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11-02-82
NOTICE OF NORK gsslu~ - KLGULA - SP 'lAL CALLE1 - EMERGENCY mEETI1riG O1' THE OF THE CITY uF DEwru:N, T CAS. Notico is hereby given that o,i) the _ day of ly the o the City of Denton, Texalwill hold a work session - - special called emer a cy neetlrig at ;Q~---o'clock, m., in the of t e Municipal building located at 215 East McKinney, uenton, 'texas. The subjects 'to be considered are listed on the Agenda which is attar.hed hoveto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an Executive meeting of the Board/Commission, or a consultation with 0e City's attorney should be held or is required, then such executive meeting or consultation witn the City's attorney as authorized by Article 6ZS2-17 Revised Civil Statutea of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/ommission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p),_ inclusive, of said Article 6252-17, including, but not limited to:----Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or- final vote shall be at either: (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meueting o: the Board/Commission upon notice thereof, as the Board/Commission hall determine. on this day of~, 1J I , the original of tl►is instrument ryas filed a:nuAgo the of trial records of the City at Denton, 'texas, and an original copy was posted on the bulletin board in the main lobby of the M.unicipal Building of the City *of Denton at o'cluck, on said date. CHARLU'TTE ALLLir, UTY SLCR6TARY CITY OF UL',v TU:\, TEXAS U214C t PISTEU( 11/2/62 8:55 A.M. EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL NOVEMBER 2, 1982 1. Discuss information program for the December 11, .1982, Bond Election. 1. Consider Resolution concerning Council Policy on Street Maintenance Budget. NOTICE OF NURK SESSION - REGULAk - SPECIAL CALLED - EMERGENCY MEETING OF THE OF THE C['rY OF UEN'ruN, TEAS. Notice is 11 b ven that on the _ day of ly the o t e City of Denton, iexa wi11 ]sod a wor session - - special called - emerge 1c me ting at o'clock, _ ja m., in the 0 A- of the Municipal BuilAing located at 215 East Mc inney, Denton, Texas. 'Ihe subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation witn the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for and and. all purposes permitted by Section 2(b) through Section 2(p),...inclusive, of said Article 6252-17, including, but not limited to:--Section 2(c), Section 2(e), Section 2(f Section 2(g), and Section 2(j) and as masked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Coiamission with regard to any chatter considered in such executive meeting or consultation c:ith the City`s attorney, then such final action, final decision, or final vote shall be at either. (a) the public meeting covered by this notice upon the reconvening of this public sheeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine. Un this 40,4 day of 11 &L_ , the original of this instrument was filed amd-ag the official records of the City of Denton, 'texas, and an original copy it-as posted on the bulletin board in the main lobby of the Municipal Building of the City -of Denton at 3%-,SQ-- o'clock, n. on saLd date. UlAtLU'1'Th ALLEN, GITY 5ElRETAKY CITY UE UEN'I'U,N, TEXAS 02140 AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL November 2, 1982 7:00 P.M. 2. Consent Agenda A. Bids and Purchase Orders 7. Purchase Order #55686 to General Electric for emergency repair on Turbine #5. M*A • 1UTICE OF itiUgl: ~SSIUN - RRLGULA1 SPECIAL CALLED - EMERGE+NICY MEETING OF THE OF THE C(TY OF DENTON, T ' AS. Notice is liereby giv. 1 that oa the -day of ~ ~ ly► the the City of Denton, Tex will he d a wor session - r ul - special called - einer etc mee ing at dod o'clock, in the of the Alunicipal Bud. d ng ocated at attached hereto tandtsake considered are 215 Eson+,l thenAgendaenhich Texas. The listed of this 8 - notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation witn the City's attorney as authorized by Article 62SZ-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/Commission may conveniently meet in such executive meeting, or cons-11t with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p),,.inclusive, of said Article 5252-17, including, but not limited to:-- Section 2(c), Section 2(e), Section 2(E), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the hoard/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shail be at either: (a) tiles public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the board/Commission shall determine. U11 tlyis day of 19 892, the original of WZ- tttis instrument i.as filed among the otf icial records of the City of Denton, Texas, and an original copy has posted on the bulletin board in the mai lobby of the Municipal Building of the City -of Denton at o'clock,on said date. l;11TIMU1'TE ALL L;i, C(•(•Y SECKETAkl' CITY OF DEN[ O\, 'TEXAS U214C POSTED: 10/29/82 10:30 A~ kJ AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL NOVEMBER 2, 1982 7:00 P.M. Ratification of the City Manager's Appointment of Robert Caldwell to the Civil Service Commission. NOTiCL OF NORK SESSION - -GT1LAR - SPECIAL CALLGD - EMERGENCY MEETING OF 'flit; ('m t n 1f OF THE CITY OF UENTON, TEXAS. Notice is hereby given that on the AL I) _ day of , 19 the cI o tfie session regula - special City of Denton, texas will Itol a taor , called - emergency meeting at 721M o'cloc m., in [Tte IV CduWW~p,~L ~,L$ of the Mu jicipal Bui sng orated at 215 qaLst McKinney, Denton, Texas. The sub ects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, titan such executive meeting or consultation with the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the board/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252-17, including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Suction 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the BoardbCommission with regard to any matter considered in such executive meeting or consultation with the laity's attorney, then such final action, final decision, or final vote shall be at either: (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine. On this _CLday of _ 11 J~, the original of this instrument was filed among the oEEicial records of the City of Denton, 'Texas, and an original copy was posted on the bulletin board in the main lobby of the Municipal Building of the City of Denton at o'clock, ~o k ju. oil said date. 14 i; CITA V ALLt:N, C '1 bLI.R~ ['r11t1 CI'T'Y OF DEN T'ON, TEXAS 0214C ?C67-0 AGENDA 160*#a- CITY OF DENTON CITY COUNCIL November 2, 1982 r 1~ 7:00 P.M. November 2' at Chamberrsn of n the City Municipal Building Tuesday,, 00 Regular P.M. in Meeting the Council City of at which the 7: following items will be considered: 1. Approval of Minutes of the Specail Called Meeting of October 12, 1982, and the Rgular Meeting of October 19, 1982, of the City of Denton City Council. 2. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders 1. Bid #9050 - CIP Waterline Pro.act 2. Bid 09052 Streetlights 3. Bid #9057 Miscellaneous Water Supplies 4. Purchase Order #54942 To General Electric Company for Emergency Installation of Last Stage Buckets on the Repair of #5 Steam Turbine (Electric Production). 5. Purchase Order #55524 Yearly Service/Maintenance Contract to Decision Data Computer Corporation on Three Keypunch Machines (Data Processing). 6. Purchase Order #55602 Yearly Service/Maintenance Contract to Hewlett Packard on the Automatic Switching Computer Equipment (Electrical Metering and Substations). B. Agreements 1. Approval of a Funding Agreement with Fred Moore Child Care Center. (The Human Resources Committee recommends approval.) 2. Approval of a Funding Agreement with City-County Da Nursery. (The Human Resources Committee recommends approval. 3. Approval of a Funding Agreement with the Retired Senior Volunteer Program. (The Human Resources Committee recommends approval.) C. Approval of the Final Plat of Lot 1, Block 1, Jack Briscoe Addition. (Planning and Zoning Commission Recommends Approval) 3. Approval of the Final Plat of Lot It Block 1, Westpark Subdivision. (Planning and Zoning Commission Recommends Approval) ,City Council Agenda Regular Meeting of November 2, 1982 Page Two 4. Appearance by John Kokalis Regarding Street Conditions on Bell Avenue and an Insurance Claim by Robbie Gljnchi, 5, Ordinances A. Adoption of an Ordinance for the Right-of-`clay Dedication of Bridges Street Located in the Mayhill Area of the City, (The Planning and Zoning Commission Recommends Approval,) 8. Adoption of an Ordinance Approving the 1981 National Electrical Code with Local Amendments, (Electrical Code Board Recommends Approval) C, Adoption of an Ordinance Approving the 1979 Uniform Building Code with Local Amendments, (Building Code Board Recommends Approval) 0, Adoption of an Ordinance to Abandon a Portion of Easement at 2622 Nottingham at the Request of Mr. and Mrs. Morris Meadows, E, Adoption of an Ordinance calling a Bond Election for December 11, 1982. 6, Request from Mr, Guy Laney to be Served with Water and Sewer Outside the Denton City Limits on Mayfilll Road. 7, Consider Electric, Water, and Sewer Revenue Bond Refunding. 8, Approval of an Annual Contract with F iority Systems for Contract Programming. (The Data Processing 8,jard recommends approval.) 9, Approval of a Contract with SAS Institute Incorporated for Licensing Their Software. (The Data Processing Board recommends approval,) 10, Approval of an Annual Contract with TRES for Software Maintenance of the Customer Information System, (Th. Data Processing Board recommends approval.) 11, Discussion of the establishment of a Health Care Facilities Development Corporation. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 8. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec, 2(g), Art 6252-17 V.A,T.S. 0. Board Appointments Under Sec. 2(g), Art 6252-17 V.A,T.S. 13, Official Action on Executive Session Items: A. Legal Matters 8. Real Estate C, Personnel 0. Board Appointments 0713M POSTED: 11/2182 8:55 A.M. EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL NOVEMBER 21 1982 1. Discuss information program for the December 11, 1982, Bond Election. Z. Consider Resolution concerning Col.incil Policy on Street Maintenance Budget. NOTICE OF WRK SUSSWIN - RF ULARI SPECIAL CALLED - EMERGENCY MEETING OF ''HE ~ 7't IlI~Y'/ OF TH H. Ci CITY OF U>;NTUN, ThXAS. Notice is her•.by given that oil t it" day of )LtTelA< , ly , the T-t t.C'_ of ti-ie City of venton, Texas s will bold a w~ oorck session - ('regular))- special rn., in called - emerger}cy m eting at b o'clock, _,L/( , UT -l cite E _~(1r, c_l' 1'!t(v,,,- ~2Z2i of the Municipal Ruiz Ong ocatod at 215 East McKinney, enT` ion, ''texas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the hoard/Commission should determine that an executive meeting of the Buard/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of Texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/Commission may conveniently meet in such executive meeting, or consult with tine City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252-17, Including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), anti Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive nieeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either: tit) the public meeting covered by this notice upon the reconverting of this public meeting, or (tr) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Uoard/Commission shall determine. Un tills day of Ar'',. t , 19 the original of this instrument was filed among tlricial records of the City of Denton, texas, and an nriginal copy was posted on the bulletin board in the main lobby of the Municipal Building of the City of Uentrn at _2:1,7 o'clock, _ , 'L•_m. on said date. CHAT F A ,E.CN, 41"'Y GCkE 1'AR) CITY OF E)l;,r'rUN, TEXAS U214C POSTED: 11;2/82 8:55 A. M. r EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL NOVEMBER 2, 1982 1. Discuss information program for the December 11, 1982, Bond Election. z. Consider Resolution concerning Council Policy on Street Maintenance Budget. .s l NU'1'1Ch Ur NOOK SUSSIUN - k~(;UIINlt SPECIAL CALUD - EMERGENCY KEETING UN '1111; OF THE CITY OF DEN11UN, 'T'EXAS. NotiCe is hereby given that on the ___4~ _ da of ly 4, the 0-1 ZU C } - of the City of Denton, Texas will hold a work session - Lego ar - special cc~:le - emergency meeting at ~:M o'clock, m., in the I 7A Ai ('14MSof the Municipal Buis ing located at 215 last McKinney, Denton, Texas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation witil the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of 'T'exas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the :)oard/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section '.(p), inclusive, of said Article 6252-17, including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attacked Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either: (a) the public mooting covered by this notice upon the reconvening of this public meeting, or tb) at a subsequent public meeting of the lsoard/Commission upon notice thereof, as he board/Commission shall determine. Oil this_ clay of _6CNE.LoMFial _1 lIthe original of this instrument was filed amonrecords of the City of Dentoa, 'texas, and an original copy was posted on the bulletin board in the main lobby of tt. ,Municipal Bullding of the City of Denton at o'clock,ltt~_m. on said date. 14'1 1 CIIAkLO,FTE ALLLN, CI1Y SECRhTARY CI'T'Y OF DEN'TON, TEXAS 02140 POSTED: 10/29/82 10:30 F, r AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL NOVEMBER 2, 1982 7:00 P.M. 1 Ratification of the City Manager's Appointment of Robert Caldwell to the Civil Service Commission. 5 NU'T1CE U' KOOK SESSIO,+ kE -ULAR - SPECIAL CAL ED - EMERGENCY miib NG OF THE OF THE laue. CITY OF DENTON, TEXAS. Notice is I reby biven that on tine 106 _ day cc b , 19 the G ; o tfie' city o Denton, "Texas will 1101 a wo'fk session - regu ar special calle - emergent meeting at ?:dU_ o'clock, m., in the Q~~TY NJAMA of the Municipal Building located at 21S East ~McKinney, enton, 'Texas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation witn the City's attorney as authorized by Article 6ZSZ-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of tine meeting covered by this notice as the 6uurd/Cu,malssion may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252-17, including, but not Mmited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any watter considered in such executive meeting or consultation with the City's attorney, then such final action, final deck°on, or final vote shall be at either: (a) the public iticeting covered ')1- thi:, notice upon the reconvening of this public meeting;, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the board/Commission shall determine. Un this day of I`~C`~~?°!~ , 1!1~., the original of this instrument was filed a,nong the of-ficial records of the City of Uentun, Texas, and an original ropy was posted on the bulletin board in the main lobby of tie Municipal Building of the City of Denton at u'rluu:i`, un said ul;itc. 14- (,IIARLOTTI: A LEN, CITY SECRE AI(Y CITY OF DENTON, TEXAS O214C AGENDA , PUBLIC UTILITIES BOARD JOINT MEETING WITH CITY COUNCIL Tuesday, November 2, 1982 8:00 PM Council Chambers 1. RECEIVE REPORT FROM REPRESENTATIVES OF FIRST SOUTHWEST REGARDING UTILITY REVENUE BOND REFINANCING. 2. CONSIDER RECOMMENDING ESTABLISHMENT OF A POLICY ADVISORY COMMITTEE FOR ELECTRIC RATE REVIEW. 1381U/1 NOTICE OF WORK SESSIUN - EGUL - SPECIAL CALLED - EMERGENCY MEETING OF THE 0-1 (_d) P OF THE CITY OF DENTON, TEXAS, ,N Lice is hereby given that on the clay of A P , ly the Clry 611A'01- o the City o Denton, Texas will Iiol a work session - regular - special calle mergency meeting at !2' o'clock, m,, in the t'ri ►~er~ n~BgeS of- the Municipal Bui ing located at 21S -East -rc inney, Denton, Texas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of Texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252-17, including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either: (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the hoard/Commission shall determine. , ly ~ , the original of On this day of rotJPP, this instrument was filed among the official records of the City of Denton, 'texas, and an original copy was posted on the bulletin board in the gain lobby of the Municipal Building of the City of Denton at o'clock, p•/1A_._m..c, said date. 'CHARLOTTE ALLEN, UTY SFUR~ETAKf~ CITY OF DEN'tON, TEXAS 0214C Rr. l AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL November 2, 1982 7:00 P.M. 2. Consent Agenda A. Bids and Purchase Orders 7. Purchase Order #55686 to General Electric for emergency repair on Turbine #5. November 2, 1982 • CITY COUNCIL AGENDA ITEM 2 A-7 SUBJECT: PO #55686 to General Electric for Emergency Repair to Turbine #5. SUMMARY: When the turbine was disassembled in order to have the 17th stage buckets replaced, it was found to have a broken bucket in the 14th stage which must be repaired prior to re-assembly. On October 27, 19829 the #5 turbine was inspected by the General Electric Field Service Division, and the labor costs are given in their quotation 511-5234PG. The labor costs are $31,781 if the replacement bucket is available and $24,656 if another bucket on the opposite side has to be removed in order to maintain balance on the turbine rotor. These buckets or turbine blades are made of a special alloy and may not be stocked by the factory, and there is a question as to whether it could be made in time to have the unit re-assembled and re-installed during the maintenance . period. FISCAL SUMMARY: Amount Account # $31,781 02-51-83-39 ACTION REQUIRE60 Approval or disapproval of P. 0, #55686. RECOMMENDATION: The Department of Utilities recommends that this labor contract be accepted, in order to repair the machine and have it available for service as soon as possible. Respectfully, R. E, Nelson Director of Utilities 1371U/6 NW OF DENTON, PURCHASING DEPT. PURCHASE ORDER NUMBER 55686 216 E. McKinney Denton, Texas 78201 111/5"11 D/FW Metro 2674042 o+►n 10-28-82 so No. • vsNOOII No. ruws W.O. NO. mm" SAP ACO. No. 610-008-0251-8339- sw E312 General Electric Co. Tot CITY OF DENTON P.O. Box 225821 Dallas, Texan 75265 Steam Plant 1701 Spencer Rd. Denton, Texas 76201 SNOW P.O.NO.ON ALL SHIPMENTS. DELIVERY TICKETS,INVOICES ETC. SEND INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL }20. THE CITY OF DENTON IS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F OA., CITY OF OENTON. TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION OUAN./UNIT PRICE AMOUNT Labor for repair of 14th stage diaphragm and broken bucket 05 turbine(1178861 Serial) 11 If we can get material labur 199610. 21 If bucket is not available labur 12,485. 3 Straightenirg the diaphragm partitions on 14th stage 9,615. 4. Remove spill strip on diaphragm and replace with new 11,716. 51 Weld repair 4 damaged areas on leading edge of diaphragm 840' Quotation No, 511-523P0 attached Th4 quotation for this emergency repair is such that if parts are available items 1$, 4, & 5, total coat of $31,781.00 If parts are not available repairs will include items 2939 4 & 5 for the total cost of $24,656M for total see above Direct All inqutrias To; CITY OF DENTON, PURCHASING DEPT. John J. Marshall, C.P.M., Purchasing Agent Tom D, Show, C.P.M., Asst. Purchasing Agent G E y E R A L O E L E C T R I C QUOTATION NO.511-5234PG • on form FN-872 GENERAL ELECTRIC COMPANY NOTICE This cuotation on the servleosdoesribed bebw et subject to tM APPARATUS SERVICE DIVISION tans and conditions o" the tea and back of this leer. end Is void unless eon j! within IS days from don hone}, and, in the meantime, is subject to change upon retie. It supersedes all previous quotations and agrtontntto rioting to this traneaetion. Please refer to thIs quotation by number in any order plated with us for described work, and 'I all letters to our office October 27, 1982 at 3202 Manor Way Dallas, Texas 75235 (214)688-6600 Walker Hale CITY OF DENTON Municipal Steam Plant 1701 Spencer Road Denton, Texas 76201 SUBJECT: MUNICIPAL #52 TURBINE SIN 178861 Dear Walkers We are pleased to quote to you the following turbine repairs on your Unit #5, that was inspected on 10/27/82. To remove the 47 buckets on the L-3 and replace the one broken bucket, lead dip anneal all tenons, fit new covers, and peen all tenons, we quote $19,610.00. This price does not include transportation, any factory supplied parts, or foxholing •coverso If the bucket is not available and the bucket is cut off and 4 groups of buckets are regrouped, we quote $120485.00. Again this price does not include transportation, factory supplied parts, or any foxholing of covers. This price does include lead dip annealling of all tenons where the cover is removed. To straighten the diaphragm partitions on the 14th stage diaphragm, red dye check for cracks, weld repair any cracked partitions with Inco 182, perform an area check, we quote $9,615.00. This price does not include transportation. To remove the spill strip on this diaphragm and replace with factory supplied spill strips, check diameters and remachine if necessary, we quote $1,716.00. To weld repair the four damaged areas on the nose or leading edge of the diaphragm partitions and grind to contour, we quote $840.00. If you should have any questions regarding this quotation, please feel free to call. We are looking forward to being of service to you and your community. Si erely, Dennis J caner Manager - Power Generation Daliag ServtCe Shoff Sale Of any Make towed by this q tailor is eonditloned upon the terms contained herein, Including those on the back of this Quotation. A" Wditiorim or dand will not be binding upon the Company, unless specifically aesnttd to in writing by the Company's prtrenimplinoor purpose applies and that any claim that the nrvicn dneribad hereln an a warranty or other Othe Company mutt be rate in writing prior to, r at, the time you piste your order. Sellef ertifIse that all goods described heroin will be produced in compliance with all applicable provisions of the Fair Labor Standards A" as arnmded. DJWpb PN4172 (!06) rev Printed ("11) POSTED: 10/29/82 10:30 A AGENDA ADDENDUM CITY Of DENTON CITY COUNCIL NOVEMBER 2, 1982 7:00 P.M. Ratification of the City Manager's Appointment of Robert Caldwell to the Civil Service Commission. r AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL November 2, 1982 7:00 P.M. 2. Consent Agenda A. 81ds and Purchase Orders 7. Purchase Order 155686 to General Electric for emergency repair on Turbine 15. A3ENDA CITY OF DENTON CITY COUNCIL November 2, 1982 7:00 P.M. Regular Meeting of the City of Denton City Council on Tuesday, November 2, at 7:00 P.M. in the Council Chambers of the Municipal Building at which the following items dill be considered: 1. Approval of Minutes of the Specail Called Meeting of October 12, 1982, and the Rgular Meeting of October 19, 1982, of the City of Denton City Council. 2. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders 1. Bid #9050 - CIP Waterline Project 2. Bid #9052 Streetlights 3. Bid #9057 Miscellaneous Water Supplies 4. Purchase Order #54942 To General Electric Company for Emergency Installation of Last Stage Buckets on the Repair of #5 Steam Turbine (Electric Production). 5. Purchase Order #55524 Yearly Service/Maintenance Contract to Decision Data Computer Corporation on Three Keypunch Machines (Data Processing). b. Purchase Order #55602 Yearly Servica/Maintenance Contract to Hewlett Packard on the Automatic Switching Computer Equipment (Electrical Metering and Substations). 8. Agreements 1. Approval of a Funding Agreement with Fred Moore Child Care Center. (The Hunan Resources Committee recommends approval.) 2. Approval of a Funding Agreement with City-County Da Nursepy. (The Human Resources Committee recommends approval. 3. Approval of a Funding Agreement with the Retired Senior Volunteer Program. (The Hunan Resources Committee recommends approval.) C. Approval of the Final Plat of Lot 1, Block 1, Jack Briscee Addition. (Planning and Zoning Commission Recommends Approval) 3. Approval of the Finial Plat of Lot 1, Block 1, Westpark Subdivision. (Planning and Zoning Commission Recommends Approval) City council Agenda Regular Meeting of November 21 1982 Page Two 4. Appearance by John Kokalis Regarding Street Conditions on Bell Avenue and an Insurance Claim by Robbie Glanchi. 5. Ordinances A. Adoption of an Ordinance for the Right-of-Way Dedication of Bridges Street Located in the Mayhill Area Approval.) he City. (The Planning and Zoning Commission Recommends App ) B. witht Local fAman Ordinance Arovin the endments. (Electrical Code1BoardaRecommendscApproval)Code C. witht Local fAmendments. (Building an Ordinance Approving the 1979 Uniform Buildin Code and a Mrs~.t Morris Meadows. at 2622 Request t of Abandon D. Nottingham of at an the Ordinance E. Adoption of an Ordinance calling a Bond Election for December 11, 1982. 5. Request from r. Guy Laney to be Served with Water and Sewer Outside the Denton City Limits 7. Consider Electric, Water, and Sewer Revenue Bond Refunding. Contract Board Priority Data Contract recommends s apfor proval.) Processing with 8. Programming.an(The Annual 9. Approval of a Contract with SAS Institute Incorporated for Licensing Their Software. (The Data Processing Board recommends approval.) 10. l Contract t TRES for Software Maintenance of the Customer Information System. (The Data Processing Board recommends approval.) 11. Discussion of the establishment of a Health Care Facilities Development Corporation. 12. Executive Session: S. A. Legal Matters Under Sec. (e), Art625 52-17 V T.S. 8. Real Estate Under Sec. t. 6251 17 V. .S. C. Personnel Under Sec. 2(g). Art 6252-17 V.A.T.S. 0. Board Appointments Under Sec. 2(g), Art 13. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel 0. Board Appointments 0713M CITY COUNCIL MEETING MINUTES October 12, 1982 Work Session of the City of Denton City Council on Tuesday, October 12, 1982, at S:00 P.M., in the Civil Defense Room of the Municipal Building. The Council received a report from Rick Svehla, regarding the pproposed bond election. Svehla explained that the original figure of S1 m11lion dollars that was discussed in 1981 was no longer a true figure. Rather, he stated that due to the Increase in supply and labor costs the amount needed to mate the recommended street renovations was S8.1 million dollars. Svehla explained that there was a possibility that the City may receive some assistance from the State Highway Department towards the end of the wort:. He further suggested that these funds could be used in making some of the needed repairs to locust and Elm Streets. Councilperson Stephens asked if Acme (between Fulton and Bernard) was included in the current proposal. Svehla stated that it was not. He stated, however, that he would certainly look into the conditions of this street along with the costs that would be involved in its repair, and if it could be included without ceiling the overall costs to run over he would include it. The City Manager stated that it was the feeling of the staff that If money was available to look at some of the othv streets and make the necessary renovations towards the end of the project that this would certainly be done. The City Council convened into Executive Session to discuss Legal Matters, Real Estate, Personnel and Board Appointments. The City Council convened into the Special Called Meeting at 7:00 P.M. in the Council Chambers. PRESENT: Mayor Stewart, Mayor Pro Tem Stephens, Council Members Hopkins, Alford, Riddlesperger, and Chew; City Manager, City Attorney, and Deputy City Secretary. ABSENT: Council Member Barton was out of town to attend a Business Meeting. 1. Consent Agenda: Hopkins motion, Chew second to approve the Consent Agenda. Motion carried unanimously. A. Final Plats: 1. Approval of the Final Replat of the Timberidge Addition. The Mayor Proclaimed the week of November 1.14, 1962, as Hospice Care Week. The Mayor presented a proclamation to Virginia Edwards dectarl,,g the week of October 11-23, 1982 as "National Business uomens Week. The City Council reveived a report 'rom Roland Harvey, Executive Director, Denton Area Crisis Center. Mr. Harvey stated that the Crisis Center deals with extreme to minor psychological and physical problems related to youths who have been abused or are in need of shelter. Further, he explained to the Council that the center has three major roles. They are (1) To operate a 24 hour hotline; (2) To participate in interpersonal counseling; (3) To provide a safe haven emergency shelter for youths. Harvey also stated that the center has received the support of the community, United bray, local Church groups as well as private dinations. Riddlesperger asked if Harvey was aware of the concern raised by one of the neighborhood groups regarding clients from the center entering a private home. Harvey stated that he raj familiar with this claim. However, he stated that the supervision of the clients is 24 hrS a day. He stated that regarding this particular case he does not feel any member of the center was responsible. Minutes Of City Council Meeting of October 12, 1932 Page Two The City Council heard a report from Gus Seligmann, Mr. Seliginann asked the :;until to define the role of the Cable TV Advisory Board. Sellgaann stated his concern and lack of understanding of the Council's actions to not accepting the rate increase recommended by the Board. Mayor Stewart explained to Seligaann that the City Council does take sericus consideration if facts brought to then by the Boards and/or Commissions. He futher stated that they usually, but not always, go along with the Board's recommendations. Riddlesperger reiterated the Mayor's comments. He further stated that the Council felt that there was not sufficient support from all of the board members regarding the rate recommendation. Chew appealed to Seligmann to consider the Council's position in being asked to support the recommendation of the CATY Board when they were not furnished with complete and accurate data. Hopkins stated that the data which was received by the Council was already 5-6 approve a rate months old and Increase. Hopkins acncouraged this information aand n the he CATV could Board not con 1 ue to bring thelr recommendations to the Council as they felt actions needed to be taken. Alford stated that his decision was based solely on the information he received and further stated that he felt sound judgement was used by the Council in not approving tha recommendation made by CATV. 3. ordinances: A. The Council considered adoption of an Ordinance setting the rates for Cable TV Services. The following ordinance was presented: NO. 82.79 4M ORDINANCE FIXING AND DETERMINING THE MAXIMUM ALLOWABLE BASIC CATV SERVICE RATES TO BE CHARGED SUBSCRI8ERS BY GOLDEN TRIANGLE COMMUNICATIONS, A PARTNERSHIP OF DENTON PUBLISHING COMPANY AND COX CABLE COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, INCLUDING MAXIMUM ALLOWABLE RATES AND FEES TO BE CHARGED FOR ADDITIONAL OUTLETS ANO/OR ADDITIONAL CONVERTERS, INSTALLATION OF SAME, MOVING AND RECONNECTIONS OF SERVICE, AND INITIAL :NSTALLATION OF BASIC SERVICE BY AMENDING PARAGRAPH A Of EXHIBIT A TO ORDINANCE NO. 19.1; AND DECLARING A,N EFFECTIVE DATE. Alford motion, Chew Seconded to adopt the ordinance- On Roll Call Vote Hopkins, eye, Stephens, aye, Alford, Ayes Riddlesper9er, aye, Chew, aye, Stewart, aye. Motion carried unanimously. B. The Council considered adoption of an Ordinance revising the Rules and Regulations for oparatiun of Taxi Cab Services and the procedures for establishing a Taxi Cab Zone in the City of Denton. The following ordinance was presented. NO. 82-8G AN ORDINANCE AMENDING ARTICLE IV, SECTION 21.13 THROUGH SECTION 26.61 OF THE TAUICABS CODE 0 HE THE T OF O DENTON; PROVIDING E FOR ~ A NLICENSE; PROV DING FOR LIABILITY INSURANCE; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alford Seconded to adopt the ordinance, On Roll Call Vote Hopkins, aye, Stephens, sye, Alford, aye, Riddlesperger, aye, Chew, aye, Stewart, Aye, Motion carried unanimously Minutes of City Council Meeting of October 12, 1982 Page Three C. The Council considered the adoption of an Ordinance Establishing a Polling Place for Single Member District e2. The following ordinance was presented: NO. 82-81 AN ORDINAICE AMENDING ORDIWC. 'fi. 80-16 6Y P!ENDING SUBPARAGRAPH B OF SECTIO'i 1 RELATING TO THE 0Li.ING PLACL IN SINGLE MEMBER DISTRICT NO. 2 FOR SINGLE MEMBER WTRICT ELE:TIONS AND FOR CITY WIDE ELECTIONS; REPEALING ALL ORDINANCES Is CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Hopkins Seconded to adopt the ordinance. On Roll Call Vote Hopkins, aye, Stephens, eye, Alford, aye, Ri.ldlesperger, aye, Chew, aye, Stewart, aye. Motion carried unanimously 0. The Council considered the adoption of an Ordinance Establishing Fees for the Pick-up and Disposal of Animal Carcasses. Bill Angelo represented the Staff. Angelo stated that a rate schedule has been established that will allow the City to be compensated for the pickup and disposal of animal carcasses, Councilperson Stephens asked if this charge was sufficient to cover the actual costs to the Animal Control Department. He further asked if the carcasses were encased in a container for transport. Angelo responded that the charge is sufficient to cover the costs. Further, he stated that the trips to pick up carcasses would be scheduled in order to allow for the optimum use of time. Further, he stated that the carcasses are placed in bodybags. Chew asked Angelo U prepare a report showing the impact this ordinance would have on the overiil City. Hopkins asked Angelo to include in the above report the actual numbers of Carcasses picked up and the cost to t~ City. Hopkins motioned that this ordinance be tabled until further information could oe athered and another discussion take place. Chew seconded the motion. The motion to table this ordinance for further discussion. The motion carried unanimously. E. The Council considered adoptia l of an Ordinance removing Parking on the North Side of Chambers to Dallas Drive and the west Side of Clifton Street to Dallas Drive. The following ordinance was presented; No. 82-82 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE kSl SIDE OF CLIFTON STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CHAMBERS STREET; AND NO PARKING ON THE NORTH SIDE OF CHAMBERS STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CLIFTON STREET; PROVIDING A SEVERABILITY CLAUSE; PROV10140 A PENALTY NOT TO EXCEED TWO HUNDRED WLLkRS; AND DECLARING AN EFFECTIVE DATE. Svehis represented the staff and asked the council if there were any questions. Hopkins asked if there was anyone in the audience who would like to speak to this issue. Minutes of Ctty Council Meeting of October 12, 1962 Page Four 5vehla stated that residents of this neighborhood were orlginally speaking about removing parking on both sides of the street, however, thhe Traffic Board is rec*nending the ordinance as it now reads. Hopkins motion, Chew Seconded to adopt the ordinance. On Roll Call Vote Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, Stewart, aye. Motion carried unanimously 4. The Council considered the approval of a Funding Agreement with Denton County Friends of the Family. Stephens motion. Chew seconded to approve the Funding Agreement. The motion was carried unanimously. S. The Council considered the approval of a funding Agreement with Services Program for Aged Needs (SPAN). Mrs. Roberta Donsvach spoke to the Council. She stated that in a recent survey done in Washington, D.C., SPAN was named as one out of nine Innovative transportation operations nationwide. Rlddlesperger Motioned. Stephens seconded to approve the funding agreement. The motion carried unanimously. 6. The Council considered the approval of a Contract with Henningson, Durham and Richardson for Landfill Site Evaluation. Hopkins motioned. Riddlesperger seconded to approve the contract. The motion carried unanimously. 7. The Council considered the approval of a Contract with Rone Englneers for a Landfill Site Evaluation. Stephens motioned. Chew seconded to approve the contract. The motion carried unanimously. 10. The Council considered the presentation to the Texas Municipal League at the time of the Annual Meeting Supporting Legislation to Clarify the Texas Cities' Ability to Administer a Self Insured Hospitalization and Medical Insurance Progrsm. Chew motioned. Hopkins seconded to approve the contract. The motion carried unanimously. 