HomeMy WebLinkAbout12-21-82
NOTICE OF WORK SSW ' ltliG:U1 - SPECIAL CALLLU - E~IEKGfr~IC1' .~[EE'fIHC
OF THE OF THE
CITY OF UEIITO1%4, 'XAS.
Notice is hereby, v ives that oil the day of ,
lythe o t we
City of UentoTn 'Texa W held work session - r u - special
called emer g PQ e c meeting at I.• o'clock M . in
the v ~A of the-Punicipal Bufld rig located at
21S Last ,McKinney, L'enton, 'T'exas. 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
hoard/Commissiop, 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 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 Stith the
City's attorney, then such final action, final decision, or final
vote; shall be at either:
(a) tilt' public meeting covered by this notice upon the
reconvening of this public meeting, or
(b) at a subsequent public: meeting o: the Board/Commission upon
notice thc;reof, as the Board/Commission shall determine.
Un this day of G>~' 19 8g,-, the original of
this instrument was filed among the of icial records of the City of
Benton, Texas, and an original copy was posted on tLe bulletin board
in the main lobby of the Municipal Building of the City -c ilenton
at o'clock, W m. on said date.
/V_ f
CUAkLUTTE ALLLN, CITY SECR Tt1j(y
CITY OF UL'S'IO,N, TEXAS
02140
Y oa ~
' C LL
AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
December 21, 1962
1. Receive a report on the Denton Sesquicentennial
Committee activities.
2. Approval of extension of the employment agreement with
the City Manager.
3. Approval of extension of the employment agreement with
the City Attorney.
4. Approval of salary adjustment for the municipal Court
Judge.
5. Approval of Bid $ 9072, Wire and Cagle, Item 5.
0533C
~G7C~Qla7C.~
.NOTICE OF NORK SgsSiUIN - itLGULAK - SPECIAL CALLED - EMERGENCY MEETING
OF THE OF THE
CITY OF d1ENTUN, T &S.
Notice is llere4 giv it that on the day of
19 the o the
City of Denton, l'e s w 1 Bold a work session - - special
called - em geA mee ing ato'clock, m., in
the of the Municipal Bui ing ocated at
215 cast Mcgl y, Denton, "exas. 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 on 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 af':ctr 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 seating 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 sv.bsequent public meeting of the Board/Conmission upon
notice thereof, as the Board/Coma ission shall determine.
Ull this ~ day of the original of
this instrunent was filed among the official 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, _1:1• on said date.
CI1ARWrI'k: MILK, CITY St;( E 'AIZ1'
CITY OF UlNIVN, TUAS
U214C
i
•NU'1'1CE U1: iWRK SEiSSIU~' RLGULAR - SPECIAL CALLEU - EMERGENCY MEETING
OF THE OF THP
CITY OF inwrU14, ZAS.
Notico is hereb ivel that on the day of
ly g.9=, the o t e
City of Denton, Texa will liol a wor session - r - special
called - emer enc mee ing at o'clock, as - , in
the ~-_of the Municipal Bui loding orated at
215 East Mchinney, 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
witn the City's attorney as authorized by Article 62S2-17 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/Conmissio;s with regard to any
e7atter considered in such executive meeting ot 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/Conmission upon
notice thereof, as the Board/Commission shall determine.
Un this day of - 1 11 g02. , the original of
this instrunent was tiled among t!-.c official 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 J;,Q-4:L- o'clock, a, - _m. on said date.
f
CfiAEILU'1'1'r AL,LIiN, CE'i'Y SE( R1` ETARY
CITY OF UES'l'UN, TEXAS
U21jtC
9
~ C
AGENDA
CITY OF DENTON CITY COUNCIL
December 21, 1982
Regular Meeting of the City of Denton City Council on Tuesday,
December 21, 1982, at 5:30 p.m. in the Civil Defense Room of
the Municipal Building at which the following items will be
considered:
5530 p.m.
1. Receive a report from Dr. Flanagan.
2. Executive Sessions
A. Legal Matters - Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. 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.
D. Board Appointments - Under Sec. 2(g), Art.
6256-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
December 21, 1982, at 7s00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
11 Consent Agendas
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 Orderss
11 Bid # 9066 - Renovation of heating, air
conditioning and ventilation for Central
Fire station.
2. Bid # 9069 - Automotive and industrial
batteries
3. Bid # 9075 - Pole handling equipment
City of Denton City Council Agenda
DeceMet 21, 1982
'Page Two
B. Change Ordersr
11 Consider change order X11, C-48-1188-03
Wastewater Treatment Plant, for 0racon
Construction Company. (The Public Utility
Board recommends approval.)
C. Plater
1. Approval of the final plat of the Bell Place
Addition. (The Planning and Zoning
Commission recommends approval.)
2. Approval of the final plat of the Dunning
Subdivision - Phase I. (,rhe Planning and
Zoning Commission recommends approval.)
3. Approval of the final replat of Lot 1,
Section 1, Freeway Park Addition. (The
Planning and Zoning Commission recommends
approval.)
2. Request by the Denton Area Service Enterprise
Committee for a new ordinance affecting the operating
hours of private clubs in Denton.
36 Appearance by Mr. Al Testa regarding the rock crushing
plant proposed to be opened in Bolivar.
4. Consider requeit from Mr. R. J. Button, Lakewood
Estates Mobile Home Park, for water and sewer service
o~jtside city limits of Denton.
5. Consider approval of an agreement with the MKT
Railroad and the State Highway Deartment to install
crossing gates at the MKT tracks ang Prairie Street.
6. Approval of a lease agreement with Hexagon Buildings,
Inc., for a land lease at the Denton Municipal
Airport. (The Airport Advisory Board recommends
approval.)
7. Approval of an agreement with Texas Airport Management
Services (TAMS) for the management of the Denton
Municipal Airport. (The Airport Advisory Board
recommends approval.)
81 Ordinances
A. Consider an Ordinance for abandonment of easement
and quitclaim on block one, lot two of the Redman
Addition.
City of Denton City Council Agenda
becahber 21, 1982
Page Three
91 Resolutionsi
A. Approval of a Resolution authorizing the City of
Denton to support the Texas Municipal League's
1269-M Task Force Amendments governing Police and
Fire Departments in the Texas Legislature.
10, official Action on Executive Session Itemsi
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
ill New Businessi
This item provides the Council with an opportunity to
add new business for discussion at future agenda
meetings.
0528C
~ I
AU'T'1Ch OF iWRK §ESSIUN ~IMGUL9 - SPECIAL CALLE! E,IERGE;NCCY)%IEETING
CI'T'Y OF UE UN, TEXAS.
Notice is hereby liven that oa the day of ,
ly the of tFe
City of Denton, 1 as will hold a work session - Ar gul special
ailed - emegeitcy meeting at 7'! o'clock, m., in
p rZ . of the Municipal Bui
t lie at
215 s `Mc~y, Uenton, 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
HoardiCommission should determine that an executive meeting of the
Hoard/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 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 Hoard/Commission with regard to any
matter considered in such executive muting 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
la) at a subsequent public meeting of the Board/Commission upon
notice thereof, as the board/Comaission shall determine.
Un this day of 1J the original of
trtis in trument was filed among the official records of the City of
Denton, 'exas, and an original copy was posted on the bulletin board
in the main lobby of the Municipal Building of the City of Denton
:►t%~r o'clock,
m. on said date.
ClINkL1►'rT At LEr, C T Y SEI.E{fi• AM'
CITY OF U s'rn, TEXAS
U214C
EMERGENCY AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
December 21, 1982
1. Adoption of an Ordinance calling a Bond Election for
January 15, 1983.
0550C
EMERGENCY AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
December 21, 1982
1. Adoption of an Ordinance calling a Bond Election for
January 15, 1983.
0550C
T
CITY OF DENTON
MEMORANDUM
TOt Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
DATE: December 17, 1982
SUBJECTS Agenda Addendum Item #4
Regarding Agenda Addendum Item #4, the approval of a salary
adjustment for the Municipal Court Judge, it is my
understanding that the adjustment will be $400.00. This will
bring the total annual salary to $10,737.52.
G. Chris Hartung
GCH/ca
0539C
CITY COUNCIL AGENDA
Summary Sheet
Meeting Date: December 16, 1982
Agenda Item
Subject: Bid #9072 Wire 6 Cable, Item 5
Summary: This bid is for the purchase of 95,000 feet of
25 pair aerial signal control cable. The wire
is used by the Electrical Metering and Substation
Department to tie the substations and switching
gear to the control unit at the Power Plant. The
wire will be purchased as warehouse stock and
charged to the department as is is used.
Item 1 thru 4 of the bid were approved by City
Council December 14, 1982.
Action Required: Approval by City Council and award of bid.
Source of Funds: Account number 710-004-0598-8708, working capital
Warehouse stock.
Recommendation: We recommend this bid be awarded to the low bidder
meeting specifications of Cummins Supply in the
amount of $549.00 per thousand, total cost is
$529155.009 FOB Denton Texas, Delivery in 56 day3,
term net.,
Exhibits: Tabulation sheet
1
Submitted By:
Tom D. Shaw, C.P.M.
Asst. Purchasing Ageat
TDS/sl
BID 1 9072
,
BID Wire 4 Cable
OPEN 11/23/82 Nlls-in King Wire Priester T. W. Cummins Craybar WESCO Teeple, Dealers South- 1,6outh-
ACCOUN-r Electric Cable Supply Come. Supply Electric Inc. Electric western westea
1
(8l (A)
_YENDOR
1. 10/M Cable, 4/0 underground 1,205.94 1,066.71 1,120.00 1,187.00 1,125.00 814.00 987.00 980.00 889.95 1,022.00 i'1 ,142C41
2. 25/M Cable 12 underground 596.65 50.95 521.00 493.00 519.D0 581.00 454.00 472.00 585.90 493.00 1324.00
3. 1S/ Cable, 04 overhead 301M) 165.44 145.85 165.00 198.00 151.80 146.00 153.00 1T0.00 165.44 M/8 154.00
4. 25/ Cable, f2 overhead 309.58 292.83 308.00 391.00 285.00 306.00 264.00 256.00 309.55 267.00 589.00
S. 95/ 25 pr., figure "8" serial cable 619.35 N/8 N/8 556.00 549.00 604.00 613.00 591.00 608.93 597.00 597100
stock - stoc - stock - s oc - s oc - crock -
Delivery 4.12 Wks. !0 Wks 6 Wks 45-60 day, 56 days 10 Wks 10 wk 14-70 day 2-8 wks Wks.
F Wks
1'08 Denton Denton Denton Denton Denton Denton Denton Denton Denton Point t ng ! Pp
IMist
i
i
F4
re ~
fAGENDA
CITY OF DENTON CITY COUNCIL
December 21, 1982
Regular Meeting of the City of Denton City Council on Tuesday,
Dncember 21, 1982, at 5&30 w m. in hfol ivilingDef ens Rolm be
►he Municipal Building
considered:
5s3O p.m.
10 Receive a report from Dr. Flanagan.
2. Executive Sessions
A. Legal Matters - tinder sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate - Under sec. 2(f)► Art. 6252-17
V.A.T.:.
C. Personnel - Under Sec. 2(g), Art. 6252-17 V.A.T.S.
D. Board Appointments - Under Sec. 2(g), Art.
6256-17 V.A.T.S.
of Denton City Council on Tuesday,
Regular fleeting of the City
December 21, 1982, at 7x00 p.m. in the Council itemseCwill the
Municipal Building at which the following
considered:
7:00 p.m.
Consent Agendas
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 # 9066 - Renovation of heating, air
conditioning and ventilation for Central
Fire Station.
2. Bid t 9069 - Automotive and industrial
batteries
3, Bid # 9075 - Pole handling equipment
i
City of Denton City Council Agenda
December 21, 1982
Page Two
B. Change Orders:
1. Consider change order #110 C-48-1188-03
Wastewater Treatment Plantt UtGracon
ility
Construction Company.
Board recommends approval.)
C. Plats:
1. Approval of the final plat of the Bell Place
Addition. (The Planning and Zoning
commission recommends approval.)
2. Approval of the final plat of the Dunning
Subdivision - Phase I. (The Planning and
Zoning Commission recommends approval.)
3. Approval of the final replat of Lot 1,
Section 11 Freeway Park Addition.
Planning and Zoning Commission recommends
approval.)
2. Request by the Denton Area Service Enterprise
Committee for a new ordinance affecting the operating
hours of private clubs in Denton.
Appearance by Mr. Al Testa regarding the rock crushing
3.
plant proposed to be opened in Bolivar.
4. Consider request from Mr. R. J. Button, Lakewood
Estates Mobile Home Park, for water and sewer service
outside city limits of Denton.
5. Consider approval of an agreement with the MKT
Railroad sgates t at he State
MKT tracks and Prairie Street.
crossing 6. Approval of a lease agreement with Hexagon Buildings,
Inc., for a land lease at the Denton recommends
Airport. (The Airport Advisory Board approval.)
7. Approval of an agreement with Texas Airport Management
Services (TAMS) for the maAirportt Adof the visory Denton Board
Municipal Airport.
recommends approval.)
81 ordinances:
A. Consider an Ordinance for abandonment of easement
and quitclaim on block one, lot two of the Redman
Addition.
7
City of Denton City Council Agenda
December 21, 1982 '
Page Three
9. Resolutions:
A. Approval of a Resolution authorizing the City of
Denton to support the Texas Municipal League's
1269-M Task Force Amendments governing Police and
Fire Departments in the Texas Legislature.
10. Official Action on Executive Session Itemsi
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
11. New Businesst
This item provides the Council with an opportunity to
add new business for discussion at future agenda
meetings.
I
0528C
CITY COUNCIL AGENDA
Summary Sheet
Meeting Date: December 210 1962
Agenda Item
Subject: Bid #9066 Renovation of Heating AN, Ventaltion at
Central Fire Station
Summary: This bid is for the renovation of the air system at the
new Central Fire Station. The original design was an
under the floor return with the air units located under
the floor. We have experienced great difficulty with
water and accumulated moisture under the floor that has
over loaded the units and which creates an odor some of
the time. This bid is to relocate roof units with over-
head air system and replace everything under the floor.
This has been recommended by the architect to take care
of the problem.
Action Required: Approval by Council.
Alternatives: Reject all bids and rebid or th use the present undesirable
system.
Source of Funds:
Recommendation: The original installation was Carrier units, therefore
we specified the replacement units be Carrier units,
thereby having complete compatibility. The low bid from
Den-Tex Air Conditioning is bidding Payne units. The
Payne units are manufactured by Carrier, but we do not
have the guarantee that the parts are interchangable
and compatible in every respect, Isle then recommend the
Carrier units as bid by C.B.S. as the lowest and best
evaluated bid meeting specifications at $11,900.00. The
low bid from Den-Tex is $10,928.16 on the Payne units.
We know we can utilize some $900.00 or more worth of
replacement parts from the old unit if we go with a
completely compatible unit.
Exhibit: Tabulation sheet
Memorandum from Jack Gentry
Submitted By:
/ /John Js Marshall, C.P.M.
Purchasing Agent
JJM/sl
MEMORANDUM
DATE: December 9, 1982
T0: John Marshall, Purchasing Agent
FR0P1: Jack Gentry, Fire Chief
SUBJECT: Bid No. 9066 - Renovation of heating, air condi-
tioning, and ventilation system at Central Fire
Station
After reviewing Bid No. 9066 we are recommending the low bid
meeting specifications be awarded to CBS Mechanical, Inc.
NOTE: The bid calls for new Carrier coil/blower units, same
as existing units, to match tfie existing Carrier heat pumps.
ic en try
e Chief
,
JG/ec
v iy
BID 9066
BID Renovation heating, A/C, 6 ventilation
ryas o! of Eire S*atlnn
Beatty Millard Den-Tex Able CBS Work
OPEN 11_18-A7 Engineerin, Heath Sheet Met 1 Mechanic.!
Co. Co. 6 A/C
ACCOUNT I
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENI:):)R
1. Renovation of heating, air
conditioning, and ventilation
system at Central Fire Station 20900.00 17374.00 10928.16 13512.00 11900.00 24488.00
To Complete 30 days $ysorkiig 60 days 15 days 58 days
I
CITY COUNCIL AGENDA
Summary Sheet
Meeting Date: December 21, 1982
Agenda Item
Subject: bid #9069 Automotive & Industrial Batteries
Summary: This bid is for the purchase of automotive and
industrial batteries used by the City of Denton.
The bid is for one year, however we received a
bid firm for six months at a considerable lower
price than the next low firm bid for one year.
The low bid received from the Battery Shop was
subject to escalation or deescalation based on
the price of lead, therefore we did not receive
a firm bid from the low bidder.
Action Required: Approval by Council.
Alternative: Reject all bids and rebid,
Source of Funds: Budgeted repair and maintenance 8342 and 8343
Recommendation: We recommend this bid be awarded to the lowest
evaluated bid, firm for six months from G.S. Battery
Company for Globe Batteries. This bid is evaluated
only 1.38% higher than the lowest bid which is
subject to price change immediately and the
recommended bid is 28.64% lower thu-i the firm bid
for one year from Pennell Auto Parts, G & S Battery
Company has furnished the batteries for the City
of Denton this past year and some other prior years
satisfactorily.
Exhibit: Tabulation sheet
Submitted By: rr~~! t/Ill
John J, Marshall, C,P.M.
Purchasing Agent
JJM/sl
BID 1 9069
DID Automotive 6 Industrial Batteries
OPEN Nov. 18, 1982 Associated Chloride G. S. Montgomer Pennell Rummell Battei_v
Battery Ind. Batteries Wards Auto Oil Co. Shop
ACCOUNT 1 0598-8702 Supply Batteries Co. Parts
01-Y. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR 'VENDOR VENCI:?R _
2 A Group 24 43.69 44.60 37.85 69.95 42.27 42.50 37.sa:
B 24F 44.69 44.60 37.85 69.95 42.27 42.50 37.,1
C 27 48.77 50.20 42.49 69.95 55.12 45.90 42. a(,
D 27F 49.77 59.20 42.49 69.95 55.12 45.90 42,'If~
E 72 44.90 44.30 32.84 N/A 48.69 42.90 33__6
F 8D 119.77 124.00 109.76 N/A 116.66 118.90 105-.49
Power Chloride Globe Ward NAPA Power Asc.-n
Pak Pak Lit
Free Replacement. 90 da s 90 days- 90 days- 45 days 90 days 150 days 90 days
Firm 1 year es yes es yes no nu
Firm 6 months yes no no
CITY OF DENTON
MEMORANDU11
DATE OF 4,EETING: December 21, 1982
COUNCII. AGENDA ITEDt 0 Consent Agenda
Bid # 9015 Pole Handling Equipment
SUBJECT:
This bid is for the purchase of equipment to be
SU2CiARY: used by the Electric Distribution Department in
pole and transformer maintenance in easements
which are not accessible with conventional
equipment.
ACTION REQUIRED: Approval by council.
SOURCE OF FUNDS: The funds for the purchase of this equipment have
been budgeted in the 1982-83 fiscal budget account
610-008-0252-9230-E3929 Electric Distribution
Capital Improvements Plant and Equipment.
RECOMMENDATION: We recommend this bid be awarded to the lowest bid
meeting specification of Commercial iBody din they
amount of $445689.00, FOB, Denton, w
in 15 days. The two lower bids, one from Thierman
equipmentand an alternate from Commercial Body did
not include the electric power take off.
EXHIBIM Tabulation street.
SUBMITTED BY: Tom D. Shaw, C.P.M.
Assistant Purchasing Agent
BID 1 9075
,BID TITLE Pole Handling Equipment
Thierman Commercial Corurercial
OPENED 12/2/82 Utility Body Body
Equip. (Alternate)
ACCOUNT # 610-008-0252-9230-E392
j .qa$ 1TDI DESCRIPTIO VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR rf FNDOR -
JL 1_ Power Dolly 28,950.00 28,950.00 28.950.00 _
LA. C=rLLe_rxeights 1,960.00 1,960.00 1,960 00
L& _I 0 N A 1,985.00 NIA
Z.L_ 1 Tilt led Trailer 4,495.00 4,495.00 41495.00
`
3. i Pole uller 39590.00 39590.00 31590.00
4. 1 Pole Tamper 19169.50 19169.50 19169.50 - V _
5. 2 Two (2) wheel dolly 1$90.00 19590.00 1,590.00
5A. 2 Pole Cradle 950.00 950.00 950.00
LOT Set up Charge 700.00 N/C NIC
Lot Freight 780.00 N/C N/C
FOB Milwaukee Denton Denton Denton
Delivery 15 days 15 days
Total Bid Price 44,184.50 44,689.50 42,7014.50
December 21, 1982
CITY COUNCIL AGENDA
SUBJEM
Consider Change Order #11, C--48-1188-03 Wastewater Treatment
Plant, for Gra, Construction Company.
SUMMARY.
This change order consists of plant improvements which were not
foreseen until the new plant became operational.
1. Installation of a differential pressure flow transmitter
with necessary pressure flow elements in the existing
sludge flow meter vault to the existing Venturi tube. This
flow transmitter and elements are required to meter the
return sludge flow rate from the existing sludge pump
station to the head of the areation basin.
2. Installation of duplex pump starter controls with
associated wiring in the raw sewage pump station. The raw
sewage pump station is equipped with two sump pumps and one
starter control for both pumps. It has been determined
that more flexible pump operations and prevention of
starter overload would be enhanced with a second pump
starter control.
3. Purchase of a ap rtial spare parts list of critical items to
bs kept on hand for emergencies. This list of items is
necessary to prevent a shutdown of the Wastewater Treatment
Plant should main pieces of equipment fail, Additional
spore parts will be requested in a future change order.
4. Credit to the Citypof Denton for deficiency in pavement
thickness on sludge drying bed access road. Also credit
for pavement testing charges paid by City of DA-1ton which
should have been paid by Contractor. Thy. A ilities
Department does not believe that this pavement deficiency
will be critical as the area is not subjected to a great
deal of stop and go traffic and the road has held up well
since construction.
5. Pay extra cost for pipe and fittings installed to shorten
time required for plant shutdown when raw sewage force main
was tied into new plant in December, 1981,
1543U/3
FISCAL SUMMARY:
The Utility Staff and Public Utilities Board requests a change
order for t'►ti following items:
11 Install. a differential pressure
transmitter and elements at existing
return sludge flowmeter vault: $ 2,140.00
2. Install duplex pump starter controls $ 3,320,00
at raw sewage pump station:
3. Purchase spare parts for final clarifier
drive, primary clarifier drive, primary
thickener drive, and spare motor to fit3 2,220.00
any of above drives:
4. Credit City of Denton for pavement
thickness deficiency and testing thereo~~6,700.00)
5. Pay extra cost to tie in raw sewage
force main: $ $ 4t 180.00
Net increase for the above +35,160.00
SOURCE OF FUNDS: Bond Funds & Possibly Environmental
Protection Agency.
ACTION REQUIRED:
Approve, disapprove or revise and make appropriate
recommendation.
RECOMMENDATION:
rreese & Nichols, Inc Engineers, and the Public Utilities
Board, at their meeting of December 15, 1982, recommended
approval of change order #11 in the amount of $5,160.00.
Respectfully,
R. L, Belson
Directi:or of Utilities
EXHIBIT I Change Order #11
1543U/4
C
HMTO
. MAILING ADRESS: P.O. BOX 756, MESQUITE, TEXAS 75149, PHONE (214) 222.8533
December 1, 1982
Freese and Nichols, Inc.
811 Lamar Street
Fort Worth, Texas 76102
Attn: Elvin Copeland
Res Wastewater Treatment Plant
Denton, Texas
Gentlemen:
The following breakdowns are for the balance of the requested Change Orders:
1. Differential pressure transmitter @ existing return
sludge flowmeter vault.
Flow Transmitter $19240.00
Tubing 50.00
Electrical 160.00
Labor 240.00
Field Burden 170.00
Overhead & Profit 280.00
. $2,140.00
2. Duplex pump control @ raw sewage pump.station.
Control Panel $11980.00
Conduit &:Wire 100.00
Labor 550.00
Field Burden 260.00
Overhead & Profit 430.00
$3,320,00
3. Spare Final Clarifier Drive $850.00
Spare Primary Clarifier Drive 570.00
Spare Primary Thickener Drive 570.00
Spare Motor 230.00
4. Credit for inadequate thickness of asphalt
pavement and testing. $6,700.00
Also in an effort to solve the question of extra compensation for the tie-in
of the raw seeage force I-Ain we propose the following: If the City of Denton
will issue it change order for the full amount requested Gracon Construction
will reimbrrse the City for their payment for repair parts for the Moyno Scum
Pumps.
As this appears to be the final change order we again request that the correction
to Change Ordtr No. 7, Item 3 be made. The amount should have been $880,00
instead of $170.00.
Very truly yours,
CRACO CONSTRUCTION COMPANY, INC.
By
J mes Kern
STREET ADRESS: 4 343 SOUTH AELTLINE, MESQUITE, IEXAS 73149
CHANGE OR EXTRA WORK ORDER
PROJECT; Wastewater Treatment Plant E.xpanston
CONTRACT: C-4'r-1188-Q3
OWNER: City of Denton, Texas
CONTRACTOR: Gracon Construction Company
CHANGE ORDER NO. 11 DATE: December 6, 1982
CHANGE OR EXTRA WORK TO BE PERFORMED
1. The Contractor shall furnish and install in the existing 10" Return
Sludge Flowmeter Vault a differential pressure transmitter and
necessary pressure lines to the existing venturi tube, The Con-
tractor shall connect the flow transmitter to, existing wiring in
the vault. Flow transmitter shall be Gould Statham PD-3000-200-12-
11 furnished with a 316 stainless steel service block and zeroing
manifold, D/A Manufacturing Co., Model SBZ-43T. Range of the
transmitter shall be 0-40 to 0-200" of water. Transmitter shall
have TP114 transient protector'and Model 81 mounting bracket.
