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HomeMy WebLinkAbout11-07-1995 d4 f i ~ i i II CITY COUNCIL AGENDA PACKET 11-7-95 r I 1 I { a r • • AGENDA CITY OF DENTON CITY COUNCIL November 7, 1995 pp Closed Meeting of the City of Denton City Council on Tuesday, November 7, 1995 at 5:45 p.m. In the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME RF,GARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 1. Closed Meeting: A. Le 31 Matters Under TEX. GOVT CODE Sea. 551.071 1. Discuss and take action (in open s~.31,~n) settlement and defense of contemplated litigation concerning the denial to r~ zone 3.753 acres from SF-7 to Offi i zoning on the south ride of I-35E and Lindsey street. II 2. Consider action in Leyonitis V. City, : al, i B. Real Estate Under TUX. GOVT CODE Sec. x7.072 C. Personnel/Board Appointments Under TEX. GOVO CODE Sec. 551.074 - Hold a discussion regarding the appointment oL k., interim City Manager and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, November 7, 1995 at 7:00 p.m. in the council chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance 2. consider approval of the minutes of August 1, 1995 and August 8, 1995. 3. Citizen Reports A. Receive a citizen report from Dessie Goodson regarding vari.•is issues concerning the City. B. Receive a citizen report from Bob Stermer regarding taxi cab service in the city. • 4. Citizen Requests A. Consider a request from Mark Knabe of 4K Productitns for an exception to the noise ordinance Sunday, November 19, 1995 from 2:00 p.m. until 6:00 p.m. for the use of a public address system at the North Texas State Fair Grounds Rodeo Arena. • 5. Public Hearings • ' A. Hold a public hearirnj and consider adoption of an ordinance to rezone 4.095 acres from the Light Industrial (LI) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Kerley and Scott in the Willowcreek Addition. (The Planning and Zoning Commission recommends approval, 6-0.} • c> 9 City of Denton City council Agenda November 7, 1995 E Page 2 ; pand3ltem B. Hold a public hearing and consider adoption of an ordinance to rezone 1.173 acres from the Agricultural (A) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Windsor and Riney, (The Planning and Zoning commission recommended approval 6-0.) C. Hold a public ~iearing and consider adoption of an ordinance apyroving a Specj.:Jc Use Permit for Colonial Lodge of Denton. The 11 acre site is located on the ist side of Bernark ttreet, roximately 750 feet south of Col' (The Planning a Zoning J.mission recommends approval, 7-( 6, Receive a report and consider approval c: an annexation ache a with regard to the proposed annexation and zoning of (1) a 11.34 a i tract located east of Mayhill Road and north of Blagg Road, (2) a 2 32 acre tract described as Forrestridge Sectior 'T. and (3) a 34.78 a i tract located in the clear zone south of the a sting runway, in the cinity of the r ton Municipal Airport. (A-691 -70, and A-71) (The fanning and Zoni Commissi, :recommends approv.' of A-69.) 7. Consider varian.;es to Section 34-114 (5) and (17) of the subdivision and Land Development Regulations (perimeter street paving and sidewalk requirements), for Lots 1 and 2, Block A of the Batey Aldition. The 6.003 acre tract is located on the north side of Blagg Road, approximately 1,200 feet east of Mayhill Road, (The Planning and Zoning commission recommends approval of both requests, 7-0.) 8, Consent Arndi, Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the staff recommendations. The city council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back-up information is • attached to the ordinances (Agenda items 9.A, 9.B, 9.C, 9.D, 9.E, 9.F0 9.01 9.H, 9,1, 9.J, 9.K0 9,L, 9.M). 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. e A. Bids and Purchase orders: 1. Bid #'1805 - Cement, Lime, Aggregate 2. Bid #'1794 composting Facilitices J 3. P.O. #60409 Covey Leadership Center 4. P.O. #'60838 - Siemens Power Corporation 5. P.O. ;60839 - General Electric Company O 0 • City of Denton City Council Agenda AV* MI' November 7, 1995 Apai IU+n Page 3 DaN B. Payments 1. Upper Trinity Regional Water District 2. Texas Natural Resources Conservation commission 3. American Public Power Association C. Professional 1. Corgan Associates - Architectural services for renovation of Municipal Building i3 D. Inter ocal Agreements 1. P.O. 0604:4 - P -Galveston Aret 'run(, 2. Jity of Rr trke - L.. lposition of Dog ind t 3. Denton Cot, y - Dii ,aition rf Dogs is Cat ~ 1. enton Cot y - Lic y services 5. Irexas Depa~ :ent of Transportation 9. Consent Agenda Ordii anc,js A. r ider adopt of An Err' :e accep I competiti aids and awareing a c~ of mat, , equipment. supplies or services, (S.A.1. - Bid 01805) B. consider ac-ntion of an ordinance accepting competitive bids an-i providing for the award of contracts for public works or improvements, (8,A,2. - Bid 01794) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids, (8.A.3. - P.O. ,060409) D. consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids, (S.A.4. - P.O, 060838, 8.A.5. - P.O. 0`60839) • E. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for administration and project fees as per contract agreement with the Upper Trinity Regional Water District. (8.8,1,) F. Consider adoption of an ordinance authorizing the expenditure of funds for the fourth quarter payment by the City of Denton for • solid waste permit fee with the Texas Natural Resource Conservation • + Commission. (8,8.2.) G. Consider adoption of an ordinance authorizing the expenditure of funds for annual dues for membership by the City of Denton in the 3 American Public Power Association, (8.8,3,) • O ra 0 S City of Denton City Council Agenda Aoerih No, November 7, 1995 /;peidaItem Page 4 H. Consider adoption of an ordinance authorizing the City Manager to execute professional services contract with Corgan Associates, Inc. for architectural services for renovation of the Municipal Building. 1. Consider adoption of an ordinance authorizing the Mayor to execute a 7urchase order with the Houston-Galveston Area council. of. Go.ernment for the purchase of various goods and services by way of :n interlocal agreement with he City of Denton. (r D.1. - P.O. x/6("24) J. r +s' ption of an ordl snce a- +r. izing the Ma} c t j execute f agreement between the ci' of Dan id the City 4 P ;poke for impoundment and dispos! d cats and t Collection fees pursuant to the pr rislUno of 9 agreement (8.D.2.) K. consider adoption of an c inance author l,na the Mayo. to execute an agreement between the Lty of Denton ind Denton county for tho 'Japoundment and disposJ' 1 of dogs and vn' and the collection of suant to the pi of SQ.` ement. L. Consider adoption of an ordinance authori ing the mayor to execute an agreement between the City of Denton and Denton County for the provision of library services. (8.D.4.) M. Consider adoption of an ordinance aut -)rizing the mayor to execute an interlocal agreement between the City of Denton and the Texas Department of Transportation for the design and construction of the Denton Branch Rail Trail project. (8.D.5.) 10. Ordinances A. consider adoption of an ordinance authorizing the Mayor to enter into interlocal agreements for Lake Safety Task Force and Law Enforcement at Lake Ray Roberts and Lake Lewisville with Denton County, the Corps of Engineers and various other municipalities and governmental agencies in the north Texas area. • B. Consider adoption of an ordinance providing for the renaming of Payne Drive to Windsor Drive. (The Planning and zoning commission and Historic Landmark commission recommend approval.) C. Consider adoption of an ordinance reducing the maximum prima facie speed limit for a portion of Oakland Street from its intersection with Texas street to its intersection with Locust Street from 30 • miles per hour to 20 miles per hour. (The Traffic Safety Commission • ' recommends approval.) D. Consider adoption of an ordinance approving no parking on the east side of Locust street between Oakland and University Drive. (The Traffic Safety Commission recommends approval.) • 0 e c~ , Agenda No. City of Denton City Council Agenda November 7, 1995 Apmda hem __s._. Page 5 Date E. consider adoption of an ordinance approving no parking on the south side of Londonderry Street between Teasley Lane and Hollyhill Lane. (The Traffic Safety commission recommends approval.) F. Consider adoption of an ordinance authorizing the Mayor to execute I A-sndment No. 1 to the agreement between the City and HOPE, Inc. aa•.:ed November 15, 1994 to allow for additional time for I expenditure of funds. G. Consider adoption of an ordinance approving and authorizing the r'`.ty Manager to execute a compromise settlement agreement in the matter of Sor, et -al-v. City of Denton. Texas. H. Consider adoption of an ordinance approving the release of various paving liens assessed against homesteads by ordinance Nor,. 69-30, 75-45, 76-1, and 76.-27; and authorizing the Mayor to execute said releases, 11. Rnsolutions A. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. P Consider approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority, Inc. C. Consider approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plan) appointing members to that committee; appointing a chairperson of the committee; and setting forth the duties and term of the committee. D. Consider approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards. 12. Receive a report, hold a discussion and give staff direction regarding Willowwood sidewalk easement acquisition. • 13. Receive a report, hold a discussion and give staff direction regarding the election process for the CIP election. 14. Receive a report, hold a disaussion and give staff direction regarding a nomination to the Denton County Housing Finance corporation due to the resignation of the City Manager. • p • 15. Consider nominations/ appointments to the City's Boards and commissions. 16. Receive an update from the Acting Chief Municipal Judge regarding Municipal court. 17. Vision update 18. Miscellaneous matters from the City Manager. 0 O c~ City of Denton City Council Agenda November 7, 1995 Agenda llern. Page 6 Dalo_ _ 19. Official Action on Closed Meeting Items: i A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 20. New Business This item provides a section for Council Members to suggest items for future agendas. 21. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1995 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED r THROUGH THE CITY SECRETARYfS OFFICE. ACCO02CB I • O • e., 0 DENTON oo~°Q°°°°°ooo 00~~ OF OOti ~o QD dC~ G x Q 0 0 o ~ r- o C.. o ° d ADO OHO DOOp''o~T, ~~~0~0 Dd00aDODO a IC TY COUNCIL r o ~ e e .r..^- . Apmit3 40 AW* tlim CITY OF DENTON CITY COUNCIL MINUTE August 1., 1995 The Council convened into a Closed Meeting on Tuesday, August 1, 1995 at 5:45 p.m, in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council. Membars Cott, Krueger, Miller and Young. ABSENT: Council Member Brock 1. The Council convened into a Closed Meeting to discus the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551 1 1. Discussed City Attorney's opinion on enforce, lity of paving liens and potential litigation re sting to same. B. Real Estate Under TEX. GOVT CODE Sec. 551.0 C. Personnel/Board Appointments Under TEX. GIVI'1 C"E Sec. 551.074 The Council convened into the Regular Meeting on Tuesday, August 1, 1995 at 7100 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Cott, Krueger, Miller and Young. Absent: Council Member Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance, Mayor Castleberry presented the Yard of the Month Awards: e Mildred and Al Ardoin Dennis and Chris Loccisano Joshua and Jacob Jezek Betty Bonds Golden Triangle Mall Mayor Castleberry presented a proclamation for Ozone Awareness Month. e e e 2. The Council considered approval of the minutes of June 6, 1995. Biles motioned, Young seconded to approve the minutes. e 4 c> a Agenda N0. 4 Rgenda l(em city of Denton City Council Minutes P e August 1, 1995 Page 2 Council Member Miller stated that the minutes indicated that lie was absent from the meeting. He indicated that he was prfsent and asked the minutes to reflect that. C roll vote, Miller "&yell, Young "aye", Cott "aye", Kii ager "aye", b 'ies "aye", and Mayor 4astleberry "aye". Mot on carried u inimously. 3. citizen Reports A. The Counc received a citizen re.-rt 'rom Teri Woods a larding an easeme dedication at Windsor and L oust. s Woods stated it her discussion conce ed a paved easement ,e;tind her duple she owned a duplex c Wi,,dsor Drive which oordered on the ith side of the recentl% approved Cooper Glen apartments. W'-1 expressing their nei )orhood concerns and negotiating with International Propertie it was noted that the concrete drive behind the duplex garage i 9 dedicated easement. She had been told that originally Windso, irk developers dedicated a 16' concrete easement with the intention of forming a homeowners association. Under the setup, the duplex owners were to maintain the easement. . wever, before all of the duplexes were sold and before the ho, ..,aners association coin: be formed, Windsor Park developers went bankrupt. It was then taken over by the Denton Savings Bank and ultimately by the RTC. The easement was actually 20 paved feet as opposed to the 16 feet which was dedicated in the plat, The additional four feet over lapping onto the concrete easement: was owned by International Properties, International Properties offered to join the duplex owners and dedicate their four feet in addition to the 16 feet on the plat if the city would accept a re-dedication. The problem was addressed at the Planning and Zoning public hearing on July 12, No one seemed to know how to generate a joint petition to re-dedicate the concrete easement to the City. Paul Williamson from the City Engineering Department. • informed her that the Tax Assessor's office indicated that the easement was listed with a value of $26,000 with no taxes collected, The Assessor's office then called him back to indicate that there was a mistake and the property should be listed as zero value, exempt from taxes. she felt that the dedication never took place as the original developer did not finish the development and the homeowners association was not formed, This would be a good • time to clean up the plat with the building of the new apartments in the area. There were no other paved eunements in Denton thus • the council would not be setting a precedent. She asked the Council to accept the concrete easement from the homeowners. I i a 0 City of Denton City Council Minutes Da1e.____._.,,___•,__,_ August 1, 1995 - • m _ . Page 3 Mayor Castleberry indicated that staff would look into the situation and return with more information, B. The Council received a citizen report from Joe Dodd regarding additional revenue sources. Mr, Dodd suggested that government should perceive citi7.ens needs. If. a builder/developer wanted to use land in a certain manner and the neighbors did not want that use, the city should help those people buy that land. It could then become a park which the City charged the neighbors to maintain. He suggested the City hire students to research zoning and to develop an accurate zoning map. He would like the City to yell copies of the real charter. People on bicycles were not following the rules of the road. They should be required tc wear helmets, etc. He suggested running ads on Channel 26. He felt that a voluntary fire program was a bad idea. Individuals should pay to wear the uniform. Some type of program could be developed for those individuals to ride and work on a fire truck. The city should consider a theater and art tax. C. The Council received a citizen report from Alan Hempstead regarding the "Fill-The-Hoot" campaign. Mr. Hempstead stated that the Fire Department would like to participate in the Fill-The-Boot campaign. This campaign would raise funds by soliciting donations on street corners. An ordinance had been drafted previously which would allow them to solicit on the streets. Council Member Young asked if 100% of the money raised went to the charity, Hempstead replied yes that 100% of it went to the charity, This was all. volunteer work by the firemen. seventy-seven percent of the funds from Muscular Dystrophy went back to patient care. • D. The council received a citizen report from Dessie Goodson concerning various issues regarding the City. Ms. Goodson stated that on July 18 she went before Council regarding SPAN and problems she had since 1993. On July 19th she called every "ounril member regarding a meeting she had requested on July 20th. At that meetinq on July 20th she presented tapes and • pictures verifying the same complaints she had been discussing from • • the SPAN drivers, on Friday, July 21st she fell getti.ng off thF trolley at Denton and oak after stepping on a piece of flat rubber connected with the trolley. The point she was making was that if the drivers were suppose to inspect and clean up the trolley at the • O , • G7 O a No. a Ilem__- City of Denton City Council Minutes A F ugust 1, 1995 Page 4 end of the day and were to look over the trolley the first thing in the morning, why was there rubber on the floor. Something had to be done before someone nlr•:e got hurt. She could not get help getting her medicira af' -he hurt herself on the trolley. The City should take ca) ~i of her needs while she was hurt, She could not get ra, a z;t was not old enough and SPAN did not provide that sei y,c °elt, something needed to be done with the manager of SPeu.. n:. t'Y ' )es did not lie and she had filed an accident report and clai!r report with City. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance for the Detail Plan of the Villas of Piney Creek. The subject property consisted of 15.413 acres, and was in PD-6. The property was located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard. (The Planning and Zoning Commission recommended approval 4-0.) Frank Robbins, Director of Planning and Development, stated that this was a detailed plan for Planned Development - 6 for single family detached zero lot line development. There would be 106 lots in the development with a density of 6.87 units per acre. The concept plan for PD-6 in this area was for cluster homes at a density of 12 units per acre, The proposal was almost half of the density as shown in the existing planned development. These were small lots whi,.h would be 80% covered by the house, The Planning and Zoning Commission recommended approval of the detail plan. The Mayor opened the public hearing, 1 Pat Adkins, representing the owners of the property, stated that the property was currently zoned under Planned Development - 6 which allowed for attached multifamily use at 12 units per acre. The proposal was for single family detached homes. The property was adjacent to existing retail establishments with a bowling alley • and bank. The entry point would be off Piney Creek Blvd, and would be the main point of entry. This would be a self contained development with all residential development done in cul-de-sacs, The intent of the plan was to provide 1.3 acres for a community ! center with tennis courts on the western side of the property. The streets would be built to Denton standards and would be maintained 6 by the homeowners. The homeowners association would be responsible • • for front yard maintenance. These would 1600-2200 square feet homes with an average cost of $125-140,000, City staff had been very supportive in working out the details of the plan, i • City of Denton City Council Minutes August 1, 1995 Page 5 Council Member Cott asked if the developers expected to expand at any point in time. Adkins stated that all of the 15 acres in the area had been purchased. It was the intent to provide a three phase development of the property. Council Member Cott asked about the accessibility of fire trucks and other EMS vehicles. Adkins stated that the major entry point would be Piney Creek Blvd. Thee would be a parallel roadway syseem along the southern property line for access and along the eastern side for access, The Fire Department had reviewed the plans and was supportive of the arrangements. Ed Bright stated that he had done several projects in Denton and would be the project leader for this proposal. The development would be built to Denton's standards and would be a quality development. He asked for approval of the proposal. No one spoke in opposition. The Mayor closed the public nearing. The following ordinance was considered: g NO. 95-133 AN ORDINANCE Or THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT SIX (PD- 6), WITH RESPECT TO 15.413 ACRES OF LAND LOCATED THEREIN, NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO • FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION A BYLAWS AS PROVIDED IN SXHIBIT C1 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. r. ~ Miller motioned, Cott seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", 1(rueger "aye'', Biles • "aye", and Mayor Castleberry "aye". Motion carried unanimously. • • 4.a • r • ApCnda q0. . E.Uenda 1lem City of Denton City Council Minutes Date =V„~ August 1, 1995 Page 6 5. Consent Agenda Biles motioned, Young seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "ayetl, Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid 01769 - Single Family Home Construction 2. Bid 11776 - Precast Manholes for Electric Distribution 3. P.O. 055299 - Boyd Excavation 4. P.O. 056409 - Motorola 5. P.O. 055718 - Jagoe Public 6. Consent Agenda ordinances The Council considered Consent Agenda Ordinances 5A - 5E. Biles motioned, Cott seconded to adopt Consent Agenda Ordinances 5A - 5E. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Mction carried unanimously, A. NO. 95-134 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES4; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid 01.776) B. NO. 95-135 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; • PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR' AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - 01769) C. NO. 95-136 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR • SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW • EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - P.O. 055718) O 0 • a> • City of Denton City Council Minutes ~VgdaNo August 1, 1995 ~~Jenda flarn. Page 7 D. NO, 95-137 AN ORDINANCE PROVIDING rOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (5.A.4. - P.O. 156409) E. NO. 95-138 AN ORDINANCE AMENDING ORDINANCE NO. 95-120 RELATING TO THE EMERGENCY EXPENDITURE OF FUNDS FOR THE REMOVAL OF CONCRETE RUBBLE OVER HICKORY CREEK SEWER FALL LINE BY BOYD EXCAVATION AND PROVIDING FOR THE EXPENDITURE OF ADDITIONAL FUNDS. (5.A.3. - P.O. #55299) 7. ordinances A. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Affordable Housing Corporation for an increase in the supply of affordable housing in the City of Denton. Barbara RosG, Community Development Ldministrator, stated that adoption of this ordinance would approve an agreement between the City and the Denton Affordable Housing Corporation. The Corporation would be the vehicle to facilitate the public/private partnerships to increase the supply of affordable housing. It would also help leverage federal dollars with private dollars. The agreement provided $75,000 in HOME program funds to the Corporation. Council Member Cott asked where the funding would be coming from • the next two years given all the changes in funding in Washington. Ross stated that it was the mission of the Executive Director of the Housing Corporation to seek funding to continue the organization. she expected to continue to receive HOME funds at least through 1996. It was the agency's responsibly to find funding. Mayor Pro Tem Biles asked how many City dollars would be used. ( • • Ross replied that there were no general fund dollars being used. it was strictly HOME dollars. i a • Agenda No.,..,.. ngenda Ilem ICity of Denton City Council Minutes DatE r r August 1, 1995 Page B The following ordinance was considered: NO. 95-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION FOR AN INCREASE IN THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE. Miller motior-d, Hiles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles I! "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to act on behalf of the City of Denton in executing the owner's Certificate of a Final Plat of Lot 1 of the Fire Station 4 Addition. Rick Svehla, Deputy City Manager, stated that in 1963 the City purchased a piece of this tract of land which was not subdivided properly. Since that time, the owners of, the rest of they property wanted to plat. Staff needed council's authorization to have the City Manager sign the documents to compete the replattinq requirements. Mayor Pro Ter Biles asked who paid for the process. Svehla replied that the City was paying as it was the one who illegally subdivided the property. NO. 95-140 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNER'S CERTIFICATE OF A FINAL PLAT OF LOT 1 OF I THE FIRE STATION 4 ADDITION; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye4,, Younq "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • C. The Council considered adoption of an ordinance amending • ` a portion of thn. schedule of electrical rates contained in ordinance No. 94-162 by amending schedule General Servics Large ("GSL") to convert from the present kilowatt ("KW") demand billing to kilovolt amperes ("KVA") demand billing. (The Public Utilities • 0 Agenda IJO Agenda lam- City of Denton City Council Minutes Gale August 1, 1995 Page 9 Board recommended approval.) Bob Nelson, Executive Director of Utilities, stated that in an electric utility system there was a certain form of energy used to magnetize motors. Capacitors could be used to make up that energy. Denton did that on its system but it was not quite enough to keep that kind of energy off the system. The proposal was to measure in KVA instead of kilowatt and to reduce the demand charge by lot. The Public Utilities Board recommended approval of the 10% reduction in the demand charge. The following ordinance was consl,;tored. NO. 95-141 AN ORDINANCE AMENDING A PORTION OF THE SCHEDULE OF ELECTRICAL RATES CONTAINED IN ORDINANCE NO. 94-162 BY AMENDING SCHEDULE GENERAL SERVICE LARGE ("GSL") TO CONVERT FROM THE PRESENT KILOWATT ("KW") DEMAND BILLING TO KILOVOLT AMPERES ("KVA") DEMAND BILLING; PROVIDING FOR A SEVERABILITY CLAUSE/ PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye's, Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott left the meeting. D. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract with William Trantham & Associates to represent W. David Scott in pending litigation styled Kathy Disheroon v. W, David _Scott. Lonnie Flemming and Jim Dotson. Herb Prouty, City Attorney, stated that the ordinance would • authorize the City to hire William Trantham and Associates to represent David Scott in this lawsuit. Mr. Trantham had not signed the contract to date. Council could table the ordinance until the contract was signed or could pass the ordinance with the provision that the City Manager would not execute it until it was signed. The following ordinance was considered: • NO. 95-142 , • • AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WILLIAM TRANTHAM AND ASSOCIATES TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY) AUTHORIZING THE i • rJ • r City of Denton City Council 11inutes August 1, 1995 Page 10 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance with the provision that it would not be executed until signed by Mr. Trantham. on roll vote, Mille. "aye", Young "aye", Krueger "aye", j Biles "aye", and Mayor Castleberry "aye". Motion carried i unanimously, E. The Council considered adoption of an ordinance retaining i the lawfirm of Wolfe, Clark, Henderson & Tidwell to represent Lonnie Flemming and James Dotson in the lawsuit styled Kathy Disheroon v. W. David Scott. Lonnie Flemming and Jim Dotson. Council Member Cott returned to the meeting. Herb Prouty, City Attorney, stated that this was the same law suit but would hire a different law firm from the previous ordinance, Mr. Scott had requested to be represented by Mr. Trantham and the other officers wanted to remain with this law firm. The following ordinance was considered: No. 95-149 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Diles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • F. The council considered adoption of an ordinance retaining E. the lawfirm of Wood, Springer & Lyle, to represent the City in pending litigation styled Ri(;=d and Marylnn_ Brentzel,. Individually and o eehalf of Pamela Brentzel v... City of Denton, Ed Green. and Denton Plaza Shopping Center. 4 Herb Prouty, City Attorney, stated that this ordinance was • requesting the hiring of a law firm to represent the City in E' litigation, This was a personal injury lawsuit where a young girl • • was at restaurant in a shopping center and walked around a car at a take out window. This restaurant was near a drainage ditch and the girl fell in the ditch. As a result, she sued the shopping R: center, the City and the owner of the shopping center, l ti : • 0 • 1 4,~ v City of. Denton City Council Minutes August 1, 1995 Page 11 1 I The following ordinance was considered: j NO, 95-144 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOOD, SPRINGER & LYLE, P.C. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller left the meeting. G. The council considered adoption of an ordinance amending sections of chapter 27 ("Vehicles for Hire") of the code of ordinances and ordinances No. 89-102 and 90-180 to provide for rates to be charged as fares; providing for a maximum penalty in the amount of $500.00 for violations thereof; providing for a severability clause; providing for a savings clause; and repealing any ordinance in conflict herewith. { City Manager Harrell stated that this ordinance was drafted in accordance with the desires of the Council. The following ordinance was considered: NO. 95-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS OF 1 CHAPTER 27 ("VEHICLES FOR HIRE") OF THE CODE OF ORDINANCES AND 1 ORDINANCES NO. 89-120 AND 90-180 TO PROVIDE FOR RATES TO BE CIIARGED AS FARES; PROVIDING FOR A MAXIMUM PENALTY IN THE • AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Biles "aye", and ® Mayor. Castleberry "aye". Motion carried unanimously, H. The Council considered adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides of Carroll Boulevard from its intersection with Fain street to its intersection with Headlee Street, the west side of Denison Street i _ _ 0 . ON 6':y i Agenda Item _ _ Date r_ City of Denton City Council Minutes August 1, 1995 Page 12 from its intersection with University Drive to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee Street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain Street, the south side of Roes street from its intersection with Carroll. Boulevard to its intersection with Bolivar Street, the north side of strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street during the annual North Texas State Fair and Rodeo to be held from August 18, 1995 through August 26, 1995. Council Member Miller returned to the meeting. Joseph Portugal, Assistant to the City Manager, stated that Council had previously approved an annual exception to the noise ordinance for the North Texas State Fair Association. This ordinance would impose a temporary no parking zone during the Fair days. This would benefit the residents in the area, mitigate potential congestion, and maintain traffic flow. Council previously approved such no parking in 1993 and 1994. The following ordinance was considered: NO. 95-146 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS 0 STATE FAIR AND RODEO TO BE HELD FROM AUGUST 18, 1995 THROUGH 0 AUGUST 26, 1995; PROVIDING A SEVERABILITY CLAUSE; PROVIDING t FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. r ~ O Omni j ,4penda Ma. City of Denton City Council Minutes 0,penda llem„_ _ _ Oare_. August 1, 1995 l Page 13 f Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. A, Resolutions A. The council considered approval of a resolution designating a representative in regards to a joint filing for optional extended metro service ("EMS") from the Denton exchange to the Dallas metro exchange. City Manager Harrell stated that Resolutions A and B were related. These two actions would allow GTE to go to the Public Utilities Commission to ask for expansion of a service which had existed since 1992. In 1992, GTE, at the urging of the City, requeoted of the Public Utilities Commission and obtained approval for extended metro service to Denton residents for outgoing and incoming calls from an extended service without paying long distance charges. The prior areas were GTE service areas within the metroplox. Mayor Pro Tem Biles left the meeting. City Manager Harrell continued that the first proposal designated a representative from the City in regard to the filing and it was recommended that the Mayor's name be inserted as the official representative. The second proposal authorized the City Manager to execute the joint agreement with GTE. If granted by the Public utilities commission, the service would extend to include the Dallas metropolitan exchanges under the jurisdiction of Southwestern Bell with no additional cost to the Denton resident. If a resident already had the extended service it would not cost any more for the additional exchanges. Melvin Willis, GTE, stated that the service was called a premium • plus calling plan at this time and would be extended metro service when the Dallas area was added. Mayor Pro Tem Biles returned to the meeting, The following resolution was considered: NO. R95-037 • • A RESOLUTION OF THE CITY COUNCIL OF DENTON$ TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON LXCHANGE TO THE DALLAS METRO EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. A t ~ • City of Denton City Council Minutes ` August 1, 1995 t, . Page 14 Young motioned, Biles seconded to approve the resolution inserting the name of Bob Castleberry as representative. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor. Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to execute a joint agreement between the City of Denton and GTR Southwest incorporated for optional extended metro service. The following resolution was considered: NO, R95-038 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AGREEMENT BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED FOR OPTIONAL EXTENDED METRO SERVICE) AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution waiving } the thirty day notice period for an emergency adjustment so that the emergency rates adopted by the Board of Directors of the Texas Municipal Power Agency by Resolution No. 95-7-BA may be effective on August 1, 1995. Bob Nelson, Executive Director for Utilities, stated that last January, the Mayor, City Manager and Utility Manager of the four TMPA cities met and made recommendations to the TMPA Board regarding possible cost cutting measures. Council Member Young left the meeting. fi A Nelson continued that the TMPA staff followed that directive and i~ made some significant operational cuts and staff cuts. One directive requested a decrease in the rates to be put forth as soon as possible. The reduction would be approximately $1.25 per KW per month which represented approximately a $6 million reduction for the year. The TMPA Board of Directors authorized the reduction of A that demand charge rate to go into effect on August lat. There was a contract provision that 30 days notice must be made to reduce or • A 'i change rates. This resolution would waiver that provision to allow for the August lst change. Council Member Krueger left the meeting. c, ~gcnda fJO _ ' r,nenda Ileu~,._ City of Denton City Council Minutes August 1, 1995 _ Page 15 Council Member Cott asked under what circumstances could a program be created to reduce bond indebtedness. Nelson replied that that was an issue which the TMPA Board was currently dealing with. The Board was looking at a possible $28 million per year savings with the conversion to Powder River Basin fuel. The question was how those funds would be used. Council Member Cott asked if it was possible to bring to the Board a position that the Board would like to create a continuing reduction of bonds. Nelson stated that that was the general procedure which the Board was now following. The Public Utilities Board was continually discussing such a procedure. City Manager Harrell stated that Denton had been presenting to its two board members that TMPA should develop some type of program to retain much of the savings to pay down the debt. Council Member Cott felt that when something was on paper, it was easier to look at and to keep to that mark. City Manager Harrell st,,ted that staff could draft a resolution which would put the Counrii on record regarding its position. That would help i.n communicating to the Board members that that was the position of the Council. Council Members Krueger and Young returned to the meeting. l The following resolution was junsidered: f r~ NO. R95-039 A RESOLUTION OF THE CITY COUNCIL 0? THE CITY OF DENTON, TEXAS ® WAIVING THE THIRTY DAY NOTICE PERIOD FOR AN EMERGENCY RATE ADJUSTMENT ADOPTED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY BY RESOLUTION NO. 95-7-BA MAY BE EFFECTIVE ON AUGUST 1, 1995; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the res'.)lution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried ~f unanimously. 9. Submission of the effective tax rate and rollback tax rate. Jon Fortune, Chief Finance officer, stated that the City received { ;t 0 0 M Q i.(tenda Item.. __q City of Denton City Council Minutes August l., 1995 11ate.___._._...... Page 16 its certified appraised value on July 26th. Using that value from the appraisal roll, the effective tax rate would be $,5572 per $l.oo valuation. The effective tax rate was the tax rate which would generate the same amount of revenue this year as last year for the same pieces of property, The Notice in Hearing rate was 3% above the effective rate or $,5739 and the rollback rate was $,5837 per $100 valuation. City Manager Harrell stated that if Council indicated during budg,I,_ deliberations that they wanted to go above the $.5739 rate, formal notice and publication would have to be made. Such a decision would have to be made by August 22nd, Biles motioned, Cott seconded to approve the submission of the effective tax rate and rollback tax rate. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously, 10, submission of the certified collection tax rate. I Jon Fortune, Chief Finance Officer, stated that the ad valorem taxes received were .ir two components, The first was those taxes received for operations find maintenance purposes. The second was k for debt service payments. This item certified that the city anticipated col'.ecting 100% of the ad valorem taxes which would be contributed to the debt portion of the tax rate. Cott motioned, Miller seconded to accept the certified collection tax rate. On roll vote, Miller "aye", Young "aye", Cott "aye,,, Krueger "aye", Hiles "aye", and Mayor Castleberry "aye". Motion carried unanimously, i 11, The Council considered approval of a request from Ben E. Keith 1 to fly the City of Denton flag at their location, i y Jaseph Portugal, Assistant to the City Manager, stated that in Q April 1994 tho Council adopted an ufficial logo and new City flag, 7 Section 3 of that ordinance stated that no firm, corporation or jj organization could display the City flag in any form without written application and approval by the Council, Ben E. Keith had requested to purchase 2 flags for display at their grand opening ceremonies. d Mayor. Pro Tem Biles did not like the fact that a business had to r come to Council to request to fly the City flag, ~ I Bil.es motioned, Young seconded to approve the request. On roll i 1 vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles • c. v I City of Denton V1,:y Council 1, 1995 Minutes Page 17 "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered nominations to the city's Boards and Commissions. There were no nominations made at this meeting. 13, vision Update Council Member Miller stated that the Vision cabinet had received final reports from the LIVE, PLAY, LEARN and WORK groups. All of the reports were well done and were very encouraging. There were many recommendations as they applied to the direction Denton would be going. The Cabinet would be meeting soon to discuss the information received and decide on procedures to follow. 14. Miscellaneous matters from the City Manager. A. The council reviewed a schedule for the CIP election and gave :staff direction. ~ City Manager Harrell stated that at the last Council meeting, Council had requested staff to refine the time schedule for the proposed bond election to be held tentatively on February 24, 1996. In conjunction with that time frame was a tentative time line for the consideration of the adoption of a drainage fee. Mayor Pro Tem Hiles indicated that he would not be at the December 20th meeting to consider adoption of the drainage fee ordinance. a City Manager Harrell. stated that the consideration of that ordinance could be changed to the December 13th meeting, if council had no objeo-tions. Miller moticned, Krueger seconded to change to consideration of the • ordinance to December 13th. On roll vote, Miller "aye", Young "aye", Cott "ayeKrueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council received a briefing and gave staff direction regarding the COPS Program and potential grant funds for additional patrol officers. • Council. Member Young left the meeting. • O Mike Jez, Exerutive Director for Emergency services and Chief of k Police, presented an overview of the COPS program. In 1987 a newspaper story indicated that Denton was the eighth worst crime- 3 O • e> 0 City of Denton City Council Minutes V„ August 1, 1995 1 Page ID ridden city in the State. At that same time, David Ellison, Assistant to the City Manager, was meeting with a group of citizens in southeant Denton about a drainage problem on Alexander Street. Ellison asked him if he would be willing to meet with that group. At that meeting, the citizens did not want to talk about drainage. They were frustrated with the quality of services of the police department at that time. That initial meeting lead to a series of meetings which occurred over the next 6 months. During that tints: two claims were noted by the citizens in the area. one was that their neighborhood experienced more crime when compared to other neighborhoods and the second was that the police did less about I that crime. As the meetings continued the neighborhood residents articulated ten priorities that they wanted the police department to address in their neighborhood. Those priorities were taken back to the police department and a select team of police officers were chosen to address those issues, In late 1988 the Police Department presented to the citizens of southeast Denton a plan f which the police officers had developed on how they intended to address those 10 priorities. After seeking and gaining consensus i from the neighborhood, those police officers implemented the plan. In six months, crime in the area was reduced by 46%, narcotic arrests were increased by 380% and response time was reduced by 2 minutes. More important than those statistics was the evolution of a relationship between the citizens and officers who patrolled that k area. The officers formed partnerships with the citizens in southeast Denton. For example, at the insistence of the citizens, the first community office was opened in southeast Denton. That s office was opened without the expense of tax dollars except for the staff time provided by the officers. It was volunteer driven with corporate contributions to the sponsorship of the office. The Department also formed alliances with the CDBG office to demolish abandoned structures and places where crime was fostered. The TWU Health Cares program came into southeast Denton. At the conclusion { of the six month pilot project, the Department made the commitment to expand the COPS program to other parts of the City. In 1969 the w Department was reorganized with the reassignment of 22 personnel and a complete restructuring of the division in the areas of accountability and reporting relotionships to further the COPS initiative. Every year since 1989 there had been a reduction in the City's crime rate with most of those years the reduction was in the double digits and in 1992 Denton led the State of Texas with a 21% reduction in crime rate. In 1992 the Police Department's COPS O program was recognized by the National League of Cities as a i recipient of its Award of Excellence for innovative programming. ~ 0 O often the COPS program was discussed in programmatic sense. Council Member Young returned to the meeting. I F`, r r • .-rw Wes.... Agenda No City of Denton City Council Minutes pafe_, August 1, 1995 Page 19 Jez continued that more important than the programming implications was the philosophy regarding delivery of police services. That philosophy rested on three essential elements (1) element of consultation - the Police Department must create opportunities for the officers to consult with citizens who reside in their patrol areas about what the policing priorities in the neighborhood should be; (2) process of adaptation - police agencies must be willing to look at their historical techniques and strategies in terms of goal accomplishment and adapt to those strategies to achieve those goals and priorities which had b-in articulate.-,d by the citizens during the consultation phase and; (3) mobilization - historically police departments had approached this phase with what resources to address. The first response in that approach was that there would not be enough dollars and people. Under the COPS philosophy, all players were mobilized for service. That meant forming partnerships with universities, corporate citizens, and other municipal departments. Within the community problem solving and improving the quality of life were central. Staff in the Police Department looked at the COPS program and tried to make a determination as to what could be done internally to continue the forward movement of the program. There were 35 tasks identified which had been worked on over the last 12 months. The majority of those tasks were completed and would be implemented in the next quarter. Last year the Police Department applied for a grant from of the National Community Policing Office and received 3 officers through that grant. It was planned to use two of those officers as area command coordinators. One officer would be assigned to a new program as a business liaison coordinator and focus on more effectively drawing the business community into the COPS program. a Three officers had been selected to fill those positions and would begin August 12th. Mayor Pro Tom Biles asked if those officers were already in the department. Jez replied yes, Mayor Pro Tom Biles stated that three additional officers would be added. Jez replied correct, • Mayor Pro Tom Biles asked if this was a situation where the Federal ' • • dollars were larger in the start of the program but declined over a three year period. Jez replied correct. • o ~ , ;onrla Na..._. r~~ iuii City of Denton city council minutes 1 m August 1, 1995 111 _ M..._ Page 20 l I Council Member Young asked how many Afro-American officers were in the COPS program. Joz replied that there was one African-American police officer. City Manager Harrell stated that the grants from the Federal government were on a declining three year basis. After the three years, a city was responsible for the entire budget of the officers. Last year, due to the needs in the Police Department, the City was one of the first jurisdictions to apply for the program under the crime Act and applied for police officers. The City had received a letter which continued the grant program and was asked to give an indication of the number of additional officers Denton would like to have over the next five year period. Other than next year, this would be done just for planning purposes. The 1996 appropriations had been made and further appropriations would be speculative. There was no funding in the proposed budget for police officers. If Council was interested in officers under this program, they would have to make a decision and file the proposal by August 31st. Mayor Pro Tem Bilen asked for the percentage of funding. City Manager Harrell stated that it was up to 753, Next year the city would be responsible for 25% of the police salaries and benefits. Under the current grant the funding declin,ad on a basis of 753 to 503 to 253 and then 100% costs for the City. There was some indication that under the new program up to 753 to a cap of $75,000 would be paid. Staff was needing a clarification on how a the current funding would decline. Council Member Young stated that he was in favor of the COPS program but he would be protesting until the COPS program had the required number of Afro-American officers which was equivalent to the number of Afro-Americans living in Denton. There was a need • for at least three more Afro-American officers. C. The Council received a report and held a discussion regarding the cable t.v, rate regulation and franchise transfer issues. Richard Foster, Public information officer, stated that in the near future staff would be bringing an ordinance for Council ' • consideration relating to the City's cable television franchise, • • The first ordinance concerned rate regulation, The Cable Act of 1992 Allowed cities to become the regulatory authority for the rates charged for the basic level of cable service, for the rates for the hourly installation and maintennnce and for the rates for a , • • ;.}enda Hein. ....--~----City of Denton City Council Minutes - August 1, 1995 _ Page 21 convertors and remote controls. The city retained a consultant to review the forms required by the Federal Communications commission. There were two ways a cable company could justify its rates. One was through a bench mark showing and the other was through a cost of service showing. If the rates were found to be at or below the bench marks, their rates were deemed to be appropriate. The consultant recommended that the current rate charged by Sammons be approved for the basio level of service, for the convertors and for the remote controls. The hourly maintenance rate was too high and the consultant recommended that that rate be reduced. Sammons would have some refund liability going back for one year. Sammons was aware of that proced!ire and was wiling to make the refund. Sammons would have 10-14 days to file a report on how to accomplish what the City desired it to do. Another item for council to consider was a request to transfer the existing cable franchise to Marcus cable. Denton had joined with sixteen other cities in north Texas who were currently served by Sammons to retain a consultant to evaluate the Marcus Company. The current franchise agreement would have to be amended and would require three readings before Council and a publication of intent. council Member Cott asked why the City was having to pay for a consultant as it was not the purchaser or buyer. Foster replied that Denton would be reimbursed for the cost of the consultant. Herb Prouty, City Attorney, stated that the consultant would study the financial status of Marcus who would be the assignee of the franchise. It was important to know if Marcus had the financial ability to provide Services at least as good as Sammons did. As part of the transfer, all the cities who were paying the consultant were asking to be reimbursed by Marcus which they appeared to agree with. Y City Manager Harrell stated that the city did not want to approve the transfer unless it knew that Marcus could provide adequate services. Joe Dodd urged the Council to not transfer the old contract to the new company. He felt it would be better to start with a new contract agreement rather than using the old agreement. Programming is was a take it or leave it situation which was not fair to the consumers and the pricing structure was unfair, • D. The council received a briefing and gave staff direction regarding an economic development partnership contract with the chamber of Commeroe. 3 • Agenda I,oenda Item Vate City of Denton City Council Minutes - August 1, 1995 Page 22 Betty McKean, Executive Director for Economic Development and Municipal services, stated that last year Council amended the partnership contract to authorize the expenditure of $25,000 for an economic study of the community. The study was completed late this j Spring and Council had since reviewed those recommendations. Council directed staff to work with the Legal Department to draft some amendments to the existing agreement to allow for the incorporation of the Fantus recommendations. Staff had been working with the Chamber staff in reviewing the recommendations which covered six areas - (1) Structure of the transition committee, (2) Process for appointment of the chair, (3) Proposed charges of the EDTC, (4) Schedule for accomplishment of charges, (5) Funding of EDTC expenditures, and (6) Interim operation authority. Mayor Pro Tem Biles left the meeting. McKean continued that it was recommended that the committee have the authority to hire consultants and experts in the field of economic development subject to the approval of the Chamber and the Council. It was felt that the committee could be formed by October and complete its task by March of 1996. Mayor Pro Tem Biles returned to the meeting. McKean stated that Article 4 contained two paragraphs which were additions and spoke to the authority of the committee to do special studies and research. Mayor Castleberry stated that from the Fantus report he was under the impression that this would be a new board, apart from either the City or the chamber and would office elsewhere. It would be a stand alone board. McKean stated that the Economic Development Corporation's final • structure and charter would be driven by what the funding mechanism would be, Mayor Castleberry asked if a contract would be necessary between the City and the Chamber when the permanent board was selected. That board would have the authority to office wherever it wanted. • McKean stated that that would depend on how the final funding and final charter was written. • • J Mayor Castleberry stated that he would like that left open. This was the impression he had from the Fantus report that this was a _ stand alone board. • 0 i City of Denton City Council Minutes VAG August 1, 1995 Page 27 McKean stated that the final charter would formulate the new corporate structure, Council Member Miller asked if the board could be directed to study the half cent sales tax in a broad sense, McKean stated that that was so intended. Council Member Krueger felt that the original motion made by Mayor Pro Tem Biles was that this was not an interim board. This was to be a take over board. He felt that Council had voted and passed that procedure. This would be a stand alono board with the funding to be determined later. This would not be an interim board. Mayor Castleberry stated that he had the same understanding. City Manager Harrell stated that the contract was written so that the transition board had two functions. One was to do the comprehensive study to recommend how to permanently develop the corporation, A second task would be to replace the current larger board which was a joint City/Chamber board which oversaw the daily operation of the current economic development effort. This group would be charged in accordance with both of those tasks. Council Member Krueger felt that that was not the motion. There was a discussion on whether that joint Chamber/City economic development board would remain or be replaced immediately by the smaller board. He felt that it was the motion that it be replaced immediately. a City Manager Harrell stated that that was the intent, Council Member Krueger stated that the seven people would be the final board. • Council Member Miller felt that the smaller board would make a recommendation to be approved by the council to determine what the permanent structure would be, Mayor Pro Tem Biles stated that the intent of his motion and his understanding of what was voted on was that the Council was establishing and seating no later than October 1st a board which would replace the current economic advisory board and assume all responsibility and duties previously assigned to that board. The • • seven member board would look at a variety of ideas. His recollection and his intent of the motion was to not study whether or not to have a corporation and not study on how many members to have on the board of that corporation. There was no reason to not O • w • City of Denton City Council minutes August 1, 1995 Page 24 have articles of incorporation filed with the Secretary of State and have the corporation in place by October 1st. The appointments would be made, four from Council and three from the Chamber, As soon as those directors met for the first time, they would adopt a set of by-laws and then proceed w4th the process of the corporation, The corporation would be independent of the City and chamber except if an economic development sales tax were to be adopted. The rate would be set by Council and the members of the board would be appointed by Council. At that point in time, it would not have anything to do with the corporation. Council Member biller asked if Mayor Pro Tem Bites meant that the contract with the Chamber would be cancelled. Mayor Pro Tem Biles stated no that the Council needed to adopt the proposed amendment +,ecause that corporation would still be a corporation between the city and the Chamber. The funding would be the same and the chamber would still be a partner with the City. What needed to be changed was to proceed with the corporation. There would still be a partnership with the Chamber until an economic development sales tax was possibly adopted. At that point in time, the Chamber could not be a part of the process of appointing members and funding, Council Member Miller stated if the contract with the Chamber was going to be amended, he did not understand the need to set up the corporation now. if the sales tax was adopted it required a vote of the citizens of Denton. At that time, the law prescribed what the corporation would look like. Fie did not understand the amendment t.o the contract when the same staff would be used and the funding was in place. Mayor Pro Tem Bites stated that the reason was that the corporation could look at the sales tax as a mechanism of funding but there were also ten other scenarios for funding. As a non-profit • corporation it could continue to have private and public funding. The present relationship, while a committed relationship, was not t producing the results, A non-profit corporation could begin implementing the Vision recommendations. Council Member Miller felt that was there were two charges for the group. one was to act as the board to the existing program which • would be effective October let. The second was to conduct a 5-6 month study which would be presented to the chamber and to the city • with recommendations including funding. This board would not presume that they would do other items without these recommendations coming back. • City of Denton City Council Minutes August 1, 1995 W Page 25 _ council Member Cott stated many months ago the Chamber asked the city for venture capital money to conduct an economic develop program. So far this program had been studied and talked to death. It was being loaded with overhead in such a manner that there was no possibility that it could ever stand alone. other cities were ahead in industry and the City was ahead in rhetoric and study. Staff should prepare an ordinance which created an economic development organization with four city and three Chamber representatives. The organization would chose its own chairman appointee. There was no need for interim committees. Membership in this joint organization would not consist of any elected or staff employee from either the chamber or the City. Approximately $50,000 a month funding was needed to start with which was already in the budget and which would be needed for approximately ono year. These funds would act as seed money and everyone needed to help raise the rest necessary. The funds would be audited by the City auditors and a special committee of citizens. A twelve month budget would be presented to tho chamber and the City on October 19, 1995. Biles motioned, Young seconded. to direct staff to present the proposed Amendment Number 2 to the Denton Chamber of Commerce Board of Directors and President with the following amendmentai Article II, paragraph two provided that the composition of the board be seven persons, four to be appointed by the City Council and three to be appointed by the Chamber. The seven member board would elect its own chairman and that no member of th board shall be an employee of the city or the Chamber. The board would report back in written form to the Council and Chamber no later than January 31, 1996 its recommendations on forming an economic development corporation. Council Member Krueger asked for a restating of the motion dealing with City/Chamber employees. • Mayor Pro Tem Biles stated that none of the seven member board could be employees of the City of Denton or of the chamber of Commerce or an elected official. Mayor Castleberry indicated that part of the motion added included the elimination of any elected official to the board. He asked Council Member Young if his second agreed with that inclusion. • council Member Young agreed with that inclusion. • • On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", i3iles "aye", and Mayor Castleberry "aye". Motion carried unanimously. tl mend, un.._ ;.lends Aem. City of Denton City Council Minutes August, 1, 1995 Page 26 16. There was no official action taken on Closed Meeting Items discussed earlier. 17. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Young stated that the lights in the gymnasium at the MLK Center were too dim and needed to be a higher wattage. B. Council Member Young stated that last year there were several fires and faulty heating systems at the Phoenix Apartments. He requested that the city review the heating system, cooling system and exhaust systems at the Phoenix Apartments with a report to the Counc.+) on the findings. City Manager Harrell stated that the Housing Authority was an independent agency and not part of the City organization. Staff could assist the Housing Authority with such a project but would not be able to do it alone. The City could help with the project 1 but the Housing Authority Mould be the primary facilitator. C. Council Member Krueger requested that a follow up be done regarding the report from Teri Woods. D. Council Member Krueger asked that the ordinance regarding the Fill-the-Boot campaign be reviewed. Mayor Pro Tem Biles stated that the time frame was short for this issue and asked that the legal issues be addresses so that council could vote on the issue within the next 30 days. Mayor Castleberry asked that liability issues be included, * E. Mayor Pro Tem Biles asked for a review of the ordinance regarding the Denton flag. Council Member Young read the following statement (copy included in the agenda back-up materials): Dear Mayor, Honored Colleagues on the Council, Ladies and Gentlemen: Three weeks ago, in the heat of debate, I said something that I wish I hadn't said. I wish I hadn't said it because it was wrong, and it was insulting to the people on this Council and in the 10 "fiend? NI) City of Denton city council minutes i is August 1, 1995 _d Page 27 community, What I said was in the debate over whether to rezone for a motel on I-35. Apparently, some of the people who opposed that rezoning felt like I was accusing them of racism. That is an ugly word for an ugly thing. We need always to be on watch for it. But on this question, after deep reflection and prayerful concern, I am absolutely convinced that racism played no part in that discussion. There was no racism on the part of you, my honored colleagues on the City council, and there was no racism among those persona from the Dania Park neighborhood, who opposed this proposed rezoning, I am sincerely sorry that I said what I did. I was wrong, and I hope that you will find it in your hearts to forgive me. sincerely, Carl G. Young, Sr. 18. The Council did not meet in Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 10:10 p.m, BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JRNNfv1R WALTERS CITY L'ECRETARY e CITY OF DENTON, TEXAS _ I ACC002A4 i j ,J w . 1 r ' 'r r • Ga • CITY OF DENTON CITY COUNCIL MINUTE `.Penda+7n,___. AUGUST 81 1995 1 Benda llern i The Council convened into a Work Session on Tuesda at 4:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tom Biles; Council Members Cott and Miller ABSENT: Council Members Brock, Krueger, and Young. City Manager Harrell stated that this was the formal start of the budget hearings. At this meeting and the next, Council would have presentations from staff providing an overview of their particular operation and how it was being impacted by the proposed budget. This was a time for Council to raise questions regarding these budgets and their proposals. The August 15th meeting would start at 4100 p.m. with formal budget presentations until 7:00 p.m. The August 22nd meeting would schedule the public hearing regarding the proposed budget. Council Member Young joined the meeting. City Manager Harrell stated that the council would also hear from the hotel/motel tax recipients at the August 22nd meeting. The meeting of August 29th and September 5th were devoted entirely to council's discussion regarding the budget. September 5th would begin a preliminary budget balancing. Council Member Cott asked if the economic development discussion would be a part of the process, City Manager Harrell stated that at the next agenda, Council, would have an ordinance formally approving the contract which Council had discussed. Council would also have, as part of the budget, the Utility Department contribution to the economic development effort. Council Member Miller asked if Council should only ask questions for clarification as the reports were received from staff and not go into long discussions. City Manger Harrell stated that it would be i,alpful if Council asked questions for clarification only and request additional information if necessary. As the budget stood today, in order to • balance the budget the Council would need to either reduce expenditures by $341,000 or add revenues of that amount or a combination thereof. There wao a $93,800 loss in the certified tax roll. It had been projected that the Appraisal District would not reduce the appraised value as much as they did. Two County contributions had an effect on the budget figures. There was an increase in the contribution to the library fund with an increase • of $1,400 over what was projected in the budget. However, there + a was a loss in the county ambulance contribution of approximately $26,278. Last year the County adopted a formula for EMS service which called for 1/3 population, 1/3 for amount of territory serviced and 1/3 for the number of calls made. Last year there was a severe drop in the number of ambulance calls for the County which b,K a ; t • ~ i I£ i y't i t 7 -1 --V o 't a to-; f s t~} f~~Z~~S $$Y y aC y w.. .firv5.i A y q~ F Yi~a /f++- t I i S , j I CITY COUNCIL AGENDA PACKET + 11^7-9B f Q P SKI 1~ ~3 °e ] f3 i ye~~ %1 ~ }L d f I V anoww" WWI et F ~ 'Fo' • F AGENDA a1 IM, CITY OF DENTON CITY COUNCIL APO WM _ November 7, 1995 Do Closed Meeting of the City of Denton City Council on Tuesday, November 7, 1995 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSAD MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 1. Closed Meeting: A. lagal Matters Under TEX. GOVPT CODE Sec. 551.071 1. C'acuss and take action (in open Noysrion) settlement and C.:,fenae of contemplated litigation c iCarning the denial to IIII ..ozone 3.753 acres from SF-7 to oft 4 oning on the eouth side of I-35E and Lindsey Street. 2. Consider action in Levonitis V. City. .-Al. f B. deal Estate Under TEX. GOVOT CODE Sec. 551.072 1111 r n^Yaonnel/Board Appointments Under TEX. GOV w^ Sec. 551.074 2. Hold a discussion regarding the appointment of an interim City Manager and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, November 7, 1Sg5 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be eonsideredr 1. Pledge of Allegiance 2. Consider approval of the minutes of August 1, 1995 and August 8, 1995. 3. Citizen Reports A. Receive a citizen report from Dessie Goodson regarding various issues concerning the City. B. Receive a citizen report from Bob Stermer regarding taxi cab service in the City. • 4. Citizen Requests A. Consider a request from Mark Knabe of 4K Productions for an exception to the noise ordinance Sunday, November 19, 1995 from 2:00 p.m. until 6:00 p.m. for the use of a public address system at the North Texas State Fair Grounds Rodeo Arena. • 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance to rezone 4.095 acres from the Light Industrial (LI) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Kerley and Scott in the Willowereek Addition. (The Planning and Zoning Commission recommends approval, 6-0.) • W • City of Denton City Council Agenda November 7, 1995 ii IM Page 2 ` ~end2 lt . • B. Hold a public hearing and consider adoption of an ordinance to rezone 1.173 acres from the Agricultural (A) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Windsor and Riney. (The Planning and Zoning Commission recommended approval 6-0.) C. Ho'd a public isearing and consider adoption of an ordinance ,rovinq a Specific Use Permit for ')lonial Lodge of De,' n. The ill acre site is located on the c.at side of Bernar Street, proximately 750 feet south of Co' ns. (The Planning, Zoning .'omaission recommends approval, 7-r Receive a report and consider approval of an annexation schc Is with regard to the proposed annexation and zoning of (1) a 11.34 a e tract located east of Mayhill Road and north Blagg Road, (2) a 1 62 acre tract de3cribed as Forrestridge Sectio~ 'I and (3) a 34.78 ai m tract located i the clear vnne south of the sting runway, in the icinity of r,he L ton Munic 1 Airport. (A-69 4-70, and A-71) (M lanning and Zoning i r,! .,,i recommends it. • 19.) 7. consider variances to Section 34-114 (5) and (17) of the Subdivision and Land Development Regulations (perimeter street paving and sidewalk requirements), for Lots 1 and 2, Block A of the Batey Addition. The 6.003 acre tract is located on the north side of Blagg Road, approximately 1,200 feet east of Mayhill Road. (The Planning and Zoning commission recommends approval of both requests, 7-0.) 8. 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 S item in accordance with the staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back-up information is • attached to the ordinances (Agenda items 9.A, 9-B, 9.C, 9.D, 9.E0 9.F, 9.G, 9.H1 9.I, 9.J, 9.K, 9.L, 9.M). 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 Orderst ' 0 • 1. Bid 01805 Cement, Lime, Aggregate 2. Bid 01794 - Composting Facilities 3. P.O. 060409 - Covey Leadership Center 4. P.O. ,060838 - Siemens Power Corporation 5. P.O. 160839 - General Electric Company • 0 .s T City of Denton City Council Agenda AON41M& November 7, 1995 ApM NO Page 3 Dri B. Payments 1. Upper Trinity Regional Water District 2. Texas Natural Resources Conservation Commission 3. American Public Power Association f C. Professional 1. Corgan Associates - Architectural se.•11ices for renovation of :.anicipal Building D. Inter:local Agraemen+- 1. P.O. 0604.1 ....uc n-Galveston Arec Iounc 2. City of R, oke - ` nposition of Do, and t 3, oenton Cc :y - Di osition of Dogs -tnd Cats 4. Denton Cout y - Library Services 5. Texas DopartT,ent of Trans )rtation 9. Consent Agenda Ordi nests A .,onsider ad- ce acc competiti bids an,' awariing a contract for purchase of materlais, equipment, suppliya or sarvices. (8.A.1. - Bid 01805) B. Consider auoption of an ordinance accepting competitive bids and providing for the award of contrmcts f public works or improvements. (8.A.2. - Bid 01794) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the, provisions of state law exempting such purchases from requirements of competitive bids. (8.A.3. - P.O. 060409) D. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (8.A.4. - P.O. #60838, 8.A.5. - P.O. 060839) • E. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for administration and project fees as per contract agreement with the Upper Trinity I, Regional Water District. F. Consider adoption of an ordinance authorizing the expenditure of funds for the fourth quarter payment by the City of Denton for • solid waste permit fee with the Texas Natural Resource Conservation r j Commission. (8.8.2.) 1 G. Consider adoption of an ordinance authorizing the expenditure of funds for annual dues for membership by the City of Denton in the American Public Power Association. (8.8.3.) • City of Denton City Council Agenda Agenda No November 7, 1995 Agenda Item Page 4 Om H. Consider adoption of an ordinance authorizing the city Manager to execute professional services contract with Corgan Associates, Inc. for architectural services for renovation of the Municipal Building. (8.C.1.) 1. Consider adoption of an ordinance authorizing the Mayor to execute a purchase order with the Houston-Galveston Area Council of Jovernment for, the purchase o.` various goods and services by way of an interloca' agreement with the Cit., of Denton. D.1. - P.O. fF 124) J. ..uoption of an ore ,anee a rizing the Ma r •o execute agreement between the C' v of Der, nd the City )anoke for c impoundment and dispos 'td cats and collection fees pursuant to the p),)visions of d agreement (B.D.2.) K. Consider adoption of an , finance authorizing the M.ayc. to execute nn agreement between th' :ity of Denton ar3 Denton County for the +r° ' lent and dispot dogs -rid and the cull^oti- one pursuant to the of sa... ,..sment. (8.D.3.) L. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton County for the provision of library services. (8.D.4.) M. Consider adoption of en ordinance aut..-=izing the Mayor to execute an interlocal agreement between the City of Denton and the Texas Department of Transportation for the design and construction of the Denton Branch Rail Trail project. (8.D.5.) 10. ordinances a A. Consider adoption of an ordinance authorizing the Mayor to enter into interlocal agreements for Lake Safety Task Force and Law Enforcement at Lake Ray Roberts and Lake Lewisville with Denton County, the Corps of Engineers and various other municipalities and govfarnmental agencies in the north Texas area. B. consider adoption of an ordinance providing for the renaming of Payne Drive to Windsor Drive. (The Planning and Zoning Commission and Historic Landmark Commission recommend approval.) C. Consider adoption of an ordinance reducing the maximum prima facie speed limit for a portion of Oakland street from its intersection with Texas street to its intersection with Locust street from 30 , miles per hour to 20 miles per hour. (The Traffic Safety commission recommends approval.) D. Consider adoption of an ordinance approving no parking on the east side of Locust Street between Oakland and University Drive. (The Traffic Safety Commission recommends approval.) I I City of Denton City Council Agenda APr4 NO. November 7, 1995 A90b"IM _ Page 5 Dal i E. Consider adoption of an ordinance approving no parking on the south side of Londonderry Street between Teasley Lane and Hollyhill Lane. (The Traffic Safety Commission recommends approval.) F. Consider adoption of an ordinance authorizing the Mayor to execute endment No. i to the agreement between the City and HOPE, Inc. dated November 15, 1994 to allow for additional time for expenditure of funds. G. Consider adoption of an ordinance approving and authorizing the ity Manager to execute a compromise settlement agreement in the matter of Sor, et al v. City of Denton. Texas. H. Consider adoption of an ordinance approving the release o.t various paving liens assessed against homesteads by ordinance Nos. 69-30, 75-45, 76-1, and 76-27; and authorizing the Mayor to execute said releases. 11 Tesolutions A. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. consider approval of a resolution appointing members to the board of Directors of the North Texas Higher Education Authority, Inc. C. Consider approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plan; appointing members to that committee; appointing a chairperson of the committee; and setting forth the duties and term of the committee. D. Consider approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards. 12. Receive a report, hold a discussion and give staff direction regarding Willowwood sidewalk easement acquisition. • 13. Receive a report, hold a discussion and give staff direction regarding the election process for the CIP election. 14. Receive a report, hold a discussion and give staff direction regarding a nomination to the Denton County Housing Finance corporation due to the resignation of the City Manager. 15. Consider nominations/appointments to the City's Boards and Commissions. 16. Receive an update from the Acting Chief Municipal Judge regarding Municipal court. 17. Vision Update 18. Miscellaneous matters from the City Manager. ZW- 9 r,y, lei •ac+'z~ a lFr 5 jW C A 4 SST`. e City of Denton City Council Agenda k lye+iua ao November 7, 1995 pentlauem, Page 6 Bate 19. official Action on Closed Meeting Items: A, Legal Matters B. Real Estate C. Personnel D. Board Appointments 20. New Business This item provides a section for Council Members to suggest items for future agendas, 21. Possible Continuation of Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sec. 551,071 B. Real Estate Under TEX. GOVOT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E • I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1995 at o'clock (a.m.) (P.M.) CITY SECRETARY NOTES THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX 80 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED • THROUGH THE CITY SECRETARY'S OFFICE. ACC002CB I 1 i! 1 ',h y • ca • 1 i I)ENTON o~Opoaaooopa0p fi ~°oo 00 Av opo G d d 46 Opp ,y r ~ NV0~0 4ppp 0 N , ~ ~OpO Qoo~000 CITY COUNCIL r • a r Awl No. APftft/ - 9 CITY OF DENTON CITY COUNCIL MINUTE August 1, 1995 The Council convened into a Closed Meeting on Tuesday, August 1, 1995 at 5#45 p.m. in the Civil Defense Room. e PRESENT: Mayor Castleberry) Mayor Pro Tom Biles; Council Members Cott, Krueger, Miller and Young. ABSENT: Council Member Brock 1. The Council convened into a Closed Meeting to disoL s the followings A. Legal Matters Under TEX. GOVT CODE Sec. 551 71 1, Discussed City Attorneys opinion on enforce }lity of paving liens and potential litigation i sting to same. B, Real, Estate Under TEX. GOVT CODE Sao. 551.# C. Personnel/Board Appointments Under TEX. GOV Cr)E Sea. 551,074 The Council convened into the Regular Meeting on Tuesday, August 1, 1995 at 7:0o p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tom Hiles) Co°,.:,c:il Members Cott, Krueger, Miller and Young. Absent: Council Member Brock 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the Yard of the Month Awards: Mildred and Al Ardoin • Dennis and Chris Loccisano Joshua and Jacob Jezek Betty Bonds Golden Triangle Mall Mayor Castleberry presented a proclamation for ozone Awareness Month, 2. The Council considered approval of the minutes of June 6, j 1995. Biles motioned, Young seconded to approve the minutes. • 4 • • 4pmda N0. I gmda Ilem City of Denton City Council Minutes August 1, 1995 Page 2 Council Member Miller stated that the minutes indicated that he was absent from the meeting. He indicated that he was present and asked the minutes to reflect that. ri roll vote, Miller "aye", Young "aye", Cott "aye", K,,sge_r "aye", les "aye", and Mayor Castleberry "aye". Mo.:.on carried r animously. Citizen Reports A. The Counc received a citizen re :c 'rom Teri Woods larding an easems dedication at Windsor a.id L.cust. Mt. Woods stated at her discussion core led a paved easement >ehind her duple She owned a duplex k Wi•.dsor Drive which oordered on the nth side of the recent approved Cooper Glen apartments. W e expressing their nei, borhood concerns and negotiating wi'.-k international Propertie, it was noted that the concrete drive behind the duplex garage i a dedicated easement. she had been told that originally Windso ark developers dedicated a 16' concrete easement with the intent. of forming a homeowners association. Under the setup, the duplex owners were to maintain the easement. V)wever, before all of the auplexes were oold and before the he - Awners association coiil-i be formed, Windsor Park developers weir;. bankrupt. It was then taken over by the Denton Savings Hank and ultimately by the RTC. The easement was actually 20 paved feet as opposed to the 16 feet which was dedicated in the plat. The additional four feet over lapping onto the concrete easement was owned by International Properties. International Properties offered to join the duplex owners and dedicate their four feet in addition to the 16 feet on the plat if the City would accept a re-dedication. The problem was addressed at the Planning and Zoning public hearing on July 12. No one seemed to know how to generate a joint petition to re-dedicate the concrete easement to the City. Paul Williamson from the City Engineering Department informed her that the Tax Assessor's Office indicated that the easement was listed with a value of $26,000 with no taxes collected. The Assessor's office then called him back to indicate that there was a mistake and the property should be listed as zero value, exempt from taxes. She felt that the dedication never took place as the original developer did not finish the development and the homeowners association was not formed. This would be a good • time to clean up the plat with the building of the new apartments in the area. There were no other paved easements in Denton thus e the council would not be setting a precedent. She asked tho council to accept the concrete easement from the homeowners. • O • • Agenda No., Agenda Rem City of Denton City Council Minutes August 1, 1995 Page 3 Mayor Castleberry indicated that staff would look into the situation and return with more information. B. The council received a citizen report from Joe Dodd regarding additional revenue sources. Mr. Dodd suggested that government should perceive citizens needs. If a builder/developer wanted to use land in a certain manner and the neighbors did not want that use, the City should help those people buy that land. It could then become a park which the City charged the neighbors to maintain. He suggested the City hire students to research zoning and to develop an accurate zoning map. He would like the City to sell copies of the real charter. People on bicycles were not following the rules of the road. They should be required to wear helmets, etc. He suggested running ads on Channel 26. He felt that a voluntary fire program was a bad idea. Individuals should pay to wear the uniform. Some type of program could be developed for those individuals to ride and work on a fire truck. The City should consider a theater and art tax. C. The council received a citizen report from Alan Hempstead regarding the "Fill-The-Boot" campaign. Mr. Hempstead stated that the Fire Department would like to participate in the Fill-The-Boot campaign. This campaign would raise funds by soliciting donations on street corners. An ordinance had been drafted previously which would allow them to solicit on the streets. a Council Member Young asked if 100% of the money raised went to the charity. Hempstead replied yes that 100% of it went to the charity. This was all volunteer work by the firemen. Seventy-seven percent of the funds from Muscular Dystrophy went back to patient care. D. The Council received a citizen report from Dessie Goodson concerning various issues regarding the City. Ms. Goodson stated that on July 18 she went before Council regarding SPAN and problems she had since 1993. On July 19th she called every Council member regarding a meeting she had requested on July 20th. At that meeting on July 20th she presented tapes and • pictures verifying the same onmplaints she had been discussing from • • the SPAN drivers. On Friday, July 21st she fell getting off the trolley at Denton and oak after stepping on a piece of flat rubber connected with the trolley. The point she was making was that if the drivers were suppose to inspect and clean up the trolley at the I • c► • Flao"11 Noenda Item City of Denton City Council Minutes te August 1, 1995 Page 4 end of the day and were to look over the trolley the first thing in tho morning, why was there rubLer on the floor. Something had to be done before someone elsF got hurt. She could not get help getting her medicine aftor she hurt herself on the trolley. The City should take care of of her needs while she was hurt. She could not get meal: -jas not old enough and SPAN did not provide that srz i, telt something needed to be done with the manager of r •t Hta, -,pes did not lie and she had filed an accident report a,% t+nort with City. 4. Public Hearinga A. The Council held a public hearing and considered adoption of an ordinance for the Detail Plan of the Villas of Piney Creek. The subject property consisted of 15.413 acres, and was in PD-6. The property was located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard. (The Planning and Zoning commission recommended approval 4-0.) Frank Robbins, Director of Planning and Development, stated that this was a detailed plan for Planned Development - S for single family detached zero lot line development. There would be 106 lots in the development with a density of 6.87 units per acre. The concept plan for PD-6 in this area was for cluster homes at a density of 12 units per acre. The proposal was almost half of the density as shown in the existing planned development. These were small lots which would be 808 covered by the house. The Planning and Zoning Commission recommended approval of the detail plan. The Ma}or opened the public hearing. Pat Adkins, representing the owners of the property, stated that the property was currently zoned under Planned Development - 6 which allowed for attached multifamily use at 12 units per acre. The proposal was for single family detached homes. The property was adjacent to existing retail establishments with a bowling alley • and bank. The entry point would be off Piney Creek Blvd. and would be the main point of entry. This would be a self contained { development with all residential development done in cul-de-sacs. 9 The intent of the plan was to provide 1.3 acres for a community center with tennis courts on the western side of the property. The j streets would be built to Denton standards and would be maintained J • by the homeowners. The homeowners association would be responsible • • for front yard maintenance. These would 1600-2200 square feet , homes with an average cost of $115-140,000. City staff had been very supportive in working out the details of the plan. e c~ i e ~qFn~, no City of Denton City Council Minutes August 1, 1995 Page 5 Council Member Cott asked if the developers expected to expand at --y point in time. Adkins stated that all of the 15 acres in the area had been purchased. It was the intent to provide a three phase development of the property. Council member Cott asked about the accessibility of fire truc'.s and other EMS vehicles. Adkins stated that the major entry point would be Piney Creek Blvd. Thera, would be a parallel roadway system along the southern property line for access and along the eastern side for access. The Fire Department had reviewed the plans and was supportive of the arrangements. Ed bright stated that he had done several projects in Denton and would be the project leader for this proposal. The development would be built to Dentonfa standards and would be a quality deve.lopmont. He asked for approval of the proposal. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT SIX (PD- 6), WITH RESPECT TO 15.413 ACRES OF LAND LOCATED'rHEREIN, NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNA'T'ES TO REVIEW AND APPP,OVE AS TO e FORM. AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Cott seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • • • O • • ~penda 170, Rpeoda Item City of Denton City Council Minutes oars! August 1, 1995 Page 6 5. Consent Agenda Biles motioned, Young seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye$', Krueger "aye", Silos "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid 01769 - Single Family Home Construction 2. Bid 11776 - Precast Manholes for Electric Distribution 3. P.O. 055299 - Boyd Excavation 4. P.O. 156409 - Motorola 5. P.O. 055718 - Jagos Public 6. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 5A - SE. Biles motioned, Cott seconded to adopt Consent Agenda Ordinances 5A - SE. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "ayelt, Bilea "aye", and Mayor Castleberry "aye". Notion carried unanimously. A. N0. 95-134 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE E;'PENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid 01776) B. NO. 95-135 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OP CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; • PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - #1769) C. NO. 95-136 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR • SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW • • EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - P.O. 055718) n • lpenda No City of Denton City Council Minutes August 1 ~enda Il~m , 1995 Page 7 natc,__„ D. NO. 95-137 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (5.A.4. - P.O. /56409) E. NO. 95-138 AN ORDINANCE AMENDING ORDINANCE NO. 95-120 RELATING TU THE EMERGENCY RXPENDITURE OF FUNDS FOR THE REMOVAL OF CONCRETE RUBBLE AVER HICKORY CREEK SEWER FALL LINE BY BOYD EXCAVATION AND PROVIDING FOR THE EXPENDITURE OF ADDITIONAL FUNDS. (5.A.3. - P.O. 055299) 7. ordinances A. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Affordable Housing Corporation for an increase in the supply of affordable housing in the City of Denton. Barbara Ross, Community Development Administrator, stated that adoption of this ordinance would approve an agreement between the city and the Denton Affordable Housing Corporation. The Corporation would be the vehicle to facilitate the public/private partnerships to increase the supply of affordable housing. It would also help leverage federal dollars with private dollars. The agreement provided $75,000 in HOME program funds to the corporation, Council Member Cott asked where the funding would be coming from the nbxt two years given all the changes in funding in Washington. Ross stated that it was the mission of the Executive Director of the Housing Corporation to seek funding to continue the organization. She expected to continue to receive HOME funds at least through 1996. It was the agency's responsibly to find funding. • Mayor Pro Tem Biles asked how many City dollars would be used. • • Ross replied that there were no general fund dollars being used. It was strictly HOME dollars. • A ti, y. I • Agenda No. Apenda Item City of Denton City Council Minutes 091 August 1, 1995 Page 8 The following ordinance was considered: NO, 95-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION FOR AN INCREASE IN THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motionea, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to act on behalf of the City of Denton in executing the Ownerts Certificate of a Final Plat of Lot 1 of the Fire Station 4 Addition,, Rick Svehla, Deputy City Manager, stated that in 1963 the City purchased a piece of this tract of land which was not subdivided properly. Since that time, the owners of the rost of the property wanted to plat. staff needed Council's authorization to have the City Manager sign the documents to compete the replotting requirements. Mayor Pro Tem Biles asked who paid for the process. Svehla replied that the City was paying as it was the one who illegally subdivided the property. NO. 95-140 AN ORDINANCE AUTHORIZING THE CITY MANAGER 01' THE CITY OF • DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNER'S CERTIFICATE OF A FINAL PLAT OF LOT 1 OF THE FIRE STATION 4 ADDITION; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending a portion of the schedule of electrical rates contained in ordinance No. 94-162 by amending schedule General Servic4 Large ("GSL") to convert from the present kilowatt ("KW") demand billing to kilovolt amperes ("KVA") demand billing. (The Public Utilities • S Agenda No. Agenda Item City of Denton City Council Minutes Date August 1, 1995 Page 9 Board recommended approval.) Bob Nelson, Executive Director of Utilities, stated that in an electric utility system there was a certain form of energy used to magnetize motors. Capacitors could be used to make up that energy. Denton did that on its system but it was not quite enough to keep that kind of energy off the system. The proposal was to measure in KVA instead of kilowatt and to reduce the demand charge by 10%. The Public Utilities Board recommended approval of the 104 reduction in the demand charge. The following ordinance was considered: NO. 95-141 AN ORDINANCE AMENDING A PORTION OF THE SCHEDULE OF ELECTRICAL RATES CONTAINED IN ORDINANCE NO. 94-162 BY AMENDING SCHEDULE GENERAL SERVICE LARGE ("GSL") TO CONVERT Fr.OM THE PRESENT KILOWATT ("KW") DEMAND BILLING TO KILOVOLT AMPERES ("KVA") DEMAND BILLING; PROVIDING FOR A SEVERABILITY CLAUSE) PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously, council Member Cott left the meeting. D. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract with William Trantham E Associates to represent W. David Scott in pending litigation styled Kathy Disheroon v. W. David , ott. Lonnie Elemminc and Jim Dotson. Herb Prouty, City Attorney, stated that the ordinance would • authorize the City to hire William Trantham and Associates to represent David Scott in this lawsuit. Mr. Trantham had not signed the contract to date. Council could table the ordinance until the contract was signed or could pass the ordinance with the provision that the City Manager would not execute it until it was signed. The following ordinance was considered: • NO. 95-142 • • AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WILLIAM TRANTHAM AND ASSOCIATES TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE !I • O ' • ca 4ge,d9 M0. City of Denton City Council Minutes August 1, 1995 Page 10 EXPENDITURE OF FUNDS 'PHEREFOR; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt thR ordinance with the provision that it would not !;a executed until signed by Mr. Trantham. On roll vote, Miller "aye", Young "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance retaining the lawfirm of Wolfe, Clark, Henderson & Tidwell to represent Lonnie Flemming and James Dotson in the lawsuit styled Kathy Disheroon v. W. David Scott. Lonnie F12=ing and Jim Dotson. Council Member Cott returned to the meeting. Herb Prouty, City Attorney, stated that ;.his was the same law suit but would hire a different law firm from the previous ordinance. Mr. Scott had requested to be represented by Mr. Trantham and the other officers wanted to remain with this law firm. l The following ordinance was considered: NO. 95-143 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, Young motioned, Biles seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye's, Krueger "aye", Biles "aye", and Mayor Castleberry Faye". Motion carried unanimously. • F. The Council considered adoption of an ordinance retaining the lawfirm of Wood, Springer & Lyle, to represent the City in pending litigation styled Richard and Marvlnn Brentzel. Individually and on behalf of Pamela Brentzel v. City of Denton. Ed Green. and Denton Plaza Sho,Ryina Center. Herb Prouty, City Attorney, stated that this ordinance was • requesting the hiring of a law firm to represent the City in litigation. This was a personal injury lawsuit where a young girl • • was at restaurant in a shopping center and walked around a car at a take out window. This restaurant was near a drainage ditch and the girl fell in the ditch. As a result, she sued the shopping center, the City and the owner of the shopping center. • 3 i i 1 ~ ' O '011dd 110171„ City of Denton City Council Minutes ff la,e~__ August 1, 1995 Page 11 The following ordinance was considered: NO. 95-144 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOOD, SPRINGER & LYLE, P.C. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUIIHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. Council Member Miller left the meeting. G. The Council considered adoption of an ordinance amending sections of Chapter 27 ("Vehicles for Hire") of the Code of ordinances and ordinances No. 89-102 and 90-180 to provide for ` rates to be charged as fares; providing for a maximum penalty in the amount of $500.00 for violations thereof; providing for a severability clause; providing for a savings clause; and repealing any ordinance in conflict herewith. city manager Harrell stated that this ordinance was drafted in accordance with the desires of the Council. The following ordinance was considered: NO. 95-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS OF CHAPTER 27 ("VEHICLES FOR HIRE") OF THE CODE OF ORDINANCES AND ORDINANCES NO. 89-120 AND 90-180 TO PROVIDE FOR RATES TO BE CHARGED AS FARES; PROVIDING FOR A MAXIMUM PENALTY IN THE i AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, You,ig seconded to adopt the ordinance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Biles "aye", and i Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides Of Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street, the west side of Denison street 4 O 0 • w lgenda !JO . Agenda Item Date City of Denton City Council Minutes August 1, 1995 Page 12 from its intersection with University Drive to its intersection with Sherman Drive, the east side of Denison street from its intersection with Sherman Drive to its intersection with Headlee Street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain Street, the south side of Ross Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street during the annual North Texas State Fair and Rodeo to be held from August 18, 1995 through August 260 1995. Council Member Miller returned to the meeting. Joseph Portugal, Assistant to the City Manager, stated that Council had previously approved an annual exception to the noise ordinance for the North Texas State Fair Association. This ordinance would impose a temporary no parking zone during the Fair days. This would benefit the residents in the area, mitigate potential congestion, and maintain traffic flow. Council previously approved such no parking in 1993 and 1994. The following ordinance was considered: NO. 95-146 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS • STATE FAIR AND RODEO TO BE HELD FROM AUGUST 18, 1995 THROUGH • • AUGUST 26, 1995; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. • 0 • a EA0j:11oM pCity oP Denton City Council Minutes August 1, 1995 Page 13 Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Killer "aye", Young "nay", Cott "aye", Krueger "aye", Silas "aye", and Mayor Castleberry "eye". Motion carried with a 5-1 vote. 8. Resolutions A. The Council considered approval of a resolution designating a representative in regards to a joint filing for optional extended metro service ("EMS") from the Denton exchange to the Dallas metro exchange. city Manager Harrell stated that Resolutions A and B were related. These two actions would allow GTE to go to the Public Utilities Commission to ask for expansion of a service which had existed since 1992. In 1992, GTE, at the urging of the City, requested of the Public Utilities Commission and obtained approval for extended metro service to Denton residents for outgoing and incoming calls from an extended service without paying long distance charges. The prior areas were GTE service areas within the metroplex. Mayor Pro Tom Silas left the meeting. City Manager Harrell continued that the first proposal designated a representative from the city in regard to the filing and it was recommended that the Mayor's name be inserted as the official representative. The second proposal authorized the City Manager to execute the joint agreement with GTE. If granted by the Public Utilities Commission, the service would extend to include the Dallas metropolitan exchanges under the jurisdiction of Southwestern Bell with no additional cost to the Denton resident. If a resident already had the extended service it would not cost any more for the additional exchanges. Melvin Willis, GTE, stated that the service was called a premium • plus calling plan at this time and would be extended metro service when the Dallas area was added. Mayor Pro Tem Silos returned to the meeting. The following resolution was consideredi • NO. R95-037 • • A RESOLUTION OF THE CITY COUNCIL OF D£NTON, TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON EXCHANGE TO THE DALLAS METRO EXCHANGE) AND PROVIDING AN EFFECTIVE DATE. • • j % City of Denton City Council Minutes { August 1, 1995 Page 14 Young motioned, Hiles seconded to approve the resolution inserting the name of Bob Castleberry as representative. On roll vote, Miller "aye", Young "aye", Cott 10aye", Krueger "aye", Biles "aye',, and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to executo a joint agreement between the City of Denton and GTE Southwest Incorporated for optional extended metro service. The following resolution was considered: NO. R95-038 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AGREEMENT BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED FOR OPTIONAL EXTENDED METRO SERVICE; AND PROVIDING AN EFFECTIVE DATE. Bilea motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution waiving the thirty day notice period for an emergency adjustment so the`. the emergency rates adopted by the Board of Directors of the Texts Municipal Power Agency by Resolution No. 95-7-8A may be effective on August 1, 1995. Bob Nelson, Executive Director for Utilities, stated that last January, the Mayor, City Manager and Utility Manager of the four TMPA cities met and made recommendations to the TMPA Board regarding possible cost cutting meusLires. Council Member Young left the meeting. J • Nelson continued that the TMPA staff followed that directive and { made some significant operational cuts and staff cuts. One directive requested a decrease in the rates to be put forth as soon as possible. The reduction would be approximately $1.25 per KW per month which represented approximately a $6 million reduction for the year. The TMPA Board of Directors authorized the reduction of • that demand charge rate to go into effect on August lat. There was a contract provision that 30 days notice must be made to reduce or • r change rates. This resolution would waiver that provision to allow for the August lst change. Council Member Krueger left the meeting. • 0 • o City of Denton city council Minutes August 1, 1995 Page Council Member Cott asked under what circumstances could a program be created to reduce bond indebtedness. Nelson replied that that was an issue which the TMPA Board was currently dealing with. The Board was looking at a possible $28 million per year savings with the conversion to Powder River Basin fuel. The question was how those funds would bo used. Council Member Cott asked if it was possible to bring to the Board a position that the Board would like to create a continuing reduction of bonds. Nelson stated that that was the general procedure which the Board was now following. The Public Utilities Board was continually discussing such a procedure. City Manager Harrell stated that Denton had been presenting to its two board members that TMFA should develop some type of program to retain much of the savinys to pay down the debt. Council Member Cott felt that when something was on paper, it was easier to look at and to keep to that mark. city Manager Harrell st.!ted that staff could draft a resolution which would put the Councii on record regarding its position. That would help L. communicating to the Board members that that was the position of the Council. Councii Members Krueger and Young returned to the meeting. The following resolution was considered: NO. R95-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS • WAIVING THE THIRTY DAY NOTICE PERIOD FOR AN EMERGENCY RATE ADJUSTMENT ADOPTED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY BY RESOLUTION NO. 95-7-8A MAY BE I EFFECTIVE ON AUGUST 1, 1995; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the resolution. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried • unanimously. • • 1 9. Submission of the effective tax rate and rollback tax rate. ~ ion Fortune, Chief Finance officer, stated that the City received • O • ca • a ro'oe enda nda 4o City of Denton City Council Minutes August 1, 1995 '1e-- Pago 16 its certified appraised value on July 26th. Using that value from the appraisal roll, the effective tax rate would be $.5572 per $100 valuation. The effective tax rate was the tax rate which wuuld generate the same amount of revenue this year as last year for the same pieces of property. The Notice in Hearing rate was 3$ above the effective rate or $.5739 ar,u the rollback rate was $,5837 per $100 valuation. i City Manager Harrell stated that if Council indicated during budget deliberations that they wanted to go above the $.5739 rate, formal notice and publication would have to be made. Such a decision would have to be made by August 22nd. Biles motioned, Cott seconded to approve the submission of the effective tax rate and rollback tax rate. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10, submission of the certified collection tax rate. Jon Fortune, Chief Finance Officer, stated that the ad valorem taxes received were in two components. The first was those taxa received for operations and maintenance purposes. The second was for debt service: payments. This item certified that the City anticipated collecting 100% of the ad valorem taxes which would be contributed to the debt portion of the tax rate. Cott motioned, Miller seconded to accept the certified collection tax rate. On roll vote, Miller "aye", Young "aye", Cott 'layer', Krueger "aye", Bi.les "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council considered approval of a request from Ben E, Keith to fly the City of Denton flag at their location. Joseph Portugal, Assistant to the city Manager, stated that in • April 1994 the Council adopted an official logo and new City flag. Section 3 of that ordinance stated that no firm, corporation or organization could display the City flag in any form without written application and approval by the Council, Ben E. Keith had requested to purchase 2 flags for display at their grand opening ceremonies. • Mayor Pro Tem Biles did not like the fact that a business had to • S come to Council to request to fly the City flag. Biles motioned, Young seconded to approve the request, on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles i I~ 1 • 0 'genAa Hn w , nenda Item„_ City of Denton C'ty council minutes Avilda August 1, 1995 - Page 17 "aye", and Mayor Castleberry "aye". Motion carried unanimously. j 12. The Council considered nominations to the City's Boards and Commissions. There were no nominations made at `his meeting. 13. Vision Update Council Member Miller stated that the Vision cabinet had received final reports from the LIVE, PLAY, LEARN and WORK groups. All of the reports were well done and were very Ancouraging. There were many recommen%ations as they applied to the direction Denton would be going. The Cabinet would be meeting soon to discuss the information received and decide on procedures to follow. 14. Miscellaneous matters from the City Manager, A. The Council reviewed a schedule for the CIP election and gave staff direction. I City Manager Harrell stated that at the last Council meeting, Council had requested staff to refine the time schedule for the proposed bond election to be held tentatively on February 24, 1996. In conjunction with that time frame was a tentative time line for 1 the consideration of the adoption of a drainage fee. I Mayor Pro Tem Biles indicated that he would not be at the December 20th meeting to consider adoption of the drainage fee ordinance. City Manager Harrell stated that the consideration of that ordinance could be changed to the December 13th meeting, if Council had no objections. Miller motioned, Krueger seconded to change to consideration of the • ordinance to December 13th. On roll vote, Miller "aye", Young "aye", Cott "aye's, Krueger 'raye", Biles llaye'01 and Mayor Castleberry "aye". Motion carried unanimously. B. The Council received a briefing and gave staff direction regarding the) COPS Program and potential grant funds for additional patrol officers. • Council Member Young left the meeting. ~ • • Mike Jez, Execvtive Director for Emergency Services and Chief of Police, presented an overview of the COPS program. In 1987 a newspaper story indicated that Denton was the eighth worst crime- 0 • sa City of Denton City Council Minutes August 1, 1995 Page 18 t ridden city in the State. At that same time, David Ellison, Assistant to the City Manager, was meeting with a group of citizens in Southeast Denton about a drainage problem on Alexander Street. Ellison asked him if he would be willing to meet with that group. At that meeting, the citizens did not want to talk about drainage. They were frustrated with the quAlity of services of the police department at that time. That initial meeting lead to a series of , meetings which occurred over the next 6 months. During that time i two claims were noted by the citizens in the area. One was that their neighborhood experienced more crime when compared to other ' neighborhoods and the second was that the police did less about { that crime. As the meetings continued the neighborhood residents articulated ten priorities that they wanted the police department to address in their neighborhood. Those priorities were taken back to the police department and a select team of police officers 1 were chosen to address those issues. In late 1988 the Police Department presented to the citizens of southeast Denton a plan f which the police officers had developed on how they intended to address those 10 priorities. After seeking and gaining consensus from the neighborhood, those police officers implemented the plan. In six months, crime in the area was reduced by 46%, narcotic arrests were Increased by 380% and response time was reduced by 2 minutes, More important than those statistics was the evolution of a relationship between the citizens and officers who patrolled that area. The officers formed partnerships with the citizens in southeast Denton. For example, at the insistence of the citizens, the first community office was opened in southeast Denton. That office was opened without the expense of tax dollars except for the staff time provided by the officers. It was volunteer driven with corporate contributions to the sponsorship of the office. The Department also formed alliances with the CDBG office to demolish abandoned structures and places where crime was fostered. The TWU j Health Cares program came into southeast Denton. At the conclusion of the six month pilot project, the Department made the commitment to expand the COPS program to other parts of the City, In 1989 the • Department was reorganized with the reassignment of 22 personnel and a complete restructuring of the division in the areas of accountability and reporting relationships to further the CoFS initiative. Every year since 1989 there had been a reduction in the City's crime rate with most of those years the reduction was in the double digits and in 1992 Denton led the State of Texas with a 21% reduction in crime rate. In 1992 the Police Department's COPS program was recognized by the National League of Cities as a • recipient of its Award of Excellence for innovative programming. • • often the COPS program was discussed in programmatic sense. Council Member Young returned to the meeting. F i rrr~► • lpenru No - ~pend~ Item ~ City of Denton City Council Minutes Cato-- August 10 1995 Page 19 Jez continued that more important than the programming implications was the philosophy regarding delivery of police services. That philosophy rested on three essential elements (1) element of consultation - the Police Department must create opportunities for the officers to consult with citizens who reside in their patrol areas about what the policing priorities in the neighborhood should be; (2) process of adaptation - police agencies must be willing to look at their historical techniques and strategies in terms of goal accomplishment and adapt to those strategiea to achieve those goals and priorities which had been articulated by the citizens during the consultation phase and; (3) mobilization - historically police departments had approached this phase with what resources to address. The first response in that approach was that there would not be enough dollars and people. Under the COPS philosophy, all players were mobilized for service. That meant forming partnerships with universities, corporate citizens, and other municipal departments. Within the community problem solving and improving the quality of life were central. staff in the Poli%e Department looked at the COPS program and tried to make a determination as to what could be done internally to continue the forward movement of the program. There were 35 tasks identified which had been worked on over the last 12 months. The majority of those tasks were completed and would be implemented in the next quarter. Last year the Police Department applied for a grant from of the National community Policing office and received 3 officers through that grant. It was planned to use two of those officers as area command coordinators, One officer would be assigned to a new program as a business liaison coordinator and focus on more effectively drawing the business community into the COPS program. Three officers had been selected to fill those positions and would begin August 12th. Mayor Pro Tom Biles asked if those officers were already in the department. j I • Jez replied yes. Mayor Pro Tom Bites stated that three additional officers would be added. Jez replied correct. • Mayor Pro Tom Biles asked if this was a situation where the Federal , • • dollars were larger in the start of the program but declined over a three year period. Jez replied correct. t .G V }`1 r 1,lcnda F:o _ ~ °nGa ~teni City of Denton City Council Minutes August 1, 1995 Page 20 Council Member Young asked how many Afro-American officers were in the COPS program. Jez replied that there was one African-American police officer. City Manager Harrell stated that the grants from the Federal government were on a declining three year basis. After the three years, a city was responsible for the entire budget of the officers. Last year, due to the needs in the Police Department, the City was one of the first jurisdictions to apply for the program under the crime Act and applied for police officers. The City had received a letter which continued the grant program and was asked to give an indication of the number of additional officers Denton would like to have over the next five year period. Other than next year, this would be done just for planning purposes. The 1996 appropriations had been made and further appropriations would be speculative. There was no funding in the proposed budget for police officers. If Council was interested in officers under this progran, they would have to make a decision and file the proposal by August 31st. Mayor Pro Tem Biles asked for the percentage of funding. City Manager Harrell stated that it was up to 75t. Next year the City would be responsible for 25% of the police salaries end benefits. Under the current grant the funding declined on a rdsis of 75% to 50% to 25% and then 100$ costs for the City. Thert was some indication that under the new program up to 75% to a ca? of $75,000 would be paj.d. Staff was needing a clarification on how the current funding would decline. Councii Member Young stated that he was in favor of the CUPS program but he would be protesting until the COPS program had the required number of Afro-American officers which was equivalent to the number of Afro-Americans living in Denton. There was a need ! for at least three more Afro-American officers. C. The Council received a report and held a discussion regarding the cable t.v. rate regulation and franchise transfer issues. Richard Foster, Public information officer, stated that in the near future staff would be bringing an ordinance for council I • consideration relating to the City's cable television franchise. • • ! The first ordinance concerned rate regulation. The Cable Act of 1992 allowed cities to become the regulatory authority for the rater charged for the basic level of cable service, for the rates for the hourly installation and maintenance and for the rates for • r III _ 1pem;a rJn V ~ - i.0ell da Ilern City of Denton City Council Minutes 4 oarc_ August 1, 1995 L.,...__ Page 21 convertors and remote controls. The City retained a consultant to review the forms required by the Federal Communications Commission. There were two ways a cable company could justify its rates. one was through a bench mark showing and the other was through a cost of service showing. If the rates were found to be at or below the bench marks, their rates were deemed to be appropriate. The consultant recommended that the current rate charged by Sammons be approved for the basic level of service, for the convertors and for the remote controls. The hourly maintenance rate was too high and the consultant recommended that that rate be reduced. Sammons would have some refund liability going back for one year. Sammons was aware of that procedure and was wiling to make the refund. Sammons would have 10-14 days to file a report on how to accomplish what the City desired it to do, Another item for Council to consider was a request to transfer the existing cable franchise to Marcus Cable. Denton had joined with sixteen other cities in north Texas who were currently served by Sammons to retain a consultant to evaluate the Marcus Company. The current franchise agreement would have to be amended and would require three readings before Council and a publication of intent. Council Member Cott asked why the City was having to pay for a consultant as it was not the purchaser or buyer. i Foster replied that Denton would be reimbursed for the cost of the consultant. Herb Prouty, City Attorney, stated that the consultant would study the financial status of Marcus who would be the assignee of the franchise. It was important to know if Marcus had the financial ability to provide services at least as good as Sammons did. As part of the transfer, all the cities who were paying the consultant were asking to be reimbursed by Marcus which they appeared to agree with. • City Manager Harrell stated that the City did not want to approve the transfer unless it knew that Marcus could provide adequate services. Joe Dodd urged the Council to not transfer the old contract to the new company. He felt it would be better to start with a new contract agreement rather than using the old agreement. Programming • was a take it or leave it situation which was not fair to the consumers and the pricing structure was unfair. • • D. The Council received a briefing and gave staff direction regarding an economic development partnership contract with the Chamber of Commerce, • 0 • AOeeda No _M - J,pmda flem Date _ City of Denton City Council Minutes August 1, 1995 Page 22 Betty McKean, Executive Director for Economic Development and Municipal Services, stated that last year Council amended the partnership contract to authorize the expenditure of $25,000 for an economic study of the community. The study wan completed late this spring and Council had since reviewed those recommendations. Council directed staff to work with the Legal Department to draft some amendments to the existing agreement to allow for the incorporation of the Fantus recommendations. Staff had been working with the Chamber staff in reviewing the recommendations which covered six areas - (1) Structure of the transition committee, (2) Process for appointment of the chair, (3) Proposed charges of the EDTC, (4) schedule for accomplishment of charges, (5) Funding of EDTC expenditures, and (6) Interim operation authority. Mayor Pro Tem Biles left the meeting. McKean continued that it was recommended that the committee have the authority to hire consultants and experts in the field of 1 economic development subject to the approval of the Chamber and the Council. It was felt that the committee could be formed by October and complete its task by March of 1996. Mayor Pro Tom Biles returned to the meeting. McKean stated that Article 4 contained two paragraphs which were additions and spoke to the authority of the committee to do special studies and research. Mayor Castleberry stated that from the Fantus report he was under the impression that this would be a new board, apart from either the City or the Chamber and would office elsewhere. It would be a stand alone board. McKean stated that the Economic Development Corporation's final structure and charter would be driven by what the funding mechanism would be. Mayor Castleberry asked if a contract would be necessary between the City and the Chamber when the permanent board was selected. That board would have the authority to office wherever it wanted. • McKean stated that that would depend on how the final funding and final charter was written. ' • Mayor Castleberry stated that he would like that left open. This was the impression he had from the Fantus report that this was a stand alone board. • 1 • • gendo No Aperida lie rri. City of Denton City Council Minutes pttc__ W August 1, 1995 Page 23 McKean stated that the final charter would formulate the new corporate structure, Council Member Miller asked if the board could be directed to study the half cent sales tax in a broad sense. McKean stated that that was so intended. Council Member Krueger felt that the original motion made by Mayor Pro Tem Biles was that this was not an interim board. This was to be a take over board. He felt that Council had voted and passed that procedure. This would be a stand alone board with the funding to be determined later. This would not be an interim board. Mayor Castleberry stated that he had the same understanding. City Manager Harrell stated that tho contract was written so that the transition board had two functions. One was to do the comprehensive study to recommend how to permanently develop the corporation. A second task would be to replace the current larger board which was a joint City/Chamber board which oversaw the daily operation of the current economic development effort. This group would be charged in accordance with both of those tasks. Council Member Krueger felt that that was not the motion. There was a discussion on whether that joint Chamber/City economic development board would remain or be replaced immediately by the smaller board. He felt that it was the motion that it be replaced immediately. City Manager Harrell stated that that was the intent. Council Member Krueger stated that the seven people would be the final board. j • Council Member Miller felt that the smaller board would make a i recommendation to be approved by the Council to determine what the permanent structure would be. Mayor Pro Tom Biles stated that the intent of his motion and his understanding of what was voted on was that the Council was establishing and seating no later than October let a board which • would replace the current economic advisory board and assume all responsibility and duties previously assigned to that board. The • • seven member board would look at a variety of ideas. His recollection and his intent of the motion was to not study whether or not to have a corporation and not study on how many members to have on the board of that corporation. There was no reason to not r • City of Denton City Council Minutes August 1, 1996 Page 24 have articles of incorporation filed with the Secretary of State and have the corporation in place by October let. The appointments would be made, four from Council and three from the Chamber. As soon as those directors met for the first time, they would adopt a set of by-laws and then proceed with the process of the corporation. The corporation would be independent of the city and Chamber except if an economic development sales tax were to be adopted. The rate would be set by Council and the members of the board would be appointed by Council. At that point in time, it would not have anything to do with the corporation. Council Member Miller asked if Mayor Pro Tem Silos meant that the contract with the Chamber would be cancellod, Mayor Pro Tom Biles stated no that the council needed to adopt the proposed amendment because that corporation would still be a corporation between the City and the Chamber. The funding would be the same and the Chamber would still be a partner with the City. What needed to be changed was to proceed with the corporation. There would still be a partnership with the Chamber until an economic development sales tax was possibly adopted. At that point in time, the chamber could not be a part of the process of appointing members and funding. Council Member Miller stated if the contract with the Chamber was going to be amended, he did not understand the need to set up the corporation now. If the sales tax was adopted it required a vote of the citizens of Denton. At that time, the law prescribed what the corporation would look like. He did not understand the amendment to the contract when the same staff would be used and the funding was in place. Mayor Pro Tem Biles stated that the reason was that the corporation could look at the sales tax as a mechanism of funding but there were also ten other scenarios for funding. As a non-profit • corporation it could continue to have private and public funding. The present relationship, while a committed relationship, was not producing the results. A non-profit corporation could begin implementing the Vision recommendations. Council Member Miller felt that was there were two charges for the group. One was to act as the board to the existing program which • would be effective October lot. The second was to conduct a 5-6 • • month study which would be presented to the Chamber and to the City with recommendations including funding. This board would not presume that they would do other items without these recommendations coming back. Agenda Ne Jaenga llem_ City of Denton City Council Minutes August 1, 1995 Page 25 Council Member Cott stated many months ago the Chamber asked the City for venture capital money to conduct an economic develop program. So far this program had been studied and talked to death. It was being loaded with overhead in such a manner that there was no possibility that it could ever stand alone. Other cities were ahead in industry and the City was ahead in rhetoric and study. Staff should prepare an ordinance which created an economic development organization with four city and three Chamber representatives, The organization would chose its own chairman appointee. There was no need for interim committees. Membership in this joint organization would not consist of any elected or staff employee from either the Chamber or the City. Approximately $50,000 a month funding was needed to start with which was already in the budget and which would be needed for approximately one year. These funds would act as seed money and everyone needed to help raise the rest necessary, The funds would be audited by the City auditors and a special committee of citizens. A twelve month budget would be presented to the Chamber and the City on October 19, 1995. Hiles motioned, Young seconded to direct staff to present the proposed Amendment Number 2 to the Denton Chamber of Commerce Hoard of Directors and President with the following amendmentsc Article 11, paragraph two provided that the composition of the board be seven persons, four to be appointed by the City Council and three to be appointed by the Chamber. The seven mom"^r board would elect its own chairman and that no member of the board shall be an employee of the City or the Chamber. The board would report back in written form to the Council and Chamber no later than January 31, 1996 its recommendations on forming an economic development corporation, Council Member Krueger asked for a restating of the motion dealing with City/Chamber employees. Mayor Pro Tom Hiles stated that none of the seven member board could be employees of the City of Denton or of the Chamber of Commerce or an elected official. Mayor Castleberry indicated that part of the motion added included the eliminat{.on of any elected official to the board. He asked Council Member Young if his second agreed with that inclusion. Council Member Young agreed with that inclusion. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Hiles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • n l 4 ;pI p lgeno Nn P;",endAllem - City of Denton City Council Minutes lale__ August 11 1995 Page 26 16. There was no official action taken on Closed Mooting Items discussed earlier. 17. Now Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Young stated that the lights in the gymnasium at the MLK Center were too dim and needed to be a higher wattage. B. Council Member Young stated that last year there were several fires and faulty heating systems at the Phoenix Apartments. He requested that the City review the heating system, cooling system and exhaust systems at the Phoenix Apartments with a report to the council on the findings, City Manager Harrell stated that the Housing Authority was an independent agency and not part of the City organization. Staff could assist the Housing Authority with such a project but would not be able to do it alone. The City could help with the project but the Housing Authority would b~ the primary facilitator. C. Council Member Krueger requested that a follow up be done regarding the report from Teri Woods. D. Council Member Krueger asked that the ordinance regarding the Fill-the-Boot campaign be reviewed. Mayor Pro Tom Silas stated that the time frame was short for this issue and asked that the legal issues be addresses so that Council could vote on the issue within the next 30 days. Mayor Castleberry asked that liability issues be included, E. Mayor Pro Tom Bites asked for a review of the ordinance regarding the Denton flag. Council Member Young read the following statement (copy included in the agenda back-up materials): Dear Mayor, Honored Colleagues on the Council, Ladies and • • Gentlemen: Three weeks ago, in the heat of debate, I said something that I wish I hadn't said, i wish 1 hadn't said it because it was wrong, and it was insulting to the people on this Council and in the Ai: `°2. aka'` 4 rz f 4penda tlo Apeada NIT) City of Denton City Council Minutes+a+r._.._,_~.~. August It 1995 Page 27 community. What I said was in the debate over whether to rezone for a motel on I-35. Apparently, some of the people who opposed that rezoning felt like I was accusing them of racism. That is an uqly word for an ugly thing. We need always to be on watch tor it. But on this question, after deep reflection and prayerful concern, I an absolutely convinced that racism played no part in that discussion. There was no racism on the part of you, my honored colleagues on the City Council, and there was no racism among those persons from the Dania Park neighborhood, who opposed this proposed rezoning. I am sincerely sorry that I said what I did. I was wrong, a-,d I hope that you will find it in your hearts to forgive me. sincerely, Carl G. Young, Sr. 18. The council did not most in Closed Mesting during the Regular Session. With no further business, the meeting was adjourned at 10:10 p.m. BOB STLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY r CITY OF DENTON, TEXAS ACCO02A4 y . , ! r' sr !.y x • to • CITY OF DENTON CITY COUNCIL MINUTE ti9Pnda Ng - AUGUST 8, 1995 l,pendt Item. _ The Council convened into a Work Session on Tuesday, _"AtLU"B. at 4:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Ten, Biles; Council Members Cott: and Miller ABSENT: Council Members Brock, Krueger, and Young. City Manager Harrell stated that this was the formal start of the budget hearings. At this meeting and the next, Council would have presentations from staff providing an overview of their particular operation and how it was being impacted by the proposed budget. This was a time for Council to raise questions regarding these budgets and their proposals. The August 15th meeting would start at 4100 p.m. with formal budget presentations until 7:00 p.m. The August 22nd meeting would schedule the public hearing regarding the proposed budget. Council Member Young joined the meeting. City Manager Harrell stated that the Council woule also hear from the hotel/motel tax recipients at the August 22nd meeting. The meeting of August 29th and September 5th were devoted entirely to Council's discussion regarding the budget. September 5th would begin a preliminary budget balancing. Council Member Cott asked if the economic development discussion would be a part of the process. City Manager Harrell stated that at the next agenda, Council would have an ordinance formally approving the contract which Council had discussed. Council would also have, as part of the budget, the Utility Department contribution to the economic development effort. Council Member Miller asked is Council should only ask questions for clarification as the reports were recaivf) ;'rom staff and not go into long discussions, City Manger Harrell stated that it would be helpful if Council asked questions for clarification only and request additional information if necessary. As the budget stood today, in order to f, balance the budget the Council would need to either reduce expenditures by $341,000 or add revenues of that amount or a combination thereof. There was a $93,800 loss in the certified tax roll. It had been projected that the Appraisal District would not reduce the appraised value as much as they did. Two County contributions had an effect on the budget figures. There was an increase in the contribution to the library fund with an increase • of $1,400 over what was projected in the budget. However, there was a loss in the County ambulance contribution of approximately • $26,278. Last year the County adopted a formula for EMS service which called for 1/3 population, 1/3 for amount of territory j serviced and 1/3 for the number of calls made. Last year there was , a severe drop in the number of ambulance calls for the County which s sa o City of Denton City Council Minutes _ August 8, 1995 ~nRhukidao:. w Page 2 NWWa lien, drove the number down substantially. a Council Member Krueger joined the meeting. City Manager Harrell stated that this might be a one year drop as the number of runs had already increased this year. Council Member Young asked what the County and the City did pertaining to the library. City Manager Harrell stated that last year the County developed a formula to fund library services in the county which remained constant for this year. The preliminary numbers for the sales tax receipts had been received. June was down $79,000 from the projected budget and July was down $143,000. The budget process would then start with a deficit of $341,000 which needed to be included in either a budget reduction in expenditures or an increase in revenue. One other unknown was the amount of rate increase in the health insurance premium. There were two remaining months of ralos tax numbers which would have to be considered et,ring the budget process. 1. The council received reports and held discussions regarding the following budget hearings: General vernment - Joseph Portug,,i, Assistant to the city Manager, stated that the general government administration interfaced with many oth~,_- city departments. Their were four major packages for this department. Those package included (1) a records management package for $1,000 for microfilmingr (2) $2,580 to restore funding for the City Manager's office to attend the Texas City Manager's Association conference; (3) a laser printer for $1,6801 and (4) a COG intern at $1,800. Richard Foster, Public Information officer, presented the budget for the Public information Office. The budget reflected $215,740 to fund a citizen newsletter. Currently the newsletter was included in the three times per year Parks and Recreation brochure. This package would change the newsletter to a quarterly stand alone direct mail newsletter. At least for the next fiscal year, 754 of the total cost of the newslettee was funded by the Utilities Department. This budget also included $386 for a new printer, The cable television budget included a video producer/ director who would be funded by a $,25 fee on cable television subscriptions, There were no other changes in the proposed budget. Council Member Krueger asked about the increase in supplies. , • Poster replied that that was the packaa9 for the citizen newsletter which was offset by the Utility Department. s • . 4' O City of Denton city council minutes crtda August B, 1995 Page 9 Council Member Krueger asked about the increase in services. Foster stated the supplies would be the sorting and the postage. The services included the newsletter project. Council Member Young asked if the newsletters were mailed with the utility hill. Foster stated that the proposal would have this be separate from a utility bill. it was felt that a direct mail piece would have a greater readability for the citizens rather than included with another item. City Manager Harrell stated that another concern was the comprehensive list of items which were already placed in with the utility bill. The small size of the utility bill would prohibit the size of the newsletter which could be mailed. Council Member Young felt that money could be saved by sending the newsletter with the utility bill. City Manager Harrell indicated that staff would develop information regarding that proposal. Mayor Pro Tem Biles asked for a report on other types of publications and the format of those publications which the city sent out. council Member Krueger suggested integrating Parks and Recreation brochures, library publications, etc. into one newsletter for savings. Mayor Castleberry asked about reductions in advertising which might be included in the newsletter. council Member Krueger asked if the increase in cable television personal services was the increase of a half-time person. Foster replied correct that the position would be a full time position but only full-time for half of the year. Mayor Pro Tom Bi.les asked if the individual would produce the television commercials for the City. Foster replied that the individual would supervise the broadcasts of the Council meetings and could help produce a weekly news O ` O program dealing with current events and Issues, interviews with the council members and programming for other departments. Council Member Krueger asked for the general resources on the revenue aide. O 0 • f. City of Denton City Council Minutv,i Aujust 6, 1995 rnA !rp _ Page 4 ~i City Manager Harrell stated that those were primarily tax funds which would be used to balance the budget. Lecia1 - Herb Prouty, City Attorney, stated that his budget was much the same as last year. Document production was reduvr.d due to the lack of a full staff for most of the year anc it was anticipated that higher levels would be achieved durii,q the next year. It was also anticipated that there would be more work associated with the Municipal Court of Record for the next year. Two budget changes were to continue the conversion of their law books to CD ROM which was more efficient for legal research, it also freed up space for the department. Another budget change was a request for filing cabinets for $2,230. Mayor Pro Tem Hiles asked about outside counsel fees. Prouty stated that outside counsel fees were reflected in the services account. The services account would be down next year. Some of funds in that account were dedicated for legal work for another department such as a rewrJ.te of the zoning ordinance. The rest of the amount was for outside counsel for complex cases. As the Department was short staffed last year, not as many cases could be handled. That should change now that the department was full staffed. Human Resources - Tom Klinck, Director of Human Resources, reviewed the department's strategic services and major goals. Overall his 1994-95 budget would be under budget due to staff turnover. The proposed budget for his department was greater due to health insurance increases. He was requesting funding for three personal computers and for the COG Discount Plan. The budget reflected a reorganization within the division which down-graded a professional position and eliminated temporary/seasonal hours to fund an office clerical position. The budget provided for funding to implement a drug and alcohol random testing program as outlined by the Department of Transportation. The $9,000 was for three-foutths of a year as it was implemented January 1, 1995, It was anticipated that $16,000 would be needed for the program for the next fiscal • year. Council Member Cott asked if any risk management had been applied to the drug testing items. Klinck replied that as a result of implementing that program, there had been some improvement in risk management activities, The City was required by the Department of Transportation to test 258 of the ♦ Cityts 200 commercial drivers for alcohol and 508 for drugs. • Council had determined to apply those same standards to all employc,es in safety sensitive positions. 9 City of Denton city council Minutes 4Ucol NO August 8, 1995 /pcltUaflem...m...,_.....,,,,_..,.__. Page 5 ! q Council Member Young asked about fi.mding for the JTPA Program. He also asked about benefits fo•- half-time employees, Klinck replied that the JTPA program was funded by the Federal government through the state. The City did not budget for any funding as it was not a City program. 