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Home My WebLink About09-20-1983 1 AGENDA CITY OF DENTON CITY COUNCIL September 20, 1983 Work Session of the City of Denton City Council on Tuesday, September 20, at 4;00 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 4:00 p.m. 11 Discussion of the proposed 1983-84 Annual Program of Services. 2. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-1' 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 6252-17 V.A.'r.s. Regular Neeting of the City of Denton City Council on Tuesday, September 20, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Special Called meeting of August 30, 1983 and the Regular meeting of September 6, 1983. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, A. Bids and Purchase Orders: 1. Bid # 9182 - Radio equipment 2. Bid B 9184 - Soft drinks and machines 3. Bid 0 9185 - Laboratory supplies City of Denton City Council Agenda September 20, 1983 Page Two 4, bid 11 9186 - Automatic sampler equipment 51 Bid # 9187 - Sampler laboratory equipment 6, Bid # 9190 - Roof mount air conditioner 7, Bid # 9192 - Office remodeling 8. Purchase Order I1 59600 to Shermco Industries, Inc. a. Purchase Order # 59911 to Jagoe Public for the Mockingbird and Paisley participation B. Plats and Replats; 1. Approval of the final plat of the Apple Creek Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of the final replat of block 22, Carroll Park Addition. (The Planning and Zoning Commission recommends approval,) 3. Approval of the final replat ol. lot 6A, block A, Oakhill Addition. (The Planning and Zoning Commission recommends approval.) 3, Public Hearings'; A. This is a' public hearing to consider annexation of approximately 150.5 acres of land which begins at the intersection of Mayhill Road and East McKinney Street and extends easterly 250 feet either side of the centerline of East McKinney "treet up to and including a 104 acre tract located on the north side of East McKinney Street, (Z-1590) B. Z-1601, This is the petition of Russell Trapp requesting a change in zoning from single family (SF-7) to the two family (2-F) classification on a 1,478 acre tract located between Taliaferro Street and Sherman Drive. The property has 286.8 feet of frontage along the east side of Bolivar Street and 137 feet of frontage along the west side of North Elm Street. The property is more particularly described as part of lot 2 and all of lots 3, 4, 5 and 6, block 2, Mercer Addition. (The Planning and Zoning Commission recommends approval.) 'City of Denton City Council Agenda September 20, 1983 Page Three 1. Adoption of an ordinance ap roving a change in zoning from singe familv (SF-7) to the two fam~,ly (2 classification on part of lot 2 and al of lots 3, 4, 5 and 6, block 2, Mercer Addition. 4. Ordinances; A. Consider adoption of a franchise ordinance wit: General Telephone. (Second reading) B. Consider adoption of an ordinance establishi__g minimum standards for fuel farms, fuelini operations, fueling trucks and fueling personni- at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) C. Consider adoption of an ordinance approving a change in zoning from two family (2F) to t:-:c planned development (PD) classification to pern_; the construction of a 1,628 square foot officz building on lots 1 and 2, block 5, Carroll Pa-:: Addition. (L-1599) D. Consider adoption of an ordinance setting minim-.:a wages for the City of Denton construction projects. ' E. Consider adoption of an ordinance setting me electric rates. (The Public Utility Boar recommends approval.) F. Consider adoption of an ordinance for c'-:c abandonment of an easement for the Oak Hi: Addition for Russell Trap . (The Public Utili--•; Board recommends approval. G. Consider adoption of an ordinance establish--- the residential sanitation rates. H. Consider adoption of an ordinance adopting c'.-.e 1983-84 City of Denton budget. 1. Consider adoption of an ordinance setting the Ed valorem tax rate. 5. Resolutions; A. Consider approval of a resolution approving --..e supplemental agreement of Ray Roberts La-r:& recreation contract with the federal government. ,City of Denton City Council Agenda September 20, 1983 page Four B, Consider approval of a resolution in support of the Greenbelt Corridor at Lake Ray Roberts, 6, Receive a report on the status of the mobile home ordinance. Consider approval of an option purchase agr emen p with 7, Public p&B Contractors on the Diesel Plant sale. (Th Utility Board recommends app 8. Consider amendment to the contract he with naf sthe Durham and Richardson (HDR) slurry wall at the proposed sanitary landfill site. 9, Consider approval of a contract for the City of Denton Worker s Compensation insurance. 10, Consider approval of final pa meat to Jagoe-Public for Windsor Drive in the amount of $9)950-00- 11. Consider approval of the City of Denton depository agreement. Consider authorizing the City Manager to engage Arthur 12. Andersen for services assisting in the administration of the Finance Finance Director andaAssista t o Finance h Direc for of a Official action~ on Executive Session items; 13. A, Legal Matters B. Real Estate C, Personnel D. Board Appointments 14, New Business: This item provides a section for Council Members t:- suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas , on the Y!__. _ay of 198 at o'clock a.m. p:m• CI ' ECRETAitY 10200 AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL September 20, 198' Regular Meeting of the City of Denton City Council on Tuesday, September 20, at 7:00 p.m, in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider adoption of an ordinance transferring funds from the Employee Training Account to the General Project Fund Account and amending the contract with William N. Mercer, Inc. 2. Consider approval of extending the contract completion date for a contract with AVW, Inc. Consider approval of a resolution transferring appropriations for the fiscal 1982-83 operating budget. 4. Consider approval of a contract for City of Denton insurance 5. Consider approval of a resolution approving a depository agreement, CERTIFICATE I certify that the above notice of meeting was posted on the bulletin hoard at the Cite Hall of the City of Denton, Texas, on the L~ day of l98-. at yC~ o'clock (a, m, (p,m,)l '~~1 1 CITY SECRE'T'ARY 1024C AGENDA CITY OF DNNTON CITY COUNCIL September 20, 1983 Work Session of the City of Denton City Council on Tuesday, September 20, at 4:00 p.m. in the Civil Defense Room of'. the Municipal Building at which the following items will be considered: 4:00 p.m. Discussion of the proposed 1983-84 Annual Program of Services. 2. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T,S. b. Real Estate Under Sec. ?.(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 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, September 20, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Special Called meeting of August 30, 1983 and the Regular meeting of September 6, 1983. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. bids and Purchase Orders: 1. Bid # 9182 - Radio equipment 2. Bid # 918+ - Soft drinks and machines 3. Bid # 9185 - Laboratory supplies City of Denton City Council Agenda September 20, 1983 Page Two 4. Bid # 9186 - Automatic sampler equipment 5. Rid # 9187 - Sampler laboratory equipment 6. Bid 11 9190 - Roof mount air conditioner 7. Rid ll 9192 - Office remodeling 8. Purchase Order ll 59600 to Shermco Industries, Inc. 9. Purchase Order !f 599.11 to Jagoe Public for the Mockingbird and Paisley participation B. Plats and Replats; 1. Approval of the final plat of the Apple Creek Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of the final r.eplat of block 22, Carroll Park Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of the final replat of lot 6A, block A, Oak-hill Addition. (The Planning and Zoning Commission recommends approval.) 3. Public Hearings; A. This is a public hearing to consider annexation of approximately 150.5 acres of land which begins at the intersection of Mayhill Road and East McKinney Street and extends easterly 250 feet either side of the centerline of East McKinney Street up to and including a 104 acre tract located on the north side of East McKinney Street. (Z-1590) B. Z-1601. This is the petition of Russell Trapp requesting a change in zoning from single family (SF-7) to the two family (2-F) classification on a 1.478 acre tract located between Taliaferro Street and Sherman Drive, The property has 286.8 feet of frontage along the east side of Bolivar Street and 137 feet of frontage along the west side of North Elm Street. The property is more particularly described as part of lot 2 and all of lots 3, 4, 5 and 6, block 2, Mercer Addition. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda September 20, 1983 Page Three 1. Adoption of an ordinance ap roving a change in zoning from stngle amil (SF-7) to the two family (2-F classification on part of lot 2 and al. of lots 3, 4, 5 and 6, block 2, Mercer. Addition, 4. Ordinances, A. Consider adoption of a franchise ordinance with General 'Telephone. (Second reading) B. Consider adoption of an ordinance ootablishing minimum standards for fuel farms, fueling operations, fueling trucks and fueling personnel at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) t;. Consider adoption of an ordinance approving a change in zoning from two family (2P) to the planned development (PD) classification to permit the construction of a 1,628 square foot office building on lots 1 and 2, block 5, Carroll Park Addition. ('L-1590) D., Consider adoption of an ordinance setting minimum wages for the City of Denton construction projects. L. Consider adoption of an ordinance setting the electric rates. ('The Public Utility Board recommends approval.) F. Consider adoption of an ordinance for the abandonment of an easement for the Oak Hill Addition for Russell Trapp. (The Public Utility Board recommends approval.) G Consider adoption of an ordinance establishing the residential sanitation rates. H. Consider adoption of an ordinance adopting the. 1983-84 City of Denton budget. 1. Consider adoption of an ordinance setting the ad valorem tax rate. 5. Resolutions: A. Consider approval of a resolution approving the supplemental agreement of Ray Roberts Lake recreation contract with the federal government. City of Denton City Council Agenda September 20, 1983 Page Four B, Consider approval of a resolution in support of the Greenbelt Corridor at Lake Rely Roberts. 6, Receive a report on the status of the mobile home ordinance. 7. Consider approval of an option }purchase agreement with P&B Contractors on the Diesel Plant sale. (The Public Utility Board recommends approval.) 8. Consider amendment to the contract with }ienningson, Durham and Richardson (HDR) for the design of the slurry wall at the proposed sanitary landfill site. 9. Consider approval of a contract for the City of Denton Worker's Compensation insurance. 10. Consider approval of final payment to Jagoe-Public for Windsor Drive in the amount of $9,950.00. 11. Consider approval of the City of Denton depositor; agreement. 12. Consider authorizing the City Manager to engage Arthur Andersen for services assisting in the administration of the Finance Department due to the absence of a Finance Director and Assistant Finance Director. 13. Official action on ExecuO.ve Session items: A. Legal Matters B. Real Estate C. Personnel D. board Appointments 14. New Business: This item provides a section for Council Members to suggest items for future agendas. CERTII' ICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas , ocI the day of 198 at _ 0 clock a.lll.~ ~.m.