11. There was no official action on Executive Session Items; A. Legal Matters B. Real Estate 0. Personnel E. Board Appointments 12. No New Items of business were suggested for future agendas. The Council adjourned Into Executive Session at ]:59 P.M. Ric6ard 0. Stewart, Mayor Vicki V, ast ng Deputy City Secretary 0421C City Council Minutes October 19, 1982 Joint Meeting of the City of Denton City Council and the Public Utilities Board on Tuesday, October 19, 19820 at 5:30 p.m. in the Civil Defense Room of the Municipal Building to receive a report from Freese and Nichols, Inc., on the long range water supply study for the City of Denton. The Council convened into Executive Session to discuss Legal Matters, Real Estate, Personnel, and Board Appointments. The Council then convened into the Regular Meeting at 7:00 p.m. In the Council Chambers. PRESENT: Mayor Stewart, Mayor Pro Ten Stephens, Council Members Barton, Hopkins, Alford, Riddlesperger, and Chew; City Manager, City Attorney, and City Secretary ABSENT: None 1. The Council considered approval of the Minutes of the Special Called Meeting of September 28, 1982 and the Regular Meeting of October 5, 1982. Barton motion, Hopkins second to approve the Minutes as presented. Motion carried unanimously. 2. The Council considered a Resolution in Appreciation of Gwen Smale. The following Resolution was presented: RESOLUTION IN APPRECIATION OF GWEN SHALE WHEREAS, Gwen Smale has given five years of dedicated service on the Board of the Texas Municipal Power Agency; and WHEREAS, Gwen Smile, during her continuous service since 1977, has served us Vice-President of the Texas Municipal Power Agency and Chairman of the Audit and Budget Committee; and WHEREAS, th9 Gity of Denton appreciates the time, effort, and Isedication that Ms. Gwen $male contributed as a Texas Municipal Power Agency Board Member; NOW9 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation of the City of Denton be formally conveyed to Ms. Gwen Smale in a permanent manner by spreading this Resolution upon the official Minutes of the City Council of the City of Denton and forwarding to her a true copy hereof. PASSED AND APPROVED this the 19th Day of October, 1982. RICHARD 0. STi*I UT, MAYOR CITY OF DENTON, TEXAS G. CRATS'H A K T U 7r S,C ITV" M AFi7CM ROLAND L CITY OF DENTON, TEXAS TEXAS MUNICIPAL POWER AGENCY ATTEST: VICKI W L N, DEPUTY R Y CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY.OF DENTON, T~XAS Chew motion, Stephens second that the Resolution be passed. On roll cell vote Barton 'aye', Hopkins 'aye', Stephens 'aye', Alford 'aye', Riddlesperger 'aye', Chew 'aye', and Mayor •aye'. Motion carried unanimously. 3. Consent Agenda Chew motion, Alford second to approve the Consent Agenda. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid #9051 Denton North Interchange Concrete York 2. Bid /9054 /2 Concentric Cable 3. Bid 19055 Laboratory Analysis for Wastewater 4. Bid 19049-A Repair Storm Damage to Antenna System at Municipal Building. 5. Purchase Order 154644 to Calvert Motor Company S. Change Orders: 1. Approval of a Change Order to Freese and Nichols for the Long Range Water Supply Study for the City of Denton. C. Annual Payment 1. Approval of the payment of Annual Membership Dues to the North Central Texas Council of Governments for fiscal Qtriad October 1, 1982 through September 30, 1983. Chew titionj Barton second to approve the Agenda Addendum to the Conant Agenda. Motion carried unanimously. Consent Agenda Addendum: A. Approval of an Independent Contractors Agreement to C. H. Rodgers in the Amount of $16,350 for Consultant Services for Major Repair of Turbine #5. 8. Approval of an Independent Contractors Agreement to General Electric Company for $8,310 for Consultant Services for Major Repair of Turbine 15. 4. The Council considered approval of the final plat of the G. F. Price Addition. David Ellison of the Planning and Community Development Staff reported to the Council that a variance was being requested by petitioners to waive the usual maintenance bond on a portion of Riney Road as no record of a formal street dedication could be located. The Planning and toning Commission recommends the welter. Mr. Williams Sellers of Riney Road, representing the petitioners, appeared before the Council to request the bond be waived as it was cost prohibitive. Chew motion, Hepkins second to approve the final plat with the waiver. Motion carried unanimously. 5. The Council considered approval of a Community Development alor.k Grant application and authorization for the Mayor to execute the application. Jeff Meyer of the Planning and Community Development Department reported to the Council that the Committee had only 2 weeks notice to prepare the application. Ms. Jo Luker, Chairperson of the Community Development Block Grant Committee reported to the Council that the required public hearings had been held to discuss which homes in Denton would be eligible to receive renovation. The Committee was recommending in the application to rehabilitate those homes that were worth saving, to demolish those structures which were unsafe and unsightly, and to renovate some homes to be used as low to middle income housing. Stephens motion, Chew second to approve the application and to authorise the Mayor to execute the application. Motion carried unanimously. 6. Mr. Bill Holloway appeared before the Council regarding the renaming of the Denton Public Library to the Emily Fowler Library. Mr. Holloway, son-in-law of the late Mrs. Fowler, Stated that the II Library had been and still was a source of pride to his family. I Mr. Bob Caldwell urged the Council to pass the proper Ordinance to rename the Library the Emily Fowler Public Library. Ms. Marjorie Nomanen stated that when the Library had originally been named for Mrs. Fowler, a commitment had been made and the Council should honor that commitment. Alford motion, Chew second to refer the matter to the Library Board for their recommendation. Motion carried unanimously. 7. Public Hearings: A. 1-1540. The Council heard the petition of Fred H. Deal representing Denton 288 Associates, requesting a change of toning from agricultural (A) to planned development (PO) classification on 112.88 acres of property beginning at the southeast and southwest corners of East McKinney St. and Loop 288 and extending southward approximately 2115 feet along both sides of Loop 288. The following land uses are proposed in the request for planned development (PD) toning: Single family detached residential 15.8 acres Single family attached residential 16.16 acres Multi-family residential - 34.85 acres General retail - 15.15 acres Greenbelt and/or Open Space 25.41 acres Proposed collector street 4.51 acres Mr. Fred Deal spoke in favor of the petition stating that it was the intention of the Denton 288 Associates to develop this area is soon as possible now that City services were available. Council Member Chew asked if the developers were willing to abide by the 9 recommendations that the Planning and Zoning Commission had made to them. Mr. Deal replied that they were. No one appeared in opposition. Meyer of the Staff stated that this development had b•en under close scrutiny by the PIZ because it was a large and diversified development. The Mayor closed the Public Hearing. 1. The Council considered adoption of an ordinance changing the toning from agricultural to planned development classification on the 112.88 acres along both Sides of Loop 288. The following Ordinance was presented: NO. 82.83 AN ORDINANCE xMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SANE HAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES r,F THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-APPLIE I Tp•RP R. SURVEY, ABSTRACT ACRES OF IA ND OUT OF THE M NO. 9271 TAE M. L. AUSTIN SURVEY, ABSTRACT 90. 4, AND THE M. YOACV.AN SURVEY, ABSTRACT NO. 14426 DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the Ordinance. On roll call rote Barton 'aye', Hopkins "aye', Stephens 'aye', Alford "aye', Riddl:sperger 'aye', Chew 'aye', and Mayor "aye'. Motion carried unanimously. 8. Ordinances A. The Council considered adoption of an ordinance setting a date, time and place for a public hearing concerning the proposed annexation of approximately 63.89 acres of land located along the east side of Mayhlli Road north of the Andrew Corporation; and authorizing and directing the Mayor to publish notice of such public hearing. (I-1541). The following Ordinance was presented: N0. 82-84 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Stephens motion, Hopkins second to adopt the Ordinance. On roil call vote Barton 'aye', Hopkins 'aye', Stephens 'aye', A',ford "aye', Riddlesperger 'aye', Chew 'aye", and mayor 'aye'. Mijtion carried unanimously. 8. The Council Considered adoption of an ordinance setting a date, time and place for a public hearing concerning the proposed annexation of approximately 63.89 acres of land located along the east side of Mayhill Road north of the Andrew Corporation; and authorizing and directing the Mayor to publish notice of such public hearing. (I.1541). The following Ordinance was presentedi NO. 82-BS ANNEXATION AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Riddlesper or notion, Alford second to adopt the Ordinance. On roll call vote Barton "aye', Hopkins 'aye', Stephens 'aye', Alford 'aye', Riddlesperger "aye', Chew 'aye', and Mayor 'aye". Motion carried unanimously. g. The Council considered adoption of a Resolution to remain at the existing landfill site at Crossroad, Texas. The following Resolution was presented: RES0LUT10N WHEREAS, the City of Oenton is in the process of purchasing land for a new landfill; and WHEREAS, the City of Denton is now preparing plans and specifications for Submitting an application to the Texas Health Department for such new landfilli NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASt SECTION I. The City Council of the City of Denton hereby resolves to remain at the existing landfill site in Crossroads, Texas only until the new landfill site is yermitted and the City of Denton can commence the use of the new landfill site in Denton, Texas. SECTION 11. The City Council resolves that the City of Denton will follow the plan submitted to the Texas Health Department on August 30, 1982 and/or any other adjustments or changes that the Texas Health Oepartment deems necessary for the continued operation of the landfill In Crossroads, Texas. PASSED AND APPROVED this the day of , 1982. RICHARD 0. STEWAKY MAYOR CITY OF DENTON, TEXAS ATTEST: VICKI w LN u CITY SECRETARY CITY OF 9ENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By. Chew motion, Hopkins second that the Resolution be passed. On roll call vote Barton "aye", Hopkins 'aye', Stephens `aye", Alford "aye", Riddlesperger 'aye", Chew "aye', and Mayor 'aye". Motion carried unanimously. 10. Ordinances (continuation of Item i8) C. The Council considered adoption of an ordinance setting a date, time and place for a public hearing concerning th1 proposed annexation of approximately 111.72 acres of land located along either side of FM 1830 beginning approximately 200 feet south or Hooson Lane; and authorizing and directing the Mayor to publish notice of such public hearing. (2.1542) The following Ordinance was presented: NO. 82.86 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY GF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Hopkins motion, Stephens second to adopt the Ordinance. On roll call rote Barton "aye", Hopkins "aye", Stephens "eye", Alford "aye', Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. r D. The Council considered adoption of an ordinance setting a date, time and place for a public hearing concerning the proposed annexation of approximately 111.72 acres of land lrcated along either side of FM 1830 beginning approximately 200 feet south or Hobson such Lane, puDand lic auhearing thorizing (Znd directing the Mayor to pibllsh notice o s The following Ordinance was presented: NO. 82-87 ANNEXATION CE OF SETTING DATE* TIME BYD PLACE T OF PROPOSED DENTON, TEXAS I AND SUCH AUYHIORIZING HEAIDDIRECTING THE MAYOR TO PUBLISH NOTICE ayelo Stephensdi'ayee, Alford On roll call Chew ote Barton i•ayel, s Hosecond pkins to adopt the r Riddlesperger 'aye•, Chew 'aye', and Mayor 'aye'. Motict carried unanimously. E. The Council rollsedas adoption raisal considered roved by the Appraisal approving the 1982 app Review Board of the Denton County Appraisal District. The following Ordinance was presented: NO. 82-88 AN ORDINANCE OF THE CITY OF DENTONI TEXAS, APPROVING THE 1982 APPRAISAL S AS ED By THE BOARD OF HE DENTONLCOUNTYAAPPRAISAL DISTRICTPPAAISAL REVIEW Riddlesperger motion, Alford second to adopt the Ordinance as emended by the exemptions. On roll call vote Barton 'aye`, Hopkins •ayeand Mayor ' ayag. Motlondcar~iedIunanimouslyrger *aye", thew F. The Council considered adoption of an ordinance establishing fees for the pick-up and disposal of Animal Carcasses. The following Ordinance was presented: NO. 82-89 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER i Of THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR REGULATIONS AND FEES FOR DEAD ANIMAL PICKUP AND DISPOSAL; PROHIBITING DISPOSAL OF CARCASSES ON PUBLIC PROPERTY OR PROPERTY OF ANOTHEA; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Riddlesperger second to adopt the Ordinance. On roll call vote Barton 'aye', Hopkins 'nay', Stephens 'aye•, Alford 'nay', Riddlesperger 'aye', Chew 'eye', and Mayor 'nay'. Motion carried 4 to 3 in favor. II, Resolutions A. The Council considered approval of a Resolution authorizing the Mayor to sign a quit claim deed disposing of the property at Frame and Mingo. Assistant Rick to te the First StlatehBank. The following Resolution was presented: R E S O L U T I O N WHEREAS the City Council of the City of Denton has hereto- fore determined the necessity for disposing of the real property hereinafter described; and WHEREAS, after due notice as required by law, competitive bids were received by the City of Denton; and WHEREAS, the highest bid received was for Four Thousand Six Hundred ($4,600.00) Dollars, from First State Bank Trust Department of Denton; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property is Four Thousand Six Hundred ($4,600.00) Dollars; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The bid for Four Thousand Six Hundred (54,600.00) Dollars by First State Bank Trust Department of Denton is hereby accepted. SECTION 11. The Mayor is hereby authorized to execute on behalf of the City of Denton, texas a quitclaim deed conveys~.g the hereinafter described property to First State Bank Trust Department of Denton, to-wit: All that certain tract or parcel of land situated in the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 185, Denton County, Texas, being a part of Lots 15 and 16, Block 00 of the Schmitt i R1py Addition to the City of Denton, Texas, per plat recorded in Volume 85, Page 2709 Deed Records of said County and being more fully described as follows: BEGINNING at the northeast corner of said Lot 16, Block D In the west right of way line of Frame Street; THENCE south along the said right of way a distance of 73.62 feet to an iron pin; THENCE south 510261570 west a distance of 59.10 feet to an iron pin; THENCE with a curve to the left, having a central angle of 70231460, and a radius of 578.8931 feet, a chard which bears south 47045'040 west a distance of 146675 feet, an are length of 74.727 feet, to an Iron pin situated in the west line of said Lot 150 Block D; THENCE north a distance of 160.53 feet to an Iron pin; THENCE north 89055136' east a distance of 101.50 feet to the point of beginning and containing 0.268 acres of land, more or less. SECTION-11 1., the City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the advertisement for bid. PASSED AND APPROVED this the day of October, 1982. RICHARD 0. 9TEWART9 MXYOR CITY OF OENTON 4 ATTEST: CHARLOTTE -`MEN, Z'M 5E'CRUARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY; Hopkins motion, Chew second that the Resolution be passed. On roll cat! vote Barton 'aye', Hopkins 'aye', Stephens "aye', Alford 'aye% Riddlesperger 'aye', Chew 'aye', and Mayor "aye". Motion carried unanimously. 8. The Council considered approval of a resolution designating streets to be included In the December 11, 1982, Bond Issue for the Street Renovations. The following Resolution was presented: R E S 0 L U T 1 0 N WHEREAS, the City of Denton, Texas, acting through Its elected city officials and pursuant to its capital improvement program intends to call a bond election in 1982 to finance certain capital improvements; and WHEREAS, the City Council wishes to make known in advance of the calllnqq of said bond election what street improvements are proposed to be financed and made as a result of such bond election= NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That if the cittaens should duly appro+e Cie selling of bonds to finance the street improvements submitted at such election in 1982, it Is the intent of the City of Denton to make needed improvements to the following streets within the City of Denton: STREET NAME FROM TO Locust Eap1e University Bell University Sherman Elm University Eagle Oak Bolivar Jagoe Hickory Cedar Austin Hickory Avenue C Welch Hickory Carroll Cedar Locust Sherman Orr Avenue A Highland McCormlck Congress Oakland Ponder Mingo Withers Mockingbird Oak Austin Bolivar Hickory Austin RR Oak RR Austin Bonnie Brae Windsor University Audra McKinney End of Divide Nottingham University Windsor Welch Eagle Highland Welch Mulberry Hickory Welch Hickory Oak Bernard Hickory Eagle Vast Oak Bonnie Brae Jagoe West Oak IN-3S Y Sunset Anna Carroll Sunset Carroll university Oriole Mockingbird Cardinal Glenwood Windsor University Greenwood Laurel Wood Cherrywood Greenwood Cherrywood Sherman Fry Scripture Hickory Bernard Wlllowwood 1M-35 Westway Bolivar Fulton Mistywood Nottingham Woodhaven Histywood Woodhaven Robinwood STREET NAME FROM TO Alice Congress university Denison Sherman University. Acme Fort Worth Bernard TOTAL STREET IMPROVEMENTS $8,166,500 SECTION 11. That if the citizens should duly approve the selling of oands to finance the capital improvements program submitted at such election 1A 19820 it is the intent of the City of Denton to make needed Improvements to the following within the City of Denton: CAPITAL IMPROVEMENTS PROGRAM Ponder Street Drainage Panhandle Drainage from Alice to Malone Signal Improvements Equipment Ac uisitloo for Neighborhood Parks Bell, Coronado Drainage Acqulsltion of right-of-way for U. S. 380 Paisley Street Drainage Stanley, Thomas, Ector Drainage (Parts I and 11) Prairie Drainage (Bradshaw to Lakey) Yellowltone, Sher.ton Drainage Handicapped Improvements at the Square Equipment/Land Acquisition for Parks Update Signal Equipment City Contribution to Reconstruct U.S. 380 Equipment/Land Acquisition for Parks Fire Substation Equipment/Land Acquisition for Parks Building Renovation/Expansion TOTAL CAPITAL IMPROVEMENTS PROGRAM $6,110,000 PASSED AND APPROVED this the 19th day of October, 1982. RICHARD 0. 9TEWARTj RXYO CITY OF DENTON, TEXAS ATTESTS VICKI WESTLING, DEPUTY CITY SECRETARY, CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Chew second that the Resolution be passed with the addition of Acme Street. On roll call vote Barton 'aye', Hopkins 'aye', Stephens 'aye', Alford •a e•, Riddlesperger 'aye', Chew •aye', and Mayor "aye". Motion carried unanimously. 12. Contracts A. The Council considered approval of a contract with the City of Denton's Parks and Recreation Department and the Dentor. Boy's Baseball, Inc. Assistant City Manager Betty McKean reported to the Council that the next 4 items of the agenda were contract with sports associations to pay for officials during the upcoming seasons. Stephens motion, Chew second to ipprove the contract. Motion carried unanimously, B. The Council considered approval of a contract with the City of Denton's Parks and Recreation Department and the Denton Girl's Softball Association. Chew motion, Stephens second to approve the contract. Motion carried unanimously. C. The Council considered approval of a contract with the City f Oenton's Park and Recreation Department and the Denton Pee Wei Basketball Association. Cl-tw motion, Barton second to approve the contract. Motion carried ,nanimously. 0. The Council considered approval of a contract with the City of Denton's Park and Recreation Department and the Denton Soccer Association. Hopkins motion, Chow second to approve the contract. Motion carried unanimously. E. The Council considered approval of an agreement between the City of Denton and the City of Crossroads to allow the City of Crossroads to use our landfill at no charge. Assistant City Manager Swehla reported to the Council at the citizens of Crossroads had been very cooperative and helpful in keeping the roadway to the landfill site free of debris. Chew motion, Hopkins second to approve the agreement. Motion carried unanimously. 13. The Co-,ncil considered selection of a Council Subcommittee tj review Council districts and to set a date for a public hearing on proposed revisions. Council Members to comprise the Subcommittee to review Council districts were designated as Alford, Chew, Stephens, and Riddlesperger. Riddlesperger motion, Alford second to have the committee bring their recommendation to a Public Hearing on November 16. Notion carried unanimously. 14. There was no official action on Executive Session Items: A. Legal Matters 8. Real Estate C. Personnel 0. Board Appointments 16. No new items of business for future agendas were suggested. The Council adjourned into Executive Session at 8:33 p.m. RICHARO , MAYOR CHARLOTTE ALLEN, CITY SECRETAWY Ca79C I I CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT: Bid # 9050 CIP Waterlines 1982 SUMMARY: This bid is for the construction of water lines on Myrtle, Normal, Bryan and Alice streets. This in- cludes approximately 5,040 linear feet of 6" PVC water line. This is a part of the Capital Improve- ments Project. The bids were opened on October 14, 1982. ACTION REQUIRED: Approval. of low bid by council. SOURCE OF FUNDS: Water Bond Funds. RECO;tME NDATION: We recommend this bid be awarded to the low bidder of Tri-J C.na:truction of Paris, Texas, for the amount of $109,624.00. This award subject to the refinancing of Water Bond Funds within 90 days therby making the funds available to complete this project. The Public Utilities Board recommends this bid be approved. EXHIBITS: Agenda memo from Bob Nelson, tabulation sheet. SUBMITTED BY: y / Jo J. arshall, C.P. Purchasing Agent 01D 1 9050 ; 81D CIP Waterline Project OPEN !0-l6-82 Oscar Atkins DM Pen Jay-Mar Cullum E i J Murray Dickerson Trt-J Rends Bros. Utilitte Siva 6 Corp. Const. Contractin, Const. Const. Const. ACCOUNT Contraatf 5 Equip. Co. Co. Co. j Co. ____rfIR_5ESCRl PT ION VEN It VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR— R i ,s Total Bid 35,290.00 118,276.3 199,665.0 236,651.8 160,628.0 197,871. 191,804.10 10,597.00 143,652.1 109,624. Bid Bond yes yes yes yes yes yes yes yes yes yes (i f i I November 2, 1982 CITY COUNCIL AGENDA SUBJECT: Consider Recommendation of Award of Bid for Four Water Line Projects (5,040 L.F. of V water line), Myrtle, Normal. Bryan and Alice Street. S IMMARY : Bids were opened on the above-referenced projects October 14, 1962. A total of ten bids were received ranging from $109,624.10 to $236,451.80. (See Exhibit I) FISCAL SUMMARY: First Recommendation: Tri-J Construction $109,624.10 - Second Recommendation: Dickerson Construction Company $1439452.10 Third Recommendation: Jay-Mar Corporation $1600628.02 Source of Funds: Water Bond Funds ACTION REQUIRED: Recommendation by City Council to accept or reject the low bid from Tri-J Construction Company for the four water line projects in the amount of $109,624.10. RECOMMENDATION: The Public Utilities Board, at their meeting of October 19, 1982, recommended to the City Council acceptance of the low bid from Tri-J Construction in the amount of $109,624.10. If for any reason the low bid is not accepted, we recommend the two alternatives as shown above. Respectfully, R. E. Nelson Director of Utilities 4ti ('n4- EXHIBIT I Bid Tabulation '0' t 60 1371U ~~g~w~ Sit\% ' CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 COUNCIL AGENDA ITEM 6 Consent Agenda SUBJECT: Bid 6 9052 Streetlights and Brackets SUMMARY: This bid is for the purchase of High Pressure Sodium Streetlights in the 100 watt size and the 250 watt size. Some are replacements for Warehouse stock and others are destined for projects such as Fort Worh Drive, Dallas Drive, Loop 288 and from Highway 380 to Morse Street. ACTION REQUIRED: Approval by Council and award of bid. SOURCE OF FUNDS: Warehouse working capital account 6710-004-0598-8708. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification as listed below: Item 61 To Graybar Electric at $46.92 each for a total of $14,016.00 Item 62 To Temple, Inc. at $57.50 each for a total of $14,375.00 Item 63 To Temple, Inc. at $74.00 each for a total of $220200.00 Item 64 To Cummins Supply at $12.30 each for a total of $4,305.00 Item 65 To Cummins Supply at $51.05 each for a total of $4,522.50 The price of $50.11 submitted by North Supply Company for item 65 is 14" pipe. Our specifications require 2" pipe. EXHIBITS: bulatioR reet. SUBMITTED BY : Tom D. Shaw, C.P.M. Assistant Purchasing Agent BID 1_ 9052 BID TITLE Streetlights Priester Nelson Cummins North Graybar Temple 167ESCO OPENED 10/14/82 Supply Elect Supply Supply Elect. Inc. f I ACCOUNT 0 gly, ITEl1 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1. 300 Streetlight IOOW Type II 48.30 57.50 58.50 46.92 47.25 60.75 2. 250 Streetlight 100 W Type 11-4 58.80 58.70 59.75 57.66 57.50 ' 62.00 i 3. 300 Streetlight 25OW Tupe III 75.60 91.60 93.48 77.30 74.00 95.50 4. 350 Lamp 250W HPS 17.60 13.13 12.30 31.23 13.42 12.75 18.25 5. 50 Streetlight Bracket 14' 66.30 N/B 51.05 50.11 119.00 116.50 N/B i f FOB Denton De ~S Denton Denton Denton Denton Denton Terms Net Net Net Net Net Net Net V CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 COUNCIL AGENDA ITEM Consent Agenda SUBJECT: Bid # 9057 Miscellaneous Water Supplies SUMMARY: This bid is for the purchase of fire hydrants, manhole rings and lids and water meter boxes. This material is replacement for Warehouse stock and will be used in the maintenance and construction of the water distribution and sewage collection system. ACTION REQUIRED: Approval by council and award of bid. SOURCE OF FUNDS: Warehouse Working Capital account 0710-004-0598-8708. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification as follows: Item 41 Fire Hydrants to Bowles b Eden at $414.00 each for a total $10,350.00. Item 02 Ma-Lhole Rings to Trans-Tex Supply at $50.00 each for a total $1,500.00. Item 03 Manhole Lids to Trans-Tex Supply at $35.00 each for a total $2,100.00. Item 04 Meter Box to Trans-Tex Supply at $14.30 each for a total $2,860.00. Item 05 Meter Box Lid to Trans-Tex Supply at $1.20 each for a total $1,4411.00. EXHIBITS: buIatio sheet. SUBMITTED BY: Tom D. Shaw, C.P.M. Assistant Purchasing Agent BID t 9057 BID TITLE Hisc. Water Supplies OPENED 10/19/82 Pitting Bowles 6 Industrial Trans-Tex Rohan Metroplex ACCOUNT B Supply Eden Internat'l Supply Utility Y ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1. 25 Fire Hydrants 413.00 414.00 445.00 463.75 424.15 407.80 2. 30 Manhole Rings 53.20 52.00 55.60 50.00 54.34 57.50 3. 60 Manhole Lids 45.00 48.00 48.25 35.00 46.34 49.00 4. 200 Meter Box 34A 14.70 14.75 17.85 14.30 15.00 15.50 5. 200 Meter Box lid 34A 8.30 8.25 8.55 7.20 8.51 8.80 TERMS NET % 10 2% N 30 2% N30 2% 10 NET FOB Denton Denton ' Denton Denton Denton Denton - i I i e ! November 2, 1982 CITY COUNCIL AGENDA ITEM SUBJECT: Emergency Turbine Maintenance Contract, P. O. #54942. SUMMARY% Due to load cycling, it was determined that the stage #17 rotor buckets would be required to be replaced during the Fall of 1982. Purchase order #52327 was awarded to the General Electric Company March 17, 1982 in the amount of $246,103 for the buckets and $30,000 for bucket replacement and other miscellaneous repairs. It was planned to send the rotor to the Lynn, Massachusetts, factory for the bucket replacement, in order to obtain the best job including high speed balancing. The quotation for this was $61,270 as per a July 6, 1982, quotation. This quote did not include freight costs. The Dallas General Electric shop submitted a quotation of $43,175 to do the same bucket replacement; however, the ---Dallas shop is not able to do high speed balancing. Repair in the Dallas shop will reduce down time with a savings of about $27,000 which can be used for high speed balancing after rotor is reinstalled in the turbine if required. The Public Utilities Board recommended approval of this quotation September 22, 1982. When the turbine was disassembled, -it was found that it had experienced a completed failure of one bucket in stage 14 which broke loose and damaged all the adjacent diaphrams and spill strips, as well as the retaining ring. General Electric has submitted a quote in the amount of $9,960 for the parts that can be visibly inspected. There may be additional parts required when the rotor is x-rayed in the shop. FISCAL SUMMARY: Amount Account # $53,135 02-51-83-39 ACTION REQUIRED: Approval or disapproval of P. O. #54942. 1371U/4 "COMMENDATION: The Department of Utilities recommends that these parts and labor contracts be accepted, in order to repair the machine and have it available for service as soon as possible. Respectfully, R. E. Nelson Director of Utilities 1371U/5 CITY OF bENTON, PURCHASING DEPT. PURCHASE ORDER NUMBER 54942, 215 E. McKinney Denton, Texas 76201 817/5668311 0/FN! Metro 267.0042 DASI 9/10/82 E1D No. 9062 rtEME W.O. NO. VENOOf NO. OtLIVler Acct. No. 610-008-0051-8339- E General Electric Co, sNa i b S Division 8101 Stemmons Fwy. To: CITY Of DENTQN Power Generating Plant P.O. Box 2258121 1701 Spencer Road Dallas, TX 75265 Denton, TX 76201 SHOW P.O.NO.ON ALL SHIPMENTS,DELIVERY TICKETS,INVOICES ETC,.'FND INVOICES TO ACCOUNTS PAYABLE,TH£ CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL 1120. THE CITY O.f OE IIT'JN iS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.O.B., CITY OF DENTON, TEXAS, ITEM CITY STOCK NUMBER DESCRIPTION GUANJUNIT PRICE AMOUNT 1. Installation of last stage buskets on #5 Steam Turbine as per quotation 341742054 dated 8/20/82 - Stage #17 and parts Lot :439175.00 and installation to repair Stage #14 as per quotation. Lot $ 91960.00 Total $53,135.00 $53,135.00 Direct All Inquiries To. CITY OF DENTON, PURCHASING DEPT. John J. Marshall, C.P.M., Purchasing Agent Tom 0. Shaw, C.P.M., Asst. Purchasing Agent / FORM ISE-5 (Cl QUOTATION NO. 341742054 CONTRACT No.t20~-1982 DATE Page of 2 NOTICE: This quotation Is void unless accepted within 30 days from INSTALLATION AND SERVICE date hereof and to subject to thanes upon notice prior to accepbnee. ENGINEERING DIVISION To W.J. Hale Denton Municipal Utilities Municipal Steam Plant 1701 Spencer Road Denton, Texas 76201 1. Work Description, Completion, Prke - General Electric Company (Company) egress as follows: life quote the following worksoope and repairs for Turbine No. 178861, City ~f Denton, (hit No. 5 Turbine rotor. 1. Receive rotor in Dallas Service Shop. 2. Blast clean. (EKoessive boiler carry-over will be charged additionally.) 3. Magnetic particle inspect, perform i.nooming inspection, run T.I.R.s and report. 4. ftnolve last stage buckets, clean dovetail, magnetic particle inspect dovetail. 5. Install new last stage buckets. Gets supplied by custamer on sep&rate order.) 6. Machine covers per drawings. 7. Low speed dynamic balance. 8. Prepare for shipment. II. Definition - Complete Installation/Maintenance Service Complete InstaliatioaMaintent nce Service can cansist of a combination of planning. management, labor. tools, and miscellaneous materials to move, install, assemble. connect, interconnect, and surt•up and'or maintain the equipment involved. This Contract is subject to STANDARD CONDITIONS FOR SERVICES on reverse side GENERAL ELECTRIC COMPANY Accepted: 19 A~ s By .D. Knopf IpurchaseO Title Service Manager By Address P.O. Box 225821 (Title) Dallas# Texas 75265 Two copes of this Contract era provided. P1ssss t.ewts and return one copy to General Stark Company at the above sddram. StAL ism' GENERAL ~ ELECTRIC QUOTATION 341742054 DATE August 20, 1982 PAGE Page 2 of 2 1. WORK MS RIPTION (Continued) Total price for abort: worksc)pe is $43,175.00. The prices for rotor and bucket woic are based on working 5 days per week, 2 shifts - 8 hours per shift. Aooeleration of the schedule, or addition to the workscope, will result in additional charges. This work is estimated to be oaipleted in 4 calendar weeks. Our prices are firm through December 31, 1982, afterwhich the prices will be escalated 1.5% for each full month or fraction thereof. foua iu•ootrcl REPLACEMENT PARTS OR FACTORY REPAIR WORK QUOTATION NO. 417CS210550 COMPANY NOTICE: roih oredoocr6a b &a *a rop6cam"I or too. ao/ ~ ryatr work MwaVN ►ekw Is wa*cf h Nriaa ow GINIRAL ILICTItiC INSTALLATION AND SUVICI irr Ik" as too we od UGA *1 " Woe. ad IAA Price Is VOW 00661 "Ood wielk &y% how do% Anna! wW, INtiINIIRINO DIVISION is do 1,a;aw, Is eow"I to ch~ w.a ad". It eaMe. ~e A Mnvaow gook4o" oot opowAak nbeA.g I elk Moeae+laa. n...e nf•r h " 400"00 ►y OWAW to wY wiw'l+ed VM en fw eAk pyrrowof, od a/b8 ar bh October 21, 1982 Ian N we *sco oh Mr. Walker Hale General Electric Company City of Denton P. 0. Box 225821 1701 Spencer Road Dallas, 'T'exas 75265 Denton, Texas 76201 Attn: Robert R. Miller (214) 688-6256 Subject: Turbine No. 178861 Dear Mr. Hale: In response to your quotation request, I am pleased to submit the following quotations item 1 - Qty. 1 Lot - 14th stage diaph, spill strips Spill strips (28).................$252.00 Each ? a 3(x. o0 5 o Springs (28) .......................$12.00 Each Plug (1} ...........................$26.00 Each Item 2 - Qty. 1 - 14th Stage Bkt. includes necessary covers, notch block and pins. Price ...........................