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HomeMy WebLinkAbout02-12-1980 R.1 UMW , AG EAV A CITY OF DENTON CITY COUNCIL February 12, 1980 Special Called Meeting of the City of Denton City Council, T-jesday, Februrry 12, 1980 at 7:00 P,M. in the Council Chambers of the Municipal Building, Broadcast live on KNTU Radio, 88.5 F.M. 1. Consider an appearance by Ms. Ruth Sweeney relative to her request for a variance from the Animal Control Ordinance prohibiting the keeping of goats within the City limits. { 2. Consider accepting a grant from the Environmental j Protection Agency for the construction of a 6 MOD addition to the Wastewater Treatment Plank, and other sewer interceptor and collection lines. (The Public Utilities Board recommen,: approval.) 3. Consider a lease agreement with Carroll Collins for additional office space for the City. 4. Consider executing a Release of all C),ims against Enserch and Lone Star Gas Company as previosly agreed to in the November, 1977 Gas Contract Settlement. (The Public Utilities Board recommends approval.) f,. Executive Session A, Legal flatters B. Real Estate I, I C. Personnel D. Board Rppointments 6. Consider Board Appointments i i i i f' i l t CITY OF DE'NTON MEMORANDUN: TOs Chris Hartung, City Manager FROM% Bill Angelo, Administrative Assistan DATES February 71 1980 SUBJECTS Request of Ms. Ruth Sweeney - Keeping of Goats within the City limits I I On January 28, 1980, officirs of the Animal Control Division issued a letter of warning to Ms. Ruth Sweeney of 2420 Emerson alleging a violation of Article i, Section 4-5 of the Animal Control Ordinance vhieb prohibits the keeping of certain animals 1 in the City within 200 feet of an occupied building. This letter was issued to Ms. Sweeney in response to complaints which were received by the Animal Control Division froi two (,f her 1 neighbors. Apparently Ms. Sweeney had been keeping a female If goat in the backyard of her rAs'_dence at 2120 Emerson Lane. Ms. Sweeney contacted t'ie City Attorney's office seeking a variance from the Animal Control Ordinance. City Attorney, C. J. Taylor, Jr. discussed the problem with Ms. Sweeney and explained to her that it was not possible to grant variances from this ordinance. He further suggested that if she wished to ' pursue the matter, she should petition the City Council to amend the Ordinance. To C`at end, Ms. Sweeney has submitt&J a letter to Mayir Nash requesting the Council's %:onsideration of this matter. I have scheduled this item for the February 12, 1980 City Council meeting at which time Ms. Sweeney will present her case to the Council. In essence, Ms. Sweeney has based her request on health needs, claiming that goat's milk is necessary to her diet. In addition, she claims that high cost of this milk and the unreliability of a constant supply has necedsitated her keeping the goat. i f I t 1 Chris Hartung l February 7, 1980 Page Two E Article It Section 4-5 of the Animal C.ntrol Ordinance prohibits the keeping of goats (among other animals) in any lotr pen, building, stable or other enclosure in the Citys any part of which lot, pen, building, stable or other enclosure is within 200 feet of any occupied building. Section 4-6a of this ordinance requires that for each animal an enclosure of not less than 400 square feet must be maintained. Section 4-6b requires 1 that each enclosure contain a manure box not less than 4 feet square and not less than 3 feet deep In which all manure and at will low theaethesecgoattions have tong be amended to laced each f residence). i , S Bill Angelo SAtjm f-' Attachmentes Exhibit I - Letter of Warning Exhibit II - of from Animal . Control Sweeney Ordinance Exhibit III - Copy py Ery y" v ~ w h t: ` awl] Animal Control Ext. 251 4.- ; Cr ttCr."'XM CIT,V Of DE'NTON, TEXAS W-VICIf AL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8171382.9601 I _ + J A _.Ur~_ ~T , ,i~ ~~1~ v`~~\ LPL ~i' I~ f i 0,oction 4-1, Code of S'OSdECTt Running at large animals, 4 Ordinances of the City of Denton, Texass it shall i be unlawful for any person to allow e,ny animal to run at large in the city. t (J Noisy animals or fowl declared a nuisance, Sectiall 4-7) Code of Ordinances of the City of oeuton, Texast The keeping of any animal or fowl which, by causing frequent or long-continued nolso, shall disturb the comfort of ordinary sensibilitios in the immediate vicinity is hereby declared to be a nuisance and unlawful. And/or Rf 5 -C_ 4 -J T !S t I~ZY~I t~uL _ ti u, L~l tr'I1,rJ ~uo~~' uT 3 C Are . o' f ,t,rF~Eor4 -1 15 M s Thy. City ordinance regarding an a violations was wriAe~. to protect the public mom aninw.b running at large and/or being a nuisance. - Your animal, as observedN 19 on the day of Since you may not have been aware of tho law, this letter is merely to inform you of the alleged violation. If this type of violation continues, a warrant will be issued for your arrest. Your prompt attention to this urgent matter is appreciated. If you have any questions, do not hesitate to contact us. Sincerely, s t a; I Owl pLR4A~ ~ l lQ~ J 1/ r q D 4 C I /1 , . n ~ ~ / 1.Q.~~~d..-~'L~• .tea/ ~ { i goo h ,mil ell CJ ell i ~~LU-M l ~1,t,~~ ~-r~ c~tA.