1 Mayor Pro Tom Bilcs asked about the occupational nurse position. Klinck replied that it would be a twenty hour professional services ~ contract. The City would contract with an individual to provide y the services for the City, Mayor Pro Tom Biles asked where that was reflected in the budget. # Klinck replied that it would be a zero cost increase paid for by $ the Risk Retention Fund. i City Manager Harrell stated that the City had established a risk retention fund which was funded by assessments made by each o operating department. These funds were used to pay law suit claims, workers compensation claims, etc. The cost involved with the occupational nurse would rollover in savings a sufficient amount on reduced workers compensation claims to pay for the cost of that allocation. Council Member Krueger suggested that a way to increase revenues might be to pruvide drug testing services to other entities such as the School District. Klinck replied that he had a meeting with representatives of the School District, the University of North Texas, Texas Woman's ~ University and the State School and was in the process of putting together a coalition to provide services to those entities, Such e an arrangement could also work with smaller cities for this -,1 service. c Review of Pronosed_CoMpensaal on paq],agg - Tom Klinck, Director of Human Resources, stated that the Council's philosophy for market analysis and adjustment was to strive to be competitive at the 50th percentile of the composite market based on actual salaries paid within the market. A survey done in the Spring of 1995 indicated that the City was behind the area market, The compensation ; adjustment philosophy was to compensate employees in direct relation to the value of the position and their contributions to e the success of the City and their department goals and objections, The January 1994 adopted compensation matrix provided for a 4.6% A average overall pay increase and 4.6% for police and fire. Council Member Miller asked for the average pay increase, . A • c> Q City of Denton city council Minutes I August 8, 1.995 Page 6 i Klinck replied that the average increase was 4.7% but stayed under budget total. The compensation proposal for non-civil service was a 3% market adjustment to the ranges of salary and a matrix which would provide for a 4.8% average increase. civil service was recommended for a 4.8% range adjustment for the pay ranges and schedule step increases effective January 1, 1996. Council Member Krueger stated that one factor in a salary range was once the salary was to the mid-mean point the convenience factor came into consideration. It was convenient to live in Denton rather than another city. He asked if that was figured into the mean range. Klinck replied that above the market increases were not as great as those below the market plus the evaluation was based upon performance. The benefits proposal recommended a 5% health insurance increase effective January 1, 1996 with negotiations still continuing. An item which was not recommended for funding was an increase in the retirement program. The City's retirement program was currently at 68 2-1 match while other area cities were at 7% 2-1 match. This affected the City's ability to recruit and retain individuals in the organization. The Council convened into a Closed Meeting in the Civil Defense Room on Tuesday, August 8, 1995 at 5:30 p.m. No official action was taken. council then returned to staff budget presentations. M.urLi_g-i"a -Judge - Sandra White, Municipal Judge, stated that the 11 Municipal Judge's office consisted of a full-time judge, one permanent part-time judge, two assistant contract judges and one secretary. she reviewed her objectives for fiscal year 1995-96 and workload measures which were detailed in the budget manual. Changes in her budget reflected funding for services. Three packages were 9 proposed for her budget. One package recommended for funding was to add services to pay for dues and publications dealing with employment contracts of the judges on staff. Additional costs for ! • office supplies and books for CD ROM disks was necessary. Each judge needed his own bench book and penal code for personal use. Another package dealt with a modem for the printer for the secretary. There were other items which were not included in the Judge's budget which could be discussed at another time. L Council Member Cott asked for the total number of hours per week a A the judges were needed. White replied that currently the permanent part-time judge would be working 20 hours, most of those hours would be in the evening hours. The part-time seasonal judges were on-call judges with no, set schedules. s Q . city of Denton City Council Minutes August 8, 1995 ` Page 7 Vehicles - City Manager Harrell stated that one of thetaajor budget issues was to replace some of the City's vehicles in a fairly comprehensive way. There would be various vehicle packages in the proposed budget. Harlan Jefferson, Director of Fiscal Operations, presented the status of the City's fleet. A problem existed in that there was no current replacement schedule which could result in a safety hazard to operators and potential increased costs for maintenance. He presented overheads dealing with the average age of the fleet by department. The worst area was the Airport with the Police Department patrol area having the best replacement cycle of vehicles. Maintenance cost comparisons of the vehicles per department was also noted. council Member Krueger asked if there was a regular scheduled maintenance program. Jefferson replied that there was a regular preventative maintenance program which was run by the Fleet Services Department for all vehicles. city Manager Harrell stated that this presentation was given to council to provide an idea of the overall condition of the vehicle fleet. Staff felt that one problem area was that the fleet had been neglected over the years due to tight budgets. Vehicles which should have heen replaced had not been replaced due to limited budgets. This report was to provide a general feel of the City's fleet condition. Jefferson stated that there was a strong relationship between the age of the vehicle and the ties and the age of the vehicle and maintenance costs. He presented slides of vehicles in the fleet relative to maintenance and age. A fleet utilization study was done to evaluate thn size of the fleet and appropriate use of the vehicles. Council Member Young felt that the fleet was aging and maintenance • costs were high. Somethirq needed to be done quickly in this area to update equipment. Treasury operations - f Motor Pool - Harlan Jefferson, Director of Fiscal Operations, stated that last year 12 vehicles were eliminated which generated $89,ooo in revenue from the annual auction. This money was credited to the appropriate department motor pool accounts. • Certificates of obligation were not issued but rather reserves were used to replace equipment. 0 s w • City of Denton City Council Minutes August 8, 1995 1rnA`, Page 8 da Warn Council Member Miller asked if interest was calculated on the use of the reserves. Jefferson replied that interest was calculated on what the charge would be on a 3 year treasury note. Council Member Young asked if the vehicles had warranties and how long were the warranties when purchased new. F Jack Jarvis, Fleet Supervisor, stated that any time a vehicle was purchased the warranty was picked up from the dealership. Each warranty differed with the piece of equipment with some equipment having extended warranties available. Council Member Krueger stated that the city loaned money from the 1 reserve to departments to purchase vehicles and then had to pay back with interest. Jefferson stated that in the past a department would purchase a vehicle from the motor pool with the funds up front. The department would have to have the capital that year to purchase the vehicle. over the next five years the department would pay back to the motor pool for replacement of that vehicle. Because of financial constraints over the years, the lease-purchase option was considered. A large portion of the fleet capital built up in the reserve and those were the dollars which were used. Council Member Krueger stated that if there was a large reserve fund, why waa lease-purchase being used. City Manager Harrell stated that a few vehicles were so expensive that there was not enough reserves from this type of program. The purchase of a snorkel would require a certificate of occupancy rather than lease-purchase. A vast majority of the vehicles would use this proposed scenario. Council. Member Young stated that he had received many calls from citizens regarding taking a half a million dollar fire truck to the • grocery store to purchase groceries. He felt that there should be a utility truck for that type of thing. City Manager Harrell stated that when a truck was out of the station, it still was on duty and ready to respond to a call. C stomer Service - Harlan Jefferson, Director for Fiscal • operations, reviewed the work load measures and objectives in the budget manual. Major budget changes in this budget reflected an • increase in postage ($5,600), a security system for $5,000, a mail extractor for $9,350, a consultant service fee for $35,000, a usage graph for utility bills for $30,000 and a curbside payment box $3,000. • n • _ w • City of Denton City Council Minutes JP,dano August 8, 1995,t;erdapern~"""T Page 9 f arl: Council Member Biles asked about the consultant service. Jefferson replied that the consultant would help select and analyze a new customer billing system. City Manager Harrell stated that the current system could no longer be supported as the company had gone out of business. A consultant would help analyze the types of systems available. Council Member Krueger stated that the $35,000 was just for, the consultant and not for the software, etc. Jefferson that the consultant would assist the city in the selection process, developing the bid specifications, etc. Council Member Krueger asked for a separate item on consulting fees in the proposed budget. Council Member Biles stated that the $35,000 appeared to be a very large amount. Jefferson replied that staff had projected what other cities had used for services. The $35,000 appeared large but if a new system was implemented and did not work correctly, there could be months of delays which would be very expensive. The downside in selecting a poor system would be very costly. City Manager Harrell asked for the cost for a new system. Jefferson replied that the purchase price of a system was approximately $750,000. City Manager Harrell stated that this showed the magnitude of the purchase for such a system. This was a utility system expenditure but was a very substantial investment. it was a crucial step to modernize the system. Treasury - Harlan Jefferson, Director of Fiscal operations, • stated that this budget indicated a change in the structure of the Finance Department personnel. it included the addition of the Risk manager position which was moved from the Finance Administration Division. It also reflected funding for a copy machine and a contract for an occupational nurse which was funded by the Risk Retention Fund. • Munioinal Court - Harlan Jefferson, Director of Fiscal operations, stated that this budget contained two packages. One • was a proposal to reclassify a clerk position to an Assiritant Court Representative. The other package was to purchase vital records security paper with the fees for birth./death records inoreaa ed slightly to cover the increased cost of the paper. • o City of Denton City Council Minutes August 8, 1995 coda lien Page 10 I sir Finance Administration - Darren Asher, Administrative Assistant, presented a program description and division goals for Finance Administration as outlined in the budget manual. Major budget changes included a change in the structure of the Finance Department personnel transferring the Risk Manger position to Treasury. The budget also reflected funding for a laptop computer for the Executive Director for Finance. 2 Council Member Bilee questioned the need for a laptop, r Asher stated that the laptop would provide staff access to perform financial transactions at home or away when needed. Hathy DuBose, Executive Director for Finance, stated that she did not have a computer in her office. The laptop would be her office computer and would be available to staff when needed. Purchasin - Tom Shaw, Purchasing Agent, reviewed objectives for 3.995-96 as noted in the budget manual. His budget reflected funding for a personal computer and a printer for the department. Warehouse - Tom Shaw, Purchasing Agent, presented goals of the department as indicated in the budget manual. The major budget changes included funds to purchase a computer and a printer. His budget was a base line target budget. Council Member Young left the meeting. Internal Audit - Susan Croft, Internal. Auditor, stated that her proposed budget reflected no major changes. She detailed ? objectives for her department and ways to achieve those objectives. t s co pJ_JM - Kristin Newman, Comptroller, stated that the department's baseline budget was affected by two factors. One was the reorganization of the Finance Department and the other was the separation of the budget function from the accounting function. • The net effect of the adjustments left the budget the same as in prior years. Three packages were included in the proposed budget. One was for an Accounts Payable clerk to comply with the Prompt Payable Act which required all accounts payable invoices be paid J within 30 days or pay J.21 interest, The volume of work in this I area had drastically increased with the current clerks routinely carrying a balance of 80 hours of compensatory time. This resulted in extreme burnout and heRVy turnover in the department. The second package was for continuing professional education for the CPA's on • • staff. The third package was for a personal computer for the department. r Council Member Cott asked about burnout in the department. i yt . r - ~rw •.w.r.a war...... .t • L ll • 1 ca r City of Denton City Council Minutes i August 8, 1995 npendaHo Page 11 Newman stated that there had been 12 people in 4 positions in the i* last two years. The heavy workload with heavy compensatory time provided too much stress and resulted in a large turnover. Budget/Tax - Jon Fortune, Chief Finance Officer, stated that this was a new division this year with the budget reflecting a change in the structure of the Finance Department. this change separated the budget function from the accounting division. The r Chief Finance officer and an Administrative Assistant I would be transferred from the Accounting Division. The proposed budget was requesting funding for a CD ROM and for the County Property Data software. Council Member Young returned to the meeting. Information Services Administration - Gary Collins, Director of Information Services, stated that a major goal for this department was to implement the public safety system and continue to develop long range strategic plans. The budget reflected funding for GIS maintenance. Administrative g@xvicel - Gary Collins, Director of Information services, stated that this budget would be basically the same as last year. The budget reflected funding to reclassify the Administrative Services Representative to a senior secretary position. Aevealopmont Services Planning Administration - Frank Robbins, Director of Planning and Development, reviewed the major division goals and objectives as noted in the budget manual. The budget reflected funding for additional overtime, the addition of a part-time secretary, the Denton Development Plan update, two uninterrupted power supplies, an add-a-stack shelving system and a certified Local Government grant. The part-time secretary would work with neighborhood services. Mayor Pro Tam Biles questioned the $8000 listed for postage in connection with the Denton Development Plan update. Robbins replied that that was what it cost to mail to every address in Denton. That would be one notice document invitation survey to • every address in Denton. * • Mayor Pro Tam Biles suggested placing that mailing in with the information from Richard Foster. Council Member Miller felt that a report should be prepared a o ; • m o r, Y. City of Denton city Council Minutes tpenla qn August 8, 1995 ~,pentla flern. _ Page 12 regarding mailings from the City instead of trying to separate all of the mailings out from the budget. Building Inspections - Robbins stated that there were no major ` changes in this budget. The budget reflected the funding for Motorolet radios and the replacement of two vehicles. Main Street - Robbins indicated that this budget included $200 to pay fuel costs for the Main Street Manager to attend the Downtown Association Board meetings. Human Services Agency - Barbara Ross, Community Development Coordinator, stated that the Human services budget was $900 dollars less than last year. There was a $3000 increase to Friends of the Family being recommended by the Committee, a $300 increase to RSVP, a $4,000 increase to the Denton Independent School District TTRIPS program, and two agencies not previously funded which were included this year. Those agencies were Interfaith Ministries for $7500 and campfire First Texas council at $3300. Drainage Howard Martin, Drector of Environmental Services, stated that the proposed drainage budget was $38,000 more than last year. This included three packages for barrow ditch and culvert cleaning maintenance which included a grade-all and pickup truck, a customer demand response package and a street sweeper. Other packages which were proposed but not recommended for funding included a light equipment operator, R small construction project on East McKinney, special services money and a Bent Oaks Project. Council Member Young asked how many street sweepers the City had, Martin replied one with a long period of down time. council Member Young felt that one sweeper was not adequate for the size of Denton. Council Member C.ot'. asked about the Bent Oaks projr,~at. ~ Martin replied t, cent Oaks was one of the projeeto which was not recommended for fundiny. Council Member Cott felt that the drainage for Bent: Oaks needed to be considered. ' council Member Krueger asked why drainage was funded out of the General Fund. e c~ nr un _ 4 City of Denton City Council Minutes August 8, 1995 Page 13 City Manager Harrell stated that the only item in which a specific trannsfer of money was made into a department was if that department I' gave direct service to either the electric, water, wastewater or solid waste function. Administrative functions such as Finance or Legal provided direct services to the utility system and therefore they receive an administrative transfer to the general fund. Ir, Utilities f t Bob Nelson, Executive Director of Utilities, presented an overview of the utility issues. EleCtrig - Significant changes included the electric loss of power sale to College Station with a net revenue of 51.4 million; a reduction in the TMPA rate with a total net reduction to Denton of $1.35 million; 40 million additional KWH sales next year with a net increase of $Boo,ooo to $900,000; converting University Drive to an underground line with a capital cost of $1.2 million; holding the rates steady for the next five years with a proposal to lower the rates to mid-sized commercial customers to a 3.93 reduction in 1996; the use of reserves after the year 2000 to pay expected higher TMPA rates. Water - Items of significance included the elimination of the Water Director position) setting aside $100,000 to paint the water tower in 19971 a proposed rate increase of approximately 2%; modest rate increases of 2.53 to 53 over the next five years to prepare for the r additional $2.1 million/ year for the Lake Ray Roberts debt service payments and prepare for the new Ray Roberts water plant in 2003 to 2005; a proposed water tower in southwest Denton with a total cost of $3.5 million with $1.16 million funded from bond funds in 1996. Wastewg er - the Wastewater Department owed the Electric Department. $5 million and it was proposed to repay the Electric Department $1 million in 1996 vs. the $500,000 in 1995 to have it repaid by the year 20001 a wastewater treatment plant addition would be needed by 1 the year 2000; the budget proposed a rate increase of 23; the rate increase strategy over the years consisted of 23 to 43 to the year 2000 to provide for a wastewater plant addition; repair the three Hickory Creek sewer line crossings for $400,000; major sewer line bond projects in 1996 included the relocating of the sewer line on University Drive for $816,000 and Cooper Creek Line repair. Solid Waste - construction of the new landfill by 1997 was a major goal for the Solid Waste Department for the coming fiscal year. Also included in the goals was the development of recycling programs, an intermediate processing center in 1998, ramping rates ' i to accommodate the costs of the landfill by 1997 and 1998. The dumpster rates would also be revised. s r. r O • ca 0 City of Denton City council Minutes au r, August 8, 1995 .r Page 14 Economic Development Funding - the total funding proposed for economic development within all utility departments was $178,250, f The base funding for the Denton Chamber partnership program was l $85,000 with challenge funding of $28,250 with the other four utilities in the City. The internal City economic development off ice would receive $10,000, the North Texas Commission membership was $5,000 for a total economic development package of $128,000 which was the equivalent of 1/8th of 1$ of the gross revenues of the electric, water, wastewater and solid waste departments. The Public Utilities Board recommended funding the Denton Awareness advertising program at $50,000, The following were the rate changes which were programmed into the proposed budget; Electric - 0% increase except for a 3.9% decrease for small commercial customers. Water - 2% increase on retail and a 2.4$ increase on wholesale. Wastewater - 2% increase on retail and a 2.1% increase wholesale. Solid waste - 8.3% increase on residential or an increase from $12.00 to $13.00/month; a 9.1$ increase in commercial with a 12$ increase on dumpsters, 2$ on open top, 4.1% compactor, and landfill from $6.00 to $7.00 for city customers. The average residential utility bill increase would be $2.01 or 1.5%. t Council Member Young asked if tho $100,000 was just to paint one water tower, Nelson replied correct. I Council Member. Young asked to allow students to prepare the design when the time came to paint the water towers. • Nelson stated that it cost $60-100,000 more to paint designs on the ;I water towers. The $600,000 total cost did not paint any designs on the tower. Regarding the utility billing system $300,000 was budgeted in the Electric Department's special services budget to help pay for a new customer information system which was in addition to the $35,000 in the Customer Service budget. That would not pay for a complete system and it might take two years to ® implement such a system. Electric - Jim Harder, Director of Electric Utility, stated that when the budget was prepared, it was uncertain about what would h&ppen with the TMPA rate to the City. The budget was prepared based upon the rate staying the same. TMPA decided to drop the rate • a, 0 City of Denton City Council Minutes August 8, 1995 Page 15 idr v by $1.25 per KW. The balance of revenue did not reflect the 3,9% reduction in the small commercial rate. On the expenditure side, the load would be increased by 47 million KW hours which added approximately $900,000 to the expenses. Production expenses would 111 increase by $600,000. The overhead and underground services would increase due to the $1,9 million capital project for University t Drive, operation and dispatch would be a separate division for those expenses. Substations would increase $107,000 due to new substation breakers which were replaced at two substations. Customer information would be adding a new position of a full-time administrative assistant to assist with a quarterly newsletter for the new customer packet, The demand management reduction was due to an analysis of several programs which indicated that the net payback was not as much as hoped. Communication was adding a part- time clerk. The Administration budget was increasing due to the partial funding of a customer information system, an administrative transfer for City Hall renovation and the chamber of commerce economic development effort, Water - Howard Martin, Director of Environmental services, stated that the Water Department would increase its budget for the next year of $331,000. The Water Administration budget would have a decrease as the position of Director of Water Operations and Engineering had been deleted with Martin's salary being split among three budgets. A dispatcher would be transferred to the Electric Dispatching operation and it was proposed to reclassify the Financial Analyst to a Rate Administrator. There were increased expenses due to the Lillian Miller pipeline payment to the Upper Trinity Regional Water Distract, There was also approximately $15,000 included in this budget for economic development, In the Water Production budget there would be an increase from $5,2 million to $5.4 million due to the higher Ray Roberts water supply costs and higher well demolition costs, The services budget included $90,000 for well demolition that would be expended out of a reserve account that had been set up for this purpose. The supply budget increases were due to higher chemical prices and 1 treatment volumes. Water Distribution increases were due to the s transfer of vehicles into Water Field Services from Wastewater • Field Services. The services budget increases were due to higher 1 i motor pool payments for vehicle replacement. Water metering would 4 have a higher maintenance budget due to higher warehouse materials expense, Highlights of the Water Engineering budget included a Senior Engir.ser position which would be added to work at Denton i West for "One Stop Shopping"; the Manager of Construction Project position was transferred in from the solid waste Department; • Special services were increased for a Hansen Workorder Maintenance System in Water; and additional Special Service funds were added k • • for a water distribution system model conversion to cybernet program. The Water Lab would experience increased maintenance costs due to the purchase of a maintenance agreement for the Atom r Absorption spectrometer. Miscellaneous transfers included $200,000 t • City of Denton City Council Minutes lpcntlat?o.__ v._~_. August 8, 1995 Page 16 from the Water Department to the Wastewater Department for the treatment of water plant sledges. The Electric Operation had always done the meter reading and this year $238,000 would be transferred to the electric operation for meter reading. City Manager Harrell stated that there was a dollar amount programmed into the budget this year for the impact fee study. There was a like amount in sewer and water to do the engineering work for the impact fees. Last year during the budget process, it was decided to wait until the outcome of the Vision Project, in the next month Council would be considering the contract, to obligate those funds. Council Member Cott felt that all funds for Vision were going to go through the General Fund, be part of a bond issue or not get funded until next year, City Manager Harrell stated that last year during the budget deliberations, council placed $100,000 in the budget fccr engineering work with front end studies to be done and the Council to decide whether to proceed with the impact fees. staff delayed bringing the proposal forward for formal contractual approval until the first stage of the Vision project was done. That had now been completed and therefore, a decision the Council made a year ago would now come to Council for contractual compliance. Council Member Cott stated that he had a problem with anything which went after the budget was approved because then the budget would not have any integrity. Council Member Miller stated that Council approved this last year and could have gone ahead with the study but decided to wait until the Vision process was completed. Vision did not drive this issue. This was something the Council decided to do. Council Member Cutt stated that the individuals connected with the Vision project were not elected and the Council was elected to watch the money for the citizens of Denton. As long as the Vision project came through before the Council decided on the budget, he might not have a problem with it. If it came in after the budget was finalized, he would have a problem with that process. Council Member Young stated that there was a problem with East Prairie Strbet sewer lines and asked if there was any money to kix that problem. • Martin replied that there was no specific capital programs for East • Prairie between Morrison Milling and Bradshaw. He could look though the Capital Program to see if there might be some funds to do such a program. • • City of Denton city council Minutes Ornda Flo - August S, 1995 Page 17 l t Wastewater - Martin stated that there was a personnel change in the r, Wastewater Administration budget to include one third of his salary in this department. one reclassification was proposed to change an F Administrative Assistant II to a Financial Analyst. The budget also included funding for economic development. The Wastewater Treatment Plant supply expenses were increased due to higher chemical costs with the services budget increased due to special services expenses for the clean out of the secondary anaerobic digester. Fixed assets were increased due to the upgrade of two lift stations. The Wastewater collection budget was increased due to the service provided by the Engineering and Transportation Departments. Added motor pool expenses would also increase this budget with the purchase of a flushing truck. Wastewater Engineering had an Engineering Technician II position added for technical support to other divisions. The Wastewater Lab had an increase in personal services due to the addition of a new Laboratory Supervisor position. The maintenance budget increased to support a maintenance contract on the Atomic Absorption Spectrometer. Industrial Pretreatment had an increase in services due to the cost necessary to cover the analytical testing for six additional landfill monitoring wells. There would be a transfer of $1 million to the Electric Department to help reduce the $5 million debt. Additional transfers would be made to the Electric Department for meter reads, turn one and turn offs. Solid Waste - Martin indicated that the Superintendent of Solid Waste was transferred into this budget from the Residential Division and reclassified at one grade higher. The Administrative Secretary position was reclassified to a Senior Secretary. Also, funding for the Director of Environmental Services was decreased from one-half to one-third. In the Residential Division, the personal services was decreased because the Superintendent of Solid Waste was transferred to the administrative budget. Service costs increased due to higher motor pool payments for vehicles and equipment in 1995 and 1996. The Commercial Division reflected a service budget increase due to higher motor pool payments for vehicle replacements. The Landfill budget personal services category had a decrease because the Manager of Construction • Projects position was transferred to the Water Engineering Division. The services budget increased due to the purchase of a used scraper vehicle. The proposed budget for recycling increased due primarily to the new or expanded cardboard processing, woodwaste grinding and other new Solid Waste Master Plan programs. A majority of the inorease was reflected in the services area and i related to motor pool payments for vehicles and equipment. The • budget also reflected the addition of a temporary Maintenance Worker II position. • • Council Member Krueger asked about the increase in the solid waste recycling budget. ,r t r q Auvda No City of Denton City council minutes h~enda Item August 8, 1995 Page 18 Martin replied that it included three packages for cardboard processing with associated revenues, an upsizing of the current grinder for woodwaste and various elements of Master Plan. $75,000 of the Master Plan was incorporated into the residential collection budget for curbside containers. Not all of the Master Plan money was recycling. Council Member Krueger asked how much of the increase was for the cardboard processing, the upsizing, etc. Martin replied that the cardboard expense was $56,000, the upsizing of the wood grinder was $61,000, and the Master Plan was $2500000. Council Member Krueger stated that when the different configurations for curbside pickup was discussed at the Planning session, it was mentioned that staff was exploring partnership possibilities with the priv&te sector. Martin stated that the following day he would be meeting with a private entity to discuss a proposal they submitted to the city regarding this issue. Staff had had conversations with two different companies and had visited the facility of a third company. All of these firms had been sent copies of the Master Plan and were aware of what the city was trying to accomplish. Council Member Krueger asked if this could be a key to increased revenue with such a partnership. Martin replied yes. The City could benefit from a firm's processing and marketing experience and they could benefit from the City's collection experience, Earl Crews, Budget Rate Analyst, presented the proposed utility rates and the methodology for calculation. Fleet Services - Jack Jarvis, Fleet Superintendent, stated that this department provided vehicle services for all the equipment within the City. This department was an internally funded r operation and the proposed budget for the next fiscal year was approximately the same as last year. With no further business, the meeting was adjourned at 10:40 p,m. JENNIFER WALTERS BOB CASTLEBERRY CITY SECRETARY MAYOR • • CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS ACC002AC s r;> G r I f ` DENTON i ~~Qp000 0000 O 000 o o0 0 0 ° o 4p~Q ~ N , ~ ~~pU ~aao~aaQo CITY COUNCIL r • e ,I. I'1 . ~ I Apmndrt item . Dd.1 CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (8 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager DATEi November 7, 1995 SUSJECTt Request from Mark Knabe of 4K Productions for an Exception to the Noise ordinance for 5-Alive Bullriding at the North Texas Fairgrounds on Sunday, November 19, 1995, From 2100 p.m. until 600 p.m. BACKGROUND Mark Knabe of 4K Productions has requested that the City Council grant an exception to the noise ordinance for the use of the public address system at the North Texas Fairgrounds on Sundays November 19, 1995, from 2100 p.m, until 6100 p.m. (Attachment 1). The purpose of this exception is for the organization to put on a 19 year old and under bullrlding series, The finals for the series will be conducted during the requested exception. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10100 p.m, Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make ! exceptions when the public interest is served, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTEDt Area Residents. r Fiscal Impacts None. 'Dedkated to Qualify Sen1u" E~ r t p l~ rrlr, hun xC Please advise if I can provide additional informiiomr-- RESPECTFULLY SUBMITTED: V1 _ Loyd V. Harrell City Manager Prepared By: c Veronica S. Rolen Administrative Assistant II Approved Byr oseph ortugal Assistant to the City anager Attachments) 1. Letter from Mark Knabe 2. Noise Ordinance 5 a • Y~, f'e ~i,r. reET ,v i,r14 Ei t~:w{rr T, AT ACHYIENT 1. 1606 7 7Jn , ^)Oorh lfar r y d 6n _°.~T Via, `11 lnQh _19. _dwa~m, Zj . 3 0 W 0 ATTACHMENT 2 Chapter 20 NUISANCES0 Art, 1, In General, 44 241-2430 Art. 11, Abandoned Property, 11 2031-20.70 Div, L Generally, if 20.31-20.40 Div, 2. Motor Vehicles, 40 20.41-20.70 P Art, III, Graces and Weeds, 412471--2673 s k ARTICLE I. IN GENERAL Sec, 20.1. Noise. gal it shall be unlawful for any person to make or cause any unreasonably loud, dls- turbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. ib) It shall be unlawlW for any person to make or cause any noise of such character, intensity and continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities, cl The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: 11 The playing of any phonograph, television, r-Aic or any musical instrument in such manner or with such volume, particularly between the hours of 10;00 p.m. and 7,00 a,m„ as to annoy or disturb the quiet, comfort or repose of persona of oriinary sen• iibilitles in any dwelling, hotel or other type or residence; i 2) The use of any stationary loudspeaker, aumpWler or musical instrument in such manner , or with such volume as to annoy or disturb persons of ordinary eensiblllties in the immedlato vicinity thereof, particularly between the hours of 10,00 p.m, and 7,00 a.m., or the operation o1 such loudspeaker, amptifler or musical instrument at any time on Sunday; provided, however, that the city cotuxit may make etceptions upon I t; appikation when the public interest wilhbe served thereby; • (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a wsTaing of danger, (4) The erection, excavation, demolition. alteration or repair work on any building at any time other than between the hours of 7:00 am. and 8.30 p,ta., Monday through • 'Crass reforaao w-1'rotaclad migratory bird roosh declared nuisance, 1647; Inspection • • and abatement warrants, 119-86 at asq,; insect and rodent control in mobile home and rec. j reational vehicle parks, 1 32,91, Supp. Ne. i 1389 i • d DJ G3 O w 1 1Cue 4 20.1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such work at other hours in sae of urgent neauity end in the interest of pubUc safety and convenience; (6) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con• tainers; 16) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of uoiso to any performance, show, theatre, motion picture house, was of merchandise or display which causes crowds or people to block or congrepte upon the sidewalks or streets near or adjacent thereto. (Code 1966, 44 1420, 1421) Croy reference-Animal noise, 16-26. Sea. 20.2. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably nondous, unpleaunt or strong odor which causes material distress, discomfort or injury to persons of ordinary senAbillties in the immediate vicinity thereof (b) It shall be unlawful for any person to create or cause any odor, stench or amell of such character, strength or continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following arts or coaditlons, among others, in declared to be odor nuiw►ea in violation of this Code, but such enumeration shall not be deemed to be excluder (1) Offensive odors from cow lots, hog pens, fowl coops and other aimiw places where animals are kept or fed which disturb the comfort and repose o persons of he sensibilitlac (2) Offensive odors Ibom privies and other similes place; (3) Offensive odon from the use or possession of chemicals or from industrial process" or activities whleb disturb the comfort and rapoo of persons of rdinary sensibilities; (4) Offensive odors lltwm smoke from the burning of hub, rubbish, rubber, chemicals or other things or wbstaoosa; • I6} Offenaive odors &am sup-at pools allowed to remain on any promises or from ratting garbap, refuse, offal or dead animals on any premises. (Code 18016, If 14-2111,14-23) Sea 20.3, Garbys, trash sed rabbiah ay{sanoea-Glessnsrakly, (s) Storing or heong garbage, hash and rubbish. The storing er kasping of any and all gD stacks, heaps or Pilo of old lumber, reka, J" old am at machinery or parts thereof, • O garbage, trash, rubbish, swap malarial, ruins, demolished or partly demolished stsucturesr buildings, piles e4 stoma, bricks or broken rocks on any promises bordwing any ptiblic street 8upp. No. 1 1390 • O f . r DENTON oooao~oaoooa , O D °°Oo p0 00 pb ti o D VG ~ o d o © o ( p ) d D~0 r ~ cpp0 0 No IV a~aaaoooo r CITY , COUNCIL { r . • Aand~ N0. ApMfb~ ltiA1 Orf CRY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Maizager SUBJECT: Hold a public hearing and consider an ordinance to rezone 4.09 acres from the Light Industrlal'(LI) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Kerley and Scott In the Wlllowcreek Addition. RECOMMENDATION: i The Planning and Zoning Commission recommends approval of the rezoning (6-0). SUMMA See Planning and Zoning Commission Report { BACKGROUND: See Planning and Zoning Commisslon Report, PR99HAMS, DEPARTMENTS OR GROUPS AFFECTED; Not applicable, F_LSCAL IMPACT: None. Respectful submitted: • LI d Harrell City Manager 1 i' t ,I A Vt Apo a. Ap * bw DO Prepared by: Wafter E. eaves, r. Urban Planner Approved; Frank Robb! , AICP Director Planning and Development Attachment tit. Planning and Zoning Commission Report. Attachment ii2: Ordinance, Attachment M3: Minutes of the October 11, 1995, P & Z meeting, b 1 , 10 • C 1 , r, ~ i ~ t t lH"C u~ Agenda Na Agenda Hem part _ PLANNING AND ZONING COMMISSION Case #Z-95-024 October 11, 1995 GENERAL, INFORMATION Applicant: Planning & Zoning Commission Initla ed at the request of: Mr. Lou Kraft Kraft Construction Current Owner: NA Action: Requesting rezoning from the Light Industrial (LI) zoning district to the Single Family 7 zoning district, Location: Around the Intersection of Kerley and Scott (Attachment 1). Surrounding Zoning & Land Use: North: Single family residential subdivision in SF-7 zoning district, South: Light Industrial land uses in the LI zoning district. East: Light Industrial land uses In the LI zuning district, West: Scattered single family residential development In the SF-7 zoning district. Denton Development Plan: Low Intensity Area #52 (129% allocated). SPECIAL INFORMATION No special Information. BACKGROUND I The request was generated by Mr. Lou Kraft, Kraft Construction, who was Interested In purchasing several vacant lots In this subdivision and constructing single family residences. These lots are In the Light Industrial (LI) zoning district in which single family development Is not allowed. The property was platted at a time when the City's zoning ordinance allowed single family development and uses in the LI zoning dlstrich. The Ordinance was amended in 1985 to no longer allow single family uses In the LI zoning district, with a "sunset provision for issuing building permits for homes of December 31, 1988. Mr. Kraft asked that the Planning and Zoning Commission consider Initiating a rezoning of the area of this subdlvislon within the LI zoning district. This request was presented to the Commission on September 13, 1995, and the Commission agreed to initiate a rezoning from LI to SF-7, and further wal red the fee. . e NOTICE Twenty-}our (24) notifications were mailed on September 29, 1995. As of the time of preparation of this report, seven replies were received, six of which were In favor and one was of no opinion on the request. ~1 1 1 ••y 1 1 I 1 1, ' t 1 I i t I. 0 . 1 , t Ap rAl No. Agenda Item Y ! Date _ ANAL Intensity The proposal Is to rezone 4109 acres of the Willowcreek Subdivision from ft Ught Industrial (U) zoning district, to the Single Family 7 (SF-7) zoning disuict• The overall Intensity allocation for the property Is 245 Intensity trips (4.09 acres x 80 Vd/ga). The proposed Intensity on a gross acreage basis is 172 Intensity trips (4.09 x 42 Vd/ga). This is far below the maximum allowed buy the Denton Development Plan and meets the Plan's policy on Intensity. Concentration The Denton Development Plan policy regarding concentration of nonresidential uses In low Intensity areas is met by this proposal. Separation The Denton Development Plan policy regarding the half mile separation between non residential uses in low Intensity areas is met by this proposal RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6 0}I ALTERNATIVES 1, Recommend another zoning district of combination of zoning dlstricts. 2. Recommend application with conditions. 3. Recommend denial of the application. 4. Postpone consideration. ATTACHMENTS 1. Location map. _s i 1 I, t . & I y t, j• ~ , 5 1 a F., •~1, f Y r i Q TOM +~7i1 ~I~ aihm•_ ■ r ■ ■ ® Date I ■ t3 ' or • s1~ • • 'f- - - - _ MCDOWD @~ p ' ST49M cm ~ N lm if" li w' ~ • rte... i • - sir" IIIff / _ • Z-95031 AP96 No. AagM0 Item flats. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (L'I) ZONINC DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.09 ACRES OF LAND LOCATED IN THE WILLOWCREEK ADDITION ON THE NORTH SIDE OF KERLEY STREET NEAR ITS INTERSECTION WITH SCOTT STREET, PROVIDING FOR A PENALTY '[N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Planning and Zoning Commission initiated a change in zoning, at the request of Lou Kraft, for 4.09 acres of land from the Light Industrial (LI) zoning district classification and use designation to the Single Family 7 (SF-7) zoning district classification and use designation, and WHEREAS, on October 11, 1995, the Planning and Zoning Commis- sion recommended approval of the requested change in zoni,ngj and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Planj NOW, THEREFORE I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-J. That the zoning district classification and use designation of the 4.09 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Tight Industrial (LI) zoning district classifi- cation and use designation to the Single Family 7 (SF-7) zoning district classification and use designation undo- the comprehensive zoning ordinance of the City of Denton, Texas, • SECTION II. That the City's official zoning map is amended to show the change in zoning district classification, SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding • $2,000,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, • SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 4 i e ' s't t: 1- V _ I ; ':penda No published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the _ day of 1995. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAI, FORM: HERBERT L, PROUTY, CITY ATTORNEY BYi i . III 1 • a i PAGE 2 ;i d i) 2<"~rsf7t~i J~~4j l~I`~(a.J aj~, r r FXHIBI'I"'A" AgendaND Agenda item TRACT 1 pee, ALL that certain lot, tract or parcel of land lying and Icing situated in the City and County of Denton, State of Texas in the W, Teague Survey, Abstract Nuntlxr 1266, and being all of Lots l and 2 and pan of Lot 3, Block l and part of Lot I. Block 2 and all of Lots I through 3 and part of tots 4 and 5, Block 3 and all of Lots I through 5, and all of Lots 8 through 14 and part of Lots 6 and 7, Block 4 in the Willowcreek Addition,Section 1, an addition to the City of Denton, as recorded in Cabinet J, Page 100, Plat Records, Denton County, Texas,and being more particularly discribed as follows: BEGINNING at a point being the most northerly southwest corner of Shady Oaks Industrial Park, an addition to the City of Denton , Texas, recorded in Cabinet A, Page 22, P,R.D.C.T, and same being the southeast comer of said Willowcreek Addition, Section 1, and being on the north right-of-way line of Kerley Street; THENCE North 59' 15' West a distance of 481.63 feel for a point for a comm THENCE along a curve to the left, which has a radius of 2010.0 feet, a delta angle of 5' 45', a chord be ring of South 30' 45' West , and a chord distance of 201.63 feel, to a point for a co:ncr; THENCE North 00' 59' fast a distance of 82.08 feet to a point for a corner; THENCE South 89' 33' 30" fast a distance of 670.44 feet to a point for a corner; THENCE South 10' 48' West a distance of 424.98 feel to the POINT OF BEGINNING and containing 3.71 acres of land. TRACT 2 ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the W. Teague Survey, Abstract Number 1266 and being part of tots 19 and 20, Block 5, j Section 2, in the Willowcreek Addition, an addition to the City of Denton as recorded in Cabinet D, Page 169 Plat Records, Menton County, 'T'exas, and being part of Lots 21 and 22, Block 5, Section 2, in the Willowcreek Addition, an addition to the City of Denton as recorded in Cabinet J. Page 119, P.R,D,C.T. ~I and being more particularly discribed as follows: COMMENCING at a point being the most northerly southwest comer of Shady Oaks industrial Park, recorded in Cabinet A, Page 22, RR.D.C.T. and same being the southeast corner of said Willowcreek Addition, Phasel, and being on the north right-of-way line of Kerley Street; THENCE North 10' 48' East a distance of 429.34 feet to a point for a corner; '111E.NCE South 77' 18' East a distance of 20.22 feet to the POINT OF BEGINNING; THENCE? South 89' 33' 30" East a distance of 393,17 feel to a point for a corner, said point being the southwest corner of Lot 18, Block 5, Section 2, of said Willowcreek Addition; THENCE South 2' 48' West a distance of 84.74 feet to a point for a corner; THENCE North 77' 18' West a distance of 398,78 feel to the POINT OF BEGINNING and containing 0.38 acres of land. ca • P&Z Minutes 031C...__....- - October It, 1995 Page 11 Reconvene at 7,34 p.m. Ms, Russell: Commissioners I am told that one appropriate thing to do would be to table this until our next meeting. Mr. Powell: I move that we table this until our next meeting. Ms. Schertz: IT second. Ms, Russell; All in favor of the motion please raise your right hand. Opposed same sign. Approved. (6.0) This will come back to our next meeting and could we put that as the first item. N. Hold a public lawring Mad eoW&r a rozonlag of 4.09 wm in the , Will"W"k _ Addition from; the SM %dustriol (I.I) zooms dimict to he sinjie,Pia4.7 (SP•7} Min dltfi, 'iris subf 0ot property ii fpcated "af the intamotian of Karltxy wO Soot, (~-95-024) Mr. Reeves: This item I discussed with you about a month ago. This was platted in the early 70s and the zoning at that time allowed for cumulative zoning. In 1985 the zoning ordinance was amended and it did not allow for single family housing in Light Industrial zoning. Mr. Lou Kraft would like to purchase some of these lots and build single family houses on it. There are still vacant lots for which no building permit can be issued. The existing homes cannot expand because that would be expanding a non conforming use, We sent out twenty-four notices and we have received six replies, five were in favor. There is no intensity problem with this rezoning and staff recommends approval of this rezoning. Ms. Flemming: What is the proposed square footage for the houses? Mr. Reeves: I do not have that information. Mr. Moreno; Is there access to Tomas Rivera School from this area? Mr. Reeves: They will probably be walking across the property to get to the school. • Ms. Russell: Would the petitioner care to speak? • • Mr. Lou Kraft: My name is Lou Kraft and I live at 1933 Laurelwood, I appreciate the city doing the rezoning. The houses for the lots on the corner will probably be in the • 4per„ia rJO P&Z Minutes ua~e~ p` October 11, 1995 Page 12 t s area of 900 to 1000 square feet. If we can't sell them then we will probably rent them. We have a good reputation. Ms. Flemming: Will these be compatible with the existing homes in the neighborhood? Mr. Kraft: I would like to use more brick but they will be single family, and there will be bigger houses on Kerley. I am impressed with the neighborhood. ` Ms. Russell: Any other questions of Mr. Kraft? Is there anyone that would like to speak in favor of the petition? Would anyone like to speak In opposition to the petition. We will close the public hearing. Ms. Schertz: I would like to note that 1 am familiar with Mr. Kraft's houses and I think this will be an asset, I move that we approve the rezoning from bight Industrial to Single Family-7 for Z-95-024, Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor please rare your right hand, Opposed same sign. Approved. (6-0) V. Cuadall Addition, a Hold a public hearing and consider rezoning 1.173 acres from the Agricultural (A) zoning district to the Single Family-7 (SF-7) zoning district. The subject property is located around the intersection of Riney and Windsor, and has frontage on both streets. (Z-95.023) Mr. Reeves: This is another fairly easy rezoning request. The property Is currently in the Agricultural district which requires at least one acre, They are looking to rezone • to the SF-7 zoning district. There is no intensity problem with this and density and concentration are not factors. We sent out fifteen notices and we have received two replies, one in favor and one in opposition. There is only one reply in the folder now but we did receive two replies, Staff recommends approval, Ms, Russell: Would the petitioner care to speak? Mr. Jerald Yensan: My name is Jerry Yensan and I am here to answer any questions that you might have, t i k r o 0 0 r A t I DENTON 0zV0a000oooo oo°~ °0o C C~ ~ Q Q O 0 OOO ~ ~ O0~ °~aac~o a anon°° 0 COUNCIL 0 r CITY r r > I -'~i 1 e 1 + i i I -03 o~ DAT CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. ;carrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 1.173 acres from the Agrlcpjltural (A) zoning district to the Single Famliy 7 (SF-7) zoning district on property located around the Intersection of Windsor and Riney RECOMMENDATIOW, The Planning and Zoning Commission recommends approval of the rezoning SUMMARY: See Planning and Zoning Commisslon Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMIIENTS QR GHQUP$ AFFECTED: Not applicable, FISCAL IMPACT: a None. r' >i Respectful ubmitted; { Loyd Harrell y City Manager I I t f . r ) F riijFlr4 S i~ Fdj Preparedby: Nit Walter L, Reeves, Jr. Urban Planner Approved: i ' Xxf I' Frank R s, AICP i Director I Planning ahd Development I~ f Attachment #1; Planning and Zoning Commission Report, Attachment #2: Ordinance. Attachment #3: Minutes of the October 11, 1995, P & Z meeting. ~ • jj rs 4c 9i I • • _ d4 Agenda 1NJ. ,1. [t Agenda Bem_-...----»-• A DENTON PLANNING AND ZONING COMMISSIC M70AY-- Case #Z-95.023 November 7, 1996 , GENERAL INFORMATION Applicant: Landmark Surveyors, Inc, 4238 1-35N t Denton, TX 76205 E Current Owner: Steven Cundail 4017 Atlas Denton, TX 76201 Action: Requesting rezoning from the Agricultural (A) zoning district to thf, Single Family 7 zoning district. Location: Around the northeast corner of Riney and Windsor (Attachment 1). Surrounding Zoning & Land Use: North: Vacant, agriculturally zoned land. South: Single family residences, SF-7 zoned land. East: Single family residence, agriculturally zoned land, West: Vacant, agriculturally zoned land, S-180, YMCA, J Denton Development Plan: Low Intensity Area #20 (73% allocated), SPECIAL INFORMATION The property will have to be platted before development can take place. The specific public Improvements that would be made will be addressed at the time of platting. There is a sixteen (16) inch water line along both Windsor and Riney, and an eight (8) inch sewer line Windsor. Sidewalks, right-of-way, and perimeter laving will be required along Riney. BACKGROUND # The subject property was last owned by the Seventh Day Adventists who has since sold all the property It owned piecemeal without platting the property as required by the City's Subdivision and Land Regulations, or preparing the required General Development Plan a (GDP). The GDP and the preliminary plat were both approved by the Commission on October 11, 1995. The final plat cannot be approved until the zoning change Is completed because it currently does not conform to ordinance requirements, If the • zoning change Is approved, the plat will be reviewed by the Commission on November • • 8, 1995. The subject property is located around the intersection of Riney and Windsor with frontage on both streets. k 1 / A ! 1.. Agenda NO Ageodaltem_ - d,OTICE pate Fifteen (15) notifications were malted on September 29, and it was in opposition, Intensity The proposal is to rezone 1,173 acres of from the Agricultural (A) zoning district, to the Single Family 7 (SF-7) zoning district, The overall Intensity allocation for the property Is 70 intensity trips (1.17'3 acres x 60 Vd/ga), The proposed intensity on a gross acreage basis Is 49 Intensity trips (1.173 x 42 t/d/ga), This is far below the maximum allowed buy the Denton Development Plan and meets the Plan's policy on Intensity. Concentration The Demon Development Plan policy regarding concentration of nonresidential uses In low Intensity areas lu met by this proposal. Separation The Denton Developmem plan policy regarding the half mile separation betw'sen non residential uses In low Intensity areas Is met by this proposal RECOMMENDATION The Planning and Zoning Commission recommends approval of this request ALTERNATIVES 1. Recommend anoMer zoning district of combination of zoning districts, 2. Recommend appiicatlon with condftions, 3. Recommend denial of the application. 4. Postpone consideration. ATTACHMENTS Location map. 2. Zoning exhibit. i r3 r 11 1'1 1 t` M . ' AOerda Ilo,. ~ 7erda NOR u ATTACHMENT J ~ Dior C y ~ J ' tNlp Vax' Q SITE Appl \ lomrs No I W Q > ~ l laenw,n. I J Y fu W f HAGCARO lN. ~ TIN 1 ~ r "M rONCT, ` f~aeoirce J C Loo.tIon &~Ap a • G~ • Agenda No 1.~enga Ilrn ~ fY \ 1e-- _ _ . ~I- f 0 ~ t • • \ ~ I VA WINDSOR I + NOR7NR1DaE - d e m~ IL • • oil 57 It it i s MAGNOLA • o • CA) • ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFI- CATION AND USE DESIGNATION FOR 1.173 ACRES OF LAND LOCATED ON THE NORTH SIDE OF WINDSOR DRIVE, AND THE EAST SIDE OF RINEY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Steven Cundall has applied for a change in zoning for 1.173 acres of land from the Agricultural (A) zoning district classification and use designation to the Single Family 7 (SF-7) zoning district classification and use designation; and WHEREAS, on October 11, 1995, the Planning and Zoning Commis lion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the zoning district classification and use designation of the 1.173 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Single Family 7 (SF-7) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. • SECTION Iy. That this ordinance shall become effective fcur- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Recoil-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. /I PASSED AND APPROVED this the day of. , 1995. C F BOB CASTLEBERRY, MAYOR I 1 1 1 1 ` R Agenda No Agenda Item Dale ATTEST: JENNIFER WALTERS, CITY SECRETARY BY• APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i q J PAGE 2 3 n 1 • 03 • FIELD NOTES 1.173 ACRES Fonda uen,,_ BEING all that certain lot, tract or parcel of land situated In the N H. Me€s enolmer Survey Abstract Number 810, in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Ana Pena to Texas Conference Assiclation of Seventh-Day Adventists, recorded In Volume 2614, Page 845, Real Property Records, Denton County, Texas, and being more particularly described as follows; BEGINNING at an Iron rod found for corner in the north line of Windsor Drive, a public roadway having a right-of-way of 60.0 feet, sold point being the southwest comer of that certain tract of land conveyed by deed from W.C. Parker to Malvin R. Dane, recorded In Volume 511, Page 596, Denton County, Texas; THENCE 5 89' 30'004 W. 43.74 feet with said north fine of said Windsor Drive to an iron rod set for corner, said point being the southeast corner bf Lot 2, of Carolisa Subdivision, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded In Cabinet F, Page 35, Plat Records, Denton County, Texas; THENCE NORTH, 98,49 feet wfth the east line of said Lot 2 to an Iron rod set for corner; THENCE WEST, 109.80 feet with the north Ifne of said Lot 2 to a fence comer for corner, said point being the southeast corner of that certain tract of land conveyed by deed from C,C. Smith to Patrick E. Parker, recorded on March 7, 1873, Deed Records, Denton County, Texas; THENCE N 00' 48' 50" W, 98,88 feet with the east line of said Parker tract to a fence corner for corner; a THENCE S 88' 55' 15" W. 139.4Zfeet with the north line of said Parker tract to an Iron rod set for comer In Riney Road, a public roadway; THENCE N 01' 15'00" W, 108,07 feet w}th sold Riney Road to on iron rod set for • corner, said point being the southwest corner of that certain tract of land conveyed by deed from Ana Pena to David A. Coggin, Trustee, recorded In Volume 1811, Page 320, Real Property Records, Denton County, Texas; THENCE N 89' 49'44" E, 297.97 feet with the south line of said Coggin tract to an Iron rod found for corner, said point being the northwest comer of said Dane ® tract; ~ ~ • • THENCE S 00' 14' 41" W. 301.09 feet with the west line of said Dane tract to the PLACE OF BEGINNING and containing 1,173 acres of land. • o I • I c,, 0 ittenda Igo agenda Daft _ P&Z Minutes October 11, 1995 Page. 12 area of 900 to 1000 square feet. If we can't sell them then we will probably rent them. We have a good reputation. Ms. Flemming: Will these be compatible with the existing homes In the neighborhood? Mr, Kraft I would like to use more brick but they will be single family, and there will be bigger houses on Kerley. I am impressed with the neighborhood. Ms, Russell: Any other questions of Mr. Kraft? Is there anyone that would like to speak in favor of the petition? Would anyone like to speak in opposition to the petition. We will close the public hearing, Ms. Schertz: I would like to note that I am familiar with Mr, Kraft's houses and I think this will be an asset, I move that we approve the rezoning from Light Industrial to Single Family-7 for Z-95.024, Mr. Cochran: I'll second. ! Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6.0) r'V, Cundall Addition. rG Hold a pubfi4 bet,* ;W oojWder rezo" 1,173 acres from the Agricultural (A) zCG* dfltttfct,to the Sfdya lritbdly4 {V1a~71 s =~i>sal pt; , ' t:t ;pe it l6c•ted 'ar`ound the intersection of Riney and windsor and has 66n4a`o ooh r' streets. (Z95-023) Mr. Reeves: This is another fairly easy rezoning request, The property is currently is • the Agricultural district which requires at least one acre, They are looking to rezone to the SF-7 zoning district. There is no intensity problem with this and density and concentration are not factors, We sent out fifteen notices and we have received two replies, one in favor and one in opposition. There is only one reply in the folder now but we did receive two replies, Staff recommends approval. • Ms. Russell: Would the petitioner care to speak? Mr, Jerald Yensan, My name is Jerry Yensan and I am here to answer any questions that you might have. Aaendt No Agenda item. P&Z Minutes Dare October 11, 1995 Page 13 Ms. Russell: Is there anyone that would like to speak in favor of the petition? Mrs. Melvin Dane: My name is Mrs. Melvin Dane and I live at 620 W. Windsor and I welcome a new neighbor. Ms. Russell: Anyone to speak in favor of the petition? Anyone to speak in opposition to the petition? The second letter has been found and has been circulated among the commissioners. We will close the public hearing. Does staff have any closing remarks? Mr. Reeves: This will go to the City Council on Nov. 7th, Mr. Cochran: I move that we approve this request for rezoning from Agricultural to Single Family-7 for case Z-95.023. Mr. Moreno: I'll second. 1 Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (6.0) b. Consider the General Development Plan of about 5 acres located east of Riney, between Windsor and U.S. 77. The general development plan is for the purpose of platting 1.173 acres into the Cundall Addition. Mr. Reeves: This is a staff prepared general development plan, The reason for a GDP is that when it is part of a larger tract then you can either do a preliminary plat or you can do a general development plan. The property at one time was owned by the Seventh Day Adventist. The Cundall's bought land that was not properly subdivided. The document that you have on your desk now Is the correct general development plan. DRC recommends approval, Ms. Schertz: Did staff draw up the general development plan? Ms. Reeves: It was drawn up by the engineering staff with input from the staff. Ms. Russell: Any questions? Mr. Powell: 1 move that we approve the general development plan. Mr. Cochran: I'll second. • hgen8a NO 1•genda lu.m.._ P&Z Minutes uati October 11, 1995 _.._.w_.__.... Page 14 Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) c. Consider the preliminary plat of the Cundall Addition. The subject property is located at the intersection of Riney and Windsor, and is currently in the Agricultur- al (A) zoning district. Mr, Reeves: This is the preliminary plat of the Cundall Addition. There are some public improvements involved with this plat. 't'hese will be sidewalks and perimeter paving required along Riney Road and some right-of-way will also need to be dedicated along Riney Road. There are no interior streets and water is available from both Riney Road and Windsor Drive, DRC recommends approval, Mr. Cochran: I move approval of the preliminary plat of the Cundall Addition. Ms. Schertz: I'll second. j i Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) V1. Villas of Piney Creek. a. Consider the final plat of the Villas of Piney Creek, Phase 1. The subject property is located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard in PD-6. Mr. Reeves: This is the final plat. The Commission has previously approved the detail plan. The final plat does not correspond with the detail plan. The applicant will be submitting a revised detail plan that will correspond to this final plat. This will be a • minor amendment that Mr. Robbins can approve and then bring to you. DRC recommends approval. Ms. Russell: Are there any questions? Ms, Schertz: I move that we approve the final plat for the Villas of Piney Creek, A Phase 1. Ms. Flemming: I'll second, Ms. Russell: Any discussion? All in favor of the motion please raise your right hand, 'r 0 0 • 0 1 DENTON oo~a0oaao~aooo g~31ti > ° a o o o ~ o °oao Q N, ~ o000 aoaaoaaoo ® CIff CO UNCIL 1 Q r Ap~Ga uo. :iLt APWI lam CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: November 7, 1995 SUBJECT: Specific Use Permit application for Colonial Lodge of Denton. Located on the east side of Bernard Street. RECOMMENDATION: See attached report, SUMMARY; See attached report, BACKGROUND; See attached report, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Planning & Development Department. FISCAL IMPACT; None, RESPECTFUL Y SUBMITTED; s Lloyd V. Harrell, City Manager Prepared by: 0, Owen Yost, ASL.4 r Urban Planner llc « A ; , f r .Ar, . City Council Report j Page 2 \penda rlo Approved; Date & H. Robbins, AIC Director of Planning ark! Development ATTACHMENT; 1. P&'L Report. 2. Ordinance, AX1iMW • i . 1 j, At 1 ' 1 ~~1 ~ e 1 . : r 11i l t.~, l ~r~) }1' 4ilYl~~~f t~l~ i~ S] • n REPORT lisle To; Mayor and members of the City Council Case No.: Z-96.027 Meeting Date: November 7, 1996 GENERAL INFORMATION Applicant: Charles Daniels 3629 High Vista Drive Dallas, TX 76234 Current Owner: Cumberland Presbyterian Childrens Home 1304 Bernard St. Denton, TX 76202 (to be purchased by Colonial Lodge upon platting) Requested Action: Approve a Specific Use Permit, and Its accompanying site plan, allowing a land use of a 36,900 sq. ft. retirement Inn, Locatlon and Size: The 4,611-acre tract is located on the east side of Bernard St., approximately 760 ft. south of Collins, and immediately north of the Ramsgate Apartments. Surrounding Land Use and Zoning: North - SF-7 zoning and single family residential land use. Also, undeveloped Planned Development zoning imuiti-family use), South - Planned Development No, 60, occupied by the Ramsgate Apartments. East Undeveloped Single-Family-7 zoning. West - The right-of-way of Bernard St, across from which Is an institutional use (Cumberland Presbyterian Childrens Home) allowed by S.U.P. No, 167, Denton Development Plan. Moderate Intensity area No. 119, which is 76°k allocated. ~ ~ • ca ijudo 170 „ SPECIAL INFORMATION Planning & Development: In order to be granted a Specific Use Permit, the applicant's site plan must satisfactorily reflect adherence to the seven conditions listed In the Zoning Ordinance (Sec. 36-112), and In your back-up material (Att. 3) Engineering & Transportation; The existing street (Bernard St.) is satisfactory. A concfete sidewalk will be constructed along the site's frontage. The appropriate Conditions for Approval are thus satisfied. , Drainage; The applicant proposes to install a 30" storm drainage pipe at the rear property line, and construct a detention pond on site. This system Is adequate to handle oxpected runoff. Landscaping: Landscaping shown on the site plan complies with Condition No. 7. Although not part of the plan, the applicant will voluntarily plant additional plant material in working toward an appropriate buff-ryard, i Utilities: 1 Lighting and utility plans comply with Nos. 3 and 6 of the Conditions for Approval. HISTORY - The property is currently zoned Single-Family-7, and has been since City Council adoption of the 1969 zoning map. • NOTIFICATION: Notices of the Commission's public hearing were mailed to all 9 property owners within 200 ft. of the site. At this writing, one negative, written reply has been received. In addition, two positive telephone calls have been received. Also, notice of tonight's meeting was published in the Donton Record-Chronicle. ANALYSIS • • • - _ 1 The property has been classified for purpose of analysis as "institutional" rather than "multi. family" since a retirement home does not have many of the characteristics of a multi-famlly p 0 • m 1.. development. In fact, the average age of the residents Is about 84~gears Cofisequeny ew have cars or throw parties. Residents place little demand on public facilities, as opposed to the typical apartment, In a moderate intensity area, uses are allocated up to 350 Intensity trips per acre. But the proposal only requires 1291,6 Intensity trips (35 x 36,9), less than the site's allocation of 1578.8 intensity trips (4.511 x 360), The Denton Development Plan has policies supporting the diversity of land use and housing, The Colonial Lodge proposal, in the opinion of the Commission, satisfies these policies. Utilization of left-out lots Is another concern of the Denton Development Plan IDDP►. Left-out lots include areas that development has "skipped over", In which most infrastructure is already in place. Certainly this lot is P left-out lot, and Colonial Lodge's permit satisfies that DDP policy, RECOMMENDATION__ In light of the fact that the proposal requires fewer Intensity trips than it Is allowed to have, and it complies with the seven conditions for approval, the Commission recommends approval of the Specific Use Permit and the accompanying site plan. ALTERNATIVES 1. Approve application 2. Approve application with conditions 3. Deny application 4. Postpone 6. Table ATTACHMENTS 1 . Location map. 2. Site plan. • 3. S,U,P, criteria. 4. P&Z minutes, 5. Ordinance, fil ~ • ~ - auxoo3~i l • II • -geu4a 11em,.__._ r ATTACHMENT 1 Ilale_ M __JI t )HLII_~J LluuL-n ~ Ell EAGLE O DD ~ SITE F uoscr a WILLU*WUOO r T L N • UY ~ i Y ~ N PA VIN lacatiea map 1` ?3 FI i y -w ' ~i¢ + 10VlR IIN Ir IIlI IHw' F rt k t , w is- I - ]W'x HIIM HAI IH H' HY41eil'YeM'OI SPCCI~IC U`~ f'~<iMlt ~ ~ 5111 ttM I AU ( _ y~c~y,j5 3 t rtiRn wl ^ 5Zl.,,~5 c."Ir ItWalf 1"1169- it'l IAAlvMl116MTT(l !L_ __.T LC INtIX.NfG Aglf lO/I51JIl;RM n P - IM, 1ONr.1;1'LVM n m Al PM MAIM tmlxm ND IRD/d Ora 1 11 M: 14f A51R97 lY<nkOAMAS 611WOM 5 • M111,16 'Clot UYD q! M' kl%10 rnr R IS M!I Owr ~s >1H1 R IR KMt 11t1 (r. f1 YAYn 11 w p ICR NNrw MS . AIN 1() 11" IWA 4111 rA641 Y1141111 IQ`, IRIM~+1M 1' nrr, 01 A9 n 111IM MO - pAvWF MS S!/1l..AGRD ftM*A"IAMfftNWKV(cw.msnxt VONIIY&W DM,aa1H M'MNOWMf YIfJtN 517RN Q h.IK llltWi74M0lMAI NIfO Y/iMM RplHIS NDSL1! ~~~1 WMIIS lrU fAWOO MM7t IMA?CM LW C" LryS/~{ WVW RV:_.... n lm4w AIOHI'1 rl' Auft 511mm /I1{ MIM* A(1%N5i 9 nMM fAl(IA WMXA f!MM cl w~ R601 CAP "W. rlift" OEM 15 APPIT Wit( Af4 NIA51Q MMAAM A NR 70111 r va„llhertAnN+w^ao5oyi MWON 95112'N • ATTACHMENT 3 lgenda lio 4 35110 DENTON COD! hate,- _ crease density, change traffic patterns or result in any Increase In external impact on adjacent properties or neighborhoods. Ord. No, 69.1, § I;App. B, Art. 10I). 1.14,69; Ord. No. 81.103, § f, 11.3.81; Ord. No. 8492, § t, 724.84; Ord. No. 9533, 1, 2, 2.19.851 „ Sec, 35.111, Public hearings, The notification and public hearing process for a specirtc use permit or revocations thereof shall be the same as for zoning amendments under section 35-7. Ord. No. 69-1. § I,App. B, Art, lOD , 114.69; Ord. No. 81-103. § 1, 11.381; Ord, No. 84.92, § I, 7.24.84; Ord. No. 85.33, 1, 2, 2.19.851 Sec, 35.112. Condltlons for approval. A specific use permit shell be issued only if all of the following conditions have been found I That the specific use will be compatible with and not injurious to the use and enjoy. ment of other property nor significantly diminish or impair property values within the immediate vicinity; 2 That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; S 3 That adequate utilities, access roads, drainage and other necessary supporting facib V (ties have been or will be provided; 4 The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; I 5 That adequate iuisance prevention measures have been or will be taken to prevent j or control offensive odor, fumes, dust, noise and vibration; 6 That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and That there is sufficient landscaping and screening to ensure harmony and compati• bility -,ith adjacent property. Ord. No. 69.1, § I App. B, Art, 10E,, 1.14.69; Ord. No, 81.103, § I, 11.3.81; Ord. No. 8492, § 1. 724.64; Ord. No. 85.33, 1, 2, 2-19.85. • See. 35113. Additional conditions, in auth-:rizing a specific use permit, the planning and zoning commission may recommend and the city council may impede additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a specific use permit t: valid • Ord \ i. 69.1, § t App. B, Art 10F 1,14.69; Ord. No. 81.103. § 1, 11.3.81; Ord. No. 84.92.3 • • i. 7-24.S4. Ord. No 653.3. 1. 2, 2.19.85 _:pp 2534 • O 1 • Q • ATTACHMENT 4 tt m' P&'I. Minutes October 25, 1995 Page 7 7IV. Hold a public hearing and consider the Specific Use Permit application of the proposed "retirement inn", Colonial Lodge. The 4.511 acre site is located on the east side of Bernard Street approximately 750 feet south of Collins Street. Ms. Russell opened the public hearing. Mr. Yost: This is the Colonial Lodge of Denton and this is for a specific use permit To the south is the Ramsgate Apartments, and in the back is single family land that is basically undevelopable because of the topography. On page 86 there are seven conditions that must be met to approve this. The existing streets are satisfactory and the applicant is proposing a sidewalk along Bernard. There will be a detention pond that is shown on the site. There were nine notices sent out and we received one reply, The reply is in opposition and there was no reason given, Out of curiosity I called the gentleman and asked him why he was in opposition. He was not in opposition to the land use, he was in opposition because the applicant did not buy his property, The applicant has talked to the neighbors and shown them the site plan. There is a similar facility that the applicant built in McKinney Across the street is the Cumberland Presbyterian Children's Home which we feel is a compatible use. Ms. Fiemmw;: Did you say that this will be similar to the one in McKinney? 