HomeMy WebLinkAbout07-22-1980
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AGENDA
CITY COUNCIL OF THE C;TV OF DENTON
July 22, 1980
5 ecial .filled Meeting of thO City Council of th City of Denton
a 5100 P.M., Tuesday, July 22► 1980 in the City Manager's
Corference Room of the Municipal Building at which the following
items of business will be considered.
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1. Executive Session
A. Legal Matters - Under Sec. 2(e), Art. 6252-17 V.A.T.S.
a. Real Estate - Under Sec. 2(f), Art. 6252-17 V,A.T.B. a
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C. Personnel - Under Sec. 2(91, Art. 6252-17 V,A,T.B, F
n. Board Appointments - Under Sec. 2(g), Art, 6256-17
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V.A.T.B,
2. Consider Board Appointments
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AGENDA
CITY COUNCIL OF THE CITY OF DENTON
July 22, 1980
BROADCAST LIVE ON KNTU RADIO, 88.5 F.M.
Special Called Meeting of the City Council of the City of Denton
at 710 P.M., Tuesday, July 22, 1980 in the Council Chambers of
the Municipal Building at which the following items of business
will be considered.
1. A unicipal Housing Finance
A. Status Report on the City of Denton Municipal Housing
Finance Corporation.
Be Resolution submitted by the Denton County Housing
Finan.-a Corporation.
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2. Appearance by Dusty Schneider. y
3. Award or Rejection of bids for the disposal of excess City `
property. (Vann Redman)
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4. Appearance by xepres3ntatives of the Downtown Merchants 1
Assooiation.
5. Reconsideration of the contract with the Lions Club for
the operation of concessions at Hack Park North.
6. Approval of a contract with the Denton Housing Authority
to administer the Community Development Block Grant s
housing rehabilitation program.
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7. Resolutions
A. Approval of a resolution authorizing the City Minager
to submit a joint application for a time extension
for the Aubrey Reservoir Project,
Be Approval of a resolution approving the sale of bonds
by the North Texas Higher Education Authority.
Be Approval of a contract with Rady and Associates for
construction of the McKinney Street Bridge.
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City Council 'agenda
July 22, 198r,
Page Two
9. Ratification of Emergency Purchase order 044305 to Millard
Heath and Company to replace the Air Conditioning
Compressor at Central Fire Station,
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10. Executive Sessiono r
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A. Legal Matters - Ui.der Sec, 2(e), Art. 6252-17 V.A.T,S.
H. Real Estate - Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. PErso:,nel - Under Sec. 2(g), Art. 6252-17 V.A.T.S.
D. Board Appointments - Under Sec. 2(g), Art, 6256-17
V,A.T,S,
11. Consider Board Appointments
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DENTON COUNTY HOUSING 'INANCE CORPORATION
612 Joseph A. Carroll Courts Building
401 West Hickory
Denton, Texas 76201
July 15, 1980
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Honorable Chris Hartung
City Manager, City of Denton
215 East McKinney Street
Denton, Texas 76201
Dear Chr1ss +
This letter is to inform you that the Denton
County Housing Finance Corporation is scheduled to f
set the amount of its bond issue on July 280 1990.
I have previously informed you that the City
of Denton has not been included in our mortgage '
demand study since you are planning to issue bonds
for tht same purpose through tha City of Denton
Housing Finance Corporation.
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If the City Council wants the City of Denton
to bo included in the geographical area which
qualifies for the low interest loans which will be
made as a result of the bond issue, it must pass the 3
attached Resolution in time for us to increase the
size of the bond issue substa*tially. If the City
Council does not want the Denton County Housing
f Financo Corporation to grant such financial assistance
within the city limits of Denton, we would also
appreciate a Resolution to that effect. f
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Very truly yours,
DENTON COUNTY HuU8IN0
FINANCE CORPORATION
D y erry P settle
I &awfo-,41
JJC1ig
Certified Nail
Roturn Receipt Requested
Deliver to Addressee Only x
Enclosure
A RESOLUTION by the City Council of the City of Denton,
Texas, relating to the Denton County Housing
Finance Corporations approving the exercise of
the powers of that Corporation within the corpor-
ate limits of the City of Denton, Texass and pro-
viding nn effective date,
$11JEREAS, the Denton County Housing Finance corporation, a
non-profit corporation created under and pursuant to the "Texas
Iloujing Finance Corporations Act," has been organized with the
approval and consent of Denton County, Texas, to provide a means
of financing the costs of residential ownership and development
that will provide decent, safe, and sanitary housing for the
residents of Denton County, Texas, at affordable prices; and
WHEREAS, the said Corporation plans to provide financial
assistance with respect to the purchase, improvement, and con-
atructior of homes located withir tha City of Denton, Texas, if
approval tboreof required by the aforesaid Act is given by the
City Council; and
WHEREAS, the City Council hereby finds and determines ,:hat
It would be in the best interest of the City and its inhabitants
for said Corporation to provide financial assirtanco with respect V
to homes located within the corporate limits of the City; now,
therefore,
BE IT RESOLVED BY TIX CITY COUNCIL OF THE CITY OF DENTON$
TEXAS:
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SECTION 1: That approval hereby ,
the Denton Count Housing Finance Cororat,vnnto provide and granted to
assistance with respect to purchasing# impro in financial
ing homes located within the corporate limitb if~thedCitysofLot-
Denton, Texas,
SECTION 2: Nothing herein shall be constru I to be a waiver
of any-5L3 cog code requirements or standards
homes located within thA city in connection withrtherapproval
herein granted to said Corporation.
SECTION 3: This resolution bhall be effective from and after
i its passagq, and it is so resolved.
PASSED AND APPROVED, this the day of
1980.
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Mayor, City o Denton, Texas
A.TEST:
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C ty Secretary, C ty off-"-""
Denton, Texas
(City goal)
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July 22, 1980 ~
CITY COUNCIL AGENDA ITEM I
SUBJECT:
Consider Sale of 1/2 Acre of Water Department Property Near
Willow Springs Road on Dallas Drive.
SUMMARY:
i Dr. Redman, owner of the property and building improvements
located at the northeastern corner of the intersection of
Dallas Drive and Willow Springs Road, has submitted a bid to i
s purchase subject 1/2 acre tract of Water Department
property. This property was purchased by the Water
Department in the 1940's fur use as a well site. A test well
j j was drilled there, but the site proved to be .inadequate for a
well; therefore, the Utility Staff has expressed that the
property can be declared surplus. L
The City Attorney's office had an appraiser give a
preliminary opinion as to the value of the pro arty. A
single bid for the property was received which was
approximately one-half the price determined by the
t preliminary opinion. The Public Utility Board reviewed this
and rejected the bid because of the low bid price.
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Exhibit I Map
g Exhibit II Appraisal
Exhibit Bid
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1' f' 111111 / , , ~.S, ~:}~j i • ~ 1
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C{'f Y OF GE'NYON, t XAS
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Hinsloy, CPA l h''
Suite 6J7
First State Bank Bldg.
Denton, TX 76102
March 79, J990
Mr, Bart R. solomons
Ars!stant City Attorney
City of Denton
Municipal Building
Drroton, TX 76701
Re: 77,500 square feet (.5165 ac.) located in the Hiram Survey, Abstract no.