~ C1 SECRETS 1.0200 CITY COUNCIL MINUTES August 30, 1983 The Coutoil uonvenad into the Special Called Pleating at 1;00 P.M. in the Training Room of the Service Center. PRESENT; Mayor Stewart; Council Members Alford, Barton, ana Hopkins City Manager, City Attorney, and City Secretary ABSENT; Mayor Pro Tam Riddlesperger; Council Members Stephens and chow 1. The Council considered approval of the final plat of lot 1, block 1, Tifemork Recovery Center Addition. City Manager Chris Hartung stated that the staff wss trying to work with the Lifemark ropresuntatives to expedite the approval of the final plat so that construction could begin. Ns, Denis plvey, Planning Technician, reported that this would be a 64 bed alcohol recovery unit to be located north of Westgate Hospital, When the project was begun, a plat problem was discovered. The area was zoned Light industrial and all utilities were in place. The now canter would tie into the Hickory Creek sewer line and the Lifemark Corporation had submitted a bond for the extension of water lines, Mayor Stewart stated that the Westgata Hospital administration had complained regarding the parking situation in front of the hospital but had made no attempt to use a rear entrance from Musa Drive. Mayor Stewart asked flow the Lifemark Corporation proposed to handla parking at both facilities with the 1H-35 frontage roads were made one-way, Spivey rosponded that the frontage roads gave adequate access at the ppresent time and that Mesa Drive would be used as a secondary route in the future, llopkina motion, Barton second to approve the final plat. Council Member Stephens joined the meeting. Motion carried 4 to 0 with Council Member Stephens abstaining, Mayor Pro Tom Riddlospurger joined the meeting. Council Member Stephens ana Riddlesperger were in agreement that the plat should be approved, 2 'The Council considered approval of contracts with Henningson, Durham and Richardson (HDR) Lind Rune Engineering for the design of the slurry wall at the now landfill. Assistant City Manager Rick Svehla stated that the contract from Rone Engineering was in the back-up material and gave the specifics of the scope of work to be accomplished, Additional engineering would be performed by Henningson, Durham and Richardson upon :no completion of the Rune Engineering contract. The Hone contract was for field pork which must be completed f.trst, Svehln also reported that the staff lied questions regarding the HDvk contract costs anJ was recommended the Council. to approve only the Rone Engineering contract at this time. Hopkins motion, Barton second to approve the contract with :one Engineering, Motion carried unanimously, 3. The Council considered awarding a contract to a risk management firm to review the City's insurance program. City of Denton City Council Minutes Meeting of August 30, L983 Page Two Assistant City Manager Svehla stated that the Council had proviously discussed bids for Cil:yy insurance converage, especially worker's eowponsation and liability, Kisk management firms had been contacted to assess insurance needs, to review City specifications, and recommend appropriate insurance coverage. The staff recommended that the contraot for this study be awarded to Rtmco. Barton motion, Hopkins second to award the contract to Rimco. Motion carried unanimously. 4. The Council then entered into a discussion of the '.9$3.84 Program of Services for the City of Denton. Council Membor Chow joined the meeting. KICKMV U. , . TiUK 1U11C COUNCIL MINOTBS September 6, 1983 The Council convened into a work session at 3100 p,m, in the Civil Defense Room of the Municipal Building to hold a discussion on the proposed 1983.84 Annual Program of Services. PRESENTi Mayor Stewart; Mayor Pro Tom Riddlesperger; Council Members Alford, Barton, Chew, Hopkins, and Stephens City Manager and City Attorney ABSENT; None The Council then convened into a work session at 5,30 p.m. to discuss initiation of annexation proceedings concerning a proposed 11 acre subdivision on Hickory Crook Road. PRESENT: Mayor Stewart; Mayor Pro Tom Riddlesperger; Council Membera Alford, Barton, Chew, Hopkins, and Stephens City Manager, City Attorney, and City Secretary ABSENT; None Charlie Watkins, Senior Planner, reported that since this planned subdivision was not in close proximity to City water and sewer lines, the developer was proposing to use well water and install a septic tank system. At the present time, the City limit line projects into this area and annexation proceedings could re inatituted for the area 500 feet from the existing limits. Watkins also reported that no hard data existed regarding the cost of services to this area, Approval for the preliminary plat of the proposed subdivision was before the Council on the consent agenda. The proposal met all of the standards for a development locatad In the extra-territorial jurisdiction. The staff was concerned about the utilities isRue. Bob Nelson, Director of Utilities reported that this would be a fairly high density development to 6 serviced by wells and a septic system, Wells eventually depleted ground water and lowered the water table, This created problems for rural areas which depended on the ground water, If the septic system began to fail, a severe problem would then exist, In the past when septic systems failed, the residents would then petition the City for annexation to enable them to tie in to City sewerage. In the case of a high density development, all City rates would have to be increased to offset the cost of extending service to the area. If the area was annexed prior to development, the cost of extending the service was the responsibility of the developer. Council Member Riddlesperger asked how far this proposed development was from the new sewer line. Nelson responded that It was about one mile away. Council Member Chew asked if the staff anticipated other development in this area in the near future, Charlie Watkins responded that no new plats had been filed nor wa; the staff seeing much acti.vity in this area. Watkins also stated that the prospective developer had indicated that he would net proceed with the development if the area was annexed, Council Member Barton asked if the area was annexed, would the Cit;r have to extend utility services. Nelson responded that according to the new subdivision regulations, the developer would be required to extend City utilities throughout the development. Another advantage to annexation would be that the City could prevent the installation of the septic system which woul-i help to ° ntrol the utility situation from an environmental standpoint. It was the consensus of the Council to proceed with annexation. City of Denton City Council Minutes Septeober 6, 1983 Page Two The Council convened into the executive session to discuss legal matters real estate, personnel, and board appointments. No official action was taken. The Council then convened into the regular meeting at 7100 p.m, in the Council Chambers. PRESENTI Mayor Stewart; Mayor Pro Tom Riddlesperger; Council Members Alford, Barton, Chew, Hopkins, and Stephens City Manager, City Attorney, and City Secretary ABSENT: None 1. The Council considered aproval of the minutes of them Regular Meeting of Aug+ist 16, 1983. Riddlesperger motion, Hopkina second to approve she ainutes as presented. Motion carried unanimously. 2 . Consent Agenda Hopkins motion, Barton second to approve the consent agenda. Motion carried unanimously. Consent Agenda, A. Bids and Purchase Orders; 1. Bid 0 9179 - Pickup 1/2 ton 2. Bid 0 9181 - Lane markers 3. Bid 0 9182 - Radio equipment 4. Bid 0 9183 - Relay test set 5. Purchase Order 1 59014 to TRAKS Service Compan;r in the amount of $7,258400 B. Plats; 1. Approval of the preliminary subdivision plat o Hickory Plains Subdivision. (The Planning and Zoning Commission recommends approval.) 2. Approval of the preliminar, lat of the Rudder. Sti:+et Addition. (The nntng mud 2onin;3 Commission recommends approval.) C. Final Payments; 1. Approval of final ;payment of $1,485.00 for Humaa Resource Needs Assessment to Ipser and Associates, Inc. 3. Public Hearings A. The Council held a public hearing to consider annexation of approximately 150.5 acres of Land which begins at the intersection of Mayhill Road and East McKinney Street and extent; easterly 250 feet either side of the centerline of East McKinney Street up to and including a L04 acre tract located on the poet'-. side of East McKinney Street. (z-1590) The Mayor opened the public hearing. I1 City of Denton City Council Minutae September 61 1983 Page Three Char to Watkins, Senior Planner, spoke in favor of the etition ned andt 1 ¢ returned rinl oppositions beThemail annexation lwould, inclu de a104 acres on the north side of East McKinney which was the location of a proposed mobile home park. A variety of land uses, such as a Dr. Pepper plant, farms residences, and a junk yard existed in the area. Annexation ol the parcel would allow Che 6ity a degree of control over the development of the proposed mobile home park. Water and wastewater service were available. Mayor traffic access d and be vi a police protection twould be ifur ishedatottheearea. the store. Fire acr~e owner, spoke in favor principle Mr. etition ntstaBrown, ting thatig the property p concern. Mr. Brown stated that he felt that the 809 unit mobile home park would not be a low density land use as required by the Denton Development Guide. Mr. Brown also stated that he anticipated trafficproblems. centereinrkead of Denton was becoming a ma •iariety of housing as specified in the Denton Development Guide. Mrs. Chisenhall, resident of Mills Road) north of the 104 acre parcel stated that she did not approve of mobile home parks. AaeorR ng to Mrs. Chisenhall, a restriction clause was written into the original deed which called for brick or partial brick construction with 1200 square feet in the home. A road had been donated to the County and the residents wanted to maintain the neighborhood. Mr. Tom Kellogg, engineer with Champion Mobile Homes, stated that his company did not object to the annexation. . Mr. Randy Barber spoke in favor stating that he had just purchased 5 acres in the area and felt that 809 more families in the mobile home park would be too high density for the land. 1r. Roy Glenn spoke in opposition to the petition stating that he felt the annexation benefits would not overcome the obligations. Mr. Glen owns the Dr. Popper plant in the parcel and stated that the tax increase for the plant would be too high. He also stated the, he stated that cost had not received an notice loft the annexation. Mr. Glenn Council Member Stephena replied that Mr. Glenn's name was on the list as having received the reply form. Mayor Stewart asked Mr. Glenn if he had City water and utilities. Mr. Glenn responded that he had City water. The utilities were not in question as his primary concern was the tax situation. Mr. John McDonald, residing on Chisolm Road north of East McKinney, police protection ocouldtbegprthat he did ovided due tottheedistancet the fire spoke police in and fie trucks would have to travel. Mr. McDonald also stated that he did not believe City services would be provided until a future date. Mr. Jim Chisolm spoke in opposi::.on stating that he saw no benefit from the annexation to the residents of the area and that the taxes would be increased. 1r. Kenneth Stout spoke in opposition stating that, although he did not live in the prcposed annexation area, he felt that traffic would be a problem and asked if City services would be extended if the area was not annexed. catraffic tering to would Ms. Jo Glenn sGlenn i felt that opposition the t City was that problem Me . outside developers and stated that she did not believe this was fair to the residents. The area was the proposed building site f,, a new school and felt that the mobile home park would be detrimental. City of Denton City Counntl Minutes September b, 1983 Page Four The Mayor closed the public hearing. City Manager Hartung stated that the City of Denton was not initiating the annexation to uO a possible the development. 