~t•~~J J. Gt~GC-~1'~.c•.u. VrJ 1 . a.4 j 040, .V i r 4 u DEN'JON color 4.0 Scr, •1.5. m,cioinlr of verlaln stock In the city. !tope. It 1:11:011 be unlawful for ally porn .11 to feed, lrrecci or I troop any hut, or huge, lolg of plls'r, lu any lot, pen, building, ratable cr Mbar crirlo; ure In tha rity, any part of N hicll lot, pen, bulldiny~, amble or other enclosure L, nearer than ene thousand (1,000) feet to any orcupred building. Other otrin all, It shall by unlawful fot• un' re:,ty~Jp jruj f g hrcr_,,..a~tll!).e,1~S~+4UY_krsµ.n0µ'-rug:(x),-y;p~tUsl.-1wJ.:~st:Ln), I rr.lrle(s), donkey A or steep In any lot, ,en, bullding mfnl j ur u ,rr cnc nsure in rc elly any ll to w nc i lot en, Lu rn s a a or olhu cnc vsnre iw ;vI* hill lw )IlIi112CkS~ r c `F 1, t u, t'aic a t. ,3.05, 1 (l t~`t `'rTE~f11 h{w3 nri den . j-~ . rl,'t .0, , , ) Crww rn4'rrcnee- Ab:k4tviii In city, Ch, 11, Arr IV, Div. 2. k l Sec. 4.0. Enchr4ure re1c ulrrd in keein g 0 J, rcrluin nni:nuls. ~ i (n) srzr of late. It Ah.011 hcrr:rrttw be unlawful for any per. sun to r oblu, limturp, feed, breed or keep any hog(s), plr,(A), rav(e), I.oal(s), home(s), nude(s), donkey(s) or sheep In any lol, loon, buildlnrl, et;tihin or Ober oncEnsore in tho city, ernn' cr in size rind dimcnsiund than la required by the follow. 9 l Ing specifications: ' Yor one cow, Khecp, I:eat, hnrric, 1110113, donkey, ling or pit,, a lot, pas, building or olhcr cAelosurc of not Ices than four lowdred (400) rqualu feel shall Le required. For each ad- r rlilional cow, Bhecp, 7.03t, 1111110, donkey, hog cr pig, in any such lot, pen, bullriing or otlwr enclosure, an Additional four hnrnalred (40J) tgaav,r feet shall be regnlmd. E (h) hfnrrryre bt;xc;r. )'nth and every lot, pvo, building, stab:.r or otht r eneluaare in the city in which Any of the nboti e•nante;l Animak or other rpetlts nre kept, frd, brcrt, Atabind, pas- t turell or haa^ed Anil Hve it raarnlr; box not lcti;A thin four i (4) feet 8+111are and not le;cn than three (1) feet deep In which { all trianura and droppings shall he placed each day. F;ach such Lox rrhnll be grcurely Acivnid or otherwise prctcrted from fiiaa, veitnin and mlonts And shall bn tholuul:ltly cleaned out woi disinfected at legit onco cavh W'ok, It Rhali herenftar he t ePA No. 2E 210 I E k. vruwa~ Y I l 5 1 G ANIMAi„S AND I'btii't t ~•II u(1nl95'1awful to Pilo or slac'r, manure in open sLuka in the city, Code, Art. 3.05; Ord. No. 76 30, 1% 1, 8-3'16) 1Ci0%a reference ._re.!}crinu ar posturing of anima}a fn public psrka, Sec, 4.7. Nulsy rn tinok or fowl declnred n nuisance. The keeping o., any anirmil or fowl which, by causing fro. quest or lung-coulinued noL: shall disturb th,) comfort and reposo of any person of urdirnry sensibilities la the fuunedinte vicinity is hereby declnred to bu a nulssuce ahd unlawful, (1950 Codr, Art. 3.061 Crayr rr! r,nc~ - Nui~ancea gruerully, GA, tt, Art. It. 1 i Sec. 4.8. Deering of fowl. I~'o CliiCkel,tl, tlll'key4, ~lilllea}, ger3P, ducks, pigeons, gwtii, Pheasants or other pirne V1 %I nhali he kept In any tnelosure, any poet of which e,ncia:ure Is Within two hundred (21)0) fret i of any occupied dweilink in the city. (1950 Code Art. 3,07) Ir s ( "cc. 4.9, Injuring or killing certnin birds. j \ It shall be uninwful for any person to wilf;dly I +!i, or In ! f any manner Injure nay bird of any kind whatsoever within the Illy limits, save and except tho F;rlg}fsh sparrow. wand. peckers nnet birds of prey. (1950 Code, Art. 3,07) a t See. 4-10. Iajarlnr, capturing or klBing anlmal.r and fowl oa public property. Except as otherwise provided In this (haptkr, It shall be tin. lawful to tntcrfere with, Injure, capture or 1111 tiny siuirrci bird, fowl or other animal life witnin an 1 Why, hli:! wY or other 1eblic property public of the city except by ~ Permission of the city co~i ielll pravldad, that this article Ahall not apply tri harmful rodents, reptiles or Insecto, 0950 Code, Art, 3,09) Cross refmrnce--.SlauRhtnring of animals irPnerelly, Ch 11, Ark !v, { Uie. R. J ( See. 441. 1. Ilemovinu or destrcy-ing certnin hlyd eggs, _F It shall be unlawful for any person to remove from the nest or in any manner destroy tho eggs of any wild bird, s Supp. No. 28 E17 { a 1 1 Item rebruary 12, 1980 CITY COUNCIL ITEM 1 SUBJECTS Consider Accepting a Grant from the Environmental Protection Agency for the Construction of a 6MGD Addition to Denton's Wastewater Treatment Plant plus Other Sewer ''interceptor and Collection Lines. SUMMARYs s In September, 1978, the City of Denton applied to the i Environmental Protection Agency for a Step III (Construction) Grant for the following projectss 1) 6 MGD Addition to the Wastewater Treatment Plant. $7,319,401. t 2) Pecan Creek Interceptor Line $1,181,347 3) Audra Lane Sewer Collection System $ 342,248 f 4) Contingency, Misc l 193,460 TOTAL----------------- $10,036,460 EPA has offered the Grant to the City and the next step in the sequence is for the City to formally accept the Grant. Bids will be accepted on the construction as soon as possible. Contract award and construction should take place 1 by May 1980. Expected completion time is October 1981. Although the EPA has advised that certain items requested in the application are not eligible for funding, they have left the dollar amount of the Grant unchanged and will officially declare such items ineligible at the time of the contract award. I I I Y...........,.n wrn'n..w.nr~1Mw.-4 wr....... .n..~~...... ...r..a..• _ ~......~.RM. p n FISCAL SUMMARYs Total Cost $10,036,460 EPA Grant share $ 7,5270345 Denton's Phare $ 2,509,115 Source of Funds--- Bond Funds i ACTION RE¢UIRED3 C Recommend to the City Council acceptance of Grant. ~ i ALTERNATIVESs t Accept Grant offer. STAFF RECOMMENDATION'. The Public Utility Board at their Feb. 6, 1980, meeting recommended acceptance of the EPA Grant in the amount of $7,527,345. R. E. Nelson Director of Utilities i i ESHISITSt I Grant Offer 1 I I II ~I Y! A 1j]S +~J ,1 k h i.v MM~ U.1. 