6260 City of Denton, Denton County, Texas (legal description atteched)
Dear biri
In accordance with your request and authorization 1 personally inpsected the
3be,io referenced property on March 25, 1930 and developed the fol--owing pre-
liminary value conclusions regarding same as of said date.
No responsibility is assumed for matters which are legal in nature,-but bince
the atutting electrical transmission line easement you referenced as the means
of 'ngfcss and egress to the property Is interpreted to L9 an illegal means
.~f gaining access to the property as said easement Is assured to convey the right
of ingress and egress solely to toe power company for tho right of maintalniny
the electrical transmission lino thereon, and does not include the right of
ingress and egress to the general public or the City of Denton for gaining
access to the a wee referenced property. Therefore the property is assume! to
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be land locket and the City of Denton would have to negotiate or cor+danua a right- y
of-wav easement fnorder to provide access and any resulting utility o:: use which
would create marketability of the property. This preris of location requiring 1
an Ingress and egress easement should not be construed to ba a legal opionion,
but is as assumption necessary to establish the location factor of the subject
In the competing market. j
It should be clearly understood that this letter and attachments corstitutes
only a preliminary opinion and should not be construed as an appraisal. I
have made a preliminary study of the subject property after personal inspection
and s preliminary study of the immediate area and market in which the property
would have been competing In as.of the date of inspection had t
g he ProPerty been
offcrrd for sale. Based on the definition of market value attached and the above ,
premis of the subject's location the preliminary study indicates that the subject
property has no market value to the typical .purchaser in the market as the typical
purchaser has no financial feasible remedy to cure the land lockod situation of g
the property, based on the premise that the purpose of the study is to estimate
a range of fair market value. Since the use of the study is to estimate a value
at which the property could be conveyed to the adjacent property owner which
would be equitablb ~a both parties involved the study was expanded to estimate
a range of the contributory value of the property to the adlicont property owner.
Cr,sfderirg all pertinent available data the contributory value of the property
t.e tke, adjacent property ownerA s estimated at $2,500 to $2,000. This contribuJ
tort' value range must not be confused with m.yrket value of the property by and In a
iesalf nor with a value in use to the City of Denton which is considered negligible
mill. The primary vrlue in use to tr^ City of Denton could be considered to d
1,"0 to S4,000 lr thy "cost to care" the subject's accessability problemf
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which results in the negligible value in use estimate for the City of Denton As the
cost to provide a right of ingress -egress easement to the subject is estfma:ed to
exceed the value in use of the subject. Since the subject Is estimated M have
a market value and a value in use which Is considered negligible or nill and
naxIman contributory of the vAlue to
property t Is nail to adjacent property The owner $2,000 maximum hvaluege
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estimate is based on the premis that It the adjacent property owner sold the sub-
ject property in conjunction with the sale of his adjacent property that said
property could sell for as much as $71000 more than It cdould if it did not In-
clude the subject property. This contributory value could vary significantly de-
pending upon the circumstances of such a hypothetical sale. Since tho contri-
butory valur estimate of the subject is prediciatod upon this fact and the fact
that the adjacent property owner has a marketable property without the Inclusion
of the subject property his need or value In use of the subject property is
negllgibler thus, there Is no undue stimuli or need to purchase the subject
property for any additional or increased market bility of this he present oldinthe
of property adjacent to ►h- s,ibject property. only value of
subject property is considered to bo a nuisance value to the adjacent property
due to its condition and location in reJatton to his adjacent property. I
recommend that a value of at least an amount equ,il to total deposition costs,
1.e, survey, title policy, deeds, and other associated cost, be placed on the
propertu as a subjective value ir.arder that the City of Denton my dispose ftthe
property at no expense to the City inorder the property may placed on tho x
rolls and thus generate some revenue for the City, which it is not doing at this
` time. Such a subjective value probably should not exceed the $2,090 maximum
f contributory value estimate as the adjacent property owner probably would not have
any incentive to purchase the subject property. Deposition costs are estimated
at about $6000 thus the ranyo of value estimates is $600 to $1,0900 which should
reflect an amount which is equitable to the City of Denton and the adjacent property ;
owner. This valuo should not be construed to be an estimate of market value, nor
should this letter and attachments be const•ued as an appraisal. This letter is
a preliminary opinion of a value of the aboo-~ referenced property at which
transference of a fee simple title would be eq-.Atable to the principals of such
a transaction.
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This letter of opinion has bsen prepared in conformity with the appropriate state
laws, regulations, policies and procedurosr and In conformity with the rules of
professional standards and code of ethics of the American Society of Farm Managers
and Rural Appraisers, the Society of Real Estate Appra/sers, the American Right-of.
Way Associatlon, the Association of Covernmen"al Appraisers, and the National
Association of Reveiw Appraisers. It should be clearly understood that an appraisal
was not made and that this letter is a preliminary opinion of the above-referenced
property. i
I hereby certify that I have no present nor contemplated Interest in,any of the
abovo-referenced property and that my value conclusions are not biased with respect
to the subject matter or the parties Involved nor Is the amount of the fee contingent
upon reporting predetermined values. I eertlfy that, to the best of my knowledge.
and belief that statements of fact contained In this letter are true and correct.,
Ru9pectfully submittedr a
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QUALIFICATIONS {
JAMES A. 11INSLEY, CRA
EXYERIENCEt
Over (A) years experience as professional appraiser and rvaea-l
estatu broker. Previous experience includost U.S,D.A,,
A.S.C.S. and S.C.S.; w.a.e., student trainee, Soil Conser
tionist, GS9 Engineering Authority; Assistant to Professor of
Statistical Inference at Texas Tech University; Co-op Research
Assistant with Texas AkM University; Field Appraiser for
General Lnnd Office of the State of Toxas; Professional Member
American Society of Form Managers and Rural Appraisers; Asso-
ciato Member, Society of Real Estate Appraisera; American
Right-o£-Way Association; Certified Review Appraiser, National
Association o.f Review Appratsers; Nation►i Registry of Profes-
sional Agricultural Economistj Qualified Expert Witnesst
Commissioners' Court, Denton County, Texas; 95th District Court,
Court, Dallas, Texas; District Denton, Court, Dallas,,Toxas.
EDUCATIONt r
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1. Received Bachelor of Science Degree in Agricultural
Economics from Texas Technological College.
2. Thirteen hours of graduate courses in Agricultural
' Economics, Texas Tech University.
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3. Real Estate Law graduate course, Tarloton State University.
4. Attended and successfully completed the following couraest
a. United States Department of Agriculture Certificate of
Training,
b. General Land Office of the State of Texas Introductory
Training Course,
E e. Real Estate Appraisal I-A, basic Principles, Methods
? and Techniques, American Institute of Real Estate
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d, CourseaIII# Eminent Domain, American Society of
Farm Managers and Rural Appraisers.
e, Shopping Center Seminar, American Institute of
Real Estate ,1ppraisert.
f. Report Writing Seminar, American Institute of Real
Estate Appraisers.
g. Condominium Appraising Sem!rn;, Society of Real
Estate Appraisers.
h. Capitalization Work Shop, American Institute of
Real Estate Appraisers.
i. R-2 Exam, Society of Real Estate Appraisers.
