining signed paperwork from Defendant during video portions of arraignment. Any non Class C charge and any class C charges from another jurisdiction, will be computer coded using an in-house ticket, and all other procedures will be e followed except complaint preparation. These file jackets will be filed in my office, whereas all Class C cases for City of Denton offenses will be filed it, the Z Xh`i13ir 2y • . . jf y 5.::19 ray. y' II,,+,}'• • _ A Clerk's Office. [11. LIAM 1. Parking ticket complaints 2. NeA parking citations 3. New citations for all other offenses 4. New file jackets 5. New jail paperwork 6. New forms 7. New dockets and work assignments 8. Problem; Adult arraignments Thursday night with Juvenile Traffic Arraignments same night. 9. What to do if 'shell" rat ready by August 1. 1994? 10. What to do if not in DMC by August 1. 1994? 11. Telephone numbers - recorded messages 12. Where do we put Jury Trials? 13. Rewording of complaints 14. VWPTA vs. FCA - VWPTA's & FTA's run off computer - Data Processing 15. Forms - What forms should be run on computer - Dais Processing t • 16. Affidavit sessions - no problems, except Jez talking about date for turn around shift officers 17. Juvenile PC cases - stay the same or • 18. Judge's Office Hours , • O 19. Bailiff hours t x: X H r 2- > ` , . µy } eegggg o 0 • _ a • ♦.,Id..d..p •....v . . .,_..m. ._....-..,~..........wm.. rw.a.+MeWibrsw..w,... 20. Clerk hours 21. Info to send to attornc)s Info to Police and all other departments 23. Court of Record Judges can issue search warrants to Police - ne% • new forms 24. Memo to County Judges with legislation 25. Filing system 26. Define bailiff duties 27. Define Associate Judge's duties 29. New Part-time Prosecutor 29. Court reporter 30. Setting of Transcript preparation fee - amend ordinance???? 31. Work Release Program 32. Sill of Costs i1'. Questions V. TjW Tabks and Rork Assiiosnents I • e • ii` F 4 y ^ ,g A • G • JPD - on .k"acbed hereto are revised Court forms to be utilized In the above probation situations: Form t - to be used at Court Cfert & 2: window and in Courtroom. Bask Deferred is now called Communky Supervision per Article 42.12 of the Texas Code of Criminal Procedure; this particular probation does not require a Driver Safety Course, and if Defendant meets eligibility requirements--oo agreement from Prosecutor is required. 77th form will be put on NCR paper and when it arrives from the printer, these 2 forms will be put into use at the window. 7be Judges may begin to use these new forms is the Courtroom prior to them being printed. Form 3: A&anced - long form to be used gWI in Courtroom. No afffdavft of eligibility is required. TU form will also be put on NCR paper. Requires Prosecutor agrcemeat and Prosecutor recommended probation coodkfoas. Form 4: - to be used only by Judges to amead a prior Deferred Order for an adult or in juvenile traffic case. 71& form will also be put on NCR paper, sod requires Prosecutor Motion to Amend with recommended oew conditions. Form S: Motion to Proceed - to be used by Prosecutor in any type of probation me where State wants to move to revoke a Defendant's probation. 711s form will also be put on NCR paper. Form 6: Plea of 71ve - to be used in Court hearings wbere State has filed a Motion to Proceed, and Defendant has not waived right to a bearing on the Motion. Form 7: judgmW - to be used where Probation Is revoked either by a bearing or by waiver of the Defendant to a bearing on the State's Motion to Revoke. • Form S: Deferred laformadors Shed (3 pages) - These sheets explain adult and juveaik trsffk deferred (various types) and can be banded out to the Defendant to be read at window, or through the mail if Defendant Is outside the Metropkx, or in Courtroom. Foam ih Wafter - This form can be used • at window and in Courtroom when Defendant wants to waive filing of Motion to Proceed and his bearing if be violates his Probation, and belsbe does not • • have the waiver given to them on the back of their deferred papers. Eris,- 25" F' . • Form 10'. Atmuit • This form race be used at window and In Courtroom when Defendant fails to beep up wkb the dU&vk form given to them on the back or reverse side of their Deferred Order. Fora 11: • fhb form Is to be used In Court when a 10.16 year old Is giveo probation for a Penal Code, Alcohol or City Ordinance offense. This form will also be on NCR paper. Form 12: Code Ddhrred . To be wed in court when Judie wants to amend a Juvenile Penal Code, Alcohol or City Ordinance probation. Please note that the Bask, Advanced and Amended Deferred Orders, Forms 1, 3 dr 4, each has an AMdarh and Waiver. The affidavits and waivers are each a Unit different from each other, so make sure you daAd try and exchange the dMavks and waivers between these 3 forms. Is the Walm, there Is a blank that the Ckrb wi rare to ® b selft forth the amount of the Defendant's Ace if he slolatts his probtlw This thee wN be alculaded by dedarliai $60.00 from the probation lee messed he the Deferred Order. asomple: if pnobrtiow he = $132.0 phe State onto; Ate wowl I be $72.0; $131.40 - $66.0 = =72.0). This applies only is the situation where the deferred fee was set SM.00 or higher than the window fine. In all other cases, the Judge will have to set a fine. Each Judge, Clerk and Prosecutor should revlew, these forms to determine what is required to be placed In the blanks and to facilitate two of usage. Sandra H. White, Municipal Judge Attachments: Form 1: Bask Deferred With Affidavit k Waiver Form 2: Bask Deferred Affidavit of Eligibility Form 3: Advanced Deferred With ASidavk & Waiver Form 4: Amended Deferred With Affldavk & Waiver Form S: Motion to Proceed Form 6: Pisa of True • Form 7: Judgment Form 8: Information Sheets (3) Form 9: Waiver Farm 10: Affidavit Form 11,• Juvenile Penal Code Deferred Form 12: Amended Juvenile Penal Code Deferred • r G- X i-t ~ /3 ~ r z S s. • _ p • r DOCKET 140. THE STATE OF TEXAS 1 IN nM MUNICIPAL COURT NO. 1 1 VS } FOR TIKE CRY OF DENDON DEMON COUNTY, lTXAS OaM of TM COURT GRANTM COM►fMn SZ)MVMON AND SIMIW [OM TUMS AND COFIDMOM The Ddend.nt buvtad appe.rad: _ V Ps:~oa Ero Ses _ 1y Mall Pro k _ iy wrbtur Motba d Attoneys ad tie Court badN coaddwsd the Ddmdaat's pin b "m of _ GOP _ lw C4da4 mw mvw him" fir Commit y SgpevWm loco bashy l3mg sold Motfom purnad to Arikk C.U. Tact Code of Crlmlea! Prooedtrt. SAJaa to dr Ddeodars aseceadully mapldiep the blow WW and cbdied taros wW mod dome for a period of L21 km A. _ Do sot be c6arsod or amocted of my Tfafst: aRmn for a pww of 0 dens B.- Take a Clty of Dmtoa Palke Dep. Smt D l Awwr Cballloe wadsad&Y, at 6.01 p.m.; C. _ by a proballoo foe and State cub totally 1 at the time of tar eegma. D. Other: E. _ ilk with the CoWt a ewarf AS&VII dMIW wMhe you mmpbod or dW ad comply with a0 of low omdkkm. (An aRidarlt k at &&W oo the mww side d ft 6KVM" for yaw use.) Your aMdavk m o and be savors to and Ned wwlth th* Court bdweeo s F. _ if you rod to comply with ALL of your ooodltlosa, -am you MM AFFMAR In Court as TUESDAY, d 2:10 p.s. for a barw oats you Hie a wriam WAIM of your K& to scsri a barfly, (a wdver Y sataehad om the roverao side of this dot+mmt for your use). rs&n M appar r to f& a wrWm alv W pay aE addkind &w and coo wM rw& be n ARREST WARRANT Moo !avid Rr171►LlD • JWV f4rddias, Moaitipal Cart No. 1 City d Dwaos, Dwim Coma. Twos ! certify that a true aM corred copy of" Court Order wa saved by deil.a'io` a copy for 1)_ DdAWM W am my in Pao oa: t 1)_ Dofa&d bis Anormy by m L • , Cknt, Musldpal Court No. City of Dmtoa, Tests P • O c ,~s~ a * S5/J,4<P 1 'ykµ`7~ u 1 .Mh6~~a "Y 5 • a • Toe OBdailt Bdew o~ be rand to to Care beg Ne am mad is aNda ate a at mww dh. h aflla.l aos to csoldad b 7a ad DAMS r y Fa 4 frws OF a Molar] PIW Ya rsd BM r Afllr.t ens T la Twb" Few Iribeaft STATE OF 1 1 COtl%TY Or 1 BEFORE ML be ao k 19 - ■drelfY, a di do Fwws&T apae.r.d dlr 00601APd oti Its blow 4O nwe wet: I s ow Ddeedrr H de caw otaal s dw maw die d ddr dsCoodw 1. _ I Irwe caroled wM an caedWa I q orwI a sd ern for dsds/ of 07 am 1, _ t dd se corff7 A& r oasts w r7 onOs" ad s) I wBl appm fw s7 Harty stied to aedda er a dw rrwww Air bwda: bi I wtl to wl.e rl Apr to w Sary wd b aowdrlsa 'r. OW I we an a wrtra wafter of de SeaAq. M O0.I, TO &%'D StI SC RM D BEFORE W. se Ae _ b of _ tN_ Ddadow P Allow %war) Falls. La ad Fur Cony, Sact of K) Cesrho~os opus: omL3;II4 t w dim a I.er dd if you .Mold Tar Ra►adm rd do am was to rppar hr a SaLAq. SAS OF LAXVC ST ATE OF 1 COUNTY Or ! I, I s dw Ddodaol is at cs om mi as de maw die of 06 dsa•a4 1. 1 hee17../say ad taewt+b wdvl rF ryd as dw SK of a ludo is ?3 veldt A4v&cm a sf CAM said ow y dolt Sara of Teas a l" of i CIO of D come. 1. t fbels wafts s7 Adt a ay [warty a .Yd 1 ary w Cwal/ Yn lea sdWd eb rgari w .tslry an am w Cooddoa of s7 Tae/ado. a. T m dertaad *A dot Cart d male r7 orwlsYr lad re l+7 W arv a am dire re b dw assol of B , doe Wdie as fla) dap of ady'o dole. S. 1 VNDOSTAM THAT FAD.UU TO FAY TS FM 041W a AGAD6T as p NO. a UOYl. IN TIM 04) DAYS WTU IMLT P( A CAFUB FRO p0R RANNANT ta~I I ME" DON WY AABSST. SN OR.% TO &ND SUMC RISE D BEFORE ME, oe So _ by of . Ddm dss I Afls %oar7 Falb. V awl Fw - Ce.n. suw of P y o • e s DOCKET NO. THE STATE OF TEXAS f IN THE MUNICIPAL COURT NO. I VS. FOR THE CITY OF DENTON 1 DENTON COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Defendant in the above styled and numbered am, and after , bavtng entered a plea of GW.TY or NO CONfiM, and walviq my r4ht to a trial by jury and haviag made motion to the Court to be placed oo COMMUNITY SUPEIRVISION (PROBATION), I HEREBY make the following swore statements In support of lay motion: (1) 1 have not had Probation for disc akssal of a traffic citation wkbin the one (1) year period prior to the Issue date of citation bereln; (2) 1 am not currently on Probation for any other citation to any other Court; (3) 1 was not cbarged wkb exceeding the posted speed limit In excess of 24 mike per bour (or no more than 14 miles If driving a commercial vehicle), and I was not involved in a traffic acciEeatp (d) 1 understand my Probation fees and State costs an due and payable upon making this appOcation and offidark, and failure to pay Ibem by the close of business today will resole in my violating one of the conditions of my probation. The foregoiag reprvseotatloar are true and correct, and by Acalmg below, 1 aHlrat the swuracr of my statements. SWORN TO AND SUBSCRIBED Defendant's Signature before me by the Defendant, on this the _ day of 199. Deputy Court Clerk, Municipal Court No. I Notary Public, In and For City of Denton, Denton County, Texas state of ~XN~~/ 7- z S • • DOCIST 40. TM STATt Of TZ Al 1 Dt TIM MMAC[PAL COUeT NO. 1 I K, 1 roe Ta CRY Of Dex" i i DRNTON COLNTI,TtW OR= OF TO COA.1T GRANT= DORIRRD ADAAICATIOP"MIII "KMVtYOPI AND MnTITIG Poem TOIOM AND COM Kn" The Ddwdar Issw* aptard: _ Ia ronr Pr So _ b Mid Pn So _ by WA ssr Modr of AsneT; rd dw Cove taAti maoisrrd Me ' Ddrdmts ON bado of _ CAT; _ Na CAM" W W%w Mefr Yr Ds4od A"ttielr I Canwatb 69 Mm bill bW* VW 40 MasYS Rears a Ardde UA 143-13, Tar Cob d CArYd Prredar, N*jw if be Ddr011r aaeea Alt csisiMedt dw idw eyed ad Add stw ood ass"M M a in1s l of der A. _ Do am w owfw or M*w of sad ofNre M o POW it dos t. _ Cauiow a Teo r D*w Ink" Ca OW Fo.1se Can w1o a esr/doa devorar y a C. - Td'+ a Cis) of Dena room Dep. Sal Dd Avraesr Cher r wodYrdp, _ r 140 P r.; D. _ C460M Dear Cat" AimYd trralr how, olr Mbw% sad Rrelde Can aldt ee•/din ard&w by 1i. _ eaosw wid W PutdAm Y M'•Tw S h arwn hs/7r by F. _ Ca f se W%Ugdr rd - mauiq erodes wo Mrsmwa y: Tens Wye Ud"rdtrMmWV Tho. _ Ihirn" d P" TYsraOY a hhay NIIIIIIIIII Miss CMr G. _ CmOdo a elsimi dipm6m) Friar fr dye wades of as r yPn.A farirt y e. _ Cw/Im _ hors d eery nQ renlm aoA r a aoea PraDStorua wrM sspmo b Dow Carp w o se C4 d Darya, Fr ana&w CYy dDtaoawM O+dr, W Pnetde e+ibm dmliedru dteCaan y I. _ Cossocu Dart. Tow Cast rtrora■ pr attoAed hrodsir by 7. _ roy rdeaeir to Yt Ae arms of i h! L. _ foe o» ae Caan o non 480111~ nrYO wteeYs YON wr fod r did NO as* wish V d Yw► eaadlim. (As dodart it Madld r at max fidr d dW do4ws fr ~ ear oat.1 Yor aft4411 rya k twos r awd ltd alA m Cart Ysaor ord s M. _ P" • PreArYa IN ad Sur ma uutat $ -by _ U Tea 68 Y esroy wUds ALL d loss assibi , dm Toa MLR ArMM Y Can r • T1ESDAT, d kx Pa. Yr a bow%rder Yea Ik a wrlar wAr fu d ym npt is redo o aeanol, a wd.a is massed r Se max sdr d dit daraor for Toor rel. hire r ansior r Is Oe a wftn asAe ad P4 i sd/dhrd De ad trot we rwae Y r ARREST WARRANT od" Yosd 1 gNTTARD Jaye Rer011s, Made!!tl Can No. i J Cep of DON*. Darr Co010, Tear a • I ea11q rat o are ad onoet ayry of thi Coon Order wr Dens by deNers>e a at/r Y: 11_ Ddasdra 11t aduraey Y Rm • • 71_ Ddmdnw his w wwy by sua r: G I 1 / / T Cart, Mtddpi Con No. 1, City of Darr, Tsm • a • REMM= The alfllort bdrw M be rsarad w dae Coon bwwes dY dean egad r uNlfn V n On ormse OWL The aminb eat be cwphnd b Too call sweats r by roo Y her at o 40" PAIL Yam ss Se r AlWvb woo It ram ri low FM pdeies. STAN Of 1 COLrTY OF lE FD RE ►Q. Ae oaeetiptcd owdocbY, w 1bY b pwws* af9tarwl se wasalpd NSWIL . wha dw bAe; t* rw" alatal: 1. 1 me lot Ddulas In dle cot read oo to reverse iM of dob /acsl. 7. 1 ba" eespiel .bb al csrclase s (my probselso nd am far dal d y am I r r coaplY wls at crdbmw of sY proborloa; ad u _ I A appear the y Hearn aatW b comas" -V n of revarr A* bait b) _ I wM W wave s7 nlbe to lbe Realms eats Ye madd o r I will Se a wrloe wolvar of are Rearlal. Sa OIL% TO A%T/ Stlr<RIM D BEFORE %M as be _44y d _ lf!_ Ddadaa f Adios %ouw,y Abbe. V and Fee _ Coory. Stags of My cwasiaoo aspics: C6711~ L K " Wrvv 00 of 7os v1Wrd yew Wobodow mad b re wawa to mom Ar a Raft. wAMM OF SLUM STATE OF I I COL\TY OF ; 1 1. 1 rs of Dehadaa to ae can Now a &A ream ewe of aile document 2. 1 h v*. vdmu-t and Iswwbipty waive y ftk w dbe IIRd d a Nrloo r f4aooad wN A4ud=d a of Gat opba st by at Sere of Tear a kur of dh City of Damon. • I. 1 ferAr Oahe sr rtdY to any mar" r wild I am of caw have boa adld no rgar& r rleioay ary WE or coodb a *(my prebaefow, 4. S aadvtawd do dw Comm we rerobt sY prsbatlaa. ded at JURY ad eats a am apYu st Y Se mom of S , be wlebla tea (141 dape d wdoY'o date. S. I LTMEMAM TEAT pAIIA'Rt TO MY TIIZ FIK >D T== AGAVV bttt RI 90. / ANOM IN TEN CIO DAY! WUL l2StXT Oe A CAPW P20 rM WARAART MIF' Mm PM MY AMEW. Sw ORS TO AI) RISC RISE D BEFORE 4Q. r Se _ dq of I M_ . Ikfardaat , Ale.a SeurY raw to W Fot _ Cwawp, _ _ ~-t /3 T 2 e Stale of K. raaa6afwa espers: • o • • DOCflT NO. na STATL Of TE1W I W T= MvNKIPAL COlif NO.1 VS. ! FOR ru CTTY Or DveroN ! OE#TON Cow". Ttw 2NNaAMRMWODUkI Ov _ at Can pled &P DdWAW aMd aMoe a Ddlrtd Apdada fain 5yv'fiw. roe Star t OdWm Ga OW a 0 i aedre of Im r Od aMda prr raw" a1 di/ad , tamer ad ca Wkkwo Iaptel qa ft Dd6dw Y M d Sr Star ~reoa - we a Mrda a Rataf /NS Am Amerada of Gar. Ttr Can Y of tM Neda Sa dte lea Ytarwar dYudm VOW k ra.ad b M@Ift dta DdaMr•a I I - )loch and i t thwec' a OtDlafDr• Sae Ae Ddmdm'r pelair be tr ICY r =saw ow a pld d 6" r ftsm: A - Do ea b t elrpf w erAad d lay down hr a PAW or _ &M a.- Comoro a Tom rr _ "or Sat Cwee, ed ReAk cm" w o a emod" ewdkmlr _ by C. _ Tale tk Co of Deal Polm DrpL Sea S& A■uom Cho a lYdadq. a!A! fee 0. _ /p a addd=W /dda he d! by 1. _ OSwr f. _ FW v1s Se Can a rws &NAPO as of a>alw ya rapMd w r as an* *0 al of year aaaMl eu0dar. i u afSdrAt b attactd a c k rrax "r of d6 Maaaa hr yw re.) Yw afOMAt aaa be r.m r r MW vlf, Se Can law. ad e G of ya hA u oap wM ALLd yaw araM! elites, dmpa MW A"W h Con a TIMAY, _ ■ km pm hr a bmft now ya lb a vela WAr*li d) v d yw ndt u tl a lcarfal, la adrv Y mead a Se morn dM d rY bald hr yw arl. hfty in elder a ! a arrtia wdrw ad pip d adOdad far ad an wi nai b a AMAUT AAARA TT li! %"qmL i ES'ARLD • ydle Ntdrf. Malted Can-*. 1 Ceey at Dow& Down Caaq. Teoe 1 ccdyy dur a tree mod carne " of tlY Can OrOw yr W"d by Ad v a top W. D_ DdW" 16 roan" ■ p m& A_ DdsW bb aaww by sd aa: • cud6 it Cant W. 1. Clq d Dram Taw , • • J ~Xrt~/~~T zee ~8 • 0 Me ads" ran bdww M M raand to be Caan tdwaa to dada stand a aaelda or a In Rrarea dda. Tte dedna agar M aodasd 17 row ad Mn r ti ya is bow et a Mpay PA& Ta no lb 6t Awrrt on 1 ra monad roar p bldm STATE or 1 COL,%Tr Of UFORE ME, die loiwdpd WSW*. a di b R>• It apeard at - ~ af5aaw atw d* tdy lady nora araad: I sm dw Orrada b drc ewe toed a ft rerarw ride d ft AecoaaR 7. 1 lore conow wid ■ coddaa $ (my las/d Fretdr ad nn drr rind G (MY cm y, 1 N r o=* ds d =add= of ay WHO" Iretadaa, ad . p _ I A open fat ray Rearal and r and" 'G' a dx rerwv de ►mra: a1 I wK u wahr my Ape a dte Bena/ wad to <arda QW, ad I ai me a wrw" wahee of as Sev%l S%OR.%TOJ01)SLESCRMDKFOAS4~% adre_d of ,IM_ Deana M r AINM _ teary Pow L ad ►ee Caney, Suu d ~ ~ i ire the %socr a* Iyou ria"yar IvbmSw nd is wo wan a apar M a ga EAOZL4LMAAm6 STATE or E coLl%Tt or I 1. 1 as dre DA'adom Y at ewe sated a dk eeraw Ye d di dacimrafi 1. 1 r7eody, raia<arty ad Uawhe wave ay Ape a die EaI; of o .Mow to Road we! Aya6caefoa d Gat apes we b! ds Sa+e of Teas a kW of re Cey if Dsla. 3. 1 WOW wile 67 Ape a ay lenad a wddd 1 &a r add Ore bas nddd ddl rgari to rbldal nary sera ar c @Mm of ay aoadd probom e. I lodwWamd do die Coin wdi Tate my /oAada~ Sod we /nay ad aim a de aprla aae is d mum of I , da wlda we (111 din of Wq'a din. S, I LMCMA7m TEAT FAaLEE TD FAT M FM CWTEM AGA?iT IW M MD. d ANOM DI TM 001 DAY WnL RMtT IX A CAMS FED FP6 WAEEAW ROG W= FOE tIT AM W. S Sa OR.% TO 400) SL/SC RMP W FOR[ WZ, a die _ dy d • 1„_. J DON06WrAMON I %aury IaE/c. L W Fw Commy. ~ s o • a • DOCUT No. rM STAn Of TTXAt I IN TU M1.TOMAL COIdR NO. 1 I V& 1 FM M CRT Of DO 4 I 1 od7"" Coudy, MAS 101 COKU NOW St *W of Ter a by d eY C!p of OWN16 by aad ft"O Mr Clp AMMM. er more MI Con Y hsowd w1s r A4dirrln of GO somm to DdWAM smW elan, ad wdd M dr Cwa r htaac TW a . I" dr Can rd+d a on of _ GULTT. -1QL0 CONTZPGM& ham ik OdYtMK lard St erldre r fail iti It nldaaiad So DdWm't ti of Sw CW C SOdsarn r i . The Con dwArwed %rar Ranii/. amar obw* r A4sdodas d Gas. ad owd wM Ddidwr a Simi A/rrair I Carrap LtreWta hr a IaW f drys, atret faro mnob wm at a m@dm of treI I r.YA St DdrdW w ceded r an*. TTre SAM o tr is aaawqur r r Dfatdw MYt Mnat a Rio Mri, to DdWWWd - - owuh Ww rd MAIM d iM ftftsW b: - 1. hit r Pry W&%w he b St mum of I do b _ hfatt is aetlet a Teas r DA.a SdV Cores, ad Airt r prow* r dr Gan a aeHalm andrre by _ 1 x fiat w alt dr Cay d Dm Mo Dots. Sew 14 Awarser CYr r a. hit a a Odd M Derv Cwq Akdd truAr hyra hr MYora, ad fait a SmAY M Cwt .ih ■ ar/atfr ewdko b _ S. flit r ndev wM ad In4We Y YMT• TUN Sah DAsYt trips b _ t. fdit w emom atmon ad mndh t aadoo atl wum be _ 1, fit r a.ttetr a sated 4*iq PWs by _ t. hit ts urllet Mra d nrralry arrla w wt r a rrp%ft%mm wAm apaq Y Dora Carry n d Or cb of Dos, to uleaoo OO d Daaaa ttrt Orb r, ad hit r prwAh oMfrwr of aatldn r dr Can by s _ a. rw traeflaNLeDoomT=Cwntrogmby _1t. taitwttgnaSWrdl~ by 11. ?AM to i aft St Can a rom .,4et a dat ateta Wile raetdd or Of m ewt$ vIA d of lLla f+sdr COW19M bd ad : --15. fit to a/ttor in Can a TUMAT, ■ l:71 he a hemft W so w'rMa % 4AIX is as a bow% nr task _11. AMkrAaridAUM&latrWdrtTaoitlgroffere YVIt 1a. OSr: WIMMIOtL. St Sere yips do is Medr to htaad Nlh Aa Araiadr of Gilt Mod hr a frrtit ad Sa i Dfrdrw k dad e ytaar e M rwe •b St Can rant ra h=W aft As A4%gndm of GO r lyoilr of Sere MW Sw Maim W At Swde hula • 1tiys Sr a ranar M WOW for awe arts of ft DdadW OaW eM Ddsdwr fd r omm ■ dwL i I bAaitar Cry Ammo MadclNd Can W. 1 Clq d Ds" Dora Cusp. Tor QJLL" • ON Sw - dry f :M_. am a is be lard At Shama Moor as haoad A'ft As AMdehr f Gi. • rt 6 Ts!•110hI OhDC1ltD eV se Orl or at Can Yra aria M Se Ddlrsw earrrsot flaAa r attear in i Cwn r at Can &am ar ftwW aft r Ayairda f Gi ad hspolr of Snawe tad Arita aided 60 a wWM M hrd hr Sq art gf Dd Ddair &am WsM Ad r~jWw r dYL 2 Jadp huWk& W dpi Gen I Op f Dooms. Dwr Carry, Tor , • • DOCUT MD. ra TTATe Of nxAI I DI TS WLNICT&L GOUT NO. 1 7 YI. I Me TIM CITY Or DeN OM i I 09MTOM COL'MY, n W C04W we the odubdo a aarar aba Y ape can W for1W Iea eer+d wl► a ary of this Sur9 Meda r hood eIe Aa A ayswadrw of Gat k vulva the rrding stook! Modm Y qs Can, W oaths . !tier ul m8 w this Wepbm Y rail Moda. Ddws" a pbas wall .Mscs wrath the yDaraMI4 orarlerlsaWs W avsaarYrda of wdo m& W MOWN r r lafrofw7fan of mthsaq W*. y arltr.d vales Noma* at aAeems me saw Ie~tatrI evils. 1 A=CL41.TCOpOm dw 6e hbwy bm an o W maws Too" .lSI- I won ery W Ypiy Amend a Dwnd •Mwda 1 Coamooft StIar - Y this cam hr a perw 1 /q,. I odor ad eawomed the rrao and aalwdam d q polals on W" by foe comm be thY eme. Sam levy We Amal r 134re/ A+serais I Casseimill/ SYprwlla W vW a DWnall A+ dkadm I Camommift Impos i~ I kiwi rYYre! artist tarts ad eoswtias of n probation Y the ralovy auaaUl: 1 cesmitter The following effutelN wide as Deferred Adjodleatles I Coassaley Israrvtrlu: -3. 1 Illegal to p0 ay Iles Y this Masi of T 1aa by -3. 1 hid" esepiae a Tons r Ddva So* Carne. W Mar r provik is the Can a esaptrna artrrse by - I _ e. 1 fdd u Witt the Clp of Dados raea Dept. Sea Ild Awarsea Chi a -3. 1 Mod r eamplae do Ora Caaq Airlal trades hvgrm Our %QW% W fdd r Pro r* the Can wtl a asplda rauim by . J _ a. I fdlal r rgMar wel W pvlkyaoe YNtY•TFJi~ Sah DeIvIW rropssty _ 7. 1 fad r can pho aefsadas mad eaarig trios wll prat W by: I. 1 hid u tr ~ pile r AralalhtitWsq uoa*• rK this ewalsetaf _ - a a apprvrW hsq by t _ p. I tied a tam etas bao ar rosirl lama wort a n uwpvkwmm roles Wary Y Drstes Cswq A, a the Clq er Dsea per ansclef City of Deg" Mere offer, mod hDW to pnwW evinim of compledws to the Coon by _ U. I /agW r essp4oe tk Dili Tem coin trapar by - E hMl r pa raft les to Y the aeons of I by e _ 11. 