1wVlROMN[NTAL 0`007[CTIOw Aa[NCT AGRECMENT/AMENDMENT LRANr 1o[NnrlcAr+oN 0`a I + CN[CR GRANT IT111111 a ! gap jell A A A 4 ' aR ANf /M (N DM(N1 TVrR OR ACTION / NT R A1[D 0`.01 [f~f wY'Tl PART 1-01NERAL IMR0RNA110N 1. GRANT 0`ROGfSt. Grants 1TATUTC ARR[ACNC[ LR[OULAiION R[/[Rl4C[ A. -~R. 40 CFR C Su E aRANrca o~alwl:Arlaw L MAN* e. AooA(11 City of Denton 215 E. McKinney Street Denton, Texas 76201 D. [a1r6o.eR LD. No rrrv! ►ROl7Cf YAK AO[R f0tnnre C~nr.i~ll I A. MW1 Z AOaRg1 Robert-E, Nelson City of Denton rector of Utf 215 E. McKinney Street lIS1 Denton, Texas .76201 F 0. 1`9610NON[ NO. Ont1uJ. Arn Pr„k0` J 1 ►Rol[Ct Of RICA •.fPA 6nlrnry L NIMR d ADy0R1, John R. Lock P E• Texas Dept. of Water Resources a tI„[ Construction Grants 3 W Q Planning Area Pr - -Enoingeser N P.O. Box 13087, Capitol Station C. TCL VNO . N0. Ilnrhdr Ar.01 fuJA/ Austin, Texas 78711 U12) 475-0380 1, PROItGT TITL[ AMC 011CRIRTION ' Step 3 protect for building and erecting a treatment works] expansion of existing wastewater treatmnt plant, and constructing new collector and interceptor sewer lines. I Pwaa r ar[r rlnrr! 1' nuRArlnN 3 rAOlt<t rcRleoro.l..1 4461Lr Ut101-00n+ltr.1 January 1980 to October 1981 January 1980 to October 1981 DOLLAR Al10u411 1OTAL PROJaCT Cots D D36 ~60.^^ lI t yVNt AMC JIM t flrr•K1nJA,10.$7LS 27.34 100 _ _ JV W fOTAL (LIaIKt CO/T[ IIWT'! 'll'r •I''IIItV t+.~OA IN aAL. (h.PA R.W+) J 10 0 60.00 fOTAL OUD[aT 010100 Cost, Twl1 AC t10N froa, r/,lla AU,VI M1PY11!! 17,01,1490-00 10. ACCOUN TINA OhfA I,. Arr\OrAl~r 609: CON 10106 NO, AC COUrri NO. OL 0[I l(1 AMW Nt CNAA - a[0 68X0103.8 AI E00087 8G1f1065005 t' 11 :105270345.00 At. 14 ►ATN[NT, NRTN00 r f1. PAY tit rNAret. oroAlf1 M Rab011. Arthrt7. [1P Cw1d! ~ L AOVANC(1 Iof AstIN 01(I4aVRILM[Nt City of Denton Getw[, 215 E. McKinrq Street [two AII0 RNT R[Dyt[t TO fi ry Go Lone Denton, Texas 76201 1 IRA Raw !100.144 Om f.16l 0600C11 904 ROAN 1f0010tlt[V. 4110 MICA 11 [ 101 rA0at10l1ft AND COA 00410 6100-11. .....i. o-0` .u f GRANT IOINTII CATION NO. C-481188-03-0 PART [I-APPROVED NUDCLT TAALt A • G•1ICT CLASS CATCGORY TOTAL A►PROVIO ALLOYIAIL[ (Aon•turr.rrvt llmr) e400411' 11 COST I PLR IONN II / 01INOL 1CNLri T! ITRAYEI. ° . EOVIPMINT 1. IV PP ~I If /,.ONTRACTu.L I, CONS4PVCTION 1 OTHER 0, to rAL OUItCT CIr AROE1 10, INOIPICT C0171+ RATE 1 tAs9 I' TOTAL (Rhone GrAntot Prdnd ",p + TOTAL APPROVED GRANT AMOUNT s TAOLt I • PROGRAM CLEMENT CLASSIFICATION ' iNon•]a4lnullon) I. 1. Ir 1, Ia. TOTAL IEh.rn GrsnUf % PsdorYl 7J I I. TOTAL APPROVED GRANT AMOUNT f TAeL[ C • PROGRAM CL[4[411' CLA111riCATIOP (Contlrucf1w) r,.k 1, ADMINiIr RATION EAPtNit 2,500.00 A PAWMINARY ARPSNIt 1 1 LAND ItRMCTVRIS. RIam T-O►.YIAV ` 1. APICHITICTURAL 1NEIkeZ N.rt AASIC PEES OTNLR ARCNITICTURAL 1N•INt1011N• oats S. PROJeCr INSPEC?ION Pats J 78.00 Indutti urvey 2,202.00 I.#l.••.F»M ~AYWMtNwrs Mpl4NIPlr►RN4..fIRlMt• 0 M n a _ Plan-of e. aAAre Lvw.reN AewMAA.. n III CONSTPVCfION AND PROJECT IMP40Ytmg%T I+, t4UIPMtN1 Ill MJClLLANSOUS t al Testln 25.000.00 f1. TOTAL ILtntA t IAa U} Il. tATIMATID INCOME (to 220tWO) 11. NET PROJICT AMOUNT 1n1 It III )11 s 9e K~., I1. Lt!!I INKLISIALC tACLUlIONI it If. ApOI CON}IN •tNCIt! t 7 a270.00 ~e A~ 7 u. TOTAL misrol Gr.nr11 roasts ! 1010361460.00 j le. TOTAL APPROVED OnAMT AMOUNT s 115211345.00 1 It .iT.' Y F °r r . 1 1Y r tjr r r ~f r ~ k EPA Pw11 1100-20A )RtY. 1.71) PAC[ 1 Sp6 i y 1`. prp~ ea r.e,~ ^-481188.03-0 PART III - GRANT CONDITIONS ' a. g}zrrat o ~n: The grantee covenants and agrees that it will expeditiously Wtiate and timely complete the project work for which assistance has been awarded under this giant, in accordance with ell applicable provisions of 40 CFR Chapter 1, Subpart B. The grantee warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives. will comply with: (1) all app@.able provisions of 40 CFR Chapter 1, Subchapter B, INCLUDING BUT NOT LIMITED JJ TO the provisions or ApperMix A to 40 CFR Part 30, and (2) any special conViunt: vi, forth in this grant agreement or any grant amendment pursuant to 40 CFR 30.42S. b. Special Conditions: 1. Payment Schedule The grantee will request payment monthly, except for final payment which will be request,; prior to final inspection of the project. At no time shall such requests exceed 1 he Federal share of the cost of construction incurred, plus the value of the eligible materials on hand, less retainage and the Federal share of incurred engineering and administrative costs. Grantee agrees to complete the construction tasks in accoradance with this schedule which has State Agency approval (35.917(d)(1)(2). Task C letion Date + onstruction c o er 1981 2. The grantee is responsible for making prom et aggent to its contractor j end will not hold Federal funds which can be paid ~o the contractor for work done on this grant and to retain only such amounts as may be justified by specific circumstances and provisions of this grant or the construction j contract. a. Retained amounts shall be limited, except where yyrester retention is necessary under specific circumstances speciftcally provided for in the construction contract, to the following Schedule: (1) Retention of up to 10 percent of payments claimed 1 f until construction is 50 percent complete; 1 1 (2) After construction is 50 percent complete, reduction of total retainage to 5 percent of ,ayments claimed, provided that the contractor is making satisfactory progress and thdre is co specific cause for greater withholding; (3 Ft!,en the project is substantially complote (operational or beneficial occupancy), the retained amount shall be further reduced a below 5 percent to only that amount necessary to assure completion of the contract work; . o (4} A can't bond or irrevocable letter of credit may be F accepted in lieu of 011 or part of the cash retainage under (2) or (3) above. 