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HomeMy WebLinkAbout09-26-1995 • • I I CITY COUNCIL AGENDA PACKET 9-Z6-95 r I • f n 0 c~ • ~IMa k~ Aperida AGENDA rete q 2 Ci 9~. CITY OF DENTON CITY COUNCIL September 26, 1995 Closed Meeting of the City of Denton City Council on Tuesday, September 26, 1995 at 5:00 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items wil3 be considereds 5100 P.M. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discuss contemplated litigation concerning the denial to rezone 3.153 acres from SF-7 to 0 zoning on he south side of 135-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.07~ Work Session of the City of Denton City Council on Tuesday, September 26, 1995 at 5:30 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTEi A Work Session is used to explore matters of interest to one or a.ore City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally 1 receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council • or City Manager to participate in the session. Participation by individuals and members of organisations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City • Council, prior to the beginning of the session, a written report • O regarding the citizen's opinifia on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The • O • Q • AQWANO City of Denton City Council Agenda September 26, 1995 Do Page 2 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. 530 p.m. 1. Receive a report and hold a discussion regarding the establishment of a Racial Diversity Task Force. 2. Receive a report and hold a discussion regarding a proposed interlocal cooperation agreement to establish a Lake Safety Council. 3. Receive a report, hold a discussion and give staff direction regarding nomination(s) to the Board of Directors of the Denton Central Appraisal District. Following the completion of the Work Session Items, the Council will convene into a Special Call Session of the City of Denton City Council in the City Council Chambers of City Hall, 215 Z. McKinney, Denton, Texas, at which the following items will be consideredi 1. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding 1 these items prior to consideration. 1 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 item 2.A). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. • A. Bids and Purchase Orderss • • 1. Bid 01793 - Pecan Creek Interceptor Cleaning and Training 2. Bid 01768 - Bank Depository Services • Q • 4pendaltem City of Denton City Council Agenda pt~ September 26, 1995 Page 3 2. Consent Agenda Ordinances A. Consider adoption of an ordinance a:cepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (1.A.1. - Bid #1793 1.A.2. - Bid #1768) 3. Ordinances A. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Freese and Nichols, Inc. in association with Barton- AaChman Associates, Inc. for professional engineering services relating to establishing impact fees for water and wastewater facilitiear and streets. 4. Receive a resolution of appreciation from the Blue Ribbon Sales Tax Advisory Committee. C E R T I F I C A T E I certify that the above notice of meeting wax posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1995 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DEMON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE • HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MFETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TZ SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. • ACCO028D • • • c• • DENTON 0 a00~pp000 oo°~ 4,o 00 00 oo~ o0 E z? Q a CD 0 0 C::3 c:3 a ° o OOO ~ o ~ ~ pp0 0000 N 00000 ~ aoaoaoo • COUNCIL • • CITY t J • o • 0 0 I ApeWaNo,.., }WR.J d/ Date DATE: September 26, 1995 CITY COUNCIL REPORT REGULAR SESSION TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: Resolution Establishing a Racial Diversity Task Force RECOMMENDATION* The City Council desires to adopt a resolution establishing A Racial Diversity Task Force designed to study and report to the City Council on specific issues related to employment activities and awarding of contractual services by the City of Denton. SUMMARY The City Council voted at the August 31, 1995 meeting to establish a Racial Diversity Task Force for the following purposes: 1. Review and make recommendations regarding inequities in ordinances in awarding contracts for the City's services to outside vendors. j 2. Review and make recommendations concerning the City's personnel polices and practices related to: a. Recruitment, hiring, and promotional policies and practices b. Pay program and pay raises c. Effect and Impact of the State Civil Service system that applies to Police Officers and Fire Fighters The City Council's direction was that the task force be r structured as follows: • 1. Mayor and City Council members - three (3) appointments from a diversity of citizens from the community 2. City Manager - four (4) appointments from internal City staff The Racial Diversity Task Force members will be charged with a • significant, complex, and comprehensive study and effort. The results provided to City Counc'" should be based on in-depth • • research, objective informatior and provide for the input of all J members. The task force can bi Post efficient and effective in its functioning if the Council provides some general guidelines on process, structure, etc. • a ~geotla Nc AQBROd! (OR~~D_' )ale September 26, 1995 CM Report to City Council - Racial Diversity Task Force Page 2 Since the proposed task force structure will involve 25 members, it would assist the task force's study process to establish four sub-committees of 5 (five) Council appointees and one staff to study, address, and provide recommendationa cn the following: 1. Recruitment, Hiring, a Promoticn Policies & Practices 2. Pay 6 Pay Increase Policies 6 Practices 3. Civil Service System - Effect i Impact a. Practices awarding contracts for City's services The Civil Service System sub-committee could also address the issue of the need for a Police Review Board in the City. In order to provide additional direction to the task force members and staff, the process, task force structure, and framework of meetings outlined in Attachment 1 could be adopted by the City Council in guiding this committee's work and end product. AttaLhmen: 2 provides recommendations for task force and sub-committee agendas. After the task force and sub-committees are established, a review of these o processes and scope of work may indicate a desire to alter any item outlined. With Council approval of the resolution, the Council's next ! steps would be to make nominations to the task force and vote on nominations. Once the task force members are finalized, the process would proceed to the initial meeting of the task force. This meeting might have the following purposes: 1. Initial & Organization Meeting - Get acquainted - Purpcses of Racial Diversity Task Force - Discussion of task force process, structure, etc. recommended (see Mike Bucek, tat Assistant Attorney, • recommendations concerning training, privacy, etc. with Attachment 1.) - Meeting Schedule and Time Lines; coordinate calendars A follow-up, second meeting of the full task force would accomplish the following: • II. 2nd Racial Diversity Task Force Meeting , - Appoint Chairperson • • - City 6 Department Workforce Diversity Program including numbers and diversity efforts (Presentation by City Staff) • O • • let* No ~w Agendaltan September 26, 1995 CM Report to City Council - Racial Diversity Task Force Page 3 - Discuss Process, Meetings, Sub-Committees, etc. - Formation of Sub-Committees and elect a vice-chair for each sub-committee (if appropriate) - Training in: Cultural Awareness Group Process, Meeting Facilitation, Problem- solving, and Concensus Buildirg At this point, if the task force is agreeable, sub-committees as outlined above would be established, appointed, and their purposes determined. These sub-committees would further determine the nature, extent, and depth of information and data ar. reports required to adequately conduct a study and devel :ommendations of the issue for the full task farce. Sub-cn-p, tees would meet on an established schedule to finaliz5 their recommendations. Finally, the sub-committees would need to report back to the full task force members, explain their study methodology, findings, and recommendations. ' The full task, force would, then, consolidate all information by each sub-committee and assimilate the information into a comprehensive report including recommendations by all task force members. A full report to the City Council by the Racial Diversity Task Force would be the final step. PROGRAM. DEPARTMENTS QR GROUPS AFFECTED: The Racial Diversity Task Force is charged with examining employment activities, Civil Service, and contractual services 1 issues in all departments of the City of Denton. F-I-$CAL IMPACT: • The anticipated cost for establishing and conducting study on the issues identified by the City Council is estimated during 1995/96 budget year at $19,317. This only includes estimated support staff (clerical) labor costs and materials. It does not include approximately 2,200 hours of professional staff time estimated to be required to research information, analyze data, and prepare • reports and presentations for the task force meetings and each • ` sub-committee meeting. Attachment 3 provides a detailed listing of the estimated resources (staff time and costs) involved in coordinating, providing information, data, and reports, and participating in the task force and sub-committees to address the issues identified. 0 0 a • 0 • ~s Agendalbin i September 26, 1895 CM Report to City Council - Racial Diversity Task Force Page 4 Respectfully submitted: 4 v 0 d V. Harrell City Manager Prepared by: Thomas N. Klinck Director of Ruman Resources Approved by: Betty c an Executive Director of Municipal Services and Ezonomic Development CCrpt!lp.tk • Pr~pa/aa: ~/ff/f! 410 • p • . 4geWa No Sete - - ATTACHMENT 1. 0 • v • ~gelldeNo„~R~,~ RaenCaltom I CITY OF DENTON _pit RACIAL DIVERSITY TASK FORCE RECOMMENDED PROCESS 6 WORK PLAN Task/Activity s 1. City Council Resolution 2. City Council A City Manager j Task Force Appointments 3. Racial Diversity Task Force a. Initial 6 Organization Meeting - Get Acquainted a Reception - Mayor b City Council Kick-off and Presentation of Purposes - Discussion of Task Force Process - Recommenced {see Mike Bucek, let Assistant Attorney, recommendations concerning training, privacy, etc. - Meeting Schedule and Time Lines; coord-bate calendars 2. 2nd Racial Diversity Task Force Meeting a. Appoint Chairperson b. City & Department Workforce Diversity Program ' including numbers and diversity efforts (Presentationi by City Staff) C Diacuss Prccess, Meetings, Sub-Committees, etc. d. Formation cf Sub-Committees and elect a vice-chair for each sub-committee (if appropriate) Composition: 5 - Council appts, 1 - staff; (1). Recruitment, Hiring, & Promc.ion Policies a Practices (2). Pay R Pay Increases Policies & Practicea (3). Civil Service System - Effect 6 Impact (4). Practices aiaarding contracts for 1 City's serv',ces e. Training In: - Cultural Awareness • - Group Process, Meeting Facilitation, Problem- solving, and Concensus Building 3. Sub-Committee Meetings, Study, and Recommendations 4. Full Task Force Meeting a. Receive Reports from Sub-Committees • b. Discuss Information, Data, d Resulto • c. Provide Initial Direction to Staff in drafting Final Report 6 Recommendations 5. Full Task Force Meetings (2) a. Review Draft of Final Report and Recommendations b. Agree on Needed Revisions . t . i s, -Venda No ?r_ Task/Activity 6. City Council Meeting - Work Session a. Joint Meeting with Task Force b. Present Final Report and Recommendations 7. City Council Meeting a. Presentation - Final Report b. Rosolution endorsing Task Force Report and Recommendations F 'l -2- i • fr ED VeWa No,_,M,W qW%*%M%. AperNialie OFFICE OF THE CITY ATTORNEY MEMORANDUM TO. Lloyd V. Harrell, City Manager FROM: Mike Bucek, First Assistant City Attorney SUBJECT: Diversity Task Force DATE: August 29, 1995 The following criteria are recommended for inclusion in the charge of the Diversity Task Force based on my experience of supplying legal support to the Arlington I.S.D.'s Task Force relating to 'Acknowledging Community Cultural or Racial Diversity" (Accord): 1. Prior to beginning consideration of discriminatory issues that are perceived to exist in Denton, the Task Force should receive training in Cultural Awareness, Meeting Facilitation, Problem Solving and Consensus Building. 2. The Task Force should not meet more than twice a month, the meetings should be limited to two or two and one-half hours in length. 7. The Task Force meetings should be held in private and the release of information to the press on the progress of the Task Force should be lone through the Chairperson of the Task Force. 4. Task Force members that do not regularly attend meetings and comply with Task Force guidelines may be removed by the Task Force. Mike Bucek MB:tr • pc: Tom Klinck, Director of Human Resources , • O J: \IiOMMOWASKFORC •IEM L' I> r 1^ AgWaNo A$endalt 38* ATTACHMENT 2. l . • • r a. CITY OF DENTON RACIAL DIVERSITY TASK FORCE PROPOSED AGENDA INITIAL FULL TASK FORCE MEETING 1. Get Acquainted a Reception 2. Mayor a City Council Kick-off 3. Presentation of Racial Diversity Task Force Purposes 4. Discussion of Task Force Process - Recommended - 2nd Task Force Meeting - Sub-Committees - Meeting Schedule and Time Lines - 2nd Task Force Meeting - Coordinate calendars 5. Adjourn 2ND FULL TASK FORCE MEETING 1. Elect Officers 2. City a Department Workforce Diversity Program including numbers and diversity efforts (Presentation by City Staff) 3. Additional Discussion - Process, Meetings, Sub- Committees, etc. 4. Formation of Sub-Committees (if appropriate) Composition: 6-Council appts, 1-staff appt.; f a. Recruitment, Hiring, a Promotion Policies a Practices b. Pay a Pay Increases Policies a Practices c. Civil Service System - Effect a Impact d. Practices awarding contracts for City's services 5 Training in: a. Cultural Awareness b. Group Process, Meeting Facilitation, Problem-solving, and Concensus Building 6. Adjourn • • I • w • n : .a. x, a-x... e..: xr.,,Vr.M1,4 •4:,n'.TWV.