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HomeMy WebLinkAbout02-13-1979 71 AGENDA CITY OF DEMN CITY COUNCIL ; FEBRUARY 13, 1979 special Called Meeting of the City of Denton City Council, Tuesday, Fehruary ti 130 1979 at 7100 p.m• in the Civil Defense Room of the Municipal Building: ! 1. Consider Service Center Facilities Analysis conducted by LWFW. { 7. Consider recommendation of tre Site SSelec ismirnittes and architect for the Police and Fire Facility. 51 ~2 3. Considar~~repoFt orj contr pit4 {smithh Deg orpor f~ 3 4. Consider amending the Water and • Jer Rate Qrlinaann/cce. i 5. Consider the recommendation o! the Plumbing and Mechanical Code Boar to ri amend the Plumbing Code for an extension of the time period of temporary gas service and for establishing an inspegtion fee. 6. Consider a Resolution on procedure to be used for payments for oversized ff utility lines and streets. .fl tectural services for the animal rhulter.fy, 7. Consider a contract, for Pr 17- 8. Consider procedures for termination of utility service because of non- 11 payment. 9. Executive Session: 1 A. Pending litigation Do Board Appointments 10. Consider Board appointzents. ? 01 - &44- Ze4o~441 . A440& l i r COUNCIL AGENDA ITFM 2/6/79 amm of the hoePolicenand fire architect and Site Selection SUB,1ECT3 Report ttand for ct Comm tee SUMMARYt The architect and the it s election rho south recommended s of that the Council approve the site McKinney between Boliver and Elm. The Committee and archi so r be dir tlensafor a©newmfiretstation oncthiscsite andetoerenovatOin the old City Nall for use by the police Departmont. FINANCIAL cUMMARYt j Financial summary of the cost of the two buildings is in- eluded with this report. I i. ACTION REQUIRED% I Council approval of the recommendation of the architect nd IIII the Site Selection Committee of the site on McKinney c ' plans The Council should also direct the architect to begin p for the new fire station structure and remodeling of the old city Nall, I ALTERNATIVESt Disapprove recommendation of the architect and the Committee and direct them to n consider or reconsider existing or new sites and roturn with "RECOMMENDATIONS The Committee recommends approval of the architect's site selection. 4-Iotet kc-~Sve a f Exhibit I - Financial Summary of building cost Exhibit 11 - Memo to Chris Hartung 1 i I 3 . 1 rw.• THE ARCHITECTURAL COLLECTIVE .fNC. 1 . l •1?.-74 MST INVaSTIGATTnM CMT^6I, PUM, STATI^N nRNT'W, TRX,1% ~ i 47 (23,600 s.f. 20 Curb Arid Qutter.•........... MO n (675 lin, ft. ' 44/11n. ft.) i 3. Mods and mattresses ....l.... 16,100 (23 -1 $700/bed And mnttrass) 4. Crew facility 1571080 (3927 s.f. -0~ S40/9. f.} f 54 Engine roor,, ...............4 1890416 (5888 s.f. I 0432/F,f6) 6. AdministrAtton wing......... e,41000 (1600 s.'f, 11 $40/F. f . ) 7. Mechanical wing 11>.1000 (490 s.f. 1 Say/s.f.) 8. Contingency................. 8,504 496,..=~ Pees 31 low i ' S5ay,000 •f M , r r . THE ARCHITECTURAL COLLECTIVE INC. 1-12.79 COST INVGSTIOATtTr ^.,~n,. •t[r, trt"^.L R[lt[.nt`,C PnLtrR STAT1')r!-^Gti3~ntsL nF FXTv)Ttl.!3 O13NTrfl I TRX' S } l,~q f1~1 9. Curb And gutter 1,n40 (31', 1 in. ft , Wl in. ft 3 G ! 3, Paving.....,..,., 3.120 (1560 s.f. q Ws.f. ) 4. Roof repair 3.605 ($175/Sq. x 201 x 77 Sq.) i 5. SandblAsting 191680 i E ($1.60/s.•f. x 12,300 s. f.) ' Vlow Windgws,,,,,,,,,,,,,,,, V, Ono (53 $230/%v(ndow) 7, New construction 217,000 (6200 a.f. 1 03/s.!'. ) 6. Renovation 176,640 (11,776 s.f, I S15/s.f.) 9. Jr.il Yaci1:►LOS .....,•••:•old 264,000 I (6000 s.f, 1 $44/l.f.~ ' 7?.,,565 @QR 45,348 , $770,913 f i i ' j V ~ I ' I 'Uri MEMORANDUM TOu City Manager FROMt Architectural Selection Committee DATES January 24, 1979 REs The Selection of a Site for New Police and Fire Stations After selecting an architect in,September, the Council directed the architect to work with the Committee on the site selection for the new fire and police stations. The Committee held four meetings in October with the architect to review some eleven sites that he sug- gested as reasonable sites in the designated area. The Committee toured all eleven sites and then began the process of elimination. The location of the sites and the reasons for considering elimina- tion of each is as follows: SITE REASONS FOR ELIMINATION 1. West aide of Carroll Boule- 1. Access problems on to Carroll vard between oak and Hickory and Hickory. because of medians or traffic signals 2. Land only available on a lease agreement rather than out right pur- chase 2. East side of Carroll Boule- 1.' Residents involved and reloca- vard between Maple and Pacific tion might be necessary 2.' Access to north part of town may ! be a problem a l 3. Eagle between Wainwright 1. Traffic problems in the area and Locust 2. Access to north part of town may be a problem f~ 3.' Property must be acquired a s i. South side of Prairie It Existing structures to acquire E between Elm and Locust 2, traffic problems on Locust 3. Access to north part of town may still be a problem S. South side of Sycamore be- Y. Traffic problems 1tween Locust and Elm 2, Ac owsettMarroll Boulevard,is by F • Memo to the City Manager .Page Two -2- ,5. Continued 3. Land must be acquired 6. North west side of Bell Ave- 1. Site distance on major street nue between Sycamore and Indus-, not good trial 2. Access to University Drive and North Texas somewhat limited 3. Close proximity to grain elova- tors may cause a problem if there is an explosion -at the elevator j 7. West side of Carroll Boole- 1. Grade problems on the site vard between oak and Pearl 2. Land must be acquired 3. Access to north bound Carroll Sous levard could be a problem East We of Carroll Boulc- 1. Land must be acquired ~ vard between Congress and Park- way 2. Relocation of'residents-would be manditory 9. Stonewall Jackson Elementary 1. Land must be acquired 2. Building.must be demolished 3. Access on Elm and Locust which are fairly crowded 10. East side of Bell Avenue 1. Access to North Texas difficult north of Gene Gohike 2. Access to University Drive only , from TWU 3. Land must be acquired j 11. South side of McKinney 1. site is rather small I Street between Elm and Soiivor After reviewing all of these sites, it was the architects recommenda- tion that site number eleven be roviewed more extensively to consider the posibility of using the existing old City Hall in conjunction with some new facilities. The Committee agreed. During the month of Nov- ember, the architect carried out extensive field st.udkes of the exist- . s i r Memo to the City Manager Page Three -S- ing City Nall and worked with the Fire Chief and Police Chief to coordinate both of their needs. In the early part of December, .he presented a plan to the Committee showing a remodeling of the old City Nall for the police department and the erection of a now building fnr the fire department. At that point, the architect indicated that he felt this would be one of the best possibilities for the choice of a site. The Committee then asked the architect for financial information as to the cost of this pro- posal and the time frames in which they could be carted out. On Jan- uary 12, the architect presented the Committee with budget figures for the renovation of City Hall and the now fire building. Ile recommonded that this site and proposals for renovation of City Hall and construc- tion of a new fire building be presented to the Council. On January 16, the Committee met and reviewed the recommendation of the architect along with his budget projections. The Committee recommends that the Council approve this new proposal. The Committee would like to point out to the Council that this is a new proposal in as much as this is a renovation of an old building and building a new fire build- ing. As you recall, the original proposals were for a fire building only or a joint police and fire building. The Committee has several i reasons for this recommendation, they arc as follows: 1. The Committee believes that this is the best site for the l two facilities as far as acc,ssibility and public convenience. I 2. The City already owns the land and facilities. 31 There would be a minimum amount of demolition. 4, An old historic building could'be preserved and serve in a useful and economic manner. 5. Renovation of the old City Nall would provide twice as much , space as the original proposal for the police department. 6. Since the location of the fire station has not changed, full key rate credit for the structure should be given. In conclusion, if the Council approves this new concept, the Committee would recommend that a small lot on the south west corner of this site r~ be obtained to facilitate easier construction and accessibility. We I would also recommend that the possibility of closing Cedar Street be- tweed McKinney and Pecan be considered by the architect to allow for more parking. The Committee as a group, or as individual members will be happy to answer any further questions you might have. I t E i s. CITY OF DENTON MEMORANDUM DATE Or MEETING FEBRUARY 13o 1979 CITY COUNCIL AGENDA ITEM Review and consider modification of sewer use rates SUMMARYs As a result of the Water a Sewer rate ordinance enacted in July, 1978 some concern has developed over the need for a maximum coiling on residential customer sewer charges. 4revievs to July 1978 the maximum sewer use charge was 95.81 and with the new rate there was not a maximum. Another concern developed over the need for a maximum sewer use charge for certain commercial/industrial accounts who have irrigational requirements. lISCAL SUMMAAYi Each alternative would have different financial impacts, specific alternatives have not been determined. ACTION REQUIREDs ReView•report and provide staff with recommendations i on action desired on subject rats, policy matters. ALTERNATIVESi The Utility staff has reviewed these concerns and have prepared a'report regarding these (see Exhibit 1). Some of the alterna- tives that,oould be considered are as follows Aesi¢enti.ii 1. Encourage high water user to install separate meter for irrigational purposes. i 2. Natablish a maximum usage cry which sewer charges apply. Example F 200000 gallons. o 3. iatablish lower sewer charge par unit for usage above certain level. 4. Establish winter months as Decambere January and February. 5, let sewer use charge in March aj,nually and continue such rats for 12 months or until lower winter month` consumption exists. t Comaireial/Industrial (Specifically Ihurchos)' ,1, Encourage customers with high irrigational requirements to install soparst6 irrigational meters. 2. Establish lower sewer use charge per unit for usage above a certain level. 3. Establish separate rate for churches. 4. Establish rates for certain SIC code customers.' S. Provide churches with summer sewer use rata based on second highest winter water consumption. I i` Y. i .«s y~ a ~ w Page Two RECDMMENDATIONSI The Public Utility Board has reviewed the staff report and alternatives and recommends that the following alternatives be incorporated in the sewer use rates. Residentlali A. Establish winter months as December, January and February. B. Set maximum sewer use charge in March annually based on the second highest winter month water co.►sumption and continue' to apply such maximum monthly charge for 12 months or until a lower monthly consumption occurs. Commercial/.Industrial (Specifically Churches)i A. Encourage customers with high irrigational requirements to install separate irrigational meters. EXHIBITSi I + Report on Seoi use charges. e ' r tit Robert Nelson, P.E. Director of Utilities it i j J i r . i vrt xn .rsvx+~1{{ii ■ -:>:an Mrbtia~ . r . INTRODUCTION: . On July 1st of 1978, new water and sewer totes were put into effect by the enactment of City of Denton Ordinance number 78-24. Some concerns have been raised about the methodology employed by the City in determining sewer charges. The consulting firm of Touche Ross, Inc., were employed by the City to develop these rates. The methodology they employed was a cost of service. approach, whereby, factors such as operating, maintenance and administrative costs were determined and pro-rated over the various classes of system users. The remainder of this report will concentrate on the sewer rates as they are presently being charged and introduce some statis- tical findings on the impact they have had on the sewer users of Denton. I RATE DEVELOPMENT AND RATIONALES ~ i j The major concern in developing an equitable sewer charge on the cost of service approach was to first determine the actual cost incurred by the City in the treatment of both domestic and industrial wastewater. Items ` such as the plant operating and maintenance costs, equipment replacerent costs and a variety of related costs were incorporated into the overall rate design. Once all operating and maintenance costs were determined, costs'such as depreciation and expansion of plant facilities, rehabilita- tion and expansion of the sewage collection system, debt retirement and general fund transfers were developed. The cost of service could now-be established. The last step was to pro-rate or distribute these costs in an equitable manner over the various classes of system users. r The cost of service approach attempts to reflect each customer class, use of the sewer system and charge them accordingly. It is important to "keep in mind that no rate design can be developed that will yield an equi- table charge for every customer user. At best, the rate design must be able to spread costs equitably among its user customers while at the same time provide the necessary revenues to sustain the system. Although the cost of ' service approach provides for the most equitable eharge, some inequities have arisen. The remainder of this report will attempt to address these con- cerns and develop alternative solutions for their possible correction. f RATE C 5 s Since sewer use is generally not metered, estimations need to be dev- eloped. The problems associated with having to estimate sewage use are nu- serous. No one standard will apply in every case. During the design of the present sewer rates, it was determined that water consumption would serve as a basis for sewer charges. In the residential class, a 987 return flow factor was used in calculating the sewer rate, For example, a residential sewer user might have consumed 15,000 gallons of water, Applying the 98"4 return flow factor to this consumption would determine his sewer use to be 14,700 gallons and he would be charged accordingly. It was anticipated that during the summer months, largo irregational water use would cause excessive charges, Taking this into consideration, charges were established for the summer months (April through October) based on the second highest non-trriga- tion month (November through March), i Shortly after the enactment of the new rates, it became apparent that a number of rosidential customers had Irrigational requirements that existed year round, Consequently this established high water consumptions for the -con-irrigational months. In the Commercial/Industrial rates, similiar problems arose, The Com- mercial/Industrial rates were designed to use an 802 return flow factor based on water consumption. Again, irrigational use in some cases produced high water consumption and, consequently, high sewer charges. Unlike rent- ; dential rate calculations, commercial/industrial rates do not consider non- irrigational months as a basis for summer months sewer charges. The majority of Commercial/Industrial customers do not have significar.c irrigational needs and summer cewage use is not reality predictable from the water winter con- sumption as is the case with the residential customers,. I STUDY APPROACNESt { 1 { 1 I when concerns arose over the sewer rate determinations, the City staff ;roceeded to review the rates. The first step involved a aeries of computer 1 analysis to determine the number of sewer users affected by the previously mentioned concerns. Some statistical information was developed from the kk computer runs and wil,l be discussed in the next section, An informal meeting with the consultants from Touche Ross, Inc., was held to discuss alternatives or possible solutions to the concerns. Their. rate development techniques were reviewed so as not to invalidate the ratio- nale they used in their rate design wbc1, studying alternative solutions to the problem. A survey of other cities sewer charges was performed to see how the City-of Denton compared in rates. The cities of McKinney, Sherman, Irving, I Dallas and Fort Worth were contacted for this purpose. finally, the Environmental Protection Agency.