FNMA-F11LMC Appraisal Seminar, National Association of
Independent Fee Appraisers.
k. Uses of Ellwood Analysis-Workshopj American Institute ,
Real Estate EthicsofProfessional Appraisers,
m. Apartment Appraising Seminar, SREASominar, SREA
n. Principles of Income Property 201, SREA
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.FY-JTRF\CEs
Aco o+urt.tot:
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( la,i 11~nttnr,cry, 5k,tttrnory & Wright
~ncti-`~-s inst,
City of Denton
it t„rru~_s~ City of Frisco
lei? 1'a
1fi1n, iL')urr, Gtu1p & Fold (bap, Denton C of Engineers
ounty
F.;tther', Kessler & Dt)(1glrjj5 Fed, Aviation G(bn.
`;krlx,r'•, Fit-lgerald & Winston Lone Stier Gas
l'i•iletier, Dicken8 & A'cntscm
Clark, 'Best, Keller, Sanders & t3utler (krr rations:
Ar drews
it<cntnr: Cannerical Credit Wrtgage InSurance Cb.
Wboiruff, rostol Wren & Sit,ipson . lloy'eo 't'ransfer
Oun ison :
C!tiss, 771onpson & Erects Federal Land (lank
Fed, National Mortgage Association
Wnton: First National Leasing & Financial
Ja:rk's Blanton Gould '
I Jonita Lbrchardt J,E. Casa (b,: Tennaoo Corp, i
11•11,cly rurke National Fw*n Life Instirance CYr.
(blEntnn, Phillips, White & Davidge 3-Jf
Griffin, Shelton & Fmx, ?Ceitvc
George Hopkins
Tcn Jester Government A enctes
Kclsel', Wood Gregory ?c fiv4cs My lien
L.A. Nelson City of Dow-le
Ann Pcrtibll City of Denton
Roger ShIprran City of Frisco
llervir Waagu City of Little Elm
r City of Alcl(inney
F. Pte': Fed, A,iatlon Adm,
Sate, 11,1180, nlrrhall & Feville Fed• Corp. of Engineer
tort li'orcn: Fed. Housing and Urban DBY~t?oixnent {
1 l.a,v, Smuard, Eiavun & Cti+rrl~ill Fed, Internal Revenue Service J
Fed. Justice Dopartwmt
Ew,eisvi]Je: Fed, &MII Ilu9i1ress Adm.
]tr,n 4an7rura Fed. Veterans &h. !
'.IcKi nne ?
i y Sayings & Lcros
A!~erirathy & Grr Denton Sa ivv r~" gs Association
Lbyd te;glc! & Gay First, Savinge & Lain, 1lcdnney
►'ttnk: Foster Financial Actg. Co.
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M-1 las; GIt•nn-Justine Rig, (o. s
First A'atlonal Bank Grinnan Mtg. Co, t
il,y)ufilic National Bank North Texas :Savings & Lout lkhtol, j
rk:nton; Town do Country Savings & I,t Mainney
First Ccnton National Dank State of Texas
FitNt State flank Generiff-IZ Offices r
1'niverylty Slate Bank Texas Higlnvay Ikxtrtrrrnt i
airs Worth:
Purr. Worth National ]kink Utilities
1-c'xt5viIle: Drazos EIoctrit; t
E,.avi5v11]e tional flank Explorer Pipoline ;
First City i.r,t Lone Star Gas
P )MO: Texas Ptrttt+r Rc Light
F1rvt National Rank
j ko Ilrtllas:
1Aku Citles State flank
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nA Against: '
Condcmne
C n~ %kiittgcrnery, 1Rpitinniery & Wright City of Aenton
City of Frisco
1t tcum r' Corp. of Engineers
lkil la - itenton County
Akin, H,lucr, Gwip & Feld red, Aviation Ache.
Froth-v' Kessler & lkwlns Lone Star Gnus
%hon, Fitigerald & Winston
Pelletier, Dickens & Ne«scm Cb_porations:
Clark, '.test, Keller, Sandere & Butler Udreim
Ikcautr: Con wrionl Credit bIortgage Infuranco Co.
W' •,ctruff, , Fostel, Wron & SiL ipson . khiployeo Transfer
i FS13
[knison: Federal ],nnd Dank
LU%s, Thalpson & Fmels Fed, National Mortgage Association
First National Leasing & Financial
Denton: Gould
Jm s Blanton J.E, Case Cu.: Tennaco Corp..
Jonita. Borchardt National Fain Life Inswance Co,
Barely Durke 3_%1
Colemin, Phillips, Ubite & Dovidge Xerox
Griffin, Shelton & Duns
C,eorge Hopkins Goverrurent Agencies
Tun Jester City of T11en
Kelsey, Wood, Gregor j & Bmik City of Dowto
L,A, Nelson City of Denton
Ann Pmell City of Frisco
Roger Shipuan city of Little Elm
Mervir Waage City of McKinney
Fud. Aviation Adn, '
E? Paso: Fed. Corp. of Engineers
Scott, lhtlso tLv-,ehall & Feville ~
Fed, Mlousing and Urban >`d%r.)ojxwnt ~
Fort Worm Fed, Internal Revenue Servtcrc
Iiw, Snakard, Brtnm & CaurbilI Fed. Justice Department `
l._uis.ills: Fed. Small Business AM. ~
Fed. Veterans Adm. Savir n.
W,n Vanvura
1kRinncy: elttons~ M gs Assriation
Abernathy & Carr First Savings & Um, McYdnney
j u oyd Ve;gle & Gay re,Ster Financial litg, Co,
ank.s. 'lenn-Justice Mg, Co.
ikiMI Grinnan Mtg. Co,
First National Bank North Texas Savings & Iswrt, Denton
PrImblic National Bank Town & Country Savings & Us A, McKinney
a ;
cN--First Lcriton National Bank Lon; State of Texas
aiera I Office
F1rsc State Bank Geit trrrd
Univer.gUy State fi;rnk Tr?nts Highway IkWrtment
Fort Worth: Utilities
Fort R'urth Fational Pkutk Bryvos Electric
U'..%'isviIle: Explorer Pipeline
Ltmisville Rational Bank Lone Star Gas
First City Bank Texto; PLowwr Rc Light
h l t~nc~; j
First National Bank
Joko lkr)lag:
llcku Citios State Dank 1
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l ,..lore ucINMIMGlS BID INVITATION,
Clry or Demon
215 Fart McKinney Si.
0 ~ntan• TeKaa 76201 CITY OF DENTON, TEXAS
Date 4-21-80 Req. No.
BID NUMBER 8775
,`.e of Real Estate
Seated bid proposals will be received until 2:00 P.M.
1101 Dalla!i Dr. May 13, 198D , at the office of the
Denton, 1ent101on, Texas 76201 Purchasing Agent, Municipal 81gd., Denton, Texas 76201.
For additional Information contact John J. Marshall
Ph. 817/332.9601 Ex. 285 or D/FW Metro 817/2874442.