-]M...1:Y'YbN.+O'MW61^',Y i+..~41+waQeeOa No„~,~Y~ AQendal CITY OF DENTON RACIAL DIVERSITY TASK FORCE SUB-COMMITTEE(S) PROPOSED AGENDA INITIAL MEETING 1. Get Acquainted 2. Presentation of Sub-Committee Purposes 3. Discussion of Process - Recommended - Sub-Committees Organization a Operational Purposes 4. Adjourn 2ND MEETING a SUBSEQUENT MEETINGS 1. City Program (Per each Sub-Committee issue): a. Recruitment, Hiring, a Promotion Policies a Practices b. Pay a Pay Increases Policies a Practices c. Civil Service System - Effect A Impact d. Practices awarding contracts for City's services (Presentation by City Staff) 2. Additional information, data, and reports desired by members for further discussion and analysis, etc. 3. Identification of policies and practices (for the assigned Sub-Committee issue) that are appropriate and those that should be addressed for improvement. 4. Additional meetings, dates, times, locations, etc. 5. Final meeting - Review Sub-Committes report of study findings a recommendations for Full Task Force on assigned issue. 6. Adjourn 1 l yr ^~r-•n::: , '4~, ~ ~ t 1 Y veoda No 4geada taro Da!e ATTACHMENT 3. I . ' t ~ ' • . ,',tie; ~`;f, , , ~9°r • • i Ards Mo--•.•..-..~a...~ ApWaI CITY OF DENTON, RACIAL DIVERSITY TASK FORCE PROJECTED RESOURCES i BUDGET PROF. SUPPORT EXEMPT NON- MATERIAL STAFF * STAFF STAFF EXEMPT i OTHER COST + STAFF COSTS COST TASK/ACTIVITY HOURS HOURS $ $ $ 1. City Council 29 8 $910 $112 Resolution - Planning, organizing, i proposed work plan 2. City Council i 10 8 $415 $112 City Manager Appointments (2 Council Meetings 3. Coordinate Meeting 46 170 $1909 $2380 $1875 - Full Task Force (5 meetings) - Sub-Comm (4) (1 meeting) 4. Conduct training 12 4 $400 $56 on Cultural Awareness, Meeting facilitation, Problem Solving b Consensus Building - Sub-Comm (4) (1 meeting) Research issues 924 1184 $20,973 $14,185 $43 gather/analyze information, data S draft/review reports i • - Full Task Force (4 meetings) - Sub-Comm (4) (8 meetings ea) 6. Prepare reports, 846 1819 $3243 $210 $43 make presen- tations, , participat te in • • meetings - Full Task Force (4 meetings) Sub-Comm (4) 1 I (8 meetings ea) 011 • _ a • t-. b 7. Prepare final, 101 4 $18.6 Dee draft reports detailing findings i recommendations Sub-Comm (4) (1 mef.ting ea) 8. Prepare final, 170 4 $2,952 $47 $43 draft report detailing findings i recommendations of Racial Diver- sity Task Force for City Council consideration (1 meeting - Sub- Comm reports) (2 meetings - Full Tasks Force) 9. Prepare final 69 4 $1,338 $47 report & presen- tation for City Council approval i adoption by resolution (1 meeting - Task Force Recommen- dations) (1 meeting - Council endorsing resolution) TOTALS 2,207 3,205 $34,006 $170205 $2,047 I Total Requested amount $19,252 7 * Professional staff hours and cost not included in total since paid l overtime is not required. • 1 J APP00976 1 ' ~1 SY J ~Y. • v . r DENTON ooooaoo~oqooo" ~oQO o n DD oo °oo 0 0 0 ° 0 Co C:3 0 O ~o O ODO DO~ O ti O 000 o N ~ ti QQO 00044~~0 { CITY • COUNCIL r • 0 • J ~ S-o3 KIRK WILSON 31 APINjaJOW LIDS 2 SCOWARMEY PRECINCT 1 r 9-.. ' PRECINCT A i SANDY JACOBS DON W LL PRECINCT 7 4 PREr'INCC 4 I +I N 16 DENTON COUNTY COMMISSIONERS COURT JUDGE JEFF MOSELEY August 15, 1995 The Honorable Bob Castleberry City of Denton 215 East McKinney Street Denton, Texas 76201 Dear Mayor Castleberry, The Issue of lake safety has been a topic of concern with almost every community leader In Denton County over the post few years, and It has been especially prevalent during this summer season. Like the City of Denton, Denton 1 County is most concerned with the number of tragedies that have occurred on our area lakes, The Denton County Commissioners Court recognizes and appreciates the actions you have taken recently In an effort to address lake safety concerns. It is our hope that the City of Denton, as well as other cities surrounding our lakes, would allow us the opportunity to work In cooperation with you to find a solution to this Important safety Issue, Denton County recently organized a task force made up of concerned citizens for their ideas and input as to possible solutions to this problem. One of the recommendations from the citizens committee was to coordinate a master plan for lake safety between all agencies with jurisdiction over the lakes. A first step In coordinating efforts with area cities, we have enclosed a rough draft of an Interlocal ugreement outlining the suggestions from the task force, We would be very grateful If you could review this Information with your council and offer comments and suggestions, • You will note that the proposed Interlocal Cooperation Agreement will , provide for the coordinated patrol for all areas of the lakes, establish supervised • • swim areas, deve.op enforcement laws, establish a single source for emergency notification, and establish a lake Safety Council. COURTHOUSE ON THE SQUARE' J10 W. NICIfORY' DENTON, TEXAS 70"1 481716668863' 4817160668688' 48001346!180 • • r ' F. ,,Qondal After you have had the opportunity to review ~atK3tt agreement, please forward your written comments to Barbara looper, Aide to Commissioners Court, 110 W. Hickory, Denton, Texas 76201. It would be very helpful if your council could provide their comments by September 15, 1995. If you would like to speak with any member of Commissioners Court regarding this request, please do not hesitate to contact us. Thank you very much for your comment to lake safety and for your consideration of this request. Very truly, kid, JEFF M E 1 N COU E KI K wk ON. COMM., PCT. N1 SANDY JACOSS, COMM. PCT. 02 SCOTT A MEY, OMM., ACT. N3 / DON HILL COMM. PCT. M4 • • k. tiwJ,,~ 1 3 1~0 J~ • 0 • Agenda No LAKF. RAY ROk RTS MERi OCAT, AGRFF_M1SdiiflRlfEM UAKE SAFETY TASK FORCF AND LAW ENFO~E~ vow This Agreement is entered into this _ day of 1995, by and between the following governmental entities: The Corps of Engineers The U.S. Coast Guard Texas Parks & Wildlife Cooke County, Texas Denton County, Texas Grayson County, Texas The City of Denton, Texas The City of Pecan Creek, Texas The City of Pilot Point, Texas The City of Sanger, Texas The City of Ting a, Texas The City of Valley View, Texas All of the above listed governmental entitia• ua hereinafter collectively referred to as the "Parties". The Parties execute this Agreen►.ot as hereinafter provided pursuant to the interlocal Agreement Act, jum Gav rnm nr ' section 791.011, et seq.. and the T emit local r rnment r ogle, section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for increased additional law enforcement and law enforcement cooperation for safety on lakes; and WHERFAS, the Parties hereto have determined that the best possible method for mucking the lake safety problem on Lake Ray Roberts, is an agreement establishing such cooperation by way of establishment of a Task Force; and WHEREAS, the Paries desire to enter into this Agreement to provide law enforcement cooperation in connection with lake safety; and WHEREAS, each party is authorized to perform the services contemplated herein; NOW 1 THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the parties • do hereby agree as follows: 1. The Parties execute this Agreement for the purpose of creating and establishing the Lake Safety Task Force and providing additional forces for lake safety law enforcement. • • • lI. The Denton County Sheriff will be the coordinator of the LAke Safety Task Force created by this Agreement and will be the central repository of the Parties' executed counterparts of this Agreement. Laka Ray Roberta LsarImJ Asneff" fa tike adaty Tali Frn @ and Lav En(bnero rn rate I c. wwwecwrooctror+rawcrwct~~rtwcvn,~.1u t t • JA6ftNo The Denton County Sheriff will also coordinate developing and impiemerning%0M nforcement of laws as well as increase safey patrols, supervision of lake activiti%rd_implement uca~'ireo~ programs. As the coordinator of the lake Safety Task Force, the Denton County Sheriff will strive to establish and monitor a single source contact system, includinf the posting of signage advising the public of a telephone number and marine radio frequency to report emergencies. EIE. All parties agree that with the development or the Lake Safety Task Force that all area law enforcement agencies may provide additional law r,forcement members to investigate and perform follow-through prosecution duties regarding lake •.;ety issues, which may include patrolling Iand areas by vehicle, patrolling water areas, including. Stet not limited to swimming areas, marinas, and the lakes. IV. The law enforcement age•,cy regularly employing the law enforcement Fersonoel s;Wl continue to pay all wages and &sabil y payments, pension payments and payments for damages to equiptrem and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been centered within the jurisdiction wherein the investigative officer is regularly employed. V. Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched. VI. This Interlocal Agreement for Lake Safety Task Force and Law Enforcement shall be for a term of one year from the date of execution of all of the parties. The parties may ag-- a to continue this by lerter agreement at the expiration of the one year erm for another year term. 1 A party to this Agreement may unilaterally terminate its participation in this agreement only after providing ninety (90) days written notice of termination to the other parties. This Agreement may be • terminated at any time by the written mutual agreement of all of the Parties. VII. Each party to this Agreement expressly waives all claims against every other parry for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. J LAks Ray Robsn o twrimal AaRamem W Uko Sdny Tnk Force ud 4v rnfae,mns Pop 2 11i • a • c Agenda No VIII. Agondaltem Its expressly understood and agreed that, in the execution of this Agrereee , nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision there Df. IX. Each party, to this Agreement agrees that if legal action is bro,_ght under this Agreement, exclusive venue shall lie in Denton County and shall be governed by the laws of the State of Texas. X. In case any one or more of the term, sentences, paragraphs or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforeeability shall not affect any other term, sentence, paragraph or provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XI. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. MI. This Agreement may be signed it.. multiple counterparts and shalt be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and oeliverei to the lake Safety Task Force Coordinator. X111. This Agreement contains all commitments and agreement of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. • 1\1 V. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, and each party hereby certifies to the other that any nect~sary resolutions extending said authority have been duly passed and are now in full force and effect. Lake Ray aohens Imadmu Arnemem nor tike aa4ty Tack Force end taw Edim,immr he* 1 r %'r"aWTOOMCOUT11ACTJ AXE]ATF`U:eTLLA. AR :s r•,, fir s ;n Agendaltam IN WITNESS WHEREOF, the Parties hereto have executed this Ag4teajaj a dciive Upon execution and dating by all of the Parties. U.S. CORP OF ENGINEERS U.S. COAST GUARD Authorized Signature Authorized Signature Date: Daze: - TEXAS PARKS dr WILDLIFE CONOL DENT, I COUNTY, TEXAS Authorized Signature County Judge Date: Date: COOKE COUNTY, TEXAS GRAYSON COUNTY, TEXAS County Judge County Judge Date: Date: THE CITY OF DENTON, 7 ERAS THE CITY OF PECAN CREEK, TEXAS Authorized Signature Authorized Signature Date: Date: THE CITY OF PILOT POINT, TEXAS THE CITY OF SANGER, TEXAS • Authorized Signature Authorized Signature Date: Date: • THE CITY OF TIOGA, TEXAS THE CITY OF VALLEY VIE V, TEXAS J Authorized Signature Authorized Signature Date: Date: Lake xr,y Robem tim"dwd Arr"ment for We Safety Tnk Fina ma Lew Enravmem PW 4 C. vn+7+WwrooCV"hTL4CTwnunttu LA.u y y t 11)R}G~+J4K, r3 • a • veReaNo LAKE SAFETY TASK FOR YD 14W YFOR ' This Agreement is entered into this _ day of _ 1995, by and between the following governmental entities: The Corps of Engineers The U.S. Coast Guard Texas Parks & Wildlife Denton County, Texas The City of The Coioay, Texas The City of Crossroads, Texas The City of Denton, Texas The City of Hickory Creek, Texas The City of Highland Village, Texas The City of Lake Dallas, Texas The City of Lakewood Village, Texas The City of Lewisville, Texas The City of Little Elm, Texas The City of Oak Point, Texas The City of Shady Shores, Texas All of the above listed governmental entities are bereinaftt,r collectively referred to as the "Parties". The Parties execute this Agreement as hereinafter provided pursuant to the intedocal Agreement Act. 1LE8.1 Ctovernment Code, section 791.011, et seq., and the Texas Loc_l Government rode, section 362,0021, et seq., and all other applicable statutes. WHEREAS, there is a aced for increased additional law enforcement and law enforcement cooperation for safety on lakes, and WHEREAS, the Parties hereto have determined that the best possible method for attacking the lake safety problem on Lake Lewisville, is an agreement establishing such cooperation by way of establishment of a Task Force; and i WHEREAS, the Parties desire to enter into this Agreement to provide law enforcement cooperation in connection with lake safety; and I . WHEREAS, each party is authorized to perform the services contemplated herein; NOW THEREFORE, In consideration of the mutual covenants and the terns and con&r;or: rat forth below, the parties do hereby agree as follows: i. • The Panics execute this Agreement for the purpose of creating and establishing the Lake Safety Task Force and providing additional forces for lake safety law enforcement. G.e Gnpevim Intartaal Aareemars (w LAka Safety Tad Face and Uv Embnemen Per I C. WPWL%VMmOCaMOMIxACraAKUM rL.9IlA,LV 0 • • t )ate The Denton County Sheriff vAll be the coordinator of the Lake Safety Task Force created by this Agreement and will be the central repository of the Parties' executed counterparts of this Agreement. The Denton County Sheriff will also coordinate developing and implementing more stringent enforcement of laws as well as increase safety patrols, supervision of lake activities and implement education programs. As the coordinator of the Lake Safety Task Force, the Denton County Sheriff will strive to establish and monitor a single source contact system, including the posting of signage advising the public of a telephone number and marine radio frequency to report emergencies, I11. All parties agree that with the development of the Lake Safety Task Force that all area law enforcement agencies may provide additional law enforcement members to investigate and perform follow-through prosecution duties regarding lake safety issues, which may include patrolling land areas by vehicle, patrolling water areas, including, but not limited to swimming areas, marinas, and the lakes. IV. The law enforcement agency regularly employing the law enforcement personnel shall continue to pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been tendered within the jurisdiction wherein the investigative officer Is regularly employed. ! Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched. Vl. This Interlocal Agreement for Lake Safety Task Force and Law Enforcement shall be for a term of one year from the date of execution of all of the parties. The parties may agree to continue this by • fetter agreement at the expiration of the one year term for another year term. A party to this Agreement may unilaterally terminate its participation in this agreement only after providing ninety (90) days written notice of termination to the other parties. This Agreement may be terminated at any time by the written mutual agreement of all of the Parties. Vll. ' Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. Lake Gnpmne k"Hocal At"emem for LA" Safety Tut Face and Law Enfacemert Peas 2 r WPWN m%?DOC3 pNnU(Z+LN L1AFVLX.Vaa.LV • • '.c is , • - A • 7 VIII. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, ary immunity or defense that would otherwise be available to it against claim arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. IX. Each party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Denton County and shall be governed by the laws of the State of Texas. X. In case any one or more of the terms, sentences, paragraphs or provLsions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable In any respect, such invalidity, illegality, or unenforceability shall not affect any other term, sent►,nce, paragraph or provision thereof, and this Agreement shall be corvtrted as if such invalid, illegal, or unenforceable provision had never been contained herein. X1. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. X11. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Lake Safety Task Force Coordinator. XII1. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. • XI V. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all naessary authority to execute this Agreement on behalf of the parties, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Q • • LAI Gnpevim LYerbval Aane"M fa Lab Safety Task Force W Lee Enrorwernr hire 7 C %7*1NWwaDOCT[DNrxAC1 A.WMA TtM"A Lv • ~2ertdiz No. IN Wi iNM WHWMOF, the Patio kreto have eleevW this Agreement to he cT woeLw a do utd datin by all of the Partia. U.S. CORP OF ENGINEERS U.S. COAST GUARD Authorized Signature Authorized Sip ature Date: Date: TEXAS PARKS A WILDLIFE COMM. DENTON COUNTY, TEXAS Authonzod Signature County Judge Date: Date: THE CITY OF THE COLONY, TEXAS THE CITY OF CROSSROADS, TEXAS Authorized Signature Authorized Signature Duo: Due: THE CM OF DENTON, TEXAS THE CITY OF HICKORY CREEK, TEXAS Authonzed Signature Authorized Signors Date: . Date: TILE CITY OF HIGIMAND VILLAGE, TEXAS THE CITY OF LAKE DALLAS, TEXAS Authorized Signature Authorized Signature Date: Date: i TIE CITY OF LAKEWOOD VILLAGE, ]ERAS THE CITY OF LEWIS ILLE, TEXAS Authonzed Signature Authorized Signature Date: Date: • THE CITY OF LITTLE ELM, TEXAS THE CITY OF OAK POINT, TEXAS AuthoraW Signature AutMxized Signature Date: Data THE CITY OF SHADY SHORES. r.MAS Authorized Signature ' Date Lake Gmpsvina hnerkKsi Apesmsm for Lake Safety Ts•h Fina and Law Farmomem Page 4 C. %7%L%W%"OCSILVKM4Cr1AKDARVLXSFM.LS • c0 DENTON oooooaaoQOOOOO . 00°% ~0 °0 p0~ ~ a o ► ° o c4 I ; D po ~ OOO r ~ ~ pp~ pOO p N ti ooOo ~oooaaoaoo° • CITY COUNCIL • t# t DATE: September 28, 1995 CITY COUNCIL REPORT a1t0~ .W TO: Mayor and Members of the City Council Dots- 9~ZG FROM: Lloyd V. Harrell, City Manager SUBJECT: NOMINEE(S) TO THE BOARD OF DIRECTORS FOR THE DENTON CENTRAL APPRAISAL DISTRICT RECOMMENDATION: Staff has no recommendations at this time. SUMMARY: The Denton Central Appraisal District (DCAD) consists of five board members each serving a two year term. Currently, all five of the Board of Director's positions are up for election. The current board members are Horace Brock, Mary Horn, Richard Smith, Tracy Clinton, and Paul Stone. Each taxing jurisdiction has the ability to nominate up to five individuals for election to the board. The Denton Independent School District has informed the City that they plan to nominate Bill Giese to the Board of Directors. Should Council decide to make a nomination, it must be submitted to the DCAD by October 15, 1995. Once names are received by the Appraisal District, each jurisdiction can cast votes for a l nominee. The tote? number of votes is 5,000 and each jurisdiction has a percentage based on their 1994 tax levy. The maximum number of votes to place a nominee on the board is 1,000. The City of Denton has 258 votes to cast. In November, staff will seek further direction regarding the Council's actual vote on individuals nominated to serve on the DCAD Board of Directors. 1 PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: NIA 1 FISCAL IMPACT: N/A Respect subrni~ed: • Lloyd V arrell City Manager ared b J44 Fortune 1 • C of Financ Officer A roved by: C98030 Executive Director of Finance AFFOOF7A • • DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET M Agana a No Ian P O, BOX 2616 rP ` DENTON, TEXAS 76202-2616 AO_`~ 817-5560904 QrZIB 0 7 1995 ' ' CITY g Di l! ON L~ c,TV a_+~Nnn€ns PO MEMO TO: Denton County, All School Districts and All Cities That Levy A Tax FROM: Joe Rogers SUBJECT: Appointing Board of Directors DATE: September 5, 1995 It is time again for the taxing jurisdictions to select five individuals to serve as the DCAD Board of Directors According to Section 6.03 of the Property Tax Code, it Is the chief appraiser's responsibility to initiate this prccess, which is the purpose of this memo. The conservation and reclamation districts will also be involved in the Board selection process, but the procedures applicable to the special districts is somewhat different and will be handled through other communication. Gr wally the following will lake place: 1. Prior to October 1st - I advise each jurisdiction of the number of votes they are entitled to cast for for appointing the Board members. j • 2 Flier to October 15th -The governing body of each jurisdiction nominates candidates 1 to the DCAD Board of Directors and advises my office of the nominees. Each taxing jurisdiction can nominate up to five candidates if they wish. The number of voles that each jurisdiction has is not relevant in the Initial nomination phase. Please note that a chief appraiser does not have the authority, or the duty, to investigate, orjudge, the qualifications of the nominees. Further, a chief appraiser can not extend the deadline for receiving nominations. • • 3. Prior to October 30th - My office compiles a comprehensive list of the nominees and this information is sent to the taxing jurisdictions in the form of a ballot. • O 4gertNo Agofda tM~, Memo, Appointing Board of Directors, September 5, 1995 "n . 4119", , 4. Prior to November 151h - The taxing jurisdictions choose by written resolution the candidate, or candidates, of their choice. The jurisdictions then submit the names of their candidates and the votes they cast for each candidate to my office prior to the November 151h deadline. i Please note that the maximum number of votes needed to place a candidate on the Board Is 1,000. Accordingly, there is little reason for a candidate to receive greater than 1,000 voles 5. Prior to December 1st -I tabulate the votes and forward the results back to the jurisdictions. The five candidates that have received the most votes become the Board of Directors as of January 1st. The following information might be useful to a jurisdiction when selecting a nominee for the Board of Directors. AUTHORITATIVE GUIDELINES - The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an 'election" governed by the Texas Election Code It is an independent procedure unique to the property tax system. ' ELIGIBILITY - An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. The common-law doctrine of incompatibility (holding offices that have conflicting demands on the holder) does not prohibit the same person from holding both offices. All five board members may be elected officials of taxing jurisdictions. An employee of a taxing unit served by the appraisal disrict is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism ant conflict of interest for appraisal district directors and chief appraisers. In summiry, the taw stales • that: ........."a person may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors". ' EXPERIENCE - In considering individuals to serve as directors, taxing units should look 1 for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in A a agenda to eta Memo, Appointing Board of Directors, September 5, 1995 page 3 local government activities also indicates that someone should make an excellent Board member, FREQUENCY OF MEETINGS - The applicable statutes require the board of directors to J meet not less often than once each calendar quarter. The DCAD Board meets more i often than is required by law. Page four of this document provides your jurisdiction with the number of votes it has for electing DCAD's Board. The final page is a form that is to be used to advise my office of your jurisdiction's nominees to the Board. Each Individual receving a copy of this memo is receiving a copy of the nomination form for their Information. There is no need to provide my office with more than one completed copy of the nomination form. Rogers j i 1 0 • A • r Agend2No Agendaitetr~.....,,.,,,_ Date - - - Memo, Appoinling Board of Directors, September 5, 1995 page 4 City of Denton 215 E. McKinney Denton TX 76202 I The number of votes to which your jurisdiclion is entitled is 256. I • 1 "Y f 1 • ~ J v y • O • 0 • i Ul3ttr NOMINATION FORM Please return this form to DCAD before October 15th. Reminder.... your jurisdiction may nominate up to five candidates to the Denton Central Appraisal District Board of Directors. Please include the address and phone number of your nominees. Name of your jurisdiction Name of nominees; Name Name Address Address _ City Zip _ City Zip Phone #L~--_----- Phone t;' Name Name I Address Address City Zip City Zip Phone Phone Name Address_ City _ Zip 0 Phone # e! ~ e s 1 114 . ~ w • c• DENTON oooo0 aooooo000 oo°~ 4p D G ~ ti © Q 0 0 4 0 0 po O ~~000 000 o N , c ~ °Qaaooa~oo°o o ~ CIT COUNCIL ~ . 10 • 0 • W*N0 43-0*d AgWal ~2 ORDINANCE NO. L918~~~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHAS9 OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 1768 FIRST STATE BANK $431384.00 1793 NEZAT AND ASSOCIATES $3.54 PER FOOT 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 bids wish to enter into a formal written agreement as a result of the acceptance, • approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the • • written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. • O • o • r . t: Agenda; bete SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _ day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMr HERBERT L. PROUTY, CITY ATTORNEY BY: .l • p'f i t t`•Jn ~ t e~ ~ Ja E 'r2 • O i, Ag9ooa DATES W__~2!•5 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1793 - PECAN CREEK INTERCEPTOR CLEANING AND TRAINING RECOMMMI)ATION: We recommend this bid be awarded to the only bidder Newt and Associates, at the price of $3.54 for cleaning per foot, an estimated total of $75,844.50, SUMMARY: This bid is for training and supervision of City personnel in cleaning , approximately 21,425 feet of sewer line. This line is located from East McKinney to Loop 288 and has had overflow problems which require cleaning. One bid proposal was received in response to sixty six notices to bid mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Public Utility Board Meeting Memorandum dated September 18, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED : Water and Sewer Engineering Department, Water and Sewer Utility Division, Citlie-n of Denton. FISCAL WACT: Funds for this project were not budgeted; however, win be transferred from Account Number 625-082-0471-8560. Re tf Uy eub fled: v yd V. Harre City Manager 1 Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: ^ Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 611.J~ImA • a • • ID 0 1 I NAME PECAN CREEK INTERCEPTOR NEZAT 6 CLEANING 6 TRAINING ASSOC. j TE SEPT. 5, 19% IT QUART" I DESM I VENDOR VENDOR VENDOR VENDOR 1 LF CLEANING OF 33 INCH DIA SEWER LINE INCLUDING s FIELD TRAINING 63.64 ,162 LF CLEANING OF 30 INCH DIA I SEWER LINE INCLUDING FIELD TRAINING $3.54 3. 3,399 LF CLEANING OF 27 INCH DIA SEWER LINE INCLUDING FIELD TRAINING .54 4. 6,468 LF CLEANING OF 24 INCH DIA SEWER LINE INCLUDING FIELD TRAINING $3.54 5. 14,988 LF CLEANING OF 21 INCH DIA SEWER LINE INCLUDING FIELD TRAINING .54 S. 16 HR CLASSROOM TRAINING .91 i I ! 