$1,842.00 Lot Item 3 - Qty. 1 - Punch and Die (normally 2 are furnished) Price .............................5350.00 Each Delivery - F.O.H. carrier at point of shipment, Lynn, Massachusetts. Transportation charges are not included in the price. Risks of loss or damage pass to you on delivery to carrier. if I may be of further assistance, please feel free to call. Very t4R,.iller rs, r Robert *'This quotation is valid for an Specialist-Parts Administration acceptance received by us no Apparatus and Engineering Services later than November 30, 1982. RRM/ajd +a++•~: ts+~i M5 CITY OF DENTON MEMORr' NDUM DATE OF MEETING: November 2, 1982 COUNCIL AGENDA ITEM C Consent Agenda SUBJECT: P.O. # 55524 to Decision Data Computer Corp. Service/Maintenance Contract on equipment. SUKAARY: The City of Denton each year has purchased service/main- tenance contracts on most of our technical, electronic, and mechanical equipment. This contract is for the purchase of one year service/maintenance on the Data Processing Key Punch machines. We have had this service from Decision Data Computer Corp. for some three years past, with good service and response. The contract will run from October I, 1982 thru September 30, 1983 at $322.00 per month. ACTION REQUIRED: Approval by council. SOURCE OF FUNDS: Budgeted account 100-004-0017-8343. RECOMMENDATION: We recommend this contract be approved to Decision Data • Computer Corp. for the total yearly amount of $3,864.00. EM BITS: P.O. 0 55524 SUMITTED BY: *an~m J~,ar.P.M, i,P"urchasing Agent CITY OF DENTON, PURCHASING DEPT. PURCHASE ORDER NUMBER 55524 215 E. McKinney Denton, Texas 76201 81715888311 D/FW Metro 2874)042 oAn 10/27/82 to NO. VtNDOR NO. to" W.O. NO. 0krim ACCT. NO. 100-004-0017-8343 Decision Data Computer Corp. sNlr P.O. Box 93016 Chicago, IL 60673 To: CITY OF DENTON Data Processing 324-A East McKinney St. Denton, TX 76201 SHOW P.O.NO.ON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC.SEND INVOICESTO ACCOUNTS PAYABLE,THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BfLt 090. THE CITY OF DENTON IS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.0.6., CITY OF DENTON. TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOUNT 1. Maintenance of 3 key punch machines for time period of October 1, 1982 thru September 30, 1983 12 mos $322,00 $3,864.00 I $3j864.00 Direct All Inquiries To: CITY OF DENTON, PURCHASING DEPT. John J. Marshall, C.P.M., Purchasing Agent Tom D. Shaw, C.P.M., Asst. Purchasing Agent CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT: P.O. # 55602 to Hewlett Packard for Service/Maintenance contract. SUMMARY: This contract covers the computer equipment at the Power Generating Plant that controls the automatic switching devices. A service/maintenance contract is necessary in order that this technical equipment can be properly maintained and keep in operations at all times and that emergencies will be handled immediately. We have had this type of contract with the purchase or rental before and have found it efficient and cost effective. ACTION REQUIRED: Approval by council. SOURCE OF FUNDS: Budgeted account 610-008-0253-8343-E592. RECOKMENDATION: We recommend this service/maintenance contract be approved on the Hewlett Packard Computer Equipment. This contract is for one year at $562.80 per month or $6,753.60 total. EXHIBITS: Purchase der #55602 and copy of contract. SUBMITTED BY: t to h J, a s hall, C.P.M. urch sing Agent ~P : A HEWLETT KARD SOUTHERN SALES REGION-50:10 MARK IV PARKWAY, FORT WORTH, TEXAS 76106 October 5, 1982 Mr. Ray Wells City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Wellss The enclosed revision(s) reflect changes in prices and/or the product list of the HP Support Agreement control number(s) shown below. Prices quoted are firm only for thirty days from the date of this letter, To prevent interruption of guaranteed support, please return written authorization to invoice for the new amount within thirty days from the date of this letter, Purchase orders, or other written authorization to invoice, should refep-ence the HP control number(s) shown below, You may use this cover letter for authorization by completing and signing below, Hewlett Packard appreciates the opportunity to continue support on your HP products, If there are any questions, please do not hesitate to contact us. Sincerely, HEWLETT PACKARD COMPANY 9*7" ,l1 Janes Hollingshead District Service Manager Computer Systems Enclosures - ~ AUTHORIZED CUSTOMER SIGNATURE DATE PURCHASE ORDER NUMBER _ - 31942723-1 CSSA0173443185 - TYPED-NAME AND-TITLE HP CONTROL NO. HP CSSA NO. [hp3HEWLETT CUSTOMER SUPPORT SERVICES PACKARD AGREEMENT - ) I ORDER FOR SUPPORT SPECIFIED ON EXHIBIT 2A CONTROL NUMBER 31942723-1 OF AGREEMENT NO CSSA0173443125 DATED_ Oct- 13. 1980 ORIGINATING DATE Sept. 29. 198 REVISION DATE COMMENCEMENT DATE June 1. 1982 _ THFOtIM Sept. 30, 1982 EQUIPMENT LOCATION o s/ it same as invoice to Address PURCHASE ORDER NO COMPANY City of Denton. Power Generating INVOICE SCHEDULE: STREET 1701 SoPSloer Road Plant U MONTHLY 0 QUARTERLY 0 ANNUALLY (Xnr Denton ❑ ADVANCE (Short Term Option)-Months STATE Texas ~p 76201 TELEPHONE 214/434-2520. ext. 276 CONTACT Jolni Shar>ae AGREEMENT CONTACT aS✓ it same as invoice to Address INVOICE TO ADDRESS COMPANY COMPANY City of Denton STREET STREET blinigipal Bldg., Accts. Payable rbntan Cny CITY STATE ZIP STATE iraa ZIp,,,,76201 _ _ ATTENTION.. MY Wells MARK FOR Ac=lnt-q Payable ITEM NO. PRODUCT NO. SERULNO. OSSOMPTIONICOMMENTS OTY. UNIT EXTENDED CHARGE I CHARGE (See Attached Listing) TOTAL CHARGE THIS PAGE S New rd: 8/82 Contract, Transfer T WICES AE FIRM FOR 30 Paquote tnf DAYS INTERNAL USE SUMMARY OF CHARGES Repair Ottice 3194 Monthly Charge Summary S 402.OG Zone 02 )_0 System type 1000 Extended Tr=11-7p Customer No 3194-10300-4 Extended Coverage (SAM to days wk) 40 % $_1_60&0 Order No Other- Prepared t3y C. Nolen TOTAL MONTHLY CHARGE 562.80 W.4.31+MM 440 CEOCONTAMFOFM Page t elf 2 F WLETT CUSTOMER SUPPORT SERVICES CKARO AGREEMENT ORDER FOR SUPPORT SPECIFIED ON EXHIBIT A CONTROL NUMBER--M427231 OF AGREEMENT NO. 0173443185 DATED OCt. 13, 1980 UNIT EXTENDED ITEM NO. PRODUCT NO. SERIAL NO. DESCRIPTIONlCOMMENTS OTY. CHARGE CHARGE 1 2113B 2130A00614 COMPUTER 1 84.00 84.00 2 12991B POWER FAIL RECOVERY 1 15.00 15,00 3 12747H 128KB HI PERF MEMORY 3 14.00 .42.00 4 2102E MEMORY CONTROLLER 1 f0.00 10.00 5 12731A MEMORY EXPANSION KIT 1 8.00 8.00 b 128928 MEMORY PROTECT 1 13.00 13.00 7 12897B DUAL CHANNEL PORT 1 12.00 12.00 CONTROLLER 8 12778Li DMS INSTRUCTIONS 1 7.00 7.00 t4K ROMS? 9 7900A 162SA05520 MOVING HEAD DISC 1 129.00 129.00 DRIVE, 4.9 MB 10 13210A DISC CONTROLLER 1 20.00 20.00 ti 132i5A 15151405531 7900A POWER SUPPLY 1 12.00 12.00 MICROCIRCUIT DUPLEX 2 11.00 22.00 12 125668 REGISTER 13 12539C TIME BASE GENERATOR 1 4.00 4.00 14 12966A BUFFERED ASYN I/F b 4.00 24.00 TOTAL CHARGE THIS PAGE S 4 0 2. I] 0 DEC CONTAOL COMA CONIMAT" AEV 440 SNOIE BEET - OADCA UT. NO 50l0.22MD) CCkftTEA WEED - GADEA 0 N 5055-6062 Page 2 am- of 2 CITY OF DENTON, PURCHASING DEPT. PURCHASE ORDER NUMBER 55602 215 E. McKinney Denton, Texas 76201 517/5tW8311 D/FW Metro 257-0042 DATE 10/27/82 No No. V1114100e No. TMUS W.O. No. OVUVRY ACCT. NO-610-008-0253-8343- E592 E592 Hewlett Packard Southern Sales Region TO: CITY OF DENTON Metering b Substations P.O. Box 1270 901 Texas St. Richardson, TX 75080 Denton, TX 76201 SHOW P.O. NOON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC.. SEND INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON, TEXAS Is EXEMPT FROM SALES TAX AS PER HOUSE BILL V20. THE CITY OF DENTON IS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.O.B, CITY OF OENTON, TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION OUAN /UNIT PRICE AMOUNT 1. Control Number 31942723-1 Maintenance Service Agreement as per following date: October 1, 1982 thru Sept. 30, 1983 12 mont s $562.80 $6,753.60 Direct All Inquiries To: CITY OF DENTON, PURCHASING DEPT. John J. MaraNll, C.P.M., Purchasing Agent Tom D. Shaw, C.P.M., Asst, Purchasing Agent CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date: October 19, 1982 Subject: Approval of a funding agreement with Fred Moore Child Care Center. Summary: The attached contract with Fred Moore Child Care Center is for the purpose of providing day care for low income families (which include free lunches, dental care and yearly medical examinations provided by an area volunteer). The provisions of the contract were negotiated in a series of meetings with representatives of the Human Resources Committee and Fred Moore Child Care Center. The City agrees to provide a maximum of $4,056.00 fDr funding of program services. The service is to begin on October 1, 1982. Action Required: Approval of the contract Alternatives: 1. Approve the contract 2. Disapprove the contract 3. Re-negotiate the contract Source of Funds: Aaximum of $4,056.00 as approved by the in the annual City budget for fiscal 1982- 1983. Recommendation: The Human Resources Committee unanimously recommended approval and the Planning and Community Development Department recommends approval. Exhibits: 1. Funding Agreement 2. Human Resources Committee minutes of eeting of June 7, 1982 ~~,~t~~, lam'/.~,~/,--~ Charles Watkins Senior Planner 231L FUNDING AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This Agreement is hereby entered into by and between the City of Denton, Texas, a Home rule Municipal Corporation, (hereinafter referred to as City) and the Fred Moore Child Care Center (hereinafter referred to as Agency)f WHEREAS, the City's Human Resources Committee 1HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agency: and WHEREAS, the City has determined that the Agency merits assistance and has provided for Four Thousand Fifty-six and No/104 Dollars ($4,056.00) in its budgets NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to provide day care for low income families (which includes free lunches, dental care and yearly medical examinations provided by anti area volunteer). B. To provide information and referral services. Co To provide protective day care for abused children. D. To provide family self-support services. II. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1982 through September 30, 1993. i FUNDING AGREEMENT-FRED MOORE CHILD CARE CENTER-PAGE ONE ~ III. USE OF FUNDS City funds made available under this Agreement shall t,e utilized by the Agency to perform the followings A. The funds paid to Agency are to be used to provide the scope of services provided for herein. IV, METHOD OF PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions In one (1) lump sum payment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximpm sum of Four Thousand Fifty-six and N01100 Dollars (S4,0S6,00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored, The Agency agrees to make available its financial records for review by the City at the City's discretion, In addition, the Agency agrees to provide the City the following data and/or reportai A. All external or internal audits. 8. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteriar 1. Number of children served each month. 2. Huriber of Information and referral requests handled quarterly. 3. Income level of families participating in program. 0. Quarterly financial statements submitted in January, April, July, and September to include expenses and Income. i FUNDING AGREEMENT-FRED MOORE CHILD CARE CENTER-PAGE TWO VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. S. Agency's failure to comply with the terms and conditions of this agreement, C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrgIng out of this agreement is rendered impossible or infeasible. ' In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of terminationo the Agency will remit to the City any unexpended City f-.nds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this funding Agreement as of the day of 1982. CITY OF DENTON, TEXAS FRED MOORE CHILD CARE CENTER CITY MANAGER DIRECTOR ATTEST. ATTE3Ts CITY SECRET RY iRRETARY APPROVED AS TO LEGAL FORMS C. J, TAYLOR, JR., CITY ATTORNEY SY: FUNDING AGREE ENT-FRED MOORE CHILD IkRE CENTER-PAGE THREE i ' Minutes Yuman Resources Committee (HRC) • + June 7, 1982 Page 3 with SPAN's budget and m-inagement. She said that Denton's program is operated the most inexpensively in state except for Galveston's program. Nis. Connor moved to fund SPAN $22,000. Seconded by Mr. Moieno and unanimously carried. H. Denton Area Crisis (,enter - This agency requested $3,990 to train staff in chemical abuse counseling. Mr. Meyer :stated that the Crisis Center works with people over the state, but is only asking the City of Denton for funding. Nis. Connor said the agency could contact NTSU concerning training programs. Mr. Pickens moved to deny request. Seconded by Nis. Rawdon and unanimously carried. 1. Handi-Hop - This pilot program initiated by the Human Resources Committee last year to provide transportation to the city's handicapped requested $15,021. Continuation of the program and its benefits were discussed. If estimated trips (300 at $4 per trip) are not taken, the allocated money is not spent. Mr. Riddlesperger arrived at the meeting. Mr. Crouch moved to fund Handi-Hop $15,021. Seconded by Nis. Rawdon and unanimously carried. Human Services Survey - The committee discussed the need of a new human resources survey. The survey would establish the needs of the community and define criteria for city financial assistance. Mr. Meyer said the present survey is five years old. The cost of the present survey was $5,000. Mr. Crouch moved to allocate a maximum of $10,000 for a new human services survey. Seconded by Ms. Kreps and unanimously carried. Discussion resumed concerning the funding of City County Day Nursery and Fred Moore Child Care Center. Mr. Crouch suggested that the justification for funding agencies should not be the agency, but individual,; who need the services. He also said he felt that the committee should require standards for funding. Minutes Human Resources Committee (IIRC) June 7, 1982 Page 4 Ms. GL,`I said she felt it was importsnt to remember the differences as well as the similarities of the two day care centers. Fred Moore Child Care Center and City County Day Nursery are the only low income child care centers in the Denton area. Both agencies have received federal cutbacks, thus reducing the amount of money available for food supplies. The committee discussed the need for the community to adequately feed the children agencies. being cared for these allowed to work instead these children, parents of receive welfare benefits. Mr. Riddlesperger suggested that the committee look over the COG study concerning the problem of day care centers. Day care centers appear to be abandoned by the federal government in the now federalism act. Mr. Pickens moved to fund Fred Moore Child Care Center the requested $4,056 and City County Day Nursery the requested $6,000 in order to provide assistance with the food program. Seconded by Ms. i Price and unanimously carried. L - Discussion resumed concerning the funding of Friends of the Family. Ms. Connor moved to fund $23,000 of requested $25,000 to Friends of the Family. Seconded by Mr. Pickens and unanimously carried. Mr. Riddlesperger left meeting at this time. Discussion resumed of funding RSVP. Mr. Crouch moved to reconsider $4,000 recommendation. Seconded by Mr. Pickens and unanimously carried. Mr. Pickens moved to fund RSVP $4,000. Seconded by Ms. Rawdon. Motion carried, (Mr. Moreno voted no.} Discussion concerning emergency amendment to RSVP funding request fo.lowed. Mr. Crouch moved to recommend an emergency amendment of $3,500 (same as last year's request) to RSVP for 1981-82 budget. Secunded by Mr. Pickens. Motion carried. (Mr. Moreno voted no.) Minutes Human Resources Committee (HRC) June 7, 1982 Page 2 C. City County Day Nursery - The committee decided to further discuss this agency request before a decision Hof recommendation or denial was made. D. Erred Moore Child Care Center - The committee decided to Curther discuss this agency request bofore a decision of recommendation or denial was made. h. Friends of the Family - This agency requested $25,000 for local match money to provide services to battered spouses and victims of rape and incest. Mr. Mey°.r stated that the request was a 251 increase over last year's request. Ms. Gaupp said that there may be justification for some increase because of larger quarters, more people and staff, and a consic.=rably larger and better program. Ms. Kreps stated there has been a big increase in rent. The committee decided to further discuss this agency request before a decision of recommendation or denial was made. F. RSVP - This agency requested $5,000 toward continuation and growth of the program. The city has funded RSVP since 1976, except last year when a legal opinion concerning conflict of interest prevented city funding. Mr. Pickens moved to fund RSVP $4,000 from an historical perspective. Ms. Connor seconded motion. Aye - Connor, Pickens, Price and Crouch. Nay - Rawdon, Kreps, and Moreno. Motion carried. A request from RSVP for city financial assistance was made in a letter to Chairperson Gaupp concerning an emergency amendment to 1981-82 budget. Previously mentioned, there was no financial assistance to the current budget. The committee decided to further discuss this request before recommendation or denial. G. SPAN - This agency requested $22,000 for continued support of services through transportation and hot meals for older people in the City of Denton. Nis. SPAN, Nis. Connor is expressed could that she %as exist impressed SPAN. Nis. P CITY COUNCIL AGENDA BACK-UP S(1MAtARY SHEET Date: October 19, 1982 Subject: Approval of a funding agreement with City, County Day Nursery. Summary: The attached contract with City-County Day Nursery is for the purpose of provid- ing low cost day care to low income families where both parents work. The provisions of the contract were negotiated in a series of meetings with representatives of the Human Resources Committee and City-County Day Nursery. The City agrees to pay a maximumgg, sum of Service 0 is to assist begin on October n1919$2. Action Required: Approval of the contract Alternatives: 1. Approve the contract 2. Disapprove the contract 3. Re-negotiate the contract Source of Funds: A maximum of $6,000.00 as approved by the City Council for non-departmental expenses in the annual City budFet for fiscal 1982- 1983. Recommendation: The Human Resources Committee unanimously recommended approval and the Planning and Community Development Department recommends approval. Exhibits: 1. Funding Agreement 2. Human Resources Committee minutes of meeting of June 7, 1982 Charles Watkins Senior Planner 232L FUNDING AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSs COUNTY OF DENTON S This Agreement is hereby entered into by and between tha City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as city) and the Denton City-County Day Nursery (hereinafter referred to as Agency)t WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agencyt and WHL'..EAS, the City has determined that the Agency merits assistance and has provided for Six Thousand and No/100 Dollars (56,000.00) in its budget# NOW, THEREFORE, the parties hereto mutually agree as followss 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks A. The Agency's purpose is to provid4 low cost day care to low income families where both parents work. B. To provide two nutritional meals (breakfast and lunch) for the children. it. TIME PERFORMANCE The services funded by the City shall he undertaken by the Agency within the following time frames October 1, 1982 through September 30, 1983. III. USE OF FUNDS City finds made available under this Agreement shall bl utilized by the Agency to perform the followings A. The funds paid to Agency are to be used to provide the scope of services provided for herein. I'UNDINU AGREEMENT-DENTON CITY-COUNTY DAY NURSEAY-PAGE ONE i IV. METHOD OF PAYMENT The City agrees to make payment to the Agency upon submis- ston of approved requisitions in one 11) lump sum payment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum Bull of Six Thousand and No/300 Dollars 1$6400.00) for all of the services rendered. V. t EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reportas A. All external or internal audits. B, All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to Include the following criteria: 1. Number of children served each month. 2. Income level of families participating in program. D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the followings Agency's Improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that ace incorrect or Incomplete in any material respect, or FUNDINO AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAIIE TWO r _ D. if for any reason the carrying out of this agreement is rendered impossible or infeasible. in case of suspension, the City shall advise the Agency, in „ writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City i any unexpended City funds. Acceptance of these funds shall not s . constitute a waivEr rf any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHER.EOPI the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 1982. CITY OF DENTONj TEXAS DENTON C11Y-COUNTY DAY NURSERY ATTEST! ATTEST! T SUKERTARY SORETARY APPROVED AS TO LE03AL FOR.Mi C. J. TAYLOR, JR.o CITY ATTORNEY BYt V . FUNDING AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAGE THREE Minutes Human Resources Committee {HRC) June 7, 1982 Page 3 with SPAN's budget and management. She said that Denton's program is operated the most inexpensively in state except for Galveston's program. Ms. Connor moved to fund SPAN $22,000. Seconded by Mr. Moreno and unanimously carried. It. Denton Area Crisis Center - This agency requested $3,990 to train staff in chemical abuse counseling. Mr. Meyer stated that the Crisis Center works with people over the state, but is only asking the City of Denton for funding. Ms. Connor said the agency could contact NTSU concerning training programs. Mr. Pickens moved to deny request. Seconded by Ms. Rawdon and unanimously carried. 1. Handi-Hop - This pilot program initiated by the Human Resources Committee last year to provide transportation to the city's handicapped requested $15,021. Continuation of the progracn and its benefits were discussed. If estimated trips (300 at $4 per trip) are not taken, the allocated money is not spent. Mr. Riddlesperger arrived at the meeting. Mr. Crouch moved to fund Handi-Hop $15,021. Seconded by Ms. Rawdon and unanimously carried. Human Services Survey - The committee discussed the need of a new human resources survey. The survey would establish the needs of the community and define criteria for city financial assistance. Mr. Meyer said the present survey is five years old. The cost of the present survey was $5,000. Mr. Crouch moved to allocate a maximum of $10,000 for a new human services survey. Seconded by Ms. Kreps and unanimously carried. rDisc~jssion resumed concerning the funding of City County Day Nursery and Fred Moore Child Care Center, Mr. Crouch suggested that the justification for funding agencies should not he the agency, but individuals who need the services. He also said he felt that the committee should require standards for funding. Minutes Human Resources Committee (HRQ June 7, 1982 Page 4 Nis. Gaupp said she felt it was important to remember the differences as well as the similarities of the two day care centers. Fred Moore Child Care Center and City County Day Nursery are the only low income child cars centers in the Denton area. Both agencies have received federal cutbacks, thus reducing the amount of money available: for food supplies. The committee discussed the need for the community to adequately feed the children being cared for by these agencies. By caring for these children, parents are allowed to work instead of receive welfare benefits. Mr. Riddlesperger suggested that the committee look over the COG study concerning the problem of day care centers. Day care centers appear to be abandoned by the federal government in the new federalism act. Mr. Pickens moved to fund Fred Moore Child Care Center the requested $4,056 and City County Day Nursery the requested $6,000 in order to provide assistance with the food program. Seconded by Ms. L, r ice and unanimously carried. Discussion resumed concerning the funding of Friends of the Family. Nis. Connor moved to fund $23,000 of requested $25,000 to Friends of the Family. Seconded by Mr. Pickens and unanimously carried. Mr. Riddlesperger left meeting at this time. Discussion resumed of funding RSVP. Mr. Crouch moved to reconsider $4,000 recom.aendation. Seconded by Mr. Pickens and unanimously carried. Mr. Pickens moved to fund RSVP $4,000. Seconded by Ms. Rawdon. Motion carried. (Mr. Moreno voted no.) Discussion concerning emergency amendment to RSVP funding request followed. blr. Crouch moved to recommend an emergency amendment of $3,500 (same as last year's request) to RSVP for 1981-82 budget. Seconded by Mr. Pickens. Motion carried. (Mr. Moreno voted no.) Minutes Human Resources Committee OIRC) June 7, 1982 Page 2 C.f City County Day Nursery - The committee decided to further discuss this agency request before a decision of recommendation or denial was made. l__- U. Fred Moore Child Care Center - The committee decided to further discuss this agency request before a decision of recommendation or denial was made. H. Friends of the Family - This agency requested $25,000 for local match money to provide services to battered spousal and victims of rape and incest. Mr. Meyer stated that the request was a 25% increase over last year's request. Ms. Gaupp said that there may be justification for some increase because of larger quarters, more people and staff, and a considerably larger and better program. Nis. Kreps stated there has been a big increase in rent. The committee decided to further discuss this agency request before a decision of recommendation or denial was made. F. RSVP - This agency requested $5,000 toward continuation and growth of the program. The city has funded RSVP since 1976, except last year when a legal opinion concerning conflict of interest prevented city funding. Mr. Pickens moved to fund RSVP $4,000 from an historical perspective. Ms. Connor seconded motion. Aye - Connor, Pickens, Price and Crouch. Nay - Rawdon, Kreps, and Moreno. Motion carried. A request from RSVP for city financial assistance was made in a letter to Chairperson Gaupp concerning an emergency amendment to 1981-82 budget. Previously mentioned, there was no financial assistance to the current budget. The committee decided to further discuss this request before recommendation or denial. G. SPAN - This agency requested $22,000 for continued support of services through transportation and hot meals for older people in the City of Denton. Ms . Rawdon said that Handi-Hop could not exist without SPAN. Nis, Connor expressed that she was impressed CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date: October 19, 1982 Subject: Approval of a funding agreement with Retired Senior Volunteer Program. Summary: The attached contract with Retired Sen!.or Volunteer Program is for the purpose of providing opportuntties for retired persons sixty years of age or older to do volunteer in the community. service The provisions of the contract were negotiated in a series of meetings with representatives of the Human Resources Coittnittee and Retired Senior Volunteer Program. The contract requires that quarterly performance reports be submitted to the City. The City agrees to pay a maximum of $4,000.00 for services provided. Service is to begin on October 1, 1982. Action Required: Approval of the contract Alternatives: 1. Approve the contract 2. Disapprove the contract 3. Re-negotiate the contract Source of Funds: A maximum of $4,000.00 as approved by the City Council for non-departmental expenses in the annual City budget for fiscal 1982- 1983. Recommendation: The Human e t 1 recommended approval andbthe Planning and Communi%:, Development Department recom- mends approval, Exhibits: 1. Funding Agreement 2. Human Resources Committee minutes of eeti of June 7, 1982 Charles Watkins Senior Planner 230L FUNDING AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRE5RNTSi COUNTY OF DENTON S This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City), and the Retired Senior Volunteer Program (RSVP). (hereinafter referred to as Agency)t WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, color, religion, age or national origin, and therefore HRC recommends funding the Agencyr and WHEREAS, the City has determined that the Agency merits assistance and has provided for Four Thousand a..d No/100 Dollars (i1,000.00) in its budget) NOW, THEREFORE, the parties hereto mutually agree as follows 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasksi A. The Agency's purpose is to offer opportunities for retired persons sixty (60) years of age or older to do volunteer service in the community. B. To remove obstacle,, that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which volunteers can serve and with stations representative to design job descriptions for services needed. D. To recognize volunteers for their valuable service. To recognize supportive staff in cooperating agencies. E. To recruit, place and train volunteers. It. TIME PERFORMANCE The services funded by the City shall be undertaken by the FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE ONE Agency within the following time frames October 1, 1982 through September 30, 1983. III. USE OF FUNDS City funds made available under this Agreement shall be utilized by the Agency to perform the followings A. Upon request, reimburse volunteers for mileage from home to place of service and back. B. For accident and liability insurance for active volunteers plus excess automobile insurance for those volunteers who drive their cars. C. For recognition purposes, IV. MEMO OF PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) allotment, it is expressly understood and agreed that ),n no event under the oterms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Four Thousand and N01100 "llars ($4,000.00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or seportes A. All external or internal audits. B. All external or internal evaluation reports. ~ts C. AprilerJuly afondrmSeptance to includes thenfollowing criterias 1. Number of active senior volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve, VM DING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE TWO D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the followings A. Agency's improper, misusdr or inept use of funds. 0. Agency's failure to comply with the terms and conditions of this agreement. I C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or of this agreement D. if for any ssible or carrying infeasible. rendered reason In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 1982. CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM I MANAGER DINECTO ATTEM ATTESTi TAR R APPROVED AS TO LEGAL FORMr C, J./YTAYLOR, JR., CITY ATTORNEY BY: (y- FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-FACE T"IREE Minutes Human Resources Committee (HRC) June 7, 1982 , Page 4 Ms. Gaupp said she felt it was important to remember 'he differences as well as the similarities of the two day care centers. Fred Moore Child Care Center an.i City County Day Nursery are the only low income child care centers in the Denton area. Both agencies have received federal cutbacks, thus reducing the amount of money available for food supplies. The committee discussed the need for the community to adequately feed the children being cared for by these agencies. By caring for these children, parents are allowed to work instead of receive welfare benefits. Mr. Riddlesperger suggested that the committee look over the COG study concerning the problem of day care centers. Day care centers appear to be abandoned by the federal government in the new federalism act. Mr. Pickens moved to fund Fred Moore Child Care Center the requested $4,056 and City County Day Nursery the requested $6,000 in order to provide assistance with the food program. Seconded by Ms. Price and unanimously carried. Discussion resumed concerning the funding of Friends of the Family. Nis. Connor moved to fund $23,000 of requested $25,000 to Friends of the Family. Seconded by Mr. Pickens ,-ad unanimously carried. Mr. Riddiesperger left meeting at this time. r 5iscussion res+:med of funding RSVP. Mr. Crouch moved to reconsider $4,000 recommendation. Seconded by Mr. Pickens and unanimously carried. Mr. Pickens moved to fund RSVP $4,000. Seconded by IMs. Rawdon. Motion carried. (Mr. Moreno voted no.) L-- Discussion concerning emergency amendment to RSVP funding request followed. Mr. Crouch moved to recommend an emergency amendment of $3,500 (same as last year's request) to RSVP for 1981-82 budget. Seconded by Mr. Pickens. Motion carried. (Mr. More,to voted no.) Minutes Human Resources Committee (HRC) June 7, 1982 Page 2 C. City County Day Nursery - The committee decided to further discuss this agency request before a decision of recommendation or denial was made. D. Fred Moore Child Care Center - The committee decided to further discuss this agency request before a decision of recommendation or denial was made. H. Friends of the Family - This agency requested $25,000 for local match money to provide services to battered spouses and victims of rape and incest. Mr. Meyer stated that the request was a 25t increase over last year's request. Ms. Gaupp said that there may be justification for some increase because of larger Auarters, more people and staff, and a considerably larger and better program. Ms. Kreps stated there has been a big increase in rent. The committee decided to further discuss this agency request before a decision of recommendation or denial was made. F. (RSVP - This agency requested $5,000 toward continuation and growth of the program. The city has funded RSVP since 1974, except last year when a legal opinion concerning conflict of interest prevented city funding. Mr. Pickens moved to fund RSVP $4,000 from an historical perspective. Nis. Connor seconded motion. Aye - Connor, Pickens, Price and Crouch. Nay - Lawdon, Kreps, and Moreno. Motion carried. A request from RSVP for city financial assistance was made in a letter to Chairperson Gaupp concerning an emergency amendment to 1981-82 budget. Previously mentioned, there was no financial assistance to the current budget. The committee decided to further discuss this request before recommendation or denial. G. SPAN - This agency requested $22,000 for continued support of services through transportation and hot meals for older people in the City of Denton. his. Rawdon said that Nandi-Hop could not exist without SPAN. Ms. Connor expressed that she was impressed CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date: November 2, 1982 Subject: Approval of the final plat of Lot 1, Block 1, Jack Briscoe Addition. Summary: This is a one lot subdivision of a 1.154 acre tract located on the east side of Fort Worth Drive (U.S. Hwy. 377). The property is zoned commercial (C) and is presently being used as the site of a used car sales business. This business was established without plat approval or issu- ance of building permits. The zoning ordinance provides that no building per- mits shall be issued until a building site, building tract, or building lot has been created as a result of a lot or tract being recorded as a plat of record pro- perly approved by the City Planning and Zoning Commission and filed in the plat records of Denton County. A permit is re- quired for the portable building erected at this site. The owner of the property has informed staff that he was unaware of the building permit requirement, and had not been properly advised when he con- tacted staff persons regarding require- ments for erecting portable buildings. Water and sewer taps were also approved for this site before platting occurred and a building permit was issiied. recom- The Planning d of this final plat at its mended approval meeting of October 20, 1982 due to the fact that all subdivision requirements have been met; however, staff was directed to investigate the situation further to ascertain exactly how development occurred at this site without compliance with City standards. City Council Agenda November 2, 1982 Page 2 The Planning and Zoning Commission also suggested that staff members and depart- ments and divisions that are responsible for insuring that all development require- ments are met, pay closer attention to proposed building sites, and develop a system which will prevent the Fort Worth Drive situation from happening again, The Development Review Committee is reviewing this particular case so that steps may be taken to eliminate any loopholes or prob- lem areas in the development review pro- cess. Present information seems to indi- cate that a major factor in this case was the fact that a portable building was erected, and the opportunity to inspect and observe construction of a conventional building was not available. Any pertinent information rel',ting to this or similar situations will be reported to the City Manager, the City Council and the Planning and Zoning Comission. Action Required: Approval of the final plat of tot 1. Block 1, Jack Briscoe Addition. Recommendation: All City of Denton subdivision require- ments have been met and all public facili- ties are in place. The Planning and Zon- ing Commission recommended approval of the final plat at its meeting of October 20, 1982. Alcarnative: Approve the final plat. Exhibits: 1. Reduced plat 2. Planning and Zoning Commission minutes of meeting of October 20, 1982 David Ellison Development Review Planner ALFXANDgR HILL SURVEY A 'TRACT 623 v'' r l 5 89051'40£ 175.3 LOT ONE E~ e ti. BLOCK ONE ZOO $SOS2, 1,184 ACRES) 3 too, f.~.Mr t/1 Q 91 way b AALIt I N0.(,...,.« .ar gem C.Ir 1 .NKRn MM. • M N it 'N / . 