JOHN J. MARSHALL, CPO. -
Purchasing Agent
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INSTRUCTIONS TO 4IDDEFS
1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late
proposelsveilibereturned unopened.
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2. Bids shall be plainly marked as to the bid number, name of the hid, and bid opening date on the outside of completely
sealed envelope, and addressed tothePwchating Deportment, City of Denton, 215 E, McKinney St, Denton, TX. 76201.
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I' 3. Any submitted article deviating from the specifications must have full descriptive data aeeompanytng same, or will not
Ii be considered. f
4. All materials era to be quoted FOB Denton, Terms, delivered to the floor of the warehouse, or as indicated.
5. The City of Denton, Texas reserv:. the right to accept separate items In a We unless this right is dgnled by the bidder,
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0. In easy of default after bid acceptance, the City of Denton, Texas may at Its option hold the accepted bidderoreon-
tractor liable for any and all resultant increasdd toils as penalty fnr sur" de;, :ri
7. The Clty of Dvnton reserves the right to reject any and alt bids, to .valve all Informatities, and require that submitted w~)
bids remain in force for a sixty (601 day period after opening or until award is made; whiehavet comes first. k
8. The quantities shown are approximate and may vary according to the requirements of the City of Denton throughout i
the contract period. 1
9. Ths items are to be prided each net. (Packaging or shipping quanp'ties will be considered.)
{i 10. The Purchasing Department asumas responsibility for the correctness and clarity of this bid, and all Information and/or
quasuons pertaining to this bid shall be directed to the City of Denton Purchasing Agent.
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11. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or to representatives
prior to aw3rd sh.111 be grounJs for d squalificadc it. '
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11 rho conditions and terms of this bid will be considered when evaluating for award.
11. The City of Denton is exemul from all sales and excise taxes. r
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ITEM STOCK NUMBER DESCRIPTION OUAk PRICE AMOUN
This tract is an elongated generally rectangular site
which is situated at the northeast corner of the in-
tersection of West Hickory Street and Avenue E, con-
taining 6,165.65 square feet of gross land area, more
or less.
Curb cuts will not be premitted on this tract.
2. This tract is equare and consist of 0.52 acres. It is
located generally 400 feet South of the intersection
of Willow Springs and Shady Oaks Drive. Map and $ ,f30E.1.:
legal discription attached and a part of this bid. -
Each bid must be accompanied by a cashier's check,
certified check, or acceptable bid bond in the amount
of five 01) percent of the b4 -I or not less than
100.00 dollars, payable to the City of Denton as
a guarantee that the accepted bidder will complete the
transaction within a time agreed on by both parties.
The above tracts arc legally described on the following
pages.
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TOTALS
We quote the above Cob. Denton, Tezas. Shipment can be made In ,r_.,_•__.days from receipt of ordar. Term.
---.met if not otherwise Indicated.
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In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within e 1
reasanabia period of time constitues a contract,. 1
III. Retlman_ a
Data , Ra „ saa2 _ Bidder V, - -
t'I Titic.__ Signature J I UA)
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"Mal
dIL,NUMdLK 811 ~Nk(,If I~.HI'IVIY~?
?urohasln! Department
`k City of Denton, Texas
f Tract 1
All that cnrtian lot, tract cr place? of land lying and being situated in the
City rad County of Denton, State of Texas, being part of the E. Yuchalski Survey,
Abstrar.t 996 and being part of Lot 4, Block 1 or the Amended College Addition, an
addition to the City and County of Denton, also being part of a tract of land con- .
veyed to the City of Denton by an award of Special Commissioners of the County Cour
at Law of Denton County, Texas in tha proceedings of the City of Deaton, Texas ve.
Fred Arrington, at u:: as filed on November 2, 1978, and is more particularly
discribed as follows:
Beeinning at the Southwest corner of said tract, said point of beginning
lying in the North right-of-way line of Hickory Street and being 220.0 feet
east of the intersection of the North right-of-vay line of Hickory Street and
the East right-of-way line of Fouts Street;
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Thence ,Jest, along th South boundary line of said tract, same being the
;forth right-of-way li:, of Hickory Street, a dist:!ncL PC 40.0 feet to a point E
for a corner;
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Thence North 1 53126" West a distance of 145.16 feet to a point for a corner
in the ;forth Boundary line of said tract;
Thence East, along the North boundary line of said tract, a distance
of 45.0 feet to a point for a corner, same being the Northeast corner
of said tract;
Thence South, along the East boundary line of said tract, a distance of 145.08
feet to the place of beginning and containing 6,165.65 square feet of land,.
more of less. j
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b0 SUBJECT
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PLOT PLAN
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j !E M O R A N D U M
TO: Bill Angelo
FROM: Nancy Boen w & l"
SUBJECTt Agenda Item for Council Meeting
DATE: July 16, 1980
About six months ago a contract was written by our Legal Department
which was to be negotiated between the City of Denton and the Lions Club
for the operation of the concession at Mack Park North. I was not aware
until recently that the Lions Club has not signed the contract and that
they wished to make some changes in the content of the contract. I have
reviewed the changes which they have proposed and I see no reason why we
cannot change it to accommodate them.
Those changes include the following pointat
(1) They wish to clarify a point under which they would not be
I responsible for vandalism at the facility.
I (2) They wt.ll pay the City of Denton 50% of the net rather than j
25% of the gross rocei,pts. (This will mean the total amount
received by the Lions Club after costs, including tax, have
been deducted.)
{
1 (3) In addition to the permanent facility they want the flexibility 1
to use their mobil unit during tournaments end during multiple
games. (This will better serve the public.) r
(4) The Lior.s Club wishes to delete the paragraph requiring a
Performance Bond.
(5) Other changes or additions simply clarify existing content and
will not significantly alter the agreement,
Please ask the Council for approval to invalidate the previous contract
and allow our Legal Department to rewrite one which will be more agreeable to
the Lions Club. (The previous contract had been signed by Mr. Hartung and
Mr. Holt.) Should approval for this request be granted, we with to proceed 1
and not go back to the Council for another approval of the new contract.
1
CCt King Cole
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N4- hi^niuum Iv,Ylw
DAVE- =LLIK*5
Vit STATE OF TEXAS 1 CONCESSION ACREVM,4T OiN p►xoYi6S
COUNTY OF DENTON 1 HACK PARR NORTH
THIS AGREEMENT, made and entered into on this tha
day of 1980, by and betveen the City of
Denton, Texas, a home rule municipal corporation ('this City•),
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and the Denton Lions Club, a n0e-pr0fit community service
organization whose address is
('the Concessionaire'),
MiEREAS, the City owns, operates and maintains certain park
and cecree Son facilities generally known ■s Heck Park North and
WHMM9, the City desires to make available to the general
public and 'others using the said facilities, food and drink servieec
for the better accommodation, convenience and welfare of the general
l public) and
f WHEREAS, the City has requested and received
Proposals for the
concession rights and privileges of supplying said food and drink
services, and the City has determined that the Concessionaire sub-
witted the highest and most satisfactory and most advantageous
1 proposals and
ilyy WHEREAS, the concessionaire is now ready, willing and able
to provide the said food and drink servioael
NOW TJ ktFORS, in consideration of the covenants and agraomante
herein contained and of the monies as heretnafter set forth, the
parties mutually agree as follows$
1. The City does hereby grant to the Conoeasionaiso the
E exclusive right to operate concessi,na thereinafter more fully
described) at the concession structure now located at mock lark j
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I Worth and owned by the City of Denton.