'rho development was underway before the City began consideration of annexation and could take place whether the area was annexed or not. If the parcel was annexed, it would give the C1t;, more oontrolr The extension of the utilities was not a special aA to the developer but, rather a policy of, the City. The staff felt that, in the case of extra territorial jurisdiction subdivisions, it was bettor for the new developments to partieipaee in the City water and sewerage system rather than setting up package plants or smaller facilities which may or may not. be operated in conformance with regulations. The staff also felt that it was in the best interest 1 of everyone for the City to provide for the long range water supply needs of these area. Mayor Stewart asked Watkins to respond to the question regarding the extension of utilities if the area were not annexed. Charlia Watkins replied that he knew of no plans in the Capital Improvements Program to extend water and sewerage to the area this year. The 4.:veloper would pay for the extension. Mayor Stewart added that: the developer would extend the utilities according to City of Denton standards and would pay a pro rats charge. Counci' Member Riddlesperger asked Watkins if it was true that the City of Denton could not stop the mobile home park development. Watkins responded that was true. Council Member Stephens stated that the same impact would he felt or, the traffic and school issue whether the area were annexed or not. Council Member Hopkins stated that should the Council not annex the area, the development would occur quicker as the developer would not have to appear before the Planning and Zoning Commission or the Council for approval of plats. Riddlesperger motion, Barton second to continue the annexation proceedings. Motion carried unanimously. B. The Council considered the petition of Daisy Punch requesting a change in zoning from two family (2F) to the office (0) classification at 423 West Prairie. The property is located at the southeast corner of West Prairie and Carroll Boulevard. Z-1595 The Mayor opened the public hearing. Ms. Alice Alexander spoke in favor of the petition stating that she was requesting the change in zoning to small business for resale. Mr. Dale exwin, owner of property north of the area, spoke In favor of the petition stating that he was the prospective purchaser of tie Fred Moore estate but would not be interested in buying the property with the pri:sent duplex zoning. The proposed office building :n this property would meet all City of Denton requirements and standards. A curb cut would be made on Prairie Street to give access to the property. Of the 11 property owners in the parcel, all 11 signed Mr. Erwin's petition for the zoning change. Office zoning was the lowest zoning for such a large parcel and the office building would be a tax benefit to the City. No one spoka in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes September 6, 1983 Page Five as01 1 notes d1fo'ng t 10t~roott may i have Pbeone h er or. )d An~tapproxeimato1ly 40 foot section of the described tract between Carroll Boulevard and the west proprerty line to believed to be a portion of reserve right-o£-way. One hundred feet of right-of-way was acquired for Carroll Boulevard in addition to the original Canter Street i ht-of-way whinIwas approximately 40 f et in wiith. A variety of a d uaes exists n the area. The site does not Isava direct access to Carroll Boulevard and the staff felt that Prairie Srreet would not be adequate to carry any Intense traffic uitsge. The office zoning classification did not offer as many development controls as the planned development classification. Due to lack of speoific contrnls, parking at the site could also pose prob'lema if the Mice classification were used. Older residential neighborhoods such as this one are given priority status in the Denton Development Guide and should be given closer scrutinization in an attempt to,protect them. Council Member Chew asked if there were any objections to a planned development reclassification for the site Ellison responded that the PD zoning would be the minimum required to protect the neighborhood. Any additional highar intensity land use at this site could result in a domino affect and encourage additional zoning change pro casks which could negate the residential character of the neighborhood. Council Hember Hopkins asked where the area was that the County hoc purchased. Ellison responded that the property bought by the County was north of West Sycamore. Mayor Stewart asked if most of the houses in the area were owned by the people who lived U them or were they rental property. Charlie Watkins respponded that the 1980 census stated that 14.5'1 of the households in ttsis area are owner-occupied and the balance were occupied by renters. Council Member Riddlesperger stated that much of the adjacent lane was City owned and that the developer wantod to acquire th'..s right-of-way in addition. Ellison responded that the developer had originally felt that this portion belonged to them by right. After research of the survey description they discovered that this was not the ease and now fee), that they can develop the property without it. They will acquire the 40 foot strip if possible. Council Member Hopkins asked if the City owned a strip of right-of-way above the parcel on Stroud and also on West Sycamore. Ellison responded that traditionally, the City owned a 20 foot strip between the east Carroll Boulevard curb line and any adjoinLng property. Council Member HopKins asked how the City then had a 40 foot right-of-way at this location. Ellison responded that it was just right-of-way that the City acquired in anticipation of usage but had not used it. Council Member Stephens stated that as the City bought property along the east side of Center Street, the entire piece of property was acquired as opposed to only a portion. This had accounted for some of the surplus property along Carroll. Some of the access property had been sold during the last few years. • City of Denton City Council Minutes September 6, 1963 Page Six Member Barton or piece entire meal lota s awere long Carroll. the not c to stated destroy that the City was Coulloil Member Chow sked it the owners had consented to puruhase Cho land if necessary, Ellison also yea. In addition this excess right-of-way was a soavatf) future, There hadiebeenoand increasein the t requests for idevelopment along C Carroll and the staff would recommend that, the Council -of Thereawas eviden egof duplex de elopmentoalongoCarrolloBoulevardcuts. Mayor upgrading wathe r need if neighborhood. development would have the effect of up rresponded and construction and et. would be Ellkson Chiw motion, Stephens second to approve the petition. Council Member Hopkins asked if tor. Chew's motion was for approval of the petition as presented or as a plunned development. Council Member Chew responded the motion was for approval as submitted. Council Member Barton stated that he believed the petition should be resubmitted as a planned development. Council Member Chew withdrew the motion. Chew motion to amend the petition to PD zoning. Mayor Stewart stated that the petition would have to be referred back to eugPlannin gest thatM Zthis be oning doommission', however, Council Member Chew could s Council Member. Chew withdrew the motion. Chew motion, Barton second to deny the request for office classifcations pand lanned refer it pmenek to the Planning and Zoning Commission Council Member Hopkins stated that he wind also like dito see sposing some poasibilities of working with the property owners the City's access right-of-way. The Mayor then asked if the petitioner would like to respond to any of the discussions. Ms. Alexander neighborhood had stated passed that m and there hewase noleoneh left lived in the ttia homes. The petitioners were willing to purchase the 40 foot right-of-way back from the City. Council Member Chew stated that the Council had recommonded that the petition be referred back to Planning and Zoning for planned development. Basically, the Council was granting the request but wanted more control. Vote on the motion to deny and refer back to Planning and Zoning Commission passed unanimously. C. The Council considered the petition of the City of Denton requesting a change in zoning from agricultural (A) to the frsarsnitary landfill, onoa tractaof land containing£36.08, permiti o Ciky of Denton Ciky Council Minutes September 6, 1983 Page seven acres located east of Hayhill Road along the south side of Foster Road (also known as Edwards Road). Z-1597 and 8.171 The Mayor opened the public hearing. Charlie Watkins, Senior Planner spoke in favor of the petition stating that 3 reply forms had been mailed with 0 returned. The purpose of the petition was to zone property in accordance with its propposed land use and to xpedite the permitting process for a aanN ary landfill. North o~ the site are approximately 10 houses nd other vacant land which were all owned b} the City of Denton. soant land which was outside 4f the City limits was to the south and to the east. The six houses located on Foster Road to the west ware also outside of the City Limits. This was defined by the Denton Development Guide as a low intensity area and carried a notation as restricted resideptial. Access to the s}te gould go gained by Foster Road. An alternate route to t a s to rom t e sewer plant was planned if the landfill was developed. This would affect as few homes as possible. Sewer service would be installed via the Capital Improvements Program. The state Health Department typically holds two hearing in conJunction with a landfill site. One hearing is for technical consi orations and the other is for land use conslderatione. If the City zoned the land for a landfill, the land use hearing would be waived and this would expedite the process. The particular area met the technical requirements and the staff felt the site was also appropriate in light of surrounding land uses. A fence was planned to surround the site. The sita was completely out of the flood plain. No one spoke in opposition. The Mayor closed the public hearing. 1. The Council considered adoption of an ordinance approving a change in zoning from agricultural (A) to the light industrial (LI) classification on a tract of land containing 36.082 acres located east of Mayhill Road along the south side of Foster Road (also known as Edwards Road). The following ordinance w46 presented: NO. 83-91 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI- NANCES OF THE CITY OF DENTON TEXAS, BY ORDINANCE !qO, 69.11 AND AS SAID MAP APPLIES TO APPROXIMATELY 36.082 ACRES OF LAND OUT OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance approving a specific uae permit for a sanitary landfill on a tract of land containing 36.082 acres located oast of Mayhili Road along the south side of Foster Road (also known as Edwards Road). The following ordinance was presented: NO. 83-92 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TLXAS, BY ORDINANCE N0. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 36.082 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Counoil Minutes September 6, 1983 Page eight on roll call 11 Hopkins motion, ALEord second to ado t the ordinance, oCi 11 ewart 1 ayaQrd Man vote Barton 11 116 Hchow aye IF@ an Stt~ yor~st Riddlesperger aY ' carried unanimously, etition of (A)Richard n6 to the p, The Council considered from pagricultural e t ract Compton requesting a (Pa)ge to xoni ng planned development (PD) clasai£taa on an 11.53 Toasted along the north aide oftion Robinson Road beginniand approximately .4 wile east Of atheOved erthetplannedRdevalopmentd(PD) pM 2181 (Teasley Lane). would permit the following land uses- ' on 6,77 acres Duplexes on 1,92 acres 4-plexes - on 42 acre Z-1548 Recreation 2,42 acres Street right-of-way The Mayor opened the public hearing, favor o£ this the re resenting the quest Owner, spoke in Mr. Bob Crouch, P ro art if grants d, Petition stating that this res in iconsunction previous rezoningg of 6 acres of adjacent p p would allow the acreage to ededSoin utily. ties and also al'' e1o rezoning for the entire parcel to be de No one spoke in opposition. The Mayor closed the public hearing. equest k r to the David Ellison, Development Review Planner, reported that the went and the existing planned a 400 unit mobile home par was a logical transition between development which had ragsome e planning and multi-family restricted land uses. The only long Petition" had submitted two separate but The proposal included a rto anesrt a for a problem was that the cal obviously related requests, duplr~~s due to p 8 P ex lots contained minimum lot size variance for the she f of the minimum six( problems; however, the proposal for the our-p T requests Eor lotR which werand in zoning Commission recommended requirements. The Planning a approval with 4 conditions. 