1101 I VICOWN YAP kT3 Minutes . Planning and Zoning Commission October 20, 1982 Page 6 On question from Chairman, Mr. Edwards stated that City Attorney is reviewing documents and is in agreement with basic concept. He said the only thing pending is final- ization of developer agreements with the city prior to City Council acceptance of plat. Mr. LaForte moved to recommend approval of final plat of lot 1, block 1, Westpark Subdivision, pending work- ing out final agreements on dedication. seconded by Mr. Sidor and unanimously carried. (5-0) C. Approval of the final plat of the John Duncan Addition. Mr. Ellison explained request stating that property is zoned Agricultural, one house exists on property; pro- posal is to subdivide the property in order to develop another residence. He said that Development Review Committee required plans for drainage, extension of water and sewer lines, fire hydrant and improvements to Mayhill Road. Petitioner's representative was advised of requirements and informed that he could re- quest waiver of improvements to Mayhill Road. It was his feeling that owner would consider requirements cost prohibitive. Petitioner was advised that unless neces- sary engineering plans were submitted and some word re- ceived that owner would appear to request waiver, staff would assume lie was dropping the matter. He said he had heard nothing further from owner or representative and due to time factor, staff recommends denial of plat. On question, Mr. Ellison said that petitioner could request a zoning change, however he would still have to subdivide the property. Mr. LaForte moved to deny final plat of the John Duncan Addition. Seconded by Mr. Claiborne and unanimously carried. (5-0) D. fApproval of the final plat of the Jack Briscoe Addition. Mr, Ellison explained request stating that property is (UNAPPROVED) zoned Commercial and is a fully developed used car lot, that use was developed prior to approval of plat. He said that he personally had informed a representative of property that a plat would be necessary. A foundation was poured, portable building put up, driveway cut ind water and sewer tap a proved without lat approval. Petitioners advised that they had taped with Building Inspection and were informed that permit was not neces- sary, Mr. Ellison further advised that plat has been Minutes Planning and Zoning Commission October 20, 1982 Page 7 reviewed by Development Review Committee and is accept- able. He said it is fortunate that drive cut complies with city and state requirements and that there were no drainage requirements. On question, Mr. Watkins said that since plat meets requirements there is no basis for denying the plat. Chairman asked that matter be brought to attention of City Manager and suggested that City Manager urge other departments to be aware of platting requirements before issuing permits for taps, etc. He said he would like to be informed of response. Mr. bscue moved to recommend approval of final plat of Jack Briscoe Addition. Seconded by Mr. Juren and unani- L.mously carried. (5-0) E. 6 acres Consider proposed dtheneastisidefofpMayhilltRoad. Mr. Watkins presented proposed annexation statingg that the owner of a 39 acre parcel had requested permission of the City Council to extend utilities in order to develop a mobile home park; City Council directed staff to initiate annexation proceedings. Staff is recommend- ing extending current city limits line north to include property between Andrew Corporation and the Getz prop- erty for a total of approgxiely 63 acres. He advised that first public hearin bmatefore City Council is sched- uled for November 9 and second public hearing on site is scheduled for November 30, that proposal is brought to Planning and Zoning Commission at this time for a formal recommendation. On question, he said that Andrew Corpo- ration has not been contacted, that notices will be sent to property owners prior to public hearings. He further explained that purpose of annexing Getz property is to assure that mobile home park is developed in accordance with mobile home ordinance. Chairman asked about existing residence at southwest corner of proposed area, questioning annexation without providing benefits. Mr. Watkins advised that the party would be able to tie on to utilities. Mr. Sidor commented that it would not be in best interest of city to offset that property. MEMORANDUM DATE: October 27, 1982 TO: Mayor and City Council FROM: David Ellison, Development Review Planner SUBJECT: Approval of the final plat of Lot 1, Block 1, Westpark Subdivision The subject property of the above captioned final plat is the 52 acre parcel designated as the site of the proposed Brik- Pak plant. The property begins adjacent and west of the Peterbilt plant along the north side of Airport Road. The Planning and Zoning Commission has recommended approval of this final plat pending final approval of final engineering and drainage plans, and submission of an acceptable owner (s) certificate acknowledging the requirement of the completion of all public improvements. The project engineers for Brik-Pak at c the i time Development are correcting the requirements accordance comments plans in of this Review Committee writing. Staff will supply the City Council with information on tae final status of this subdivision plat at the meeting of November 2, 1982. A David Ellison Development Review Planner DE:cs NO, lot, is•t 01000, 1 i ,I :I 6 yc, g I- 40 0 .S~j XOxrN rr.~(A8 SrAre G~krVrASIF .4- 3 8!j z Z LOr BLOCK i % I I b cos ~ 840CJl 1 ~ WESTPARK g y ~ r 0 ~i V/G/N/TY MAP r ~•~•s• ~ (+vr so su t t) TIT fr-- Sds• trae•'w rye ~ IIm oa' -F $T~ ATE ~M. N%a"WAY NO 15 JS x/xa~ar x IA 0) e Sao eoo ~ ddo wo 6 RAPN/C SCA L B /N Fes r ,ire... PL A T 01c LOT BL OC k PVESrPARH C/T Y OJ= DENTON, OENTON COUNTY, TEYAS $10 0 sue01v15io,v d r A ra.4C r or 1A,V0 /,v rrt r ro eY Se.WV/.' A• ~b Aao hvt ✓ CAVJS S444VtY A- 500 Minutes Planning and Zoning Commission October 201 1982 Page 5 ill. Considerations A. Approval of the preliminary plat of the Mockingbird Lane Addition. Mr. Ellison explained request stating that a 6 ,nch water and sewer line is proposed for extension to site electrical service is available; preliminary plat meets requirements of subdivision regulations and Development Review Committee recommends approval. Mr. Escue moved to approve preliminaryy plat of the Mockingbird Lane Addition. Seconded by Mr. Juren and unanimously carried. (5-0) r B. Approval of the final plat of lot 1, block 1, Westpark Subdivision. Mr. Ellison presented request and referred questions to Mr. Edwards. Mr. Edwards outlined two areas of concern (UNAPPROVED) as: 1) Drainage - Current plans are acceptable to city but need to be coordinated with Highway Department as con- struction will be in their right-of-way and must meet their standards. He recommended approval of the plat, commenting that there might be some small technical changes after consultation with Highway Department; if any significant changes are indicated, the plat will be browght back to Planning and Zoning Commission for further consideration. 2) Owner Certificate of. Dedication on Plat - Mr, LeMond would have comments as to why standard wording of dedi- cation could not be used. Mr. Edwards explained that the owner certificate states that developer is aware that construction of sewer water and drainage is neces- sary prior to issuance of tuilding permit. Robert LeMond, representing Barworth Corporation, seller of the property, stated that prior contract with Brik Pak, purchaser of property, states that Barworth will provide water and sewer to the site but is not obligated to provide drainage, He said that standard wording addresses all three items, lie continued that they have come up with city-developer agreements; agreement be- tween Barworth and City of Denton to provide water and sewer, agreement between Brik Pak and City of Denton to provide storm drainage. He said this will accomplish the original intent with division of responsibility as per prior contract. Minutes Planning and Zoning Commission October 20, 1982 Page 6 Un question from Chairman, Mr. Edwards stated that City Attorney Is reviewing documents and is in agreement with basic concept. He said the only thing pending is final- ization of developer agreements with the city prior to City COUDCil acceptance of plat. Mr. 4aForte moved to recommend approval of final plat of lot 1, block 1, Westpark Subdivision, pending work- ing out final agreements on dedication. Seconded by L.Mr. Sidor and unanimously carried. (5-0) C. Approval of the final plat of the John Duncan Addition. Mr. Ellison explained request stating that property is zoned Agricultural, one house exists on property; pro- posal is to subdivide the property in order to develop another zesidence. He said that Development Review Committeo required plans for drainage, extension of water and sewer lines, fire hydrant and improvements to Mayhill Road. Petitioner's representative was advised of requirements and informed that he could re- quest waiver of improvements to Mayhill Road, It was his feeling that owner would consider requirements cost prohibitive. Petitioner was advised that unless neces- sary engineering plans were submitted and some word re- ceived that owner would appear to request waiver, staff would assurse he was dropping the matter. He said he had heard nothing further from owner or representative and due to time factor, staff recommends denial of plat. on question, Mr. Ellison said that petitionor could request a zoning change, however he would still have to subdivide the property. Mr. i,aForte moved to deny final plat of the John Duncan Addition. Seconded by Mr. Claiborne and unanimously carried. (5-0) D. Approval of the final plat of the Jack Briscoe Addition. Mr, Ellison explained request stating that property is zoned Commercial and is a fully developed used car lot, that use was developed prior to approval of plat. He said that he personally had informed a representative of property that a plat would be necessary. A foundation was poured, portable building put up, driveway cut and water and sewer tap approved without plat approval. Petitioners advised that they had talked with Building Inspection and were informed that permit was not neces- sary. Mr, Ellison further advised that plat has been J' ! CITY COUNCIL. AGENDA BACK-UP SUMMARY SHEET Meeting Date: November 2, 1982 Subject: Approval of an ordinance for right-of- way dedication of Bridges Street located in the Mayhill area of the city. Summary: Bridges Street which is located north of Spencer Road and is west of and parallel with Mayhill Road has never been dedicated as a street. The owners of the property where the road is situated are willing to dedicate the right-of-way to the city. The city is already maintaining the road and this will formalize its dedication to the city. Dedication will enable use of the right-of-way for utilities as well as for a roadway. Action Required: Approve the dedication Alternatives: 1. Approve 2. Disapprove 3. Table Recommendation: The Planning and Zoning Commission unani. mouldy recommends approval. Exhibits: 1. Street Dedication 2. Ordinance Accepting, Dedication 3. Map 4. Planning and Zoning Commission minutes of September 15, 1982 Charles Watkins Senior Planner 199L STREET DEDICATION THE STATE OP TEXAS $ KNOW ALL MEN BY THESE PAESENT3t COUNTY OF DENTON $ That we, Darrell Eugene Cooke Ivan Maurice Palmer, Jr. and James E. Angel, for and in consideration of the mutual advantage to accrue to the Grantors and the City of Denton do by these presents dedicate to the use of the public and the City of Denton, Texas, for the purpose of streets and utilities the following described property to-wits All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.:..P. a P.A.R. Co. Survey, Abstract No. 9271 said tract conveyed to Darrell Eugene Coot, Ivan Maurice Palmer, Jc., and James E. Angel by deed dated December 19, 1958 and recorded in Volume 442, Page 439 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southwest corner of said tract, said point Iying in Spencer Roade said point also lying 590 feet west of the southeast corner of the M.E.P. 6 P.R.R. Co. Survey, Abstract No. 927 THENCEinorth 20 east along the west boundary line of said tract a distance of 2095 feet to the northwest corrar of said tracts THENCE east along the north boundary line of said tract a distance of 51 feet to a point for a corne:s THENCE south 20 west 51 feet east of and parallel to the west boundary line of said tract a distance of 2095 feet to a point for a corner in the south boundary line of said tract] THENCE west along the south boundary line of maid tract a distance of 51 feet to the place of beginning. The re:station of consideration herein is for the purpose of providing consideration as required by law to cause this dedication to he effective and binding on all parties hereto. It is intended that the grant and dedication made herein is a gift to the public and it is contemplated the Grantors herein will claim for income tax purposes a deduction the reasonable fair cash market value of the land embraced within this dedication. PAGE ONE TO HAYS AND TO HOLD the bereinbefore described property to the public and the City of Denton, Texas, for streets and utilities forever. Executed this the day of September, 1982. D LL EUGENE COOK iVAN MAQRICE PACKER, JR. JAEE ANGEL THE STATE OF TEXAS 9 COUNTY OF 0ML ON S day This instrument was acknowledged before of September, 1991 by Darrell Eugene Cook. me on the NOTARY PUBLIC DENTON COUNTY] TEXAS My Commission expires THE STAG OF TEXAS 5 COUNTY OF DENTON S instrument This of September # 1992 by Alvan Maur ice acknowledged t Jr. on the day NOTARY PUBLIC DENTON COUNTYO TEXAS My Commission expires$ THE STATE Lt' TEXAS S COUNTY OF DENTON 5 b9fore me on the day This r92 instrument by was James E. ackno,41edged ei. of Septembe OT RY 8 IC DENTON COUNTYO TEXAS My Commission explres3 PAGE TWO 199L r NO. AN ORDINANCE ACCEPTING TEE DEDICATION By DEED FROM DARREL EUGENE COOK, IVAN MAURICE PALMER, JR. AND JAMES E. ANGEL, OF DENTONICN THE OUNTY Y.TEXASeiANDRRECORDED IN CER PROPERTY SUQTVEYN ABREAL STRACT NO 92S7ITUATED VOLUME 442, PAGE 439 OF THE DEED WXORDS OF DENTON COUNTY TO THE STREET AND DENTON, TEXASo FOR THE USE OF DECLARING AN F.:FECTIVE DATE. PROPERTY AS A THE COUNCIL OF THE C17Y OF DENTO:1 HEREBY ORDAINS: SECTION I. I-he City of Denton, Texas; hereby accepts the conveyance and dedication by deed from Darrell Eugene Cooke Ivan Maurice Palmec, Jr. and James E. Angel, of that certain real property situated in the M.E.P. 6 P.R.R. Company Survey, Abstract No. 927, Denton County, Texas, and recorded in Volume 442, Page 439 of the Deed Records of Denton County to the City of Denton, Texasr for the use of said property as a public street and for utilities, said property being more particularly described as follol~ss All that certain lot, tract or parcel of land lying and being situated in the city and county of Denton, State of Texas, and being pact of the M.E.P. i F.A.R. Co. Survey; Abstract No, 9271 said tract conveyed to Darrell deed Eugene C okecemba 19auric8 Palmer, Jr.$ and James E. Angel by de dated er , 19 Records of and enton recorded Texas, xand4being gmote gparfticthe ula ly ddescribed as D followsl BEGINNING at the southwest corner of said tract, said point lying in Spencer Road, said point also lying S90 feet west of the southeast corner of the M.E.P. E P.R.R. Co. Survey, Abstract No. 9271 ndary of said distance of s20951ofeettto thetnorhwest bouline of said tract THENCE a north tracts distance of t along feet to e a point for naaeornerte of said react a , THENCE south 20 west S1 feet east of and parallel to the west act fornaacoinereInfthe isouth boundarytline of said tractlto a point of said tract a THENCE t lest to the the south placeboundary of d beginning, distance of 51 f PAGE ONE SECTION II. The City of Denton hereby accepts the conveyance and dedication of the real property described in Section I hereof for the purposes of a public street acid for utilities. SECTION III. The Mayor of the City of Denton is hereby authorized to sign the instrument of street dedication executed by Darrell Eugene Cook, Ivan Maurice Palmer, Jr. and James E. Angel, accepting such dedication and the conditions therein on behalf of the City of Denton, Texas. SECTION IV. The Planning and Zoning Commission of the City of Denton Is hereby authorized and directed to let the real property herein dedicated be designated as a public street on the Official Map of the City of Denton, Texas. SECTION V. That this ordinance shall become effective Immediately upon its pashage and approval. PASSED A.YD APPROVED this the day of September, 1982. RICHARD 0. STF.WAkT, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEY, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMMs C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTONs TEXAS i 8Yt tt PALE rW'0 r -l, LI 1 I Z i f I L( 77 I I f I ' I I~ PD-13 BRIDGES ST. f S•g t 11V1) 1 y' I 1 SF-1 M, FAIMMMMEMWX 0 1 1 1 ~ ' fir.. ~ ~ ...r.~~+ . L-A Minutes Planning and Zoning Commission September 15, 1982 Page 2 Ill. Considerations A. Approve the dedication of Bridges Street in the Mayhill area of the city. Mr. Watkins presented item stating that the road has been in existence for about 20 years but has not been dedicated to county or city; that when area was annexed it was a gravel road, it has now been seal coated. He said that owners are willing to dedicate road to city which is an advantage to city as it can be used for traffic and also utility lines. On question, he said that it is a 50 foot road which is standard for a local street, that road has been known as Bridges, is shown on county map as Bridges and there is a sign indicating it as Bridges. He further stated he is not awarc. of any conflict with the name Bridges. Mr. Sidor moved to approve dedication of Bridges Street. Seconded by Mr. Claiborne and unanimously carried. (7-0) 8. Consider request to close a section of Pecan Street from Cedar to Elm for use as parking for the proposed Police Administration Building (221 North Elm). Bill Angelo, Senior Administrative Assistant, stated that the city is requesting that the section of Pecan Street between Elm and Cedar be closed and area be used for parking for patrol units plus two handicapped park- ing spaces; that closing has been approved by Develop- ment Review Committee. On question, he said that en- trance will be from Elm and exit on Cedar, that it will be curbed with a driveway at each end, that it will not be open like a street. On further question, he said that to his knowledge the property owners in the area were not notified, that no businesses front on this section of the street, that the loading zone for the furniture company is on Elm, that premises are used primarily for parking for the people on the Square. He said he has had no complaints about closing Pecan Street and felt the only impact would be reduced public park- ing. He continued that he felt most people are aware of necessity of the street closing, that it was discussed by the City Council at the time the plans for the old city hall were approved; that this is the formal request to close the street. CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2 1982 CITY COUNCIL AdENDA IT 5 E ACT WOR 5 TEM -TS-TOG-79 PLACED ON AGENDA) Adoption of the 1981 National Electrical Code SUMMARY: 'Cho City presently enforces the 1978 edition of the National Electrical Code. ,i. F. P. A. publishes a new edition every 3 years and the Electrical Code Board recommends the adoption of the 1981 edition of the National Electrical Code. The 181 edition is basically the same as the 178 edition. Minor changes and clarifications have been made along with new articles concerning Messenger Supported Wiring, Flat Conductor Cable, Fixed Outdoor Electric De-Icing and Snow-Melting Equipment and Fixed Electric Heating Equipment for Pipelines and Vessels. FISCAL SUMMARY: The adoption of this ordinance should involve no additional cost to the City and little or no Increase in costs to the public. ACTION REQUIRED: Adoption of proposed ordinance ALTERNATIVES: City will If he continue to proposed ordinance the n 1978 National Electrical Code, cont STAFF RKOMMENUATIONS: Staff recommends adoption of the 1981 National Electrical Code, EXHIBITS: 1. Memo to Rick Svohla II. Ordinance Minutes of the Electrical Code Board Meeting a 0 oy e, ing Oi"fTc`ia`T f CITY OF DENTON MEMORANDUM TO: Rick Svehla, Assistant City Manager FROM: Jackie Doyle, Building Official DATE: October 27, 1982 SUBJECT: Proposed Ordinance Adoption of 1981 National Electrical Code This proposed ordinance would adopt the 1981 National Electrical Code with local amendments. The local amendments are primarily the same as those made when the 1978 N.E.C. was adopted. A new edition is published every 3 years by N.F.P.A. The 181 edition is basically the same as the 178 code, however, some sections have been clarified and some have had minor changes made. There are some entirely new Articles such as: 1) Messenger Supported Wiring 2) Flat Conductor Cable 3) Fixed Outdoor Electric De-Icing and Snow-Melting Equipment and 4) Fixed Electric Heating Equipment for Pipelines and Vessels The adoption of this code should cause no problems for the City or the public. ac a Doyle, u ng OFFIciar 2{2L NO, AN ORDINANCE REPEALING SEC'CION 1-1 OF CHAPTER i, ARTICLE I OF THE CODS OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE 1178 EDITION OF THE NATIONAL ELECTRICAL CODE AND REENACTING SA S SECTION; ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS THERETO; REPEALING AND REENACTING SECTION 1-6 OF CHAPTER 9, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO MINIMUM STANDARDS OF WORK AND REQUIRING WIRING IN MET1'2 CONDUIT WITH CERTAIN EXCEPTIONS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OV PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT HEREWITH; PROVIDING A SEVERAeILITY CLAUSE1 PROVIDING A PENALTY CLAUSE AND DECLARrJG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt PART I, That Section 9-1 of Chapter It Article I of t;ie Code of Ordinances of the City of Denton, "ixas, relating to the National Electrical code, 1178 Edition, is hereby repealed and reenacted to hereafter read as followae SECTION 1-1. ADOPTING NATIONAL ELECTRICAL CODE, 1181 EDITION) DELETIONS AND AMENDMENTS The National Electrical Code, 1181 Edition, as recommended by the National Fire Protection Association, a copy of which shall be filed with the Office of the City Secretary as Document No. 3 and be available for public inspection, is hereby adopted' and designated as the Electrical Code of the City of Denton, Texas, the same as though said Edition of such code were copied at length herein, subject to the deletions and amendnents enumerated hereafter. (1) Section 210-8(a), Ground-Fault Protection for Personnel, Dwelling Units, is hereby deleted and amended to read as followsr "Section 210-0, Ground-fault Circuit Protections (a) Dwelling uniter 1. All one hundred twenty-five-volt, single-phase, fifteen ampere and twenty-ampere receptacles installed in bathrooms may have ground-fault circuit-interrupter protection for personnel, 2. All one hundred twenty-five-volt,single-phas!, fifteen-ampere or twenty-ampere receptacles installed in garages may have ground-fault circuit-interrupter protection for personnel. PAGE 1 E 3. All one hundred twenty-five-volt, aingle-phase, fifteen-ampere and twenty-ampere receptacles installed outdoors where there is direct grade level access to a dwelling unit and to the receptacles may have ground fault circuit interrupter protection for personnel. Bathrooms A bathroom is an area including a basin with one or more of the followings A toilet, a tub, or a shower. Such ground-fault circuit interrupter protection may be provided for other circuits, locations, and occupancies, and where used, will provide additional protection against line-to-ground shock hazard." (2) Section 210-8(b), Construction Sites, is hereby deleted and amended to read as followss "Section 210-8(b). Construction Sites. All 120 volt, single-phase, 15-ampere and 20-ampere receptacle outlets which are not a part of the permanent wiring of the building or structure, and which are in use by employees, may have ground-fault circuit-interrupter protection for personnel." (3) Section 250-81(a), Metal Underground 'mater Pipe, is here- by deleted and amended to read as followss "Section 250-81(a), Metal Underground Water Pipe. If available on the premises, the unspliced grounding electrode conductor shall be run to a metal water pipe in direct contact with the earth for ten (10) f, qt (3,05m) or more (including any metal well casing effectively bonded to the pipe) and electrically continuous (or made electrically continuous by bonding around insulating joints or sections of insulating pips) to the point of connection of the grounding electrode conductor and the bonding conductors, Continuity of the grounding path or the bonding connection to the interior piping shall not rely on water meters, Where a metal water pipe in direct contact with the earth is not available on the premises, a rod or pipe electrode complying with section 250-83 shall be required." (W Section 336-1, Uses Permitted or Not Permitted, is hereby deleted and amended to read as follows "Section 336-3. Uses Permitted or Not Permittedi Type NM and Type NMC cables shall be permitted to be used in one and two-family dwellings, or multi- family dwellings not exceeding three (3) floors above grade. For the purpese of this section, the first floor of a bu£lriing shall be that floor designed for human habitation which is level with or above finished grade of the exterio: will line of fifty (501) percent or more of its perimeter." PACE 2 PART it. That 3ectLon 9-6 of Chapter 9, Article I of the Code of ordinances of the City of Denton, Texas relating to minimum standards of work is hereby repealed and reenacted to hereafter read as follower "Section 9-6. Minimum Standards of Work. (a) In all new work or revisions of old work, new knob and tube wiring systems shall not be used for interior wiring in the City. (b) All work shall be in metal conduit except interior wiring in single and multi-family dwellings not exceeding three (3) floors above grade. Other specific exceptions may be permittri with written permission from the City Electr,.al Inspector authorizing such specifications. (c) Aluminum wire and copper-clad aluminum wire smaller than No. 6 gauge shall be prohibited. Aluminum wire and copper-clad aluminum wire No. 6 gauge and larger may be used only with approved connectors and terminals." PART 111. That this ordinance shall repeal every prior ordinance and provision of the Code of ordinances of the City of Denton in conflict herewith and, as to all other ordinances or provisions of said Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. PART IV. That if an; section, part of section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way effect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect, PART V. Any person, firm or corporation violating a provision of :his ordinance, or who fails to comply with the terms of is permit or PAGE 3 certificate issued hereunder, shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Dollars ($200.00)7 each and every day that such much violation continues shall constitute a separate and distinct offense and be punishable as such. PART VI. That this ordinance shall become effective fourteen (11) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of November, 1182. RICHARD 0. STEhART, MAYOR CITY OF DENTON, TEXAS ATTESTS VICKI NESTLING, DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS t APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS dY1 PACE 4 ~ c MINUTES ELECTRICAL CODE BOARD JULY 21, 1981 Present: Joe Bayer, Marion Johnson, 2eke Martin, Steve Kniatt and Building Official Absent: Emery Groening 71 a1981seconded WRITTEN ~hnMotion carrAPPROVE ed MINUTES moved OF yJMartin 1. THE was unanimously. 2. The Board reviewed the City's reciprocal licensing requirements. It was moved by Martin and seconded by Johnson TO CONTINUE OUR PRESENT RECIPROCAL LICENSING REQUIREMENTS WITHOUT CHANGE. Motion passed unanimously. (Steve Kniatt arrived at 4:15 p.m.) ECOMMEND 3. it was moved by Bayer and seconded by Martin to RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF THE 1981 ELECTRICAL CODE WITH AMENDMENTS AS RECOMMENDED BY THB1 BOARD, Motion carried unanimously. Meeting anjourned at 400 p.m. CITY OF DENTON MEMORANDUM DATE OF MEETING: November 21 . 1982 6 Jill ACT OKDI A ITE, TO BE CITY COUNCIL AGEND ITEM U 1: PLACED ON AGENDA) Adoption of the 1979 Uniform Building Code with local amendments. SUKMAKY : The City present'y enforces the 1976 edition of the Uniform Building Code which is published by the International Conference of Building Officials. The Building Code Board recommends that the 1979 edition be adopted. The major change in the 1979 edition is the elimination of fire zones. Insurance company studies have indicated that property owners within fire zone number I are allowing their buildings to deteriorate because of the expense involved in meeting fire zone 1 requirements. This change will allow owners to use other types of construction while still maintaining adequate fire resistive construction. FISCAL SUMMARY: fhe adoption of tail ordinance will provide the City with a small increase in revenue as a result of inspections fees not previously required. These new fees include a $10.00 Certificate of Occupancy inspection fee, fees for inspections made after normal business hours and reinspection fees. ACTION REQUIRED: Council should adopt the proposed ordinance. ALTERNATIVES: Continued enforcement of the 1976 Uniform Building Code as it now is. STAFF RL'CUMMMLNDATIONS: Staff recommends adoption of the ordinance. EXHIB1'IS: 1. Memo to Rick Svehla 11. Ordinance III. Minutes of the Building Code Board Meeting a oy~e, ~~ing`UT craT CITY OF DENTON MEMORANDUM TO: Rick Svehla, Assistant City Manager FROM: Jackie Doyle, Building Official DATE: October 27, 1982 SUBJECT: Proposed Ordinance Adoption of 1979 Uniform Building Code This proposed ordinance would adopt the 1979 Uniform Building Code with local amendments. Proposed amendments are as follows: 1. Section 204, Board of Appeals Is deleted and amended to read as the present Building Code Board ordinance. 2. Section 304(b) is deleted in its entirety along with references to plan review fees in other sections. 3. Table 3-A is deleted and amended to read as the present fee schedule reads. Items 1-3 concerning "other inspections and fees" remains as written in the 1979 Uniform Building Code. Item 4 is new and concerns Certificate of Occupancy Inspections. 4. Section 1704 concerning roof coverings is amended to read the same as the present ordinance concerning wood shingles. Tae adoption of this code will help Denton keep pace with other area cities concerning code enforcement. J4Skie oyle, u 1 ing O is al I NO. AN ORDINANCE REPEALING ARTICLE It CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO FIRE ZONES AND DISPOSITION OF CONSTRUCTION WASTE MATERIALS; REENACTING ARTICLE I, CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS IN ITS ENTIRETY BY ADOPTING THE UNIFORM BUILDING CODE (1979 EDITION) WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING A SHORT TITLEI PROVIDING FOR DISPOSITION OF CONSTRUCTION WASTE MATERIALS, PROVIDING FOR ISSUANCE OF BUILDING PERMITS WHERE FLOOD HAZARD EXISTS; REPEALING ARTICLE II, DIVISION I OF SAID CODE OF ORDINANCES RELATING TO THE 1976 EDITION pF THE UNIFORM BUILDING CODE; RENUMBERING ARTICLE II, DIVISION 2 OF SAID CODE OF ORDINANCES AS ARTICLE III PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAFING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT HEREWITH; PROVIDING A PENALTY CAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART I. That the Code of Ordinances of the City of Denton, Texas is hereby amended by repealing in its entirety Article I of Chapter 5 of said Code and hereby reenacting same to hereafter read as follows: ARTICLE I. BUILDING CODE Section 5-1. SHORT TITLE This Chapter may be known and cited as the Denton Building Cods. Section 5-2. ADOPTING UNIFORM BUILDING CODE The Uniform Building Code, 1979 Edition, and Chapter 53 of the 1977 Supplement to the Uniform Building Code, as recommended by the International Conference of Building Officials, copies of which shall be filed with the Office of the City Secretary as Document Nos. 2 and 2A, respectively, and be available for public inspection, are hereby adopted and designated as t5e Building Code of the City of Denton, Texas, the same as though said edition and supplement of such code were copied at length herein, subject to the deletions And amendments enumerated in Section 5-3 hereafter. Section 5-3. DELETIONS AND AMENDMENTS The Uniform Building Code adopted by Section 5-2 is hereby amended and changed in the following respects: (a) Section 204 Board of Appeals, is deleted and amended to read as follows: 1. Building Code Board-Creation. There is hereby created a building code board consisting of five (S) members, each to be appointed by the city council for a term of two (2) years, and removable for cause by said council after public hearing. Initially, however, all five (5) members shall be appointed for a term to expire coincidently with other city boards, to serve until their successors are appointed. To the extent that persons are available within the city, said board shall consist of one (1) general contractor, one (1) architect, one (1) engineer, and two (2) additional members, who shall all reside within the city. Provided, however, that the city council may appoint two (2) alternate members of the building code board who shall serve in the absence of one or more of the regular members when requsted to do so by the city manager, as the case may be, so that all cases to be heard by the building code board will always be heard by a minimum number of four (4) members. The alternate members, when appointed, shall serve for the saran period as the regular members, which is for a term of two (2) years and any vacancy shall be filled. in the same manner and they shall be subject to removal the same as the regular members. The city council may appoint ex officio members to ± this board, to have a voice in all matters ( before it, but who shall have no vote. The s chief building official shall be an ex officio i member of the board. E 2. Procedure and Powers. The board shall adopt rules to govern its proceedings provided that same are consistent with the Code of the City of Denton and statut:s of the State of Texas. The building code board shall have the same powers and duties on matters concerning Chapter Five of the Code of ordinances as the board of adjustment has on matters concerning, and arising from, the zoning, ordinance, including t the following: (a) Elect a chairman, who may administer oaths, and compel the attendance of witnesseit (b) Hear and determine, by a four-fifths (4/5) vote of the members, appeals from any decision of the chief building official made pursuant to Chapter Five other than i Article IV after proper ncticr as been given; (c) By a four-fifths (4/5) vote of the members, grant variances to any ptovision of Chapter ? PACE 2 i Five, other than Article IV, subject to appropriate conditions and safeguards, and after a determination by the board that a hardship exists which would be cured by the particular variance sought; said Chapter questions as involving (d) Article Maintain I jurisdiction therein. (b) Section 304(a), Permit Fees, is deleted and amended to read as followss The fee for each permit shall be as set forth in Table No. 3-A. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (c) Section 304(b;, flan Review Fees is deleted. (d) Section 304(c), Expiration of Plan Review, Is deleted t and amended to read as followss (c) Expiration of Plan Review Applications for which no permit is Issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building official. (e) Table No. 3-A, Auilding Permit Fees, Is deleted and amended to read as follows: (1) Total Valuation Fee $1.00 to $500.00 $5.00 $501.00 to $2,000.00 $5.00 for the first E $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and Including $20000.00. t 52,001.00 to $25,000.00 $20.00 for the first $2,000.00 plus $4.00 for each additional $1,000.00 or fraction th?roof, to and including S25,000.0n. PAGZ 3 $25,001.00 to $50,000.00 $112.00 for the first $25,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $50,001.00 to $100,000.00 $187.00000.00f or t$2.00first $50, plus for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $287.00 for plus h$1.50 first each additional $1,000.00 or fraction thereof, to and including $5009000.00. $500,001.00 and up $887.00 for the first $500,000.00 plus $1.00 for each aditional $1,000.00 or fraction thereof. To establish building permit fees for all new construction and additions, multiply ^leven dollars ($11.00) by the total square foota-:, enter that valuation Into the above schedule and tfien increase the results by one-half. To establish building permit fees for all alterations, fire damage, repairs, remodeling, and accessory buildings, multiply six dollars and fifty cents (55.50) by the total square footage, enter that valuation into 1 the above schedule and then increase the results by one-half. (2) Other Inspection Fees% (a) Inspections requested and performed before or after normal working hours (minimum charge of one hour) $15.00/hour (b) Reinspection fee assessed under the ' provisions of Section 305(9) $15.00 each (c) Inspections for which no fee is specifically indicated (minim,3m $15.00/hour Aarge of one-half hour) (d) 'ertificate of Occupancy inspection for other than new buildings $10.00 each (F) Roof covering shall be fire-retardant. Fire-retardant treated wood shingles and shakes and untreated wood shingles and shakes shall be prohibited. Exception: The roof covering on existing dwell- ings and structures with wood shingles and shakes may be repaired with fire-retardant wood shingles and/or shakes. The roof covering on additions made to existing d-.ellings and structares witi existing wood shingles and/or shakes may be of fire-retardant shingles or shakes. PAGE 4 Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs see Chapter ~2. For Atticst Access and area, see Section 3205. For Roof Drainage, see Section 3207. Section 5-4. CONSTRUCTION OF SIGNS For construction of any sign or any sign structure, the fee shall be ten dollars 010.00). Section 5-5. ISSUANCE OF BUILDING PERMIT WHERE FLOOD HAZARD EXISTS A building permit shall be issued only after the building official has determined that the proposed building site is reasonably safe from flooding; or if a flood hazard exists, any proposed new construction or substantial improvement (Including prefabricated and mobile homes) must: (a) Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure; (b) Use construction materials and utility equipment that are resistant to flood damage; and (c) Use construction methods and practices that will minimize flood damage. Section 5-6. DISPOSITION OF WASTE MATERIALS DURING }S CONSTRUCTION OPERATIONS „ Waste materials and rubbish shall not be stored nor alloyed ~ to accumulate within the building oc in the immediate vicinity, but shall be removed from the premises as rapidly as practicable. Combustible waste and rubbish shall be removed at least daily. No material shall be disposed of by burning on the premises or in the immediate vicinity without permission from the city. ory material or rubbish shall be wetted down, t' necessary, to lay dust or prevent it from being blown about. ~aRr lr. That Division 1, Article Ir, of the Code of ordinances of `M r Lt I PAGE 5 v the City of Denton, Texas, heretofore effective, is hereby repealed. PART Ill. That Article II of the Code of Ordinances of the City of Denton, Texas, heretofore designated 'Building Code" is hereby renamed and designated as 'Moving Buildings". PART IV. That Division 2 of Article II, Sections 5-16 through 5-24 is hereby renumbered and designated as Division It Sections 5-7 through 5-15. PART V. That this ordinance shall repeal every prior ordinance and provision of the Code of Ordinances of the City of Denton in conflict herewith and, as to all other ordinances or provisions of said Code not in direct -conflict herewith, this ordinance shall be and is hereby made cumulative. F, PART V[. That if any section, part of section or provision of any y section of this ordinance shall be held to be void, ineffective fLE or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any s cause whatsoever shall in no way effect the validity of the remaining sections and provisions of this ordinance, which shall remain in fall force and effect. PART VII. Any person, firm or corporation violating a provision of this ordinance, or who fails to comply with the terms of a permit or certificate issued hereunder, shall, upon conviction, be g;ilty of a misdemeanor punishable by a tine not to exceed Two Hundred Dollars 0200.001; each and every day that slc'i szc5 s violation continues shall constitute a separ3t4 and d13t1Ll,rS r offense and be punishable as such. F PAGB 5 a PART VITI. That this ordinance shall become eEfective fourteen (14) days front the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1992. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTr F. VICKI WESTLING, DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS t x APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENT& TEXAS By. r f i i is ? PAGE 7 ( i MINUTES BUILDING CODE BOARD APRIL 16, 1981 Present: John Mozingo, Gene Hupp, George Olufson, and Building Official Absent: Bob Miller, Chester Ingraham 1. It was moved by Mozingo and seconded by liupp to approve the minutes of March 12, 1981 as written. Motion carried unanimously. 2. Item number two was withdrawn. S3. It was moved by Mozingo and seconded by Olufson thatl section 304(b) of the 1979 Uniform Building Code be, deleted. Motion carried unanimously. i Meeting adjourned at 4:50 p.m. f~ MINUTES BUILDING CODE BOARD MARCH 12, 1981 Present: Bob Miller, Gene Hupp, John Mozingo, George Olufson, Chester Ingraham, Building official 1. It was moved by Hupp and seconded by Mozingo that Chester Ingraham be elected Vice-Chairman. Motion carried unanimously. 2. It was moved by Mozingo and seconded by Ingraham that Bob Miller be elected Chairman. Motion carried unanimously. 3. It was moved by Hupp and seconded by Mozingo that the minutes of December 4, 1980 be approved as written. Motion carried unanimously. 4. It was moved by Ingraham and seconded by Mozingo to amend section 304 (b) so that plan review fees be charged only on buildings over fifty thousand square Lleet in area. Miller, Mozingo and Ingraham voted yes, Hupp voted no, Olufson -abstained. It was believed by a majority of the Board members that the plan review fee was a separate fee from the building permit fed. Mr. Olufson was of the opinior that the fee was part of the building permit fee which was to be collected before the permit was issued. It was moved by Mozingo and seconded by Ingraham that a decision on' section 304 (b) be tabled until the Building Official could get an interpretation from I.C.B.O. Motion carried unanimously. 5. It was moved by Ingraham and seconded by Hupp that the), I Board recommend to City Council the adoption of the 1979 edition of the Uniform Building Code with the same amendment to section 1704 as made to the 1976 U.B.C. and provided that section 304 (b) is interpreted as meaning that the plan review fee is part of the building permit fee and not a separate, additional fee. Motion carried unanimously. Meeting adjourned at 5:00 p.m. November 1981 15D CITY COUNCIL AGENDA ITEM SUBJECT, Consider Request by Mr. and Mrs. Morris Meadows for Abandonment of Portion of Easement at 2622 Nottingham. SUMMARY: The City of Denton has a fifteen (15) foot easement on Lot 7, Block J of the Nottingham Woods Addition. Mr. and Mrs. Morris Meadows have requested that the City quit claim five (5) feet of the south side of the subject easement and return full ownership to them. This easement is adjacent to a right-of-way of a 69,000 volt transmission line that the City acquired in 1980 from Brazos Electric Power Cooperative. This transmission line is no longer in use; therefore, relinquishing 5' of this easement will not create any problem for the City. k FISCAL SUMMARY: Not Applicable ACTION REQUIRED: Approval or disapproval of abandonment of 5' of subject easement at 2622 Nottingham. RECUMMENDATiON: The Staff recommends subject request be approved. Respectfully, / .41 Ia_ R. E. Nelson Director of Utilities EXH161T I flat of subject property Ordinance 137IU/3 K; Clrycd DENTON, TEXAS MUNICIPAL BUILDING / OVITON, TEXAS 76101 / TELEPHONE (817) 566-3200 October 21, 1982 Easement on 2622 Nottin ham Property Lawyers Title Company 513 West Oak Denton, Tx 76201 Gentlemen: The City of Denton has a fifteen (15) foot easement on Lot 7, Block J of the Nottingham Woods Addition. Mr. and Dirs. requested that the City quit claim five (5) feet of thersouthesidesofhthe subject easement and return full ownership to them. As Director of Utilities for the City of Denton, I have reviewed this request and hereby approve of subject request. I will be presenting and favorably-recommending the subject request. for quit- claim to the City Council at their Tlovember 2, 1982, meeting. Respectfully, R. E. Nelson, P.E. Director of Utilities REN:gcr cc: C. J. Taylor, Jr.., City Attorney E. B. Tullos, Asst. Director of Utilities l.Ir. b Mrs. Morris Meadows file UU'l.f3B Wgi M &.1 OUT lip Iw Illw •Nrr'• Irr oil /.r ~I7 • / !rw 71+Fr ~Y•r :Y S1}•- I ♦ ♦ ,1\ It ; 7. L♦ • I I •,y pop I~nl/I(r wi. i' • f1 si • 1/ , / + # 1. .1 `Ie.fYYL t • i . .~r, r f pop of / I / / ' or por •n.r.rr r. . / ~ f. t O 1 l~ -T 7 OF, 1 : 1 1t';" •5~~~ :Yy. ' ~ . /r -'t 4~ 1 ~r , .•w.rN i . ,all II / ~f I f • • f/M• n~ n r i1 r r •f ~ .~ar~• ..1._ L~ ..l t.. L.vr• I=n , ~l•tis+ r. % K-~~. .r IL. - ./.r i 40 7.~ * tl, _ f (r• f-j--OMYr' OUR, r = `•~I,I I J I I yf I 1 1. lJ / I I /1 It1 f I' IJ f / I J! 1 • ♦1f II NIN ' r / Jrwror JvrllJ.rrrr rer.ur ( - I 1 nrorr~k~uaM OOD _ Qpo~r~oN f I ~ elholr', top 'IV l/ HI - I L J~-+i/.•C/71I ~Q; RAC AZl/ ell IH JAn• Iv,- ; ~ • •7~ OCUTSCfJlNf~ 1[QU IY. Tull$ ~ ~c~sf• u~a 5-`73 WOOL. Ill$ l r. oil 1257 ra:1 V X50 a roar oc.;,cs sonar w / ev TOOL ei iota S / o • 9 I SRM ec K/YAAIrt 0100*m 1 . , girl rr:I ~ ~ ~ b! ~S SIP Ma 05 sorr1N•6YAM OR/Vf 60'Aow TO ALL PARTIES INITEAESTED IN PRI' ISES SURYE' ED: y- i Ve have, this date, made a careful and occur, to sure~ey on the ;round of the Property lots"d NOTTI2622NC{AH t'N'ottOOD5 indh ADDian i-rive in the CITY nr DENTON, DENTON COUI/TY, TE:4US e'cscribe~ ■s follow,: lots 6 and 7 block J T7DN AN ADDITION TO THE CITY Or DCATO:1, nENTOa COI:ITY, II>~, according to the Plat of soma recorded in Volume 2, paq•r N Plat Reclyds of DENTON COUNTY, TEXAS. 110 I The Plat hereon is a true, correct and accurate repstaentatien of the property as determined by survey, the L'r.eo- and dimensions of said property boirP, as indicated by L1% Plat, the sire, location and type of buildings and t~-- - are as shotm, all improvements being within ,5e bourdaries of the nrn~ r. lines the distances tnrtfr•.r'j NO. AN ORDINANCE PROVIDING THAT ALL RIGHT, TITLE, AND INTEREST OF THE CITY OF DENTON IN LAND HERETOFORE DEDICATED AS A PUBLIC UTILITY EASEMENT BE VACATED AND ABANDONED: AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. H'HEREAS, the City Council of the City of Denton, Texas, has been requested by the owners of adjoining property to vacate and abandon a public utility easement over a portion of the hereinafter described tract of lands and 1 WHEREAS, the City Council of the City Of Denton, Texas, is of opinion that the best interest and welfare of the public will be served by vacating and abandoning said public utility easement over the hereinafter described tract of lands NO:i, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SECTION I. That the right, title, and interest of the City of Denton, Texasi-in and to the following described public utility easement to-wits All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and t being part of the W. Pogue Survey, Abstract No. 10120 and being 1 part of Lot No. 70 Block J of the Nottingham Hoods Addition, an addition to the City and County of Denton, and recorded .in Volume 2, Page 110 of the Plat Records of Denton County, Texas, and more particularly described as follows: CO.MENCING at the northwest corner of Lot 71 Block J of the Nottingham Woods Addition, said point lying in the east right of way ltne of Nottingham Drives THENCE south 1007' west along the west '-Anundary line of baid lot and the east right of way line of Nottingham Drlve a distance of 11.10 feet to the point of beginnings THENCE south 62022' east 10 feet south of and parallel to the north boundary line of said lot a distance of 170.49 feet to a point for a corner in he east boundary line of said lot; THENCE south 1007' west along the east boundary line of said lot a distance of 5.53 feet to a point fcr a corners THENCE north 620 22' west a distance of 170.99 feet to a point for a corner in the west boundary line of said lot same bring the east right of way line of Nottingham Drives THENCE north 1007' east along the west boundary line of said lot, same being the east right of way line of Nottingham drive a distance of 5.51 feet to thQ place of beginning. PAGE ONE i Is hereby abandoned and permanently vacated as public utility easement of any kind or character forever. SECTION II. That the easement over that portion of said tract of land herein described is hereby abandoned and released and will revert to the adjacent owner or owners as provided by law. SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing coning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from--and after the date of its passage, and it is so ordained. ' AASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of November, 1482. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST s VICKI WESTLING, DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Y 8Yt . PAGE TWO THE STATE OF TEXAS, I KNOW ALL .1112N By TIMSE PRESENTS: it COUNTY 05' DENTON } That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION of the County of Denton and State of Texas , for and in consideration of the sum of --------------------TEN AND NO1100 1510.00?------------------- DOLLARS, to them En hand paid by Morris and Joyce Meadows of the County of Denton and State of Texas , the receipt of which i. is hereby acknowledged, do, by theta presents, BARGAL;, SELL, RELEASE, AND FOREVER QUIT CLAL%I unto the said Morris and Joyce Meadows their heirs and assigru, all its right title and Interest in and to that certain tract or par. eel of land lying in the County of Denton and State of Texas, described as follows. to-wit: t All that certain lot, tract or parcel of land lying and being situated inl the City and County of Denton, State of Texas, and being part of the w. Pogue Survey, Abstract No. 1012, and being part of Lot No. 7, Block J of the Nottingham Woods Addition, an addition to the City and County of Denton, and recorded in Volume 2, Page 118 of the Plat Records of Denton County, Texas, and more particularly described :s foliowsr COMMENCING at the northwest corner of Lot 7, Block J of the Nottingham Woods Addition, said point lying in the east right of way 11n2 ofI Nottingham Drives j THENCE south 1007' west along the west boundary line of said lot and the east right of way line of Nottingham Drive a distance of il.la feet! W the point of beginnings fIf THENCE south 62022' east 10 feet south of and parallel to the northll boundary line of said lot a distance of 170.99 feet to a pint for a',: a corner in he east boundary line of said lots II THrNCy south 1007' west along the east boundary line of said lot a { distance of 5.5) feet to a point for a corners I THENCE north 620 22' west a distance of 170,11 feet to a point for al4 corner in the west boundary line of said lot same being the east right ofl~ way line of Nottingham Driver THENCE north 1007' east along the west boundary line of said lot, same being the east right of way line of Nottingham drive a distance of S.5'9 feet to the place of beginning. , TO HAVE AND TO HOLD the said premises, together with sU and singular the rights, prirl. l' t leges and appurtenances thereto in any manner belonging unto the said Morris and Joyce Meadows, I' their heirs and assigns, forever, so that neither the said j City of Denton, Texas, a Municipal Corporation, its successors 1{ nor heirs, nor any person or persons clalming under shall, at any time hereafter, have, claim or demand any right cr title to the aforesaid premises or appurtenances, or any part there- of. ;1'I'1'NESS our hand at Denton, Texas this day of November A. D. 19 82 ;Vitresses at Request of Grantor: CITY OF DVNTON, TEXAS ATTEST: BYt RICHARD O. STEWART, MAYOR CITY SECRETARY ~ ~ t ,~~.var,u.r.: na .ru.r.. .w .:.....r-~. ~.+-:~.a .._._.r..:....-u~r,~.w.raw-... a.... ~,na+r-as r+-:rrvr+~.= arrrserr-.~sxx.s-v+aawaraz.-rrexsi-~'rmr aY.-a•,.~es-~erw.+a+aer- sr u,aal-. I SINGLE ACv;OR'LEDGSIENT THE STATE OF TEXAS, BEFORE ME, theunderslgredsuthcety, COUNTY OF.._ DENTON...... ...J _.Naf the, , in and for laid County, Texas, on this day personally appeared Ai oha rd _ O.. Ste,xarte yo.r o city,of„Denton,...Texase.a Hahicipai Corporation i officer is mown ie me to be the Arson whcN name qui p,nhrd to the f,rrgaing Instrument, hmd arkrewiedeed to me that he _ eirruted the same for the purposto and torr!d, rahcn therein expressed. GIYES UNDER MY HAND AND PEAL CF GFFS''C, This day of.. November AD. 1992 N I.ry t`.bl,r, Denton County, Texas My Cemm'eeion Expires June 1, is JOINT ACKNOWLEDGMENT THE STATE OF TEXASs t BEFORE ME, the undersigned authonty, _ J COUNTY OF In and for said County. Texas, on this day personally appeartA - ° - and his wife, both known to one to be the persona whese names art hubsrnbed to the foregoing instrument, and acknowitdeed to tux that they each axecvted the Pame for the purpcNt and erns'•derati,n therein expressed, and the said , wife of the raid harinc bran extmlaed by me privily and apart from her huabard, smi harine the same fully saplalred to her, she, the said ackrc.ledged sick inatruinant to be her art and dead and die deciare't that she had wtliingly a'gned the sane for th•e purprscs and cersiderat,nn therein expressed, and that she Aid not wish to Morsel it Gri'EY UNDER MY HAND AND SEAL OF OFFii E, This day of A.D. 19 County. Texas 'IV Commi-Van Empires Jura 1, !9 11•IFE4S SEPARATF ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, Ot undersigned sut~mity, COUNTY OF In and for said County. Texas, on this day personalty appeared _ y~!t of known to mo to bo the person Rbose name is subscribed to t'+e f•~i ecoing iaal:umenr, and hazing betn examined by me privily and spsrt from her husband, and haefrg the same fully exp;ainai to her. she, Ot said _ acknowledceA sich Instru'rert to iN her act and dcPi. anei shi deilarod that ihi had wiltirgly slgrPd the same for the pcrprses and consideration therein exprtued, and that o`t d'd not wish to retract iL GIVEN UNDER MY RAND AND SEAL OF OFFICE.n4 day of „ AD. 19 .Notary rutdie, County. Tease My C'omhdaa:on Expires June 1, 19. CLERK'S CERTIFICATE THE STATE OF TEXAS, ~ i County COUNTY OF Cltrk of the County Court of said County-, do hereby ec.tify that the foregoing instrument of writirg dated .r, the day of , A. D. I9 with its CeniACUte of Authentlcntlom %as !led for record in my arrco on the day of . A. D. 19 . at o'clock M., r•d duly recorded this. day of A. D. 19. at oclock X. in the Records of aid County, in Velunoe....... , on pages , WITNESS MY HAND AND SEAL OF THE COL•NTY COURT of sa.d County, at cillce In , the day nrd >etr iaet nhN:P writes. C~,: rtp C'i.trk _ Gw•.•:, TCYas. IL 3..) By deputy. Al P'~ i i l r O~ 1? y ' 0 I dd m Z G < e ye r.X A F x o < < iloEE D 7' M W C 1 hr`s t U n C u~ Q Z . :t E 1x1 xe~.. • 1 a w : 0 V) ' s Z jc ~ B ~ a t73 tR >r u 9 . I~ a u ev a V 4 3 o sf 2; s ' i L' a S, ! •e J r ~ a~ ~ W 4 a. r 1 y Novenber 2, 1982 CITY COUNCIL AGENDA ITEM -SUBJECT: Consider Request by Mr. and Mrs. Morris Meadows Abandonment of Portion of Easement at 2622 Nottingham. for SUMMARY: The C Block I ty of of OtheonNottinghamf teen . Woods15Additio~asement on Lot 71 Morris Meadows have requested that the Cituit for. and five (5) feet of the south side of the subject easement and return full ownership to them. This easement is adjacent to a right-of-way of a 69,000 volt transmission line that the City acquired in 1980 from Brazos Electric Power Cooperative. This transmission line is no longer in use; therefore, relinquishing 5' of this easement will not create any problem for the City. FISCAL SUMMARY: Not kpplicable ACTION REQUIRED: Approval or disapproval of abandonment of 5' of subject easement at 2622 Nottingham. RECOMMENDATION: The Staff recommends subject request be approved. Respectfully, F _ R. E. Nelson Director of Utilities EXH161T I Plat of subject property Ordinance 1 S71U/:i CITY of iD.ENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 October 21, 1982 Easenent on 2622 Notti-nghasn,Propert y Lawyers Title Company 513 West Oak. Denton, Tx 76201 Gentlemen: The City of Denton has a fifteen (15) foot easement on Lot 7, Block J of the tiottingham Woods Addition. Mr. and tars. Morris Meadows have requested that the City quit claim five (5) feet of the south side of the subject easement and return full ownership to then. As Director of Utilities for the City of Denton, I have reviewed thi! request and hereby approve of subject request. I will be presenting anc favorably-recommending the -subject request, for quit claim to the Citj Council at their Uovember 2, 1982, meeting. Respectfully, fJ' i 1 R. E. I+elson, P.E. Director of Utilities RED;: gcr cc: C. J. Taylor, Jr., City Attorney E. B. Tullos, Asst. Director of Utilities Mr. 6 Firs. i•lorri s Meadows file 0028 B i • I U'A IPJ it 1 ♦ ! • luul rllf ~'r I t,;= 1 ` w~' ' 1,~ `<1 . l l, 0a 1111 1sJ r1 1 ♦ / r 1?~ Yrl/ llxl>I f1 4 , VAX -,#!L: IC/a. r_•'. 11 ~ ~l' O~ ~ / 1 t lei ~ 1 Ihf ,'b rat r ~ w ♦ / 1 IJf' IN fr pU1 ~'"r ` ♦ ' r I• un /IN I ~ t t ~ ` ~NIMI /Ii1L• IINA• ~CQ . ~ , F- , , F-`~-'~ ~ . , ( ~ . / X'• . t IN IIL' 11111'1 IN.V~1 v I i 1 t 1~ f • 1 A, J/AA•••• / + / Il '1, a j. A.A. .rru ,urn w'1. _....I r • • • a \ • 1 . 11 II Y 11 u u I I I m l • 4 „ r •1 YIIJ Jill II11 , L_N - AQ ••t . I •I I f/U1 ilet 10• L •+r jl lu' i\ , w •fy ♦ I ♦ . . ~ .'r. Pia v • 'c f+IC' At do ' 411.1 JYN• -1 Nr..~ \ , ,I ` 1!• \Yr \ II 't \ O M ' ` / yy 1; • url rru r fff I O, ,lC , J t• Iy Ir•' { • Y _I L,-r... ..i S aoj•4. / { / I~i I/! { v~ r , I I n.I V. Il. i N Add, __d- rru Iw, II•u _ I 1 LY N' ff . It . ,u JV Ir ro 1 -ILI-`I I . a 1' • Iu U • 1 / f. ' :r t, ` , .i rf /In uil 3 1 ♦ i / / i . •~1 111; 1 YI I,• ,Ilfr : • " I / J a4tili ll~'!r I~f'1'L" ji~`1 • o{•` r. F _~r-1 j• y I, I ~3. W V. IIlI • • , r O .~1 • w /I / / ' / r / . ~r , Ir Y 1 I • ry{ •it ~ \ ~ 1--~ -i ~{'Ml ~ ~ t / Ihf. 'rt1'f' .i..~ 1~ ! ,y>~ t 1,~ ~ I~{ " .rl .4 1, rrrr•wr~ / •y it At IrN1I N,I.. l 1 J , V • 4' 1 urY1 NT w w r ~'r • J• /Ib' {I / 1 r/ r ~yyy~~~ •I~^J ♦I I ~~i/ i{: 'fw• ~ .IYYY NI. , /t , I h t~ I / ' ?tl 1 , 1.-[ LIl•'♦ +p rr.' ,aIY ~~au5_ f - S 141 • r 11 c'il ~ ~!L!-; ,'---+r-r ~F °d li~.iE~ _ (r.. f e._. ~12 _ ..~t~ 4;'1.°~ • l~S - ~f''11 +~.1-.--1. ~ _ . r ~ _ ~.1+~ ; • ~ .~`}~(`~/~f al:`~• 1'. ir- , i.11 17.1- • i , • ' "~'T-° h. r fY lJ 4 `•+_~2 ..1~', y YI J11'3~' ~7~ 1 p ft r~'~ ?!.'_.{A! +t~ ~N,.rarr „rw~. : ~ Y\ N 17 Itil• f4 f f I f f I 1 1 J11 1~ /yYr d/,• fJ rr If iJ At n Nr ' t •i•j•1. tl.. 11...1• 'l. ..Y 11. L 1~ 1t J 311 OF tom. •I 1u 1 --r_ .rru , t r• t , ...:U •~rrrl 1811..`--.r kAV/i1NOMIV I4,Y_.-. ♦~r.~.~,rti. -IL'.r. ._.....t ♦ •y_ • 1• • ' n . N M •I• ,iu ICY . IIM 1411' •1 NY „Y M y Ad I] U . ! I 1 r 1 , t ` 1 • 1 _ If , f Of r J f ! { IJl1'. r I L1. 111 r~ r , r: If mr• r 1 w J . 1 . t .i.S-i .`/1~ y~'l ~•f 7 4 1` I / AfI IlI IVf1 f ! 'f lilt ~i f'~ 1 / IIifOY llYl10/rlfMl f0✓Ilwl • . + • „ r V A, {1.1 •S 1 I ~ar1~N~u~~1 1=3 ll,f• Qp~lrioN 1 , 1 .T~' r~,clr~xQ F (ee IK•rI f/i/+1111 NI , 1 , r r ~ °r -~I fi I • 1 I., .If.1..lwt~•a~~~/ x.,s~:rr SVRV[Y aQrresc /_r 1 I GK ~fJC€~PL'/1fNT ro N al%w 1 4 revs A ! 1. r .11 e , l ys Ilr * .7t"N""'!'"~TlNT1 rl•~' 1 y .r ~~lw:.l~'~1f{. r rip 71 C Sr I', 20' r I oc if ~ BLO k J r ~ ' ~ E x S r . • ' 2~' + f SitN;Y M /1R1Lt 137, • 10323 < 4e2 ►ov \ a Irrt~ Wul J lit I ` / M ' III e,a s- a at,~! ! 232 cS N•~TT/NGYAM 0RlYE 6O'k 7F: " ~i"~rl t -rte r+ OW .r .t I 70 I,; RT1 ALL r.S Iltt'F.RESTlD It! PREMSES 'SL'RVG' ED: 1/e have, this date, made a eeraful and eeeurc[e eur~ly on the yy•!f ,{.;;.s•~y~ , ,,.,.:y31`62't n'ottln;has Zzive D£NT08, DENTO;f'COtIlITY, TEG1S ,!estrlbf4l e9 followdl rrcund Lots of the feceCc and 7 prop,erlt llo In the CITY OP 0 J NOTTINCHAN L'OODS ADOI'~^_DN AN ADD1TiO!1 70 TILE CITY Or DNITON, DENTOfI CO11:1TY, TIXAS, according to the plat of s.v1e record: ' J Plet Records of DCNTON COUYIY, TIPAS, • J d to lulume pa,'r 11B ! The Plat hereon is a true, correct and accurr,te rep2ESentotion of the eoport as doe dimensions of said property betnA as !ndlca tld b titi Plat the 9!;a. ocatlon , r °t fined by mp% ond the Zinn, and are as shc,m, e11 Improvements bclne, within ftio yovr.yarlo2 of the nrnnnrr.. y an d typo of ui l linos the dlstanrn~ fndlr~., . b bd imp % lmnrn~~-..~.. y f I C1 Y of DEMN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76301 / TELEPHONE (817) 566.8200 October 21, 1982 Easement on 2622 Nottingham Property Lawyers Title Company 513 best Oak Denton, Tx 76201 Gentlemen: The City of Denton has a fifteen (15) foot easement on Lot 7, Block J of the Nottingham Woods Addition. Mr. and Mrs. Morris Peadows have requested that the City quit claim five (5) feet of the south side of the subject easement and returnifull ownership to them. As Director of Utilities far the City of Denton, I have reviewed this request and hereby approve of subject request. I will be presenting and favorably recommending the subject request for quit claim to the City Council at their November 2, 1982, meeting. Respectfully, R. E. Belson, P.E. Director of Utilities REN:gcr CC. C. J. Taylor, Jr., City Attorney E. B. Tullos, Asst. Director of Utilities l.ir. 6 Dirs. Morris t-ieadows file OO?.GB 11) All tha': certain lot, tract or parcel of land lying and being situat in the City and County of Denton, State of Texas, and being part of the Id, Ao survey, Abst. No. taiL and being part of Lot o. Block of the W h, Additioi an addition to the Ci y/County o~nton, a 1-a Q n~ attcrecorded in Volume Z, Page 118 of the Records o Denton County, Texas, an more particularly` described as follows: _ 1"-e.^^~3.RS.Ln~s a~ na~~~.~aSt Corn+r n~ LA 'I t r~Lo: o4 ~~o Gak,~c~.~ .said fty- \41 1n PLAA r,o~.t •oF- .,a.i IIn+1 ll1' t ~ ` 01 ~~A ~o~ ar. }~,t cag~ r~ i~t waY lt~ 1~~•,S~„~~~,r•~ drift a 11,1$ ~ce.~- ~~.c ~o~ nE o I\e r i `-T'hZne¢ S°u~~A ~Z.°22rt=.S~', I+) (`c2+ Sc~f~ot an;~ oar ^ellt l~ nor}~, boa.. a.~ fin` +4' Sa+ bi to ~ v i .99 feel ~~f C r~r ntr` 11+t haynda•~ l~ht ~4' Std ~o r Z 7 e.! ? A 44 143'.<'A .1 1 t vf! Off' r., r 1 , ct $.7 f ro G Gji-,~r r l O1 I,a r.Ajer LyOISiae"e lips a f'- s.~-~ Tam J ~00 1 d3i Q17!1 fl '4fr~/~?r.l r! !I ~s//~e DLI1 tY/ C'+SY ~~~A1.`O 1/ry NO CITYofDENTON,TEXA3 MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM TO: Mayor and Members of the City Council FROM: Margaret Green, Deputy City Secretary DATE: Uctober 28, 1982 SUBJECT: Agenda Item v5.E., Ordinance Calling the Bond Election Representatives of the First Southwest Company are preparing the ordinance for this item. The back-up materials will be delivered prior to the meeting. 'r - arga et reen, De y ty Secretary MAG:vvw ,t i November 20 1982 CITY COUNCII. AGENDA ITEM SUBJECT: Request from Mr. Guy Laney to be Served with Water and Sewer Outside the Denton City Limits on Mayhill Road. SUMMARY: Mr. Laney`s property is located on Mayhill Road between Mills Road and Audra Lane. To serve this property, Mr. Laney would need to extend approximately 31168' of 8" water line and 3,700' of 8" sanitary sewer line. Mr. Laney agrees to pay all costs of these lines and to meet all City of Denton specifications. FISCAL SUMMARY: No cost to the City. ACTION REQUIRED: Approval or disapproval by the City Council to serve subject property with water and sewer service. RECOMMENDATION: The Puulic Utilities Board, at their meeting of October 19, 1982, recommended to the City Council approval of this request, providing Mr. Laney meets the requirements of the City of Denton. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I Letter from Mr. Guy Laney II Location Map from Staff 1311U/2 October 15, 1932 Mr. Guy H. Laney P.0. Box 279 Denton, TX 76201 Mr. Earl Jones City of Denton Denton, TX 76201 Dear Sir: I am going to build an apartment complex on Mayhill Road outside the City Limits of Denton. I would like to be served with Water and Sewer by the City of Denton to cover approximate- ly 13 acres. I will meet all specifications governed by the City of Denton and will pay for all expenses connected with the hook ups. Thank you. S cerely, uy }i . Laney it 1 57 AUDRA LANE o 596 i I • m / . ! L • 0 1 0 is / O I 1 PRI AD I Z• X626 1 _ J 578X • •INMH .IN M.N ~ O ~ • w..NN .n. NNNN I ~ I .•1. Iw.w. , lI{ 1 .•N II.H . 1. ~i..wN. • . • ►.1 bNNN. 1 /q ' .Y'~.N.N.NIN. • ~ n I Y • N.N.. ~ • :.i 1.I N.... ,x11....... ROA TT Ni.1.NN.N .W Q O d O ! O • S ~ J G~ © /V Q ` as 1 1 - FgST all ~•••d~~ • c ~,yN Mem 1a1 Ch it (l 1 5~0 ~ II ff 1 fJ • O 7 7 11 CITY of DENTON, TEXAS .+UNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM T0: Mayor and Members of the City Council FROM: Margaret Green, Deputy City Secretary DATE: October 28, 1982 SUBJECT: Agenda Item g7 Revenue Bonds First Southwest Company is continuing to review the financial projections on the Revenue Bond Refunding. We will deliver the back-up material for this item on Monday. J /I y y ecre ary arg t enOq MAG:vvw CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 CITY COUNCIL AGENDA ITEM Consider approval of annual contract with Priority Systems for contract programming SUMMARY: The City of Denton has utilized the services of Priority Systems for systems programming and contract application programming since October of 1981. Their services have been excellent and the rate charged is very competitive. This contract establishes the authorization to utilize Priority for the next fiscal year. The not to exceed figure has been set on the contract. Priority Systems works for the Data Processing Director on a contingency basis. They are called when needed. Their response to the City In emergency situations has always been excellent. They have worked under a blanket contract since last spring, FISCAL SUMMARY: Funds have been budgeted in the Data Processing Operating Budget for the special services costs. ALTERNATIVES: Without approval of the agreement, the City of Denton would have to resort to contracting on a job by job basis administratively or having the computer down for long periods of time. RECOMMENDATIONS: The Data Processing Advisory Board recommends approval of this contract. f RECEIVED OCT 1 4 1982 PRIORITY SYSTEMS, INCORPORATED floe *"a oagvw JAWIP Amu, 7S061 t 1.I/6S9 -06C0 October 8, 1982 , Mr. Gary Collins Director of Data Processing City of Denton 215 East McKinney Denton, TX 76201 Dear Mr. Collinss Thank you for the opportunity to asaist you and the City by providing programming support personnel for your new computer system. We will continue to provide IBM 4300 programming expertise on an as-needed basis. This letter is to document our arrangement with you. We have assigned Mr. Randy Tareilo as Project Manager and Mr. Jerry Osborne as System Programmer on your project. Other men will be made available to you as you need them. Our fees will be based upon actual time spent by these men plus out-of-pocket expenses. Our bil- ling rates for these men is $40.00 per hour. Travel expenses will be at twenty cents ($.20) per mile. The billing rate of $40.00 per hour will be maintained through March 31, 1983. From April 1, 1983 through September 30, 1983, our billing rate will be $43.00 per hour. We will bill you semi-monthly with payment terms of net ten days. If this arrangement letter properly describes our arrangement with you, please sign one copy and return it to me. Again, thank you for the opportunity to serve you. Very truly yours, PRIORITY SYSTEMS, INC. e~x Daryl C. Cutler Vice President Gary Collins DC/lam ww ouk x ,~c heave y>.~~. . INDEPENDENT CONTRACTOR'S AIREVIENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS i COUNTY OF DENTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Priority Systems, Inc., hereinafter called "Contractor", hereby mutually agree as followss 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicess A. System Programming H. Application Programming 29 COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Servicess $40.00 per hour from October It 1982 thru March 31, 19831 $43.00 per hour from April 1, 1983 thru September 30, 1983 NOT TO EXCEED $390825.00 S. Dates of Payments: Two weeks after receipt of invoice on the let and 15th of each month. 3. SUPERVISION AND CONTROL BY CITY1 It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shill not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of intone tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. INDEPENDENT CONTRACTOR'S AGREEMENT-Priority Systems, Inc.-Page I SOURCE OF FUNDS= All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City council for such purposes in the Budget of the City of Denton, 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies A. NONE 6• INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7• CANCELL_ _ ATIONs city reserves the right to cancel this ,Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM of CONTRACTS This Agreement shall corunence on i the 1st day of October, 1982, and and September 30, 1983. EXECUTED this the day of 1982, CITY OF D£NTON, TEXAS BYs CITY MANAf R ATTEST: HARLOTTE ~ITY SECRP,TA APPROVED AS TO LEGAL FORM C. JJ.r TAYLOR, JR., CITY ATTORNEY BYi~ CONTRACTOR BYt That Gary A. Collins„ is hereby designated as the person to administer the provision of this agreement. DAT-E CITY . NAGER INDEPENDENT CONTRACTOR'S AGREEMENT-priority systems, Inc.-page 2 MINUTES CITY OF DENTON DATA PROCESSING ADVISORY BOARD October 28, 1982 The Regular Meeting of the City of Denton Data Processing Advisory Board was held at 7:00 a.m. on Thursday, October 28, 1982 at Zachary's Restaurant located on I-35 in Denton. MEMBERS PRESENT: Gerald Cardwell, Ron McDade, Dale Maddry, and Ray Pitmann MEMBERS ABSENT: Bill Shanks STAFF PRESENT: Bill McNary and Gary Collins 1. The minutes of the Regular Meeting of September 22, 1982 were considered. Dale Maddry made the motion, seconded by Ray Pittman, to accept the minutes as presented. Motion carried. 2. Gary Collins discussed the installation of the additional hardware approved for this fiscal year. The upgrade to the CPU and the additonal memory has been installed. The new disk drive and the additional tape drives have been received and are also in operation. Gary explained that response time has improved dramatically and is now very good. Thus, change to the CPU has eliminated problems with jobs that have been CPU bound. In the process of Installing the CPU changes, IBM had to replace the byte multiplexer last week. This week everything seems to be in good' working order and running smoothly. 3. The staff discussed with the Board the annual contract with TRES for software maintenance on the Customer Information System. The background for the contracting with TRES on the maintenance of the software was outlined. Discussion centered around deciding under what situations the City would be billed in this agreement and under which situations TRES would make changes without cost to the City. Gary Collins compared the cost of maintenance on this software to other software. It was his experience that 10% of the original purchase price is a common industry standard for determining tke price of maintenance. Continuing maintenance is important because of the City's small staff. If the City failed to stay under maintenance, and at some later date wanted to update: the software, then it would he necessary to pay all the Data Processing Advisory Board October 28, 1982 Page Tito past maintenance charges plus a penalty. The maintenance contract prevents the software from being out of date and allows TRES to pass on to its clients all the improvements. Kith no further questions, Ray Pitmann ;moved to approve the contract. Ron Maddry seconded the motion and it was approved unanimously. 