2. The Concessionaire shall
provide for the public at the
said location food, drink and service of high standard, equivalent
in quality and price to that generally furnished to the publio at j
similiar places of comparable site and stops.
E 2. This contract shall be effective on
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a 1980, and shall expire five IS) years thereafter, unlep sooner !
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terminated as otherwise provided.
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d. The City may terminate this concession agreement and may
repossess the premises upon thirty (70) days written notice in
the event any of the terms, covenants and agreements of this
agreement have been violated, and, at the end of said thirty (30)
days, all the rights of the Cones"ionaire hereunder shall
terminate. In addition thereto, either party, between January 1
and April 1, in any year, may terminate this agreement by giving
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the other party thirty (30) days written notice thereof, with or
without cause. The Concessionaire will deliver the promises at
the termination of this agreement in as good condition and state
r.r.,da/. s era
i of repair as when received except for ordinary wear and teawor
loss or damage caused by an act of Cod.
S. The Concessionaire agrees to pay to the City 4141y44ve
O
percent of the 496/receipto from the sale of all food and
beverages. The term 'twee receipts' shall be understood ad to
mean the total amount of money am biw-als' ~hoa no received
t e Concessionaire in exchange to he goods r +ffe ais`
anion -agreement wrosp!-~ state @a all tax,-ii-&WdL,.
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1+-.ad-remit4td ts-rxh by tl+e eoncessionaizr
udnd, lmmediately upon the Concessionaire's receipt
of monist from the sale of foodstuffs and beverages, the percentage
of monies belonging to the City, as provided, shall irr*diatsly be-
come the property of the City, and the Concessionaire shall ba
ref neible for said m nies until the ems is deliwred to the Cityx
Q f f 6 ``~+e~ a f' Ah e, te4l f Y.
Thi Concessionaire shall keep a true and accurate account
of all monies received through the operation of the concession herein
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granted and, within thirty (30) days altar the close of the concession
1 operation, submit a complete financial report of its operations with
a check made payable to the City of Pciton for the said percentage of
groan receipts. such report and check shall be delivered to the
Director of ►inaneo with a copy of said report to the Director of
Parks and Recreation of the City.
7. The Concessionaire shall provi s~tvice o i
I d ~P readpef
meet seasonal public damaa~a~LeAie-!ou O dn'.r s • d/~ y~~ t
re - i Park and s {
i i Recreation Department.rwiee-"a*d-regwls4{ens, f
B. The Concessionaire shall comply with the laws of the
United States, State of Texas, the charter and ordinances of the
City of Denton, and all rules and regulations issued pursuant thereto.
9. The concessionaire shall use the area and promisee herein
describod only for the purposes stated and for no unlawful purposes
whatsoever.
10. The Concessionaire shall not install any additional booths,
stands, fixtures, mobile units, or any other equi t la a We ton
eR op, tvta rtN n~+
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with the business coveted by tbis agreement d$ to
cir,~..r:iw~•e 6e~o~~..,;st ~o mere • ,r ~i terrd
r .eeMeotpiatad.Lar~hrf~rilhaut•-the consent of the hs 6irector tor of f Parks
hfe, rb/,'o iseo4t V/:Mi veidw/
and Recreation.
i 11. The Concessionaire will deliver to the City upon the
i execution of this agreement, and will at all times during the term
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of this agreement, maintain in effect a valid bond payable to the
City of Dentono Texas in the amount of. .0 with surety
acceptable to and approved by the City manager, which bond shall be
conditional upon Concessionaire fully and faithfully performing and
4 carrying out the terms and provisions of this agreement and paying
b over y11 monism and delivering all property casing into Concessionaire's
1 possession or control belong to the City of Denton and fully indem-
b 1
~ nifyinq and saving harmless the City of Denton against all loss of
every kind and nature resulting from the breach of any of the terms,
V3 covenants anA. conditions of the said agreement on the part of the
3 concessionaire to be performed.
124 The Concessionaire shall secure public liability insurance
with minimum single injury limit of /23000.00 from a company licensed z
to do business in the state of Texast covering concessionaire, his
aaployess, agentu, or representatives against all claims for damages
arising out of the eperatioa of said concession and it shall be
expressly agreed that the City of Dentoh shall not be liable for any
damigas arising out of be caused by the operation of said oonaassion.
in addition, if Concessionaire prepares any food products for sale
at the stands, such at hamburgers, hot dogs, or any other products k
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requiring cooking or similiar preparation before Sala, Conaessienaire
j will seaurs, in addition to public liability insurance policy with J~
single injury limit of at least I15,000.00 covering all liability
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for foods so prepared by Concessionaire. 1
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13. The Concessionaire shall not assign, transfer or sublet
any property or concession hereby granted, in whole or in
~ parts
witliout written permission of the City.
14. In the event that the concession site shall be destroyed
or damaged by fire or other casualty so as to render it untenable,
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either the City or the Concessionaire may elect to withdraw from
this agreement. Such election shall be indicated by written aotiCe.
15, Any signs, posters or other advertising material displayed
by the Concessionaire shall be subject to the approval of the
Director of Parks and Recreation Department.
16. The City 0A ll have the right to make 1nspeet1on6 at
any reasonable time to insure compliance with this agreement,
17, Any wtlver or any breach of covens he stn contained
to be kept and performed by Concessionaire ~1 not be deemed or
considered as a con•inuing waiver and shall not operate to bar or
' a ~Jt1 C/r! tlll~IAmi~G
prevent tie Cit-from declaring a forfeiture for any sucesding
breach either of the same condition or covenant or otherwise,
f IN WITNESS WUREOf, this agreement is executed as of the day
and year first above written.
C P Tt%Ae
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Elf
C1TY WANAM
AT"
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SAVOXS Y Y
CITY Or DENTON, TEXAS
APPROVED AS TO LIGAL FOPX*
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I I CITY Of DENTON, TUAS a
DENTON LIONS CLUB 1
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THE STATE OF 7SYAS X
COUNTY OF DENTON Y
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Before me, , on this day
parsorally appeartd , presid)At
of the Denton Lions Club, known to me to be the parson and
officer whose name is subscribed to the foregoing instruftnt,
and acknowledged to me that the same was the act of the said
Denton Lions Club, a non-profit community service organisation,
and that he executed the same as an act of such organisation
for the purposes and consideration therein exprassed, and in the
capacity therein stated.
Civea undai. my hand and esal of office, We the day
of , 1980, J
r Notary Public
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Memorandum
City Council
July 29, 1980
Agenda ]tem:
Consideration of a contract with the Denton Housing Authority (DNA) to
administer the Community Development Block Grarit (CDBG) housing rehabilitation
program,
Summary :
The housing rehabilitation program provides for loans and/or grants to low
income persons in the designated CDBG Target Area. Currently, the City of
Dcnton subcontracts with DHA to administer the program. The present contract
expires September 30, 1980. The City has CDBG funds allocated for rehabilitation
sufficient to extend the program beyond the contract expiration date. The
proposed contract would run through December 31, 1980, and each month thereafter
until CDBG rehabilitation funds are expended.