(EPA) regulations per- { i taining to user charge systems had to be consulted.•.Under Public Lev 92-500 Municipal lonatruction Grants, user charge systems must establish an equita- ble charge for all system users. ; • fINDINGS1 RESlDENTIALs T::u Data Processing Department was called upon to per- form a sewer bflliug frequency tabulation for the months of July, August, and September of 1973. The computer was asked to scan all the residential r accounts and pick out all accounts that experienced a sewer charge in e.;cess of $15.00 for any of the months previously indicated. It was discovered that 189 accounts fell into this category, The 189 accounts comprise approx- I !stately 1.72 of the total residential customers (@11,000). Of the 189 accounts, 67 averaged below $15.00 per month, 77 averaged between $15.01 and $20.00 per month, 27 averaged between $20.01 and $25.00 and 19 averaged in excess of $25.00 per month, t ~ From this list of residential customers, two computer teat runs were j performed by randomly selecting accounts and running utility status reports on them. The results tend to substantiate the numbers above with a +/-S2 accuracy due'to lenEthy billing cycles and'unadjusted missroods in some cases, a The results of the computer runs indicate that less than 12 of the total residential sewer users are experiencing excessive sewer charges, This prompted the survey of'other cities rates which are attached at the back of this report for reference. The City of McKinney was in the process of developing new rates at the time we contacted them and could not discuss their rates at that time. The cities of Sherman and Dallas had maximum rates incorporated in their rate designs of $5.64 and $9.75 respectfully. The cities of Irving and Fort Worth based their sewer charges on average water consumption for the months of December, January and February. Be- cause charges for the various consumption blocks for all cities surveyed were in line with those charged by the City of Denton, no consideration was given to the actual dollar charges of each city. The results of this survey-indicates that there are as many methods of charging for sewer service as there are sewer systems. However, the survey n did provide alternatives worthy of further investigation. Section 204 (b) of PL-92-500 pertaining to wastewater facilities con- struction grants provides for guidelines in developing sewer rates, Special attention was given to these requirements and an extensive review of 1 federal guidelines 35.929 volume 43 of the Federal Register vas undertaken. V The language used in the regulation would tend to discourage the uae of maxi- rum sewer charges., (See attached copy). The regulations call for each user of the sewer system to pay his proportionate share of the coot of operation maintenance and replacement costs. The question of establishing a maximum sewer charge for residential customers was unclear In the regulations, so an EPA official in Dallas was contacted to clarify this concern. The EPA official stated than a maximum charge would be acceptable only if no less than 982 of the total residential customers were consistantly below the I maximum, He further stated that he would be glad to review a draft of, any ordinance establishing a maximum charge provided rdequate documentation accompanied the draft to substantiate the 98% criteria. COMMERCIAL/INDUSTRIAL: Since the only concerns over the present sever rates were expressed by church accounts, utility status reports were run on churches only. There are 1 128 church accounts in the City of Der.ton. Of these accounts, 111 accounts averaged monthly sewer bills of less than $25,00. Only 17 accounts had bills J in excess of $25.00 per month. . Upon examination of 0.16 information, relatively few church accounts are accounts are affected by high sewer charges. This is not to say that the , problem does not warrant attention but would tend to indicate that the problem is not severe. j TERNATIVES: RESIDENTIAL: 1. The first'alternative would be to encourage high residential water users to install a seperate meter for their irrigational water use. This alternative is advisable only in cases of large water usage. The instal- lation of o seperate meter can be costly. Presently, a one inch (1") peter tap would cost between $340.00 and $390.00. In addition there would be costs associated with plumbing modifications to accomodate the Fw F h new meter. In summation, the cost recovery period for such an under- taking would need to be examined case by case. Sewer users in the $15.00 to $25.00 group are likely not to benefit from this alternative. 2. Another alternative would be to establish a maximum sewer charge. As long as close attention is paid to the previously mentioned federal regu- latlons and it can be established whereby 98% of the total customers consistently stay below the maximum charge, a viable solution can be sought under this alternative. It should be pointed out that this alter- native does violate the cost of service theory in that those users that can take advantage of the maximum rate will be subsidized by those users in the lower consumption groups. This could cause an inequity in the charges but by using the 98% criteria, the inequities should never be- come severe, to considering the establishment of a maximum rate, special i attention should be given to the potential impacts it may have on ! revenues, y 1 ~ j 3. Another alternative would be to establish an additional consumptiou block with a lower coat per 1,000 gallons. For example, once a user reaches 200000 gallons of sewage consumption, each additional 1,000 gallons coula be charged at a .lower rate. This alternative provides minimal relief while.st the same time violates the cost of service approach theory in the same manner as alternative 2 except that the potential for inequities are greater. Again, special attention should be given to the potential k impacts this alternative could have on revenues. The rationale in deter- mining the lower block charge on the cost of service approval could prove fh to be very difficult. CMRCIAL/INDUSTRIAL i 1, This alternative is the same as alternative 1 (one), under residential alternatives. I 2, This alternative is the same as alternative 3 (three) under residential alternatives. • Dote: Maximum rates for commercial/industrial accounts are not allowable under the federal regulations previously discussed and as such are not addressed as a viable alternative. 3. Since church accounts were the only commercial/industrial class addressed in this report, it may be possible to set up a rate solely for churches. This would allo,i an adjustment in the rates that would substantially effect the uther classes of commercial/industrial users. This could, however, leave the door open for other classes of commercial/industrial j users to seek rate relief in the same manner. I 40 This alternative would make use of Standard Industrial Classification Codes as devel ped by the U.S. Office of Hanagement and Budget in 1912. This manual identifies and classifies all commercial, industrial and non- residential enterprises int-N 5 (five) major divisions, They are as follows: k Division A. Agriculture, Forestry, and Fishing Division B. Mining Division D. Manufacturing Division E. Transportation, Communications, Electric, Gas, and Sanitary Services. Division I. Services i Within these divisions, srsb-divisions are developed and each non- residential enterprise is assigned an SIC Code. For example, the SIC Code fox a dress shop would be 5621 while a gas station would be 5541. { ----1 This alternative could provide for the assignment of SIC Codes to each non-residential aecoL:it. Each major grouping could then be assigned a sever rate that more accurately reflects their actual sewer use, The E i SIC Codes could also be used for the industrial surcharge rate. CONCLUSION: III i It was the attempt of this report to take an overate, view of the sewer rates and their impacts, The alternatives for rate modification are not necessarily recommendations but should serve as a basis for directing the efforts towardh 'a better and more equitable sewer charge. Cire should be exereinzd on developing say of the alternatives and careful consideration should be givta to the financial aspects so as not to jeopardize the viabil- ity of the sewer system. r , i i it r I The following is a list of Cities contacted concerninq their MUmt.A.1 savor rates with a brief discelption of how their rates are chargode City of McKim At the time the City of McKinney was contacted, they were in the middle of changing their-rates and were not in any position to discuss present or future rate structures. City of Sherman a The city of Sherman charges their sewer rates as follows 0 - 200 cubic feet (1,500 gallons) ; 1.50 Above 200 cubic feet .23/100 cu. ft. (750 gal.) Maximum Charge 5.64' NOTES , Rates are based on total water consumption. City of 'rrving The City of Irving charges their sewer rates based on the average water consumption for the months of January, February and March. Their rates are as'followes 0 . 2,000 gallons ; 2.92 Above 2,000 gallons ,77/1,0004gals. NOTEt There is no maximum charge *xcept for new customers who have not yet established a water usage for January$ February and t March. Their charge is based on an 001 return flow factor with a maximum charge of ;15:00. CitX of Dallas The City of Dallas charges their sewer rates as follows, R Li 0. 10.99/10000 gallons flat rate (;0.61/1,000 gallons for water$ ;0.39/1,000 gallons for sewer) N0+1'E i There is a maximum charge of $9.75 for sevo-r, City of Fort Worth The City of Fort Worth charges their sewee rates based on the• average water soncumption for the months of December, January 4 W rebruary. Their rates are as followsi f 10.25/100 cubic feet (750 gallons) flat rate, NOTES , There is no maximum charge. Now customers who have not established water usago for the months of December, January and Februa: are charged based on an 00% return flow factor. I a .,t t KIN 44 V':'M. N.1' ti3, A: Y i u 14090 RULES AND REGULATIONS Ineuures when new pernsltt are blued to funding under aeollnnw 103(k) and 2"fis) st share of the Comm at "petition and malnte• the affected treatment (Reilllin In those the Art x11!11 be midvslrnt In the rolmnlyd nonce. Including replacement. The Intent of tune There Ihr mravues ■re requlrel to ronslruttlon tnAU of the ni emu lfrellve the Art slth ri~Vert to wxr rharyn is to rrottd the treatment t"ellMei atdnAt over. treatment works e'er the r1l0bdlly drlrrml• dlatrtbut , the tost of oprtmion Amt mginle• "ding Astlon, the gofer of canttnrction at the Barite of putdlclr owned trrkt,rWrt tnrAt to (1) Inlercrploe Pipe Alatl rdlameten for arluRl treatment wnrty Wall the mm+l tnst• the p,)llulant source and to rrmm,,te oa(. eylindrleal pipes) kllowahle for ennslruclloI elfecttve treatmrnt corks mwt to., ntlmst- suflicfenry of treatmrnt wnrkio wdh ors Dirt pant funding shall be based on is stating ed on a eantlettnt bssls Ilp4o~date eo'A to op,rA(Inn kill malnlrnsnee rn•ts. 1-he period of 10 years, A Writ pope sire twre. Curves puOlLMrd by EPA's Mflce of Water 1077 Amendments gmendrd !7irllnn tri =41ing to a longer etstfnl pitied -.tit to Program operations or other fait tstlmat- to allow erkntees to rstablh.n utrr ehgrge f Geed 10 years may be allosrd of the rant. Ing guidance shall be used to determine the sy'ttorns hrtced on ad hlorrm tun 1 113 ap. of Can demonRtrale, wherever T Orr quality aua raltus bctsrrn co,t effective project pendit does not Apply to ad talorem user Inahatemeno plaits or Wife plea drvetor)ed components and these of the actual proi charge mysteries. for Co mice with lies unuvr 125,125-11 These cost ratios shall be multiplied by the (do Ar/~nltiona-111 i(epf sceinend ESDend• Asa been Appravrd. Ihat thedarwtr plot stop 2 Cost and step 1 contract totLl of Mures for oblruning And 'osratllnR roulp• would be earolstenl %ith proG•ctr% lard ate actual eompontrim to determine the eligible merit, sccrmorles, or nipur.,rhrcra w filch "Its" In such plans grid (flat the !veer step 1 And step 3 c"u. Are heccssary to main Gin the etpnclty and 1.19e Gould reduce orersll uprlm,ity plus see. C. The actual treatment works to be built Perforrnnnee during the !trtlrr I'.!e of lht andary) envlronmenlal lmpacty These test- shall be asr.Aed. It mint be determined treatmrnt works for shicl, such smoin sere sonmthtat Imp4cu Include: that the artuaP treatment works meta the drtlrned and corMruclyd. 1'fle of no "sort. (si Primary !mpacu ell £horlderm cits• requirements of the National Envuonmen• Atlon, and malntensnoe" Includes tep11aUl~ • tuptlon of lralllc, business tend other daiyy cal Policy Act and all aDpbc30le lass, reoru• mint. [ethitles. IsLions, and frul4anC6 u required of all 1111 User chase. A Chaise levied an users QI) Destruction et Miss and taunt, noise, treatment works by 0) 75,013.6 and 71925• of treatment works for Vie rout or apemen r eraalott►nd sedimaltatlan 14. Putlcular sttentlon shoWal be given to and maintenance of suit. works. (b) Steendary lmpaels III PreAsure to assevirof tht prolect's potcootlal secondary it) Classes o/ airs. At (cast Iwo Dade - tesone or otherwise facilitate unplanneJ de' environmental effects and to eruurtng that U'PCI of user charge systems are common. • seiopmenl. air quality standards will not be vlolated. The (rose Is to charge each user A share of (U) Pressure to accelerate growth tot The actual treatmtnt works' d schar[e must the treatment weeks operation and maihte- Rulrker Meotery of the non Federal shut not cause vsolatlohs Of suet quality stand. mice costs blued on his WIMAte o1 miss. of the Interccotor Investments. Ards tired proportional contribution to the total (lU) Cffeets on air quality and tnrtron• d. The Retfonal Adminstruter shall a,~ treatment works hvding• The second system Irsnta2ly senslUve tress by cultural prays tht plans, speCticstlons, and fall- estALltthe: classes rot users havina similar Chantea Matta for the actual tteatrrcrit works under nows &Ad waste water characteristics: i.e., (31 The estimation of pesos flaws In Intel section 20100 of the Act even though EPA tCels of blochenilcal os)ren demand, sut- I cootgn shalt be based upon the 1011ow1rof all1 bt funding only a portion of is de. Vended solids, foe. Each class Is then As- -!.