A conduit seal shall be furnished and installed in the ,,unduit to
• the transmitter. TOTAL ITEM 1 $2,140.00
2. Furnish and install all necessary 4equipmf.nt and labor to make the
following additions as shown on attached Plate No. 2:
A. In Motor Control Center "F" (Raw Sewage Pump Station) bypass
the existing contractor for the sump pump.
8. Furnish and install a duplex pump control on the north wall of
the Raw Sewage Pump Station adjacent to the existing sump
pumps and make all necessary wiring chr,,iges to make the system
operable. Pump Control shall be for two'pump down operation
on 460 volts, 3-phase, 60 hertz and equipped with individual
disconnects, across-the-line magnetic starters 3-phase overload
protection, electrical pump alternater, automatic automi tic
transfer to non-operating pump in event of operating pump
failure,, overload reset, overload reset, hand-off-automatic
selector switch for each pump and 120 volt control transformer
for each pump all housed in a NEMA 4X stainless steel enclosure.
Pump control shall be as manufactured by Hydromatic,
TOTAL ITEM 2 a 53,320.00
3. Furnish the following items of spare equipment to City of Denton,
eruipment to exactly match that which is presently in service:
A. Spare Final Clarifier Drive
B. Spare Primary Clarifier Drive
C. Spare Primary Thickener Drive
D. Spare Motor to Fit Any of Above
TOTAL ITEM 3 = $2,220.00
4. Credit to the City for deficiency in pavement thickness on sludge
drying bed access road east of old concrete drying beds, and for
payment of $1,175 laboratory statement which should have been paid
by Contractor. TOTAL DEDUCT (561700.00)
5. Extra cost for pipe and fittings furnished and installed to shorten
time required for plant shut-down,, and raw sewage by-pass,
during the tie-in of the raw sewage force main in December, 1981.
TOTAL ITEM 5 z L4,180.00
Previous contract amount $79752,280.00
Not(increase)(darm*a%*in contract amount 5,160,00
Revised contract amount 71157,440.00
Not(increase)(decrease)in contract time of completion No Change
Revised contract lime of completion No Change
Recommended by Approved by OWNER
FREESE AND NICHOLS
+ By -
By
DI11ribullON1
. Approved by CONTRACTOR t»o+.ner
t»Cenlreeler
t - A- i N. 01nes
By I - Res. Enq.
FREESE & NICHOLS
CONSUMNO INOMIM
Street •
Ex is f Re urn
5/ud c Pu.»,o .
Sto ion
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•
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E,Clal RClUeY7 Sludge
)C"10 K/ Me r'crs
Insfo// Clow Trarr;+n0er- And
Convect ro GrxisA wirirnq
RET'IJR~t/ 9L000C ELON/ TicAAI5M/T'r
• COY OF" DEI/ TOAJ, 7-CX AS
wAS TeW4 rER r,9CA TNEAJ T
P4AN r EX PA nisiO/\-1
Ohor7ne Order Alej ` PGA TE N'O, /
FREESE & NI'CHOLS
CONSUMING ENOINIIIS
Exist MCC •`F"
. (Prow Sewaye Pump 5/0.)
. ~p
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Lever/ C'anr~ro/ 7o
pup/cx Pump Control
) I5A 15A _
: 44/3P q sP
1 1 .1.. 1
I 1
Alternator i
_j Ole 6,174-1,
65x 4e) 5/4
exis Y
Sump Pumps
ONE' L AIE DIAGRAM
RAW SEWAGE POMP 57A" 7"10A-1 SUMP PUMPS
~iUew Jhown ~ orkcned~
C17 Y OF DEIV To1v, 7"4*5
WA5TEWATE,? TP"A?TMEA)T
R A AJ T EXPAAJ5101v
C'v4l'jGr OROER ~tlo' 1( PC.~T'E ~t/0.2
MEMORANDUM
TO: File
FROM: Elvin Copeland
DATE: December 6, 1982
SUBJECT: Denton WWTP
Extra Payment for Pipe Tie-In
Gracon has submitted a claim for extra payment in the amount of $4,180
for the work performed during a plant shut-down in December 1981 to tie
in the new raw sewage force main. R. E. Nelson has agreed to pay only
$2,500 of the claim.
Denton has spent $1,920 in repairs on the gravity thickener sludge
pumps, and has requested reimbursement by the Contractor.
Gracon has offered to pay the $1,920 if the City will pay the entire
$4,180 claim.
Assuming the extra cost for the plant tia-in will be grant eligible,
• since the City was forced to do it by TDWR, the net cost to the City for
the two alternates is,
1. Pay Gracon $2,500, receive $1,920 payment
frog Gracon, and $1,875 from Grant.
Net to City = $1,295 Credit
(Net Payment to Gracon • 2500 - 1920 a $580.00)
2. Pay Gracon $4,180, receive $1,920 from
Gracon, and $3,135 from Grant.
Net to City = $ 875 Credit
(Net Payment to Gracon a 4180 - 1920 = $2,260.)
Alternate No. i is $420 better for City
Alternate No. 2 is $1,680 better for Gracon.
FREESE -AND NICHOLS 11-1-82
CONSULTI NG ENGINEERS DATE
111 lAMAR 31. FORT WORTH. TEXAS 76102
•
MEMORANDUM
To-- E1vtn ;Soy Copeland
PROJECT--Dnton WWTP Expansion
FROM Coy Veach DTN 78188
On the basis of the equation obtained from M. Thelin and an
examination of the core sample data available, I have calculated
the amount of credit that should be requested from Gracon Construction
Co. for the pavement deficient in thickness at the Wastewater
Treatment Plant. The total am,)unt should be $5,527. This number
has been given to Jim Kern of Gracon in a telephone conversation
and he is pursuing the matter with his subcontractor to see if he
will accept the amount as a settlement.
A large portion of the figure represents the credit due for the
pavement thickness deficiency on the sludge access road east of the
old concrete bottomed drying beds. The contractor may prefer to
overlay this section rather than accept the credit ar,ount of $4,299.
Also, we discussed the possibility that the subcontractor may wish
to do additional coring if he feels that the cores do not fully
represent the thickness of the pavement. I pointed out that there
wild probably be no objection, providing that the test were performed
by an independent lab such as Southwestern Laaoratories and that the'.
results could very well indicate that the pavement deficiency was even
greater than indicated by the ones already taken instead of being
less.
In addition to this amount, the City should receive a credit
for the batehing inspection which it has paid for that was the contractor
expense per specifications. This would be a credit of $1,175.
Tu fal ~►eJ~~ D~.e = 40 iSo5
FREESE AND NICHOLS DATE 9-18-82
CONSULTI NG ENGINEERS
TIT1 (AMAR ST. FORT WORTH, TRXA! 76107
• MEMORANDUM
Elvin C. Copeland PROIECI Denton WWTP Exapnsion
TO
FROM Coy Veach
Attention is required on the following items relating to the
performance of the paving subcontractor on this project:
1. The City of Denton has made payment to Southwestern Laboratories
for hot mix plant inepeotion services which were performed in connection
with the construction of roads at the plant. These charges should have
been billed to Gracon's subcontraotor, A-1 Maintenance, per Section 109
Par. F of the. specifications, All arrangements for this service were
made by the subcontractor. The cost of these services per attached
invoices is $1175.00.
2. A decision should be made regarding the action to be taken on the
deficiencies in the pavement at the treatment plant. With one exception,
testing on the pavement densities and depths from the core samples taken
indicate that the roads on the south side of the plant are approximately
51 to 54 inches thick at the crown of the road, while the required
thickness is 611. The roads have adequate thickness away from the'road
oruwn. Thelin had recommended that all areas which were deficient
in'thickness by over ill be retopped.
The one core sample of exception was sample number 10 which was wtaken
hich
from the road east of the existing sludge drying beds. This
has no crown but slopes from west to east, had a measured thickness of
4.66". This thickness is not i" less than the 5" thickness of HMAC
required in the sludge drying bed area, which is subjected to the same
wheel loads. Retopping of this road could affect the drainage of tho
"main street" to the to the "sludge aoess road" as shown in Detail A
shown on Sheet 7t unless precautions were taken to preserve the valley
and curb, it may be best to approach the contractor for a credit
for the low thicknesses in lieu of retopping the pavement.
For areas deficient in density, Thelin recommended asking the con-
tractor for a credit as there is no means of correcting this type of
deficiency other than repaving He did not feel that fathesestop
would be oritioal as the area is not subjected to a great
and go traffic.
hrS T;~ V C T/ON c= F/ G /6'~CES /b=~'-PZ
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•
•
i GRACON CONSTRUCTION COMPANY, INC.
i 3201 HIGHWAY 67. SUITE F • MESQUITE, TEXAS 73150 • (2141 270.7150
December 16, 1981
Freese 6 Nichols, Inc.
811 Lamar Striet
Fort Worth, Texas 76102
Attn: Flvin Copeland
Re: Wastewater Treatment Plant
Denton, Texas
Gentlemen:
As per our discussion at the meeting of December 150 1981, we are sub-
mitting cost estimates for two alternate methods of making the tie-ins
• to the force mains as shown on Drawing PP-3.
Alternate 1 consists of laying a temporary line from the new raw sewage
line to the existing grit chamber and pumping the flow using the new
pump station facilities. The new pipe to the new meter vault with
connections to the force mains can then be installed. A new 36" gate
valve must be installed on the new line between the 36"x20" wye and the
45'. bend at station 4.52.41. This valve will be closed and the new
pumping facilities will be turned off and the old turned on, returning
the flow to the 16" and 20" force mains. The temporary line will then be
removed and a closure made betwt^n the wye and the 45' completing the
dew pipe installation. The costs for this alternate are as follows:
Pipe Closure and Adapters $2,500.00
Temporary Pipe 610.00
Valve 15,000.00
Labor 1,600.00
Equipment 1,000,00
Field Burden 2,670.00
Overhead 6 Profit 31420600
Total $260190.00
Alternate 2 consists of taking the 16"force main out of service by closing
the valves at the existing tee meter vault and cross, thus diverting all
C~ plant flow through the existing 20" force main. New piping will then be
installed from the 36" x 16" wye through the new meter vault to this new
. 24" x 16" tee, Temporary caps will be installed on the wye and the tee.
The plant flow can then be diverted through the 16" line and the 2011 taken
y
Page 2
. Freese & Nichols, Inc.
December 16, 1981
out of service. The new 20" x 36" wye can then be installed and connected
to new pipe already in place as well as the new 36" x 24" tee. At this
point the plant raw sewage pumping facilities must be completely shut
down to allow for removal of the temporary caps rrd the installation of
closure sections between the new wyes and tees thus completing the Install-
ation. The cost for this alternate is as follows:
Pipe closures and caps $29500.00
Labor 500.00
Equipment 300.00
Field Burden 330.00
Overhead and Profit 550.00
Total $4,180.00
We wish to point out the severe risks involved with the use of Alternate
2. For extended periods of time all plant flows are diverted to either
the 16" or 20" force main, Neither of these lines by themselves are capa-
ble of handling the full plant influent. The resulting backup in the lines
could create an overflow of the outfall lines into the watershed. The same
problem exists when the pumping facilities are completely shut down. There
is not enough storage capacity in the outfall lines to allow sufficient
time to install the closures without the possibility of overflowing the
system.
If the City of Denton directs us to proceed with Alternate 21 Gracon
Construction will not be responsible for any contamination or ollution of
the watershed. Alternate 1 contains no overflow or bypass situations and
therefore should be seriously considered to eliminate any possible problems
with the Texas Department of Water Resources.
When the alternate is chosen the cost involved will be considered extra
work and a change or issued to compensate for these costs.
We also wish to stress the need to resolve this situation as soon as
possible. The lack of bypass permits has delayed the project since October
and delaying a directive on which alternate to use and when it can be done
will affect the cost and completion date.
If you require any additional information please contact us.
Very truly yours,
GRACON CONSTRUCTION COMPANY, INC.
BY, Ad
J es Kern
JK/se
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date: December 21, 1982
Subject: Approval of the final plat of the Bell
Place Addition.
Summary: This is a 3.59 acre tract beginning on
the south side of Withers between Bell
Avenue and Mingo Road. The zoning is
Planned Development (PD) for office use
and office development is proposed.
The plat meets technical requirements
of the Denton Subdivision Regulations
and all public facilities are in place
or available for extension to this site.
Action Required: Approve the final plat.
Recommendation: the Planning and Zoning Commission recom-
mended approval of the final plat by a
vote of 7-0 at its meeting of December 1, 1982.
Exhibits: 1. Reduced plat
2. Planning and Zoning Commission minutes
of meeting of becember 1, 1982
kt kw~ i
David Ellison
Development Review Planner
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Minutes.
Planning and Zoning Commission
December 1, 1982
Page 7
Mr. ,
Ellison explained the final replat of 0.332 acre
parcel located along the south side of Bandera Street,
between the I-35 North service road and Mesa Drive. The
property is zoned light industrial (LI), and the final
replat meets technical requirements of the subdivision
regulations and all public facilities are in place or
available for extension.
Ms. Mays moved to recommend approval of Freeway Park
Addition.
Seconded by Ruby Cole and carried unanimously. (7-0)
C. rpproval of the final plat of the Bell Place Addition.
Mr. Ellison explained this is a 3.59 acre tract begin-
ning on the south side of Withers between Bell Avenue
and Mingo Road. The zoning is planned development (Pp)
for office use and office development is proposed.
Greg Edwards stated the drainage calculation needs to be
redone to reset building elevations; it does not affect
any of the improvements or designs that are in the
plans. They can handle this in the building permit pro-
cess and recommend approval.
Marilyn flays made motion to recommend approval of Bell
Place Addition.
Seconded by Mr. Sidor and carried unanimously. (7-0)
D. New Business
Chairman asked for items of new business to be consid-
ered.
Mr. Ellison stated we had an item of new business. They
should nave before them a memorandum and a letter from
Bullitt Lowry, Chairman of the Historic Landmark Comais-
sion. The inemo and letter are in regard to the de-
struction of the "historic Williams house" formerly
lucated between West Oak and Pearl Streets.
.411 this information is in regard to a zoning change
request for property Witt, frontage on West Oak Street
and Carroll Boulevard. Property on Carroll Boulevard
was subject of a zoning change request for planned de-
cvelentupmanedntwefor
was designated for ttownhouse ouse; yhowever
the townhouse portion of the property was not Included
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date: December 21, 1982
Subject: Approval of the final plat of the Dunning
Subdivision - Phase I.
Summary: This is a proposed 0.772 acre subdivision
which will reportedly accommodate a ser-
vice station if plat approval is granted.
The zoning is general retail (GR) and the
property has 200 feet of frontage along
the I-35 service road.
This subdivision plat includes dedicated
right-of-way and plans for construction of
an approximately 800' section of Ridgeway
Drive. Ridgeway Drive is designated as an
arterial type street by the approved thor-
oughfare and collector street plan and the
Denton Development Guide. The eighty (80)
feet of right-of-way being dedicated is
acceptable for an arterial type street,
and if constructed, the width of the
street will be forty-nin- (49) feet from
back-of-curb to back-of-curb. The devel-
oper will be responsible for construction
costs for a thirty-four (34) foot portion
of the street, and the City can choose to
participate in the cost of oversizing.
The State Highway Department has been
asked to comment on the prospect of re-
routing FM 2181 from its current designa-
tion along Teasley Lane, to a new location
along Ridgeway Drive that would inter-
sect I-35 E. at the existing Loop 288 -
I-35 E. interchange (gee attachment #2).
In its enclosed response (attachment #3),
the highway department appears to support
the redesignation and re-routing idea if
the facility is constructed by the devel-
oper and the city during its initial
phases, and its function is as a secondary
arterial. The minimum acceptable right-
of-way for a secondary arterial is report-
edly eighty (80) feet. Responsibilities
for maintenance would shift to the highway
iepartment if Ridgeway Drive becomes a
city council Agenda
Back-Up Summary Sheet
December 21, 1982
Page 2
part of the state highway system and state
funds could become available if future
improvements needed to increase capacity
becomes a priority. Official approval has
not been granted, but again, it appears
that the highway department is supportive
of the proposal to redesignate Ridgeway
Drive and re-route FM 2181.
The plat and plans for Ridgeway Drive and
the 0.772 acre parcel being platted are in
conformance with technical requirements of
the subdivision regulations. In addition
to plans for the construction of Ridgeway
Drive, there are also plans to construct a
thirty (30) inch water line and a ten (10)
inch sewer line to serve the proposed de-
velopment and any development that may
occur in the future. The developer is
responsible for construction costs of an
eight (8) inch water line and the City
Council must approve any participation in
' oversizing costs. The Public Utilties
Board has reportedly recommended that the
City participate in the cost of install-
ing the proposed thirty (30) inch water
line for future planning purposes.
Action Required: App-oval of the final plat.
Recommendation: The Planning and Zoning commission recom-
mends approval of the final plat of the
Dunning Subdivision - Phase I by a vote of
6-1.
Alternatives: 1. Approve the final plat.
2. Deny the final plat.
Attachments: 1. Reduced plat
2. Map of proposed Ridgeway Drive
3. Correspondence from State Highway
Department
4. Planning and Zoning commission minutes
of meeting of December 1, 1982
r
a
Ile
David Ell son 1
Development Review Planner
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RECEIVED NOV 0 ,X482
CORPORATION DUNNING SUBDIVISION 5MttT ONE
CONSULTING ENGINEERS PHASE ONE ONE
DENTON, TEXAS AN ADDITION TO THE CITY Of DEMON
r'P c;-.. r !s:•::- OFNTON COUNTY TEXAS ics NO IO 804
R
ATTACHMENT #2
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PROP'OSED' ROADWAY.
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CONIMISSION STATE DEPARTMENT OF MG11WAYS ENGINEER{WtECTOR
• AND PUBLIC TRANSPORTATION M. G. GOODS
A.SAMWZOROP.CHCRYAN p, 0. Box 3067 Dallas, Texas 75221
MYITT C. CRE£R C•yt!:r'
1 IJ E -
RAY A. BAaHkART November 23, 1982
I 1 1 c,.,•:,••-• • flu
Farm to Market Road Redesignations L t,
Denton County
DEC
1 X982'
Mr. G. Chris Hartung
City Manager
City of Denton
Municipal Building
Penton, Texas 76201
Dear Mr. Hartung:
This trill-acknowledge your letter of May 20, 1982 concerning the
re-routing of F,M, 2181 from the current designation along Teasley
Lane to a new location along Ridgeway Drive to be constructed by
the City of Denton that would intersect I.H. 35E at the existing
-Loon 288-I.H. 35E interchange, We regret that we have delayed our
response beyond the time when your planning Commission desired to
review this proposal; however, as you indicated in your letter,
this is a difficult proposal for our Department to answer.
In response to question number 1 and 2, we offer the following
comments:
1. The re-routing of F.M. 2181 along the proposed relocation
along Ridgeway Drive to intersect with Loop 288 and I.H.
35E. appears to be satisfactory and if the highway facility
is constructed by the City of Denton prior to the redesignation
with a ftinction classification as a secondary arterial,
District 18 vould be agreeable to recommending and supporting
this redesignation. Obviously, this will require as a ninimum,
approval by our Department Is Administration at State Headquarter Is
level.
2. Once F.M. 2181 is re-routed and becomes a part of the State
Highway System, and our Department assures maintenance of the
pavement and its support, program fUndS required for construction
required to increase capacity will he subject to progra,-i
prioritization based on both the overall nce.Ls of the State
of Texas and District 18. For existing State naintained
facilities, capacity improvement prioritization will normally
be based on the following criteria:
blr, G. Chris Hartung
November 23, 1982
Page 2
1. Traffic generators such as large residential areas,
shopping centers, etc, served by the roadway (moth in
number of degree of importance)
2. The average daily traffic for the roadway today and
traffic projected for the time that the capacity imprrne.
ments are completed and for the year 2000
3. The estimated driving hours saved per day if the capacity
improvements are built
4. The projected population growth in the county where the
project capacity improvements are to be constructed in
relation to population growth in all other counties
Obviously, this criteria will cause those proposed projects in rapidly
developing areas to have a higher priority than those that are experiencing
a slower growth, lie are unable to predict the time when funds would be
availab' for wideni„ g the two lano facility proposed to be constructed
by the City of_Denton;_although, as demonstrated by traffic operations
on F.M. 2181 (Teasley Lane), traffic volumes on a two lane road of 6,000
to 8,000 ADT with peak hour volumes of 10,12i will create substantial
delay in travel times. Therefore, in direct response to your question,
the position of this District would be to give consideration to widening
the relocated F,M, 2181 at the time when traffic volumes begin to create
congestion and undesirable operating conditions contingent upon the
availability of progrw,rfunds for a project of this type when cam,-ed
with the overall needs of the District.
Please advise if we nay be of further assistance,
Yours very truly,,
.Ca Z Z `
t!1147
Robert L. Yielding
District Engineer
Minutes
Planning and Zoning Commission
December 1, 1982
Page 6
.
111. Considerations
A.('Approval of the final plat of the Dunning Subdivision -
Phase I.
Mr. Ellison read backup summary and explained this is a
proposed 0.712 acre subdivision which would accommodate
a service station if approved. The subdivision plat in-
cludes right-of-way and plans for construction of an
approximately 800' section of Ridgeway Drive. The
eighty (80) feet of right-of-way dedicated is acceptable
for an arterial type street; the width of the street
will be forty-nine (49) feet from back-of-curb to back-
of-curb.
Mr. Escue pointed out that when this area was zoned that
the City Council specified a 60' right-of-way for
Ridgeway Drive. Mr. Watkins said that straight zoning
which was granted at that time by the City Council does
not allow for the imposition of conditions. Addition-
ally, the Denton Development Guide which was adopted
after this zoning case shows Ridgeway as a secondary
arterial street. The staff feels that the road would
function as a secondary arterial regardless of the width
and that additional width improves traffic safety and
keeps our options open insofar as redesignation as a FM
road.
The Planning and Zoning Commission, Bill Nash, and the
staff further discussed previous Planning and Zoning
Commission and City Council actions regarding the road.
Greg Edwards discussed engineering problems with the
proposed subdivision and recommended approval of the
plat pending resolution of the engineering prior to City
Council approval.
Andy Sidor made motion to recommend approval of the
Dunning Subdivision - Phase I. Seconded by Ruby Cole.
Vote: Aye - Claiborne, Cole, Juren, LaForte, Mays, and
Sidor
Nay - Escue
Motion carried. (6-1)
e. Approval of the final replat of the Freeway Park
Addition.
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date: December 21, 1982
Subject: Approval of the final replat of Lot 1,
Section 1, of the Freeway Park Addition.
Summary: This is the final replat of a 0.332 acre
parcel located along the south side of
Bandera Street, between the I-35 North
service road and Mesa Drive. The prop-
erty is zoned light industrial (LI) and
the proposed land use is a Waffle douse
restaurant. The final replat meets
technical requirements of the subdivi-
sion regulations and all public facilities
are in place or available for extension to
the site.
Action Required: Approve the final replat.
Recommendation: The Planning and Zoning Commission recom-
mends approval of the final replat by a
vote of 7-0.
Exhibits: 1. Reduced replat
2. Planning and Zoning Commission minutes
of meeting of December 1, 1982
Letlj U/ ) CTA.')
David Ellison
Development Review Planner
r
+M~j°ffiNil \ 1 1 ~ +
LOT SECTION ONE
Y.y •
FREEWAY FARK SUBDIVISION
V!CINlrr PLdr An addilion to the City of Denton out of
Me F Boston Survey.. Abstroct No. 9$
Denton County, revos
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Minutes
Planning and Zoning Commission
December 1, 1982
Page 6
III. Considerations
A. Approval of the final plat of the Dunning Subdivision -
Phase I.
Mr. Ellison read backup summary and explained this is a
proposed 0.112 acre subdivision which would accommodate
a service station if approved. The subdivision plat in-
cludes right-of-way and plans for construction of an
approximately 840' section of Ridgeway Drive. The
eighty (80) feet of right-of-way dedicated is acceptable
for an arterial type street; the width of the street
will be forty-nine (49) feet from back-of-curb to back-
of-curb.
Mr. Escue pointed out that when this area was zoned that
the City Council specified a 60' right-of-way for
Ridgeway Drive. Mr. Watkins said that ,traight zoning
which was granted at that time by the City Council does
not alto- for the imposition of conditions. Addition-
ally, the Denton Development Guide which was adopted
after this zoning case shows Ridgeway as a seconda;-y
arterial street. The staff feels that the road would
function as a secondary arterial regardless of the width
and that additional width improves traffic safety and
keeps our options open insofar as redesignation as a FM
road.
The Planning and Zoning Commission, Bill Nash, and the
staff further discussed previous Planning and Zoning
Commission and City Council actions regarding the road.
Greg Edwards discussed engineering problems with the
proposed subdivision and recommended approval of the
plat pending resolution of the engineering prior to City
Council approval.
Andy Sidor made motion to reco,amend approval of the
Dunning Subdivision - Phase I. Seconded by Ruby Cole.
Vote: Aye - Claiborne, Cole, Juren, LaForte, Mays, anti
Sidor
Nay - Escue
Motion carried. (6-1)
B. Approval of the final replat of the Freeway Park
Addition.