1. The Council considered adoption of an ordinance ral (A) to the planned approving a change in zoning from agricultu 4 mile development (PD) classification on an 11.53 acre tract locate along inning approx. imately (y Lattia the north side of Robinson Road beg ( east of the intersection of Robinson Road and FM 1830 (Teasl The following ordinance was presented: / NU. 33-93 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF llENT0i1, TEXAS AS SAME WAS AllOPTED AS AN APPENDIX BY TO THE ORDINANCE CODE NO- 69-1 UNDS OF THE CITY OF UENTON, TEXAS, ABSTRACT . , 64-1, AND AS SAID PlAP APPLIES TO APPROXIMATELY 11.5N0 3 ACR 643ES C OF LAND CUT OF THE S, HAND RIF OREUR PARTICULARLY DESCRIBED DvNTON COUNTY, TEXAS; HEREIN; AND DECLARING AN EFF:CTIVE DATE. motion, Hopkins saki R teyea11 doSteplhenso Strayewaer~caAlford Riddiespe•ber 11 11 flop roll call otsperger n"ayes>'Chew "ayes, and Mayor t "aye". „ayes Plotion carried unanimously. E. The Council considered the petition of btillie Johnson Zoning from two family (2F) to the planned requesting a change in Ement (P D) classification on a lot approximately 69 x 155 In develop City of Denton Ctty Council Minutes September 6, 1963 Page Nine size located at the northwest corner of Carroll Boulevard and Congress Street. If approved, the planned development (Pn) would permit the aonstruotion of a 11628 square foot office building. The property Park Addition. pa icularly described as lots 1 and 21 block 51 Tha Mayor opened the public hearing. wantedllto bJohn uild na vthe ery asmallneofficekabuilding rontatheg property ApproximateI one-half of the homes in the area are rental property. There would be only three professional offices in the building. A large tree on the property had created site iolan problems. Several designs had been drafted by the arehito•;, effort to save the tree but the location had made it impossible to elevated, as iltheng propertyp was tine the efloodd plain uld The Veoffice building would be in character with the general area. Mayor Stewart asked if the development would include a curb out on Carroll Boulevard. Me. Johnson stated that the curb cut would be on Congress. parcels of property petition Mr, Bob Stating that s~his nephew o had eownedr~ spoke Denton and each time she had sold lots she had been very careful of wosale, Ms. uld look like, what was bein built. t would be Bpput on she clot aanddwhat the had asked wha Mr. Estes s stated a conscientiousinpreparingtheapla believed Ms. planned development Johnson this ot been vary on rhis~home stated He t was told by the City Mr. J. building , permit hto add a Denton Engineer that his property was in the flood plain and he could not build on the property or rebuilt in case his home was destroyed. Mr. Keith stated that he did not see why this petition should be petition and he building believed r it t strdenied d he engthened his casein favor of the No one spoke to opposition. The Mayor closed the public hearing. David Ellison, Development Review Planner, reported that 20 reply forms had been mailed with 3 returned in favor, 0 in opposition, and 2 undecided. The staff expressed concern about two proposals which the Carroll nBoulevard~arThis which represented theefi first request efor office type land use in the area north of Congress Street. A day care center on this section of Carroll Boulevard was the only existing non-residential use. Ms. Johnson had gone to great lengths to include the neighborhood residents in the various issues of the planned development. The staff was concerned that any office or professional building would generate more traffic than a duplex or other residential type structure. The curb cut on Congress would be located approximately 45 feet from the already traffic intense proposed site plannwasss3ato 4afeetlfromhtheenorthernsproperty olinle. This was considerably less than the zoning ordinance requires when proposed office use abutts a residential district. A minimum of 10 feet was required under the normal zoning standards. At the Council's direction, Ms. Johnson could modify her request to include this condition. Technically, it would be feasible to develop the proposal as shown. Tha staff had some concerns regarding the introduction of this type of development in an older residential area. Past observations had shown that when these types of proposals were approved, some property owners would decrease the City of Dent0il City Counoll Minutes septembes 6, 1983 Page Ten amount o,f mxintananoe on their tracts in dutJ.nipatin of future zoning ohatiigga requests for themselves. Feedback zrom residents in the area indtnated that, if this proposal were approved, they would also petition for zontilg changes, A precedent would be set for this particular vection of Carroll Boulevard. The staff also questioned South of the tltie need for this type of development in this area, proposed tract, between West Oak Street and Pearl Street, was a 7004) sgvare feet office development, In addition, in reasonable proximity to this site, was the Social Security office which was vacant and available for lease. The staff questioned the need to mightn potentiallylacreatelt a f Universitgy eYDriveiteffeca,useCarroll Boulevard was initially designed to move traffic and not tie a corridor for commercial enterprises. The staff strongly recommended denial, Mayor Stewart stated that it seemed that the assault on Carroll Boulevard had begun, Numerous requests had been before the Council traffic pwouldd bevcunsiderable mayo masked i£r the office Carroll, last The several Increased in Carroll, Ellison traffic replie that this as there wasunoti gwould reoa/egressf from Carroll. t^e Mayor Stewart asked, in general, was this a very well kept older neighborhood. Ellison responded that it was. access onal98traffih was Cou%%cil Member to the Alford traffic it problems. Ellison responded that a detailed traffic study had not be done. Given the fact that the access would be approximately 40 to 45 feet from the traffic signal, thane might be a traffic problem during peak travel hours, The alternative would be a curb cut on Carroi:• the Council stated a proposal hwhichltwase superior eto w 3ive access. gg asked there was an apartment complex across lCaMember rroll Boulevard rfrom theproposed site, useoand responde Carroll Bout vard waswconstructedconfora:ng City Attorney on how many were o required a Tulin f rom th passage, tMayo rmS tewart asked City Attorney C. J. Taylor replied that a majority vote of :`,e as hara was no all Council would be recommendation from the Planning and ZoningiCommission. Hopkins motion, Riddlesperger second to approve the petition. Mayor Stewart expressed fear that Carroll Boulevard would turn into another University Drive, University Drive was designed oea constructed to move traffic and was no longer serving that p r7 well should as pcr This approval neighborhoods andawouldaseteaeprthe ecedent Council he older eate i a traffic hazard, Council Member Hopkins stated that he felt Ms. Johnson's pror,sal dvelopmentae woulde c r ealte naturebeofn asset 1 that vathis and did not additional traffic problems. City of Denton City Council Minutes September 6, 1983 Page Eleven Boulevard would 'Do mainly rcommerc al businesses slid wouldlynotaserve to move traffic as iC should, Council Member Riddlesparger stated that the area was rather impacted alvoa y a on thisss typeo al lot. the only structure which could be constructed Council Member would be another old stated being t moved is in onto the lot, Council Member Riddlesperger moved the question. with votes, The Mayor motion Stewart and approve Cuncl the Member petition Barton passed casting the nay of F. The Council considered the petition of the City of Denton requesting a change in zoning from agricultural (A) to the light Industrial (L1) classification, and approximately specific use 235.96 acres permit for a sewage treatment plant, on app r 9rty located north pro beginning east of Mayhill Road and including and south and east of Foster Road (also called Edwards Road). Z-1600 and S-173 The Mayor opened the public hearing. No one spoke in favor of the petition. Mr. Roger Sullivan, adiacant property owner, spoke in opposition of the petition Steting that he owned 144 acres which would ajoin the sewerage plant. Approximately 6 months previously, the Planning and Zoning Commission had zoned 40 acres on the other side of his property for a mobile home park. Mr. Sullivan asked if any thought pogiven ssible to what haof t his remaining property Mr. Sullivansstcould ated that It had for the been did not seem logical to him that he would be the only property owner future that buy his propertySullivan inalso the stated or Council sloe eitherplant. lieowantnd he object by a park on could one d side t and l a sewerage property plant which o a the bracketed other. mobileihome what The Mayor closed the public hearing. David Ellison, Development Review Planner, reported that 14 reply forma had been mailed with 0 returned in favor and 2 returned in opposition. The Assistant Director of Utilities had included in the suppport information a detailed plan for future expansions for the t ownerspetition put The staff nd approved treatment only plant. adjacent property felt should sting be sewerage future developers on notice that this area was zoned light industrial and not agricultural. This could have signi.ficant impact on future development in thin area. Council Member Stephens asked why so many of the reply forms had been returned as non-deliverable. been tha tax Ellison responded tla ave changed addresses ownership an taken ot from changed property may h rolls. The on the tax rolls. 1. The Council considered adoption of an ordinance approving a change in zoning from agricultural (A) to the light industrial (LI) classification on approximately 235.96 acres beginning east of Mayhill Road and Including property located north and south and east of Foster Road (also called Edwards Road). City of Denton city Counoil Minutes September 6, 1983 Page T'eelve The following ordinance was presented; N0. 83.94 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAAS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 235.96 ACRES OF LAND OUT OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, AND DEENNTON; AOUNDYGILARI hSA}N EFFECT RE DATARTICULARLY DESCRIBED HIN Chew motion, Barton seoond to adopt the ordinance. On roll call vote Barton aye Hopkins ape , Stephens aye , Alford "aye", Riddleaperger "ayes', Chew "aye', and Mayor Stewart ave . Motion carried unanimously. 2. The Council considered adoption of an ordinance approving a specific use permit for a sewage treatment plant, on and aroxims Including tproperty located snorth iandnsouth standfeast yof11Foster Road 431 y 235.96 (also called Edwards Road). The following ordinance was presented; NO. 83.95 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF TYKE CIrY OF DENTON, TEXAS, AS SAME WAS ADOPTED )+S AN APPE1,,DIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-1, AND AS SAID DENTON,23 TEXAS~;CRANDOFDECLARING IAN CITY AP ANDESCOUNTYPP O XIMATELY EFFECTIVE DATE. Chew motion, Alford second to ado,:t the ordinance. On roll call vote Barton Riddlesperger Ilayell Hopkins Hays'pe'fandStMayorsSt "ll wart' syeord Motion carried unanimously. G. The Council then held a public hearing on the proposed 1983-84 Annual Program of Services. The Mayor opened the public hearing. 1r. Ken Gold, Denton Firefighters Association, stated that as this aas the public hearing on the budget which would take effect in October, he would like to know why the 1983-84 pay scales were not announced prior to the public hearing. He stated that '.e had asked for this information before and he knew that th:, was done intentionally. In August of 1980, the City released a ;pecific pay scale; he felt that it was by choice that the information was not hang released. ous stated that, binding on theknpras'ent actions by pvev referred Council wanted know if the He specifically passed in 198d was still ti%e portion of the 1980 resolution which established as a budget priority the maintenance of competitive salaries for all City employees in every department, consistent with the ability of the taxpayers and the citizens of Denton to pay. The City survey of 1982 stated that the Fire Department needed a 16h increave to be at market minimum but the department received 1. 