7. _ LS ;CONTRACTOR'S WARRANTIES AND UNDERSTANDINGS -0- _ H ADDENDUM YES TOTAL BID $127,000.00 • BOND YES • L ; 0 0 • 0 • agoadalr September 4,%95 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM. R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: RECEIVE A PRESENTATION BY NEZAT AND ASSOCIATES ON SEWER CLEANING AND TRAINING AND RECONSIDER APPROVAL OF CONTRACT RECOMMENDATION Rusty Nezat, of Nezat and Associates, will make a presentation on proper cleaning techniques for larger sewer lines. These techniques will be invaluable to our staff for current projects and future ones. Based on the presentation, the Utility Staff requests reconsideration of the contract. SUMMARY Bids were opened on September 5, 1995. Nezat was the only bidder. This was an unusual way to bid. Usually, cleaning and training are not combined in one contract. In this contract, the City will perform the cleaning with its own personnel and equipment. Nezat will provide training and supervision. The City has used Nezat to perform training before on the cleaning of smaller sized lines. Nezat has a lot of experience in this area. The City has been pleased with the work that Nezat has performed In the past. BACKGROUND The City of Denton has had overflows in the area that are being proposed to • be cleaned. Also, our flow data indicates that there may be debris In these lines. Our original proposal was to clean the interceptors from East McKinney to the Water Reclamation Plant along Pecan Creek (See Exhibit 11. The original length of line proposed to be cleaned was 35,849 feet. This quantity has been reduced to 21,425 feet due to the lack of availahle funds. The project will clean lines from East McKinney to Loop 288. This project is • not in the 1995 budget. However, it is being proposed due to the overflow • J problems. The cost to have a private contractor provide the entire service on his own would probably range for $8 to $20 per linear foot (depending on line size), rather than the $3.54 per foot that we are paying. This would more than triple the cost of the project. • O • r ' Acenda No,-,, Agendalttrr~,_„_ Page 2- AGENCIES AFFECTED The Citizens of Denton, Denton Municipal Utilities and Nezat and Associates. FISCAL IMPACT This project is not In the 1995 Budget. $70,000 will be transferred from Account Number 625-082.0471.9114 to Account Number 625-082.0471- 8560 to pay for this project. See Exhibit III for more detail. Respectfully submitted, ✓ Ital, J6 E. Nelson, Executive Director Department of Utilities Prepared by: Gerald P. Cosgrove, P. I Engineering Administrator Approved by: Howard Martin, Dira for Environmental Operations • Exhibit I Location Map • O II Bid Tabulation III Fund Analysis • 0 • • LOCATION MAP PECAN CREEK TRUNK LINE FLUSHING PROGRAM PHASE I N i W E F 7 + S N.T S T:a 2 2409 2410 2 11 • 2354 LEGS D 6 FL S INE • ~ a o Se r St ' t Gi g i EXFN I • o • a • • PECAN CREEK INTERCEPTOR CLEANING & TRAINING BID TABULATION I ORIGINAL REVISED UNIT BID REVISED QUANTITY QUANTITY UNIT PRICE TOTAL TOTAL WS100 Cleaning of 33 inch diameter 2,832 0 LF $3.64 $10,025.28 $0.00 sewer line including field training WS100 Cleaning of 30 inch diameter 6,162 4,160 LF 3.64 $21,813.48 $14,726.40 sewer line including field training WS100 Cleaning of 27 inch diameter 3,399 0 LF 3.54 $12,032,46 $0.00 sewer line including field training WSi00 Cleaning of 24 inch diameter 8,468 6,331 LF 3.54 $29,976.72 $22,411.74 sewer line including field training WS100 Cleaning of 21 inch diameter 14,988 10,934 LF 3.54 $53,037.62 $38,706.36 sewer line including field training • WS100 Classroom training 16 16 HR 6.91 $94.54 $94.58 1.21 Contractor's Warranties 1 1 LS 0 $0.00 $000 11 and Understandings • TOTALS $1279000.00 $7099,01 I J 06PC CT H IT II • O 'r; • r- i• r 1. PECAN CREEK INTERCEPTVIR~ dalto CLEANING & TRAININ en r FUND ANALYSIS WASTEWATER COLLECTION (REVENUE) STATUS COST FUND SOURCE 625-82-0471-8502 Available ( transferred from 625-082-0471-9114) $70,000 (available from 625-082-0471-8560) 10,000 TOTAL FUNDS AVAILABLE $80,000.00 EXPENDITURES Cfeaning 8 Training Bid $75,939.08 [AMOUNT O E NDER AILA LE •I • e r 06PC CT EXHIBIT III • t 1 ,M1 1 DATE: 111-315; jain [b`9 _ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1768 - BANK DEPOSITORY SERVICES RECOMMENDATION- We recommend this bid be awarded to First State Bank, the only b dder at an annual estimated cost of $43,384.00. SUMMARY: This bid is for an eligible financial institution to be the banking services depository for public funds of the City. This bid contract period is for too years. First State Bank is currently our depository bank and has served In this capacity for several years. Secondary depository relationships with several other faciltles will be continued. The Investment Committee has recommended approval of First State Bank's proposal. One bid proposal was received In response to six bid packages mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Memorandum from Harlan Jefferson dated September 19, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All departments of the City o Denton, Finance Department, and Citizens o Denton. FISCAL DKPACT: Budgeted funds for 1995-98 for depository services. Res ul.l/y submitted: u d V. Harre City Manager Prepared by: + Name: Denise Harpool Title: Senior Buyer Approved: n Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 64L . ALMA 0 0 • a • r J r ell) if _ iedjil4di~ BID NAME BanM Depoeltory S"cee FIRST Agen No STATE OPEN DATE June 25. 1995 SANK Agent altem, b9V. _A(fti6it i7 - I 15 Acct. fAlnc,? SIO 00 2a ts} Dents Stmtper Acct _---'~1 2-b 201me Balance IngWry Dy Phone_ N!C 2e 201moi Bab nee Rapatln~ 425.M0 5 501mo DapostT'kle__ $0.20 25k/mo Items Depoeited S0.9g 5 - , 5200/mo Checks Paid $0.1t 5a 1700/mo PRChecks Sb 500JmoGan I Di sbwum ent Chscks $0 t 1 5c 501m9 Other D9IA Posbr g $0 .11 5 SO/mot Wire Svice - - 6a 201mo Incom! Transfers j5.00 $1000 16b1 25/mo Re 01w lot Computer 510. J0 6b21 S/mo Rep" ve b~Phane 610, D0 Sb0 51mo Free-Formby Computer $10.00 6b1 ---_51ma~Fi-e_ Form_ by Phone---- $10.00 6b5 151mo ACH Transfers $0.10 7 5(mo Stop Payment Reqwet 61500 7a S/mo Written wst HS 00 7h 21mo AWO mated Request._ _ $15.00 5 5 hs_ Wm Coln Wrappers N/C ' Deposit SA s Prlydad 20.APp , 0 Q 55lmof - ID b bp/yr' Large Vauh Cash Begs M IC r 11 35 bg/Vr Plestc Check Sage 21.15/100 3X10 11 26.7811100 10X 15 _ t2 I ~ safe Dspow Box 10s10--- N/C f _ 1 ii 10 4 fwlmc' Reeeerch Hours 11111110 1,4 1 $300k svQ Cost of NWj;vW Ccllatsral N C 15 1 Controlled Dlebureament NIC 10 c accl~ Zero Balance Auto Trans. NLC 17e 50Jmor Ration hems _ 02.50 • • 17b~ I 1201mo1 Pslurn hems Reclearad - N~ - • • j TH of BID NAME Bank Depowwy Sonic" FIRST 'pM No STATE Abp OPEN DATE Juno!!, 1090 BANK A90R{1 } ITe 2 mo Retvn Item Phone Addeo IUC 1! _ 13eccs FD,J Irnuance Cost N;C _ 10 1acct SsgxI%!SCNaN~plSofo4N NLC 1 k Mlncs. C!w2s NIC I0b 13/mo Roui b Depoelted 10;00 tOc I aftno Receipts wRh&dwot PO.00 _ _tid 2lmo Coup" Conocil"s $10.00 _ Igo $90 mlSon Safek@*ping of Assets .003/1000 _ ./O1RCPT 1Yf Rlmo Book-Errty6TicullyTrenaNre X6.00 -Tw -20 --w-mew lFe-wa foi biro ios~t vc - WKo, 203 Tape Cfwge 0.00 10,/_M_OOEMTRANS 20b ACH Saftmem Nei 20c Btop Pa'yin"Ordas igod _Cradlt(Debitpwtirq W 20e Oyer s 4Q.iiiilT _ 21 OIMr Applicble 4 heroes !0 iERIALCK SORT .OYATEM COLLATERAL REOWREMENTO: SafWeopinpClwose NONE Pledged Socuridee for > 13004 SLjwNOWAccoun0 NONE Shortest >-01004 CO Me" 7 I I OVERDRAFT& Mu. Days Ovwdrall Mowed 3 Max. Amt of Not Owrdreft »100,000.00 Imwest Rate Charged PRIME RATE r 1' ^i • a • DATE: S CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BANK DEPOSITORY PROPOSAL RECOMMEND TI N: Staff recommends 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. T.-le proposal was from First State Bank of Denton. As you are aware, First State Bank is 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 the City of Denton). The additional fee is for unencoded checks deposited at First State Bank. This situation requires First State Bank to expend staff time 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. S ice we plan to encode our • own checks in the future, we believe that this additional fee wit! be nullified. The fee for checks deposited which are encoded is the same as the torrent contract (see attachment B). 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; P.,ink One, Dallas; NationsBank of Texas, N.A., • Dallas; NationsBank of Texas, N.A., Fort Worth; Texar Commerce Bank, N.A., Dallas. , • • For your review, we have provided a copy of the core proposal received from First State Bank, A number o' their attachments were very lengthy and repetitious; therefore, we did not provide them in your backup. If you would like to review the entire propos?', war oe more than happy to make a copy available to you. • • r I tg&*N4 City Council Report Format ~ Bank Depository Proposal September 19, 1995 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All departments of the City of Denton will be affected 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: LloyEl . Harrell City Manager Prepared by: Harlan Jefferso, Director of Fiscal orations Approved by: Kath Executive Director of Finance AFFOOF4F • y • I- ~ • f ATTACHMENT A &AM ZRVK= AND PEP! AGOWI N0 FOIST RATE TOtiP STA76 FIRST ifA7E CURRENT CURRENT "Ol DESCRIY71ON OF SERVICE REF4 !'SERER LRQT ANNUAL PEE rmm ANWIAi.1'g DOWERVWX .............o. - v. Amur 66Mwreea l ad00 s1.000m 110.40 91.50000 no Setebe RepwtilA tagOmm 7 91730 SL3000 9173.00 91.7000 ma dpi[ T1dw (ae4 py) 7 5170 9101.00 10.70 910200 100 bm DepmW(etwtdiel) 1 IO.DI $It000.00 (a di It%" $mOm Clw b PW (6M poke!) s Wit SltL.40 Wit st" 100 R'n Sean - iemmy 0A pm 5L." 10.00 11.7000 1200 7Yn Semm - Odemin I3 rider $4.1" rider iCA00.41 100 Sep hram As*" 7 0tSm 11.0000 ItI.00 ILWAO 1000 Ct»wm"Wn AeaiW i NDCHARM Cm NOCHAAM 10.00 100 Depot Sip Prowl f 9110 91" wit ri0t00 as tar} Vat Cid Se0 t0 NO CHARM 10.00 NO CKARM 10.00 0.00 P6" Dneeerbr/ Cbd Seo it 70.71 51" we 1100.40 I91l0 90r Dep0eb Sae 17 NOCTIAAOS 10.00 NOCHAR06 tam 10.00 Rma"tIoete is NOCHARM 10.40 NOCHARM law 100 CareCcanswl7Sdpe1 10 NO CHARM 100 AID CHARM S00 10.00 C.arrole/DwbraeewerNaCk ts N004ARM tam NOC7IAROE PLO MA Tare Setettm Awarie 7Yeria 10 AUOSAROE 100 NOCHARC'S 30.00 1000 haters 017A 100 1000.00 UA0 IUOOm 60" Reim kew - Roder 173 NOCHAROE 1200 NOCHARM s0m sOm Rerun Sear - Td nhm Mier UC NO CK4AM /000 NOC71ARM S0m 10.00 FDIC 1ww"m coo u NDCSURM Iom NOCKARO3 as 1000 sandbu C7wry a ui&n l1 am 01,0100 9100 SO" 100 toner Dept 09& 0" Pbrit/ 70 1000 71.0000 IRA 1101000 no Olwre 71 10.40 IN0.40 st.AO rum on =At OVUM U&SIm IRMA - - - - "l • c~ • i ATTACHMENT B Ae11da No Agenda! I 114 FIRST STATE BANK OF TEXAS aratara~ara. 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 t irst State Bank's bid for bank depository services for the City of Denton for 1445-1497. 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 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 Uni~e gity, Denton Central Appraisal District, Upper Trinity Water District, the Town of Flower ' iocnd, and the City )f Watauga. Because of our experience in the special needs related ro i ,blic 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 volume 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 1 Watauga. Beginning July 8, 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 researih or problem resolution. il{ We appreciate your consideration of our bid and look forward to serving you in the future. Sincerely, • b.,c,~~~ W~~~crtaat-+ , • • Deborah B. Wilkinson Vice President and Controller PO. Box 100 • Denton, TX 76202 • 817.382-5421 • a • r i ipenda No .1~ Agenda1te17~,~^ 1V. BANK QUESTIONNAIRE AIL The Bank is requested to thoroughly answer the following questions. Additional pages may be appended if space is inadequate. 1. How is the bank chartered? State chartered (Texas) 2. What percent of current loans are classified as non-performing? IX 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 BarLk'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 rxent FDIC (UPBR} call reports. V. ACCOUNT DESCRUMONS A. S,t091W The City intends to establish the following Bank accounts: Account Nar.e T%R'1 Employees Claims Account Zero-Balance Account Operating Account Zero-Balance Account Sinking Account Zero-Ba:ance Account Payroll Account Zero-Balance Account Industrial Development Authority Super Now Rehab Account Zero-Balance Account C,)ncentration Account Super Now Insurance Account Zero-Balance Account Electric Distribution Account Zero-Balance Account Clordie Account Super Now CDBG Account Zero-Balance Account • Contractual Obligation Super Now Ray Roberts Lake Accc,unt Super Now Public Prope, ties Super Now Security Account Super Now The City reserves Lhe right to open or close any number or type of accounts throughout the • period if necessary although no changes are anticipated. • • AAM12SC .3- 0 • 0 0 Agenda% Agoada`t ~ H. Services and Fees 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 DESCRIPTION OF SERVICE 1. 10.00 15 accounts 150.00 Account Maintenance 2. N/C 15 accounts .00 a) Fort ori ling bank statement per account N/C 20/month _ .00 b) Balance inquiries by phone 20/mouth 125.00 c) Balance reporun (daily computer reporting system which lists prev;nus and current day balances, debits, credits, averages, and check presentments for all accounts) 3. .20 80lmooth 16.00 Deposit ticheu (credit posting) 4. .05 25,0001month 1,250.00 (tams deposited (mteodine 5. .11 3,200/month Checks Paid (debit posting) .11 I,700/cwtb 187.00 O Payroll checks . 1 1 1.500/mouth 165.00 b) Ot:neral disbursement checks .11 50/month 5.50 c) Jther debit posting 6. 601moath Win services 5.00 20/moath 100.00 a) Incoming transfen 10.00 40/month b) Outgoing (excludes activities in sdekeeping account) 10.00 25/mouth 250.00 1) Repetitive by computer 10.00 $/mouth 50.00 2) Repetitive by phone 10.00 51month 50.00 3) Free-form by computer 10.00 5/month 50.00 4) Free-form by phone • .10 l5/month 1.50 _ 5) ACH transfers (incoming) 7. 15.00 5/month Stop payment request 15.00 3/mouth 45.00 a) Written request 15.00 2/mooth 30.00 b) Automated request by terminal 8. N/C 5 boxes of .00 Coin wrappers furnished type/ ' E approx. $20 each coin month • 4 per 200 115/month 8.50 Deposit slips printed (vendor price) AA Nr { • 0 • AgBndaNo TOTAL Q!!e - If FEE CHARGED/ ESTIMATED MONTHLY j PER UNIT VOLUME CFLUIGE DESCRIPTION OF SERVICE f 10. N!C 6 bap/year 400 Large vaith cash begs 11. • 15 bap/year • 78 Plastic drawstring cbeck bap 12. NIC 1/bax o 0o Safe deposit box" (1000) 17. N / C 4 hnJo"th 400 Rs"emb boon 14. NIC 5300,100 oa .00 Cos of collateral pledged by the avenge for 15 bank (auou cast per million accounts pledged) is. N/A 1 account Controlled Disbursement service charge 16. NIC 1 account .00 Zero balance automatic transfers 17. 