Minutes
Planning and Zoning Commission
December 1, 1982
Page 7
Mr. Ellison explained the final replat of 0.332 acre
parcel located along the south side of Bandera Street,
between the I-35 North service road and Mesa Drive. The
property is zoned light industrial (LI), and the final
replat meets technical requirements of the subdivision
regulations and all public facilities are in place or
available for extension.
Ms. Mays moved to recommend approval of Freeway Park
Addition.
L Seconded by Ruby Cole and carried unanimously. (7-0)
C. Approval of the final plat of the Bell Place Addition.
Mr. Ellison explained this is a 3.59 acre tract begin-
ning on the south side of Withers between Bell Avenue
and Mingo Road. The zoning is planned development (PD)
for office use and office development is proposed.
Greg Edwards stated the drainage calculation needs to be
redone to reset building eleve ions; it does not affect
any of the improvements or designsothat are in the
plans. They can handle this in the building permit pro-
cess and recommend approval.
Marilyn Mays made motion to recommend approval of Belt
Place Addition.
Seconded by Mr. Sidor and carried unanimously. (7-0)
D. New Business
Chairman asked for items of new business *o be consid-
ered.
Mr. Ellison stated we had an item of new business. They
should halle before them a memorandum and a letter from
Bullitt Lowry, Chairman of the Historic Landmark Commis-
sion. The rnemo and letter are in regard to the de-
struction of the "historic Williams house" formerly
located between West Oak and Pearl Streets.
All this information is ii regard to a zoning change
request for property with frontage on West Oak Street
and Carroll Boulevard. Property on Carroll Boulevard
was subject of a zoning change re-uest for planned de-
velopment for office use and contiguous property adja-
cent ano west was designated for townhouse use; however,
the townhouse portion of the property was not included
c7"
CITY OF DENTON
MEMORANDUM
TO: Mayor and Members of the City Council
FROM Charlotte Allen, City Secretary
DP.TEs December 16, 1982
SUBJECT: Back-up Material for Agenda item i2
This item was requested to be put on the City Council agenda by
Mr. Steve
of he Guidelines rforeAppearance Bmaterial efore the was submitted.
A copy Council
has been forwarded.
Charlotte Allen
ca
05310
CITY OF DENTON
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Charlotte Allen, City Secretary
DATE: December 16, 1982
I
SUBJECTS Back-up Material for Agenda item ;3
This item was requested to be put on the City Council agenda by
Mrs. Georgia Head. No written back-up material was submitted.
A copy of the Guidelines for Appearance Before the City Council
has been forwarded.
a en
Mar r of of -
ca
0532C
ye
December 21, 1982
CITY COUNCIL AGENDA ITEM
SUBJECT:
Request from Mr. R. J. Button, Lakewood Estates Mobile Home
Park, for Water & Sewer Service Outside City Limits of Denton.
SUMMARY:
Mr. R. J. Button, present owner of Lakewood Estates Mobile Home
Park, has requested water/sewer service at the location shown on
the attached Exhibit II. Mr. Button has agreed to pay all costs
of such installation and to meet City of Denton specifications.
FISCAL SUMMARY:
Not applicable.
ACTION REQUIRED:
Recommendation by the City Council approving or disapproving
subject request by R.J. Button for water and sewer service
outside the City limits.
ALTERNATIVES:
Approve the request as long as owner meets all City of Denton
specifications.
Deny the request and allow the owner to drill a well and install
septic tanks.
RECOMMENDATION:
The Public Utilities Board, at their meeting of December 15,
1982, recommended to the City Council that the request for
water/sewer service outside the City limits made by Mr. R. J.
Button be approved, since this property is just outside the City
limits, providing the Owner meets all City requirements and/or
specifications.
Respectfully,
R.E. Nelson
Director of Utilities
EXHIBIT I Letter of Request
II Location Map
1543U/2
TON PROPERTIES I NC.
. F 15888 Preston Road #8 Dallas, Texas 75248 214-388-4885
November 30, 1982
Mr. Earl Jones
Water b Sewer Facilities Administrator
City of Denton
Municipal Building
Denton, Texas 16201
Dear Mr. Jones: ,
Pertaining to our Plan Review Meeting of this morning, please
consider this our formal request for City sanitary sewer and
. water services to Lakewood Estates which is currently under
construction gust outside the city limits of Denton on the
southeast corner of Teasley Lane and Robinson Road,
Please find enclosed a copy of our utility plan. Feel free
to contact us with any questions you may have.
Ver ly urs,
. . Button
esident
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING. December 21, 1982
CITY COUNCIL AGENDA ITEM USE EXACT WORDING AS ITEM IS TO BE
PLACED ON AGENDA)
Consider approval of an agreement with the MKT Railroad and the
State Highway Department to install crossing gates at the MKT
tracks and Prairie Street.
SUMMARY:
The City has asked for funding for the railroad crossing at the
Prairie Street and the MKT tracks for several years. The
Highway Department has finally made funds available for the the
1983 funding year. We have received a request from the Highway
Department to participate in the amount of $4,550.00 or 5% of
the project.
FISCAL SUMMARY:
The cost would be $4,550.00. Currently, there are funds in the
CIP fund to cover this amount of work.
ACTION REQUIRED.
Council should approve the request and authorize the City
Manager to sign certification statements.
ALTERNATIVES:
Leave the crossing as is.
STAFF RECOMMENDATION:
Staff recommends approval.
EXHIBITS:
I. Memo to G. Chris Hartung
II. Letter from Highway Department
c ve a
CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: December 14, 1982
SUBJECT: Railroad crossing at Prairie and McKinney Street
Attached is a letter from the Highway Department asking for us
to participate in the Prairie street rail crossing of the
Missouri-Pacific tracks. This is the last in a group of
crossings from McKinney Street to Prairie Street. As you can
see, the cost of the project is $4,550.00. This is 5% of the
estimated project cost.
Staff has reviewed this and feels that the City should
partici in the crossing.
R c Sve a
.
;CV t 2 198'L
COMN„SSION STATE. DEPARTMENT OF HIGfIWAYS ENGINEER NAECTOR
ROBERT H. DEDMAN. CHAPRMAN AND PUBLIC TRANSPORTATION MARK G. GOOOE
A. SAM WALDROP P. 0. Box 2023
JOHN R. BUTLER. JR. Denton, Texas 76201
November 18, 1982
Control: 918-46-7 IN REPLY REFER TO
Project: RRP 0005(445) FILE NO.
Missouri Pacific Railroad Company
Crossing at E. Prairie Street in Denton
DOT No. 795 3198
1983 Federal Railroad Signal Program
Denton County
Mr. Chris Hartung
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Hartung:
The above railroad grade crossing is included in the 1983 Federal Railroad
Signal Program for the installation of flashing light signals.
Attached are two Certification Statements to be executed by the City of
Denton to indicate the City is prepared to contribute the amount shown
thereon, approximately 5% of the project cost. If you desire the State
to proceed with this project, please return one executed copy as soon as
possible, not accompanied by a check, as this will be requested later.
Your cooperation in the development of this project will be appreciated.
Yours very truly,
rr-
Dwight S. Bird
Supv, resident Engineer
DSB:lkw
Attachments: (2)
w
CITY OF DENTON
MEMORANDUM
DATE OF MEETING: December 21, 1982
CITY COUNCIL AGENDA ITEM USE EXACT WORDING AS ITEM IS TO BE
PLACED ON AGENDA)
Consider approval of an agreement with the MKT Railroad and the
State Highway Department to install crossing gates at the MKT
tracks and Prairie Street.
SUMMARY:
The City has asked for funding for the railroad crossing at the
Prairie Street and the MKT tracks for several years. The
Highway Department has finally made funds available for the the
1983 funding year. We have received a request from the Highway
Department to participate in the amount of $4,550.00 or 5% of
the project,
FISCAL SUMMARY:
The cost would be $4,550.00. Currently, there are funds in the
CIP fund to cover this amount of work.
ACTION REQUIRED:
Council should approve the request and authorize the City
Manager to sign certification statements.
ALTERNATIVES:
Leave the crossing as is.
STAFF RECOMMENDATION:
Staff recommends approval.
EXHIBITS:
I. Memo to G. Chris Hartung
II. Letter from Highway Department
c ve a
CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: December 14, 1982
SUBJECT: Railroad crossing at Prairie and McKinney Street
Attached is a letter from the highway Department asking for us
to participate in the Prairie street rail crossing of the
Missouri-Pacific tracks. This is the last in a group of
crossings from McKinney Street to Prairie Street. As you can
see, the cost of the project is $4,550.00. This is 58 of the
estimated project cost.
Staff has reviewed this and feels that the City should
partici in the crossing.
R c Sv a
.~Y 2 2 1~
ENGINEER omtcrOR
COMMISSION STATE DEPARTMENT OF HIGHWAYS MARK O GOOOE
. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION
P. 0. Box 2023
ROBERT N
A. SAMWAIOROP Denton, Texas 76201
JOHtI R. BUTLER. JR. h'ovembe! 18, 1982
W REPLY REFER TO
Control: 918-46-7 PLI NO.
Project: RRP OOOS(445)
Missouri Pacific Railroad Company
Crossing At E. Prairie Street in Denton
DOT No. 795 3198
1983 Federal Railroad Signal Program
Denton County
Mr. Chris Hartung
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Hartung:
The above railroad grade crossing is included in the 1983 Federal Railroad
Signal Program for the installation of flashing light signals.
Attached are two Certification statements to be executed by the City of
Denton to indicate the City is prepared to contribute the amount shown
thereon, approximately 5% of the project cost. if you desire the State
to proceed with this project, please return one executed copy as soon as
possible, not accompanied by a check, as this will be requested later.
Your cooperation in the development of this project will be appreciated.
Yours very truly,
~C't'`~ 1'~~'•y- ri
Dwight S. Bird
Supv. Resident Engineer
DSB:Ikw
Attachments: (2)
C1TYof DENTON, TEXAS MUNICIPAL BUILDING GEN70N, TEXAS 16201 ; TELEPHONE 1817! S66•8200
r~otatxlrrt
T0: Mayor and mart rs of the city council
FROM: Bill Angelo, Senior Administrative Assistant
DATE: December 14, 1982
SUaTECT : Hexagon Lease Agree.-nent
I have attached for your review a copy of the proposed lease agreement with Hexagon
Buildings, Inc. This lease agreement in the culmination o:: approximately six
months of negotiations between Hexagon and representatives of ATC, the City Attorney's
Office and the City Staff. Major provisions of this lease agreement include the
following items:
Term of Lease: 32 years from the date of execution
Amount of Leased Property: 119,328 square feet
Rental Price: $0.07 per square feet
+ Annual Revenues: $8,352.96 per year for first five years
Escalation Clause: Reviewed every 5 years: adjusted to
Consurer Price Index
Use of Property: Co dcrdniun Airi^raft Hangars
Required Inprovements: 2 Aircraft Hangar Buildings of 6 units
each and related ramp and taxiway
This lease agreement, which provides for a lease hold eondonini project, represents
a relatively new concept in regard to ,-aaircraft hangars. Hexagon se projects Inoue
has established two such projects on Texas Airports. Both of been relatively successful for Hexagon and the airports on which they are located.
During our negotiations Hexagon: requested that the City of Denton construct an
entrance road into the proposed facility. This road would be 1,200 feet in length
and cost approximately $25,000 to construct. This road would not only benefit
Hexagon but would allow the City to provide needed access to the southeast area of
the Airport. As designed, this road would also provide direct access to the area
which we plan to eventually construct a city owned craft parking apron. Ftinnds
for the construction of this road are available in the Airport Inproverent Find.
The estimated pay back period un the road is approximately 3 years.
Hexagon Lease Agreement
Decker 14, 1982
Page 2
The Airport Advisory Board considered this item at its regralar meeting of
Decen ber 9, 1982. The Board unanimussly voted to recommend the approval of this
lease agreement to the City Council.
Respectfully submitted,
Bill Angelo
Attachments: Proposed Lease Agreement
Airport Board Minutes
BA/yg
Mal
T8E STATE OF TEXAS S
AIRPOP.T LEASE AGREEMENT
COUNTY OF DENTON S
This lease agreement is made and executed in duplicate this
day of , 1962, at Denton, Texas, by and
betveen the City of Denton, Texas, a Municipal Corporation,
hereinafter referred to as LESSOR, and Hexagon Buildings, Inc.,
a Texas Corporation, and its successors and assigns, hereinafter
referred to as LESSEE.
WHEREAS# the LESSOR is the owner of the Denton Misnicipal
Airport existing within the corporate limits of the City of
Denton, Taxast and
WHEREAS, the LESSOR is willing to, and by these presents
dote hereby, enter into a Lease Agreement with LESSEE allowing
and permitting LESSEE to conduct an airport hangar condominium
business at Denton Municipal Airport under the terms and
conditions set forth herein,
. 1.
DESCRIPTION Al:D USE OF PRE rstst
RES A ATiON OF A SriENTt TEfUl OF LEASE
1.01. Description: and Use of Premises. LESSOR hereby
losses to LESSEE and LESSEE hereby leases from LESSOR, that
certain property, hereinafter called the leased premises,
situated upon the Denton Municipal Airport in the corporate
limits of the City of Denton, County of Denton, State of Texas,
and described in Exhibit 'A" attached hereto and incorporated
herein for use by LESSEE as aircraft hangar condominiums to be
constructed and conveyed by LESSEE, and for no other purpose,
under the terms and conditions set out herein.
1.02. Reservation of Easement. LESSOR hereby reserves unto
itself, from the real property leased herein, an easement, fifty
(301) feet in width, connecting to the existing north/south
taxiway located at the western boundary of the leased Premises
and said easement extending west to east across the leased
premises, and described in Exhibit "A' attached hereto and
AIRPORT LEASE AGAEVEN //HEXAGON SL=DINGS, INC.-PACE NI
incorporated heroin by reference. LESSEE may use such easement
for ingress and egress but agrees to keep the easement free of
any and all obstructions. In the event the LESSOR should
determine that it requires such easement for access to the
north/south taxiways, the LESSOR will then waintain said
easement, The property described' in the easement shall be
included in determining the amount of rental to be paid by
LESSEE under the terms and conditions of this lease.
1.03. Term of Lease. The primary term of this Lease
Agreement shell be for a period of thirty-two (321 years,
commencing on the date of execution hereof and ending on the day
immediately preceding the date hereof in the same month of the
year 2014, unless socner terminated as bsrein provided. Upon
the termination of this lease, all buildings and improvements
constructed or placed upon the leased premises by LESSEE or its
•assijnns.~hall become the property of LESSOR.
11.
RENTAL
2.01. Annual_ Rent. LESSEE agrees to pay LESSOR, at the
Municipal Building of the City of Denton, Texas, a base cash
rental .f seven cents ($0.07) per square foot for one hundred
nineteen thousand three hundred twenty-eight (119,328) square
feet -)f real property leased hereunder, or the sum of Eight
Thousard Three hundred Fifty-two Dollars and Ninety-six cents
($8,352.)5) for the first year of rental hereunder, due and
paytbl~ in equal monthly installments in the amount of six
Nund 31,nety-six Dollars and Eight Cents 01 96.08) on or
before the 1st day of the month following the execution hereof,
and on the same date each and every succeeding month
thereafter. After the first five years of this Agreement, and
at each s:bsequent five year interval, such base rental shall be
adjusted, either upwards or downwards, on the basic of the
paccentage that the then current Consumer Price Index,
Dallas/Fort Worth, Texas Standard Metropolitan Statistical Acpa,
AIR?O.AT LSASS A.GREE~lEVT/A8XAG0!t BdUOM',S, IMC.-PAGE' T'?0
f
complied by the U. S. Department of Labot, Bureau 6f Labor
Statistics burs to the June, 1982 Index which was 303.8 (using
the year 1967 as the base of 100), to which adjustment both
LESSOR and LESSEE now agree. In the event that such Consumer
Price Index (or a successor or substitute index) is not
available, or if a substantial change is made in the method of
establishing such index, then a reliable governmental or other
nonpartisan publication, evaluating the Information theretofore
used In determining the Consumer Price Index, shall be used In
lieu of such Consumer Price Index.
2.02. Covenant of Quiet Enjoyment. LESSOR hereby covenants
with LESSEE of the rents as set out above and upon observance
and performance of the covenants by LESSEE hereinafter
contained, LESSEE shall peaceably hold and enjoy said premises
for the term hereby demised without hinderance or interruption
by LESSOR or any other person or persons lawfully claiming by,
through or under them except as herein expressly provided.
III.
CREATION OF LEASEMOLO CONDOMINIUMS
3.01. Recordin Declaration. Anything contained in this
Lease to the contrary notwithstanding, LESSEE shalt have the
right to create a leasehold condominium project for each
1 building which is to be constructed by LESSEE on the leased
premises, and upon the completion of each such building, LESSOR
hereby authorizes LESSEE to record with the County Clerk of
Denton County, Texas, a Master Condominium Declaration and Deed
and Bylaws of the Owners' Association which shall create and
govern such condominium regime(sl, all in accordance with
Article 1301(a) of the Texas Revised Civil Statutes, coc~monly
knoi.•n as the Texas Condominil.'m Act, and hereafter referred to as
the "Act".
3.02. Lessor's Cooperation. LESSOR upon request of LESSEE
agrees to execute any and all documents required by the Act to
be si3ned by the Omer of real property being suijacted to
AIRPORT LEASE Afiag'4E4T/MEXAGON B!JtLD1NG3, INC.-PAGE TMRE'c
leasehold condominium regime which may include, but shall not be
limited to, amendments to this Lease Agreement required by the
Acti provided however, should any amendment to this Lease
Agreement be required which would diminish the consideration to
LESSOR or materially alter LESSOR'S rights or interest undef the
Lease Agreement, then LESSOR will not be required to make such
amendment. LESSOR acknowledges its understanding and awareness
that the primary reason for the execution of this Lease
Agreement by LESSEE and its acquisition of an interest in the
leased land is to enable LESSEE to create thereon a leasehold
condominium project consisting of two (2) . aircraft hangar
buildings, each containing six (6) units, each unit of which is
to be conveyed by LESSEE to third patties, and, in connection
therewith, that LESSEE will rely on the performance by LESSOR of
its agreements as set forth in this '.rtLcle IM
3.03. Assignment of Lease. When the leased land, or any
part thereof, becomes subject to a recorded condominium
dec1393tl0n, LESSOR agrees that LESSEE may assign this Lease
Agreement to the Owners' Association governing such condominium
project, hereby releasing LESSEE from its obligations in regard
to that portion of the real property so assigned hersinunder,
which obligations will be assumed by said C.ner's Association,
After such assignment, the Owners' Association may from time to
time thereafter without the comment of LESSOR make subleases of
a fractional undivided interest in the leased land or any part
thereof (said subleases herein referre-i to as "condom ilium
leases" and persons purchasing condominiums in LESSEE'S
leasehold condominium project as "Condominium . LESSEES")
providing that each such condominium lease requires the
Condominium LESSEE to perform all of the obligations of this
Lease to the extent of his or her proportional ownership
interest in the common element of such condominium project, any
such ccndominium lease may from time to time hereafter b9
transferred and assigned, incl,iding transfers and assignments to
61APOAT LEASE AGRBEXENTMEXAGON BVILDI`lQS, IYC. -PAGEFOUR
a mortgagee, and any such mortgagee who holds an interest in a
condominium unit shall have the rights and protection as
provided for in the Condominium Deolacation and Master Deed.
3.01. Condominium Leases. Each condominium lease shall
require the unit owner and Condominium LESSEE to (t) pay each
month to the Owner's Association that proportion of the total
anneal cent due hereunder and all other assessments for repairs,
maintenance, insurance and taxes as his or her undivided
interest in the common area of the condominium project bears to
the total interest in such common area, (9) to perform all of
the obligations imposed by this Lease upon such Condominium
LESSEE with respect to his or her condominium unit, and (3) to
perform the obligations of this Lease in common with other
Condominium LESSEES with respect to the common area.
3.03. Default by One Lessee not to Effect Other Unit Owners.
The default of any condominium LESSEE under the covenants,
conditions and provisions of his or her Condominium Lease or of
this Lease Agreement and the obligations which he or she has .
assumed hereunder shall in no way prejudice or encumber the
remaining Condominium Leases or the owners thereof. In the
i
event of default by any Condominium LESSEE which constitutes a
default in this Lease Agreement, LESSOR shall give the Owners'
Association written notice that such default must be cured
within thirty (30) days from receipt of such notice, The
Owners' Association shall take all steps it deems necessary or
convenient to cure such default, including terminating the
Condominium Lease with any such defaulting Condominuum LESSEE.
Upon the failure of the Owners' Association to cure such
default, by termination of such defaulting Condominium LF,SSEE'S
Lease or otherwise, within thirty (30) days after receipt of
notice of such default, LESSOR may terminate this isase
Agreement [n accordance with the terms hereef and may take
possession of the condominium unit owned by any such defaulting
Condominium LESSEE, subject to the terms and provisions of the
AIRPORT LEASE AORE M NT/NEXACON SOILDI403, INC.-PACE FIVE
Declaration and Master Deed and Bylaws, and may sill, lease or
rent such unit as any other unit owner. If this Lease Agreement
is tarminated prior to its expiration date, any Condominium
Lease not then in default shall survive and continue in force
upon and after such termination prior w its expiration date
(except for termination by reason of condemnation), provided
thate
(a) The term of any such Condominium Lease shall not
extend beyond a term of thirty (30) years and in no
event shall extend beyond the term of this Lease
Aqreement.
At the time of entering into such Condominium
Lease, LESSEE shall provide LESSOR copies of all
documentation concerning such conveyance. It is
understood and agreed by LESSEE and its assigns
that the condominium unit leased hereunder shall
become the property of LESSOR upon the expiration
of the term of the Condominium Lease.
(b) In continuing under his or her Condominium Lease,
each condominium LESSEE shall in any event be
obligated to and shall pay his or her proportionate
share of the rental and other charges (taxes,
assessments, repairs, insurance premiums, etc.)
required to be paid by the LESSEE hereunder and
also his or her proportionate share of any and all
costs or expenses incurred by or rising out of or
in connection with the maintenance and operation of
the improvements on the leased land, such
condominium LESSEL'S proportionate share to be
equal to his or her fractional interest in the
common area of the leasehold condominium project
multiplied by the total of such rental and all
other charges, costs and expenses.
(c) Each condominium LESSEE shall comply with all of
the covenants, conditions and provisions of this
lease and said Condominium Lease, and in case of a
conflict between the terms of this Lease Agreement
and any Condominium Lease, the terms of this Lease
Agreement shall j7vern.
(d) The bylaws of any association or condominium owners
shall impose upon the Board of Dtrectors of such
association the responsibility of collecting and
paying over the rents and other charges due from
the condominium Lessee to the.LESSOR.
3.06. Default by Owners' Association. The collective
failure of all of the condominium Lessees to perform any
covenants, conditions or provisions to be collectively performed
by thorn through the Association of Condominium O•.rnees under
their condominium leases and this Lease Agreement shall -ot
Constitute a default on the part of any individual Lasses so
AIMAT LEAST AGREE`ENT/NEXAGO4 BUILDINGS, INC.-PAGE SIX
long as he or she shall comply with such covenant, condition and
provision to the extent individually possible and has paid his
or her proportionate share of all rent and other expenses to
LESSOR in accordance with his or her interest in the cammon area
of the condominium project within thirty (30) days alter notice
by LESSOR of nonpayment or of nonperformance by said
Association. Upon the failure of any unit owner to cute, to the
extent possible, such collective default, then LESSOR may
terminate this Lease Agreement and take possession of the
condominium unit of each such defaulting unit owner as provided
in Paragraph 3.05 above.
3.07. Waiver of Landlord's Lien. LESSOR hereby waives all
present and future rights to levy, distri,in or seize for rent or
other obligations of LESSEE or any Condominium Lessee any
aircraft, equipment or property stored within any unit.
Additionally, each Condominium Lessee shall have the right to
remove any equipment or property installed in the condominium
unit which may be deemed a fixture if same can be removed
without damage to the structure. It is expressly understood and
agreed that the condominium LESSEE'S ownership interest in the
aircraft or other property within the condominium unit shall
always be superior to any of LESSOR'S landlord lien rights.
LESSOR expressly agrees that the condominium LESSEE may at any
time remove the aircraft and all or any part of the equipment,
property or goods placed or stored within his or her unit and
LESSOR shall not interfere with such removal or make any claim
to said aircraft, property, goods or equipment.
IMPROVEMENTS TO 9E BUILT BY LESSEE
No improvements shall be constructed upon the leased
premises except as follows+
(a) No structures or other irprovement, the plans,
specifications and proposed locations of which have
not first received the written approval of LESSOR, or
which do not comply with such approved plans, speci-
fications or location, shall :e constructed or
maintained upon the leased premises. 90 material
AIRPORT LEASE AORELMENT/HEXAGON a'llILDIYGSr INC.-PACE SEVEN
addition to, or alteration of, the exterior to any
building or structure erected on the leased premises
shall be commenced unless and until plans and
: eeifications covering the exterior of the proposed
addition or alteration shall have beef ficat
submitted to and approved by LESSOR.
(b) LESSEE shall, +t .;s own expense, prepare plans and
specifications for-the improv:9ents to be constructed
on the premises and shall subwI t the same to LESSOR
within thirty (30) days followlog the effective date
of this Lease Agreement.
(c) LESSOR agrees to promptly review and approve the
plant or note in writing any required changes or
corrections which must be made to the plans. The
revised plans shall be resubmitted to LESSOR within
thirty/ (30) days after the corrections or changes
have been noted. failure of LESSOR to object to such
resubmitted plans and specifications within thirty
(30) days shall constitute LESSOR'S approval of the
changes. Minor changes in work or matert also not
affecting the general character of the building
project, may be made in the plans and specifications
at any time without the approval of LESSOR.