-led tlions: eaDacity. alined its share or the waste treatment 1 it (a) Dally Lod seasonal larl[Uons of pipe e. The forshtet shall satistactoHly assure larks operation and maintenance cuau flews, the 14tting of noes from the varlons the Agency that the funds for the construe- based on the proportional tontrlbntlon of V" of the tributary area and pipe storage son eau doe to the addUonal caWity the elms to the total irratment wo is toad. Wheats beyond the Cost•effeetht tratratnl'works' Inb EMilef system is In Compliance With (b) The feasibility of off-plpe storage to espaaty as determined by EPA lien, the In- these lruldelones, reduce peak now". eligible portion of the tratrrent works). as if1 CMItrla a0dinal MAIM to deler.'71af the (C) The use of in sporoDtlste peak flow sell as the local share of the grant eligible adcguaey of bier chdraeL The user ehLrst factor that dectrsxs as the uente daily portion of the totutlueson costs will be system shall be sepruved by the Regional flow to be conveyed Increases. available. Adminlslinter and shill be maintained by 0. Slate tuldell"9. If a ,sine hat devet• I. The grantee shall circuit spproprtate the crantre In Aceondsrice with the foltotr- yid or thoosts -to develop eomprtheMlve ,taht cotldilons or releases providing that the reoulrtments: fuldellnes on east-effecUvn airing and stag- the federal Covernment Is Ptottetta from 11) The user charge aystfm.must result In Inct of treatment sorW• the kerlonat Ad, any further claim by the grantee, the State, the distribution at the east of operation Arid Otlnistratot may approve all or portions of or any other party for any or the costs of m0itenarue of treatment works Mirth the l the state guidance for "collection to step I Construction due to the addilional toacllY, ttailttt's lurMclictlon to each over lot user li faetlity plats, Approved St Rte culdanee may 1. Industrial cat recovery' shall be based . elav) In Droporllon tls sueh user'. eontrrou• be used Instead of torrnmpil rag portions of upon the Portion of the federal grant allo• tlon to the total w.uteauter loading of the r twin tuldellnm if the fottOwihl conditions Able 10 the treatmrnt of lndus•'ial sasses. treatment works. Factors such As sterotth, 1 i 6" RISC h The grantee must Implement a user visiume, and deittfry now rate thwarters' t. The state tuldanet trust be at least u Charlie system which applies to the entire tics shall be coruldered and InM'Ided as the Y stringent U the provisions of thcst Widt• service ties Of the erinw. inc11udnl any bawls for the user's contribution to ensure ■ f lints. area gained by the Additional capacity. porponion it dLttrlbuti*n of Operation and 7. WThe stale mu31 have held it least One nulntenkhte ants to each user for ulet public hearing on proparrl state ruldanee, Arnoealit B-ftrg L0visntRte elssat undo? stfulatloru in Ttrt :3 of (till chapter, ' Vat[ CNAAau FOR orrAATIOV 4119 KAI!IT[• bHote Submitting the tuldan<e !or Agency it) Yoe the tint year of OpfrAtloa etxr• and rake[ of tVAlltty aWgeD taYAra11 WT Atfon And mhlntierui costs shall be b sppfOVaL soars upon psst esptrlenCt for rtlsunR treatmtnt 10. Additional tapatity erfosd ihteost•ef. works or some other rallonal methed that Jkfiye capacity. Trrrimtnt corks which 40 Purpose. To tit faith advisory Infor. Can be demonotraWto be applicable. p1 a" to Include nddillenal esparty oration enncrrninif user chug" based on 1111 The grantee shall review tr rr charges C the toAt tftrctlve ti03MY deter. Arlual use Pursuant to motion ,04 of the annually And rtkly them w oLlimily to rt. Mdntd in keeardAnet with these ituldrlones Clean Witter Act, herelntiter Writhed to U fire% Actual treatment Works apcriLon And May tttthy redetat [rant tosmuUnce it the the Act. Applicable requlrrinvou Lee tit maintenance tests following 1equirtvneht4 art met; forth In Subpart X110 Ck'11 Part 15). 111 The user Charge syttem must genetic! The fatlllllef Plan ahtll delermint the (b) AulAomir. The a ithanly tot tsubllsh• sufficient revenue to offset the Cast of all meal eest elfreUtt Irriftnent t ork.+ And Its ment of Litt !sty ehoor,e [utdehnes is can. treatment siorks operation And maintenance ! NLLOC4kd enP3Cty lit ArrorJaocr aih these tAln11d In srcUUn 7atib)i 21 of Ilse Act Provided by the Cranve. lsldellnea The L+C:dles ptsn shall Also de. W llteteroun,t Seniors :Ohbhlr dl the 131 The of ehu11:e system must be Inror• krotltw the actual tIMA;terlstla and total Act provides that after Af arch 1. 1072. F0. Wiled In one or more mumelpnl legi• ittlve eaproily of tht treament looks td he built. etAI RPLht AIip11,W11a shall be AMRfdrd IhRHrarnl.a of other APPtotlflmo Authority. L Only a portion of the rest of the tnttre IfRnta only story LUC Urtloti0l AAminlsUA• 11 the ptri to W h'elorW Inathlena Murki titopesed trrAlmetil sofks Ineludule the Ad- our lint detrrudncd chill the apphcahl has geC•rtlnc Ww.trwattn from Ili-alment ' 41111ohat eaPArlly shall be eligible for Wirt- AIOPIrd of soli Adopt a srstrm (if erarosee to three owned by otheM then Ihr AulMetdn'rs 1.1 Wudins. flit Puluen of the rest ar can. "smite that CAM r,ru+hvit of caste treat. riereMnor wade treAtmrnl arrvutiw from the 6lruelloh shlch shalt be eligible lot Fnleft) Inent M.Nicts will DAY Its pt oewnlonate granted shail I'Aie W,spw user tliarat lyl• f1pIRAt I011MR, VOL 43, NO. Ili--WlCffISMI, tlYt[Atlts it, 1010 I , rt Fw` If ` uw.aa cr vv.. RUSES AND REGULATIONS 44091 ese tutdennrs. Cal D+Atd on a toeylant oat per unit of rAM peef6 So ormmce at anlr elrtemr :ilia In Anerdann With th nu g out of the tdtThe en111114 r shall tom. slid shat remain auoh Omer enable systems Ahall 1140 be IM- 1UMPUOCL Uablt, th grfnW }life with aPVI1rADle LAW, fur SorDOr+lyd in the APPn+prltu munlelpai Itg• Arioool%C•t-Rrp9lwxa P+owlseogf- Islatlreenactments urother SDVroprue Ili- COMIUarIMa e:natnasaiga ALFVA(M Ice all d+magra to lhr owner ur 11'A moved by . {horny' . GenenJ tht enducer's neaitgn•b Pe11•,rnrahre of any . he wet of the aervkrs furni lied under tltla agree. te) Arctic: else char9r IrltrmA. 1 I Charlie system sdopted by the 0911renl 7, Ite,"h%blllty of the Engineer wI esorpt for arron, umlaewtr ut I r gust fesult in the dhlrtcoutlnn at treatment P. Smile of Work delkleocpes'to the eAto nt sin butablr to the Works operation and In*tnttnance rata to e. Changes carer, owner rutedhad data or LAY curd I ~ t gash Wet for we CIII n +I`proelmau pea Termination atty. The enolnr•ef shall nlLt be to "WI ' portion to Kim contriLUtir a to the will 9. Remedles for any time drtays in lire Project cwrrd by WAg4ewater loading of the treatment turf:. 7, Payment lktuhtrtAneti beyond the trgllicecrI tun. E Tte follosins user chr.rge Mci can be if project Design 1401E Whellfl0 C'e'lt h 35 9pS1 arcs recommend. Cited for this pnr'pa4e, hawever, the $poll. f. Audit: Mow to Record' , Cant is flat limited to thrt use. the u mbou 10. Prier Reduction for GclctUrt Cmt of led ques Is" by the cnklnc4v and arc u,cd, the vnai• , Wed In the models ass as dehneJ below: (?klnC D+ta beer shall be Wble •nty for gems" nflikAtnct •,Y ~ , .Toad operation and maintenance t0. b 11. Subcontrarlt b We extent of much use, 12. tabor Standards or woaa II cults per unit of time. 1!, I:quml Employment Opportunity s, /tvK , l Colo. A user's Charge for 0. So M. per unkt of 11. floss itlon of Small or htu arty Bust- time. The Services to be performed by the tral- 1 CI Surcharge for wmteg-Iler of tile". 15. CovenantAgelastConangeflt)'as Wfiffer &hall Mclude or emices reared d awl site for 11. paten U .Nth applicable EPA regulations lip CM y,.Oerit test Kaworzicir and treat. 17.copyi Part PS. Subpart E In etflel On the date of 1 event of a unto of volume. 1g,CoDYrlehbslid AIth41n D1ta teution of this AgrtmIM r to the taunt V,.Yatume contribution fatgh iron a mew per tx I, Sty ORAL of the Kobe of s'ork ae dciUUd and its out I enll of time. %lark from alt In the entineerins services etnemeot to yt„Total volume aDOLILIOU fat Th! owner and the endncet seem slut slight per un It of time. ply to tn Lj.A saki these provisions &I attached lo, p- Drortoonbeapcrlormeu under e. taWCU 31,0041,1011 cost for treatment of It unit of the trantrlotllpblerWworkbi biochemical oxygen dcrnllnd (DOD). this agretri and that Such Provisions su- ti,,.Tol it DOD contribution learn s user per IKnede any conlllctlnt Dfovularu of this gal Thg owner may, at any time. br gait. 1 unit of time. ment ten order, make ehanles within the armed1 7b.Total DOD contribution from V1 user agree tbt The work under this agreement to /rep= el this Itreement to the services of plot unit Of time f (b) to Pmmo by a [rant from the U.S. En. wort to be porfrI If such thantef cause b•ConeentretioM1 of Dot) from t time vlrOnmental Protection Agency. Neither the an tritreaae or decrease in tho enR liar's above a base level 'united St1ue nor the U.S. £nrlmnmfntal Cost 01, or tune requited for, rerlto.ti a of l,rOdlM colt for treatment of a unit Claus- Prouttlon Agency thereinalur, "EPA01 is A arty services under this agreement, whather ndedsolids. Darcy to this agreement. This St*rement or not thaneed by any order, an eauiuble e• a to reW suspended cotids tontrtbutlon saki corer gagre lleible work 4 subject adjustment shall be'Inadr and ln" RI prom Is Pxr per unit of time. to regulations contained to to CI'R WPM ment shall be medJted In arltlnll sceorduu- flrpnceM:ltlon of SS from A US" above a 35.977, and 15 J]§ In effect on the date of ty. The Cngsneer m"A4 assert any Chun for base level, exteution of this agreement. ti used In adjustment under this clause In stiI romm"O OM cost for trtstmmt of a utitl Of any these elausa.list wurill the Itr of emecu• within 70 days from the tau of ft"IPL by liallutarit. on of p,rTolal contribution of any Dailytant exicuilonnof this strettch ent and any O'ble a the unless the owner [r the antstlA tulrthtt "flOd of from a URI Per unit of time. quent modification of the tCraig, enmpena4 time before the dam of III Dgyment under ptrTetal contribution of u1Y p/iutard tion or Scope of Services pertinent to under. %his ~dt~ A cos for which art addlllanal Iro}a all users per urn o! Lime. formed cork. (bI p.Concentution of any Doilutant loom a eel The owner's rights and remedies pro- elect Sh it be wlil be eh tOL by the a WA veer Sflsll be fumished wilhouA tat wntun suet above it base revel, Wood in these clauses are In addition to any 11) ifodef No. I. If the treatment works IS other rlRhu and ecmedles prarlded by law aUlhertziI of the owner, to):n the a ehl that there it a meting!- fefmkrtty now dependent or it the DOD, or this attetm"L Von of EPA requinmenu relallM to the. r Suspended solids. and othtf-pollutint ton. I. AurOgsibluty O►THe lraalgtsit Rrrli:s to be performed under this atrr!' i atntratlotis discharged by 1611 u.4ers are so- men: after the date of execution of this ~_1r foroklmatelf, equal, then tier ends can be 461 Tat thgtneee shall tie responsible for men[ cnt, the Increased of decte,ASH Cost ; developed on a volumt basis in accordant the professions! quAlitY, teehnltAl anvrSrY, al performance of Me str0"s Provided for ; Nth The model below: timely comDkUan. And the toontlnsrlon of in tills agreement Shall be reflected In an • G.Or/1f11V,1 tit deal". drasinga, apccUksuOtu, reDOrtA, appropriate moddkatlon of that agr01111I and other Services furnished by the enti• I. ' I91 Ifti l R06 L-When DOD, suspended fleet under this awrcement. 9no engineer TtaMitAT1Ol1 IoVis. or other MIIL hl eoncmtratlons shall, without additional comochNALIOn, car. r.centIll 111114 lolum nt. In llon 0f these pollu shb innlenn lodome s tic dolkiencifs In his designs. 6 ar% lla, Spey fl other PI alubeLV l +11Yrtt V to full ill SV t such pro D' $lotions under this Wetlnen through eRwwle. A wrehsrge mliI oj to a base chaste, taltotw, reports, and other ef sted The Ig at f r be No. a raft be 14onill mile--I shay eadorOctem BE. larkd tilt! Surchsrrhargt limit an be romDUkd by CoMpIlsh the sock n"tulna to tic' terlormrd he iurh tofrminn VonvMaynbepriftected unless l1N Modeibebw: under III aRrRmcht. In Kcordnne sith the Wilt pfrtY b plan 411 riot pus Ilan t!n • Cw•1D ID1stl,tSlt P,IPIIV, this Agreement and Spphcsble EPA requtnt• 41701 t intent days sTnlen nutiu ldelllrled Npdef No, f.-Tab Model is eotnmotstY fliehU m tlfal on the Jam of execution of b cernlied owl. return tore Wt h'yuuudl of nt to Whtinate and 1Yl an oPIVrIWU- gel 11iS. e O,res'g of EPA's approval of It for eon+ullatlOn the teruiwturs 9t11ld lit "quAfltlt7/qua'ly lormuf A": fhb aRrhwn t D,nr t 81% a PI dtwtnla, deimins, swrintlilurA IePOfL4 party before terlnlhJLIO1L Iht OtArr tanrldereflena-tt) Quanllty slid IneldI engincertng sock or mater:. tbl'C owner leer tI III Ib fhb 64144'. fl oI to IAMB volume "sec will not he Ab furnlalwif IirecunJef AhAll not In Auey nuns. W whole a W pas4 In rrlluia fur Its ity ling ton Item l ned to 1allll lot theltrchhh Al A01V IPI I its:sulk.Nrl• eaLLVfel atuch ►sf for less: mill uVUYlajtle Wri+ rol if, the plleCfti 01b1taeaanuutJfbevAlplport • tiler of User flatten, lief tile OwBrl'a flue !:1'A'1 fr'S kw, ai'4ly ror quininc1ntl, h tiWod of arncwf si oll And the f!) UaCe ehAMrs only too f,Ublbhed based at sreepLPI u:, slue Paynx•nt fur, the ior not Dui gs onlyf in Casestrheletlhe %ourrehLM a %Liver attany 1,1111 tic Aeltl'tll llt talcildar ::lad% s rwdtttn Puree tJ Lverrd iby riPOttAt iEO1S1Il, VOL 4% 40, 111-W9011EtDAY, fAridMK9 !Y, iHl r I , I 1. V l ~o I I r NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 17-11.1 BY PROVIDING AN EXCEPTION TO THE DENTON PLUMBING CODE FOR TEMPORARY GAS SERVICE, AND AMENDING SECTION 17-2e2 OF THE DENTON PLUMBINO CODE BY PROVIDING A FEE FOR THE TEMPO- ; RARY GAS SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 1 PART I. (A) That Section 17-11.1 "Amendments to Plumbing Code" of i Chapter 17 "Denton Plumbing Code" is hereby amended to add a new Section (13) which will hereafter road as follows: (13) Article V, Chapter 12, Section 1210 "Temporary Use of Gas". Where temporary use of gas is desired and the Administrative Authority deems the use necessary, a permit may be issued for such use for a period of not to exceed sixty (60) days, provided that f such gas piping system otherwise conforms to the requirements of this code regarding material, sizing and safety." (B) That Section 17-22 "Fees (Cost of Permit)" of Chapter 17 "Denton Plumbingt Code" is hereby amended by adding the following item to PLUMBING PERMIT FEE SCHEDULE: I L 1 ',Temporary Gas Service $10.00". PART II. That if any section, subsection, paragraph, sentence, clause, `I phrase or word in this ordinance, or applicativnithereof to any person or circumstances is