2.50 Wmoatb 125.00 a) Return items NI C 120/mooth *Do b) Return items recleared NIC 2/month • 00 _ c) Return item tslepboas advice 11. NIC IS accounts • 00 FDIC insurance cost 19. NIC 1 account • 00 Securities clearing and mhkeepiag NIC 100 4) Maintenance ckarge 20.00 13/mouth 260.00 b) Receipts deposited 20.00 12/mootb 240.00 c) Receipts withdrawal 10.00 21maoth 20.00 d) Cmupon collections /11. g Pt 00 million 270.00 e) Safteapini of Assets. per receipt 25.00 I/mooth 200.00 A Bookaotr), security tnwfen via Federal Reserve, per uwuwdw N/C 1/year .00 v Audit confirmed= i 20. Bi-weekly Fe" Ibr direct deposit services for 1 payroll employe" (900 employe", tow payroll - 1630,000 25.00 eM 2/month 50.00 a) TVschsrge NIC .00 b) ACH settlement NIC .00 C) Stop payment Orden :d8 /item 1,800 items 144,00 d) Creditidebit posting 140.00 minimum per transmission e) Other (list each specific charge) J 8 x 10 $21.49 per 100 10 x 13 26.78 per 100 AAAW= as $10 per modem transmission • O • s Aoend2 No Ag ad,:tom~ 21. List any other applicWe bank charges: Insufficient check charges $20/item Serial check sort ;.02/item NOTE: Under a straight fee arrangement with the bank, analysis charges would be debited to the control concentration account and an analysis fee statement will be mailed to the City each month. Under a compensating balance method, all accounts would be tied to a main account and collected balances would be maintained to offset service charges. Also note, that estimated volume above are projaxions base,,; on current annual volumes. C. Automatic Payroll Deposit is a service the City o',fers its 900 employees. The bank would be required to produce bi-weekly payroll transfers tram a magnetic tape furnished by the City in ACH format for transfer of funds directly to the amployee bank, savings and loan, or credit union account. Please state the bank's procedure for this service and list appropriate cutoff timx that would apply. The City's net payroll is approximately $650,000 each pay period. State whether the bank would offer any type of special checking, money market, or loan account for the City' employees. The tape must be receir•G,by the Bank before 2:00 p.m.. two working days prior to payment L 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 at a higher rate overnight than in a Super Now account arrangement? Does the bank have money market funds consisting of treasuries, agencies, prime commercial paper, prime domestic banker acceptances and collateralized or insured certificates of deposit, that the City could utilize daily 1 as an investment alternative? If so, please explain the fund's parameters and interest earnings history or mach a separate prospectus. • Super ow accounts offer the highest overnight rate for insured accounts. Our Community Investment Center, offers money market fund-q which are not FDIC insured but offer considerably blither Yields See atta h d E. Other Services prospectus. O Please specify any other services available to the City of Denton which may be thought to be • • J beneficial or that may apply to the City. State all related fees. AAAarAC -6- • O • 0 • i ~er~~ Na F. Payment for Services The City intends to pay for all account services provided by the Bank as set fourth in SZW B-E. The method expected to be used for the payment of these services is the direct payment method. The Bank should debit the 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 uncollmed funds, and average collected balances, interest rates tad the amount of interest paid or credited to the account. These fees are not subject to change for the length I 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 not invested, the funds should earn interest at the rue being paid for Super NOW accounts. Please attach proposed availability schedule. Use a separate attachment if necessary. See attached. H. Sum NOW Rates Please provide a detailed explanation of the Bank's policy and methodology used in the setting of rates paid on Super NOW accounts. Also, provide a schedule of all rates paid on Super NOW accounts since January 1, 1994. Specifically indicate if the rues are applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rue 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. SecuritiCti Pledaod i As security for the deposits of the City of Denton, the Bank sh,'I pledge to the City securities 1 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 t'.S. • Trmury Bills, Notes, and Bonds with a remaining maturity of three years or less uA 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 raid demand deposits only those securities identified by the Public Funds Investment Act is 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 me maximum amounts for the Super NOW accounts and certificates of deposit estimated to be $3,000,000. AAAOr*C •1. • 7 A r , apendaNo AgenOaloM ,___.r„_. FIRST STATE BANK OF TEXAS We ATTACHMENT TO BID FOR CITY OF DENTON DEPOSITORY ACCOUNTS PAGE 7, F. SAFEKEEPING ANALYSIS: $,80 per receipt 25 rscelpts 3 15.00 3.003131,000 $ 00,000,000 S 270.00 $10.00 monthly payments 5 payments $ 50.00 325,00 per purchase 2 purchases $ 50.00 Total safekeeping charges tmnsfeffW to analysis S 385.00 ~ m SEE ATTACHED COPY OF SAMPLE ACCOUNT ANALYSIS G. First State Bank gives some day ledger crWit for a8 funds deposited by 3:00 p.m. Checks are paid from ledger balances. Interest on NOW accounts is oomputed on collected balances. Collected funds are calculated in socordance with the attached avanaWlty schedule. For analysis purposes, the monthly ash Mugs credit Is applied to average collected balances, tress reserve requirements. i H. Super Now rates are formulated partially on the level of short-term ktered rates In general 0.e., US Treasury Billet and on rates paid by competkors for similar products. Rates are reviewed daily and charged as appropriate. Warm Is paid monthly on outstanding collected balances. The rate paid on Super Nov account has been 2% since January 1, 1994. 1 • • O u " d c r , ,3 M 4 F'4PL t • I p , Awn No Ag00+ ;tlm These items constitute the only acceptable meats of collateral izQt4b4Cityi jS9gjjts Ile securities must be held in safekeeping by the Federal Reserve Bank of Dallas or another third party financial institution pursuant to a safekeeping agreement sighed by the Depository Bank and the City. Repurchase agreements are not acceptable as collateral to the City of Denton. B. $=r;ingsguiremen s 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'DescriptioNCusip Number o Par Value o Current Market Value o Maturity Date o Moody's or Standard & Poors Rating (both, if available) C. Safekeeping Requirements ale securities pledged shall be held in safekeeping by a separate and d4fereat Bank other than 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 &,e 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 signal by all three parties. The safekeeping agreement must clearly two that the Safekeeping Bank is instructed to release the collateral securides to the City If the City has determined that the Depository Bank has ("ad to pay on Any accoums, or is in default of this agreement, or the City has determined that the City's fundr 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. • Mnmx .g. ti • 4 ) e i~_ ~`2, a ~g ~.a{ h~~0 • _ a • r .i ~BTIdB !'10 D. Collateral Substitutions A3Ji;5'1'!TT v~3i9 Any substitutions of the securities or reductions in the total amount pledged may e-ftly by and with proper written authorization approved by the City Manager, the Executive Director of Finance, Director of Fiscal Operations, or his designated representative. In the case of a reduction, the Bank must provide in writing that collateral will be available when needed to ateet normal City balance increases throughout the year. The City must approve all securities pledged. Any state or local government bonds pledged must have a ruing of at least A or Al or better by Moody's Investor Services or Standard & Poors Corporation. E. Maximum Amount Offered Please state the maximum amount, if any, of pledged securities which the Bank i.: willing or able to commit for collateralized Super NOW accounts throughout the contract period above the $500,090 minimum requirement. S None F. City to Handle Investmen s The City of Denton will be responsible for handling the investment bidding process. The Depository Bank, along with any eligible financial institution shall be lacluded in the bidding process as deemed appropriate and in accordance with the City's investment policies. G. Safekeeoing/Wire Services Ile third-party safekeeping sank 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 book entry system for a customer account. H. l aterest 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 o` 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 • in amounts of S 100,000 or greater? 7 . 1. Interest Rate Calculations Interest on all certificates 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 maturity. Payment will be made by , • • crediting the Bank account. AAAW:K -9- • I o • ~'!ye°9z FJo ^r'p A. Definition Th e City does not intend to have a net overdraft positio n throughout the course of the contract. An overdraft is defined as a negative demand balance in the City accounts collectively, act by individual account. B. Terms it 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 IDo_nno 3. The interest rate charged for overdrafts will be prime rate per annum computed on an actual day basis. VIII. OTHER STIPULATIONS A. Reeulation Notices The Bank will notify the City is writing within ten (10) days of any changes in Federal or State regulations or taws that would thereafter affect the depository agreement. The Bank hall also notify the City of any new services that become available to the City throughout the conuact 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. q 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 within working days after the close ofthe calendar month. The statement must include deposits made on the last day of the month. The accompanying checks must be arranged in numerical order. -10- • p • i "gendaNo E. Right to Audit Records The Bank's records 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 hours. F. Financial Retorts The Bank will submit a copy of the last audited annual financial statements and the subsequent quarterly wpplements along with an annual year erd uaiform Bank Performance Report G. Term of the Attu The term of the contract period in Exhibit A wil l be for two years beginning October 1, 1995 and ending September 30, 1997. H. Investment Extension Period The Bank agrees to horror and continue any investments made during the term 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 wUl pot exceed ninety days. 1. Bank Failure Sbould the Bank fail, dose, or be forced into root;miastlon during the term of this contract, City reserves the right to cancel the contract and rebid h,: City's depository services. IX. PROPOSAL INSCRUCTIONS A. Date. Time- Location Sealed proposals clearly 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., ]use 29, 1995 to the attention of Tom Shaw • Purchasing Agent 901-B Texas Street Denton, TX 76201 i NO PROPOSAL WILL BE RECEIVED AFTER 2:00 P.M. I • BIDS REED t'D BE RMUTO D IN DOPLIGTB ' • • AAAWW -1t- • O • Q O ;enCa No Agoric,' I',rt),------ B. Response to the Bid D:11 'k Z--------_ 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 clearly noted with attachment; which explain this disagreement. Please reference the section and paragraph in these cases. Also, please clearly restate the question when supplying answers on any supplemental pages. C. Additional Information Ilse City reserves the right to request additional information or to meet with representatives from proposing organizations to disuvss points in the proposal before and after submission, any and all of which may be used in forming a recommendation. D. Right to Reim 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 reiatiooship between the City and the depository Bank. 71be objective wt71 be to address any problems and to seek a responsible solution. More frequent meetings may be called if necessary. B. City Council Action The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bid Advertisement This Bid will be duty 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 Individuals 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. • • • ,,,,A033C -12- • • i. i XI. SUBMISSION CHECK CIF A. 'Sid' with rdl-in-the-blank formal B. Sample bank statement C. Availability of funds schedule D. Money Market Fund prospectus if applicable E. Sample monthly collateral report F. Sample safekeeping agreeutert with the Federal Reserve Bank for collateral G. Sample safekeeping agreement with the Depository Bank for the City's investment securides H. Sample controlled disbursement agreement Not applicable 1' Sample wire agreement 1. 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 i ~ i MAW= .1). • • 1:. "c ~~t i~ x6 r1• ~e~V y~! 1r (..r i•y(•jt 0000000000 • • t TEL No.8173812604 Sep 9.95 14:53 No.010 P•Oi ' i P" t' Fax Nob 7671 d ► Foar R2 V F1 FIRST STATE BANK a'' Fa' OF TEXAS 3 etas Septcnnber R 1945 Mr. Hulan kffersm Diroctor orFiscal opaaliaw city or ikm wAk paAmcnt of Fimnec 215 E. Maciency Dcatoa, TX 76201 Dar I lartan: This kxter Witt serve as on addendum to First State Hank's bid for bank depository nrvtcet fat lk City Of Deoton for 1993.1997. M, pdm for oneooodad hi ms depodiod witl be S.05 per peat Should & City bcV n to encode tbdr own ilcrus, the price for ancWW deposited will be S V2 per item. As we have discusse& this lima price canna be iepkmeued vnW *9 deposits made by the City are prenaodod. 