3 I t IPA Pwm 1100.104 +ea.. a.lll PAGI a or b a : r__.,........a w... ..r: m.......... s.,-...... ......m.......,.~>_, ~-M .+w a:.,.rws.xkO.Apl f i i OMNT NO. U C ENVIRONMENTAL PROTECTION AGENCY GRANS' AGREEMENT AMENDMENT CONTINUATION SHEET ~-4811$$• 03-0 b. The grantee agrees to report to the project officer and if due promptly credit to the Federal share no suchrinthis terestals earn Pdllan amount of any interest earned, or, imputed amount of interest atnthtoptheacontractor,ispunjustIfiably paid to the grantee , if payment s delayed by the grantee, its employees or representatives. co The gra.itee agrees to include appropriate p visiona i.Y each Step 3 construction contrast to implement this *om t ,ent requieement. 3. 'Ihe grant award is for 75 percent of a se Tent of a total project. In accepting this award, the grantee aa reto complete complete the ors treatmentruction of the operable treatment works (35,901) and ich the -is understands hand agreesothat theaFederal3Gove nmentnis nthe ot co-d. participate thin the e systemfunding of thehcompleteisystemt(35,935-1)~f the operable po 4. The grantee agrees to comply with the Public Participation Program regulations 40 CFR 251 40 CFR 35.917 as published in Federal Register, Vol. 440 No. 349 Part V and Part Vi, dated February 16, 1979. 5. The grantee agrees to abide by regulation 41 CFR 60•1.4(b) as it i pertains to the equal opportunity clause and as published in Federal Register, Vol. 43, No. 204, dated October 20, 1978. oitlayseforaeach tovidualpconstructionrovide EPA A/Eccontractfawardedtunderarterly th!s grant. The information required for each contract 1s as follows: a. EPA project ide,itificatlon (grant) number. b. Applicant name, j c. Contract identification (name or number)* d. Contract award date, e. Estimated contract completion date. j f. Total eligible contract amschedule (15>< EPA share) for g. Cumulative quarterly payment _J last quarter of current year and all of the following year. h. Other information as required by the Regional Administrator effective for contract management. This off co taut awardbanduwhenever actualsout~aysevary beyond -IN and time from the schedule. The grantee also agrees to review every contract later schedule each year and submit revisions, as necessary, . duly 1st. For any contracts not awarded within six months of grant award, the grantee will furnish a schedule of projected start and completion dates for each tontctcon The grantee ill als break dawn each payment lequ forms supplied by PAs page 4 of 6 t GAMT NO. Us. INVIAONMENTAI PAOMTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET C-481188-03-0 Tha grantee shall enact the User Charge or ad valorem tax rates and 7. the ordinance required under 40 CFR 35.929-2(e) after approval by the Environmental Protection Agency and before the treatment works being constructed are placed in operation. II~ _ The grantee shall enact the ordinance required under 40 CFR 35.928-1(h) and submit the ordinance and Industrial Cost Recovery System rates to the Environmental Protection Agency for approval of the ordinance before the treatment works are placed in operation. construction Protection Agenc requirement, B. The grantee logical finds agrees arto comply e uncovered t during Enviromental if archeo 96 The grantee agrees to fulfill the Minority Business Enterprise (MBE) participation commitments application In ac for dance with the documentation this grant, submitted with the 10.. No grant payments can be made until a Site Certificate, without exception, is received. i ` i j 4 i ~ t ~ I 4 Ppa of I, A C-481188-03-0 OPANT 106NTIFIc ATION N0. G V[CIAL rJ401T10NS ItGnt,n4ldt I PART IV NOTE, The Grant Agreement must be completed in duplicate and the Criginal returned to the Grants Adminislratio, Division for lleadqunrters grant swards and to the appropriate Grants Administration Office for state and local awards within 3 calendar w.ehs after receipt or within any Wellston of time -s may be granted by EPA. Receipt of a written rel•lsal or failure to itturn the properly executed document within the prescribed time, nuty result in the automatic withdrawal of the giant offer by the Agency. Any change to the Grant Agreement by the grantee sub- sequent to the document being signed by the EPA Grant Award WWII which the Grant Award Official detemtints to materially alter the Grant Agreement shall void the Giant Agreement. OFFER AMP ACCEPTANCE The United States of America, acting by mid through she U.S. Environmental Protection Agency (EPA), hereby offers a grantlamendment to the City of Denton for 76 %of all approved costs Incurred up to and not 6*ANTE9 01116AN,[ATION exceeding S 7 527.345.00 for the support of approved budget period effort described In application (lRrfadiag off GRANT AMOUNT pPf ~,,rrlr N„Ir rr,,lf y) _ City of Denton; C«481188.03.0, 