hold invalid by any court of competent jurisdiction, such holding shall not affect the validity of the _.J , i i 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, PART III, That this ordirance shall become effective fourteen days from { the date of its passage, and the City Secretary is hereby directed i-~ to cause the caption of this ordinance t, 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 13th day of February , D. 1979. y E MIT HEL , MAYOR E CITY OF DENTON, TEXAS ATTEST: E URM i , CITV SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL , ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS J w COUNCIL AGENDA ITEM 2/6/79 SUBJECTS Proposed changes to the Denton Plumbing Code. SUMMARY: At their regular meeting of the Plumbing and Mechanical Code Board on January 18, the Board recommended that a change be made in Section 1210 of the Plumbing Code (Temporary Use of Gas). The Board proposed a change to extend the period allowed for temporary gas service from .thirty (30) to sixty (60) days. This would allow contractors who are having difficulties in completing j phases of construction which require heating, more time to complete their permanent improvements. The Board also recommended that Section 17-22 be amended to add a permit fee of ten ($10.00) dollars for this temporary service since it requires a separate inspection for this installa- tion. The Board. felt that if temporary use and inspection i is needed, then it should be the responsibility of the builder to pay the fee. FINANCIAL SUMMARY:. No cost to'the City. An extra ten ($10.00) dollar fee for the temporary service to be paid by the builder. ACTION REQUIRED: Council should pas ordinance drawn up by the attorney for extend the temporary use of gas to sixty (60) days and to-establish an inspection fee of ten dollars ($10,00) for this permit. i ALTERNATIVES: j i Disapprove Plumbing-Code Beard recommendation. RECOMMENDATIONS Li The Plumbing and Mechanical Code Board and thi. itaff recommends that this change be made to allow for more ecanomic and efficient construction in the City. i ac a W. Doyle wilding official Lxhibit I - Plumbing Code Minutes of January 18, 1979 k i I 9. MINUTES PLUMBING AND MECHANICAL CODE BOARD JANUARY-181 1979 is Called a meeting of the Plumbing and Mechanical Code Board Thursday, January 18, 1979, at 4:00 p.m.1 in the Building Inspectors Office of the Municipal Building, City of Denton. PRESENT: Chairman Delbert Overstreet, Bob Turnbull, Pete Work, Bill Burley, George Becker, Ernest Miller, and Building a Pfficial s ABSENT! George Terry t i ~ 1. It was moved by Turnbull and seconded by Miller THAT THE MINUTE i OF DECEMBER 7, 1978, BE APPROVED AS WRITTEN. Motion carried un- i animously. 2, It was moved by Turnbull and seconded by Miller TO AMEND SECTION Ii 1210 OF SHE DENTON PLUMBING CODG BY CFtANGING•,THE TIME PERIOD FOR i THE USE OF TEMPORARY GAS FROM THIRTY (30) DAYS TO SIXTY (60) 'DAYS. Motion carried unanimously. 3, It was moved by Burley and seconded by Turnbull TO AMEND SECTION ' 17-22 OF THE DENTON PLUMBING CODE BY ADDING A $10.00 PERMIT FEE FOR TEMPORARY USE OF GAS AS PERM1'1TED IN SECTION 1210 OF TH_E DENTON PLUMBING CODE. Motion carbied unanimously. 4. The Board approved the following sections of the Uniform Plumbing Cole: 908 (d)1 909, 9111 1001, 1003 (1),., The Board agreed to a- mend section 1003 (h) of the Uniform Plumbing Coda to that it will read the same as the current Denton Code. until c 5. nThe Bord tabled ext meeting# when Section they nwill 3beareviewed with thelPluumbing Inspec- tor, 'i Meeting adjourned at StlS p.m. , 1 I I i r ' MwPi'p A!fFM': l y.4YVWTib H1f'+~ III `■■6r CITY OF DENTON MEMORANDUM DATE OF MEETINGi TUESDAY, FEBRUARY ii, 1979 CITY COUNCIL AGENDA ITEMr L Consider project bidding policy for developer particiyation i agreements. f SUMIiAAYs ' The City of Denton participates with devolopers to the cost of utilities and streets when oversizing is necessary. The City Charter allows that the city approve the contract for suet work and irk the event the city does not believe the contract price is appropriate, thg city may require the contracts to be submitted to a sealed bidding process. State law requires a formalized bidding procegs where public funds are utilit6d. Therefore the city staff proposes a bidding policy an outlined in Exhibit i. 9 FISCAL SUMMARYe j No direct cost associated. Costs of projects may increase slightly due to added costs of formalizing In greater detail the plansi specifications and bidding process. i ACTION REQUIREDs Approval of policy. ALTERNATIVESs j Approvals This will assure compliance with state law in all projects. Disapprovals This will place the bsrden of compliance of state law on the developer. STAFF PECOMWDh'eIONSe , l~J This policy has been reviewed, approved and is recommended for approval by the City Attorney's office, Purchasing Agent, Engineering Department and Utility Department. 1L:HISITS t I - Project Bidding Policy for,Developer Participation Agreements. p Robert E. N41160n# Pool E Director of utilities i i i j II i I I PROJECT BIDDING POLICY FOR DEVELOPER PARTICIPATION AMEEMENTS The purpose of this policy is to establish a procedure such that the City of Denton will be in compliance with state and municipal law bidding requirements for developer projects where the City of Denton participates in the oversizing of water and sewer lines and in overwidth and ovordepth of pavement. The developer (or designated Engineer, Agent, otc.) shall furnish the City a compl~,te set of preliminary plans and specificationa.for the entire development for which participation is desired. Plans and specifications I relating to street and storm drain improvements shall be submitted to the City Engineering Department. Plans and specifications relating to Water and Sanitary sewer improvements shall be submitted to the Utility Depart- ment. The City will, within five regular business days, review and make changes as nocessary, including any changes in size, depth, location or construction ofutility lines or streets. Duri•,g this review state, the City and the developer shall decide on the specific streets and lines that must be oversized, the extent of the oversizing and the general terms of the oversize participation agruemtns. I The developer shall then furnish the respective City Departments with i a complete set of final and approved plans and specifications along with a list of at least three qualified bidders. The rebpective t City Departments k E will subunit these to the City Purchasing Agent who will set the date, t1ine ` and place of tho bid opening and advise the respective Departments and developer of such date, time and place. The developer shall be responsible i for distribution of plans and specifications to prospective bidders. All f ( requests for plans and specifications shall he recorded and submitted to the Purchasing Agent at the time of the bid opening. The bid process will be according to state law which are applicable when public funds are utilized. State law requires that notice to bid shall be advertized in a widely circulated publicaV on Such bid opening shall k be advertized for two consecutive weeks arri t1 a first advertizing shall not be later than fourteen days before the opening of the bids. The Purchasing Agent will receive all snal-A bids and will open such bids at the designated time and place in a public bid opening. The original of each bid proposal will be kept by the Purchasing Agent and a copy of bids will be turned over to the develop" . The developer shall review, evaluate and recommend to the City which bid it believes to be the lowest and/or best bid. A schedule outlining the cost of the oversize difference and amounts to be included in the participation agreement shall be submitted to the-City. { The respective City Department staffs will review the developers reeomnondations, evlauations and cost schedules and make appropriate recommendaitons to the appropriate boards and the City Council. Utility improvements will be reviewed by tho Utility Board and forwarded to the Council. Street and other improvements will be sent directly to the City Couniol, Tho Council will then review the request for p.rticipation and elthoa a?prova or disapprove. If approved, the developer may then enter into contracts and begin constructton. If disapproved, the project can be readvortized and the bidding proceduro will begin again. , Exhibit I NO, AT A SPECIAL MEETING OF THE CITY COUNCIL OF TILE CITY OF DENTON, TEXAS, FIELD IN TILE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF FEBRUARY, A. D. 1979, R E S 0 L U T 1 0 N WHEREAS, the City of Denton desires to establish a procedure so that the City will be in compliance with state and munioip,.l law bidding requirements for developer projects where the city participates in the ovorsizing of water and -,aver lines and in overvidth and overdepth of payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF DENTON, TEXAS, THAT: (a) The developer (or designated Engineer, Agent, etc,) shall furnish the City a complete set of preliminary plane and specifications for the entire development for which partioipa- 1 tion Is desired. Plans and specifications relating to street { { and storm drain improvements shall be submitted to the City ' Engineering Department. Plans and specifications rola'ting to Water and Sanitary Sewer improvements shall be submitted to the Utility Department. The City will, within five regular business days, review ar.d make changes as necessary, including any changes in size, depth, location or construction of utility lines or I streets. During the review, the City and the developer shall decide on tho specific streets and linos that must be oversized, the extent of the ovorsizing and the general terms of the over- size participation agreements, i i, l 1 i (b) The developer shall then furnish the respective City Departments with c complete set of final and approved pians and specifications along with a list of at least three qualified i l bidders, The respective City Departments will submit these to ` the City Purchasing Agent who will sot the date, time and place of the bid opening and advise the respective departments and developer of such date, time and place. The developer shall be responsible for distribution of plans and specifications to j prospective bidders. All requests for plane and specifications shall be recorded and submitted to the Purchasing Agent at the time of the bid opening. (o) The bid process will be according to state law which is applicable when public funds are utilized. The notice to bid t shall be advertised in a newspaper published in the City of Denton, and such notice will be published once a week for two j i consecutive weeks prior to the date set for bid opening. Thy ? f dato of tho first publication shall be at least fourteen days fI before the opening of the bids. { (d) The Purchasing Agent will receive all sealed rids and will open such bids at the designated time and place in a public s bid opening. The original of each bid proposal will be kept by the Purchasing AR9nt and a copy of :alas will be turned over to f the developer. The developer shall review, evaluate and recom- mend to the City which bid it believes to be the lowest and/or boat bid, A schedule outlining the cost of the oversize difference fE and amounts to be included in the participation agreement shall be l F i `2- submitted to the City. (o) The respective City Department staffs will review the developers recommendations, evaluations and cost schedules and make appropriate recommendations to the appropriate Boards and the City Council. Utility improvements will be reviewed by the Utility Board and forwarded to the Council. Street and other improvements will be sent directly to the City Council. The Counoil W.11 then review the request for participation and either J approve or disapprove, If approved, the developer may then enter into contracts and begin construction, if disapproved, the pro- ject can be readvertised and the bidding prooedure will begin again. PASSED AND APPROVED this the 13th day of February, A, D. lfi7©. JOE , MAYOR CITY1OF DENTON, TEXAS ATTEST: gR00 g HOW , IT SECRETARY CITY OF DENTON, TEXAS APPROVED AS' TO LEGAL FROM: j i A , g CITY ATTOMEY CITY OF MR, TEXAS i ; i -3- 1 COUNCIL AGENDA ITEM February 13, 1979 SUBJECTS Recommendation on the selection of an architect for the new animal shelter. SUMMARYt The 1970-79 Operating Budget contains $66,000 for, the first phase of a new animal ahelter for the City of Denton. This $66t000 is made up of $46,000 budgeted by the City of Denton and $20,000 pledged during the tudget process by Denton County. The Staff has studied the feasibility of developing the plans and speoifica- tions for the animal shelter in-house, and we have come to the conclusion that we have neither the time or the expertise for such an undertaking. Therefore, we are recommending that the City Council consider retaining James R. Kirkpatrick as architect for this project. FINANCIAL SUMMARY, The projected cost of the animal shelter is $112,000, with $20,000 of these dollars being provided by Denton County. We ware unable to budget this entire amount in the 1978-79 fiscal year, so we budgeted one-half of the required funds with the idea of phasing the project and budgeting the funds for the second phase in the 4 1979-80 fiscal budget. Attached to this memo is a quotation from E James Kirkpatrick st4!.ing that his architectural fee will be a i ntipult,ted fee of $6,500. This fee will include architectural design, construction documents, bidding rhass and construction inspeotion in both phases one and two. } ACTION REQUIRM I Should the Council agree with the Staff recommendation to hire an architect, they should approve the letter of agreement with James R. Kirkpatrick calling for the provision of architectural services E for the animal shelter for the City of Denton at a stipulated fee of $6,500. AL TERNATIVES t 9 The City could order a prefabricated building that could be rearranged and adopted to the needs of the animal shelter. RECOMMENDATION, it is the Staff recommendation that James R. Kirkpatrick be hired t to perform architectural services on the animal shelter for the Ctty of Denton at the stipulated fee of $6,500 and that he should be directed to begin work on the animal shelter. i M ~ KIN 'OLE Exhibit I - Memo from Bob Mille to king Colo Exhibit 2 - Proposal for architectural services from James R. Kirkpatrick i r TOi King Cole, A96itant City Menager FROMf Robert M. Mille, Chief of Police DATEi January 16, 1979 SUBJ£CTI Proposal for Construction of an Animal Shelter I have discussed with Rick Svehla the possibility of the Community Development engineers developing a schematic design and construction development for an animal shelter. Rick advised the community Development did not have sufficient manpower nor expertice to perform f1 t this service and he recommended employing the service of an architect. I contacted James R. Kirkpatrick, Architect, and he has submitted e proposal to provide architectural services for an animal shelter. His fees are in line with foes charged by other architects in this area. Rick Svehla was contacted again and looked over the proposal and concurred= this was the proper way to proceed. i After studying and discussing this proposal it is my recommendation l that an architect be employed in order to expedite the building of an animal shelter. We are behind our time frame of building this facility and should proceed as quickly as possible. 