14 Ina know if you aced further information. Simmlr• ~a(Jpc~[~-~ ~y ~Ay[d~1~?JD'~ Dcbmah P. Wilkinson W-- President and Controller e nn n... •M f1. w..w TV 7C wl 047 p09. CA0q a' • c• • r DENTON .i ~S~ 0000 00 o4., 0 0 0 0 0 0 %dW DOF 4o opp Volvo 0 T o N , QQo °oaaaoaaoo°o s • CITY COUNCIL r • 0 • Ap~Na - o CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager DATE: September 26, 1995 SUBJECT: Impact Fee Study RECOM:IIENDATION: • Staff recommends approval of the ordinance which enters the city into a contract with Freese and Nichols for the City's impact fee study. • TV study should help favorably position. Denton for iv; inevitable growth. SUMMARY: The study would be accomplished in at least three phases with the following consultant tasks and fees: PHASE TASK Phase 1 Prepare a decision paper from which council would decide to Fee: $3,400 proceed with the formal impact fee adoption process in accordance with state law. Phase 2 After council directs that the formal process be initiated and Fee: $25,300 appoints an advisory committee, assist in development of lard use and population forecasts (called land use assumptions) and discuss approaches with advisory committee. • Phase 3 Assist in preparation of 10 and 25 year water, wastewater and Fee: $66.200 street capital improvement plan, i Develop impact fee formulas that show how much new growth of $94.900 a particular type would pay in impact fees. Fee Total • The contract has a do not proceed until given written direction clause. If council decided • • not to proceed, there would be no cost for the tasks not yet begun by the consultant. The city also has the option to complete certain tasks rather than the consultant and limit consultant meeting attendance if unnecessary. • 0 • a • City Council Report Page 2 Staff and consultant will take advantage of NCTCOG's transportation modeling capability, rather than consultant's higher cost. Anticipated cost $5000. Approving the contract carrics over $100,000 in budgeted funds into the 95-96 fiscal year. Selection Process: Since October, 1994, after council approved the consultant budget, staff has been investigating potential consultants. This process included interviewing several other cities concerning their experience with various consultants, analysis of impact fee documents written by various consultants, proposal analysis, and interviews. Selection criteria included current capacity and past experience to successfully complete in a timely and accurate manner the various tasks required to adopt impact fees, familiarity with Denton's facilities (which could lower costs if quite familiar) and computer modeling capabilities. Freese and Nichols has completed major wastewater master planning for Denton and has worked on many other utility projects in Denton. They will team with Barton-Aschman who will complete the street impact component. This team was particularly strong in their street impact fee proposal. Both companies received excellent reports from other cities. BACKGROUND: • See the attached paper. • Denton collected pro rata fees for connection to city built water and sewer lines, but was required to stop until it created impact fees in accordance with state law. • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Master planning and CIP programs; utilities and planning and development; developers, new business and homeowners, rate payers. FISCAL BIPACT: • $100,000 for impact fee study (budgeted). , • • $25,000 for water distribution system analysis (budgeted). ,J • A • RpofiC3'13tA City Council Report C;e Page 3 RESP Y SUBMITTED: 1 Attachment "Impact Fees" lloyd . Harrell, City Ma er Prepared by: Frank H. Rohbimn AIC Director of Planning and Development A%X009l1 1 I • 4a • ~+92rc': rlo IMPACT FEES Sotne Impact Fee Study Benefits As growth here continues at a more rapid pace, the need for new water, wastewater, and road improvements will be more keenly felt. Examples of such improvements include the expansion of our water and wastewater treatment plants and associated mains, and road improvements such as Ryan Road, Bonnie Brae, and Payne Drive. There will be more interest expressed for the city to build water, sewer, and road improvements to "open up" areas for development, rather than the developer paying for these extcnsions. If new infrastructure is to be built to support new development, there will be a concurrent need to fund tium. Currently, without impact fxs, the costs of such infrastructure improvements are borne by tax and rate payers and subdividers. Impact fees could provide cash for such improvements, help finance such improvements, and help maintain our competitive tax and utility rates. Impact fees could also provide a better mechanism for subdivision perimeter infrastructure, such as adjoining sidewalk, street, and utilities which are now required to be built, but which would not connect at the time of construction to an adjoining walk, street, or utility line. They would be built later in a more functional link. Whether the impact fee is adopted or not, a study about future growth, its magnitude and location: the infrastructure demands and costs created by new development; and plans to supply those demands will help in many public policy decisions. i Philocopby and State L.gw i Impact fees are imposed as a condition of development approval (regulation not taxation). A developer or builder pays for the expected off site improvements rsecessary to support a new development. Chapter 395 of the Local Government Code, the state law that governs impact fees, defines an impact fee as follows: (4) "Impact fee" rneans it charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility esparuions necessitated by and attributable to the new dcveloptrent. The term includes amortized charges, lump-sum charges, capital recovery • fees, contributions in aid of construction, and any she: fee that functions as described by this definition. The term does mot include: (A) dedication of land for public parks or payment in lied of the dedication to serve park needs; (B) dedication of right"f•way or eaements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or strata, • sidewalks, or curbs if the dediatinn or construction is required by a valid • • ordinance and is necessitated by and attributable to the new devetopmems; or (C) lot or acreage fees to be placed in trust funds for the purposc of reimbursing developers for oversizing or constructing water or sewer mains to lines. - a Agenda A~aoda':tar^ IMPACT FEES PAGE 2 Capital improvements, for which an impact fee may be levied according to Chapter 395, Local Government Code, are: (1) 'Capital improvement' means any of the following facilities that have a life expectancy of three or more years and arc owned and operated by or on behalf of a political subdivision: h (A) water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service area; and (B) roadway facilities. Impact fees for roadway facilities may not be charged: (1) in a city's ETJ; (2) for streets smaller than a collector street; or (3) on the federal or Texas highway system. Impact fees against development in the ETJ for improvement other than roadways may be coliected. History In Denton Denton charged an impact fee (then called pro rata fees) for water and sewer litres before state law required following a new process for such to be continued. Impact fees or capital recovery fees for other facilities and better formulas were investigated from 1984 to 1987, but not adopted. A Capital Recover Fee Citizens Committee was formed in 1986. A major engineering firm was commissioned to work with the Committee and made its report in 1987. The 1987 report recommended (1) "investigating possible use of assessments", (2) noted that capital recovery fees were feasible, (3) but recommended postponing development of the fees pending proposed state legislation. No fee development program was commissioned. An employee impact fee task force worked from August 1989 to July 1990. See enclosure 3, Chronology. Tht Impact Fee Ad"-Uon Process 1 First adopted in 1987, amended and codified in 1989, Texas impact fee law (Chapter 395, LGC) requires a rigorous analysis of the bases for the fee, a detailed process for adoption of and amendments to the fee, and methods of accountability. A flow chart of major elements and the process is enclosure 1. Other's i Enclosure 2 is a summary of the cities we surveyed for the vision project concerning their impact fees. Only three of the 14 cities do rot have impact fees. Most cities use consultants to help in adopting the impact fee ordinance. Impact fee analysis is time consuming and technically exacting. The process is complicated and detailed. Use of experienced consultants was recommended and approved in 1994. AXX"DB • 0 ENCLOSURE 1 FMDC r IOa NOMC M Of Y~L! Mti =mum= (w ru M~ ==wow Illua yMo w1~. ~Yt■ prk rti■■■■d&, W Wm w !b ors 14ir w.■■■ pri 0r•=no" Nwlf• Paw rrrl, ~ &a" gua on to w wav If "M Pwa ►rr ■rfp ■Ndw g■• O■Yr Yd ~ w■gr~ r =ft= um mwrm v r orrw "M m■ Arp ■rtio■n r■ v prig ywYr . war CI r ■a rrdr r► Fwr ■i■■ ■ t■m r m rrp o ■ rti rr~..r M`■rf r wr■ r. ~~■c~rrpnma crr o • Aw*. l+p A" mbm e • t+~ ~'P • 0■ a■m ►az a.m Y gpowr 4 rw"y MWAM. or I ■bp■oe o! UM M rY cemmim■. Oct of ■%M Its ow" r mY awl r iotia laid [i. w6vews r wm" r woma Mr «rf ~ M f M. rn • a • • ENCLOSURE 2 CHART I: IMPACT FEE SURVEY OVERVIEW ~ ~ ~h t b ",i ~ x. K %t.. > ti 8 y r as e yy 2 v yT i L ,.y r ...;si ic' x u' ,qo1 n~, a.G< T.c r a ~.,~a Yw ~ Fp ~~•R i^~'+~~ ; w Ariingtcn Yes Prior to Issuance of Building Permit Carrollton Yes d / Prior to Iss"we of Building Permit Of •r Prior to Rewrdmg of Final Plat Coppell Yes Flower Mound Yea / / • Prior to Iuuanct of Building Permit Fort Worth Yea / Prior to luuancs of Building Permit Frisco Yea Of When Final Plat is Filed X"N A= Grapevine Yes Prior to Issuance of Building Permk Highland Village Yes With Final Plat Keller Yes Prior to hoance of Building Permit Lewisville Yes Prior to bsuaoce of Building Pennh • McKinney Yes / V Prior to Issuance of Building Permit Sinsle Family Dmmkx Prior to Filing Final Plat Plano Yes d / Multi FarnilytNon Residential DnWomtmi Prior to Approval of Engineering Plants z7 • ':..''"w`. as ,:~w~ f.,".14s,Y nN,r.°.,, ° heS.~ a • 2 r Q J • Now being studied. r • a • • CHART U: AWACT FEES ASSESSED Arlfnsloa Reeldatlalr RaddadWi Raeldadal: $383 Maklp W by B.S.U.' $315 Mw*w by B.S.U.' 541, a Par &U.' t t t S67s Makipbed by B.S.U.' 5557 Makoled by 93.U.' s4w Per SW CarroOaos Bum Rata Cbarpd Psr Eau Rata Cbarpd M Aar: Aen: lav Ddpky sm LOW Deerky 5310 Medim Dassity SI,160 Medico Defy 5390 Ngh Daeky 53.190 MO Density SI,070 law bseeiy Office 52,830 33% law ~7 Offbe 59s0 33% Medium bowky Of mU.420 Medium bwaiy Oflid1.480 litk IrarltI Offke 57.3!0 lids b*eaiy Oflke SI.M Cameac al SSSO Cammercial $190 ladiarw 51.020 Indoetriai $340 Coppen Walser City Cantomm: 5650 Mukiplied by E.S.U.' Dowalia $430 Per S.U e Fln So 0 Meter Oelr Combbeatlon FlryDoeeeAa 51,623 MakOW by &S.U.' $430 nakWW by samba of E.S.U.a' far dotaetk mew • Coebtoatiom S1reMoeoeetke sine $1,623 phr $630 eak" t t by aumba d E.S.Ua for M.U.D. Coetoname dometk mete size Damedk 5223 Per S.U.t Combisatloo regB meala 5223 mak"ad • by number of B.S.U a for doeeatk now An • / Fora Mound t t t t p f J • • • Fort watt $736 MakipOW by &S.U.' 40% SM 20 MukVW by B.S.U.' 603 Frbw 53,178' Per S.U! 67% $7,178' Per S.U! 67% $4,436 Per S.Ut fTB s~ 17agevlae 5392 MakOW by WSW 67% $746 MaWVW by B.S.U.' 67% HWJwd ViDW $3.337' MeklpAW by &S.U.' 7 $7,373' Mss dOW by B.S.U.' T Keller $1,125 MoWpked by B.S.U.' 30% $750 MdlpW by B S.U.' in $1.300 Por S.U! T Leww& $761 MAOW by &&U.' Amwd bmw $934 MrWOW by B.S.U.' Awwd Imam w Ram 100% 1o Reaob 100% is 9 Yeas b 9 Yeah McKkMey S.F.s SSW LF.s 5300 1►iF~ $400 For Uak M Ra riepRatc Maras) 5400 Por Uak (sepesta eaelnb 5260 Por Uak • Ob& Meter) 5260 Per Ukk 7 (da8k meM) T CommerclayRdSOs S1000 Commerd&VRmWh $1,000 Industrial: 5300 WA& me" ladedrWs swo rda8k ~ $1,000 (mukipk mmao • $1,000 O"Ple amen) • t • 0 • Pt.o Fee RW by MMw ftm Fd iRal b, Meter Sm .75' MOW $s21 .750 Maem $470 1' mew sags 1' mm 5799 130 Mea $2,112 w Meta stjo r mew $2.796 r mew $2.491 7' Mee Ss.m 5" r Mee $3,029 soy 4' Mea $i,111 4' Mea $7,144 V Meta S17,W 6' Mew $13,01 Meta $21,142 r Meef $23,031 lo• Mea M49e 10' Meta $76,019 i I • wren rod aamevata fm oombieed 7 Egoha u amv salt makiplia bred oa care abw t Pee ch"w per KM of develpmac ! Bw em nay pa lad aae. Skm fee Is araape of all baee fem. i • i i of J f I' I • I- a Enclosure 3 4Qe0[}a~dQ---- on L t 10, 1996 Updated t., CITY OF DENTON IMPACT FEE CONSIDERATIONS CHRONOLOGY OF ACTIVITIES October 1, 1984 - PUB agenda item, capital recovery fee analysis continues. January 8, 1985 - Council considers PUB resolution proposing capital recovery fees. Council asks for additional information. February 19, 1985 - Ordinance No. 85-40; Pro-Rata Charge in lieu of line extension for single family residences. June, 1985 - Water/Sewer Line Extension Policy. Pro-Rata reimbursement for City extended lines. September 16, 1986 - Council updated on fee analysis process and recommend- ed hiring a consultant. May, 1987 - Report on Capital Recovery Fee Feasibility; prepared by Camp Dresser & McKee Inc. as directed by Capital Recovery Fee Citizen's Committee. Fees were feasible. 1987 - Impact Fee Legislation Introduced in State Legislature (Jack Renfro of CDM helped author legislation). June 20, 1987 Senate Bill (S.B.) No. 336 signed by governor. City must stop charging water and sewer pro rata fees. Fall, 1987 - Did not proceed due to downturn in real estate market. i August, 1989-July, 1990 - Employee Task Force analysis of impact fees. ~ March, 1994 - City Council briefing on impact fees. Council directs that further study should be done. • September, 1994 - Consultant budget approved. October, 1994 to January, 1995 - Staff consults with other metroplex cities and receives consultant references. • July, 1995 to • • September, 1995 Staff requests proposals and interviews potential consul- tants. A]O OMS i • • ~ . • . 