07/05/79 included herein by reference. TIT69 AND D►Te J IsruINO OFF$CC (trran. A.hnlnr.droflw+ OfflcN AYAND APPROVAL, OFFICIL 1 ON[ANIa AT10N'ADO*[11 011MN11At10N rADOn[6[ Environmental Protection Agency) Region 6 Environmental Protection Agency, Region 6 Municipal Facilities Branch (6ANf4} First International Bldg. 1201 Elm Street 1201 Elm Street Dal s Texas 75210 Dallas, T WED STATES OF AMERICA aY THE u.s. INVIRONMENTA6 PROT[CTION ADENCY 1 ?Tnbl,s Uaa *Ape II V NAM% N IKnudson P,E., Director Water Di ision 1.24-80 Granenth subject to ap -able U.S. Environmental Protection Agency statutory provisions and giant regula• . to keepling this award or amendment and Iny payments made pursuant the eto, (I) the undersigned represents that duly mithorire d to act tan behalf u'the grantee organization, and (2) the grantee $Site$ (a) that the grant it subject to the apptkable pruvisions ur AO CFR Chuprer I, Subchapter Band of the provision of this agreement (Pasts I thru IV), and (b) that acceptance of any payments c'Irnstit utes an agreement by the payee that the amounts. If any, found by EPA to have been uverpuld will be IerurdeJ or erediteJ in full w EPA. 6T AMP ON IEHAF OF THI als1GNATIO GRANT11 OROANI IATION u6NATURa TY F[O NAM[ AND TITL[ A Robert E. Nelson, Director of Utilities { !/A Iirll 3700-20A IRir. (-TN OAO I 6 oUK" f 6 , r CG-43, Texas {Rev. ','13/79) PROPOSED CONSTRUCTIO!) ITEMS n De% NAME OF PROJECT City Of Dento;l PROJECT NO. _aAl1B9-03-0 I Miner verlations within an Item are to be expected and will not &Mam its eligibility. Any changes In the items, or subriantlal change within an hem, however, will be oonsldered ineligible unless reconsideration It specifically regiested and approved by the State Agency and the U. S. En4onmental Protection Agency. Eligible For EPA DESCRIPTION OF ITEMS Pertwoodon YES NO Construction of: I, Pecan Creek Wastewater Treatment Plant Expansion 1, Site Work 8 Fencing x k 2, Roads x 3. Administration Building x 4. Raw Sewage Pump Station 8 Dar screen x 5. Primary Clarifiers x 6. Aeration Tanks x 7. Final Clarifiers x 8, Tertiary filters and related appurtenances x 9, Chlorine Contact Tank x 10. Primary Sludge Thickeners x k Its Flotation Sluds9 Thickener x 121 Grit Removal Facilities x i 13. Improvement to Existing Digestor x 14. New Anaerobic Digestor 8 Facilities x 16, Blower Building 8 Equipment x 16, Sludge Drying Beds x { 17, outfall Line x 18, Instrumentation 8 Electrical Eqquipment x f 19. Related yard Piping for Plant Expansion 8 Improvements x F Its Pecan Creek Interceptor Relief Sewers I . Approximately 20,888 L.F. of Sewer Pipe x 2. Interconnections from new manholes to existing manholes x III. Audra Lane Sewers 1. Approximately 14,057 L.F. of Sewer Pipe x R 2. Manholes 8 Appurtenances x 3, Service Connections x I 4, Additional Service Connection Pipe X I . W"I 4 i i CITY OF DENTON $ MEMORANDUM TOi Mayor and Members of the City Council PROMS Bill Angelo, Administrative Assistant DATEt February 7, 1980 i SU9.;0CTi Agenda Item f3 - Building Lease As you know, we are currently negotiating with Monty Collins j concerning the leasing of office space at the Loop 288 Service Center, At the present time, we have been unable to nail down the final details of the lease agreement, however, we hope to have the final lease agreement completed by next Monday, This material will be hand-delivered to the Council as aeon as it is available, i 17 ~ 8f 11 Angelo ~ I' ~ a BAtjm f i. f ' y. .fir i FEBRUARY 12, 1980 CITY COUNCIL ITEM # SUBJECT: I Consider Executing Release of All Claims Against Enserch and Lone Star Gas Company as previous,.y Agreed to in November 1977 Gas Contract Settlement. f SUMMARY: On November 70 1977, the City of Denton entered into a new Gas Sales Contract with Lone Star Gas Company. At the same time, the City terminated previous gas contracts, released Delhi Gas Company from all claims, entered into a Transfer Gas Agreement with Lone Star and the other member cities of TMPA and entered into a "Contingent Settlement Agreement" with Lone Star agreeing to drop all previous claims. The Contingent Settlement Agreement, however, was tied to a satisfactory ruling from the Railroad Commission. The Railroad Commission granted a favorable ruling in late 1978 and approved the gas contract, However, no action had been j taken to formally release Lone Star from all, claims. 1 The attached document entitled, "Joint and Mutual Release", completes the release requirements listed in the Contingent Settlement Agreement. Additionally, it releases the cities from claims made by Lone Star for back payments Lone Star made to gas producers (Texaco and Greenbriar) for gas delivered prior to April 1977, the effective date of the 1977 Gas Sales Contract. FISCAL SUMMARY: No Immediate financial effect determinable. 4 ACTION REOUIPED: City Council approval or disapproval of the Mutual Release. ALTERNATIVESs 1. Approve Release: This would clear up all pending litigation between Denton and Lone Star Gas Company. 2. Disapprove Release. I . ..........._.f...,....~.~...,.....,.,.... _,...~....-,.....u............w ++r+.r IYltlbiVVl6ffildH V It STAFF RECOMMENDATIONt The Public Utility Board at their February S, 1480, meeting recommended approval of subject Joint and Mutua). Release. I ~ r r 1 { R. E. Nelson Director of Utilities s i r EXHIBITS: I Letter from Hilton Howell II Joint and Mutual Release lir 1977 Contingent Settlement Agreement i ~ r I ,k { t r MAID I I NAMAN, HOWELL, SMITH, LEE & MuLOROW WR/ORO V.MAN AN TON (YITX A►1101 LtiIONAI COLrO RA}ION HI pNl•INr ITQN X.XOWLIL J.RooX CT LLL ATTORN [Y5 AT LAW NIVON CNOWJtL Louis s. N11L011POW ,wT•I►sr ALL. AN DLR X. MAW 1 [ LA! G[N1 [ R 11 a uT 01'C"'1101 AANL X. NU\\ALD LLR tw NITAALR NINTH ANO WASHINGTON LOT L. \A RR t1T 4AR R, 0. \1110, P1. 