1 hid r Die wb tht Can ■ twrs alero.l say wldbr I sapW r r son espy NO M of ay p ulsir esdlli laws f W ' - U. 1 fWW u ar"m r cars m TLeSDAY. a lap ti. rr a leery, W I we awe Ik a •nm 0 AM1t It of my A& to A" a bmea ; 14. E 4ve hrAar .1olisd ay prtlseaa Y this tolic llg sasses. ~ Ddaiast , Sa15Ce3[DA.NTrSWOWTOUFOU%U,tlees/rolgWrOrq,mYl Agaf lM_ l ~f I ~J T .Z S wun Polk Is r rer Slone of 1 • _ O DOCUT NO. Tat STA M Of MW ` W M MUNWAL CUNT NO.1 YS. p Km m CITY Of DaNTON DLWIOl1 COUNTY, TUM Oki 61 am re amod Ddwdw4 wppmwl - 11 pwaow pn sa _ b W Ter k -by wMw Mo" d AMNW w1 arrsl a An d _ GMTT, _ MW COlfT OMW r 6e o9 rrd lwdl The CaA odlrsl Y Ddtlk P AN ad 61 e•Ywr pus" if so, ad kW fr i air m"mol 6t Ddwlwl IdsT f aM pdq d r Cis C l6Mwwrrr, r ad ir I -'ascw4w d At "bbo 6r 61 SCI tawrs of nddT r de Defto6m wolf k wnd Mfwtst Msr prasobo/, woo aawft a adofrdw of fi, of fiml de D~ a Dbrrd A4m&WA a Caw=* shtparrI A shr a parld d 6vL Sdwgaer w 6t DeltAM b*g wed w Dolreoof Adadu ! C*mmft SWVPMN Wnb _ TAr sews of Tess, w Sdtr at 6e Clq of Dares, aw t Yodw to ps wtl As des of CA& Alft 40 IM Ddw" ~Y1rd ast I mm r ewfilow d IM1m peridm _ fle Defwfwt mw t *AM 11'M of Oe wK of t Males is P3 MA As A4deaAw of Gi by Mw Still of rem w b" d se Clry of Dares, w1 Jafid* taalMd w Ad~1 mraft mm mid amild w d Wow pnlatlw, r waf.rl ht1M Alit to a bait rsTsiT 61 pnSOdw dllaetosUl. on 6s May of. 1t'l~ 66 esr w csad a _ Tie Mdw of ie Stak of Tear, ryteiea tV st Cwt !roil wtb w Aaofria of cosh w/ re sure aAsM by bw Arms Cq Aawaq, Mil 610 0 1 MbM omd appewd _ is pow f►o Set _ by Aatomm _ Yu Mdw of de DdwMis iso *dve 6t at" by Ue Risk or a Modes 0 Rash Wd& AA Afa6rwlw at GoiL ad far 6e can to Mo wuw )e6daI adarw r I I I aav6 wr ad ow6dm of MIAN prdodm _ wehe 1&%w A& in a bony w de sus'1 Mdw r hard Md w 44odkOw d Goff, of far de con w twit tletwr1~ taF - 6 edk" ewto rwsw of mmes d w1ba Rwrs► ww/ tie Con L.uT serf IN or as e.ffeare for 6e Swe ed for the Ddodwl, w1 Wv* Iowa uTiwar of amd i essd/wsl 6t Ddaadar'1 Mrtsr Ndar - i Y of 61 opMa ad r 6dr 60 be Coon dedf prsral oft w Atls/c M d Grit. h Y 6wdMe ORDtRZD, ADATJGZD AM KCRfsD b r Can dr 6o Ddoom aasd Wry i GMTT d 6e • ofaow awd iwef~ of 6e Ddaaias ♦ iw*y aamd s pw16rw1 a shte i or mom or S ad Na ars Y tit asom of S , r s ma pn I WE* paw ON &6m&W as wwatia S . Aar a told of S re is k pd/ we 6e Reow+ 8(69 can d6w trit Maw >w r Yes 6o to 1111 &M ft" of4'1 Mw. Cky of Dwo,DomComy.. Tm , • • 1 • WPORMATION REGARDIN(' DiIFURm ADJUDICATION/ COMMUNITY SUPRZVOW RZQUMZMVM QROBAT 111M Your can may be dismissed by being placed on Defaced ACodleadoWCommunlt2 Super rWon (Probation) If you mat the requirements and tasooessfv@y complete your Court ordered conditions. Probation Is a privilege ant a right, afles addy IN the dhwetlaa of the Coast. BASIC PROBATION ELIGIBRM REQUMPAU I5 ARE. 1. You must enter a plea of GUILTY or r]0..CON33Mr, 2. You must present to the Court a w,ittea request to be placed on Probation; 1. You must pay your probation fa and Court costs at the time you request probatioo. The probatioo fee Is the fine plus SS0.00, and the State costs which range between $23.00 and $9.00, depending on your offeme. 4. You cannot have bad Probation for dismissai of a citatloo within the one (1) year period prior to the Blue date of your citation; 5. You cannot currently be on Probation for another citation; 6. YOU ARE NOT EI.1GIB E FOR BASIC PROBATION M. a. You were charged with speeding 2S or more miles over the speed limit (15 or more In a commercial vehicle); b. You were charged with Fall to Maintain Proof of Insurance; C. You were charged with Driving Without a Driver's IJceose; d. You were charged with a renal Code Offense, Le. Theft, Public Intoxication, Assault, Disorderly Conduct, eta; • e. You were charged with violating a City Ordinance, Le. Zoning, Substandard Housing, Food Handler Offenses, etc.; f. You were charged with Failure to Appear or Violation of Written Promise to Appear; or • g. You were charged with a traffic offense Involving an accident; ' 7. You dRAgj need the Prasecutioo's ag=eemeot to take Basic Probation if you meet all of the above mquiremeots. ~~CN}r~~r 2 5' 13 • ADVANCED PROBATION BIIGUMMY RZQUaDWM Asir Same as Basic Probation, except: 1. You MM have agreement of Proaecudoo; 2. You M request ADVANCED PRODA71ON for offenses listed under Section 6(a-g) that are not eligible for Basic Probation; 3. Probation fee Is based on recommendadoo by the Prosecution and is normally higher than Bask Probation fees; 4. Additional time to pay probation fns and costs must be aged to by Prosecution; SEAT BELT OFF UM PROBATION EUGIBUM RFQUMKMENTS ARE: Same as Bask Probation, except: I. You must complete a two (2) hour Seat Bch Awaream Class on the date assigned to you by the Judge; 2. You must pay a $7.00 Probation Fee and $33.00 in State Casts (total $40.00) at time of request; 3. (9 altldavh of compliance is required. HOW DOES PROBATION WORST 1. U the Couil grants your request you will be placed on probation for a period of time not to exceed Igo days (6 months). The normal period Is 120 days (4 mouths); 2. You will be given a Court Order which will specify all the conditions you must comply with before your case can be dismissed. If you fail to comply with mckmd It condition, your case wE be dismissed. 3. Some of the more typical probation conditions are: A. You cannot be cha.Yed or convicted of amber offense while on probation; b. You may be required to perform a certain number of hours of community service; C. You may be required to attend it spe iallud program; • • d. You may be required to attend counsell*s• r f~ / 41 I i • f.. o • e. You may be required to pay nadtatioa to a vlotiu; f. You may be required to do anything dsn td IWV dsoms reaaonabia; S You IN be required to submit a swore Affidavit of Campus" / Non Compliance to the Coact between certain specified data, if to fact you comply with aD conditions; (JuvenUa must reappear In Court oo a date certain.) b. You will be required to pay probation fen and comb- be probation fee NOT A FIN& WHAT HAPPEW IF YOU DO NOT COMPLY WFM ALL CONDITIONS OF PROBATION? 1. At the tone the Court gives you your conditions of probadoo, you will fiso be given a Court date. You no return to Court on the Court date if you mM comply with all your probation conditions unless you file a sworn waiver of your e4m to appear for a hearing. 2. When you appear, you will be liven an opportunity to discuss your defoult with the Prosecution. The Prosecution can socept your excme and ask the Court to dismiss your came or ask the Court to amend your probstim and give you additional conditions and charge you more few. The Judge am deny titu Prosecution's request. The Prosecution an reject your ercuoe and file a Motion asking the Court to revoke your probation, find you guilty, and charge you a fine. If the Court revokes your probation, you will be charged s !tree and a coovkdm wit be filed against you. This fine is to addition to my probation few and coos you paid. Ming a waiver of your right to appear for your bearing will result to your Probation being revoked, and you will be charged a fine and a conviction will be Ned against you. WHAT HAPPEK, IF YOU DO NOT COMPLY WITH ALL PROBATION COMMONS AND YOU FAH. TO APPEAR OR WAIVit YOUR APPEARANCE ON THR COURT • DATE GIVEN TO YOU? An Alias Caplac Warrant will be Issued for your arrest. e ~ e • w r , J DOCIQT NO. THE STATE OF TZW i IN THE MUNICIPAL COURT NO. 1 i VS. i FOR THE CITY OF DEN M 1 i DENTON COUNTY, TEXAS DIFENDA*►r'S WAr~ OF Tf~ FILn?G OF A MOTI M TO "ATE, ANDtOllt MINI STATE OF _ COUNTY OF 1. I am the Defendant In the aboTe numbered and styled cam; 2. _ I freely, vohmtarUy and knowlingly waive my right to the filing of a Motfoo to Prooetd with an Adjudle tion of Guiit against me by the State of Tvm on behalf of the City of Denton. 3. I furtbw waive my right to any beating to wbkb I may or could have been t uitled with regards to eioiatlog any term or condition of my probation and/or my amended probation. 4. I understand that the Court will revoke my probation, find me gullty and toter a floe spb* we In the amount of i , due witbin j ten (10) days of today's date. s. _ i Ur DUMAND THAT FAELAag TO PAY THE FM ZN723 ® AGAIN;I'P MZ IN NO.4 ADOV116 IN TEN (sq DAYS WnL RESULT IN A CAPIAS PRO FM WARRANT DENG IBM FOR MY ARREST. SWORN TO AND SUBSCRIBED BEFORE ME, on the day of • 199 Defendant / Affiant • Notary PuWk, In and For of County, Deputy Court Clerk, Municipal Court No. 1 • • State of City of Deacon, Denton County, Terns CXH~~/T 25 • • DOCIIRT NO. THE STATIC Or Ti<W ! IN THE MUNICRAL COURT NO. I ! VS. ! FOR THE CITY OF DENTON ! DENTON COUNTY, TEXAS MIIIIIIII STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personalty appeared the mmdersigned afsaat, , wbo after being duly sworn stated: 1. _ 1 am the Defendant in the abort numbered and styled cage; 2. _ 1 base compiled with all coodkiom of my probation or my amended probation, and move for dinniasal of my case; 3. _ 1 did not comply with a0 cooditloas of my probation or amended probation; and a) _ 1 will appear for the Haring on the State's Motion To Proceed With An Adjudication of Gulk. b) _ i wisb to waive my right to the Heariry on the State's Motion To Proceed With An Adjudication of Go*, and I wM file a written Waiver of the Hearing. SWORN TO AND SUBSCRIBED BEFORE ME, on the day of • , l99 Defendant ! Afflaat Notary Public, In and For County, State of e,~rtl~i7' 25 a r' It'14 }}f~~%Trr~.a~1,•,.,~rIJ' ~ y,~y~~Y • DOCKS'T NO. TIM STATE or TT)GS ; IN THE MVWWA.L COURT NO. I VS. roe TM CITY or DENTON } DENTON COUNTY, TLRAS Toe Ddeodam appeared: - Is Tama Pro Ss wtb panne or fatal tuardlae; _ By Wrttts Mods of Attarwy; sod tbo Crwrt bar* roaedww the Dofandau's pis bade of _ GuOq; _ No Cadee; coed Wbr Modish Gw Ddrnd A4WMdhe I Caeswft&Vwvbbk doe bwaby iv'M add Modoe Prate to Ardde 45-%143-U, Tessa Code of Crimioai trow*m' , PAW Is the Ddesdaae sueaadaly aimpledet lee bdow lend and ebKiW twmt sad eondldow for s peiod of days: A. _ Do cot be dwVW or cooridW daq oRe w for a period of _ days; 1. _ Compile as Ala" K&KI" Tntrua far Misses, and pnd& Court wttb eongkdoe cettAate by ; C. _ Compida wimudoe and r_ cmm ding moos wtb parseIs) by: at: Tana Womaa's U-jdwa*ylFan* Towapy _ Unlreadty *(North TvuWCeitd A family Roaaree Chok other _ Compile Sbop&km Aa@Waww Ba Sh* Camu by: E.- Compile hone of amm wdty sw+ics wort at a wmm-W tArmaa swt'lee agency Y Dstoa Cewaty, nod provide Mdtom of mnpldioe to the Court by or. _ Compile Dodse Ton Cwt Prvv: per atladted brochure by ; G. _ ray a probation for and RAM cods tMAMMt f by B.- ray retkudoo to r the smash d f by ; 1. Othw: J. aEArMAR is court on ut !:M P.M , and prorl& to the Court eAdom of mmedut compldion of enh of the tams and coadidom d the Deferral O dw. ENTERED • Judge Prddlog, Muddpd Court No. I City d Dedoo. Dertoa Coedy, Teas t ectify that a true and correct copy of tbta Court Ordw wu swrad by deUvwtLt s copy to: r t) _ Ddeodad and bk&w Past or Legal Guardlan, ho perm os • _ Ddeodaet's Atroeeey, fo peso. ! ey Holt a - • • Cbak, Maddpai Court No. I r r 6 Clty of Dada, Datoe Cotdy, Te • 0 • a • DOCUT NO. TIR STATE OF TEXAS 1 IN TIM WIOCVAL COURT NO. I 1 VS. f FOR TIM CTfY OF DENTON 4 f DENTON COUNTY, TEXAS ON . the Coot plamd lie Def adsat mead abon a Deferred Aqjudkodca I Coa:rwaity Sy ervid s. The State . Defaadaat by bulbar pwd or kSW Nrdiae / sharers bat Ned a Modon Seeidm to ban the Dda&w's probadoe eatcoded, sad additional toms sad modldom wpomd V" tie Ddeodud la lies of the Suu praaeding wih a Mots" to Proeeed With An A•udladm of Gum. Tie court Y d the tglaloe that the beat Inlenu dJdka would be serried by amending tie Ddmdad's probatloo berdn, and k is tbsden ' ORDERED ue d the Defeadam's probaboo be Sod IORM is amended for a period at days n folbn: A. , Do oot be charged or teavided of say _ offense for a period of days; 6. _ Camplele as Akohd [heathers Ftagram far btlasrS and provide Court with comp d w ca dkate by i C. _ Complde ortdadoa sad coeteselleg Sodom with puad(s) by: _ Tam Womn's VvivervitylFamOy TberSpy _ University of Ncetb TajWChiid dt Finay Rescum Ciek Other D. _ Coaspiets Shoplifters Aauq+om Rom &erdy Camae by: ; E. Compkte both d community Sesrla work at a aoo-proflt/bmra szvir+ ymcy in Damao County, sad provide evWmm o( compledoo to the Court by F. _ Complde Ddan Teen Cwt Fregrme per aft-hid berochrre b-- G. _ by an additkeal probadoe fee of f by H. _ Pay reakutwe to ba the amound of S by 1. _ Other: J. _ RFAFFFAR be Court as 0 3.iR p.m., and provide to the Con • evWeoce of sumewful campldioo of eacb of the terms and twodttlom of this Aaimdsd Dderral Order. ENTERED Judge Fraidlnp, Mu kfo Cart No. 1 City of De toe, Duda Covert?, Texas • 1 oway that a true sad corred copy of this Covert Order was Served by delivering a copy to: • • 1) _ Ddeadam and Walber heat or I.eEtd Gvwtoo, to perwe an _ Ddeedaw's Anormy, Is perm 1 by mail as / / ! Z S Clerk, Muaidpd Court No. I City of Dessoa, Dados Canty, Tams • 0 1 :,y • • JUDICIAL POLICY DIRIW M ri10. 95-M RELATIVE TO SEAT BELT AWARENESS PROGRAM It is the Judicial Policy of the City of Denton Municipal Court No. I to msbi in the enforcement of seat beh awareness and usage. It is the Court's philosophy that the two hour course offered by the City of Denton PoUct Department is an excelleol program which will assist In a beigbteoed awareness and usage, therefore, the Judges of this Court are advised that they can per, without motion or a Defendant, that a Defendant be placed on Deferred Adjudktion probation and > by the Court to complete this program. It is also the policy of this Court effective today, January 26, I"S, that any person oo! Court ordered to take this :curse shall pay a fine of SM.00, plus costs upon entering a pica of guilty or no coolest. The parameters ordering a Defendant to take the Course whlk on Deferred Adjudication are. 1. The Court shall place the Defendant on Deferred per Article 42.12 of the Tx.C.C.P.; 2. The Court shall require that the Defendant attend the two hour se_t bell class on a specific date to be set forth in the Order of Deferral; 3. The Judge lh&iLYld give the Defendant any choke In dates to attend the class; i. The Judge shall fill up one class roster before beginning to utilize another class date; The Judge shall require the Derendant to pay to the Court a $7.00 probation fee and $33.00 State Costs (total $40.00), on the date The Judge ptaces the Defendant on deferred. In cases where the Defendant does not have the $40.00 fee, the Judge can In their discretion allow the Defendant to pay fees at a later time as set forth in the Deferred Order; 6. The Judge shall put the Defendant's name and case number on the class roster, and the Defendant shall put In a telephone number where be/she can be contacted in the event the class is canceled; 7. The Judge shall give the Defendant an Information sheet about the class, Its' rules and location; S. Officer Craig and Blalock will pick up the class roster schedule the day 1 before or day of the cLtas, and they are responsible for advising the Court of those who attended and did cot attend; • 9. When the class roster B returned to the Judge, Indicating who attended, the Judge shall require the Clerks to pull each file. The Judge shall do an Order of Dismissal in those cases where the class was attended and fees art paid, and in those cases where the class was cot completed or fees not paid, the Judge sball send the ilk to the Clerks witb a copy of the attendance roll indicating that the Defendant failed to comply so the Clerks can submit the • case to the Prosecutorial Staff' for a Motion to Proceed with an Adjudication of Gush. • • 10. There Is no fee required to be paid to the Police Department for this course. J E~~It3/J ~ 5 e • ~o J t Any questions about this Policy should be directed to Judge White to writing. This Judicial Policy sball remain in effect from day to day and term to term, unless altered, modified, amended, superseded or terminated, in wbok or to part, to writing, by ebe Judge of the Court. WITNESS my official signature, this 26th day of Jaouary, l"J. Z SANDRA H. WHM Municipal Court Judge City of Denton. Muakipal Court No. 1 Denton County, Texas }(1-t l r r' 2 i t • • r ' WAT MT AWARENESS MOGRAM This amended pocky tmeods JPD002 in the Wowing respects, effedive September 28, 1993: 1. The Seat Bell Awareness Clan offered by the Court as a coodkloo of probation 4 being discontinued. 7U Judges should be swan that the last class available k September 27, 1993, and therefore, the Court and the Clerks will mf sign anyone up for this program after Friday, September 22, 1995. 2. Persons charted with a seat bek offense can be offered Deferred after September 22, 1993 under the following conditions: s) Receive ao seat beh Mallon for a period of ninety (90) days; b) Pay probatioo fox of 530.00, plus coats at time of deferred request; and c) Submit an Affidavit of CompliaomNoo-Complism. 3. The waiver floe on an seat bek deferred cases will be $14.00. 4. The fine for persons not taking deferred wW be $32.00, plus costs. Saodm H. White, Municipal Judge 1-4 l ZS P• z~ O P r • • JPD - 013 J-UD All. POLO' DiILAM11 REGARDING It is the Judicial Policy of the City of Denton Municipal Court No. 1 to process parking citations as indicated below. This policy shall be adhered to by all Judges and Court Personnel. A parking citation can ody be bandied in two (2) ways: 1. Pay in full or, 2. Plead not guilty Because the parking citatioas are not filed in the Municipal Court, and complaints art not filed mks a person pkads 'not guilty", there is no provision that allows the Judge(s) to grant time to pay a citation, tbertrore the citations must be paid in hull either within fifteen (IS) days for the bask floe or after fifteen (IS) days rot the eabasced fine. The cleat m are basically bandied administratively through the Clerks Office until a pka of not guilty is entered. Once a pica of not guilty is entered, the citation must be Ned and a complaint generated. The person pleading not guilty will be given an "adult call" evening docket date to appear for pre-trW coalereoa. 7W enmdalat not be ass file at the out WW ssUWL The Defendant Is to be given a Nodoe IX~,pplg[ for a pre-trial conference. In determinlni the name of the Defendant to put on the complaint the Clerk shall reyulm the person pleading oot guilty to produce their Drivers Ucense (a readable photocopy shall be placed in the file). J a person pleads not guilty within the Mao (13) day period, there is no tine enhancement, hams l[, if the oat guilty plea Is entered after the fifteen (13) day period the computer should generate the enhanced fine amount. UWess tbere are axbvmeiy ddpdffcant sakiptisig faders relaW to the offense, the Jo* reariog the ease abouid be copiraat of the new p estawn atad laid be gtdded dies ft. Of course, the penalties printed a the citation are for aoaraW avrted caw said the Judge(s) m rsbe the petaaily sboold aaravried dry be prunes" After a license plait number has received more than three (3) unpaid or uncontested citations, a list will be generated so that the cases can be tiled In the Court end warrant procedures initiated. The warrant process relevant to parking citations will be detailed at a later date in a separate policy directive. • r Ex~, t~,T Zs 23 0 0 • c>• • JPD -001 Ra COh04UNrrY SIEQYICE WORK FROG The Court has implemented a Community Service Work Program. This program will allow Defendants to work off fines if the Judge directs. This program can be utilized by the Judge in the following situations: 1. Persons whom the Court deems art indigent-unable to pay Ron; 2. Persons who have been placed one extended payment plans and continually fail to pay required Instafteots; 3. Persons ordered by the Court to do Community Service Work as part of a probation sentence. The Defendant will appear in Court at an Iadigeocy Hearing or when seeking probation, , and be advised by the Court of how many hours of work are required to satisfy bls/ber fine and costs. The Defendant will be given a completion due date. The Human Resource Department will be In charge of sending tbese Defendants out to the various City Departments to do their work. The Human Resource Department Is responsible for providing the Court with a weekly list of the City Departments that will accept workers. Human Resources Is also responsible for returning a "Defeodant Time Card" to the Court, certifying whether the Defendant completed or did not complete his assigned work hours. The Judge shall require the Defendant to go to the Human Resources Department, on a Tuesday between S-00 a.m. and noon. The Human Resources Department will also be responsible for providing the Court with a monthly report indicating how much work and salary savings the City gained versus the total dollars in fines that were not collected, but which probably would have never been collected because the Defendant would more than likely bad laid them out in jail. Attached are coples of the forms devised that will be utilized in this program by the Court and the Human Resources Department. Sandra H. White, Nfunicipal Judge • Attachments - JPD-M.1 - Community Service Work Order (To be used by Judge) JPD-004.2 - Release (Human Resource Use) JPD404.3 - Defendant Information Sheet (To be used by Judge) , • JPD-004.4 - Defendant Time Card (Human Resource Use) • • Ek~i~+r 25 P~ 2y • • r DOCIrT NO. THE STATE OF TEXAS 1 IH TER MUNICIPAL COURT NO. I 1 VS. 1 FOR TIM CrrV OF DVfM 1 1 DENTON COUNTY. m W camom ON TMS DATE appasmd Ddmdad r Ifo above styled sad aambaed oust, Wbo, beet boa pmrtoufF orestd a rise and eta of 19 which tangos unpold, sad the Court bfrt dtandaed ON the Ddodad b: Required to perform oommunky service work a a put of Mdber Ddrnd A4uaotlon; or Has faced to pet wordy to bfdfa itoiml pgmed speemal. k is hereby ORDMM ADAM= AND WREED tbt the above auoW Ddodad decharp to of the Has and oats by paformdsll Commw*y Sonloe. a fdowe: 1. The Defawad sW Work a MW of kin to be eompltol by 2. The Ddasdad shall Work t 3. The Deftadast's work shall song of sad the Cowl havft4 furtber found tht the wotkfy of mom tbss 1f bourt of Casow*y Smite pr work %UL %U.L NCT work • bsridp as the Ddeadam or tin Dtfesdat's dspoills" Y b hs4or ORDERED, ADJUD® AND MUM do Ike skit nmad Defidst, aid w" o trots tbn boon per wak b paformlad the above adoro0 Coormimitf Service, sod It Is Ndo ORMED, AM)D® A14D D8CRZW tbt Ike Ddodst sW appear at tbt CIq d Rtes Nummi Rsommm Dwartmat QermommO at al L Edery, Wo A (sate at Raivd and Ndw , Dadea. Taw, as todq's We or oe bdore t249 sets for • oetoueSos. DATED, )WV Prttday, Marddpd Carl No. 1 City of Dotes, Duke Corey, Tao • r JPD001.1 r511, Z~- P z5 r • • CrIN or DQf l M DOOMAMM NAML: DOCK VT NO. The followint enoAtlom &a8 prwv your partkipetim b the City of Dedoa Cemmemry Sarrlce Wark Prop= dindtd by the Cart to be completed by I. Coaodw of ban of amunuoity m ike at a depwtmtdipprorod agency. s. Saebfasory perforrseo of atrc6 aa•►In wti k Mtewdoed y the dtpartmeatappnnd apsry. Uac dOwtory pefor mm wM casstlhte the barb for your Oeabrtlon how the Commuory Swdw Wort Propam and will routs Is rvfmW of agar rase ba# w the Court for fuuaw of a nptaa profane warrant of arraal. udda>dsatloa b made y the dgwtnutent•apprond spacy that the agency referral Is wwWL&bk for remom of your pydcal h abltlq to perfors or the agency's lads of atallabk wort., rrmdpmeot way be arrirpd, with Court appeoral. 