11/2'Z. 1r Gold stated that he did not feel this was competitiv,;. Mr. Cold also stated that some that the inspections firefighters would gtt have f an y negative p impact l on o theha sufery f of fir-a ins the citizens as fewer inspections would be done. This could result in hands firefighters in theename sofdinthe creasing irevenues ofotie r theCity. ofr the fire City of Denton City Council Minutes September 6, 1983 Page Thirteen Ma, Debra Shelton, Denton Humane Society, asked the Council to consider more funds for more personnel in the Animal Control Division, The growing population of people in the area had led to a 144V or population of animals which were dealt with in Animal Control, The Denton Humane society was In support of pet registration as fees could help offset the increasing costs of the an mal penalties control o negligent program, owners was ran reistration part ofp the solution to the stray animal problem. A reduced registration fee for neutered animals would also be an incentive to pet owners to sterilize their pats, The Mayor closed the public hearing 4. Ordinances would be conside~red h by ordinances the n Council, The Mayor stated resented had been t previously most p A. The Council considered the adoption of an ordinance amending the taxicab ordinance exempting limousines from the requirements of vehicle lettering and taximeters. This ordinance had been previously discussed. The following ordinance was presentedi NO. 83-96 AN ORDINANCE AMENDING ARTICLE ~~tgV "TAXICABS" OFNN CHAPTER 26 ADDI TNG AONE'dOSECTION 2652 ~1,EXEb1PTYNG LIMOUS~N ST~N9rl, THE REQUIREMENTS OF VEHICLE LETTERING AND TAXIMETERS, AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chow second to adopt the ordinance. cn roll call vote Barton "aye", Hopkins Vail Stephens aye , Alford "aye", Riddlesperger "aye Chew "aye', and Mayor Stewart aye . Motion carried unanimously. B. The Council considered adop~ion of a franchise ordinance with General Telephone. This was the first reading of the franchise ordinance. The following ordinance was presented; NO. AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST! GRANTEE AND ITS SUCCESSORS AND ASSIGNS, TO CONSTRUC':, &ECTI BUILD) EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE PUBLIC STREETS, AVEUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES STRUCTURES AND FIXTURES NECESSARY OK CONVENIENT FOR RkNDITION OF TELEPHONE aND OTHER COMMUNICATION SERVICE AND FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS; PROVIDING FOR REGULATION AND USE OF THE TELEPHONE SYSTEM; AND PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. Hopkins motion, Barton second to adopt the ordinance. On roll call vote Barton "aye", Hopkins 11s " le, Stephens "aye", Alford tiaye", 41 Riddlesperger "aye", Chew "aye', and Mayor Stewart aye lotion carried unanimously Cityy o£ Denton City Council Minutes Septeober 6, 1983 Page Fourteen C, The Council considered adoption of an ordinance increasing the hotel/motel oocupanoy tax, thoo proposed tax woul hear one spokesperson for against Council The Mayor stated one spokesperson that the and on Mr, Clovis Morriason, President of the Oreater Denton Arts Council, stated his thanks to the Council £ov their past support of culture in Denton. Membars of the boards from the various performing and visual display arts organizations, performers, members of the present historical in the audience. members Mr. Morrisson treportedithat dCouncil Member Chew had asked if other cities in our immediate area asking for increases in these funds. Mr. Morriason had attended a meeting of the north Texas regional convention of the Texas Assaembly of Arts Councils and delegates from 10 cities were in attendance. Tha majority of delegates in attendance had stated that they were also looking for ways to tap these funds. Statistics showed that of 5, cities in Texas with a population of 25,000 or more which have bor.lt significant motel and arts activities, 38 of these cities use a significant portion of the hotel/motel occupancy tax funds in support of the arts. for arts in response to the questions of whether Mr. the userosf othese otunda reported the Arts Council felt that it was fair and the Texas legislature had approved legislation in 1979 and 1983, as had the Denton Cit_~ Council. Currently the Denton Cultural Con^.>deration receives L: and the Convention/Tourism Bureau receives 1., if the proposes ordinance were adopted, the Denton Arts Council would receive 3:, the Convention/Tourism Bureau would receive 3% and 1% would b,t unallocated, At the and of constructtot of ggthe arts complex, 11 would drop nd 2~ away from the unallocated~rt Whn Council Convnton/3% foe Tourism hBur au iir Bureau a ready to build a convention center, they would have a full 91 available to them with Council approval, The City Attotney and the Arts Council's two attorneys have ruled that the use of these fund,# for the arts would be legal. The process for having the art.# complex buildings registered as local historic landmarks hat begun. Mr. Morriason read an except from a letter which was receivod from Mr. Peter Flagg Maxon, chief architectural historian '.or the Texa;f Historical Commission. Mr. Maxon had been asked by the Denton Historical Commission to comment upon the proposed plans for, the tiv. arts complex buildings. Mr. Maxon had replied that 4..... Tlni gconversion deal of these imagination structures and into o ththe e type Denton ofA project plthat hotho-, medium-sized Texas would do well to consider." The Arts Council ha..: a positive vision of Denton, Council Member. Riddlesperger asked if the complex would not be ua attractive convention center for certain kinds of conventions. Mr. Morriason responded that it could serve as a partial center part of the time, but there would not be sufficient meeting rooms enable the complex to serve as an adequate convention center. Theca would be room, however, to service any convention over flow, Council Member Riddlesperger stated that he believed the compLa:x would develop a portion of town which was degenerating. Mr. Morrisson stated that the renovation of the two buildings c:: the arts complex was only the first step in the plans which the Ar:s, Council had in mind for this area. Council Member Riddlesperger asked if the area between City Pa-k, area at City Hail and the arts complex with a convention cent!: someday be an attactive proposal, City of Denton City Council Minutes September 6, 1983 Page Fifteen Mr, Morrisson responded that the Denton Convention/Tourism 8urtau would have to answer that question, Mr. Jim Platt, manager of thu Denton Ratiaada Inn, stated that he .as not opposed to the arts, but that he felt it was not ethical to tax the traveling public to benefit a local concern. Mr. Kett stated that he felt the increase would pose a threat to the hotel industry as people did notice the inoreases and hotel/motel managers might be put in the position o.4 having to lower their rates to ra.a.ain competitive. In this case, no one would win. Mr. Platt also r$,aed the fugal Issue of increasing the tax sta ing that the iiLte statutes calls for the revenue to be used for the building and operating of convention facilities and to promote tourism and conventions for a city, House Bill 1836 restricts the funds z: be used for the arts to 1R. In 1978 the Greater Denton Arts Cu~s.il ooetvad the first payments of tax money, This has been an average $,000 per year increase in the revenue without an increase is the tax because of tL,i inavease in room rates, Of the 206 citia+ in Texas that collect hot91/motel occupancy tax, 159 cities gi•nt no money to the arts, 47 designate the funds to the arts, 70 cities designate money to either the arts or the historical soeieti+:f or both, and 136 cities which donate no money to either the arts or the historical societies but use the funds for promotion of the r:tias through the Chambers of Commerce or Visitors Bureau. Mr. Plat: also stated that the money should be used to promote the City aa,: not just the arts, The Greater Denton Acts Council had worked wit- the Convention/Visitors Bureau and vice versa and there should not t,t a threat from one to the other, Mr. Platt stated that he belLevv.,. the Chamber of Commerce should be supported by the hotel/motel occ.,;-any tax and the arts should be supported by grants and the citizens. Council Member Stephens asked %Ir. Platt if thought the Qvtstar Denton Arts Council and the Convention/Visitors Bureau were antagonistic. Mr. Platt replied that he did not and that the two roups \crked very well together, He did feel that this increase coins effa.t the room occupancy of the Denton motels and that the financial ?cation of the p-oposal should be examined very seriously, Mr. Platt stated that if the increase were adopted, he would suggest tad.: the additional funds go to the Chamber of Commerce. The following ordinance was presented; NO. 83-97 AN ORDINANCE AMENDING SECTION 23.2(a) OF THE Cuc-I OF ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR , SIX (6) PERCENT TAX OF THE CONSIDERATION PAID BY OCCUPA.`iT'i ',F A HOTEL ROOM IN THE CITY OF DENTON, TEXAS, PROViDING :^J1. AN EFFECTIVE DATE OF UCTOBER 1, 1983. Council Member Stephens stated that the Council had pasjeS a resolution in the spring in support of the increase and he fe,: that this would benefit the entire community, Stephens motion, ki.ddlesperger second to adopt the ordinance. On rol, call vote Barton "aye", Hopkins "aye", Stephens "aye",,,4_ iord "aye", Riddlesperger "aye', Chew 'aye", and Mayor Stewart "aye . D. The Council considered adoption of A new imum housing and building standards ordinance. Assistant City Manager Kick Svehla reported that the Buildin..i -ode Board had approved these amendments to the minl.mum housing c:--e to make improvements in the area of due process, 'The City Atto-r_ had advised that changes weeded to be made. City of Denton City Council Minutes September 6, 1983 Page Sixeen Council Member Hopkins asked what sere the mayor revisions. Svehla responded that the major revision was In the procedure which the City followed for notification in the case of condumning a house or moving it from its site. Council Member Hopkins asked if this ordinance called out any requirements in the energy conservation area. Svehla responded that that area was not included in this ordinance. City Manager Hartung stated that the energy conservation suggestion had been made after this ordinance was in the preparation process. The following ordinance was presented: NO, 83-98 AN ORDINANCE REPEALING THE EXISTING MINIMUM HOUSING AND BUILDING STANUARDS CODE; ENACTING A NEW MINIMUM HOUSING AND BUILDING STANDARDS CODE TO PROVIDE FOR MINIMUM STANDARDS FOR ALL HOUSING AND BUILDINGS; TO PROVIDE FOR PROCEDURES. FOR REPAIR OR ABATEMENT OF DEFECTIVE OR SUBSTANDARD HOUSING OR BUILDINGS; TO PROVIDE FOR A PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; TO PROVIDE FOR A SEVERABILITY CLAUSE; AND TO PROVIDE FOR AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote Barton "aye"7 Hopkins lVe", Stephens "aye", ~11for.; "a a", Riddlespef•ger aye , Chew aye , and Mayor Stawart ay9 . lotion carried unanimously. E. The Council considered adoption of an ordinance amending the City of Denton plumbing code. Assistant City Manager Svehla stated that this ordinance would adopt the appendices of the 1979 Uniform Plumbing Code. These anpendicog would require insulation of water and wastewater piping su',)Ject to freezing give the plumbing inspector authority to requiro or delete the need for water testing on certain plumbing fixtures, lists specific materials to be used for water and wastewater piping, and provides an alternate method for providing the combustion air for gas appliances. Council Member Hopkins asked if the ordinance contained the new permit rates. Svehla answered that due to the activity in this area, new rates were not needed this year. A revenue rate study was being completed which might make a rate recommendation. Council Member Alford asked why the date on the code was 1970. Svc,tila answered that the 1979 Uniform Plumbing Code was the latest code. The following ordinance was presented: N0. 83-99 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE: OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADOPTING THE APPENDICES TO THE 1979 EDITION OF THE UNIFORM PLUMBING CODE; PROVIDI`U FOR CERTAIN DELETIONS AND A,%IEND TENTS TO THE 1979 EDITION OF THE UNIFORM PLUMBING CODE; INCREASING MINIMUM PL1'hBING PERMIT FEES AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes September 6, 1183 Page Seventeen Hopkins motion, Alford second to adopt the ordi.nanee. On roll call Vote Barton "aye"1 Hopkins "aYe", Stephens "aye", Alford "rpe", Riddlesperger aye , Chew aye and Mayor Stewart 'aye". MI- ion carried unanimously. 5. Thq Council considered the nomination of Mr. Melvin ~.;ouge for reappointment to Place 6 and Mr. Michael Crandey for re-appointment to Place 8 on the Board of Directors of the :;iarth Texas Higher Education Authority. Riddlesperger motion, Stephens second to approve the nominat,ons. Motion carried unanimously. 