4. The contract with Priority Systems for programming assistance during the next fiscal year was presented to the Board for consideration. Gary Collins indicated that Priority would be able to hold the current price of $40.00 an hour until March 31 1983. At which time, the rate would be increased to 43.00 per hour. In responding to questions from the Board, Gary Collins indicated that Priority Systems had performed satisfactorily, and that he felt the rate proposed by Priority was still excellent. Priority Systems will assist the City in systems programming and application programming as well. Money for this is budgeted, and the contract contains a not to exceed amount of $39,825. Gary Collins indicated that this contract is a contingency contract. It is hoped that we will not have to spend the full amount authorized under the contract. Dale Maddry moved approval of the contract. Ron McDade seconded the motion and it was approved unanimously. S. Contract for licensing software with SAS Institute, Inc. was presented to the Board for approval. Bill McNarv explained that the City currently has a contract with TRES For the purchase of this software and for the interface of this software to the TRES Payroll/Personnel System. The contract with SAS Institute, Inc. Is needed because TRES has not signed the marketing agreement with SAS. This contract will establish the City of Denton as the party licensing the software. The City Attorney reviewed the contract and added to it the provision that TRES would pay for the software as previously contracted. Consequently, this contract with SAS has no financial implications and merely establishes the City of Denton as the party licensing the software. There will bo a continuing maintenance of this software similarily to the other ' application software the !;Ity has purchased. The Board indicated the need to carefully monitor the use of this kind of software to prevent completely tying up the system with the user request which is poorly designed. Gary Collins indicated the use of this software is planned in a batch mode, off hours. Data Processing will only guarantee a twenty-four (24) hour turn around to requests. This software would also be appropriately used for the Utility Billing System. At this point, no agreement exists with r Data Processing Advisory Board October 28, 1982 Page Three TRES to do this. Howeve°, TR&S has expressed an interest in exploring that possibility. With a motion by Ron McDade and a second by Ray Pittman, approval of the contract with SAS Institute, inc. was unanimous. 6. Back-up and recovery were mentioned as items for future discussion. The staff indicated that a workplan would soon be brought to the Board whiO, outlined development of thr procedures for emergency re.:uvery. With no further business, the meetin,R was adjourned. I CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2, 1982 CITY COUNCIL AGENDA ITEM Constder approval of annual contract with SAS, Institute, Inc. foc licensing their software SUMMARY: The City of Denton currently has a contract with TRES, Inc. which provides for the purchase of the SAS report writer. Included in the contract authorization is the development of the interface with SAS and the current Payroll/Personnel .System. However, since TRES currently does not have a marketing agreement with SAS, the City must enter into an agreement with SAS Institute, Inc. for purposes of licensing the software. This agreement establishes the relationship between the City of Denton and SAS Institute and has no financial obligations associated with it. The City Attorney has reviewed the contract and has added a particular provision that will regire TRES to pay for the software, as provided for in our contract with them. FISCAL SUMMARY: there is no financial obligation. ALTERNATIVES: Without approval of the contract witli SAS Institute, inc., the City would be unAble to utilize the report writing software for our Payroll/Personnel System. RECOMMENDATIONS: The Staff and the Data Processing Advisory Board recommends approval of this contract. CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney Joe D. Morris, Assistant City Attorney Robert B. Hunter, Assistant City Attorney DATE: September 20, 1982 TO: Bill McNary, Director of Finance FROM: C. J. Taylor, Jr., City Attorney SUBJECT: SAS Institute Contract for Report Writer Attached hereto is the original contract for the SAS Report Writer with a special provision being inserted to show that TRES, Inc. will pay the first year fee of $5,000.00. Also attached is a letter from TRES Systems, Inc. agreeing to make the payment of $5,000.00 to SAS, Inc. for and on behalf of the City of Denton. This agreement needs City Council approval. ~;eeL - C, TAYLOR, /11 CJTJR:jS Attachments: Letter Contract Agreement SAS Institute Inc. Number Program Products License Agreement This Agreement Is made by and between SAS Institute Inc., SAS Circle, Box 8000, Cary, North Carolina 27511 ("Institute") and the City of Denton, Texas# 215 East McKim Street, Dentcrt, Te"S 76201 ("Customer"). 1, Subject of Agreement. The Institute agrees to grant, and the s. Customer Service. The institute will offer limited consultation, via Customer agrees to accept, on the following terms and conditions, telephone or writing, on specific problems that arise in the installation nontransferable and nonexclusive licenses to use the institute's Pro- and use of a licensed IPP (including consultation to correct IPPetrors gram Products (IPPs) listed in Supplement a1 to this Agreement and or to offer suggestions as to their circumvention). In addition, error those which are ordered from time to time by the Customer subject to correction (UP) decks may be sent to the Customer to modify or cot. wrinem confirmation by the Institute. Customer's rights hereunder are rest existing program bugs. However, the Institute does not guarantee those of a licensed user only and IPP's dull at all times remain the consultation results nor represent or warrant that all errors or bugs property of the Institute. will be corrected. The Institute shall have the right to make additional charges for any 2, Term. This Agreement is effective from the date on which it is ac. additional effort required to provide programming consultation cepted by the Institute at its office in Cary, North Carolina, and shall resulting from Customer's usp of other than the current unaltered remain In force until terminated as provided herein. The Customer release of the licensed IPP, may terminate this Agreement with 30 days' prior written notice fo the Institute once it has discontinued use of all IPPs and has given notice of such discontinuance in accordance with paragraph 11 of 6. Permission to Copy and Modify. The Customer may copy any ft Agreement, provided that the Customer is not in breach of any machine-readable materials supplied by the institute, for installation, provisions of this Agreement. The Institute may discontinue any IPP maintenance, or backup purposes. The Customer may modify a license or terminate th,; !greement if the Customer fails to comply licensed IPP for its own use and merge it into other program material with any of the terms and conditions of this Agreement, to form an updated work, provided that, upon discontinuance of the IPP license, any portions of the IPP thus used will be completely 1. License. E.ch IPP license granted under this Agreement authorizes removed from the updated work Any portion of an IPP Included in an the Customer to use the licensed IPP in any machine-readable form updated work shall be used only on the CPU designated in the IPP on a single central processing unit (CPU) designated by typelserial license. number. A separate license is required for each CPU on which the licensed IPPwil) be used, provided. however, that the license granted 7. Protection and Security, The Customer agrees not to provide or under this Agreement for the designated CPU may be temporarily otherwise make available any licensed IPP in any form to any person transferred to one backup CPU while the designated CPU is in. other than Customer's personnel, to no event will a licensed tPP be operative due to a malfunction. made available on a timesharng basis to outside users without the Each IPP License shall be in effect for one Of yearfrom the "tkense written permission of the Institute. beginning date" specified In the Supplement for that IPP, unless the Customer requests a prorated license in order that billing dates for all g P. tent, Copyrigfit, and Trade yecrel Indemnification. The Institute IPPsfall licensed yearly anni on the tame date, se beginning s date' one for month each IPPbefore will defend at its expense arty action brought against the Customer to each yearly anniversary the "license for the next , the extent that it is based on a claim that a licensed IPP, used within the Institute will Invoice the Customer yeah license fee the scope of the license hereunder, infringes a copyright, wade secret, for that IPP. renewal wal o the payment of the invoice within 30 days well or patent in the United Sut,ts. The Institute will pay any costs, signify its rene of the entfo'or the IPP subject to the e terms and damages, settler, tit awards, and attorney's fees finally awarded conditions of this Agreement for one additional year. failure t pay against the Customer in such action which are directly attributable to 30 the invoice within n days after the Customer anniversary must date shall discontinue use constitute acha e such claim, provided that the Customer notifies the Institule promptly non-renewal license, and the CusCtomer in writing of the claim and that the institute may fully participate to IPP and notIf fy the Institute of its discontinuance as provided in the defense and!of agree to any settlement of such claim, Should a paragraph Ili herein, licensed IPP become, or imthe Imstitule's opinion be likely to become, This Agreement and any c the licensed IPPs to which it applies ties the subject of a claim of infringement of a copyright, trade secret, or may not w assigned, subitt ens on or otherwise transferred The ed by the Patent, the institute may procure for the Customer the right to con. Customer without the or written consent from institute. The Customer tinue using the licensed IPP or replace or modify the IPP to make it may redesignate the CPU least 10 which a licensed IPP used notifying nontnfringing. The Institute shall have no liability for any clam of the Institul, in writing at le days prior to the e redesig nation, copyright, trade secret, or patent infringement based on (1) use of 4. Charges. Initial year license fees are due within 30 days after the other than the latest unaltered release of the licensed IPI• available "license beginning date." IPP yearly license fees are subject to from the institute if such infringement would have been avoided by change by Institute upon written notice to the Customer three (3) the use of the latest unaltered release of the licensed IPP or 121 use or months prior to the anniversary date for the IPP license. To any combination of the licensed IPP with non-Institute programs or data if charges under this Agreement there shall be added amounts equal to such infringement would have been avoided by the use or combina• any federal, staff, or local taxes, now or hereafter kvled with respect lion of the licensed IPP with other programs or data . The foregoing to the charges set forth herein, which the Institute has the legal obbga- states the entire liability &the institute with respect to infringement of tion to collect amellor pay, exclusive of personal property taxes assess. any cop'rr ghls, trade secrets, or patents by the licensed IPPs or any ed on the licensed IPPs and taxes based on met income, parts thereof. SAS Institute Inc. Reference Agreement Number: Supplement Number to Institute Program Products License Agreement Customer name and address: city of Denton, Texas - 215 Fast McKinney Street Denton, Texas 76201 The following Licenses for Institute Program Products are hereby made subject to referenced Institute Program Products License Agreement. Institute OS Institute or Designated CPU CPU Location License Yearly First Year Program or Customer Type/Serial Beginning Renewal Fee Product CMS? Support? Dale Date SAS DOS Institute IBM 158-3/417L City of Denton, Texas 1Dec81 1Dec 50000, The Customer acknowledges that he has read he Institute Program Products License Agreement together with this Supple. ment and agrees to be bound by their terms a+id conditions. Further, the Customer agrees that the Agreement and this Supplement are the complete and exclusive statement of the Agreement between the parties, which supersedes all proposals or prior agreements oral or written and all other communication between the parties relating to the subject matter of the Agreement and this Supplement. For the Institute For the Customer Name _J. Michael Camp Name CITY OF DEN ON, TEXAS ~ou~» yMSignature Signature BY: Title Corporate Vice-President Title CITY M=R Date Date Have you also signed the License Agreement? lei 1TRES Systems, Inc. 4255 L6J Freeway. Suite 220 • Dallas. Texas 75234 214i233-4341 September 2, 1982 Mr. C. J. Taylor, Jr. City Attorney City of Denton 215 East McKinney Street Denton, Texas 76201 Dear Mr. Taylor: As per our conversation this date, this letter Is intended to resolve any confusion which may have occurred regarding the SAS Institute, Inc., contract. At the time the City of Denton signed Primary Agreement Number 758, the cost for the Initial License Fee to the SAS Report Writer was included in Job Order Number 003 thereof. TRES therefore at that time was and still Is obligated to pay the SAS Institute, Inc., for your Initial License Fee to the SAS Report Writer. But, as i explained in our conversation, TRES has not acquired the permission to license the SAS Report Writer under the TRES Agreement. Therefore, it is necessary for the City of Denton to sign a separate agreement with the SAS Institute, Inc. I apologize for any confusion this may have caused, but be assured that the SAS Institute, Inc., contract does not represent an additional cost to the City of Denton. Thank you for your assistance and patience in this matter. Sincerely yours, Agreed to: Elliott L~ Wood Orren Y. E Vans Attorney-At-I.aw President tas A SUBSIDIARY OF TRES CCMPUTER SYSTEMS, INC. MINUTES CITY OF DENTON DATA PROCESSING ADVISORY BOARD October 28, 1982 The Regular Meeting of the City of Denton Data Processing Advisory 9oard was held at 7:00 a.m. on Thursday, October 28, 1982 at Zttchary's Restaurant located on 1-35 in Denton. MEMBERS PRESENT: Gerald Cardwell, Ron McDade, Dale Maddry, and Ray Pitmann MEMBERS ABSENT: Bill Shanks STAFF PRESENT: Bill McNary and Gary Collins 1. The minutes of the Regular Meeting of September 22, 1982 were considered. Dale Maddry made the motion, seconded by Ray Pittman, to accept the minutes as presented. Motion carried. 2, Gary Collins discussed the installation of the additional hardware approved for this fiscal year. The upgrade to the CPU and the additonal memory has been installed. The new disk drive and the additional tape drives have been received and are also in operation. Gary explained that response time has improved dramatically and is now very good. Thus, change to the CPU has eliminated problems with jobs that have been CPU bound, In the process of Installing the CPU changes, I5H had to rep..ace the byte multiplexer Last week. This week everything seems to be In good working order and running smoothly. 3. The staff discussed with the Board the annual contract with TRES for software maintenance on the Custoner Information System. The background for the contracting with TRES on the maintenance of the software was outlined. Discussion centered around deciding under what situations the City would be billed in this agreement and under which situations TRES would make changes without cost to the City. Gary Collins compared the cost of maintenance on this software to other software. It was his experience that 10a of the original p>>rchase price is a common industry standard for determining the price of maintenance. Continuing maintenance is important because of the City's small staff. If the City failed to stay under maintenance, and at some later date wanted to update the software, then it would he necessary to pay all the Data Processing Advisory Board October 28, 1982 Page Two past maintenance charges plus a penaltv. The maintenance contract prevents the software from being out of date and allows TRES to pass on to Its clients all the improvements. With no further questions, Ray Pitmann moved to approve the contract. Ron Maddry seconded the motion and it was approved unanimously. 4. The contract with Priority Systems for programming assistance during the next fiscal year was presented to the Board for consideration. Gary Collins indicated that Priority would be able to hold the current price of $40.00 an hour until March 31 1983. At which time, the rate would be increased to 143.00 per hour. In responding to questions from the Board, Gary Collins indicated that Priority Systems had performed satisfactorily, anti that he felt the rate proposed by Priority was still excellent. Priority Systems will assist the City in systems programing and application programming as well. Money for this Is budgeted, and the contract contains a not to exceed amount of $39,82S. Gary Collins indicated that this contract is a contingency contract. It is ho ed that we will not have to spend the full amount authorized under the contract. Dale Maddry moved approval of the contract. Ron McDade seconded the motion and it was approved unanimously. S. Contract for licensing software with SAS Institute, Inc. was presented to the Board for approval. Bill McNar explained that the City currently has a contract with TR13S for the purchase of this software and for the interface of this software to the TRES Payroll /Personnel System. The contract with SAS Institute, Inc. is needed because TRES has not signed the marketing agreement with SAS. This contract will establish the City of Denton as the party licensing the software. The City Attorney reviewed the contract and added to I% the provision that TRES would ray for the software as previously contracted, Consequently, this contract with SAS has no financial implications and merely establishes the ity of Denton as the party licensing the softwa::. There will be a continuing maintenance of this software similarily to the other application software the City has purchased. The Board indicated the need to carefully monitor the use of this kind of software to prevent completely tying up the system with the user request which is poorly designed. Gary Collins Indicated the use of this software Is planned in a batch mode, off hours. Data Processing will only guarantee a twenty-four (24) hour turn around to requests. This software would also he appropriately used for the Utility Billing System. At this point, no agreement exists with Data Processing Advisory Board October 28, 1982 ,Page Three TRES to do this. However, TRES has expressed an interest in exploring that possibility. With a motion by Ron McDade and a second by Ray Pittman, approval of the contract with SAS Institute, Inc. was unanimous. 6. Back-up and recovery were mentioned as items for future discussion. The staff indicated that a workplan would soon be brought to the Board which outlined development of the procedures for emergency recovery. With no further business, the meeting was adjourned. v CITY OF DEVON MEMORANDUM DATE OF MEETING: November 2, 1982 CITY COUNCIL AGENDA ITEM Consider approval of annual contract with TRES for software maintenance of the Customer Information System SU'%(MARY : After purchasing package software for Utility Billing, Payroll/Personnel, and Accounting, the City must continue an annual maintenance contract on the software with the vender in order to keep the software current. The maintenance agreement provides for all the latest updates and enhancements made to the base system, correction of any errors that may be found in the existing software, and installing any software changes made in compliance with the Federal/State Regulations. Software maintenance contracts allow the City to minimize the in-house staff necessary to support its ongoing operations. FISCAL SUMMARY: The cost of the software maintenance contract is ten percent (101) of the purchase price. The cost of this maintenance contract is $12,000. It is budgeted in the Data Processing Budget. ALTERNATIVES: The City could choose to take full responsibility for its own software maintenance. RECOMMENDATIONS: Data Processing Advisory Board has recommended approval of the contract. 44 . ice: ~TyitE3s►'YSTf/775//rC. Primary Agreement No._ Amendment No. Licensed Materials Job Order No. 001 { Licensed Materials Maintenance Order No. ooi - 1 . LICENSED MATERIALS MAINTENANCE ORDER S ti 01 i 01 1. CLIENT: city of Denton 02 o3 02 03 2. SUPPLEMENT: , This Licensed Materials Maintenance Orde 19 2 umber 03 to as of October 1 001Client 02 04 has been made and entered In os and TRES and is a supplement to Primary Agreement Number 758 , made and 05 oe entered into as of Aril 20 , 19 al , and amended by Amendment os o7 Number A to the Pr (nary Agreement to Include Licensed Materials made 07 t o6 and enters nto.as of Aril 20 , 1981__ and supplemented by oe oe the Licensed-Materials Job-Order Num er s ool 00 i, tc to 11 3. MAINTENANCE PERIOD: This Licensed Materials Maintenance Order 12 12 ("LMMO") is for either: 13 13 4 i 14 3.1. The inltW maintenance period ending 14 15 r 19 i 16 _.16. 17 OR 17 j} _is_. 18 is 19 .3.2._.A-subsequent maintenance period beginning 83 20 October 1 , 19- $2 , and ending October 1 , 19 20 21 6 21 . .22. 4. CHARGES: -The Licensed Materials Maintenance Charges for this 22 23 maintenance period are: 24 23 24 Charge Amount 25 Charge Descri~,tion_ 26 25 -28~._.._ W ` - 27 27 f 28 Customer information system 12,000 28 30 28 30 30 3t 31 32 32 - 33 ' 33 34 t' 34 S' . 35 34 36 3 37 37 38 38 39 Total Charges 2,000 39 1 i -1- 06-8204 Primary Agreement No. 758 Amendment No. A Licensed Materials Job Order No. 561 Licensed Materials Maintenance Order No. o1 5. INVOICING: If applicable, along with this LMMO, TRES will include an .01 o2 invoice since the LMMO charges are payable in advance. The LMMO charges 02 03 are net charges. • Thera shall be added to all charges hereunder all taxes that 03 o4 are applicable to this - Agreement or any services or material provided 04 06 hereunder, or which are measured directly by payments made under It and are 05 06 required to be collected or paid to taxing authorities by TRES. Such provision 06 o7 shall, however, exclude taxes based on TRES's net income. 07 08 08 -o9 in -the event-that TRES provides services to the Client during the maintenance 09 10 period which are billable, TRES will invoice Client monthly for all manhours 10 11 worked and reimbursable expenses (reference' Standard Rate Schedule 11 12 attached). Invoices will be submitted by TRES on or before the tenth working 12 W-day-of the month for hours worked and expenses incurred during the prior 13 14 month. 14 is 15 18 6. PAYMENT: Payment terms are net cash In USA dollars, payable to TRES 18. 17 at its offices in Dallas, Texas, within thirty (30) days of postmarked date of 17 t6 invoice. Late payment charge is the lesser of 1.5% per month or the maximum 16 1g amount allowed under applicable usury laws. 49 20 20 21 7. STANDARD MAINTENANCE PROVISIONS: 21 22 22 23 7.1..- For as long as the Client has prepaid the maintenance charge and 23 24 either is paying or has paid the License Charge, then during the 24 2s maintenance period TRES will: 25 26 26 7- 7.1.1. Supply temporary and/or permanent corrections or make 27 -25- reasonable attempts to provide emergency bypass procedures if a 28 A_. problem is identified in the Licensed Materials which yields incorrect 29 30 results and if 'TRES'-diagnoses the problem as a defect In a current, 30 31 unaltered release of the Licensed Material3. 31 -32 32 33 7.1.2. Provide the Client, at no charge, any known problem solutions 33 -34 relating to the Licensed Materials, . as said solutions become known to 34 35 TRES. 35 36 36 37 7.1.3. Provide Modifications to the Licensed Materials to accommodate 37 36. - any new IBM Operating System release; - provided the hardware 38 39 instruction set and/or Operating System remains upward compatible and 39 40 further provided TRES has available to It all the necessary information 40 41 regarding the Operating System release and TRES has installed and 41 42 operated said Modifications for Its own use or for the use of any other 42 43 client of TRES at the time Client requests, in writing, said 43 44 Modifications. Such Modifications shall be provided to Client at no 44 45 charge, subject to other provisions herein, as soon as possible after 45 46 the Licensed Materials update incorporating such Modifications is 48 47 released for general distribution. 47 -2- a6-8204 Primary Agreement No. ~5a Amendment No. A Licensed Materials Job Order No. Licensed Materials Maintenance Order No. 01 7.1.4: Provide (subsequent to the Initial Maintenance Period) the 01 02 Client-with up to sixteen (16) hours per year of on-site consultation 02 03 by a TRES Professional Staff Member(s) to provide general 03 04 consulting, system performance evaluation, retraining, and other such 04 05 consulting/nonprogramming activities as may be required. Client will 05 08 be charged only for expenses Incurred, such as travel and living 06 07 expenses. 07 08 Oe 09 7.2. Notwithstanding 'the foregoing, however, Client understands and 09 10 agrees that the complete and sole responsibility for the maintenance of the 10 11 Client's Installed version of the Licensed Materiais remains with the Client 11 12 and Client shall be responsible for installation of all corrections, problem 12 13 solutions, Modifications, and other changes to the Licensed Materials 13 14• provided by TRES hereunder. However, upon request of Client, TRES 14 15 'will deliver and Install program corrections and Modifications at the Client 15 as site and will invoice Client at TRES's then standard rates for labor, and 18 17 for travel and expenses for this service. 17 18 18 19 7.3. TRES's correction of errors in program code in a current, unaltered 19 20 release of the Licensed Materials-that TRES has delivered to the Client is 20 21 subject to the following conditions: 21 -22 22 ..7.3. Errors . will be reported to TRES by an authorized 23 24r representative of the Client. Initial reporting may be by telephone or 24 25 whatever means deemed expedient by the Client. 25 28 26 27 7.3.2.__Should_it be determined that TRES will be unable to resolve 27 28 the problem with the information provided Initially, within twenty-four 28 29 (24) hours, not to include weekends and holidays, of receipt of the 29 30 initial report,. TRES ' shall advise Client to forward additional 30 _ InformatiorL=accompanied by the Error Reporting Form, an example of 31 32 which is attached.'- Requested information could include all necessary 32 33' and applicable documentation, data files, listings, console logs, and 33 34 the like. 34 35 35 38 73.3. TRES. -will make a reasonable effort to provide a temporary 38 37- correction and/or permanent correction or provide an emergency 37 38 bypass procedure to Client within five (5) working days of receipt of 38 39 initial report. If more time or data is required by TRES for 39 40 correction, TRES will inform Client of TRES's proposed course of 40 41 action and will provide Client with a, proposed target date for 41 42 completion of the correction. TRES may request such -additional 42 43 -computer runs as are necessary to duplicate the conditions at the time 43 44 of the error and to provide additional necessary diagnostic 44 45 Information. , if the Client requires a more rapid response time than 45 as the target date for completion of the correction proposed by TRES, 48 47 then TRES will endeavor to meet such sooner date for completion of 17 48 the correction but will Invoice Client for all labor time actually spent 48 49 for travel and for expenses. 49 .3. 06-8204 Primary Agreement No.' 758 Amendment No. ' Licensed Materials Job Order No. 031 Licensed Materials Maintenance Order No. 007- 01 7.3.4. =TRES will Invoice Client at TRES's then standard. rates for 01 02 labor, as well as for travel and expenses, Incurred for analysis of any 02 03 errors or other conditions not caused by an error in a current, 03 04 unaltered release of the Lice' zed Materials. These include, but are not 04 05 limited to, data errors, program customization, operator errors, system 06 0e misuse errors, hardware or operating system malfunction, noncurrent or 06 07 nonstandard versions of hardware or operating system, later changes of 07 0e hardware or operating system which require changes in program code, 08 09 and failure to incorporate corrections and operating system upgrade 09 0 modifications previously supplied by TRES. 110 1 11 12 8. EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, 12 13 PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS 13 14 AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORIZED AND 14 is EMPOWERED TO ENTER INTO AND EXECUTE THIS AGREEMENT. EACH PARTY 1s `16 -FURTHER'' -ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, is 17 UNDERSTANDS IT,-.AND-AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, 17 18 Client and TRES have executed this Agreement as of the date first indicated 19 'i9 above. t TRES SYSTEMS, INC. CLIENT CITY Or DENTON By P U By Name BARNELL ALBERS Name Title EXECUTIVE VICE PRESIDENT _ Title ".Date o eER-22; 1982-... -..Date .4- 06-8204 MINUTES CITY OF DENTON DATA PROCESSING ADVISORY BOARD October 28, 1982 The Regular Meeting of the City of Denton Data Processing Advisory Board was held at 7:00 a.m. on Thursday, October 28, 1982 at Zachary's Restaurant located on I-35 in Denton. MEMBERS PRESENT: Gerald Cardwell, Ron McDade, Dale Maddry, and Ray Pitmann MEMBERS ABSENT: 8111 Shanks STAFF PRESENT: Bill McNary and Gary Collins 1. The minutes of the Regular Meeting of September 22, 1982 were considered. Dale Maddry made the motion, seconded by Ray Pittman, to accept the minutes as presented. Motion carried. 2. Gary Collins discussed the installation of the additional _hardware approved for this fiscal year The upgrade to the CPU and the additonal memory has been installed. The new disk drive and the additional tape drives have been received and are also in operation. Gary explained that the CPU dramatically and now response time has improved good. Thus, , change the process of the jobs that have been CPU bound. In the CPU changes, IBM had to replace the byte multiplexer last wjek. This week everything seems to he In good working order and running smoothly. 3. The staff discussed with the Board the annual contract with TRES for software maintenance on the Customer Information System. The background for the contracting with TRES on the maintenance of the software was outlined. Discussion centered around deciding under what situations the City would be bille3 in this agreement and under which situations TRES would make changes without cost to the City. Cary Collins compared the cost of maintenance on this software to other software. it was his exoerienc;e that 101 of the original purchase price is a common industry standard for determining the price of maintenance. Continuing maintenance is important because of the City's small staff. If the City Eaile:. to stay under maintenance, and at some later date wanted to update the software, then it would he necessary to pay all the Data Processing Advisory Board October 28, 1982 Page Two past maintenance charges plus a penalty. The maintenance contract prevents the software from being out of date and allows TRES to pass on to its clients all the improvements. With no furthev questions, Ray Pitm.ann moved to approve the contract. Ron tladdry seconded the motion and it was approved unanimously. 4. The contract with Priority Systems for programming assistance during the next fiscal year was presented to the Board for consideration. Gary Collins indicated that Priority would be able to hold the current price of $40.00 an hour until March 31 1983. At which time, the rate would be increased to 43.00 per hour. In responding to questions from the Board, Gary Collins indicated that Priority Systems had performed satisfactorily, and that he felt the rate proposed by Priority was still excellent. Priority Systems will assist the City in systems programming and application programming as wall. Honey for this is budgeted, and the contract contains a not to exceed amount of $39,825. Gary Collins indicated that this contract is a contingency contract. It is hoped that we will not have to spend the full amount authorized under the contract. Dale Maddry moved approval of the contract. Ron McDade seconded the motion and it was approved unanimously. 5. Contract for licensing software with SAS Institute, Inc. was presented to the Board for approval. Bill McNary explained that the City currently has a contract with TRES for the purchase of this software and for the interface of this software to the TRES Payroll/Personnel System. The contract with SAS Institute, Inc. Is needed because TRES has not signed the marketing agreement with SAS. This contract will establish the City of Denton as the party licensing the software. The City Attorney reviewed the contract and added to it the provision that TRES would pay for the software as previously contracted. Consequently, this contract with SAS has no financial implications and merely establishes the City of Denton as the party licensing the software. There will be a continuing maintenance of this software Simi?rarity to the other application software the City has purchased. The Board indicated the need to careNtly monitor the use of this kind of software to prevent completely tying tip the system with the user request which is poorly designed. Gary Collins indicated the use of this softwara is planned in a batch mode, off hours. Data Processing will only guarantee n twenty-four (24) hour turn around to requests. This software would also he appropriately used for the Utility Blllirng System, At this point, no agreement exists with Data Processing Advisory Board October 28, 1952 Page Three TRES to do this. However, TRES has expressed an interest in exploring that possibility. With a motion by Ron McDade and a second by Ray Pittman, approval of the contract with SAS Institute, Inc. was unanimouS. 