1 Mr. Yost, Yes it will be similar, it will not be the same size. Mr. Robbins: 'A',, are not approving the type of materials, the color of the building, or its a architecture. Mr. Yost; For purposes of analysis this property was called institutional rather than multi- family. It is multi-family but it was felt that the nature of the residents doesn't comply with the typical multi-family development. This area that it is in is moderate intensity area • and it is allowed three hundred and fifty intensity trips per acre. This particular development requires 1,291.5 intensity trips which is less than what allocated to the development. Actually it is 82% of the total allocation for this site. The proposal before you does comply with the seven conditions and DRC recommends approval. Ms. Russell: Would the petitioner care to speak, Mr. Charles Daniels: My name is Charles Daniels and I live at 3529 High Vista Drive in • • + Dallas. Just to give you a little bit of background of what we have planned here, there is also another facility in Greenville, Texas that is very similar to the McKinney facility. They were sister projects as this is also. We are proposing a little bit larger facility here i • 0 • 0 P&'L Minutes October 25, 1995 Page 8 - in Denton because the demographics seem to he much better. There is a higher growth rate and you also lack any type of facility exactly like what we are proposing. We are proposing a sixty-Iwo unit living facility for senior citizens that need minimal care. The facility is going to be very elegant, comfortable environment, with many services and amenities included in one fee to the tenants. 11 will not be for someone who needs continuing nursing care. We don't accept people who are not ambulatory when they come in. The definition of assisted living is kind of a new term that seems to be changing very drastically through out the United States, A simple way of thinking of it is that it is a step above a retirement center, but a step below a skilled nursing facility, There is a great need for that in all of our communities for this because a lot of people have not had these kinds of options in the past and it is a growing trend through out the country, This facility will not be government assisted, [hey are for private paying occupants, There are waiting lists on our other facilities, there is a forty person waiting list on our fifty unit facility in McKinney. I am not sure how long the waiting list is for the facility in Greenville, but I know there is a list. It includes services and amenities for one monthly fee, the services include housekeeping, linen service, laundry facilities, a barber and a beauty shop. Transportation is provided on a regular basis. The residents are allowed a car but very few people drive. The average occupant is eighty-four years old and roughly seventy-five percent of our occupants are female. There is a licensed nurse on staff. We are proposing to be a Class A licensed assisted living facility. There are two or three different I classifications of that, as a Class A ours would entail assistance with sur h things as helping with meals, medication, transportation, bathing, and other type things, You create a situation that is called ageing in place so people can stay here longer. We serve three meals a day, seven days a week. There are intercoms, emergency calls in all the rooms. We have a nutritionist on staff. We feel that this will be a positive addition to the community. This will be a one story building with thirty-six thousand square feet, We have discussed the seniors working with the children's home across the street. We talked to all of our neighbors and they all seemed very enthusiastic. o Mr, Powell: Will this property pay ad valorem taxes? Mr. Daniels: Yes Ms. Schertz; What is the average size of the units and what is the average rent? o Mr. Daniels; The average unit size is going to Ir pproximately three hundred and fifty square feet. The rent will be somewhere in the thirteen hundred dollar range and that includes all of the services. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak 0 0 • a> i, J J I I~ I j t LIA P&'I. Minutes October 25, 1995 Page 9 in opposition to the petition? We will close the public hearing. Mr. Cochran: I move that the approve the specific use permit for the Colonial Lodge of Denton located on 4.511 acres. Mr. Jones: I'll second. Ms. Flemming: Why are we seeing a Specific Use Permit instead of a zoning change? Mr. Robbins: Specific Use Permits, you have three kinds of usage. There is a table of permitted uses that are by right uses and then you just get a building permit, then there is a list of uses twat are in the Specific Use Permit category for each of the zoning districts. In this zoning district that the property is currently located in allows this kind of use if a Specific Use Permit for it can be approved, Then there are the prohibited uses where you can't do anything that is not permitted or an SUP use. The theory is that with the permitted uses, all of those uses are compatible with each other. Specific Use Permit, the theory is that there may be a problem with this use and it may not be compatible with all of the other uses allowed in that district, but if you show us the details, site plan Is required, and a set of criteria, and you find that those are met, then you can recommend approval of the SUR It is exactly the same process as a rezoning but it technically is not a rezoning. It runs with the land unless there is some condition otherwise. Mr. Moreno: There is no discussion about bufferyards for this case but there is a discussion for our next case, why is that? Mr. Yost: There are two options for screening between adjoining uses, The option that is outlined in the ordinance is what is shown on the site plan, trees and shrubs. In the past we have by policy asked for bufferyards. This is an option for the applicant • Ms. Russell: Will there he anything right next to this property? Mr. Yost: To the north is a single family house and to the south is a planned development for apartments that are in place. Mr. Powell left at 6:33 p.m. • Ms. Russell Any further discussion? All in favor of the motion please raise your right 0 • hand. Opposed same sign. Approved. (6-0) e w ATTACHMENT 5 e„ r 4zn Oat( ORDINANCE NO, AN ORDINANCE OF THE CITY OF DEWON, T9XAS, APPROVING A SPECIFIC USE PERMIT ALLGWING THE OPERATION OF A RETIREMENT CENTER ON A 4,511 ACRE TRAC^ OF LAND LOCATED ON THE EAST SIDE OF BERNARD STREET, APPROY.IMATELY 750 FEET SOUTH OF COLLINS RO),D; PROVIDING FOR A PENALTY IN THE MAXIMUM ;+MOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Charles Daniels has applied for approval of a i specific use permit to allow the operation of a retirement community on a 4.511 acre tract of land located on the east side of Bernard Street, approximately 750 feet south of Collins road; and WHEREAS, on October 25, 1995, the Planning and Zoning Commis- sion recommended approval of the specific use permit; and WHEREAS, the City Council finds that the operation and maintenance of such a use will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I, That a specific use permit is hereby approved, authorizing the operation of a retirement community on 4,511 acres of land located east of Bernard Street, approximately 750 feet aouth of Collins Road, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION III. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of 1995. BOB CASTLEBERRY, MAYOR c, t ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM+ MRBEIiT L. PROUTY, CITY ATTORNEY BY: a • i r PAGE 2 '4t FIELD NOTES 4.611 ACRES WOO all that certain lot, tract or pared of %M s&*md in the A*xwodw Hill Survey Abstract Number 623, in the City and County of Denton, Texas, being o pert of OV certain (called) 4 314 we tract of lard conveyed by deed from arks. Kate Russ to Boord'Of Ministerial Relief of the Cumberland Presbyterian Church recorded In Volume 343, Page 358 Deed Records, Denton County, Texas, and being more particularly described as follows: IIEciINNING at an Iron rod set for corner in Bernard Streit, a public roadway, said point being the sout*vost corner of that certain (called) 2.25 acre tract of land conveyed by deed ham Joe Barns ID Jose G, Irlas, recorded in Volume 516, Pape 104, Deed Records, Donlon County, Texas; THE A E S 89' 36' 51" E, 800.00 fool with the south fine of said has bad to an Won rod se! 4-1 caner in the west k* of !flat c~ brad of land conveyed by dead from Denton 377113 Mrd Venture to BNI C. Payne recorded In Volume 60, Paps 974, Deed Records, Denton County, Texas; THENCE S 00. 21'4r E, 324,99 feet an bon rod found for occupied norlheast corner of that oerwin (calved) 9.137 acre trect.ot land conveyed by deed !tom Joe A. Below to Wanda K Below recorded in Volume 2229, Pape 993, Roil Property Records, Denton County, Texas; THENCE S 89" 54'0'r W. 589.98 (W with said occupied north Nno of said Below trod to a PK nail set for corner in sold Bernard Street: THENCE N 00" 21' 47" W. 330.06 feet with said Street to the PLACE OF BEGINNING and containing 4,511 acres of land. • ,<l . I DENTON oaQOooaooooaoo oo°~ 4°°o ~ o d 0 0 t; p Q 0 d ~ DOO ~ ~ ~ Op0 a ~OQ TO N ~ ~`~QDO °°oQOaooao~~°° i CITY COUNCIL a, s_ Q DATE: ovem , CITY COUNCIL REPORT FORMAT 1'0; Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT; RECEIVE A REPORT AND CONSIDER APPROVAL OF AN ANNEXATION SCHEDULE WITH REGARD TO THE PROPOSED ANNEXATION AND ZONING OF (1) A 11.34 ACRE TRACT LOCATED FAST OF MAYHILL ROAD AND NORTH OF BLAUG ROAD (2) A 21.62 ACRE TRACT DESCRIBED AS FORRESTRIDGE SECTION 11 AND (3) A 34.78 ACRES TRACT LOCATED IN THE CLEAR ZONE SOU 141 OF THE EXISTING RUNWAY IN THE VICINITY OF THT- DENfON MUNICIPAL AIRPORT. (A-69, A-70, AND A-71) EC.QMMENDATION: (I) The Planning and Zoning Commission has recommended approval of the Mayhill Road annexation (A-69) and is scheduled to consider the Forrestridge (A-70) and Airport (A-71) annexations at a later date and make a formal recommendation to City Council. (2) Staff recommends approval of the annexation schedule. ~.Uj~141iARY: (1) The City is proposing to annex a 11.34 acre tract located east of Mayhill Road north of Blagg Road as shown on site map included in attachment 91. Section 34-35 of the Code of Ordinances requires city staff to assess on a case-by-case basis, the annexation of areas located in the extraterritorial.jud sd let ion (ETJ) when significant developments are proposed, occurring or likely to occur in the near future. Staff initiated an annexation study following the development ofa 23,200 square feet warehouse/office on a 2.36 acre tract being lot 1, Block A of the Rife Addition. Planning and "Zoning Commission considered the findings on October 11, 1995 and directed staff to proceed with the proposed annexation. (See • attachment 92) The tract is to be zoned Agriculture "A" zoning district classification at the time of annexation. (A-69) (2) Lodge Construction Company has petitioned the City to annex and zone a 21.62 acre tract described as the Estates of Forrestridge Section 11 and shown on site map included in attachment #3. The owners have also petitions:.' the City to zone the tract "SF-16" zoning A district classification to accommodate single family residential development. (A-70) r (3) 'The City also proposes to annex a 34.78 acre tract located in the clear zone, south of the existing runway in the vicinity of the Denton Municipal Airport. The site is shown on map included in attachment N4. The entire tract is owned by the City of Denton and is being used Page 1 ca • Ipenda No, l,yenda Item for clear zone for the existing runway. 'Be tract will be zoned a '"4ure "A" zoning :stn ict - classiftcation upon annexation. (A-71) BACKGROUND: (1) The City repaved Mayhill Road in 1994 and currently has responsibility for maintenance. Existing water and waste water lines are located on the south east comer of Mayhill Road and University Drive. An existing lift station is located at Audra Lane and Mayhill Road, The construction of a 23,200 square feet warehouse/office facility will generate increased traffic volumes on Mayhill Road, There are six single family homes and a mobile home located in the area. 11 is intended that all existing development will be annexed and zoned Agriculture "A" zoning district classification. Annexation will ensure that all future development complies with policies of the Denton Development Plan and ordinances of the City of Denton. (2) City Council approved a preliminary Plot for Forrestridge Section 11 in March, 1992 showing 44 single family lots. The proposed single family development with 16,00-0 square feet lot size is consistent with the policies of the Denton Development Plan. 3) The clear zone is intended to protect the approaches to the runway and may not be used for the development of buildings and other structures. The Local Govemment Code requires that the City hold a series of public hearings in order to complete the annexation process. The schedule included in attachment 45 sets the date, time and place for City Council meetings and public hearings. i~ PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: J All city service departments including Utilities, Engineering, Planning and Development, Dire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library. FISCAh IMPACT: (1) The taxable values of personal and real property on the MayhilVBlagg site is $1,205,822 • with an estimated city tax henefil of about $6,500 based on the 1995 tax rate. The City of Denton will provide municipal services including fire and EMS, police, solid waste collection, animal control, planning and development and library services based on current budgeted resources at no additional cost. Respectfully submitted: oy V. Harrell City Manager Page 2 • 1- p a , Aoki 40. Prepared by: A+ heft Harry N. ersaud, MRTPI, AICP Senior Planner Approved: Frank It. Robbins, AICP Executive Director for Planning and Development Attachment #l: Site map showing area north of Blagg Road and east of Mayhill Road. Attachment #2: P & Z staff report Attachment 0: Site map for the Estates of Forrestridge Section 11 Attachment #4c Site map for 34.78 acres located in the clear zone Attachment #5: Annexation schedule i • • • • Page 3 • 0 • s' ATTACHMENT i Prop rieX on 9) - AOp7~y Np• P}ge i of i - - - A0"I m DO US wP1 377 .i { ca • ATTACHMENT 2 s 7P 0? I!(t Page 'l of 15 STAFF REPORT hJ16 J E TO: Planning and Zoning Commission FROM: Harry N. Persaud, MRTPI, AICP, Senior Planner DATE: October 11, 1995 SUBJECT: Receive a report and give direction to staff with regard to the gropgs9d annexation of a 10A acre tract located east of Mayhlll Road and north of Blagg Road. fA-691 The Annexation Policy of the City of Denton Is Included In Section 34-35 of the Code of Ordinances and requires staff to assess on' case-by-case basis the annexation of areas in the extraterritorial jurlsdlction (ETJ) when significant developments are proposed, occurring or likely to occur In the near future, The following assessment has been conducted in accordance with the current regulations (copy Included in attachment #1) and relates to a 10.4 acreE tract located east of Mayhill Road and north of Stagg Road, (Location map is Included In attachment #2) (1) The annexation study has been Initiated following the development of a 23,200 square feet warehouse/office on a 2.36 acre tract being lot 1, block A of the Rife Addition. (See attachment #3) Sec. 34-35 (b) (2) of the Code of Ordinances list multl-family, Industrial or commercial developments over one acre as a guideline for Initiating an annexation study, (2) The subject tract is located In a low Intensity area and the Denton Development Plan policies will be used in the fu'ure planning and development of the area (3) The City of Denton will provide services equal to those currently being provided to other comparable areas within the city limits, in accordance with a draft schedule and service plan Included In attachment #4. • (4) The reliability, capacity and future public cost, If any of current and planned provisions for community facilities such as roads, drainage, utilities etc. are described as follows: Roads: The City of Denton currently has responsibility for the maintenance • of Mayhill Road. The City repaved Mayhill Road with a 2" overlay • • In 1994, Reconstruction of Mayhill Road from Blagg Road to j University Drive In accordance with city specifications is estimated 1 • O ATTACHMENT 2 Page 2 of 15 e,i3a l `wlii.construct a t9rTdg on r at approximately $100,000. The Mayhill Road at Cooper Creek n 1997, estimated to cost I approximately $300,000. Drainage: There is an unimproved natural channel running through the Rife Addition, If the channel Is not Improved by the developer it will cost the City about $45,000 to install pipe or channel lining. Utilities: There Is an existing 6" water line and an 8" waste water line at Mayhill Road south of University Drive approximately 1000 feet from the tract, An existing lift station Is located at Audra Lane and Mayhill Road. Existing development on this tract are connected to wells and septic tanks, (5) The subject tract is located in a low Intensity area designated primarily for residential development. Existing development comprise of five single family homes and a mobile home. A 23,200 square feet warehouse/office building now occupied by Sally Beauty Supplies, was recently constructed on the tract. Land use and building controls are necessary to protect public safety and to preserve and enhance residential amenities. (6) Impact on City, both current and long range: (a) Fiscal costs and benefits, The taxable values of personal and real property on this tract Is estimated Pt approximately $1,205,822 with an estimated city tax benefit of about $6,500 per year based on the 1995 tax rate. The City of Denton will provide municipal services including fire and EMS, pollee, solid waste collection, animal control, planning and development and library services based on current budgeted resources at no additional cost. (b) Traffic: f The construction of a 20,000 square feet warehouse facility and 3,200 square feet office will result in an Increase in traffic on Mayhill Road currently estimated at 110 trips per day. The traffic generation Include heavy trucks transporting goods to and from the warehouse. (c) Infrastructure Including road, utilities and community facilities: 2 I <1 • • )enda Item ;ends Hem AI TACHMPNT 2 Ole _r_ Page 3 ofM7lihill Road currently has a 23,feetwldi? )S men not suitable for large heavy vehicle traffic. The increase in heavy vehicle traffic on Mayhill Road will result in higher maintenance cost to be met by the City. There are no existing water and waste water lines curently providing services to this tract. City policies require that the land owner/developer pays the full cost of extending water and sewer lines of adequate size to serve their developments. (d) Safety and health: In view of the existing narrow pavement width, the use of large heavy trucks on Mayhill Road poses public safety Issues particularly with regard to large trucks turning In and out of the warehouse site. (e) Building and development quality: It Is expected that this area located In Denton's extraterritorial jurisdiction will be part of the City of Denton at some time In the future. Generally substandard development which falls to meet city specifications cost more to maintain over time and has to be repaired or replaced at city cost when the area Is annexed, Annexation before any major development takes place ensures that proposed future development complies with city specifications. (f) Aesthetic quality: The site Is essentially rural in character and predominantly covered with trees. Preservation of existing vegetation is an important consideration In the future planning and development of the tract, (g) Community character: There are five single family homes, a mobiie home and an office/dlstrlbullon warehouse In the area. The Denton Development Plan shows this site as part of a low Intensity area to be used • primarily for residential development. It Is Intended that all existing development will be annexed and zoned Agriculture W zoning district classification. Annexation will ensure that all future development complies with the Denton Development Plan and the codes and ordinances of the City of Denton. i 3 • O • _ az ATTACHMENT 2 Page 4 of 15 vate~~ _ _ _ ~ (7) Notification; Staff notified property owners that the Planning and Zoning Commission will receive a report and consider making a recommendation to the City Council with regard to the proposed annexation. (S) Recommendation Staff recommends that the City proceed with annexation, (9) Options for P & Z: (a) Move to recommend approval for the Staff to proceed with annexation, (b) Move to recommend denial and direct the staff not to proceed with annexation. (10) Attachments: (1) Annexation policy (2) Location map (3) RHe Addition (4) Draft service plan • 4 • ~Y o k ATTACHMENT 2 Page 5 of 15 rjUBDIVISIQN AND LAND nLrV1tLOPXENT A i r,.. *Am r P W WW W" sib .r W ri V M r..y of laft"M ■wr~. Pr ~+.wa .4Tr ~`'Z Yw.l P Bob" • ra'Wq Y M4wiiPR PP~, ■ e"rm" of 4 Wes, L f aiP "A.A~r « f 0 "Iww pho, W **L , ` ~ir~ A y AA++r W r 1r%* (c) Development plats shall be labeled "Development Plat Addition." for P Moo. 34-35. Auxazation policy. (a) It is the general policy of the City of Denton to assess on a cast-by-case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant developments are proposed occurring, or likely to occur in the near future. + (b) The following are guidelines for determining, when annexation study should be considereds (1) Single family developments over five lots; or (2) Multi-family, industrial or commercial developments over one acre; or m(i3)lAny r area where the density exceeds 500 units per square f or (4) Any development or area that might have a significant impact upon the city, including but not limited to service costs, increased traffic, drainage impact, utility needs or utilization, safety or health haaardo. When any or all of the above conditions exist, city staff shall review the proposed development for the purpose of considering annexation. The review shall also include consideration of the annexation of logical planning arms around the area of initial concern. v (c) Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria shall be considered at a minimum: ; Y (1) The ability of the city to furnish normal city service equal to other comparable areas inside the city lim s its, pater • and sewer system capabilities are considered, but lines for individual areas are normally not the city's financlal rrspon_ sibility. liabil future of)currenteand plalnned provistio+nsor communi~tyltacllities such as roads, drainage, utilities, etc. Private facilities will be • considered. (3) The need and quality of land use and building controls. Private controls will be considered. i Mwr ~rwPr~ vwPir r ~rilY1 Notoo~n 33 y • a 0 ATTACBMENT Z Page 6 Of 15 RUBDIVTsroN AMU LAND DZVLPL4ZNEMT , r P y , gem (4 ) im act on the eit , both current a~'A one Yinye; '-ihaiuali~g f at a minimums a. Fiscal cost and benefits; b. Traffic; c. Infrastructure of roads, utilities and other com- munity facilities; d. Safety or health; e. Building or development quality; f. Aesthetic quality; and g. community character. (5) conformance with or need to ensure conformance with the officially adopted raster plans of the city. Boo. 34-36. Annexation procedures. (a) If, after preliminary study, the criteria described in Section 34-.,5 indicate annexation is appropriate in order to proacte or protect the public interest, the city will initiate formal annex- ation proceedings to consider the annexation question in detail. (b) If a tract of land in the extraterritorial jurisdiction is con- tiguous to the city limits and the owner of said property desires that it be annexed in order to be qualified to receive city ser- vices when available and to be afforded zoning protection, the owner may petition the city for annexation. (c) Study and annexation procedure. (1) based upon guidelines for initiating study, the staff shall initiate a preliminary assessment of the area for possible annexation and present the results to the city council. The city council will review the study results and other information and sake a determination whether or not e formal study and public hearings and annexation proceedings should be initiated. (T) If formal public hearings are initiated, the planning and zoninq commission shall review the annexation study and make a recommendation to thc: city council. ® (3) The city council will then consider all recommendations 0 • and public comment during the prescribed public hearings phase, and make a determination whether or not to initiate formal annexation proceedings. We/ ew«r+w+hs so now miss. nxnern 34 r O • ATTACHMENT 2 1~rndhllo PAGE 7 of 15 P&Z Minutes October 11, 1995 Page 17 Ms. Schertz: I'll second. Mr. Robbins: So you are instructing us to initiate a zoning change? Mr. Powell; Yes, Ms. Schertz: Did you bring this to us because you have someone who Is interested in this property? Mr. Yost: We have a prospective user for part of PD 1. Mr. Powell: There will be a public hearing, notice will be given, and there will be signs put on the property so that anyone can come? Mr. Robbins: Yes, it will be a zoning case Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved, (6-0) X. Consider the preliminary plat of the Lakewood Convenient Addition. The subject property is located on the northwest corner of Ryan and Teasley and is currently in S-140. Mr. Reeves: This is the preliminary plat and you recommended the rezoning to the City Council in September. DRC recommends approval. a Ms. Schertz: I move approval of the preliminary plat of the Lakewood Convenient Addition. Mr. Cochran; I'll second, • Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same j sign. Approved. (6-0) ' XI. Receive a report and give staff direction with regard to the proposed annexation of a 10,4 acre tract located cast of Mayhill Road and north of Blagg Road (A-69). • Mr. Persaud: The Subdivision Regulations require that staff do a study when major • development occurs in the ETJ, We have done the study and we are now proposing annexation of a ten acre tract of land located east of Mayhill Road and north of Blagg Road in the ETJ. Mayhill Road is currently being maintained by the city, For the Rife Addition • O ; • • ATTACFIMENT 2 Page 8 of. 15 P&Z Minutes October 11, 1995 Page 18 i the City Council made a recommendation that they pay twelve thousand dollars for maintenance on Mayhill Road and the city will be doing that work, There was also a drainage issue out there with regzrd to that tract and the City Council granted the variance, There is an existing six inch water line and an eight inch sewer line, Development in this area will continue to use septic systems and well water, On the staff analysis of this project we found that there are six single family homes in this area and one mobile home, Our estimation of the taxable values for personal and real property is approximately 1,2 million dollars. I would like to report some of the services that the city will provide or is currently providing. They currently have police services and garbage collections services, We also currently maintain Mayhill Road. Whatever services that are provided to this arei must be similar to services provided to similar area such as the services on j Jim Christal Road, We are not proposing to annex Blagg Road so It will still be maintained by the county. Staff recommends that we proceed with the annexation. Ms. Schertz: What are you proposing to zone it when it is annexed? Mr. Persaud: it is proposed to be zoned Agricultural. Ms. Schertz: I am certainly in favor of directing staff to proceed with annexation. Ms. Russell: I am curious how the city provides services to people outside the city? Mr. Persaud: I need to check on that to see how it is happening. Ms. Russell: Is there anyone that would like to speak concerning the proposed annexation? Mr. Kathleen Cripten: My flame is Kathleen Cripten and 1 live on Rt. 2. We do get fresh pick up, since the city is across the street we take our garbage across the street to be picked up. Also the police do come out to our area. Cooper Creek Volunteer lire department provides our fire protection. We are in favor of the annexation and we would welcome being part of the City of Dentou. Mr. Powell: Is it safe to say that all of the people have been notified? Has anybody 41 indicated that they were in opposition? Mr. Persaud: i have talked to one gentleman, Mr. Selby, who is not in favor of being e annexed into the city. We will have a public hearing at a later date if you decide to initiate 0 0 the annexation. Ms. Russell: Are there any other questions? • • ATTACHMENT 2 Page 9 of 15 ApMda No.. P&Z Minutes App urm October 11, 1995 Dtt1 Page 19-__ _ Mr. Moreno;" f move that we initiate the annexation of a 10.4 acw tract located east of Mayhill Road and north of Blagg Road. Mr. Powell: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (6-0) XII. Consider making a recommendations to City Council concerning the new zoning ordinance. Mr. Robbins: Staff is planning a work session with the Council in November, Do you want us to indicate to them that the P&Z is comfortable with what has been presented to you to date? Mr, Powell: I would feel comfortable with the MXD, but I would like to go over It item by item and vote on it. In the other places that I have lived you were always able to build single family on property that was zoned other things, Mr. Robbins: There is no urgency and we can delay this if you want to go back and look at it. Mr. Powell: I don't have a problem with the things that we discussed the other night other than the three items that Frank said he would bring back to us. Mr. Robbins: We did away with cumulative zoning in 1985 and 1 haven't found anyone that is allowing that now. Ms, Russell: Do we want to recommend that we postpone that tonight? On Nov. 1st the Vision Greup will be doing their presentation. • (Consensus to delay and go back through it.) Ms. Schertz: We did have outside citizens sitting in on our work session and I would like i their agreement before we approve the MXD. Mr. Cochran, I thought we did that the other night and I thought we discussed it, but 1 • don't think I can remember how we ended the meeting. r Mr. Robbins: We need to get you to fill out another survey for the CIP Blue Ribbon Committee tonight. • 0 • • ATTACHMENT 2 r • Page 10 of 15 pgpnda 110 ~ pars . motto' re f 217 : I od rf t I,LC A4 ' 7 FIFE ADDrnON w a4c K• z7r d _BLAW FOAD • to ATTACHMENT 2 Page 11 of 15 , Bahda No _ f Of Roendia liem, ,r I N fwir!Iw '+ti,~ 64 ' rIfNR Of OC tt+ '•Y~ r K ...n r \04~~ Apo ~ I f St~~G ~ 0 ,ti`b ,J d p, Of CIO R 1 5 M'}}'!Y w 157,45 C.1 J. OIt,' Of NOTE: ' ME OMNI LRY Or OLT F (JW4 CORPORATE APKARS K Of " CEIRER Of FR ! K wr,rdu xoAO J I a I ~ US ~d ~;NNERSIrt' DRtVf , SITES L E- _G E _~J , t7j 9L - Building WbOCK lfne a S f: ! Gi CE -Cemman;telfonf Cefement :L - UnleRine h~&AGO E DR DIE - D"d age Eafement AWM uSNf • DR - Oeea RKOrdf • ® J~ FCP - Fente Camel Ptd iN - rN Hydrant + ''IP - Found I; Y Iron ?tn ''NO - round p - light Pole UH - Manhole LOCATION MAP VON - monument I, . 1000. OH - Owifreod ?P - Pope Pale 'q - Ptdt RKOrdf >;w - Rrgnl or wdy O W N E R-5 4E14Ry RIfC and wile SUZAN RIFE! I, 1 , If, lr! i9Y V • L. ~ I f ATTACHMENT 2 page 12 Of 15 DRAFT SERVICE PLAN (A•69) This draft service plan has been prepared as part of an annexation study with regard to the proposed annexation of a 10.4 acre tract located east of Maybill Road and north of Blagg Road. A. Police Services 1. Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the some level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical Services (EMSa 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation, 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City, C. WaterlWastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 34-118 of the Denton Code of • Ordinances. i Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development In accordance with the City's master utility plan and the Subdivision and Land Development Regulations. e The City may participate in the cost to oversize water and sewer mains r subject to fund availability and approval of the City Council, J Where water or sewer main extensions, lift stations, force mains or other • O • • w i ATTACHMENT 2 Page 13 of 15 r is necessary facilities are installed by the dev~lpor, tU div ~ ' entitled to reimbursement of the cost of such facilities from pro-rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1, Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density Increases to the proper level, solid waste collection shalt be provided to this property In accordance with then current policies of the City as to frequency, charges and so forth. E, Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the snnexatlon. 2. Routine maintenance of streets and roads will begin In the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the City, 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic standards. • 5. Street and road lighting will be installed in the substantially developed areas In accordance with the established policies of the City. E. Environmental Health and, Code,Enforcemlot rvica • 1, Enforcement of the City's environmental health ordinances and regulations r • 0 Including, but not limited to the grass and weed ordinance, garbage and trash 2 0 0 • ea r ,a ;da Item . __.Y ATTACHMENT 7 Page 19 of 15 Oala~ ordinance, junked vehicle ordinance, sign ordi , , animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through :he use of existing personnel 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. b. As development and construction commence within this wren, sufficient personnel will be provided to furnish this area with the some level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Planning and Development Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The tract Is to be zoned Agriculture (A) zoning classification at the time of annexation. 1. Parks and Reg eation Services Residents of the newly annexed area may use all recreation facilities, Including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J. Electrical Distribution • Electrical ower will be made available to the site as • p required, at the same level of service currently being provided to comparable areas within the City. 3 h O 0 • r ATTACHMENT 2 Page 15 of 15 HIM K. Misceilaneoue oats Stmt names and signs will be Installed, if required, approximately six (6) months after the effective date of annexation. Residents of the nrwiy annexed area may use all publicly owned facilities, buildinp or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. L. Capital Improvements Prnmm (CIP) The CIP of the City b prioritised by such policy guidelines acs; 1. Demand for services as compared to other areas will be based on characteristics of topography, land utHirAtion, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIIP improvements in the upcoming CEP plan. This tract will be considered according to the same established criteria as all other areas of the City, • r. ~r • ~ 4', r. i ~,1.!, ~itia 9 + i~f ~y~rs rf;:;1~~R~~Z~ Y~t ,~~~~j~ ~ ,.yY • /.grnda 11em ATTACHMENT 3 Page 1 of 2 DatA_, ____T_ N V \ _ I~NOf3$ON ~ da •j, ~ t UJAW LL CT. l M sell R ~R~aT ~w i` LM L POW ~L ryn ti A ~ f ~ y I I~ RYAN Leeatles Nab ' J) l TR 11 H.S. OSBORNE ATTACHMENT 3 Benda Flo Page 2 of l rA ._yupw3~tt 1t .NAY - 7.7 RAMS . no Oq • 00M - t175. v l1,lOflf . 02. J2' /I oaRO . ln.u' S W40`219 E 642,01' 7 8 6 i 5 4 9 3¢ 2! 2 t - _ t7w Iar.rn~19l9fCqw j 1 1 ----r -Maw I I 1 r 58 I I 11 10 - y I I 1 r d r~ 571 11 1 I '1 I 1~ I 55, 61 59 ~1 c 1~ 1 54 11, 53 . ~MR7N5 BLOCK I IL I . I ! ! aCT 1B 60 i •i '8 52 I . 3 ' 1 1 1 ►I } 61 f. 1 1 5~_ 51 f 1 LiI .11 7 4 BLOCK 'AM 1 1 1~.~~~ I 1 I p I O 1 f 49 48 1 1 S62 6 5 ,w » ' 11 g 1 , J _ 1 1 6 - 1 E 1 lMM Tirvrf, W 471 _-_w 1 1 f I ~a ~ ~ i r ~ - ~Ai - ~ rvsl• 1 I I b4 i9~ 65 i 66 67 68 y 46 1~ , . 1 1 • S BB'47 1' W 51S04' MW I t t L 1 1,,. f f K ! I TRACT IN I w 162 KENNETH KREUDER I TRACT M 69 1 0 I 1 45 STEVE FANtrMO L~ s i 1 ! 1 ' Ixn 1i/ I I! 0 701; ~r4 ; E TRACT 21 I M ACT 20 1 VCNALO F. PULASKI • ,a. J~ I ATTACIMENT 4 Faye i of i ApendaTj 7~~ ~omdi nm 1 _ . _ malt I 91 I ~ SITE _ a 0 tAealle~ ity , !1 • ATTACHMENT 5 Page 1 of 1 Apendaltem~ Date ANNEXATION SCHEDULE A-69. A-70 and A-71 November 7, 1995 City Council sets date, time and place for public hearings. December 22, 1995 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared, January 2, 1995 City Council holds first public hearing, January 5, 1995 Notice published in Denton Record Chronicle for second public hearing. January 16, 1995 City Council holds second public hearing. January 24, 1995 Planning and Zoning Commission makes recommendation, February 6, 1995 City Council institutes annexation. First Reading of Annexation ordinance, February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle, March 19, 1995 Final action by City Council. Second reading and adoption of the Annexation ordinance, • Meetings in bold require 6 out of 7 votes at City Council • o r f DENTON ~~apaa ooop00 o~oo o D 4j~ ~ o00 ~G ~ Q o ~ 0 0 Q ~ 4 q 40 a ~OpO r o No ~ ~ X00 ~~aQ~D adD~~O ITS' CO UNC'IL • r F • AP* MMI of DATE: November 7, 1996 TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Variances to Sec, 34.114 (6) and (17) of the Subdivision & Land Development Regulations [perimeter paving and sidewalk requirements) for Lots 1 and 2, Block A of the Betsy Addition, RECOMMENDATION: The Planning & Zoning Commission recommends unconditlonal approval of both variances. SUMMARY: The owners of 6,003 acres on Biagg Road, Lyndal and Claire Batey, have applied for variances to the regulations which require perimeter paving and sidewalks. Paragraph 6 requires the paving of an existing road on the perimeter of the site, to City standards. In this case, a 24 ft. wide road would be required, constructed with five inches of asphalt over a limed subgrade. The cost of this would be approximately $7,260. Paragraph 17 requires that developers install a 4 ft. wide concrete sidewalk along the affected side of any perimeter street. (Biagg Rd, in this case) The required sidewalk would cost approximately $1,160. BACKGROUND: The Commission determined that these are "exaction variances", An exaction variance must be granted by the Council if It determines that the following • applies; Where the Commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or Is so excessive as to constitute confiscation of the tract to be platted, It may recommend approval of the variance to waive such exactions, so as to prevent such excess, to the City Council, At its meeting, the Commission was pry aented with several options. One of which was granting of the variances on a physical hardship basis - which the Commission (and staff) saw as unapplicable. Another option was the staff recommendation to require that the owners provide a fee equal to the cost of the Improvement, $8,400 {$4,200 • t>t , , . a , i Agenda flo.~ per proposed house) so that Blegg Rd, would be improv cl/,Omd~m It across the subject site's frontage and continuing west to Mayhill. hi¢a1#llar amount, -WRTcfi"" includes both road and sidewalk costs, is less than the cos t}j~58 f~tutredior---w an average single-family house, 86,400, Another option used in previous and similar cases where here has been land sales without platting and a General Development Plan was processed, that the required exaction was attached to the GDP. Whet this means Is that if the Council feels this is the appropriate course of action that the variance would be granted based on "reasonable nexus," but applied to the General Development Plan. The owner of the remainder of the property within the GDP would be responsible for the improvements when other property Inside the GDP developed. Alternatives: 1. Deny variances (Build). 2. Approve the variances because the exaction exceeds reasonable benefit. 3. Grant the variances with the condition that the applicants give the City of Denton the money in Ileu of building the Improvements, 4. Grant variance with the condition that the improvements be made by the actual subdivider (Welborn) when other properties within the general development plan develop (see attachment 3). P&Z recommends option 2. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering & Transportation Dept., users of Blagg Road. FISCAL IMPACT: 88,400 for paving of Blagg Road at some undeterminable time In the future. Respectfully submitted, • 771 i to d V. Harrell, City Manag r i r~ . , 4. • 0 Alitnds No. ANnda No Prepared by, F.1 ifam G. ost, ASLA Urban Ptanner i Approved by, Ail, j G~ ran H. Robbins, CP Director of Planning & Development ATTACHMENTS, 1. Locatlon Map, 2, Reduced Plat. 3. GDP. 4. Variance application. 6. P&Z Minutes. AXXOOBE 3 i n i t ,l % -,'iti 1 1 r} t° ~~i ,~1Ma R•r.t~l1 S; • 40 Agenda flo ATTACHMENT 1 Agenda f181n. Vale e NORTH ,ern. n ANNA L "W"" UL ti SITE .I 1 ~ I (f L•ostlva X& P r • ca • 1. I "Y WN(7RED WSSEr LA t 41cl ANN N(Y CC Al m M 01'OS'SI' W J " _ 1 3k*~ _ ~IOIJ _ q y '„iD WALLACt K eARY ABC _.dI I I J , I y W t."AR7LOU 84 icy ~r ~ MOREAU FORREST SURVEY -k~27~ ° ~ y 17 r~R l7NDA~ eAtty ~ / / r y Y IlI~ CLCAK'S RPROC~7,R0041M1 I i ~~Q, / CDT 2 -"'r j i 1 / 2. 1A AAeRt.J ~I O7.LG.'A ll i ! _ aO.OD• rlYl ! 500'4716•[ 700.7r lT % / BLOCK A % - s., f'a S / ~ 4 i pC59< 'f~Q I ry P ~~#r~l L.-UNIROIOVNn / r~~r N01'OS• W VAS LfN / i 9 QQ Nf i ~ ~ /J ~ 15o LOT 1 j ~ ~ i. i s, ,'b { °E 3.590 ACRES UI T s nr0 a 7sa, d a (j I f WALLACC H RAIER AHD 1~ Wf(, 4ARY LOU RACY / /eCye~ KJ s 10 / lR OA.'0 AKNto IRV51E[ y WAL IEN N ICA, IRV5i[( Jv' /M N VOL W. PO 511 I' W Sp- SuA0.V mo PN.I jRVQ RC s ME) Of TRUST RCC(*DS ~ ~J ~ aRR DENTON COUNTY. ICKAS n ` J~ rnr bt! tJ OASt / ut IER • ~ ~ ~ 9`T 01'0 '7 E SO .00' y~T' z '=w. 1 O < w, h. TON P 1 v I FINAL PLA _ O 1 oeale/oevnorea eve ayoe • - LMAL a,[ t[7 LAWWARK evevnees, eK. LOTS 1 dC 2, BLOCK A C[Ae[ /Att~,,~ At01 N-SS M SATEY Ab01TI0N 15 H71 IAle7 RSAS 11!07 "A „~a~;x,~iiSe el °i~t-1o>r 6.003 ACRES IN THE ,coUNly 1 MOREAU FORREST SURVEY 4 7 'COUNTY DENTON COUNTY, TEXA (SRAPftIC SCALE Try i:ee 1.>te r R t~11ro1[, rt 7 el n11 T!AIU'o al0 1514 7014 Nn dWr (a1/) a1 4 M VICINITY MAP - - - SURVEYORS, INC. FAX (017) •er SCALE f" = 2000' DRAWN NY: __CA SCAR, fe5O' DIRT Of Aur"O' To" 1Ce No »7141 • • ~s son /J f-1 VMS A. LQT r ' LOT I P'RO%IS D A4RICUL IAAL 1IM 000 AND ` / LOV IN NSITY E I CURRENt~ Y UN VCLOPE D` ~ I f l' J Q I ~I /-VELIORN IRAC;- i _ 11 + d / W P. I I I, LIJ DIVISION I n~ { UNDEVCLOAED • / NOTE, NO TRAI IC OL JIA, AIL BLE _ - i i fo, I CITY OF MNTON, TEXAS w-- GENE WILBDRN .M - u..now GENERAL DEVELOPMENT PLAN Now _ I • a a / ATTACHMENT 4 CITY OF DENTON APPLICA'T'ION FOR VARI G4"g631J0 or F SUBDIVISION AND LAUD DEVDLOPN.E IiOULATIONs Name of proposed plat Dr~T /~7pITIJr/ From what article of the subdivision and Land Development Regulations are you request£nq a variance? Ar.D SIDLvwALV 1/1 !Lu✓ ,~lc~ 1-F'ti r~tpr^'1r9,2l~ 5v2JUY ~ ANC Petitioner fl I E r`l~ A N Telephone Address 23 ~~35 r~ city/state/Zip ~♦z T-or-) '~')C ~ t LOS Land Owner L yt'-- 9pr) . (3r~T'(! { Address City/state/Zip 1-*> r-!~~~ 7 6 Z O V° Date R I t o ! 9 _ roe Paid OV Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because cf the particular physical surroundings, shape, or topographical conditions of the specific property involved, a • particular hardship to the owner would result, as a • distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; • 0 • Variance Application Continued Page 2 AgendA Item,_ _ (e) The variance will not in any manner vary the provisions of the Zoning ordinance, Denton Development Plan, Master Plait, or studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner0s or any prior owner's action or omission. c r, If the variance is from an exaction (eg, road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and zoning Commission by the city council. NoTes Request must include the following: \ I. completed application (one per variance). 11. $175.00 fee. III. Copy of proposed plat and location trap, e of Applicant Date • i • ' ..l, , Z r i ~j3' ~~-i • W • ATTACHMENT 5 nP _ P&Z Minutes October 25, 1995 Page 18 b. Consider a variance to Section 34-114(5) concerning perimeter paving standards. Mr. Salmon: Would you like to consider the two variances simultaneously? You could still vote on them separately if you wanted to. Ms. Russell: Yes, c. Consider a variance to Section 34-114(17) concerning sidewalk standards. Mr. Salmon: Jerry Yensan a surveyor representing the owners of the proposed Batey Addition has applied for variances of Section 34-114 paragraphs 5 and 17, being perimeter paving and sidewalks requirements. Paragraph 5 requires that developments along a road that is not constructed to city standards make improvements to that road to city standards. Paragraph 1.7 requires that the applicant construct a sidewalk along the frontage of the perimeter road. We have estimated that for the applicant to construct the road across the frontage to city standards would cost approximately seventy-two hundred and fifty dollars and that the sidewalks would cost approximately twelve hundred dollars. The applicant did not submit any rationale for the variance which might have identified what type of variance they were applying for. I have looked at both tvpes of variances and will leave it up to you as to what type of variance you think it might be. At the end of the presentation we have out lined what your options are concerning these variances. The first type of variance is what we call a physical hardship variance. It involves the five criteria that you all are familiar with, Basically that type of variance can be granted by the Commission if it is found that there is some type of unusual topographic feature on the property that would preclude the applicant from constructing the improvements as the ordinance lays out, In driving out there and looking at the property staff could find no physical reason why the sidewalks or the road improvements could not be done. The second type of variance that you might want to consider is tho exaction variance which again basically is a variance that the Commission can recommend to the- City Council if it is found that the requirements are either confiscatory, or are not in proportion, or do not proportionally address the needs of the development. As you are familiar with, in the City of Denton for an average lot it ' J does cost about fifty-four hundred dollars to build the street in front of that lot and about nine hundred to a thousand dollars to build the sidewalk. We have always been at about fifty-four hundred dollars per lot in recommending variances. In this case the street frontage along Blagg Road is relatively narrow for the two lots and the cost of the actual improvements is somewhat less than the fifty-four hundred dollars per lot that we would normally recommend. In this instance staff is recommending that improvements be made. • 0 The recommendation that we are making is somewhat different than norrttaL Normally we just recommend that the applicant spend fifty-four hundred dollars per lot, in this case it would be eighty-four hundred dollars total, which would be forty-two hundred dollars per F t {5F 0 0 • • nprnAa P&Z Minutes !r October 25, 1995 n u . _ . _ ..........__..e Page 19 f h lot. In this case we are recommending that the money be given to the city to make improvements to the road not only al the frontage of the property but extend those Improvements all the way to Mayhill Road. That seems like it would be a wiser use of money than just doing some paving in front of the applicants property, At this point I would like to out line your options on these variances, The first option would be to deny the variance which means that the applicant would be responsibl; for building the improvements, Number two would br to grant the variance based on F. physical hardship. Number three you could recommend the variance based on reasomble nexus to the City Council. Fourth you could grant the variance with the condition that the applicants give the City of Denton money to make improvements to Blagg Road. Or the fifth possibility Is something that the Commission has done in the past in similar instances is to attach the subject improvements to further development of property inside the general development plan that we considered previously. We have done that on a couple of different occasions with general development plans where property was subdivided without benefit of platting and that is a way of making the original subdivider actually do the work as opposed to the people who bought the property from him. Staff recommends option four, Mr. Cochran: How many houses will he built on these two lots. Mr. Salmon: Two houses. Ms. Flemming: How close is this to Ryan High School? Mr. Salmon: This property is closer to University Drive than to McKinney Street. It is about a half a mile from University Drive. Mr. Moreno: Under option four you are suggesting that the applicant give that amount of money to the city and the city would make the improvements Would those improvements be made immediately or would the city hold it in escrow? • Mr. Salmon: That is correct. We would take that amount of money and make improvements to the road from the proposed plat to Mayhill Road. We would not hold the money for any length of time. We may not he able to do the improvements immediately but we would try to do them within P. month or two, e Mr. Moreno: That would be enough money to make those improvements all the way to Mayhill Road? • Mr. Salmon: I believe we are about fifteen hundred feet or so from Mayhill Road and with that amount of money we can probably do an inch overlay which would take care of • d e Agenda N0.. - - P&Z Minutes Agen October 25, 1995 Date Page 20 surface problems mainly. Mr, Moreno, If the applicant were to make the improvements he would not make the improvements all the way to Mayhill Road, would he? Mr. Salmon: Our standard requirement is that the applicant reconstruct the road to city standards just in front of their lots and that would cost about seventy-two hundred dollars for the road and another eleven hundred dollars for the sidewalk. In option number four as opposed to actually making those sidewalk and street improvements in front of their two lots they would give that amount of money to the city to make improvements to the road from that point to Mayhlll Road, Mr. Cochran: I don't think that there is any reasonable relationship and I think we are asking too much. I would be willing, to grant both variances, Ms. Schertz: What is the surrounding property IIke7 Mr. Salmon: Except for a few homes it is mainly pasture land. Mr, Cochran; I move that we grant the variances on the basis of reasonable nexus. Mr. tones: I'll second. Mr. Drake: I wanted to point that given that there was nothing in the variance application to indicate the basis for the variance and given that the staff did rind that none of the five criteria are met, that would be about the only variance that I would even suggest that you make at this time. I don't believe that you would have any factual basis to support the five criteria, There is nothing on the record to support that, e Ms. Russell: Any further discussion? All in favor of the motion please raise your right hand. Opposed same sign, Approved. (7-0) • 0 e b ; c> a r 1 DENTON qooo 000 4, q Q 0 0 o cz] OOO r ~ p ; oa~a ~ N , ~ o000 ~oaaooaoo s r • CTY COUNCIL • r • • • -d 3 Awnda No. ORDINANCE NO, Ap"dahim 40TAir9f 9A np, ~r 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SEI'Y?CES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City ias 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 ore'inances; 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 O "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items; i BID ITEM NUMBER NO VENDOR AMOUNT 1805 1 TXI EXHIBIT A 1805 2-8,10 REDI-MIX EXHIBIT A 1805 9116 B & B SAND EXHIBIT A 1805 11-15,17-18 MAROCK EXHIBIT A 1805 19-20 CHEMICAL LIME EXHIBIT A 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 ITT. That should the City and persons submitting approved and accepted Items and of the submitted Aids 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. • e • r r • A01nds Ne SECTION IV. That by the acceptance and ap r dal of the above numbered items of the submitted bids, the Ci~t i'tcouncl.I ~ X.. 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 VORM: HERBERT L. PROUTY, CITY ATTORNEY BYt 1 i • r ' t } r EXHIBIT A App Item tem ~iT M' I.DESCRIPTION W: W....~VENOJO ; ----y 1. PORTLAND CEMENT TXI $ 4.50 EA 2. BULK CEMENT-PLANT REDI-MIX $75.00 TN 3. BULK CEMENT-JOB SITE RED]-MIX $75.00 TN 4, READY MIX CONCRETE 5 SACK REDI-MIX $5400 TN 5. READY MIX CONCRETE 1 r6 SACK REDI-MIX $38,60 YD 6. READY MIX CONCRETE 1 SACK REDI-MIX $36.40 YD 7. CONCRETE 3000 PSI 4,5 REDI-MIX $51.50 YD 8. CONCRETE 3000 PSI FLY ASH REDI-MIX $51.50 YD 9. FIELD SAND-BACKFILL B & B SAND $ 3,50 YD 10, PIT SAND-CONCRETE REDI-MIX $ 9.25 TN 11 r MFG SAND-CONCRETE MAROCK $ 7.61 TN 12. AGGREGATE 314 MAROCK $ 6.86 TN 13. AGGREGATE 318 & DOWN MAROCK $ 8.86 TN 14. FLEX BASE MAROCK $ 7.36 TN 15. CRUSHED SVONE(ICE CONTROL) MAROCK $ 7,61 TN 16. SCREENED SAND B & B SAND $ 510 CY 17, LIMESTONE 1 112 MAROCK $ 8.86 TN 18. LIMESTONE RIP-RAP MAROCK $ 9.41 TN 19. HYDRATED LIME CHEMICAL LIME $74.00 TN 20. SLURRY LIME CHEMICAL LIME $89.75 TN e i ,i9i1 1 r ',r 1 pie fe• 1f 1 rf s5 s i A~~nda Item 14?+s'•T ~ 1. NigYEAtIII~A-7, X996- CITY COUNCIL REPORT - TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1805 - CEMENT, LIME & AGGREGATE RECOMMENDATION: We recommend this bid be awarded to the low bidder for each item as listed: ITEM DESCRIPTION VENDOR PRICE 11 PORTLAND CEMENT TXI 4.50 EACH 2. BULK CEMENT-PLANT REDI-MIX 75.00 TN 3. HULK CEMENT-JOB SITE REDI-MIX 75.00 TN 4. READY MIX CONCRETE 5 SACK REDI-MIX 54.00 Y0 5. READY MIX CONCRETE 1.5 SACK REDI-MIX 38.60 Y.D 6. READY MIX CONCRETE 1 SACK REDI-MIX 36.40 YD 7. CONCRETE 3000 PSI 4.5 REDI-MIX 51.50 YD 8. CONCRETE 3000 PSI FLY ASH REDI-MIX 51.50 YD 9. FIl?L1) SAND-BACKFILL B & B SAND 3.50 YD 10. PIT SAND-CONCRETE REDI-MIX 9.25 TN 11. MFG SAND-CONCRETE MAROCK 7.61 TN 12. AGGREGATE 314 MAROCK 8.86 TN 13. AGGREGATE 318 & DOWN MAROCK 8.86 TN 14. FLEX BASE MAROCK 7.36 TN 15. CRUSHED STONE(ICE CONTROL) MAROCK 7.61 TN 16. SCREENED SAND B & B SAND 5,00 CY 17. LIMESTONE 1 112 MAROCK 8,86 TN 18, LIMESTONE RIP-RAP MAROCK 9.41 TN 19. HYDRATED LIME CHEMICAL LIME 74. 00 TN l 20. Sf,URRY LIME CHEMICAL LIME 69.75 TN The estimated annual expenditure for these materials is $760,000.00. SUMMARY: This bid is for annual contracts for cement, premixed concrete, aggregate and lime which will be used by several City of Denton Departments in their field services. Each Item will be ordered as needed In appropriate quantities. These prices will be held firm for one year and will have an option to extend for additional years, if agreed by both parties. Nino bids were recelved in response to twenty two bid packages mailed to vendors. BACKGROUND. Tabeletion Sheet, Memorandum from Jerry Clark. • O I" L { r 1 v CITY COUNCIL REPORT Aoendallern NOVEMBER 7, 1995 PAGE OF 2 PROGRAMS,, ARTMENTSORGROUPSAFFECTED: All City Departments involved in field services, Citizens of Denton. FISCAL IMPACT: Budgeted funds from 1995-96 for maintenance repair and construction or each Department, Respect y submi t Llo} d ,Harrell City Manager }}P-~rrepared by; Name; Denise Harpool Title; Senior Buyer Approved: Name; Tom D. Shaw, C.P.M. Title; Purchasing Agent 657. A68NDA v i w e 1 Ip • 1)I I 1805 At N 4B i CRMBNT, LIMB, A AOORHOATR MAROCK TXI DRNTON RRDI-,MIX VULAN MAN GARY CHEMICAL GIFFORD INC BARD• MATERIALS BAND SIHVRNS LWBCO HILL ACO G RN AT 11 BRfYHMHRM 1"I --._ORAVHI _A PAOBIOPE -ii -VENDOR N NDOR VR DD --VBNDOR YHN bR V N II 4 00 A KS PORTLANDC MRNT PER SACK LOS DRLIVRRBD POCtTY 041 _ IN TRUCKLOAD OUANTITHIS NO BID 14.30 NO RIO NO BID NO BID No BID 140 0113 NO BID NO RIO 3T f~.q BULK PORTLAND CBMRNT 1 1 Il TRUCKLOAD DELIVERNO TO t PLANT No BID 117.25 _ NO BIA _ 317.00 NO BIDNO Bt0 NO DID No BID - NO HID yf 1 {0303 ULKOEMHNT nBLILIVRR BD TO JOB SITE NO BID I034111 Rosin 173 00 NO BID NO BID NO BID NO DID NO ■ID_ { READY NIX CO 046TO '1 706f- 5SACK MIX NO BIU 11540 NO BIU $51.00 Rosin NO BID NO BID NO BID NO BIO 7. Y RD,. S C_U VA1.3 SACK MIX NO BID _ __111,11,73 _ NO H.II_. 130.80 NO BID NO BID_ Nb BID~HOBID _ NO BID a. COMBINED ISACK MIX NO BID 11000 NOBID $30.10 NO BID NO DID No111U NO BID NOBID 7 / -a CU YU J000 P31-417 WRA NO BID _ $SLES_ HO BID bl 00 NO BIDNO BID NO DID NO BID NO BID CO YARD 3000 PSI (VITH PLY ASH 204 MAX - IRK TIMB IF APPLICABL N! _ N(181U (Si t1 NIA _NO BIU •171 SO NU NO Dltl _ No BIDNO DID_ NO SID NO BID YMAI I. LOAD CHARGE IF APk$R,~ _HO BID _N/A NU OIbN/A _NODID NO IIID_ NO BID NO DID NO BID 9A CK ADJUSTMENT I--- PHR SACK NO BIU $1301_140 BID _ 1/1/.10 DOV?'N _ NO BID_ O DID_ _ NO BID _110 BID_ Nb ND ]SECTION B 9. 1000 CY PIBLD SAND -8AC[f ILL,v _17.77 11L70 _!1177 10 Rosin p.J1 17.73 NO BID NO BID ~10_I_10007_N B__ »PIT BAND ~CONCDk~____ 111.30, /lisi "_____lf,7i _ If.iJ NO BID ~____~IIJ7 _",11.{0 NO BlD 30001E } r ' n P M , ii A • I 2,1 f ; rID I._ 1403 O l~ ` BID NAIICNMtlNT, LIMB, E AOOR NATH MAROCK TXI DENTON RBDI-MIX VULAN B B ! GARY CHEMICAL OIPPORU I INC PAND A MATBRIALB RAND WTRVBNII LIMB CO HILL A CO ' OBI G J'I SPPTEMMA 6 )913 GRAVEL ! A0E 2 OP 1 • Y_ u RI IoN _ vH boa- VRNE^ u yBXD4.5! v p~l v »ok- . _ yV_ _VqN9. .SD3?It _ YRNOOx_ SECTION ■ (CON T) I I 'f M kNUPACTURED BAND FOR CONCRBTEWIXTORH _ NO SID,_ 1111_ S1 T 01 CONCRETE AGGREGATE CLASS A 314' -II ROCK (KB.WASHRD AND r SCRHHNHD 1116 Iff/_ 1971 19,1E 117.34 110.13 00 .911 Noel U__ _ If 71 1113 60 T IS AQORHOATH )11' DOWN I` W ROCK 110.61NO BID- 91053 N11 NO SI D10171 19QF1 TY PEA ORAUR I3LNX18Ltl RASE 1'130 _ ____1900 1110 NJ! _ 111.64 _-{0Q ____I{11 NO BID NOBID- INt ) F00 '4 m 1S. 10001N C RUSHRD STONE 01-10(POR ICE A ALT SNOW C ONTROL OP CITY S7 RNLI T) {761 _ 6100 11 S} NO SID {11-M 1111.$1 1105 NO-RIO F 112) y 10 1300 LY I-~ SCREENED _1L2-ll 1u_00 I6J4 NO BIU 673 NO BIb_ NO BIU `L7 200 INS 11/2' ROCK, LIMESTONR(WA011DA PC I16HN8DL 4997• 1916. _-NO B(D $1164 $1007 „29.91 ONIG If_77_ 416 _ l00 TN5 /'-s' RIP RAP I IMHITOHH 99.41 11747_ 09.90 _ NO BID 11732 11043 IU.N NO SID 111.17 19. f 60,0O0CIL11% BULK TYPE A HYDRATED LIMB 114.00f3N INIMUM TRK DULIVRAY._~CILMS NUBID NORIO NO BID NO BID NO BID NOIID 14 INS NO SID AXIMUM TRK DHMVNRY-r,L7LBS -NO 811) _ _ NO BIU_ NO SID No BID _ NO BID_ NO RID 14 INS NO BID X30}00,00 C/I.89 BULK TYPE A9LUIIRY LIME IN.73/TN_ d INIMUM IRK DELIVERY-~ CiLBS NO KID NO RIO NU B)q - NO BID -NO EID_ 0TN NOBID__- IMIIM TRK DELIVHRY~ c7L BS_,_-NOBIU 0 O UID MU SID_-_ NO NID O 81D_ 11 IN__ OBI 'CUSHIONED • 19,70frm ' OR S.N UP POE SAND TARRANT ALT. "64,701 TH . COUNTY U4.75 CY • TRAILER LOAD " ICR CONTROL SAND ALT. s • to c 6aenda Ilemy^ _ r~~ l?atc' CITY of DENTON# TEXAS MUNICIPAL BUI101NG • 215 E, McKINNEY # DENTON, TEXAS 76201 (817) 566.8200 DFW METRO 434.2529 To: Denise Harpool, Senior Buyer From: Jerry Clark, P.E. Subject: Bid #1805, Cement, Lime, and Aggregates Date: October 13, 1995 The Eng4lieering Department has reviewed the bids as per your request, The bids received seem to be generally in line with past bids with a reasonable percentage increase built in. We appreciate your help in getting these items reissued as many of them are very active products for us. Please award the bids to the various companies as per your highlighted spread sheet that was provided to us. Also the specifications for the concrete sand seem to be NTCOG and would be acceptable if a medium quality product is desired. i • i i 1 ' Uedicared to Quality Service" r . c0 F DENTON O,ozoo DOF 000 oo°~ 4,- oo°~ ~0 o0 xa rn t ° o 0 O°o ~ r ~ppp oop o N , ~ 0000 oaaaaoaoa CITY COUNCIL o • AWa No. AW& MM Dw ORDINANCE NO, Y' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF C014TRACTS FOR PUBLIC WORXS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURI. OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements In accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the a lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL, OF THE. CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids; BID NUMBER CONTRACTOR AMOUNT 1794 DnR Construction $570,000.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the perjon submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment honds, and insurance certificate after notification of the award of thn bid. 1 SECTION III. That the City Manager is hereby authorized to execute ail necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating theretc specifying the terms, t! conditions, plans and specifications, standards, quantities and w • specified sums contained therein. SECTION TV. That upon acceptance and approval of the abovi competitive bids and the execution of contracts for the public works and improvemonts as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified In such approved bids and authorized contracts j executed pursuant thereto. - AW46 #0 SECTION V. That this ordinance shall 0 immediately upon Its passage and approval. PASSED AND APPROVED this the _ day of r1995, nOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WELTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • i J 1 • Z ~ t: 1~a f to • P.' NOR 7, 1995 bias CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1794 - CONSTRUCTION OF COMPOST FACILITIES RECOMMENDATION: 1'e recommend this bid be awarded to DBR Construction in the amount of 570,000.00. SUMMARY: This bid Is for the construction of a compost facility at the Wastewater Treatment Plant. The facility consists of approximately 2 acres of pavement, a pre- engineered metal building (100 feet x 400 feet), site excavation, drainage improvements and fencing. This is an unusual bid in that the City set the bid amount at $570,000.00 for all bidders. The lowest and best bid would then be determined by the bidder that could construct the required facilities; le building, fence, site preparation, drainage and provide the largest amount of pavement within the $570,000.00 limit. All bidders deducted pavement from their total bid. DBR Construction is the low bidder having deducted only 3,823 square yards of pavement at $24.00 per yard to get back to the $570,000,00 base bid. Public Utility Board recommended approval October 16, 1995. BACKGROUND: Tabulation Sheet, Location me,,) PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Citizens of Denton h FISCAL IMPACT: The project budget is $600,000,00. The contract award amount is $570, 000.00. The $30,000.00 balance is being retained for possible change orders as the project progresses;, Funds will come from account #674-082-RB93-U501-9101 • Respe f by sub tt L 7 toy V. Harrell City Manager d, • Approved: ` Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent r I, • • 4, .~.E . rat {t r, BID TABULATION ~ k r. ` COMPOSTING FACILITIES BID NUMBCR 179 P KENNETH D.S.R. DAVIS & ORACON McNEILL CONSTRUCTION ARCHITECTURAL HAWKINS, CONSTRUCTION, CONSTRUCTION COMPANY UTILITIES INC. INC. CO,, INC. BASE BID 1661,769.00 $657,000.000 x897,038.04 $700,000.00 $791,940 00 DEDUCT SY YDS 9,823.00 4,260,00 6,!07,!6 4,200.00 8,873.80. @ $ISY YD $24.00 $20.00 $19.00 $26,00 $25001 $570,00000 $570,000,00 ^1670,000.00 $670,0:0.00 $570,000.00; _ TOTAL BID AMOUNT k' HID AWARD IS DETERMINED BY THE MAXIMUM AMOUNT OF PAVEMENT PROVIDED, SINCE ALL BIDS DEDUCT PAVEMENT, DBR CONSTRUCTION IS THE LOW BIDDER WITH THE LOWEST DEDUCTION OF 3,823 SQUARE YARDS. 0 • F OPOSE M , f~lEaH.R1 fUU5 Sl1HF'ACE k C N COVERED i 0 S'1 I C l C I LITY f ♦ . f . r / "{{55SS r. ♦ I I I f 1 t ~ ♦•♦f♦•fig 1w . ' UB GRINDER AREA DRAINAGE [MPRUV ? AREA CARDBOARD AREA t{} BAILING FOSTER RD OAERATiON i r~ t 3. . U LEGEND ® COVERED CONCRETE AREA OPEN CONCRETE AREA • • ' ' IMPERVIOUS AREA • 0 i 1 • c0 DENTON ooooo~oooQOOO o~ ~o 0 o p4 dOO,~~o ADO oooa N ~ 0000 oa~aoaao • CITY r • COUNCIL t 0 0 I • e r FA=w ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVIS.TONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, includingc items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, qau, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs t SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 60409 COVEY LEADERSHIP CENTER $30,150.00 • SECTION 11. That the acceptance and approval of the above items shall not. constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. • SECTION 111. That the City Manager is hereby authorized to ~ • execute any contracts relating t,) the 11:ems specified in Section I J and the expenditure of funds pursuant to said contracts is hereby authorized. ; 1 ♦ O SECTION IV. That ti s ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. r' BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • r k 1i 0 ts 1, r,: 0 q Agenda No.------~'-'- =u n%T, 1995 Dan CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER ii80409 - COVEY LEADERSHIP CENTER IN THE AMOUNT OF $300150.00 RECOMMENDATION: We recommend approval of Purchase Order #60909 in the amount of 30,150.00 to Covey Leadership Center. SUMMARY: This purchase order is for the purchase of materials and supplies to condo: t the "Seven Habits of Highly Effective People" workshop. The order is for 80 individual profiles and 200 manuals. Releases will be made against this order as training sessions are scheduled throughout the year. BACKGROUND: Purchase Order #60909 PROGRAMS, DEPARTMENTS_ OR GROUPS AFFECTED: City of Denton Employees; In-house training program. FISCAL IMPACT: Funds for this program were approved In the 1995-96 annual budget, Account $100-091-020M-8502 has $31,500.00 set aside for this program. Respe Ily submit Lloy V, Harrell city manager Approved. M. Name: Tom ll. Shaw C.P. Thlo: Purchasing Agent. W AGENDA i 1 ` ai c: • Pu Ii ORDER NO: 60409 - - THIS IS A XXX Thin nu Wa ust appear on all CONFIRMING ORDER EDI ;.1 OF MAR) involc0 d h ty slips, cases, D ctnb xe , packing skips and bills D O NOT DUPLICATE -------3 ti Req. pBid No: Date: 10 19 95 Find No. 01 ss:- ,tk CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREET I DENTON, TEXAS 7620 1-4364 n v 817/383-7100 DIFW METRO 8171267-0942 FAX 8171383-7302 VENDOR jCjVE LEADERSHIP CENTER NAME/ 13P~D D X 19008 DELIVERY CONFIRMATION ONLY I ADORES ADDRESS HUMAN RESOURCES (PERSONNEL) UT 84605-•9925 601 E HICKORY ST DFNTON, TX 76205 r` ATTNo CUSTOMER SERVICE VENDOR N0. COV15000 DELIVERY OUDTED 11 01 95 FOB DESTINATION BUYER TS TtRMS r -6AIE UUAFlTITY UNIT DkSCNIP1 l_ URI I _Af T 1001 80.00 EA VENDOR CAT. 0 N / A MFG NAME 150.000 12,000.00 ? CITY 0 92460 PROFILES FOR 95/96 COVEY TRAINING 1002 200.00 EA VENDOR CAT. N N / A MFG NAME 90.000 1U, 000.00 CITY N 92460 MANUALS ❑ SUPPLIES FOR PARTICIPANTS ~ 003 150.00 VENDOR CAT, It N / A MFG NAME 1.000 150.00 CITY N 95286 . ESTIMATED SHIPPING CHARGES I{I I ~ 9 P OE TOTAL t 30, x.:0.00 GR N11 TOTAL t 30r150,CD 1 01 100 041 020M 8502 30,150.00; _s+l rl VENDOR INSI RUCTIONS: 3, Terms Net 30 N,.i.u 4011.11 11-1"1 i Send original mvrlce with duplicate Copy, 4. Shipping insttudtions: F,0.6. oestinetlon prepald 1w.;, cro u.u .p KJH.JI 2, Bill to - Account. Payable 5. No Were. ur state soles tax shall be included - 215 E, h,CRlnnev St in prices billed to Chasing Wtaion Denton, Tx 16201-4299 PURCHASING r O , • f, l o r 1 DENTON ooo~oaoQOOOOOp o F o0 o O a a ~ E-33 ~ o ~ a 4 o d~ 1 0° ~~0 ~ ODO Oppp ro NI ~ ~~-0~0 ~°aaoa aann~°° } • q ITS' COUNCIL 0 r Apind" DAM 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE l EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR 44 ADMINISTRATION AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN F,FFErTIVE i DNTE. WHEREAS, in order to cumply with contract ccx:•:itment to 17pper Trinity Regional Water District, the City of Denton is required to pay Administrative and Project Feasj and WHEREAS, the City Manager has reviewed and recommended that th(a Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the amount of $33,551.00 to be paid to Upper Trinity Regional Water District, is hereby authorized. SECTION II. Thai this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR a ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORK: HERBERT L. PROUTY, CITY ATTORNEY ~ BY: M.ORD d ' ' 0 • Agenda No Aort;t3 Vern. _ IiAfl l I,NOVFINBER 7A 1998 CITY COUNCIL REPORT ~ TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager } SUBJECT: CHECK REQUEST TO UPPER TRINITY REGIONALWATER DISTRICT IN THE AMOUNT OF $330561.00 RECOMMENDATION: We recommend the check request to Upper Trinit%t Regional Water District (UTRWD) in the amount of $33,851.00 be approved, SUMMARY: This check request is to pay the City of Denton's share of ` administration fees for general administration and planning activities of the UTRWD as per our contract agreement in the amount of $12,051,00, Also included is our share of the 1996 Cooper Lake raw water project fees In the amount of $21,500.00. These fees are calculated based upon population and approved by the UTRWD Board of Directors. BACKGROUND: hivoico from Upper Trinity Regional Water District 0119401. PROGRAMS DEPARTMENTS OR GROUPS AFFE^".'ED: Denton Municipal Utility; Upper Trinity Regional Water District. FISCAL IMPACT: Funds are available in 1999-96 Budget Account Numbers: 020-081-0460-8502 $ 61025.60 025-082-0451-8502 $ 6,026.50 020-081-0460-8502 $211500,00 ? 33,551.00 Respe ly submitt d • oy . Harrell City Manager Approved: ~~=y `~S 9~1Y ems. .1 • dame: Tom D. Shaw, C.P.M. Titla: Purchasing Agent ' • • eso,~aairo~ . a r • • s Lim s Invoice Agenda Ito. A;;rnda Item. "M W. Main. SUde 1W lTA1 17~Fr «wl.r 11751.: Winn a 7 REGIONAL WATER DISTRICT 1;141,1917711 F,tr. t21412YI 9690 City of Denton Statement for 19W Ad iunistratlve and Project Fees Statement Dote: 10103106 Invoice No: P119401 Administrative Fee The AdminMrahve Fee proNdes for general adminislrallon and planning adivfts of tapper Tlinily Regbnat Water MstrM In accordance with your confred w9h the Dlstrld, The administrative fee Is dui upon recelpl If yvu d"Ire, 5096 maybe deferred for M days. Total Do PaW to Gata out Me &II FY 19H Admhdatr e a Man 1 Obf;Qb _4140-6 Project Fees Project Fees art, besed upon the FY 1906 budget adopted by the Board of Director$ co September 7, l£FJ6 and in accordance with your coMrmd for padicipatlon In a project. Tha proled fees ere Intended to recover costs associated vMh the piojad sad are calculated based on your wol of padicipmIon In the project Payment is due w%hln 20 day,;, howsM EO% maybe deferred for 90 days if you desire, Total Gov Paid to Data Due This BIII FY 19de Cooper Lake RAW Water Project Fee 131,500,00 $21,500.00 Total fro t Feel #1100.40 .00 _ $Rt 500,00 • Administrative Fee Due 512,061.00 Project Fees Due 521,600.00 1 Total Amount Due Current Period $33,561.00 Total Amount Past Due 10:00 • Total Amount Due This Bill $33661.00 Please Pay By: 10123196 • . S ApMtd, No. f"• Ap t4 "MA141f 2F f k ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXA3 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL RESOURCE ;ONSERVATION COMMISSION) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contract commitment to Texas Natural Resource Conservation Commission, the City of Denton is required to the pay solid Waste Permit Fee) and WHEREAS, the city Manager has reviewed and Recommended that the Council approve the payment of such fee) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the amount of $27,624.71 to be paid to Texas Natural Resource Conservation Commission, is hereby authorized, SECTION II. That this ordinance. shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995, BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY PPR,OfD • ~gtntla l:o D NOeV~~I, J~ 95~ Rift r CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: CHECK REQUEST FOR TEXAS NATURAL RFSOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF $27,624.71 RECOMMENDATION: We recommend this Check Request to Texas Natural Resource Consr,rvatlon Commission be approved In the amount of $27,624,71. SUMMARY: This check request is for the fourth quarter payment of tho City of Denton Solid Waste Permit Fee. The amount Is calculated by a formula based upon the number of tons of solid waste dumped in our landfill, A 3.5% additional charge Is applied to our refuse collection rates to offset thl~a fee payment, BACKGROUND: TNRCC Invoice Ref,N SWD0003589 in the amount of $27,624.71, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Denton Municipal Utilitles, Solid Waste lllvlsion, FISCAL IMPACT: Funds are available from account number 830-024-0603-8982. Respee Ily submitted t lo d . Ha re City Manager Approvod: Name: Tom D, Shaw, C.P,M, Title: Purchasing Agent W AUX"A . • uAYF 10/ 18/95 ACCOUNI' 110, BALANCE ;4-0-t -jACtl THIS PORTION AND RET LRE N WITH 0000708496 C1~ECK OR MONEY ORDER PAYABLE Fl. PLEASE INDICA OkL10p~Opl TEXAS NATURAL RESOURCE ftoCONSERVATION COMMISSION INVOICES NOT PAID BY DUE DATE ti WILL ACCRUE PENALTIES DENTON, CITY OF SOLID WASTE SUPT, 215 E. MCKINNEY STREET 0000708496 0013581 00027624711117951 DEN70N TX 76201 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PACE 1 (P5 pelm 0A40A 1AW. 09.151041 DATE REFEflENCE DESCRIPTIaN~ AMOUNT ALANCE 0/11/95 SW00003589 PERMIT 0000001590 FY: 95 QTR: 4 27,624.71 27,624,71 SOLID WASTE FEE • 1u-: i9n11 15 i C D LEASE RETURN TOP PORTION OF COUPON WITH PAYMENT, OR QUESTIONS OR ERROR IN BILL PLEASE CALL (512)-239.6700 ELVIE ESPARZA, ACCOUNT NO, PREVIOUS - PAYMENTS & + CHAROE3 && + LATE FEES • BALANCE DUE _ BALANCE CREDITS ADJUSTMENTS _ 0000708496 0,00 0.00 27,624,71 0,00 27,624,711 BILLING DATE: 10/ 18/95 SEE RE'VERSN'-CR ! « PLEASE PAY THIS AMOUNT * * I LAST PAYMENT: 08/ 14/95 » EXPLANATION OF i HAR(0 « BY 1 1/ 17/95 - INCLUDE Agin rnrarr rnNrAr•r + • • c0 r { DENTON o~apoaoDapp000 d~ G N d ~ 4 OOG r Q X000 Op~O 0 N , ~ ~~p0 ~ooanaaao CITY" COUNCIL r • is Ao Aprnde Item ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MAT.FRIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $1.5,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION 1. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "l irchase orders" attached hereto, are hereby appr.oveds PURCHASE ORDER NUMBER VENDOR AMOUNT 60838 SIEMENS POWER CORPORATION $70,000.00 60839 GENERAL ELECTRIC COMPANY $40,500.00 SECTION II. That because of such emergency, the City Manager r • or designated' employee is hereby authorized to purchase the materials, equipmont, supplies or services as described in the attarhod Purchase orders and to make payment therefore In the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. r • Agenda No , Agenda Hem 011e SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND A (ROVED this the day of 1995, BOB CASTLEBERRY, MAYOR { ATTESTs JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY BYs ,r • i f i t ) • m Ffti , CITY COUNCIL. REPORT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: EMERGENCY PURCHASE ORDER 480838 TO SIEMENS POWER CORPORATION IN THE AMOUNT OF $70,000.00 RECOMMENDATION: We recommend this purchase order to Siemens Power Corporation be approved in the amount of $70,000.00, SUMMARY: This emergency purchase order is for repairs to Electric Production Steam Turbine Unit 5. The damage requiring repairs was not known until the unit was opened and visual inspection was made, Telephone quotes for the repairs were soliotted from qualified bidders and Siemens was the lowest bidder for the specified work. The purchase oedur is considered an emergency to keep the repairs of Unit 5 on schedule, Emergency Purchase orders are exempt from the bid process. BACKGROUND: Purchase Order 1180838, Memorandum from Jim Thune dated October 31, 1995, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production Division FISCAL IMPACT; Funds for this expenditure are available in 1995-99 budget account fff -]01-1011-5130-8339, ; Respe uidaubmi ed: I,lo d V. Har ell / City Manager ! Approvedi • am Namo; Tam D. Show, C,P,M, • • Two; Purchasing Agent 656, MjMh r 1i 1 , i 4 r , • 0 • w • PURCHASE ORDER NQ 60838 THIS IS A f Thll; number must appear all CONFIRMING ORDER A E I fl Inv6 oice delwnry slips, , cases. MARKED) 1`I C s., b xes, packing slips sod bills. DO NOT DUPLICATE Gate: 10 31 95 Page No. 01 ISoqo 9d No: D 11 PURCHASING DIVISION II 90) a DENTONP / DExATEXAS 16201-4364 CIY TEXAS STRE 817/383-7100 OJFW METRO 817/267-0042 FAX 817,1383-7302 4E 00 81 HENS POWER CORP NA E/ C. 1 0 S. 70TH ST DELIVERY CENTRAL RECEIVING 905 ADDRESS ELECTRIC PROD (STEAM PLANT) 40 RE?q t3 11 fL ,WAUKEE WI 53214 1701 A SPENCER RD4 Z. rr DENTON, TX 76205 0 CHRISTIANSON VENDOR NO, SLE48002 DELIVERY OUCTED 11 02 95 FOB DESTINATION BUYER TS TERMS LINE G ANTITY T IT: I 001 50000.00 EA VENDOR CAT, # N / A MFG NAME 14000 50,000.00 CITY # 82092 RECONDITIONING / REPAIRS TO HP DIAPHRAGMS 002 20000.00 EA VENDOR CAT. # N / A MFO NAME 1.000 20,000.00 a CITY # 82092 MISCELLANEOUS TURBINE REPAIR EMERUENCY REPAIRS TO UNIT FIVE STEAM TURBINE DIAPHRAGMS • P OE TOTAL 1 71),000.00 GR ND TOTAL 1 70,000.00 • 01 610 10.1 3,011 5130 8339 700000.00 1 vFNDOR INSIRUCTIONS ' 3. Terms • Net 30 lull-is wW 1060,6,11 1, Send oripmel iniloide with 04iWil COPY C Shlpplnq instronti0as: F.OB, 0611inaUOn ptepald iu<Im anu.n, .,um4d1 L Bill 10 - Accounts Psye611 5, No ledersl or stNe gales tax shell be Included ?IS F, McKinney S4 In pikes trilled. urc alnp Division Denton, YX 10201.4700 PURCHASING •i V , t+f I, I , 1 •'.l M i at r' • lpendaaeia ...City of Denton Utilities - Electric r©ductionyiyw i 1101 ASpencer Road • Demon lexAs 16205 • (817) 3A) 7551 • raw. (817) 783 •7555 October 31, 1995 Y Tom Shay Purchasing Agent City of Denton Re: Request for emergency purchase order Dear Tom: Summary: This request Is for issue of two emergency purchase orders per requisitions 165732 and 165733, I)ot.h require Lbuncil approval. The orders concern repairs to Unit Five turbine. The turbine Is undergoing a major steam path inspection which requires complete disassembly. Inspection has revealed considerable distress to the steam path components which had not been anticipated. Repairs are rtece5sary at this throe to restore machine integrity and reliability. Those repairs require lengthy weldhtg and machining processes. Work scopes and quotations have been developed. Siemens and General Flecuic furnished low pricing for the specified work. This emergency request has been made to expedite repairs, A normal bidding cycle for routhur Council awhoriration would extend the turbine outage Weil beyond the scheduled completion 1 lleriod. Unit Five is the lrtrgcsl Denton unit. Avallabiiity of this unit is critical to Tomes Municipal Power Pool operations. Expediting the repair through emergency purchase orders will minimize the negative Impact to the outage schedule and operation S. h~ Details; j Upon disassembly of the Unit Five turbine, steam path damage was identified in scvcral stages of the rotating and stationary components, The damage was not anticipated and was not I uu,1 I in the purchase orders to Siemens or General Electric. r Subsequent work scope and repair estimates have been developed by those firms and the orders have been processed accordingly to the low bids. Repairs to be performed are detailed as follows: General Electric- 'FIe 17th 0'.0) stage of rotating blades are equipped with sacrificial stelligiul erosion I • Tom Shine 01.14)hvr 3I lNl'i shields, These shields incur ii-,e damage of turbine "wet" zone operation typical in the last stages of the. turbine and are by design replaceable. Replacement is recommended when continued operation could result in damage co the parent blade material at which time turbine blade failure would result. Funds were not Included In the original order since the extent of damage was unknown until (lie machine was opened for inspection. Replacement of the shields totals $30,500, This represents savings when compared to blade replacement cost estimated al $200.300,000 for material and installation. 't'hose costs do not include any piovislon for damages to the machine as a result of a blade failure. Erosion Itas also been identified on the 16th (I; I ) stage tenon peening surface, The leading tenons of two blade packages have eroded to the extent that repairs are. necessary to maintain shroud securement integrity. Repairs n011 include removal of (lie two covers, reprofling the blade tips to expose additional tenon, milling new covers with pockets at the tenon and re-peenlug. This repair is also necessary to avoid serious turbine damage which could result from blade failure, This repair totals 55,000, compared to similar cost previously mentioned for blade failure. Transportation costs to the GE; service shop and miscellaneous contingency are additionally funded by this order. This orclu totals $40,500, 5ielnells Power Corporation- I:roslon identified in (lie turbine statlonary diaphrognns will also have to be Addressed. Problems were identified with,the split line surface of tine 14th. 15th and 16th stages, Packing gland hook fits were also damaged on these stages. Diaphragms 2,3,4,5 and 10 require extensive partition repair to restore section and steam path performance, Contingency funding was provided for in the original Siemens order but has been exhausted due to other repairs. This order totals $70,000 of which $20,000 is incluicled for any additional contingency requirements unlunolsm at this time. • Please advise if you have any questions or requh'c any additional information in this matter. Thank you, • = 1 c • Ii ~ Cl -Jim" lillllc' \91,111ager, Hoctfic Production I)ivisioll ;a rr:llob Nelson • Agenda Ho.-- Abfl~~~5i/El4fHER 7; I~3J CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager St1BJECT: EMERGENCY PURCHASE ORDER #60839 TO GENERAL ELECTRIC COMPANY IN THE AMOUNT OF $40,600.00 RECOMMENDATION: We recommend this purchase order to General Eleotrio Company be approved in the amount of $40,500.00, SWANARY: This emergency purchase order Is for repairs to Electric Production Steam Turbine Unit 5, The damage requiring repairs was not known until the unit was opened and visual inspection was made. Telephone quotes for the repairs were solicited from qualified bidders and General Electric Company was the lowest bidder for the specified work, The purchase order is considered an emergency to keep the repairs of Unit 5 on schedule. Emergency Purchase order are exempt from the bid process, BACKGROUND: Purchase Order #60839, Memorandum from Jim Thune dated October 31, 1995, PROGRAMSDEPARTMENTS OR GROUPS AFFECTED: Electric Production Division FISCAI. IMPACT: Funds for this expenditure are available In 1995-96 budget account #610-101-1011-6130-8339, Reap ully su m ted: • 1 d V .Harrell City Manager Approved: Name: Tom D, Shaw, C.P,M. • r Titlo, Purchasing Agont 65 h,A6EN0A s, . • PURCHASE ORDER NO: 60839 THIS IS A F, hi3 nun b r must appear on all CONFIRMING ORDER voi es. livery slips, cases, OF MARKED) ins b s, packing slips and bills. DO NOT DUPLICATE i, ViD Date: 10 31 95 Page No. Ol He N r Bid No: CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREE{ I DENTON, TEXAS 1620 1-4364 817/363-7100 Dili METRO 8171267-0042 FAX 817/383-7302 VF OR 00 ERAL ELECTRIC COMPANY NAMrW S THWEST DISTRICT DELIVERY CENTRAL RECEIVING 905 ADgRE3~ 1 31 MIDWAY RO STE 500 ADDRESS ELECTRIC PROD (STEAM PLANT) If ps LAS TX 75244 1701 A SPENCER RD. { DENTON, TX 76205 VENDOR NO. GEN76000 DELIVERY DUCTED I1 05 95 FOB DESTINATION BUYER TS TERMS - 1ESCRfPTfON 7, I A_ O IINE~ QUANTITY UNIT 001 30500.00 EA VENDOR CAT. # N / A MFG NAME 1.000 30,500.00 CITY # 02092 REPLACE 17TH STAGE EROSION SHEILDS 002 5000.00 EA VENDOR CAT, # N / A MFG NAME 1.000 5,000.00 CITY # 82092 REPAIR TENON PEENING, 16 TH STAGE 003 5000.00 EA VENDOR CAT. # N / A MFG NAME 1.000 5,000.00 CITY # 82092 TRANSPORTATION OF ROTOR TO OE SERVICE SHOP • EMERGENCY REPAIRS TO UNIT FIVE STEAM TURBINE ROTOR P GE TOTAL 1I 40,500.00 GRIND TOTAL t 40,500.00 • 01 610 101 1011 5130 8339 40,500.00 fUelu, 11%01*iu .P.nn.el 100011 cripul irOolce with duplibtle copy. 43, Terni - Nei . Shipping inslruettiionY F.OK OesN nalon prepaid lu.i.., .p.ao.el I S 1. Bill to - Accounts Payable 5, No federal or Will sates us, sill be included inq lv a en 215 E. , McKi0SG in prices blAad »o PURCHASING x Olinlon,I7 44.299 , e r 1Fnd Fin ,v.~....~., City of Denton Utilities - Electrie roduc 1VI ' 1701 ASlxncer Road* Denton. texas 76205 • (817) 383 • 7551 • Fain. (811) 383.7555 i October 31, 1995 Tom Shaw Purchasing Agent City of Denton Re. Request for emergency purchase order Dear Tom: Summary: This request is for issue of two emergency purchase orders per requisitions 165732 and 165733, both require Council approval. The orders concern repairs to Unit Five turbine. The turbine Is undergoing a major steam path )nspection which requires complete disassembly, Inspection has revealed considerable distress to the steam path components which had not been anticipated. Repairs are necessary at this time to restore machine integrity and reliability. Those repairs require lengthy welding and machining processes. Work scopes and quotations have been developed Siemens and General Electric furnished low pricing for the specified work This emergency request has been made to expedite repairs. A normal bidding cycle for routine Council authorization would extend the turbine outage well beyond the scheduled completion t 1 period, Unit Dive is the largest Fenton unlt, Availability of this twit Is critical to Texas Municipal Power Pool operations, Expediting the repair through emergency purchase orders %0I minimize the negative impact to the outage schedule and operations. e Details. Upon disassembly of the Unit Fivc urrbine, steam path damage was identified In several stages of the rotating and stat lonary components. The damage was not anticipmcc; and was not funded in the purchase orders to Siemens or General Flectric. Sktbwquc-mt work scope and repair estimates have been developed by those firms and the orders have been processed accordingly to the low bids. t e e • Repairs to be performed are detailed as follows: General Electric. The 17th (L-0) stage of rotating blades are equipped with sacrificial stellight erosion 'F I Tom Shaw M1gtnda 1f0.. Paw 2 O[ IlAwl A I, 1495 shields. These shields incur the damage of turbine "wet" zone operation typical in the last stages of the turbine and are by design replaceable. Replacement is recommended when continued operation could result in damage. to the parent blade material at which time turbine blade failure would result, Funds were not included in the original order shoe the extent of damage was unknown until the machine was opened for Inspection. Replacement of the shields totals $30,500. This represents savings when compared to blade replacement cost estimated at $200.300,000 for material and installation. Those costs do not Include any provision for damages to the machine as a result of a blade fallure, Erosion has also been identified on the 16th (L-1) stage tenon peening surface. The leading tenons of two blade packages have eroded to the extent that repairs are r"--ssary to maintain shroud securerient integrity. Repairs will include removal of two covers, reprofiling the blade tips to expose additional tenon, milling nety covers with pockets at the tenon and re-peening, This repair is also necessary to avoid serious turbine damage which could result from blade failure. This repair totals $5,000, compared to similar cost previously mentioned for blade failure. Transportation costs to the Gh service shop and miscellaneous contingency are additionnily funded by this order. '('his order totals $40,500. i Siemens Power Corporation- Erosion identified in the turbine stationary diaphragms will also have to be addressed. Problems were identified with the split line -tlrface of the loth, 15th and 16tH stages. Packing gland hook {its were also dannaged on these stages. Diaphragms 2,3,<I,S and 10 require extensive partition repair to restore section and steam path performance. Contingency funding was provided for in the original Siemens order but has been exhausted due to other repairs, This order totals $70,000 of which $20,000 is incluided for any additional contingency requirements unknown at this time. • Please advise if you have any questions or require any addltlonnl information in this matter. "I'Itank you, r . ~}ittr tune ,Manager, Electric Production Divlslon cc:Bob Nelson t, ~i , 41 • ca o r DENTON a pooooaooooQOQa . po°~ ~ ~°aa oG cz) d d ~ '~O Oaf o ~ , ~ ~ ppp~ °aoaa~oooo° • CITY COUNCIL r AjIMA Mo. ~ ~ a A9~ ~ Dw ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR ANNUAL DUES FOR MEMBERSHIP BY THE CITY OF DENTON IN AMERICAN PUBLIC POWER ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with membership requirements to American Public Power Association, the City of Denton is required to pay annual dues; and ~9HEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such dues; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the amount of $17,402.19 to be paid to American Public Power Association, is hereby authorized, SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY A rse.wm d , 1 0 • Agenda No. Agenda Item D T& NOVEMBER 7. 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Counoil FROM: Lloyd V. Harrell, City Manager SUBJECT: CHECK REQUEST TO AMERICAN PUBLIC POWER ASSOCIATION (APPA) IN THE AMOUNT OF $17,402.19 RECOMMENDATION: We recommend that the Check Requast to APPA be approved in the amount of 17,402.19. , SUMMARY: This check request is for the annual dues for the City of 1Denton's membership in the American Public Power Association. The formula for the dues amount is based upon revenue and KWH. BACKGROUND: Invoice #10584 from APPA. PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: Denton Municipal Utilities FISCAL IMPACT: Funds for this expenditure are available in the 1995-98 budget account #610-105-1051-9300-8505. Respec lly submitte s Lloyd V. Harrell City Manager Approved: Name: Tom D, Shaw, C.P.M. Title: Purchasing Agent 651 lOLNDA r, 1 , , ~ i.t 11 73f Ilk n' t lt,r fstE .1 ~I5. ~f ~i • FIN RE FrVyli 6Ci __.z Fi:ya AqOdl A Af►AI hpenda Item, 2301 M Steel, NW washinglon,OC 200371484 DUES INVOICE 2421467.2900 te9t 161 City of Denton DATE: 30-SEP-96 ATTN: Robert E, Nelson, Executive Director, Utilities INVOICE # 10584 216 East McKinney Denton TX 76201-4299 MEMBER N 6065 MU 11 Retail Revenue < $20 million: $ 20,000,000.00 X .000263 4 6,260.00 2) Total Revenue > $20 million; 4 44,204,000.00 X .00011 4,862.44 31 Retail KWH < 1 billion: 840,785,000 X..0000053 4,466.16 4) Retail + Wholesale KWH < 1 billion; 169,215,000 X .00000296 469.68 51 Total KWH > 1 blfilonl 8,208,310 X ,00000226 18.55 Calculated annual dues based on the formula is $ 15,086.83 SUBTOTAL (based on by-law restrictions, stoppers, or discounts) 4 16,066.83 5% dues Increase effective January 1, 1996 763,34 SUBTOTAL 4 16,820.17 10% dues surcharge 1,582,02 a TOTAL ANNUAL APPA DUES 4 17,402.19 TOTAL APPA DUES for City of Denton for 12 months beginning 01.OCT•95 - AMOUNT DUE: 4 17,402.1 FOR SERVICES ANO RESEARCH IN POWER SUPPLY, EN13INCERING AND OPERATIONS, ACCOUNTING AND FINANCE, ENERGY MANAGEMENT, PUBLIC AND OENEAAL INFORMATION; IN ACCURDANCE WITH ARTICLE V, SECTION S OF THE APPA BY-LAWS, 4 370,00 OF THE TOTAL FEE SHOWN IS A NON,DE000TIBLE ALLOCAtION FOR 32 SUBSCRIPTIONS To THE APPA WEEKLY NEWSLETTER TO WHICH YOUR UTILITY IS ENTITLED. APPA DUES FORMULA; the sum of 11 annual retail revenues lest than 120 million x .000263; 21 wholaHle and retail avenue which Is praetor than $20 million x .00011; 3) retail KWH lase than one billion K0000063; 4) that portion of wholesale KWIi wMch when added • to retell KWH is less than one billion x,00000295; 61 whoiasela and retail KWH which 4 prsatar then one billion x.00000226 TERMS: NET 30 DAYS FEIN #:630026316 I r c, • 0 • 4> r e~ f M1,~ f ff fN. DENTON a a t oop ao ~app000 N 00~~ D ti ~ 00 A~ ~pp N G ~ Q © o n o r:3 4 i OOp ~ z aooo a o00o Q No ~~~~OUDD~ • CITY COUNCIL O r a • ORDINANCE NO. AN ORDINANCE OF TH CITY OF DENTON AUTHORIZING THE CITY MANAGER TO a EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES INC. FOR ARCHITECTURAL SERVICES FOR RENOVATION OF THE MUNICIPAL BUILDING FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t SECTION I. That the City Manager is authorized to execute a professional services contract between the City of Denton and Corgan Associates Inc. relating to Architectural Services for Renovation of the Municipal Building, under the terms and conditions, contained in said professional services contract, which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the professional services contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1995, BOB CASTLEBERRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i SY1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i r s, • AGREEMENT BETWEEN THE CITY OF DE - AND CORGAN ASSOCIATES, INC. ~~r' This Agreement made an of the seventh day of November, 1995 between the City of Denton, Texas, hereinafter referred to as "Owner" and Corgan Associates, Inc, hereinafter referred to as "Architect" for the following Projeeti Renovation of Municipal Building. The Owner and Architect agree as set forth below. ARC ARCHITECT'S RESPONSIBILITIES . 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with a very high standard of professional skill and care and the orderly progress of the Work. Upon request of the owner, the Architect shall submit for the Owners approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the owner's review and for approval of submissions by authorities having jurisdiction over the Project, Time limits established by this schedule and approved by the owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, and any adjustments to this schedule shall be mutually acceptable. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10.4.1. .o ARTICLE 2 • SCOPE OF ARCHITECT'S BASIC SERVICES 211 DEFINITION 2.1,1 The Architect's Basic services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 11 as parr of Basic Services, and include • without limitation normal structural, mechanical and electrical ' » engineering services and any other engineering services necessary `to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2.4. .e PAGE 1 • A i r _ • I 1 2.2 SCHEMATIC DESIGN PHASE a1,li _ 2.2.1 The Architect in consultation with 'the Owner:,,slyall develop a written program for the Project to ascertain owner's needs and to establish the requirements for the Project. 2.2.2 The Architect shall provide a preliminary evaluation of the owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the ownar alternative approaches to design and construction of the Project, 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Architect shall submit ;o the owner a preliminary detailed estimate of Construction cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establish an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the owner in the program, schedule or construction budget, the Architect shall prepare for approval by the owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the I Project as to architectural, structural, mechanical and electrical systems, materials and such other eloments as may to appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. • 2.3.2 The Architect shall advise the owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Paragraph 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and • any further adjustments in the scope or quality of the Project or in the construction budget authorized by the owner, the Architect • shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes, PACE 2 • 0 • ca regulations and the latest ADA state and federal Ycquirements.- A'Tt- state and federal requirements shall be submitted by the architect- and gain approval before the bidding procesA. 2.4.2 The Architect shall assist the owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the owner and contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the owner's responsibility for filing documents required for the approval of ao-ernmental authorities having jurisdiction over the Project. 2.5 BIDDING 2.5.1 The Architect, following the owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cast, shall assist the owner in obtaining bids and assist in awarding and preparing contracts for construction. 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approval Detailed statement of Probable Construction Costs of the Projects submitted by the Architect, then the Architect, as its iaole cost and expense, shall revise the Construction Documents as may be required by the City to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. The protect shall be bid with a written statement requiring the a contractor and subcontractors to sign an agreement to participate in a partnerinq construction relationship with the City and the Architect. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT • 2.6.1 The Architect's responsibility to provide Basic Se*!:vices for the Construction Phase under this Agreement commences with the award of the contract for Construction and terminates at 1 the issuance to the owner of the final Certificate for Payment, vnll ss extended under the terms of Subparagraph 9.3.3. • 2.6.2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edition • of AIA document A201, General Conditions of the Contract for construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. PAGE 3 s • ~,.Erna,,uz+n____._.._ 2.6.3 Construction Phase duties, respo slipl hies ..and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the owner and Architect. 2.6,4 The Architect shall be a representative of and shall advise and consult with the owner (1) during construction, and (2) as an Additional. Service at the owner's direction from time to time during the warranty period described in the Contract for Construction, i.e. one year. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed I, a manner indicating that the Work when completed will be in accordance with the Contract Documents, Architect shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations as an architect, the Architect shall ' keep the owner informed of the progress and quality of the Work, 1 and shall exercise the utmost care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect represents that he will follow the highest professional standards in performing all services under this Agreement. Any defective designs or specifications furnished by the Architect will be promptly corrected by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the owner's rights hereunder. 2.6.6 The Architect shall, not have control over or charge of y and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Architect's acts or omissions. The - • Architect shall not have control over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. • 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially • • authorized, the owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. F PAGE 4 • O 0 0 i. +~~leutla Ite 2. 6.9 Based on the Architect's observatio s~~ at thL"situ of.., the work and evaluations of the Contractor's A 3fcations _tor Payment, the Architect shall review and certify the~amodHts due°the 1 Contractor. 2.6.10 The Architect's certification for payment shall f1, constitute a representation to the owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that is the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. y However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of, requisitions received from Subcontractors and material suppliers and other data . requested by the Owner to substantiate the contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or s not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon contractor's submittals such as shop Drawings, Product Data and Samples for the purpose of (1) compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the Work, when completed, will be in compliance with the requirements of the Contract Documents. The Architect's action shall be taken with such reasonable promptness to cause no delay in the Work or in the construction of the owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such subm.ittala is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the PAGE 5 { p 0 0 • Contractor, all of which remain the responsi.billity of the' Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifi-ally stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment ie required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the contract Time which are not inconsistent with the intent of the Contract, Documents. 2.6.14 On behalf of the owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contact Documents and assembled by the Contractor and shall issue a final certificate for Payment. 2.6.15 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on I written request of either the Owner or Contract. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or i.n the form of drawings. when making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both owner and contractor, shall not show partiality to either, and shall not be liable for results for interpretations or decisions so rendered in good faith in accordance with all the requirements of the Owner.-Architect Agreement and in the absence of negligence. • 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. .4 s, PAGE 6 • 0 • II QCOU3 ~{Cf0 - 2.6.18 The Architect (1) shall render e%gvices under f Agreement in accordance with the highest pr prevailing in the metroplex area; (2) will reimburse the owner for all damages caused by the defective designs the Architect prepares; ' and (3) by acknowledging payment by the owner of any fees due, shall not be released from any rights the Owner may have under the R' Agreement or diminish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the owner with one set of reproducible prints showing all significant changes to the ` Construction Documents during the Construction Phase and shall also provide the owner with one set of reproducible as-built Drawings for the owner's file. ARTICLE 3 ADDITIONAL SERVICES i' 3.1 GENERAL x. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 2, and they shall be paid for by the owner as provided in this Agreement, in addition to the compensation for Basic services, The services described under Paragraphs 3:2 and 3.4 shall only be provided if authorized or confirmed in writing by the owner, if services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the owner deems that such services described under Paragraph 3.'s are not rnquired, the owner shall give prompt written notice to the Architect, if the owner indicates in writing that all or part of i` such Contingent Additional Services are not required, the Architect a shall have no obligation to provide those services. Owner will be responsible for compensating the Architect for contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES • 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated 40 therefor as agreed by the owner and Architect. The duties, • responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed. PAGE 7 j t ) • 0 o 3.2.3 Through the observations by such Project . Representatives, the Architect shall endeavor to provide further protection for the owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAI. SERVICES 3.3.1 Making material revisions in Drawings, specifications or other documents when such revisions are: 1. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with change orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of Work a damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 1 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the 0 Architect is party thereto. 3.3.8 Preparing documents for alternate, separate or + s sequential bids or providing services in connection with bidding, or construction prior to the completion of ehe Construction Documents Phase. i PAGE 8 . 0 3. 4 OPTIONAL ADDITIONAL SERVICES 12rndr HPr+.._ i 3.4.1 Providing financial feasibility or other -special studies. 3.4.2 Providing planning surveys, site evaluations or i4 comparative studies of prospective sites. i' 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the owner. 3.4.7 Providing coordination of construction performed by F separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the owner. 3.4.8 Providing services in connection with the work of a construction manager or separate consultants retained by the owner, 3.419 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.10 Providing analyses of owning and operating costs. 3.4.11 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.12 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. I! 3.4.13 Providing assistance in the utilization of equipment or r systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.14 Providing services other than as provided in No. 4 of Article 11, after issuance to the owner oe the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty (60) days after the date of substantial Completion of the Work. r i PAGE 9 t s' c~ r 3.4.15 Providing services of consultant for other._._than--- architectural, structural, mechanical and el~A~ ical efi4iheering portions of the Project provided as a part of Basic services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings showing ? significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect, (This is for drawings prepared in t addition to those called for in Section 2.6.19.) ARTICLE4 OWNER'S RESPONSIBILITIES 4.1 The owner shall consult with the Architect regarding requirements for the Project, including (1) the owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, as more specifically described in Paragraph 2.2.1. 4.2 The owner shall establish and update an overall budget for the Project, including the Construction Cost, the owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the owner shall furnish evidence that financial arrangements have been made to fulfill the owner's obligations under this Agreement. 4.4 The owner shall designate a representative authorized a to act on the owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 0 4.5 The owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, 0 boundaries and contour:- of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements 0 and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All. the information on the survey shall be referenced to a project benchmark. PAGE 10 s:a • Apen~a Item_ _ _ p+rt 4. 6 The owner shall furnish the sere ~,es 6f" gevtreo►~iral.- engineers when such services are requested by the ArcYiitec`.--such---- services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not retained by the Architect as part of his Basic services. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the owner, 4.5 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Architect, 4.10 Prompt written notice shall be given by the owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.12 The proposed language of certificates or ,P.rtifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The owner shall not request certifications that would require knowledge or services beyond the • scope of this Agreement. T CLE 5 CONSTRUCTION COST 5.1 DEFINITION • • 511.1 The Construction cost shall be the total cost or estimated cost to the owner of all elements of the Project designed or specified by the Architect, PACE 11 J I r ' 5. 1.2 The Construction Cost shall include t~hplpost~at,current tj market rates of labor and materials Furnished`by--ME 10S+C R*,-,16-417__..__ equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. i. 5.1.3 Construction Cost does not include the compensation of ' the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limits has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of constructiun are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within ninety (90) days after the Architect submits the Construction Documents to the owner, any Project budget or fixed limit of Construction cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in subparagraph 5.2.3) is exceeded by the lowest bona: fide bid, the Owner shall: . PAGE; 1'l. A 4 A o 1. give written approval of an inc ao.gl~ such fixed"_." limit; 110C 2, authorize rebidding or renegotiating of the Project within a reasonable time; 3, if the Project is abandoned, terminate in accordance with Paragraph 7.3; or 4. cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5,2.5 If the owner chooses to proceed under Clause 5.2.4.4. the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUME14Tfi 6.1 The Drawings, specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project, The Architect's Drawings, specifications or other documents shall not be used by the owner or others on other projects or for completion of this Project by others, unless the Project,, or any phase thereof, of the Project is complete, Architect is in default of this Agreement, or this Agreement is terminated, at which time such documents become property of the City of Denton which allows owner freedom to use such documents, i 6.2 submission or distribution of documents to meet r official regulatory requirements or for similar purposes in A A' connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. J PAGE 13 , • Agenda ho. l,genda Item Date - RA TICLE 7 TERMINATION, SUSPENSION OR -113ANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven (7) daysO written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.15 The City of Denton may terminate This Agreement after the completion of each basic service phase, as set forth in Article 10.1.2 hereof, upon written notice to the Architect, 7.2 If the Project is suspended by the owner for more than thirty (30) consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect0s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement;iiay be terminated by the owner upon not less than seven (7) days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than ninety (90) consecutive days, the Architect or the owner may terminate this Agreement by giving written notice. 7.4 Failure of the owner to mace payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven (7) days' written notice to the owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the owner because of such suspension of services, r 7.6 In the event of termination not the fault of the Architect, the Architect shall. be compensated for services properly performed prior to termination. ARTICL~,_ C O MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas, PAGE 14 • ' • _nqr nil3 f10 T 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. i% 8.3 The Owner and Architect, respectively, bind themselves, heir partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect r shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and in~egrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument 7 signed by both owner and Architect. s 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8.6 Unless otherwise provided in this Agreement, the Architect and Architec- s consultants shall have no responsibility for the discovery, prc.,en(,e, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PC13) or other toxic substances, provided, however, Architect shall have the responsibility to and shall. report to the Owner the location of any hazardous material that .•.i Architect of similar skill and expertise should have noticed. 8.7 Upon receipt of prior written approval of owner, the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the owner has previously advised the Architect in writing of the specific information considered by the owner to be confidential or proprietary. The owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. 818 Architect shall have knowledge in, experience in, and s willing to participate/conduct in partnering construction. Partnering construction is defined as: "a long-term commitment between two or more organizations for the purpose of achieving 0 specific business objectives by maximizing the effectiveness of each participant's resources. The relationship is based on trust, dedication to common goals, and an understanding of each oth-)r's individual expectations, values, roles and responsiblities." PAGF. 15 r ~ 0 • Q 0 Apenda No. t' ends Item 8.9 The owner shall have the right to ray, an approve personnel assigned to specific roles in the pe mance-ef--tht - project.~ ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits rolated thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES - NEED TO BE PRE-APPROVED 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. 9.2.1.1 Expense of transportation in connection with the Project; expenses in connection ::ith authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2,1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 9.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates, 9.2.1,4 Expense of renderings, models and mock-ups requested by the owner. 9.2.1.5 Expense of additional insurance coverage or limits, • including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architects consultants. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 subsequent payments for Basic Services shall be made • monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in • 0 Subparagraph 10.2.2. PAGE 16 • • A9cnda No. Agcnde Item 9.3.2 If and to the extent that t Dal est blished in Subparagraph 10.4.1 of this Agreement is excea a or ext.,nded through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10.2.3. 9.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 10.2.2 based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions oi' the Project. 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 9.5 PAYMENTS WITHHELD 9.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible, 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the owner or the Owners authorized representative for inspection and copying during regular business hours for three (3) years after the date of the final certificate of Payment. • ARTICLE 10 BASIS OF COMPENSATION The owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION • 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any • • other services included in Article 11 as part of Basic Services, Basic compensation shall be the total amount of $_Lg5,,!~kQ.00 with 5% retainage held by the City. PAGE 17 I ' a spend, Item ~ , 10.1.2 Progress payments for Basic Servi ~n e.KM phase shall total the following percentages of --total-_-Basic, Compensation payable: • City Hall O'Neil Ford Complex • Phase II City Hall .Design and Development $ -11 F'Un _ are $ *Construction Documents $ A2 19n_$ .Bidding $ 5,290 *Construction $26,,450_$ Phase II Sub Total , Total cost without reimbur.sables $ 105,800.00 y, 10.2 COMPENSATION FOR ADDITIONAL SERVICES (Not to exceed $ 10,00o,00 ) 10. FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2,2, compensation shall be computed as follows; On an hourly rate basis, based on Article 10.2.2. 10. FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 11, other than (1) Additional Project Repr,%sentatior., as described in Paragraph 3.2, and (2) services includ^d in Article 11 as part of Additional Services, but excluding services of consultants, compensation shall be computed as follows: Principals $ 95.00 per hour other Employees $_.55.oo AyEBA hourly rate i See habit "A" 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.16 or identified r in Article 11 as part of Additional Services, a multiple of 1.1 times the amounts billed to the Architect for such services. 1 10,3 REIMBURSABLE EXPENSES (Not to exceed $ 10,000 , 00 ) e 10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9.2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of 1.1 -times the expenses incurred by ; the Architect, the Architect's employees and consultants in the interest of the Project, r. PAGE 18 ` f 0 40 0 1- 0 z 10.4 ADDITIONAL PROVISIONS ApendaNo. Apenda item i~ 10.4.1 IF TIIE BASIC SERVICES covered by th A1at not been completed within fourteen (14) months o -ttta date= t: , through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in t Subparagraphs 9.3.3 and 10.2.2. 10.4.2 Architect may bill the city for hours expended every month, beginning thirty (30) days after the Architect begins the work and the City shall endeavor to pay the Architect within thirty (30) days of receiving an invoice. However, the city shall not be obligated to pay more than 95% of the total contract price to Architect through monthly invoices, until Architect has completed all services required by this Agreement. v 10.4.3 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (1%) per month. ARTICLE 11 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 1. Insurance and Indemnification. Architect shall maintain, at no expense to owner, insurance coverage placed with companies rated at least B+/X by Best's Key Rating Guide, including a professional liability policy in an amount not less than one million dollars ($1,000,000), including contractual liability coverage. All applicable insurance policies shall name the Owner as additional insured and shall require the giving of written notice to owner at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. o Architect agrees to indemnify, hold harmless, and defend the city, its officers, agents, and employees from and against any and all claims or suits for injuries, aamages, loss, or liability of whatever kind or character, arising t out of oz' in connection w':h the performance by the Architect of those services contemplated by this Agreement, based upon alJ.gations of negligent ants or omissions of Architect, its officers, employees and subcontractors. z. Architects' work plan is attached hereto as Exhibit A. PAGE 19 o a ' J .•h 3 I.~ 1 d I t.IV ~tl '~7 1•j 1 t ill 1 •l I 1 A I e 't I I .i. • I I.~ r 3. The parties agree that Ford, Carson & [PA,l a consultant to Corgan Associates Arc !VPdk and construction of City Hall. ate This agreement entered into as of the day and year first written above, CITY OF DENTON, TEXAS, CORGAN ASSOCIASES ARCHITE OWNER ARCHITECT BY: BY: - LWYD V. HURE[.L, CITY KANAGER BRENT BYERS, PRINCIPAL ATTEST: JENNIFER WALTERF, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: • PAGE 20 J t - ~ f / 1 ~t r fy °l 3 3s ? rr , it tl tIf , ,t , + _:tr b~ 4~rti~ t X75 i iv 5r' V I V 1 1 Ir t { V J IV l V J p I A y' i nCrnda No. CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CON'T'RACT WITH CORGAN ASSOCIATES INC. FOR ARCHITECTURAL SERVICES FOR RENOVATION OF MUNICIPAL BT)ILDING RECOMMENDATION: We recommend approval of a professional service contract with Corgan Associates Inc. for Architectural Services for Renovation of the Municipal Building in the amount of $105,800,00, SUMMARY_ This proposal includes normal architectural services, mechanical, electrical, plumbing, structural and audio/visual design through construction administration services. Also Included in the contract is the utilization of Ford ?owell & C..rson, Inc, as design consultants to assist in preserving the O'Neal Ford Architectural concepts as much as possible, The contract amount of $105,800.00 iri very close to budget guidelines even with the inclusion of Ford Powell Carson's fee of $7,500.00, Budget Estimates - Architectural Services $ 75,000.00 Audio Visual 30,000.00 Total Estimated $1.05,000.00 Actual Contract Amount $105,800.00 Maximum Reimbursables 10 000,00 Maximum Expenditure $115,800.00 The architect selection committee recommended approval of the contract on 10-29-95. BACKGRO.IND: Proposal from Corgan Associates, Inc, and Fee Breakdown. PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDt Citizens of Denton, Employees of the City of Denton, FISCAL IMPACT: Current budget for thio project allows for approximately $105,000.00 in architect services out of the total available funds of $1,141,547.00. Res fully sub t to d Harre City Manager Approved: Name: Tom Shaw, C,P,Mr Title: Purchasing Agent 6N .AOeMUA "i 1 • • U,,1 -~L-1995 16:&3 ! rIi Cl c.UkGF" ASSOC I NC 10 181713831302 P. 02 r 1 i ~F. 26 Goober 1995 ,f rM1. Mr, Tom Shaw Purchasing Department City of Denton { 9018 Texas Street Denton, Texas 76201 Re: Denton City Hall Renovations :a Dear Tom! As discussed, this letter is our proposal to provide ptofeuional services for the remoueling of the existing Denton City Hall. We propose to provide the f following services: w 1. Design Developpment Services 30% 2. Construction meat Services 40% ' 3. Bidding Administration Services 5% f 4. Construction Administration Services 25% 1 For these services we propose the following fee breakdown; 1. Architectural, MEP, Structursl & AV: $98,300 2. Design Consultants p Ford Powell & Carson, toe, 57,300 3. Reimbursable Expenses: $100000 Total $115,300 Included in these services are 1) a1, electrical, plumbin66 and any • structural consulting; 2) audio/vi► multant for tte Cawrcil Chamber and work room; 3) the services of Ford, Powell ba Carson in a design review and input role throt gA the project and 4) an additlonal construction trip each week as requested in the proposed contract, k` Project reimbursable expenses for standard printing doa~ments, photo documentation, courier charges, postage, long distatsce c*4 tee., are also B included in this fee, • • i ~~oac,w Assoc7nn6, tr2c, :DI 1114 STREET ?5 DAM S. TEXAS 7$202 it. TEL 214 746 2000 FAX 714676616, ~"02tw 0.2A 1/nAL b z' T (Y:T 76 ' 99 1603 2146538?81 PGA. 002 • 0 , • e OCT-26-1995 16109 FROM CORGM ASSOC INC TO 18173837382 P.03 Agenda No., Apenda ittm , Due Mr. TOM Shaw 2 18 0010ber 1995 If Iva have MY queKiom or would like Wditiooal bxformaioa coaoeruita< tWs PMPOU+ pkw ail. we are =no* plmw w pevride 6 pr post and the oppottuart7 of osntinuiaa to wont wlth you aad the Debtor Siaocrd~y',y~ $rent $yera Pliadpnl I 1 f • i TOTAL. P,03 OCT 26 '95 16104 21465313281 PALE .003 1 / i 1~ 1 1 , . , 21,1 . t i AJ003 !lent ARCHITECT'S FEE BREAKDOWN AMOUNT / ♦ GI? IWAL FUNDS Architectural, MEP, Structural and AV $ 98,300.00 / 108614 f Design Consultants, Ford Powell & Carson Ino. $ 7,500,00 / .0085$ Sub Total Architect Fees $105,800.00 / .09284 Reimbursable Expense including 104 markup or 1.1 multiplier (Not to Exceed) $ 10,000,00 Total maximum contract amount $116,800.00 Available Project Funds $10141,547.00 a r • a I u f l 3 DENTON ?f 1 O~app000 00 040o t t OdO~ N boo 00 A, a ~ 0 0 r p a , 0 DD CO p000 ~ r ~O~O a o00o N, ~ ~ooo aoaaaaaoa ~ ® ITS' COUNCIL r I/ 40r :k r ib i 1 S i C AW& N0 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENT FOR PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF AN INTFRLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a purchase order between the City of Denton and Houston-Galveston Area Council of Government for purchase of a four wheel mechanical street sweeper, under the terms and conditions, contained in said purchase order, which is attached hereto and made a part hereof. SECTION II, That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the purchase order. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. a BOB CASTLEBERRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r • BY: { APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 BY: IIII'EN,OpD ~ s • 01 DATE NOV.WBER 7, 1995 CITY COUNCII, REPORT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #60424 TO HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) IN THE AMOUNT OF #',28,129.10 RECOMMENDATION: We recommend Purchase Order 460424 to H-UDC be approved In the amount o 1'10,129,10. SUMMARY: Purchase Order #60424 to H-GAC is for the purchase of a four whee; mechanical street sweeper as approved in the budget process. We currently have In place an Interlocal agreement with H-GAC previously approved by Council (Ordinance #95-107). By approving this purchase order Council would be authorizing H-GAC to be our bidding agency for the listed equipment and authorizing H-GAC to order the specified equipment from their annual contract. Houston-Galveston Area Council of Governments is recognized by the State of Texas and authorized to provide cooperative purchasing services, H-GAC has complied with all procurement and competitive bidding laws. The City of Denton receives the advantage of H-CAC's annual contract for multiple units providing cost savings to the City, BACKGROUND: Purchase Order #60424, Interlocal Contract/ Agreement for Cooperative Purchasing. PROGRAMS, f41PPARTMENTS OR GROUPS AFFECTED: Street Maintenance, Fleet Services. v FISCAL IMPACT: Funds for this purchase have been approved In the budget process as a Motor Pool F'--et Addition. $145,009.00 was budget'id in account #720- 025-0584-9104. Respe Ily sub It d: loyd V. Harr l1 City Manager Alp: oved - j ~ '[`~1xlf\\ 3j • ® Name Tom D. Shaw, C, P.M. Titio: Purchasing Agent 449AtlCNDA l1' r .s • • • THIS IS T11 C E ORDER NO: 60929 CONFIRMiNO O ORDER bis nu b r not appear on all (IF MARKED) I ac packing slips and bills. DO NOT DUPLICATE ns es, by slips. cases, PL3) ns .0 sp Rel NnBid No: Dale: 10 20 95 Page No. 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET / OENTON, TEXAS 76201-4.154 817/383-7100 DIFW METRO 817/26)-0042 FAX 817/383-7302 VEND NEff G NAM OX 2277'/ DELIVERY CONFIRMATION ONLY C14 c ADDR SSe 55 TIMMONS SUITE 500 ADDRESS FLEET SERVICES ON TX 77227 804 TEXAS DENTON, TX 76201 VENDOR NO. HGA49000 DELIVERY QUOTED 01 15 96 FOB DESTINATION BUYER TS TERMS LINE DUANTITY_ LINiT " CSC !Pr(aN "PRI E AMO~NT 1001 1.00 EA VENDOR CAT. N N / A MFG NAME 02,584.000 102,584.00 CITY 0 61514 FOUR WHEEL MECHANICAL SWEEPER ON COMMERCIAL CHASSIS ELGIN EAGLE F (HIGH DUMP) WITH OPTIONAL EQUIPMENT AS LISTED 0 ATTACHED LIST I 002 1.00 LT VENDOR CAT. $ N / A MFG NAME 15,479.000 15x479.00 CITY N 61514 OPTIONS AS LISTED 003 1.00 LT VENDOR CAT. # N / A MFG NAME 2,066.100 2,066.10 CITY $ 61514 j HGAC ADM FEE I I P 0E TOTAL s 120,1'29.10 0R MD TOTAL i 120,129.10 • 01 720 025 0584 9104 120,129.10 1 VFNU6R INSTRUCTIONS.' 3. Terms - Nei 30 ta.i.,, eo,aa,. n..i•.+I - I. Send original invoice with duplicate copy 4. Shipping 4nslwclions: F.O.S. Dlslmation prepaid m-.nn mi,...... i.el 1. Dill to Accounts Payable 5. No federal or stAe sales tax Shall be included 215 f. McKmrk 5L ure ,Wing Division - { y in prices billed. Denton, IX 762 1.4298 VENDOR-ORIGINAL e • • _ r , INTERLOCAI, CONTRACTIAGREENIENT Il A -v 1I j FOR COOPERATIVE PURCHASING hNtl,; 11'% }lausbn t,arsesmn Arcs Cuund lm. Nd.. -fiMndAC !l THIS INTLIZLOCAL CON'IRA("1' ("Agreement' made and entered into pursuant to the Texas Iniergoieininental Coopereuou Act )Government Cade, bile 7, Chapters 74) h 791] by and between the Houslon-Galveston Area Council, hereinafter referred f It, to as "Ifc;AC," (raving its principal place of business at 3555 Tinunons Lane, Suite 500, Houston, Texas 77027, and THE C;TY OF DEWAM hereinafter referred to as the "local r government" having its principal place of business at__1?3!% 1-TTYlrfNNY DEtt:Y)II• TEXAS 76201 WITNESSETH WHEREAS, H-GAC is a regional planning comirussion created under Acts of the 59th Legislature, Regular Session, 1965, t' rccoehrted as Texas Loral Government Code, Chapter 391; and :t N'HERF,AS, H-GAC has entered into this contract with the local government on the 6 day of ssURE 19 Ti ; and WHEREAS, the local government registers its dr-sire to purchase certain governmental administrative functions, goods, or scrvurs; and ~ WHEREAS, II-GAC herchy agrees to perform the scope of services outlined in AR'rTCLI 5, as hereinafter specified in accordance with this conuacUagreemcnl; and i NOW, TlJFREE'ORE,, II-GAC and the local government do hereby agree as follows: ARTICLE 1;_-LEGAL AIT1110T ITY ?lie local governn3ent warrants end assures H-GAC that it possesses adequate legal authority to eater into this contract. The local government's governing holy nos authorized its signatory offtcid(s) to enter into ibis contraLl and to bind the local government to We terms or t1 , contract find any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS II-GAC and the iaal government agree to conduct all activities tinder this contract In accordance with all applicable rules, rcgtl;drons, ordinances and laws in effect or promulgated during the term of this contract. ARTICLE,' 3: 1 TIOLE AGREENIENT The Interlocal Contract and any attachments, as provided herein, constitute the complete contract between the parries hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this contract carmot be m(Aified without written consent of the parties. ARTICLE 4: PEP_FORNIANCY PERIOD 9 1 The period of this canuac( shall be for the balance of the fiscal year of the local goverturi which began S6MUMER 30 19 IM and ends (X:l:Y)t3Rn 1 1995 . This contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shidl not have the eff xt of extending the period in which the local government • may make any payment due H-GAC beyond the fiscal year in which such obligation was incurred under this contract. H-GAC or t1w local government may cancel this contract at any time upon 30 days written notice to the other puny to this ! contract. The obligations of dic local government, including Its obligation to pay H-GAC for all costs incurred under this contract t prior to such nonce shall survive such cancellation, as well as any other obligation Incurred under this contract, until performed or discharged by du local government, AN I1CLli S:__SCOIT OF SERVICES Y I he m al governmuril appoints IlGAC its uuc and lawful purchasing agent for the purchase of certain products and services thxxotlr fire H•GAC Cooperative Purchasing Program, as cnumeraled through submission of any duly axeculed purchase order, order loan or resoluuon. All pralucts purchased hereunder shall be io accordance with specillcalions established by H•GAC. f ' All pm,dinas and services dull Ix! procured by H-GAC in accordance with procedures governing competitive bids and competitive pn llr sots, an l at pnccs and adndmsoalive fees listed in current Contractor/Vendor Price Lists and H•GAC Forms. (Cunuevad on revtuc side) r 7 It t r • 0 • w • AK"I_Il_l k S:_SC'OIIE 0i'SERVICES_cunl1nued •.ryl: 'rl...,__.,... Ownership 0111) of products purchased shall transfer directly from the contractorivenrld td tifeilou'government. The local" i government agrees tit provide H-(;AC with documentation of receipt and acceptance of proc(uets }nd services within five (5) days of acceptance of same. ARTVJY 6, IMMENTS In accofdancc with the terms of this contract, the local government agrees that, upon presentation by H-GAC of a properly i documented, verified proof of performance and a statement of costs H-GAC has incurred, It shall upon delivery and acceptance of products and services, promptly pay H-GAC, from current revenues avallable to the local govti n ncal during the current fiscal year. ARTICLE 7: CHANGES AND AMENDMENTS Any alternations, additions, or deletions to the terms Of this contract which are required by changes in Federal and State law or regulations are automatically incorporated into this wntract without written amendment hereto, and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes hi the scope of services and products offered through the H•GAC Cooperative Purchasing Program to be performed hereunder, ARTIChE_A-.__TERRIIJ'(ATION PROCEDURES Either H•GAC or the local government may canal or laminate this contract upon thirty (30) days written notice by artlfted mail to the other party. In the event of such termination prior to completion of any purchase provided fa herein, the local government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced is accordance with the terms of this contract, including penalties, lest payment of any compensation previously paid, Alj_TICLF 9_SEVF.RABILITY All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall not effect any other term of this contract, which shall continue in full force 2nd effect. ARTICLE 10: FORCF. MAJEURE 9'o the extent that either party to this contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labs, riot, fire, flood, acts of war, insurrection, accident, judgment, act of God, of specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duly shall be suspended until such disability to perform is removed. Determination of force m ieure shall rest solely with H•GAC. ARTICLN; 11:. VFNU_F, t Venue and jurisdiction of any suit, or cause of action arising under, or in connection with, this contrail shall lie exclusively in Ilarfis County, Texas. 0 '171IIS IINS'I'RUMENT, IN-1-WO (2) ORIGINALS, HAS BEEN EXECUTED BYTHE PARTMS HERETO AS FOLLOWS: I • " -,~~Al W1. of Ixd ovnnm HOUSTON-GALVF.STON AR13A COUNCIL /e~nl f~ r • ~ft/~~7 !L`,._~/I _ JS / N~ , , 1533 Timmom f,enr, Suitt 300, Hauler, TX 17027 `L•-LY--•-- P MuLng Address By. e • f ~j ~J ~ ~ Jack SUele, 11"cutive Dhedor stare ZIP Code • M U Dlrg.l /I ! Date: Y., f Signalurr u1 chid deeded off oil Attest. Deidre Vkk, Public Servi<ef Dept. Maoagt Ii40 C.tSI 1c+Ix 1 r' t ~r i [Wd Nude A Title ur slgnnury C)Nr Dace:,____ r NUTl __Fncrrm H_e_rupits !)I flair dpcumenr rxe our acrepur limns fJklClNAGS, primed 205.7". II I • c0 r `,f4 t c DENTON ooQaDaoa~~~oQ d G ~ 0 d 0 0 0 4 QO ~ l pp o°oo a N , ll 0000 Qaaoaa~oo ITT COUNCIL 0 0 r A Agenda No. S k Agenda Item pp DX# 7- CITY OF DENTON, TEXAS 300 WOODAOW LANE DENTOM, TEXAS 76205 # TELEPHONE (617) 3837593 v- ANIMAL CONTROL/ CONSUMER HEALTH CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the U.y Council FROM Lloyd V. Harrell, City Manager DATE: October 12, 1995 SUBIFCT: INTERLOCAL A3REEMENT BETWEEN THE CITY OF DFNTON AND THE. CITY OF ROANOKE FOR THE HOLDING AND DISPOSITION OF CATS AND DOGS RECOMMENDATION: Staff recommends the adoption of the ordinance. S IMF MARY: The agreement states that the City of Denton will provide certain services to the City of Roanoke for the impoundment and disposition of animals brought to the City of Denton from the City of Roanoke: The . ity will hold these animals for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects fw testing by the Texas Department of Health. i For these services the City of Roanoke agrees to pay the fees set forth in the agreement: •I Six dollars ($6.00) per day per animal heing held for the owner to claim. Seven dollars ($7,00) per day per animal being held for rabies observation. Fifteen dollars (S 15.00) for each animal euthanasized. Thirty-five dollars ($35,W) For each decapitation and shipment. CC'RI'ROAN.WF'D Oolober 12, 1995 `E. 'Oedleated to Qualfty Serelee" ' • Q ; , t w lnterlocal Agreement: Roanoke Page -2- yMM f aA0Mtt4 N1tR UACKGROUND: This is the fourth fiscal year that the City of Roanoke has requested an lnterlocal agreement for these services. The animals which have been brought to us from the City of Roanoke did not cause conditions of over crowding at the animal control facility, Since most of the costs associated with housing animals are fixed costs accepting animals from the City of Roanoke will not result in an increase in expenditures. PROGRAMS DEPARTMENTS OR GRQUPS AFFECTED: Animal Control Division City of Roanoke FISCAL IMPACT It is estimated that the revenue from this program will be approximately two thousand five hundred dollars (S2,5W.OO) This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year. Respectfully submitted: L1 4d V. Harrell City Manager Prepared by: ome h1alo-Kull, Mana er • Animal Control/Cons er Health i Appr ~d by: • Bet y - eKea , Rx utive Director Municipal Services/Economic Development CCRPROAN WN) ChtolKi 12, 1995 •0 ' fit'` ;c • m A: kROAWKE.0 APWI ft AW* bm ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT D,ETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by re:arence herein. SECTION 11 , That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance shall become affective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY; • d ti' • ca 0 r aota~ w►, THE STATE, OF TEXAS X - X MTERLOCAL MKNI COUNTY OF DENTON X WHEREAS, the City of Denton, Texas and the City of Roanoke, Texas are both local governments with the authority and power to contract; and WHEREAS, the City of Denton Is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton Is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, the City of Roanoke desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the City of Roanoke, Texas,, and WHEREAS, the City of Roanoke and the City of Denton mutually desire to be subject to the provisions of the Texas Goverm of Code, Chapter 791, the Interlocal Cooperation Act, and contract pursuant thereto; NOW, THEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter staved, agree as follows; I A. COVENANTS OF THE CITY OF DENTON 1. Hold W of s and Cats. The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the City of Roanoke and to accept and hold dogs and cats brought to and released to the Animal Control Center from the residents of the City of " Roanoke under the following terms and conditions: 0 a. Hold Period for Does And Cats, The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is 0 not reclaimed within the ninety-six (96) hat period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. ;1 o r~ 0 A"* ~ txt, b. Holding Fees for lmuounded Dom and ata, For the purpose of this Agreement, the City of Denton will charge Six Dollars ($6.40) per day holding fee for each day that an animal is held at the Center, In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No anunal will be released until all applicable fees are paid in full. C. The City of Denton agrees to accept and hold rabid suspecte in quarantine for the City of Roanoke when conditions permit, and such action is authorized by a representative of the City of Roanoke d. Holding Fees for quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($1,00) per day for each day that the animal is held. C. Head Shipments and Rabies jg9jp¢ Upor. request of the City of Roanoke, the City of Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Heal ;h The fee for thi service shall be Thirty- Five Dollars ($3 5.00) for each head shipped. 2. The City of Denton agrees to request residence information from a person bringing or releasing animals to the Center in order to verify their residence in the City of Roanoke. This requested information shall include: a a The person's address and telephone number; b. The person's acknowledgment of his/her residence being in the City of Roanoke. B. C ,j Y,3NANTS r THE CITY OF ROANOKE 0 1 Fjnwci Responsibilities. In order to reimburse the City of Denton for its costs incurred under this Agreement, the City of Roanoke agrees to pay for the holding fees and euthanasia fees on dogs and cats received from the City of Roanoke or its authorized agent if th^ animal(s) is not reclaimed by the owner. These fees will be assessed on the following basis: ® a Euthanized Animal: i $6.00 per day holding fee for each animal as determined herein. ti f i • C> • t AW* b Adopted Animal: Oar $6 00 per day holding fee for each animal as determined herein, c. Head Shipments. $35.00 shipment fee. 2. The City of Denton will collect impound fees duly authorized by the City of Roanoke and as specified in this paragraph from the owners of dogs and cats received from the City of Roanoke. Impound fee monies will be applied to fees owned the City of Denton by the City of Roanoke for animals not reclaimed by the owner. IMPOUND FEE I st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - 545.00 4th Impoundment - $67.00 3. The City of Roanoke agrees paynrenrt shall be made within forty-five (45) days of receipt of invoice by the City of Roanoke, I I The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Demon's employees and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Demon. The City of Roanoke agrees to and accepts s full responsibility for the acts, negligence, and/or omissions of all of the City of Roanoke's employees and agents, and the City of Roanoke's subcontractors and/or contract laborers doing work under an agreement or contract with the City of Roanoke in performance of this agreement with the City of Deuton it is further agreed Ihat if claim or Lability shall arise from the joint or concurring negligence r of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the s • State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. 11 is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. j III J The fact that the City of Roanoke and the City of Denton accept certain responsibilities } relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection or the public health and welfare and, therefore, 14kes it Y j i, • O a • imperative that the performance of these vital services be recognized as shall be, and it is hereby invoked to the full extent possible under the law N ity of Denton nor the City of Roanoke waives or shall be deemed hereby to waive, any immunity or defense that ti would otherwise be available to it against the claims arising from the exercise of governmental functions. 4 IV ` The term of the agreement shall be for a period of one ( I ) year, commencing as of October I, 1995 and ending October 1, 1996. Thereafter, this agreement shall be renewed for successive additional one (1) year terms commencing on May I of each year if the City of Roanoke and the City of Denton agree in writing on or before the first day of May to a successive terms and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may i terminate this Agreement, upon thirty (30) days written notice to the other.' V This Agreement represents the entire and integrated agreement between the City of Denton and the City of Roanoke and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement maybe amended only by vaitten instrument sig.ted by both the City of Denton and the City of Roanoke. VI This Agreement and any of its terms or provisions. as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of'rexas V11 In the event that any portion of this Agreement shall be found to be contrary to law, it i€ the a intent of the parties hereto that the remaining t,ortions shall remain valid and in full force and effect to the extent possible. Vill S • The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in fill force and effect. FXECUTED in duplicate originals this the day of I i • 0 ' s • r THE CITY OF RO 000NWT &%Om--+....... 04" M~ Byz'E' ~ -c Maya Attest: City s,"t"y APPROVED AS TO LEGAL FORM: Byi_ City Avorxy THE CITY OF DEITiON, TEXAS By: Mayor Ahab City Sacretay APPROVED AS TO LEGAL FORM; By. Co A • 1 1 ~ 1 ~ i • C) Q r 3 i l DENTON oouooo O oo°° OF D °~oo 000~~ o~p d 0 pp0 r a N ~ ~ ~~O 0005 CITY COUNCIL F~ o r a • Amb No. t r Aptoda Item &fig wn. l1-~-9~ I a E CITY OF DENTON, TEXAS _300 WOODROW LANE DE_NTON, TEXAS 78205 TELEPHONE(817) 393.7593 t ANIMAL CONTROL/ CONSUMCR HEALTH CITY COUNCIL REPORT FORMAT 'r0: Mayor and Members of the City Council FROM: Lloyd V Harrell, City Manager DATE: October 12, 1995 SUBJECT: INTERLOCAI. AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE HOLDING AND DISPOSITION OF CATS AND DOGS RECOMMENDATION- Staff recommends the adoption of the ordinance. SUMMARY: The agrm tent states that the City of Denton will provide certain services to the County of Denton for the impoundment and disposition of animals brought to the City of Denton from the County of Denton, The city will hold these animals for ninety-six (96) hours if not claimed by an owner, At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption, The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. • For these services the County of Denton agrees to pay the fees set forth in the agreement: Six dollars ($6.00) per day per animal being held for the owner to claim, Seven dollars ($7.00) per day per animal being held for rabies observation. Fifteen dollars ($15.00) for each animal euthanasized. 0 r e Thirty-five dollars ($35.00) for each decapitation and shipment C U K'OD)s WPD October 12,1945 j i "Dedicated to Q14alitySSer4ce" 0 Interlocal Agreement: County of'Demon Page -2-Ap* N& Apr* pang Dab BA~ U&QUND: This is the fourth fiscal year that the County or Denton has requested an interlocal agreement for these services. The animals which have been brought to us from the County of Denton did not cause conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals front the County of Denton will not result in an increase in expenditures. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED; Animal Control Division County of Denton MCAL IWA 'T: It is estimated that the revenue from this program will be approximately twenty-two thousand three hundred sixty-nine dollars ($22,369.00). TNs amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year, Respectfully submitted; k -A -1 Io d 1'. Harrell City Manager Prepared by. --*~o- - - Nome Malo-Kull, alter Sumer Hcalth Animal Control) 01 Appro d by: Betty McKean, ecutive Director Municipal Servic Economic Development I CCRIM)DEMND (MoNy 12, IBS 1 i , • ca ~oaH~ nan on: ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREB" ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein, SECTION IL._ That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said agreement, SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTLRS, CITY SECRETARY BY; _ • APPROVED AS TO LEGAL FORM: HEREERT L, PROUTY, CITY ATTORNEY BY: Agenda nrn f. THE STATE OF TEXAS X X INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON X This agrew*m made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called CITY) and the COUNTY of Denton, Texas, acting herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereinafter called COUNTY), WHEREAS, CITY and COUNTY are both local governments with authority and power to contract; and WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citiztm of Denton; and WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the County of Denton, Texas; and WRFREAS, the provision of impoenndment and disposition of dogs and casts is a governmental finncdon that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the lnterlocal Cooperation Act and contract pursuant thereto; NOW, TFIEKLFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agrea as follows: D A. COVENANTS OF CITY! • I . }foldinYQjDoYs and Cats. CITY agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the COUNTY and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorporated areas of COUNTY under the following terms and conditions. • a. Rnldina ner' for Diggs and Cats. The CITY agrees to hold such dogs and • • NNALCONIXOI.