Fiscal Issues: }
The contract calls for a $3,075.00 monthly payment to DHA to administer the
program. This amount was negotiated between the Denton Housing Authority
Director and the City's Acting Planning and Community Development Director.
It is expected that some $100,000 in CDBG funds will be available for rehabilitation
of housing after the September 30, 1980, contract date. All funds are provided {
by the United States Department of Housing and Urban Development (HUD).
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Recommendation:
Approval of the proposed contract to be administered by the City Planning and
33 Community Development Department. 1
I Action Required:
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i 1. Contract Approval.
2. Authorize Mayor to Execute Contract.
! Exhibits:
1. Memorandum R
2. Contract {
3. Target Area Map
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REHARILIATION AREAS
Expanded Target Area
Original Target Area
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Tilt; STATE OF TEXAS i AGREEMENT 01rWEEN THE CITY OF DENTON
~ COUNTY OF DENTON ( AhD DHA FOR ADMINIrTERING GRANT
This agreement entered into this ~ day of , -
1980, by and between the City of Denton, Texasi a Homt Rule Municipal
Corporation ("CITY") and the Denton Housing Authority ("DHA"), a sub-
governmental aoency.
f WITNESSETHs
WH:,RFAS, it is ntention of this agreement to ouLline in '
writing the duties and obligations of the CITY and DHA for the ad-
ministration of the Community Development Grant randed Rehabilitation
Financing Program for the program year beginning the 30th day of
SeptemLar, 1980, and ending on 4) ii,-4y J4 Z w .
(1) The DHA shell assume complete responsibility and perltrm all
acts necessary for the daily administration of the aforesaid program,
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and in conjim ction therewith shallt
a. Advertise the program for the benefit of +
the general publics
b, Provide counseling to applicants concerning
the program and check income eligibility=
c, Review and determine that the applicant's
house meets all grant critariar
d. Make an initial inspection of the applicant's
house and complete all work write-ups)
a. Conduct contractor certification and admin-
ister the bid process!
It Review the applicant's case with the Loan
and Grant Boardi
g. Inspect work progress on the applicant's
house)
h. Notify the City in writing if needed funds,
including the purpose for which those funds
are needed)
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i, Disburse the fundv mentioned in suisection
(h) above to the proper pirtioa thy amount
j of requested funds not used shell promptly
t be remitted to the CITY) E
Maintain and keep an ao^urate record of ill
expenditora of funds provided by the CITYI
( k. Prepare and submit written monthly progress
reports to the Community Development Depart-
- rent and an annual report to the City Council
of the City of Denton, Togas t
111 The CITY agrees to perform the following obligationst
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a. The building Inspection Department shall
inspect all work completed for compliance
with the City Building Codes.
b. 4'he administrative staff of the Community
Development Ltnff provide technical assis-
tance concerning the administration o! the
program as required by the DNA.
c. Provide the DNA a total ammm t of $3,075.00
par month for administrative services, to
be paid at the beginning of each month.
(3} Thi CITY and DHA agrees to perform the following mutual
obligations,
a. All proposals for basic policy or major
program changes will be developed in con-
junction with the community Development
Department staff. These program changes
will be presented to the Community Devel-
opment Grant Advisory Committee for their
recommendations to the City Council of the
City of Denton. ,
(1) This proposal to extend at least until December 31, 1980,
or to the time after December 31, 1980 when all funds have been utilized.
I (S) 'this contract may oe cancelled by either party upon ninety ~
(90) days written notice.
IN WUNESS WHEREOF, the CITY an.i DHA have executud this agreement
as of the date first above written.
DICK SIEWART, MAYOR
CITY OF DENTON, TEXAS
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ATTEST, I
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BROUS 11OLT, CITY SECRETARY
CITY OF DENTON, TEXAS j
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APPROVED AS TO LEGAL FORM
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BURT A. SOLOMONSO ACTINO CITY
{ ATTORNEY, CITY OF DENTON, TEXAS
DENTON HOUSING AUTHORITY
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CITY OF DENTON
MEMORANDUM
T0: Mayor 6 City Council
FROMI Chris Hartung, City Manager
DATEi July 17, 1980
SUBJECT! Application for Extension of Time to Commence and
Complete Construction of Aubrey Dam and Reservoir
The Texas Water Commission had
commencement of construction ofptheiAubrey Reservorthe tlme for
September 1, 1980. Since it appears at this timeeo that
construction may not start by this date and may not be completed
by the current deadline of September It 1983, Frank Booth has
prepared an application to the Texas Water Commission for an
extension on the permit to be filed jointly with the City of
j Dallas. This application requests an extension of this time for
commencement to September 1, 1982, and the completion; to
September 1, 1986.
The Council, is requested to approve the enclosed resolution
authorizingg the City !tanager to file this application with the ~
City of Dallas.
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Attachment
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LAW OFFICES
BOOTH, LLOYD AND SIMMONS
A PROFESSIONAL CORPORATION
302 SAN JACINTO BUILDING
8TH 6 SAN JACINTO
AUSTIN, TEXAS 78701
FRANK R. BOOTH 512-476 9508
ROBERT H. LLOYD
LUTCHER B. SIMMONS
PAUL 0. OOSSELINK
SKIP NEWSOM
PATRICK W. LINDNER
July 14, 1980
I
Mr. Chris HartLng
City Manager
216 E. McKinney Street
Denton, Texas 76201
Rea Extension of Time - Aubrey Project
Dear Chris:
Enclosed is the original and one copy of a joint }
application to extend time in the referenced matter and a
resolution authorizing the application. Please have the
City Council adopt the resolution and return a certified
copy of the resolution and the signed application to me.
I will forward the same to Carroll Graham for Dallas'
signature.
I now conclude that DWR Rule 156.04.25.001-.003 will
require notice and hearing. In view of this, Denton's share
of filing fees should be $260.001 plus its share of cost of
notice by publication.
c
Kindest personal regards. j
Very truly yours, !
E FRB/ms Frank R. Booth
Enclosure
4 ,
coo w/o enclosure:
Robert Nelson
Carroll R. Graham
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APPLICATION FOR EXTENSION 9
OF TIME TO COMMENCE AND 9 BEFORE THE
COMPLETE CONSTRUCTION OF 6
AUBREY DAM AND RESERVOIR I TEXAS WATER COMMISSIOa
PROJECT UNDER PERMIT NOS. 9
791-C, 3311, 1706-A AND 6 IN AUSTIN, TEXAS
~ )312 9
APPLICATION OF CITIES OF DALLAS AND DENTON FDA
EXTENSION OP TIME TO COMMENCE AND COMPLETE
CONSTRUCTION OF AUBREY DAN AND RESERVOIR PROJECT
i
TO THE HONORABLE TEXAS WATER COMMISSION
i Now COME the Cities of Dallas and Denton and file this
joint application for an extension of time to commence and
complete construction of the U. S. Army Corps of Engineers'
Aubrey Dam and Reservoir Project pursuant to Dallas' Permit
Nos. 791-C and 3311 and Denton's Permit Nos. 1706-A and
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3112, and in support thereof would show the Commission the
' following,
i.