(d) The approval by LESSOR of any plans and specifica-
tions refers only to the conformity of such plans and
specifications to the general architectural plans for
the leased premises and compliance with all
applicable codes and ordinances, and such approval
shall not be withheld unreasonably.
Such plare and specifications are not approved by
LESSOR for architectural or engineering design, and
by approving such plans and specifications LESSOR
assumes no liability or responsibility therefor or
for any defect in any structure constructed from such
plans or specifications.
(e) LESSEE shall complete construction of the first six
(6) unit hangar building contemplated hereunder
within one (1) year from the date of execution of
this Agreement. LESSEE agrees to complete the
construction of the second building within eighteen
(18) months of the date of execution of this Lease
Agreement. LESSEE agrees that failure to complete
construction within such stated time limits shall
constitute a Waiver of Rights under this Lease
Agreement and, at LESSOR'S option, this Lease Agree-
ment shall become null and void and all buildings
constructed at partially constructed upon the leased
premises shall become the property of the LESSOR,
subject to the survival of condominium leases not in
default in accordance -41th Section 3,05 above.
(f) In the event that LESSEE shall be unable to obtain a
sufficient amount of any material of the type shown
on the plans, it shall have the right to substitute
other material or methods of construction, which
shall, as nearly as possible, be equivalent to those
js eeifled on the plans, provided LESSOR shall consent
t ereto. The consent of LESSOR shall not be
arbitrarily or unreasonably olthheid.
(g) LESSEE shall not be respowble for failure to erect
the building within the time herein specified,
provided such failure is occasioned by strikes,
AIRPORT LEASE AGR1LXENT/HEXA4ON BUILDINGS, INC.-PACE EIGHT
lockouts, government tegulations and restrictions on
building, the shortage of materials or other cause
beyond the control of LESSM and not occasioned by
any default or negligence on its part.
(h) In the event that LESSEE shall be unable to
substantially complete the building within the time
allowed herein, and the failure to complete is not
excused by any subparagraph above, the time to
complete the improvements shall be extended b
thirty (30) days. If the improvements are no
completed within ouch extension period, this Lease
Agreement shall terminate and all rights of either
party against the other shall be at an end. In such
event, any improvements placed on the leased
premises shall become the propert¢ of LESSOR.
lt} In the event :hat the parties shall be unable to
agree on the propriety of any alternate of
substituted materials or methods of construction or
on any change in or deviation from the plans of the
building within ten (10) days after such issue shall
arise, each party shall, within thirty (30) days,
appoint a duly registered architect to reptesent him
as arbitrator in determining the question or
questions in dispute. If the two arbitrators a;i
unable to agree on a proper determination of the
issues, they shall d4stgnats a registered architect,
licensed professional engineer, or a building
contractor of not less than five (5) Yeats
experience to serve as an umpire and the
determination of any two of the three persons as
designated upon any issue in dispute with respect to
the said building shall be binding on each of the
parties hereto. Each of the parties shall pay the
fees and charges of the arbitrator selected by him,
the fees of the umpire or third arbitrator to be
paid by each of the parties in equal shares.
(j) All costs and expenses incident to the construction
of the said improvements shall be borne by LESSEE.
No construction, alteration or improvement shall be
permitted hereunder which would tend to have a
negative impact on the LESSOR'S operation of the
Denton Municipal Airport.
ve
UTILITIES
5.01. LESSEE'S Exeense. LESSEE shall pay or cause to be
paid all charges for water, heat, gas, electricity, sewer, and
any and all other utilities used on the leased premises
throughout the term of this Lease Agreement, including any
connection fees.
5.02. Brant of Easement for utilities. LESSEE shall have,
and is hereby granted a license to place and maintain utility
lines across airport property to the various utility services
necessary to provide adequate utility services to the leased
AIRPORT LEASE AOREEMENT/HEXAGON BuILDI',103, 14C,-PAGE VINE
I
premises, including water, electricity, telephone and gas.
LESSEE shall obtain the approval of LESSOR for the location of
utility lines across airport property to and LESSEE shall repair
all areas disturbed by the installation of said lines. It is,
however, .agreed that once the utility lines are installed,
LESSOR shall not thereafter require LESSEE to relocate Such
lines and LESSOR shall relocate such lines or interrupt the use
thereof only if LESSOR relocates such lines at Its expense and
additionally furnishes LESSEE uninterrupted service of equal
quality to that previous enjoyed by LESSEE.
5.07. Installation of Water Line. Prior to the ccmpletion
of construction of the first hangar building, LESSEE nereby
agrees to purchase and install, at its own expense, a water
line, eight (80) inches in diameter, in conformity with
existing, applicable City ordinances, to serve the leased
premises by connecting the same to the City water main nearest
the premises. LESSEE shall be reimbursed for such expense on a
pro-rata basis in the event other parties tap on to LESSEE'S
water line.
S.04. Sanitary Sewer Facilities. LESSEE agrees that its
septic tank system will, at all times, meet the requirements of
the City/County Health Department and all applicable codes and
ordinances. LESSEE shall furnish LESSOR a satisfactory
Inspection report from the Health Department annually. in the
event it is necessary for LESSEE to lease additional property
for the purpose of extending lateral lines from it septic
system, LESSOR agrees to lease such additional property at the ,
rental per square foot then in effect pursuant to Section 2.11
hereof.
V1.
TAXES
LESSEE shall pay and discharge all taxes, ad valorem taxes,
general and special assessments, and other charges of every
description which during the term of this Lease say he levied
AIRPORT LEASE AGREEMENT/HEXACON BUILDINGS, I`1C.-PAGE TEN
upon or assessed against the leased premises and all
improvements and other property thereon, whether belonging to
LESSOR or to LESSEE, or for which either of them may become
liable. LESSEE shall pay all such taxes, charges, and
assessments not lest than fifteen (15) days before the same
shall become delinquent, and LESSEE agrees to Indemnify and hold
harmless LESSOR from all such taxes, charges and assessments.
LESSEE shall have the right In good faith at his own sole cost
and expense to contest any such taxes, charges, and assessments,
and shall be obligated to pay the contested amount only If and
when finally determined to be due.
VII.
MAINTENANCE AND REPAIRS
7.01. Lessee's Expense. LESSEE agrees to iaintain at its
own costs and expense all buildings and improvements which may
be erected upon the leased premises in a good state of
appearance and repair during the term of this Lease Agreement,
reasonable wear and tear excepted.
7.02. Lessor to maintain Runways. LESSOR agrees that
following the completion of the improvements by LESSEE, LESSOR
will maintain in good repair at its own expense all runways and
taxiways adjacent to the leased premises.
VIII.
INSURANCE
8.01. Raiard Insurance. During the period of construction
of any buildtnq or other improvements on the leased premises and
at all times thereafter during the lease term, LESSEE shall %eep
the improvements insured against loss or damage by fire, with
extended coverage endorsement or its equivalent, in an amount
not less than one hundred pe►:cent (1001) of the fair insurable
value of the hulldings and other improvements with reputable
companies licensed to do business in the State of Texas. r.e
Owners' Association shall furnish a copy of the Lnsurance policy
or Certificate of insurance to the LESSOR span the sale of each
AIRPORT-LEASE AOREE.4ENT/HF,XACON BUILDINGS, INC.-PACE ELEVEN
unit and shall furnish proof.of renewal annually thereafter.
8.02. Public Liability Insurance. LESSEE shal' maintain
general public liability insurance, naming LESSOR as an
additional insured, in an amount not less thin One Hundred
Thousand Dollars (5100,000.00) fo- injuries to or death of any
one person, and not less than Three Hundred Thousand Dollars
($300,000.00) for injuries to or deaths of more than one person
resulting from any one accident, and not less than One Hundred
Thousand Dollars ($100000040) for property damage for each
accident.
9.03. cancellation Notice. All policies of insurance
required by this Article shall provide that no cancellation or
material change in the policy shall become effective except upon
fifteen (1S) days written notice to LESSOR.
Ix.
INDEMNITY
LESSOR, its agents, servants, and employees, shall not be
liable for any loss, damage or injury of any kind or character
to any person or property arising from any use of the leased
premises, or any part thereof, or caused by any defect in any
building, structure or other improvement thereof or in any
equipment or other facility therein, or caused by or arising
from any act or omission of LESSEE, of of any of its agents,
employees, licensees, invitees or assigns. LESSEE agrees to
hold LESSOR, its agents, servants and employees entirely free
and harmless from all liability of any such loss, damage or
injury to persons or property and from all costs and expenses
arising therefrom, including costs of litigation and attorney's
fit$.
X,
COW)UNATION
10.01. Lessor's Right to Condemn. Nothing herein contained
shall to construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the
AIRPORT LEASE AGREEMENT/HEXAGON 3UILDINOS1 INC.-PACE VELYE
event of condemnation of all or any portion of the leased
premises, the leasehold interest of LESSEE shall be deemed to
include all rights under this Lease Agreement including, but not
limited to, the ownership of the improvements placed on the
leased premises !or the lease term.
10.01. Partial Condemnation. In the event that a portion,
but not all of the .eased premises shall be acquired for public
or quasi-public use, this Lease Agreement shall terminate as to
the part taken and LESSEE may, at Its option, terminate this
Lease Agreement or continue to lease the remainder of the leased
premises for the balance of the term hereof at a reduced rental
based on the proportion of leased premises remaining after said
taking as it bears to the leased premises prior to such condem-
nation. If LESSEE shall deem it impracticable to continue Its
rental of the leased premises after any such taking, this Lease
Agreement shall terminate upon LESSEE'S giving written notice
thereof within forty-fivt (45) days after such condemnation. In
any event, LESSEE shall be entitld to the recovery for the value
of any improvements erected by it on the premises and for the
value of any fixtures installs: by it therein.
Xr.
INSOLVENOY
If LESSEE be adjudicated a bankrupt or make an assignment
for benefit of its creditors or institute or be subjected to any
insolvency or reorganization proceeding, or if a receiver or
assignee for creditors be appointed of its property or a levy be
made thereon under execution of judgment and such bankruptcy or
other proceeding, recelvership, or assignment or levy shall not
be discontinued or vacated within thirty (30) days, then LESSCR
shall be privileged, but not obligated, t^, canerl and terminate
this Lease Agreement by giving at least ter ;:0) days written
notice to LESSEE, whereupon this Lease Agreement and all rights
of LESSEE hereunder shall cease, terminate and come to an end on
the date fixed in said notice is if ouch was the date originally
AIRPORT LEASE AGREVENT/HMION BUILCiyG_ 9p NC..-?AG-s MIRSEN
fixed for the expiration of this Lease Agreement. This
provision shall be construed in accordance with the applicable
law in effect at the time of such breach or default.
M.
DEFAULT
Should LESSEE or its assigns default in the performance of
any covenant, condition or agreement in this Lease Agreement,
and such default is not corrected within thirty (30) days after
receipt of written notice from LESSOR to LESSEE, LESSOR may
declare this Lease Agreement and all rights and interest created
by it terminated by written notice of termination to LESSEE, if
LESSEE begins good faith efforts to correct such default (other
than the nonpayment of rent) within said thirty (30) days, such
default shall not be grounds for terminating this Lease Agree-
ment, provided, howaver, if LESSEE has not c-irad such default
within a reasonable time thereafter, LESSOR may terminate the
Lease Agreement, Upon LESSOR electing to terminate, this Lease
Agreement shall cease and come to an end as if chat were the day
originally fined herein for the expiration of the term hereof.
LESSOR, its agent or attorney, may take possession of the
premises and the improvements located thereon and LESSEE shall
be released from all liability or obligations hereunder. Any
termination of this Lease Agreement as herein provided shall not
relieve LESSEE from the payment of any sum or su,is that shall
then be due and payable co LESSOR hereunder, or any %laim or
damages then or theretofore accruing against LESSEE hereunder,
and any such termination shall not prevent LESSOR from enforcing
the payment of any such sum or sums or pursuing any remedy
provided for by law or from recoveri.m :amages from LESSEE for
any default thereunder.
VIII.
,10TICE$
All notices, demands or requests from one party to another
may be personally delivered or sent by mail, certified or
AIRPOh4 TEASE AGgEEPiE,-- HEXAGON BUI_LDING9, INC.-PAGE_FOU_R.TEEEN
,--LHEXAGON BVILDING9, N
i
~ r
registered, postage prepaid, to the addresses stated in this
paragraph, unless changed by written notice to the other party,
and shall be deemed to have been given at the time of personal
delivery or at the time of the mailing as followsi
LESSORS LESSEES
Airport Manager Hexagon Buildings, Inc.
City of Denton c/o Weeks, Chapman s Buford
21S East McKinney Street 807 Rio Grande
Denton, Texas 76201 Austin, Texas 78701
XIV.
LESSEE TO COMPLY NITS LAWS, RULES, AND REGULATIONS
LESSEE agrees to comply with all municipal, state, federal
laws, rules, toning regulations, and requirements applicable to
said premises, and in particular with those for the use of
airport premises. LESSEE shall. not, however, be obligated to
make structural changes or alterations or to install sprinkl•:r
or other systems for the detection or extinquishment of fire.
LESSEE further agrees that it will not permit the leased
premises to be occupied for any purpose deemed disreputable or
deemed to be extra hazardous on account of fire.
A1.
RESERVATIONS BY LESSOR
15.01. No Exclusive Grant. It is understood and agreed
that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right or license except
as to the exclusive use of the leased premises.
15.02. Future Development. LESSOR reserves the right to
further develop or Improve the landing area of the airport.
15.03. Publicly Owned Facilities. LESSOR raservas the
right to take any action I. considers necessary to protect the
aerial approaches of the airport against obstruction, together
with the right to prevent LESSEE from erecting, or permitting to
be erected, any building or other structure on or adjacent to
the airport which, in the sole opinion of th! LESSOR, would
11mit the usefulness of the airport or conatltute a harard to
aircraft.
AIMAT LEASE AGREEMENT%FSEXACON BU:LDINGS, INC.-PAGE FIFTEEN
XVI,
NATIONAL E.+tERGENCY
During the time of war or national emergency, LESSOR shall
have the right to lease the landing area within the leased
premises or any part thereof to the United States Government for
military use and, if such lease is executed, the provisions of
this instrument insofar as they are inconsistent with the
provisions of the lease to the Government shall be suspended and
the rentals reduced proportionately.
XVII.
LESSEE'S RIGHTS SUBORDINATE TO AGREEMENTS
WITH THE U.S. GOVERNMENT
This lease shall be subordinate to the provisions of any
existing or future agreement between LESSOR and the United
States, relative to the operation or maintenance of the airport,
the execution of which has been or may be required as a
condition precedent to the expenditure of Fedecal funds for the
development of the airport. LESSOR, within a resonable time
gill give LESSEE notice of any c%anges in governmental rules and
regulations affecting this Lease Agreement.
XVIII.
PUBLIC USE OF PRE,+IISES
18.01. Public Use, LESSEE agrees to operate the premises
leased for the use an benefit of the public as follower
(a) To furnish good, prompt, and efficient service
adequate to meet all the demands for its service at
the airport,
(b) To furnish said service 3n a fair, equal, and non-
discriminatory basis to all users thereof, and
(c) To charge fair, cessonable, and non-discriminatory
prices !or each unit of sale or service, provided
that the LESSEE may be allowed to make reasonable
and non-discriminatory discounts, rebates, or other
similar types of price reductions to volume
purchasers.
18.01. von-discriminatorzuse. LESSEE, his agents, tsnanss
and successors w011 not discriminate against sny person or class
of persons by reason of race, color, creed or national Orl4in in
providing any services or in the ice of any of its facilities
AIRPORT LEASE AGREUVENTiHE%AGON BUILDINGS, 14C.-PAGE SI:<TBEN
provided for the public, in any manner prohibited by Part 21 of
the Federal Aviation Regulations.
18.03. It is understood by LESSEE that no right or
privilege has been granted which would operate to prevent any
person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own
regular employees (including, but not limited to, maintenance
and repair) that it may lawfully perform.
18.04. Aviation Use. Subject to the provisions and
limitations set forth below LESSEE shall have the right to use
the leased premises for lawful purposes of private use only
which are related to aviation or the aviation industry and not
incompatible with other normal private uses of airport propertyl
provided, however, LESSEE and Its agents shall be prohibited
from fueling aircraft and performing other than routine light
maintenance upon aircraft on the premises. The use restrictions
contained in Article VII of Exhibit A, attached hereto, and
incorporated herein shall apply at all times. LESSEE recognizes
that this area is authorized for the development of
non-commercial use private hangars only. In this regard, it is
understood and agreed that th-, primary purpose for which the
leased premises have been leased is for the development and
construction of airport hangars for the storage of airplanes and
:elated aronautical equipment and ether items of personal
property owned by the individual condominium unit owners.
XVIX.
LESSOR'S COVENANTS
19.01. Authority o:' Lessor. LESSOR represents and warrants
that LESSOR has fell right and lawful authority to enter into
and perform the LESSCR'S obligations under this Lease Agreement
for the foil term as stated above and has title to the demised
premises as shown by the indenture beteen the United States
Government and the City of Denton, which has been made a part
:hereof by reference. LESSOR further covenants that upon
AIRPORT LEAS E_ A13REEMENT/SEXAG0:1 BUILDINGS, INC. -PAGES EVENTEEN
LESSEE'S performan:e of the obligations herein set forth to be
performed by LESSEE, LESSEE shall have and enjoy during the term
hereof quiet and undiuturbed possession of the demised premises
and all appurtenances pertaining thereto, together with the
right to use the runways and taxiways of the airport facility as
contemplated herein, provided, however, that this Lease
Agreement is subject to the prior review and concurrence of the
Federal Aviation Administration, and the right of the United
States of America to have exclusive or non-exclusive use,
control and possession without charge, of the airport or any
portion thereof, during periods of National Em,f.rgencys and
further, subject to the right of the Federal Aviation
Administration and United States Government under such Agreement
including the right to take a portion of the airport premises
for air traffic control activities, weathei reporting activities
or communication activities related to air traffic control, all
as provided in said indenture.
19.02. Airport Use. During the teem of this Lease
Agreement, LESSOR agrees that LESSEE and the condominium LESSEE
shall have unrestricted access to the runways and taxiways'7ow
in existence or which may hereinafter be constructed upon Denton
Municipal Airport to the same extent that any other parties may
have use thereof, subject to all rules and regulations. It is
understood and agreed by and between the parties hereto that the
continuing use of Denton Municipal Airport as an airport for
general aviation is essential to the operation of LESSEE and
that the failure by LESSOR to continue the use of Denton
Municipal Airport as a public airport snail constitute a default
in this Lease Agreement for which LESSEE, at its option, may
terminaate this Lease Agreement and remove any and all buildings
and improvements erected by LESSEE thereon. Upon such
termination, LESSEE an LESSOR shall be released from ail
obligations hereunder.
19.03. Maintenance of Aunwavs. Maintenance of r,snaays,
taxiways and other areas of the Denton Municipal Airport, except
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE EIGHTEEN
for the leased premises, shall be the obligation of LESSOR.
XX.
MISCELLANEOUS
20.01. Subtitles, The headings and subtitles contained in
this Lease Agreement ace for the purpose of clarification and in
no way are determinative of the intent and purposes of the Lease
Agreement or the conditions stated herein.
20.02. Partial Invalidities. If any part or portion of
this Lease Agreement is found to be illegal or void, it shall
not affect the intent and tenure of the entire Lease Agreement.
The remaining lease provisions shall continue to have full legal
force and effect.
20,03. Executed in Multioles. It is agreed that this Lease
Agreement may be executed in multiple copies, each having the
force and effect of an original.
All covenants set forth in the Lease Agreement shall be
paid, kept and performed at ,
Denton County, Texas.
WITNESS our hands, this the day of , 1192.
CITY OF DENTON, TEXAS HEXAGON BUILDINGS, INC.
LESSOR LESSEE
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'6i
MINUTES
AIRPORT ADVISORY BOARD
December 9, 1982
Regular meeting of the City of Denton Airport Advisory Board on Thursday,
December 9, 1982 at 6:00 p.m. in the Airport Terminal Building.
PRESENT: Arno, Carrell, Garland, Hayward, Keith and Smith
ABSENT: Glick
OTHERS: Decker Ayers of Hexagon Buildings; Bob Hunter and Bill Angelo of the
City Staff; Tommy Jones of ATC.
1. The Board met in Executive Session to discuss Legal and Real Estate matters.
The Board reconvened in Open Session at 6:30 p.m. to annouce that some
official action had been taken. The official action taken was to seek a
motion pertaining to the proposed property lease agreement with Hexagon
Buildings Inc. Legal advisor,. Bob Hunter, presented a revised copy of the
contract and briefed the Board on the major changes of the contract. Motion
was made by Arno, seconded by Garland, to recommend to the City Council that
this contract be approved, Motion carried unanimously.
2. The Board considered the minutes of the Regular meeting of October 14, 1982,
November 11, 1982 and the Special called meeting of October 23, 1982. The
results are as follows:
a. A motion was made by Smith to approve the minutes amended to show
Terry Garland present at the October 14, 1982 meeting. The second
was supplied by Arno to approve the minutes as amended. Motion
carried unanimously.
b. The Board considered the minutes of the Special Called meeting of
October 23, 1982. Motion was made by Keith, seconded by Smith, to
approve the minutes as written. Motion carried unanimously.
C. The Board considered the minutes of the Regular meeting of November 11,
1982. Motion was made by Arno, seconded by Hayw&rd, to approve the
minutes as distributed and written. Motion carried unanimously. It
should be noted that the Board directed the City Staff to generate a
letter to representatives of Pox-51 advising them that fueling operation
will be scheduled and considered by the City Council at the December 141
1982 meeting.
3. The Board considered the Airport Managers Report. Tommy Jones and Bill
Angelo briefed the Board on this item,reporting on the following matters:
a. Bill Angelo briefed the Board on a letter sent to the City of Denton by
the Federal Aviation Administration advising the City that it must
develop a Minority Business Enterprise Program to deal with future
Airport Grant-in-Aid Program projects at the Denton Airport.
MINUMS
DECEMBER 9, 1982
PAGE 2
b. Tommy Jones briefed the Board on the Federal Aviation Administration's
Flight Service Station Modernization Plan to lease space for the
Automated Flight Service Station to be leased by the FAA on an airport,
in the flight plan area of North Texas. The Board received the report
and decided that it will take the plan under advisement and study the
feasibility of such a facility at Denton.
4. The Board considered a contract with Texas Airport Management Service for
Airport Management Service. Bill Angelo briefed the Board on this item,
stating that the contract was based upon those issues discussed and agreed:'
upon at the previous Board Meeting. A major change in the new contract dealt
with the yearly evaluation phase in which it was decided that the City Staff
would do the evaluation of TAMS and then submit their evaluation to the
Airport Board who would review and comment on the Staff's finding. When a
recommendation is reached, the Airport Board will present their findings to
the City Council to either continue or reject the Airport Management contract.
Motion was made by Smith, seconded by Arno, to recommend acceptance of this
-contract to the City Council. Motion carried unanimously.
5. The Board considered old and new business with action taken on the following
matters:
a. The Airport Board meeting will no longer be held, exclusively at the
Airport Terminal Building, but rather will be held at different City
facilities as the need for additional space or other special require-
ments arise. The January meeting will be held at the Municipal
Building, I
b. A current period revenue data sheet was presented to the Board which
was presented to the Board which gave the Board an indication of the
to date revenues generated by the Airport to the City of Denton.
c, the Chairman of the Airport Board has determined, with the approval
of the other members of the Airport Advisory Board, that the Board
should take a more active part in dealing with some of the concerns
about the Denton Airport, It was decided that committees should be
established to aid the management in establishing guidelines to improve
the image, financial conditions and development at the Denton Airport.
Vie committees and members are as follows:
1. Finance Committee - Charged with helping to develop a format for
a monthly financial statement. The members of this committee
are Terry Garland and David Glick.
2. Airport Development Committee - Charged with helping to establish
a formal development plan for the Airport. The members of this
committee are Lee Keith and Frank Hayward._
3, Public Relations Committee - Charged with helping to develop a
plan to show the value of the airport to the City and to improve
the image of the airport in the community and press. The
members of this committee are David Arno and Don Smith.
HYNVTEs
DECEMBER 9, 1982
PACE 3
6. The Board met in Executive Session at 7:55 p.m. to discuss Personnel matters.
The Board reconvened in open Session at 8:30 p.m. with no official action
taken.
With no further business, the Board adjourned at 8:35 p.m.
CITY o! DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (617) 566 8100
rib
TO: Mayor and Members of the City Council
FRCM: Bill Angelo, Senior Administrative Assistant
LATE: Dece.ber 14, 1982
SUBJ7EM- Airport Management Contract
As you know, the airport management contract with Aviation Transportation Consultants
(ATO expires on Decarber 31, 1982. I have included for your consideration copies
of the proposed contract 4fiich provides for the continuation of the airport. management
services provided by ttas conpany.
The major changes in this contract include the following items.
1. Name of Ccapany - change of name to - Texas Airport 9--nsagement Services (TAMS)
2. Term of contract - 1 year
3. Coapensation - Increase in base fee fran $16,500 per year to $24,000 per year.
Decrease in percentage of gross revenues from 30% to 20%.
Although the increase in earpensation is significant we are of the opinion that such
-w increase is justified given the services the City receives. When the contract was
executed three years ago, this approach to airport management was relatively untested
and considered an experiment for both the City and the Management firm. Thus, the
amount of the annual carpensation was kept relatively iow. Over the years this approach
has proven to be successful. In addition, we have been generally satisfied with the
performance of this firm and feel that they are worthy of additional rewards.