3. parwPatloo to the Caamumry Serrb Wart Tropm does" ba wr any sials ao you s a City of Daiwa employs nor dos It mkk you to delm nay benefrs of the Mab Wmtar's Co Vmadon Law throoo the Cry of Dmtoe. Mm you we via to a pwtkdw yawl to pafora aarrb, you an sot as aged or wk*yee of the City of Doom. Tin Cry of Dusts bat so rapondb0ky for dabas artdag from your partldpdios In thb prepm wed by agar dpdun oo Us document you agree to ddmd, hdamify, and bold the Cry tf Dadon basic Oros my and d dalma of liability from your partidpuuloa k thb props.. 1 hate nuS or bad read b awe lbe fortgolag medltkm sod nquJr>enas bepand epos ass by the Court's Community Serrtae Wort Order, and I My =dwdasd and wept them. Slpatun of Defended Dim Wksm Dab RELR AAere OF C'ONFMvf lAL IRQORMATM 7Lr lar"n dlos M"a" le NWM=t al trader the law and h NkWd to the lams Criminal History Ramrdt Iafoemadoo Compllsaoe and Nosasdooan Apaaand. 1. , berry rw my parabdas la the Cry sf Delon Mumi*W Cart to Infoca pregnWn pebikho #n Wrohedesr agaads npr=WWraa of tsl Court etalus, sod • invacadom of the offens(e) foe Com aatty Sorb Wort Om m". I Further visa the Cry of Dodos sad its dWartasts ad lb peraossd km any wad sf IlabaWs eider law in reprd Io the we of said ao/idstial bdonoseka by the danaW rodphow of am cwws tq the soderipod. SIGNED: ` ~deadaal) Dsk , W17NLSS: M04.2 (For Use by PWWWd Dept.) LXN~~,r zs • • r DEFENDANT'S NAME: DOCKET NO: HCMF PHONE NO: _ Pkaae dM& wWt skits you Wm Auto Repair Computer. _ Bricklayer _ PrWSmmer Carpentry - Data Entry _ Eiectrkw _ Sask License _ Bookkeepin _ Paint _ rust Plumbiq _ TyPloti L_ WPM) License _ Word Processor N'emft Do you speak Spaalsb! Yes No _ Housecleanla Other foreipa WtSuav? Gardenbsg, Landsnploj Other Pkase AMC List soy pbydW Wnhsioos or your occupatioo: medical problems you rare: Your employer. Work pbooe sa: Days sod boun avallabk to do Community How boj employed tberet SIR Ike Wort? Your work boors: ~ E I I swear that the Information given bet Is true sad correct. Defeodaot's SiSasture Date J JPD001.3 (For Court Use) [ / (3 r 25 P z7 • O i • A • Ddn&W 11.e Carl pdmdoat'~ Nose Cwwl can No. Cori Am4oed A#my: Agwq Addrs: Coaua PerASnq tam: Coot Ordered Bari to Caoplse: fie: Total Hors to Wat h Wedgy TownarsComplaw: pate Taut Harr Comod4d: pate ba Ord No. Taal Ow Dete is ow No. T" )gm, Hear Rm. Heen 1 I E. {I~ The abo►e named DOmAw M DW NOT WW@Mdy aamI'de tW roo" Commwdq Ser►la We& boys. • , Hmma >Asares Coordtaatar Date • • J J DOW.4 (For Hum= Raotuoa and ASeacy Use) X r Z S p. z8 • a • JDP -0OS JUDIGALMU%-.IIYE IF% COURT RECORDS Most but not ail .Munkipal Court Records are open to public inspection during normal business hours. Public records subject to twpectlon include but are not flushed to: All documents and records of any nature ftd In the cue such as citations, tickets, summons, complaints, answers, written documents filed by a party, motions, briefs, exhlblti, orders, dockets, minute boobs, recelpts, warrants, case Jackets, transcripts, sewed and ew-uted warrants, jury Instructions, jury charges, verdicts, judgments, and bond proceedings. Public records NOT to inspection include: (1) Any Court records dealing with juvenile Defendants which are required to be simW by law; (2) MMMMLgLjMLuclgW search warrants; (3) afMdavks of probable cause supporting unsewed or unexecuted search warrants; (4) lnformatloo transferred among attcrueys or parties and n•t:>31~ with the Court; (S) law enforcement records dealing wkb the detection, investigation, and prosecution of crime and n•t~ed with the Court; (b) discovery documents not~ with the Court. HOW TO MAKE RECORDS AVAMADIE TO THE PUBUC 1. Appoint a custodian of records to provide the public with aocess to Court records; 2. Records cannot be removed from the Courts' Offices; 3. Custodian an make copies of requested records sod charge a fee for the copying service. (Fee to be determined and set forth in writing and posted. Fee to certify records should be bigber.) 4. The the ONJIM t Court record requested which must be provided in writing. (See adacbed form to be used to make record request.) S. The law does gtngft you to search or (aspect documents or gatber Information that Is not readily swells , nor does the law require the Court to provide • information In a particular form or format (i.e. tbey must get information in the form that we maintain it). The Court Clerks an herein Instructed that any request to (aped any Court record maisr:alaed by the Court wbieb Is subject to pubBc inspection shall be made only in accordance with this directive, effediye May 1, IM, grad all requests must be made e oe the attwbed Request Form, or If the request is made oo another form k must • • include the information as set forth in our Request Form. p. Z o p • REQUEST FOR COURT RECMw rEum IN MUNIMAL COURT NO. 1 CITY OF DMON, TL AS Today's Date: Date and Time Needed: SpecHk Records Requested: Documents: CauseNo: sty k of Case: Date Flied: Otber Information: Requested by: Bar Card No. Date: Time. Documents Provided by: Date: Time: Requested Document(s) Not Provided beause not subject to pubic iaspectioo: l f L-"X H 181 T- 25 yy \""ks l r Y x ~ r 6,"~ •~s yr^ ` yh~ Yfr ~ ! ti a • r to as Mod tc eapal and fecaltate mNiemest of Jodpoeat NM peMedlap peodwS b thk Cooet, the State of Team on behalf of the Ctq of Denton, Texas, by and through b w City Atloreey, being erepremobd by Ambta d City Ada m"o S"blall Bwr7, has agreed to aompromim and settle, prise to a Show Caw Bearlel as a pee ft Judpneot Nbd for the outs of thirty eve pw=mt 06% of the smoum of the posted ba• bond whkh Y subject to a peodlog Judgmeot NW, pho cam. An offer of settlement pursuant to thin Staadlog Order lo subjed to and waging, 1 opoa parJnaart is M of the amount cakvWed by the Clerk of the Court to be due and owing by a DefesdawSurety, belag teoderod coatemporaneardy with the esectaslan of as Agreed Fuel Jodgmow of Forfehure by a Defendant-Surety or his attorney. Cab to be assessed shah include MR shall Dot be limited to any ream st/warrant fees, service of dvfl dtatbo fees, and any other fees suthorbed by the Texas Code of Criminal Procedure. A Waiver of RJghb rrhkb In attached Loreto sad looorporded berds as if fay set fortb, must also be executed and filed ontemponneoudy with as Agreed ntW Judtmtat of Forfeiture. OWy the DefeodaotSursty actuaDy sawed In theJadgaeat Nid or his attorney, who bas Ned a letter of nWoseotstioe In the rood Forfe tune ease, shad have authority to sip an Agreed Final Judg um of Forfeiture and Waiver of RWO of Saeety. The Court spin to scoops and !afar as Apud FUM Judgsteat of Forfelem is a case wherein a Judgwoot Nhi is pending 9 the codanto of this Standtjg Order have been • satlsfied by the parties. ENn"D thbo day of , 1995. • Jude Proddlstg, MuMcipai Coact No. 1 City of Demos, Deatos Cosoty, Texas • O LX Ht 1317" 75 • o Clvf Dodd No. CAmhrd Do kal Na. STATE OF TEXAS, 1 IN THE MUNICIPAL COURT NO. I PLAINM 1 VS. 1 1 1 PRPiCIPAL I FOR THE CITY OF DENTON AND 1 1 1 SURETVIES), 1 DEFENDANTS 1 DEN-M COUNTY. TEXAS Of DOW AND Of SURETY ON _ euee a for trial the abo to added and Mobeed crAo wbwdn the State of Texas appeared by ber Amltaal CYy Attorney and aeootmend resat for aW and the Ddsdeet/Surecy appeared pro se I by sucrvey, ud a mamcad ready. The DlsdaaVSw* admswlo##W Webtdmo to the Stage of Teaar on the bag bond of DdmdadlPrlodpd, and rooted fief be cam d dm PWntlR'e cause of stow. The Court. after coodda4K the pteedisp and of evidence before k, Mds that so ad%Jew cum b shows for the (Whre of the DdaB @Ll%K d to appear. ruseber, the Court finds so aAkW rseaes wby the JI'DGMENT NISI aftalsrt the Ddmdaot/Sueeey mW the Ddsadest/hbedpd shoald so be made ibid. Further, the pardes bave agreed to redoes the amamt owed under the baf bad. The Court Mb that the DdadsoLM5 rely bar hsswladly wilted ca no rW" • w suet mac hdy is the 'Waiver of Rl{bU of Surat' Ned bads, bxfuft the rtgk of rtndulhr mad the rWA to ilk a •Speclel M of ReAm'. IT K THEZEKNE ORDERED, ADJUDGED AND DECREED that the JUDGbWfT MR is made Mat and that the State of Te:u u PlaSmiff, bate aad recover from DdaWMA Surly, sad Ddadar/PelMpol. Jointly and sererdly the win of It . pine oats aesased per the sumbed Rif of co" bucorpormed bends u furly K forth, due and payable We the Re0ouT of tW Cam thb dots. ENTERED • Judge Prodding. Mumidpal Court No. I Cky of Dada, Denton Cvmdy, Tune AGREED TO: • Asbeaae Chy Attorney Dofm&m /Surety • 4aarsol for Ddembd/Surdy ap~ttt.ra E X H!~► Z S ~D. -3Z \ u • • i. C" Docket N*. Crlmlaal Docket No. STATE OF TEJXAS, f IN THE MUNICRAL COURT NO. I PLAIIaw f VS. f f f PRINCRAL f FOR THR CRY OF DEMON AND f f f SURE'i'Y(>ES), f DEFENDANTS f DENTON COUNTY, TEXAS j CAI R OF RIGHTS OF Sl1RILTY D, the above mused Surety, appearkV In person I by attorney, do bemby ftsely and voluntarily and with knowledge walve any and W rWft whkb I ear bave or w%% have oomarnlog the beg bond of the Defendant-Prtodpal Ned le the above referenced cane numbers, spedfically, but no linked to any right of remktkur and the right to Me a SpscW bill of Review. This welver Is being executed cootemporaneouAy wkb so Agreed Fbul Judgmed of Forfeiture With Reduction of Bond, and I ft+tly tmderttmW tbd the Court will oat soap = Agreed Flan! Judgment of Forfeiture wkbout a vohmtary wakes of rigbb. SIGNED this day of , I" DefeodsotSorety • Attorney for DefeodantSurety J EYH 81 T- 33 0 SY r 0 • • r Cirn Dodd Sa. Cdob l Dodd No. Tim STATV Or TLXAS, 1 IN TIM MUNICIPAL COU91T 000. 1 ►LAVnw 1 1 VS. 1 1 1 root THL CITY Or DVl TON r1UNCItAL f AND 1 f _ f X11 tmas). f DEN TON COUNTY, TLRAS DirJWmANTS 1 BILL OF COSTS PtrtWt to the Stasdlq Order of tie Court regarding Apud rf el Judpene4 of rafdtut %lb Reductba of Bond, Iie below tined cots ere memod to the abort rdasud dv0 esum So wke of Alm Caplu Wuraat s 39.00 T&J" of Now !an saw f IS." Itdere as New Ben Bond 1 S.00 Anampted Surrke of Clrn Chador by: A) Ca tlfled Utah { III _ Registered Man s i C) _ PerwW De0vw7 s (%39.00 + diode o U JI) Adis! Service of C(rn Citation by: A) _ Carolled Man f t) _ Rqrtened Man 1 C) _ rwvonai De6.m7 sl ($39.00 + .nape • *at) TOTAL DUN s • 1, Tom Janet, Clark of the Court, MiddptJ Carl No. 1, Cky of Deetoo, Detoa Cane!, Tam, do b"y cariffy that the above Y a tree and cwrw tateneao of emu due Ir this cane. 1 ll"IST 5 MY HAND. 1hY day Of . L!! Tam Janet. CMrk of tie Cwt. Mwidpal Cart No. 1 • Cky of Didion. Dwoe Catty, Taw By: Deputy CWt CXI-+1~1` 2ig 3 `l r a►7:' ,wK • 0 • . qy- of Date CRY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON. TEXAS 76201 / TELEPHONE (of?) 566.6307 Office 0 the City M&Wer r~ ~V ~ Sll~pp MEMORANDUM R TO. Mayor and Members of the City Council r. o FROM: Lloyd V. Harrell, City !tanager MAC 2 ~ DATE: May 20, 1994 CITY OF CEN70N SUBJECT: Mu,.'^.ipal Court of Record Issues LEGAL DEP - At the regular meeting of the City Council on Tuesday, April 19, Judge Sandra White appeared to seek direction concerning matters affecting the Assistant Municipal Court Judge (See Attachment 1). In order to facilitate a review of these issues, Staff has prepared the following information for Council. Judge White highlighted nine separate personnel concerns affecting the aforementioned position. These will be addressed chronologically as they were presented to council. Question 1: Should a salary range be devised for this position? Comments: At the regular meeting of the City Council on May 17, Tom Klinck, Director of Human Resources, presented information on the salary range for this position. Consensus among the Council was to place the Part-Time A%sistant Municipal Court Judge at Grade 10 and provide the same benefits as other permanent part-time employees. Mr. Klinck remarked that the proposed $17.00 per hour was a good salary range. Please note tha additional information provided in his memorandum of May 12 (Attached 2). Question 2: Should the part-time Judge report directly to Council • ; for yearly Performance A}praisals or should the Judge's performance be reviewed by the Chief Judge with a report and recommendation to Council by the Chief Judge regarding the part-time Judge? Comments During this discussion of this item, Council expressed an interest in having additional information regarding what other citie+ are doing (Attachment 3, page 22). It was determined that a survey would be conducted to determine how other municipalities • are treating the Evaluation process. The Legal Department was asked to review any procedures for coepliance with the law. • • J Question 3: Should the part-time Judge be allowed to engage in the outside practice of law or any other employment activities? ExN~a~ sd p. I • o • ~ o • Comment: Consensus from the Council was that 1.t was reasonable to allow this activity (Sea Attachment 3, page 22). Ouestion 4: Does the council wish to provide any benefits other than the required part-time sick, vacation and retirement pay, such as: a. Payment of any portion of State of Texas Bar dues (estimated at $285.00 per year); b. Payment of any portion of State of Texas Occupational Tax (estimated at $200.00 per year); C. Payment of any portion of Denton County Bar Association dues (estimated at $50.00 per year); d. Payment of any portion of Texas Municipal Court Association dues (estimated at $25.00 per year); e. Payment of any continuing legal education courses, besides the mandatory 12 hour yearly course required of all Judges (Council will fund this mandatory training in the FY 1994-1995 Budget) (estimated at $600.00 per year) I f. and, Payment of any deferred compensation. Comments: Consensus of the Council was to review what procedures were used with other part-time employees as well as attorneys in the Legal Department (See Attachment 3, page 23). Question 5: Does the Council wish to be involved in the selection process of the part-time judge? Comments: It was suggested that council consider using the Municipal Court Committee to review at least three applicants and then make a recommendation to the Council. The consensus was that the decision not be made at thi■ time (See Attachment 3, page 24). qugstion 6: Does the Council have any preference with regards to the advertising of the position? Comments: Consensus of the Council was to determine the normal procedure for advertising and follow that procedure (See Attachment 3, page 24). 4uestion 7: Does the Council wish to provide a judicial robe for the Permanent Part-Time Judge? Comments: Consensus of the Council was to provide a robe for the part-time judge as well as prepare a recommendation concerning • contract judges (See Attachment 3, page 24). , • • An additional issue that needs to be addressed is that of establishinq term limitations for all municipal judges. The City Attorney is prepared to brief the Council on this item. P•Z 0 O • 1 f , 1 This effectively sussarites the Council's response to the questions articulated by Judge White. Staff will be glad to follow up in resolving any outstanding issues. Please advise if I can provide additional inforsation. RESPECTY=Y SUBMITTED: QdVd 4V. rre City Manager Prepared by: Joseph Portugal Assistant to the City Manager • A• 3 • to • City of Denton City Council Minutes April 19, 1994" Page 25 Rick Svehla, Diputy City Manager, continued with miscellaneous Matters from the City Manager. A. The Council had discussed televising a work session in the Council Chambers. Staff had two items available to present to Council on the 26th it they so desired. It the Council did not want to meet on the 26th, the work session could be televised at the first meeting in May. The Council could most in Executive Session in the Civil Defense Room and then move to the Council chambers for the work Session. A time would have to be established to begin the Work Session and it the Executive Session were not completed, Council would have to reconvene after the Regular Session. Consensus of the Council was to not hold a meeting on the 24th. 0. A special meeting was required on May loth to canvass the election. TWU was hosting a special dinner and reception on the same evening for Dr. Chater. The reception would be at 6:30 and the dinner at 7:00 p.m.. As several council members had expressed an interest in attending the event, the Council meeting could be moved up in order to facilitate that event. Council could seat at 5:30 p.m. and be finished by approximately 6:00 p.m. Consensus of the Council was to begin the meeting at 5:30 p.m. for canvassing the election and swearing in new members. 12. There was no official action taken on Executive session items discussed during the Work Session. 13. Nov Business The following items of New business were suggested by Council 1 Members for future agendas. 1 A. Council Member Brock stated that Council had received a • latter from Barbara Coo asking that Council discuss the care of ill/injured animals in the Animal Control Center. Mayor Castleberry felt that the Council should be brought up to date on what was currently being done, under what authority did the Denton Humane Society have to go into the Animal Control Center and any liability issues involved. • B. Council Member Killer asked for a schedule for the Boards • • and Commissions nominating process, the Reception, etc. _J am its ir j(P P• y 0 • a • City of Canton C3.ty Counci; !ti-uNa April 19, 1394 ?,Age 11 tack to discuss the issue. rre s+ stn•nZ%ou14 Os1cw►1Y 9 c0 SP the issue vGen on the vision gro++p council tar a decision. en a cosAination of re~'enue aed otb+c debt, the city had now about $90 m111ioA in debt " MA iult tAx created a halt cant sales tax increase •xp • ss$A ~G4A $ Sp k the of approzlsately Sl-5 million, people who just received that decrease Would lose 4%, unless khec$ was some control. His concern base was approximately between revee aken back, the debt situation in the oomaunltyawo"14t00 stkaoti0 04 t and if there were some comfort !actor of a spending 1144, he v004 feel better about the project, l he olt stathat there was no ted r*. The an146, ~ Pthe 1ppe Who a0%1 4N40 take money Brock that were the elected representatives of Poo isoaW An4 A 1 the people did not like what t oun l was dthng,alsated 414 fl;1`f and replace thaw every year. it Q114c representing the taxpaY+rs, who made those ntheoClty~ deitataok way the Vision Cabinet could take monsy from four votes to do anything on Council. debt with t he coat4itiin9lwith Council awtA in debt, Member emillilon stated that in utilities. There was a different baea what pen os vImi plrq Of what was setting a budget. Vision x t Aolltr year 2001. The project would not be hempere4 Icy pwttl on amount on the project, one of the early concern- iQ + ~`y{yot PaWr Cott was that people who were involve4 in he p t dcass that they had been misled it they 4etersine4 a Ardis aM tbs cots could not be supported tinanciallyed !het Cx4s ~o~r M ~ N not agrea with that concern and muggest sit/ that attend the initial sersion of sacb impKt 04A orw %g six to ontinue the process with that Syw of tne49 yat9K~lty QYSr tbi ptV)sct, 11. Miscellaneous matters from ttA City WASOX. council continued with Mork Sessi.90 It" /D• 7. Tea council rroaived s report, bald # disaualioa er4 gavs t!1q U.0 p staff inn raga."ins yolisies erA yrvice4uc ionf[µ • part-time assistant municiyel )400 P00 mayor Castlabsrz3' suggested P"tiop rbxov h &#a gwaotiQn • • individually. EOU,09111P MOP p~s 0 • 0 • City of Denton city council minutes April 190 1994 Page 20 back to discuss the issue. The members would have already voted on the issue when on the Vision group and then would be coming back to council for a decision. on a combination of revenue and other debt, the City had now about $90 million in debt and had just created a half n increase and of approxi at ly S3-5 million. Heexpressed deconcern es that the people who just received that decrease would loss it unless there was some control. His concern was that the City's debt capacity base was approximately between S1-5 million per year including revenue bonds. Him concern was that the real estate tax would be taken back, the debt situation in the'comsunity would be attacked and if there were some comfort factor of a spending limit, he would feel better about the project. Council Member Brock stated that there was no way the project could take that were money thfrost the e elected itrepr coffers. representatives The olnlth people and oif dtho people did not like what the council was doirK, they could remove and replace them every year. It was the elected officials, representing the taxpayers, who made those decisions. There was no way the vision cabinet could take money from the City an& it took four votes to do anything on Council. Council Member Miller stated that in talking about the $90 million in debt, $30 million was general debt with the rest dealing with utilities. There was a difference between what was visioning and what was setting a budget. Vision was what Denton oulbea din the ollar year 2001. The project would not be hampered by putting on amount on the project. one of the early concerns of Council Member Cott was that people who were involved in the process would feel that they had been misled if they determined a dream and that dream could not be supported financially. Council Member Miller did not agree with that concern and suggested that Council Member Cott attend the initial' session of each impact group and express that concern. Council Member Cott did not do that. It was unfair to • continue the process with that type of negativity over the project. 11. Miscellaneous matters from the City Manager. Council continued with work session Ites 03. 