6. Back-up and recovery were mentioned as items for future discussion. The staff indicated that a workplan would soon be brought to the Board which outlined development of the procedures for emergency recovery. With no further business, the meeting was adjourned. CITY OF DENTON MEMORANDUM DATE OF MEETING: November 2. t982 CITY COUNCIL AGENDA ITEM Discussion of the creation of a Health Care Facilities Development Corporation SUMMARY: 'rhe City Council requested additional information regarding the Health Care Facility Development Corporation. First Southwest Corporation has sent a letter providing additional background and also a copy of the act which provides for the creation of this corporation. FISCAL SUMMARY: Actions of the Health Care Facilities Development Corporation have no direct financial impact upon the City of Denton. ALTERNATIVES: RECORMENDATIONS: f FIRST COMPANY INVESTMENT HANKERS MERCANTILE DALLAS BUILDING DALLAS, TEAS 75201 p .tt4l 742.4461 !AM Y. /LAR JR. October 8, 1982 vac[ rra[sIVIaaN nT + Mr. William H. Mc Nary Director of Finance City of Denton Municipal building 215 East McKinney Denton, Texas 76201 Dear Billt It was certainly a pleasure presenting to the Council the basic mechanics, applications and framework of Health Facilities Development Bond financing in Texas. As you know[ this form of financing has been a relatively recent development in private purpose, tax- exempt financing In Texas, born out of the original Development Corportion Act (the "Act") initially passed in 1979. In 1981, however, the Texas State Legislature amended the original act to exclude health-related projects and specifically enacted the Health Facilities Development Act (the "Health Act") to differentiate between industrial/ manufacturing projects and health-related projects. As a result of the more recent emergence of the Health Act, Health Facilities Development Bonds are not as prevalent as are their industrial counterparts. The Mesquite Health Facilities Development Corporation has completed one health-related issue and Is working on several others. Bowie County In the Texarkana area has given consideration to two more projects. One of our associates In San Antonio Is working closely with the San Antonio Health Facilities Development Corporation on several projects under consideration there. Due in large part to its early beginnings in the industrial area, the Health Act borrows heavily from the original Act for its structure and financing requirements. All Health Facilities Development Corporations are created and authorized by the local governmental unit, In this Instance the City Council, and operate at the continuing discretion of that governing body. The Health Act diverges from the original Act, however, in that n~% specific action Is required by the Council to ratify the final authorization of bonds by the Board of Directors of the Development Corporation. Instead, a description of the Project and the designated use of Bond proceeds is required to be put on file with the City as an item of public record for a period of 14 days prior to the delivery of the Bonds. The Council may act to disallow the issue, but if no action is taken the Bonds are presumed to be approved. Recent federal legislation has altered this provision however, and may, In fact, require the specific approval of the Council on those bonds Issued after December 31, 1982. OCT 1 1 1982 FIRST,600 Wdt OOytPANY Mr. William H. Mcvary October 8, 1982 Page 2 Additionally, unlike industrial revenue bonds, which must also be reviewed and approved by the Texas Industrial Commission (the "TIC"), health-related bonds are not reviewed at the state level except as regarding Incidental requirements such as that for a Certificate of Need as is the case with hospital expansions. Consequently, the Board of Directors of any local Health Facilities Development Corporation should conscientiously examine each issue. Health Facilities Development Bonds are intended as a tool made available to local governments In their promotion and management of new growth within those local jurisdictions. These Bonds do not constitute a debt, liability, general or moral obligation or pledge of the Development Corporation, the City, the State of Texas or any of its political subdivisions. In all Instances, these Bonds are obligations of only those entities acting as the principal user of the facility or facilities financed with such Bonds. As always, it Is a pleasure working with you on this and other questions where I may be of service. Should the staff or council require further explanations of this or similar types of private purpose, tax-exempt financing, please call me, my associate Mary Macaulay or my secretary Victoria Wahlstrom. Sincerely, U' am V- FI rance, J SVFsvrw 7tJtA;f ra,=.tnrlve reurv rte. Jtl,'~F'AS EMA[.I Y. ~fl.'7~ AND lLbT h` hi 1J1R7a+T 6-B-lo--16s I AN ACT 2 relating to the lncotporation, regulation, edm1nistratl0n, ."~utatrng, 3 and dtsscittlon of nonprofit health facilities de:oitopeent 4 cotporations created by titres, counties, and hospital S for the public purpose of ptomoting and developin4 new, wxtnarded,i 6 and improved health-care 111.1 Ilea%01-cats-related f K ::titles T necessary for health este, research, and rJUCatson; PLO*-'I :t11"a the a dutiet, pouirs, and privileges of the corpotatiott• .r.i their 9 sponaorInq potttIca I entItIes; malting cot tain pi ovlst,„a tut tax 10 o9foptions and taxation of users. tl BE 17 ENACTED BY Tilt LEOI SW UPE OF TIIE STATE, aF TF If SECTION 1,01, This Act may be cited as tE# "Peal th .4 13 facilities Development Act.' 14 6ECTiON 2.02. It is l+saeby found, dete 101 no.1, u,f ra.:lued is Yvt the oresertt and prospective health, safety, a«a w nerel 16 Weliate of tr,e people of this state tequtte the ptovidinT 7r health 17 facilities, as defined in thts Act, of adequate, Te ascn a~ ra, and 1B acce►stbie health ute, testatch, and education; that such health 19 facilities In many portlons of this state are presently ir,~ae late, 20 Inadequate, or insufficient In numbers and that the cost of health 11 cue, research, and education within this state has in waare.. cues i2 become excesslve. It is the purpose of this Act to enabir cities, 23 counties, end hospltst districts, as defl11ed in this Act, ctsatr 21 eolpolations, as defined In this Act, With powers n-r ids, 25 expand, and iaptovs hosith facllltles, as defined In --ius act, 26 doteimine.i by tech cotpotatlnns to to needed for the :>,jfpeslr of t II.B. lta, T66 II.B. Ye-. 766 I lrp:ct•111y the adequacy, cost, and accessibility of health care, k (A1 the coat of kilo acquisition of all lend, rights-n[.-way, 2 tesaelch, uid education within lhl6 state. It is therefora e 2 opLSona to purchase land, easements, leasehold *states in Ionic and 1 dettimined and declated as a matter of public pot icy that the 1 Interests of all kinds in land related to each health faciltrr~ I eteatton of such corporationt<, the Issuance of revenue bonds and d e6) the Cost of kilo acquttttlon, construction, cult, S notes by such cetpotationm, and the exercise of the other powers of S renovation, remodeling, or Ir;,ovement of all bulidinsn and 6 such corpot-at.lons, all as herein provided, are to the public 6 Structures to be used ■s of In cOn)wnctten with such health 7 tntelest and in furthetance of an important public putpose. This 7 facility, B Act shall thetafora be liberally eonottued in conformity with the a (C) the cost of site preparation, including the -st of 7 intenttun of the legisilture herein axptuted. g demolishing or removing any bulldlhgs or sttwetules the remrv-e1 of 10 SECTION 1.07. When used in this Act, unless the context 10 which Is hoeestary at incident to ptoviding such health fac~,;iity, 11 teq.,ites different definition' it (D) the coat of archttectutal, engineering, teoa.. and 12 111 "Bond of directors' means the board of directors of any 12 related setvicets the cost of the ptfparatton at g.lana, 1 13 eotp,istlon organlaed pursuant to the provisions of this Act. 11 specifications, ttndios, surveys, and estimatsa of test and Of la (2) 'Bonds' means bonds, notes, interim certificates, or 14 revemler and ail other expenses necessary or incident to rianhina. 15 oti+er evidences of tndshtedness of a corporation issued pursuant to l5 providing, or detetmining the fu etbillty end practicArl,_.ty of 16 this he-, 16 such health facility, 11 (11 "clt2' means any municipal corporation of this state 17 (EI the Coat of all machinery, equa meat, furntsh.•rrs, and 1R pteeently exaatlnq or cleated hereafter, whether existing or to facilities nocesesty or Incident to the equlrping of such health 19 createl by general law or pursuant to a home-rule charter. It facility so that it may be placed in oreratlon; ' :O 111 'cciporatton' mains any health facilities development 20 (r) the cost of financing charges mild Interest prlu- to and 21 COl:oratdeh created and existing under the prdviatens of this Act 21 during construction and for a MAXIMUM of two Yeats after C❑r.;r,ietlon 22 as a rublic corporation and Constituted Buthorkty for the putposes 72 of cometauction and the start-up costs of such health r a:Slity 21 lot fetch in tilts Act. 21 duting construction and for a maximum of two Vests after c.eal ietlon 21 151 "cost" as applied to a health facility, as heroin 24 Of construction, 2! de: ~•i, sea-u and inclules any and all costs of such health 2% 101 any snd all costs paid or incurred in eornec-: or, •Itl to IS.:lt-y 11"14, without limiting the genetuily of the fotegoing, 16 tht flnanclnq of such health facility, including our.-..,. .pock77 21 s!u!t include the following. 21 expenses and compensation doserlted in Subsection lei of Fectlorl 2 V i r 9.5, IW, 736 S.D Ho. 766 1 4,04 hetvof and Jut they Licludiug wi tltout limitation the cost Of l ant erg In9, temodeIt III, rellOyal 111 9. tovl m 9. p 1, fat nigh t.uo. at 2 (I TUnciti legal, ace ou,tt J nq, financial advisory, and appraisal 2 egttI ppt ng of which Is fotmd by the board of dttecc0rs of the i fees, ekpe+toes, and disbursementar the coat of any polity of 2 COtpOtatlOn to be re utttd, necesset q Y. of convanlent fat tic altA 4 policies of title iusurancel the cost of printing, engraving, and 4 care, tesearch, and educatton, any one or mote, within th:s state, S re„ oductlon servicesi end the cost of the Initial or acceptance S 17e9aldlesa of whether suth ptoretty it In existence or a to be 6 fee of any ttustee of paying agents and 6 ptovided after the making of such fJndiug. Without Lim, ttrg the 7 (H) all di r ct ■nd Indirect costs of the corporation, as 7 gtnetality of the foteg0 J ng and wizen found by the „catd of B heteln defined, inctn ted In connection with providing such health a directors of a cotpotation, as heteln defined, to be se csqulred, 9 facility, Including without limitation toasonable sums to relmbares 9 necessaty, or conveulent, "health facility" shall Ime_ude any 10 such corpotation for time spent by Its agents or employees with 10 CombJnatlon of one or mole of the [o1lowlnq! 11 rtspect to piavlding such health facility and the financing 11 (Al any Iarvi, bui I d I ng s, equipment, marhlnety. fCuTnJture, 12 thereot. 12 facilities, and Improvementsl u (6) "County" means a political subdivieloh of the State of 11 (D) any atfuttute suitable for use ss a hnspJeat clinic, 11 Texas created and establ tsh eJ under Article IX, Section 1, of the 14 health facility, nursing home, extrisAAd•c ate faellify. cu^- tatlet.t 1S Constitution of Texas, I 1S facility, rehibilltatton facility, pharmeuy, medical 1W.t1atery. Ir, (7) "MI&C t a I " means any membet of a bosrd of directors, as 16 dental laboratory, p11711clar11' office buitdinO, 14onAtr facility, it hetain uufinvi. 17 edelnistiative faculty, eompnter, facJ,'ty, eommunlcatlen tfe;tllty, in 161 "District" means a hospltat district presently existing 15 111e•07htin9 Or firs-pteventlon facility, food Vo n ore and 19 or created hereafter under authority of the constitution and laws 19 preparation facility, patklttg facility or peeking elec. Storage 20 of Texas. 20 facility, utility facility, x-ray facility, or buildin7 rw:mted to 21 (9) Nooverning body" means, with reference to a sponsoring al ■ny health-care or hu ith•care•related facility of syst.•m. 22 am icy, as heteln def tried, the board of directors, eounet 1, 22 (C) any structure suitable for use as a mu It Iun:t bouaing 21 ccmi sston, comwiaslonets court, managers, trustees, or similar 21 facility for media t staff, nurses, lntenu, slid other Hs e q-:ryees a! 24 t,e!/ chat7eci by ley with 9avernance of such spansoting entitY• 21 a M alth•cele of health•c n e•telated facility or &S et** and it's 25 1101 "Health facility" means and Includes any real, 2S re a ttv6 s of such persona, patients of a health•talt fax .:tty. Or 26 retsonat, or mixed ptopetty, or any interest thetein, the 26 ratan ^1111 of patlents adc,Itted for tieatment or rxr+ to a 21 ftranklUy, teftusncing, a quJrfng, providing, constructing, 27 health-care facility; 4 S 1 ID) any attuctute cut tab It for use as a medical of dental s.a atom 766 1 sponaoting etltittoo only, to mccotdance with the proce,lt,mos set 2 reteu eh facility. medical or dent+l trnf hl nq facility, of any ' 2 forth In this Act, ncnmlmtel, penstock pttblle corporations •ah the ] other facility used ilk the education or training of health-care ] powers heteln set forth for the sole putpose of ac.pt l It Ing, 1 ptnm+nelt 1 eerutuictfW). providing, Imptoving, [inanc In9, And refis. nclnq 5 IE) Any ptapetty or materla! used In the land seapfnq, S health facllltlra !n order to assist. the roatntenante of the public 6 equICpIng, or futnfshIng of a health-care or health•care•telated 6 health, which purpose 1s heteby declased to to a public pu,-ycse of i facllsty or any similar items accessary or cenve pleat for the T this state and of every spohsortuy art lty on behalf of whl<;ti such a a cperation of ■ health-care or health-cate-related facility$ and 6 cotpotetton is created hereunder. tvety sponsoring enr_,ty is 9 I[1 any other st teat smite, facility, or equipment related to 9 hereby authorized to create and to utilize one at sore to rpn r, stlons 10 or essential to the operation of any health-care or 10 (l) to provide health facilities for the promotion and dos" vpaarlt it health•e+re•celated facility or system except that s health it of hetlth care, research, and education, all for the publt. purpose i! [a:tiftl' shall not Include any nu a lnq home organlred for profit. 12 of ptonotinq the health and welfare of the citizens of this state, 13 (ll1 'hatotutlon` means any resolution, order, erdlnince, or 13 and f21 to imbue bonds on its behalf to fir.enre the Cost 2 be+lth 1+ other official action by the govetntnq body, as heroin defined, of 1+ facilities, all as provided in and in accordance with th• -!,:es of 1% a spnotaring entity, so herein defined. 1S this Act. No sponsoring entity is or shall to Aulhott:,t to tend IS 1121 `Sponsotlr,g entity' means any city county, or 16 Its erodlt of grant any public money of thing of value In e,d of A 17 d Utrfet, all as heteln defined. 17 :otparatfon. is 1131 'User- means the person or persons, whether natural or is StCTI011 2.02. Irhenaver the govetning Cody of a stnansctinq l9 cotparate, who will occupy, operate, manage, or employ a health 40 facility, as hrreSn defined, after the tlnanetnq. acquisition, or 19 entity by appropriate resolution tends and detetmines that -t is in 20 the pubiic interest and to the benefit of its residents ahd the 21 eoustiuctlon of such health facility, whether as owner, purchasal, 21 ctticens of this slate that a corpotatfon be created to pe.raaate and 22 leans, manager, or otherwise. 22 deeelop new, expanded, at improvef health facilities in ordst to The use of a alnyul+r tots heron shall also fnClude the 21 Assist the maintenance of the public health and the publle welfare, .1 platat of such t*Lm and the use of A plural tats heteln shall Also 71 the govarning t•ady 'RAY by appropriate resolution author ..A And :5 1n•:lu1e the sinyular of su_h term unless the context clearly 2S appto^e creation of dill or mote totporatlons on beha of :he a tequitea A diffelent eonn5t.tlon, 26 sput~o[lnq entity with the pevais set forth In this Act art.O shell 2. SfCTltltl 2.01. Theta are hereby authottred to be cleated by 27 ■pptore ptepoeed Articles Of Sncalporatlon tot such coca.crat wn6 7 s O.D. "U. $*a l Any number of natntal pat eons, not teas than three, each of whoa is Z If. 140. 766 2 at least 19 yea-s of age and a realdeirt of the sponsoring entity, 1 (10) the name Awl address of the sponsoring enr_tty and a ) Fir then Oct as lltCO[palateIS Of such corporation by signln2 and 2 statement that the spousorlnq entity Itaa by resolution sr,,ecifieally verifying the attIcIss of incorporation and dal Iva itng the original ) authoilted the cotporatloo to act on its behalf to ntrthar the S n.d two copies of the attlcl a of incorporation to the secretaty of { public putp.se ■et forth in the art Wes of Incotpant.,rn and has 6 state. The at titles of incotporation of the corporation shall not S si+proved the articles of incorporation. T forth: 6 It shalt not be neccessty to set forth in the .t-ic1 a of (1) the name Of the cotporatlon; 7 lncorporation any of the corporate powers enumerated ter this Act. 9 121 a statement that the corporation is a nonprofit public 13 Vnle a the articles of Incorperatlen provide that a chanust in the to cotporatlon) 9 number of dlte0tar■ t.hall be made only by amendment to ptre articles It O) the period of duration of the corporation, which way be 10 of tncotporatlon, a changa in the number of din%r:u-s leads by 12 perpetual; 11 amendment to the bylaws shall to conttwfllnq. In All arr,eer C 164S. 11 14) a statement that th= purpose of the corporation Is to 12 whenever a provision of the artlcloa of Intirp;a:aIIon is III It scgnlra, construct, provide, improve, finance, and tefinance health 1) Inconsistent with a bylaw, the ptovlston of the ,n.'tI:lea of is to:IIitits to a silt the matntunance of the public health) 1-1 rtic 0tPe rat1oil shall be con ttollrng, 16 ($1 a statenerit that the corporation has no member a and 16 a Is 6ECTI011 2,01. (a) The original aui tvo tapof the 17 nonstocIt cotpatatloni 16 artrclea of tncotporatlon and a cettlfla3 espy of the -~sc2utivrs by 16 161 any prrvisson tot the tegulation of the internal affairs 17 the governing body of the sponsoring entity aprtovinp ,uc_t. 6ttlclas 19 of the corporation not Inconsistent with law, including any to shit) be delivered to the secretary of state, if the sa.,^;etary of 20 rrr rslon undsr this Act is required or permitted to be set 19 state finds that the er titles c! tneotreration contters, to w 21 forth to the byiawe; 20 requttements of this Act and here been sppieved by th, prrerning 21 body of the sponsoring entity, ha shall, when all fayrt gars been 22 (7) the street 6ddteu of Its initial ngtstered office and 21 tts name of Its Intt ul registered agent At such street 14,19011+1 22 paid as In this Act presctibed, 21 tat tilt number of directors constituting the Initial board 22 111 ehdorse on the orlgihat and each copy of mans attlcles of s and the namss ant addreises of the persons sho are to 21 the word "filed" and the month, day, and year tr•s !!lint 216 et:"f as tht Inrtlal dire :tots; 2S thereof, 2' 19) the rune utd street address of each Incolporalorr and 26 1!) Ilia the original of such ertlcles In his Oft 6.t: AhJ 27 131 Issue two ceetiflrates of Itreorporatron to a+r.rT rf which e ; 9 : 6, Ito. r66 No. 766 1 Ire 511411. affix one copy of such articles. 1 tilt eoipotatloil vas rcaatld by appleprlata tesolutlon finds and Ib1 A certificats of Incoi potation, together with a c6py ri 2 delelmf hos that wch amendment is advisable and awthise item or 1 thr alticleo of 641corpotatlen affixed thereto, shall be delivered 1 directs that such amendment be Pads. 4 bj ti,e aecretaly of state to the tncarpotators or their 4 (b{ the articles of amendment shall he eaecu c.wd by the S teptesentatlve and to the govtlnluq body of the sponsoring entity S corps u p on by Its piesddent of by ■ vlce•ptesldent and 0 Its 6 on behalf of which rile eeipo n tion was created. 6 sectetaty or an assistant seetetaty or by the piestdtnq acrrcer and 7 (cI Upon the issuance of the cettificats of incorporation, 7 the secretsty or eletit of the governtnq body of the wz4onsorinq 9 the corporate existence shall ..,11n, and such certificate of a entity an L•ehalf of which the colposatfon was cleated. w c-afled by 9 inrcirotatlort shall be conclusive evidence that all conditions 9 one of the offrcet■ signing much antlclts, end shall se: lvrth: 10 I r:,Jent talnltad to be perfotmed by the incotpot&to%a and by the to 111 the naa,e of the coiperatlon: it ep-n•-iIlnq entity have been complied with and that the eolporatlon 11 (2{ It the amendment allela any provrstcn cf t.,e 4c-491nal or 17 has teen lncerpurated under this Act. 12 amended attieles of incorporation, an identification by :eftrence 11 Sf CT101t 2 07. After the Issuance of the certificate of 11 or deoctlption of tht altated ptovlslcn and a statement rd its text 14 Inc.>tparatlcn, an argautlational meeting of the board of directors 14 as it is amended to read; If the amendment to an 1311ttan. to the 15 ra,tJ in th.o aitt.les of Incorporation shall be held within this IS original or amended articles of tncok!,+ia U ou, a seata,e•.nt of that 16 sta:+ at the cell of a maJol lty of tine incotperatots for the 16 fact and the full teat of each pio, rt:en added; an-1 17 pn:rrsa e, adopcrlrs bYlsus and electing offic•ts and for such other 17 111 the name and current add esa .f the %pontonrnu entity, A 11 pu:p0341 is may come before tilt meeting. The incorporators ralllng 1! statement that such amendment was aothotlted by the gevn n,,inq body 19 the meting shall gire notice thereof by mall to each director 19 of the sponsoring entity, and the date of the meeting ar- w1,1ch the 2U na-t2 In the wilcl:s of incorporation, which notice shall state 20 amSndment was adopted or approved by such go+•tlnlnC t-otly , 21 'h• time and plarc of the meeting and shall be .nailed, rostage ' 11 SECTION 2.06. (a) The original and two cepiis of the 22 ftsp+1.i, net less than live drYa prior to the time of such mtettny. 22 articles of am.end,ant shall be delivoi ed to (lie secret3l of State z1. StM oll 2,05, (a) The articles of lacosporatlon shall be i 21 together with a certifled copy of the itsolution of the gavtrnlnq 74 acnndrd at ally time and from time to time to ally and as ma,Y { 24 body of the sponmettl~q entity aulluf a Uiq ouch srtirtHV It the :eloiets as mat ce 3e aired so ton-l as such articles As aPecdej 25 eeccetaty of state finds that tl,e sitlc:es of amendment rnn:orm to ;6 coecain only such pr~)rlsions as are lawful undtr this Act when and 26 the tequltemehte of this Act and have Men authv,e:ed by the 2' t! :ha go:ell+ing body of the sponsoring entity on behalf of which ' 27 ga:etninq body of the sponso ung entity on behalf of wt.lch the 10 11 I S.B. No. 766 S R. Me. 766 1 corp:latlon was cleated, he shill, when sit fees have been paid as I created, authotice, execute, and (lie testited ar t:t=ia■ of In this Act pteac tibed: 2 lncorpor at lot, Willett may testate it titer, 3 ill enJOlre on the original slid on each copy of Such 3 (1) the entire text of the atticlts of lncoLl-11tcien as t articles the void 'f t led' and the month, day, and year of the 4 atxendad or utrplemeuted by All certificates of ameniment ptrevleusly 5 flllu7 theteof; S Issued by the aecretauy of state; or 6 121 file the oslglnas of such articles in his officer and 6 (21 the entire text of the articles of lnaorpncvtton as 7 171 Issue two certificates of amendment to each of which he I amended or supptemented by all certificates of acetwlr.ent pr-eviously 6 shall affix one copy of such attlcles. B Issued by the secretary of state and as further amenied by such 9 Ili) A ceitificate of amartdment, together with a copy of the 9 lestxted articles of incorporation. to articles of amendment affixed thereto, shall b delivered by the ID (b) It the gestated sttl:.-•t of in:ort+cratlon rers-ats the 11 secretaty of state to the corporation or its representative and to 11 entire articles of incorpotatlen ar arerJmd dud auirttmenttxti t•y all i? tlis got'etulnq body of the sponsoring entity on behalf of whirl. the 12 certificates of amendrent previously Issued by tI.o sectPM ary of II ectpCratlon WAS created, 13 state, vtthnut making any further amsne!went thew ~ni, the it icl Upon thi Issuance of the cettifieate of amendment by the 1e lntroductory paragraph shall contain a stotcrent I.;tut the is sec-rotary of state, the ■r.teudment shall become effective and the 15 lnsteumeht aceu utety tortes the sttlrles of Inc r.r^^t ,t+t it and all li ar::clea of tucotp'll at ton Shall be deemed to be amended 16 amendmr•.ttli thtteto that are In eff,_t to date Mr,I stmt the 17 accatd:r:ly. 17 instrttmer.~ contains no chance in *he plc%I tb.te'f era^tded '9 Idl No an,r u,fot lit shall affect any exlating cause of action Is that tine numter of directors then constltutit:a th, r-st:f of 19 to fa':ot of or agsirrat Such cosrorallon, any pending suit to which 19 dlsectets ahJ the names and adJressrs of the palscne t'eete serving 10 s.-5 :r: oo: talon shall be a party, or the seistlnq rights of any 10 as directors may be Inserted in lieu of similar uirfnreatlon ?I person.; and. Ili tha event the corporate name shall be changed by 21 eoncetnin9 the initial board of directors, slid 'he name stns address as-lid-:nt. nu rust brought by or against such corpciation under its 2i of each Li-:porator may to omitted. fctma: :amt shill at.ate fat that lesson. 2) (cI If tLe itatat~J Attic)es Of incatrorvtlon t.et•ttate the .l SFC11"!i .,01. Is) A earrntation ray, by folloWtug the 24 entire a toles 'f lilcot;et,tiao as am,~nJed slid Suppiex:erlr(Ma by all P= :e to mend the al'Ici ea o: Inc_r pot ati or. rrovl ded by ibi s 25 eel: If l: it et of an'attdnent pte Icasly tasued by the sect Mtary of -===Acin. luitn+ rt:at :i in7 %%'th,ol r Cation from the gone writ rig body of 26 state aryl AS fill tiler slim.].I ty such esS:Sted ar^~t: les of ' ,c ospet atlru. th. inet t ume+tc .rural Wing such atIt IC It s ha..; tin r;•a'a.:1114 cnt:tr on behalf of which the cotpora:lon was 2 u I 22 U S.D. t1o, 766 % Ho. IDb I (l) set (orth for any amendment marle by such restated 1 SECTION 2 08. (a) The otiginal and two copies of the 2 atticles of lucerporatlon a statement that each such amendment has 2 restated articles of incorporation and a certified ccpy of the 1 been ellected in cou(atmity with the provisions of this Act and l resolution of the 9overninq body of the sronsoriMU entity 4 fm thcr set forth the statements required Ly this Act to be 4 ■ulhoilr i ny sue Ii ar tic leis sits II be da l iv er ed to the seera-tory of S contained in atticlet of amendments provided that the full test of S state. It the secretary of state finds that the restateo articles 6 Inch amendments need not be set forth except in the restated 6 of incorporation conform to ti,e tequttements et this Act wind have 7 articles of incorporation as so amended. 7 been autharlted by the 9overninq body of the sronsotlrvf eintity on P (2) contain a statement that the instrument accurately 8 behalf of which the corporation wan crested, he shall, aspen all 9 copies the articles of Incorporation arv3 all amendments thereto 9 test have been paid as In this Act rreocribad: 17 that are In eftect to date and as futther amended by such restated to (1) endorse on tite original and on each ccpy of such r! attrrles of incorroration and that the instrument contains no other 11 restated articles the word 'filed' and the month, day, ar.d. year of 12 chan7e in a-y provision thereof; provided that the number of 12 the ((tiny theteofs 11 ditectors then constituting the board of directors and the names I 11 (2) (its the original of wuch restated att)c..re in his 14 and addttsses of the persons then serving as directors may be 14 office; aitd IS inserted in lieu of slmllaT information concerning the initial 1S O ) issue two restated certificates of lucorpersti-i to each 16 board of directors, and the names and addresses of the 16 of wl,ich he shall affix one copy of r.;ch teststed artier:•. I' local: or at415 ash bar omttte3; and I 17 (b) A restated certificate of Liuc2pr1at1Vn te7~^re', with a to 17) restate the smile teat of the articles of Incorporation I Is copy of the restated articles of Inc: rperatucn afflvo- "hereto, 17 as a~en:ed and supplec.entei by all certificates of amendment I 19 shall be delivered by the se-_retary of state to the ca-e.natlon or :J previc.,s!y IssueJ by the secretaty of state and as futther amended 20 its rertesentatlve ■nd to the goveininq body of the ~snonserInI 21 by s,ich restated articles of incorporation. I 21 entity on bchall of which the corporation vat treated. 2 id) Such restated articles of incorporation shall be 22 (c) Upon the issuance of the restated cece-ir.,cate of 27 ez,,❑red by the coirotation by its president or a vice-president 27 Incatpora U mt by the secretary of state, the otlgln+l a ^.:.n It's of 24 Ant itt secretary or an assistant secretary or by ti,e pre n 1ur1 24 iucorpovation and all amendments thereto shall is avper,»ecled and Of•:: et rod the secretary or clew: of the governing boJ) of the 25 tht restated articles of Incotporat tart shall be d4a<r.t to be it .,,.n;ir:'•7 e'$-. it, en 1)ehalf of vhich the corporation was createl 26 articles of lncorroratroe of the catporvtlan, a-.c :hail be vet l: led b, one of the o(ficets signing such attic les, 27 SECTIOII 3.01. Each cciporvtion shall have and rraovsly 14 IS S,B, No. 766 S.B. Yeo_ 766 f 1 101,413taiit In tilts stare: 1 Its preslJont or vice-piesldent and ve[if[ed by him. Tile a r.,gins l Z (1) a tegrstertd oflire,.which may be, Met need not be, the 2 and a copy of :kith statement shell be delivered to the secrstmr,y of 3 saga as its principal oflicel and 3 state. if the secretary of state furls that arch scsc_enent i 12l a legislated agent, which agent may be an individual b cenfotms to the prnvlsSon► of this Act. 1•.e sha11, when all fees s eesstir kit In this state whose business office to Identical with such S have be-11 rued as In tht.. Act pte+critnd: 6 rcglstereJ offite or a domestic or foreign corporation, whether for 6 11) encl .`t se en 1110 or 1911141 and the copy the word "?'.fled" i plot It or Ilat for prof t t, author iced to ttansact business or to 7 .utd tine monde, day, and year of the tslin7 thiteof; d cored,ict its &flair& in this state which has a principal or business a 121 file the original to hill offtte; and 9 office identical with such registered office. 9 t3) return tine copy to the corpotation o: its to 5refloll 3.02. (a) A corporation say change. Its registered 10 lertesentatlve. {t oth ev or change its to-jiateted agent, or both, upon filing in the it to) Upon with filing, the chatrle of address xe the i2 Office of the secretary of state A statement setting fortht 12 teglsteted office or the appalntreeut of a new teglstered a;ene, at IJ Ill the nsme of the corporation; 13 both. as the case may be, shelf tecoce effective. N (d) Any teglsteted agent of a corpotation may rt ,on by It 121 the past-office address of its then registered offices ' IS (1) if the post-orrice address of its registered office is is giving wi ttten notice: 16 to tt cita:ipld, its post-office address to which the registered 16 111 to the corporation at ite last known address; a?a 1. of fill is to be changed; I 11 121 in ttipllcate tthe o. lglnaf ■i:d two copies r• the 11 (4) the nest of its then regl stered sgents is notice) to the secretary of state within 10 days after mr.. ',n; or I~ 151 if its registered agent is to I•e changed, the name of 19 delivery of said notice to the corpotation. its tic:-esaor re Jtsteied agent; 20 Such notice shell include the last know it add:ass --tf the '1 I6) a staterent that the post-office address of its 21 corporation and shall Include a statement that written c•.~-~,re of r:5'•5 t-irf office end the post-office ■ddra N of the buff Hess 22 teslgnation has been get eu to the eolperatton and the date ,tit-teof. :l oltt a of its Io-JrstereJ tgent, as changed, will be identical; and 23 Upon compliance with the regultements as to written nottthe :l (YI a ,tatemint that such change was authorized by the board 24 appointment of such ayent shall te.nlnatr uron the evptrat-, of 30 d:r• ti:a or b; kit officer aI the eotporation so authotlxed by 25 daps aCtet recalpt of such aot::e by the sectetary of stab !h•. s.1 0: L .Otto; 76 eel if the ea:retai 'f state finis the* 4,1011 .tic-r+r nrti:e it, 1 5.1 :It a t a tto,-nl shall tt esecutod by the corporation Iry 27 con'o 11114 t the rto:i signs of this Act, lip. :lull, v1.<• tees 16 1 IF 5.1i. NO. 7Uti ~ e rMC. lbb I here 1•e013 Paid an in tlifs Act prescribed: t (c) The secretary of state shall keep a recorl of all 2 (il eu•i.r so Mn the rAiglnal 41x4 both copies the word 'flied" 2 ptocesses, notices, and demons setved nfan his under this +.ection 3 artd the morth, day, and year of the filing thereof; 3 and shall record thetelu the the or such service and hit action 4 (2) file the original in his office; s with tefetence thereto. S 131 rrturh one copy to Inch resigning registered agent; are-4 5 SECTION! 3.01. The af(a11a of a corporation shall be senagtd b (41 deliver one copy to the corporation at tilt last tnovn 6 by a bcaid of directors, The bond or directors shall c^nraist of 7 educes of the corporation as shown in such written notice. 7 any number of nxtttrsl petsons, not less than three, each t4 whoa 6 SFCT90H 3.03. (a) The president and all vice•ptesldent■ of a shall be arpointed by the govenu ng body or ilia sponsortnq entity 9 dry eetporatron and the registered agent of such corporation shall 9 on behalf of which the cotpotatlon was cleated (or a tees of no 10 be agents of such corporation upon whore MAY be served any Process 10 more than SIX years, and each of whoa shall k,* vemcvable by the , 11 notice, or demand required or perstltted by law to be served upon 11 governing Lady of such sponsoring eattty (or cause or at The 12 tht eorporaticn. 12 dtsecters constituting the first boar of directors shall to named 13 01 lq,enecor a corporation shall fail to appoint or Mafntaln 13 in the articles of incorporation. Directors may be divutted into li a teyisteted agent in this state or whenever its registered agent 14 classes, and the terms of office of tit* se^er-al classes reet net be 15 cannot with reasonable diligsnca to found at the tegistered office, is uni(e1 a. Each diteetor shall hold office for the tern t.r .rc,ach be 16 L! a fn tEv secrelaty of state shall be an agent of such cotporatlon 16 is arpointed and urtil his successor shall have been app+r,zcen and 1) upon tSon airy such Process, notice, or demand may be served. 11 quallfled unless sooner [mowed The directors shall got-,- ac e,rch IC Slr:'ice on the secretary of state of anY Process, notice, or de-+and IA wtthout compens at t on except that they slid 11 be re r rl•ur sea `r - their 19 Vitt be Made by deliveting to and teaving with him, with the 19 actual exrenSes fncutted in the performance of theta dt.t it l0 "%is:tot s!cuetari of state, 01 with .:-y :tetk having charge of 20 hereunder. 21 tl:q corporation dePattment of his office duplicate copiee of Such I 21 SECTION 3.05. The initial bylaws of a cotpe[atien small be 22 process, notice, or demand. In the event any such prat..., notice 22 adopted by its beard of dittetois. The powtt to alter. srr"nd. er , 23 or dcm.icd 1s sevvei on the secretary of state, Its Shall immediately 23 cereal the bylaws or to adopt new bylaws shall !t veste•i ,n tho 21 cause one of the copies thereof to be, forwarded by retlistaied Mali, 24 boatd of directors. The bylaws may contain any riovlslcre rr,t the 15 s!s!d to the ccrpotstlon at its tegtstered office. Any sttvict 25 regulation and management of the a(lar:s of At c;tpcr nn nct ha: c.- the sr<le;si of state shall be recurnab 26 lneonslse ant m.rth law 0t with the a:tr;fe► of inter;,ca r:. nr, Tt,t if in not less tor. )3 dais. 27 initial t•'.lavs anU all amenhrenta tl,er eto, eubttitotes e.: •fo;, I(1 19 S.R. No. 766 S B 166 1 4:,! t.f .ale thete~f shall be subject to the approval of the ! Attendance of a director at a meetlrrq ,hall constitute a welter of ' Ij.-.-rn:n K,,l Y - of It h1 Sponsor 7 to eutlt on behalf o Y of w,1ch the 2 natlce of such a+e etln exce+ u}te 9. tt t a ditectnr attends a sRetf nq J r rtlon vns cleated. S for the eapreas purpose of objecting to the U anssetion sd any 1 s7CT10N 3,06. (a) If the articles of Incorporation or the - S Mnfne ss oil the gcou nd that the meetlug is not lawfully ca_;rd or S bpi A, r• so pic%lde, the board of directors, by resolution adopted by S couvrned, Neither the bualrrr ss to be tr ausacted at not the qurpose 6 a r.t J. r:ty of th,• dtrectote to office,, may designate one or mote 6 at any regular or sr eOlal meetlny of the bb std of directors s,erd be 7 :camltt•es, which, to the talent plovided in such resolution, in G 7 tpeciti•edtri the~ix•tfee or valuer or notice of lush mretfn4, unless I tl:,: articles of incntporation, or In the bylaws, shall have and B requited by the bylicvs. 'J eve:;rro the Authottty of the board of directors in the management 9 (b) A q-.roiurA far the transaction of business by the Ltir+rd or III of tike cotporation. Each such committee shall consist of two or o ' 10 directors shall b4 Ot,ic~rever Is lua; 11 mote Ietsons• all of vhom shall be directors, The designation of 11 . fl) a rajoiity'of the number of Afrectars' fixed 'sy the 1? such committers nol the delegation thereto or authority shall not 'all. , 12 bylius ot, In Lhe'Silence of a bylaw fi ASnq It big mutcKr of I] or-cate to Itlie•.2 the board a( directors or any individual , 11 dl~ectote, .a majority of 'the numhet of drreclnis stated the 11 dlrectct of any tesp2oslbillty Imposed upon It or him by law. 14 articles of lncutpoiation; of IS II,) Mitt commttteas not having ■nd e,tetcrsing the authotity IS z 121 " any nu+a8er, not leis than thrrc, fused as a ,cr.: rue by 0! Ur b_atd oL dt t ec It ata In the manatiament of the corporattou may 16 the At ttelea o[ rnccrporaIt lOil or ire bylaw , 17 br f•s::mst,d and aup0lnted by a ttsoluta.nn adopted by a majority 17 lc) The nct of the m.Ajottty of the dlrectars )Ytsa~l' at a 14 01 lht dt:ectcrs at ■ menu n) At which a qu2tum to present of by 18 meetlny at which a q btum la ptestnt shalt be the act of tiwr beard 19 'ti ptenfd^t,t thrcaunto authori_cd by ■ like resolution of the 19 of dlrettor s, urileaa the act of s grrater nun•bet is III rp the b r.f rt dit-ctots or by the n It lc tee of heelporatton or by the 20 articles of incotroritlon or the byla>e of the ccrperation 21 r:Ia., Ile.,tetshlp on such committees may, but need not be, 21 1dj Any acts efr teqult ed rto be taken at a meettnJ r( the 22 l:attrt to drrectors. 