1 i 1 ~~'K. 1.0 RMM/dn attachment I i i i i r' f JAMES R. KIRKPATRICK ■ APCHITECT ■ 15 January 1979 Mr. Robert Mille Chief of Police i City of Denton Denton, Texas 76201 ( i Res Proposal to provide Architectural 5arvicea j Animal Humane Shelter ` City of Denton f i Dear Mr. Millst i In response to our meeting of Friday, 12 January, please find for your review 1 this proposal to :urnish Architectural services for the Proposed Animal Humane Shelter. r It is m) understanding that budget restraints may require that project construe- , tion may have to be phased. My intention is rn provide a complete set of docu- ments that would satisfy this phasing of construction. Hy services will !nelude coordination of the project with authorized City of Denton representatives, building design, preparation of construction documents 4 and specifications, coordination with consulting engineers, consultation during the bidding period, check:;:g of shop drawings, construction supervision and l project final review. j I propose to provide the above services for a stipulated fee of Six Thousand Five Hundred and no/100 Dollars (96,500.00). i Payments for basic services shall be based on the following criteries i Schematic Design Design Development 35% $2,275.00 Construction Documents 75% 20600,00 Bidding Phase 80% 325.00 1 Construction Phase I 90% 650.00 Construction Phase II 100% 650.00 a I T to 6 500.00 ~ j I ' i ` I I MEM6ER AMERICAN INSTITUTE OF A11CHITECT'S SUITE BIG, FIRST F3TATE BANK 6ULOINC3 DENTON,TEXAS 76201 (E317}307-6162 f f Mr. Robert Hills -2- 15 January 1979 Additional costs not included in the basic services fee are as followss 1) Bid Advertisements ......Direct Cost 2) Bid Documents ..............................Direct Cost 3) Soils Investigation .........................Direct Cost 4) Topographic Survey .........................Direct Cost Should you have any questions or require additional information, please contact me at your convenience. ' I look forward to serving the City of Denton. i Sincerely, I{I tick, es R. KIrkpa tick, ALA i f JRKshn f I I i i I 1 I I ~ . j 4 ~ f I cfrr of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 r City of Denton Memorandum TO Chris Hartung, City Manager 1 FROM Bill McNary, Director of Finance DATE February 8, 1979 SUBJECT Procedures for Termination Utility,Service Because of Non-Payment Since several of the Council Members have received inquiries from { customers concerning the procedures for termination of utility service for reason of non-payment, a copy of the ordinance out- lining those procedures is attached. Highlighted are those sentences which specifically address the area of confusion. Please note the language indicating the requirement for payment of the current bill (as we 1 as the past due amount) by the due date in order to avoid termination of service. At the Council workshop, information will be available concerning other Utilities' practices, t`-: effect of these requirements on y Denton's delinquent, active accounts, and recommended alternative ! procedures for dealing with delinquent customers. I Bill chary i ` 8Mc/,lc I i r t • ND. 7p• S.•~ ti AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'DENTON, TEXAS, A14MIDIIG SECTION 25•-4 "SERVICE DEPOSITS" AND SECTION 25--6 "BILL- ING ANn COLLECTION FOR SERVICES" OF CHAPTER 25 "UTILITIES"; PRO- VIDING A SEVERASILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. TILE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (1) That Chapter 25 "Utilities", Article I, section 25-4 is hereby amended to'read as follows: "Section 25-4., Service Deposits (a) No service deposit mill be required if the customer requesting water and/or electric service can pro- vide or meet one of the following conditions: (1) A record of prompt payment for the past twelve months %Ath the City of Denton Utility System or another electric utility system. (2) A co-signer who has "a good credit rating with the City of Denton Utility System or another electric utility system and will guarantee pay- f ment of the utility statement. i , (b) If one of the conditions in (a) cannot be met, then the customer requesting water and/or electric snrvico will be required to deposit an amount equal to 1/6 of of the last 12 months billing at the location where service is requested. If no previous history is avail- able for the location, a representative similar type facility will ba used to establish the amount of the deposits. In the case of commero'.al or industrial ser-~ vice, if tho credit of a customer for service has not been established satisfactorily to 09 utility, the applicant may be required to make a deposit or, in the ~J case of now corporate account, a personal guarantee may bn accepted in lieu of a deposit. Deposits will ' be refunded after a prompt payment record has been established over the past 12 months. Interest on deposits shall bs at an anneal rate at least equal to sir. parcels+: S~1 If refund of deposit is made within thirty ( ) days of receipt of j deposit, no interest will be paid. If the deposit is f rotnined mova than thirty (30) days, payment of in- ter'ast shall be retroactive to tho date of deposit. Tho •deposit s!in1l. -case to draw interest on the elate it is roturned or credited to the customer.': account. Payment of the interont to the customer shall bo anfiual.l,y, or at the t1no tho deposit is returned or credited to,the customs*r'n account. (c) After ma}sirup application for iervico, tho customer y vor.vico department may have) to pursuo a credit ro- frr.enco shank. The cuntoi,ter Wit bo givan service promptly nfter application, but if tho credit check pruvell :iogative, Lho custunuvr will bo requirrd to t rr T1 ~.Ia. ],xs+.•w~-{ ~ ease produce n co-signor or place of deposit, Failure to do so will result in the discontinuance of nor- vice with no less than two days of notification to the prospective customer by the c •tomer service department, (d) A connection fee of $10,00 will be charged to new customers requesting water and/or electric service and a transfer fee of $10.00 will be charged exist- ing customers for transferring from one location to another. (e) if water and/or electric utility service is discon- nected for ncn-payment, then the customer will be required to pay a $20.00 reconnect fee and maintain a deposit sum equal to 1/6 of the last 12 months billing at the location where service is requested." (2) That Chapter. 25 "Uti.lities", Article T, Section 25-•6 is hereby amended to read as follows: (a) Payment of Statements. "%e due date for the pay- mont of the utility statement will be no less than fifteen (15) days from the date of tho'utility statement. Payment must be received in the City of Denton's Cashier Office.by close of business on the due date regardless of the postmarked date in order to avoid assessment of a penalty. Payments placed Ili the mail and showing a postmark on due date will not be considered as being received on ' the duo date. ,ca►- a n of tot ~ ` (b) f imoontinuance of 06rv,ice.,fox N 1? meat, ' Eaoh',o~}btome: of tie, ~ I ~ 'y`J>jy~ (1) A customer with an "A" rating will not he dis- connected if Ilia account is not paid In full by the due date, A„oa tomer t~ a~i` t~ • . (d) otice 0 "rPt'inatign gor Cusco 7 iait A ►E lr~ SG~`~m~~` s1 t v,. Qu k'e GkµLi~F t 1 1Yy!lent' J1. ,Nara geg the customer that'?ae/sho should contact the customer service department of the City of: Denton within the fifteen (15) clay poriod and prior to disconnection of utility service to prosent any evidenco or argu- mont concerning the statement or amount of utility 1 service provided by the City, if full payment has not been made aprroximaLcly five (5) days prior to the duo date the customer will again be notified by miil of ponsiblc torminatian and }tie altornatives, (d) Altornativon to Torts ilia liun of Utility Service. A c asLonier with a "B" r.aLing m,xy avoid tormination of aLlity tor.vi.ca by doing one of.- the followinUt I (1) Paying the total amount duo. I (2) Arranging with the Customer•.Service Depar'c- ment for a deferred payment agreement that would require payment of at least fifty (50%) percent of the outstanding bill and payrient of the remaining amount in not more that six (6) equal monthly payments. (3) if the customer is unable to meet these con- ditions or if he/she has defaulted or. a de- forred agreement, he/she will be referred to •a "Utility Account Review. Committee" for fur- ther action. This Committee will be composed of the City Manager, City Attorney, Finance' Director and Utility Director or their desig- nated representative if they are unable to attend a meeting. The Utility Account Review Committee is authorized to develop a deferred payment agreement beyond the six (6) month . period but could not extend beyond twelve (12) months. .vaitt•rr the Customer Service Depart- ment nor the Utility Account Review Committee vill have the authority to viaivn all or any por- tion of the utility statement owing to the City except when an error in billing has occurred, Any account that is delinquent will be referred to the City Attorney for collection, and appro- priate reports regarding the account's credit { rating will be processed. (e) Certain Adjustments Prohibited. No adjustment will be made in any monthly bill because of any water-or electric leak or loss. No allowance shall be made on utility bills by reason, of use of less service than the quantity set as the basis for the minimum charge. I I (f) separate Meters Required. Each customer maintaining J a separate residence, either house or apartment shall f 1 have a separate water meter and electric meter and a 1~J separate service connection to the city sewer lines; provided, however, that multiple dwellings containing loss than five (5) units may be served by one water and one electric meter and one sewer service connection and will be billed under the residential multiple block rate. Multiple dwellings containing five (5) or more units which do not have separate metering and service facilities shall be classified as commercial buildings for utility purposes and shall be billed under the applicable commercial ratos. (g) Notice on Moving Required. Any obstomer or prospec- tive customer of the City of Denton utility system h moving into or out of n building where electric, water or sewer service is or will be provided shall give a minimum of twenty-four (24) hours notice to the Cus- tomer scr.vice Department prior to the proposed date of connection or disconnection of said utilities. (3) That Chapter 25 "Ul.ilitics", Article It, Section 25-21 (5) I ' if; horeby ,vnc:ildod to read ac. follows: -3- L ff F.W. F ~ rt ` ♦ t Sj~~~IT 1V1. = It C ~ "Section 25x21{5}, Payment Billing for service hereunder will be at the net monthly rate, payment of which isilue on or before E the due data shoran on the statement. A penalty for, non-payment of the bill will be assessed and charged. Bill's which are not paid ry the close of business of the due date will be considered overdue. Thu Pena shall be the net monthly rate multiplied by five 5t percent, and the statement sent to the utility us will show an amount due on or before the due date, and will show an amount which includes the penalty that will be due after the due date. sections 25-4 and 25-6 of this Chapter will apply to service users hav- ing overdue bills. 1 • (4) That Chapter 25 "Utilities", Article IV; Section 25-60(a) (3) is hereby amended as follows: "Section 25-6O(a)(3).. Payment. Billing for service hereunder will be at the net monthly rate, payment of which is due on or-before the due date shoran on the statement. A penalty for n non-payment of the bill will be assessed and charged. Bills which are not paid by the close of business the due data will be considered overdue, The pe y shall be the net monthly rate multiplied by five (50 percent, And the statement sent to the utility us will show an amount due on or before the due date, and . will show an amount which includes the penalty that will be due after the due date. Sections 25-4 and { 25-6 of this'Chapter will apply to service users hav- ing.overdue bills. i SECTION II. That if any section, subsection, paragraph, sentence, clause, 4 phrase or word in this ordinance, or application thereof to any per j son or circumstances is held invalid by any court of competent juris diction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of nenton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective fourteen (14) days after t.: issage hereof except for the provisions dealing with I I notification of termination of service (Article I, Section 25-6(b) ! and (c), and penalties {Article II, section 25-21(5) and Article IV Section 25-60(a) (3). Tho notification of termination of service i and penalty provisions will be.•cotne cffOct•ive with the customer utility nt.' menu sent by the City or Donlon on or nf_ ter Doccmber 1, •-4- r S far F'i • 'Y"i~!~~~e"'T ~ a. PASSED AND hPPRCVED this th f.tnt~• day of VIA. 1970. JOU A TCHELL# MAYOR CI OF DENTONo TEXAS ATTEST: OOKS HOLTr CITY SECRETARY CITY OF DENTON~ TEXAS 1 APPROVFP AS TO LEGAL FOR14: i IS}14~ CITY ATTORNEY j PAUL Co I CITY•OF•DENTON~ TEXAS j jI k ~ l E • I I~ i , j ~ ~s . AGENDA CITY OF DEMON CITY COUNCI6 AND DENTON COUNTY COMMISSIONERS' COURT FEBRUARY 131 1979 Special Called Joint Meeting of the City of Denton City Council and the Denton County Commissioners' Court, Tuesday, February 13, 19790 at 100 p.m. in the Commissioners' Court] Joseph A, Carroll Courts Buildings 1, Discussion of City-County jointly funded agencies. s 2. Discussion of sale of Civil Defense aircraft. 