3. The Council received a report, held a discussion and gave • staff direction regarding policies and rocedures affecting the , permanent part-time ansistant municipal fudge position. • • Mayor Castleberry suggested working through each question individually. Sk#11S1'r 2(o P•5 • 0 • City of canton City Coulcil minutes April 190 4994 Page 21 Question 01 dealt with a salary range being devised for the position. Council Member Miller indicated that he was in favor of proceeding with the recommendation to work with Human Resources on a salary range. Consensus of the Council was to proceed with the recommendation of directing the Human Resources Department to survey other cities that employ a permanent part-time judge to determine appropriate salary ranges. Question 02 dealt with whether the part-time judge should report directly to Council for a yearly performance review or should the judge's performance be reviewed by the Chief Judge with a report and recommendation to Council by the Chief Judge. Mayor Castleberry stated that the recommendation of the Municipal Judge was that the part-time judge's performance be reviewed by the . Chief Judge with the Chief Judge making the report and any recommendation concerning salary Increases to the Council. He had a concern that this procedure night not be in accordance with the City Charter provisions. Mike Bucek, Assistant City Attorney, stated that he had raised the issue regarding how the evaluation process would work. The Chief Judge would work with the City Clerk to determine schedules and similar administrative activities. The only issue raised in this item was how the evaluation process would be done. He wanted council to be clear about a termination process. One item used during a termination process was prior evaluations. He had a concern that if the Municipal Judge evaluated and signed those evaluations, they could be used against the Council during a termination procedure. The Iwgal Department was concerned that the council would have no opportunity to sign off on the evaluations. Under the Charter, It the Council was unhappy with the assistant judge, it could fire the assistant judge and that was why the evaluation took on a different light. Council Member Cott asked for a clarification regarding the potential firing of an assistant judge and the results of that firing. • Assistant City Attorney ducak stated that any time the council followed the statute for court of record regarding termination, the • • Coulcil must follow a point of consideration which would probably be V-s employso's evaluations. P•` a • Q • Cityy of Denton City Council Minutes April 19, 1999 Page 22 Council Member Cott stated that the evaluation process aesded to be established by the Council but conducted by the Municipal Judge. Bucek stated that it needed to be certain in whatever was designed if the municipal Judge did the evaluation that there was some kind of review by Council which indicated a final say in the evaluation. Council needed to keep some kind of control over the evaluation. Mayor Castleberry asked what other cities were doing which currently had a court of record. Bucsk stated that Arlington was doing the evaluation by the city Ce)uncil but a survey could be done regarding other cities. Mayor Castleberry stated that he would like to see what other cities were doing. Council Member Miller felt that there was a practical aspect of the Council observing what the judges were doing. There was a Municipal Court Committee to which the judge could report preliminary data prior to a final determination of an evaluation. The Committee could than review that information. White replied that Carrollton had a full-tine judge and a part-time judge and their procedure was to go through a committee similar to Denton$* for reviews. She stated that the actual legislation which would implement the court of record indicated that the governing body would sat the compensation of the assistant judges. The Council had set an initial rate of 417 per hour for an assistant judge which was in the current budget. Mayor Castleberry suggested doing a survey of other cities in this 1 area. Council Member Miller agreed with the suggestion of a survey and • felt that evaluations should not be done with the purpose to protect the City. out of the evaluation process should come favorable results. - he additional Council information but Perry the stated. Lagal a Department review oany procedures. • Question 3 d-Nalt with whether the part-time judge be allowed to engage in outside practice of law or any other employment • • activities. Consensus of the Council was that that was a reasonable reco2mendation. • 0 0 City of Deacon City Council Minutes April 19, 1994 Page 23 Question 4 dealt with whether the Council wished to provide any benefits other than the required part-time sick, vacation and retirement pay. The recommendation of the Municipal Judge was to pay a certain dollar amount, such as $300.00, for a criminal evidence continuing legal education seminar. Mayor Pro Tea Smith agreed with the recommendation to consider payment of a criminal evidence legal seminar up to a certain dollar amount. She felt that was critical for training and continued education of a part-time judge. Mayor Castleberry stated that the Municipal Judge had recommended only payment of the continuing education course. White stated that in addition to the mandatory 12 hour required course, the part-time judge be funded up to $300 for a continuing legal education seminar on evidence. Consensus of the Council was to check what the procedure was with other part-time employees and what was done with the attorneys in the Legal Department. Question 5.dealt with the selection process of the part-time judge. The Municipal Judq*Os recommendation was that the Chlof Judge review the applicants and discuss the finalists with the City Council Municipal Court Committee members, than make a hiring recommendation to the City Council Committee to be presented to the full Council, Council Member Cott felt that this was similar to the prior subject the Council had been discussing. Sucek stated that the normal approach would be to reduce the number of applicants down to three or four, bring those to the Council and Council .lake a selection from at least two applicants. Council Member Cott ask.ad if the Councilos principal interest in the part-time position was related to a cese of a potential lawsuit regarding an incorrect eirinq procedure the Council could not normally have. Sucek stated that the Council had a lot of authority to delegate s the day-to-day operation of the City but if this only individual the Council was looking at was the finalist, could other applicants not interviewed ask* a claim that the Council unlawfully delegated its authority. EXIT Idit 240 p• ~ o T • 0 • Cityy of Denton city council minutes Apri) 19, 1994 Paor. 24 Council eperhaps Miller suggested three applicants using and briny a c finalist to Council. to review n Castleberry adecisionasked regardinq theme iitemthat . be made at this meetingconsensus On this question the subcommittee reviewing at least three applicants land~the Committee • would make a recommendation to the Council. Council Member Chew felt that the Committee should be utilized. Question 6 dealt with the advertising of the part-time position. The Municipal Judge indicated that if the position were advertised in-house only, the applicant pool would consist of all persons employed as attorneys. in the City Attorney's office and the two contract Assistant Judges. it the position were advertised allocated throughout to the State nd the the Judged bUdget torpayafor wspaperladsa and State a Bar of Texas Jour.ial ads. Assistant City Attorney Bucek stated that in order to most Equal Opportunity Employee requirements, there needed to be soma attempt to look outside the City for an applicant. An ad could be run in the Denton paper which would show that the City attempted to look for individuals beyond the present staff. Mayor Castleberry felt that the same procedure should be followed as for other city positions. Consensus of the Council was to determine the normal procedure for advertising. Question robe for the hart time the Council wanted to provide a judge. • council Member Chew felt that the City needed to provide a robe for the part-time judge. White asked if the Council would want to provide robes for the contract judges. Consensus of the Council was to provide a robe for the part-time • judge and return with a recommendation concerning the contract judges. • • White asked if this item could be placed on an agenda as soon as possible due to budget considerations. sXH /is r zG ,a 9 0 • 0 D OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: HONORABLE MAYOR kND CITY COUNCIL MEMBERS FROM: SANDRA H. WHITE, MUNICH'ALJUDGE SUBJECT: Judicial Contracts DATE: July 21, 1994 On late Thursday afternoon, July 14, 1994, I contacted the City Secretary's Office to determine whether the City Attorney had mentioned a City Council agenda date to the City Secretary for the Council to review Judicial Cootr*M, and to reappoint the current Judges before the Court became a Court of Record on August 1, 1994. The City Secretary indicated she had not been contacted by the City Attorney. I advised her this needed to be on an agenda before August 1, 1994, and she advised me to speak with the City Manager, who was not to late Thursday afternoon. On Friday morning, July 15, 1994, 1 spoke with the City Manager, and be advised be would find a date for this item. The City Attorney was out of town on Friday, July 15, 1994, so I spoke with her the morning of Monday, July 18, 1994. She advised me that she bad already spoken to the City Manager and the Mayor, and that the matter would be bard on Thursday, July 21, 1994, at 6:30 p.m. at the Visual Arts Center. She and I agreed that on Tuesday, July 19, 1994, she and I would go to Council together (Executive Session), and because this deak with Persounel matters, I could be present to hand out the proposed Contracts, and then the Council could ask questions. I advised the City Attorney 1 could have proposed Contracts ready for her review on Tuesday, July 19, 1994, around noon. The proposed drafts were submitted to her on Tuesday, July 19, 1994, at 2:00 p.m. She returned the drafts to me with suggested changes which I made that same oftenmoo. I advised the City Attorney before Council meeting that her suggested changes bad been • made, and 1 was in the process or making copies for Council. About 5:20 p.m., I appeared for Council with the Contracts in band and was never asked to join In the Executive Session wherein the Contracts were di<cumed. After Executive Session, I ati:mpted to ascertain from the City Attorney whether the Contracts should be handed out to Council members, to review before the Thursday • Council Meeting. 1 was advised to do as I pleased, with no explanation as to what had transpired in the meeting, that I was advised I would be able to attend. I handed the ' • • Contracts out to Councilman Miller, Councilman Perry and placed a copy to Mayor Castleberry's mallbox. The next morning, Wednesday, July 20, 1994, the City Attorney 9H lost r ZVI p.~ o E p • r Honorable Mayor and City Council Members July 21, 1994 Page two advised my secretary that she would be In a deposition most of the day, but that there were more changes to be made to the Contracts and that her office would make the necessary changes. I received a copy of the requested changes from the City Attorney's Secretary with no explanatioo provided to me for the requested changes. f, therefore, contacted the Mayor to see if be could explain to me the City Attorney's requested changes. I was to Court most of the day, and met with the Mayor at 3:13 p.m. on Wednesday, July 20, 1994, to discuss these City Attorney proposed changes. Before talkies to the Mayor, I made changes to the Contracts which the City Attorney proposed and which did not require any explanation. I then resubmitted the documents to Asslsty' : City Attorney, Jerry Drake, with a memo to the City Attorney, advising the City Attorney that I had made all her suggested changes, except for two (2) which needed to be discussed. (Copy or memo and City Attorney's suggested changes to Contracts attached In packet.) Wben the City Attorney returned from ber deposition at approximately 4:30 p.m., she and i briefly discussed ber proposed changes which I disagreed with. The Chy Attorney then returned about 5:30 p.m. with Assistant City Attorney, Jerry Drape to discuss the changes. I advised ber that I could not agree and I suggested sbe submit what she believed to be ber instnKtions and I would do the same. I left the Office about 6:00 p.m. and returned about 7:30 p.m. The City Attorney and AsslsWA Chy Attorney, Jerry Drake, were in their office. The City Attorney came to my office and again revisited the Contract issue. Sbe then proceeded to advise we that sbe was changing the Contracts again as she felt there were other matters that she could not recommend and she bred just discovered tbem. I advised her that I was still sending the CoracU my proposed drafts. Today, Thursday, July 21, 19%, I received the City Attorney's newest version of the Contracts, withoat my cover menoranduta expiabdog the tfim". Since tbere has now been major changes to the original proposed Contracts, I am providing the Cottocil with the following Information to assist lbem In the evaluation of these Contracts: • Item 1: Comparison chart of Current Agreement and Proposed Agreement and Court of Record Statutory Language Item 2: Minutes of Council Meeting bead May 24, 1994, concerning Terms of Office and Evaluations Item 3: Term of office legislation - Article 29.005 of the Texas Crov_rnment Code and case of BN= vs. Cky of PWnvkw, Court of Appeals of ' • Texas, Amarillo, Feb. 22, 1993, 84 S.W.2d 334. • • Item 4: Local Government Code. Chapter 87 - Removal or County OMr-rs Item 5: Article 5, Section 24 of the Texas State Constitution regarding removal of county Officers rCX N f 1~ ~•r Z7 P•~ O n . . .:,_•.,...,..r-.,......ef~:fnyut`t7VT'KA`MY~:Y fi'f!~: Hooorable Mayor and Cky Council Members July 21, 1994 Page three Item 6: Code of Judicial Conduct - Effective March 1, 19% Item 7: Cky of Denton Cowl of Record IFKtslatioo, H.B. 2331. Chapter 30, Government Code, Subchapter Y. Item 3: Employment Agreement for Sandra H. White, dated September 109 1936 Item 9: Memo, dated July 20, 1994, to Cky Attorney from Municipal Judge with revised proposed changes made by Cky Attorney It was my understanding that my original Employment Agreement was to be utilized and that any required Court of Record Statutory language would be added, not that them would be Contract deletions. I believe the Chan I have provided clearly sbows that my original Contract and my proposed Contract arc In complete harmony, and that required statutory language has been added. As It relates to evaluations and taws, the Minutes 1 have provided again dearly show that k was Council's intent to evaluate all the Judges prior to expiration of their terms. Sinn this was Indicated by Council and my Contract alrady required an annual review, the mquimment for terms argued by the Cky Attorney, seems to iodfcate that their should be two evaluations for myself and one for the Contract Judges- I would suggest to the Honorable Mayor and Cky Coo-ad that If the Contract terms carrot be resolved this evening that the Council should pr odeed with the reappointment of all of the Judges with a a'% 1 -1aat that these Contracts will be discussed at the tint Council meeting to be held In August, 1994. Respectfully submitted, • Sandra H. White SHW:cm Attachments ~~tH 1 d~f Z h P•3 • i . yrk w~Ttyy.jr (r ~i "l~ S p~ "J A '1~' J . J qq3^ S 1 ti • fA.fry• % Y I_. O • r . a • COIIPARN011 OF CURRJPR AClMA' AM PROPO® AGRQARINT AND COtIR'T M RRCORD STATUTORY I ANGUA(X 17Krom AQRampR COURT OF ANCORO StATUTORT tANIDUA9teler 1. VOW o+9by~+ k OCIA" 1, 1. CYy don Aw.y Wa Y a # y swam N. WNW JJR,~,W M On wadw d Ow hid! wsddpl OWN d 1"ll. for a prW at two (2) rank loyal" w okr to ay nar; Ib Pmums isdy d Ike at, Am dwwmdn 3. dim Yaw wYy will to W.tt9 smawliy, of Aymtt, 19K W wwWms tkrm~t dat . nrtbd d del" On Jdrm d m mrddpl ant of nerd pymW Y YwRwmwm d as war tltwr w i4r Jay M. IIiM, d w sawn! Ykwy d S I,INIJII, yi (II mokp q w Karam okd tawHw for ab moors d 14 City an pit. mmmwl dawn/ awywdehm wlrrdlmm of d Ins mMmbtwrr of ■ mmkW jm* by Its as 412 of tow Want (4s) d Ib am" rmtwy W do ano tb dtys bom to P"uw rrdar IM Ih m Cy wit//rlwm. 1. QmmmjOw My d m w Y pop wO he J. CYy " Awmy We Y rsdrw t4 Mtwkysl /R,,~ (d A mwoky! 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Jim aNMn, On Mwleyt 1 hL* }k 4 1mR a an d wbkb k City Cond W rgtnd! do yes okwY ymw boo dtnfmd brae, and ktagwmlol b+dm w 9bYm Rwr to wok dowdy wM l4 Mwalpl Can r. • CkAkm What is rwdo Can twseslmd. rawrtm*i" pmwokww W Y,410110 tb rwldpl rsrl emyaw mywoa, f • • 0 • r • CVRRIQfT AGRJSh@IT IROr0611111), AGRWedfT 001JUT Of RECORD bTATIfl'ORT LANGUAGE, e. ftL%lJ R LDmY@MMR: it Is vnsyakvd that You d. it Is rw"gdwl by the Cky Chat IAe Mw cW JudV 106ILM l:l A municipal judo it owrN to receive w hove Io devate a Moves tied of Jar ILrw NO d& apt devdr lie w ottdde wrmrd office bas of mkq and rJw ►enfito ad by the fen oinq W* of she orrrl dflm hows to bm&m of W Cloy, mad to atwnd to W iubm of the City, and ilmrdon, the city. Tb %wbp% salary wry sot be d whWoh d Arty Am Ihd ord. ym will be alMwed to take c"epwotory Cry ye 1hr the bfsri41 Judeo rill brdow.d turf of oft". T4 ad" my roe M Wed dbadly or home OR as yes" dmoo oppnvrlel- drift std to taha O~ podory else oR as 11ddw *40 /om bwks ly as flows. As, or adw ONU am W mtsddpd marl Nina bows. pn.idut. owevr, your drag oppenvrbe brim mew awowd was horse Jedp lo ngtked by low I" afkd drstf a tan of offs". dente yew Mein dwe is the pwfwmmm d the pnddod. bowo.w, *All III ut Jere Arp dude dwls o d *A ad gad rare dim No I If) hown hklbs erbn LINK M 14 ptm WWANO" of ON dwis &,J,tif W The nuddpd Judge dW devote M time u N wM► is Inc iy. c"emltly. r wM aewlky had deal ON Va d Moro Oar is Ilel hewn pr the dwks of the dike r aoaran. a moodal brim whew W prier optimal of the W" to 9WK*hW awrohby, IN dbr Moallly Cry Co melt. ampwdw bwkom without W pro appr"vd of Ike City. The CMy Cooed Imirmby, eons to badfd for and Ml yew trud and otthdtoom eapue Imo The City bw* was is budget for awl pay far prefmlad mod dndd Aevdeposd to atequMdy Invd mad oaiwitsw eyrms for pnfw I and 144 pvumo oo.rI ofitdd mod othr /sallow fw the Official 6"iopwwl N adqukaly purr swomtry City. bdd4g, bad mod Rritod Is, W Tnw Now oficW and actor fmdkrt for W Qty. ladrwaf. Coavswloa. Tor bhsdctpw Jwme1 Am ialm sad tot am W&W to. W Toe Par Cow"WWa6 Teas i ushviy mmkrm rglrrl. Ado, fed low or Muddi l lwdgm's Aedwbw, sal hodI sadomm fovarmanww a I W eawwdnr Ilms whkh -Om a% Immk Iwo or firworsommad POW" yo■ wane r 0 oombr. awd awrittow tbseof whkh b hie ow-m r o Member. Q Thm City Cad she apes to bwdgd fw yew O travel mad MYdun ovum for short morass, d, 1110 City air over M be40 far W Murddpd bAYw s mad omWn flow on atoeo I for yew Mile's grand had mddaaan egom for tort pomhotoml dndopMw. mod for W pod of the City comas, dwtituts Note mmbom Qt we penury for \ fWR of Drew. Mw%w psdsioAd dnolopwtd, W far W pate of W City of Drew. The COY Cowed arour is bayed turf My the prnfsiotal r mod wisoAptlawe wonary for T. The City iris to lwyt wd py the prdsaleowl yew awbsosM ad M peakipatioo. I.iray dtm mod oiwriplbs weary W da Mrutdpd the Wdkq of rurvri a - offks to ■stbwd. Jwye'o erbalbt me M PMOdPatlew, IwdeAtf 0, woo vl low woodrlets and the butiy of ntpadY dam IN awbtd, rg4wal, wpmhmdmw artery ail ddr%L v for yaw 410 Mod bat oametiwbw tr1 orpdolOM • awiwwd fr"fM I ponklpwlew, rewth and rrawy aad d00ittlb for bmw mods me D&OMM u . od W W pod Of W Cry d Deow. pnfsdeMd pwddpm&% Vomit awe Mdvawstwmd, and far the pd of the City of ummom f. (LongbRA U~ 1'w shall be POW Your 1. The city are so pay tbt MoAkipw Jwdp'e rolamim erpatmss with rapaO to yew amore le nloadIn npum so Dmoo. Tnr, iadd the Drove prnu s to City of Dawm Pammmd Policy Muddps' JWpm locale to the Cry d Drw. No. lei.". • • • Q . 0 • f t. F • .r (IMMOff A(:rrJO41M PR PONtD A(AiRrAwMT COI)PT (N' KM W rTATVIMV L AIAM 1. Dram dw Arnow of WI Aieeeea•/ i Mwdryd r M AMFL AIM OF OTI= IAMB. The )rdp dell emt/y wlsi an pr.YMr d tie Cade d pars dw nirAiy rri4tpl ewb of reto the peed Jr.- CwAae. IM Dwwaw Chy CLwtr. Cmow dw eeim jrrllte teed w wawwe wt eeeweA by W 31 of tie Tar Genera Costs. Seielsylr T. bw rgp iwr smeklpl nowto, ad my choew penhlm or ewd or dkw yrlk" hree well/ M lie rdrrrn of The dy IdmiW4 M Ae wmkyd tam q/y M e'wdYa d Ilse Dwtoe Mrelelid Comrl f ihnrd, a w.lelrf nw1 of nmld rdw or low, dar(w pe•1dew. rd Mselsw Aatlr r o MyMrMe. or rdmo m Is he roflse r bnrdfeM rills Ai widllow. IMLILI" The wmiys )Wp mod be ■ DesA oorwy IN pd dm b w to Ili dde. The jwO Wood be a Alison s Ao Uid Stow mA rmNai d Ad Idle hd end ar M e radAnl Of lb dy. i, rrrnra d Swim li. The P I *P% Jdre W IM "I epr llsol lie Ch1 IIK ~ kl A wwtdpl J84e or eddem w Ilc t i.l! d Ilse Clay C1rtr, r Mri1'd Jdr. rom 010111 re.ler AI l l III Jews peilr.r.w help way he raas.d from sake to the were prnYeA Irre r W iWrr of Ae City Commit ed way be eewdo /Octal H AI Mew of All Ap"Mm, M Iamvw of e nrdy iM at ham JdR. AA o*er - bee owflgwwa r cry Uwe. Per IMm VW N t M oOleww of AY Apmwlr md i `b remisa. the swm of yew erylymed doll ad be of icis Jews me W yet arm of dllr. Tb eeijee is W Ill It IeerI Aiow of the Clsy. City dd ad raw m ow k6~ lave bea stake Marv maw Mm wit perwwm ho red Its e.nrdmcr wth Article S. Sealx u of On Tar f~ Comllkdlm ed ctww v of at Id Goewwwer Codl, wild wb Mils Ae aba for rmm of a Cerny Cori r Idw hobs, wwi o/Mcgh ft di fth~ A/modal by ChWw 31 of On Tema Cwrw~od all Cdr. $&&Ww T. ye 11. fwomd to Cbmp r 29.A11 of Ae Tema Goewamal K S Code, dddA tom Chy hr to ngplm r lib oNw W row by she /IA by blew* tits e I l 0 d as w 1 Mwdelyd h;l'I dew of dM. an as Mlmlefd Jwrr due aroAww b swee M reAbr iwm of dram M/w kV w Ae ra tlrt Ae pwbw Ism of I • 0 POOR QUALITI' DOCUMENT City of Denton city council minutes May 24, 1994 Page 3 i Dubose indicated that last year the account ended with $35,000 collected and that appeared to be a seasonal revenue as well. Mayor Castleberry asked staff to research why that revenue was down. DuBose stated that zoning permits and building permits had increased over last year. Certificates of occupancy were up frcm last year as were lands:aping permits. Those areas were growth related and were up from last year. In the misce113neous revenues category, interest income was down from the prior year due to lower interest rates over the past 9 months. The majority of tax money came in in December and January and the City was just now investing that money. Transfers were on schedule for this year. Figures indicated that total revenue was 3% over last year. City Manager Harrell stated that the City had a good year last year revenue wise and anticipated an equally good year this year. Council Member Miller asked about the delinquent ad valorem tax figure. i DuBose stated that the City had a shrinking base for taxes and what was being turned over to the collection agency was smaller. Expenditures were within a 11 variance for overall expenditures for the general fund over last year. Reasons for the overages included vacant positions last year which were now fillet, increased maintenance costs, payouts for employees who left the City, and vehicle maintenance. Council Member Cott asked about expenses which were most likely to ¢ increase and ones most likely to decrease. DuBose stated that in the past few years there had been many unmet i needs such as capital items and reduction of staff. She reviewed the utility accounts which were on target for budgeted amounts. • s]a.a discussion and gave 3: '!'M; es affecti•g the pe n terW!Wn1 ~t terms of office rt- d . f of tntf tbOlN WW-WWAW J P tygaI Assistant to the City Manager, stated that he e iVriV' 'hi (}tleip4Y`' Jud4e1a gtostions for council igprl~M is~i0n S dealt'Vith the salary for the part-time • O Tb* zooonasn"tion was to placa the position in a grade 30 at 17 per hour. X N r dir 1 • c~ • POOR QUALITY DOCUMENT lab x City of Denton City Council Minutes May 24, 1994 Page 4 Consensus of the Council was to follow that recommendation. Pgrtugal stated "t question 2 dealt with the annual evaluation for the position: Council had requested additional information and Legal review of this question. Mayor Castleberry stated that Council had discussed the possibility of having the Court Subcommittee handle the evaluation and report to Council. Council Memberjerry stated that as Council was a small group, he felts :.the, entire Council rather than a subcommittee could partic pate in the evaluations. The Council reviewed their current employees and he wanted to be consistent with all their employees. This was a Charter responsibility and considering the number of the council, would not be a difficult task. Council Member Smith agreed that the Council was a small body and she would like to be able to be involved with the appraisals. Sandra White, Municipal Judge, stated that the Human Resources s Department had done a survey of local entities regarding these issues. She had conducted her own survey and it appeared that there were some differences in the information from the same cities. Her information was from the judges in the cities surveyed. Few cities had a permanent part-time judge as most were contract judges. With the evaluation process, most cities used the system for the contract/part-time judge evaluation which went through the full-time judge with input to the Council. There was no clear answer from any of the cities. Council Member Cott asked if under the State Bar, the results of the judge came back to the Council. If a judge made a mistake, did it come back to the Council. 