0. !0>t 1170 01000XL \t wttl[T J. ARN \LC ROt CNA wI LLIAA J. \O7W LLL CNAR L's R. 11AR00V WAGO,T[%AS 70702 "0111101 4. tLRR N.. JtRR, A. QXA\LLL 017 7!1.1121 eA"..LIT: February 2, 1980 \(DRtI LL4RI4T, JR. \UL 4010.101,\010 M .1 N. MAC', JOm% HN T T. NAWRIN N,JA. LICHARO L. tR00 J. POAt 0.4wANN.L J. rRA A I tL,J \VLA6V LI 1ARV4 Mill ll X. JON(! r Mr. Clint Adams Legal Department Lone Star Gas Company r 301 South Harwood Street Dallas, Texas 75201 1 Dear Mr. Adams: j In accordance with our recent telephone conversation, I enclose two copies of release for execution by Enserch and Lone Star and by the four cities of Bryan, Denton# Garland and Greenville. The first page of the release is identical to the proposed release I sent to you with my letter of December 15, 1978, prior to questions that arose about the Texaco and Greenbriar settlements. Provisions were added to the second 'page to clarify that adjustments, including those attributable to those settlements, are released under the superseded contracts, but that no claims are released by this instrument under present contracts. Provision was also added for execution in multiple counterparts. One copy of the release enclosed is intended for execution by Enserch and Lane Star, and return to me. The second copy is for r your file. j Duplicates of the release are being sent to each of the four cities for their execution. When a single original of the release 4 has been executed by all parties and returned to me, I will provide each party a copy of the release, with a copy of all execution pages attached, reflecting execution by all parties. I will retain the ! executed original counterparts in my file. I trust that is a satis- factory way of securing the execution by all parties and providing all parties with a signed copy of the executed document. The execution of multiple counterparts was proposed by the City Attorneys to expedite completion of this long-delayed settlement and to avoid having to circulate to each party a single execution document. + 'I F .ua+:uoraaxl»L WYL©L13~'~ ri I f Mr. Clint Adams -2- February 2, 1980 Enclosed also are agreed orders of dismissal for the three pending lawsuits. The Bryan suit may already have been dismissed. The Greenville auiu is subject to a docket call on February 4. If you would sign the original and copies of the orders and return them h to me, I will forward them to the appropriate courts for signature and furnish a copy to all parties of the order when entered. Because of the imminence of the docket call in the Greenville suit, I have advised the Judge of our settlement and that an order of dismissal will be forthcoming. Very truly yours, KAMAN, HOWELL, SMITH, LEE & MULDROW BYt Hilton H.'Howell HHHtmm Enclosure cot Mr. C. J. Taylor, City Attorney, Denton, Texas cot Mr. Pete Eckert, City Attorney, Garland# Texas cot *r. Charles Eluntser, City Attorneys Bryan, Texas cot Ms. Debra Adami, City Attorney, Greenville, Texas cct Mr. Robert Nelson, Utilities Director, Denton, Texas cot Mr. Bob Corder, Electrical Utility Administrator, Garland, Texas cot Hr. Gailord White, Utility Director, Bryan, Texas cot Mr. Sill Reuthinger, Director of Electrical Utilities, Greenville, Texas i ; i i 'E 1 i 1 .,..nw+4v,Mpyq*. ~r 1 YVIRI.`~ 1lII~ /7 ' 1 JOINT AND MUTUAL RELEASE WHEREAS, contingent settlement agreement was executed on November 71 1977 by Lone Star Gas Company (Lone Star); the Cities of Denton, Bryan, Greenville and Garlands Delhi Gas Pipeline corporation and Brazos Electric Power Cooperative, Inca WHEREAS, said contingent settlement agreement was contingent, and not final, until the Railroad Commission of Texas granted an exception to certain provisions of its order, as amended, in G.U.D. 6001 14HEREASo the exception contemplated by said contingent settlement agreement was granted by the Railroad Commission of Texas by order issued October 30, 1978 under Docket Nos. 1468, 1482 and 1483, consolidated; and WHEREAS, under the provisions of paragraph 3(c) and paragraph 4(b) of said contingent settlement agreement, when such exception was granted by the Railro>.d Commission of Texas, Lone Star and the Cities of Denton► Bryan, Greenville and Garland agreed and obligated themselves to execute a joint and mutual release; NOW, THEREFORE, for and in consideration of the premlies and in accordance with the provisions in paragraph 3(c) and paragraph 4(b) of said contingent settlement agreement described above executed on November 7, 1977, Lnserch Corporation and Lone Star Gas Company, a division of Enserch Corporation, on the one hand, and each of the Cities of Denton► Garland, Bryan and Greenville, on the other hand, s jointly and mutually releases the other of and from all claims and a disputes between Enserch Corporation (and its division Lone Star 1 1a i 1 I Gas Company) and the said four Cities growing out of or related to i gas sales contracts and any gas exchange contracts between said parties which were in existence at the time of execution of said contingent settlement agreement on November 7, 1977, and specifically releasing the said