'T'here are score concerns regarding TAMS performance in certain areas, but we feel that
these performance deficiencies can be corrected with additional direction. We also
believe that this approach to airport management is more beneficial to the City than
the alternative which would require the City to hire a full time airport manager.
The Airport Advisory Board considered this item at its regular meeting of Dkvrber 9, 1982.
The Board unanimously recarended that the City Council approve the proposed contract.
Respectfully Submitted,
cA
Attachments: Proposed Contract Senior Administrative Assistant
Ccrrparison of TAM Contract
and Employed Airport Manager
Airport Board Minutes
BA/vn
AIRPORT MANAOEMENT CONTRACT
THE STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON $
This agreement is made and entered in'-) this _ day of December,
1992, between the City of Denton, Texas, hereinafter referred to as
Denton, and Texas Airport Management Service, hereinafter referred
to as TAMS. -
WHEREAS, Denton maintains and operates a Municipal Airport; and
WEEEREAS, Denton is in need of the services of a qualified group
to manage and operate such airport and provide assistance and future
planning and expansion of said Municipal Airports and
tMERE S r TAMS' is in the business of planning, developing and
managing Municipal Airport facilities; and
WHEREAS, it is deemed to be of mutual advantage to Denton and to
i
TAMS to enter into this Airport Management Contract under the terms
And_conditions-hecaina.fter_set..focth► Now, therefore, for and in
consideration of the mutual covenants and promises herein contained,
it is mutually agreed as follows$
i.
-Denton - does -hereby - engage•TAMS for the davelopment and manage-
meet of the Municipal Airport for the City of Dentora Texas,• and
TA:4S does hereby accept and agree to perform such services.
It.
DUTIES OF TAMS
TAMS agrees that its duties in developing and managing the
Municipal Airport shall consist of the followings .
1. Provide a full-time manager and continual supervision of
the Municipal Airport including twtnty-four (241 hour
emergency coverage of Municipal Airport operation;
2. Formulate policies and plans governing operational and
maintenance functions at-the Municipal Airport;
3. Supervise emergency services;
4. Supervise the safe, efficient and continuous operational
use of the Municipal Airport's runways, taxiways, ai:ona
and other operakional areas;
5. Supervise comprehensive maintenance services for 311
fa.ilities and equipment operated by the Municipal
Airport;
TAM3/AIRPORT ,MANAGEMENT C0t1TP11CT-PAGE 01E
f •
b.'Estimate the requited funding and personnel requirements
necessary for operation and maintenance of the Municipal
Airport;
7. Formulate the development of operational and maintenanca
standards for tho Municipal Airport;
8. Identify and recommend to Denton of any improvements or
modernization necessary;
9. Assist in negotiation of all leases and the enforcement
of the provisions of such leases. Collect all fees owed
Denton by the Lessees;
10. Promote business expansion at the Municipal Aitpoct,
seek new tenants and develop property;
11. Seek and assist in the coordination of all Federal
Aviation Adtiinist,ation and Texas Aeronautics Commission
Grants;
12. Enforce all ground facilities, policies and procedures;
13. Oversee all air show operations in the best interesti of
'Denton;
14. Represent Denton to all transient persons and act as
host to all petsons using the Municipal Airport;
15. Issue notams as necessary for the protection of Denton:
16.-'Su ppervise and coordinate the removal of aircraft
osbstructing runway so as to keep the Municipal Airport
operational;
17. Advise Denton and the FAA of any malfunctions at the
Municipal Airport which would affec• its safe and
efficient use;
18. Plan, coordinate, and direct any construction activity
or engineering work relating to maintenance or .
construction •wurk at the -Municipal Airport. Enforce
standards of construction and make recommendations
concerning construction by lease holders;
19. Coordinate all City of Denton and Municipal Airport
activities with the FAA and TAC on various asp!cta of
airport management;
20. Assist Denton in the preparation of all grant proposals
relating to the Municipal Airport;
21. Assist all law enforcement agencies on related items.
Coordinate all security and pollee protection at the
Municipal Airport;
22. Develop Municipal Airport plans, programs and facilities
to produce maximum revenue and render optimum service to
tenants, passengers and to the general public;
23. Develop and implement a progressive industrial relations
program, public relations policies, and promote general
interest to the local conlunity;
24. Develop a naster tariff plan which would yield appropri-
ate economic returns from Municipal Airport properties;
25. Develop and administer a comprehensive program of
municipal Airport rights-of-way and rental land and
TAMS/AIRPORT MANAGEMENT CONTRACT-PAGE 'r,ro
provide studies and recommendations concerning
Municipal airport real estate activities!
26. Establish work procedures and conduct negotiations with
agents of utility and other companiesi and
27. Develop a critaria to be used in setting up a fixed
base operation by an outside party so as to best
benefit Denton.
iI.
OOMPE49ATXON
In return for the services performed by TAMS, Denton agrees to
pay to TAMS as compensation for such services the sum of Twenty-Four
Thousand Dollars ($24,007.00) per year, prorated monthly, or twenty
percent (201) of the gross anmjal revenues whichever is greater. In
determining gross revenue all revenue generated by the Municipal
Airport shall be included, with the exclusion of sales tax, ad
valorem property taxes, and any compensation Denton should receive
for mineral rights on Municipal Airport property. Should the
agreement be extended for subsequent years TAMS would receive a
percentage increase of the base fee which would be equal to the
ava~age'cost of living increases given City employees.
III.
TERM-OF THE CONTRACT
This agreement shall continue in force and effect or n period of
one year (1) from January 1, 1983 to December 31, 1993 unless
terminated earlier by either party as hereinafter providedi
A. This agreement may be terminated by either party hereto
for just cause upon sixty days (60) written notice given
to the other.
B. Upon termination of this agreement, TANS shall not remove
any files, maps, books, publications, records, or other
Denton property from the Municipal Airport other than the
ofrTAMS toroany;compansationr whiche accru+.de.prior to rights any
termination under Paragraph It above shall not be
divested by such termination.
IV.
REPORTIKO
TAMS ionsll regularly attend Airport Advisory Board meetinga and
advise the Board on matters of concern to the Airport Advisory Board,
on all matters relevant to the use and operation of the
Municipal Airport, its land and facilities, TANS, through tt3
TAMS/AIRPORT MANA3EXE NT CONTRACT-PACE THPIB
Airport Manager, shall report directly to the City Manager or his
designee.
No less often than annually, the City staff shall prepare a
formal evaluation of the services being provided by TAMS and ma'Re
any recommendations for changes or Improvements in such services.
The evaluation will be submitted to the Airport Advisory Board for
their consideration. Upon approval of the Board the evaluation and
any recommendations will be formally communicated to the City
Council and to TAMS.
V.
DUTIES Of OENTON
To enable TAMS to properly carry out its duties under this
contraot, Denton agrees to provide the following:
1. A suitable office and office equipment for the Municipal
Airport Manager to administer the Municipal Airportr
2. Office-supplies•for-the Airport Manager's officer
7. Storage space for necessary maintenance equipment and
~Aupplits)
City maintenance employees as necessary, with a minimum
of one (1) full time employee, to report directly to the
Airport Manager. Should such employee not be needed for
maintenance operations then the activities of such
employee.-may be. redirected by the City Manager or his
designee,
5. Necessary maintenance equipment and supplies, including
a vehicle for use by the Municipal Airport staff.
6. Necessary auxiliary management services, such as
management reports, finance and accounting assistance,
data processing assistance, and other services deemed
necessary.
7. Reimbursement of travel expenses to the Airport Manager
for trips deemed necessary by the City staff.
VtI.
MISCELLANEOUS
A. TAMS shall have no authority to bind, oiligate, or commit
Denton by any promise or representation, unless specifically
authorized by Denton in writing in a particular transaction.
a. This agreement may not be assigned, sold or otherwise
conveyed by either party. The failure of any party hereto to
enforce at any ttne any of the provtsions or terms of th!,s agreement
shall not be construed to be a waiver of such provision or term, nor
TAMS/AIRPORT IANAGCME';T CONTPACT-PAGE FOUR
r~s
1
of the right of the party thereaf~er to enforce such term or
provision.
c. If any action at law or in equity is brought by either of the
parties hereto, it is expressly agreed that the party in whose favor
final judgment shall be entered shall be entitled to recover from
the other party reasonable attorneys fees in addition to any other
relief which may be awarded.
D. This
agreement shall to interpreted by the laws of the State
of Texas and all obligations hereunder are performable in Denton
County, Texas.
E. All notices provided for under this agreement shall be in
writing and shall be sufficient if sent by certified mail to the
addresses-of the parties hereto as set forth under the signatures on
the last page herein or to such other address as shall be designated
in writing to the other party.
P. Time is of the essence in this agreement.
0. This agreement constitutes the entire agreement between TAMS
and-Denton, and there are no agreements or understandings concerning
such. agreement which are not set forth herein. It any provision of
this agreement is invalid or unenforceable in any jurisdiction, the
other provisions herein shall remain in full force and effect and
shall be liberally construed in order to effectuate the purpose and
intent of this agreement.
WITNESS THE SIGNATURES OF THE PARTIES HEREIN, this the _ day
of December, 1982.
TAIMS CITY OF DENTONt TEXAS
BYs BYe
RICHARD 0. STEWRT, MAYOR
P. d. BOX 61462 49 EAST MCXENNEY STREET
DF-R AIRPORT, TEXAS 15261 DENTON, TEXAS 16201
ATTEST! ATTESTi
STi AR'l VICKt nB TLIING
DEPUTY CITY SECRETARY
CITY OF DENTOV, TEXAS
TAWS/AIRPORT MANAGEMENT CONTRACT-PAGE FIVE
,Y
COMPARISON OF ADVANTAGES AND
DISADVANTAGES OF TAMS CONTRACT
VS. EMPLOYED AIRPORT MANAGER
TTlSS CONTACT EMPLOYED AIRPQRT MANAGER
1. 24 hr. coverage 24 hr. coverage at a maximum
365 days per year of 341 days per year
(ADVANTAGE) (DISADVANTAGE)
2. Expertise of 3 persons Expertise of 1 person
(ADVANTAGE) (DISADVANTAGE)
3, Greater incentive to Moderate amount of Incentive
develop the Airport to develop the Airport
(ADVANTAGE) (DISADVANTAGE)
4. Lower initial costs Higher initial costs
(ADVANTAGE) (DISADVANTAGE)
5. Administrative Paperwork No Administrative Paperwork
problem problem
(DISADVANTAGE) (ADVANTAGE)
6. Share in any profits No profit sharing
(DISADVANTAGE) (ADVANTAGE)
COST COMPARISON OF
TAMS CONTRACT VS. EMPLOYED AIRPORT MANAGER
TAMS CONTRACT EMPLOYED-AIRPORT MANAGER
$24,000 $28,000 Salary*
3,920 Benefits**
$24,000 $31,920
COST DIFFERENCE: $7,920
* Based upon Salary Survey conducted by American Association of
Airport Executives for Airports/Cities of similar size and
activity.
Benefits calculated at 14% of annual salary.
MINUTES
AIRPORT ADVISORY BOARD
December 9, 1982
Regular meeting of the City of Denton Airport Advisory Board on Thursday,
December 9, 1982 at 6:00 p.m. in the Airport Terminal Building.
PRESENT: Arno, Carrell, Garland, Hayward, Keith and Smith
ABSENT: Glick
OTHERS: Decker Ayers of Hexagon Buildings; Bob Hunter and Bill Angelo of the
City Staff; Tommy Jones of ATC.
1. The Board met in Executive Session to discuss Legal and Real Estate matters.
The Board reconvened in Open Session at 6:30 p.m. to annouce that some
official action had been taken. The official action taken was to seek a
motion pertaining to the proposed property lease agreement with Hexagon
.Buildings Inc. Legal advisor,. Bob Hunter, presented a revised copy of the
contract and briefed the Board on the major changes of the contract. Motion
was made by Arno, seconded by Garland, to recommend to the City Council that
this contract be approved. Motion carried unanimously.
2. The Board considered the minutes of the Regular meeting of October 14, ',d2,
November 11, 1982 and the Special called meeting of October 23, 1982. the
results are as follows:
a. A motion was made by Smith to approve the minutes amended to show
Terry Garland present at the October 14, 1982 meeting. The second
was supplied by Arno to approve the minutes as amended. Motion
carried unanimously.
b. The Board considered the minutes of the Special Called meeting of
October 23, 1982. Motion was made by Keith, seconded by Smith, to
approve the minutes as written. Motion carried unanimously.
C. The Board considered the minutes of the Regular meeting of November 11,
1982. Motion was made by Arno, seconded by Hayward, to approve the
minutes as distributed and written. Motion carried unanimousl-,-. It
should be noted that the Board directed the City Staff to generate a
letter to representatives of Fox-51 advising them that fueling operation
will be scheduled and considered by the City Council at the December 140
1982 meeting.
3. The Board considered the Airport Manager's Report. Tommy Jones and Bill
Angelo briefed the Board on this item,reporting on the following matters.
a. Bill Angelo briefed the Board on a letter sent to the City of Denton by
the Federal Aviation Administration advising the City that it must
develop a Minority Business Enterprise Program to deal with future
Airport Grant-l"Aid Program projects at the Denton Airport,
• KNVTES
DECEMBER 91 1982
PAGE 2
b. Tommy Jones briefed the Board on the Federal Aviation Administration's
Flight Service Station Modernization Plan to lease space for the
Automated Flight Service Station to be leased by the FAA on an airport,
in the flight plan area of North Texas. The Board received the report
and decided that it will take the plan under advisement and study the
feasibility of such a facility at Denton.
4. The Board considered a contract with Texas Airport Management Service for
Airport Management Service. Bill Angelo briefed th Board on this item,
stating that the contract was based upon those issues discussed and agreed.-I
upon at the previous Board Meeting. A major change its the new contract dealt
with the yearly evaluation phase in which it was decided that the City Staff
would d,: the evaluation of TAMS and then submit their evaluation to the
Airport Board who would review and comment on the Staff's finding. When a
recommendation is reached, the Airport Board will present their findings to
the City Council to either continue or reject the Airport Management contract.
Motion was made by Smith, seconded by Arno, to recommend acceptance of this
contract to the City Council. Motion carried unanimously.
5. The Board considered old and new business with action taken on the following
matters:
a. The Airport Board meeting will no longer be held. exclusively at the
Airport Terminal Building, but rather will be held at different City
facilities as the need for additional space or other special require-
ments arise. The January meeting will be held at the Municipal
Building.
b. A current period revenue data sheet was presented to the Board which
was presented to the Board which gave the Board an indication of the
to date revenues Se nerated by the Airport to the City of Denton.
c, the Chairman of the Airport Board has determined, with the approval
of the other aembers of the Airport Advisory Board, that the Board
should take a more active part in dealing with some of the concerns
about the Denton Airport. It was decided that committees should be
established to aid the management in establishing guidelines to improve
the image, financial conditions and development at the Denton Airport.
The committees and members are as follows:
1. Finance Committee - Charged with helping to develop a format for
a monthly financial statement. The nembers of this committee
are Terry Garland and bavid Glick.
2. Airport Development Committee - Charged with helping to establish
a formal development plan for the Airport. The members of this
committee are Lee Keith and Frank Hayward..
9. Public Relations Committee - Charged with helping to develop a
plan to show the value of the airport to the City and to improve
the image of the airport in the community and press. The
members of this committee are David Arno and Don Smith.
MINUES
DECEMBER 91 1982
.PACE 3
• 1
6. The Board met in Executive Session at 7:55 p.m. to discuss Personnel matters.
The Board reconvened in open Session at 8:30 p.m. with no official action
token.
With no further business, the Board adjourned at 8:35 p.m.
December 21, 1982
CITY COUNCIL AGENDA ITEM
SUBJECTs
Abandonment of Easement & Quitclaim on Block One, Lot Two Of the
Redman Addition.
SUMMARY-
When the Timberidge Addition was built, V.W. Redman extended an
8" sewer line from this easement to a sanitary sewer line on the
east side of Dallas Drive. At this time, the Utility Department
abandoned the 6" sewer line in this easement. Gene R. Wilburn,
who is the owner of the property at the pre3ent time, is
requesting the easement be quitclaimed to him. I have checked
with all utility companies and no one has any further use for
this easement.
FISCAL SUMMARYt
Not applicable.
ACTION REQUIREDt
Recommendation from the City Council as to adoption of Ordinance
to abandon and quitclaim this easement.
RECOMMENDATIONt
The Public Utilities Board, at their meeting of December 15,
1982, recommended to the City Council abandonment and quit claim
of the easement as requested by the owner.
Respectfully,
R.E. Nelson
Director of Utilities
EXHIBIT 1 letter from Atty. Philips 11/4/82
11 Map
III Easement
IV Ordinance
1543U/1
ATTORNEYS AND COUNSELORS Al LAW
LAWYERS BUILDING
101 N. ELM
OENTON, TExAS 76201
MILLER OAVIOGE, JR. TELEPHONE; (1117) 566.7010
ROBERT N. EAMES November 4, 1982 METRO 121 411.1176
MIKE GR1"IN
WILLIAM P. PHILIPS. JR.
GRAY W. SHEITON
OAVIO C. WHITE
City of Denton
Municipal Building
215 East McKinney '
Denton, Texas 70201
Attention: Mr. Greg Edwards
Engineering Department
Dear Greg:
Please be advised that t represent Gibson Products Co., Inc.
of Denton, who is presently the owner of L6t 2,'Dlock 1,
Redman Addition to the City of Denton, Texas. I also repre-
sent Gene R, Wilborn, who actually owns Gibson Products Co.,
Inc. of Denton. Gibson Products Co., Inc. of Denton is in
the process of conveying Lot 2, Block 1, Redman Addition,
to the City of Denton, to Gene R. Wilborn.
The purpose of this letter is to request that the City of
Denton quit claim to Gene R. Wii.borrn the utility easement.
I am enclosing herewith drawing which is outlined in red
regarding the 20' utility easement which we are requesting
that the City quit claim to Gene R. Wilborn.
Earl Jones of the City is familiar with this matter, and
if you have any questions, you might contact Earl.
If the City complies with this request, please have it sent'.
the quit claim to me at my address given above.
Thank you for your help.
Yours truly,
44
William P. Philips, Jr.
• WPPJR:cj
Enclosure
cc: Mr. Gene R. Wilborn Mr. Earl Jones
321 Ridgecrest Circle Municipal Bldg
Denton, TX 76201 Denton, TX 76201
J
NO.
AN ORDINANCE PROVIDING TOR THE ABANDONMENT Or A UTILITY EASEMENT
WITHIN THE CI'T'Y Or DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED CONVEYING ALL RIGRT, TITLE AND INTEREST Or THE
CITY IN SAID EASEMENT TO THE OWNER Or THE TRACT Of LAND CONVEYED
BY SAID EASEMENT: AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, acting
pursuant to law, and upon the request and petition of the
grantee herein, deems it advisable to abandon and convey the
hereinafter described tract of land to grantee and is of the
opinion that said utility easement is not needed for public user
and that same should be abandoned and quitclaimed to Gene R.
Wilborn as hereinafter provided: and
NRZREASr tbt City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by abandoning and conveying the same to Gene R. Wilboen
for the consideration hereinafter more fully set forth: now,
therefore,
BE IT ORLAINED BY 'B'EE CITY COUNCIL Or THE CITY Or DENTONI
SECTION I.
That the following described tract of land in the City of
Denton be and the same to hereby abandoned, vacated and closed
insofar as the right, title and easement of the public are
concernedt
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 S. C. Hiram Survey, Abstract No. 616, and
being part of Lot No. 20 Block 1 of the Redman Addition, an
addition to the City and County of Denton, and also being part
of an easement conveyed from Lucy Rimbrell, it ai to the City of
Denton by deed dated September DO, 19SS a,;d recorded in Volume
416, Page 251 of the Deed Records of Denton County, Texas, and
more particularly described as followas
BEING all of said easement conveyed to the City of Denton which
lies upon toot 2, Block 1 of the Redman Addition recorded in
Cabinet C, Page 76 of the Plat Records of benton County, Texas.
SECTION %I,
That the Mayor and City Secretary are hereby authorised to
execute and deliver that certain quitclaim deed attached hereto
and incorporated herein conveying said utility easement
described therein to Gene R. Wilborn.
SECTIOtt_II2.
That portion of the public utility easement herein described
being vacated, abandoned, and closed to 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 IVY
. This ordinance shall -take effect tnd be in full force and
effect from and after the date of its passage, and it is to
ordained.
PAGE ONE
s
PASSED AND APPROVED by the City Council of the City of
Denton, Texas, this the 14th day of December, 1982.
RICBARD 0. STEWART* MAYOR
CITY OF DENTON. TEXAS
ATTEST.
VICKI N6STLINO. DEPUTY
CI'T'Y SECRETARY
C[TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORK
C. J. TAYLORt JR.o CITf ATTORNEY
CITY OF DENTONI TEXAS
eye
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PAGE TWO
C -M&-40W CLAM pefA-wM► 14" 4r4 MW6 endw► AJrdU6110001 "Dim IrYn.r oa. riY
THE STATE OF MW, j KNOW ALL err BY THE PRESENTS:
CouNTY Or DENTON
. That THE CITY OF DENTON, TEXAS, A MUNIMAL CORPORATION
of the County of Denton and State of To: , for and In consideration of
therm of
-------------------TEN AND NO1100 (310.00) DOLLARS,
to it In hand paid by Gene R. Nilborn
of the County of Denton and State of Texas , the Melpt of Which
L hereby acknowledged, do, by these presents. SAMAM SELL, RELEASE. AND FOREVER
QUIT CLAIX unto the said Gene R. Wilborr, his
heirs and aalM in its right t.do and interest in and to that eatala tract cc par.
Od of land lying in the County of Cantor, and State of TmL described As Move.
to-wit t
All that certain lot, tract or parcel of land lying and being situated
in the City and County of De-ston, State of Texas* and being part of the
S, C. Liras Surveyy, Abstract No, 616, and being part of Lot No. 2,
block 1 of the Redman Addition, an addition to the City and County of
Denton, and also being part of en easement conveyed from Lucy Rimbrell,
at al to the City of 'Jent)n ay deed dated September 30, 1905 and
recorded in Volume 416, Page 251 of the Deed Records of Denton County,
Texas, and more particularly described as follows
521HO all of said easement conveyed to the City of Denton which lies
upon toot 2, Block 1 of the Redman Addition recorded in Cabinet C, Page
76 of the Plat Records of Denton County, Texas,
TO HAVE A.`iD TO HOLD the sad premises, together with sit and tiarular the righta, priti•
let" and appnrteouees thereto In any maanar balongint unto tts said Gene R. Wilborn,
his heir and Alaimo foram, so that asither the mid
City of Denton, Texas, a Municipal Corporation, its successors
not balm sesat any person or persona claiming under it shall, at any time hereafter.
have, claim or demand any right or title to the aforesaid pe+misea or rK,urten►nces, or ant An them
oL
RIrN S8 my hand at Canton, Texas this
14th day of December A. D. 19 82
Witaasaes At ROgUeet of GrsntarI Stiyy Of- D CN TON, TEXAS
ITIVAT, Sys
RICKARD 0. S11t1ART, XAYOR
DEPUTY CITY 58CRLTARY
,i r..a?
vot- 1000
BLOCK ONE ♦::y t
• C+wR C
LOT' TWO A414C °
P4,60 447-82
1
A1vCT nXT CCA
+ v0i.. K ba
/4 31 3.19.01
0,596 ACRES-
j
Y~ _1
20' UTILITY °_dSENENT t
1 O
♦1 O
O r
J•
~•I r' i ~ f. ` i
r
c ♦ ~ 1
SiATC nF i ;A$
i
Cnt''T- fl' 00T064
r M i{N;R;Ai, V,Y. ledsn~ its the owner of a 0,5954 aciP tract in the S,C, uiranl Eur
At'Stract Vgji rnton County, iexls, ine beinn part of a tract descrV%e4
A " in a deed from R, [1 'tallpce and Haret .".Sm-well Frederick, Executrix of the
' Estate of t. 'dal {ace to V,tt. RedMn on February 7. 140A, recorde4 in Vnlur+e; '
1D()0, pace 932. Deed Records of Denton County. TevAS. and heina also n3rt.0 r,
a tract descritt•d'in a deed from Gary 4ell to Y.Y. ReA ►jn nn ~4 rch 44 1R 76.
recorded in Volsimi 776, Pace BSA, need Records of h ntan county. Texas, and
hetng sore fully described as follows:
'tEGIPPO NG at the Luthermast corner of said 0.5464 acre tract an the North
right-of-way of Dallas Drive, said corner Memo also the 4'est South.r'ast corner
of Tir'berrid9t addition, olat of which is recorded in Cihiret C. Pace $0, plat
Records of Denton County;
T4ENCE N. 48' 07' 23' W. atonq the 'north riot-of-way of nallas nrive a distance
of 150,80 feet to a steel Din;
f THENCE N. 47. l:' V. with said North right-of-wav a distance of 49.24 feet!
to a steel pin,on said ric+ht-of-way;
• THE'„ E X. 43' 13' $S" E. a distance of 16A.11 feet to a steel Din;
rA NCE S. 47'17' U- E. a distance of 95.SS feet to a steel Din on the last
property line"of said Timheridge Addition;
THENCE S. 0' 07' S0' E. a distantf of 150.13 feet to a steel Din;
THENCE S. 41! 52' 31^ 4. a distance of 47.Sn feet to the place of heainninn, con-
taiming in aifl 0.5954 acre of land.