6. Mr. Bill Cox appeared before the Council requesting permission to bolt newspaper racks into City of '19nton sidewalks. Mr. Cox stated that he was the wholesaler for the USA ",,dayy newspaper for the City of Denton. The newspaper was a new gwa.eral Interest newspaper and would be entering the Dallas Fort r?ortii market in October. Mr. Cox was in the process of securing the newspaper rack placements and five of these locations were on :ity sidewalks. These racks would be installed into the eoncra:e by drilling four holes and bolting them down. This would elLminate the possibility of someone knocking them over or vandalizing them. Council Member Riddlesperger asked how many racks would be insta.led. Mr. Cox replied that approximately 100 would be installed in '.vnton at various locations. Council Member Riddlesperger asked if this was a daily paper. Mr. Cox replied that it was a Monday through Friday paper. Council Member Stephens asked where the newspaper was published. Mr. Cox responded that the main office was in Washington, D.C. Council Member Stephens asked where the paper which was he distributed in Denton would be published. Mr. Cox responded that the information would be printad via satellite and beamed to a press in Farmers Branch. Council Member Riddlesperger asked if there would be a souCtiwest edition with advertisements from the metroplex area. Mr. Cox responded not at first. Mayor Stewart asked if Mr. Cox had liability insurance if s~:meone were to fall over the racks. Mr. Cox replied that lie was in the process of obtaining cevf-age. The installation date for Denton would be the weekend of September 16. Council Member Ste hens asked the City Attorney what the ::ty's liabilit:r would be in case someone fell over the racks. City Attorney Taylor stated that the City's liability would ::.f the same as it was now. Council Member Barton stated that it was his opinion that the racks should ba bolted but also felt that the staff should work wt-,t Mr. Cox to dcsignate the exact location of the racks. Chew motion, ilopkins second to approve the request. Notion d =ried unanimously. City of Denton City Council Minutes September 6, 1983 Page Eighteen 7. The Council considered approval of Change Order 114, Red River Construction Company, Hickory Crook Lift Station, for the Control Building cooling system. Bob Nelson) Dirsctor of Utilities, reported that this was the last change order on the lift station. During the final inspection it was determined that the air conditioning system in the control building which houses soma of the control systems for the variable stage motors at the lift station, was only a 1 1/2 ton unit and a 4 1/2 ton unit was needed. An additional $5,000 would be needed to install the 4 l/2 ton unit. The staff felt that Vresse and Nichols should have discovered this initially and Freese and Nichols had agreed to pa the difference in the oost of what it would have cost to install the 4 1/2 ton unit originally versus what the actual cost of the change out. The cost to the City would be $3,000 and Freese and Nichols would pay the $2,000 difference. Hopkins motion, Barton second to approve the change order. lotion carried unanimously. 8. Official action on Executive Session items D. Board Appointments Stephens motion, Hopkins second to nominate Nancy Boyd to the unexpired torn of Charles Cryan on the Public Utility Board. lotion carried unanimously. 9. New Business Council Member Stephens requested a status report on the mobile home subdivision ordinance. Chew motion, Barton second to adjourn. Motion carried unanimously. The meeting was adjourned at 10 06 p.m. KLL;WD U. MAYUK-" t' MLd'l"fE' MTEF-, L S ' 1016C CK < ,...1. CITY COUNCIL AMMA BACK-UP SLQNh1ARY SHEET. DATE OF MEETING: September 20, 1983 COUNCIL AGENDA ITEM r'f Consent Agenda SUBJECT; Bid # 9182 Radio Equipment SUMARY; This bid was for 4 items, i each of item 1, 2, and 3 and 6 of item 4, This bid was awarded September by the Council, This request is for 3 more of item for the Utility Electric distribution department, As •,ou will note this item was bid by only one of tht: three bidders with 60 dyas delivery, ACTION REQUIRED; Approval by Council, SOURCE OF FUNDS: Budget account 610-008-0252-9227-E397, RECQ?IMENDATION: We recommend that the council approve the bid pri.e of item 3 for the purchase of 3 mobile radios at $1113.00 each or a total purchase of $3,570,00, EXHIBITS; Tabulation sieet and last memo, SUBMITTED BY: -;j Jo n ~4a shall, C,P, f, Purcit ing Agent CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: September 6, 1983 COUNCIL AGENDA ITEAS ll Consent Agenda SUBJECT: Bid # 9182 Radio Equipment SUMWY, This bid is for the purchase of several different pieces of radio and paging equipment for the city Utility Department. This equipment is to broaden and update our present equipment. This bid was sent to several suppliers and manufacturers. We received bids from two vendors with one bidding an alternate, The delivery is 60 90 days after receipt of order, ACTION REQUIRED: Approval by council, SOURCE OF FUW S: Budget account number 6W-008-02152-9235, 610-00F-0253-9227, and 610-008-0252-9227, all in the Utility department. RECOXME*IDATION: We recommend this bid be awarded to the low bi~4.ier meeting speci°ication, Motorola Communications and Eleltronics, for a total purchase of $7,345,50, EXHIBITS: Ta on sheet,. SUB;tITTED BY: hn J. Marshall, C,P.LI, Purchasing Agent JJM:le PA. RlO ttlud RIO TITL.E1._ Raclio Hquipmont OL'M:N1;U_ _Auguyl 25-, 1983 NotoroIa Ktistom Kustom 81actronfus I,Lectronics ACCOUNT AL'1'I.RNATE f~'1'Y,- I' ~ ~~-1?.ES~K>•1''1'[0~_____.__..__.._ E:NUOR-_ `Vl?,MU013.__.._ -S!(3N )O ~ --j I . VGtJUOR- _ V NCR __V1.N1>(?(t - _-VENDOR .•-i I_ Con t rol -Console $2 ~ 710.00 ' $8 , 94 3, 00 _ t 2 W. 00 2 t l'agittA Uctcodot• gins De--- $771,00 $360.00_ $360.00 _3. 1-'2-Way mobil tutlt_- - ~ $1 , 190.00 - N/fi -t 6 Receiver $445.75 N/13 - - --Dollvery 60 days -6090 days 6090 days FOB Denton -bentou- I)euton --v - - _ _ _ f ~~r- _ _ _ ! _ _ - - CITY COUNCIL, AGENDA SACK-UP SUM MY SHEET DATE OF MEETING: September 20, 1983 COUNCIL. AGENDA ITEM Il Consent Agenda SUBJECT, Bid # 9184 Soft Drinks and Vending Machines SUMMARY: This bid is for the purchase of soft drinks and vending machine service for the Parks and Recreation Department, The machines are located in numerous locations In the Park and Recreation facilities, The quantities are estimated for one year, but may vary according to the needs of the City, ACTION REQUIRED: Approval by council and award of bid, SOURCE OF FUNDS The drinks and vending machine service will be purchased as needed during the contract period, Funds will I-ome from 1983-84 budget account 261-003-0062-8502, Recreation Athletics Special Service. RECOkMENDATION; We recommend this bid be awarded to the Lowest bidder of Dr. Pepper Bottling Company, EXHIBIT; Tabulation sheet, SUBMITTED BY: Tom D. Shaw, C,P,1, Assistant Purchasing Agent 011) p_.~9184 BID TITLE, Soft Prinks h Veudiug Mnchlues 01'FNRD-_._9/6/83 --~--y Dr. Popper Coca-Cola ACCOEIN'r # 261-003•-0062-8502 _ _ ITF!( UEjSGhli''C1a~J VI NU01~-- - V['sNL) _ VENT R VI,NOOR MI)OR__._ VENDOR V!LNUOIt-- 1 30M 12oz. Cim Dr Inks 2250 2354 2. 4 Rental on vendLng machines N/[. N/C 3. 150 Pre-Mix canlgters 7.00 8.00 4. 150 Past-•~f.Lx r.anlsters A. 18.75* 14.70 S. 21.30** 21.30** 5. 30cs Cups, 12 oz. 52,30 54,50 C- *Dr. Pepper *Sugar free Produucts Coca-Cola Sugar Products Products . CITY COIN CIL AGENDA BACK-UP SMZLkRY SHEET DATE OF MEETING; September 20, 1983 COUNCIL AGENDA ITEM 0 Consent Agenda SUBJECT: Bid # 9185 Laboratory Supplies SUMMARY: Bid number 9185 is for the purchase of miscellaneous laboratory supplies to be used in the municipal laboratory at the Waste Water Treatment Plant, ACTION REQUIREDI Approval by council, SOURCE OF FUNDS: 1982-83 Budget account 624-008-0480-8502--9916, Water and Sewer Municipal Laboratory Special Service, RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as indicated on the tabulation sheet, EXHIBITS; Tabulation sheet. SUBMITTED BY:• ; Tom D. Shaw, C, P.M. Assistant Purchasing Agent 14114 1 8185 ntu Lnhnrrttoty' Slq+plien - Sul'rlro Al Itorh OklllQl a Al Itorli Supelru Allloelr OPPM 9/6/81 - lnr. Annnr. Ir1r. Anruu', fur, Ar,ane, urm a Il'F.11 0 A('(.'DUI1T 1 rr z'r tr~ta~nz~exau--` ve IMI- y_ 1100A _MINH vr•,ilrall- yci~noa rfrnan_::.: r;fin~n - vr~lll l;r-- vcrlr~n 115,(111 19, 145.00 72,60 11, i 22,00 20. 40, 11 28,Oa 111, 18,00 - 3. 20.00 21, )5.00 18,00 )9. Moo 11.25 70.00 411.00 27 , 15 ,110 40 , 15,00 19. 511 9 71.011 52,00 1. 45.00 Irl, Moro 10,00 6, 21,00 16,On 24, 00 112, 9.00 2.00 111.00 28,00 25, 41.00 41, 111,0{1 2A,On - - 15.00 26, 21,00 18,50 /4, _T.~.. r 6.00 5 ,1111 r1• 10,00 22. ).On 45, 22,110 15,00 10. )n, 011 19,00 28, 5.011 46. 25,011 II• y - M. 00 28,00 29, 24. no 25.50 47. MOO )0100 19,00 10, 16.00 4,40 G8, 61. no 4A.OI1 I), 40,n0 11. 24.00 12.25 49, )4,00 76.00 - - (10 ac no 12. 10,01) 50. 10.00 9 1.60 I5. 40,00 11, )4.00 6.00 SI, 805.00 800,00 25,00 )11, 52. 15.011 85,011 11, 25.00 1A,nn 15. 411,00 51. 10,0(j 12.00 _ - - - - - - - - - - - - - - - - 18, 121).00 11,, 11,00 54, 5.00 1,50 NO f 218 - _ 8111 Lm)m-Aluly SupplteA SuHClre Alllech sol,clco AIItrrh Sul,clcu AI ItVVII 01'rtl 9/6/81 IAr, Awnot, lilt'. Andoc, for Armor. - l ICIi A 1Fll 0 ACCOUNT -1 TY T't FrIfF19CRTEn1'lull VENDOR-- vrjTDOR-- - vR IDUlC__ vC IRA VR1IU0R__. €'.111)UR 1F;1ll on vi:J+ Irltti - VCNf ow 55 7, 1. no 16,no 11. 211.1) 0 It fin.00 1)1 , 90.00 811,(1) 56 68.1111 61.00 it, /5,110 61.50 97, 90,611 84,00 85,01) 17,110 15. 125,110 9/],100 91, 49.(11 49,00 58 ]IT~OD I1. 00 76. 7±6.(36 1)r,, 4n.na 49.1111 59 17.00 HIM 11, 95.00 91.011 95, In,nn b1) 1?,00 1R, nl.00 95.00 96. A5.On 10,nO 61 40.(10 19. 7u).1141 42.11(1 91, 65.00 In. M) fit 7).00 70,90 SO. 56,00 42.00 98. I6 nn 16.00 61 16.00 16.011- RI 56.00 1, 2,(10 99. 1 A,DO 1Un 61' 117. 11,00 511,00 100. 26.$11 711.00 1115 to 00 86,00 R 1. 56,011 42.00 IO1. 19.00 I l.0n 1 66 9nit 55,110 8A. 57.nn 59,00 In7, 76,110 23.50 67 60.00 74,45 R5. 5it.00 511,66 101. 19.00 A6.00 fAR 81.00 06. 100, fill 100,110 1011 . 66 ,11(1 11 , 00 69. 96.20 Al, An. [it) 2411.1111 105, 111,1111 AA,on 701 )6.00 16,110 88, 57.00 on 11. 70.(1(1 IH,(111 R9, 51.(it) 55.00 - 11 . MOO 36,333) 91). 16.1711 1 CITY COUNCIL AGENDA SACK-UP SMIARY SHEET I DATE OF MEETING: September 20, 1983 COUNCIL AGENDA ITEM ?k Consent Agenda SUBJECT: Hid # 9186 Auto-Sampler Equipment S1JMMY: This bid is for the pu-chase of instrumentation _:;uipment for the Perkin-Elmer Auto-Sampler equipment ilk L"e Waste- water Treatment Plant, This euuipment is an addition to existing Perkin-Elmer instruments and must be totally compat.blel The equipment is used for taking, d>agnosing and analyzing samples of waste water, ACTION REQUIRED: Approval by council and award of bid. SOURCE OF FUNDS: 1982-83 Budget account number 624-008-0480-8502-=?76, Water and Sewer Laboratory Special Service, r RECD,@IENDATION: We recommend this bid be awarded to the only bider, Perkin-Elmer of Richardson, Texas in the amount $26,207107 with delivery in 28 clays, EXHIBITS: k ne. SUBMITTED BY: Tom D. Shaw, C,P,f, Assistant Purchasing Agent r• CITY COUNCIL AGENDA BACK-UP SMWY SHEET DATE, Or MEETING: September 20, 1983 COUNCIL AGENDA ITEM li Consent Agenda SUBJECT; Bid 0 9187 Sampler Laboratory Equipment St:. MARY; This bid is for the purchase of laboratory equipment, flow meters and accessories for the Municipal Laboratory at the Waste Slater Treatment plant, ACTION REQUIRED; Approval by Council and award of bid. Si"iURCE OF FUNDS; Funds for this purchase will be taken from 1982-83 budget account 624-008-0480-3502-9976, Municipal Laboratory Special Service. REC MMENDATION; We recommend this bid be awarded to the lowest bid meeting specification of ISCO, Inc, in the total, Amount of $5,854,00 with delivery in 28 days, FOB Denton, Other lessor priced bids were received however, the equipment bid is not compatible with existing laboratory instrumentation, EXH IBIT S; Ta ulation sheet, SUBMITTED BY: To:n D, Shaw, C,P,bf, Assistant- Purchasing Agent Ott) #.._.__.9187 BID IT118 Sampler Laboratory 1?cui met1L OP1RNFM 9/6/83 Isco, I11e.. Isco mmilling Sigma % Wnsto Tech. , lac, Motor, Inc ACCOUNT d Water Pr-,)d. i'IEFi U1 SCt~iE'TI_Uh1. NI)Oi~_-.- Vl.N0Ql2 •T V1N00FZ- _ VGNUOIZ Vf,NUUK VrN)Ult VLNOUR - ?N 2 1 L5 ;00 _ 2 , i 15 , OU 1 , 706 , 00 2,095.00 160.00 160,00 121.00 65.00 54,00 54,00 w/ilelllll w/Itolli#I 1+' 65.00 65.00 N/A to/lCemhl - - - - - - - 5. 185,00 185,00 221.00 224.00 6. 