1 White replied no that there was judicial immunity unless a judge was grossly not following the law. • Council Ksmber• Cott stated--that as the Council had the responslbilit}"Qt,.t y$th,the_permanent judge, they should have-the saii TolpoA~ ibr~lEin! nlth-an associate judge. Tom Klinck, Di{ ;_o u#+4 foµ;ces,.stateeqq,~~~~l1l1at pose of the sera , hNi1li3+tIR! Council Would a ti,laa .orsetact • O • j s And 1-f th Co ap t ad t~l5aa juthey had to enter i M a `i~th them. Ifhe~ judges ca ul!-time s a on what that' cold be call Currently ORr61T Z#1 P•8 0 • 0 • POOR QUALITY DOC,?OV' Cal City of Denton City council minutes May 24, 1994 Page 5 the special agreement judges were paid $25 per hour. With the benefits and recommended salary triers would be a 25% additional cost to the organization for recommended benefits for a part-time employee. It-M'n9-CO1Mc1l choice whether to hire a part-time SUP1 s paid A' $17 r hour with part-time benefits or do a po Mi'lt` $25 per hour. The Council would gw,~! stlll"eappoint, select and enter into a contract with the individu4l., City Atrcorney Drayovitch reminded Council that there were Charter ark atutory provisions for the appointment of judges which were not" 6 d legated. In Austin, the mun i udor was ovaiuated ' aLber not the indkvtdaal vas reappointed not' th judge did not know the salaries of the " , ti d eip►t give raises based on „ e as ther or not the judge s wo*IdUm ea in an additfonal•.tesrt... Council Member Perry stated that he warted a first class Court of Record and felt that a specific part-time permanent position was same drespecte as that needed the position would be etreatede with Court permanent judge's position. r 1JNftL Op-that part of the problem was the word Council discussed r :~4W'iaM 16va2dtticm. The Council a juiigi., Ronwfng a contract was a 1 ajtuaiion than a forsel evaluation and did not r S"r~-a tarsal evaluation. Council Member Miller asked how many judges were currently involved with the Court. White replied that there were two contract judges and one permanent judge. • Council Member Miller asked how that would change with the Court of Record. White replied that there would be a pool of the two contract judges and a part-time fudge. • Council Member diller stated that there would be three judges in addition to the full-time judge. • • the extra White current contract decide judges. The hours to replied the time, for correct. the two Council tot It I Nor I P. 9 • a • POOR QUA LAY DOCVM ' ii 238 City of Denton City Council Minutes May 24, 1994 page 6 Miller stated that the cision was how the Council a •d to run the Court of Rec d. n• .time u white replied that she had proposed a regular part-time position as she had been under the impression that if the individual were scheduled for 20 hours per week, by law, part-time employee. She now know that that h waperson not nkc•ssarilyso. The current contract ju•-iges could be scheduled for 20 hours per week if she were gone on vacation. It was not always known how long a docket would last. It there were a not number of hours per week and the dockets went over that set number, there would be no other money budgeted for those hours. Most of the additional hours were night-time hours for the new Court of Record. Council Member Miller asked if the current contract judges would be available for those hours. He felt that the Council had been operating under one set of assumptions and now those assumptions might not be correct. With a contract judge, it would be easy to move into a permanent part-time judge later. It would be difficult to go the other way around. He questioned it it would be better to go with a contract judge who would be available for certain hours, responsible to Council, etc. Mayor Castleberry indicated that council had taken two consensus to have to that that the • ployee wiould be udge. Did Council want to and evaluated by the Council. wow l She as ed what hours the current contract judges worked. • white replied that Judge Ramsey did weekend jail arraignment* and a night docket twice a month dealing with juvenile traffic and alcohol violations. He did some spacial assignrants during the day and normally worked 10 hours per week. Council mp•te paper asked work associated with came the l night early or late to co . I • , White :.plied no. • • Council Member Smith asked about Judge Cooper. EXNlgrt Z7 pe 10 m • a • POOR QLAUTY DOCVM$W L3~ City of Denton City Council Minutes May 24, 1994 Page 7 7 hours and Judge Cooper worked the juvenile White replied the paper work associated with that court docket f That docket was scheduled for twice a month until the Court moved into its new facility. After that it would be held four times a month. Judge Cooper also worked at the jail on Tuesday mornings. Seven hours per week was what the Council had budgeted for for Judge Cooper. Council Member Smith asked if the Court of Record would increase the need for additional dockets and judges. created for the replied White h additional dockets would Court of Record such as two attorn y dockets, e three night tire adult dockets plus there was an increase in jail activity with video arraignments. t that Council ember jhow should do the evaluation. Heofeltl had to app appooi the basis u ntil the arrangement of Record was started to seedwhaon a t was needed. Council Member Cott asked if there was a significant backlog of cases. White replied dockets had to be cathere was no ncelled but she was keeping cases. the n up with the dockets anticipating the volume once the Court of Record began. hire a a part-U& wtad MIL I ON pill fll~ " had > !or a spec ! 9 , of time and the indav dual would be evaluated bY. W 1 Council Member Miller felt that there had been a change of 1 circumstances and questioned the need for a permanent part-time judge. He felt that the Court could continue with the current • judges. The prior understanding was that the Court had to have another judge and he felt that that preliminary recommendation might not now apply. i council Member Perry stated that by the time an individual were appointed and Council was through the budget process, the extra { position would be needed. He felt that there was a need for such { • a position. • • Council Member Cott stated that he would rather have the extra appointee going into the r.ew court and reduce a position later if recessary rather than not have the proper amount of people. 69141&r 217 P• 11 1 • • 24U City of Denton city council minutes May 24, 1994 Page 8 Council Member S.eith felt that Judges Cooper and Ramsey were relief judges and were not permanent positions. Sne felt that a permanent part-time position was needed and that the other judges could fill in when needed. She did not want to be rhort-handed with the new court. White asked if the position would be paid hourly or by salary. Mayor Castleberry summarized again that there would be a permanent part-time position which would be evaluated by Cot,ncil. The position would have a definite 'came period for term of office. Council Member Killer felt that the Council was operating under previous information. Other cities with a court of record operated without a permanent part-time judge and he felt that the process was being complicated by adding this position. He felt it was not necessary. r Portugal stated that Question 3 dealt with allowing the permanent part-time judge to engage in employment outside city hours. Previous consensus of the Council was to allow such employment and Council had considered that a reasonable request. Consensus of the Council was that outside employment would be allowed. Portugal stated that Question 4 dealt with providing additional benefits in addition to the normal part-time position benefits. Those included bar dues, occupational tax, Denton County Bar Association dues, Municipal Court Association dues, continuing 1 education and deferred compensation. Consensus of the Council at the last meeting was that additional information was needed and no decision was made regarding such benefits. 0 Mayor Castleberry asked which of those benefits were given to other permanent part-time employees. City Attorney Drayovitch stated that currently there was no other employee in a similar situation. e Mayor Castleberry stated that as other employees did not have deferred compensation as a benefit this position should not either. e He asked about a legal continuing education course which was approximately $600 per year for mandatory course work. 9Y N 16ltZ7 PO ~z o • 0 • L41 City of Denton City Council Minutes May 21, 1991 Page 9 Council Member Miller stated that Y course work. portugal replied yes. White felt that Council had agreed that an vas a good training course for the individual an was ay for a portion of that Aoftcourse but had not decided an amount. Mayor Castleberry asked if there were any permanent part-time employees who received payment for course work. Klinck stated that other part-time employees could receive educational course work paid within the departmental budget. Every department director could pay non-mandatory fees at his discretion. C psensus of the Council was to pay the $660 fof,4"w a&M#%q y agwAtf4XVind follow the regular personnel policy for any additional courses. Mayor Castleberry asked about the payment of bar dues. He asked if the City paid any dues to organizations. City Attorney Drayovitch stated that the City paid bar dues for every full time attorney but not for any contract attorneys. White suggested that if the individual had outside employment, the City not pay the dues. If the individual did not have outside employment, the City would pay the dues. Mayor Castleberry suggested paying not, the eIS Aba ntire amount would be pale. Consensus of t individual hadout ids cemployment. If the individual were retired • cr not a practicing attorney, all of the dues would be paid. if mayor the Castleberry l were ea about the he should pay his that / 9G'i1 "WANJOW4 ✓ consensus of the Council was to not pay for the occupational tax. • Mayor Castleberry asked about the payment of a portion of the Denton County Bar Association dues. Klinck stated that the City normally paid dues for one association. P' • Q • r L 'T i City of Denton City Council Minutes May 24, 1994 page 10 Council Member Chew stated that as the Council was paying for the bar association dues, would that not be the one association dues which the City paid. Mayor Castleberry agreed. Consensus of the Council was to not pay for any of the Denton County Bar association dues. Council Member Chaw stated that the bar dues were necessary to practice law and really was not considered dues. / Consensus of the Council was to / inal_ c~Llaa l.tinm. Portugal stated that Question S dealt with the selection process of the part-time judge. Prior Council discussion determined that the Council would have the Municipal Court Committee review the applicants and forward three for Council consideration. Mayor Castleberry summarized that the Subcommittee would handle s reviewing the applicants and bring a recommendation to the entire Council. Consensus of the Council was that the Subcommittee would recommend three applicants to the entire Council. Portugal stated that Question 6 dealt with advertising for the position. Council decided at the prior meeting to follow the procedures used by Human Resources for other City positions. Council Member Miller asked what the normal procedure was for considering individuals within the organization before going out- of-house. Rlinck stated that it would be the discretion of Council whether to • post the job internally or post it out-of-house. Normally special agreement indiviCuals were contract employees and were not considered city employees. i contract employee could not apply for an in-house position, Council Member Miller asked if it were ?.*gal to first post the position in-house. • City Attorney Drayovitch stated that the contract judges were not • • currently city employees. P' j4 P, lr • a 0 zC :arc:, ._r.. ~vtr. "W-4 "A.% far 44 i vlw 3~'.i~'~ f:r:s.: :.~a: :.r `11=i'Z~Z `.`{1,t.ll \'e'1 a Sf~11\\M'1 ~V •'1 1• 93 =_4 frr_:':S'a.tf t + kfil~f !\a t/itri ~~.~.$'A \tk J 1 .e; ::.s~:+_. :"`a .1,•t:a:t •.a a+~ a+a %0~.A NA %V4,00 t_':rc:: Mts.'er %%%tt 414 n.~t \'ant l1+ 1a~,* VAS r*1re{FIrN <6 ti1r..+i 3oag a ~1 s,.,;;tst&d Peat sF4 .y11 r~Nae Council Mosier Cfav felt that the N~alt«N aNuN1~1 4s rAtiSA 111 house as it was a 1s-4a1 posltlolt ARA a1i1 r11►IeNI rvk$4l4. h X146 "1 Assistant city attorney c.`ul.l apl`11' fat tl1e yoal►INN Klinck suggested that the du1~.~MSitts• look 0 Ohs li+$Wg%i applicants and if they had nn 1000 661144►IMJ~ ►H 1 4N+J WW 1 441# 1.1 could then be posted out•of-house, then i Ila► i~11 post Castleberry ou-ofho use sltthere Iwereljn»1ap1+111r1t1i►1j +1W1** Council Member Perry felt the 11oei/1Ht► ahwiiH Fps rM S4 ► ''1 house in ensure that there was no) '411601 HII #6140114 d I~ 0 F'"'O ~ 00' Mayor Castleberry stated that the ?list PONpWest WON ►rr ?10 ►hktt job internally and if there vets n9 4VVIl~Xvo ►1#C ~N~ M,t~ posted out-of-house. Consensus of the Croarrll was s`l It ry IOP Vrea~rll X01#041A# 40t0t Jt, Perry and Cott wanting tai Vwst Miller and Chrw aril K4r'ir Css%lowff/ ttspflfoj ►N 0#0 M''1~ 1' house. Kaycr Castleberry s*A*.*1 "At tt,;s 14,f "YA /alt/I;! ►l.l1l k 2atar ties. ?:.:-rs' ert.st~i 'CkaS ''Itt+A~SvS+4 ~ 4a11K Ii~IZ' i I~"~ I ilk IN ~ I j y • e:yrss.ee: bsr_ SAS sir. revs • 545:1~' ~vjN~N~i fh~+►!• :JuTe." To# 14 idlq f vwf fNA s dam" . : , = is JWO ststti M 410N f i >De♦cs>:,t16~ ge° &fA, 1 • O - • a • s L4J City of Denton City Council Minutes May 24, 1994 Page 11 Klinck stated that the contract judges were appointed by Council. As the Council appointments were different from the City !tanager appointments, the council could define the selection process in any way it wanted. The contract judges and any assistant city attorney would be the only individuals who could apply in-house. Council Member Cott did not want to have any perception of wrong doing and suggested posting out-of-house. Council Member Chew felt that the position should be posted in- house as it was a legal position and any current contract judge or assistant city attorney could apply for the position. Klinck suggested that the Subcommittee look at the internal applicants and if they had no recommendation to council, the job could then be posted out-of-house. Mayor Castleberry suggested posting the position in-house first and then post out-of-house if them were no applicants. Council Member Perry felt the position should be posted out-of- house in ensure that there was no question regarding the position. Mayor Castleberry stated that the first proposal was to post the job internally and if there were no applicants, the job would be posted out-of-house. Consensus of the Council was split with Council Members Smith, Perry and Cott wanting to post out-of-house and council Members Miller and Chew and Mayor Castleberry wanting to only post in- house. Mayor Castleberry stated that this item would be deferred until a later time. Portugal stated that Question 7 dealt with a judicial robe. The • Council decided to provide a robe for a part-time judge and discussed but did not make a decision regardinq robes for the contract judges. Consensus of the Council was to buy robes for all judges. ` t!l,4 s! oa • dealt with tern limitations for the e 06 Its had &dvised her of • • city Att I! 1 no term of offiice ORN Mal Now J 4100 feed rerlwo.1 M`MM =7 11 the-Vans,A&-_V 'term p• 0 • a • 144 city of Denton city council Minutes Kay 24, 1994 Page 12 rul thoffice. for the maor wasya city could,spsclfy ahidiffer ntotermCe However, there* constitutional-limitation of going past two years. C4#tleberry asked if the Council wanted one or two year R QOd&i1. X4mbee- S altO suggested staggering the terms such as was dplo with the Council. Council Member Perry asked if the chief judge would have a two year tire. Coy ":replied&Ves and-the part-time judge would staff witli-a one year term and than have a two year term. City Attorlhoy Drayovitch stated that that could be done wjtho appont.~ of the office. Mayor Castlei"*Y ask*4 if. the Council would like to staggeed...9~tt,tcs.-RLffic.term a e part-e me juiR_Audg44 VW1d have staggered terms. The council received a report, held a discussion and gave staff direction regarding an in rill rinancinq Policy. Lee Allison, Director of Electric utilities, stated that there were theeconomic a few policy areas had i boon edevelopede wthere were hich wouldofollowty ry development policy. It would be funded with economic development funds and would not require any additional funds. The Public Utilities board had requested that only the annual allocation, $250,000 for water and $250,000 for wastewater be available in the • third quarter. This would be available to any developer and would have reduced qualification requirements. The developer would be required to pay for the first 500 feet of offsite improvements of the size needed by the developer. Because the policy was promoting compact growth, the maximum footage would be 2500 feet of offsit• improvements. There would be a preapproved list of six areas to develop and consider, a candidate list, neighborhood cooperation, • a master plan, and marketing potential. ' Council Member Perry asked if the amount put into the plan was • always left over from the budgeted amount. py"Ielf V7 P • 0 D l • p • r J CIAL SWC8 R140E 1 KOW 8aatiel~ on Appoa! Now of Dwkion ~faaVaaa ! Corot pudpaa*t hr pb b= bnd on wdamhm " Grn W bam m wWW pomm dhd to caw pWokkft ebb blow o" M w1N amts L Aleaftp ~op~y on0aam* hr - , " of odba is and ya/ert 1o v v fm 14 0=0 oftt iaWw~EOe m _ OMba oMiotd. POW romwy mr he ddwdam w Mi ai.dd aot Aan Lane ptabd dlnnm 'wdld by WA ter opadol np4tloir xwmo V. VuMd Carly Cwet At Law on appmt it+om lmal Cbbs Upp 1 Dbtllm M i&wm C8APT22 SL NM(TPAL COM" SVPCHAP'PTR A. OBNLRAL PROVISIONS i !l.00L Jnrtadletion !Sm ask aaAtwtalbr fa1J (b) 7ba mmddpal coact bu woom"A Jorhdkdn wto *A Notim mat of a p odad in wbkb %W morddpalld b ballad b a0 abdad mw arbWg aoda- Mara b w teat (1) aria wMaio the tarrRaW kmlb of do moa ddpe t` ; and (1) an p wW abia a* by a Am cot tm aamad 1600. 130 mach tadmamlbr ldl Ammdad by Ado 1101, 7bkd tag, d 10L 11, d lops 1, 1111. BYtmiaal and ahhdny Now rm IM memd.mt, h mbd. roles, nWftW OW a 'te'. 1 l/AOd. Jt1dp Nate at Daehlmr L Jwt1e d par m 7rp `amdm ! d 0#AlW Omt JU40 OW ad as Doddo of bommpb doe rodo ~ oft t pwemd a dy d lmwaerpe l-- 01 ~adw do &ammw m Joan of do pmm o m d pet4hoa *:addod Jad1a wM6wal O~.ua,lM Na JK- hr a OF bead wleh tba pnoYt I~mrdoa of pL I i UAL Tone Of om" The Jade d a m ukw ooart news hr a tmta of @ an of tow pan mdM Ica do T~ Nampo* pow ! CWuWWdoL A mmi*d m~jWp wM od raappd*d by by S"m It 9W by diab US lea som hr L tbaT ~ tars of Wla ~ om dw dab tM pwsin tms ~d amm ~ apbv& • Ammdd by Ada 11W Md Lo/, aL 7% 11,4C JaL 1. ift BYtmird aad Statatoq Now 1111 LoeWlw The IM ammdmmt oddM & reed mw tow . ll r EXI+~g~r 2~ 'n. ~Y ,~ni, e4 1 y~w rK+11~.'i;[p.r7R • • I OFFICE OF THE MUNICIPAL JUDGE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROMt SANDRA H. WHITE SUBJECT: CONTRACTS FOR MUNICIPAL JUDGE AND CONTRACT JUDGES DATE: JULY 20, 1991 Enclosed please find a contract for Municipal Judge, Sandra H. White and the two 121 contract judges, Judge Ramsay and Judge Cooper. These contracts incorporate many of the changes deemed necessary by the City Attorney, but do not include all of the changes that the City Attorney indicated that were required. There are still two points of disagreement and I took the position that I would submit the contracts as I and the contract judges understood the Councils' directives that were indicated in several meetings on this matter. I believe that you will receive contracts that the City Attorney deems appropriate. I would state that in my view these contracts meet current existing contract requirements and in addition encompass additional requirements of the Court of Record legislation and the Code of Judicial Conduct. I and the contract judges look forward to your signature of these contracts and we will be available for any discussion the Council may wish to have to resolve any disputes. • SANDRA H. WHITE Enclosurest Employment Agreement/Judge White Contract/Judge Ramsay O Contract/Judge Cooper • • ps i8 l i ` A • RRYRMUR WTORT O w1w M"ALCOMT rMOUON Awun Ilw fWALTR PMWAL TR FWCAL TO r .TR PWALMlj:~Jn "KAL to sor Maus 14M-0 IM-w 9090-" Ir11-w 1914-Ilw-w /N'ALTR TIO1R OCTOM Iw.w 111IIM 1114.f1$ 191 Me 1. l~w 110"Jo10 1$4.110 i0.1w 1",401 1$t spiw t wl u4R "UP @OY/A 11904 177,111 /w IN $17,411 1 m IQ% MIIVART ".190 1111x0 190 fll.w 11 190 uN au" /[ERUAAT w7.431 $WAR p4AIS w7M7 11 14M MOAN U MC" 841.71 $0.111 114 190.43{ 111Aw4 111&91111 1110M tat t* AML Iw,n) {wull MN43 tl 790 1 1 1MR 61AT 1110.60 10.414 MAN wrm SINU 1 SIMM OWN ulR M1JU ` AMR M"I 1111,1"1 W MIA" ilujv 11 M tmyu 10% 1 MT 1wI01 1114.191 WAgl 17171 1111 It r s 11>. 