THEREFORE V ft THESE LIEN °T THESE t'RSSENTS:
ti THAT, Y.il. Redman, owner, does hereby Adopt this plat desianA:ion the herein
describel orocerty as the le''.ean Addition. *lock nne. Lot Two, to the City or
Denton. Texas, and does hereby adicate to the cublic use `archer, the streets
and easements hown hereon,
- ! ITATE OF TErJ► x
COU41Y Of DENTO.V X
A Wore me. the undersigned rotarv Auhlic in and for said County and State on
this day ;Ptrsonally AoD!ared 1,*r. Deczar„ known to re to t'e the nerson whnse
- name is Subscribed to the for!goino ins:ry.wt, and ackmamle'Sse to me :`•at he
axecuted the same for the prumse and considerations therein exDressed, and in
the iapbcity,thfrein;
~ _ , '^+D
y1VE't 'vNOrm NY wsVO ANA SCSI OF AFFICE T+15 'aE _ ~~i ^:Y ^r t. --v
k AT1 t.1 .t`. I P, r eI:Sr~~D~S Ci~';'Iti.4TE
'oat, "•sry'f. 1Q%-rltt, T411stered professional Suree;or, 110 hlreNv certify
tha; ; •rt-.arid this alat fmozz in ACt,;al and acciratt survef of :'+e lam', ►n3
!:eel D1n3 Sven :~!'!''n +!r! Oleced under .^!^}vral fu•!r.'tS'Cn
ira.;• -13•:e at)',lr:r^~Sn-es Of :u! :1•v of •'WM' C //t'
s
,
NO.
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT
WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE
CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED
BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, acting
pursuant to law, and upon the request and potition of the
grantee herein, deems it advisable to abandon and convey the
hereinafter described tract of land to grantee and is of the
opinion that said utility easement is not needed for public use,
and that same should be abandoned and quitclaimed to Gene R.
wilborn as hereinafter providedr and
+ I
! WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by abandoning and conveying the same to Gene R. Wiiborn
foe the consideration hereinafter more fully set forthl now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON*
SECTION 1.
That the following described tract of land in the City of
Denton be and the same is hereby abandoned, vacated and closed
f insofar as the right, title and easement of the public are
concerned:
All that certain lot, tract or parcel of land lying end being
situated in the City and County of Denton, State of Texas, and
being part of the S. C. Hicam Survey, Abstract No. 6160 and
being part of Lot No. 2, Block 1 of the Redman Addition, an
addition to the City and County of Denton, and also being pact
of an easement conveyed from Lucy Ximbreil, et at to the City of
Denton by deed dated September 30, 1955 and recorded in Volume
416, Page 251 of the Deed Records of Denton County, texas, and
more particularly described as followss
i BEING all of said easement conveyed to the City of Denton which
lies upon Lot 2, Block 1 of the Redman Addition recorded in
Cabinet C, Page 76 of the Plat Records of Denton County, Texas.
SECTION II.
That the Mayor and City Secretary are hereby authorized to
execute and deliver that certain quitclaim deed attached hereto
and incorporated herein conveying said utility easement
described therein to Gene R. Wilborn.
SECTION III.
That portion of the public utility eaaement herein described
being vacated, abandoned, and closed Is made subject M all
existing zoning regulations and deed restrictions, if any, and
subject to all existing easement rights of others, if any,
r whether apparent or not.
SECTION IV.
This ordinance shall take effect and be Lm frill force and
effect from and after the date of its passage, and it is so
ordained.
PAGE ONE
i
i I
II
PASSED AND APPROVED by the City Council Of the City Of
Denton, Texas# this the i4th day of December, 1982.
RICRARD 0. STEWAAT# MAYOR
f CITY OF DENTON# TEXAS
f
` ATTESTt
f
f
j VICKI 'RESTLING, DEPUTY
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLORo JR.# CITY ATTORNEY
CITY OF DENTONs TEXAS
BYt
i
~i
1
i
i
i
PAGE TWO
i
i
f
i r
t 4"-4cn CLAM Dse9-912h IWda t.M,al wda, s«n► mess "Mftr 1uatM OWIW no., oi,.
% THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
+ COUNTY OF DENTON
I That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION
i
of the County of Denton and State of Texas , for and in consideration of
the mum of
••--------------TEN AND N01100 (510.00)-------------------- DOLLARS,
to it in hand paid by Gene R. Wi lborn
of the County of Denton and State of Texas , the receipt of which
f U hereby acknowledged. do, by these presents, BARGAIN, SELL, RELEASE. A\`D FOREVER
QUIT CLAIM unto the said Gene R. Wilborn, his
heirs and assigns, all its right title and interest in and to that certain tract or par.
cel of land lying In the County of Denton and State of T4us, described as follows,
to-wit:
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
S. C. Hiram Survey, Abstract No. 616, and being part of toot No. 2,
Block 1 of the Redman Addition, an addition to the City and County of
Denton, and also being part of an easement conveyed from Lucy ximbrell,
et al to the City of Denton by deed dated September 30, 1955 and
recorded in Volume 416, Page 251 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
BEING all of said easement conveyed to the City of Denton which lies
upon toot 29 Block 1 of the Redman Addition recorded in Cabinet C, Page
76 of the Plat Records of Denton County, Texas.
TO HAVE A.`D TO HOLD the said premises, together with all and singular the rights, privi.
i
leges and appurtenances thereto in any manner belonging unto the said Gene R. Wilborn,
his heirs and aaslgrA, forever, so that neither the said
City of Denton, Texas, a Municipal Corporation, its successors
' riot beirAAM any person or persona claiming under it shall, at any time hereafter,
have, claim or demand any ris'lit or title to the aforesaid premises or appur:enances, or any part there-
s of.
VVMNESS 'my hand at Denton, Texas this
14th day of December A. D. 19 82
Witnesses at Request of Grantor: C12Y_OT' CE'NTC:LT£XAS_,
RICHARD 0. STEWART, MAYOR
j DEPUTY CITY SECRETARY
i
1 t '.i i•V; ~'w',•i ni~~T'ti•.'r`1', a7.
td,
1.. f .n 1._ CUNIT C
j \ PG 37 x•17.62 t
~ ` fl 111 -
tl/VOL, 1000 VWPENAX foe
I is LPG.952 24.66) pie
1
S 5 ~ .
BLOCK ONE 3 1.
i LOT TWO Trwsm Gi &"Tic
C,sN[T C
PE 90 4.27.62
t . ni~^r FIrCM Coa:
i ' k.O.7l07
I VOL. +066
►4~k !•19•Di
0.556 ACRES
~ 1°n
C I 20' UTILITY EASEWNENT If 14
\1\ 0
\ O
i
43
a, I
4f 1J '1 . .
I
9.
ul-W OF PRDPOSED AMMMMENTS TO ARTICLE 1269M
TEXAS MUNICIPAL LEAGUE TASK FORCE
OCTOBER 8, 1982
(1) To clarify the definitions of "firemen" to insure that civilian
employees not hired in compliance with article 1269M and who perform
non-firefighting duties within the department (clerical, dispatching,
equipment and building maintenance, etc.) shall continue to remain
outside of the provisions of article 1269M.
(2) To eliminate the three year residency requirement for appointment of
civil service director to enable more effective recruitment of
qualified applicants to this position.
(3) If authorized by the City Council or legislative body, to allow the
lice and fire chief to appoint qualified officers to the top two
positions immediately below the chief. This amendment would not affect
those individuals currently holding such positions in a department.
Specific standards are given qualifying candidates for these positions.
(4) To allow the City Council to voluntarily establish assignment pay for
employees who are required to perform highly specialized fire and
police functions.
(5) To more clearly define the conditions under which a firefighter or
police officer may be considered to be either temporarily or
permanently disabled and to further establish a time period in which
the position may be declared vacant and again filled.
(6) To remove the Texas residency requirement for fire chief candidates and
to require that any appointee to that position be eligible to obtain
intermediate certification within two years from the date of
appointment.
(7) To allow the Civil Service Commission, on a local option basis, to
establish an alternate promotional testing procedure which allows that
a part of the overall score be determined by a three person oral
evaluation board selected by the Commission (police only).
(8) To allow the fire and police chiefs to take disciplinary action against
an officer who is charged with a criminal felony, class (A) or (B)
misdemeanor, or acts involving moral turpitude even though the alleged
act was not discovered for more than six months from the date of
occurence. The present law prohibits such actions after six months.
(9) To allow the chiefs of the fire and police departments the authority to
assign "uncompensated duty" on normal days off to temporarily suspended
employees who request such assignments in lieu of suspension time.
(10) To provide repeal of the provisions of article 1269M in a city by the
same method which allows enactment.
TEAS MANICIPAL i AM'E
Second Revised Draft
A slit TO BE LNTITTfD
1 AN ACT
2 relating co !irenm's and poliee's civil service.
3 BE IT EMM I) BY 'I?C tELISLATME OF M STATE OF MAS:
G SECTION 1. Section 2, G%apter 325, Acts of the 50t1h LegislatL:e. 1941 Article 1159m.
5 Var.='s Texas Civil Seances). is ara.•ided to read as follows:
6 Sec. 2. By the term "Fireran' is manc any rerber of the Fire DeparLmn.- a?poL7ced
7 to such positioe in substantial cocpliance with the provisions of Sections 9, 10 end li
g o.` this Act, or entitled to Civil Service Status under Section 2.1 of this Act. (The-Sere
9 L~e~~es•tire-;e•?erter_-fire-sgpressi.R;.tire-prevaEten;•tirt•!rsirL~g;-tire-safer.
10 te0:.eiikg-. -fire
11 phe!egrep~ er•fire•ee`3ris!rsE4~ -1 By the cerm ''Pollmmm' is grant any :*r,t•er of the
12 Police Depar`ent appoLzced to such position in subscantiAl c:cpliance with the
13 provisions of Sections 9, 10 and 11 of this Act, or entitled to Civil Ser.•i.e 5;atss
14 under Sec:im 24 o{ this Act. 3y the term "CsrSssion" as used hereLl is exam the
15 Firer~-:'s and ?oliceren's Civil Service Cccnfssion. The ;era "Director;" rears :irectcr
16 of Fire's and ?olicet~'s Civil Semite.
17 SECnCN 2. Section 6. Chapter 3:5, Acts of the 550t,h Legisiart e, 1947 (Article
IS 1:69x, Vernon's :eras Ci•41 Statutes), is a.-:c ded to read as follows:
19 Sec. 6. There is hereby created the office of Director of Fimc's and ::.fce~'s
20 Civil Service, :tic'; shall be ;..led by the aFpo_~:aert o: -:.e Cctcission. fei-sere
21 perser.-ree!ir41 The :irectcr rat reet t'* {see' reyuim-ents as hereL^abcve
22 for recters of the Carssicn exees: that t'•e Dire:ccr &~es net have to npe:three
23 year local residere•+ remir-_wx. Sail Director ray be either a toter of the `
2+ Cort:..ssion, another eployee of said city, or sae other person. Me Iegfsla:f':e b e,-
13 of s%wh city shall dete ml-ne what salary, if ary, shall 'oe paid to su&,, ire:tcr, Said
25 Director shall at all tires, be subject to removal by the Gxclssio•,. =:e sha.1 serre a!
Secre:ary the C.nrdssicr, and shall perfor: all sack •.trk Lncile .al co the Fajen.'.
21 and Po.icre CV41. Serice as ray
be re;rfre: of his by [h.e zrasf-.
% is ;r.-vUed, hc,-veer, that in these 'cities :fdt*, hi--e a ar•d ie3s.l
cccs4 ect..:f Citl Service, by atar -tee h.e rat b0 :3::
sat; ra 7
1 shall be the Director of the Fire_,e:'s and Folice~n's Civil Servica, but he shall
2 administer civil service pertaining to Firwen mid ?olicecen in accordance sith this
3 tau.
b SECTION 3. Section 8, Chapter 325, Acts of the Seth tegisiarvre, 1947, as s+c drd
5 by Section 3, Chapter 753, Acts of the 66th legislature, 1979 (article 12691;. Vernon's
6 Texas Civil Sca:ures), is acwtded to read as follows:
7 Sec. S. The Cocnission shall provide for the classiflicatin of all firm-w-1 and
8 policemen. Such classification shall be provided by ordinance of the Ciry C.ar,cil, or
9 legislative bodj. Said City C=cil, or legislative body, shall prescribe by ordL d ce
10 the mrber of positions of each classi£icati•cn.
11 Na classification ncv in existence, that Lay be hereafter created it sjch cities,
12 shall "r be filled except by ersSna:ion held in accordance vich the prwisions of
13 this lri provided, have:, ths: with the prior consent of the Cir., Council or .:verning
14 W, of the City, ehressed Ln wid by resolution or ordinance, the Chief or Hesd of t1',e
15 Fire Umrtrimt and!or the 'lief or Feed of the ?olice Deoax=ent shall be au hcrized a
16 aomirit all -ersons occup t^t the rutheri:ed tQsiticns Ln the classification. t-re{iately
17 below that of Ohief or De:a:^nert Head or all :ersons ccc-m!ing authorized tcsitia-s Ln
18 the t.+o (2) classifications irmlia-ely below the: of Chief or Deoar"VC P Head, as
l9 provided L, this seccfor. All persa;s in each classification shall be paid :hr s=e
20 salar/ and L addi:im thereto be paid cy of the feliarinx t.~es of !1!r3a~iswc
21 ser#!r#!yi-eseet#ee.ai•i~eert#ve-paw=-es-e!es#€#ees#!rl pay :ha: they Ike! Lay be
22 entitled cc: (1) longevity :rr: (2) seniari:: 7av; (3) et~catirai L.ce-. :•e :a•:
23 assia•nenc tav, and (5) certification caw, ibis shall not -prevent the Head h '
24 Departz n: frca desizriatL.; sme pe:sor --'-.e rex: lags c:assificatior. to fib: a
25 position in a higher classifica:icr terjora:ily, but any s%xh pemm se desip-abed Sy
26 the Head of the iepar.-ont shall be paid t`e base salary of s-..ch higher pcsi:i:r ;1,.s
27 his c n longevity pay, senicrf y pay, educaticral 1,cert've tav, ar.C tw.
2s dr4.-z t..e tlz* he ;erfors th* duties thereof. The twycra: r per,-'or-ace of :`e ::ties
23 of an;r such position by a person :to has not bean praroted i. acccrdance t' t:-e
2 C provaicr.s of :his act shall never be co.strxd :o pr=te such, person, P :a:a•ties
i
1 in classi:Lcatimi other this the classification or classifications to be selected and
2 filled by the Chief or Depamnmt Head shall be filled by persan&It appoinmwt fran
3 eligibility lists ha-ished by the Cwmission u-ithL-: sixty (60) days after such vacancy
4 occurs. If a vacaroev occurs in a classification ocher than a classification tha: rav be
5 filled by the Chief or Deoart;nmc Head before the eniratien of the then cis.en:
6 eliaibiliev list, the Carission shall r1mit noes from the list to the De^ar=en6- Head
7 until the vacanev is filled or the list is e%. auscedi iF no list is Ln existence, the
8 %wancv (vaearafes) shall be filled frca a list which the Cccmissicn shall provide within
9 nina:y (90) days after the va=c-t occurs.
10 Fire -cm and polices shall be classified as above provided, and shall be render.
11 civil service protection except &..e Chief or Head of such Fire DeW=..erIt or Police
12 Deparm-imt, by Outr.•er naae he may be kw-n, and these persons selec:ed and
13 a:oointed by the Chief or Head of the Fire or Police Dnarcrenc p;rsuant to this
14 section.
15 Said Chiefs or Deparrrumc Heads shall be appoL^ted by the C:1ef Executive. and
16 cenfirned by tl,e City C Lrtii or legislative body except in cities mere the Ce;ar t
17 Heads are elected. in these cities havL^g elective FLe and Police Cxrissione:s we
18 appoirt:rnts for Chiefs and Heads of those Depa-=en:s shall be Bade by the res:active
19 Fire or Police Ommissicrers Ln tAcsa Depart:mirit t1^.e vacancy em-sts, and such
20 appoL,cre^ts shall be confined by the City Council or legislative bodl+.
21 If authorized by this Act and by the Cir+ Cotrcil or lezisla:ive 5t,-, the :erscrs
2? oc: mviniz all :ositiens Ly the classification or classificaticns L^r•ediately Lel -ha:
23 of the Chief or De:ar---ent Head shall be ataointed by the Chief cr rear
24 :fwse Ceoart:-wt e1•.e vacaxv exists, x~d shall sera at she altas•re of such Ch,ie: c-
25 De:ar=~c Head. No person :hc has not actually se-.vd I. a a-er^'s^r+ or m1d-
26 -=agament (or hither) zosition ::thLn a ba'a Fide 1rr e-<ormcn: atency of :his sure
27 arot-er state, or of the '.X ted States for at leas: five (5) vears, and r,.c is -r-
23 1alified to obtain an inter,+ediate Peace Office:'s Certif.cate ..+ra -he C'm alt:r
29 La: E :orcer t Of°icer Standards a: -d ''e.;cati n _ -.Am ':ear3 fr.r he '.a:e :f
30 arxLycne^~ shard `e se'e^te~ or a:x'^tad by ~'.e Cliff
sr•.
3
1 such vacancy in the Police Deoart w to and no person 6+ro has not actually se:ti•ed in a
2 suoerrisorv or mid-caax~ e^t (or hither) position -within a bona fide fire °iahtire
3 agency of this state, another state or of the United States for at least five (S) years.
4 and %;ho is not c altfied to obtaL- certification firm the Cocmissias on Fire Protection
S Persorn.el Standards and E-kcation at the inter:ediate level. or its e•-uivalent, 4ichi-
6 eso (2) years from the date of apwinmot shall be selected or appointed by the Chief or
Deoarcrnt Head to fill ar,•+ such vacancv in the Fire Deur•-rmt. It is extressly
8 provided further. that those persons a'read'+ sering mder Derrare-t aaaoint-cnt to such
9 positions in the classification or classifications irredistely belts: that of the Chief or
10 Dnar-.-rt Head prior to t,,e effective date of this Act shall not-be required to ~e
11 appointed or reaopot^ted as a cordicim of to-A a or concLued e,olovnent zor shall
12 failure by anv person ahead' servine under per-ar.eu t-.oloyrent to f-AMl t' e
13 recuirenents maia him L-.eli.ible for conci-trd emlovroont in such position L his
14 Depart-e-t. All such atxL-cue is shall be made by the Chief or Deoar=*,.nc 'read within
15 ninety (90) errs after the vacancy ocres. Ann aerson appointed 5v the fief or
16 Detar t Head to a 9Csi:ion Ln the classification L-neilacely belcv that -.61 the Chief
i
17 or De:a_- sc Head :}a is sc: sez-v,tly reo•ed frx such xsit'a, by the Chief or
18 Deoar=.oL-.c Head shall be rei sta:ed i _ the Depa_ lent and olaced in the s.-e
19 classification„ or its eg.ivalent that he held prior to eis apa n~en;, a.^.: Le shall
20 retaL- all riehts of se•Lcri:: Ln the De-w:C-en:; ptc ~o~. that should the :erscr, be
2. charged with a.- offense L-.:icla-ice, of ci%;41 se:-4ce ;ales and Lndef!.- Ite;v ss en:e3 b
22 ;he Chief or Devar--A--.. Lead, he shal. have the sa-+e rights and cri•rileget of a Near:..
23 *efore the Catrission. and Ln the s" rrrer and de: the Sae cord.-ions as class.:Le'_
2'. mmItyees. If the CarSss'on or a court of ca•sAten;_;ur.sdic:lcn fL.ds t!te _ar,es
be un:r.;e, or unfxrded, the e~;tree shu'1 L-media:e;+ be res:o:ed to the swe
26 classification, or its e;u:valent L
ac he held pries to his aoxL-^~•• '-e s-'-ti•e;
21 silt en!oy all the riihts and rhertmdt- accordL2 to and s•a"
28 rtuid for arv Its, -IRIS.
,9 -
The CiT-i Camcil or legislative bod;+ of a c'^ ray authorize educa.lcra,
30 pay L- addi:icn co re;alar pay for a f:reran or zo.icerar ' o has lac:ess`a;.. : r '
.e:r
I cc=ses at an accredited college or university if the criteria for the educational
2 incentive pay is clearly established, is in ur iting, and is applied equally to all
3 f'.recam and policetrel meezi:-4 the criteria. If all fire-aim or policemen are afforded W.
6 opportunity to qualL°j themselves for certification, certification pay may be au:'tirized
5 by the City Council or legislative body of the city in addition to rearalar pay fcr t.'sese
6 firecen reeting the requirements for certification set by LhA Cavrission on Fire
7 ?rotiction Personnel Standards and Education or polict--= yeeti.-g the :eyuire :s f.:
8 certification set by the Cocrission on Lay Enforcenent Officer Standards and E`sca:icn.
9 SECiIOt, 6. Chapter 325, Acts of the 50th L.egisla=e, 1967 (Article 1269x, Vernon's
10 Texas Civil Statutes), is at,znded by adding Section 8A to read as follows:
11 See. 8A. In any city having, a tcWlation of less than 1,200,000, accordi.g to the
12 cost recent federal ce^scs, the City Council, or legislative *odv may autherL-e. c n th.e
13 recur a .dation of the Chief or Head of the Fire L%part: c^.t cr Police :eoazse
16 assi~nt cav for fire^en and trolice`+er. perfor:nirat specialLed ,=:ions in their
15 resee:tive Oe:~as-.-ents. The assizs+ernt cav shall be in an atcir,c and payable -der
15 ccrditiians asset by ordinance, a:d shall be in addio on to tte fi:exm's e d ooli;e:tn's
17 :erjla_ Fay. The Chief or Read of the Fire or Police troarme:t is not eligible fc- t~A
13 assiyxnenc :a•.- auilzrized by this Section.
i9 SECTION 5. Section 9, Chapter 325, Acts of the 50th Legi;lat_e, 19 7 fA~acle
20 1:1.9x, ye: cn's Iesas Civil Sca..tes), is mended to read as folio.`;:
21 Sec, 9. The Commission s:al1 rake ?rot:sicr:s f:r oven, co*eti:i':e a:d fret
22 •xs rations for persons raki;7g proper asp::cation and aeeci.g the ss he7tL`
23 zrascribed. All eligibili-I lists fer applicar.:s for or'.ginal posi icrs L t;-.e Fse a-rd
24 ?olice Depaz~nts shall be created onl? as a resna c of svc exati-aticns, a.c
25 a;xin.e-s s:ai1 e-.-er be rade for any position Ln srch:epar=,ents exce;: as a :esn:1:
25 of such exwiration, which shall be based cn the applicant's 1ccwledge of ar.d
V q.;alificscicrs for fire fighting and .nrlx Ln the FLre :epa:t.tit, c: for poll:: •-c:r,
29 wort the Police Cepar=a^,t, as shcun by ccvpetitive exsrS a::cns i. --`,e 7resr.ce of
29 al- apelica-ts for such position, and shall prs•..e for thcr gn : ; r :n:- st
30 appl:.rrt's gs-oral e? cation And rentf.'. ability, Fare .erar t e-n:rvice
S
J
I S4aa a "scion arises as to whether a fires= or polimen is coo peµz.ertl.•
2 disabled to ccneirne (s~f4ete~tiy•pkysietelly-!i!-!s-een!i-et1 his duties, the eployee
3 shall sutsdt a report frcc his personal physician to the Cttrissicn. If the Coccission.
6 the head of the Deparc+ent, or the evloyee questto•.s a*.e report, the Wrelssix shall
5 appoint a physicia: to exw. .e the e~ployee and to submit a report to the Cocr'ssion, to
6 the head of the Cepar=ent, and to the c:ployee. if the appointed physician's report
7 disagrees with the report of the erpieyee's personal physician, the Cccmission stall
8 appoint a board of three (3) physicians to amine the er;icyee. 1,e itreirl fLn%!igs ,c
9 a rajorir+ of the board (ss-te-eke-z~iayee s-4i!,ess•fee•~hr,•1 shall deteml., a t!-*
10 is". if perra.ent disability is fasd, the e_elcvee shall be terira•ed. A physician
11 or Board of Phvsicia-s apoointed by the C=dssien to ersSre the a .1ovet shall bz
12 aporoved by the board or co=lssion of the calovee's oansicr. oro.-rr: and a ah:si:fan's
13 or board of physicians' firidine of re..^ta:enc disability shall be bind ..z on the
1+ =loyee's pension board or cowission. The cost of the scrrices of the etployee's
13 personal physician shall paid by the eplayee. Al' otter costs shall be paid ty the
16 city. As used herein. "perttic.en: dtsa5ili:v" is a phvs'cal or mental 1_-0=v or ill:-ess
17 that prevents a firecw or ooliewan frx ;erfor:d:t anv dudes that zav be issued 'n
16 all divisims of the Fire or Police Detu=wnt, and :*%_1_1 disables the eplovee co the
19 extent ma: it ca .cc be said in rcacmable teaical prcba~. i-y •~2• the =1:vee vbe
20 able to ro-%= to Ault duties v::hUi me (1) calar.dir vear fr:o the the e-~:ctee's
21 daccor molts his rexrt.