•191'ERIMM.cc0er.RAItoNAURE NCENt' [)F,M ON COUNTY • C'I7 Y or OF. NI ON • neNCOIN.00 .UrAwka 6, 1995 s` *a A$" Ns. rterkr tom cats fora period of ninety-six 96 hows from the is n Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six hour period, the ownership of the animal shall revert wN the CITY and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Animal Control Supervisor. b. Holding Pam for Im9wndcQpL% For the purpose of this Agreement, CCTV will charge SIX DOLLARS ($6.00) per day holding fee for each day that an animal is held at the Center, In determining the rneudng of the term "animal", as used her* it is agreed that a pnepart wiPW which has its litter while being held, or an artimel which is nursing its litter and is being kept in the same cage, will be considered are animal for the assessment of charges provided for in this Agreement This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be rekasod until all applicable foes are paid in full. C. Holding of Quarantined Animals CITY agrees to accept and hold rabid suspaxs in quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY. d, Holding Fees for QigrawiaW Animals. The holding fee for quarantined animals shall be SEVEN DOLLARS ($7.00) per day for each day that the animal is held. e Upon request of COUNTY, CITY will provide for the removal asd shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health, The fee for this service shall be 7 HIRTY-FIVE DOLLARS ($35.00) for each head shipped. 2. CITY agrees to request and require residence information from persons bringing or releasing anirnals to the Center in order to verify residence in the unincorporated areas of Benton County. This requested information shall include, 0 a. The person's address and telephone number; and b. fhe person's written acknowledgment of their residence being in the unincorporated area of Denton County. B, COVENANTS OF COUNTY: ,1,MMM, CONTROL- IMIRLOCALM)PERA'110N A(MEENWAT [WIN10NC(ANn'•CIrY WMSTON•I)PN(:OnN%T1) S~mdxr 4, ] 99s s sA1' • L . k. woo I. riuncial RgWonsibiI4 in order to reimburse the Cl s incurred under ' this Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if an animal is not reclaimed by its owner. Fees will be assessed on the following basi s: a Euthanized Animal: So ' l per day holding fee for each animal as determined herein plus $15.00 . jinanasla Fee b. Adopted Animal: $6.00 per day holding fee for each animal as detemui:nd herein c Head Shipments: $35,00 - Shipment fee 2. CM will collect impound fees duly authorized by COUNTY and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of the COUNTY. Impound fee monies will be applied to fees owed CITY by COUNTY for animals not reclaimed by the owner. IMPOUND FEIi st Impoundment - $20.00 2nd Impoundment - $30.00 j 3rd Impoundment - $45.00 4th Impoundment - $67.00 3 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY. [1 • CITY agrees to and accepts full responsibili ty for the acts, negligence, and/or omissions orals of City's employees, and agents, City's subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said COUNTY. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of • County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an l 0 0 ANIILU XO \'IHOL 4VIE R LMAL CI AIPERA110N AOR)T ME NU DIA'I ON C01 M. 1' - 011 Y 01' nEMON WNC'OINA71) SEP3F..\II1P:R I, 1"5 • ysa1+ Ma+r agreement or contract with COU NTY in performance of this agreement with It is further agreed that if claim or liability shall arise from thejoint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shat! not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shaft be for the benefit of the parties hereto. III The fad that COUNTY and CITY accept certain resportibiliges relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare nukes it imperative that the performance of these vital services be recognized as governmental function and that the doctrhw of governmenW immunity shall be, and is hereby invoked to the full extent possible under the law. Neither CITY nor COUNTY waives or shall be deerr.-d hereby to waive, any imm utity or dense that would otherwise be available to it against claims aris€ng from We exercise of governmental functions. Iv The term of this Agreement shall be for a period of one (1) year coni me sing as of October 1, 1995 and ending September 30, 1996. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commeoing on October 1 of each year If the COUNTY and CITY agree in writing on or before the fast day of October to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes alt prior negotiations, representations, and/or agreements either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY, VI • This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. 1'1[ 1 In the event that any portion of this agreement shall be found to be contrary to law, it Is the intent of • the parties hereto that the remaining portions shall remain valid and in toil force and effect to the extent • • AMSGU COSIROL. INr (LOCAL COOPERATION AOREFMF.\T INiN*1'ON COl.MY • CITY OF MWON • [*,NCO[NMPm Sg6m6er 6. W5 • 0 • . NtaM ~ possible. Vili The undersigned oftlcer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED In duplkate orWaals this the 3 of O" bw DENTON COUNTY CITY OF DENTON ay~ Y. oaeley Bob Castleberry n County Judge Mayor r ATTEST: ti ATTEST: TIM HODGES Denton County Clerk By:_ cl~ 614 4 By:_ Deputy County Clerk City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: H sfts PROUTY City Attorney Assistant Dislria ttorney / City Attorney ANWAL CONTROL • INfERL()CAI. COUPF; RAT]O.Y AOAFE\o-; Nf I>ENiON CtA1NT5' • CITY OF tW.NTON • UPNCO[N.N'YI) - S.+pl.~l+cr 6, 1993 I s c0 r i DENTON 00oooooQOO~a Ooo OF DoOO oo°Al 00 o% 0 b ~ o u 0 p p O co Opp r ~ ~O~p 0000 ~ N , ~ o000 aooaanooo CITY COUNCIL . r o • o I I Carta wo. a 3 Aqw* DWO f~1LY COUNCIL REPORT TO: Mayor and Members of the City Councll FROM: Lloyd V. Harrell, City Manager SUBJECT: INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVIC,'S/FY 1996/96 DATE; October 23, 1996 RECOMMENDATION; An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the provisions of library services and providing an effective date. $UMARY: This Interlocal Agreement between the City of Denton and the County of Denton will provide a full array of library services free of charge to all residents of Denton County, Our library will serve approximate!, 17,776 library users who live outside of the Denton city limits. These Denton County residents will directly benefit from this agreement and will have the same library privileges as do City residents. OUND: BACKGROUND: ♦ The Emily Fowler Public Library has now served the County on a contractual basis for 26 years. While the level of County funding has never allowed the City of Denton to recover the cost of providing library services to out-of-city library userr,, the City has continued to provide services to the County within those limited resources, ♦ FICAL IMPACT; A For FY 1996/96, the County Commissioners voted to adopt a Denton County library funding formula which allocates approximately 31,20 per capita for each of the thirteen (13) libraries In Denton County. (Please see the attached t9hle,) • O ' i ta►' • I 2 rato._._.~ This funding formula Is based on North Central Texas Council of Government's population figures. The total FY 1996196 allocation of $114,791 Includes a 910,000 matching grant. Respectfully submitted: Lloyd V. Harrell City Manager Prepared by: i Eva D, Poole Director of Library Services Appro etty MCKe Executive Director Municipal Services & Economic Development • EP:dI AHH005AF • w tlwa Neil ow FY 1995-96 DENTON COUNTY ! LIBRARY FUNDING ALLOCATIONS PER CAPITA DESCRIPTION + 10,000 I 81.20 per capita LIBRARY •1996 TOTAL POPULATION us a match 810,000 aaaaaaaaaaa AUBREY 2,794 13,362 CARROLLTON 59,640 81,668 DENTON 87,326 114,791 FLOWER MOUND 35,847 63,016 FRISCO 1,268 11,522 JUSTIN 1,632 1 1, 959 KRUM 2,072 12,486 LAKE CITIES 15,067 28,080 LEWISVILLE 66,295 89,654 PILOT POINT 3,463 14,143 ROANOKE ` 8,306 19,967 SANGER 6,148 16,177 • THE COLONY 29,004 44,806 TOTAL 317,860 $511,420 i % INCREASE ABOVE FY96 FUNDING LEVEL 5,196 ® Total of City population according to 1996 Current population estimates from the North Central Texas r • J Coundl of Governments (NCTC06) plus number of County residents served by each city's locaf library. D1.000177 October 31, 1996 I } O Q • r 4" WV Of DENTON, TEXAS MUNICIPAL 9UIL0ING • 2f5 E. McKINNEY d DENTON, TEXAS 76201 (817) 5668200 # DFW METRO 434.2529 MEMORANDUM RATE; October 23, 1995 TO: Betty McKean, Executive Director Municipal Services/Economlc Development FROM: Eva Poole, Director of Library Services SUBJECT: INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES/FY 1955/96 The Interiocal Cooperation Agreement for Library Services for fiscal year 1995/96 with Denton County has been reviewed and approved by the Legal Department. This annual agreement by the Commissioners Court requires that we: 1. Develop and maintain through the Library one or more of the fallowing programs of service: • Educational and reading Incentive programs and materials for youth; • Functional literacy materials and/or tutoring programs for adults; • Job training/career development programs and/or materials for all ages; • Outreach services to eliminate barriers to library services; • Educational programs designed to enhance quality of life for adults; 2. The second requirement requests that the library send to the County a copy of • the annual report submitted to the Texas State Library and respond to the • • County's annual questionnaire as documentation of expenditures and provision of service. "Dedicated la Quality Service" ♦ O mods= -w ft" IMF Apo* 11W Betty McKean low October 23, 1995 Page 2 The Denton Public Library continues to meet and exceed the requirements outlined above. Due to an Increase In the County popuia, on served, the total allocation for FY 1995/96 is $114,791 compared to last year's County allocation of $113,330. I respectfully request that the City Council sign the Interlocal Cooperation Agreement between our two entitles in order that we may continue to provide quality library service to city and county residents. Eva Poole s • EP:dl AHHOO6A9 ~ 1 S r\\~ 1 5' ll [.`M ~i.l ~~.lt lei Q • f:;\WK*CSNMIn 1,IBAARY, CON W w IMF M~ ORDINANCE NO, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERV,TCES; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the Mayor is authorized to execute an agree- ment between the City of Denton and the County of Denton for the provision of library services under the terms and conditions con- tained in the agreement attached hereto, SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of _ 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYr APPROVED AS TO LEGAL FORM; HERBERT L. PROIITY, CITY ATTORNEY • - f BY i 44 q No. ow... STATE OF TEXAS, ) )ea, COUNTY OF DENTON. I INTlR*OC'_f• COOPZUTION AO!!l1QNT lOR LZiIiRY 8lRVZClg THIS AGREEMENT is made and entered into by and between DZUTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY Ol DRUTON, a municipality . of Dnnton County, Texas, hereinafter referred to as "Municipality." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Municipality; and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and WHEREAS, County and Municipality mutually desire to be r subject to the provisions of V.T,C.A „ Oovernment Code Chapter '791, the Interlocal Cooperation Act; and V.T.C.A „ Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as followsr fkNf0.V 1.1"M0.Y CONIAA(T 1995% I The term of this agre..ment shall be r the period from October 1, 1995 through September 30, 1996. II, ".or the purposes and consideration herein stated and contemplated, Municipality shall provide library services for the residents of county without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. Municipality shall develop and maintain through the Library one or more of the following programs of services Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outceach services to eliminate barriers to library services, Educational programs designed to enhance quality of life for adults, ~ IIT. County designates the County Judge to act on behalf cf County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute e shall insure the performance of all duties and obligations of ' r / County herein stated and shall devote sufficient time and attention to the execution said duties on behalf of County in Mq1`CMLIIP"NVC0(Wt1 INS" 7. l i • . mods NOR full compliance with the terms and conditio OM n , and shall provide immediate and direct supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. IV. Municipality shall designate Mr. D. root to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County, Municipality shall provide to County a copy of the annual report submitted to the Texas State Library and shall respond to County's annual questionnaire as documentation of expenditures and provision of service. V. The Municipality shall be solely responsible for all A techniques, sequences, procedures, and means and for the • r coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time j (WH 04 UNIAlY C 0111 0 I W1 % H 1 , , 1 i WAS 06, ARend~ ItEm .-~^r""~"~~ and attention of those employees nece $Ary for- execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI, The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.011(b). VII, County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. VIII, I The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality, IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor • • county waives any immunity or defense that would otherwise be available to it against claims by third parties, Wx ON uauRY WN"A(T IM Q i .f Yi 1 1 1 V~ i~; • Apr* County waives any immunity or defense that would fU;;;rse e available to it against claims by third parties. X. Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, servants, agents and representatives shall aL no time represent themselves to be employees, servants, agents, and/or representatives of Municipality. XII. The address of County is: County Judge, Denton County 110 west Hickory Denton, Texas 76201 Telephone: 817-565-8687 The address of Municipality isi City of Denton 215 East McKinney Denton, Texas 76201 Attention:Lloyd V. Harrell Telephone-, 817-566-8200 XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein, County shall • pay Municipality fees in the amount of $1,20 per capita totaling • ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED NINETY-ONE DOLLARS ($114,791.00) based upon North Central Texas Council of • I- w addition, the County agrees to pay Municipality an t), DIII exceed TEN THOUSAND DOLLARS ($10,000) in matching a following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match Municipality's additional funding in an amount not to exceed $10,000,00, Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. XIV. This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality I shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata j basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this • agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. i.~oN uaan~r cormurt iws.ve L n XV. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrtunent signed by both Municipality and County. XVI, The validity a t'is agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the law,o of the State of Texas, Further, this agreement shall be performable and all compensation payable in Denton County, Texas, XVII In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible, XVIII, The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties • hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect, O 00 IAERARY OOMRA" 19H % 7 i c I`" e • Moo 00 Executed in duplicate originals in ton Cc the authorized representatives, D~ COUNTY MUNICXPALITY By By COUNTY JUDGE Namb; Title; Acting on behalf of and by the authority of Lhe Commissioners Resolution N Court of Denton County, Texas Dated ATTEST% ATTEST; By BY Denton County Clerk City Secretary APPROVED AS TO FORM; APPROVED AS TO FORMi Assistant District Attorney City Attorney a APPROVED AS TO CONTENT; Director, Library Services j jj I r • i L: MARY COMRAR Mi i6 R i` t l " ° t I j F C ~ J ~LV rl • fi b Q r r DENTON oooa0a~ooo~000 o0 0 o 0 0000 000 N . ~DOO ~ aoa~o~ano . r r CITY COUNCIL 0 0 Apends No, . Aptnd: tN,m Dm ,d CITY of DENTON, TEXAS MUNICIPAL BUILDING • 2 f5 E. McKINNEY • DENTON. TEXAS 76201 (817) 566.8200.OFW METRO 434.2529 CITY COUNCIL FO TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 6, 1995 SUBJECT: Approval of Ordinance to Enter Interlocal Agreement with Texas Department of Transportation for Design and Construction of the Denton Branch Rail Trail $EC0MMENDATIO7~: Staff recommends adoption of an ordinance .,uthorizing the City Manager to execute an Interlocal Agreement with the Texas Department of Transportation for the design and c. ,etruction of the Denton Branch Rail Trail project. i $_Ur4M : On June 29, 1993, Council authorized the City Manager to purchase approximately eight miles of the MKT railroad right-of-way leading southeast from downtown Denton to Lake Dallas (Attachment 1). The purpose of the right-of-way is to preserve a valuable transportation corridor and convert the railroad right-of-wa,+ into a hike/bike trail (Ordinance 93-117). On August 31, 1993 (Attachment 2), council authorized the submission of the eight mile rail right-of-way to be considered for development funding under the Intormoda.l Surface Transportation Efficiency Act of 1991 (ISTEA) (Resolution R93-050). on April 28, 1994, the Texas Transportation commission selected the Denton Branch Rail Trail project for funding. The City must -enter into the Interlocal Agreement contract to proceed with the project. M BACKGROUND: The ISTEA of 1991 contains a provision for enhancements to transportation projects beyond conventional highway construction. Bicycle and hiking trails and re)storation of historic transportation structures such as railroad stations are eligible on an 803 federal, 203 local match funding program. The city submitted an application to fund development of the eight ® miles of rail right-of-way into a bicycle and walking trail, along with moving and restoring the Union Pacific Frsight Depot to a new • location on the trail. The project's total cost is $435,000 of 4 which $87,000 is the City's share ($14,900 for design, $72,100 for construction). Bidding of the TXDOT project is projected for July 1996 with completion January 1997. "Oedieured to Qualinv Service" k Interlocal Agreement TXDOT October 6, 1995 Page 2 Apab mm OMI PROGRAMS DEPARTKF. S gji~R0P3 ARFECTED7 Currently, the Parks and Recreation Department is *aUMininq the acquired railroad righ•- of-way at a Classs C level (once/month). After development, selected areas for trail access will be reclassified to Class B (once/10 days), The Water Department maintains water transmission lines in the right-of- way. No impact is expected on their operations. FISCAL IMPACTS The 204 local share of $87,000 for the project is to come from interest money on 1986 Parks and Recreation CIP Bonds, per recommendation by the 1991 Committee, Maintenance and operation funding is currently available in the Parks division budget at Class C level. completion of the project is projected for January 1997. Re4d*V.Harre7Il, Submitted: LlCity anager Prepared byi GE' / Ed Hodn y, D re or Parks and Rec ation Approv JA. • Bett McKea0EXec:tive Director Municipal se vices/Economic Development AJJOOBC7 3 1 • Y. \MP00CS\4M\IIAI L. TOLL Apr* f DMS ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF THE DENTON BRANCH RAIL/TRAIL PROJECT] AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr SECTION-J. That the Mayor is hereby authorized to execute an interlocal agreement between the City of Denton and the Texas Department of Transportation for the design and construction of the Denton Branch Rail/Trail Project, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as provided in the attached interlocal agreemr-'•. it, hereby authorized, I 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: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ! !cr ~4 c s S A • AW& No, STATE OF TEX: kS ' AWAI n"^ om COUNTY OF TRAVIS AGREEIM ENT Surface Transportation Program Transportation Enhancements THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, acting by and through the Denton City Council, hereinafter called the "City". WITNESSETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodai S Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner, and • WHEREAS, Title 23 U.S.C. Section 104 establishes a Statewide Transportation Enhancement Program ("STEP") to enhance the intermodal transportation systems and f1kilities to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning s • • Organizations ("Ml'O's") and the Stales' Transporsation Agencies develop transportation Page 1 of 13 • 0 • c> Apendat No. Aeende item plans and programs for urbanized areas of the State; and 0e' WHEREAS. the State and the City desire the improvements of Denton Branch Rail/Trail, as shown in the attached "Exhibit A", hereinafter identified as the "Project"; and WHEREAS, Title 23 U.S.C. Sevion 120 establishes that the Federal share of funding for STEP will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the rules and procedures for the selection and administration of the Statewide Transportation Enhancement Program is established in 43TAC, Chapter 11,200; and WHEREAS, the City has offered to participate in the development and construe ion of the Project by providing the non-federal funding share, preparing or causing to have prepared the preliminary engineering and design plans, acquiring the necessary right-of-way, providing relocation assistance, preparing right-of-way description and value determinations, accomplishing the adjustment of utilities, condemning property, providing oertifications, providing environmental mitigation and providing other necessary items as required by the State; and WHEREAS, on the 31st day of August, 1993, the Denton City Council passed a Resolution No, R93-0500 attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the Federal cost share, prepare or cause to have prepared the preliminary engineering and design plans, review the engineering and right-of-way related items, let the construction contract, provide the construction inspection, and provide other items as required; and WHEREAS, on the 28tb day of April, 1994, the Texas Transportation Commission passed • Minute Order 103709, attached hereto and identified as Mxhibit C", authorizing the Project through the State Transportation Improvement Program; Page 2 of 13 • a~ • r AMnU Ms, rlpn~ tnm AGREEMENT t>Jtn,___ - a NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows; 1. CONTRACTPERI This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCQFE OF PROTECT A. The State and the City agree that the scope of the Project shalt be limited to the scope authorized by the Texas Transportation Commission. B. The City will continue to provide maintenance for all the facilities within the limits of the Project until the State's award of the construction contract 3. ,ACQUISMON OF RIQHT-OF-WAY & The City shall assume all costs and perform necessary requirements to provide title in the name of the City to the desired right-0f--way required for the construction of the Project, which title shall be acceptable to the State, The City shall provide all right-of-way free and clear of all improvements and/or encroachments. The City will comply with and assume the costs for compliance with all the requirements of Title Q and Title lIl of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 , U.S.C,A, Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the right-of-way to the City, and benefits • applicable to the relocation of any displaced person as defined in 49 CPR Part 24.2(g), Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in addition to normal right-of-way as may e • be indicated on the approved right-of-way map. The City will be responsible Page 3 of 13 • 0 ra • t~ roj lea ~_r for any additional right-of-way rewired for the completion of the P MM B. In the event the right of-way is donated to the City spa the date of S e the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be creditsd towards the City's financial share towards the cost of the project. The City shall comply with the property donation requirements established in Title 23 U.S.C. Section 323. C. The State will not reimburse the City any funds in the event the right-of-way was purchased before execution of this agreement, 4. FLIGHT-DE-WAY DES fP O The City shall prepare right-of-way maps, property descriptions and other data as needed to property describe the right-of-way which the City is to acquire N the project. The right- of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of--way. Tracings of the maps shall be retained by the City for its permanent records. S, jrrn.ITY D 1STMENTSIRELOCATIONS If the required right•of wsy encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant wdl establish the necessary utility work and notify the appropriate utility company to schedule their adjustments, The City shall be responsible for the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and ♦ procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. r ♦ Page 4 of 13 . Awd, W. ,.,,.r 6.DETERMINA3ION OF RIGHT-OF-WAY V I. JER Ap Wa Ilan We The City agrees to make a detertnination of property values for ea~ 1 methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values, Expenses incurred by the City in performing this work may be eligible for reimbursement afa the City has received written authorization by the State to proceed with determinafon of right-of=way values, The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review, 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsiaibty at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of Us peadens for each case in the name of the City, and in each case so filed the judgement of the court will decree title to the property condemned to the City, 8, COURT COSTS, COSTS OFSI'E . AI. COMMISSIONERS' HEARINCIA Court costs of Special Commissioners' hearings assessed against the City in condemnation • proceedings and fees incident thereto will be paid by the City, Such costs and foes incurred after written authorization by the Stale to proceed with condemnation will be eligible, for reimbursement at an amount not to exceed 80 percent (80%) of the actual cost under the established reimbursement procedure provided such costs and fees • are eligible for payment, • • Page 5 of 13 • • k9endl NO, 40da rem , 9, RM B TRS . ENT FOR tGHT.OF'-WA`s COSTS Reimbursement will be made to the City for right-of-way purchased in not to exceed 80 percent (80%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed 80 percent (800/6) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses insured in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed 8o percent (80%) of such dosunmted coats. If condemnation is necessary and tide is taken as set forth heroin under the section entitled "condemnation", the participation by the State shall be based on the final judgement, oonditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notioe being biven as to all action taken therein. to. CER'OCAnox The City shall provide to the State forty-five days prior to the construction owbut let date, a oertific abon that all right-0f--way has been acquired, all envir+onmentsl problem have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction, ll. ENVIRONriiENTAL IITIGATION 1 A. The City will be responsible for the mitigation and remediadon of any environmental problems associated with the development and construction of the Project. The City ahall provide w the State written certification from the appropriate regulatory agency(s) that the • environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. s B. All costs associated mih the rernediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed e or credited towards the City's financial share of the Project. • • Page 6 of l3 Y 1 • no as nnc,d~ 12. ARCHMEMRA"NGTNEERING SERVICES A. The State will be responsible for the furnishing of the architeoturaVengineering services necessary for the development of the Project. Development of the Project may include environmental assessment and holding of P. public mating and/or public hearing. The State will be responsible for providing these required services. The State must comply with applicable Federal riles and procedures in the selection of its consultant, B. The architectural contract documwts shall be developed by the City or its consultant in accordance with the U.S, Department of the lnterioes "standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and in consultation with the State Historic Preservation Officer. The engineering plans shall be developed by the City and or its consultant in accordance with the State's "Standard Specifications for Construction of Highways, Streets and Bridges" and the AASHTO "Guide for the Development of Bicycle Facilities". 13. PROJECT FUNDING A. The estimated cost of the Project is $435,000,00, B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project, an amount not to exceed 348,000.00. or 80 percaut (8M) of the total cost to complete the Project, whichever costs less. The The City will be responsible for the nun-federal participation costs associated with the Project. C. Upon execution of this agreemma the City will remit a check or warrant nude payable to the " Texas Department ofTransportation" in the amount of $14,900.00. This amount is based on 20 percent (20%) of the estimated architectural/engineering costs and State • admiAstrativo cost. The funds will be utilized by the State to review the architecturallengincering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the state vrill notify the City that its financial share for the construction for the Project is required, The • City shal!.emit a check or warrant in the amount established by the State within thirty (30) r • • Page 7of13 ..l y • c.a v days from receipt of the State's written notifications to the address provi E. In the event the State determines that additional funding is required by t• - time during the development of the Project, the State will notify the City in writing of the additional amount. The City will mar , payment to the State within thirty (30) days from receipt of the States notification. U an completion of the Project, the State will perform an audit of the costs and any funds due the City will by promptly returned. 14. CONSTRt1 MON RE SPONSIRtI_I'1M A. The State shall advertise for construction bids, issue bid pwoosals, receive an tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any change orders, supplemeotal agreements or addidonal work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. Upon Completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. 15. Upon completion of each of the Projects, the City will assume responsibility for maintenance of the completed facility. Should any manufacturer warranties be extended to the State as a result of this Project, the warranties shall be transferred to the City. The State shall not be held responsible for honoring any warranty under this agreement. 16. 0 RSHIP OF DOCIR&NTS Upon completion or termination of this agreement, all documents prepared by the City o shall remain the property of the City, All documents prepared by the State shall remain the ; property of the State. All data prepared under this agreement shall be made available to the t State without restriction or limitation on their further use, All documents produced, approved or otherwise created by the City shall be transmitted to the State in the form of photocopy reproduction on a monthly basis, r A • Page 8 of 13 • r I Aprnda No. 17, TERMINAT~:N Aoenda ilrm A. This agreement may be terminated by any of the following condi . (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfil l the obligation as set forth herein, B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this apmement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible broach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increase costs arising from the defaulting party, breach of contract or violation of agreement tams shall be paid by the defaulting party. 18. REMM This agreement shall not be considered as spmifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 19. IIYDEMNIFI .CATION To the extent permitted by law, the City shall indemnify and save harmless the State, its f officers, employees, agents and contractors from all claims and liabilities due to the r activities of the City, its officers, employees, agents and contractors performed under , its e agreement and which results from an error, omission or negligent acts of the City, its i officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from an) and all expenses, including attorneys fees and court costs which may be incurred by the } r • State in litigation or otherwise resisting said claim or liabilities which might be imposed on • i; Page 9 of 13 f t • 0 • c+ • +ts+ra, tb. the State as the result of such activities by the laity, its officers, a gFU=-W contactors. °a' 20. AbENDbgNIS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 21. The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 22. LEGAL MNSTRUCTION In crew one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity. illegality or unenforceability shall not affect any other provisions hereof and this agreement shall W construed as if such invalid, illegal or unenforceable provision had never been contained herein. i 23. NOTIMS All not; cis to either party by the other required under this agreement shall be delivered personally or sent by certified or US, mail, postage prepaid, addressed to such party at the following ret~iactive addresses: State; Texas Department of Transportation P.O.Box 3067 • Dallas, Texas 75221-3067 An: Brenda Callaway City: City of Denton, Packs & Recreation Dept. 321 E. McKinney • Denton, Texas 76201 • Page 10 of 13 Art: Mayor Castleberry r • G3 • Agenda No Aoenda Item All notices shall be deemed given on the date so delivered or so deposi i the maiL unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 24. SOLF A(YRFEMENT This agreement constitutes the sole and only agreement between the parties hereto and ' supersedes any prior understandings or written or oral agreements respecting the within subject matter. 25. INSPECTION OF BOOKS A RPr-QRni Tho State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the wore performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs mcw7ed under this agreement and shall make such materials available to the State, Federal Highway Admiaistration (FHWA) or their duly authorized representatives for review and inspection at its offence during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of amalcing audits, examinations, excerpts and transcriptions. 26. OMB AUDIT REQUI R NTT The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, enaning that the single audit report includes the coverage stipulated in paragraphs 6, 8 and f • 9 of OMB Circular No. A-128. 27. The City shall adhere to the procurement standards established in Title 49 CFR Part 18,32 and tb?: property management standards established in Title 49 CFR Part 18.36. • 28, CVMRl4HTSCOMPr. AN F • • Page l i of 13 • o ry i` 0 I The City shall comply with the regulations of the Department o Tsltalieent'f1r' relate to nondiscrimination (49 CFR 21 and 23 CFR710.405 (B 11246 titled "Equal Employment Oppoftunlty", as amended by Executive Order 11375 and as suppler rated in the Department of Labor regulations (41 CFR 60), 29. DISADV NTA ;"D BLI,gINEcc E It`P IC . PR . AM Fnl Ttgp timENTq The City shall comply with the "Diadvaataged Business Enkrose Program Requirements" established in 48 CFR Part 23, Subpart D. 30. The City is prohibited bum making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12$49, Debam>cat and Suspension. The City shall require any party to a suboontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. • Page 12 of 13 r ; S t 1 IN TESM('N *OF,the Porten hereto have caused these duplicate ca,:, f APPO no The CiaC,of NOW Texas By: to fs Attest: msiooer THE STA TE OF TEXAS Enecsrted far the Fa"W" Director and "roved by the Tom T (m CMMjWon under the aWhp* of Minnie Order No. t t1W2 and Adminiaft*&e Circular 26-93, for the purpose and 05M of activating mad carrying out the orders, establiabed poUcia or work Pr'ognms heretofore approved by the Teams T boa Commission. 41 Ry: Robert ('~twller p p Date • Page 13 of 13 5 /:ll h t1 • Ga i S POOR QUALIFY WVM AWAf ! ~s Ile f ~ L ICT= • f, w4f r + Ct.lL I. a ..e 'fit ~ + ! . ai i Ir q ( It/ rags l i { i ti ' 1 is t . r ' 1' is • ~1~ Ae~ 64 TA 'L .10 ATTAC N16 5 PROJECTF OC' TION INFORM y. • _ ra • POOR QUALITY DOCO 4" , oil all RE X10 L't ` _a L` 1 a V a~~ J '7CJ/ Z ME CENTER I-, Ilk- blN _ • l i ~ / , ~ , e • ~ '_Y 10.E .e } ♦ (l Q iC ~ , ~ ~ SL } ♦ 1 `tl 1. f 0 = , ~y n r J 1 1r yyb^ Z.. J , TIA J , L31 Jos TO WUNG e nh 1 , J] ~ , . .S ' 1'y 1 l ' } -60 01 ',~ATTAG#fM£I~°T'S SRO ~,CT'LOCATIO)IN ORl~ttTfON 1 • • POUR QUALITY DQCUMM . ~ ff TRAiL ER RS-DIS I op STREET ACCES E DALLAS, 'lr° Kr° I t -PA'S^i QW GROVE •r>urur pI W I FARk ;Y,r ,.F i RI'SIDEN At nA' , w t H" Ipi602 ~J ~ rL, ••It r. ,a-, ~ -It 1!H 1~~11~'~~ • ~ t'~ d `~i 5~ 1 " s1 t r o;, t',f ~ , • CHEEK ARM i i,e1Ga i~lr.' _ ` n"• od ~ Ua Li u1 r t•~. , LVrf I ,,~✓/~-.,r7 j._. J`~ .V>1 ` ,P dN _ 7~ J`Y . 61 I ~ . ~ ~ y it` '~A I I poml ATTACHMENT 5 PROJECT L( AT f1 0 ,,1 f,' ° ~urrT • 0 • DENTON QoQaoaoa~oaooo o 0 d0 ~ 0 p~ 000 r ~ OOp ° N, ;961 °aooo~oDOO° • ® CITY COUNCIL r 10 • i w • i•i,r A " ~7 KIRK WILSON ' SC07T ARNIFY ~J...' ` PREGNCTB PHECINCI' i if .~.d %e 7 . t SANDYJACORS ,54 DR CINC[L1 PRECINUT2 DENTON COUNTY COMMISSIONERS COURT JUDGE JEFF MOSELEY August 15, 1995 The Honorable Bob Castleberry City of Denton rl 215 East McKinney Street Denton, Texas 76201 Dec( Mayor Castleberry, The Issue of take safety has been a topic of concern with almost every community leader In Denton County over the past few years, and It has been especially prevalent during this summer season Like the City of Denton, Denton County is most concerned wl;h the number of tragedies that have occurred on our area lakes, The Denton County Commissioners Court recognizes and ti appreciates the actions you have taken recently In an effort to address lake safety concerns. t~ 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 issuer y:~t Denton County recently organized a task force made up of concerned t, citizens for their Ideas and input as to possible solutions to this problem. One of the recommendations from the citizens committee was to coordinate .i master plan for lake safety between all agencies with Jurisdictlon over the lakes, • ,A first step in coordinating efforts with area cities, we have enclosed a rough draft of an Interlocal agreement outlining the suggestions from the task force. We would be very grateful if you could revlew this Information with your council and uffer comments and suggestions o 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, develop enforcement laws, establish a single source for emergency not flcotlon, and establish a lake Safety Council, i COURTHOUSE: ON THE SQUARE: • 110 W. HICKORY • DENTON, 1EXA5 76401 y (8171066a1A63' (817166G1M88' !80013163189 1 1 r V • i • ,Yp* y1~rYI1 htlt V Lr~r.r+.. After hove. tlad the opportunity to revl•,> agreemeht,=M totward y6ut`wrIhin.domn►aht: to SdK*o ra•COap~h~r ld+ Commissioners Court, 110 W Hickory, Denton, Texas 76201, It would be very helpful if your count',: could provide their Comment$•W Wir}?t61;,11: If you would Ilke to speak with any member of Commissioners Court regurding 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, JEFF M E O T N COU E KI 771 L ON, COMM., PCT, M I SANDY JAC08s, COMM. PCT, N2 SCOTT A EY, OMM,, PCT. 0 3 r` DON HIL COMM. PCT. 84 • "V i S' • ® I ~1 ~ I, 11H~♦ fi,I,Y X1,1 ,f t 1 0 i w r !1; \BPU0CSWRIAIMN. SA f' W - ORDINANCE 00. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO INTERLOCAL AGREEMENTS FOR LAKE SAFETY TASK FORCE AND LAW ENFORCEMENT AT LAKE RAY ROBERTS AND LAKE I,EWISVILLE WITH DENTON COUNTY, THE CORPS OF ENGINEERS, AND VARIOUS OTHER MUNICIPALITIES AND GOVERNMENTAL AGENCIES IN THE NORTH TEXAS AR2A; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there in a need for increased additional law enforce- ment and law enforcement cooperation for safety on Lake Ray Roberts and Lake Lewisville; and WHEREAS, the City of Denton deems it to be in the public interest to enter into an nterlocal agreement to establish a Lake Safety Task Force on Lake Ray Roberts and Lake Lewisville with Denton County, the Co pa of Engineers, and various other municipal- ities and governmental agencies in the north Texas area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSc SECTION I. That the Mayor is hereby authorized to enter into interlocal agreements for bake Safety Task Force and Law Enforce- ment at Lake Ray ??.,berts and bake Lewisville with Denton County, the Corps of Engineers, and various other municipalities and governmental agencies in the north Texas area, after approval as to the form of the agreements by the City Attorney. SECTION II,_ That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the , day of , 1995. 30B CASTLEBERRY, MAYOR • i ATTEST: JENNIFER WALTERS, CIT't SECRETARY e BY: ti APPROVED AS TO LEGAL FORMr HERBERT L. PROUTY, CITY ATTORNEY 1 BY: cr. i 3 )1 Apo& we. t.AKY, RAY RORRRIS MU- R1.j)CA, " ^ . y This Agreement is entered into this day of , 1995, by and between the following governmental entities: The Corps of Engineers The U.S. Coast Ouard Texas Parks & Wildlife Cooke County, Texas Denton County, Texas x 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 Tioga, Texas The City of Valley View, Texas All of the above lured governmental entities are hereinafter collectively referred to as the "Parties", The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Its= Onvernmtnt Code, section 791.011, et seq., Gad the T8Ya9 I ncal l+nyetnment Cade, sewon 362.002, et seq., and all other applicable statutes. ' WHEREAS, there is a need for increased additional Jaw enforcement and law enforcement coo, :ration for safety on takes; and WHEREAS, the Parties hereto have determined that the best possible method for attacking the lake safety problem on Lake Ray Roberts, is an agreement establishing such cooperation by way of establishment of a Task Force; and WHF,RF.AS, the Parties desire to enter into this Agreement to provide law enforcement cooperation in connection with lake safety; and WHEREAS, each parry is authorized to perform the services contemplated herein; 14OW THEREFORE, In ecnsideration of the niumal cove Cants and the terms and conditions set forth below, the parties do hereby agree as follows: 1. 17he ties execute this Agreement for the purpose of creating and establishing the Lake Safety Task Force and providing additional forces for lake safety law enforcement. The Denton County Sheriff will be the coordinator of the Lake Safety Task Force created by this Agreement and wil'. be the central repository of the Parties' executed counterparts r 'tills Agreement. We Ray Roberts rnredocel Agnew, t for !aka Safely Task I nne and Law Enforcement Page I c:}ww+wm,wroas c~~rrnrnr,v;FSn,nvrssn a.aa V The Denton County Sheriff will also coordinate developing and implementi strings" Z~_,,, of laws as weft as Increase safety patrols, supervision of lake activi 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 re,-sort emergencies. Ill. All parties agree that with the development of the We 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 anew, 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 rendered 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 he dispatched. VI. This Interlocal Agreement for Lake Safety Taak Force and Law Enforcement shell be 'or a term of one year from the date of execution of all of the parties, The parties may agree to continue this by letter agreement at the expiration of the one year term for another year terns. A party to this Agreement may unilaterally (4,rminate its participation in this agreement only after providing ninety (90) days written notice of termination to the other parties, This Agreement may be ! wrminated 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. Lake Ray Roberta tdertocr,l Arretmwr for We Saftty Task Force and LA* FAAntnmo Pere 2 C.~wrx4 wWM)oCS"MT1'.(WANEUnE.uVASO LA, 0K • e Vlll. AWA No, APWA hm It is expressly understood and agreed that, in the execution f4NIS nor shall be deemed hereby to waive, any Immunity or defense that would rwlse' ava a e to t r agakut clalms arising 0 the exercise of governmental power 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 tertris, 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 unenforceaWlIty shall not affect any other term, sentence, paragraph at provision thereof, and this Agroemeru shall be constnrcd 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 he attached to and Incorporated into this Agreement. XII. F 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. XIII. This Agreement contains ail 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. • Xlv. i The undersigned officers and/or agents of the Patties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, and each party hereby cenifies to the other that any necessary resolutions extending said authority have been duly passed and are now In full force and effect. idke ,(ay Robedo tnurbtel Arnement roe LAW Se eery Task Font end Law Enrorcemem Pare J . C,iM'YwO+/01w/ ca>1COMMGTI,.UIrIAfE~II(SFQ,1 Alt 1 % • AM* 16, Attends mm IN WITNESS WHEREON, the Parties hereto have executed 1h4greement to e e ect ve u execution and dating by all of the Parties, U.S. CORP OF ENGINEERS U.S. COAST GUARD Authorized Signature Authorized Signature Due: Data: TEXAS PARKS • WILDLIFE COMM. DENTON COUNTY, TEXAS Authorized Signature County Judge Date: Date'. COOKE COUNTY, TEXAS GRAYSON COUNTY, TEXAS County Judge County Judge Data, Dater THE CITY OF DENTON, TEXAS 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 VIEW, TEXAS Authorized Signature Authorized Signature Date: - Date: take Rey Roberts 6Merloeef AyreemeN rvr takd serity Teek Force end t.ew Eof\xcemerd Pill 4 C.)Wr OWPDOCAC4)NTAA e\I.#A"Ark\1XMPA.Iu Y i • r a ltsm i.AKB. LFWMVn,1.R This Agreement is entered into this _ day of 1995, by and between the following governmental entitles: The Corps of Rngineers The U.S, Coast Guard Texas Parks & Wildlife Denton County, Texas The City of The Colony, 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 Like 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 hereinafter collectively referred to as the ePartlcs". The Parties execute this Agreement as hereinafter provided pursuant to the interlocal Agreement Act, Tsxes Ca m nt C , section 791.011, et seq., and the Tp:a. S al [3 v rnment r n&, sectlon 3610, 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 , 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 WHEREAS, the Parties 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 THEREFORE, j In consideration of the mutual covenants and the rerms and conditions set forth below, the parties do her.aby agree as follows: I L r 1 The Parries execute dds Agreement for the purpose of creating and establishing the Lake Safety Task Force and providing additional forces for lake safety law enforcement, J r.eke 6npevine hwedocal AgmnwM for Lake Way Teek Fore end LAw En(mewrw Pere I c.~wrenveawroay+cvn-rw~enu~ucranminsma, Lv • ' % • Apands No. Apenda Item IL The Denton County Sheriff will to the coordinator of the Lake Safety Task Force created by this Agiwrnelx 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 irwream 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 t establish and mottitor a single source cow system, including the posting of signage advising the public of a telephone number and marine radio frequency to report emergencies, 11L All partlrs agree that with the development of the Lake Safety Task Force that all area law enforcement agencies may provide additional :Aw enforcement members to investigate and perform follow-through prosecution duties regarding lake safety Issues, which may Include patrolling land area by vehicle, patrolling water arras, including, but nm 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 )r she is Involved in activities pursuant to this Agreement the same as though the services had been rendered 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. V1. This Interlmal Agreement for We 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 letter 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 (94) 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. V[L • Each parry 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 Unpevine lnredocel Agrtewnr roc We wefy Talc Flint and Lew Enforcement Peae a c:~wrwrkmweuocscot~re v~~.u:ct art rxsrn A Lv , p i Vill, AWOOllo. .....r An"dn Item It is expressly understood and agreed that, in the execution Nhis Agreement, no party waives nor shall be deemed hereby to waive, any immunity or defense WBuld Afaiw .4U'ivallab Coto 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 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 provisions contained In this Agreement shall for any reason be held to be invalid, Ilkgal, or unenforceable In any respect, such invalidity, illegality, or unenforcabllity shail 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, 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, MI. 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, Xlll, i 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 Corm or condition of this Agreement. XIV. 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 E certiFles to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. t We Onpevine Inmrla*l Arreer,rnl f'r W4 Saroy Tesk Fom and law Enrorc#Oenr p~ae ) C:9A?%%Np~wWp,~3,(;O~XrEACTJAKVAFE KMACY • p `t I • tN WRNFSS WIIERFAF, the Partia hemta love exxuted Lhia Agroeme t~*r11f/nM by 4 of the Putix. t ; 1). S. CORP OF ENGINEERS U.S. COAST CU Authorized Signature AuUwnzad Signature Date: Data: TEXAS PARKS R WILDLIFE COMM. DENTON COUNTY, TEXAS Authorizedl Signature County Judge Date: Date: THE CITY OF THE COLONY, TEXAS THE CITY OF CROSSROADS, TEXAS Authorized Signuure AWWrized Signature Date: Data: THE CITY GF DENTON, TEXAS THE CITY OF HICKORY CREEK, TEXAS Authorized Signature Authorized Signatu» Date: Date: THE, CITY OF HIGHLAND VILLAGE, TEXAS THE CITY OF LAKE DALLAS, TEXAS Authorized Signature Authorized Signature Date: - Date: THE CITY OF LAKEWOOD VILLAGE, TEXAS THE CITY OF LEWISVILLE, TEXAS - ' Authorized Signature Authorized Signature Date: Dale: • THE CITY OF LITTLE ELM, TEXAS THE CffV OF OAK POINT, TEXAS Authonzed Signature Authorized Signature Date: Date: e • 77JE CITY OF SHADY SHORES, TEXAS Authorized Signature Date: Lake Grapevine 4uedneat AireemerA fot Lake Sekty Terk FoRe and Law Felacernrnt Prig 4 c:~wPwMeawrnocY.COtrlel4TLFKEINC11gFa,1.LV I/~. n. I 1i, s I , a DENTON O~ap oho aQpp~oO , 0 0 o 0 0 o 0 4 000 r ~ ~ pp~ GUp ° N, ~ eO~po OGG 1 . • CITY COUNCIL r r ~ i r '.i , is i CITY COUNCIL REPORT FORMAT AP*NI0 00 . MOM DATE: November 7th, 1995 - TOt Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager SUBJECT: Proposed Street Name Change - Payne Drive RECOMMENDATIONt The Historic Landmark Commission and Planning and Zoning Commission recommenda approval. SUWMY/BAChG N i Recently, Roger Madsen, 3222 Darby Lane, suggested that the City research the possibility of changing the name of Payne Drive to "Windsor Drive" He stated that there are delivery problems due to the fact that the streets have different names but are aligned. The Engineering & Transportation Department has reviewed the request and supports the change. The endorsement is based on the following commentas - Current subdivision regulations require that developers maintain the same street name when streets are aligned. - There are no residences addressed on Payne Drive. - The name change would coincide with the current widening of Payne Drive. - In the future, Payne Drive will be extended to the I-35 service road, thus increasing through traffic. There is only one negative aspect of the proposed street name change, the road was named after landowners in the area. City staff contacted Roland Payne, 270111 Westgate Drive, and asked for his feelings on the matter. He stated that the street name had sentimental meaning to him, because of his family's history in the area. However, he did acknowledge the concerns of his neighbors pertaining to the street name conflict between Payne and Windsor Drive. Mr. Payne and Mr. Madsen were notified by mail of the proposed change and potential aoa on by the City. To date no feedback has been received endorsing or opposing the pzonosed charge from either affected party. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Engineering & Transportation Department, Area residents } FISCAL IMPACT: hone AO SUS EDt Pre ared by: ~ I Faul • • . ameon Engineering Tech II r Approvedt r a k D ctor Af Engineering & Transportation AEE004DB f f:\WPDDCS\0RD\RENAME.PAY f{pM4~ N0. A9tmd~ MIM ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF PAYNE DRIVE TO WINDSOR DRIVE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT,IQN I. That the street officially designated as Payne Drive, being a public street connecting North Bonnie Brae to Carriage Hi:l as illustratod in the attached Exhibit "A", which is incorporated and made a part hereof, is renamed to Windsor Drive. SECTION II. That the Director of Planning and Development is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTION_ 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, OITY ATTORNEY BY. I , 1 O 1 EXHIBIT A. _ 4V4 No, T VE~f4ATE - RINEY ROAD - w F a i r N Rename fhle eectl0 of road "Windeor Drlva" NO SCALE L-- - y w N LAW PAYNE DR. G enwv MAK nmumc UNIVERSITY IXt. VE ® 1 nt NE Elm- • . r ~ ®~a I Ia MAP MY OF DENTM, &-2.." e • xWdi 110. P&Z Minutes ~ October 11, 1995 D RA I Page 2 Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) II. Consider approval of the minutes of the September 13, 1995 meeting, Ms. Russell: Are there any corrections? Mr. Cochran: On page 10 it should say that we might "lose" points. Mr. Powell: I move that we accept the minutes as corrected. Mr. Cochran: I'll second. Mr. Powell: On page 20 Mr. Robbins talked about the philosophy of the regulations. I think that there has been a change in philosophy. Ms. Russell: All in favor please raise your hand. Opposed same sign. Approved. (6-0) Mr. Salmon: I need to make a correction for the record concerning changing the name of Payne Drive. I made a statement that wasn't completely accurate. I said that the name change was acceptable to the Payne's and more accurately stated would be that they would prefer that it remain Payne Drive but they do understand that there are problems with the name changing on the other side of Bonnie Brae. Ms. Russell: Thank you, it will be so noted for the record. III. Hold a public hearing and consider rezoning Lot 3, Block I of the John T. Campbell Subdivision from the Single Family-7 (SF-7) District to the Planned Development (PD) District and to consider approval of a Detailed Plan for the purpose of a garage apartment located at 1920 N. Bell Avenue. (Z-95-022) Ms. Russell read the rule of procedure for the public hearing and opened the public hearing. Ms. Donna Bateman: This request tonight is for a rezoning between Woodland and Roberts on Bell Avenue for the purpose of a garage apartment. The surrounding property • in this area is mainly Single Family with some duplexes to the west. This Is in a low • • intensity area that is 55% allocated, There are no public improvements needed. The Po- [locks started renovating their home In May of this year. On July 10th the Traffic Safety Commission approved their request for a circular driveway with no conditions. On • O • _ a. 0 r;penda tlo. npeeda Item P&Z Minutes September 13, 1995 Page 30 XI, Consider a recommendation to the City Council about the proposed name change of Payne Drive, west of Bonnie Brae, to Windsor Drive. A4}O Mr. Salmon: Roger Mattson who is a resident on Darby Lane came in and asked us if we MtNUr~S °F could change the name of Payne Drive to Windsor, It seemed to make sense, Apparently Uc7ak~ tlr Qr it is confusing to a lot of people who live out there. We went to the Historic Landmark t Commission and there was some historical significance because of the people who live out there. The Payne family owns a lot of property in that area, but the Commission felt that because of the confusion with the road changing names across Bonnie Brae that it was much more important for safety reasons to have a continuous Windsor Drive. They felt the historic aspect did not outweigh the safety aspect. We talked to the Paynes and they ' understand the problem and they indicated that it would be acceptable with them to change it to Windsor Drive. We are recommending that you recommend to the City Council that the name of Payne Drive from Bonnie Brae to its western terminus be renamed Windsor Drive, t Mr, Cochran: I move that we approve this? Mr. Powell: I'll second. Ms, Russell: Any discussion? All in favor please raise your right hand, Opposed same sign. Approved. (5-0) XII, Consider a recommendation to city council concerning the update of the Denton Development Plan. Mr. Robbins: We held a work session at your last meeting and we have amended that schedule to coincide with your recommendations. The staff recommends to the Planning and Zoning Commission that they recommend to the City Council that the Denton Development Plan be a major update and that a program is recommended and attachment to be followed. Ms. Russell: I recall that we wanted to move some dates up, Is this reflected in this? Mr. Robbins: Yes it moved up the process by a month. I am giving the Council two months to appoint a committee in October and November. If they appoint a committee in • October then they could get an earlier start. The update policy of the Plan says that it goes • to the Council in W, ober. The nomination and appointment process has not gone real quickly. We compressed the schedule by a month, Ms, Russell: Could we present this to them before October since they are finished with • Q • +a 1k. ,yma, oar. Historic Landmark Commission R Minutes of August 14, 1995 Page 2 I IV. Consider approval of a proposed street name change from Payne Drive to Windsor Drive, west of Bonnie Brae, Mr, Williamson stated that this request came from a citlzen's request. He also indicated Windsor Drive and Payne Drive Intersect Bonnie Brae at the same point, posing location problems. There is currently no one addressed off of Payne Drive. When the city annexed the area in 1%5, Payne Drive was a dirt road. Mr, Williamson stated that he talked to Roland Payne, heir of the Payne property in the area, regarding name change. Mr, Payne Indicated that lt had some sentimental value but he did acknowledge the fact that there Is currently some difficulty with the street changing names. Mr. Williamson reported that approximately three weeks ago he asked both individuals involved In the name change (the citizen and Roland Payne) to submit something in writing stating their viewpoints, Nothing has been received from either party to date, He added that the Engineering Department was In agreement with the name change. He recommended that it be corrected now while no one is addressed off of Payne Drive. Mr. Mark] moved for the street name change from Payne Drive to Windsor Drive, Ms. Cole seconded and the motlon carried unanimously (5-0). Ms. Byron abstained, • I i , , • • aw SUBDIVISION AND LAND DEVELOPME this Code the same as if set out at length in this section, unless the road is the sole access to the development, in which case the private road shall conform to the design specifications for public streets. d. Where any parking areas or spaces are to be used along or adjacent to the private road, the parking areas and spaces shall be designated and constructed in accor dance with the design standards applicable to parking lots so that the parking areas and spaces will not interfere with the use of any public streets, e. For the purpose of this section, a "private road" shall mean any open way used for vehicular traffic, not dedicated to public use and not part of a parking lot, designed and used to provide vehicular access to a development or lot. (14) Street names and suns. a. Street names shall be assigned by the developer, subject to planning and zoning commission approval, by placing the name on the plat. Streets which are to be In aliment with existing streets shall be given the same name, Names shall be sufficiently different in sound and spelling so as not to cause conflict or confusion, b. Street name signs shall be installed by the developer at all intersections within or abutting the development prior to the acceptance ofany street. The name signs shall be constructed, located and fustalled in accordance with written specifica• tions on rile with the city engineer, (15) Street lighting. a. All developments shall provide for lighting of all streets, sidewalks and public rights-of-way which are to be used for vehicular or pedestrian traiTic so as to ensure the safe use thereof, b. Streetlights shall be Installed within dedicated easements at all intersections, in cut-de-sacs and along all public streets at intervals of not more than three hun• a dred (300) feet. c. The required streetlights shall be installed by the city upon payment of the cost by the developer. No streets, sidewalks or other public rights-of-way required to be lighted shall be accepted for public use until the requirements of this section are met. (16) Fire lanes. All developments shall provide for fire lanes in accordance with article V of chapter 11 of this Code. (17) Sidewalks, a. The following requirements are adapted for the purpose of ensuring that each development provides for the sidewalks or walkways necessary to serve pedes- , 0 trian traffic to, from or across the development. b. All developments shall, within a dedicated right-of-way, provide sidewalks along both sides of all streets within the development and along one (1) side of all perimeter streets; except as follows: Supp.No.1 2403 i • G> O r i DENToN 0 Zz OF 000 QO~~ OO a o ED ~ 4 0 No O00 oQO o N , T tioooo °ooQanaaooo ® CITY COUNCIL r • • Ap* CITY COIINCIL REPORT FORMAT DATE: October 26, 1995 TO: Lloyd Harrell, City Manager FROM: Jerry Clark, Director of Engineering a Transportation SUBJECT: Speed reduction on Oakland (TWU) from 30 mph to 20 mph from Texas to Locust RECOMMENDATION: Staff recommends approval. SUNE,IAR.Y/BACKGROUND r John Erwin, Police Chief at Texas Woman'e University made the request, He said that pedestrian and vehicle traf€ic on Oakland Street has increased considerably creating a safety issue. This past Spring a pedestrian was brushed by a vehicle. PROGRAMS, DEPARTMENTS._OR OKOUPS AFFECTED: - - Two students, pedestrians, and the traveling public. The only businesses affected are in the northern corner of Oakland, Enforcement will be by TWU Police Department. Fl~CAL IMPACT: signage = $200 approx RESP T LY SUB ED. (2y - Har e City Manager Prepared by: _ f~!Y_ • L n Scobe dministrative Secretary j 1 Approved: • der ~®raof ngineering G Transportation • Di AEE004DH ;S • AOMda No, A0~ !bm C1b MEMORANDUM DATE: October 26, 1995 To: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Reduction of speed limit- on Oakland to 30 mph from its intersection with Texas Street to its intersection with Locust Street John Erwin, Police Chief at Texas Woman's University made this request for Oakland where it travels through the western portion of TWU campus. Vehicle and pedestrian traffic has increased considerably due to increased enrollment, etc. Safety issues have risen since there was a near brush of a pedestrian by a passing motorist. Staff observed that most vehicular traffic tends to ignore the dense population of walking TWU students. I TWU Police will enforce this zone. Strict enforcement measures will be used at no cost to the City of Denton, Tt should increase safety at the TWU campus and the loss of capacity should be minimal. over 95~k of the surrounding property is owned by the campus, Therefore, staff recommends approval. • Jer Clary AER005ER t y • 400 Traffic Safety Memo August 14, 1995 page 4 ITEM #5 SPEED REDUCTION ON OAKLAND (TWU) FROM 30 MPH TO 20 FROM TFX__AS TO LOCUST: _ Denton has an ordinance that provides general zones for schools, libraries and parks - 20 mph speed reduction zones. The current standard for speed zone enforcement, per our legal staff, is that each zone have a specific ordinance. This is so it can't be thrown out of court. Hell Avenue from US 380 to Texas street is currently zoned 20 mph. This request is for Oakland where it travels through the western portion of. TWU campus. This area seems to hove even greater pedestrian loading and dust as many parking, lots for students, faculty and employees. Field observation shows that some of the traffic ignore the dense population of walking TWU students, TWU Police will enforce this zone and have stated they have the adequate staff. Radar checks and other strict enforcement measures will be used at no coat to the City of Denton. It should greatly increase safety at the TWU campus and the lone of capacity should be minimal. Capacity hasnFt been a concern to date as Oakland serves TWU primarily. TWU estimates they own 95t of the property along both aides of the street between Texas and Locust. Staff feels this speed zone will encourage students to use TWU lots off Oakland and encourage local off campus students to walk. Staff recommends approval. AEE00593 i r • Aatnd~ loo. TSC Minutes llafG August 1995 page 5 ITEM #5 SPERM REDUCTION ON OAKLAND ITWU)_ NROM 30 MPH TO 20 11PH FROM TEXAS TO LOCUST; Clark said this again is a petition by Texas R'oman's University Police Department and Administration. Oakland street boarders TWU on the went Bide. It's characteristics are more of an internal circulation street for TWU. One of the things Denton had in the past was a general ordinance that made roads adjacent to campusen, whether public schools or colleges, 20 mph automatically, When all the new enforcement laws went into affect, those general lawn don't work well and get thrown out of court. Oakland has been functioning at 30 mph for several years. If you drive through there, there is a huge amount of pedestrian traffic, parking lots, and major buildings where students are trying to access. There are also seminars, events, and dinners at Hubbard Hall that are traffic generators. Staff feels that it really is functioning as an internal street. The other issue is capacity, when you are looking at reducing speed on a road, you ask are you going to hurt the capacity and divert traffic? An area where staff has done the opposite and had a very positive affect is Windsor Drive. Windsor Drive was 20 mph. It was causing traffic to divert through some area neighborhoods. Now that it's 30 mph it's carrving traffic the way it should keeping people out of the neighborhoods. Staff doesn't feel this will hurt traffic. The volumes will be more than handled with the speed reduction. Another good thing about thin in that traffic enforcement will be done. by TWU Police. TWU would handle the ticketing and those sort of issues. The City may have to adjust the current contract. They are agreeing that TWU will handle all the enforcement. They have the people and do a very good job. An example of that in Bell Avenue, people drive 20 mph. i TWU also estimates that they own 904 of the property on both sides. Staff requires 804, The only private owners are in the corner on Oakland. If you've ever tried to get out of their parking spaces, it is very difficult, so this would be positive for them as well. John Erwin, came forward. He said they have snproximately 1,200 parking spaces along that roadway. As you can imagine, the pedestrian and vehi.,le travel on that street is quite heavy. The only businesses are in the northern corner. They are nmall businesses that have 90' spaces. One of the problems is 'hat because of the 90' spaces, it takes more turning radius for them to get out in the roadway. There in a lot of conflict in that area at 30 mph. An for an enforcement, it doesn't have anything to do with the , • contract with the City. TWU has a concurrent jurisdiction with the • City on all the roadways. That is not an issue. 41Wu is enforcing the traffic lawn now and will continue to do that. The emphasis for this request is that TWU increased some spaces, allocations, traffic AEE005C8 i) a • AOMdI No. Ow TSC Minutes - - August 1995 page 6 increased on Oakland, and this Spring a pedestrian was brushed which started a fight in the street. More problems are arising that are contributed to speed. Clark said staff feels Oakland is functioning as a street that services TWU. Therefore, this speed reduction is justified based also on pedestrian and car crossing traffic. STAFF RECOMMENDED; Approval - COMMISSIONERS: Hobdy made a motion that the speed limit on Oakland street, from Texas to Locust street, be reduced frog 30 mph to 20 mph by ordinance. Jackson seconded the motion. Motion passed unanimously, • AEFroosce i i • • "t J, JAI r • Y] 1~ " Bob tl OAKLAND 1'=250' r~ 3 IIJ L) Ll /A 1 Imo) U/il nnEA 3 ~ ~~i~ Ll J ~f L-L' 1 IyIJ-` n o _ r/~ tin11 a fr~ f'!_, 40 f-] T ZZZ 1 ~ a ",7,7It iii%1 i a [!f ~i C 1-/ rARY Zj 01. r- 61 rl ~a Z-A E'er FD ri C) Ld f n TLXAS r L'] • ail. F Ilt~ J ' 7-_of (7t j /3 '1 • J1 i] ~:f , L J F~ U~I / ~f ❑1 C V-) SPEED REDUCTION[ OAKLAND STREET FROM TEXAS TO LOCUST 30 MPH TO 20 MPH • o • • X l,XPl"':5\OP,fJ\XSNVFOR.O A00a 6. ORDINANCE NO. _ AN ORDINANCE REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A PORTION OF OAKLAND STREET FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. Based upon an engineering and traffic investigation heretofore made as authorized by the provisions of section 169, Ar- ticle 6701d, V,T.C,A „ the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling upon the following named streets, or part thereof. The, location of said speed zones are as follows: Both directions of Oakland Street from its intersection with Texas Street to its intersection with Locust Street. SECTION II. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding these speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars (8200.00). i SEC'T'ION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity w SECTION IV, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the - day of 1995. • s BOB CASTLEBERRY, MAYOR - „ AP* , so ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • , r 1 ~ . ....r.~w.....o...~.~ 1 ` , ~ qtr' 0 1 r • • Srv' v rf/ F r7 a ~/T~`~p*ur i,i ri v, . 