711 "m skill Aw17rr Iw.119 190.114 w Pull 1111,71 put^ 1 1710 s1UMMJl 907.127 $142.190 M1w 14,41 MOM stxm M ` MAU 11.14$AYI MIMLAw 101141 on^ 11". y uN % • mwmT w1,u4 10.74 SnA43 /19.wt 411.114 M17.1ff Inl.1O upR IN POP, Fx~~a~r to I too ♦ _ • y{ 'M pig. rTlrl~.s'F'~~T!Njh~~ • • r crTY OF DENTON. TWS~ ANNUAL PROOIIAM Of WtVICES FStANC[ MUNICIPAL COU 5 PROGRAM OESCRYTION This organilebw isresponsiNe for adminiol E the litigation of Traffic end CI+1/ C Misdemeanor charges brought agarrt persons within the city limits of Denton, correction of firs assessed, and mainairw V and issuing contain vital words. MAJOR DIVISION GOALS 1. Maintain the Court es on wbaud system of enforwment to provide the Public fair hearings within its priadictien 2. Treat the commuMy with professional courtesy sm respect. 3. Endeavor to administrativeh enforce an adjudication of the Court as a detanent to Class C Misdemeanor crime and traffic offenses. 4. Adapt procedures and operation to the newly enacted Court of Record. 6. Be a Nader among cities and in dre Community in providing Quality service. MAJOR DMSION 01JECTIVES FOR FISCAL YEAR 111W4 1. Continw formal veining for Cart personnel by aadinp them to educational seminars, 2. Acquire a new Municipal Court computer system and initiate conversion to its use. 3. Improve night court ansignowl procedures. 1193-54 1114455 155416 1515,15 WORKLOAD MEASURES ACTUAL 5000ET ESTIMATE P1101POSW 1. Cases filed 25,151 33.600 25,500 25,000 2. Jury Viola 27 30 40 40 3. Non-"y 'Ails held 154 1,000 100 100 4. Wanana issued 1,632 1,500 3,000 3,000 S. Grose revenue 11,406,543 11,141,000 11,505,140 11,100,000 I 1993-94 11!415 1114.15 /1!5.15 PRODUCTIVITY MEASURES ACTUAL 50001T ESTMATE PROPOSED 1. Warrants processed at affidavit session 60% 60% 60% 60% 2. Firth certificates camplotad while customs wsia 16 min 10 min. 10 min. 10 min 222 I1 . t r S • • • 1(UNICIM COURT ACTIVITY ORY EON IULT 1163 FISCALYRF'ISCALYR FISCALYR FSCALYR FISCALYR YR FISCALYR PFJ1CERr 1. NON-PARKING TRAPFIC HA-h IMF-M t9o0-41 1901-42 3"2-•3 1M3-01 IMP-h PREVYR A. CASES MAO 11,711 35,763 16,161 11.IM1 :A731 IsAw 11731 1; 7 IN{POSIT FORMITIND _I 'A 11 7 _ 2 21 12 10 Wi C, FINNS PAID WITHOUT COLLET HKARIMO 7,071 7,622 6,.127 7,141 0,16.7 61111 9U4 01% D. CASKS DISYISIItD(POOR -DP.FTIRRRD) 1112 511 1.716 I_?11 41110 2,172 M6 1171 11, TRIALS BY IUDGE(GUR.TY) 2311 1322 651 RII 474 AO 470 0161 P. TRJAIS BY JUDOS (NOT GUILTY) 11 16 24 21 26 7 U oft% G TRIALS BY JURT (GUILTY) 2s le a 7 11 14 6 47% IVTRW,SIYJURY (MOT GUILTY) a 3 0 4 1 s 2 67% 1. CAMS DISISISS®(DEPERRED) 55 147 176 166 J" 370 1,130 301% J. CAFES APPEALED 775 716 727 400 1,174 1_376 32 2% CDEPENSIVE00fVMODIWISSAIA 2110 1,7/7 22% 1.076 3:17 3,MI 2.372 60% • 411110 F13CALTo FISCALYN FISCALYR FISCALYR FISCALYM ~FIWALYR FIOGV_YR PERCENT • II. PARKING CAGES IMO-N 1116-16 1410-01 19"-02 1"2-" IM-01 IMP-63 PREV YR A.CASESJRL#D 11.015 IIiOIs 13,576 1.11" 13,176 ISAIS 6,I1M 61% a DEPOSIT PORYEITED 3 7 0 0 • 0 6 9% C. PINES PAID WITHOUT COURT HEARING 6,90 0.711 5,539 0,110 6010• 11"T IJJ76 MR 0. CASES DIM12311D("ON-DEFERRED) 241 IA50 149 263 310 43 2N SIM E.TRIAJSIYJUDO@(0UETY) 210 75 AI 23 H 11 SO% • F. TRIALS BY JUDOS (NOT GUILTY) le 2 1 1 s 2 0 •s G. TRIALS BY JURY (GUILTY) 6 0 0 _0 0 • • 0'S • 11. TRIALS IY JURY (NOT GUJISY) 0 1 _,^0 1 0 f YR 1, CASKS DISMISSED (D:PFARED) f 2 2 I • 0 0 04} ' J. CASKS APPEALED N 2 1 - 0 0 0 0 n mr9ml f 28 Pe 3 • t FISCALYRFISCALYR FISCALYR FISCALVII FISCALYR FISCALYR FISCALYR PERCENT III STATE LAM 1MM-01 IMO-M IOM-0l 1"1-Ol low-" 1"3-94 104-03 P%2V YR A. CASES MUD 11114 1.117 2,M1 1,3411 1170 1.371 1.312 lYJi R. UEPOOTf FORFEITED M S 11 12 21 N I0 110A C. FINES PAID WITHOUT COURT WARINO 410 SM 012 111 731 NI 331 78% D. CASES DbMISSED(NON-DEFMRR8D) 111 171 421 W Sb 413 3% M71 N, TRIALS MY JUDOE (GUILTY) I-W 1.M1 1.%o 477 121 211 111 1178 F, TRIALJ IT JUDOR (NOT GUILTY) M 4 13 4 S 7 I 0' ,I TR WJ DY JURY (GUILTY) J 0 2 2 1 2 10F3' LIN I. TRIAIJ IT JURT (NOTGUILTT) _ 2 2 1 1 3 1 1 100% ` I. CASESOISMIS38D(DHFrARID) 71 42 17 40 31 M 03 207% 3. CASES APPEALED 164 _32 71 I• M IZ _ 0 Imo' FISCAL TRFISCALYR Fl3U1l.YR F'mw.YR FJSCALYR MV.AJL YR FlSGI.TR "ACENf IV,CffTORDINANCIS 1100-M IMO-" 1100-01 I"I-02 I"2-» 190341 114-" PREVYR A, CASES FILRD 31.1 1M 371 110 210 394 310 1 Irb • I. DEPOSIT FORFEITED 11 2 i _ O 2 0 1 011 C. FINRS PAID WITHOUT COURT IIFARINO 211 3$1 IM 1" 142 1t0 211 10% D. CASES DISMISSED(WON -DPPERRED) 111 71 11 M Ili 24 74 3"71 8- TRIALS BY JUDGE (GUILTY) 117 2.94 1R 21 it H 97 114% F. TRJALA BY JUDOS (NOT GUILTY) 12 4 0 0 I / I n G. TRIAL! IT JURY (GUILTY) • I 0 0 3 1 0 1'3 • II TRIALS NY RUBY (NOT GUILTY) __0 _ 0 1 1 1 Ism • I. CASES UJSMISSED(DFJ'PJIMA) 0 4 0 II 12271 J CAS013 APPIIAIAD 27, Ill 1 1 - 7 0 0'i 2 ExN~~~r28 i FISCAL YRFISCAL YR Fill SCALYR FISCALYR FIWALYR FtICALYR FtSCALYR PERCEM' V. TOTAL CASES HANDLED 1MS-D IM!'-% DSI-57 1991-93 IMO-" IM-M IM4-171 PREYYR A. CASKS FILED Mill 29,417 13,0111 111,1.2 35.443 38.111 MJw 74% R. DEPOSIT FORFEITED IFS If t• 14 >t b 29 112% C. FINE! PAID WITHOUT COURT HEARING 11,•41 Is mb 12AII Will Itm 12,725 II,IU 89% 0. CASES OISMISSJID(NOM-MMOIRHD) 1.419 Im 2.142 1,4197 31% 21172 1.440 us H. TRW.! BY JUDOR (GUILTY) 4112 1.45• um N22 4.M 842 •11 ton F. TRIAJJ By JUDGE (NOT OIIR.TY) 71 26 41 2" 11 12 15 111% G. TRWA BY JURY (GUILTY) 24 11 I • 11 11 I'll 425 11 TRWJ BY SURY(MOTOUILTY) S • 3 3 • 5 4 0% I. CASES DISMMED(DEFRRRRD) Iw IM 244 297 229 01 1141 2811'! ~ i J. CASES APPEALED 1.012{ 775 804 961 I.61• 1.443 32 2% K. OFFENSIVE DRIVRIG DISMISSALS _ 2.144 1.7117 714" I.•.M 1511 7,441 2.372 69% E'% kin VI. STAJ-t' MEETINGS MERE FIF7.D HVRRY FRIDAY AT 9.40 A.N. • VILSOFTIMiNWAaEROFTICtlTSISS1111DMKRHPAID MIIFHNIIA IIHARIM; TRAFFIC PAR[IMG PHNALCOOH CIFYORDINANCR TOTAI.CASH! JULY t995 417411% 41,IM% 6429% f1147t, VIII, WARRANT! ISSUIID MARRAMI SERVED C(MLI TED COIJJICTION RATH • IS• 111 $24,1"100 141.4FR O 3 /is I70 4?.8 ,4. u • O • Al MU1L SALARY RLVQW Cky AwmW M! Car AMrm Am mW Sdw7 Car A91twa Houma si1,221." Ck7 pro.Wd etr 9t12tt." -41- & so Sat Adoolo s72,M.72 9215".0 161,09.40 us, apeme Dwam MUM $3,70.0 964.776.40 :1,575." , Fed womb sf214"." $I'm." :5!,416.44 s s"A ss1,NO.N ArUn$m sf2,1]6.M s3,fN.M :5!,20.0 i Amok sK,2t6.N 553,5!!." C&rfvo a s57,2N.44 s INA NOdLw d s62,517.M :1,20.0 Plus 10.44 per bar fa wedcmd Jan urdfommu lrrhy 17taU.N i O env 29 • ! ° ' ~ ~Aft ~yw ~ . oy\ ~ .1'67 ,r +P+~A, Fy7,. a • Ns*b..k1 EXECUTIVE DIRECTORS 8 DIRECTORS 14.-w9-a 1994196 COMPENSATION ANNUAL POSITION SALARY DEPUTY CRY MOR. sokm EXEC CYR - UTIL 93,766 EXEC DIIR - FdVACE MA4 EXEC DIR - MSED 86054 . ESC DIR EMRGY SVCS 863488 L7a=C DIR - PLANNING 74,506 DIR - FiECTIRIC UTIL VACANT FIRE CHIEF 74,256 DIR - ENVIVTIL ADM MAN DIR - PARKS & REC 66,019 DR. Humm I" 71,E DIR - INFO SVCS 79341 DIR-TPANOA30 67swo DIR - LIBRARY 61.547 Oil - FISCAL OPNS 867 I Omits /r • O ni . ' , Lt's • 0 • • CITY OF DENTON tPEMOD POSfnON ASSIGNMENT BY JOB FAMILY JANUARI' 1 1995 Rev 3/95 'mompim f h, a l 25 Jd1o 08 V"C[TYMANAOEA pr, i M~ ~61.s~s~o ,to.6.400 JJ20 E>4?i% DRIlTxJTIE• ~R'' 14716 6S q.i~ #R7r~:3r0,. •O4~i+K . 60,161140 66,464 00 K SK m •4/21 646 K 24 JHO 0= DR FOW" 66V~1M`6• a7•►4a.711 676,616 a1 russo.» J120 Ewe oR M&%D KMN," 6MW AG, Q6.m79 6 omw 66,226,16 6Q~p0.66 ~74f0•a1 •Z.•04. Ao:Ja6 •Myp , w1a $WAS 23 JH40 IE = DR Pl. V*W0 66R,166M SOK•OLS MW-06 677,67b.61 JH16 OR BXCTHIC UMMES •Ry~e,•+ sibs 66,6T126 K472.60 ,Iran P0006CHlg' 61t,>l6i~6>i SPA" 62.ew~ao 67,K7A6 JH26 FME OMEP M0.6T 6M , 666.62 667 64 JH30 OR EMI SWAM ADMIN 22 Jo10 00PAR(SI ATWN •,6piM6/ 6/1~7y6.16664.754.M MAK76 JG16 0R HUNAN ilE8MFVX8 M;J Oi ' skom 3 ~ 662,766.x6 Ji126 LonVATEA @I(iWW 46LO6 K1.13 654.66 JO36 Dil niANSPfiEN it loo DIR U BRARY Am DR F19C111. OP"6 Q •BASE SALARY ONLY 31 • 0 • Olomsart of Terms Appraisal Period The tine period for which an employee's performance is appraised and :rated (usually a 12 month period). spprkiisal ratasHaw A *sating at the conclusion of the appraisal period in wh'^d the appraiser and employee discuss the employee's accomplishnonts over the appraisal period utilising the Performance Appraisal Toro. The appraiser informs the employee of his/her overall Performance Rating and the performance rating incentive he/she will receive. The employee and appraiser mutually establish an action plan which to be reviewed periodically throughout the next appraisal period. a:empt employee Any employee who is exempt from the overtime provisions of the Fair Labor Standards Act. Exempt employees are generally constdered ineligible for additional compensation for hours worked in excess of 40 hours per work week. Loma Term susimess incentive Performance incentive available to Executives demonstrating performance above •meets requirements" based on the city Manager's mission, goals and objectives involving specific categories of performance. This incentive is granted solely by the City Manager at the time of the annual performance appraisal as a lump sum payment. i Market Analysis An annual analysis of the current market conducted by the Human Resources Department to determine the City's competitiveness for 1 comparable positions in comparable organisations. Findings from this study along with specific recommendations regarding shifts to the pay ranges may be included in the City Manager's budget to the • City council. Nooe:empt asployso Any employee who is not exempt from the overtime provisions of the Fair Labor Standards Act. Nonexampt employees must be compensated at time and one/half for hours worked in excess of 10 hours per work week. • Overall Performance Rating (OPR) Form , • • A form indicating the employee's overall performance rating with the appropriate signatures. Part of the required performance appraisal documentation to be submitted to the Human Resources Department according to a Published schedule. &Xfi70 Io • ~ • 0 • Pay Grade one of thirteen grades of pay established for regular full time and regular part time employees. There is a 121 increase tr%* each successive midpoint to the next. Aarange of pay that includes a midpoint (competitive rate), a minimum (act of the midpoint), and a maximum (1201 of the midpoint). Performance Appraisal Dooamemtation - Required 1) Perforsnca Appraisal Form (all amployees) Z) overall Performance Rating (OPR) fora (all employees) 3) status cheat (all employees) 4) Rating Justification Form (r fired only for amployeas rated tar exceeds or frequently exceeds). Performamoe Appraisal Form Form to assist in evaluating performanos and conducting performance appraisals. Part of the required Performance Appraisal Documentation to be submitted to the Ruman Resources Department according to a published schedule. Performance Improvement Plan (PiP) A plan of action for unsatisfactory performers that outlines specific objectives to be completed within a specified time period (usu&lly from 3 to 6 months). It the employee has sucessfully completed the objectives outlined in the PIP, he/she is removed from the PIP. If the employee has not sucessfully completed the objectives outlined in the PIP, the supervisor may extend the time period, or may begin termination procedures depending upon the severity of the performance problem. Any employee on a PIP at the time of his/her scheduled performance appraisal is not eligible for an increase in pay .%jc chat review period. Performance Rating incentive (PEI) artil• salary increase based on overall performance rating and qu placement as identified by the Mr Matrix. smployees in the first, second or third quartiles, will receive PRI increases as an adjustment to the hourly rate of pay. Employees in the fourth • quartile will receive a lump sun payment and their hourly rate will not be adjusted. Performanoe aatimg Justification, Porn • Far ssoeeds (asempt) Required documentation used to justify a rating of Far Rxeseds for an exampt employee. Must be submitted with other required Performance Appraisal Documentation. Must be signed by the • Manager/supervisor, Department Director, executive Director, Susan , Resources Director and City Manager. e Pertormaaos Rating Justitioetiom Fors - Far smceeds (Momesemot) Required documentation used to justify a rating of Far,exceeds for nonexempt employees. Must be submitted in addition to other required Performan-A appraisal Documentation. Must be signed by • a • the Manager/Supervisor, Department Director, Exscutive Director, Human Resources Director and City Kanager. Performance Rating Juatifioatiom lore - Frequently Exceeds IEmeerpt) Required documentation used to justify a rating of Frequently Exceeds for exempt *splays**. Must be submitted in addition to other required Performance Appraisal Documentation. Nust be signed by the Kanager/Supsrvisor, Department Director, Executive Director, and Human Resources Director. Performance Rating Ratification Form - Frequently Exceeds (Konesempt) Required documentation used to justify a rating of Frequently Exceeds for nonexempt employees. Must be submitted in addition to other required Performance Appraisal Documentation. Nust be signed by the Kanager/Supervisor, Department Director, Executive Director, and Human Resources Director. Position Control Document produced by the Information Services Department that identifies employees by division. Position Control the following information about the Division: Department Designation (alpha representation), Department Name, Division Designation (numeric representation) and Division Name, and Executive Director's Naas. Position Control contains the following information about all employees within a division: Job Cods, Race, Position Control Number, Type of Employment (i.e. regular full time, part time, etc.), Employee's Social Security Number, Hire Date, Quartile Placement for non-civil service/Pay Step for civil service employees, Hourly Rate of i+ay, and Next Increase Date. Position Control also includes the number of Authorised Positions, the number of vacant Positions, the Total Number of Regular Full Time, Regular Part Time, Seasonal, Temporary, and Special Agreement Personnel. PRI Account Object Code $090 in division budgets which contains funds adequate to fund a normal distribution of performance budgeted according to the Council authorized PRI Katrix and actual quartile placement of employees by division. Pei Fur.' - 2% DisoretionaxT Additional 20 of department/division PRI account set aside in line item 8090 in the City Nanager's Contingency Fund to be transferred according to instructions from the budget oflice by the Executive Director. • PRI Fund - Rzeeutive Director /Director • • Available PRI dollars for directors ;end executive directors moved from their departmental budgets into object code 8092 in City Kanagar's Contingency Furl. OW AA1 PRi Katrix UWAff S1I Ps ,3 O • • r r . _ „r.:Sx 1 t h r `x< y-q ..n cs-, r. »d-^r.,: c4:hJ'YR.a1n3'•w1?1~.5?Ii A matrix which specifier performance categories and gl weell veuartile rating Incentive aneemplo idisteligible topreceive fora tv- month review period. Quartile A division of the pay range into four parts as followsi Quartile 1 (01)1 40 to 901 of the midpoint Quartile 2 (02)s 91 to 1001 of the midpoint Quartils 3 (Q!)s lot to 1101 of the midpoint Quartile 4 (Q4)s iii to 1201 of the midpoint Rating Distributioa/Wormal Distsi utiom Distribution based on performance ratings and. total number of employees in a division. overall distribution should approximate a 'normal distribution' defined as St unsatisfactory, 65% nests Requirements, 201 Frequently txceeds, lot far Zxceeds. status abeet For* used to indicate changes in an employee's personnel status, When submitting -a status sheet as part of the appraisal process, the following information is to be includeds next increase date, overall performance rating, eater's social security number, and employee's adjusted hourly pay. glossary.pri i I i EX I'f l IgI T /Q P• y • Q • VII. Executive Compensation In an effort to provide appropriate compensation for the leadership and management of the City and to better Lanage longer term executive compensation, the following Executive Compensation and Incentive Program will apply to all Executive Directors and Directors. In order to establish internal equity within the Executive Pay Plan, a salary range consistent with the salary range of other City employees was developed. There are six grades in the Executive Pay Plan with an It increase between grades. A Costrol Point has been established for each grade using position analysis information and comparable market data. 212CMIT3 RALUILi All executive incumbents will receive annual reviews. An incumbent whose salary is below 1061 of the established competitive rate will be eligible for a performance rating incentive. The incentive will be Lased on performance in the employee's area(s) of responsibility. The performance increase may be granted as specified in the Percentage Increase Guidelines set for the Executive Pay-for-Performance Plan during the annual budgeting process. Incumbents whose current salary is at or above 1001 3f the established competitive rate are not eligible for a performance increase. COMiUi•lIO1 COMPOUS•T Executive Dirr%:tors and Directors will be rated on the following categories ':r consideration of aijustments to base compensation: Categories of Perfermamoe Thy following categories of performance will be used in evaluating Executive Directors' and Directors' performance. The City Manager • and Executive Directors have flexibility in establishing more specific information, i.e., goals, objectives, etc. within each area in order to determine the level of employee performance in the respective performance level and to tailor the performance evaluation program to individual and/or departmental needs or desires: • a. Departmental Work/Group Related Objectivee/Projects, i.e., , productivity measures O b. Supervisory Skills/Leadership c. Communication 09)(H,O re S Revised 10/94 -32- P • / • w d. Administrative Reporting e, planning and Budgeting f. Teas Participation/professionalisu q. Performance spraisal Performance Rating Incentive (PRI) increases will be made by the City Manager. PRI's for Directors will be recommended by the Nxecutive Director and approved by the City Manager. PRI's shall be granted at the time of the annual review. LOW-T M BOIUM MASNOT INC~NlM COMPONM - all executive incumbents (executive directors and directors) are eligible annually for a performance incentive award program. The program is based on the city's Mission, Coals and objectives in the following areasi e involving eititens and businesses to help deliver services; • Aggressively involving eitiaens In selecting services and products: e identifying and implementing new alternative revenue sources] • Becoming a unique and special city in the metroplex) • Upending and diversifying the local economy by attracting and expanding desirable commercial, industrial, and educational enterprises. Incumbents whose performance is rated "E'xceeds' are eligible for up to a Si award (lump-sum) based on their contributions to She City's Mission, Goals, and Objectives. Incumbents whose performance is rated "Meets Requirements" or "Needs Improvement" are Wt eligible for an award. incentive increases will be granted solely by the City Manager in a lump sum payment. I EXI'f1~~y 8 Revised 10/94 -33- • 'h ~2-~ k i{!•li~ 1 0.5 Yi ki k,,~l!,,,S~S~,,YYN.+eGti • 0 • 6i V. Compensation Program Salary ranges will be established for all regular full-time, non- civil service employees as follows: Minimum (set at lot of the midpoint) Midpoint or Competitive Rate (sat at the 50th percentile of R.no actual average rate of pay of incumbents in relation to the established salary structure and ranking) Maximum (set at 120h of the midpoint) FIGURE 1 Erariple of a Salary Range i ------------------------------i Minimum midpoint Maximum $24,000 5100000 $76,000 PAY GRRD28 Thirteen (11) pay grades have been established for jobs other than civil service, seasonal, special agreement and executive. There is a 12% increase between the midpoints of each pay grade to help ensure a relative separation and to guard against compression of salaries. based on an annual market survey, salary ranges say be adjurted t.3 the competitive rate. Sep•.rate pay structures have also been established for Police and Fire civil service positions. )Additionally, a non-civil serelce recruit position has been added to both Police and Fi-^ pay plans. Please refer to the appropriate tabbed section for a detailed description of each of the thirteen pay grades. • r 40X# 70 eRKMI , y'w~ V ; I • 0 r Part of the PRI program is to manage an employee's salary around the value of the job (midpo'.nL of the salary range). Based on the employee's performance appraisal and current salary, the cnployee may be eligible for an increase in salary or a lump- sum performance reward. Employees whose salary is in the fourth quartile of the salary range established for his/her position and whose performance level warrants a salary increase, will receive the increase as a lump-sum not "rolled into" bass hourly pay. Thus, the city can better manage its longer term compensation costs and, at the same time, provide incentives for o:@,)loyee performance. Part-time employees will receive a performance appraisal in accordance with the schedule established for full-time eap:ogres. The part-time employee will be eligible for a percentage increase in salary equal to that fo_ a full-time employee. The percentage increase will be applied to the halt-time or three quarter-time salary. PRRCUTAO■ INCRRA22 00'DRLIITB! - Each year during the budgetlnq process, the Human Resources Department will develop and •.ak4 recommendations to establish appropriate percentage increase guidelines for equitably and fairly rewarding employses based upon their performance rating and r4lative position in the established salary range of their position. Approved guidelines will be communicated to Department ji:ectors, managers, and oupervisorr in order to properly admini.ter the salary program and reward j employees hued on their performance. DOC4HENTATION - The Human Resources Department will av.ide the appropriate performance appraisal forms and training. 