37.00 37.00 451.00 35.00 71 170.00 170100 168,00 w/1-temlll 8' 20.00 20,00 w/item117 35.00 c~ w/ 1. tom#7 18.00 10. - 90.00 90.00 114.00 98.00 11 2,705.00 2,725.00 2,314.00 2,695.00 12, 185.00 185.00 149.00 125.00 13, 55.00 55.00 '71.00 35.00 13.00 13.00 N/k 13.00 DeII've t•v 4 weeks 7.1 days 30 (trtys 21 days FOB 1)o11ton Donlon 1)eulon Den Lon it CITY OF' DENTON MEMORANDUM TO: Mayor ana Members of the City Council FROM: Charlotte Allen, City Secretary DATE: September 15, 1983 SUBJECT: Back-Up Materials for Consent Agenda Items 2.A.b and 2.A.7 The bids for the roof mount air conditioner and the office remodeling will be opened on Friday, September 16 at 2:00 p.m, Back-up materials will be forwarded to you prior to the September 20 meeting. Thank you. Charlott6 Allen c FA 1022C/1 F C~~ L 3 CITY COUNCIL AGENDA BACK-UP SUMARY SHEET DATE OF MEETING: September 20, 1983 COUNCIL AGENDA ITEM $ Consent Agenda SUBJECT: Bid 11 9190 Roof Mount Air Conditioner 80"Y: This bid is to purchase and install a 5 ton roof mount air conditioner with heat pump at the City of Denton Service Center for the offices for Purchasing on the Mezzanine in the Warehouse at 901 Texas Street, This would depend on the approval of bid number 9192 Office Remodeling and construction, ACTION REQUIRED: Approval by council, SOURCE OF FUNDS: Budget 1983 fiscal year 100-002-0582-9101, RECOTDJENDATION: We recomend this bid be awarded to the low bidder, as shown on the tabulation sheet of Able Sheet Metal • and Air Conditioning in the amount of $4,893,00 EXHIBITS: .Tabulation heel. SUBMITTED BY: ( ~Johl~ J~, ars all, C,P,M, ~,Purc sing Agent I • M 1 9190 DID TITLK Roof Mount Air Conditioner OPP,NND 9/16/83 ACCOUNT 0_100-003-0582-9101 - Able Sheet Windmer CBS Mech, Pen-'Pox Metal & Air Air Cond. Air Conti, Cond. _ VENDOR -VEN Q9 - - VFND0R _-VPNUO_ R V_EN[ R-- 1 1 ibn R„of Mount A C & Heat $4,993,00 $5,557,00 $6,090,00 $69579,00 ~Compiete with duct wiring mid - installed , 0 CITY COUNC'I'L AGENDA BACK-UP SUA'OWY SHEET DATE OF MEETINGI September 20, 1983 COUNCIL AGENDA ITEM 0 Consent Agenda SUBJECT; Bid # 9192 Office Remodeling/Construction SUMMARY; This bid is for the construction of offices on the mezzanine in the City of Denton Warehouse at 901 Taa:as Street, The area is approximately 1,200 square fee: con- sisting of one Central Office/reception, 2 offices, l storage room and a specification product library. The construction will be according to approved building specifications and meeting city codes and ordinances. We received five bids, two meet specifications as sub- mitted, then we received alternate bids deleting Unistrut 300 Group I Vinyl and using vinyl covered sheet rock and steel framing, ACTION REQUIRED; Approved by council, . SOURCE OF FUNDS: Budget account 710-002-0582-9101. RECOMMENDATION: We recommend the bids as specified, meeting specifi ations and shown on item one be rejected. Then award the alternate bid to the lowest and best bidder of Graco Constru,_;ion for the amount of $15,792,00 which is adequate and sti',l meet all the codes of the City of Denton, EXHIBITS. Taillation s eet SUBMITTED BY ; Joh s all, C.ET,M M. ng Agent q.IU N_ 9192 BID Office Construct ton Remodel,tt, OPMN 2 PM1 9-16-83 David Cray & Jort©s & Craco - ~ Duffield Batey Jeffery Const, ACCOUNT 100-002-0582-9101 Co. Corlst, Co Coils t Co. Co, Q'I 7 1; GSCRI 1' ON VOIt 0 _ R D011 L OR bOR~ ~'FNnU 1. Office Construction as specified _ 29095,00 21,150,00~~ - 2. Alternate I 19,755.00 17,885,00 15,792.00 Delete unlstrut specifications and u9e vinyl 91,ee1; ruck with - metal studu,~ ~ r7 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING; September 20, 1983 COUNCIL AGENDA ITEM 11 Consent Agenda SUBJECT; Purchase order 59600 to Shermco Industries SUMMARY: 'This purchase order to Shermco industries in the amount of $3,735,66 is for the parts and labor to rebuild a 500N.P Allis Chalmers electric motor. This motor is used on crater pump Ill at the water treatment plant. ACTION REQUIRED; Apps;oval by council. SOURCE OF FUNDS; 1982-83 Budget account number 620-008-0460-8339, Seater Plant maintenance, RECOMENDATION; We recommend this purchase order in the amount of $3„735.66 to Shermco Industries be approved and invoice 1631 be paid. EXHIBITS: Dopy of purchase order and invoice, SUBMIT"TEU BY o T•.~m D. Sliiw, C.P. I. Assistant Purchasing Agent INVOICE No, Sherrnr = Industries, It Ike. 16 51 S1 0 IM CONOROSSMAN LN. • ASCD • DALLAS, TEXAS 4 214 351.1211 Q P.O. BOX 20$42 • 0AL1,A$, TEXA$ • 15220 :'r M.!r...,....•T'ftltt7.1"""W • l,•.`(n~ 10725 REMIT TO a p54;~ 80tir8d 2 4-GAL,i:27 ~X "7 SCO/005 P. 0, Box 20542 Is Dallas, Texas 75220 S 0 City of Denton H L 215 E. McKinney St. P Denton, Texas 76201 T T 0 Attn; Acoounts Payable 0 INVOICE GATE OATt SHIPPED 709 ,NUM9EA PURCHASE ORDER NUMBER SHIP VIA P.O, B. hams Hit W I♦ MMnN Nr "Y a 1/31/83 8/13/83 7596 59600 Shermoo Origin nAws. C.. ITEM QUAN VI AD. NO. OROEAeD 0 0 E 4 C A I P T I 0 N UNIT PRICE TOTAL 1 1 0 Allis Chalmers AC Motor 587U5 frame, ftG type, 2300 volts, 1125 amps, 1180 R.PM, 60 cycle, 500 HP, 3 r Labor and material to; 1. Disassemble & inspect motor 2. Check rotor & shaft run out both cold & hot 3. Check bearing clearance both . on shaft & in housing 4. Check shaft (ultrasonic) for cracks 5. Replace OPE bearing AS QUOTED 1746.00 6. Mfg. & install new shaft as quoted 1955.00 Labor $ 2464.50 Material 1236.50 Subtotal 3701.00 Plus freight on bearing 34,66 Toter $ 3735.66 CITY of OSNTON, PURCHASING DOPT, PURCHASE ORDER NUMBER 59600 215 S, MaKlnnty Otnton, Ttxas 76201 817/664.8311 0/PW N%tro 267.0042 ~tT "`8-12-83 Ito No. VtilIOOR NO. itRrvlf W4• No. ONiVIRY ACCT, NO. 6Z0-008-0460-A339 Shezow Industries sNlr P.Q. Sox 20542 Tos CITY QP DENTON Dallas, Texas 75220 Water Plant 1701 spencer Denton Texan 76201 SHOW P,O. 110.ON ALL SHIPMENTS,OEI LIVERY TICKETS, INVOICES ETC„SENO INVOICES TO ACCOUNTS PAYABLE, THE CITY OF OENTON. TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL -M20, THE CITY OF OENTON IS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED, ALL SHIPMENTS MUST BE P.O,B-, CITY OF OEh470N, TEXAS ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOUNT I i 1 Repair finish watar pump motor 41 Allis Chalmers Ac Motor, Pram 587US 1. New motor shaft ~ 1 I 2. Ultra sound test shaft 1 i , 3. New bearing 1 4. Labor Lot: Invoice 0 1651 Total ($3,735,66 I i I i Direct All Inquiries To: CITY OF DENTON, PURCHASING DEPT. John J. ,Marshall, C.P.M., Purchasing Agent Torn 0. Shaw, C.P.M., Asst. Purchasing Agent CITY COUNCIL AGENDA C:X BACK-UP SU0 ARY SHEET DATE OF MEETING: September 20, 1983 COUNCIL AGENDA ITEM Consent Agenda SUBJEC'T'; Purchase Order 59911 Street Participation to Jagoe Construction Company SWMARY; This is for the overwidth and depth of street participation on 1oekingb0d and Paisley streets, Be.liair Heights addition. This project was let by the developer before it was brought to our attention that the City would be participating, It therefore was not bid or did it in any way follow the established city procedures. The city Engineering staff has negotiated aprice .for the City's share, which is lower than some of our last bid prices. Please see attached memo from City Attorney C, J, Taylor, ACTION REQUIRED; Approval by Council, RECOI•LtiIENDATION; The staff recommends according to the above and foregoing that we approve the negotiated amount of $9,950,00, We usually pay the developer, but under the circumstances pay- ment should be made either ;jointly to the developer and contractor or to the contractor as shown on the attached, EXHIBITS: Memo from C. J. Taylor, memo from Bill. Cheek of Jagoe Put i.c Com nv, and Jerry Clark, SUBMITTED l, C,P,M. J, <Irs ~alill PurchwAing Agent i i c,'iTY OF DENTON, TEXAS OFFICE OF 1HE CITY ATTORNEY VEMORANWA4 C.J. Taylor, Jr,, City Attorney Joe D. Morris, Assistant City Attorney, I x.03 • ~ 1 Robert B, Hunter, Asststant City Attorney • I <tr` I DATE: August 26, 1983 TO., Rick Svehla, Assistant City Manager ouf. FROM: C. J. Taylor, Jr., City Attorney SUBJECT: Overwidth Paving in Bellaire Heights Addition You have advised that Jagoe Public Company has constructed all. of the streets within the Bellaire Heights Subdivision in accordance with the plans and specifications approved by the City of Denton, You have further advised that the owner of the subdivision or Jagoe Public did not advertise and receive competitive bids as normally required under the City of Denton procedures, Since the streets are already constructed on the ground, it will be a useless act to require the subdivider to call for competitive bids at this time. Under the ordinances of the City of D(snton, the City has agreed to pay for the overwidth paving and probably the owner of the subdivision could recover the reasonable amount for installing such overwidth paving under the principles of law announced in the case of The Universitv of Texas at Austin for additional construction on a construction con'ract which was not let on competitive bids. 1 am further informed by Jagoe Public Company representatives that the compromise. agreement dated July 27, 1983 addressed to Jerry Clark, Engineer of the City of Denton is less than the bid for constructing the streets for the subdivider of Bellaire Heights Addition. Under the above circumstances, it is the recommendation of this office that the City of Denton accept the compromise offer of $9,950100 as the cost of the overwidth ?.mprovements of Bellaire Heights Addition, C C. J, TAYLU , JRI CJTJk:js JA00E-,hPUHL1C COMPANY City ofDonton GENERAL OFF)CFS PubllcWorks NPI P. O, HUN M 17ENTON, 'PF\AS 16201 July 27, 1.983 JUL 2 8 1983 Jerre Clark, Engineer rte; Mockin~7bird Paisley Street City of Denton Be.]Laire Heights Addn, Municipal Bldg. Dentin, Texas 76201 Dear Jerry, In regard to the reverenced street, the owners respons.ibil:ity s only for one-half of a 34 ft. street, and 5 inches depth for that width of a street. The street is 24 ft, wide and 6 inches ciea , so the City's participation will be for the additional inch and ft. of paving and lime, in absence of a City Ordinance covering this area with <x desi. ;•nated amount, we will settle for the following compromise; 1031 ft. length by 22 ft.wide = 2,520,22 S.Y. at One inch Paving 1031 ft. length by 7 ft,width= 801.59 S,Y, of Lime and Paving or Owner's Responsibility: 17 ft, street 5" HMAC Lime: 14# of lime per S, Y, plus testing 19 ft, wide X 1031 ft, long= 177,S,Y, L $2,00 per S.Y. -4,_',54,00 HNIAC: 15 ft,wide X 1031 ft.long= 1,718. S.Y. w $8,20 per S.Y. 1~ „087,60 1. .441. 60 Special Price for City's participation on 24 ft 6" depth; Lime: 14# 26 ft. X 1031 ft.= 2,978,44 S.Y. C! $1,7054 per S,Y, $ 079,50 6" HMAC: 22 ft,wide X 1031 ft, = 2,520,22 S.Y. C$9.25 7 312.04 $ 2,6,391,60 Difference: $2(3,391,60 less $18,441.60(Owner) = $9,950,00. Our compromise on price to the City would make your participa'ion amount to $91950,00. Please issue us a check, since this is _,:~rt of our retainaa_e. Si:;icerely,// !3i 11 C'heei: V-Pres.-Finance lllrn li/~l/PINr•nN n,rP.R.. _nr rr r rnrn..... 13peed MesSage 44.911 +rarrl,ie Speed Message C7\Y~. 1 VtG"Y 7~ L~ l l From G7_e/6~yV J h) e c t i Mc... ()a.Y~ tr^ 2-Q.Q4. \ 7r~+.~~- ~d c~ C•-;-• 't cliv~ - 9 - Date O ' . - - cam.--~~.,.~. CE,vo Signed rUf ±i1~111P1t~ WIN i~az IlsonJones CITY OP OUNTON, PQRCHA$IN0 o6PT. PURCHA$1 ORDER NUMBER 9 218 S, McKinney Denton, Taxas 78201 6171566$:111 D/FW N%tto 297.0042 DATI 9-6-83 s+a No. VANOOA N0. TIMMS W.O. NO. OIUVNfY AW, NO. 432-002-0010-9105 Jagoe-Public Co. SNIP P,O, Box 250 Denton, Texas 76201 Tot CITY OF DiNTON Public Works 215 E, McKinney Denton, Texas 76201 SHOW P.O.NO.ON ALL SHkPMENTS,OELIVERY TICKETS, INVOICE'S ETC.. SEND INVOICES TO ACCOVNTS PAYABLE, rHE CITY OF O£NTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL *20. rHE CITY OF OENTON IS PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE 'T IS RECEIVED. ALL SHIPMENTS MUST BR F.O.B., CITY OF OENTON, TEXAS. IYEIvI CITY yTOCK NUMBER DESCRIPTION OUAN./VNkT PRICE AMOUNT Participation of Mockingbird 5 Paisley Streets total street (see attached) 23,391.50 Less owners participation -15,4141,60 Due Jagoe 9 50 I;0 I _ i L I For legal and council approval, (see attached) I ~ I l i l 1 I I i Direct All Inquiries To: CITY OF DENTON, PURCHASING DEPT. John J. Marshall, C.P.M., Purchesing Agent Tom D. Soo, C,P,,M., Asst, Purchasing Agent JAGOE-PUBLIC COMPANY GLINFRAU OFFICES V. O. BOX 150 W;N'rON, TrXAS 16201 July 27, 1983 Jerry Clark, Engineer Rei Mockingbird & Paisley Street City of Denton Bellaire Heights Addn. Municipal Bldg. Denton, 'Texas 76201 Dear Jerry, In regard to the referenced street, the owners responsibility is only for one-half of a 24 ft, street, and 5 inches depth for that width of street. The street is 24 ft, ide and 6 inches deep, so the City's participation will be for the additional inch and 7 ft# of paving and lime, In absence of a City Ordinance covering this area with a designated amount, we will settle for the following comprimisei 1031 Et. length by 22 ft. width 2,520,22 S.Y. at One inch paving 1031 ft. length by 7 ft. width 801.89 S.Y. of Lime and Paving Or Owner's Responsibilityi 17 ft. street 5" HMAC Lime; 140 of lime per S.Y. plus testing 19 ft. wide X 1031 ft# long - 21177 S.Y. at $2.00 per S.Y. $ 4,354,00 5" HPSAC. 