22 A fireraa or policww...ia has tw,, cer:ified by a prysicis. selected by a firz>z
=3 or policaner.'s relief or re:irercn: 4--d as hr4ng recovero! fran a
24 he has beer retei'ring a monthly disabili:y pe:.sicn shall. =ah the apprc%,al e: t=x
a3 C=,ission and if otherdise qualified, be eligible -`cr reappcirtn ^t w the classi:te:
25 post:ion that he held as of the date that he qualified for a vxhly cr.sil.,_
27 provided, hc..vver, than if 51s fo:r*r posi•,cr has '•eer filler. he an=al' be rei-.s:ate'
28 only sl.e,, a ce•; vacarcv in that nark oerzrs. If a vacancy exisa a :r--e• ran: , 're cam'
29 accept that rant:ice:. 5u: the ac;tstance sha'i *e ~•^-a-e-• er" s'•es ar.•. ;law
30 reins:atzrw. it L'i-.ems r;:k right-!: :ea -
ptct,~: sta.. ems::r:e -a-. -x
7
1 (2) Years after the oloyee has been terminated.
2 SEMC^) 6. Subsection D, Section 14, Chtpcer 325, Acts of the 50th Legislavu a,
3 1947 (Article-1259W, Vernon's Texas Civil Statutes), is acrended to read as follars:
4 D. (1)(a) All applicants stall be given an identical exarl-Ation in the presence
5 of each otter, uhich prowtioral exsl ation shall be entirely in :siting And ra par: of
6 ufsich shall be by oral interview. and all of the questions asked thereL-. stall be
7 prepared and ccc-,med in such a -wr.er that the g:aciltg of the exacds.,.cien paters car. be
8
cccplecrd
r Y .creediately after the holding of the exarl.ratixs send shat,
. be prepare_
9 so v to cis: the kxvledge of the applicants concerning information and facts, vd All
.0 of said questions shall be based 14= material o•hich is a reasonably ra-rant publicatio:-
11 and has been made ressorably available to all twimrs of the Fire or Police Depar znt
12 Lmmlved and shall be based tpan the duties of t'se position sought and upon a..y study
13 cages give. by rich Depart~•e.tal Schools o ° Lnstn1ticn. All promotiora2 exaeirati.;.
14 q•.;estiors must be taken from s=ces that we listed in a notice that is posted by the
15 Cocrlssion at least th'r y (30) days before tte date of the examirstirn. Firemen or
15 poiicicm:m say suggest source materials f:r promocicnal exsSnatix.s. I~i notice require:
17 by Section 13 of this Ac: may include the rme of each & =cm used and the ruter of
18 q%Astims taken frou each source. Me Coccissien ray include the chapter of ea:..n sok-:e.
19 '.than ore of the Applicants taking an exx--' %acion for procoti-n has rrrleted his ar r.sm
20 :he grad'.rg of such exxyatici shall begin, and ill of the exmt»aticr. pane:s shall be
21 a.aCed as &ey ate coepleted, at the place .'here the exs•.itaticr is giver and the
,remrce of Any applicants who wish tc rsaL^ during t1w gradL^.g.
23 (b) fie DL^e::or is respcruibie for the preparation and se:=i:y of al, p:srtiona
24 exA:%inatixs. '~e fairness of the cx~:Rive prccctic.ai ex'i-,atiors is the
25 resporsibilL:-r cE ae Cxrlssicr., ae Director, and ty cs.r.icioal e=lzyee L-. ,»red
25 the preparation or ad-lnis:racior, of ?-h: ex:s ration. A person t-4 k^cu'Lniiy
'stnticrt"y reveals any pa:: of a prscticrai exarra:ion co an ~.ra•:::,crizef nets-.:.
28 a who'n 4L^.gi7 or L:e•tiaally receives from an unautherited :ersx :a:t
29 a promo:ixai exglri:ion cxrits a -Isder+einc and shall be fired .cc less :him One
30 ThoAand Dollars (5:,000) or irprisored fir not mre than one (1) year In the
8
1 or both.
2 (2) the grade which shall be placed on the eligibility list for each policenan
3 applicant shall be cooputed by adding such policaran applicant's points fcr seniority :a
6 his grade cn such written exx=ation. Grades on such written exv mtiuu shall be
S deterwined entirely by the correctness of each applicant's ars ers to such qus:i.-s.
6 il'e mini= passing score for the vritten exar:inatim is sevenrl (70) points.
7 (3) ihe grade which s}a11 be placed on the eligibility list for each firervar
8 applicanc s}ail be cocputed by adding the ILeran applicant's points far senicrir+• to his
9 grade en tNe urittan ex%Lutien. Grades on the written exac•1.nation shall be based en a
10 msxinz grade of one h~xlsed (100) points and shall be determLned entirely by the
11 correctr,eis of each fire= applicant's ans=-ers to the iTzestions. the mir.L:- . passL.g
12 score for the -written exsiation is sevenrl (70) points.
13 (4) Each gpliumt shall have the cppor:nri.f to exarlne the sauce cate:'.a1s, his
14 exaelnalien, and his ars.ers thereto toge&.e: 4th the g-adLg thereof and if
15 dissatisfied shall, within five (5) :vrkirg days, appeal the we to the Cces•1W.,r. for
16 review in ucerdence with the pran:sions of this Act,
1
17 15) Notwithstanding the vrvisicrs of Fa:araohs (I)(a) and (2) of this
13 subsection the Ccmissian raw cn the recccrendation of the Chief or Head of :he Folice
19 i7e:a:•snant, adovc a yr=cicral s•:scer to select perscr.s to oc =v any stile :s: -r
20 position, other th~s;tions that are to be filled by avooincrent by the Chief :r Head
21 of the Police Ce:ar~e.t, if the pranotioral svs:e-a is in c='Ilarce .ith two f:11,
22 recuirener;ts:
:3 a. m 7r=:i:na'. exs:.~a:ion oro"dza shall cmiis: of t•.+o (2) par:i as h,:
24 1. Witten ex.=.1 .aticn. i'he :zitten e.wlnatian shall cc:sist of cus:iars
23 ralatL^.¢ to the c' ties of the classi.`icatior, f:r •4i".-he a dnat'_x. is t::e^.. :he
.rcitren ex~.na:icn shall ha•re no svecific :assing or falling .lade. 'hi: • , :r.-%:_e a
27 rankint of the :articipants fret highest cc lckoest scare. TM.e Ccrrlssicc steal: es:abl:>;
:9 a yrocedlae ca decide Pies on the ricten ex4l-atim. Only the hizhes: scar:-: -.r.c
15 peres^.t (.0.) of all test ra:ac..ants, Cr t,e scc:.::4. 4.:l
a'.•er is g:ea:e: shall to ail^Yd tc contlxua :o t''.e sec Td :hase ^r -11 NYC:: ~~3.
3
J
I procectae, the oral e).aclnation.
2 2. Oral exor:.utim board. The oral ex.-:La:icn board shall be cocaosed of ::_ee
3 (3) persons. At least " (2) n rbers shall be persons not mvloyed by the ci.-+ uhO hold
L Adc-Snistrative or sLe:visorj level pcsici=s in a Ir.: enforcerent See.-Icy. One (1) n--~er
S my be selected frog 4ithi.•+ the Police Deoarttxnc, provided that person me-=ies a
6 position Li a classification at least one (1) grads or rank hitter thm the Frade or rack
7 of the wricioants bout cxaiLn d. All three (3) recbers of the oral eicac-S.^a:ice board
6 stall be selected by the Cccrissior. from ncclnatims submitted by the Di:ec,-: cf citi .l
9 Se:yic9 to the Ca fission.
10 b. Vithin fora -eieht (44) ho=s, exclvdL-e weekerda &-.d official cic+ hclidavs.
11 free the ccczle:ion of the oral exsination process, an eligibility list shall! be
12 prepared and posted with the respective rakines of all ca:ticipents, and shall
13 established as follcvs:
14 1. Vrittn e=%imaticn score...... 703 (carL-sr_ score: 701
15 2, Oral e_m:ration beard score... 300. (taxi-L. score: 30)
16 3. Seniority points no: tc exceed tell, (10): 10
17 Faxirtm Tocal: !10
is The provisions of Subsection NO of this section relating to rv~ea•bv the
19 Car-Ission of &.0 srittn evmL-a:icr axly a .d the oral exac±.aticn phase stall not ba
20 ec mooed txtii a dissatisfied fvliceran's aneal has beer. hesri and acted on t -he
21 C.rvd s s ion..
22 16) f 0) 1 Except as prav'.ded by this Act ream:dint persons selected ?e:
:3 Lcssiticr- L P e elassificeti~:, or classifications irrediately below that of ief ar
24 Dept: ,t Head, no ();el fir r= shall be eligible for prctotim tir.less he has served in
25 such De,ar-.-=t for at least co years at any tIm prior to t'.^,e day of sLC=
:6 p:O:rotioral exw-Inaticn L-1 the rem: Icsnr pcsiticm or other posaims speciried :'.9
27 Cxmission, and no person with :91s thar. fc%r (Z) ;feats' acval serAce it r__,
23 Depart:•: shall be eligible for pronotim to rank of captain or its equivalent. :a
29 ,olice^v shall be eligible for ;nmeian xless the politest has se::ed L1 the
30
i0
I Departtru for at least two (1) years itrediacely preceding the date of she prtctiw al
1 w aminatfon in the next lcver position or other positions specified by the cccnissio:,
3- exceot_as provided by this Act reaardire_cersons selected to ocroy positions Ln the
4 Classification or classifications L-rediately below that of Chef or Departr-enc Fx-td; ar..d
5 no person with less than four (4) years' actwl service in the Depara~e to OAll be
6 eligible for prsetion to the rark of captain or its equivalent excevt as =.%-ided by
7 this Act regardi:e cersons selected to oc=,: positions in the classification or
8 classifications L-rediatei-+ belcv that of Chief or De^a.-mot Read. Provided, he.+ever,
9 that the requiremrmt of ro (2) years' service in &.e Fire Depart-Ant at any cL-* prior
10 to the day of protntional ex.=1nation shall not be applicable to those persons recalled
11 on active -military duty for a period not cc exceed twency-fan (24) oonths. The Polite
12 Depar=ent's re,sirmw t of r4o (2) years' service irr*diately preceding the date of &A
13 prorrotional axw1nistion does not apply to persons recalled to active -military du;f fcr a
14 period not to exceed c.*er,rj-fogs (24) truths, S=h persons shall be entitled to have
13 tine spent on active military duff considered as duty in the De;ttiz=a;t concerned.
16 him+ever, any person .ftse absence for active military duty exceeds vwelve (12) -months,
17 shall be required to serve ninety (90) days uron rez.^-ming to the %Part:)kn.. before he
I8 shall become eligible to partic1pate in a prsoticnal exsiraticn, rscn period of tic to
19 be considered essential for bring1rS hiss up to date on equiptnt and tec,:~i,~es.
20 (7) ( (0 1 :b person; shill be eligible for appoince,t as Chief or )1.4a.4 02 the
21 FL-e Depart of any ci-i cmir.g wde: the pre%:siors of this Act 6ho is not "Iified
22 to obtain (eii;ib:e-Eerl cer:ificatien by &,a Cocnrissia, or. Fire Prccecti.n 2ersw..e;
13 Standards and Education at the inte.--mediate level or its e;uivaler.c a.thi:n r.ao (2) ;ears
24 from the date of atooin¢et as dete^-.Lned by that Cocr.:ssic. and who has not se-red a-
25 least five (5) years as A fully paid firs-_,(t1 or in a -id-:anaces.: Sits- xs:-ie
26 in bona fide fire fi&:irg agency cf this state, arother state, or of t:.e Vri:ed States
17 for at '.east fare (5) gears prior to scoeinCxnc. "k parson ray be elig: ie fc:
28 appeia ,eric as Chief or F(ead of the Police Depar=w,, wfo is rot gallfied cb:ai. ar.
29 Intermediate Peace Officer's Certificata (ei4;lbL•-fee•eeee4f4eeearr.•syahe•Srrissser.-r
30 e~r.`erf•••.+er.e-6lilee•.lfat ~G.■~!`y.d-GL~!!Ee! 1•~l•tiE•!?,t[r~e S2EEE •:EVeE cr its
11
1 ruiralent from the c4misston on Law Enforce t Officer Stanc'a.•'s nd Edultation :ith:.ft
2 r.,o (2) Years free: the dace of anooin=est as decezadrud by that Cccsissioa and :fio has
3 sot served as a bona fide law enforcwent office: for five (5) years or in a
& tdd- i a=+es+c or hi''er oosition Ln a bang fide Iv enforcen a enev of this state.
S anothe state or of the Vrited States for at least fire (5) years prior to aa~+ir.~ .c.
6 Stmott 7, Section 16, Chapter 325, Acts of th,e 50th Legisls=e, 1947 (Article
7 12.9W, VcTcn,s Texas Civil Statutes), is a.ded to read as folicvs:
a Sac. 18. ;he Chief or veld of the Fire Depar=*nc or Police Deparcen: o. the ci-r
9 gove:ncw_,%t shall have the pcoer co suspend indefinitely any officer or ecvloyee under h:
10 r,,?ereisias or Jurisdiction for the violation of civil service tiles, but in ever- su':
11 case the officer uking sxh order of suspension shall, withLn one hLn ed and ,.P-ncr
12 (120) hats thereafter, file a written scata•+on: with the Cocnission, giving &,e reasxs
13 for stsh "pension. and L:rtdiately fi=nish a copy her.-:f to the officer or ~Fcyee
16 affected by r ch ac:, said copy to be delivered in per== to such suspended officer :z
15 esplovee by said depart eic head. Said order of suapersi= shall Lnfor: the zr?layee
16 r2-at ha has ten (IO) days L:e: receipt of a cosy there:f, within .filch co file a
17 appeal with the Carrlssien. ire Cocrissicn shall hold a heating fr'.d-rc~.de!-a•desislr.
18 iA-wrfef.,gl witMn :lh_.- ! (30) days after it receives said ratite of appeal, -nna
19 Corrission shall, at the conclusion of the hea:: .g cr t!w:eafter, re^der a decisicr. i.
20 vritL' , Said detisicn shall state .Methe: ter•aeel the r.:apen ded officer or e r1•r:es
21 shall be petmr.ently ;e!-te!qpexarilyl dismissed or te~cralily s~s: -wed f: a the F.:e
2: 2slice Cepar=ztt or be restored co his fo.:*: position or stacs+ in the c:assifiei
a3 serice in the depa:~e:",C. Ln the event that su+h stipended a-T-icyee is :edtcrad to
2• position or eless of ser.ice fr= uhich he was r_sperded, rxh C:Ployee shall tecei•:e
25 " saa:r a::.`.e rate of pay provided for the position or class of ser• ::e +
.s.. c
26 +.hich he was suspended, for *'.a acc:al time lost as a result of such sspensi:'. A::
27 hearir{s of the C=issicn I--% case of s.sch s,=,ensicn shah: be public.
q : erenc above pr led to to fired by .e reps: ,c her. •itn . e
',•.e :Mitten sat
29 Cxrissicr:stall not only point out the ser'.-ice CJ:e allege:., *.r:e been
`
10 by the superdaj er.oyee, but shall centaLn the alleged acts of :.he et~l:;tae •`,1:'
F
1 deparm-wc head contends arm in violation of the civil ser'rice rules. It shall net be
2 sufficient for the depart t head merely to refer to the provisio^s of the rules alleged
3 to have been violated and in use the depar=+c.c head does not specifically point art the
4 act or acts complained of on the part of such employee, is shall be the duty of tl~e
S Cscission procVrly to reinstate him. In nay civil service hearing hereunder, the
6 deparc:ent head is hereby restricted to his original written suce-eit and charits,
7 shall not be amended. 14 (t-anal-re) act or acts may be complaired of by said deparrvnt
3 head which did not happen or occur within six (6) ninths ianedijetty preceding the date
9 of avspevion by the depart head; provided, hwever, that if c'ne act or acts
10 czolaLned of are dewed by statute or ordi-anct as a crimLal offense classified as a
11, felony, a Class A or Class B uisdetvaror, or w offeue invol':ins: coral wait de, ar.
12 i^.definite susotnsion tbv be ordered by the department head .ithirn six (6) 4rn-hs f-cr
13 the date the act or ants corlalred of :'ere discovered by the dexr=ert head An
14 indefinite sw:e-sion based on an ac: or acts defined as Inv of Chase crLmLna'o~ferses
15 tay be ordered by the de:armv--.t head bevtrd six (6) c,ontls after disccv'er: of •'•e ace o-
16 acts by the de:a::,en: head if delav is deened necessa--v by the deaar=*nt read to
17 pracec: ar;r t7irLnal Livestiration of the ec=lovee's conduct. but surly if the ee:artzenz
18 head has filed a state:,ent describL,a t.'',e cr'imLal inyestigatitn and its ob`e:ti-:es with
19 either the Director of Civil SerAct or the chief execvaive of the c iv or the air=.
20 of the Civil Ser.•ice ratr:sst.n within six (6) tenths of :he e^i:vee's ac- :n a::s :r
21 discover: of ruh act or acts by the de`-.-vrt head. No a l:yee s'-all be s-,t:eidk or
22 di1=15sed bur the Gaissi:n ex:ypc for violation of the civil ser.;:e rules. and ex:e:t
23 upon a finding by t..e C-xclssior, of the *-r:th of the specific charies a.aLnat s'-V-1%
24 etployee.
25 In the event the Cardssir.. orders that such sspended etrloyee oe rast:red to h.s
:i position as above prof:ded, is shall be th,al duty of t.'ne depars,enc head to 1.-re41i:e17
27 (W reinstate him as ordered and in eve-: the depart:-int head fails t: co IA.. the
:1 employee shell be entitled to his salary lust as theAh he !ud Cea^ reg%ilar reL-starec.
29 Ln the e':e;t s•.xh depar-,c c head ' 1:11 re~-Asj :J obey t'm ':rte.'s
:3 reLnstaterent of thie C7=,Ij3icn, and rzh raf"_3a1 ;eraists far a zeri:d of cei' C.:) 13
s
1 it shall be the duty of the chief exacutive or legislative body of the city to discharge
1 such depa--xmc head fr= his erployment with the citf.
it•.e Cacdssion ray punish for concept any depar=ne head who wilfully refutes co
s obri any lawful order of reinstate--=t of the Carission, and such Cocrissi= shall have
5 the saro authority herein to pmish for contecpt as has the Jwtice of the Peace.
6 SELMON S. Section 20, Chapter 325, acts of the 50th Le.:s1.:u:e, 19+7 ;Article
7 1269.. Ve-x+n's Texas Civil Statutes), is worded to read as fcllcss:
8 Sec. 20. The heid of either the FLe or Police Depart`wrc shalt have the px-.per to
9 dente, or sus:er~d for diseiplirar± poses for reasonable periods not to exceed fifteen.
10 (151 davs, any officer or etoloyee under his jurisdiction or suotreisior.t and t ht Chief
11 or Head_ of ttp Polite Deear,: w..: shs11 have the p(Mr to assim to "~s came^sa:e: c4:tr"
12 cty officer or etololrste order :mss risdicticn or rverfision (stopt-nd-s.Ry-ti ieer-er
13 e"leyee•wrdes-Ms•}YS4sditties -or-seaesti#eitmI for discipllmtr,: purposes, for :easorabl:
Ii pericids, not to exceed fiftetn (15) days. Provided, that in ever! such case. the 6epar:-
15 mnt head shall file with the Carissior. withL~ one hnrdred and c.wty (120) hat=s, a
16 written. stamne: t of action, (r•snd•!ke-5rrfssfer.•s}s}}i- er•appesi-tssr-_1e-s~Penda!
I
17
eEileer-et•}eyees.ke}d.s•ts~ile.rearms-de•.5e:!kn•}=•ef-EMis•Aest••~ne-xer4ss}er,
1A she}}•de!e~i~e- e!}e:-}ssa-es e-exis!s-e}!erefeel. in &.a ever: the dep =gn: head
19 fails to file said s:atetie.•nc with the C.acissior wi:hi.i one h,r.:red and ;1:0)
20 hays, the der-oticn. rj;"ion, or assiare".t to urccc eo sated du shall be void a.•td
21 the s-Oicyee shall be entitled to his fill saIa:~. On appeal of a d m:ix. 4-
22 disciolL-ari ":ensi•cr from the officer or etn:cvee, the Ccmissi,-, shall hc:3 a p~lic
23 hear., .r.der Section 17 of :his stet The Cacissicr ,hill have the pe.•er :::a:,e-se .`.e
24 decision of the depart head r.d to instruct h_-, _o ~rediately (!e; restore such
115 ep~l:;ee to his positicl. or ;-'or position L cases of dcac:ice art.s
26 a:,-lcyee for a•.y lost wages. 6 C.zrissicr. finds that the period of disci_1_ ar;
27 r.apersion should to reduce:, it ray crier a rtdu-cticxn in t`,e peri.-d.css:esan.
«S the r:en..t rut.': dra ,:+e-t head ro°. es :o obey ch.e crder of the C-xr-.:ssicr, then :ha
.9 pre :si:,ns '1:h reference to salaries of -he crlrtees and :c the discharge -he
30 depar=•+ea: head as ;ail as L'^e :t:.er pr.;aLw.s of Sealer, 16,
1%
I of tw.e depumc head, shall apply.
2 "tlx- sated duty" mans days of polite work without say, pe:forged by an officer
3 or emlcyee of t`.e Police Deoarment in addition to his rexsiar or normal work davs.
4 l4+caapmsated duty shall not be i'oosed by the Chief or Head of the Police Deoartrw.:
S without cmmwrence of the officer or etaleyee, xd may be in 11rs of or in cocbinatits
6 vith periods of disciplinary "Msicn without oav, orcvided, hcwever, that L
7 uneae,wuated duty is to be ccrbined vith a disciolira_-y "t#.nsirn, the total %u er of
8 davs shall not exceed fifteern (15). The -written sute s_nt shall srecify the date or
9 dates the officer will pe:fort uncccy nsaced doer.
10 Mode an officer or errloyee is suspended or xrfoni-c trcccrensated duty, he s!•41I
Il not e= or accrue any wage or salary, nor oche: benefit arising free ILrath of sem-we.
12 A disciplinary suspensiom shall not crostirste a break in a contilu" positim or
13 ser.-[ce in the deur=Lenc for rc--;~ses of dete .,L:-ALng eligibility for a promcicrul
14 exsi^atioi. Days an offi)er p#rforms assiued mc=r-msaced dory stall not be taktl
15 into considers:ion in dote= ning eliai5!iity for imcorioral exsiraticn, Except as
16 herein prodded, sr. officer or esmleyee perfor-inr, assired esctt;ensated duty shah's
17 assess all ri is and_;rivileges of his positi:n witii, the Police Cepa:m r.d
I3 erala.ca-me .it.4ir, ad city.
19 SECT-&W 9. Section 26, Chapter 325, Acts of the %th Leg!sla, e, 1947 (A title
20 1:59x, Vernon's Texas Civil Statutas), is tended to read as follows:
21 Sec. 26. Pe-Arent and ce=rar,+ e=pioyees Ln t..,e classified service s=a:l be
22 sllcatid a total of sick leave with full pay cor=ted -zpm a basis of re and c:.e• ~ .h
23 (1-114) full working days al:a+ed for each f.:11 :nnth e:vlcyed in a calends: -,-air, so as
26 to tcul fifteen (15) '.+orking days to 4n e=lryee's credit each twelve (1:) ocr.tts.
25 Ecpiopees stall be allta-ed to ac=LAate .'Uteen (15) vrr<L-,g da-, s of si:< leave
25 with pay Ln on* (1) calendar yea:.
27 Sick leave with pay uy be ac:rslaced witna.:t limit and tay be used wi;f:e ar,
29 ec;Icyee is t.-Able to •oork because of any bona fide illness, :n the evert ::-a::-.e saw:
29 eq:oyee ca: concbssively prove that the illness was irc- red while Ln
30 du:ies, an extension of sick leave Li case of e•:a.sti:r. of :L'e stag: be 3-a::e'_.
IS
I In the event that a Fire= or Pcliceran for any reason leaves the clas3ified
2 service, he shall receive, in a lup an pay=t, the full ecoune of his salar+ for t e
3 period of his accumulated sick lmv, provided that if the Firetm or Poliman has more
L thmi ninerl (90) %jorkirg days of accumulated sick leave, the employer rav 1i.i: the
5 payt=t to teat sum equal to the suo that the employee would have been paid ha. he bey
6 allc%ed to use the ninety (90) Lys of acesvlated sick leave during the Us. s:x (6)
T =L %,j of erplov=t. Prmided, ho w.,er, that swN pa)-m-nts shall not be bast: s. % , core
6 than nirerf (90) wrking days of accwulaced sick lesre. the lup-sera paycent provided
9 in this section is calculated as follevs; the employee is eocWsaced for the
10 accumuleed cL-* at the hig est perunenc classification of pay for uhich the eoleyee
11 was eligible during the last six (6) musty of e_•ployrant. the e:plovee is pail. for the
12 sane period of brie the cployee weld have been paid if the sick leave had bee.- taken
13 but excluding additional holidays and an- sick lea:•e or vacation ".-e :Bich :`r e.pioyee
14 tight have accrued during the s,L.e i (90) working days.
15 If an active Fireran or ?olicwan dies as a result of a line of duty in,%:r: cr line
16 of duty illness, the entire anon: of his acesulated sick leave shall be poi. a;
li provided in this section. Provided, that in order to facilitate the settlwwv.t of the
16 accounts of deceased erleyeas of the Fire er ?olice 0epar =eats, all t paid :re:sati.,.
19 due such arloyee at the cim of his death shall be paid to the person or pers.-s
20 rr-,ivir.g at &.4 date of death, in t!-.e folic~ing order cr prece.erce ar d rx` :a; ~e-.ts
21 shall be a bar to recovery by a..r other p~rscn of cu..=j so paid.