111 ~Xl~ilbir v • a • r 9allDV lifllri IONICITfi. OW NEIgRANDl91 mMunKC0 hp~ 1 VAtf, TO: Distribution lists I, 11, 111 20 17:- umra m>r MU , FROM: Thaws W. Klink, Director o ramccun Personnel/ftloyse Relations DATE: September 19, 1991 SM ECT: City Council Adoption of 91/92 Budget - New Salary Management Program On September IT, 1991, City Council voted to adopt the 91/92 Budget that includes implementation of the now salary management program (recomsesided by w1111am M. Mercer, Inc.), affective January 1, 1992. In order to make the transition to the new salary management program it Is necessary for any overdue performance reviews to be submitted to Personnel prior to September 27, 1991, In order to credit the employee with retroactive pay. Any review submitted after this date will be processed, however the effective date of the increase will be the current data. All employees' (Civil Service and Mon-civil Service) will to eligible under the new salary management program for lncrsases in one of three categories. Category A: Employees will receive up to a two stop (or up to b%) merit Increase between October 1 - D/aerber 31, 1991), If eligible. OR Category 9: Employees will recalve a salary Increase equal to the amount necessary to bring them cc the now +Inlmum salary effective January 1, 1992. OR Category C: Employees will receive a 3X a,wp incrsau efrective January 1, 1992. A~ The Categories are explained as follows: • • A Category A employee Is eligible for up to a 2 stop or 6% Increase (unless Top-of-Range) between October 1, 1"1 and December 31, 1991. If an employe • • Memorandum\Maw Salary Management Program page 2 - September 19, 1991 receives a first quarter increase of 3% or greater, they will not be eligible for the 3% group increase in January 1992. If their first quarter step Increase is less than 3% (for example, one step or 2.61) they will receive a 0.5% Increase at January 1, 1992, for a total 3% increase. If the amount of the step increase is Inadequate to bring the employee's salary to the new minimizes salary, they will receive the step increase and an adjusted amount to the new mini" salary. A Category B employee will receive the amount necessary to bring the employee's salary to the new minimum. These employees will not be eligible for the 3% group Increase, unless the new amount necessary to bring them to mini" Is less than 3%. In that case a 3% increase will be granted based on current pay. Category C employees will receive a 3% group Increase. Those employees who are top-of-range for the new salary range will receive their group increase as a lump sum payment, not rolled Into base salary. with the implementation of the new salary management program, January 1, 1992, employee reviews will be based on Performance Rating Incentive (PRI). Although the format for the reviews will change only slightly, the schedule for submission of Performance Rating Incentive reviews has been altered to reflect the January 1, 1992, implementation date. To ensure a smooth transition to the pay for performance component of the salary management program, considerable time will be spent training managers and supervisors on conducting performance evaluations and on administering Performance Review Incentive budgets (as might be funded in future years). The training is targeted for January - April, 1992. For the first year, Performance Rating Incentive reviews will be eomplated, approved and submitted to Personnel In accordance with the following schedule: Service Maintenance January 1, 1992 OfficsiClarical February 1, 1992 Technical/Paraprofessional March 1, 1992 Management/Professional/Exec April 1, 1992 • This review period will serve as a tralning period for evaluation and ranking of employees in appropriate performance categories. These reviews will be used to assist managers and supervisors In determining how to allocate pay-for-performance budgets as they might be actually Implemented In the 1992/93 fiscal year. There will to no pay-for-performance dollars associated with the above schedule of reviews. A This schedule will be adjusted In the 92/93 budget year as follows: Service Maintenance October 1, 1992 • • office/Clerical November 1, 1992 10, Technical/Paraprofessional December 1, 1992 Management/Professional/Exec January 1, 1993 EXN~~9~~ D o • • Memoran Vfty Salary Managwent Program Page 3 - September it, 1991 The deadline for submission of classification appals has been extended to is October 16, 1991. To be considered for appeal, all classification appeals are to be forwarded through the appropriate Executive Director to Personnel, prior to this deadline. If an appeal is being forwarded, please notify personnel of an intent to appeal, so that preparations lacy be Made for scheduling the Appeals Committee. The Appeals Committee will meet and we will attempt to finalize classifications by November I6, 199i. All aoiployess requesting a classification appeal should compete a new Position Responsibility Questionnaire to assist the Committee In making their recommendations. A now Supervisor's Procedural Quidelines and Practice Standards Manual is being finalized to assist to the implementation of the new salary management program, The Manual will aid in ensuring a fair and equitable administration of the program. The implementation of this comprehensive salary management program will result in compensating employees competitively with organizations with which the City competes for labor. It Is also designed to reward employees in direct relation to the value of the position and their Contributions to the success of the City and their Department's goals and objectives. As you have questions or concerns, please contact Setty Wilkins or Sobbia Philip-Harrison at 7751. T ljt~ Thomas M. Klink merapp.mem\rjph • i~KI~I~ r D tI'rv V3, ytrqa~ 1r J "wiQ A,}y ~ti_ • - O • r DEPARTMENT Of MUNICIPAL COURT COQ INII'1~ December 9, 1993 Honorable Sandra H. White Municipal Judge City of Denton, Texas Municipal Building Denton, Texas 76201 RE: Your letter dated November 29, 1993 (copy enclosed) Dear Judge White: The following Is an attempt to provide answers to the questions contained in the above-referenced letter: 1. Yes. 2. Na. 3. Yes, since 1968. 4. Two years and three months. S. Yes, full-time for 2 1/2 years and part-time for 14 years. 6. $72,216.00. 7. No. 8. Hine. From two hours to three hours and 30 minutes. 9. Two. Seven to eight hours. 1 10. No. • 11. The Irving City Council has an in-person performance review approximately every two years. If we can provide you with any additional information, please feel free to contact the undersigned at (214) 721.2429. Since ly, • r XH J 6 ! T' Timo~t y A. Mhlsler / Municipal Court Judgt TAW:cm 905 N O'Connor P O Boa 152288 Irving. Texas 75061 • 1214) 721.2451 L4, I ~ft .'t i • 0 • F%r;C17 GF iR' It •3 p: 214 RF'CF:IVED L: ! Ar~..ffy M V ? 1993 CrtY OF IRVINO OFFICE OF SARY o.-,+soNkel, 'rYofDENTON,TEXAS mumyPAIBUIiDING/DENTON,TfXAS752OF1MfPHONFIOF?1566-9200 OIePCf OF W MVNlOIML A)VU November 29, 7.993 Director of Personnel CJty of Irving P. 0. Box 152286 Irving, Texas 75015-2286 Dear Sir: Pursuant to the Texas Open Records Act, Article 6252-17a, please provide the information listed below regarding your Chief Municipal Judge position(s): 1. Is yyour Chief Judge employed full-time at least 40 hours per week? 2. Is your Chief Judge allowed to practice law? 3. Is your Chief Judge a licensed attorney? If so, how long have they been licensed? 4. How long has the current Chief judge been the Chief Judge? i 5. Was the Chief Judge a judge prior to becoming the Chief Judge? If so, how long? b. What is the annual salary paid to the Chief Judge? 7. Does the Chief Judge receive any other type of compensation? • If so, please state the types and the value, e. How many times per week does the Chief Judge preside on the bench? What is L.,e average length of each session? 9. Now many times per week does the Chief Judge preside for trials? What is the average length of time spent on trials • per week? 10. Does the Chief Judge preside over a Court of Record? If so, for how long? 11. Who reviews the Chief Judge's performance and what type of performance review is conducted? Is it yearly or bi-yoarly? • O • p • Directory of Personnel November 29, 1993 Page two Please submit your responses within ten 110? days to, Office of the Municipal nudge City of Denton 216 a. McKinney Denton, Texas 76266 Sincerely yours, A'414Y.-eA)" SANDRA H. WHITS Municipal Judge SHW1cm i E~Ch~~/3iry E • a r 7 Z en C1rYaf0ENTO/lf, TEXAS w*0~ &k.v.C Z"rc*y% rfxAS 1W7 MFMAINt 41 14#4 K\% November 29, 1993 Director of Personnel City of McAllen P. 0. Box 220 McAllen, Texas 76502 Dear Sir: Pursuant to the Texas Open Records Act, Article 6252.11a, 110APP provide the information listed below regarding your thief MtstAvipAl Judge position(s): 1. Is your Chief Judge employed full-time at leant 40 !•Aurs pal week? yes 2. Is your Chief Judge allowed to practice law?Vss 3. Is your Chief Judge a licensed attorney? If so, how lung have they been licensed? Yes, 12 yearn 4. How long has the current Chief Judge been the Chief Judge? May of 1990. 3y yre 5. Was the Chief Judge a judge prior to becoming the Chief JudyA? If so, how long? No 6. What as the annual salary paid to the Chief Judge? 160,008,00 yrly 1 7. Does the Chief Judge receive any other type of cumpensatlon? If so, please state the types and the value, Mu • 8. How many times per week does the Chief Judge presldy rm this bench? What is the average length of each sessirin? Mnedays, 7„ea4si. 1 Fridays 6 br. per week; On Wednesdays { Thursdays all day I ht teealaha pot dad l 9. Now many times per week does the Chief Judge preside for trials? What is the average length of time spent rih triAlm per week? Tvice p reek; B hr sessions pet day lo. Does the Chief Judge preside over a Ccwrt of Aecord7 If ar,, for how long? No 11. who reviews the Chief Judges performance and what typq of performance review is conducted? Is it yearly or bi-yearly? le e7eluted by City Koular asf city oiewfeefo1"10, E Yf-f / Al T E • 0 5 • _ a • Directory of Personnel November 29, 1993 Page two Please submit your responses within ten (10) days to: Office of the Municipal Judge City of Denton 215 B. McKinney Denton, Texas 76266 Sincerely yours, SANDRA H. WHITE Municipal Judge SHW:cm i .t. 1~1. a city of PMA •M ~IW JoM LMyr7rf 1/•0'FM°r f~ is ~ CMfNny Ilo 1 December 9, 1993 Imo,. A~ The Honorable Sandra H. White office of the Municipal Tudge o•,ur raw City of Denton 215 East McKinney Denton, Texas 76266 as ~•er It" 1 Dear Judge White, • Please find the attached response to the I"W? .N ►4n1Hn!•d questions asked in your letter dated `10"""v" November 29, 1993. If Judge Baggett or I may be of further assistance, feel free to contact one of us at (211) 516-2195. Sincerely, f Mary Jo Nadeau Judicial Secretary Enclosure 16 r /6• 6 ® PC so IM O PWA %W Imm4m Arse Cody ?II - 044M I 114 M J~ J ~ ~ r: . • • • r•w~ . •ir • - • 0 , a n. rye., Ip. ,r _f. 1 w fJy ~ r.lY y I ~ • 0 • RESPONSE TO CITY OF DENTON SURVEY 1. Yes. 2. No. 3. Yes. The Chief Municipal Judge has been a licensed attorney for approximately 10 years. 4. Judge Baggett was classified as the Municipal Court Judge when she began in January, 1989. The City Charter was amended to classify her as Chief Municipal Judge on May 3, 1993. 5. See 14. 6. $51,000. 7. No. 8. Until the backlog of Class C warrants are signed, the Chief Municipal Judge will not preside on the bench except for the Teen Court dockets and only for, other dockets as needed. The Associate Judges preside, on the bench for the majority Qf dockets which allows the Chief Municipal Judge to handle all administrative ma':ters for the approximately 20800 cases filed in tAs Plano Municipal Court per month. The Chief Municipal Judge reviews the majority of Plano Police Department probable cause affidavits for felonies and Class A and B misdemeanors and issues warrants for such. Last year close to 1,000 warrants for felonies and Class A and B misdemeanors were issued out of the Judge's Office. Besides the police department's warrants, the Chief Municipal Judge must be available for Juvenile Magistrate's Warnings, Emergency Mental Health Commitment warrants, etc., which used to present problems when the Chief Municipal Judge was on the bench full-time. It would be impossible for the Chief Municipal Judge to handle all of the dockets in Court and keep current with administrative duties, because we have court dockets every day almost all day, every Tuesday night and two Monday evenings a month. See attached Court schedule. • when Judge Baggett first became the Municipal Court Judge, she presided in court almost full-time, conducted the vast majority of all arraignments in the Plano jail (including weekends and holidays), and was on-call 24 hours a day. Over the years, she has had to reduce time on the bench because of the many administrative matters which needed her attention because of the ever-increasing • caseload. , 9. See /8. • O 10. No. 11. The City Council conducts an annual evaluation. ~Xl`fl/3iT' E 4,17 • 0 o • • CHART vi - HUMAN RESOURCES DEPARTMENT SALARY SURVEY 1993/94 COMPEENSATION SALARY SURVEY AND - I V4b PERFORMANCE RATING INCENTIVE ALTERNATIVES 4 oft. MUNICIPAL JUDGE Joe / r r . ~ 1 yA i i r1 r a ~~e~n ,i . • fl • r • ,IM MNILNKI ORY OF DMON I jo"AL dtim 171oeA teeam OOMPDMATION SLOW" W 70 IM Dena n,tt„ao„ e1~RtA17 W.M $PAT$ MAN eN,07N IMO = c•noe~ eTeAeQ.eie VA010 as eM KM _ 4p,9M te$MI M144 Me,IN o 1 FT.b/p Grow rMw wwa$,77e tlfe 000 e4eN1M e1,4oo r" 1 FrA*p Gro 0"00" eM<ask9N e1,M0 1 R jwp (10"W01140 uixn6m 2%161 IstA04.947 Istm eTJ,t 6 Sam OpMole 19 1 At 1 AM & L•w010110 sm.4M,M/ 411.000 eMsw e0 1 fT AOep usequiy e7e Mb~t le /09000 ask" M I,M9 1 Ff. v Onnb w Aww P1•n• IM.WIOM 1NA00 M1000 l Adwdem MIAMAee 7e,1M ee4,oM M 1 FTAuep w T••ple MIAKMe 40.900 1% 0 • 0002!~ :k TOTAL AVG MILT TOTAL AMO MICT su'V7 OOMP@MAT10N e41,7M OOMM MATKM CITY OF DBITON WAN OTTY OF DENTON "$A s a" OF DENTON seam AaANITMENT TO Tf" AD AWn*W TO IEACM ADJ TO TIFADN MJYW Ay0%%1S 19. MAI1CET AYMM 14.76% I4KT AVG 1 •AdPAW •IMIIt enN a ••hrT 41"d Ow MvnnN FT . Frbeer PT . POI-eT• • PJ . Pm%" Jndp KH r Paz o L • .~w~WM.RPM~Wa►lrlbM•w..^.M.w~ wirs•isr-n. wun..~.4r..r.-..._..._...._ n. .n..~.n..._. n...+-..~n...nn..ne......rw.r. u.n.wwswwr+s.~.~sar MAYIAM~'~N 'M uR~llr City of DoMon WAS AM MunlclpW JUdV ,ywoer•adl 19MM r mpw"lon PRi M" - AgwrwW" A• a NWWMM SAWY 3 MMM a0 MLfN.M SKY" ~1&40 1,77LM IAM.M k> Alum *Ar r 7LQ 2/J1 7LIS •21.M ~ ,q •wy Ir1M MMO •A IM1/1<N M7gYMM~ •1 M•• ~My. • • P• 3 • a • s ✓WJSAL.IM. CRY OF DLNTON 12!12/94 MUNICIPAL JUDOS 1694!66 OOMPENAATION BLIP VEY i MLMII 01W AA liku o«,4on t t 944 n 4A4 661 "I -4% 44 ,r f~ Ar~01on 61R„670 274.677 060,7x6 60,600 Was 00 2JW0aa CrroM4on 07x,Mq,106 67,213' 667.200 64.600 00r!,oo* 0o 1 FT; 2 PT ~ i Or1r~0 ,171,947 166,600 061.147 061,147 00 1 FTJudpa orand Rib 662.619.640 10=;F 666.772 61,600 966.?Tt 00 1 FT JwdOw Grapevine 016,oo0,o00 32,2W 1 PT Judge a~ww M M0,000 24.600 1 PT Judge Irving 141,900,046 165,100 874.604 x3,600 076.204 00 1 PA. 1 Amm. towbN6m 877.700.000 60,000 CW41111ant we"WIM M0077.4N 106,000 062.472 4112,472 00 1 F7 Judge Pb>to 100.666,000 166.000 066,060 066.OM 60 1 FT; 2 Cwm al Amem Rkhod n 11111,466,N7 761000 Oorlw" Judge Tsa~la 046,07x,460 46 106 1 PT Judge MEN • . I OTAL AVO MKT TOTAL AVO MKT 961,661 1 COYPENSAYM W712 OOMPENOATION • (M OF DEMON 060.661 G fY OF DENTON 061,661 7- MAMIET ON •6x001 • ADJ1►STME}R TO REACH ADJUSTMENT TO FWACH AN TO REACH I AVETiAtiE 10.6611 MARKET AVEPA13E 14.64 WTAVG P AdMn14d rwm* hand on Miry and ow &%monm FT w FVS-11nr PT . PWI-Wft 0 rjprr ,is/ r PJ . RaaidMO Judge Sj • Q • CITY ofDENTON, TEXAS MUNICIPAL BUILDING 1 215 E. MCXINNEY / DENTON, TEXAS 76201 CONFIDENTIAL MEMORANDUM DATE: March 1, 1993 TO. Sandra White, Municipal Judge FROM: Thomas W. Xlinck, Director Human Resources SUBJECT: 1992/1993 Compsensation - hun'_cipal Judge Sandra, this memorandum is to provide clarification on changes to your compensation for the :992/93 budget year, as authorized by the City Council in April, 1993, and as you have expressed your desires. As you also know, the Co=incil authorized a 3t pay adjustment to total compensation effective April 15, 1993. Your authorized total compensation by City Council with the 3t pay adjustment effective April 15, 1993 is $50,260.80. I understand you would like to retain your car allowance at $200.00. Thus, your new annual compensation is appropriately set as follows: Annual Salary: $47,860.80 Annual Car Allowance: 2,400.00 Annual Compensation: $50,260.80 As you are aware, the computer calculates an hourly rate for 2080 hours per year. The new hourly rate is $23.01. • In addition, the Council authorized the annual 4% city contribution to your deferred compensation program. We have prepared the appropriate ICMA Deferred Compensation documents to equal $2,010.43 (less applicable FICA taxes - $153.80), totaling $1,856.63 employer paid contribution to your program effective April 15, 1993 (and, in turn, to stop it). This payment by the City will come from an appropriate account and is to be wire transferred to ICMA Retirement Corporation with the first wire transfer after April 15, , • 1993 (April 23 payroll ending date). • • ~ EXhil~6/T N P• / 8171566.8200 DIFW METPO 131.2529 • as • Cf V *f 0ENT0N, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 CONFIDENTIAL MEMORANDUM DATE: Marc'% 5, 1993 TO: Kathy DuBose, Controller Finance FROM: Thomas M. Klinck, Director Human Resources SUBJECT: 1992/1993 Compsensation - Municipal Judge Kathy, this memorandum is to request your assistance in ensuring that we administratively carry out changes to the Municipal Judge's compensation for the 1992/93 budget year, as authorized by the City Council i pril, 1993, and as Sandra desires. The Council authorized a 31 pay adjustment to total compensation effective April 15, 1993. As the attached status reflects, Sandra's new hourly rate is $23.010 and sets her annual compensation at $50,260.80. In addition, the Council authorized the annual 46 city contribution to her deferred compensation program. Sandra has executed the appropriate ICKA Deferred Compensation documents to make a $2,010.43 (less applicable FICA taxes - $153.80), totalling $1,856.63 for her employer paid contribution to her program effective April 15, 1993. This payment by the City will need to coma from the appropriate account and will need to be wire transferred to ICMA Retirement Corporation with the first wire transfer after April 15, 1993 (April 23 payroll ending date). Attached is the status change reflecting the necessary adjustments • signed by the Mayor. Please assist us in making the proper changes and confirm that changes and appropriate dollars have been completed. If you have any question or need further explanation, please let as • JUs " linc xcr Sandra 01to,, Municipal Judge EX~'R~ y • APP00331.CLR too 2 8171568-8200 D/FW METRO 434.2529 • 6 MONSOON" 'fir ~rn..a iti~+! L". l memo p MY of VENrON, TEXAS DENTON MUNICIPAL COMPLEX • 601 E HICKORY, SUITE A • DENTON, TEXAS 76205 {817) 566.8340 • DFW METRO 434.2519 00"IDZUTIAL M91"40% MDDM TO: Sandra White, Municipal Judge FROMI Thomas W. Klinck, Director of Human Resources DATSt January 27, 1995 /OSJWTI 1994/1995 CO"INSATIOM - MUNICIPAL JUD33 Sandra, this memorandum is to provide clarification on changes to your total compensation for the 1994/1995 budget year, c- authorized by the City Council effective April 15, 1995. As you know, the Council authorized a 61 pay adjustment for the Municipal Judge effective April 15, 1995, making your new base annual income $57,075.20. Your new hourly rate will be $27.44. In addition, the Council authorized the annual 41 city contribution to your deferred compensation program. We have prepared the appropriate ICMA Deferred Compensation documents to equal $2,287.01 (less applicable FICA taxes - $174,64), totaling $2,108.37 employer paid contribution to your program effective April 15, 1995, for payroll ending April 21, 1995. Please review the ICMA Deferred Compensation document, comp:--,:* or change items needed, sign, date, and return by April 6, 1995. Attached is a copy of your status reflecting the necessary pay changes signed by the Mayor. • If you have any questions or need further explanation, please let me know. Thomas W. K1 ck Pe 3 • Director of Human Resources • ` wp APP007A7 "Dedicated to Quafiry Service" • a • • 6SMJSAI W r I CITY OF DENTON 11 0cA)1NS MUNICIPAL JUDGE 1084»6 C0MPEN6ATKIN 6URVEV Nr 14)66/ N NO 57 07 6.7 /IAYEY CITY _ BUD6FT._. POPULA?ION /AlM1Y CM `CoMP..-.. OE1 O06P - C0MMQQ6 $203,006, 570 274,177 {!0.708 $3,600 004,608 /0 JWl" Co461a1 $$6 00.412 $97,200 $4,000 M2.00o N I Fil 1 PT: $ Cw*m D46.4 61.007.000.000 roo,014.102 $64.500 {1,12/ 086,621 /0 t FT Abpb Fan WwIh 907.214.77$ 400400 162,400 1{,600 114,200 00 6 FT: t K A/dp4 Oahnd 6261.92,408 100,69 $93.703 16$,703 N I FTAIdp 0r4r1dh~rM 002,SH,90 102,557 156.772 $1,600 91,272 00 I FTAUdp l air $36,000,000 $2,200 $40.152 $0.152 00 1 FT Adp j GiMnr114 $49,700,000 2400 I PT A1/p ~ww 9141.030,0N 166,100 $74,64 $3,000 $16.201 io 1 PA I Anus ~1M4`i 93), 700.000 53,000 Cawm41 A1dp 444arr 000,977.49 +06.000 $92.472 N2A72 a 1 FTAAp °'""O 6100.66!.000 166,600 $554062 $51,62 00 1 "JCa1 WAswe F►a+4rou" WAS6.N7 60,000 ~~Amp T4Mn1+14 WG76.4N N.I06 I PT A1dp - :aar~ mv-:_ I~ I TOTAL AVO MKT TOTAL AVO MKT COMPENSATION 000,432 TOTAL AVJW MKT COMP C0MPEN6AVON 136.760 000'432 • CITY OF OENTON 007,015 CITY OF DENTON 657,075 CITY OF OENtON ADJUSTMENT TO REACH - - AO JUSTMENT TO A'EACN - MARKET AVENGE ADJ TO RE/ICN 2#51 MARKET AVENGE / 0871 MK?AV O 1 A)% ' Adlu4td wwMV b64M1 an Wr7 a%d or 46awl+n FT . Ful-Me - PT . Pon -bme PJ • hMldlnq Aldp r i 1SMJSAL WKt CITY OF DENTON Oy7y1! MUNICIPAL ALIGN IOOVN COMPENSATION SLOVEr COUTT Dr RICOAD CITWS OPEA ATNAO POMAATION SALMY CM SALMY MID pdpR[D`! CAR SUOOIT ALLOWANC[ OOV CommmS mss:-rr.. . Doom SIU,NlNS~ NOM 617,Oifl . COMP 067073 {t itp- • :.z.~ssrr` ~.