1r 'ti'p, f ~fp',' ti~.! Y'1 (1~'. ~i•.' ,A .1 _ w • E NPDC1^_5',,cPP,,IMPACT.FEE ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ASSISTANCE WITH DEVELOPMENT OF IMPACT FEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. SECTION I. That the Mayor is hereby authorized to execute an engineering services agreement between the City of Denton and Freese and Nichols, Inc. for assistance with development of impact fees, a copy of which is attached hereto and incorporated by i reference herein. t SECTION II, That the expenditure of funds as outlined in the agreement is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 11 Y: ~ , • • ENGINEERING SERVICES AGREEMENT FOR ASSISTANCE WITH THE DEVELOPMENT OF IMPACT FEES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into on the day of 1995, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 ("OWNER") and Freese and Nichols, Inc., with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Tarrant County, Texas 76109, 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 consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF ENGINEER The OWNER agrees to employ ENGINEER and the ENGINEER agrees to perform professional engineering services in connection with the study of impact fees in the City of Denton and within its extraterritorial jurisdiction in accordance with Chapter 395 of the • Texas Local Government Code, (the Project), as stated in the article to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the articles to follow. The Project shall include assistance with the development of impact fees. 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 • • Page 1 of 19 457-0450 O 0 • O • R~,;~y!r0 similar circumstances. All work shall be completed in accordance with schedules esta is --t in consultation with the OWNER as appropriate to meet the terms and condal'orts-Dfihis_ Agree*-tent. Time is of the essence and any adjustments io time schedules snall be mutually acceptable to both parties. Provided however, that nothing herein shall make ENGINEER responsible for delay by OWNER. ARTICLE 11 PERIOD OF SERVICE This Agreement shall become valid upon execution by the OWNER and the . ENGINEER and shall remain ir 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 contract may be terminated in accordance with Article XI hereof. ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for the development of water, wastewater, and roadway impact fees for the City of Denton, Texas. Before beginning work on any task, the ENGINEER must receive written authorization to proceed with that task from the OWNER: TASK 1 • Presentation on Impact Fees a. Prepare a presentation on impact fees for the Denton City Council. The j presentation shall cover: • I • Law on impact fees • Approach to fee development • Advantages and disadvantages of impact fees • Alternative sources of financing • Fees for other cities in the north central Texas area. ' Page 2 of 19 457-0450 I. t i • 0 • r. ♦ fA w.` b. After re-dewing the presentation with the City of Denton staff, make the p- rre n aiift on impact fees to the Denton City Council. TASK 2 • Initial Steps and Lend Use Assumptions a. Hold a kick-off meeting on impact fee development with the City of Denton staff. b. Compile and review available data on Denton's roadway, water, and wastewater systems. • Roadway inventory • Traffic count data • Previous capitr l improvement plans and studies for roadways • Water system maps and inventory • Wastewater system maps and inventory • Previous capital improvement plans and studies for water and wastewater systems • Historical population, land use, water use, wastewater flows, meter counts, traffic counts, and other pertinent data. C. Develop a list of additional data needs and provide the list to City of Denton staff. d. Develop a draft schedule for the development of impact fees. Review the schedule with City of Denton staff and finalize. e. Meet with the Impact Fee Advisory Committee to discuss the approach to impact fee development. f. Work with City of Denton staff to determine the service area boundaries for roadway impact fees and for water and wastewater impact fees. • g. Work with City of Denton staft to determine subareas for development of land use and population data. j h. Analyze data on current and past population, land use, meters, water use, wastewater flow, and traffic counts to determine relationships and trends. Page 3 of 19 457-0450 • F ra • lgen?, hid i. Develop water and wastewater single family living unit equivpleets (S_ UEs or Denton. j. Attend a presentation of land use assumptions to the Impact Fee Advisory Committee by City of Denton staff. k. Attend a public hearing at which City of Dcnton staff will present land use assumptions before the Denton City Council. 1. Attend up to two additional progress meetings with City of Denton staff. Additional j meetings beyond those listed in items a, e, j, k, and I are considered additional services and will be billed as such. Work Products for Task 2 1 list of additional needs Schedule for development of impact fees TASK 3 • Water and Wastewater Impact Fee Development a. Using available meter and pumping records, develop estimates of existing and projected per capita water use by pressure plane. b. Using available meter and rainfall records, develop projected per capita wastewater flows. Develop an estimate of infiltration and inflow. C. Based on population and land use data developed by City of Denton staff, develop estimated water use and wastewater flows by subarea for current conditions. Develop `I projected water use and wastewater flows by subarea for 10 years in the future and 25 years in the future. d. Divide the costs of the Capital Improvement Program provided by the City of Denton between current development, development in the next 10 years, and later development. Provide a table listing the improvements, estimated costs, and cost attributable to current development, 10 year developmect, and later development. j Page 4 of 19 / 457-0450 { • w • I C. Using information on initial facility cost and facility use provided by the City-of Denton, divide the cost of existing facilities between current development, 10 year development, and later development. f. Based on the financing method proposed by City of Denton staff, determine the appropriate interest chargeable to impact fees. g. Compute the maximum allowable water and wastewater impact fees. h. Develop recommended water and wastewater impact fees. i. Prepare a report that documents the methodology, findings, and recommendations of the study. Submit 10 copies of the report to the City of Denton for review. Based on written comments, prepare and submit 10 copies of a final report. j. Present the analyses and results to the Impact Fee Advisory Committee. k. Present the analyses and results at a public hearing before the Denton City Council. 1. Attend up to two additional meetings with City of Denton staff and one additional meeting with the Impact Fee Advisory Committee. Additional meetings beyond those listed in items j, k, and I are considered additional services and will be billed as such. Work Products for Task 3 Table dividing CIP costs Water use and wastewater flows by subarea Report Presentation to Impact Fee Advisory Committee 1 Presentation at public hearing • TASK 4 - Roadway Impact Fee Development a. Prepare an inventory of existing thoroughfares (arterial and collector streets). Based on available data and on the roadway service area boundaries, prepare an inventory of existing thoroughfares in the city. The inventory will include the following • information, by service area: • ~ Page S of 19 457.0450 J s 0 • • • Roadway segment name • Roadway segment limits • Length (in miles) • Number of lanes • Type (divided, undivided, minor arterial, major arterial, etc.) • Existing traffic volume (by direction during peak hour) • Capacity supplied • Existing deficiencies (if any) b. Determine new roadway demand. Work closely with the North Central Texas Council of Governments to determine the number of trips that will be generated in each service area over the next ten years and the next 25 years. The new trips will be multiplied by the average trip length to determine the new vehicle miles of demand generated by new development. [For the purpose of the fee estimate, it is assumed that any fee charged by the NCTCOG for providing services to this study will be paid by the City of Denton under a separate agreement between the City of Denton and the NCTCOG.] C. Prepare a roadway Capital Improvcmems Program. Work closely with the North Central Texas Council of Governments to prepare a ten (10) year traffic proje_tion for the city. Work closely with City of Denton staff to identify and recommend specific roadway projects and develop cost estimates. Cost estimates will include e;Igineering, right-of-way, construction, bridges, and traffic signals. It is assumed that the City of Denton will provide information as it relates to financial costs of proposed projects, any previous assessment collected from development for roadway improvements and assist in determination of urdt cost for right-of-way acqvisition. [For purposes of a fee estimate, it is assumed that any fee charged by the NCTCOG for providing services to this study will be paid by the City of Denton under a separate agreement between the City of Denton and the NCTCOG] The following information will be developed: • Roadway segment name • • Proposed project limits • Number of lanes • Length • Project cost Page 6 of 19 457-0450 r 1 1 • I • I 1 A.nnltn U~d. Prepare a roadway projects database. Utilize information contained in the Capital— Improvement Program to develop a roadway projects database for each service area, to include the following information: • Roadway segment name • Roadway segment limits • Number of lanes • Length • Type • Cost • Number of vehicle miles of capacity supplied C. Calculate a maximum cost per service unit (vehicle mile or travel) for each service . area. f. Develop a land use equivalency table. Prepare a listing of specific land use types (based on ITE land use categories) and develop a recommended service unit generation rate for each land use. The service unit generation rate will be based on the number of primary trips generated by the land use during the peak hour and the average trip length. g. Prepare a report that documents the methodology, findings, and recommendations of the study. Submit 10 copies of the report to the City of Denton for review. Based an written comments, prepare and submit 10 copies of a final report. h. Present the analyses and results to the Advisory Committee. i. Present the analyses and results at a public hearing before the Denton City Council. j. Attend up to two additional meetings with City of Denton staff and one additional meeting with the Impact Fee Advisory Committee. Additional meetings beyond those listed in items h, i and j are considered additional services and will be billed as such. • i Work Products for Task 4 Inventory of existing roadways Roadway Capital Improvements Program • Roadway projects database Page 7 of 19 457-0450 a • 1 Landuse equivalency table Report Presentation to Impact Fee Advisor, Committee Presentation at public hearing ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, unless so identified, are described as follows: A. Attendance at additional meetings beyond those laid out in Article Ill. B. Assistance with accounting procedures to implement impact fee accounting. C. Assistance with development of water and wastewater Capital Improvement Programs to be provided by OWNER. D. Assisting OWNER or Contractor in the defense or prosecution 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 statemcnts, feasibility studies, appraisals, evaluations, assessment schedule, and material audits or inventories required for certification of force account construction • performed by the OWNER. G. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for th, 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. ; • • Page 8 of 19 457-0450 O 0 • O • 1. i 1. Appearing before regulatory agencies or courts as an expert witness is any titigelioo, 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 geotechnica! investigations for the site including soil borings, related analyses and recommendations. K. Providing expertise for the update and validation of the Denton traffic forecasting model (TRANPEAN). L. Any additional services required by the OWNER not included in Basic Services. ARTICLE V RESPONSIBILITIES OF OWNER A. Designate in writing a person to serve as 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 this project. B. Assist the ENGINEER by placing at the ENGINEER's disposal all available information pertinent to the project, including previous reports. 1 C. Provide a reproducible base map of the city, a City Thoroughfare Plan map, and water and wastewater system maps. D. Provide an existing roadway inventory of all existing thoroughfares (arterial and collector streets). Specific information to be provided includes: i • • Roadway name • Roadway segment limits • Length (in miles) • Number of lanes • Type (divided, undivided, minor arterial, major collector, etc.) • • P.M. Peak hour directional traffic volumes (as current as possible) • Page 9 of 19 457-0450 I (a • 1 ` E. Select and appoint an Impact Fee Advisory Committee. F. Carry out land use planning required for impact fee development as follows: • Determine the current population and land use for the designated planning subareas (traffic survey zones) and analyze past trends in population and land use. • Project growth in population and land use by subarea for the next ten years and the next 25 years. • Prepare land use assumptions for presentation to the Impact Fee Advisory Committee and the City Council. • Present land use assumptions to the Impact Fee Advisory Committee. • Present land use assumptions at a public hearing before the Denton City Council and obtain City Council approval of laid use assumptions. G. Provide a water and wastewater Capital Improvements Program (developed by a registered professional engineer): • Develop and/or update an appropriate water distribution system model. • Develop and/or update an appropriate wastewater collection system model. • Determine improvements needed for the water distribution system for current conditions, 10-year growth, and 25-year growth. • Determine improvements needed for the wastewater collection system for current conditions, 10-year growth, and 25-year growth. • Determine improvements needed for raw water delivery, water treatment, treated water storage, and wastewater treatment for current conditions, 10- year growth, and 25-year growth. Consider Key Rate Irsurance requirements 1 and TNRCC regulation in determining treated water storage needs. • Develop a Capital Improvements Program for the next 10 years for water and 3 wastewater. H. Develop cost estimates for the Capital Improvements Program for water and wastewater. 