four Cities from all claims for adjustments f (including adjustments billed attributable to the Texaco and Greenbrier Ik settlements) tinder said contracts. (This release does not release or dischargc any claims of Lone Star against any of the four cities which arise under gas dales contracts executed on November 7, 1977 effective as of midnight, March 31, 1977, for sale and purchase of gas subsequent to that date, which contracts superseded and replaced prior gas sales . t contracts under which all claims are released by this release.) Further IE as contemplated by said contingent settlement agreement, the three pending lawsuits described therein shall be dismissed with prejudice. j IN WITNESS WHEREOF this joint and mutual release, consisting of I a total of six (6) pages, including a separate execution page for each of the four Cities, is executed by each party in counterparts and, upon execution by all parties, such executed counterparts shall con- statute one executed original release effective and 5inding all parties. EXECUTED by Enserch Corporation and its Division, Lone Star Gas I Company this day of 1980. ENSERCH CORPOkATION AND ITS DIVISION, ATTESTS LANE STAR GAS COMPANY by Assistant Corporate I Secreta.y 1 i -2- t ' i ON CISE~ f EXECUTED by City of Denton, Texas thie day of F 1980. ATTESTt CITY OF DENTON, TEXAS HY► City Secretary Mayor r I 1 { /11 4 This constitutor page 3 of Joint and Mutual Release executed in multiple counterparts by Enserch Corporation and its pivisioa$ tone star Gas Company, City of Denton, City of Garland► City of Etyan and City of Greenville under terias of contingent settlement agreement executed by said parties on November 7, 1977, t a _,.,v.._.._ .._-_r.-......e..~....~..,..>...r_,..r-, r-. va.-..... .n • ~ d~ ExECUTED by City of Garland, Texas this _ day of 1980. ATTESTi CITY OF GARLAND, TEXAS BYt C ty ecretary ayor i j I E i This constitutes page 4 of Joint and Mutual Release executed in multiple Dent Of counterparts by Eo CCity ofiGarland$ CityvOfiBryan and SCitya Compan, City of Denton n, Y Greewyyills under terms of contingent settlement agreement executed by said parties on November 7, 19774 -4" i 4 . r i a h f X, EXECUTED by City of Bryan, Texas this day of 1980. ATTEST: CITY OF BRYAN, TEXAS i BY: ~ ~I ty Secretary Mayor i, i ' i i I . t J This constitutes page S of Joint and Mutual Release executed in multiple j Countbrparts by Enserch corporation and its Division, Lone Star das I Companyy, City of Denton, City of Garland, City of Bryan and City of. ; Ureenvills under terms of contingent settlement agreement exsouted by i said partite on ltovember 70 1977. y R,a V I I j of EXECUTED by City of Greenville$ Texaa this 1980. - day ATTESTS CITY OF GREENVILLE, TEXAS C ty Secretary 8Y: Mayor 1 i 1 1 i This constitutes page voUnte 6 of doolrnt and HUtua1 Releaso executed in multiple yyerprparte by Rnaarch Corpation end its Division, Lone Star Gas Of D*n Greenvilleiunder termsnofCcontingentlsettlementoagreementnexecuted fby said parties on November 7, 1977. , f 7 CON GENT SETTLEMENT AGREEMENT WHEREAS, there exist three (3) lawsuits and various disputes between Lone Star Gas Company (Lono Star), and the Cities of Denton, Garland, Bryan, and Greenville (the Cities); and WHEREAS, it is the intention of Lone Star and the Cities to settle all disputes and controversies between themselves by entering i into new gas sales contracts for the Cities' electric generating plants and by entering into certain agreements duacribed in 'Item 1(f) f and Item 1(g) with Delhi Gas Pipeline Corporation (Delhi) and-Brazos Electric Power Cooperative, Inc. (Brazos)i and WHEREAS, it is the intention of Delhi to enter such an agreement, with Lone Star and the intention of Delhi and Brazos to enter such an i agreement with th4 Citiest and WHEREAS, said parties desire that all such agreements shall be ,contingent, and not final, until the Texas Railroad Commission grants an exception to certain provisions of its Order, as amended, in O.U.D. b00# NOW, THEREFORE, Lone Star, Delhi, Brazos, and the Cities agree as follower 1, When, and only when, all of the subject contracts listed below have been executed by all of the parties thereto, each of said i contracts shall become effective as of the date specified in the E contract or as of the date of the contract, if a specific effective date is not specified in the contract, subject to being rescinded , under the conditions specified in Paragraph 2 hereof, The subject _ r contracts are as follows: ^ (a) Modified gas sales contract between Lone Star and the City of Bryan, Texas. (b) Modified gas sales contract between Lone Star and the City of Denton, Texas. (a) Modified gas sales contract between Lone Star and the City of Garland, Texas. (d) Modified gas sales contract between Lone Star and the City of Greenville, Texas. (e) Transfer of Gas Agreement between Lone Star and the cities. (f) Agreement of Termination and General Release between Delhi, Brazos and the Cities. (g) Gas Exchange Agreement between Lone Star and Delhi. The gas purchased by the Cities from Delhi subsequent to April 11 19770 the effective date of the modified gas sales contracts,, described in items 1(a),through 1(d), shall not be included in Cities' fuel Requirements under Article I of the qas sales contracts and shall be treated as in the past. 2, The Cities shall apply for and obtain from the Texas Rail- road Commission, with the cooperation of