~nv fl11VIY CITY SV00lT ►O/ULAtION CALMY CM OEP CCIV COYMEMS Adob"A /!1.010,100 08.390 1 CW6IM1 A^1r+^" Hq.Nlltt 11).000 151,011 IfL011 N I FT JV0Ss1 'VI11011^" I)01,013.N0 114 v? IN.7N 11,106 110,101 b IFT Jtd1N lAwson-- 11, 13 l,NO,ON 1)0170 MOO bO SN,E06 b 1 FT 1 A CMro01M 170.067,111 IS, 81.1 111,)00 no AW". IS Asset Od11•' {1.067,000006 1,1111,107 104.060 061,000 N IR,IPT.fCenOAM 11.126 N1.N1 N 1 A AllOp. I6P.N I104,P1,N7 $70 ,Jpp 1r W01I 1".921.401 40400 1 PIN. S PI, 1! Sub W"-- NOF,E14,Fi1 006!00 S".400 11,060 104,700 I C1RSAa ,2wmnd So 1PT. IPT Awe" 1701,017,1106 106.130 1'11./06 H7,70/ ~O1YauN 130,000.000 N 17.700 I "A** {00, 11) 500,117 N I R J1r.S0 J Nawlwr'• 11.000.006006 1.1n )06 {11.11 ro I 04w1f 1)1 !1! 1 1 1 06 006 /1111 , 070 N 1 M 13 FT, E/ S1A , Loft! r Sol. 000 70,)00 I C0KNO.1 Al Il W1«! /1T006.ON 111,070 $41 801 11 ~ Myy.A.. 061,061 b / FT .411001 106.7NJ70 Ir.110 161,pJ 06,060 NO.431 OrNN'• {77l11.OW 10106 N+107 N EFT A100N Stn AMnMO {041,170,717 1,067,100 idt_M! b IR AuOMI {N.MIO IN,106 lw 06h'1f01 {10,7»,104 11001 N 1►A. Of h1Nr06 I CW*od WNNA1 F11/1 061,1106,000 101,154 i A VIRAOI 1770170001 .71071 E/T,~/[01N.7N.. 1N,IM N - fALMrCOVM/!ON SAAMYANOCM ALLOWANCE SALARV, CM ALLOwM1Cl. 0[P[M!0 C01~ COV~ 1 OTAL AVD MKT TOTAL AVD MKT COMPENSATION • COIPE NSATION 061.170 SN.7N TOTAL AVG Mk? COW WJ711 I1t1114NfIU,11 Nlnn I(IVw U►Nlup Nt,N1 C1TY010lMT1011 r. .ua AOAUSTMENT TO REACH AOMTII[NT TO AIACH ADA TO A[ ACN MMRIT AVERAO[ 1 N% MMK[T AV[RA09 1. M% OMIT AVO -O I4M 0 Sa~00 TMNE0014.0MWW1 S1rA l0. L MrV I:Mr wwY1. wOM.n WrY @" to sxo A . PT .rut Kw. • 10Iw1 • bF q. doll Nm• 1Fry nnim~n1• •T „ ~ 1I x~'y7I' 'Y••? 'lei 0 ) 1 p L Frte/ ti 4 L-:y yard • A • CiTY of DENTON, MA! DENTON MUNICIPAL COMPLEX • 601 E HICKORY, SUITE A@ DENTON, TEXAS 7620S (6171566.6340 • DFW METRO 434.1529 MEMORANDUM To: Mayor and Members of the City Council From: Tom Klinck - Director of Human Resources Date: August 14, 1995 Subject: Recruitment, Selection i Placement of Municipal Judge At the request of the Mayor, I have prepared and included information for Council members to discuss and provide direction to staff on the recruitment, selection, evaluation, and placement for a new Municipal ,fudge, if required. The major components of the process for Council to decide are (see Attachment I for additional details): I• Recruitment 1. Executive search firm and/or Human Resources Department staff 2. Updated Job Description (included in Attachment I) 3. Internal vs. External Opening 4. If external, advertising and time period 5. Recruitment Profile - major issues that the City Council feels are important for the ideal candidate to demonstrate 0. Compensation and Benefits - target salary range, benefits, relocation assistance, etc. ii II. Selection and Evaluation I 1. Process - initial screen, secondary screen, tour and orientation to the Oenton community (if external), • finalists interviews, etc, 2. Evaluation Criteria (example competencies below): - Technical knowledge - education and experience - leadership and management - education and experience - Communication - oral, written, presentation, etc. - Media relations skills • - Others important to City Council • • k • 0 • a • August 14, 1995 Recruitment/Selection of Municipal Judge Page 2 III. Placement 1. Final selected candidate 2. Offer and negotiations 3. Contract issues - Salary and benefits - Start Date - Relocation assistance (if out of Denton) - Council expectations Attachment II is a booklet developed in the mid-1280's to assist in guiding the Council in the selection process for Council appointees. This document has been updated and outlines two alternatives for assisting Council with the appointment: 1. an executive search firm or 2. the Human ResOCrces Department internal staff Another option is to provide for a combination of assistance and division of tasks. Attachment III is an updated salary survey for the Municipal judge position. This is the most recent information available based on salary survey data submitted to City Council in April, 1994, during their delibarations on compensation for their appointees. These salaries were verified and updated in August, 1995. With the adoption of budgets by many cities October 1, 1995, these salaries may be shifting in the near future. But, based on this survey, a recommended target salary range, using salary only, is: Minimum Midpoint Maximum Salary Salary Salary (80%) (120%) Annual $47,008 $58,760 $70,512 • Monthly 3,917 4.896 5,876 Hourly 22.60 28.25 33.90 The usual practice in our organization is to advertise a hiring range of minimum salary to midpoint salary (in this case, $3,917 to $4,896 per month). This will provide for negotiations of a salary based on the selected candidate's • qualifications, experience, current salary, additional education, etc. and other factors which the desired candidate • • demonstrates to justify a higher them mini" pay. M1✓ r ...,».nunnnv+rn,«rv..gMNO+~J11'Mw~lu•.yAugust 14, 1995 Recruitment/Selection of Municipal Judge Page Attachment Iv 1s a summary of benefits provided to City employees. Again, these are issues that the Council might want to consider and include in representing the position when recruiting. Benefits are also a consideration in negotiating the total compensation package for the desired candidate. Attachment v provides alternatives of schedules and time estimates for the recruitment and selection process, The schedules suggest estimates for an internal only process, a recruitment for candidates inside or outside the organization using HR staff, and a recruitment using an executive search firm. Please let me know if I can provide further information. Tows Klin f MJBEl961,TK E~1~ir X x110/td P•3 d r, ~ ~ y ~ •Fl • c> • ZXPL0Ynj(? AGRZZ)U llT 'I A Alit , made and entered into this 1 day of 1994 by and between the City of Denton, Texas, a Municipal corporation of the State of Texas, hereinafter referred to as "city" and Debra A. Drayovitch, hereinafter referred to as "Part-time Judge-" * I Tlfls siTY r . Dra cvltch-lAp:a 1. Cot oes he ob a ree to.t~pl9y_ A nine 1'or►tht~ IYr)I.1''~f >t•V~abZr • rough midniQLt 3 ~IL at"a salary of :21.35 per hour for a minimum of twenty (2A 16burs e week, and providing the same benefits available to regular part-time City employees (e.g., group health insurance - 1/2 of basic insurance premium for employee only coverage paid by City and other prorated benefits). 2. City does hereby agree to review the part-time Judge's compen- sation on an annual basis at the time the part-time Judge's performance is reviewed by the City Council. 3. The part-time Judge will receive assignments and work schedules within the discretion of the Municipal Judge. The part-time Judge agrees that she shall be available to perform and shall perform if directed, the duties set forth in the Assistant Municipal Court Judge job description, a copy of which is attached hereto and incorporated herein as Exhibit "A". 4. The City hereby agrees to consider in the Courts annual budget request an alloo!%tlon of funds for travel, registration costs and subsistence expenses for professional and official develop- aent programs for the part-time Judge and consider allowing the part-time Judge to attend functions as a representative for the City, including, but not limited to, the-Teams Mr Convention, the Texas Municipal Judge*s Association Meeting, non-:&rA&tory short courses, institutes and training seminars relating to criminal law or responsibilities of judges (which quality for • continuing legal education credit), legal or governmental group meetings at the state or local level and committees thereof in which she serves as a member by reason of her appointment as a judge. The City will budget and pay $600 for mandatory judicial education training. 5. The City agrees to budget and pay the state bar dues of the • part-tiw Judge it she has no outside practice and agrees to • • pay one-halt of such dues it she has an outside practice. The 0114 Iw700 /low o 0 • a • City agrees to pay the part-time Judge's dues for the Texas . Municipal Court Association. The City hereby agrees to con- sider in the Court's annual budget request an allocation of funds for dues in state and local legal associations and organizations necessary and desirable for her continued profes- sional participation, growth and advancement, and for the good of the City of Denton. The city also agrees to purchase a judicial robe for the part-time Judge. The city will not pay for occupational taxes assessed the part-time Judge or for local bar association ties. 6. Wring this Agreement, the part-time Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Subchapter Y. or Chapter 30 of the Texas Government code, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and lave, the terms of said Code, charter, Statutes and laws shall govern. 7. The part-time Judge shall not take on representation of a client adverse to the City of Denton. T.,e part-time Judge shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. a. The part-time Judge warrants she meets the minimum qualifica- tions listed in the City's Job Opportunity Announcement (JOAt015a), a copy of which is attached hereto and incorporated herein as Exhibit "a", and is capable of performing the major duties and meeting the conditions of employment described in such JOA. 9. The City say remove the part-time Judge from office during her term pursuant to and in accordance with the requirements of 130.961(c) of the Texan. Government Code, or its successor, as same may hereafter be amanded. 10. A request by the part-time Judge for release from this Agree- ment prior to the and of its term must be submitted in writing • to the Mayor for City Council approval not lass than thirty (30) days prior to the requested data of termination. Unap- proved abandonment of the Agreement shall be considered a default by the part-time Judge in the performance of this Agreement. ii. In consideration for the part-time Judge commencing her duties • on Sovembor 1, 1996, the City hereby agrees to pay a sum equal • • to 160 hours of ter accumulated vacation time and for the remaining vacation hours (mot to exceed 160 hours), a sum equal to the difference between bar rate of pay u of October la, 1996 and the rats of pay specified here izrreyomIrzo PACs : ~ e • 0 1 ;5 i ' AS!? is a , • . 1'.' n rr,;,;,. •+w,rraw.~n'rf sNi!C~'U1C.r!LW!i~~cW'MY~t IN VITW388 WIMINOF, City has caused this Agreement to be signed . in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the part- time Judge has hereunto set her hand and seal the day and year first above written. PART-TIMZ JUDGE CITY OF DENWVj TBXAS 11#121r). ILL BOB CAa ERRY, MJ1Y' 1 ATTESTt JENNIFER HALTERS, CITY SECRETARY Q'. , bY: , APPROVED AS TO LEGAL FORMi CITY ATTORNEYps OFFICE j by 4g PZ c • 10 • ~ytl ~i T ~L r PAU 3 • a i' CITY OF DEN TON $Are 1 00-L POLICTIADkk1NI1TSATITS p10CIDU&g/A0YINIIT1ATlv1 D1,14C11TS -I!C*ON akilelMC1 kVYttR. PIASONN[L/EMMYLg RHATIONS 10T.0~ wuaR 6P,It7wI OAtl WAGE AND SALARY PLAN 1-08-1s M LA try tai VACATIONAONUS TD11 8-21•64 POLIC! STATII1LNTt REVISED 3/17/89 vacation It is the polity of the city of Deotoo to provide vacation pap end bouts to all regular employe" rho have completed six (6) full soothe of employment. vacation hours for elflible employees are accrued on a monthly basis. pap is lieu of taking vacation is not permitted except upon terminatioo. Only employees rho bave worked with the City for six (6) full mooths are entitled to be paid for vacation at termination. An employee is not eligible to use vacatioo hours until be or she ban completed six (6) full months of regular employment. Vacation hours my not be used is advance of the hours betas accrued. vacation rise for full-time noo-Civil Service employees will be accrued at the rate of tam (10) bourn per month of continuous serviee. The intent of this vacation benefit is to provide time away from the work environment to pursue activities that will promote the well-betas of the individual and mood pbyaicals sental, and emotional health. Is accordance with this provision, all full-time regular employees will to required to take at leaat five (3) days of vacation per year. Tacattoo accrual rates for Civil Service employees are covered Is the Tens Loral Government Code, Chapter 147.046. floe us Ti W Is oddities to regular vecatfom& the City of Dastem also wards booms time to regular full-time moo-Civil Service employess the have sample 84 fin (s) continuous years of full-time (part-time esployaes are set sligiblo for this benefit) service to the City. Upon complatioa o! five years of cootianom service, each employee shall receive four (4) bouts booms times hr every year of continuous service thereafter the employee will receive as additional four (4) hours for successive years beyond the fifth ansivessary. o • _ p • r.n.•rr a"1 t. ( CITY OF DENTON \ w.r 1„In,.t 1.9 --mss EMPLOYEE STATUS RECORD ~o421Q4 E1 94 /.h.•rl .•.1 ILIA, .,pr WMI i..Tnu 4404 oil pr.wq I101HN.r 14's AN Kup"I man 1AYOWITCw DEBRA ADAXI F s 11 1091W53 03 18185 031t$ S I I 1 11 ' 11 9 .0.1 •..N■ arr. n.n to an .K. r.r.l n"" 2221 STONCGATI DEh7uH T% 76205 817 3~ IM.N.C• Kr.U... Yr KJr'w LIIWK. WM■ ■ 9 NNS• ADAMI 110 623 aIDGECAUT i t... nnl rr .M• woa .p.l,r 1 I.ISr.a+ANNE AT : DEKTON TX76," 817 sae 872• 2 pHM MR b Ut of r•.. 14111104 N A.. Was J.1.PI e %3 1 tin 883 f8 loo A 636 1 1 I 00 7773 11[1 k 7 Ir•r 1 1 ew1 W r•r rrr .M r11 ray IK r11 .ar w w4 W ..r O 1 1 3 H 37,,5100 175.00 M u 00192 3000.50 0 gIrJA _ .•.al l.a I,&,, Nn ■•I .t ..rl aln K AM? i •10192 031694 ' g K...o l~poin atedar un c pa Judge by city Council Off 110194. Receive PT ..eNr oFr rot r to /•n w. IYO nl,n bene to err iiuiv%o rm reement 2100040 t 8010 082187 173.3 attached. ayou a reement Sinnncn nnan 11n191 m9y'16. y ;11 err. 110194, 11 U w.. r.r rw rn u Iurr J111 ,as 4a 1 am lr "04 APR 1 g TXn♦811. i 0005 T•, GF DENSON', LEGA1. 1p1/r.~a rigW ea Cm Dow m.11•e11 WORK HMTORY ~omq KIM' un r• a. tM n rn1 • r. rrrlnrl wn wr w wr r.. arr. W,. I Od 10;02; 459 H 32.i6A Oi 0 6 1 0004 G01 004 JAM 140 12 09 12:01:89 3 H 31.16A Yi v 6 1 Qv %p4 JO1 004 JA55 20 3 3v 03:17; 90 S H 31.16A 01 0 6 1 0004 001 004 JA55 10 4 11 01:01:91 3 H 31.82F 01 0 6 1 0004 001 004 JA55 10 S 12 121261 91 3 H 31.E1R 01 0 6 1 0V04 001 004 JA56 10 6 13 01:011 92 3 H 32.80R O1 0 r'. 1 0004 X01 004 JA 63 30 • 2 14 01113` 92 3 H 32.80 R 01 Co 6 1 OOU4 001 0.14 JAGS 10 i 13 61101192 3 H 320801, R O1 0 6 1 0004 001 004 J1610 10 • • 1 26 %2108; 93 a H 32.801 R O1 0 6 1 0004 001 004 JM10 10 17 02`01193 3 H 32080 R 01 0 6 1 0004 001 004 J1410 10 la 041151 93 3 H 33.820 k Ol 4 6 1 000)4 001 004 into so 33.82 ),)4 JM10 10 051001 93 3 H 19122: 93 H 33.320 7414 JM10 10 012194 3 H 33.6.0 0 104 JM10 l% 031011 94 J H :,4.970 )04 J0410 10 L11122 • 0 • • JOB OPPORTUNITY ANNOUNCEMENT JOAi 0158 JCM8 DJto ASSISTANT MVNICIPAL 0007T J=S PART-TIME SALART1 $15.43/Hr.-$11.36/Hr. DiPAATMSNTi MUNICIPAL JVDOi Joe SUMMARI 8 Under the administrative direction r,f the City Council, pros Ass over .%tuniclpal Court sessions seed functions as a magistrate to administer justice in the wdispisition Of C4148 the juri diction l f ih rMunicipalrCourstatutory misdewaaor violt!n@ W+nR DUTISS1 outlined in Texas State Low . o Performs , and as scheduled by the Municipal Court Judge. o Presides over trials and renders judgments for •Ssdeosawr violations, violations of city ordinances, traffic violations and any other rases within the Svriediction of the Municipal Court. o Authorizes Issuance of warrants, aummono# magistrate warnings, etc. o Arraigns prisoners, sets bonds, reviews fins, and accepts pleas. o Facilitates efficient disposition ases `fi ned COhe matters connected with proper processing of paperwork through o May be sesigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. o Perform@ then related duties at le teW by City Council and the pal Judge, in accordance with MIMIMLn QUALIFICATION 1 o Jurls Doctorate from an accredited institution. o License to practice law in the state of Texas (and be in good standing). COMOITIOM OF aMPLOnMffTt o Will be required to preside ever most evening court dockets and any other dockets as assigned by the Municipal Judge. e Including is available to e called as to pwfen duties at unusual hours, o Must be Valtd states citizen and resident of the state of Texas. • o Must have valid Texas Class C driver's license. eeettUINCi FOR ZMPLOYMSNTs o May be given to person with experience In the practice of criminal law. • Closing Datei June 24, 1994 a4, J, r O , CITY OF DENTON AAAXW AAAaoae Ili ~~..w R..o..w Dgew+ M L MMa,►• ar. A • even • tIt • mom • r.e as..db.Iae ntaeaaa: • 1dw%mr 09174464660 oll I' POOR QUA I f • E)(Ij • 0 • • Cl fY OF DENTON ANNUAL GENERAL SALARY SCHEDULE MONTHLY JANUARY 1, 1994 PAY PERIOD HOURLY MINIMUM MIDPOINT MAIOMUM GRADE 1ST QUARTILE 2M QUARTILE 3RD QUARTILE 4TH QUARTILE 7 $22,646.57 $25,70130 $25.723.19 $26,556.21 $28.579.01 $31;114.04 $31,434.64 154,200.88 $1.903.66 12,141.87 $2,143.60 $2,379.65 $2,361.56 $2,617.64 $2,619.57 $2,6$5.62 $678.71 $066.55 $969.35 $1,096.39 $1,099.19 11,206.23 $1,209.03 $1,316.07 $10.96 $12.36 $12.37 $13,73 $13.74 $15.10 $15.11 $10.46 8 $25,568.16 $26,766,66 $26,807.46 $31.965.20 $32,000.00 $36.183.72 $35.204.52 $36,36224 $2,132.35 $2,390,00 $2,400.62 $2,665.43 $4867.17 $2,961.08 $2,933.71 $3,196.65 $064.16 $1,107.18 $1,107.98 $1,23020 $1,231.00 $1,561.22 $1,354.02 $1.470.24 $12.30 $13.84 $13.85 $15.36 $15.30 $16.92 $16.93 $18.45 9 $28,656.74 $32.241.06 $U.261.88 195,823.42 $35.644.22 $30.406.77 $39.426.57 $42.066.11 $2,388.23 $2,666.76 $2,668.49 $2,965.29 $2,987.02 $3,263.81 $3.266.55 $5,662.34 $1.102.26 $1,240.04 $1,240.64 $1.377.82 $1.318.82 $1,616.61 $1,518.41 $1.653.30 $13.78 $15.50 $15.51 $17.22 $17.23 $16.06 $16.98 $$067 10 $32,097.79 $58,110.01 896.130.61 $40,122.23 $40,143.03 $44,18440 $44.155.20 $4!1,148.66 $2.674.82 $3.009.17 $3,010.90 $3.343.52 $3,345.25 $3,677.67 $3,679.60 $4,012.22 • $1,234.53 $1,368.65 $1,389.65 $1,543.16 $1,543.98 $1,607.48 $1,896.28 $1,651.60 1 $15.43 $17.56 $17.37 $19.29 $19.30 $21.22 $21.23 $23.is 11 $35.049.52 $40.443.21 $40.464.01 $44,038.90 $44.957.70 $40,43049 $40.451.39 153,024.26 i2,995.79 $3,370.27 $3,372.00 $3,744.74 $3,746.46 $4,119.22 $4.120.95 4468,60 $1,362.87 $1,555.51 $1,556.31 $1,728.34 $1,729.14 $1.901.10 $1,001.98 12074.01 • • _$17_26_ $19.44 $19.45 - $21.80 $21.61 $23.76 $23.77 $25.93 • a • • CRY OF DEMON ANNUAL GENERAL SALARY SCHEDULE MONTHLY JANUARY 1, 19% PAY PERIOD HOURLY Rev 3/95 - M& MUM MIDPOIR MAXOMUM GRADE tST OUA6RM E 2ND OUMMLE 3RD OUARTN.E 4TH OIiAFffXE 7 323,774.06 3M,1$3,34 $26.204.14 120,03260 $20.113.40 3t2,00I,N 332.022.36 334,611.13 31,000.61 MI*I06 $2,183.66 02A2&38 M426.12 W~ X66 ~v00016 3606.16 '81.007&6 $1,007.66 61,118.06 $1,110.76 31O730G34'' 4131.84 61.342;4 j\~1♦ $11.10 $17 6• $1260 $13.00 $14.00 116.1• 91$.40 $14.78 I 8 328,066.07 00,M3.36 00.346.16 SMS0 X72 332,004.52 Mbw31lA3 363,M2.M M0,100A6 32,17226 •2.443.78 32,446.61 $2.71&31 3$717.04 WAIM$4, , $3,N4.37 33.2 W W $1,00256 11.127.00 31,126.70 if.233.?2 $1,264.02 31.3,34 31,370.34 31.3636 $1263 314.10 $14.11 $1&67 31&o6 117.23 $17.24 $14.$0 V4 9 $2+:.106.01 $0x,$44.33 032,eea.19 336„436.76 $36,3/3.66 •40,343.34 34o,t3s94 - M76a.•r 32,432.02 32,737.3 $2,738.77 33,041.18 M04266 UM X 10+,144.03 330" 81.12280 31,263.16 31,264.06 31AM01 $1,404.41 11,34117 31,344 77 ; 31A" $14.04 314.70 $16.80 317.66 •17.66 Mm $19.31 30'1A6 10 332.608.41 33117r13.T1 336,804.61 •40.67401 30.600.8$ oat~ 04401.12 343A47A2 f $2.724.67 $3r036A6 13,06721 0311404.06 4407.82 4~ 3•,743.43 *4n061o $1.267.63 $1,414,.M $1.416.64 31,62204 $1.67204 j1~6.84 ! 11.n0A4 31,A$dAi 316.72 WAS $17.70 31106 $10.60 W .Se 30'1.63 ' win • 11 $462222 341,2 W $41,220.80 4*M.73 $444.60 31q,3" 3w.376 A6 334,03;1.13 • 336061.86 33,334.33 443&07 SM14.61 33,614.63 34134.30 $bt64.03 , M,, mn $1,406.66 $1,3602 $1,566.42 31,730,61 $1,761.46 33,10! n 3$,•67.66 32,112.32 $17.61 $10.31 $16.62 $MA 322.02 13472 1 • o • a~ Iwu wnpq In IO ,I MCI --CITY OF OENTON 1 11] 15 95 L 4eo9a77:2 oaAr EMPLOYEE STATUS RECORD 010496 4 WWII 4.0 •.r Ur, •e•.t W"", ■l Ilet lNaal ►P.M~ Isualll ran W Mrnq YR 1 IDRArOVITCM• DEBRA ADAM IF 5 M i 1 1 1 1 . I 1 I 811.1 .eean el. n.n to no w. tl•r •I•wI 1 1 2221 STOMEGATE s LrJ1'ee /•flgrr wr■ • L1 IwaMMCI w,0•a•1.11aA : MIS• ADANl 0 l r [ s 1 Iw wllt, aMM• f Vn na11 to YU Romm •omI 2 0 H ON i : na,w an wn ffOOt**! 2 03 1 A 1 005 J1c10 A i ►tll hr fr IN *I•. ~~y 1• •11•, l!I ►•an W 1 1 1 M 3• JO 0 24,01 ' •a•w I%Aal, M'I w n .C WI as, K Y, A111, 1 11 194 -131394 PT MUNICIPAL JUDGE n•.In 44 pav increase - total annual : 0~ w.r I•r ea11 e.+ n•+ compensation approved by C! ty Coun 1 - erroctive f t T NO woe C. •w 11•r R MA, 1 1 ~ ww••al 1•Yli a1, w./t• IN•,•l• var WORK HISTORY • we Vrlp,M "It M1 ft, nl, 114001 ttI1 •rr gin "I 1" 118 Ilt tM I'" 79-W ova VVIII 4^05 7T -1W .310 31 us V to a 1 : it 12; 2b 91 3 M 31.810 R JI 4 i 1 0004 OOi 004 JASS Jv 13 011OV 92 3 M 32.800 R 01 0 G 1 0064 001 u04 JASS 14J 4 14 01;1$ 92 3 M J2.80J R 01 V G 1 0004 001 004 JASS 10 f as 01: 011 92 3 M 32.800 R 01 0 i 1 0004 001 044 JM10 10 0 6 16 01;04 93 3 M 320800 R 01 J i 1 0004 001 004 Jwte 10 7 17 021 011 93 3 M 32.000 R 111 J i 1 00J4 0J1 004 JM10 10~ • • 1 as 1)4; 151 93 3 M 33.820 R 01 0 G 1 0004 001 004 JM10 16 119 0% 06 L'3 3 M 33.820 A 01 0 G 1 0Lo04 0001 604 J0410 •OJ 22 12; it, 93 3 M 33:620 1 A 01 0 i 1 OOC4 001 004 JM16 160 t1 21 jZ 211 94 3 M 33.880 4 JMIJ 10 22 03; 01; 94 3 M 34.970 //J/~ 4 JM1C 10 23 04; 10 94 3 M ]7.510 g 4 JM1v 16 1 24 11; 94 1 M 2341S0 ANN i IS JK1* 101 JK10 10J i 25 IZ 3 70 0 94 l M 230ISJ- • O • • :eceroer 16, 1486 page 12 PASSED AND APPROVED this the 16th da of December, RAY SrEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: EX~Ib~ Tom" _HARLOTTE ALLEY, CITY SECRETARY :ITY OF DENTON, TEXAS APPFOVED AS TV LEGAL FORM: DEBRA ADAMI DRAYOVIrCH, CITY ATTORNEY :TTY OF DEYTON, TEXAS _?X3'.:?C mJLl ~tl, 1cad a': SeZon; t:) 37JpC .le r2d 0: JS lOn, r ._:1 _3,1 vote, r.-ad3cs "afe," Alexanaer "3ye," iopkins "3]e," "ayeR3:1Les U'-r9er naje,° lnew "aye," and Aijor r.,ens "iye." Motior, carr.ea unan:,moisly. H. :ne :o,rncll conslzereJ ajoption of a :esolltlon `:_n; a resolution adopted Decenoer 3, 1985 relating to tae :1.±Tent of tre City Attorney. :-.e following resolution was considered: Pit ? A t s o L n T I 0 N 3 cosolutirm1 f 0 O~"' III 1011109L adopted ""I1Qi•! :rayovit44 all . IF W19" AS, the City Council is deair in of amending said • Resolution; 'WOM,,THERffOittr E IT RESOLVED BY THE CANCIL Of US CITY OF 6EN'tb0# TEXAS: SECTION I. Tnat StOU00 II of Raolntif" giaecljosr. • 985 1s hes"y 004d-lo prov%-1 &97411 • • "Dia)ovltct j N! $55,960'' Y.?St other e*pS- allowanC"-- "31 council oay ~qm', khs•- conducting t d Cct t'to[no a 1'IGinee review.' s o • i~ ~O A f.. ♦ ~ I 1 I r. .