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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 I[brfir79 • • 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 Dis00e?17 p;s~ And S By~oass C.'anfocfor - r r - - Removc ekis74 Cor7 r-o/ S 5~4~ion And Wii-ii7y L RCCOnOLOCf E.tisl 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 ~pR ~s P,i 1 ,q G t P~ y4 'MG-rIY7`S ChI,T. ~enA/~y ~ •X ~MOVn f O! ~i ✓P.~'7l E' UE KCl~/K' ~~/1~~ /-/'!f'~ . ,5~ecr fired Tti & 4ess \ ~~X' Qryt~ole ~ ,d •e h'G'!C»CY ; (F~ ~ G "Pa t~:,.iY! C/1 'Pena //Y . 3 x .7S 2 _ 37. S ; X i r~ /~IrC-E N gw/v ~,~Q//y ~~e ~ crr -rc~ ~rc~ts l-e~ v%~"e o r~ Dv~rl Pa arr~er~f ~`s C'o~ s~s~enf~ de ~4c'~~r>f i.'~ f~~ck~ess • • 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 "I ~ ~ wrrMFas SrAEEr i' r 4~ W ' A.tt l 01 -s Ya'! •rrc r r i . r . • ' . as x' y w r yg ~1 At V~g Ad ;•ottr ♦ W 'T r ♦/,r4/J r I` 1'H»'1 ' •!'J flu_ t r • I it 20 • R.dfi rfr IS'~ Vr~-.~-.I_~Z1,lNtK.f~w J~a.`~ 9 : ~ to • e ~ I t I~ rt~]Lx l -~~1 / N we Uttw.• ~ 151 ilailY ! 1 14, ~ I.' ! ililz i r ~ ` 1 Y '1x 1- 1r.t•~rr.lt...' l i V r Ws 3(a ` ~cl 4! 6 ~ i~~ r ~ ljlx~ it -Wr i ~r'I--r--s-----~ ! r 30 It JO .•~!,"i • ~Y • i 1 ` J •4 i 3 i • a t' X l ty'Ip L ' 1 3ELC PUCE LOTS 2-7 { :wn0 7 r, of o! Y•1 1, 2, 7 ra :J el 6. !V1'. aGO~' Uv a v•.r CH + .r v. oy eq, a 6t.L e• e N :r'Y. Cr'o+ :any, 'tr:r 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 t t ~ : F ---a Dvw tic sue. cr~IR -~A "Ice vICAITY MAD I s~ r s • \ M1 „ ,rq M1M1 Ch co i r I ^ C 06 2 r I- a 0 772 AC5E5 c5 ~i~•?'' R ! M1~~J HOC ~ ` r44 Dry ! 4, Ql 1 'rj ,R L' ° •rM1l: 'r r e j r r o CURVE DATA EY V S - ~Y a OI4i•Sl1P is•~41. Z37i~a! ~ . IYp I SS• CS SF S2i T' 7 Z 5^\:~ , lSi~ n!. 5 ri W 22~ (1 S" 32 C. 52itC 2JSV is !!i I C V C k J C t a ~ 1 t r a I J C~akR ~ th.•CN -Ef:Whw 4Ft, F 23, C I! 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 a f • ►LN ` ~ • rK 1 ~ Y M I N Ie.w+o,... calm" caw ~ do / 1~ • 1 - IVY.. PROP'OSED' ROADWAY. RIDGEWAY DRIVe 1'.§Lm got bv ie tiro 1~' 13 - • a Il 1~ • J • ~ 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 $Cec E r1 4Q a' -82 PAM* I/-,? ,,,,ar.nr; lf.•al .v Hfr QnNfA 401£ I h.Uf# PO 044.,£.7 C 6tVrPa•rft4! 7lta• PIM 434-411 ftfrn0l R~:frpv ~elr9re4 rl1 v f Sorel wf+f r..<f, n r~cso hfw h+rtte.tL~ . fa, ~•a US y ~Avt J4w10We'rr .•r MJ f1 /H t./ ! / \ for 1 we ~.~nt ] tort I Nei tvir X rn (tJ eivr r+ ,t' 41 f r,tttli ♦ nro4Ua. Nr - lam r<.~«w /~~l'' e BANDERA Sr f 1 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 encl. RJB/db • Q C5 ® o PRo y o I. o ~ 6 ~ Sa ' A I ~ O f , 00 NN .N N... 1•.IN •N • O M•.M...N• • MN.N••.NI . 'o n ° 0~~ ii 6/4 J ` r j if 1 • ° o ' 10 14 f j .N L2 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 BYt JTADADm }Y~DC RRDCSMCN9. lV CV.M~b ~n ..n~u..+ vct per ' s x Z~ J+•1 •r>c , a 13 dk. x x aaX r h `rah „ ~~?•1. 00 J~~i J •t1 ~ ~e• j.:l~ r' i 9L8 x 01 % 004 x 09 yr, f x 9 j I '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 i 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 c~p ATTACHMENT J2 ' h P• S Try ~ / t• rasa. 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A ,y c, n v! ro w F? ta 4+ Nn M N ~Fs a N ~t CoWC0c4°-! t ov -.'~r, u u .i,- Fo0U~u0 i . 5 • r t Iw r.?. .iP ~{,~,i'.,+.1,7, ~.~,'r~ W~'JG,'~•r1i'N +,ra ~.h~''t,P"'"`',~ . +Y~~.~.1^. .C!, 1~, r,~'i,j .FF'r,... .,►S'.~/iM,•, ~r}~4 ,I Jel ((f I i 7 yr'- 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 J r i t 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, i br.11~1 s wa •Yi e. M / R e• 7} w•O ~'a f ~j cft~ t . . F K w~~ a. ' 10.•rr,. 4 l, e I , 602 Ft.Wor76os 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 Lr L. f C+ C ^J E u v n ~ p ' N a G' y, "0 N U G G tV .CT r~ ^J L u sn+ 0 'O 3 t~~ o 1+ 0 N O D O C }a u ri G `0 0 y r v Chi O t, -4-r4 3 c ,DO 0 141. P-4 _0 cr, V a 4-1 &J P-4 L.4 ~ v•.a 3 i. 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N .0. l 0 ~ r- .wy .c x'.. +°FN ~'NHS`iJ~{1..~9"°..ilT~sl~~.~~:i y~R~, 1i ~~R k'~•a•:+ ~:4 `+~1R ':Ja d~~~d 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