2" First, to the Lereficiar/ or beneficisries desi aces by the = loyee
23 receive stir comrr.saticr,, filed : th the Civil Seritt Sotrlssicn prior to the
24 death:
25 Second, if there be no such be.efidary, to :h.e -.i:c or .;dcuvr :f sun. ~-al:yee;
26 Mi.-d, if there be no such mr.eficiar! or snrri.s; spouse, to --he &I.Il :r :'hi:dreg
27 of such etployee, and descendants of deceased chilim, b,r represz:,tati=
29 F:t:rth. U none of the above, to :he parents of rich e:plcyee, or of
29 them:
30 Fifth, if there be none of :he &!>cve, to :he duly a:wined legal mprese:a:,ve zm:
'S
I the estate of the deceased employee, or if there be none, to the person or persons
2 deterchiaed to b entitled thereto under the laws of descent and distribution of the State
3 of texas.
b Provided that all such cities taming under the provisions of this Act shall provide
5 injury leaves cf absence and line of duty illness leaves of absence for Firwen and
6 Policemen with full pay for periods of sire temensmte with the nature of the line of
7 duty illness or inju:ries for se least one (1) year. At the rxpiraciaa of said one-year
8 period, the City Council or governing body may extend such Unt of ducf illness or injury
S leave, at full or reduced pay, provided that in cities that have a Firece 'a or
10 Policeman's Pension Find, (ehael if said injured emloy" 's salary should be re&,ced
11 below sixty per cent (69Z) of his regular oonthly salary, slid ecployee shall have :he
12 optic, of ')eirg retired on pension until able to return to duty.
13 if lure are no pension benefits available to an employee uto is twporarily
16 disabled by a lire of durr injL y or ilir:ess and the year at full pay and any exteruiors
15 ua'uiu'h may have been granted by the eaployer hsve expired, &..e employee moy use
26 accusulaUd sick leave, vacation tire. and ocher accrsed benefits before heirg se aratrd
17 ffr= the classified service (e ernsily-piseed•eR•ieavel.
18 If an employee is tecporariiy disabled by Ln injury or illness not related to the
19 ezployee's lire of duty, &,e etaloyee may we all sick leave, vaca:icn tine, and any
20 other tare c<.e etplcyee may have acc=lated before being placed on =said Iee rereryl
21 leave. After an e=icree has besn or unpaid le.-;e for nirecr 1991 da•:s, his :rsitien
22 shall be ceclared vacant and shall tt fi.ied b•i zerme-,t &Dnoin=ar,: under lhf
23 pm-Lsiahs of this Act.
24 If, after (Afters rrcove:l from a temporary disability, a Firt ao :r Poii;e-a;
25 applies for reinstatecert, he shall be reinstated in the classified service at t•L,e s.=
26 rank and with the saoe seniority the person had before being placed (3eLnjl on ,said
2' {s-em"eesyl learet {Ti provided, ha;ever, that if the colovee's " itim has e-e•:ions:%:
2P been declared vacant and fill-d by ;e-anent a_ooLc,P^t the ~-1^vee s`al' x, `
29 unpaid leave and teLnstaced only at;en a net; vacancy occ:s it she -ax the mm •yea
30 prriously held. If a vacancy exists in a ra-k belc: that -he ecrl^ve: pre.: ~slv held.
11
i
I the emloyee cvey accept reinstatwinne in such Ic;mr rank with the sage seniority t11-&-
2 aployee )-ad, but the acceptance shall constitute a waiver to and relinquis'-Mme of anv
3 claim or riRkt to reinstata=t at a hither nark. [Anse}er-Firm-er•Fe34t~er.-My
4 volbinurily•de-eke-work-ef-e.A-i.Ajued-er-i13•Firesm-er-Fslfegea+-wail-she-FiF -er
5 Pelieexn-renwns-ee-werk:l
6 As used in this section, the term "te=orar., disability" reans a physical or renal
7 inlurv or illness :fiich orr:eats a Firerz, and Policeran fret performing any duties teat
8 =y be assi_red Ln any divisicn of the Fire or Police Departrents and that does not
9 crosticuce a veryanent disabilir+ under Section 9 of this Act [geirs-en-ter'erary•lesvel.
10 SEC&-ION 10. Section 27(b), Chapter 325, Acts of the 54th tegislature, 1947, as
11 zmnded (Article 1269m, Vernon's To-us Civil Statutts), is amended to read as foikwi :
12 Set. 27(b), in any ciri in .Mch the previsions of this Act have been in effect for
11 a period of one (1) year, if a petition sinned by not less than (e!l cep per cc^t .(101) of
14 the qualified voters vetL-s to the last precedLng =wral ele-:tier. in (ail rith ci;v
15 shall be presented to the governing body of such city to call an election for the re;eai
16 of the addoticn of the provisions of this Act, thei and in that avowt, the gre-iirg body
17 of such city shall call an election of the qualified voters to deternLne if they desire
lA to (tkei repeal such adoption (pFevis4er.sl. If at said election (Pitildl a ra;cri:i of
19 Pl.e votes cast shall favor the (gYal4fitd-veetrs-se-vets-!e1 repeal of su:h adapt+an r6e
20 previsie-tai of this Act, t`;e:n the provisions shall becmv roll and void as to such city,
21 '7e question o}uich shall be shitted to the vote of the laiified electors shall read as
22 41
1It :
401
23 FCR or AG ZONV ne foil^:.nR:
24 Repeal of the adoption of zhe Fireren's and Policerp--.'s Civil Se.-Ace Act.
25 the adooticn of this Act ;ay be repealed as ca eit`.er t':e Fire :e_artmr: the
s 26 Police Ce;ar-emc, or to both rsch Dear=,ts. 1f reseal of the adcpticn of this Ac-
e' U ap ,ved, is 1L-dced to only t~,e Fire Detaztzvt+t cr curly the Police the
,69 peticica filed with the tcve:n'r.g body and the e:ecti.-r, bal:ct shah: sped v
29 deoar:er.t -i11 no longer ;e c7aered by rhis Act.
30 il•e date for .f•.lch said slec:ian shall be cai:ed shah: be :he firs: date a•.:hors:eC
13
I by V.A.T.S. Election Code, Chapter 2, follWing the filing of such petition pith e
2 ~rrern'.^.R body of the ciCVt provided, however, Out if the first authorized date 3oes nct
3 allow: rafficlent tire to cowls vith o&.er reauire:nts of law, the election shall be
4 called for the second authorized dace follew+ing the filing of such petition.
tAri:le
5 SECC.'CN 11. Chapter 38, Acts of 49th Legislature, 1945, as me: ded
6 1269p, Ver+on's Texas Civil Statutes), is wended by adding Section 6C to read as
7 fpllatS:
8 Sec. 6C. tbo Nino, to this Act prohibits the chief or head of the police depar°r ct
9 floc assigning a Eclicetun under his luzindiction or supervision to wrk periods of
10 %next sated Bury, as defined by Sectio 20, Chapter 325, Acts of the 50th Lezts:a:%--l,
11 1947, as scanded, (Article 126%, Ve non's Texas Civil Statutes). A period of
12 tr4wDLmssted duty shall not be considered or otherwise taken Into account ir. dews=-Ini^.a
13 cotplimce with this Act. nor shall the provisions of Section 1, 3, 3a or 6A of --~.:a act
14 apply to or include periods of uncoccensated duo/_ _to uhich a politer is assire,_.
15 SEL' ON 12. Subsection A, Section 14, Chapter 315, Acts of the 50th Legislar re,
16 1947, as cwv Gwd by Section 1, Cawner 258, Aces of the 66th Legislat.ae, 1979 c.L :icle
17 12690, Verron's Texas Civil Statutes), is repealed.
is SECT ON 13. Section 19, Chapter 325, Acts of the 50th Legisirrzt, 119•' (,L-acle
19 126 Vernon's Texas Civil Statutes), is repeated.
20 SECT1Ctl 14. This Act takes effect Septerber 1, 1983.
2i SEM1,0N 15. ;he irvortance of this legislation and tie :tviced ccrditiz a::U.e
22 csle^dars in both houses create s:: eneriency and awn L-teracire public nt~-ssi-r --Az the
23 constirational tale rewiring bills to be read cn three several ays Ln each tx..sa be
24 "pended, and this tale is hereby t,apended,
25
a5
21
29
29
30
19
R E S o L d T I o N 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTOY, TEXASs
WHEREAS, It is one of the basic responsi.(lities of the city
of aenton to protect the life and property of Its citizens
through the operations of effiolents tellable and affordable
police and fire departments) and
WaEREAs, it is increasingly evident from more than
thirty-five (35) years of experience that a major barrier in the
City of Denton's way in providing its citizens with the best
police and fire service possible is an antiquated state Iaw
commonly known as 1269m which dictates to cities how officers
and firefighters will be promoted aA disciplined without regard
for local circumstances; and
WHEREAS, there is documented evidence from all sectors of
the State of texas that the °ifty-five (55) cities which today
are under 1269m have seen their police and fire chiefs
transformed from managers into admtntsteators by new limits
lobbied into the law every two years by unions representing the
police officers and firefighters; and
WHEREAS, these increasingly harmful provisions have made
1269a a law which fosters wasteful expenditures and inefficient
management at a time when cities see revenue dwindling; and
WHEP.EAS, after long study and due deliberations, the
fifty-five (55) Texas cities under 1269m are joining in a
concerted effort to amend tha law in the upcoming Legislature by
giving police and fire chiefs the power to manage their
department, but to retain portions of the law which give civil
service employees necessary proteetionsp Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF TAE CITY OF DERTON, TEXAS, THAts
SECTION I.
The City of Denton, Texas, believes that it is time to
return common sense into Texas Police and Fire Stations by
PACE ONE
amending 1269m to allov police and fire chiefs to manage their
departments more effectively through the appointment of
qualified deputies of their choice, use of improved promotion
sybtem techniques, more reasonable disciplinary rules and other
relevant changes.
S_ TION- It.
That the City of Denton, Texas supports the Texas Municipal
League's 1269m Task Force aaendments to 1269m because it does
address issues which will return management back to police and
fire chiefs.
SECTION III.
That the City of Denton, Texas, now calls on all Texas
Legislators, especially thos,3 representing the citizens of our
city, _to _support- the Task. Force Legislation which makes the
necessary-changes-to-1269mr,
"SECTION IV.
That every citizen of this City, every business and the
Chamber of Commerce, plus other organizations, take a stand in
:favor°oir::improvements- to-1269A--which will return common sense
back to Texas police and fire stations.
PASSED AND APPROVED this the 7th day of December, 1982.
RI R RD ART, NAY
CITY OF DENTON, TEXAS
ATTESTi
V2CXI WESTLING
DEPOTY CITY SECRETARY
CITY OF DENTON# TEXAS
APPROVED AS TO LEGAL FOd.Nt
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OFF DEENTO-:~N, TEXAS
Byt x _aA
PAGE TAO
b ~
AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
December 21, 1982
1. Receive a report on the Denton Sesquicentennial
Committee activities.
2. Approval of extension of the employment agreement with
the City Manager.
3. Approval of extension of the employment agreement with
the City Attorney.
4. Approval of salary adjustment for the Municipal Court
Judge.
5. Approval of Bid # 9072, Wire and Cable, Item 5.
0533C
.
.
COMMISSION STATE; DEPARTMENT OF 1IIGH1YAYS ENGGVEERCrAECTGR
A. $AM WALOAOP, CHAIRMAN AND PUBLIC TRANSPORTATION M. G. 0000E
oiwlrT c. GREER P. O. Box 3067 Dallas, Texas 75221
RAY A. EIAkNHART November 23, 1982
Farm to Market Road Redesignations
Denton County
DEC 1 3982'
Mr. G. Chris Hartung
City Manager
City of Denton
Municipal Building
Denton, Texas 76201
Dear Mr. Hartung:
This will.aclmowledge your letter of May 20, 1982 concerning the
re-routing of F,M, 2181 from the current designation along Teasley
Lane to a new location along -Ridga„ay Drive 'to be constructed by
the City.of Denton that would intersect I.It. 35E at the existing
"'--T.oop 288-I.11. 35E interchange, 4,1e regret that we have delayed our
response beyond the tine when your Planning Comission desired to
review this proposal; however, as you indicated in your letter,
this is a difficult proposal for our Department to answer,
In response to question number 1 and 2, wo offer the following
co:rments :
1. The re-routing of F.M. 2181 along the proposed relocation
along Ridgeway Drive to intersect with Loop 288 and I.H.
35E appears to be satisfactory and if the hightiay facility
is constn:cted by the City of Denton prior to the redesignation
with a ftLnction classification as a secondary arterial,
District 18 vould be agreeable to reco.nnernding and st>.pporting
this redesignation. OMOLUlY, this will require as a runiMLn.
approval by our Department's Arlm.inistration at State Head'jUarterIs
level.
2. Once r-M. 2181 is re-routed and become; a part of the state
flighwiy Systen, and our Department assLrnes maintenance o the
pavement anrt its support, program fturds required for construction
required to increase capacity will be subject to program
prioritization based on both the overall needs of the State
of 'texas and District 18. For existing State maintained
facilities, capacity irq,rovenent prioritization trill norrally .
be based on the following criteria:
Mr, G. Chris Hartung
November 23, 1952
Page 2 ,
1. Traffic generators such as large residential areas,
shopping centers, etc, served by the road<aay (both in
number of degree of importance)
2, The average daily traffic for the roadway today and
traffic projected for the time that the capacity improve-
tnents are completed and for the year 2000
3. The estimated driving hours saved per day if the capacity
improvements are built
4. The projected population growth bt the county where the
project capacity improvements are to be constructed in
relation to population growth in all other counties
obviously, this criteria will cause those proposed projects in rapidly
developing areas to have a higher priority than those that are experiencing
a slower growth. We are unable to predict the time when funds would be
available for widening the two.lan facility proposed to be constructed
by the City of,Denton;_although, as demonstrated by traffic operations
on F.M. 2181 (Teasley Lane), traffic volumes on a two lane road of 6,000
-to 8,000 ADT with peak hour-volumes of 104A will create substantial
delay in travel times- Therefore, in direct response to your question,
the position of this District would be to give consideration to widening
the relocated F,M, 2181 at the time when traffic: volumes begin to create
congestion and undesirable operating conditions contingent upon the
availability of progcam-fmds for a project of this type when co,-pared
%Ath the overall needs of the District.
Please advise if we may be of further assistance,
Yours very trttly,,
1
Robert L. Yielding
District Engineer
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CITY OF DENDON
MFI DRANDUM
TO* Rich Svehla, Assistant City Manager
FROM: Greg Wwards, City Engineer
DATE: September 7, 1982
SUBJECT: Report on Sam Houston School Zone
We have been concerned with pedestrian safety to the new school ever since its
location was announced. The type of facility along with its associated vehicle
uses are not desirable for pedestrian access needs, which the school ruires.
Both the Planning and Zoning Camussion and the Citizen's Traffic Safety Support
Commission have studied this area carefully and continues to monitor thesituat=on. ll
The Planning Cc:rmission has recanrended the sidewalks, which were provided prior r
to the opening of school, in order to make access under the existing condition,
as safe as possible. They have also considered ways to change the roadways in
the area to more saf-31y accomiodate the pedestrian access. The updated Thoroughfare
Plan shags the proposed Ridgeway Drive connecting with FM 2181 (Teasley Drive) at
a Tee intersection.
This would force drivers from the south to care to a near stop, to rake the turn
at th3 in:ersection, which we feel, adds to their ability to recognize the school
zone as they travel from the rural to urban section of this roadway. This change
will require cooperation from the City and State in conjunction with development
of adjacent properties. We feel that the rroposed geometric change will be the most
significant safety feature that we can recomwnd.
The Traffic Safety Ccrrrd ssion looked at the area in the Spring and recommended
that a school zone be designated. The 35 MPH school speed zone was the lowest
speed limit which could be justified by law. The Highway Department has indicated
that they will do a speed limit study in this area shortly after school starts, to
see if the speed limit can further be lowered. The Traffic Safety Camlission will
rake their reca3ren&-ition to you as soon as possible, after we get the results of
the HiglTday Department speed if mi.t study.
So far, I feel that the City of Denton has done everything within its legal limits
to assure safe pedestrian: access to the Sam Houston Elementary School. We are
proceding under the guidelines of the Texas Manual on Uniform Traffic Control
Devices, as it pertains to, further study, and current markings. In view of the
tact that oversigning can be just as dangerous as undersigning, I feel that our
c.irrent markings afford a very good level of safety. We will continue to evaluate
the markings and continua to review all suggestions, to optcrd ze efficiency and
safety in this very critical area.
Sam Houston School Zone
Page 2
We expect to be bringing You reoomoendations on the speed from the Highway Department study is available, and reoommndations on geometric
changes as development occurs. geometric
If the Council has any additional conoerns in this area, let me know, so that we
can try to gather tla appropriate information to assist than in the decision
fin! Process.
Very truly yours,
.,,4 4~eee~tve~
ds
GE/yg
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MEMORANDUM
Date: September 8, 1982
To: Rick Svehla, Assistant City Manager
From: Charles Watkins, Senior Planner
Subj: Ridgeway Drive - Teasley Lane
Attached is a copy of the minutes of the Planning and
Zoning Commission study session when Ridgeway Drive
and Teasley Lane was discussed.
CSW:sr
MINUTES
Planning and Zoning Commission
Study Session
April 28, 1982
This is a special called meeting of the Planning and Zoning Commission
held at 7:00 p.m., in the Manager's Conference Room, 215 B. McKinney
Street.
Present: Andy Sidor, Linnie McAdams, Carole Busby, Robert LaForte,
Marilyn Gilchrist and R. B. Escue. Staff present were
Steve Fanning and Greg Edwards.
Absent: Bob Woodin
I. Discussion of land use intensity policies
Steve fanning reviewed the land use intensity policies of
the Development Guide as set out in the "Technical Appendix
to the Denton Development Guide - Guidelines for Application
of the-Land Use Intensity Policies" with the Planning and
Zoning Commission. Steve also handed out a discussion memo
about a future major policy determination or whether or not
to use existing zoning or existing development in intensity
calculations. A future work session to discuss this issue
was recommended.
II. Reconsider Thoroughfare Plan
FGreg Edwards advised the Planning and Zoning Commission that
this matter was being brought to their attention because of
inquiries received from the Presbyterian Synod concerning
R.O.W. and alignment of proposed Ridgeway Drive and because
of a letter received from Gilbert Bernstein asking the staff
to look at this area due to school safety consideration at
Sam Houston Elementary.
Greg also stated that due to con.:licts in the last two City
Council. actions in this area namely: 1) 60 foot R.O.W. for
Ridgeway Drive in c rooval°of~Ythe ThoroughfatrelPlanoinclurded
zoning case and 2) app
in the Denton Development Guide which shows minimum R.O.W. of
80 feet. These considerations, along with the development of
Sam Houston Elementary School in the area, has made it diffi-
cult for the staff to make firm recommendations to prospective
developers of this area.
Planning and Zoning Commission
Study Session
Minutes
April 28, 1982
Page two
After discussion wit!- the Planning and Zoning Commission, the
following development requirements were tentatively agreed to:
1. Require sufficient R.O.W. dedication for T-intersection
as shown in attached drawing.
2. Require 80 foot R,O.3~., but limit construction to no
more than a four-lane facility with additional turning
lanes. ,
3. Consider re-designation of Ridgeway Street to FFf 2181
which would turn the portion of Teasley Lane from Dallas
Drive to the T-intersection over to city control and
maintenance. This would facilitate developer construction
of a two-lane road at the present time and would make it
the Highway Department's responsibility to widen the road
when priority and funds are available. Under this option,
the Planning and Zoning Commission felt that the developer
should be required to-escrow-the difference between con-
struction of a two-lane road without curb and gutter and
L2 standard City of Denton curb and guttered street.
The Planning and Zoning Commission asked staff to coordinate ,
with the Highway Department and get written committment from
them designating their participation before further consideration
of this matter.
Meeting adjcurned at 9:00 p.m,
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DENTON,TE817/382-2NDITI December 17, 1982
TO: City of Denton
215 E. Mc Kinney St.
Denton, TX 76201
ATTN: Mr. Chris Hartung
City Manager
SUBJECT: City Council Meeting (December 21, 1982)
We request that the enclosed letters be brought to the
attention of the City Council before awarding the contract for
the renovation of the Heating, Air Conditioning and
Ventilation System at the new Central Fire Station (Sid No.
9066).
Our bid on this project was the lowest bid received and
we feel that the equipment and installation we have proposed
are equPl in all respects to the specified items. The
equipment, in fact, is manufactured by the same company and
simply sold under another brand name and painted a different
color. In addition, our standard warranty on new equipment is
one full year on all parts and labor, which may not be
provided by the other bidders.
Thank you in advance for your assistance in this matter.
ours,
Sincerely }.~yLZZ4
J rV - SJeh enG. KnIaLt
President/General Manager
SGK/nk
Enclosures
cc: John Marshall
(Vogt K HEATING - R ESIOENTIAIrCONMENCIAL INDUS T44L,ICE MAWtRS W1 NOOM VYITS •PARTS,ACCESSION IES-MOTORS Sy-
602 FI.Worth Drive
DENT ONJEXAS M201
8171382-2229 DEN • TEX
AI C
December 17, 1982
TO: City of Denton
215 E. McKinney St.
Denton, TX 76201
ATTN: Mr. John Marshall C.P.M.
Purchasing Agent
REF; Changes to Environmental Control System at Central Fire Station
It is our understanding that Den-Tex Air Conditioning Corporation
has not been selected for the renovation of the air-conditioning system for
the Denton Central Fire Station and that a higher bidder is being presented
to the City Council for approval on December 21, 1982.
We understand that the selection has not been based on the lowest bid,
technically acceptable with equal or identical equipment, but was based on
the brand name even though our quoted equipment is the name in all respects
as called out in the specification, except for the brand name. The Payne
equipment which we quoted is manufactured to the same specifications and
manufactured in the same plant on the same assembly line, The color of the
equipment and the brand name attached to it should not have been a factor,
in our opinion. The original fire station equipment requirements and
specifications called for YORK equipment to be installed, and a change must
have been allowed then since Carrier equipment was installed.
Our warranty for this installation would be our standard warranty for
all new equipment we install: one year on all parts and labor. We provide
this warranty regardless of the warranty provided by the manufacturer. The
warranty for the remaining years for the compressors in the relocated
condensing units would be guaranteed and handled by Den-Tex Air
Conditioning Corporation.
The equipment. part numbers referenced in the Invitation to Bid are
Carrier numbers for units that are used as multipurpose packaged air
handlers. They are direct-expansion fan coils designed to perform with n
wide variety of remote split-system condensing units and heat pumps. The
some applies to the Payne units we have quoted and they are directly
interchangeable with Carrier.
As referenced in Paragraph 10,13. of your laid Specifications, "Upon
completion of project air conditioner, heating and ventilation units must
equal original efficiency ratings." Since the equipment we had proposed to
provide would be in every way technically equal to the Carrier units all
efficiencies would be as specified, or better.
{VOPRIK HEATING- RISIDENVAL-CONK[RCIAI•IN:t;ATRIAI-IC EMAKERS •MINCO'AUNITS -PARTS -ACCEA10RiU• MOTORI IT-
City of Denton
December 17, 1982
Page Two (2)
Carrier Consumer Products, Payne/Day & Night/Bryant are all owned by
Carrier Corporation. A lot of equipment and parts are directly inter-
changeable within this family of companies. Only an individual who is
directly involved with and knowledgeable about each brand might realize
that the basic difference is only price, color, and name tag for most of
the commercial equipment manufactured by these companies. Please see the
attached Carrier Corporation organization for this relationship.
In our letter of November 29, 1982, which we provided at your request,
ue requested that we be informed if there were any technical questions or
items which we may have overlooked so that we could provide assistance to
resolve any area of doubt for this project. It would appear that we should
not have assumed that individuals with technical expertise would review our
quote.
The Central Fire Station is not very old and already major changes
must be made to the HVAC system. These changes cost money and we think
that they should be made at the lowest cost, technically acceptable, and
with the best warranty coverage. If all these areas are met then not only
does the City of Denton benefit but so do all Denton taxpayers.
By copy of this letter to the City Council we are requesting that a
review of our Proposal be made before any final decision is made on
awarding an contract for this project. In no way do we want to cast
aspersions on any individuals or organizations, and w_* do understand that
the City "reserves the right to reject any and all bids". However, wP do
feel that we are obligated to bring this to the attention of tho Council,
in the light of the current 'belt-tightening' situation we all find
o-irselves in at this time.
Sincerely yours,
Ste en G. Kniatt
President/General Manager
SGK/nk
Enclosures
cc: Chris Hartung
Chief Gentry
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Cw iFICAYE OF AUTHENTICITY
THIS IS TO CERTIFY that the mlcrropholegraphs appearing on Ihls F11m•FIIo
SoarMng ialth CITY `COUNCIL AGENDA PACKET _-1 j/2i/82 and
CITY COUNCIL AGENDA PACKET
Endlno with- ate
accurate and complete r.producilent of the recirds of (tompany and Dopl.) CITY OF DENTON -
CITY SECRETARY
so delivered In the regulev course of
bullnelc for photographing.
h Is further cortlAod that the mtcrophoiopraphic processes were accomplished in
a manner and on Qim which mo+fi with requlremenle of the Nellonel bureau of Standaris
FW permanent mlcrephologropStlc copy.
ratcrQ-Records COMP, Y
•
ILWM) TtCHNOLOCY AT (#QfIK cam" O*ww
PI.+ICEr1CLvAityjkrk POW- Stilts
minglon, Texas 76010