3, Discussion of replacepent of sign on East McKinney Street, 1 g r r I I( t ~ IN Res CONTRACT FOR COUNTY-WIDE PUBLIC FREE LIBRARY pRIVILEGES THE STATE OF TEXAS U COUNTY OF DENTON U ' WHEREAS0 the Attorney General of Texas, in opinion Number 0-60941 interpreted the State laws governing the operation of County Libraries to mean that the Commissioners' Courts of the State of Texas may contract for library privileges from already I 4 established libraries upon their own initiative and without a i petition of the majority of the voters of the County{ and WHEREAS, the Commissioners' Court of Denton County, Taxae, is desiroui of entering into a contract with the City Council of 1 the City of Denton, Texas, to provide county-wide free public library privileges to all residents of the said County, as is i authorized by the provisions of Article 1694 of the Revised Civil Statutes of Texas, 1925; and WHEREAS, the City Council of the City of Denton, Texas has indicated a willingness to assume ft''. responsibility for the I~ remodeling, enlargeau nt and improvement of existing library physi- cal facilities together with the maintenance and operation of said library and to contract with the County of Denton io'provide county-wide free public library services; NOW, THEREFORE, KNOW ALL MEN SY THESE PRESENTS' II That the County of Denton, acting herein by and through its Commissioners' Court, and the-City of Denton, acting heroin ' by and through its Mayor, the said Mayor having keen heretofore duly authorized to so act by proper resolution (or ordinance) • of the City Council of said City, do make and enter into a i i i 4 i ~i contract and agreement for county-wide free public library ser- r~ vices, and the said County and the said City each accept and approve the following subscribed terms, obligations and pro- visional WITNESSETHi 4 The existing agreement covering the pian,of operation of the City-County Library in the City of Denton, bearing date i of December 3, 19410 recorded in Volume 9, Page 381 of the Minutes of the Coemibsioners' Court of Denton County, Texas, 1 ahall terminate and shall be in ■11 things rescinded upon the f ~ E ~ V I ~ f kk effective date of this contract and this contract and agreement shall take the place of and-be subefituted therefor. II k1 All provisions and obligations herein set out which' i concern and relate to the operation, management and financial f support of the new public library shall be and become effective and binding upon the•County and the City immediately upon the I' completion of the presently planned library expansion and re- construction, and the reconstructed library shall be opened and begin its operations under and in accordance with the pro- visions and terms of this contract; however, the existing library contract and agreement by and between the County and City, identified in paragraph numbered "I" hereinabove, shall continue in full force and effect, and the County shall con- tinue to operate the said library until the time when the re- eodeled and reconstructed library is ready for opening and operstiong and the City and County of Denton, for the purpose I of laying out~an estimated time schedule, anticipate that the k remodeled and reconstructed library shall be completed and i • i , . .v .~.i'v «.•w...~y.~..p...-w....w,.»,N!.1.1/C.. «i. .._L 1,.':~w7~»... Mit~ a ,r ready for opening and operation probably not earlier than April 10 1968. I • III k The City will remodel, expand and improve the existing library physical facilities in accordance with plans and de- signs which shall be prepared under the direction of the said City, expending therefor proceeds from the sale of $100,000.00 ' j of bonds heretofore voted at a duly schedules election held in i ' the City of Denton end authorised to be issued by the said City, and to supplement the said.bond sale proceeds by securing and f ' obtaining matching State and Federal funds in order that the k sum of $2009000.00 may be'expended in reconstructing and equip- ping the newly planned library facilities. IV On, from and after the date of•tha final completion of the planned library reconstruction work and the opening of the 1 new library facilities, the City Council of the City of Denton, shall be exclusively responsible for the management,-care, con- troll maintenance and operation of the library and all of its i properties and all of the employees of•tha library shall be and become employees of tho City of Denton and shell ba entitled y to all of the rights and benefits under any and all provisions pertaining to appointive offices and employments of the City of Denton which are then in effect or which may thereafter-he enacted or promulgated. V 1 The City Council of the City of Denton shall have the k right, power, and authority to select, constitute and appoint an existing City Board or a newly conceived board or commission, i I , I 'y as it deems most advisable, fcr the purpose of assisting and advising the said City Council in the management and operation of the said library, The City Manager, shall celect and appoint a Librarian who shall hold or secure from the Scats Hoard of Library Examiners, ■ Certificate of Qualification as a County Librarian, and such e assistant librarians and other personal as are deemed necessary r K and essential to' the proper conduct and operation of the said library, all of khom shall be employees of the City of Denton, i VII :i All books, reeding matter,,equipment and library ser. vices of the City Library shell be equally accessible and usable by the residents of the City of'Denton and the County of Denton during the full term of this contract, i VIII y The said City Council, or such Hoard or Commission to whom it may delegate such powers, shall sake, prepare and sub- mit to the City and County an annual operating budget encom- passing the anticipated expenditures for the ensuing year on or i before the first day of July of each year, the first such budget to be prepared and submitted on or, before July 1, 19670 and tha City Council and the County Commissioners' Court each shall have the right to make suggestions and recommendations which concern additions, deletions and modifications of items in the said proposed budget; and further that the said library budget shall not be approved or become final until the annual budget of each government is adopted and approved,following the official public hearing thereon. Ix Each year immediately following the close of the City of Denton's fiscal years the City Treasurer or Director of Finance shall furnish to the City and County of Denton a com- plate financial statement coverl.ng the previous year's opera- tion and financial status of the City Library budget and funds, I k I showing all surplus or carryover funds as may exist. 1 i X The annual operating budget of the newly constructed Et City Library shall not exceed the sum of $25,000.00 for the f first year of its operation; and it is further agreed that the annual operating budgets exclusive of capital improvements, of the City Library shall be funded by the City and County equally, that is, on a Fifty-fifty division of financial re- sponsibility, and the County of Denton shall pay to the City of Denton its fifty per cent share of the finally approved annual library operating budget in two equal semi-annual in- i j i stallsasats to be paid on the second Monday in January and July of each year during the full life of this contract, and the k City Library Fund shall be subject to the same fiscal controls and management which apply to other City departments and i agencies. If there remains in the City Library Fund at the end of the fiscal year of the City of Denton a balance or our- plus of unexpended funds from the year's operation, then, in E k that event, the,said ending year balance or surplus shall be i I divided equally and credited equally to the City's and County's i share of the budget for the new year, and shall be used to i I ~ x 1 Reduce the payment to be made by each government into the Library Fund for the new fiscal year. All contributions for books, memorial funds or memorial gifts given and granted to the Library during the year shall be paid into the Library Fund and shall be in addition to the County's and City's % share of the annual budget appropriation and shall be accounted F 'I for in the annual financial statement. XI ` This contract shall be reviewed every two years from F d the time that it shall take effect. In the event that notice } of intention to terminate has not been given prior to the x expiration of two years from the time that it shall become operative and in full force and effect, then said contract shall continue in full force and effect and be renewed and ex- tended every two years thereafter. This contract may be termi- E hated at the end of any City fiscal year by either party upon the moving party's giving six monphs' written notice of intea- i I tion to terminate to the other party. All books acquired by i the City Library which have been paid for out of County funds prior to the effective date of this contract, plus a number of books proportionate to the consideration paid by the County after the City of Denton assumes control and management of the library, in the event of the termination of this contract, shall be turned over to the County, or such person as it may lawfully designate, but no other books shall be turned over to the County. i In witness thereof the said City Council of the City of Denton ham approved and accepted this contract and has caused + this agreement to be executed by the Mayor, with full authority to act on behalf of the said City Council, ind attested to by i i WFAM 1 r r the City secretary and approved by the City Attorney, and•the ~ staid County of Denton has accepted and approved this contract, acting by and through its Commissioners' Court, whose individual signatures appear hereon, and attested to by the Clerk of the 3 , l County Court, on this the day of 1~•4r , r. 1 COUNTY OF DENTON, TEXAS CITY OF DENTON, TEXAS s County Judge K yor c ' r Commissioner Precinct 1 ATTEST's Com toner Precinct 2 VCity Secretary j Commissionar Precinct 3 APPROYEDs I Commis Loner Preq ct C Attorney Owed County Clark Dentoo,County, Texas j 1 ,t I ' I r 'i IN REt REVISION OF CONTRACT FOR ( PROCLEDINGS BEFORE 11M COUNTY-1410B PUBLIC FREE LIBRARY ) COMMISSIONERS' COURT OF PRIVILEGES ( DENTON COUNTY, TEXAS On this the 26th day of February, 1968, there cume before the Commissioners' Court of Denton County, Texas, Dan r, Dudley, Chairman of the City Library Hoard, and informed s the Commissioners' Court that the said City Library Board had E voted unanimously to request the Commissioners' Court of Denton r~ County, Texas, and the City Council of the City of Denton, I + Texas, to revise the existing contract for public free library services between the County and the City of Denton, bearing P ' 1 date of the 22nd day of January, 19680 and shown of record in Volume 18, Page 90 of the Minutes of the.City Council of the City of Denton and Volume W, Page 405 of the Minutes of the I Commissioners' Court of Denton County, Texas, to the extent of deleting, omitting and striking from Paragraph "X" of the said contract the followings E "Aii contributions for books, memokial funds and memo- vial gifts, except contributions for fixtures and equipment, given and granted to the Library during the year shall be paid I to the City of Denton and shall be credited to and shall reduce to the extent of such gift or contribution the budget item for , books and magazine purchases, and shall be credited equally i upon the City's and County's share of the annual budget appro., priation and shall be accounted for in the quarterly financial { statement," i And after having duly considered the foregoing request of the Library Board and the basis therofor, the Commissioners' + Court finds thAt the said request is reasonable, justified and that such revision will bo advantaocous and beneficial to tho said library, , J Thereupon, motion was made by commissioner 0,4l1 Hampton and seconded by Commissioner E,L.Tisdell that the following quoted portion of Paragraph "X" of the ,'forosaid contract, to-+vits "All contributions for books, g memorial funds and memorial gifts, except contributions for t fixtures and equipment, given and granted to the Libxary dur• 4 ing tho year shall be paid to the City of Denton and shall be credited to and shall reduce to the extent of such gift or contribution the budget item for books and magazine purchases, and Shall be credited equally upon the City's and County's share of the annual budget appropriation and shall be accounted for in the quarterly financial statement," be and the same is hereby deleted, stricken, cancelled and held for nought and I that ail other portions and paragraphs of the said contract be and remain in full force and effect. Whereupon, the said motion was put to a vote, and all of,the said Commissioners being present and voting "Aye," the Chairman declared the motion carried., 1 i 1 ' s 1 l 1 1 i 1 i t IN Mi REVISION OF CONTRACT FOR ( PROCEEDINGS BEFORE TIM COUNTY-WIDE PUBLIC FREE LIBRARY ) CITY COUNCIL OF TIW CITY PRIVILEGES ( OF DEtTON, TEXAS On this the 27th day of February, 1968, there was called upon for consideration by the City Council of the City of Denton County, Texa,s,'the request of Dan I Dudley, Chairman of the City-Library Board, to revise Paragraph "X" of the existing contract between the County and the City of Denton for public free library services dated the 22nd day of January, i 1968, and shown of record in Volura 18, Page 90 of the Minutes of the City Council of the City of Denton and Volume lip Page tt 405 of the Commissioners' Court of Denton County, Texas, by P ( z deleting, omitting and striking from the said Paragraph 11X01 of the said contract the following: "All contributions for books, memorial funds and memo- rial gifts$ except contributions for fixtures and equipment, ~ given and granted to the Library during n9 the E 1 Y ~ year shall be paid , to the City of Denton and shall be credited to and shall reduce to the extent of such gift or contribution the budget item for I books and magazine purchases, and shall be credited equally upon the City's and County's share of the annual budget appro- . priation and shall be accounted for in the quarterly financial ' statement." And after having duly considered the foregoing request, E the City Council is unanimous in its opinion that the said re• if quest should be granted and that such deletion will be advan- tageous and beneficial to the said Library Board in the matter j of solicitation and handling' memorial gifts to the sai kibrary. N Thorcupon, motion was mado by Councilman ~'IIf", and seconded by Councilman ?l'~•-~" that the follow- ing quoted portion of Parag1ph "X" of the said contract, J n to-wit: "All contributions for books, memorial funds and memorial gifts, except contributions for fixtures and equip.. went, given and granted to the Library during the year shall be paid to the City of Denton and shall be credited to and shall reduce to the extent of such gift or contribution the budget item for books and magazine purchases, and shall be credited equally upon the City's and County's share of the j annual budget appropriation and shall be accognted for in the quarterly financial statement," be and the same is hereby i deleted, stricken, cancelled and held for nought and that all other portions and paragraphs of the said contract be and remain in full force and effect. j S'Jhereupon's the said motion was put to a vote, and all I of the said Councilmen being present and voting "Aye," the i Mayor declared the motion carried. i i LJ 1 ' i i E E , 44 THE STATE OF TEXAS X FLOW MEMORIAL HOSPITAL AGREEMENT COUNTY OF DENTON X Wf;, the undersigned three parties, being the Commissioners' Court of the County of Denton, Texas, the City of Denton, Texas, and the Hoard of Directors of Flow Memorial Hospital, all of Denton County, Texas, pursuant to mutual Resolutions heretofore passed by the Commissioners' Court of the County of Denton and the City of ' i Denton, hereby dissolve the organization of said Hospital under Revised Civil Statute Article 44941 and hereby re-organize said Hospital under the provisions of Texas Revised Civil Statutes, Article 44941-11 which Article is incorporated into this contract, with and subject to the following conditions, terms, and covenants to which all parties hereto, and their successors in office, shall j be mutually bound, to-witr 4 i• i } f i The City of Denton, hereinafter referred to as CITY, and the ? s i County of Denton, hereinafter referred to as COUNTY, shall retain title to all hospital lands, physical assets and facilities, except as may be hereafter granted by resolution of the respective govern- ; ` ing bodies. Any matter requiring a vote on the part of both the i City and County other than the expenditure or transfer of funds shall be passed upon the affirmative vote of any six (6) members of said combined governing bodies at a joint meeting, and any eight (8) members of'the combined Commissioners' Court and City Council shall constitute a quorum to act on any hospital matter requiring approval of City and County other than the transfer of City or County funds, the pledging of any City or County asset, or the term- ination of this contract as provided below. Any decision on the part of either of said bodies to authorize tho transfer of funds, or pledge assets, to Flow Memorial hospital, hereinafter referred to as I HOSPITAL, shall be decided under existing law pertinent to the res- pective bodies. The City and County shall exercise all authority over the Board of Directors of Flow Memorial Hospital, hereinafter referred to as BOARD, consistent with.the intent of said Article 44941-1. The Director of Finance of the City, and the Auditor of the County, shall each have the authority as authorized under the laws of the State of Texas to examine all hospital books and records at any reasonable time, either separately or together. All donations and grants for the benefit of the Hospital, in- cluding benefits of trust funds, may be made directly to the Board of Directors of the Hospital but shn1l be subject to approval by City and County if any condition, obligation or limitation is con- nected with any such donation or benefit. 