Lone Star, Bravos and Delhi, an exception to any provision or provisions of said Grdor in G.U.D. 600 that is needed to keep the provisions of the above de- scribed contracts described in Items 1(a) through i(a) from violating I tha provisions of said order in O,U.D, 600, If the Cities are unab:e to obtain such an exception from the Texas Railroad Commission, then the Cities shall so notify in writing each of the other parties ~e r2r 5 Y f i to the above described contracts and all of the above described contracts and this agreement shall be rescinded and held for naught to all extents and degrees necessary to place the parties hereto in their original positions as if the above described contracts and this agreement had not been entered and all prior contracts and contract rights and all prior claims and disputes automatically shall be restored as if the above described contracts and this agreement had not been entered. In the event the above described contracts and this agreement are rescinded, the parties, as soon as reasonably possible, shall refund gas or cash, as the case may be, between themselves in order to make the necessary adjustments to • place each party back in its original position. 3. Lone Star, in the event all of the subject contracts listed above have been executed by all of the parties, shalls (a) Within thirty days after all parties have executed this agreement, refund to the City of Denton, the City of Garland and the City of Greenville the amount of "take-or- pay" payments made by those Cities to Lone Star for gas not t taken for the calendar years 1975 and 1976. (b) Continue to prosecute to completion and connection the j pipeline to the City of Bryan Dansby Plant, as contem- plated under the terms and provisions of the Interlocutory Settlement: Agreement entered relative to Cause No. 21059 in the 8th Judicial District Court of Brazos County, I Texas', styled City of Bryan v. Enserch Coloration, at Lone Star's expense and, within thirty days after all parties hr,ve executed this agreement, refund to the City 3- - f Of Bryan the amount of the "surcharge" paid by the City of Bryan to Lone Star. (c) When the Texas Railroad Commission has granted the excep- tion to certain provisions of its Order in O.O.D. 600 as contemplated in Paragraph 2 hereof, shall execute a joint and mutual release of all claims and disputes between Lone Star and the Cities growing out of or related to its now existing gas sales contracts and any gas exchange contracts with the Cities. 4. The Cities, in the event all of the subject contracts listed above have been executed by all of the parties, shall: (a) Within thirty days after all parties have executed this agreement, pay to Lone Star the respective sums necessary to make the above described gas soles contracts and the prices provided therein effective April 1, 1977, after , giving full credit, for the prices paid to Lone Star by the ti Cities under prior contracts during the period subsequent to April 1, 1977, excluding the amounts to be refunded pursuant to Paragraph 3 hereof. Provided, however, each City shall have the privilege, in the event the monies payable by it to Lone Star under this Paragraph 4 exceeds f the refund payable to it under Paragraph 3 hereof to spread such excess to be paid to Lone Star in equal monthly pay- E Monts over a period of months (including a partial month as I, a whole month) passing between April 11 19771 and the date -4- ° i I when all parties have executed this ,Agreementr commencing with the month fo U vying the month in which all parties have signed this agret.nent., Provided further, however, the City of Garland shall have the additional privilege and option, exercisable at its discretion, in the event the monies payable by it to Lone Star under this Paragraph 4 exceeds the refund payable to it under Paragraph 3 hereof, to spread such excess to be paid to Lone Star in equal monthly payments over a period of eight months, rather than the period specified in the preceding proviso, com- { mencing with the month following the month in which all parties have signed this agreement. (b) When the 'texas Railroad Commission has granted the excep- tion to certain provisions of its order in O.U,D. 600 as contemplated in Paragraph 2 hereof, shall execute a joint and mutual release of all claims and diseutee between the rte. Cities and Lone star growing out of or -elated to their now existing gas sales contracts and any gas exchange contracts i , i with Lone Star, and shall dismiss the three lawsuits i related to some of such contracts existing between three of the Cities and Lone Star with prejudice to refiling of j i ! i game, F 1 E ~ k, IN WITNESS WHEREOF$ this Agreement has been executed in multiple originals by the parties hereto on this 2tl%- day of 11t UP~4►~'_, 1977. ATT STt LONE STAR GAS COMPANY Qpad) tn As i a t orporato Secretary Vtc President "LONE STAR" ' ATTEST. CITY OF DENTONO TEXAS -L~ B ty Secretary Mayor i - ATTESTI CITY,OF DRYAN, TEXAS City creta y Sy atayor .t ATTESTI CITY OF GREENMLEj TEXAS E city Secretary mayor i r ATTESTI CITY OF GARLAND, TEXAS /ell BY tyor i3 y ~ t "CITIES" I -6- t F i t 's .......y wM.n.4LLWi~4'tXM1'41M.`V:MIILK'4.rtltMAANw..1./ti•Wwr. •.w••• ••••y M Y 1 ATTEST: DELHI GAS PIPELINE CORPORATION By Assistant Corpora Secretary EXeCutiveNV-ice President "DELHI" ATTESTi BRAZOS ELECTRIC POWER COOPERATIVE, INC. J, /1 By Secretary Genera Manager "BRAZOS" t i i' i