22 board of ditectors of any action which may be taken at s meeting of TJ S41CT100 7.07, is) Regular meetings of the baALd of 23 the board of directors of any committee may be taken 4t ;t„+ut ■ .1 d::t:tors may he iI And may be laid at any location within the ' 21 meeting it A consent In viltdng, settiuq forth` the action to be s:•v 31 vrt)+2ot ro:tcit as prescribed in the bylaws. Spe:lat 25 taken, shall be slyued by all d n ec tots or all of the me,A•Yta of r•;;;i,•t of !ht tca:d of dlra:tors shall be held at any locatlcn 26 the cem.etetee, of thr case may be. Such consent abaft i r-* the 2" 1 rho at .,•.e upon; such notice as to presciibed in the byla.e. 27 name sorer and ef[ert as s un url meat tote and may t•e stet e•f as such , 20 11 S.B, do. 766 S.L. Mfr- 766 l In nr; -n't•:1rtv or documnut Itled with llu secietely of state urxiet 1 of flcev hnu been assetted of any court havlnq the r.rqulslte lli:s .let. 2 )nrlsdictinn vi an action Instituted by such dl-tector or off..cer on 1 su rloi 3.08. rho cfflcers of ■ coapotalion shall eonst At of 3 his claim for ludemnlty may assess in,femnily against.- the I a pt es !.font, a mice-pieeldeut, and A secretary, and such officers 4 colpoi Ation or Its tecelver or trustwe for the amount pail f+) such S PAY inctute A treasurer and sucli other off scars and a191NtAOlt 5 director or officer lit sattsfactlon of miry Judgment nt In n oflrcets Au may be decoled necessary, each of wlro■ shall be elected 6 comptomise of any such claim, exclusive In either use of any 7 of appOui ed at such time mill to such manner and for such terms not 7 amount paid to the cosporatlori, and Ally expenses and rests, h escerdiny three years as may be prescribed In the articles of a including Attoeuey's fees, actually and necessarily lncuir-t s•) him ,l tucotretstlon or the bylaws- In the absence of any such 9 In connection therewith to the eslent that the court sha.'i deem l0 procistous, all officers shall be elected or a)'polnted Annually by 10 reasonable and equitable; provided, nevertheless, that inno- tailly 11 the t>oairl 01 dtteetars. Joey two or Mary offices may be held by the $I may be assessed under this section only it the court firels ziiat the 1' nAS. pet son, isocept the of fice ■ of pres[dent and secretary. Any 12 person ludenmifIed was not qutlty of neglIgence or ■IscnenrAiet In erftcer atai.f rd or appo lnted may be removed by the per 10n9 33 respect of the matter lit which Indemnity is bought. Is author lr-d to elect or oppoI nt ■uch officer whenever in their 14 cECtli?N i-01• Evety cerpo utlen establl shed urxtter the l5 pi3am.~nt the f,est Ilitrhenla of the eorpotatton will be served IS provlsloiit of this Act shall have all the tights anu sleets l., thrioby. ` 16 necessary of convenient to accomplish tine Fur poses aisuch :t( 1 k?h 3.09 IA) A cot porati on shall have the power to k? corroration as set forth heheln, includlh.q without limit,e,i+n the IM indem„ste any direclor of officer or former director or officer of is powers: 1^ the corlw,96tton for expenses and costs, including attorney's fees, 19 121 to psovlde or cause to be provided by a user by •),r act,a!ly And necessarily lncurled by him lit connection with any 20 acquisition (rdhetlier by purchase, devise, gift, Jesse, or any one '1 claim a)setted against him, by action in court or otherwise, by 21 or more of such methods), conateuction, or improvrmant one. r,- more reaaoi, of his being or having been such director or officer, eAcept 22 health facilities located within this state and Within or pra:ttally '7 in lelaticni to %Atlers as to which he, shall have been guilty of 23 within the limns of the sp0 1; S0atN9 entity en t•ehaII of -rh±rIt t he neyli,ten'e al mttcond,ACt in respect of the matter In which 24 cotpotation WAS cieAted or, Usti, the went of ea t other ?S in :~r nitf is Aen.~ht 2S SFPensoiing entity within which such hr AJtll facility is ,r n to be 26 (tl It thv rrf;atslien has not fully Indemnified him, the 26 looted, narrl:le the limits of the sporsotlug enU ty on Z.tnalf of cm;; it 0? P& .•L,l to which any claim Agalnst such ditecter or 27 wiihch sit h cohl•oi.itlen was eteatol; 22 S.6. tic. 7t6 5 9. lie. 766 I I:1 It 1^asr In lessor all al auy part of atiy health 1 hold, Ie,rtor•e, lase, or otietvise deal In Atli with real or T raone I r.cl'Ity t"r an;L ttilt .11S ahJ urwu Such tetras slid condlllolis as the 2 pt n}•et lY 01 any Interest tlie I el it. vie reve t a I t IA told. at the i otr tati~n Stay dar,s ad.ISable and as ate tint In tout Litt vi th tilt t 1'0 t poets of tie car po rat ton slut I te,lnl to or as shalt Le tirn.ted to I 1t+' fai.us cl this Act; 1 it. 131 to sell for installsehl payments or otherwise, to option S 191 to sell, ecnvey. mckt9ago, vledge, lease, I- : v! I tot *04. AuA to cenvey all or ally pert of any health 6 tk Ans far, and IIto-IT wt se dt spose of +11 cr AhI raft of Its ar.apet ty r. fail Sty f-•1 Stich pt sec and upott Stich tetras and eoadI ttons as the 7 •110 asses a; It r :r rail m PI deem advisable and as its not in conflict With the 9 (9) to elect or Arpoint effiretS Juld 41;03]t$ I' the riuclsi:oi oI this Art; 9 rolroratl^n !0s such per tat of time as the cotter tr-.,,u may In ( l) to make contracts and lncut llabilllies;'bi;W w coney at 10 I-telmine Arid dtftne thels dnttesi II anch totes oI }htetest is the cotpotstlon may detetmlete, issue Its 11 (10) to sue and be sued, reagJain and defend. m its t' I,In:I it, s;coldall o with the rto':lstons'of th"s Act, aitd Secure any 12 corporate name; 11 t Sts 1•o11 is of cb 1117 it 1011% by mot tgage or pledge bf i11 or any of U 111) to have a cot rot Ate seal whl Ch may be slterrt: at its 11 Sts s't=i'ck ty, hill hl sew. and lnc011111e; It pleasute aitJ to use the sane by rausintt it or a facslmlie thereof IS 15) to mate se<utrd or uhsecured loans for the purpose of Is to be ta.ptessed rn, Afflaed to, er ur Any mannet tepen•hta Id urcn 1+ sr0.I lut7 temror sly of peamsneut flhAncihq or'lefliancln9 of ill or 16 InsIt lame ll to of any ne tute aequiIt d of air tiro tied to fe ea•tru: vd b Y 11 I.r:t of the cost of any irilth facI Isty, Including the cefundinq of 17 its ptepet otrlcers; 11 any outsla+n11n7 ot,ltgrt Ions, mortgages, or advances Isshed, made, )9 1121 to make and alto, bylaws not lucvnstatenr its 17 ct 'Even by any pet ton tot the cost of s health facility, and to 19 at tl elms of tncorpoi at ion of wt tit ll,r lava oI ill la IIt ,te _:ar the <hargt and collect intl%e%t on Such loans for such loan payments 20 admin ututlen and regulatiru of the Affairs Of tile cc!7-,:Allon. `I and rp~u suJ, terms and conditions as the boald of dlieciors of 21 plodded that such bylaws and all am,miments theirtn at. r z,t rved ..."In corrnlatlon say'd'eem aT:ksabte and as ate not in conflict filth 22 by resolution of the govern Urg bolt' of the ap nsctlny eta::ty on :l the pte:islons of this Act; 23 hehalf or vhlch the colpotatiwr was cleated; =l (6) to lewd muh.ey for its corporate putposes, Invest and 24 11-71 to cease Its corporate actlYitles and tetslr*~te Its kaln wt its futd:, and take and hold lea} slid personal ptopert} as 25 eriat Slice by ;It ASOlucton as r w=fJef }r.telu; an! 2k~ rt:urity fm -tie r.a,nrtro: oe rands so loaned of Invested; 26 I141 whether tr:c to ltd let the fcre2cin.) or not, tt La re and I'I to prrcie3e, lecelve, lease, Cl othetwlse acquire, own, 27 ",else All pewete neceara: 't of ap;tcrtiste to effect aIn~ all 24 ;5 a.0 uv. fbe 5 6 fir. 766 r :ham )•vi roes for tbich the anrpel'ati on is otgant zed. 1 authorized by approplfate Icsotutton of the boatel of d11• :tors. Ftc rl.6t J, halter -AI, that ho for porAt tut alit ll be anlhe ri red to 2 Sock deed, theh acknowledged by such o[ftcet or attorney in :'act to • u;: n err. na cal obit rtlt:ns under this Art unless payable solely he the art of the corporation or plntrrf rn the maiuter pros:ribed I I t: t it],' pr..: rrJ r. of L411,14, feeenuee derived from the lease of ante a hv.rlth falllty of teaUzed from a loan made by a cory+viatlon 4 fer othel tole e'/antes of laid, ma'! le Iecotded In lute oanuar and • •~C n to l t :nn: • of I ef it, t•r:~ to w}role or It, pel t a hea lth [ ac i l t ty, 5 with the aamo effect as othet deeds. Any such deed hen ra,: rat ded, •s .t•• c f: 6 If signed by the ptesldent of ally vlce•plesldtat. vt the r tv, ^n•rrod final ope r a t t uq a health (ac11lty, or any other 7 cotporation, shall constitute prima facts evidence tha.^t such a tr• P:CI••s -is may be prodded by ■ user of a health facility, any one 8 tesolutlon of the board of directors was dory adopted, r1 ra_; 1-icvlded for Oil,. however, that such powet■ shall be Id Fnhlec! at all times to the control of the 9 SECCION 4.01. At least 34 days prior to the issrosuce o[ goveinfnq body of tile IO bonds by a cotpotatlon, such cof potation shall isle a. vl: the 11 tl"14^tIhI entity or+ behalf of which the cotpotatlon was created as ' it gorelntuq body of the sponsoring entity a1 behalf of whs:-h much l: yra.td- I ur f,e:tion i 1?, heteofl and (Wither pf'evlded, however, 12 corporation was created a lull and complete description t,f any 1. that nv!lititI In tills Act shall be Interpreted to bestow upon at S) health facility the coat of wlilch IS to bs paid In whole yr sn any It au;br+rl:e a .p„•n a.,I Ury entI ty to delegate to a corporation the 19 part (rem rile proceeds of bonds of the co[po utfen pt rye sod cv be 1` V•-''t of taxation, tilt power of eminent domain, the police powirt, t~+ • 15 19sued. lac ludl my an explanation of the ptoi•r te4 costs of and the or an1 e7rf.-sleet uo^treiga poet of this state or any spousot f rig 16 netesslty for such proposed health facility and the rare of the 31 to tily llothun) to tills sertlon giants any authority tc officals 17 proposed user of such health fat'Ilty. All of th' rote nrmatleu lit of dl:ecrotz of a certu,ratiou lot the eltettlse of any of the to depose cod or requited to be deposited by this sect tcn 4ir.ell 1 141 fvtey~;oy puvers inconsistent with limitations on any of the same 19 public Iniotmat less open to pubifc inspect ion. :ti All 11 za7 ba erpressLy ket forth In tills Act or in the articles of 20 SECTIOlI 4.04. fat Each cotpotatlon is het etry au •ln;rr;eel to )I ur.ofp,taU on or byiass or lit any other laws of this state. 21 issue, tell, arN deliver Its bode in accordance with the t-,,-:mt of 1`10iotrt[ of uflictis and dllectors to act beya,d the scope of the 22 this Act fer the purpose Of paitnq all of any part of the -:,r:nt of a } p, r: r,ot1 cr put pos[s of a col Pc tat Ioil Ss not qt anted by any Z) health factltty. 1tr: tttcn, of this se.ttou. 24 (b) 71r•t bonds shah be date(, shall bear mitres- at such IIit: I.D: [iii cclpotvtton may convey taut by deed, .Rh 25 rate of cafes lfiatd or vartaL•lel. shall mature at su:h ;nee or 'r. I! I-, the sea: of the for pot a t l on, signed by the pt as l dent er times riot e■cetdrrr7 to years [tom thetl dire. acrd as be mate • - ,:41 1311••rt r-r attwnsy it% fact of the cotpotatlon .hill redeemer .'e pr lo; lc mat-it tt[ at su:h pt ice ON piIt es a.1 ,;r-r such 76 i7 t 5.8 . No. 766 1 tee m> and reudr irons as ray be Jet e+Ml ned by the tot S 8. la. 766 pttration. Tile 1 lnlu.l'.n. ani Lnr,• id} The rotporat ion shall tell the bonds St such o.•r.ice or 1 tect coupons to be initially attachn,l ~ theirshaSi t•,- an such foci and dertominAtYOn or deitomtnatfons 2 prices as It shall deterrtue, at public er pLl~ate sale. ^.a net 3 effective interest Late, calculated in Accordance with thasirter 3, '1111 r- v at rtr,-h place or places, And may be etecu ted a 4 /lets of the 61st Leglsl atui e, Reynln Session. 1969, as aw:etrded ' •ru,''r'r+t''t •J In such M.+nltll. as li+e coip0tat inn May determine. In ,a+as white AIRY S (Mtfcle 717k•2, Vernon's texas (twit Statutes), an any tiottrla ray y of h rot whose sf4ns tuie or ■ fac slwlle or wl+oae d!yi+,tt ire ^-hall a 6 not exceed a rate 01-181 to the MAalmum amtual Interest. rate PY'.~++ on any bonds or coupons shall cease to be 7 established fat M+slness loans of $250,000 or more in this state. such .(Lteer befcrr the delivery of and payment for such Douda, slynaire or aucl+ facsimile shall neverth0leas be valid a+td 6 lei The proceeds of the bonds of each issue ahAtt used 1" suffi<itrr( 9 Solely for the payment of all or part of the cost of. ac ?or the (Cc all put poses the acre as if such Officer had ' 11 rest. nn 10 raxlnq of ■ loan In the amount of all or part of the cost art the n to o(LLCe mail such del lwery and payment. The bonds may i2 Dr le;n-.r 11 health facility at health facJlitlea for which such ton-Is nar'n been in ceupcn or In regliteLed form, of both, or may be 12 eya l< tr a s 12 autharlttd and, at the option of the corporation, for the r-posit fectfic prison, as the corporation may determine, and 11 prlsrcn ma F 12 to a reserve fund or reserve furwis for the bom3s. Such ;.-viceeia MAY e M.J.• (or the Leyl Stratton of Any coupon bonds as ` 14 shall be dtsburaed In such manner amt under ouch teseticts:.rne, it 15, to t•titi,tpal alone, for the converalon Of coupon bonds into fully f' 11'11:''111 !•onds vllhcut ccu, IS any. at may be otetrfned by the eoipouticn• t'ach vorrr,rattrn Ions, and for the reconversion into t7 cau, •l n tools Of any Cully ingl It ere J bonds Root thout coupons. The 16 91,411 be pain out oL coney from the pt oceeds of the +..r .r and et 17 Jelivery of its bonds Issued 1n accoLdinee with tills Act an amount I Jut; ni eonrrsrn❑ or reeOnt•et slon may he Imposed upon a trustee In a tau . sit cement IB of money equal to all of such corpcratfon's out-cf-pr•clrat r-a%enses Irl me prfucrptl nt, redem tlon 19 and costs fn connection with the LacaAn<e, sale, and ddtL--ry Of p premium, If any, and rJ antrt•ic en such bonds shall be payable solely from and may be 20 such Derols, including without Ilwttatien All fln■rtrrnu. .01st, Y 21 fininclal ad:lsor•, printing, and other - t•cur cJ Ly a pledge of Allot any pert of the ~ expenses ani to in proceeds of bonds, tevrn,a 22 iasulnl such bonds, plus to amount of money e•T,.1 -:r the ' s de rireJ (room the lease or eats of a health [actllty at. ?3 eompensrtilcrt paid to Any employees of au^h colpoiaticn t.ar ,,t.r time I+alL:ed ttvw a scan m,rfe by a cotporetfon to finance of refinance all Ira halt s health facility, receuues derived from 2J such employees pace spent Oil actlvl ties seLtutq to thq rr:,,■nce, 25 sale, at+J delf•.eLy of such bonds, of":a:tn•J a health fa-:llty, of any Other (eveneee as may be • i+~ i.l t, a 1.11,11: of a health fa;Ility, any are or more. 26 ifl Prior to the tr arvtron or (asw n< C C e of i- r.ltlt'f 27 bolds, the c0:rOt AtIrn may 1ss,is tnte:lm Lecetpta or r 2B 79 S.t. Ho. 766 S.t 'sa. 766 I bands, with e~ vlthout coupons, exchangeable for definitive bonds 1 taxing paver of the State of Texas, sold sponsoring entity. t^ any J vhen s.rh ban Js shtII have been executed xnd ate available for 2 other polittcal subdivision or agency thereof Is pledge•t to the J d,l II et y. Such interim tecelpts or temporary bonds shall be for a } payment of the principal of. sedemption ptemium, It nr.., or 1 masUrrim to of tluee peals. 4 interest oil such bonds. SECTr011 4.05. Each corporation Is heieby autharlted to S SECT1011 4.01. Any bonds tss,ied by ■ corporation wrroGx-r till r. 1-soil, sell, anti deliver Its bends for the purpose of retundinq any 6 provisions of this Act and coupons, it any, lepresenttr.q cv:atest I bonds of the corporation then outstanding, including the payment of 1 thereon, shall be exempt securities under the Texas Secrrri:~.si Act, 0 any red.•mrtlen premlum thereon and any Interest accrued or to a as amended (Article $01.1 at seq.. Vet Mn't Texas Civil Srs.tutesl• y atrrue to the date of redemption of such bonds. The lssuance of 9 it. howevet, any bonds Issued by a corparation tinder this w : are 10 so:1i bends, the matutltles and other terms theteof, the rights of 10 secured by an ayreement by a user to pay to the coipotxtlan arounts 11 th•• hilrlel ,t?%eLcaf, and the rights, duties, and obligations of the It aufticiertt to pay the principal of, redemption ptemlum, if airy, and 1? rnr pota urn in iespa;t thereof shall be governed by the provisions 12 lntetest on such bonds, notulthatar,dlnq that such bonds stain be li of this Act insofar as the same shall be applicable. Within the 11 exempt securities, such on agreement by a vast shall be dewed to 11 diictetion of the corporation, such refunding bonds may be Issued 14 be a separate security issued by such user, slid nor, o-2 such 15 in e>ch.oge or substitution for out2tat,,Iin•1 bonds or may be sold 15 colporxtlun, to the purchasers of such t»nds for p!rrpusas sd the it a:,J the proceeds used for tho larrpose of paying or redeeming 16 ptov Islons of the Texas Secutltles Act and shall be exempt ism the lI oulstarviing bands. 17 provlslcns of such act only (1) it such sacdtity Is •.r exempt Ii StCttr4i 4,0J Fonds Issued in accordance vith the provisions is secutlty pursuant to the terms of such act ar 121 It welt ?,~nda or i'J or this Att shall not constitute obligations of the State of Texas, 19 the payments to be made rn+det su•:li agreement ate 4uarant o-:•r' by any .u any t:to!oring entity, er any other political subdivision or agency 20 person and such guatantee is air exempt security FuLsua':t IV %1,1 it of tk,le state or a pledge of the fc;ih and Credit of any Of them. 21 terms of such act, All such Mndr, shall contain on the face thereof a statement to the 22 SEf TI0f1 4,05 Unless the bnnJs Issued under teas a:t are :.J effect that 11) neither the State of Texas nor any political 27 Ina 1191 b lc for irive at me nts In acc a r -Janie WI th criteria ssr a: his hed :i urLlrri+lou or agency of the State of Texas, tnetud Lig the 24 In other statutes, rulings. or regulattons of the State at '.exas of apcn-.r: nor entity oil legal: of which the corporation itsuinq such 25 the United States, the bonds issued under this Act shall and Ise .r bw~J~ ,.t: ciBated, shall be obligated to pay the same or the 26 heteby decisred to be legal autJ authorlied uweatm«ncs ft any r' t e!erc tr.e:t:•u and (2) neIth er the faith and credit not the 2' banks; s.r: lugs hanks; trust caaq an/e t; buli4lm; n•,: ]cal 70 71 S.B. No. 166 5 6 rM 766 t a.B ,:iaticus: Insntrnce torranlesi [Idurlsrlesl trustees and nn?r Sis~,s; +rwt leekest, 1 taxes bnUi In the construction Ike health facility +nrt any s f funds fa' titles, towns, villages, countie+, 2 further sale. lease, or rental of the health facility or any other 1 s,7tool Ji:.tilcts, aryl othet political eolporatlohs or subdivisions 7 tries levied or Imposed by this state of any pot itlc al 0ut4: i•csf on t of Lire 5t?re of Texas. Such bonds shall be eligible to secure thn ~ A. P, t t of any aw 4 of this state. It is Le[eby der[ued as a settle of pnt~lfe ;rsrlfey 1 all pill)! lc foods of the State of Texas and any S that eeety cot pa ut'oil organized under the a',thorJt{of ut:s Act and all p,ttlc (uuda of cities, towns, villages, rountias, scho,)l 6 shall be ruyaged eat lualcely it, the ru forsance of char.: •..Nle disrllcts, anJ other political corpolatione or subllvislons of the 7 functions and shall be exempt from ■11 taxation by this sraw•.e end n Slat, ut Ttsas, and they $hall be lawful and sufficient security B every nunlciPsl corpotatlon and political u,MJly Ufon Mreat: All 4 for said 1••I">zl is at their face value vhen accompanied by ■II 'n 9 bonds lscueJ by ■ cot poratton hereunder, [belt trans[+r. the Unmttulrf ccupens, it anY, appertaining thereto. •-CCGICfI { Oe Any security interest granted by a corpotatlon 10 Interest lhettoo, and any ptofJts from the sale or exchange '-tweteof r, is F, 1, to Irilot sees fu the wanner and with the effect specified In 11 shall at all times be [tee from taration by this state r any 13 CI,p•rl 9, 1ir71(01R Commerrlal Code-Secured Transactions, Al. 12 municipal corporation or political subdivta4on hereof. Ii nr,en lid, airy ftovialon u. Af titre 9 104, as amended, of such rode 13 SftTION 4.11. Any corpotatlon created under the ptv% sione t? the rout:ary notulthatairling. 14 of this Act shall be a honrro(it cotporstlolt, and no Pitt Its SFC:Ir)iI 4 10, Ally haaltls facility. 1nCluting ary leasehold is net eainutgs remalninq after payment of its b^nds and Its mvtl•rttses i~ 17 tl,n-tt, c, nrd Ly a tartaratfon which vuuld otl.e[vlae be 16 In accompli shtnq tl,e public put pose pi c•tdtd f0r in this A: that 1 e.tt tt . Id to>.ablr tc snr it wrier the provis4cns of the P[epecty 11 mute to the benefit of any Person other than the aponso:rnr -'tfty coll,otattou is on behalf Of which this corporation was crested I+ Tax r,J~, Lr,c for the lurposes and nonpte!!t nature of ■ totf.ol alien ] of ur, . ~ tlialJ hr asseaa..d to tilt nest of such heath facility or, it smote 19 Srrttnll 4. 12. The apon►cr 1114 entity on l•ehalf irh a than o,.e •.nc:, west erists, to the users thereof In proportion to 10 CCIP:rart•:u ..v► created may, In Its sole dlscretich and vc any :1 . 21 time, liter the sttuctule, otlaaltation, 1,1"rsws, or ictl-t -,vs of th•, valut of the llyhts of such users to occupy, operate, manage, 22 such cctl,cratfon, subject only to any Ilxltatlc+t pfot'i•fed lsy rho .J or employ such health facility, all to the same r.tter,t Slid oklbj@ct 23 Ben►titittcn ►ud laws of the State o! Tcsas and 0[ the hill t lit tv Ibe '.lse extm(:tfons flax taxation, if any, as if such hearth ' ti by etch user or uses . The user of ■nY hea r th 24 Stater ee14t Shy G. tiro I1141 1Jneut ci L:o,.t Car is euttr ed rr,t I, the, tat :I tt' .e: n. n!J :S cotpo:al inn FrPrev,•,tatit,a of M, spontoting entity o,t fa I:rtir '-4 h•! con►Idared to be the owner of such health 26 vhtch a c.^rl•~rntton fs crea:rd shall ha:e r•cesa at u.( tens ;r at; l ari!" tot th? r❑IDJSrs of the application of any Bales and use 2' Lool.s and rr. ~r da of it CL tntpol atlnn 32 Il i O. 110. 1UU s.e. 766 l recTfoR i VI. (a) tqunever all bonds And ubllgation► of a t sect el AI rJ state finds III At 'Such Attlcles of dissolution ,c:uhf otm ' cc'po: at ren his", be+n paid end dischatgc•d or adv t1Ate 9 rrovial ou I:as 2 to rite i.•.p~iiemant► of arts a;t Airt ha•:e been author lte,f 7q the 1 "0 "r mAJa tlwretar Ant tl,s governing body of the sponsoring entity 7 gocelnuur of the srarsorrng entity on tells if of which the J oft 1-h.0 [ Of vblch the cor"ration vas created shall have by I for f•er At toil wAs cteAtod, be shall, when all fees have been Vail so 5 vi rttrn re•oluttoh authorized and directed the dissolution of such S to this Att rt,'sct ited: e r,~; I•„nt roar, such corpo a tion shall be dissolved as hereinafter 6 (11 ^+'daier ou the el igin-l and rash Copy of such artncfes 1 I+t r,lr 1. 7 the void "Itlyd" and the aohl.h. dal, and year of the filing H (b) The articles of dissolution shall be executed by the s thereof; crrp)rat ten bi' its preaident or a vice-president and by its 9 (2) ti it the of iginal of such at-ticles in his office. and IV oecretaiy or ur assistant secretary or by the rresJdtng r'flcer and 10 13) Is'.ue two certificates of dissolution to each of which II the ►:¢retaiI, or cleik of the governing body of the sponsotilig 11 he sinll Arflx one copy of such aiticlea, I, elute; on behalf of which the cotporation was created, verified by 12 (d) A certifirate of dlasilnticn, together with a opy Of I] on-• of the officers slynlog much altlcles, ■nd ►hall set forthr 13 the aitirIrs of dlssolulfou Affixed thereto, shall be deltvared by 11 II) the nave of the co!poratlon; 14 the secretary of stnta to tits rept-!ee:itative of the dtv.aolved Is 12) Il.e name and sddt ess of the sponsoring entit a 1'. cot tv+i at ten ArtI to the y, goverill p t>•"di' Of the spcnenting utt:'y on Ill ata!erortit thAt dissoltitior, of the corporation has been outhol Jled l6 behalf of wlrlch the col ootatlen uas cteutid. Vron tits I•eu Mnte of 17 by tl•.e govetnin7 body of the sponsoring entity, and the date of the 17 such certificates or dt,solutton the existence of the cote-+•atlen 10 meetura at which ar.1ch dissnlution was so authorized; Is Shall ceA_c, exrrl't for the put past of suits, ether r:oc-•-ninga, t71 a sta(eeent that all trotVds and obligations of the 19 and all I, col phi ate action by tits dtiecloca atvi oC[ict";s of 'V col nO:allan have been paid and discharged or that adrguate 20 ~rrrh cotli,t atton as pro•;Ided In thte ?,t 21 pin^iAlon has Leen Pale therefor: and 21 (e) 126cnevet dissolution Occurs, whether lnstitutbf Py the 2) (11 a aEatement that theca are no salts pending agalnst the 22 gevetning bo-Jy of the apohsoting entity pill behalf of wht1:.i the 11 ccli,otAtion in any court or that adequate provision has been made 27 rolpvrAtlOU was C1 0Ated w by the boatd of directors i;! sac It •1 for the satisfaction of auy Judgment, • order, of decree which may be 21 coirolatlnn. (tie title to all fuu.ls arrl ptofelties then o.m-d by ante:-1 Athinst it In ally pending suit. 2S much cotrot►t10r1 ti,all ►utomiticelli ':esl in such sronsJtt114 ty Icl The original and two Copies of such artistes of 26 wl thcut 811V f111 t1,- L rricOyauce, ti Analei. of act eE airv find di pi r. t1•A 11 be Is I1,re)ed to tits sec tot aty of state. If the 21 wit at soe•: er, 14 Jt S I No. 766 S.R. f10. 7Ffi t sECTIt+Ir 5.0:. file dlesOiutlnn of a colpuiatlon eithor t11 by t articles of tncolporatim, shall control, U,o rtauante Ot a certSffcate at dissolution by the secretary Of ~ SECtfolf 6.0]. Ilia secretary of state shalt ca+Iqe and f clxt•+ k Ill by er.pn of tLe ] cotlect for filing Atticlet Of IncorpOtatlOn and tstwlnq two c! itstl period of duration shall not take 4 suss Ot Iei•ait an j certificates at Incorporation, filing ettfelea at ■■ea,dnent and / seedy available to or aganut such corporation of rtr Jfrectats el o(Ilcors (at any rlglst or claim existing or nny S issuing two car ti llcates of amendment, filJill a statement of change F till-tlity In;urltrd prior to such dissolution it action or other 6 of adtress of registered office of change of reglateied event, or 7 1".Ord•Irn.l thereon Is commenced within three years after the date 7 both, filing articles of dissolution, and filtnq rutat&f attlctes B of such dissolution. Any such action of proceeding by ol against B of incor"ration and Issuing two restate? certki iris of the cntrrotation maY be prosecuted or defended by the corporation in 9 Incorporation the same fees as are charged by the secretary of o Id its coo ;orate hame• the directors and officers shall have ;over to 10 state for ouch respective filings and issuances under :he Texas it ta$e such cv., ate or other action ■s shall be a It lion-profit Corporation Act (Article 1196.1.07 At Sell Vero»n's pproprlate to n' P 12 Texas Civil Statutesl, as the eanRe has ptevlously Eearor may i:- ' t , rneJy, r i ght, or claim. It such corporation was li dssin1-..! by th4 expiration of its 17 hereafter be aeended. period of duration, loch It c" i,ratlon es 14 SECTION 6.04. the secretary of state shall bare the pave, amend Ito amities of lncolpotation at any time I' d1i'lro7 arch ,ellod at three yeatl so se to extend its period of 15 and a.rlhortty reaso,.ably necessary to enable him to 43■tnester this IL it cation, 16 Act efficiently and to perform the duties hereln lmpesed upon him. 17 SEC T1011 u.01. kn,enever anY f.r,• tlce 1s tequkred to be ;Ivan to 17 SECTION 6.05. It the secretary of state shal'L fall to IR any d u ector unfits tlle provisions of this Act of under the to approve any articles of lncotporatlon, amendment, or dtsx-lution of Ip Pi•rrsions of the articles Of Incorporation or bylaws of a 19 any other docure„t tegvlred by this Act to be apprav+9 by tine 'O ccfp.ratInn, a waiver thereof in writing signed by the person or 20 secretary of state befote the same shall be tilti in ht~ rffkce, he 21 persoits omitted to such notice, whether before or after the tkee 71 shalt, within 10 days alter thrt delft ery thereof 't him, glue stated therein, shall be equivalent to the giving of such notice. e 22 written notice of his disapplovaI to the person or rorporation 21 SECTi011 6.02. Irfrenevet, with respect to any action to b 27 detlveiing the some, specIfylRig In such notice b ra teasone It taken by the directors of a corporation, the art:cl a of 24 therefor. Elam such disapproval arch person at eorp.,ratfon rat - fn, Or s•:tat foil requfle thr cote or eoncuttence of a greater 25 appeal to any d i sit f rt, can t of I r avi s Count ) t•j I I I l th the c :E pr,It ;tton of tho all tatLO16, as tilt cast may be, than tequlred by 26 at ark of such court a rot Itton setting for tit a copy of ttn at titles this Lit sish ref! >ert to such action, the provisions or the 27 or other document bought to be filed and a copy of -,ne wrttten ]6 17 I , but it's s Ac t eha I I bo who l l y WE rrent 1 dis III l•~al tn,•r raf by the secret cry of state; whet eupon rile matter l taws on the subject 2 rn+ll to tIiod de net•o by the court, and tilt court shall either 1 authority within itself for the crcallon of any corporation J ;,ntafu tl,e action o! the secretary of state or direct him to take S Anlhorlral helern slid ail actions by such corporation sumo-cited 1 inch an ion as the court may dttm proper. Appeals from all final 4 hereby without reference to any other geneist or special 1.400 or s M d•rs and juJ invents enter ed by the district court under this 5 41`ectlic at to at ally rests iCtlons or ligI tatlnna eenteined the-relnr b sectro,a Jn rovlev of any luting of decision of the secretary of 6 an.1 In any rise, to the extent of any conflict or Incon n.mteMy 7 stare m,y be taken as In other civil actions. 7 between any provisions of this Act and any other rrovisions 10 law, 9 RE 171CNI 6.06, All certificates issued by the ■ectetsry of a this Act shall prevail and conttol; provided, however, tlwl any ? stave Ill accordance with the provisions Of this Act and all copies 9 sponsoilug entity and any corporation shall hxve the right 'Ltr tile Io o! 'tcWllents filed In his office in accordance with the provisions 10 the provisions of any other lws not In conflict wt-:I the IZ at this Act when certlfled by him shall be taken and received it, 11 prowistons hereof to the extent eonvenlet,t or necessary to carry 12 out any pours or wtt,ority. express or replied, granted °lrA this 12 all comas; pubire offices. and official bodies as prim facie 11 e•Jdcnci of the [acts therein stated and may be officially 17 Act. No piocte4Jn4a, notice, or approval shall be required tot the 11 vacsd.d A eertJficate by the secretary of stat♦ under the great 44 otganiratlon of a cerporatlon or the issuance of any borwfs a: ■ny 15 teat Of this state as to the extsta,ce or nonexistence of the fiea is instrument) as sec•irlly therefor, except es hertin pro'+:to-d, any fa retatinf to corporations which would not appear from a certitled 16 othe low to tl,e contrary notwithstanding; providedf that ncthinq 17 cep'l of any of the toregainq documents or certificatos shall bt 17 herein shall be construed to deprive this state slid its e...iciral ]A taken ant received in all courts, public offices, and official to colporatiwus and political sub13•41910ns of their respective rollce 1! betits as pr ima facie evidence of the existence or nonexistence of 19 pcnress over any pioperlles of such cotporstI0V or to irml="11 Illy t4- laclt theleln stated. 20 police po6ets thereevet of Any Cffrr.SAl or agency of this e°:.vie and ~I S.•:TIMf 6.07, The le4tslature shall at all times have power 21 its munrcir.il corporations and polltteai anbdivi a ons As W-% be to pretrrlbe such legulatlons, provisions, and limitations as it 22 othetwSse pro:tdtd by law. 2f may dorm advisable. which tequlatlons, provisions, and limitations 23 (b) NotulthstandJng any plovlcloa or tills Act, no<eninj in 21 shall be 1•radrr,7 upon any and all corporations subJ ec t to the 21 this Act rhAll except a corpotatsal cc Ally user from case ;lance 1^rr,t o! U-16 Act, and the Legislature shall have power to 25 with OR Texas Heatth Tlanni ua anf Oeitlormtnt Act, a+ a*+e;rd eA a ec1. :r•p~ll, of modlf, this Act. 16 1Attlcle 41113h- t'einvn's Tesas Cirll S:atuttsl 1' SECtt011 0'. Hcth111J u, tills Act shall to ['1nstJaa-f xc as "I A, 7 Ol JAI TI.ls Art shall be cumulative of all otirty 30 19 1 1, +I,I Ite nny ptevl e1011 Of e. lie COtistit"tiOll of the State Of TexA% 1 end r~br+t lei, thte.tgh develCSMHIt of health fail lit Lee er-sr•.ea an et .~t tl"' Vni"'I Atntes, mvi all ,to done under title Act shall is n 2 rn~••t 4^nty amt an IWrer ative publ It necessity to a,, the J In ;r.li manu:r as slit coil fo10 thelvlo, vile that expressly pretidad 3 <onstltuttcn,,l rule teyuit Ill I hills to be teal on three veveral •1 fct of nct, [f ally ptOCedute hereunder MAY be held by ally coutt to t days In ea:h hnute be suspetded, and this rule Is hereby iikvmended, S be vsulttlta of either of Such constitutions, ■ corporation shall S And llrat Uus Act take effect and be In force from anA of-ter Ito u I,re the power by resolution to provide an alternative procedure 4 passage, Mile] It IS so enacted. 7 conf0 u'rng With such conitI tutt Oils. It is the intent of the B 1egt+l at it 10 in adq+tIIto this Act that a corporation authotIred 9 pru su.tnt hereto Shall be a public corporation, eonstltuted •0 authority, and instrumentality authorized to Issue bonds on behalf it of th-t sponsoring entity on behalf of which such corporation Is 17. created, all within the naaning of Section 103 of the Internal 1J I:e'rnua cads of 1954, as amended, and the regulations proaulgated , tl end rulings la^•ued lhareunler. and this Act shall be construed ' acc ordtngi y. 15 SrCTl011 7.03, The piovlslons or this Act are severable, If I1 4nJ ♦otd, phtame. clause, paragraph, sentence, section, pat!, of i Ig rra.ISlon of this Act or the application thereof to any person or 17 e I I ctip, btanu shall be held to be Invalid or unconstitutional, the :0 ter^a;nler of tills '.et shall nevertheless be valid: and the :1 Irplslarure heteby declares that this Act would have been enacted c 2: wlthcot Such tttvalld or unconstitutional Word, phrase, clause, 21 par+gtJib, srnteuce, section, part, or provision, t 'I StCllotl 7.01. The fact that theta is urgent need to provide -S the autiror:ty for cities, counties, and districts to promote the 'i rtmyett ant Pi :,spoctire health. Safety, and genet al velfale of the p,mp2e cr this state and the ptomotion of health care, reaeaeeh, l It - - - - Fi,•i.',•nt of tfie Srnafe SpeaF:?r of the Mourne ~ f he rcUy ccrt I lq that S.6. No. 766 passed the Salt.t-In on ttr, S, 14dl, by a vlva•roca vote; May 25, 1981, Senate tel+rsed to echrut 1n llou.e ameivlmeut sod requested appointment of Conference - Gm■lltee; Mat 2S. 1481, House granted request of the Senate; June 1, 1991, Semite adopted Conference Committee Pepost by a Y IIV-voce vote. r Secr~ta[p a the Senate I hctvby tt-ltJfy that $.8. Ma . 166 passed the House. ulth aM~nd neat, on May 21, 1981, by a non-record vote; May 75, 1981, Hni,. grautel ley~ieot of the Senate for appointcent of Cc -rence R -mltlc7; May J0. 1981, llonse adopted Conference Committee Pepost bt the foltovinn vote, Ycas 98, "%is 38, four present not voting, chef CleiK o-~ the Flouse , Appro~'c-t; ___-'Fwie- - ~eJri sibs CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the rnlcrophalograpks oppoorime on Ihls Film-flla M with CITY COUNCIL AGENDA PACKET -11,!02/82 and lnding with CITY COUNCIL AGENDA PACKET are accurate and cornplefe reproductions of 1he records of (Cornpany and Dept.). CITY OF DENTON CITY SECRETARY as delivered In the regvlor course of buslness for pholairaphing. h Is further certlAod that the mlcrgphologrophlc processes were actornpilshod in a manner and on Alm which rnools with r9quiremonts of the Nallonol buroou of Slandarls 1w ponnanenl rnlcrophologrop4ic copy. 2ir ;3Alnrn - Rocgrds Cornp_fpLY / ILvas) UCHtIOL0GY AY (WQfrc I C.... Oro~ PLACE] rn y,Aij,2mk a= State Arlington, Texas. 76010