1 All funds transferred by the City and County to, or for the benefit of, the Hospital shall be based upon a written detailed budget, as described below, and no special transfer of 'City or County funds within a budget year may be made without the submiss- i ion and approval of a budget amendment or supplement prior to any such transfer. The said City and County agree to provide all funds i necessary to balance said budget after said budget is examined, accept- ; ed'ahd approved by the said City and County. I The City and County shall transfer funds to the Hospital in 1 the following proportionsi For each dollar transferred, the City shall commit 50 per cent and the County shall commit. 50 per cent, after the amount of each transfer has been authorized by both. This percentage of funding is valid only for the year October 10 19711 through September 30,1972, to be re-negotiated thereafter. it. j The initial,Board shall consist of the following seven appoint- ments, three of which were appointed by the City, and four of which I k were appointed by the County, with the terms of office,as set out by oach name. The terms shall begin on the execution date of this i contract, and it is specifically provided that the terms shall ex- 1 1 I .2- . pire on the first and second anniversary of the last day of the next complete fiscal year of said hospital, depending on the initial term, then each new appointment or reappointment shall be for a term of two years beginning with the expiration date of the 4 initial term, as provided in said Article 44941-1. No member shall carry over into a new term unless properly reappointed, as all terms automatically expire as indicated. The initial appointees and their terms are as follows: COUNTY APPOINTEES TERM EXPIRATION DATE 1. Mrs. Paul N. Simpson /0•h7.'L 2. Mr. Walter Ray ,Z VVV /p• 3. Mr. Carl Degan, Jr. 4. Mr. Al Testa Z 7 /O • yAo r, CITY APPOINTEES TERM EXPIRATION DATE R 1. Dr. Charles Saunders ~D' 2. Dr. John Carter /D y,L 3. Mr. Dorcell Young ~o. ♦ ~f County appoints two members for two year term and two for, one year term. f City appoints two members for two year term and one for one i year term. j It shall be the duty of the Board to appoint a Hospital Ad- ministrator having the qualifications established in the By-Laws, sand to confirm the appointment of the Assistant Administrator and t the Comptroller (or Controller). The Board shall execute a written contract with the Administrator for his services with such provis- ions as may be agreed upon, but no, such employment contract shall exceed a term of four (4) years, and shall provide fo: removal for cause. The Board shall concur in ano approve any written contract the Administrator may negotiate for the employment of the Assistant Administrator and the Comptroller (Controller) prior to any such employment. The Board shall have final authority in all matters of hos- pital policy, including management policies, in the government and ' operation of'the Hospital. The matters of quorum and voting are +I as governed by said Article 44941-1 and.the By-Laws. All official acts of the Board affecting the management or operation of the i -3- ' hospital shall be by written resolution. All said resolutions s duly.passed upon during an official Board meeting shall be reflect- ad in the minutes of the Board. All expenditures of Hospital funds in excess of the total bud- get allocation shall be approved by the Board, the City and the County prior to any such expenditure. It shall be the duty and responsibility of the Board during each fiscal year to engage an independent auditing firm to make f an audit of that fiscal year. Such engagement contract, or letter, shall be approved jointly by the City and County, as to its terms, and it shall provide that true copies of all audit reports and mat- eriel, including the auditors management letter and confidential information, shall be furnished simultaneously to the Board, the City and the County. The Board may appoint advisory committees, to serse without I compensation, under terms and for purposes which said Board deems proper. All committees other than advisory shall be as provided in the By-Laws. All meetings of the Board and its Executive Committee shall ' j be open to the public according to the provisions of the Open I Session Ac*., Texas Revised Civil Statutes, Article 6252-17, as t amended. ITI. • The Hospital Administrator shall have the authority and res- ponsibility to do any and all acts necessary and appropriate in the administration and operation of Flow Memorial Hospital with in the framework of the policies set by the Board in its By-Laws and by Resolution. The line of authority from all employees and personnel of the Hospital shall be to and from said Administrator, who shall appoint and discharge all hospital salaried personnel and employees, provided that the Board must approve the appoint- ment of the Assistant Administrator and the Comptroller (Controller), -4- F 1 ~ p•• who shall each or both be entitled to a hearing before the Board 11 prior to dismissal by the Administrator, as set forth in the By-Laws. The Administrator shall each month provide the Hoard, the City and the County with a summary of accounts and expenditures, and with a list of all accounts to be designated uncollectible. IV, The annual budget for each fiscal year of the hospital shall be prepared by the Administrator and presented to the Board no later. -than the first day of May preceeding that fiscal year, and the Board I a shall present same to the County and the City within thirty (30) days 1 of its receipt thereof, or no later than the first day of June pre- seeding that fiscal year. 1 The hospital budget shall be considered a public record and be readily available at all times. The budget shall set out estimated { indigent care and bad debt loss in one account, to be.separato acc- ounts when determinable by the County Medical Services Consultant. ' The budget shall be compatible with the organizational chart, which shall divide the hospital organization into departments and sub-departmentn. The hospital budget shall be consistent with the form of accounts and method suggested by the American Hospital Association$ j and sufficient in detail to show all income, revenues, losses, ex- penditures of funds, and salaries of all hospital personnel. The fiscal year of,the hospital shall begin the first day of October and end the 30th day of September. ~ V. l The By-Laws of the hospital, and all amendments thereto, shall be prepared by the Board and approved by the City and the County prior to adoption. Such by-Laws shall be made pursuant to the terms and conditions of this contract, and generally follow guidelines established there- for by the American Hospital Association, .5. N A copy of such By-Laws and amendments shall be furnished to 1 the City, the County, and the Administrator. By-Laws are superior 111 to any resolution of the Board, and no resolution or other act of the Board shall be contrarytthereto. Vi. The transfer of the funds approved by the City and the County, upon acceptance of the regular annual hospital budget, shall be made to the Board in one of the following manners in cash on or be- 7r k . I 'fore February 1 of the approved budget year; or, not less than 1/12 s of said sum on or bekors the 1st day of each month during such bud- get year; or, in three (3) equal payments of 1/3 each, beginning February 1 of such approved budget year. The payment option shall be made by City and County, respectively, at the time the budget is finally approved. VII. The Board shall require bonds of the Administrator, the Assist- ant Administrator, the Comptroller (or Controller), and of all other hospital employees who receive or pay out any monies of the hospital. The amount of such bonds shall be determined by the Board, and the E cost thereof shall be borne by the hospital. No such bonds, however, shall be for less than Ten Thousand ($10400.00) Dollars. ' VIII. This contract shall remain in full force and effect until amend- ed or terminated by a majority vote of all of the three parties here- to, separately, unless sooner terminated by the dissolution of the organization under Article 44941-1 by joint act of the City and County. Such dissolving of the organization shall automatically terminate this contract. IX. This contract to become effective on October 1, 1971, when approved by all parties hereto. I y,. ~aa rs . A?PAOVL'0 thic 19th day o: 3u:y, 177.. CL'J:t^• 0? 1 COX?:,££.O: ~:cE t ATTEST "ell COUNTY CLERK COURT, ^!fh I1 .t, •,q,/ (1„• J tea; 1 • . ~ • v. , 0 .-A araoi :az so• ti I ti ?la C:.:C'C :\J. I f Ilr /,,l APPi;OVL'D thls ~,~!day of 1971. /0" 06 F UC~174:~ f CIR' O r1y I ~ V r Ate, 11VOIi :A CC,Cour,cil~a DR* ROPEt ,I, C14IMMURS / Counoiliaan' ri'-t~'cg'nnan IfAkOLb L. ;f'Y, Cott~o'iiran k J APPROM thin , day of L~ 19714 j ~ bQARO OF DIREC'PORb OP i I rL011 111};;IORIAL I:USTIll a DR. CII'ANV:B Ji rmub".JS:c:;, 11r,l; d , J 11H CAtt'tEh 4 . CARL DEMAN, ; V HALTI.h i(A 11 PAUL !I. srFSP80N ~~J A--; e 4 l f i APPROVED W Q. IAMN WTtt AT7001Y j i 1 , Y I I 1 , I~ f ' . »8~ • A RESOLUTION by the Commissioners' Court of Denton County, Texas, relating to provisions to be made by Denton County, Texas, with respect to the hospital operated by the Denton County-City of Denton, Texas, Hospital Board; making certain covenants in connection therewith. WHEREAS, the City Council of the City of Denton, Texas, and the Commissioners Court of'Denton County, have heretofore executed a contract effective October 1, 1971, whereby both political subdivisions agreed to provide jointly funds for the operation of the Flow Memorial Hospital; and WHEREAS, the Denton County-City of Denton, Texas, Hospital Board, the operator of said hospital, as the joint agent of said City and County, is in the process of authorizing the issuance of bonds in order to provide for hospital improvements,and the prospective purchaser of one of the F series of bonds has requested the existing arrangement of the City and County be clarified; now, therefore, BE IT RESOLVED BY THE COMMISSIONERS' COURT OF DENTON COUNTY, TEXAS: I SECTION 1: The amount to be transferred annually to the H09CaT U'oard by Denton County i:nder the provisions of paraggraph numbered I of the contract between the identical i arties which was effective October 1, 1971, shall be the lesser of: (a) an amount equivalent to the principal of and interest on the Series 1975 and the Series 1975-A bonds (in the process of being issued by the said Hospital, Board), or (b) the amount that a tax of 10e on the $100 valuation would produce on the County tax roll (assuming j the then current rate of collection), SECTION 2: The amount to be transferred annually to Section amount under be an County shall I the oi th amgoard ount bpaideby City Denton Denton equal to 1. SECTION 3: The covenants of Sections 1 and 2 shall be effective curing the time the Series 1975-A bond re outstand- ing and unpaid. PASSED AND APPROVED, this the day of 0 ober 1975. ' n- I f ounty u ge, enton ounty, exu ATTESTt ounty er , enton ounty, exos I AFFROVED: i i ayu ty o et exas ATTEST: ,may .2 r` ' ecretary, ty of enton, Texas rp~ A RESOLUTION the TCommissioners' rel relating to Court provisions Denton County, • to be made by Denton County, 'texas, with respect to the hospital operated by the Denton Co:m ty-City of Denton, Texas, Hospital Board; making certain covenants in connection therewith. WHEREAS, the City Council of the City of Denton, Texas, and the Commissioners Court of Denton County, have heretofore executed a contract effective October 1, 1971 of d the s Flow Memorial to Hoprovide spital; janndtly whereby for o the political operation subdivisions funds WHEREAS,-the Denton County-City of Denton, Texas, Hospital Board, the operator of said hospital, as the joint agent of said City and County, is in the process of authorizing the issuance of bonds in order to provide for hospital improvements, and the prospective purchaser of, one of the series of bonds has requested the existing arrangement of the City and County be clarified; now, therefore, BE IT RESOLVED BY THE COMMISSIONERS' COURT OFiDENTON I COUNTY, TEXAS: SECTION 1: The amount to be transferred annually to the Hospital Soard by Denton County under the provisions of paragraph numbered I of the contract between the identical arttes'which was effective October 1, 1971, shall be the t i p lesser of: z (a) an amount equivalent to the principal of and interest on the Series 1975 and the Series 1975-A f bonds (in the process of being issued by the said Hospital Board), or (b) the amount that a tax of 100 on the $100 valuation would produce on the-County tax roll (assuming the then current rate of collection). SECTION 2: The amount to be transferred annually to , the equal oto th amFoard ount City of Section amount SECTION 3: The covenants of Sections 1 and 2 shall be effect•~f e-ldurTng the time the Series 1975-A bonds are outstand- ing and unpaid. PASSED AND APPROVED, this the 6th day of October 1975. 