Applicant City of Dallas has negotiated a contract with
the U. S. Corps of Engineers to obtain 741 of the project'i
conservation storage and to repay 741 of the local cost of
the project. Denton has 'negotiated a contract with the U. 1. s
Corps of Engineers to obtain 261 of the project's conservation r t
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steraga and to repay 264 of the local cost of the project.
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Permit Nos. 791-C, 3111, 1706-A and 3312 respectively were
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issued to Dallas and Denton on September It 1976, in a
manner consistent with their negotiated contracts,
fi.
Each permit required construction of the Aubrey Project
to commence on or before September It 1976, and be completed
on or before September It 1911. By orders entered on
October 2S, 19711 the Commission extended the time under
' each permit to require construction of the project to commence
k
on or before september It 1910, and to be completed on or
before September It 191), 2
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Since the permits were issued on September to 1971, ti
Dallas and Denton bay* actively and diligently pursued
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construction of the project and have accomplished f `e
following actions which constitute good cause for failure to
timely commence and complete the project,
1. Draft contracts were received from the U. S. Corps
of Engineers in 1973 and were in final negotiated form on or
before December 1916.
2. On February 23, 1976, the City Counsel of Dallas
adopted a resolution suspending further capital improvements
in any way beneficial to the city's customer cities until
the rate itapota between Dallas and certain customer cities
was resolved.
1. on July S, 1979, the permits were sustained by the
Texas Supreme Court's refusal of appli:ation for writ of '
error in City of Frisco V. Texas Water Commission, at al.,
an appeal from the Commission's orders granting the parmits.
1. On or about August 23, 1979, the Dallas Rate Cap
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was settled in substantial part,
5. On or about September S, 1979, Dallas and Denton
authorised LWFW, Inc. to prepare a Financial Feasibility
Study for the Aubrey Daft and Rsseraoir Project. Negotiations i
with the D. 1. Corps of Engineers also resumed at this time,
6. On November 9, 1979, Dallis and Denton received
Rfvised Draft Water Supply and Recreational Contracts from
the U. S. Corps of Engineers and final contract negotiations
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were undertaken.
s
7, on January 22, 1910, the City Council of Denton z
approved the contracts.
1. on January 211 Ilea, Dallas and Denton Accepted
the LWFW, Inc., Financial feasibility study for the Aubrey
Project.
9. On January 30, 1910, the City Council of Dallas I
approved the contracts.
10, On March 21, 1910, Dallas and Denton mat with the
U. 1. Corps of Engineers to sign and linalire the contracts
in order !or the Corps to lorwa:d the same to the thief of
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Engineers, U. s. Army Corps of Engineers fe)r approval.
11. On April 1, 1990, a delegation from Dallas and
Denton met with U. 6, Senate and House of Representatives
subcommittees tj request that additional funding for the
Aubrey Project be included in the 1951 Federal Budget. I
IV. 1
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Dallas and Denton are continuing every effort within
their abilities to move forward with the U. S. Corps of
Engineers to secure commencement of construction of the
Aubrey Project. At this time, the cities and the Fort worth
District of the Corps of Engineers are awaiting contract
approval by the Chief of Engineers and submission of the
contracts to the Secretary of the Army for final signature
and approval. Upon final approval by the Secretary of the
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Army, construction and land acquisition can commence. This
Fort North District of the Corps of Engineers contemplate '
land acquisition will commence on or about October 1, 1980,
wBERRFORE, the Applicants respectfully request that the
Commission extend the times for commencement of construction E
under Permit Nos. 791-C, X1)11, 1746-A and ))12 to September
1, 1912, and for completion to September 1, 1916.
f
Respectfully submitted,
CITY OF DALLAS
i
lye
City Manager
STATI OF THUS 1
COUNTY OF OALI" 1
Sworn and subscribed to before me this day of
E , 1910,
i
ilo try c n an or i
Dallas County, Texas
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CITY OF DENTON
Sri
City Manager
STATE OF TEAS f
COUNTY OF DENTON
Sworn and subscribed to before me this day of
1910.
Notary u is Tn and for
Denton County, Texas
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RESOLUTION No.
A RESOLUTION OF THE CITY COUNCIL OF THE
CI71 OP DENTON AUTHORIZING TH8 CITY MANAGER
TO FILE AN APPLICATION WITH THE TEXAS
DrlARTMENT or HATER RESOURI\Eg TO EXTEND
TAX TIME TO COMMENCE AND COMPLETE CONSTRUCTION
UNDER PERMIT NOS. 1706-A AND 1111.
PREAMBLE
WHEREAS, the City of Denton holds permit Noe, 1706-A
and 7111 Authorising the construction of the U. S. Corp- of
Engineers' Aubrey Dam and Reservoir Project, and
WHEREAS, the permits require construction to commence
,
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by September to 1910 and be completed by September 1, 19111
and
WHIRLAS, an extension of time under the permit- Is
necessary because the U, 1, Corps of Engineers cannot
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commence or complete the Aubrey Project with the time
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authorized In the peribitl
NON, THEREFORE, EE IT RESOLVED EY THE CITY COUNCIL OF
THE CITY OF DENTOMI j
That the City Manager of the City of Denton be and is
hereby authorised to file with the Texas Department o1 pater
Resources a joint application with the City of Da11as for an
d
extension of time to coeaenaa and complete construction
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under Permit Nom, 1706-A and 3111,
l J 1 PASSED AND APPROVED On this day of
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1910. i
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ATTESTr Y agar
Y •cre •ry f
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It. B, Rushing & Company
INCORPORATED
Municipal Financial Advisors
P.O. Hoc 140368
Dolls, Texas 73114
AALVN B. PUBHINO July 9, 1980 T~ is 41 JW
FROIDiNT
Mr, (Aria Hartung
City Manager
City of Denton
215 Fast McKiruley
Denton, Texas 76201
Dear W. Hartung:
In our recent telephone conversation, as agent for the North Texas Higher
Fducation Authority (MMM), I briefly discussed with you the NWA's
request and desire to proceed with the issuance of a Series "B" Student Loan
Bond issue. The attached Resolution has been prepared, and is being forwarded
to you for review and for consideration by the City Council of Denton. As f
a matter of informatics. " reference, the aforementioned doculwnt parallels
` the document considered and approved by the Denton City Oxincil in connection
f with the NMA's Serieu "A" issue.
In an effort to assure continued loan availability for Denton students and y
residents as well as oiler students in the Authority's service area, the
NitifA is hopeful that thi, Cancil will calendar this request as soon as
possible. As a point of reiteration, a representative will be available on j
the date of Council consideration to answler, any questions regarding the
4fiHE,4 s program and its anticsPat,ed financing.
f if I can answer any questions regax*ng this letter or be of service to you
or to the Cowcil of Denton, pleas(, do not hesitate to contact me.