4? O 1 E f!f I i DENTON oooooaaaaooo7 ppd~~ ~o~~D Q ,y o 0 0 { ~ 4 o d DOO ~ ~ ~co ppb pQO r o N ~ ~ ADO . CITY COUNCIL 1 Q AP* Mrs lez qM MEMORANDUM DATE: October 30, 1995 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: No parking on the east side of Locust between Oakland and University Drive John Erwin, Police Chief at Texas Woman's University made this request, This section of street is narrow with two through lanes and two parking lanes. TWU has observed several instances where students open car doors into traffic. The safety would also be enhance at the intersection of US 380 where it transitions into ! four lanes, TWU has adequate onsite parking for their student population. All the property in the area is owned by TWU so there is no negative impact on businesses, Staff recommends approval, Je r Cla k arsooses 7. e CITY COUNCIL REPORT FORMAT DATE: October 70, 1995 TO: Lloyd Harrell, City Manager FROM: Jerry Clark, Director of Engineering and Transportation SUBJECT: No parking on the east side of Locust between Oakland and University Drive RECOMMENDATION: Staff recommends approval. SUMMARY/BACKGROUND: John Erwin, Police Chief at Texas Woman's University made this request. TWU students are provided adequate permitted lots, This section of street is narrow and contains two through lanes and 2 parking lanes. TWU is concerned that students open car doors into traffic. Removal of parking will also aid the transition from 2 to 4 lanes that occurs in a short distance at the intersection with US 380, PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED: TWU students and Police Department FISCAL IMPACT, $200 for signage ULLY S M TED; REAw. a Y0City Manager ~k Prepared by: , Administrative Secretary • Approved: Jer ar~C Dire r of Engineering 4 Transportation E!~ AEE004DB • AWN ft 04" No Traffic Safety Memo August 140 1995 page 3 E I ITEM 4 NO PARKINO EAST SIDE OF LOCUST BETWEEN OAKLAND AND UNIVERSITY DRIVE: This request from TWU is a positive move to increase safety and capacity on Locust Street in its busiest section, The people primarily effected are TWU students who o-ea this as clone free parking. TWU provides adequate permitted lots to cover their student population. Students who do park in this area open car doors and step into traffic moving approximately 35-40 mph, The street cross section, that contains 2 through lanes and 2 parking lanes, is narrow. Removal of parking would also aid the transition from 2 to 4 lanes that occurs in a short distance at the intersection with Us 360, TWU owns all the property in the area, so they are the entity that would experience all the negative impacts, As per City policy, TKU should be given primary consideration for parking and access to their campus. Staff recommends approval of this very positive request, +1 • I i I AEE00593 • ~ s ~ 1r i4 ~ J~,~ ~ ~r P'yltiy-,~~y++F'~~1i1C`,ti • p • A~rnM ren~ TSC Minutes August 1995 page 5 ITEM 4 NO PARKINO EAST SIDE OF LOCUST BETWEEN OAKLAND AND UNIVERSITY DRIVE; Clark presented the request. He said this is a request from Texas Woman's University. The primary reason they are asking for this is that it not only impacts the safety of people who park here but also those traveling up Locust from Oakland and University. Staff agrees that they should have a lot of input, it looks primarily, from our analysis and theirs, that most people who park along there are TWU students, North 1,ocust is a major arterial in the City of Denton, it carries in the neighborhood of 10,000 vehicle per day which is only one direction, The total couplet including Elm is 20,000 vpd. That will only grow. There is also a lot of congestion at the intersection of University and Locust, This would have a positive input on that. Mr. Erwin, who presented the letter, is here to speak to the commission. Hobdy asked if the University has adequate parking for students. Clark said yea. John Erwin, Chief of Police at TW11, came forward to address the commission. He said TWU recommends that this ordinance be written more from a safety aspect than anything else. They have received numerous complaints and different people calling saying that when people park against that curb line, they are opening doors into speeding traffic. There hasn't been any doors lost but it's just a matter of time. The traffic volume is high. The University owns all the property on that side of the street. No residents or { businesses are being deprived of parking. Bacon asked how much it coat for students to park in TWU parking i lots? is there any free parking? Erwin said there isn't any free parking. students and staff have to pay $32 annually. Bacon asked if that was per semester or year. Erwin said annually, Minnis said it's about time she doesn't have to dodge cars. Devine agreed. { STAFF RECOMMENDFD: Approval COMMISSIONERS: Minnie made a motion to accept the Locust street no I • parking between Oakland and University. Bacon seconded the motion. Motion passed unanimously. AEE0050 i % • M~ UNIVERSITY - L// A ~ < tF / F) 1'=150' / 1 Z_ iJ r71 } ~a t NO PARKING EAST SIDE OF LOCUST BETWEEN OAKLAND AND UNIVERSITY DR. [7111 7 i/ 1',~ r t 1l • 4, J VZJ t ~~l Jr OAKLAND -j r3 • c+ • Apmdt ftM DXN ORDINANCE NO. AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES Oil CERTAIN PORTIONS OF LOCUST STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; t SET N I. That when signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit; The east side of Locust Street between Oakland Street and University Drive, SECTION II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200,00), SECTION III, That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining Portions despite any such invalidity, SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. • SECTION V, That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be iI published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, • PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST; s JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY rJ . BY Y1 CL I • PAGE 2 i` i > ` r ~''v~ • f ~ Sit ~ ~iiY 'd1 ~~hf i G) O DENTON ~ooo0a~oaoopoo oo~: ~o Oo o 4 Q Q 000 0 ~ , e Op0 °aaQa~oooo°o ITS' COUNCIL 0 f I • [A&ezaz WMMOn - w MEMORANDUM DATE: October 30, 1995 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation r SUBJECT: No parking on the south side of Londonderry Street between Teasley Lane and Hollyhill Lane This is an area posted no parking by policy. The new "Court-of- Records" require that all type' designations be supported by ordinance, Council previously approved the north side on June 6th, 1995. Staff presented this to Traffic Safety its July 10th and August 14th meeting. All property owners and residents were notified. The north side of Londonderry is posted no parking too. These designations enhances the safety for both pedestrian and vehicular traffic because Londonderry serves as a collector street for this area. Staff recommends approval. Please advise if you need further information. Jer 11- • i c AEE005E8 f 4,~ 5V f t ~ 1l S AP06IM. CITY COUNCIL AWORT FORMAT DATEr October 30, 1995 TO: L'.oyd Harrell, City Manager FROM: Jerry Clark, Director of Engineering d; Transportation SUBJECT No parking on the south aide of Londonderry street between Teasley Lane and Hollyhill. Lane RECOMMENDATION: Staff recommends approval. MARY/BACKGROUND: Londonderry was posted no parking by policy. In order to enforce the no parking signs (court-of-record), an ordinance 4.s required. Staff notified apartment owners and residents. Two separate meetings were held with Traffic Safety to insure the bast possible locations were posted. Staff feels this is necessary to promote a safer travel'.ng environment for both pedestrian and vehicular traffic. PFCOO!?AIA9,_ DEPARTMXNTS, OR GROUPS AFFECTED: Police, Fire, and. Traffic Departments - Traveling public FISCAL IMPAC'T': signs were in place. Possibly $100 for additional n.ignage. RESP LLY S ITTED: o V. Harre e City Manager Prepared by: t • try Lois Scobas Administrative Secretary i Approved: Je4-yy , y lairk Di r of Engineering 6 Transportation AER004DB i { ~ ~.~1(k}aY s rr Traffic Safety Memo August 14, 1995 page 2 ! i ITEM 3 NO PARKING SOUTH SIDE OF LONDONDERRY BETWEEN TEASLEY LANE AND HOLLY HILL AND REMOVAL OF NO PARKING ON HOLLYHILL BETWEEN LONDONDERRY ANb WOODBROOK ON THE WEST SIDE, t This request is being reexamined to determine the beat location for parking versus no parking, The characteristics of Londonderry, as a collector street that routes moat of the northern part of 9outhridge to Teasley, is the primary concern in staff's opinion. The CIS map enclosed shows the west aide of Hollyhill betusen Londonderry. Eliminating no parking on Hollyhill could be possiole ' in about 200' of the 350' available. The southern 100' would be in front of residential property and in the worst part of the curvature along Hollyhill. This raises safety and compatibility concerns. The issues of providing multifamily parking on city streets needs to be considered, Additional parking is at risk because Hollyhill is functioning partially as a collector and the road curvature is significant. Eleven 01) spaces would be gained, if the first. 50' of corner c:.earance and the bottom 100' at Londonderry is protected. This is based on 200' and 18' parallel spacing. Staff feels that convenience versus numbers is more of an issue. Staff feels apartments should be self contained. Especially, if they increase their per unit occupancy or squeeze additional unite into complexes. Staff recommends against adding any on street parking. .t the commission feels the on street parking is needed, staff would prefer that it be added in the 200' area described above to make it safe and compatible as possible. s i AEE00593 r c i fit • APO& Ibm ITAIi__43 NO__kARKINO SOUTH SIDE OF LONDONDERRY BETWEEN T ILL AND REMOVAL OF NO PARKING ON HOLLYHILI, BETWEEN LONDONDERRY AND WOODBROOK ON THE WEST SIDE: Clark presented the request. He said this item is being brought back from the last meeting, The reason for that is apartments are 1 _ having problems with having enough parking on site. They now have more people driving per unit. what they are requesting is parking be left in front of their apartments. It was tabled so staff could get further information on Londonderry, This is in TSC packets. If TSC decides to add parking on the street, staff recommendsa that it only be done for the length of the apartments excluding the two single family houses. Staff also recommends that no parking be left on Holly Hill, This would establish an ordinance which has been a policy, If TSC feels the apartments need extra parking, staff recommends that it be added on Holly Hill starting at the intersection of Londonderry down to the single family houses. Staff doesn't feel it would be positive to add parking for apartments adjacent to single family residences, it would block their ability to function and have privacy. Devine asked Clark to review the rational for no parking all along the south side of Londonderry. Clark said the backup from last time was included with this packet. The real rational is that Londonderry is a collector street that feeds the major part of the northwest corner of Southridge. All most everyone in this area uses Londonderry to get to Teasley Lane. That probably will increase once Teasley is finished in the next couple months. It's important to minimize conflicts. When people park there, they are stopping out of cars, doors are opened into wide lanos of traffic, and people are backing out of parallel spots into traffic. The reason staff feels no parking shouldn't atop at West Minister is that it's better to have it consistent all the way. People know what to expect. If it's sporadic, it's confusing for the motorists. if TSC feelr, the apartments need parking, staff recommends it be on Holly Hill. The apartment owners did call the office and say they were strongly in favor of parking. Although, there isn't anyone present to address the commission. They do have onsite parking for their 'enanta and so they are looking for additional parking on the street. Devine said the way it's being presented is no parking on Londonderry and removal of no parking on Holly Hill, Clark said, the reason it, was advertised like that was to allow the commission flexibility. Last time the commission couldn't consider it because of the advertisement. That's not saying staff recommends it. It is • clearly to make everyone aware that it's up for consideration. coomes said the no parking on Holly Hill in by ordinance. Is that correct? Clark said yes. Devine asked if anyone was present to speak for or against the proposal. No one came forward, so discussion was closed from the floor. • Bacon said she is sympathetic to the fact that this apartment • • complex was built 24 years ago. People have more cars than they did then. It's a problem which is understood. But, responsibility needs to be kept where it belongs, it is the responsibility of the ARE005CB 3t ~ {l~r • r TSC Minutes August 1995 page 7 I apartment owner to provide parking for their residents. It's not the responsibility of the City. Londonderry is as wide as it is because it's a collector street, it needs to be that wide to move traffic, it should be kept open for the raffic, She is opposed to have parking on Londonderry. i Devine said the way this is presented it could be split out. No parking could be taken off Holly Hill. TSC really didn't discuss that last time. Minnis said she visited the site. It's nice to go down the road and not have to dodge cars. Bell street is the number one example for cars blocking a wide street. Most of us aren't driving Holly Hill. She would be more in favor of moving parking there. Although, she did get a comment from her daughter who lives in the apartment complex. the said "poor children" that they had to walk a little ways to get to their parking spaces, she would be more in favor of moving parking to Holly Hill. Miybe the apartments just added more people to their units creating the problem. She doesn't know how many are allowed to have cars. Hobdy asked how many cars would be accommodated by giving them a piece of Holly Hill? Devine said it is 11 spaces. Minnie said they only needed A. Clark said that was on Londonderry. Devine said the problem is they have 194 parking places which is abort 20 more than the city recommends. But, they have 196 cars, Coomes said he is going to change his vote from last time. Last month he wasn't prepared for the issue this was going to become changing a policy situation to an ordinance. He visited the site in the interim. He didn't think about the Holly Hill issue until the packet arrived. But, he knows where he stands on that. Some of the salient points of not having parking on Londonderry is it's collector status and high activity. He agrees that the city doesn't have to act like a parking lot. Essentially any obstruction in the street, mainly parked cars, creates an unsafe condition. He is going to oppose lifting the parking on Londonderry as well as Holly Hill. I Hobdy asked if the apartments have any recourse as far as adding spaces? Clark said they mentioned they have looked all over and 3 • feel their is no other spaces available. That's what they stated at the last meeting. STAFF RECOMMENDED; No parking on the south side of Londonderry and if parking was allowed that it be on Holly Hill. F C.OMMISStONERS; Jackson made a motion to write an ordinance for no parking to remain on the south side of Londonderry and that no change he made to Holly Hill. Bacon seconded ' • the motion. • Bacon, Martin, Hobdy, Devine, Jackson, Coomes, and Luce voted in favor of the motion. Minnis and Phillips voted AEE005Cb t n % • Ap0Y Om TSC Minutes August 1995 page 9 r no, Motion passed to establish a no parkiny ordinance on the south side of Londonderry. i j I • V AEE005CB i . yam, - • • A 1 ❑ Lli a 0 No Parking 3 Southslde of Londonderry O between Teastey & N C Hottyhitt L N Frl F-I z o❑ 0o O 0 150' 300' ❑ Emmor- 1'=150 • 4 , } s` ca • RY, 1 No, rm_ AD" No. A"Wo bm Wh---- - ORDINANCE NO. v AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES Old CERTAIN PORTIONS OF LONDONDERRY STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILTTY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit: The south side of Londonderry Street between Teasley Lane and Hollyhill Lane. SECTION II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200,00). SECTION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or carts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. • SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. • PASSED AND APPROVED this the day of 1995, ~ • i i BOB CASTLEBERRY, MAYOR ATTEST: • 0 , a(..j .t 3 S N n, 141, 1 l y ~°.i { R y APP No. AWJa item JENNIFER WALTERS, CITY S'GCRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: 1{GS~IZG(. i i I PAGE 2 o rrnda Item pate BOB CASTLEBERRY CITY OF DENTON MAYOR 715 EAST WKINNEY STREET DEMN, TEKAS 76701 - - Ms. Janise Larsen 900 Londonderry #210 Denton, Texas 76205 Ms, "rsen, thank you for your letter concerning the parking situation in Southridge and the Holiyhilis Apartments. Staff has examined this issue and considered the parking concerns that you raised. The intent has been to ensure that there is an adequate flow of traffic without unduly inhibiting travel along the thoroughfare you mentioned. For this reason, no parking signs were posted. Staff has also visited this issue with the Traffic Safety Commission and asked their consideration in this matter, However, the Commissioners were previously disposed that the "no parking" should remain in effect. As a citizen, you are more than welcome to visit with the Traffic Safety Commission and ask that they reconsider this issue. In fact, you may share with them In writing and during the public session many of the same reasons you mentioned to me. The Traffic Safety Commission would welcome your comments and concerns and t encourage you to contact Jerry Clark, Director of Engineering and Transportation, at 566-8506, to schedule a time to appear. A Thank you again for your interest in the City of Denton, Sincerely, U Bob Castleberry Mayor 1995 October 6 cc; Jerry Clark, Director of Engineering and Transportation • • A@Mh k . ~1 da he ^ it August 11, 1995 f~S `)u Mayor Robert Castleberry 215 E. McKinney Denton, TX 76201 1 Dear Sir. I know you are a caring and dedicated Denton cifizen as well as the Mayor of our wonderful city and you desire to do all you can to see that Denton prospers and is safe for everyone, that Denton is the best It can possibly be. One of Denton's greatest assets is its colleges. A lot of students come from Denton families, but the majority of the students are from outside of Denton. These students help the Denton economy as much or more than any other source. And I know, that you want to see It continue as such. Another area of concern is to keep our better communities looking beautiful and safe for the residence. This not only makes Denton great but it also reflects on you. I know that you do everything within your power to keep Denton as beautiful and safe as you possibly can. These two concerns collide In an area of our fine city. Several of our students that come to us from the upper class families have found their preference in housing Is found in the Southridge addition of town. These apartments are very well maintained and are appealing to the surrounding area. There Is one small problem that the complex has coine into battle with and that is parking. The popularity of these apartments has made the allotted amount of parking unable to sup, ry the needs of its demands. In front of this complex is one of the widest streets in [own, If measures about 42-112 feet wide which is more than enough to accommodate the now of traffic II services daily. This area has always been zoned to allow parking in front of this complex. Nevertheless, the city has placed No Parking signs along this complex and we have been unsuccessful in getting this problem resolved, Some of the residence now are parking on the street because they have no other choice in parking. They have received numerous citations which rime residence have found that the city will dismiss these because this street is zoned for parking. Is It lawful to have No Parking signs in an area that has no ordinance against parking? Recently the signs have been replaced on the opposite side of the street in front of Forest Ridge and they have stopped parking in front of that complex. We have noticed that that has opened the street up more and now this road has become a speedway for the through traffic. Before the traffic seemed to move at a safer pace, feel that if this matter Is not handled properly that eventually the upper class residence that reside here will be forced to other areas and this complex will end up leasing to more undesirable citizens and that will not only hurt this property but will flow over Into the surrounding area. This will make the crime increase in this area and the women and children will not feel safe, You can see where this can be a concern. • 1 I just pray that you will find it in your heart to help us resolve this problem so the residence of the Hollyhills Apartments can have the parking they so much need In front of their complex. Also, please look at the situations of the other apartments along this street, Thank you so much for your time and consideration in this matter. If you need any further Information or wish to discuss this matter with me or the management of the complex Jodi Shephard, manager, can he reached at • 382-6774 or I can be reached at 387-1099 extension 308. R}espcclfully, p 1f(1/1'!A/.sP~ ,~I,f,VU1P/l b Q • n r DENTON oQOOoaaQOOOOOo oo°~ 4.- 000 OG ~ o c~ 0 0 o ~ C o o 0 000 r ~ ~ ~OOp oooQ ~ N , z 0000 ~aoooaaoo I o CTY COUNCIL 0 t • O CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Consider adoption of an ordinance authorizing the Mayor to execute f Amendment No. I to the agreement between the City of Denton and HOPE, Inc. dated November 15, 1994 to allow for additional time for expenditure of funds. RECOMMENDATION: The Community Development Staff recommends approval, BACKGROUND: HOPE, Inc. has requested an extension of the 1994-1995 contract to provide services to the homeless or potentially homeless, The current contract was ei cocuted on November 15, 1994 and ran from October 1, 1994 to September 30, 1995. Due to various factors, HOPE, Inc. has not spent all 1994 funding. 11 is projected that all funds will be expended by December 31, 1996, This ordinance will amend the 1494 contract to extend the term until December 31, 1995. The 1995-96 contract term will begin on January 1, 1996. Staff Is working with all agencies to adhere to a standard contract term of October 1 through September 30. } PROGRAMS. DEPARTMENTS OR GRUPS AFFECTED: Program Beneficiaries HOPE, Inc, Community Development • FISCAL IMPACT: The contract and funding had been appro%ed previotrsiy, CDBG and Oenerat Fund monies were allocated to the actEity, No additional fiscal impact is anticipated. 0 • O. p ; • A AS W DAM Respe y sub Itf ; Lloyd V. Harrell City Manager Prepared by, Dertirk Collins Human Services Coordinator Approved: Frank Robbins, AIC Director for Planning and Development • f 7j 5 • w • AWAR MM Dill ORDINANCE NO. 4 -._10'] AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. AUTHORIZING THE EXPENDITURE OF FUNDS FOR ASSISTANCE TO HOMELESS FAMILIES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the city to provide public funds to HOPE, Inc., in consideration of the valuable public services to be furnished by HOPE, Inc. to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agree- ment" attached hereto, between the city of Denton and HOPE, Inc. authorizing the expenditure of funds for assistance to homeless families, and authorizes the Mayor to execute said Agreement. SECTION II. That the city council authorizes the expenditure of funds in the amount of Twenty-three Thousand Dollars ($29,000.00). SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. i PASSED A;D APPROVED this the +C'"' ~day of , 1994. 1 BOB CASTLEBERRY, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. • O APPROVED AS TO LEGAL FORM: • DEBRA A. DRAYOVITCH, CITY ATTORNEY ~J c BY: i 1 ei \tlVPC Apenda Item OaG AGREEMENT BETWEEN THE CITY OF DEPTOH AND HOPB, INC. This contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its city Manager, pursuant to ordinance, hereinafter referred to as CITY, and Hope, Inc., 1213 N. Elm, Denton, Texas 76201, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amendedl and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to the homeless families; and WHEREAS, CITY has designated the Community Development office as the division responsible for the administration of this contract and all matters pertaining thereto; and t WHEREAS, CITY wishes to engage CONTRACTOR to carry out such F project, NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- ! formance and accomplishment of the conditions hereinafter described. 1. TERM r This Contract shall commence on or as of January 1, 1995, and shall terminate on September 30, 1995, unless extended as provided herein. II. RESPONSIBILITIES • CONTRACTOR hereby acr.epts the responsibility for the perfor- mance of all services and activities, described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the • • 1 contrary is received from CONTRACTOR, and approved by CITY. s} 1 IA The CITY'S Community Development Administrator will be CITY'S representative responsible for the administration of this contract. 'S • O w III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made o1 incurred by CITY hereunder shall not exceed the sum of $23,000.40. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, sub- ject to the limitations and provisions set forth in this section and Section VII of this Contract. (1) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section If (c) is not in strict accordance with the terms of this Contract, including all exhibits attached heretol or i (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Contract, whichever date is earlier. I t (2) CITY shall not he liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. 4 (3) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any k' 0 monies or provision of any goods or services. PAGE 2 • &1 • Apa40 Man DIN IV. COMPLIANCE WITH STATE and LOCAL LAWS CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. V, REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possess.,, the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C, CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. • VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as • Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both • • parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. i No modifications or alterations may be made in the Work state- PAGE 3 • 0 , r ment without the prior written approval of the City's Community _ Development Administrator. VII. PAYIZNTB TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $23,000 for services rendered under this Contract. CITY will pay those funds on a reim- bursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Those CONTRACTORS who fail to request reimbursement on a timely basis, may jeopardize present or future funding. 8. Recess Payment, CONTRACTOR shall refund to CITY within ten (lo) working days of CITY's request, any out of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR: or (2) has not been spent strictly in accordance with the terms of this Contract) or (3) is not supported by adequate documentation to fully justify the expenditure. C. Deobligation of Funds. In the event that actual expendi- tures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpendod funds. D. contract Close Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this contract, within ten (10) working 1 days following the close of the Contract period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. • VIII. CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate • as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. .J s PAGE 4 0 0 • Agendo No. - - Agendo Item oae 8. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRAC'T'OR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR related to the program described in Exhibit A. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. xZ. COVEN WS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director • of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- 0 formance of this contract and with respect to which CITY has ownership hereunder. • O (2) Sell, assign, pledge, transfer or otherwise dispose c of accounts receivables, notes or claims for money due or to become due. F. PAGE 5 • 0 i agenda No. Aoenda Item Uc _ (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require it© employees to attend training sessions sponsored by the Com- munity Development Office. I. ALL0WKBLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance oP and in compliance with this Contract and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTORts budget, Exhibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be con- sidered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. (2) CITY whall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. . (3) Out of town travel. (4) Any alterations or relocation of the facilities on ; and in which the activities specified in Exhibit A are con- ducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. e (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. PAGE 6 • • Agemla Item MtC Written requests for prior approval are CoNTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract oust be conducted in its entirety in accordance with the provisions of this Contract ZI. KAINTENAMICS OF RSCORDs A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. docu- records, B. CONTRACTOR agrees to retain all books, procedures ments, reports, and written accounting policies pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. f7 . Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and 2 current .-ecords which clearly reflect the level and benefit of services provided under this contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit • CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to,conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. III. • RS20RTS AND INTORKATION At such times and in such form as CITY may require, CON- teas CITYlmayrrequestcandtdeemepertinentrto,madata ttersncovered by this Contract. PAGE 7 • 4 • ca • Ne. om CONTRACTOR shall submit quarterly beneficiary an `-rTMftcia1 reports to CITY no less than once each three months, with the first reports due on or before March 1, 1995. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The report financial shall include programmatic and financial reportingi as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (lo) days after receipt of such, EIII. XONITORING AND IMUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. 9 E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. • F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTORts funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. 2IV. DIRECTORBt N3ETINGS • During the term of this Contract, CONTRACTOR shall cause to be ` • delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that ' CITY representatives shall be afforded access to all of the Board of Directors' meetings. PAGE 8 e c> • Awh t tm 1 Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract. 8. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, j commonly referred to as "owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain 'adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by a this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. ZVI. EQUAL OPPORTUNITY • A. CONTRACTOR shall submit for CITY's approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. B. CONTRACTOR shall comply with all applicable equal employ- went opportunity and affirmative action laws or regulations. • • e COQ,1TR1.CT0R will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, J and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. w PAGE 9 • 0 • w • ~ ere. . AWoaItem 01te'. D. In the event of CONTRACTOR'S non-compliance with the non-discrimination requirements, City may cancel or terminate the Contract in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. ZVII. PERSONNEL POLICIES CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. IVIII. 1 CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has euy interest, direct or indirect, which would conflict in any manner or degree vi.th the performance of services required to be performed under this contract. CONTRAC- TOR further covenants that in the performance of this contract, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private I; gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee csi CITY and no member of • its governing body who exercises any function or responsibilities In the review or approval of the undertaking or carrying out of this Contract shell (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. SZZ. ~ • • r 3 NEPOTISM 4. CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, t. R: PAGE 10 • w • o in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. ZS. FUNDING APPLICATIONS CONTRACTOR agvi-os to notify CITY each time CONTRACTOR is preparing or submitting any application for funding for the program described in Exhibit B in accordance with the following procedures: A. When the application is in the planning stages, CON- TRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, } CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private :unds under any federal or private program without the prior written consent of CITY. XXI. y CIrLNGES AND AMENDNENT6 t A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide a that another method shall be used. { B. CONTRACTOR may not make transfers between ur among ap- proved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and • such rec*uest for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this contract. C. CONTRACTOR will submit revised budget and program in- formation whenever the level of funding for CONTRACTOR or the • program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. • e D. It is understood and agreed by the parties hereto that changes in the state, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract, Any such modi- fications are to be automatically incorporated into this Contract without written amendment hereto, rnd shall become a part of the Contract on the effective date specified by the law or regulation. PAGE 11 • 0 L w A91NA Ilam E. CITY may, from time to time during the term of the Con- tract, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR'S compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel, or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. uII. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working { days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the'end of the suspension period, if CITY determines the default or deficiency has been sat- ♦ isfied, CONTRACTOR may be restored to full compliance status and paid all eligiLlo funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXIII may be effectu- ated. VIII. ♦ TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons; (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXII. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. PAGE 12 • I c, • AgenAt No. Aomde item United s Department Termination of Housing reduction and Urban funding Deelopment. State (4) Finding by CITY that CONTRACTORI (asuch ) is as to endanger performance under this Contract (b) has allocated inventory to this Contract substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, state and local laws or regulations as provided in Section IV, and Section XXI (D), of this Contract. (7) The commission of an act of bankruptcy. (6) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR trill be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding • occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, J provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 13 • as ; Apend~ tlo ._-r^~' CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of sue-pension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the COntrAct by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. uIV. NOTIFICATION OF ACTIOX SROUMM { In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity agains+t CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. such notice shall state the date and hour of notification of any such claim, demand, suit or other actions the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceedings and the name of any person (a) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. • • r , PACE 14 t • ra • AWds No. Agenda Item =IV. NIG INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employaa, agent or representative of CONTRACTOR. E. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused Ly the willful act or omission of CITY, its agents, employees, or contractors. XXVI. } CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of ; its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. 8. CONTRACTOR further covenants that no member of its governing body or it staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is 1 or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any func'.ion or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or • indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof, w • • ISVII. t MISCELLANEOUS 1 A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. PAGE 15 • p r O:~te B. If any provision of this contract is ro..be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. in no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this contract. E. in the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. Fur purposes of this contract, all official communica- tions and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below: • TO CITY: TO CONTRACTOR: City Manager Barbara Atkins City of Denton HOPE, Inc. 215 E. McKinney St. 1213 N. Elm Denton, Texas 76201 Denton, Texas 76201 s T" wITNESS OF ICH th s Contract has been executed on this the day of , 1994. CITY OF D ON BY: YD V. HARRELL, CITY AGER PAGE 16 0 ,S 1 NM41N. A" NM ATTESTS JENNIFER WALTTERS, CITY SECRETARY By l APPROVED AS TO LEGAL FORM: v3 DEBRA A. DRAYOVITCH, CITY ATTORNEY i~(C~~7 t'~ - /fy(c BY: HOPE, INC. BY: I6CLAC,J r-t elza BARBARA ATKINS ATTEST: l-wtv % _ - SECRETARY a 1 i • .J PAGE 17 d • 1 , AWoh No. Aq~ INtn ow EXHIBIT A WORK STATEMENT HOPE, INC. TRANSITION HOUSING PROGRAM The purpose of .~o project is to assist families who are homeless, or potentially homeless toward establishing and maintaining self-sufficiency, The funding requested would provide rent and utility assistance, and limited other financial aid, as determined by the needs of the transitional housing families. The trardtlonal housing program would maintain up to five families at a time, and rent and utility assistance would be for a period of I to 24 months. HOPE, Inc will assist the transitional housing families with assessment of educational or vocational skills and training, with budget skills, whit Job search skills, and with counseling or other social services. HOPE will also monitor on a weekly basis records of expenses incurred, receipts, and proof of family income. It is anticipated that client families who are in the transitional housing program will be able, after the one or two year assistance period, to Improve their situation enough to be able to afford decent, safe, a and sanitary housing without the need for rental assistance and continuing emergency aide from Denton agencies 30.90 DAY CLIENT ASSISTANCE PROGRAM ♦ Provision of rent, utility and food assistance to homeless and potentially home less.families for a period not to exceed 90 days. r 1 ] 1 / JS..'t 1. .lip a • Aphid IM .r....~_._.- ApsNl EXHIBIT "B" HOPE, INC. PROJECT BUDGET Transition Housing Program Personal Costs:...... to to 4,000.00 Case management' up to 20 hours per week. Client Services: 14,000.00 Rent, Utilities, and other Financial Aid TOTAL $180000.00 30-90 Day Client Assistance Program support of Client Families, 30-90 Days: $ 50000.00 Rent, Utilities, Food TOTAL $ 51000.00 i • ~ i 101 • ' kMd~ ►Mm Ow ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHS,..;AS, the City Council has determiner! that it is in the best interest of the citizens of the City to extend the terms of the Agreement Between The City Of Denton And HOPE INC. dated November 15, 1994 in order to allow time for the expenditure of funds for HOPE's Transitional Housing Program and the 30-90 Day Client Assistance Program; and WHEREAS, Amendment No. 1 to the Agreement Between The City of Denton and HOPE INC, dated November 15, 1994 extends the terms of the Agreement to allow additional time to expend funds for HOPE's Transitional Housing Program and the 30-90 Day Client Assistance Program; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION r That the Mayor is authorized to execute Amendment No, 1 To the Agreement Between The City of Denton and HOPE INC, dated November 15, 1994, a copy of which is attached hereto and incorporated herein by reference. SECTION II That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. i BOB CASTLEBERRY, MAYOR j ATTEST. JENNIFER WALTERS, CITY SECRETARY • BYr APPROVED AS TO LEGAL FORM; HERBERT PROUTY, CITY ATTORNEY a ca • Apr* IN, Apr4a wm ow - AMENDMENT NO, 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE INC., DATED NOVEMBER 151 1994 WHEREAS, on November 15, 1994, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "CITY", and HOPE INC., hereinafter called "CONTRACTOR", entered into an Agreement Between the City of Denton and HOPE, Inc. for the expenditure of funds for HOPE's Transitional Housing Program and the 30-90 Day Client Assistance Program, hereinafter called "Agreement"; and WHEREAS, CONTRACTOR was unable to expend the funds set forth in the Agreement within the time set forth in the Agreement; and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Agreement to allow CONTRACTOR additional time for expenditure of funds; NOW, THEREFORE, W I T N E S S E T H: ARTICLE I. Section I. TERM of the Agreement which states; This Agreement shall commence on or as of October 1, 1994, and shall terminate on September 30, 1995, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the community Development Office on or before the Agreement temination date. is hereby and herewith deleted from the Agreement and replaced with the following: This Agreement shall commence on or as of October 1, 1994 and shall terminate on December 31, 1995, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the Community Development • office on or before the Agreement termination date. ARTICLE II. f Except as specifically amended herein, the terms and conditions of the Agreement, as executed by the parties on the 15th day of November, 1994 shall remain in full force and effect. ARTICLE III. ~ • • r i _1 This Amendment shall become effective September 30,1995. • AWAA fMm Executed this Day of CITY OF DENTON, TEXAS BY: - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT It. PROUTY, CITY ATTORNEY BY : HOPE INC. BY: TITLE: :I i • i!f 1 i \ 1 }4 ~ X11 ~\t~~ 1! ~~n~H~?t.q . c, DENTON oooa~ooa oQQOUOO 000 ~ 000 ~ p G ~ ~ 4 G :O D O ADO ~ ~ ~ ~ pp0 0000 r o N ppp °~oaaoa~oo°° CITY COUNCIL ~ a ;a • Agendt N2 Apertdt Ilem 6" ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORI- ZING TH17 CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF S ET AL, V. CITY OF DENTON, TEXAS! AND DECLAR- ING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to exe- cute a Compromise Settlement Agreement and Agreed Judgment in the matter of r eta. v. City of Denton, providing for the settle- ment and compromise of the litigation now pending between and among the parties in the 162nd District Court, Dallas County, Texas, Cause No, 94-08997-I, in substantial accordance with the terms of the proposed Compromise Settlement Agreement and Agreed Judgment attached hereto as Exhibit A. ;~FIgN II. That the City Manager, with the concurrence and apnrolivi of the City Attorney, is hereby authorized to alter the form of the pro'osed Compromise Settlement Agreement and Agreed Judgment, attached hereto as Exhibit A, as necessary to accomplish the substantive goals of said documents, and as necessary to secure agreement among the parties and approval by the Court in which the cave is currently pending. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1995. i BOB CASTLEBERRY, MAYOR j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY;- i 1 ~ r f 5 ` l S f . t mpg APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY HY1 i I I i PAGE 2~ 'r Ap~nd~ Ilem ~~_F prq NO. 94-08897-I BUN TE SOR, ET AL., 9 IN THE DISTRICT COURT Plaintifls 5 5 VS. 5 DALLAS COUNTY, TEXAS CITY OF DENTON, § Defendant 162ND JUDICIAL DISTRICT COMPROMISE SETTLE & BTZPVLATION FOR JUA t KNOW ALL MEN BY THESE PRESENTS: That it is aqreed by and between Plaintiffs Bun Te Sor, Kim Teu, Bun Ly Sor, Kim Leang Sor, and Bun Leang Sor, acting herein by and through his/her Guardian Ad Li_tem, and Defendant, City of Denton, Texas, as follows: 11 Defendant will pay to Plaintiffs the total aggregate sum of Forty Thousand Dollars ($40,000), said sum of Forty Thousand Dollars ($40,000) to be apportioned to the respective parties equally, or as the Court deems just and fair. 2. For and in consideration of said payment, Plaintiffs, Bun Te Sor, Kim Teu, Bun Ly Sor, Kim Leang Sor, and Bun Leang Sor acting herein by and through his/her Guardian Ad Litem, hereby fully release, discharge, and acquit. Defendant, City of Denton, • Texas and its past, present, and future officers, elected offi- cials, employees, agents, insurers and attorneys (all in both their official and individual capacities), and their respective insurers, and those in privity with any of them (collectively known as the Released Parties) from, and agree that the sum so paid shall be in full and final satisfaction and compromise of all actions, causes of action, claims (including subrogation claims, claims for contribution or indemnity as to money paid in connection with this • _ ra • WDI settlement, claims under the survival of actions statute (Tex. Civ, Prac. & Rem. Code 571.011, etc.), and demands, on account of or in any way growing out of any and all negligence, intentional misconduct, violation of Constitutional or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal injuries, damage to reputation, pain and suffering, grief, bereavement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic injury, loss of earning capacity, lose of household services, loss of wages, loss of profits, loss of money, damage to property, taking of property, attorney's fees, pre- and post-judgment interest, and all other causes of action aiJ damages whether known or unknown and whether heretofore asserted or not, owned or possessed by any of said Plaintiffs against the City of Denton, Texas and its past, present, and future officers, elected officials, employees, agents, insurers, and attorneys, (a]1 in both their official and ,individual. capacities), and their respective insurers, and those in priv:'.ty with any of them, whether named herein or not, growing out of or in any way connected with: a motor vehicle collision in Dallas, Texas, • which occurred on or about November 25, 1993, all as more fully described in the pleadings on file herein, to which reference is made for more complete description; any events or litigation connected with or growing out of said fall or this settlement; or • any event which occurred y prior to the date of this settlement, ~ ~ O O Plaintiffs each do hereby agree to indemnify and save harmless the said City of Denton, Texas, its past, present and future officers, elected officials, employees, agents, insurers and attorneys, (all f ~QMI'BDMISE SE'1'PLEMENT G STIPULATION FOR JUDGMENT - PAGE 2 f h cr AOWj lro.._ - AW4 mm ow in br h their official and individual capacities), and their respective insurers, and those in privity with any of them, of and from all further claims, demands, costs, or expenses arising out of the injuries and damages sustained by any of them or by their respetive natural or adoptive family members or relatives as a result of: a motor vehicle collision occurring in Dallas, Texas on • or about November 25, 1993; any of the events connected with, or growing out of, said collision or this settlement; or any event which occurred prior to the date of this settlement, 3. Plaintiffs each understand and agree that the amount paid under this agreement is in full satisfaction of all injuries and damages arising on account of the above described events and that they will receive no further sums of money therefrom. Plaintiffs each agree to not assert or prosecute any further claims or law- suits therefore against anyone whomsoever, whether or not herein or otherwise named, described or identified, Any and all claims against parties not specifically released herein, if any, are here- by assigned in full to the parties hereby released. 4. Further, each Plaintiff expressly warrants that there are no outstanding unpaid hospital liens, medical insurance subrogation claims, or property damage subrogation claims and it is expressly understood and agreed that Plaintiffs have already paid or will pay out of the aforementioned sum of Forty Thousand Dollars ($90,000) all property samages and medical, doctors' and hospital charges { received in t.ie past or to be incurred in the future and that Plaintiffs will each defend, indemnify, and hold harmless the said I Released Parties, of and from the payment of such subrogation COMPROMISE AETTLEM911T & STIPULATION FOR "DCaMNNT - Mg 3 I! A l L 5 ~ Agenda tlo, Agend+ Item DO$ claims and hospital litns (especially with reference to any lions under the Texas Hospital Lien Law), 5, Plaintiffs each expressly warrant that their spouses, if they have any, have not suffered any loss of consortium as a result of the events in question or Bun Leang Sor's alleged injuries and damages. Plaintiffs each also expressly warrant that no member of their family has suffered any psychic injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of Bun Leang Sor's alleged damages and injuries. Plaintiffs each agree to defend, hold harmless and indemnify the Released Parties from the payment, and for the defense, including, expenses, and reasonable attorney's fees, of any and all such claims for loss of consortium, psychic injury, mental anguish and/or damage to the familial relationship, 61 This Compromise Settlement & Stipulation for Judgment is hereby respectfully submitted to the Court by all parties including said Guardian Ad Litem who is of the opinion, and represents to the Court, that the proposed settlement is to the advantage of said minor and is for his/her best interest and said parties do further request approval of the Compromise Settlement & Stipulation for Judgment by this Court. 7, Plaintiffs each hereby represent and warrant to Defendant and to the Court that no promises, representations or agreements ! not set out herein have been made to themt that this Compromise r • JyJ Settlement & Stipulation for Judgment is executed without reliance upon any statement or representation of any person or parties released or their representatives, concernin<r the nature and extent COMPROMISE SETTLEMENT k ATIPVL•ATION FOR JUDGMENT - PAGE 4 Ian y ® •`I t l l , ~ 1 4t: L. ~ 1 _ u~, us 0 AWde Na. AQaMe gem Dsp ~ of the injuries, damages and/or logal liability therefore, that acceptance of the consideration set forth herein ie a full accord and satisfaction of a disputed claim, which is incapable of being exactly determined, and for which liability is expressly denied, and that this Compromise Settlement & Stipulation for Judgment is made of their own free will and accord after consulting with and acting upon the advice of their attorneys. Although originally drafted by attorney for the Released Parties, this Compromise Settlement & Stipulation for Judgment is a contract which shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party. This document contains the entire agreement of the parties hereto. i THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & STIPULATION FOR { JUDGMENT ARE CONTRACTUAL AND NOT MERE RECITALS, WITNESS OUR HANDS this day of 195, Bun Te Sor Kim Teu Bun Ly Sor Kim Leang Sor Guardian Ad Litem APPROVED AND AGREED TOi f * O Myrna Davila Gregory Jerry E, Drake, Jr, Attorney for Plaintiffs Attorney for Defendant { CQMPROMISE SETTLF WT & STIPULAT]ON FOR JUDOHENT • PACIS 5 c+ _ • M I Agenda Ilo. j Agenda Lem f DM THE SPATE OF TEXAS ) ) COUNTY OF ) This instrument was acknowledged before me on the day of 199__, by Sun Te Sor. Notary Public-State of Texas THE STATE OF TEXAS ) ) COUNTY OF ) This instrument was acknowledged before me on the day of 199__, by Kim Teu. Notary Public-State of Texas THE STATE OF TEXAS ) ) COUNTY OF I This instrument was acknowledged before me on the day of 199.__, by Bur Ly Sor. Notary Public-State of Texas THE S'T'ATE OF TEXAS ) COUNTY OF This instrument was acknowledged before: me on the day of 199_, by Kim Leang Sor. • Notary Public-State of Texas THE STATE OF TEXAS } } COUNTY OF This instrument was acknowledged before me on the day of 194 , by as Guardian Ad Litem • on behalf of Sun Leang Sor. i Notary Public-State of Texas A:\SEMR.AaA 99OMPROMI8E SETTLEMENT & STIPULATION FOR XMQMM - PADS 6 . i. ~ 4if7f4x~ `tSd' Agoob No. Awds Ilem Date NO. 99-08897-I BUN TE SOR, ET AL., IN THE DISTRICT COURT Plaintiffs 5 VS. § DALLAS COUNTY, TEXAS CITY OF DENTON, 5 Defendant § 162ND JUDICIAL DISTRICT on this day of 199_, came on to be heard in open Court the above entitled and numbered cause. All parties having announced ready for trial and the minor Plaintiff appearing by and through his/her Guardian ad litem, al'i parties agreed that a jury was waived. Th•a parties thereupon announced in open Court that they had agreed upon a compromise of all matters and things in dispute between them subject to the approval of the Court, the terms, provisions, and conditions of which compromise are stated in a certain written Compromise Settlement & Stipulation for Judgment filed in this cause. By the terms of this Compromise Settlement & Stipulation, Defendant, City of Denton, Texas, has agreed to pay to Plaintiffs, Bun Te Sor, Kim Teu, Bun Ly Sor, and Kim Leang Sor, • Individually and as Next Friend of Bun Leang Sor, a Minor Child, acting by and through his/her Guardian ad litem, the total aggregate sum of Forty Thousand Dollars ($40,000), and the • Plaintiffs, Bun Te Sor, Kim Teu, Bun Ly Sor, and Kim Leang Sor, • Individually and as Next Friend of Sun Leang Sor, a Minor Child, i acting by and through his/her Guardian ad litem, have agreed to fully release, discharge and acquit Defendant, City of Denton, Texas, its past, present, and future officers, elected officials, t Agenda 110. P.wrdl ncm UaIC employees, and attorneys (all in both their official and individual capacities), and their respective insurers and those in privity with any of them, from any and all claims arising from a collision between Defendant and Plaintiffs on or about November 25, 1993, and any and all injuries which arose from, or resulted from, said collision, which occurred on or about November 25, 1993, and which is more particularly described in said Compromise Settlement & Stipulation for Judgment and the pleadings on file herein. Thereupon the Court proceeded to examine the pleadings and hear evidence upon all matters and issues involved. The Court is of the opinion and finds as a fact that the compromise settlement & Stipulation for Judgment as above described is in all things fair and just and should be approved by this Court. The Court finds that the total aggregate sum of Forty Thousand Dollars ($40,000) should be and hereby ORDERS that it be appor- tioned between the Plaintiffs as follows: To Bun Te Sor $8,000 To Kim Teu $8,000 To Bun Ly Sor $8,000 To Kim Leang Sor $8,000 T , Leang Sor, a Minor $8,000 It is further ORDERED by the court that the Guardian ad litem for the minor Plaintiff do have and recover from Defendants the sum of Eight Thousand Dollars ($8,000). • i It is further ORDERED by the Court that the sum of $8,000 awarded to Bun Leang Sor (Minor) shall be paid by said Defendant into the Registry of the Court for the use and benefit of said JUDGMENT - PAGE 2 i~. . l Agenda No.. Agenda Item hW miner Plaintiff. The Clerk is hereby directed to deposit such sum in an interest bearing account, and to pay the sum awarded to the minor to such person as executes a bond in the amount and condi- tioned in accordance with law. it is further ORDERED by the Court that upon the pay.nq of said sum of money apportioned as hereinabove set out, said Defendant shall be fully and finally re]eased and discharged of all claims owned or possessed by Plaintiffs, qrowing out of or in any way connected with the matters mentioned in Plaintiffs' pleadings, or in any way connected with the collision and injuries suffered by Bun Leang Sor (Minor), this litigation, or this settlement, It is further ORDERED by the Court that all other relief prayed for herein by any party hereto and not express', above granted is denied, and that costs of Court are taxed to Defendant. Signed this day of 199. Judge Presiding APPROVED; Jerry F. Drake, Jr, Attorney for Plaintiffs Myrna Davila Gregory • Attorney for Defendant • • Guardian Ad Litem A lsuocaWW JUDGMENT - PADS 3 fP o l1 J, 0 a DENTON 0 0 { o G ~ 0 1 a.a Q c::3 o © Q h O° ~ O O~O~~ QQD ~ 000 o N , ~c ~ QQO °aaonaaD~~°° ~ • CITY COUNCIL ~ l I' 1 • Q 0 ~i i r R: \WNi Y,S\OR V\PAVR D2.0RD (.~3 ' Apendi ko. Apendt Item ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS. 69-30, 75-45, 76-1, AND 76-27; AUTHORIZING THE MAYOR TO EXECUTE SAXD RELEASES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has heretofore, by ordinance Nos. 69-30, 75-45, 76-1, and 76-27, determined the necessity for and ordered the improvement of various streets in the City of Denton, Texas; and WHEREAS, the City of Denton declared the liability of adjacent property owners for a portion of the cost of improving portions of various streets described in said ordinances, and declared the same to be a lien upon the abutting properties; and WHEREAS, the City of Denton has cross-referenced Denton County Tax Records for the appropriate time periods with city paving lien records, and determined that a portion of the liens assessed against abutting properties were assessed against properties which were claimed as homestead at the time the improvements were ordered, and no mechanic's lien contract was executed prior to the commencement of the improvements; and WHEREAS, the City Council of the City of Denton desires to release the liens which were assessed against properties which were claimed as homestead at the time the improvements were ordered and for which no mechanic's lien contract was executed before the commencement of work on the improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION I. That the City Council hereby approvea the release of paving liens assessed against homesteads by ordinance Nos. 69- 30, 75-45, 76-1, and 76-27 for which no valid mechanic's lien contract was executed. • SECTION II. That the Mayor is hereby authorized to execute the releases attached hereto and incorporated herein as if set forth at length for those properties which were determined to be assessed against homesteads by cross-referencing County Tax Records. 0 SECTION III. That the Mayor is hereby authorized to execute • such other releases as are necessary to release those paving liens assessed by ordinance Nos. 69-30, 75-45, 76-1, and 76-27, for which adequate proof, as determined by the City Attorney, is provided that the property was homestead at the time the work was ordered and no valid mechanic's lien contract was executed. Adequate proof ~r r , -i til. 1) Agenda Mo. Ag"do Item Wb. that the property was homestead at the time the work was ordered may be provided by the use of an affidavit in a form acceptable to the City Attorney, The adequacy and sufficiency of the affidavit shall be determined by the City Attorney, SECTION IV. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY BY: V • Page 2 ~y2.1t~'jit,~+y u r } Itif}a i}t Y.. • ca e Apenela No.. j Apendi Item Ue RELEASE OF PAVING LIENS ASSESSED AGAINST HOMESTEADS BV ORDINANCE NO, 69-30 THE STATE OP TEXAS § COUNTY OF DENTON § WHfsREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No. 69-30 duly enacted on August 12, 1969, detennined the necessity for and ordered the improvemen( of various streets in the City of Denton, Texas, in the manner and according to the plans and specifications therefore, which phnis and specifications have heretofore been approved and adopted by the said City Council; and WHEREAS, a notice duly executed in the name of the City of Denton, "Texas, of the enactment of the said above described ordinance has heretofore been filed in the Deed Records of Denton County, Texas, in Volume 589, Page 587; and WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 69-33, duly enacted on September 9, 1969, declared the liability of the adjacent property owners for a portion of the cost of improving portions of various streets described therein and in Ordinance No. 69-30 and declared the same to be a lien upon the abutting properties; and WIiERI;AS, Ordinance No. 69.33 has heretofore been filed in the Deed Records of Denton County, Texas in Volume 591 Page 236; and WHEREAS, a portion of the properties abutting the various streets described in Ordinance No. 69-30 and Ordinance No. 69.33 were claimed as homestead at the time the improvements were ordered; and W11FRFAS, attached hereto as Exhibit "A" and incorporated herein as if set forth at length is a list of those properties which were claimed as homestead, according to Denton County tax records, at the time the improvements were ordered and for which no mechanic's lien contract was executed; and WHFREAS, pursuant to Article 16 Section 50 of the Texas Constitution, a lien declared upon abutting property is void if the property was claimed as a homestead at the time the improvements were ordered and no mechanic's lien contract was executed by the owner prior to the work bcing performed; NOW, THEREFORE, The City of Denton, Texas, does hereby and herewith forever release the properties described in Exhibit "A" from any and all special assessment liens and claims arising by virtue of the improvements described in the aforesaid ordinances by the City Council of said City, in • • the aforesaid notice recorded in Volume 589, Page 587 of the need Records of Denton County, Texas and in Ordinance No, 69.33 recorded in Volume 591, Page 236. • o Agenda No. Apenda Item The personal liability of the owner of the property which is t at the time the improvements were ordered is expressly reserved by the City of Denton and is not herewith released or discharged. EXECUTF,D this the day of November, 1995. CITY OF DENTON, TEXAS BY: BOB C S_-1- EBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • to • f9H'P1R1CS!K'h9J0 • i 1 PAGE 2 i • • r- ~ • • EXHIBIT A FAVIra Lima Prooarty hastemod StTa• 6930 cite li~ti Original currant currant owner's Tau Aaoount Aa[aranoe k Ounar Kailing Address 19091 treat b4.t B100 Alexander, Aron Alexander, Aron 1130 .Morse street 034827 Morse 7.1 276 ~ Denton, TX 76205 Alexander, Sally Alexander, Sally c/o E. McAdams 035617 Cook 6 243 711 Cook, Denton, TX 76205 Alexander, Sally Alexander, Sally c/a E. McAdams 035621 Cook 7 243 711 Cook, Denton, TX 76205 Allen, Sam & Maude Landers, Joe L. 321 Ruth Street 028117 Skinner 22 246 I Denton, TX 76205 I Allen, Sam & Maude Landers, Joe L. 321 Ruth Street 028117 Skinner 23 246 li Denton, TX 76205 Broadus, Lester Broadus, Lester 1113 Carl Drive 032715 Wilson 4 266 Waco, TX 76705 Clark, Oliver Clark Oliver 921 Hill Street 033141 Hill 2 236 Denton, TX 76205 Clay, John L. Clay, John L. 1203 Wilson 035798 Wilson 4.1 271 Denton, TX 76205 Cooper, Freddie Cooper, Tnez 1232 Texas street 028144 Maddox 14 245 Waco, TX 76704 Crain, Elijah Crain, Elijah 1008 E. Prairie 033281 E. Prairie 110 272 Denton, TX 76208 • Duncan, Arnett & Starks, Cass T. 724 Alexander 032814 Alexander 9.5 269 Novella Denton, TX 76205 Eddings, Etta Eddings, Etta c/o Leonard Logan 028322 Skinner 8 247 P. 0. Box 205 Denton, TX 76202 Eddings, Etta Eddings, Etta c/o Leonard Logan 028307 Skinner 7 12f7f P. 0. Box 205 It a • Denton, TX 76202 Evans, James Melvin Evans, James Melvin 415 S, Bradshaw Street 033319 Bradshaw 124 + Denton, TX 76205 Franklin, Hattie Franklin, Hattie 502 Avenue 8 022060 Avenue S 20 6 Denton, TX 76205 Gilkey, Andrew Dean McDade, Florence 514 Avenue S 033245 E. Praire 10 ? Denton, TX 76205 Gilkey, Andrew Dean McDade, Florence 514 Avenue S 033245 Bradshaw 1011 77: Denton, TX 76205 • JJ ! l♦ • c~ e t Paving Lions - ordinance 69-30 Page 2 City ttac original current =rent oeaer~a Tax Account Refora°gd O"or mar Mailicg Address nuke Mtn" y&I Aloak Gray, Will Gray, Carol A. 1119 Kerley street 021346 Kerley 14 267 Denton, TX 76205 Holland, Sherman Holland, Sherman 1116 Wilson 033645 Wilson 3 271 Denton, TX 76205 Houston, Fred Houston, Fred 1007 E. Prairie 033295 E. Prairie 115 272 Denton, TX 76205 Houston, Fred Houston, Fred 1007 E. Prairie 033298 E. Prairie 11.6 272 Denton, TX 76205 Jackson, James M. Williams, Ira c/o Theresa Wafar 028547 Smith 6.7 234 2255 S. Maple 1170 Fresco, CA 93725 Jackson, James M. Williams, Ira c/o Theresa Wafar 028547 Duncan 6 234 2255 S. Maple 1170 Fresco, CA 93725 Jackson, James M. Williams, Ira c/o Vieresa Wafar 028547 Smith 6 234 2255 S. Maple 1170 Fresco, CA 93725 Johnson, Elzater Johnson, Eizater 924 Hill Street 027744 Hill 14 235 Denton, TX 76205 Johnson, Joe Johnson, Joe 2206 Stella St. 014 028430 Maddox 17 245 S Denton, TX 76201 Johnson, Nathaniel Jackson, James A. 733 Alexander 032824 Alexander 9.9 269 Denton, TX 76205 Johnson, Odell Johnson, Odell 928 Hill Street 027746 Hill 14.1 236 Denton, TX 76205 2 Kinney, James Kinney, William 406 Mill Street 027569 Mill 11 3 Denton, TX 76205 Kinney, Moxie Kinney, Moxie 1700 Morse St. 027547 Crosa Timber 1 4 Denton, TX 76205 Krantz, Charles Krantz, Charles 920 Duncan 033094 Duncan 3 3 Denton, TX 76205 Lambert, Lena Belle Lambert, Lena Belle 528 Boardwalk 032720 Wilson 6 6 Denton, TX 76205 Lambert, Lena Belle Lambert, Lena Belle 528 Boardwalk 032720 Hill 6 6 Denton, TX 76205 Logan, Leonard Sr. Logan, Leonard Sr. P. 0. Box 205 027583 Mill 10 . 0 • Paving Liens - ordinance 69-30 Page 3 city Xab original Currant current owaerIj Taz Account. Reference owner owner XAiIi24 1lddresa ills m ptreet L41 Block Denton, TX 76202 Madlock, Alonzo Madlock, Alonzo 605 S. Bradshaw 033234 Bradshaw 101 272 Denton, TX 76205 McAdams, Sam McAdams, Sam C/o Eunice McAdams 035777 industrial 1 231 711 cook, Denton TX 76205 McConnell, Jennie Kimble, Angela & c/o Betty Kimble 032762 Hill 13.1 268 809 Lakey, Denton TX 76205 McDade, A.M. McDade, Dorothy 926 E. Prairie 033259 E. Prairie 107 272 Denton, TX 76205 McKinney, Lorenzo & McKinney, Lorenzo & 919 Hill St. 033139 Hill 1.2 236 Anna Anna Denton, TX 76205 McKinney, Lorenzo & McKinney, Lorenzo & 919 Hill St. 033135 Hill 1 236 Anna Anna Denton, TX 76205 McKinney, Rebecca McKinney, Rebecca 530 Maddox 028425 Maddox 8 246 a Denton, TX 76205 Miller, Estella Miller, Estella 1031 Scott Dr. 027556 Cook 7.1 241 Denton, TX 76205 Miller, Estella Miller, Estella 1031 Scott Dr. 027556 Mill 7.1 241 Denton, TX 76205 Mims, O.D. Mims, O.D. 925 Hill 033144 Hill 4 236 t Denton, TX 76205 Minter, Wiloza Washingtun, Beverly 701 Broadwalk 028549 Smith 6.3 234 Denton, TX 76205 Mohair, Clyde Horn, James M. 1806 Southridge 035659 Simmons 18 235 Denton, TX 76205 Mohair, George Sr. Franklin, Alvin c/o Herman Franklin 027748 Hill 14 Mohair 2289 W. Oak 02A Denton, TX 76201 Mohair, Robert L. Mohair, Robert L. 502 Simmons 021377 Simmons 25 , Denton, TX 76205 Mohair, Rob,art L. Mohair, Robert L. 502 Simmons 021377 Clifton 25 2.5 Denton, TX 76205 Neavea, Charlie Jackson, Clarence P.0. Box 3078 03125 Morse 24 21, 6 & Peggy Jo Denton, TX 76202 Parker, Luther E. Parker, Luther E. 736 Wilson 032771 Bailey 2. 2 Denton, TX 76205 j Paving Liens - Ordinance 60-30 Page 4 city Kao Original =ren Current Cvner's Taz Account Refersace 41me Oyner Kailina Address 1-V1&" Street lat Block Parker, Luther E. Parker, Luther E. 736 Wilson 032771 Wilson 2.1 269 Denton, TX 76205 Price, Lucy Price, James L. 6226 Tiffany 077671 Wilson 13 268 Houston, TX 77085 Price, Lucy Price, James L. 6226 Tiffany 032765 Hill 13 268 Houston, TX 77085 Punch, Randal Sr. Punch, Elza 1115 Hill 033000 Hill 6 236 Denton, TX 76205 Reed, C.P. Reed, Mary 1014 E. Prairie 033284 E. Prairie 111 272 Denton, TX 76205 Simmons, Benny Ware, John E. 2013 Danley Court 027758 Cook 1 244 Flower Mound 75028 Washington, Birdie Tobias, Patrice 618 E. Prairie 022052 Ave. S 23 263 Washington Denton, TX 76205 { Williams, Alonzo & Williams, Alonzo c/o Alonzo Williams, Jr. 0,,5763 Wye 4 242 Rebecca Rebecca 218 Riverside Huntsville, TX 77340 Williams, Alonzo & Williams, Alonzo c/o Alonzo Williams, Jr. 036263 Industrial 4 242 Rebecca Rebecca 218 Riverside Huntsville, TX 77340 Williams, Harold Williams, Harold 514 Maddox 028410 Maddox 4 246 Denton, TX 76205 dt \6"0CSV0RN5\6930fXHi I. FRM • L ~ • r Agenda Item R'd1 RELEASE OF PAVING LIENS ASSESSED AGAINST IIOMF,STFADS BY ORDINANCE NO. 75.45 'fHE S'l'A'ITi OF TEXAS § COUN'T'Y OF DENTON § WIIERIiAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No. 75-45 duly enacted on November 4, 1975, determined the necessity for and ordered the improvement of various streets in the City of Denton, 'T'exas, in the manner and according to the plans and specifications therefore, which plans and specifications have heretofore been approved and adopted by the said City Council; and WHEREAS, a notice duly executed in the name o1' the City of Denton, Texas, of the enactment of the said above described ordinance has heretofore been filed in the Deed Records of Denton County, Texas, in Volume 764, Page 519; and WIiEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 75-46, duly enacted on November 4, 1975, declared the liability of the adjacent property owners for a portion of the cost of improving portions of various streets described therein and in Ordinance No. 75.45, and declared the same to be a lien upon the abutting properties; and WHEREAS, Ordinance No. 75-46 has heretofore been riled in the Deed Records of Denton County, Texas in Volume 764, Page 894: and W11E,REAS, a portion of the properties abutting the various streets described in Ordinance No. 75-45 and Ordinance No. 75-46 were claimed as homestead at the time the improvements were ordered; and WHEREAS, attached hereto as Exhibit "A" and incorporated herein as if set forth at length is a list of those properties which were claimed as homestead, according to Denton County tax records, at the time the improvements were ordered and for which no mechanic's lien contract was executed; and WITF,RIIAS, pursuant to Article 16 Section 50 of the Texas Constitution, a lien declared upon abutting property is void if the property was claimed as a homestead at the time the improvements were ordered and no mechanic's lien contract was executed by the owner prior to the work being performed; NOW, THEREFORE, The City of Denton, Texas, does hereby and herewith forever release the properties • described in Exhibit "A" from any and all special assessment liens and claims arising by virtue , • b of the improvements described in the aforesaid ordinances by the City Council of said City, in the aforesaid notice recorded in Volume 764, Page 519 of the Deed Records of Denton County, J Texas and in Ordinance No. 75-46 recorded in Volume 764, Page 894. % ; p ' • Mt* No. Apertd>t nem , - an The personal liability of the owner of the property which is the su f ect of the assessment at the time the improvements were ordered is expressly reserved by the City of Denton and is not herewith released or discharged. EXECUTED this the _ day of November, 1995. CITY OF DENTON, TEXAS BY: BOB CASTL.EBERRY, MAYOR ATTEST: JENNIFER WAI,TFRS, CTTY SECRETARY BY: APPROVED AS TO LEOAI, FORM: HERBERT' L. PROUI'Y, CITY ATTORNEY ' i BY. Y'- a i 1911'PtH/C5'AV1.~y .,J PAOF, 2 ~ r, '1• 4, , }4a {~Vl.'