1 I ~ ounCy u g©, enton ottnty, exas ATTEST: ounty er , enton t.aunty, exas }r APPROVEDs E I ayo exas ATTEST: APPRO D AS TO-LEGAL FORMI 1 It ..ecretary, ty o entois, A T SY Texas C IT CITY OF DENTON MEMORANDUM TO: King Cole, Assistant City Manager FROM: John O. Maxwell, Civil Defense Director DATE; February 8, 1979 SUBJECT: Civil Defense Aircraft f The Civil Defense aircraft, a DeHavilland Beaver, was bought for $200.00 on August 10, 1971. (See Attachments 1 and 2), E I As was all property acquired from the Surplus Property Agency, it was bought in the name of Denton City/County Civil Defense. This j rule applied to alt property whether it was acquired for the city, county or any city in the county; it still had to be acquired through my outce, Before buying the aircraft I went to the County Commissioners and City Manager and got approval from both to buy it, The funds that were used to buy the aircraft were taken out of the for all surplus property acquired in revolving account used to pay Denton County, As each department in the city, county or city within the county received property, they replaced the money in this account, This account Is in my operating budget, The aircraft was registered with the Federal Aviation Administration In the name of Denton City/County Civil Defense as required by federal regulations, (See Attachment 3). During the first four years of operation of the aircraft, four hours a month of proficiency flying time was paid for fourth, joint and the is;t the paying state paying one-half, the county paying one-fourth, just As is everything in my operating budget. i axwe i 7507 WILLAN0 flLCPIiONE W-2131 • i TEXAS SURPLUS PROPERTY AGENCY ADMINISTFIAYIVE OFFICE P, O. DOX 8120 CIVIL OFFENSE SAN ANTONIO, TEXAS 78208 0231 r-tip DISTRIBUTION DOCUMENT AND INVOICE r-Donton City-County Civil Dofcn3e Municipal Dldg. 3 Donton, Texas 76201 ,i LAttnt John Maxwell, vircctor _j DATE ~AUgU° t p 197_1•- uen uw t v.w, rcn Ll ~ M rlt NODLRNHi IOh UNrI Obvry'[ HANt tr~f OUAkt11 IKO Colt Itl fu"r'o,tl , i + 1510 Airglane, ut,{lity 7192 _ - r Dehaviland SoavOrr UGA X400 E GSA 3{CO-71-531+ F E (OCD Form 376 Stato Control i l " Gy83a-1~~'-~-~ nxnt _LnntrGT No. TOx 1510.312 An roves". 5 4 71 ides This in a coin liance atom 1 NOTES Donoe ieced a at II /A 5° k ~ ~Y , I 1 y 1 TOTAL to 'J,J + The WO(vty titled hRaon h piblrA 10 lh. ,ppriktNal, ttttifk400tis anti nda~al1rMnant, 1r~1_f~ml) h It otto nwl om 1he PAY ONLY THIS AMOUNT Wandllnq Chaf9v led e) f ,Cutts %kir of 110, a 111rn1, I 11I M C n. A f V "The pprnPrrlY Irtlyd baron N bring urrhlund t~clutlx•ly Itx CIVIL WINSE purr, at INCLUDINO nKSCAIICH FOR ANY SUCH pUfIVUvF., and I tfa oil -r pr liav and Ihn eruif o,t+ua, rovrn.lnl.• ,nd u11 ecmeni, w1 Will on 1119 frvrt,r Sldr of I6ky INVO(CC I •wn Iryn I'V nl Jd N. heitliv tv;Wwd,fdvuululwl; eM M11yd lu;' 7 h'}' r sal al 01 . btrl .~.+W r 1110 ~11tl1~Inhtr,irrf,ur •r • wp,wruu ..r 1 r • . ; •'nlnm5f f C()fIU1T1h11;.s, rr1vI:FCR ut7CUPUT KNOW All HEN nY THESE PRESENTS: That the United States of America (hereinafter called the Donor) actino by and through the Secretary of llealth, , Education, and Velfare by the Assistant regional Director of Surplus Property Utilization, Region VT, 1114-Commerce Street, Dallas, Texals pursuant to the porters and authority contained in the Federal Property Administrative Serivices Aet•of 1949 (63 Stat. 377), as amended, and regulations promulnated thereunder, for And in consideration of.an in reliance upnn the representation of Denton City=County Civil Defense, Denton, Texas i I~ (hereinafter called the Donee), as autho- rized by OCO Form 376, "Request For Surplus Property Requiring Advance OCO Approval For Donation" approved Hay 14, 1P71 copy attached hereto and made a part hereof, that the Aircraft hereinafter described is required for purposes stated in OCD Fora 376, does hereby deliver, sell, assign, and transfer Dellavilland Eno. S11: 42-112886 ? All of its right, title, and interest in and to the said UEA Aircraft SN:54.1728, together with all engines; appurtenances, and accessories attached thereto and t installed therein, (all of which are hereinafter referred to as the Aircraft fi which has been determined to have'a fair value of S 5,000.00 receipt of which Aircraft is acknowledged by letter dated the 29t:day of oct6ber , 1971 , copy i which is, attached hereto and made a part hereof, unto the Donee to have and to hold the Aircraft, all and,singular forever, this donation being made on an 'at is", "whbro is" basis withwit warranty of any kind, and deliverv made at ! the present location of the Aircraft regardless of where it may be situated or the condition thereof; subject, however to the following conditions: l + It The Donee agrees to apply to the Federal Aviation Agency for Registration of the Aircraft on or before 30 days from the effective date of this instrument, and the Donee's application for registration shall include a fully executed copy of this instrument. , i to The Aircraft shall be placed into use for the purpose stated in I , OCD Form 3761 immediately upon possession thereof,, i 3. In the event the donee does not apply to the Federal Aviation Agoncy for registration of the Aircraft, or in the event the Aircraft is not placed ihto use iemediatnly upon possession, the doneo, on or before 90 days E from the effective date of this instrument, shall notify, through the State E Agency, Office of Civil Defense, Department of the Army, In writing, of the Dome's failure to timely apply for registration 'of the Aircraft or of its , i tailors to plo+:e thr Aircrnfl into imncdiatu use, Title and right to the Posses- lion of the Aircraft on which application for registrationi has not bean made within thirty trays, or which has not heen placed into use ,imnediitely upon receipt, shall at the option of the Office ~f Civil Defense, Department of the Arnly, revert ` to the United States of America, ;'oon demand the donee shall, as directed by the Office of Civil Defense, Department of the Army, or its designee, release the # 4 Aircraft to such agency or person as may be designated, sell the Aircraft, or otherwise dispose of the Aircraft. Any sale shall be for the benefit and account of the United States'of America. i 4. there shall be a period of restriction which will expire after the Aircraft has been used for the purpose stated herein for a period of ten years, 6, During the ten year period of restriction the Aircraft shall be used only for.the purposes stated herein, 6. buring the period of restriction the donee shat' make reports to the State Agency on the use, condition and location of the Aircraft and on other pertinent matters as may be required from time to time by such State Agency, or f ~ . the Office of Civil Defense, Department of the Army. During the period of restriction, the donee shall not sell, trade, lease, lend, bail, encumber, cannibalize or dismantle for parts, or otherwise dispose of the Aircraft, or any part thereof, without prior written approval of 1 i the Office of Civil Defense, Department of the Army. Any sale, trade, letlse, I , loan, bailment, encumbrance, or other disposal of the Aircraft, when such action is authorized,by the Office of Civil,Defense, Department of the Army, shall be for the benefit and account of the United States of America, I S. In the event, during the period of restriction, the Aircraft or any part thereof is disposed of without prior approval, or is cannibalized or k r dismantled for parts, or is used for a purpose other than the purpose stated herein above, the donee, at the option of the Office of Civil Defense, Department. of tho Army, shall be liable to the United States of America for the proceeds of the disposal, the fair market value, or the fair reptal value of the Aircraft at i i { the time of such unauthorized transaction or use, as determined by 0e Office of Civil Dofcnso, Department of the Army, ' 06 1f; during the period of rostric•Eion, the Aircraft is no longer suitable, usable, or further needed by the donee for the purpose for whiih acquired, the donee shall promptly notify the Office of Civil Defense, Department of the Army, through the State Agency, and shall, as directed by the Office of Civil , f Dofassc, Departm<nt of the Army, or its designee, retransfor the Aircraft. Any tale be for the benefit and account of the United States of lanerica. 10. At the eption of the Office of Civil Defense, Department of the Army, the donee may obtain abroc;ation of the terms and conditions set forth Iii sub- paragraphs (6) and (11) of this paragraph by payment of an amount as determined by the OfTice.of Civil. Defense, Department of the Army. 11. The Office of Civil Defense, Department of the Army, may terminate all the above conditions and give unrestricted title to the Aircraft to the donee whenever such action is determined to be appropriate. IN WITNESS WHEREOF, the Donor and Donee duly executed this instrument, I effective the *J day of 'hov: 1971. k Denton City-County Civil nefensp, UNITED STATES OF AMERICA ern, exat Acting by and through the Secretary of Health, Educ on, ^ - and l~ • i tlaxwnll, Oireetnr sistantnRegional Di. r. for ,en'o_cuntv_Civil _ neferu a Office of Surplus Pro rty Utilization COUNTY OF nsrrcOV COUNTY OF Dallas STATE OF TEXAS STATE OF Texas On this 24th day of October , 19 71, On this P-i day of ~r.•~, ; 19 -71 before me appeared john G. Maxwell before me appeared Sam G. Wynn, to being by me duly sworn, says that he me personally known, who, being by,. z is the person Whn did execute the me duly skrorn, says that he is the { foregoing instrument on behalf of parson who did execute the foregoing Said Denton City-County Civil Instrument and that such instrument I Defense and acknes•1- was'executed under duly delegated ledges to me that he was drily author- authority on behllf of the Secretary iced to executt the foregoing instru- of Health, Education, and Welfare, rent and that he executed the same as and acknowledged the foregoing instru- I a free act and deed of said rAnt to he the free act and deed of Denton City-County Civil Defense the UNITED STATES OF AMERICA t given under my hand and official seal Owen under my hand and official seal the day and year above written, tho day and year above written, t o a y M.Al c in an/ or oUlr n aFi3 or the COUIITY {IF COUNTY OF Dallas STATE M 74.0'r-4.0" STATE OF Texas 4 1 - My Commission Expires s/ 1 Z Mf► Commission Expires; • / 1 it • 1 1 • • d 1 1 1~ 1~~• , I r ' 1 1 1 i i1 I 1 `~1 ,NI I 1 ' 1 :yqy■ 1 • 1 FN'M^ A 1 OpARTMENTOFTRANSronTAfloN /tUUTAtAYIATIt1NAOMINISTHATION FORM APPROVED Ann,) rn,Id film unpln-rntl11 AIRCRAFT REr)ISTRATI (I IGI ITY, OMB No. 04-ROTES Alton-tr+nnnulA et l.poll 16,11 u IDENTIf ICATION. AND ACTIVITY REPORT And ton she frnvu• lute Ilt'• A F DE LMU f NrreednYillII11"s lnl' tinlIll,,Iflllabl.an'I,I.,,Irndl/br1.1.1nlf"" , 11 , PART 1 - REGISTRATION INFORMATION i r'I,a'1 t'ur mt UF AC TUBER, MOOF L, AND 1 ` OAIHCRAFT SERIAL NUMB ER O AIRCR fT MAN O RE , 0, V i 1. 1. ^:1 ~ ' .AVI V l• -A . . . . . . . . . . . :x-17..0 r4i'A 1 of pro.. L'J s t. L . O O Pr,n hvl N 0 dlfA ~y y dpop V 1T • A r,,.,.I I.urP~O.1~0~,ETC. ®NVMSERANDfTREET. A ADOR SS OFCERTIFICA HOLD RISE S „ 1 r 1 1 i. (lEh9Ub 111! LOU'; ~lYlL GtYE.Ltt "Alto t. L:LISSbSIbY JA /oau) ur, h9111+ , i'{;fp• fILA f A ION It UV S to I I/ EtL ❑ SO(S) IiL+•r /ai thi•w'I 1TC. C1 3TOLFNfLOST • ~ 1Td.❑IMPORTID I r X1'4, .,"IL+.'.It' ,t111'1'F 1&,,,10 JnA AJini'u PPEO t ,n ri ,n,nAt 1 t Te.❑OCHER I Lr4JVIJ TTy,QOFSTROYLOrSCRA - '';31, dEMARk3 ~C. •ihran,l. S ~ _rr. • DATE i EOI t TIO ELIGIBILITY. IMslNrlrJythat' Illlamaf.worN '9 REGISTRATION 1 pVEI fowl k ~'1► ~I b ^ dip+stooa a aNihe b~ op^r ors 3^ ill# y+ of REOLI CANCELLATION Of Y FOR THE ABOVE REASON. Is.,,..nl. an.n 1 f~AT)1RI-it _..1-J'r t- :'40't': •i-CCC.r- 'f llcNAtljA E_x•_~^',.•~ -r l.T :iC•t- W1/cLrN TS TITLE i. T EITLE 4 PA 2 - ACTIVITY & E TED INFORMATION chl ` a9l reyrtffved t in f I except opi providird in United Stvtei iA0 lu erlAutri flat ~eOuiNd fu! urDmn,l out t of to e JI yplf OprCtl yOUrabCralClFMfil dlrrler a,AC FOrrn BOSO•f) ARf?1orWitchteE Aan..., r'nEalt fund+r l rnddOfootfromplrttf/maindpplftl/m. NY jig ORTNAM I I N A t ICOrnw'f,n,mn/?J-lieIvna,le+a AIRPORT ITY ht•A tt):l Alltll OrnF;', r IG Ti'tT.`d'tQti I ICn~[f In bola fbf n''r,•tf In„ J✓fIILdr.vll c.rrrnl NOJorhfY.1 u a core (VIN ED~jP.MEl4I j AVI NI B E UIPM ECnC1 /ME ILIT f nuAa INt[ATION___ yd9R}call E{11 -.._...G❑ ' ® ❑ t7f CemmumueonrSritrn: • ?LOpO 0etAnaannnneah it . 00 LocelIW SiOeAaAneh M loll ~ Q Mora IMrt One Rea rr 013 MxAr B+aten - - - - ® ❑ s . Gl,da dbpf------------- J'?O EAInAali 0 MON......-.r- Aub'Tafa Direction fln01,110011 MME CAN'T 6,1111 jvtlem ❑ Ab VH/ Equunun crbnt rOU,A^e^f.---• OnUnce M+aluhn/ floromMf IDMFL_. •+•-.+A°+'"'ArN tYavtfallOA rpotpme's l ltM+ ®Q U11~ENi..... • (D C] Mrtrorraw LanaM Y 013 , , OIArI.. LAM Nampo l0applr INS NO RSRtrLrrlfrOUPAMd. 12) [3 t AYlllma NC PJ01 . 1 r , . AAitlabrMAdinFriu,0mM Also AN nn+fr. ' C3 NA fraritppnltr lEurpmenf r 'nbA/IVIFNhOA LEUipmenf 1:Ifu / HIS N HS El ERATO IF OT CANER N URSFL WNBY AI CR JAR,L-D .J' I lApiMftrhulrhnWl(npfIeAI,lrlleh,brnun.r'IrdfhA,l,rfRdfl His. ~r nnpurlJnf ndle un revvNn,pl/+ [IlFCU11VE fCdpa4ee Nr of$ by predtlrorul pllald ` Hit '.UL'i)'~o BUSINEffllnJirrAudll7rir101urAWonrtlrrJwm) \yCURRENT 1183(11 I OPERATOR'S NAME PER10NAl It J,010IIIIloeuwlopu'leofonsr His. 0 ES AERIAL APPLICATION IANrrru!lure, Ill-Ir, loreHrrl r N11. I NST R LIC I ION Ir fr Arart prullt e-^t r l H11. AIR TAKE(Rv111l uArr,INf~d 9119 too, tlldrpv narrcrft HA. INDUf1RIAL(%rLCIAL (PI pull pAelu, Apnf, Nlt l HIS. 0 :o 1; t, t" AIRCRAfT RENTAL NUrINC3S roc) lliL 0T NEIL IRAd, UrnwnlPJpanl, yylrl tldrJchulvey, YOU UWNl It llllti Alf IC,I I AI T I I t:i I HAN 471JUN 1115 IAIE YFAIS, SIlttA 1911 V11Itr% lANNI 11 p; INNJII% - 4 I 1AN11nIlY 1 -111 11 AIIt IA 1,1 r I~! t ~'.t1I r1 1, 7' ' ^"-IIAIdt'IIAIINoll1111WNSAKIYIAll,0511Cff111111 11115 I Ifll« 4' j'"1(si'`!l7 is ! ! ~'!Il'11,'1 f01A1 AIIII IIAMi. 11MI, nSdf llfC. 31, I 4 r~ d4 CITY of DENTON) TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE (617) 391.9601 MEMO UM T0; Jack Owen ' i j FROM: Rick Svehla i DATE; February 13, 1979 f R8; County Annex Sign To the best of my knowledge, this sign was removed due to the ' widening of McKinney Street. When the contractor was Toady to move into this area, the Street Department was contacted to move the sign. The Street and Bridge De artmont came out with a winch truck and hooked a cable onto the sign and tried to remove it. Evidentially, the force owas coml]te sdeto much for molished b ttthosStreat withstand because the sign p t and Bridge Department. It was my understanding at t o time that i some arrangements were boing made through the Street and Bridge 1 Department to replace the sign. I 3 I DEPARTMENT OF COMMUNITY DEVELOPMENT i COUNTY OF DENTON 1977 EXPENDITURES Ad Valorem Tax Revenue Disbursements GENERAL FUND (less transfers to other Funds) $ 11169,889 $ 1,301,647 ROAD & BRIDGE FUND III Precinct /1 167,322 272,759 Precinct 02 167,322 266,165 Precinct 13 167,322 254,341 Precinct 14 167 322 2$3,696 Total 6991288 Ts646,961 JURY FUND 37,145 36,979 OFFICER'S SALARY FUND 101029 100190491 DISTRICT PROOATION FUND 00- 221,967 i PUBLIC HEALTH FUND -0- 161,249 BOND SINKING FUND 293,411 269,776 R REVENUE SNARING FUND -0- 385,920 OTHER FUNDS -0- 157,959 I TOTAL COUNTY $ 29271,662 S 4,591,949 l j y ' Road & Bridge Funds are 22.8% of Total County disbursements I