Sincerely,
R. B. RUSHING & COWANY
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Attach unit
ccl North Tema Higher Education Authority
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A RESOLUTION by the City Council of the City of
Denton. Texas, relating to the North Texas
Higher Education Authority, Inc; approving
certain actions taken by the Board of Directors
of the Corporation; approving the Directors
thereof; providing an effect4ve date.
WHEREAS, the governing body of the City of Denton, Texas,
or. the 5th day of July, 1978, requesting that certain individuals
proceeded to re-organize and re-establish a non-profit corporation
pursuant to the Texas Non-Profit Corporation Act, for the
ppurpose of furthering'educatior,al opportunities of students
by roviding funds for the acquisition of student loans; that
such has been accomplished, the corporation being known as the
"North Texas Higher Education Authority, Inc."; and
WHEREAS, the North Texas Higher Education Authority, Inc.,
has proceeded in the development of a plan of doing business
and it is now appropriate for this governing body to approve
the actions taken and the composition of the Board of Directors
of the said Corporation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION 1: This governing body has been advised by the
North ex"Z -Sher Education Authority, Inc., that such Corporation ;
upon approval thereof by tis governing bodies of the Cities of
Denton and Arlington, Texas, proposes to issue revenue bonds
in order to obtain funds to purchase student loan notes which are
guaranteed under the provisions of the Higher Education Act of
1965 (Public Law 89-329), as amended, as provided byy Chapter 53
of the Texas Education Code; that such bonds would be initially
issued as "Series B" bonds in the aggregate principal amount of
$35,000,000 and that such bonds would be payable from and be
secured by a pledge of revenues derived from or by reason of the
ownership of student loan notes and investment income after
deduction of such expenses for operating the loan program as may
i be specified by the bond resolution or trust indenture authorizing
or securing such bonds and the payment thereof.
SECTION 2; This governing bog hereby requests that the
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North exas gher Education Authority, Inc,, proceed with the
I issuance and delivery of such bonds for the purposes aforesaid,
and in this connection requests that the said Corporation exercise
the powers enumerated and provided in Section 53.47 of the
Texas Education Code; that such non-profit corporation shall f
k in this connection, exercise such powers for and on behalf of
k the City and the State of Texas, as contemplated by Section 53.47(e)t
of the 'texas Education Code.
{
SECTION 3; That the following instruments or actions,
to wig`-"
(a) the dy-laws of the Corporation, as adopted by the
Board of Directors;
(b) the Articles of Amendment to the Articles of `
Incorporation of the Corporation;
(c) the Plan of Doingg Businesq of the Corporation, as
adopted by the Board of Directors;
(d) the election or designation of the eight Directors
of the Corporation; and
(e) the authorization of the Series B bonds of the said
Corporation in the principal amount of $35,000,000;
are hereby approved.
SECTION 4: That the City of Denton, Texas, agrees to
accep cas tat way be conveyed to it by the Corporation
when such funds are not encumbered and all bonds of the
Corporation are paid and retired but in no event does the
City agree to assume any responsibility in connection with
the administration of this student loan program; it being
understood this responsibility is being assumed by the
Corporation.
SECTION 5: it is recognized by this governing body that
the insrrumen s which authorize the issuance of bonds by the ti
Corporation will specifically state that the City of Denton, Texas, a
is not obligated to pay the principal of or interest on the bonds c
proposed to be issued by the Corporation. Nothing in this
resolution shall be construed as an indication by the City of
Denton Texas, that it will pay or provide for the payment of
any obligations of the said Corporation wh+,ther heretofore or
hereafter incurred, and in this connection, attention is
called to the Constitution of Texas wherein it is provided
? that a City may incur no indebtedness without having made
provisions for its payment, and the City of Donton hereby
specifically refuses to set aside any present or future funds
assets or money for the payment of any indebtedness or obligation s
t of the Corporation.
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SECTION 6: This resolution shall be effective from and
after rEs passage, E
PASSED AND APPROVED, this day of 1080.
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ATTEST: ayFC"rY o en on, exas
~ City ecre ary -City o en on; Texas
(City Seal)
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CERTIFICATE OF SECRETARY
THE STATE OF TEXAS S
3
COUNTY OF DENTON 4
I, the undersigned, City Secretary of the City of Denton,
Texas, DO HEREBY CERTIFY that according to the records of the
City of Denton, of which I am custodian, that:
1. The attached Resolution is a true and correct copy
of a resolution adopted by the governing body of
the City of Denton at a meeting
on the day of 980.
2, At such meeting:
(a) a quorum of governing bodl was present on said
date of adoption, in that members of
said governing body were in attend nce at such
meeting when the question of the adoption of {
the resolution was called for and placed to a
` vote; and
f (b) members of said Sol-erning body voted ,
or t e adoption of such resolution and
members of said governing body voted a sinst
its adoption and members abstained from
voting; and
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(c) The said resolution was adopted only after a
motion was made that the same be adopted and
the seconding of such motion; and
3. Prior to such meeting:
(a) notice of the time, place, sub ect and purpose
of the meeting had been duly g ven in thha time,
form and manner required by the provisions of a
Section 3A, Article 6252-17, V.A.T.C.S,;
(b) actual notice of the time, place, subject and s
purpose of the meeting had been given to each
member of the governing body of the City; and }
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4. The officers and members of the governing body of
the City of Denton as of the time of the passage of
such resolution was:
BILL NASH MAYOR
ROLAND VELA )
DICK STEWART ) COUNCILMEN
RAY STEPHENS )
BUD HENSLEY )
BROOKS HOLT CITY SECRETARY
TO CERTIFY WHICH, witness my official signature and the
seal of the City, this the day of 1980.
a
City Secretary, City o Denton, Texas
(City Seal)
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CITY OF DENTON
MEMORANDUM
TO: 8111 Angelo
FROM: Grey Edwards x
i DATE: July 171 1980
RE: McKinney Street Bridge Contracts z
We will be receiving contracts from Rady and Associates shortly concerning }
the McKinney Street Bridge, and would like the Council to review the contracts
at the meeting on August 221 1980. Please put these contracts on the agenda.
r As soon as the contracts are available, we will hand deliver them to the
Council Members.
Thank you.
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4egdw-a r d s
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CITY OF DENTON
MEMORANDUM
TO., Mayor and Members of the City Council
FROM: Bill Angelo, Administrative Assistant
DATEt July 17r 1980
i
SURJEC^,s Emergency Purchase Order
Early this week the air conditioning compressor at the Central
Fire Station broke down, service representatives from Millard
Heath and Company investigated the problem and discovered that
the pistons, sleeves, and shafts were badly scored, thus the
equipment could not maintain the necessary compression.
Millard Heath and company recommend that the compressor be
replaced with a rebuilt unit at a cost somewhere in the
neighborhood of $3,500. Due to the high temperatures and the
fact that firefighters must utilize work'ng and sleeping
quarters located in that building, an emergency purchase order
was issued and the necessary work authorized by the City staff.
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Normal procedures require that all purchase orders over $3,000
be approved by the Council prior to the commencement of the
work, however, under emergency conditions It is possible for the
staff to authorize the expenfiture with ratification by the
Council at a later date.
The staff will request that the Council ratify these actions at
the July 22, 1980 Council Meeting. Additional cost information
and details will be provided at that time.
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B I Angelo
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