~t ~~i ~t , r~`' l~ fit '~5laj yjC k 1 t • r ii , EXHIBIT A RMNO LIENS Proaerty Assessed - ord. 75-45 city Nan original Current Current ownerl• Taz Aaaaunt Ee,terenae 47nlr, 0"s Nailing Address Kwam Street Wj AloQk Banda, P.C. Gandee, Monroe 109 Industrial 035267 Bernard 4 350-0 Grady Denton, TX 76201 Brown, Dale Ashley, Robert L. 3109 Donna Rd. 029042 Donna 3A 4076-8 Denton, TX 76207 Irlas, Jose Irlas, Jose 1301 Bernard St. 036344 Bernard 3 3.13 Guadalupe Guadalupe Denton, TX 76201 Marchant, G. Marchant, Gorald J. 3124 Donna Rd. 029047 Donna 5 4076-A Denton, TX 76207 Neblett, James R. Neblett, James R. 109 E. Oak St. }A 033803 Sena 9.1 4021 Denton, TX 76201 Pelzel, Joe A. Pelzel, Joe A. 728 Del Dr. 029020 Donna 1 4076-0 Denton, TX 76207 Prewitt, J.H. Moore, Rickie E. 420 S. Carroll, Bldg F 022227 Spring Valley 6 1003'-A Denton, TX 76201 Rogers, Sammie Rogers, Sammie 212 N. Ruddell 029521 Ruddell 29 274 Denton, TX 76205 Squires, Frank D. Squires, Frank D. c/o John r-;wney 021722 Sena 11 4022 1813 sent St. Denton, TX 76201 Taylor, Jessie E. Taylor, Jessie 215 N. Ruddell 029561 Ruddell 30 274 • Denton, TX 76205 Jt\WDDCS\FORMS\7545EXM I. FRN o 11 • t r., O r i 1 DENTON oo3 oa~ooQO000 oo°~ °°°o 00 o ~ h a a D 0 a ° ~ D 000~~ Ooh 000 r o N , ~ ~ Apo °~oaDO~a o CITY COUNCIL 0 0 r • A ADMO No. 1 App* min North Texas Higher Education Autho %wInc. 201 E. Abram, Sulte 800 Arlington, Texas 760101196 (817) 265.9158 August 29, 1995 Honorable Bob Castleberry Denton City Council City of Denton 215 East McKinney Denton, Texas 76201 Dear Mayor Castleberry: At its August 29, 1995 meeting, the Board took action to nominate individuals to Places 6,6 and 9 on the North Texas Higher Education Authority Board of Directors for the October 1, 1995 through September 30, 1997 term. The incumbents, Dr. Lindsay KefTer - Place 6, Mr. Jay Anderson - Place S and Mr. Jim Brock - Place 9 have expressed a willingness to serve another term; therefore, their names are respectfully submitted for the City Council's consideration for reappointment. I will very much appreciate your notifying me of the action taken by the City Council on the nominees, Please extend our continued thanks to the individual Council members for their support of the Authority and its activilies. Sincerely, Governor ackson President GJ/ac f. i 4 ii- i RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC., „ AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 6, 8, and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc., having expired; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That is hereby reap- pointed to Place 6 on the Board of Directors of the North Texas Higher Educatic:i Authority, Inc. for a term commencing October 1, 1995, and continuing through September. 30, 1997. SECTION II, That is hereby reap- pointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc, for a term commencing October 1, 1995, and continuing through September 30, 1997. i SECTION TTT, That is hereby reap- pointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term a•mmencing October i, 1995, and continuing through September 30, 1997, SECTION IV_ That this resolution shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: dERBERT L. PROUTY, CITY A'T'TORNEY BY: r 4- • ca 0 r t DENTON , OF D4~ 4P 00~~ ~o Od o ~ 0 Q 0 A Q O 0 000 r ~ ~ ~-Opp oo~a o No ~ ooQo ~aaoaaaoo r e~ CITY COUNCIL 4 r J; ;Y tr `U3 AW6 No. APWAo hn go OAT CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CASTING VOTES FOR NOMINEES TO THE DCAD BOARD OF DIRECTORS RECOMMENDATION: Staff recommends Council cast votes for a candidate or candidates to serve on the Denton Central Appraisal District Board of Directors. SUMMARY: On October 3, 1996, City Council nominated Bill Giese and Mary Horn as candidates to serve on the DCAD Board of Directors, All candidates nominated to serve on the Board of Directors, including those nominated by the City of Denton, are listed below. 1, William E, Brady 6. Mary Horn 2, Tracy Clinton 7, Betty McCrary 3. Bill Giese 8. Richard Smith 4. LZ Hermon, Sr, 9. Paul Stone 6. J.A. Hinsley 10. Bill Wood As you may recall from the October 3, 1995 meeting, once all nominations are made, each taxing jurisdiction must cast votes for a nominee or nominees. The total number of votes is 5,000 and each jurisdiction has a percentage of votes 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 266 votes to cast. Votes must be reported to the Appraisal District by November 15, 1995. Neither the City of Denton, Denton ISD, or Denton County have enough votes to guarantee the election of their candidates. Denton ISO, had only one nomination, Bill Giese, Therefore, it is assumed that the Denton ISO will cast their 828 votes for Bill Giese, Denton County, which has 760 votes, nominated both Mary Horn and Paul Stone, Attempts to contact the County to determine the likelihood of their vote have been unsuccessful. Should the City Council and the Denton ISO decide to cast all their votes for BIII Giese, his election to the Board of Directors will be secured. Should the City Council decide to split their vote between Mary Horn and Bill Giese then there is still an opportunity for Bill Giese to be elected provided that Denton ISD cast slither votes for Mr, Giese However, depending upon the County, Mary Horn may or may not have enough votes to be elected. The attached resolution allows Council to cast their vote for one candidate or distribute the votes among any number of candidates. J• / rV 5 1. 1 IxnU~fW. apenCa flap I Page 2 PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: NIA 1 I FISCAL IMPAGT; There Is no cost to the City. Respectfull submitted; r , Lloyd V. Harrell City Manager Prepared by: i Jo ortune, lef Finance Officer 1 AFFWPI r 1 t,r _ r j ;j\WPD0 S. FVS\CF.NAPF, DOD _ Awh w o. Aw* tam RESOLUTION NO, A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICTI AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESr SEC'T'ION I. That the City Council of the City of Denton, Texas, hereby casts _ votes for for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas, SECTION II. That this revolution 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 R • R t 1 ' ~ 5 1 1 • DENTON CENTRAL APPRAISAL DISTRICT Appodi No. 3911 MORSE STREET A014 N6t71., Joef\Gi\memos\Board7 P.o sox 2616 TON, IExAS 762022816 617.566.0904 - MEMO i I OCT z n IN5 TO, All Taxing Jurisdictions FROM: Joe Rogers 4 DATE: October 18, 1995 SUBJECT: Candidates to Board of Directors of Denton Central Appraisal District Candidates to the Denton Central Appraisal District Board of Directors are listed below. The list Is In alphabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser by November 15th. The unit may cast all Its votes for one candidate or may distribute the votes among any number of candidates. Some voting units may have enough votes to elect several candidates. To share representation on the Board, several units may wish to vote for the same candidate. The five nominees receiving the most votes will become the Board of Directors. When a voting unit casts its votes, it must cast the votes for a person that was nominated and is named on the ballot, There is no provlson for write-in candidates. a The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot i The candidates nominated by the taxing )urisdictlons are, 1. William E. Brady 6. Mary Hom 2. Tracy Clinton 7. Betty McCrary 3. Bill Glese 8. Richard Smith 4. L, Z, Harmon, Sr. 9. Paul Stone 5. J. A. Hlnsley 10, Bill Wood Since some of you may not be familiar with the process of selecting the Board, please do not hesit a to contact my office for clarification and/or Information on this matter. • w Joe Rog rrs Chief Appraiser i1 1 I f• DENTON CENTRAL APPRAISAL DISTRICT Peg I OCO92 ilo. VOTES FOR BOARD OF DIRECTORS A9:n6a Item tk11 NUMBER lit nI,i _CYIONs 0, F VOTL5 SCHOOL, DISTRICTS; 801 ARGYLEISD......... 65 S02 AUBREYISD........... 31 S05 DENTON ISD 828 S07 KRUM ISD.......... 30 S08 LAKE, DALLAS ISD...... 94 S09 LEWISVILLE ISD....... 1712 SIO LITTLE RLM ISD....... 40 811 NORTHWEST ISD...... 294 S12 PILOT POINTISD...... 42 S13 PONDER ISD........... f9 514 SANOER ISL........... 57 SCHOOI. DISTRICTS TOTALS 3212 ~m.ra GOI DENTON COUNTY 760 CITIES; C26 CITY OF AROYLL........ 6 C01 CITY OF AUBREY....... 2 C31 TOWN OF BARTONVILLE.. 2 C03 CITY OF THE COLONY.,. 108 C04 TOWN OF CORINTIL..... 18 C27 TOWN OFCOPPER CANYON 2 COS CITY OF DF,N7ON....... 256 C30 CITY OF DOUBLE OAK... 5 j C07 CITY OF FLOWER MOUND. 134 C22 TOWN OF HACKBERRY.- 1 C19 TOWN OF HICKORY CREEK 6 C08 CITY OF HIOHLAND VLO. 67 C09 CITY OF JUSTIN 3 CIS CI'T'Y OF KRUGERVILLE.. CIO CITYOFKRUM......... 2 r I I CI'T'Y OF LAKE DALLAS.. I' C25 CITY OF LAKEWOOD VILO I C12 CITY OF LEWISVILLE- 265 C13 CITY OF LITTLE ELM... 4 C23 CITY OF MARSHALL CRK. 1 C33 TOWN OF NORTHLAKE.... I C24 CITY OF OAK POINT.... 2 C14 CITY OF PILOT POINT.. 10 C15 CI'T'Y OF PONDER....... I S j Ct7 CITY OF ROANOKE.... 9 C16 CITY OFSANOER...... 8 J C28 CITY OF TROPHY CLUB. 23 CI'f1E:S "IOJALS 950 ',`1 f IE- sl{ . K 1 ~ .t':.d t~ ` '-1 I I l tel. 1 1~~ { ~ X11' 1 1 1 I 1 1 r C. i a I~Ir KAT'HYPISHEETi95ALLOCI.XLS Ap r4a om Page NUMBER JURISDICTION OF VOTES SPECIAL. DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY......... W07 CORINTH MUD .....,..r 6 FOt DENTON COUNTY FIRE DISTRICT., r.,.....,. 1,01 DENTON COUNTY LEVY IMPROVEMENT DIST N1. 6 W05 ?TROPHY CLUB MUD 02 13 RUD DENTON COUNTY ROAD & UTILITY DISTRICT :i1. 29 W03 TROPHY CLUB MUD M1 20 W08 LAKE TURNER M.U,D.... 2 SPECIAL DISTRICTS TOTALS 78 GRAND TOTALS 5000 I r. 1 11: 1~ lM1M1i''.l ~ L! cP~Uitd~~), v 6 • t~ r. ft11 SiV~ ~1 ry~y~ fi Tyr atwyll~i9i[ • 0 i DENTON pipo0000FOOO oo`~ pp~A, ~o OD o ~ o 0 o a o ~ 0 00 ~ T OHO 'OOpo o N OGO DOaao~OG • CITY COUNCIL r tle- CITY COUNCIL REPORT Ap.MM. 39 AP* NMI ('JIM TO: Mayor and Members of the City Council FROM; Lloyd V, Harrell, City Manager DATE: November 7, 1995 SUBJECT: Development Policy Committee Appointment RECOMMENDATION: NIA. SUMMARY: The resolution leaves blanks for council appointed committee members and chair, adopts the program previously approved, and establishes a term. BACKGROUND: Council approved the update program on October 17, 1995, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Planning and Development. Denton Development Planning. FISCAL IMPACT, - 1 4 Adoption of the resolution has no fiscal Impact. Update of the Plan's 'f'iscal impact is $82,610. RESPECTF k't LY SUBMITTED: Prepared by: Lloyd V. Harrell, City Manager • rank H. Rob ' s, ADCP rllrector of PI nning and Development r AXXOMe 71 ~r r a> J: \lM'OOCS\RES\PEYf lP9L. RES APO*" 1. MOWN RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DEVELOPMENT POLICY COMMITTEE TO MARE RECOMMENDAT:ONS CONCERNING THE UPDATE OF THE DENTON DEVELOPMENT PLAN; APPOINTING MEMBERS TO THAT COMMITTEE; APPOINTING A CHAIRPERSON OF THE COMMITTEE; SETTING FORTH THE DUTIES AND TERI! OF THE COMMITTEE; AND PAOVTDi:NG AN EFFECTIVE DATE. WHEREAS, the Denton De7,relopmeut Plan calls for Major Updates ever five to ten years; area WHEREAS, the Planning and zoning commission has recommended that a major update program be undertaken; and WHEREAS, the City Council approved the major update program on October 18, 1995, as shown in Exhibit T; and WHEREAS, the Council wishes to appoint a Development Policy Committee (the ''Committee") to review and make recommendations concerning development policy and appoint a chair for such committee in accordance with the approved update program; NOW, THEREFORE; TAE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. Appointment. The following persons and chair are appointed to the Development Policy Committee: Chair. _ • ~jECT201j_1I. Responsibilities. ^he Committee shall study • • development policy and make recommendations to the Planning and zoning Commission and the City Council in accordance with the program in Exhibit I. J+ r l 1 r ~ 1 1 I 1 SECTION IIZ. Term, Each member shall be apgFointed by the City Council for a period not to exceed two years or when the City Council considers the Committeels final recommendations, whichever occurs first. SECTION IV. Procedures, The Committee may adapt rules for the conduct of its meetings. §=712N V. Staffing. The Director of Planning and Development is designated the staff liaison to the Committee. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,.,CITY ATTORNEY BYi i • { PAGE 2 4 1 r ijt r s .41 11 . v 1 ` ~t!`t r Lli + __-r . _ wnw....,.r.a.ww.r. a. . , f ~I~9V$ ~ r 4ej r V j r , L t~ 4 i ~a _yy,~1 411 ra . k AVr41 No EXHIBIT 1 AW48 Man mtt_ DENTON DEVELOPMENT PLAN UPDATE PR(H Milk, f Conduct a major update. Council appoints a development policy committee that would recommend to P&Z, who would recommend to Council amendments to the Denton Development Plan (DDP). 3, Makeup of the development policy committee, 7-I5 members representing. • P&Z • Council • NeighhorhoWs • Business and/or development interests • Appraisers • Architects • Professional erAgineers • Professional planners • Each geographic area of the community • DISD representative Chairperson appointed by Council 4. The committee may form subcommittees and allow participation by persons not appointed to the committee on the subcommittees, Subcommittee chairs appointed by committee. 5. Proposed schedule: • Committee orientation and staff No later than one month after data gathering: formation of the committee. • Committee begins exploring major No later than two months after • issues, considers forming formation of the committee. subcommittees, and develops a sector planning process and schedule, • Remaining time I year or longer • • 6. Committee and subcommittee meeting times to be determined by the committee and • subcommittees. 1 I 1 ' { .1 f. > I • • t f Mo. 7. The committee may recommend amendment of any part of the Dent ?I•M4~1 at any time rather than recommendation of the whole plan at once. 8. The Committee may recommend ordinance amendments at any time. 9. The Concept Map should be reviewed and amended through sector planning. 10. Major issues for initial exploration by the Committee, a. Revise the Concept Map, Refine intensity area boundaries and Appendix A study area boundaries, • Complete this detailed planning project by neighborhood or sector planning, • Adopt a goal that the Concept Map, the zoning map, and actual land use should be the same, • Deal with existing zoning which is inconsistent with current intensity area designation. b. Revise the Thoroughfare Plan, Add the collector street system. C. Expand the planning area to the ET]. d. Consider adding water, wastewater, parks, drainage, and school master plans. C. Conduct studies and consider increasing intensity along 1-35 and Loop 299, while improving the community's attractiveness and brand image along major entranceway corridors. f. Refine policy sta(ements, for instance: 1) No more than 1/3 of moderate activity area can be commercial or .retail, 2) No more than three corners of a moderate node may be commercial or • retail. 3) Site plan policy that may require PD zoning in most zoning to nonresidential use. 4) Refine 112 mile separation policy adding, "on the same side of a street." 5) Multifamily policy, the current policy defines multifamily at 12 units per acre or greater. g. The Committee should consider shortening the Plans volume by deleting land use r. projection data and consolidation policy statements, for instance. ~ h. Include analysis of the Vision Project developed strategies, AS%00955 n' s c;. 0 DENTON ~ooooaoaQ~aooo oo°~ lp oo°~ ~'o °o G ~ Q eFi C~ 1, © Q I DOa~~ ~ Odd 0°40oao 0 ono°°° 0 CITY COUNCIL • , • Na ° O 3 AW40I" ow DATE: November 1, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Great American Main Street Awards Resolution RECOMMENDATION: Staff recommends approval. BY~ The resolution states the Councills support for the community's downtown revitalization activities, such a resolution is a necessary part of our entry in the Great American Main Street awards competition. BACH QO UN D : City council approved this resolution last year. we have to submit a new resolution for the 1995 Great American Main Street award. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Main Street. FISCATf IMPACT: None. Respect lly submitted: • Prepared by: L1 . Hare 1, city anager i i' Frank H. Robb s, AICP Executive Director of Planning and Development AXXOM4 • i e {G fotta Gy j,' • A: WENTKAIH,RES WW RESOLUTION NO, A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT M ERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the downtown area and the Square in Denton has been the 'local point of the commercial and social growth and success of Denton for nearly a century and a half, and continues to hold a place of honor in our community; and WHEREAS, the citizens of Denton and the merchants of Downtown Denton have endeavored to preserve and promote the unique heritage of Denton, and many volunteers have unselfishly contributed untold hours of their time and effort to the economic revitalization and development of the Downtown Denton area and the Square; and WHEREAS, the citizens of Denton, the merchants of the downtown area and the Square, and the employees of the City of Denton Main Street have joined in a unique partnership in promoting these objectives for the downtown area and Square by forming and a supporting the Denton Main Street Program and they believe that J downtown revitalization efforts in Denton represent; the spirit of our pioneer forefathers and the vigor of our present day entrepre- neurs; and WHEREAS, the success of the Denton Main Street Program in restoring economic vitality, preserving and restoring historic sites and the resulting commercial and social success in the Denton Downtown area and the Square is unsurpassed when compared to i similar communities and should qualify this program for a Great American Main Street Award; NOW, Tiii;'REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi SECTION 'I. That the City of Denton fully supports the entry of the Denton Main street Program in the Great American Main Street Awards competition. SECTION II. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of 1995, . • BOB CASTLEBERRY, MAYOR i~ i. 1 1 i '1Pnai Vo " J,, i„m UId6 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r, BY: `7;ln~l- i r r k PAGE 2 % • ~ i a f~ S2 ri I~ S ~ iU~/ ia~F~!~Sa,. t, Fr ~..J~ 0 r DENT 4N oo~°a~°~~ooo QQD OF D DOOO ~Oop o a o o ] p o d ~ QO DOO~~ QQ 00~~ o N ~ ~ QQO oaa onoo ~ CITY COUNCIL 40 CITY OF DENTON, TEXAS MUNICIPAL SMOINp • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TOt Lloyd V. Harrell, City Manager FROMt Rick Svehla, Deputy City Manager DATE: November 2, 1995 9UHJECTt Willowwood Sidewalk Project Attached is a memo from the Engineering Department giving us a status on the project. This has been a lengthy process. We have been trying to seek concurrence and agreement from the neighborhood for almost two years. We are dealing with six property owners one at Kendolph and Willowwood (1808 Willowwood), three midway between Kendolph and McCormick (1522, 1520, and 1516 Willowwood) and two close to the intersection of McCormick and Willowwood (1414 Willowwood and 1816 McCormick), As you can see from the attached drawing, there would be easements required in this area to accommodate the sidewalk and to save trees (1522, 1520, 1516 Willowwood), or to cross drainage facilities (1808 Willowwood). we are suggesting getting easements across four properties! 1808, 1522, 1520 and 1516 Willowwood. we would also suggest removing the cottonwood tree on 1414 Willowwood thus eliminating the need for an easement at 1414 Willowwood and 1816 McCormick, We are seeking concurrence with the Council on this item and would ask for permission to move ahead so the project can be completed, if it is agreeable to the council, we will move ahead with negotiating the standard unrestricted easements for the four property owners at 1808 Willowwood, 1522 willowwood, 1520 Willowwood, and 1516 Willowwood and ensure that any engineering or physical improvements are made that are required by our sidewalk regulations for each of the owners. d r. 'Dtdkated to Quality Service" 0 ti " . 0 Apri* M0. Agenda Rem Lloyd V. Harrell Data November 2, 1995 Page 2 If you or the Council has further questions, T would be happy to answer em at your convenience. Rick Sveh a Deputy City Manager RS:bw AMM00729 Attachment v 1 . i , • • Apo& No. Ao"e, mm i Del 1 MEMORANDUM TO: Roger Wilkinson, Engineering Tech Supervisor FROM: Paul Williamson, Engineering Tech II DATE: October 11, 1995 SUBJECT: Willowwood Sidewalk Easement Acquisition Status Recently you asked that I summarize the chain of events that have led to our current position on the above mentioned project. I have conferred with Dave Salmon and Ron Forsythe for their input on history of the project. The following time-line provides a brief synopsis: February 1994 - Letters asking permission to survey properties along Willowwood right-of-way were mailed to affected owners. March 1994 - Survey work was performed and a preliminary schematic was developed showing two possible sidewalk alignment scenarios. One scenario showed the sidewalk on the south side of Willowwood Street from wisteria Street east to McCormick Street. The other alignment scenario showed the sidewalk on the north side of Willowwood from wisteria street east; to McCormick street with a section of the sidewalk to be incorporated in the street because of conflicts with terrain, fences and landscaping. AugUSt 260 1994 - Letters notifying affected owners of a public meeting to be held at Denia Recreation Center were mailed. owners were informed that the meeting was being held as a forum to receive their input concerning which sidewalk alignment would be most acceptable. 4 September 13, 1994 - Public meeting was held at Denia Recreation Center. Preliminary plans were available for viewing showing both alignment scenarios. Negative feedback from owners along the south side of Willowwood Street strongly influenced the decision to locate the sidewalk on the north side of the street. The general consensus at the meeting indicated that the north Bide was a viable alternative. March 13, 1995 - Letters were sent to affected property owners informing them that the revised plans for the sidewalk would be available for public review the week of March 20th, 1995 in tire Engineering area at City Nail. • O Ageuda Nd. Agenda Item March 23, 3995 - A phone poll was used to quest ciffe property owners on their feelings of a potentia acriorl to prohibit parking along those portions of the street where the proposed sidewalk would be placed. Several owners indicated that they were opposed to the no parking proposal. Based on the affected owner's comments the decision was then made to locate the sidewalk totally out of the street, on the north side of Willowwood Street, This decision was also influenced by the initial. public reaction to the Morse Street Sidewalk Project that was underway at this time. As you may recall, some sections of the proposed Morse Street Sidewalk were to be incorporated into the street for the same reasons as Willowwood Street sidewalk (Le, trees and other limiting topographic features), However, due to citizen input, the Morse Street Sidewalk alignmont was reevaluated and moved out of the street. Summer 1995 - the owners of those tracts in which sidewalk easements are needed were sent easement documents ready for execution and copies of the plans illustrating the city's intentions. 1 have prepared a brief outline on the status of the easements required for the Willowwood sidewalk project. Our position to date is as follows: Situs__1808 Willowwood - owners: Andy f Ethel Kerestine - In late August of 1995, their attorney informed us that in exchange for the sidewalk easement across the Kerestine tract they require t three conditions to be met as follows: 1 - They would like for the City of Denton to Indemnify and hold them harmless from any accidents or injuries to persons using the proposed sidewalk crossing said premises. 2 - They would like for the City to pay for and install a landscaping buffer along the proposed sidewalk. 3 - They would like for the City to provide a concrete driveway from the street to the concrete slab existing on their property. • Situs _1522 Wil.l_ctgwood - Owner: James J. Feldman - In telephone conversation on October 4th, 1995 Mr. Feldman stated that his property at 1522 Willowwood was under contract for sale to his neighbor, Philip Condon. I spoke to Mr. Condon by telephone on October 5th, 1995. Mr. Condon asked that I send him a copy of the easement request. Mr. Condon stated he would like to see the proposed sidewalk alignment and might be agreeable to the O execution of the easement prior to the conveyance of the tract if • • he found the request acceptable. Mr. Feldman and Mr. Condon were mailed a duplicate set of the easement request and both will be contacted later in the week for their views on the matter. O 0 r • Q) APPO ntm Situs: 1520 Wi.llowwood - owners: Bruce and Mar' r" - In a telephone conversation on October 6, 1995 indicated that he wasn't particularly enthused about the chosen alignment ( north side vs, south side of Willowwood) but he did not want to "hold up" the project. He said he would consider giving the easement but first he wanted to confer with his neighbor, Mr. Waggoner, as soon as Mr. Waggoner returned to Denton. Apparently Mr. and Mrs. Waggoner have been out of town for the past few months. Situs: 1516,Willowwood - owners: Joe and Ann Waggoner - The Waggoners were sent an easement request during the last week of August of this year. Mrs. Waggoner indicated by phone that she and her husband were about to go on an extended vacation. She had some concerns about the proposed relocation of her fence. She also had some questions pertaining to the revised plan she received in the recent easement request package. I told her that due to the sloping terrain along her frontage and along the chamberlain's frontage that a retaining wall and toe wall would be necessary to install the sidewalk properly. The Waggoner's have been sent a follow-up letter asking them to contact us as soon as possible concerning the status of our request. They are expected to return to Denton soon. Situs: 1414 Willowwood_.- Owners: chuck and Kay Scott - Mr. Scott received the easement request during the last week of August of this year, He telephoned several members of the Engineering Department staff indicating his displeasure with the proposed alignment of the sidewalk in front of his property. A sidewalk easement was requested in order to allow for sidewalk installation and at the same time to spare a large cottonwood tree that exists in the right-of-way. He vehemently indicated that he would never grant an easement for the sidewalk on his property, Due to the close proximity of a concrete drainage channel to the cottonwood tree and significant grade changes around the tree the best solution here would be to remove the cottonwood tree and straighten out the sidewalk alignment. Thus no easement would be required from the property owner. Situs: 1816 ,Mccormick - owners: Michael and Deborah Sizelove - ' In a telephone conversation on October 10th, 1995, Mrs. Sizelove indicated that they would be agreeable to granting the sidewalk easement. I told her that the proposed easement may not be needed if the sidewalk alignment is changed and the cottonwood tree removed. She indicated that she would prefer for the cottonwood tree to rEmain. AEE005FI • • E N y _ E f"DICAP RAMP S ' 1808 WILLOWWOOD o 0 M w1LLOWwOOD _ WIL to+oo 11+00 12+0 0 . AM1W DR. r 7-1 8' USH 1803 rILLOR 1811 WILLOWWOOD WWOOD WILLOWWOOD g • 1"=30' • s i N V~E S 1522 WILLOWWOOD Rwl" -nara~ t~R m w w CAUTION; GAS LINES LK - 40 ' i MET. CONC. GAS DR, ❑ DR. a t. WILLOWWOOD 18-4-00 19+00 1 "=20' I • • r i i J', N V E Bw MDZWuJK I 1520 1516 s WILLOWWOOD WILLOWWOOD C. ros-l►ALL (DICTAIL ♦-A) ros-Wntt. (DSrm, a-B) ~aa "95A acas~ u,. y6 10` ° 10 w teal q k WAR GD~L AVEL .70 ~i - ' eb~`ef uan P i • 714- 00 a 00 - WILLOWWOOD nR. I4 CONC, f I DR OD 1519 j WILLOWW OD 1#=20' f f • M AMU TO BX MM V AND CONCFXrl CHIP MTCH SOD [ 1414 I 1 A s WILLOWWOOD 1816 MCCORMICK ioCIINC, 36' f'' B~INICAP no 4' SIDE WALK i CWONC BUT COW SAW CUT WILLOWWOOD 24+00 +00 sivc rims 1 M ` 2 0 / - • GS 0 r DENTON o2o~aaaooooo0 0000 o b~~ooo p0~~~ ~o~OD vG ~ 0 0 ~ o po 00 pp0 . OC'O ~ 4A 000 4 N lls~-pQ0 °°aoo~oaaoo°°° I CITY COUNCIL r • • AOCnda No. Apenda Item 7 -9!r CI rY Of DENTON, TEXAS MUNICIPAL BUILDING • 2 f 5 E, MCKINNEY • DENTON, TEXAS 7620 f (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM DATE: October 25, 1995 TO: fonorable Mayoi and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: CIP BOND ELECTION With the Citizen's CIP Blue Ribbon Committee hard at work, the February 24" CIP Bond election moves closer. To plan for the election Itself, the City Council must determine polling places, in the 1986 bond election one polling place, the Civic Center, was used for all voters in the city. For the 1994 %:4 sales tax election, there were four polling places; Denis, MLK and North Lakes Recreation centers and Fire Station 44 (Sherman Drive). I've attached estimated costs associated with either option. Staff needs direction on the polling location(s) so that pre-clearance may be obtained from the U.S. Department of Justice prior to the election. This process requires at least 60 days and should be instigated soon to ensure sufficient time for the pre- clearance process. I've also attached the updated election calendar for your Information. Please let me know if you have any questions. no,ai • Allachmenly • AFFOOFEA "Dedicated to Quo1hy Sen-ice" ` rCt IIBni Jito BOND ELECTION OPTIONS OPTION 1 OPTION It One Polling Place Four Polflng Places with with Punch Cord' SaNots ' Punch Card Ballots Ballot Printing $2,000 Ballot Printing - $2,000 Election Supplies $ 650 Election Supplies $ 725 Worker Costs $36200 Worker Costs $4,000 TOTAL COST $5,850 TOTAL COST $6,726 AFFOOFFA i i • I MEN e e • ilk. BLUE RIBBON CIP CALENDAR SEPTEMBER, 1996 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SAT SUN 1 ~ a E 1 10 11 12 13 14 Is IS I) la 19 20 21 22 27 24 5:70 NICK OFF MFETINO - A11/E NIS6ON COMMFFYO WOUNCN CHAMBERS 25 26 2) 28 29 00 i OCTOBER, 1995 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SAT SUN 2 6. 6.. ) e s 10 It a is 14 Is SUS-0OMMM EE CHOICUSAlUOT6 DISCUSS NSU116 OF MCT ""WAEOS IB 17 15 18 20 2f WDP1l2EAMS ASSION® AAO 0110AAKM 22 24 26 26 27 26 00 31 _ AFFOORS I S i r I~ ri • as I e BLUE RIBBON CIP CALENDAR NOVEMBER, 1995 MONDAY TUESDAY WEDNESDAY THURSDAY' FRIDAY SAT SUN 2 3 4 S 6:70 P.M. • pUSLEC HEAR6M 8130 p,m, PIIaLID HEARS60 North LMa RFaF61011 CFmw • MLR RFGFMW CMrlw B T a 9 10 11 12 6r30 p m • PUBLIC HFAMNO 6:70 p,m.' PUaUO XIARMIO • Omh A",1100" co MM • 4/eNNCw 1l7YRn 13 14 18 IE 17 Id 10 WORK TEAM PRIONTY LNITS 20 21 22 20 24 26 26 THANKSGIVING tNANR 801VN10 HOLIDAY HOLIDAY 27 78 29 30 AE000E FTIOACT LIST AND iINA.. N90POf6DPI "Otf I DECEMBER, 1995 MONDAY TUESDAY WEDNESDAY THURSDAY' FRIDAY SAY SUN I 2 3 • 6 T a 9 10 4 6 FALL COMW rT&E VOTES ON 3 FINAL CM' I MT I5 12 17 14 16 IE FLANNMLO AND "UM COMMM6100N VOTES ON S YEAR PLAN • Ig 19 20 21 21 33 ` •CffY COUNCIL NEC LIVFS THE FLUE RMISON CM C,OMMM it RtOORY Of FIVE Y1.0 PLAN 26 26 77 21 79 30 1 CHRISTMAS CHWTMAB HOLIDAY Af/OOGF9 NM66" 70119 4: OF 414E [ 1~1 1l !r • • } BLUE RIBBON CIP CALENDAR JANUARY, 1996 MONDAY- TUESDAY WEDNESDAY THURSDAY FRIDAY SAT SUN 1 2 6 ~ 6 e 7 'CITY COUNCIL HOLDS A PUBLIC NEARING ON THE PROPOFEO C IP RECOM MENOATlONS 8 9 t0 11 42 13 11 'CRY COUNCIL PA5610 AN ORONIANCE CALLING FOR A 6ON0 EL ECTION ON FEWAAY 24 IA l5 18 17 16 19 20 21 21 23 24 26 26 27 21 24 30 71 PAE65 CONFERENCE 41E10 ..j FEBRUARY, 1996 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SAT SUN' 1 2 , • s e 7 e 9 w n 'EARLY YOTINO BEGINS 12 13 11 16 Ee 17 SOND • 19 20 21 22 28 26 lu ELECTION 2e 27 28 29 41FOOiF9 A"bw 1011 • per • f r f DENTON oooQap Q~oopoo . 00~* o No° v' ti dOO ~ OD 0 0 C: 0 o 0 000 r ~ ~ ~OOp oooa o N , ~ 0000 ooaao~ao~ ITY C COUNCIL r • i. nom ~ dMr CITY OF DENT ON, TEXAS MUNICIPAL BUILDING • DFNTOM TEXAS 76201 + TELEPHONE {817} 56B-$307 Office of the City Manager MEMORANDUM TO: Mayor and Members of the City Council FROM% Lloyd V. Harrell, City Manager DATES November 3, 1995 SU&PICTs Denton County Housing Finance Corporation Since I will be departing from Denton, it is necessary that I resign ara a member of the Denton County Housing Finance Corporation. Traditionally, this eleven member body has been composed of, six representatives appointed by the county and five residents of Denton, recommended by the City Council and then formally ratified by the Commissioners' Court. My term will expire on January 1, 2001. A replacement individual should be recommended to the Commissioners, ^ourt to V.11 the remaining portion of my unexpired term. I have included background information about the Denton County Housing Finance Corporation and about the current city repreaentatives. If you have any questions regarding this matter, I will be pleased to supply additional information. Lloyd V. Harrell City Manager LVH;bw AMM0072D Attachment • " i 'Dedkated to Quality Sake" • c • Awds No. Aflenh IPtm City of Denton City Council Minutes Dqe December 20, 1994 Page 20 6. Resolutions A. The Council considered approval of a resolution authorizing the acceptance of funds from the Ruth I. Anderson Estate; authorizing the creation of a trust fund and approving a budget for the I.M.A.G.I.N.E. Youth-At-Risk Program to be administered by the Parks and Recreation Departrient. The following resolution was considered: NO. R94-0''4 A RESOLUTION AUTHORIZING THE ACCEPTANCE Of' FUNDS FROM THE RUTH I. ANDERSON ESTATE) AUTHORIZING THE CREATION OF A TRUST FUND AND APPROVING A BUDGET FOR THE I.M.A.G.I.N.E. YOUTH-AT-RISK PROGRAM TO BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Vision Update There was no report for this meeting. 81 The Council considered a nomination to the Keep Denton Beautiful Board. Council Member Cott nominated Doug Ebersole for the Keep Denton Beautiful Board. 9. The Council considered nominations to the Denton County Housing Finance Corporation. City Manager Harrell stated that this item concerned nominations which the council made to the Denton County Commissioners Court for appointment of individuals to serve on the Denton County Housing Finance Corporation. The current City members were Mark Chew, Charles Hopkins, Linnie McAdams, Lloyd Harrell and Ray Stephens. At a recent meeting of the Corporation, chairman Don Hill • announced that the six year term for all of the Corporation members would expire as of January 1, 1995 so the Commissioners Court would • • be required to appoint all eleven members to carry out the business of the Corporation. The City was requested to provide to the II County five members it would like to nominate to the Corporation. The Corporation provided and assisted with low/moderate housing 0 O • L 0 Ag"da Jinn City of Denton City Council Minutes Dah ~7~= December 20, 1994 Page 21 s i needs in Denton County. Its main function was to issue revenue bonds used for first time home buyers. It also had independent money which it used to help with low/moderate housing projects in Denton County such as the Southern Hotel project and matching funds z the city needed for its HOME program. These were critical nominations and the city representatives were very diligent to make sure the funds were not diverted from their original purpose. These were six year terms and if a vacancy occurred before the end of a term, the corporation appointed a member to complete the term. Five of the eleven members had to be residents of the City and it had been a tradition that the Commissioners court had honored the nominations made by the city council. _ Council Member smith stated that the nominations made six years ago were members of the city council at that time. She felt that was a good pattern to follow to continue to have city Council Members on the Corporation except for Ms. McAdams who had a position on the State Corporation. Council Member smith nominated Mark Chew, Lloyd Harrell, Bob Castleberry, Linnie McAdams, and Harold Perry to the Corporation. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. The council returned to the Work Session items. 5. The Council received a report, held a discussion and gave staff direction regarding a 511 telephone system. Richard Poster, Public Information Officer, stated that the City of Dallas was also looking into the possibility of implementing a 511 system for non-emergency items. This system would access non- 0 emergency :services to rel» rt such itrims as a street light out, high weeds, etc. In order to have this system, there would have to be a consolidation of the dispatch functions which Uenton currently did not have. The system would have to include solid waste, streets, etc with the 911 calls. A dispatcher could send out the prober equipment or complete a work order to have the problem corrected. The system would be operated 24 hours a day. Concerns • of Dallas were that there would have to be some type of system to • • achieve selective routing to go to the correct entity, the Public Utilities Commiasion had to approve such an item and the cost of such a system. A final concern was that Dallas did not want its dispatchers to become a switchboard in order to access individuals in the organization. it was felt that over time that would resolve p 0 • w • Apenda~ 400 OL CITY of DENTONF TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76 0 y "Q1(! of the Maw na_or CITY COUNCIL REPORT TOi Mayor and Members of the City Council RROMS Lloyd V. Harrell, City Manager SUBJECTi Recommend to the Denton County Commissioners Court of five Denton citizens to serve on the Denton County Housing Finance Corporation RECOMMENDATION: Authorize the Mayor to forward five recommended names of city residents to serve on the Denton County Housing Finance Corporation. SUMMARY Currently, five citizens of Denton, who have previously been nominated by the City Council, serve on the Denton County Housing Finance Corporation. At a meeting held on Tuesday, December 13, 1994, the members of the Denton County Housing Finance Corporation were informed by President Don Hill that their six-year terms would expire as of December 31, 1994. By that date, the Council has been requested to submit to the Denton county Commissioners Court the names of five individuals whom the Council recommends for appointment to the Denton County Housing Finance Corporation. Currently, the following individuals serve on the Denton County Housing Finance Corporation: Mark Chew, Lloyd Harrell, Charles Hopkins, Linnie McAdams, and Ray Stephens. BACKGROUND= In the early 19801x, the City of Denton had formed a local housing finance corporation to provide housing assistance for low and moderate income individuals. The primary method for providing for such assistance was to issue tax exempt bonds which then could be made available at a reduced interest cost to first time home buyers. During the formation period for the City board, it was b suggested that the City of Denton seriously consider merging with Denton County which had also established such a housing E corporation. As a result of this suggestion, the Denton County enlarged the membership of their 11ousing Finance Corporation and amended their bylaws so that five seats on the corporation were filled by citizens of Denton. Since that time, the Housing Finance "Dedicated to Qualiq 5emice" „ • Aloob $k Mayor and Members of City Council Page 2 A Date 11 Corporation has continued to play an extremely important roPn providing funding for first time homebuyers. In addition, significant funds have been generated from these activities which are now being made available for other programs which benefit low and moderate income housing, Two examples of ouch assistance were recent payments to the southern Hotel project as well as providing matching funds for some of the City of Denton HOME activities. Attached as the back-up submitted to the County court and the by- laws for the Corporation. PAOGMAKS AIPECTED,t The City of Denton Community Development Block Grant activities, Denton Housing Authority, and first time homebuyers within Denton and Denton County. YZECAL Tff2hoi There should be no fiscal impact due to the City fn.,m making such appointments except for the allocation of time associated with serving on this important board. Respect lly Submitted, u Lloyd V. Harrell City Manager LVH:bw AMM0060C t Fiz- • • oou~ o a DON HILL. C0MA11SS10N81t PRBCMCT I •1 BRIEFING AGENDA MEMO DATE: DECEMBER 14, 1994 TO: COMMISSIONERS COURT FROMt COMMISSIONER DON HILL RE: DENTON COUNTY HOLISIVG FINANCE CORPCIRA'T10N APPOINTMENTS FOR EW TERM. BACKGROUND: THE 'TERMS OF ()FFJCE FOR DENTON r:OUNTY HOUSIN(4 FINAyCF CORPORATION ARE DUE BY DECEMBER 31, 1994. THERE ARF, 11 MEMBERS OF THE BOARD OF DIRECTORS, SIX MEMBERS HAVE BEEN AFPOTNTFD BY THE C:O!1MIS8IONBRS COURT AS REPRESFNTATIVE8 FOR UNINCORPORATED AND OTHER ML'NT(',TPALITIES OF THE COUNTY. CITY OF DENTOV SENDS A LIST OF 5 APPOI\TMFNTI: FOR COURTS RFVIFW TO OF t;ITIZF:N'fi r)F DFNTOV. I'HE TERM IS FOR 'ITX YFARS AND ALL APPOINTNESTS MAY RE REAPPOINTED, THERE ARF VO TFJR?I I I?FITS 1N HY-LAIoS. ) IMPACT ON OPERATIONS AND MAINTFNANCF: VA ILF,GAG INFORMATION: F,NCLW,ED ARE THE BY-LAW'S AND NRTWV,F' OF FHF. 00"10N COI.'NTY HOL)SIN; FINANCF. CORPORA:ITOS. • F'fNANC1AL fMPAC'T CON3IDF,RATTON: 'QA )'ROJF;C-T 61CHhDUL5) TN ORDFR TO KEF'P fHF HC)f•ST Nr; FIF CCRPORATION ABLE TO ADDRESS BUC'IN'E::S MATTFRN AT HA~fJ, rHT8 NEEDS TO BF FTNAITI, BY THE FIRI!T ()F JAN'IJAR1' 1995. • <ZF-COMMENDA`PION: RF('OMMFSDATION TO APPOT\T 8OARo C)F DTRFCTfRS As • r COQ `fT' BICINFRS COURT APPROVES SUCH APPOIIN MFN'TS' APPROVED HY: Cft"Otlff ON rna SgVAAN In NMI AVCtOR'► DoYrON, rZLa NWJ IMJAiby T! NAfTd ~7O.f16dlM PAr /19.M1Rp{IE 1 • • POOR QUALIFY DOCL41 E. ' Or ~ ~ IJPF)A'r'F.n I)12e)/Q1 AI} flr e 8OARD OF DIRFt"I'ORS L,. ---.MR, MARK CHEW 111"'C-PRE'S, {(817) 383710&ir_OFWWI CITY APPT P-0 8OX 272,5 (817} 387-47.94-H(:)ME- I~fiNTi7N, 'TEXAS 76202 2. VIC BOROFS3 COL WI APPT 19n3 CARNATTIN (214) 436-87)3-HO, 1,,FWTSVILLF, TFXAS 75067 (817) 380-1111-OFFICE 3. MR. CHARLES HOPKINS ALSO OFFfCR q CITY APPT 3321 DUNES (817) 382-6641-HOME DENTON, T'FNZAR 76201 COUNTY ApPC 4, MR. JT.M JENNE (214) 242-5315-OFFICE 11.20 Mh;'CROCRF,S'i, !(.108 (21.4) 242-8999-HOME CARROUTOK, 'rF.XAR 75006 CITY APPT S. OR, RAY 17"CF-PHEN'S ONT (817) 565A,140-OFFTCE 614 RTDr.F[:RES'I' (817) 3fh"E' 3340-HO,MF DEN'1'ON, TEXAS 76201 f t1 C(XWN APPP HON, 1)ON HPA, PRFS, (817) 3R3-8399-t;,FF1L'F 110 W. HTCKORY (817) 387-3h72-HOM61 DENTON, TEXAS 76201 COINTYAPPT 7• MTSSTO,4FR scorT ARMEN' (21,4) ''.)el-1571 911 N VALLEY PARKWAY (817} 381• 101) I.mrsvTL.LF, TEAS 7506+7 j r CITY APPT 8. NIP. Ll.tl}'n HARRFfA, CIF(''ITR (Al-0 566-8%04-0F'Fl('F i 215 R. ~IC'KTVNCI' Uf''lY)\, TF'XAS 76201 CY)UNTY APPT 1. "IRS. DTANNE FD!10Nf)SnN (817) F!i-D7)'E-H[IPiF: V 1) RIO: 90084 (817) 5f;S-CIti58-r'lE'I IUF DhN'FO,\, CEXAS 76206 • :ITY APPT 10, `IR41. I:T\'NTF ?ICADAIFIS IDO3 F;AWF, OR1VF, 4208 (81.7) 387-45()4-()I~FfCF! UFV'1'()V, :SAS 76201 'OUNTY APPT 1 Hn\(mu A91,F d1:1H:F: IFFF \IOSFI,G'F E10 W HICKORY SIRFF'T 6817) 3R.1-13tH IihFl(''F • t)F\ ,N, TF\AS tr;)nt 1 • r TFR,`IF, FNP)RF Uh'C'FIf1FR 31, 1904 j 1 1, • 0 - ' a .irk w 0 a zR BY-LAWS OF s' - DENTON COUNTY DIOUSINC FJrJANOE C0 ARTICLE I V9 3,t8 Powers and Purposes f`3 u 4 ~2 S•ry'$ ,SEC'TI N 1,01s Purpose. The Denton county Nousin Finance Corpor aticn• Lt he orporAt on s duly incorporat dar and pursuant to the Takes }lousing Finance Corporation Act (the "Act") for the purpose of benefiting and accomplishing public purposes of, and on behalf of,, Dencon County, Texas (the "Unit"), by financingg the co c of residential ownership and development that wily, rovid decent, safe and sanitary housing for residents of the Unit at prices they can afford, It has been detarmined and declared by th Lsgislature of the State of Texas that such residential ownership and, development will (a) provide' for and promote the, public health safety, morals, and we'lfarej (h) relieve eoaditions of unemploymen and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon un- employment, (c) provide for efficient and well-planned urban growt F and development including the elimination and prevention of pocan-, tial urban blight and proper coordination of industrial facilities with public services, mass transportation and residential develop- mane; (d)'assitst persona of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can afford, and (a), preserve and increase ad valorem tax bares of local govern mental units; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be public purposes and functions, The Corporation is organized solely to carry out the purposes of the act and specifically shall have the power to make or acquir home mortgages or make loans to lending institutions. SECTION 1,02; Pogiers. The Corporation shall have all such powers as are conferred'Sy the Articles of Incorporation and the Act, SECTION 1,03, Exercise of Powers, and Authorization of Bonds The exercise of any or all powers granted by the Act may be authorized, and the bonds may be authorized to be issued under the Act for the purposes set Forth in the Act, by r,asolutiun of the Board of Diructors of she Corporation, which shall take uf•fecc i~,uneliately upon adoption, SECTION 1.04. Books and Records, The Corporation rhall kaup correct and cumpfetu`boo<s nn record of account and shall kaep minutes of procaedings of its Board of Directors, e 0 • c> o ARTICLE II rr.t No n~bM1r-a, Board of Directors l~ -gq4 SECTION 2;01, Powers Number and Term ~g perry an a airs o t a orporation s a manage and controllz by the Board of Directors and, subject to the restrictions imposed by law, the Articles of Incorporation and these By-laws, the Board shall exercise and be vested with all the powers of the Corporatior' The Board of Directors shall consist of . I ' ) dire ectors, all arf- whom. shall be residants-o t a n t, and. of whar shall be appointed b the governing, body of that Ttia initial Board of Directors shall hold office for, such period as is apacifLC in the Articles of Incorporation. -e Subsequent directors may ba appointed by the governing body of the Unit for a tern, not in excess of six (6) years, and are removable by ths#.goyirnizlg body n: the Unit for cause oi: at'will,> Any vacancy ogcurring on the BoaXtl o filled by f Directors through death, resignation, or otherwise shall, be ` appointed mpember~to~~htold othe ffice vuntfilgthbdy of the e expiration Unit; the eto= for which the vpeating director had been appointed SECTION 2,02, -Meetings of Directors. The directors may hole'. their raestingn within or wit ut the tare of Texas as the Board of Directors may from time to time determine; provided, however, ,J in tha absence of any such determination by the Board of Directors. Cho meetings shall be hold at the registered office of the Car- i, poration in the State of Texas: SECTION 2.03, Regular Meetings_._ Regular Meetings of the s Board o~rectars steal a a wTCFiout necessity of notice at suah.ras and places as shall be designated, from time to ime, by res ution of cha Board of Directors. SFCTION 2.04. Special Meetin s. Special Meetings she held whenever called-by-Mr, pres ent, by the secretary, by a majority of the directors for the time betng in office or.-upon advise of or request by the governing body of the local govern- mental unit. The Secretary'shall give notice to each'diiector of each Special Meeting in person, or by mail, telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicacac in the notice thereof, any and all matters pertaining; cc the pur- poses of the Corporation may be considered and voted upon at a Special Meeting. At any meeting at whdch every director shall be p,;csenc, even though, without any notice, any matter pertaining co the purpose 'o,e the Corporation may be considered and acted upon. Whenever any n+, a is required to be given to any director here- e under, a waiver c reof in w"riti signed by the person or persons 0 entitled to such ticu, whechor afore or after the time scuced theruin, shall k equivalent to the giving of such notice. SECTION 2,05, uo,um. A majority of the directors shal]. con- stitute a quorum, an wren a quorum is presunc, action may be taken by ,a majority vote of the directors present, O l~, 0 • c> • i SECTION 2,06. Conduct of Business: At t ings o a Board of bireet'ors, matters perta n ng to the, t poration shalt be considered in such order as" the Board of Directors may determine, aw„r s i At, all meetings of the Board of Director , the prasid~ ens nt ~ shall preside, and in the abs6nce of the president, the vice president shall exercise the powers of the president. The sacratatryK of'the Corporation shall act as secretary of e all meetings of tha Board of Directors, but in the absanca..of... the secretary, thi 'pr"e iding officer may. appoint any person, to act as secretary of the meeting.' CTION 2.07. xacutiv_e Conaittu , The Board of Directors, by.rbso ut on pass,ad by a ma arity o t e directors in office, r' .nay designate two or more directors to constituie an exacutiva committee, which committee, to~ vhe extant provided in such reso- lution, shall have and may exercise all of the authority of the Board of Directors .in the sets, goment of the Corporations except where action of-the Board of Directors is specified by law. The executive committee shall act in the manner provided in such reso- lution, The executive committee so designated,shall keep regular r minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for,thac purpose in the o:;fice of the Corporation, and shall report the same to the Board of Directors from time to time, SECTION Z.08. Com et,lat'i'on' 'of Directors. Directors as such ' shall not receive any salary or compensation-for their services, except that they shall be reimbursed'for their actual expenses incurred in the preformance of their duties hereunder. ARTICLE III kr-^ndaNoQ _p Officers. A,,r~onda'!o /y rE SECTION 3,01, Titles and Tenu of Office. The officers of, the Corporation h a.1 e a pres ent, iv oe president, a secretary and a treasurer, and such other officers as the Board of Director-s may from time to time elect or arpoint. One person may hold more • than one office, except that the president shall not hold the office of secretary, 'forms of office shall not exceed th rea years. •The President and Vice-President shall be chosen from the members of the Board of Directors, The Treasurer and Secretary may or may not be members of the Board. All officers shall be subject to removal' from office, with • or without cause, at any time by a vote of a majority of the • O entire Board of Directors. A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. i • O • c> • I Apende Apert6e SECTION 3,02, Powers and Duties Date A ~Yy press ant s a e the chief executive o ca ration ti and, subject to the Board of Directors, he shall be in general charge of the properties and affairs of tha Corporation; he shall preside at all meetings of the Board of Directors; in furtherance. of. the purposes of this Corporation., he may sign and execute alL contracts, conveyances, franchises, bonds, deeds, assignments, Co mortgages, and other instruments in the name of the S CTI_F~ _0N 3, Vice President: The vice president shall have such powand rs duties as may be asoignad to him by the Board', of Directors and shall exercise the rowers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of ';h 4utias of the president shall be conclusive avidenea ox x' absence or.inab 1icy to act of. the president at theltime such aeei.on was taken. SECTION 3,04, Treasurer, -The treasurer shall have eustatly F' of aIT-the un s and'secur ties' of the Corporation which come into his hands. When necessary- or proper, he may endorse,, ar, behalf of the corporation, for collection, cheats, notes any', other obligations and shall deposit, the same to the credit of z. the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed by the Board of Directors; he may sign all recei is and vouchers for payment made to the Corporation, either alone or jointly with such ocher off Lear as is desi,,etsd by the Board of Directors; whenever required by the Board of Directors, he shall render a statement of his cash account; he shall enter or cause to be entered regularly in tha books of the Corporation to be kept by him for that purpose full and nceurace accounta of all monies received and F~,aid out on account of the Corporation; he shall perform all acts incident to the poQition of treasurer subject to the control or the Board of Directors; he shall, if required by the Board of Directors, give such bond for the faithful discharge of his duties in such form as the Board of Directors may require, SECTION 1.05. Secretary, The secretary shall keep the minutes or all meetings of the Board of Directors in books provefled for that purpose; he shall attend to the giving and • serving of all notice;;; in furtherance of the purposes of this corporation, he may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deedu, assignments, mortgages, notes and ocher instruments of the Corporation; he shall have charge oN the corporate books, records, documents and instruments, • except the books of account and .financial records and securities • A of which the treasurer shall have custody and charge, and such other books and papers as Clio Board of Directors may direct, all of which shall at all reasonable times be open to inspection upon application at the office of Lha Corporation during business hours, and he shall in general perform all duties incident to the office of recretury subject to the control of the board of Directors, (4) • • Aon* k ARTICLE IV AcM l roue Tm~ Provisions Regarding Articles . it. _7111 i Incorporation And By-laws ,r^n i~e2ome SECTION 4.01. Effective Date. These By»llaaws shaeffect Iva upon _MP t an y t e oard of DiradC , CTION 4. 02. Amendments to Articles of Incorporation and ` by-laws. a ticlas o ncorporat n;may at any time as rom time to time be, amended, provided that, the Board of Directors files with the governing body of the Unit a writtefa application requesting that said governing body approve such amendment to the Articles of Incorporation, speoifying is such appliaation the amendment or amendments proposed to be made„ If-said governing body by appropriate resolution finds and determines that it is wins, expedient, necessary or dvisable that the proposed amendment be made, authorizes the saute to be made and approves the form of the. proposed amendment, the Board of D~gpc:ors may proceed to amend the Articles as provided' in the Act. The Articles of Incorporation may.al'so.be amended at any' time by the governing body of the Unit at its sole discretion by adopting an amendment to the Articles of Incorporation of the Cor- paration by resolution of said governing body'and delivering the Articles of Amendment to the Secretary of State as provided in the Act. 'These By-laws may be amended by majority vote of the Board of Directors, SECTION 4'.03. ' interpretation of By-laws. These By-laws and all'th.a terms an provisions ereo shall Ta liberally construed to effectuate the purposes set forth harein, If-any word, phrase, clausal sentence, paragraph, section or other part of these By- laws, or, the application thereof to any person or circumstance, ' shall ever he held to be invalid or unconstitutional by any court of competent ,jurisdiction, the remainder of these By-laws and tha application of such word, phrase, clause, aentenca, paragra h section or other part of these B p ' circumstance shall not be affected-therebyIIny other parson or ARTICLE V Fiscal Provisions SECTION S', 01. Mon rofit Cor oration Dis position of Ea~rni_ns"~- a orporar on s a u c non- • pr o No d vi ands shall el+ t on, o er be paid, and no part of the e net earnings' ~ of the Corporation shall be distributed to, or inure to the ben- efit of, its directors, or officers, or other private person, association, or corporation, except in reasonable amounts for services rendered, and except that in the 'event the Board of Dix- vision determinu of a sufficient expenses, pbonds, 0 O • Fq AgWi No. A~e~ei ttiat i i and other obligations of the Corporation, of the Corporation thereafter accr4ing shall pe paid to the Unit; provided, however, that nothing herein contained shall prevent the Board of Diraetors'from transferring all or any of its part properties in accordance with the terms of any contract or agreement entered into by the Corporation, SECTION 5.02. Fiscal Year, 'Th* fiscal year of tho'Corpor-' motion s'shan_Ti as det`e nxm"ed by-the-Board of,Dizectors. , SECTION 5.03, Checks Demands fort ey. and Notes, All checks or demands for money an notes o the rporaoa":hall be v signed by such officer or officers or, such other parson or parsons as the Board of Directors may from time to time designate provided that in no event shall a chock be nagotiable until it is aigned by at least one officer, i !P 'ION 5.04. Uissolution,of Corporation Distribution of a Fundl rtias pan dissolution o c he Corporation, title to a funds an properties or in;crest in any real or personal property. owned by the Corporation at the tima.,of such dissolutioa ?p shill vest in the Unit, and possession of such funds and properties, or interest in properties nhall forthwith be delivered to the Unit,,..' ARTICLE Vi General Provisions A~^ndt,No 1 ' Ageratlallem f SECTION '6'.01, Prih'c'i 'a l' Office, The principal office of jQ f r the Corporat on shal a Within tie unit. { The Corporation shall have and continuously maintain in the State of Texas a registered office (which may be, but need not be, the same'as the principal office) and registered agent in accordance with,the provisions of Article 2,05, Texas Non-Profit Corporation Act, The Corporation =y change its registered office and registered agent in accordance with the provisions of Article 2,06, Texas Non=profit Corporation Act, Proceso may be served on Clio Corporation in accordance with the•provisi,ons of Article 2,07, Texas Mon-Profit Corporation Act, • SF,M ON 6,02, Seal, The seal of the Corporation shall be as determine y the Hoard of Directors, SEMION 6.03. Res-' nations, Any director or officer may resign at any time, Such rus gnacion shall be made in writing. and shall take effect at the time specified therein, or, if no ' • time be specified, at the time of its receipt by the president • • Co- secretary. The acceptance of a resignation shalt not be necessary to make it effective, unless expressly so provided in the resignation, ~6) , • ARTICLES Of WCOR?ORATIOtt 01P~r DEWMN COUNTY IIDUSiNO FINANC CORI'OftA THE STATE OF TEXAS COUNTY OF mrow f Ilc~ I WE THE UNDEASIONED natural persona of the age of eighteen (,151 years or mare oitiaons oR the State of Texas and residents _of. Anton County, iis" (the "Couaty",,which is 6 dulY orated. and .IL eats llohod County under the Constitution cf.tha Stets ob-TQxAe), Aottog• as incorporators of a public inatrtras►lt Al1't aAiTl+on=t+Kafi.c corporatipts (the "Corporation ) under the Tax"' Ilousin yinanau Corporations Act (the "Act") having been granted Authority by tlu> Eoverning body of the County as evidenced by tho rosrolution Attavt,• hereto as Exhibit "A'+, do hereby adopt the following Artielas of Incorporation for the Corporations ALTICLL OHr The new of the Corporation is Denton County Housing Finance Corporation, ARTICLE TWO The Corporation is a public instrus►uatality and non-profit corporation, ARTICLE THREE The period of dur,ktion of the Corporation in perpetual, ARTICLE FOUL The of benefitingoandiaccomplishinfggopublic purposes offhand an WICLIi' of, the Counr;, by finanointt tha cost of rcaidencial ownership and development chat will provide docent, safu and sanitary housi,nr, fo residents of the Count yy at prices they can afford. It has h,van ( tutminod and declared h the Legislature of the Statu of Toxoo ch.;, Such rosidontial ownernhip and development will (a) provide for nuu promote the public haalth, safety, taorala+ and welfare; (b) reiiuu,• conditions of unemployment and encourage tha increase of iv.duoCr and commercial activity and economic development no as to veduc. the evils attendant upon unomploymeotl (e) provide for officiunt and we 11-planned urban growth and davelapmant including the ultra- ination and prevention of potential urban blight ppublic the }tropur of industrial - tacilteiss with developments(d)assiotiporsonv.of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can affords and (n) reaarva and in- crease ad valoram tax bases of local governmental units, and Cho • foregoing have bean determined and declared by Cho Legislatura of Chu State of Texas to lessen the burden of government r,nd to be public purposoS and functions, of the h Act Corporation is and specifieallya sha I I have solely powur carry to u iraka the oruac- quiro hone mortaeges or make loons to landing inatitllttans. • ARTICLE YIVC • O The Corporation hits no reombora, it 0 - - 0 ARTICLe. SIX A" ROM These articles of incorpordtlon MAY at any iW to tine b, amended pursuant to the procedura6 re a ng We rato as met forth &A the Act, ARTICLE SEMI The street address of the initial registered office o: the Corp exaoraeion to e 1 r : , _ ooneeR T s and the Rase o is n t a sap care agent at auc a sees ' 1e J~trY Jekn Cri~ford ARTxcLE. clans ; The affair's o! the Cerperatieq aI ball. be'rwnaged by a beord of directors which shall be composed in its entirety o! ppersona ap• pointed by the governing body of the county. The nUet of dlr- eators constituting the initial board of directors is, :lyo The noses a11d addruses of the perssna who., art, to, aarvj p,, a initial 'direators,' and the ddtse of &Vrdtioa of their Itiai terms as directors, are as follows, DATE Or M R tlQllert~ r~ t_:M Jerry Doha Crawford, 1304 San Aateas, Lavieritle, XX, 75067 13.31-eF Chapter sparks, 3500 wixso soad, Denton, TX, 74:401 13-11-,,I Lloyd D. Odle, Reata 3, tax 91-A, Lewisville, IX 75016 13-11-ht C. N. salmon,. Apato 2, toe 33, Argyle, TX, 76336 13-11•,. 4, R. Bwitaar, Route It 4ax360, Saager, TX, 76346 l3- Each of the initial directors resides within the County, Each dir- eotor, ineludin66 the initial diraetove, shall be eligible for ro- appeintaant.,4 Dlrectors are removable by the governing body of cho ' County, for cause or at will, and mint not be appointed for a tarW in OXCeae of six (6) yearg.> Any vacaney occurring on the board uC directors through doath, resignation, or otherwise, shall be filled by aPpointaant by the governing body of the County to hold office until the expiration of the torts for wh±uh the vacating, director had been appointed, ARTICLE NINE The name And street address of uach incorporator Lai NAMES ADORL+SS Lloyd 0, Odle Route 2, sox 91-A, Lewisville, TX 7S050 Chaster Sparks 2500 Mingo Road, Denton, TX 76301 f Jerry John Crawford 1300 Dan Antone, Lewisville, TX 75007 AL^^daM0 Each incorporator ranidau withln the County, Aga„,,~lfE q Da a- / , 0 s F \1 '~t 1 ARCICLE 7CN A fasolutioa ,tp roving the form of thas ration has bean duly adopted by the aovsrnl a un tg J The date at the adoption of such resolution is ~A copy of the resolution is attached hereto ae I Any obligation i[,Qurred by the Ceccppeeratlon (Ln*ludisty bonds or Interest thereon) shah„ be p&yabla solely from the revawae of the Corporation which shall be paid into a special fund or funds or the Corpporation as its directors mAy provide by,raaotutig4 I'ha County H I not in any event bo liobla in any marmot lot,or with respect to the paYmaat.from fuada under its aontrol,Ox..[wyr obligatloets o1r aireaNbto areatYd er incurred lY the Corporatiaa and no o tatioca'oi A~ay~ 4~a 01_tIN CO&VOjACLan hall'4f'6"Stttiad as ia4 iodabtedaeos,.XUj&tion or moral"oblih &-a tM County, i ARTICG' Mx ty No d"en" I. shall ewr be paid by the ~ ration sad ao pa.i. of itsaf t of the t~~t naeaeacry s~ t t of tAa~Y - . it ebeodasae of a ~tlon,ov to l.~p1 Fyne County fov which the corporation has-bNa o~tok"),owU be :.I distributed to or Lenore to the `%%ofit of LOS,"*6otera oe eftloart or any pvivata persaas firr, oor~+sstioa, ov aaaeeL"li a ometpt' In soesooabl4- po~nte for aerviosa,rendamd,` Ma.aubatartiai part.., of the Co"watioa s activities sbM be oavsyixp on prepatanda, or otherwise attasyting to lnfluono,s lagialatiieonn, and it afkiall not participate in, or incervena in (inaludin the Oublishin or - distributing statements), any politiwa 4as►p&1 pn on behalf a or in opposition to any candidate for puSlie offUs. If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any fwu4% or property of any kind, root, personal, or mixed, such funds or property or. rif~bts thereto shill not be transferred to private ownership but shall be trans- farred and delivarad to the county, after daRsfaetion or pro- vtsions for satisfaction of dubta and claims, IN WITNESS WHICOF, we have haraunto sat our hando, this tho 1 day of Jr"u.rv, lost ,elAift. Lloyd D. Odle 5 Ch to tat sparks e Y Jo n C ar[or4 • I I { t : i r 4 -i.r .t ,p t 1 1 'Apenda N0. THE STATE OF TEXAS 44 COUNTY OF DMON 1 to I, the uadareigned, s Notary "It* do Mreb o.rtif that on this ie day o!: a.e■.rY, uses ,e1Sflaz pi before rntanaliy ep~jared ne% to rjl. so re y I~fi'~her are tba pe+rsooa As etp Lob" ,ed the tore t ing documents as inoooorsterso and that tM s,t eharoin contained are true, day end WIe Sowa sor,- Iiha" 4A"Wro Asir' q.haold sad Aeal tho I {JSaa■ 0aebaelk) `t1 p171ij~C• Lary u ohm or enton . County, TEALS r,1 My Commission Sxpirae: g.aoga ' •(NOTNIVIUSLIC SEAL) a • , 1 , 0 4 A RESO LUTION by the Coasissionera' " County, Texas, authoeising and e creation of a non-profit torpor ie M on its behalf under the "Taxas Corpporation Act" and approving the of Incarporacion proposed to be used in argon. izing the Corporetion, a WHEREAS, A written application requesting the authorization and approval of the creation of a non-profit corporation to act on behalf of Denton County, Texas, under the provisions of the "Texas Housing Finance Corporations Act" (the "Act") and having t attached thereto articles of inabrrppo,o'rreEion proposed to 6e used In orzanizing the Corporation has titan filod with this Comis stoners' Court; and WHEREAS, the Commissioners' Court Is" "comaiderod Such appgil.t tion and has lound and detars►ined that such- 'is'signed by not la „ (18) years of)apgo anddQapqualifiadeilector of Denton Cniunty i T xne~ and that said application is otherwise proper is fort an aontuut i in accordance with applicable law so that it sma be reviewed and acted upon) and WHEREAS, the Commsissionar.s 'Court h: .considered chi arcicir,; of incorporation proposed to be used to organizing the Corpora'.,. as submitted with the aforementioned application and has, found determinad that they are proper in form and content and should I. - approved; and WHEREAS, the Commissioners' Court has determined that a profit corporation created on behalf of the County, purouant cc cha Act, is wise, expedient, nacsesosy or advisable and would'.. y of benefit to the County And its inhabitants; that accordingly the creation of such corporation should be approved and authorim,•.i; therefore BE IT RESOLVED BY THE COMMISSIONERS' COURT OF DEWON Coutrn, TEXAS, i SECTION 1, That the findings and detnrvtnationo vaoitod tha preamb a hereof shall be and same are hereby made a part of thia resolution to the saws uxtant and with tha like effect nn though again sac forth huroin at length. SECTION 21 The creation of a non-profit corporation to arr. on bel'a`ff o~ `banton County, Texas, au requested in the afore- nentioned application be and same Le, hereby authorized and ap(reQ SECTION J, The articlao of incorporation proposed for ul;(, iu organ z nI e a Corporation as sub,uitted with said application (<,nj attached hereto for purposes of identification) ere hereby npprov,.! and the number and nomas of tha parsons who are. to serve as thj t inisa al board of dLrectors as therein sat forth are likewise ap• proved and with like effect as if herein AQPointud as thu initial dire,-.tars of said Corporation. The County herein grants authorlrv for the incorporation of tho Corporations S' CTION G: That it IS hereby nf.fictally found and dotarn,ir.a0 that a caue U emergency or urgnut public nceeoaity exiscn wig l requirao the holding of the wootiug at which thin Ite,iolution is 0 adopted, such emergency )oing; that Clio adoption oc thiu Rosolw is necesaary for the incorporation oC a housing; finnncu oorpur&:, under the "Texas Ilousin;; 1'innncn Carporatinnn Act"; and ehar• i h proceeds from tlta iasuanne of ourb enrpurati.on'o hood urn ua:"„ As soon as posoibla and •,iith,uc ],,I IV fn, unuc:u;ary raid urr;,- . needed rouidentlal houaing for Diwiiona or, low and ,uoeoratd 11,r ~ fl • within the County that Maid netting wss oppeen e quiecd by law= and that Public notice of the t 4.!M r6 bn Pose of suit meting wu given as roquissd by V ' St, ut, 6252. 7, as wren td, SCC12 Sn This aaoolution shall be off* Do its P76-M-41340 and it is so savolved, PASSED AND APPROVED, this the 14 day of asters AGO&A 1960. tY i r~ty '1'J; nC0 ATrTC~t'~ Y t as . a 10 el eh•.iCOiaLdriolutr' Covet Denton Countyo TEW o! - A~flli~filt9 o~te (Ctom,,,Ctt. Sul) 8 d04 119 l,~ I I _ i a • A1Mh Ma APPLICATION TO THE COMMISSIONERS' COURT COUNTY, TEXAS, TO AMEn1D THE BY-LAWS 0 COUNTY HOUSING FINANCE CORPORATIJON • Agandalle Dato f 2'~~ 17000 The undersigned, President of the Board of directors of the„t m.ton, County Housing Finance Corporatinn:--hlfrsby files - with the governing body of Denton County;Texas, an apphi6atiod in writing requesting that said governing bodq approve an amendment to Sec~_£on 2.01 of the By-laws of the Corporation t pravi for. ' Idirectors,,of which number 4M &WZO text of Section 2.01 to read as followsi "SECTIZON 2.01r "Powers Number and Term•of Office. The,property an affairs o t e rparat oq.,,g e managed and controlled by the Board of Directors and, subject to the restrictions imposed by law, the Articles of Incorporation and these By-laws, the Board shall exercise and be vested with all powers of the Corporation, The Board of Directors shall consist of 7,7,8W 4 (t directors, all of wtiou shall be residents o t e nTt-, of which number -4 ( S ) shall be residents of the f City of Denton, xa3, and all of whom shall be appointed by the governing body of the Unit. The initial • Board of Directors shall hold office for such period as is specified in the Articles of Incorporation. Subsequent directors may be appointed by the governing body of the Unit for a term not in excess of six (6) years, and are removable by the governing body of the Unit for cavse or at will. Any vacancy occurring on the Board of Directors through death, resignation or otherwise, shall be filled by appointment by the governing body of the Unit, the appointed member to hold office until the expiration of the term for which the vacating director had been appointed." Respectfully submitted, this day of 1981, • e ent and of Directors De on Co n Housing Fin~tce Corporation • ATTES • O ecr t r.y oar o D rectors Denton County Housing Finance Corporation (Seal) APPLICATION TO THt COMMISSIQ~,~~,,~9~'~ COUNTY, TEXAS, TO AMEND THE' BY-f.AW OF TH COUNTY HOUSING FINANG.E:;C6~lP The undersigned, PresiK dent and Board of Cir s the D t.C6=ty. Houiing o! g inance Corporatioer with the: governing body "o F t- inane _ fifer . ~`le+► in writing requesting that said Ctaunty, TRXa).f6' ap^Yeat'on governing body approva an amendment to Section 2.01 of the By-laws of the corporation to provide for a reduction in t rhorstion twelve "(12 to elevenj.~ 1.L 1e ,r„,of directors :from . thRlAtaadsd.t.NCt tlf.;8edsidtw~.dh.: Y^ awe to read as followse 777. "SECTION 2, 011 Powe - Te I. of, CKoe. rhs'property an We re o e Corporat ga_p manved and--controlled by the Board of Director's" ii", subject to the restrictions, imposed by law, the k,ttieles of Incorporation and these Bar-laws, tthe Board shall exercise and be vested with 61;;1, powRrs of the Cos,+aration, The Board of Directors shall.qbnsist of eleven (lf) directors, all of whom shl;)e residents of the 'bnit, of which number five (5) 411'be residents of the } City of Denton, Texas, and all of whom shall be appointed by the governing body of the;.$ait, The initial Board of Directors shall hold office tfot• such period as it specified' in the Articles of Incorporation. Subsequent directors may be appointed by the governing body of the Unit fo., a term not in excess of six 'years, and are removable by the governing body of th'e.. Wit for cause or at: will, Any vacancy occurring on the ,Board of Directors through death, resignation or otherwiie, shall be filled by mappointment by the hold office governing the d of the expirationnof,th}feterm inted for which the vacating director had been a Xpointlad, " Respectfully submitted, this day of 1982. l s e , card of Dire t s ton ty Housing Vi nce porat ion • ATTEST. Sere cry, ar o D rectors Denton County Housing Finance Corporation 'Sodl) , 0 DENTON i ooao~aoQdQOQ~o 00 ~ 00 o co d E a 000 r ~ ~ ~ppp ~ °ooo ° N ~ ~oo° I ooa~00 r s ITS' COUNCIL r a ~ -r • MY OF PENTON TEXAS MUN10PAL BUILDING ~ DENTON TEXAS 76201 • TELEPHONE (817) 566.8307 Office of Me C 41Y Manager MEMORANDUM DATE: November 21 1995 x TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: -leetrical Code Board - Council Member Brock has nominated Perry McNeil. Keep Denton Beautiful Board - Candice Salomone has recently resigned. This is a nomination for Mayor Pro Tem Biles, If you require any further information, please let me know. Jenp~p er Wal erg CMOIecretar ! ACCOOOF4 • • 'Drdkated to OWUry &MU" , e ~ c> a r .S 3 DENTON p V300000? p 4, 00~~ p Av C] ~ p o° C- O O ~ ~0 OOp~4p ~~<Oqq ~ppp r o N ti ICJ °oaQ~o~a~'jJ~ H CITY COUNCIL 0 e r . • ; 1~ Q • • 1 i I L ` r Y~ d. . ~ ! p • c., 0 .i i f7 ; • a ad 'j 5 p is LEE i 1 4