1. Provide information (based on modeling) on the use of new facilities tinder current conditions, in 10 years, and in 25 years. Page 10 of 19 457-0,.,,! • 0 ; i I • F o J. Provide a list of existing water and wastewater facilities with unused cap be considered in impact development. Include date constructed, initial cost. and use under current conditions, in 10 years and in 25 years. K. If necessary, provide payment to NCTCOG for their work to develop roadway demand and 10-year traffic projections.. L Provide information on the method of financing expected for water, wastewater and roadway Capital Improvement Programs. M. Sear all costs incident to performance of this ARTICLE V. ARTICLE VI COMPENSATION A. COMPENSATION TERMS 1. "Salary Cost" is defined as the cost of payroll for ENGINEER, ENGINEER'S employees, draftsmen, technicians, surveyors, clerks, laborers, etc, for time directly chargeable to the Project, plus Social Security contributions, unemployment compensation, insuranca retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary cost is equal to 1.48 times payroll. This factor is i adjusted annually). 2. "Sub-Contract Expense" is defined as the expense that is incurred by ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. 3. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. f s ~ Page 11 of 19 457-0450 a 'I4 .Y Iv'1 f✓N .5 1iA 1 rY • 0 • B. BASIC SERVICES For and in consideration of Basic Services to be rendered by ENGINEER, OWNER ~ agrees to pay based on the Schedule of Charges shown in Attachment A, with total fee not to exceed the cumulative fee authorized by OWNER. Authorization by OWNER of each tesk will add to the cumulative fee authorized as follows: i i k Additional Fee Authorized 1 Task 1 - Presentation on Impact Fees S 3,400 Task 2 - Initial Steps and Land Use Assumptions $ 2-5,300 Task 3 - Water and Wastewater Impact Fee Development $24,900 Task 4 - Roadway Impact Fee Development S 41.300 Total Maximum Fee $94,900 The not to exceed limit shall apply to the total of all authorized tasks and not to each task individually. Partial payments to the ENGINEER will be made on the basis of monthly statements indicating the progress of the work, showing hourly rates based on the Schedule of Charges attached to and made a part of this agreement as Exhibit A, the services performed and who performed the work, 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% of the contract amount until completion of the project. Nothing contained in the article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the City Manager 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 ;s 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 requite additional payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without first obtained written authorization from the ' Page 12 of 19 457-0450 i i • A • 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 t,,_ ( QGINEER for services satisfactorily performed and expenses within forty-five (45) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of I percent (1%) per month from said forty-fifth (45th) day, 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 increase the amounts due hereunder or to suspend services for OWNER's failure to pay for services which are unsatisfactory as reasonably determined by OWNER's City Manager or which are not submitted in compliance with this contract. 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 ENGINEER's compensation. ENGINEER understands and agrees that OWNER is a municipal corporation and a political subdivision of the State of Texas which is exempt from most taxes and assessments. I ARTICLE VII OWNERSHIP OF DOCUMENTS I documents prepared or furnished by the ENGINEER (and ENGINEER's • indeper, °nt associates and consultants) pursuant to this Agreement shall become the properq u! the OWNER on the termination of this agreement. The ENGINEER may make and retain copies of all documents for information, refererce and use in related projects. Any use by OWNER of these documents in any other project unrelated to this project shall be at OWNER's sole risk and expense. Page 13 of 19 457-0450 • m • r ,I f L. 11,''1.~~ s,1 ARTICLE VIII INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless and defend the OWNER and its officers, agents, and employees, at ENGINEERS cost, from all claims or suits on account of any injuries or damages received or sustained or liability of whatever kind or character by any person or persons or property, 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. ARTICLE IX INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance with a company rated at least B+/X by Best's Key Rating Guide authorized to do business in Texas 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 occurrence 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 arxident. C. Worker's Compensation Insurance in accordance with statutory requirements e 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. Page 14 of 19 457-0450 0 0 • 1- a • % E. The ENGINEER shall furnish insurance certificates r16- ovi&t Ce such-- - coverages. The certificates shall contain a provision that such fisuranceshall--- not be canceled, non-renewed or materially modified without 30 days prior written notice to OWNER, evidenced by return receipt of United States Certified Mail. ENGINEER shall furnish OWNER with copies of these policies or certificates evidencing such coverage within ten days of the date of execution of this agreement. ARTICLEX ARBITRATION No arbitration mediation or other form of alternate dispute resolution 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. ARTICLE Xl TERMINATION OF CONTRACT A. This Agreement may be terminated by either party upon thirty (30) days written notice. In the event of any termination, the ENGINEER will be paid for all satisfactorily completed services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses direcay 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. B. This agreement may be terminated in whole or in part, by notice in writing, by either party in the event of substantial failure by the other party to fulfill its obligations • under this agreement. No such termination may be affective, unless the other party is given (1) written notice, (delivered by Certified Mail, return receipt requested) of intent to terminate, indicating the substantial failure and giving the party thirty (30) calendar days to cure the failure; and, (2) an opportunity for consultation between the parties. • r • • Page 15 of 19 457-0450 • i • Y n ARTICLE X11 - SUCCESSORS AND ASSIGNMENT'S The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations 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 employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Abrc°ment shall be construed to give any rights or benefits in this Agreement to : nyont -,her than the OWNER and the ENGINEER, and all duties and responsibiliti~:: .r . pursuant to this Agreement will be for the sole and exclusive benefi. :W1 id the ENGINEER and not for the benefit of any other party. Thzs A8 r vor,.is g of pages 1 to 19 with Exhibits as listed in Article XV, constitutes the entire Agic.rr be een the OWNER and the ENGINEER and supersedes all prior written or Ural un... andings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. ARTICLE XIII 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 su.h approval be deemed to be an assumption of such responsibility by the City for any defect Page 16 of 19 457.0450 • ca • in the design or other work prepared by the ENGINEER, its employees, subcontr~ tors agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Contract shall be personalty delivered or mailed to the respective parties by 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 O'-o'NER to: If intended for the ENGINEER to: City of Denton Freese and Nichols, Inc. Attn: Lloyd Harrell Thomas C. Gooch, P.E. City Manager 4055 International Plaza 215 East McKinney Street Suite 200 Denton, Texas 76201 Fort Worth, Texas 76109 ARTICLE XV A. The following exhibits are attached to and made a part of this Agreement: EXHIBIT A - Schedule of Charges 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 engineering documents 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 • • Page 17 of 19 457-0450 I' • O 4 • a► • t x _ . t.r y directly pertinent books, documents, papers and records of the ENG*llfkifiv! Rrfng^- .1 transactions relating to this Agreement. ENGINEER agrees that OWIER-tW have, access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate 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 tie in a court of competent jurisdiction in Denton County, Texas. F. ENGINEER shall comply with applicable Federal, State and Local laws, riles, regulations and ordinances applicable to the services ordered by this agreement. G. In performing the services required hereunder, the ENGINEER shall utilize personnel, agents or associates who shall be qualified and shall be authorized under applicable laws to perform such services. H. The captions of this agreement are for informational purposes only and shall not in any way affect the substantive terms and conditions of this agreement. The parties represent that the officers signing this agreement below are duly authorized to fully bind the parties to the terms and conditions of this agreement and have executed same on this - day of September, 1995. • Page 18 of 19 457-0450 i • o w • A • i a~^,~n9 ,tea i This contract is executed in four counterparts. CITY OF DENTON, TEXAS Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary by: - APPROVED AS TO LEGAL FORM: City Attorney by: FREESE AND NICHOLS, INC. Engineer Ronnie M. Lemons, P.E. ' Senior Vice President li • WITNESS: t Page 19 of 19 457.0450 • 0', M1. Yr;Y t M , • 0 E)OISITA i..; SCHEMA OF CKARGES Poeffm WIN MAX ONOWA-L- -fw.--Tnw GER. MANAGER 100.87 $1201 ABR. DER. MANAGER 7081 0.93 DEPT, COORDINATOR /8.41 10171 PROORAM MPIWER 70.21 01.11 SOMA ENGINEER 0111 120.01 ENGINEER V 10,01 108.54 ENMNEER N 0.87 0.17 ENGINEER M 0.54 1220 ENGINEER 0 0.u 67.11 ERJGINEER I 10.01 "M ENGINEER NICADO DOMINATOR 87A7 82.81 OR. 2LECTRIUO ENGINEER 07.00 1!1.21 CLECTIRICAA ENGOEER V 7021 020 ELECTR" ENGINEER N 7218 0.4 ELECT111" ENGOEER M 42.77 0.01 SR. MECINANOM ENOINENI 101.0 MIMI MEC+WICAL ENGINEER N 01.06 0.0 MECIWICAL ENGINEER M 1726 0011 REMOENT EN704IR 02.16 111.93 SfN*R REINVENT PZPMKWTAT14 87.72 00.70 HELD REPRESEMATNE 1 54.24 57.42 DESIGNER 0 77.20 42.17 DESIGNER 1 4.0 0711 6ENIOR ENOI "MING TEC NIClW 06.46 7SM ENOMERINGTECHICVIN 47.54 $34 TECHNICIAN 1 4242 42.16 TEMNCIAN l 2720 17.71 DRAMA 61,17 70.22 CONSTRUCTION SCAW"S TECH 1 42.10 u.0 CONMTRLCTION SERVICES TECH 1 26.77 7222 PLANNER N 5410 4.93 ENYMONMENTAL 9MNTNTN S ASST DEPT MANAGER 71,42 42.00 ENNIRONAENTAL SCIENTIST V 87.11 67.0 E/NNONMENTAL SCIENTIST N 0141 71,52 ENVIRONMENTAL SOEMIST M 0611 7622 EIMMON RENTAL SMIMST I 4.00 60.0 ENVVUXASNTAL SCIENTISTI 11.00 46.12 NICNRCTV 07.16 0.0 MCIITECT N 70.00 00.70 MCNTECT M 0.01 71 14 MCNITECTN 06.0 0.11 BENOR GEOLOOST 71 AS 54.72 WfORM0GIST 0 40.0 61.54 HYDRDOEOLOOIST 4,08 10.07 WORD PRIXESSINGINCRETAIIAL 71.78 4024 ASSISTANT M DMSION MANAGER 4.42 7147 OONTRACT ADMINISTRATOR 4.0 620 OIORMATIDN SERVICES CLERR 7227 454 CQ-OP 1726 70.70 Ao.0' ar 1e6d&d nld" an he sdp.~1 ~a M ii RAIEO POR Ot*MV BERN aft~ PC CAD and $10 00 M Aav o" "cc w pkl MMpro 612.60 Po hair Cole 93.00 pw Plot • PC 911190r0 $.0 N Inu VoOum 44.00 pr plat VAX C nPOAW~ 930.00 p• Nme M7w 110.00 pw PIol u~ITi s 50.07 pff sq w bat 0" Ind X&54 Cop" 0.87 Pff ek* aide eopy DOW MW Xwm Capoo 00.11 pow dadr►"oep7 Dec Sit VMGS carte) 93 00 Pa book GBC Bktdkg(Emba. Ce w) 4.00 pw book TAM BkI&vftp Ca ) 81,76 Pn book TAg Bkldlrtp(El *m- Co ) 93 ,76 pa book s Too" c 9300 00 ►a 1 0 d • • J GM DobeSal Si0.00 p■ %a OTHER DNECT E]PENSE7 OOa db upomi MatWN4 r and"Nft I darer at t. M T1r1 W.d. atV6 pLha~a npoAAa. 4254 iwdlM~w m tr.da" swam ew+l trw pw"m ow b W" b Tat Ma9 we ~vwl7nlrMd b Y ak W udnlmai 4 hlvW7 a+~'1d~ brf ad ~t M ngLd b `oaw by t prm adr am MN mwd~ epm:A u-20-06 • • r DENTON Op0 oaQOaF o000 0 p~O D ~DO~ 00 0 ♦ 0 O G •Z O ~ o ° o o 4 a 0 O DOO ~ ppp 000 0 N °~aoaooaoo°o CITY COUNCIL • • ~ganOaNo 5' 4owai rte in apprtciatton of "THE DENTON ('i11' ('Of M IL" WHEREAS, on July 6, 1993, the tenlon Caq t'ouncil created and appointed a Special Citizens Advivan Committee to provide recommendations regarding an additional sales tax to reduce the prnperty tax; and WHEREAS, the "C'itizcns Sales Tax Advisory Committee" recommended an additional /:R sales tar to reduce the property tax on October 15, 1993; and WHEREAS, on lanuary 15, 1994 the citizens of Denton voted in a special election to impose an additional bit sales tax to reduce the property tax; and WHEREAS, as a result of that election the Ciq Council reduced the property tax rate by 25°., for 1995 and has approsed by an additional 31.4`h reduction for 1996; NOW, THEREFORE., THE C'ITIZEN'S SALES TAX ADVISORI' COMMITTEE RESOLVES: That the DE.NTON CITY COUNCIL be commended for their diligent and pr!dent administration of the property tax reduction and that commendation be formally conveyed to them in a permanent manner by recording this resolution upon the official minutes of the City Council of the City of Denton. Texas and forwarding to them a true copy thereof Pa a token of our appreciation. PASSED AND APPROVED this the _ day of 1995. TOM HARPOOL, CHAIR CITIZENS SALES TAX ADVISORY COMMITTEE; • ATTEST: 1LNNIFER W'AL.TERS. CITY SECRETARY i BY, APPROVED AS TO LEGAL FORNI lfFP^.: kT L. PROU'I'N', CITY ATTORNEY 1 • P • i i i i 7 i I i ~ o ~o e Lm IFM