15 ft. wide K 1031 ft. Long r 1,718 S,Y. at $8,20 per S.Y. $14,087.60 $18,441.60 Special Price for City's participation on 24 ft. 6" depth: Lime; 14# $ 5,079.5b 26 ft. X 1031 ft. - 2,978.44 S.Y. at $1.7054 per S.Y. 6" HMAC: $23.312.04 22 Et. aide X 1031 Et - 2,520.22 S.Y. at $9.25 $28,391.60 Difference: $28,391.60 less $18,441.60 (Owner) - $9,950.00. Our comprimise on price to the City would make your participation amount to $9,950.00. Please issue us a check, since this is part of our retainage. 5in~-ere~y, / 1` Bill Cheek V-Pres.-F!nance VITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J, Taylor, Jr,, Cite Attorney Joe D. Morris, Assistant City Attorney Robert B, Hunter, Assistant City Attorney ' DATE; August 26, 1989 TO; Rick Svehla, Assistant City Manager FROW C. J, Taylor, Jr., City Attorney SUBJECT: Overwidth Paving in Bellaire Heights Addition You have advised that Ja-goe Public Company has constructed all of the streets within the Bellaire Heights Subdi~vis on accordance with the plans and specifications approved by the Cit?' a You have further advised that the owner of the subdivision or bids as Jagoe norrmallyrenquired under advertise fn Denton procedures, Since the streets are already constructed on the ground, competitive be a useless act to require the subdivider to call for p bids at this time. Under . the ordinances of the City of Denton, the City has agreed to pay for the overwidth paving and probably the owner of the subdivision could recover the reasonable amount for installing such overwidth paving under the principles of law announced in the case of The University, of Texas at Austin for additional construction on a construction contract w is was not let on competitive bids. I am further informed by Jagoe Public Compan representatives that the compromise agreement dated July 27,, 14 . " addressed to Jerry Clark, Engineer of the City of Denton is less than the bid for constructing the streets for the subdivider of Bellaire Heights Addition. Under the above circumstances, it is the recommendation of this office that the City of Denton accept the compromise offer of $9,950.00 as the cost of the overwidth improvements of Bellaire Heights Addition, C, J. TAYLO , JR. CJTJR: j s CITY COUNCIL AGENDA BACK.Up SUMMARY SHEET MEETING DATE; September 201 1983 SUBJECT; Approval of the final plat of Apple Creek Addition SUMMARY; The Apple Creek Addition is comprised of 11.4113 acres of multi-family (MF'-1) property located adjacent and south of East McKinney, adjacent and west of Mack park and east of Woodrow Lane. Multi- family development is anticipated. Access will be from East McKinney exclusively. No street improvements are required. A 6 inch water line will be looped through the complex and an 8 inch sewer line is proposed across the East McKinney Street frontage of the tract. Underground electrical service will be provided and cable T.V., gas and telephone services are available. Drainage is a significant consideration. The Senior Civil Engineer has completed his review of engineering plans for drainage and feels that they are adequate. ACTION REQUIRED: Approve the final plat RECOMMENDATION; The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced final plat Davidid Ellison Development Review planner w fkAl{ I ~ ~ s,f ri • _ t __...MCKIpfrEY $TA[F,T VI011NTY MAI .,I.. f ~ _ ,may! ♦ 1 1 ✓~~t1 l O l i i t l ~ (101 I I .~l ✓ ~1 f "t0 a y I~~,~1pp L~N,SI' t ' u;.uI'll IT r Witt AFr I I { ~t Clrr a ue+rtlvr SIT OVC i `It 0121 /JFS 04 ' f 1M10'1d4 . ~ i t 'III MI end ! w I ~I ~I 1 I 1 i .~y+ ~ I ~I 4 ~ i LOT I BLOCK I V' lit I~I r I t ~ t1 1 I1 X46 I ~ 1~I ~I ray f 1 1' 1 lr ~ ~Vllt N~`~`t JIIJG x`'11 1 b , i ' 000 I ,1 it i l 1 E ~ 'OeIrNNI 11 $J4 96p' 1 f4LL1fMF A I !1{ f 1 r 114091 4 d1. 1 _ ywoii list " 11 i lu ` 7""" l xi~ _ •I 20' MAJ06411f y"~$t.. I ,N r M1,II, r-1 „ e4rlrw Tisl~1~_... ~ ~40 _ . IYNr 9CALG I" 100' OfFI AMERICAN LAND JULY 211 1463 FINAL PLAT 291 N CRAWFORD APPLE CREEK NORMAN, ox73069a Being 11 JII acres in Ins T M DOWNING SURVEY A•346 City 9 Courtly of Dlnron, Texas IIIMi[ Itlll .Ifs. I o tl N p .tl ~0 ytl CITY COUNCIL AGENDA SACK.-UP SUMMARY SHEET MEETING DATE; September 20, 1983 SUBJECT; Approval of the final replat of Block 22, Carroll Park Addition SUMMARY: Block 22, of the Carroll Park Addition contains 3.161 acres of property with an office (0) zoning classification. The plroperty is located adjacent and west of l-ulton Street, adjacent and north of Emery Street, and adjacent and south of the proposed extension of Westway Street. The intent of the replat is to establish six (6) separate lots that are ranging in size from 22,900 square feet to 22,990 square feet. The Planning and Zoning Commission ap- proved the preliminary replat of this property at its meeting of May 11, 1983 with the conditions that; (1) the pro- posed traffic island be entirely located within the subdivision and not in the dedicated roadway, and (2) provide for improvement for one-half (1/2) of Westway Street. Fulton and Emery Streets are improved and provide this property with adequate public access; however, improve- ments to Westway must be made to provide lots 2 and 3 with frontage along a public street. The zoning ordinance requires each lot or building site in the city to provide public access in tho form of a dedicated public street unless some alternative access is approved through Planned Development (PD) zoning. Water, sewer, electrical gas and telephone service is available and drainage is not a major factor. City Council Back-up Carroll Park Addition September 20, 1983 Page 2 ACTION REQUIRED: Approve the final replat. RECOMMENDATION; The final replat and engineering plans are adequate. The Planning and Zoning Commission unanimously recommended ap- proval at its meeting of September 14, 1983 with the stipulation that improve- ments to Westway Street be made within four (4) years. ATTACHMENTS; Reduced replat David Ellison Development Review Planner N0o°19'45°w 129. J7' r._~._. I I .._.I II ~ I I I 1 a, 1 I I N I I I I I ~ 1 1 I I N N 1 1 ~ 1 I ~ I 1 ~ W O O I ~ I I g fl) ; ~ i O 40 ~ I I I E ~ i ~ I I I i u ! 1 1 I I 1 i J ~ I I I I I 164.62' I I ' 166. ds' fTl I P--- I I 4o II w i~ I f :I I 1 I ? I p, I z I~ I ~I c l ITl V ,1 N I I u I N 1~ e i ~ r o I ~ m I I a• ° N I I (N a Y o a Ch ,y 'n I I ' \ r. A w r I m rbi I 1 n° ~ I I ' 1 ' i I 1 l~ l ' 1 i H I 146.06' I II -Ir-- 164. 56' 11 ~I I) 1 Nou os Is w f ! i7 ~ L-1L_.I i j IJ yl I{ I N of ~s. i I I ~ ~ ~ rt!] i,t 00~ i !'1 n i N Q1 l\-/1 I ; ~ E LL A i I O ~ i~ C I N• I I ~ ~ N I I I " 1 1 ) 11 ~ ~ I I i ' ' ' ~ yyr I ---.-_0.9.! 14 I 1581/p u°I 4PI i wo I ` •1 C r rdl ~ ` 164.70' 91 1 ul1 f 411 o" $I 166.50' I S0 0 °00'ou,w 329.0o' FULTON STREET CI'T'Y COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: September 20, 1983 SUBJECT: Approval of the final replat of lot 6A, block A, Oakhill Addition SUMMARY: The above referenced resubdivision is located along the south of Headlee Street, between Carroll Boulevard and Mesquite Street. Single family (SF-10) zoning is in place and the intent of the re plat is to establish two (2) residential lots which will exceed zoning ordinance requirements. Water and sewer streets and other public facilities are in place and available for extension. The final replat and accompanying engineering plans are adequate. ACTION REQUIRED: Approve the final replat. RECOMMENDATION: The !Tanning and Zoning Commission recommends approval by a unanimous vote. ALTERNATIVES; Approve the final replat. ATTACHMENT: Reduced replat 4' 0- av son Development Review Planner ~4E rapt E-£ serror)0'E 1900• X1.1., 1 9r It - ,r I i s Y v 40T 6R.2 / a, a LOT 8R-1 + o r ~ 1 i J i W r M1 ! 1 h Y N' J 0. 7 ttOtt t'N0 i • pOtYVOPI SEC i _ ' OAKHIL~ gLOCyy A ~ _ n 1, I /I - C 0 V ~ .h AI'IAIiC L11'E'Atll1 '+I - I ' i2 n6' 1 ~ • 41 12 1 N&7'03'!0'w 1900' OAKHILL AOOITION SECTION Two 1r .r CAB 8/PG ;5 RUSSELL INAPP 602 ANNA L EN ION, TEXAS '6201 i 11 t` - riNAL A[PUl SCALE 10' -Aw JULY iS. X961 rte. A OAKHILL ADDITION SECTION TWO LOT 6R-I a 6R-2 "E BLOCK A ' .1 ie L N(PLAI ¢ )1 %A, dL.MCA A 11 )APPILL A001110A " LOCATION M AP t(<1 )N '00 1 1h( .Mn(+( SfA M0111 ( .1(\ OU1111 JI ]LM11')4 , ((YAL ^~17 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date: September 20, 1983 Subject: This is a public hearing concerning the proposed annexation of approximately 150.5 acres of land beginning at the intersection of FM 426 and Mayhill Road and extending easterly 250 feet either side of the centerline of FM 426 for a distance of approximately 3,000 feet, including a 104 acre tract on the north side of FM 426. (z-1590) Summary: A mobile home park development has been pro- posed on a 104 acre tract located on the north side of FM 426 approximately 3,000 feet east of Mayhill Road. A 500 foot wide strip of land centered on FM 426 between the existing city limit and the tract proposed for development is included to meet statu- tory requirements. The Dr. Pepper distribution facility at Mayhill and Ea3t McKinney Street as well as a church and approximately three (3) dwel- lings along East McKinney street are land uses which are included in the proposed annexation. The proposed mobile home development meets at least three of the four guidelines con- tained in the city annexation policy for determining when a development should be ^onsidered for annexation: 1. Single family development over five lots, 2. Any area where the density exceeds 500 units per square mile. 3. Any developmene that might have a sig- nificant impact upon the city, includ- ing but not limited to service costs, increased traffic, utility needs or utilization, safety or health hazards. City Council Agenda September 20, 1983 Page 2 Summary; (Continued) City water and wastewater capacity is avail- able to servo the area; street maintenance is not a major issue in that the development will be on a farm to market road, and inter- ior streets will be private if a mobile home park is developed. The solid waste division considers mobile home parks to be the same as residential customers and feels that the proposed development will pay its own way. Annexation of this property will enable the city to evaluate the proposed land use in conjunction with the zoning process for compatib,i.lity with the Mobile Home Park Ordinance, surrounding land use and the land use plan. Alternatives; I. Take no action. 2. Reduce the size of the proposed annexation. 3. Discontinue annexation proceedings. Source of. Funds: Departmental budgets to provide services. Recommendation: The Planuing and Zoning Commission recommends approval of annexation to control growth in this area. Exhibits: 1. Service flan 2. Map 3. Reply forms total 4. Property owners list Charles S. Watkins Senior Planner PLAN OF SERVICE YOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service 9 adopted by the governing body of a city prior to passage of an ordinance annexing an area; and IMEREAS, the City of '.)enton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEN'TON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A. Police ~1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be insztalled as the need therefore is established by appr.priate study and traffic standards, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industria'_ use will be provided at city rates, from existing city tines on the effective date of annexation, and thereafter from new lines as extended in accordance with cr-Cjcle 13,06 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordanZln with article 13,06 of appendix A of the code of the City of Denton. Texas, E. Refuse Collection (1~ The same regular refuse collection service ncx pro- vided wit'.,in the city will be extended to t~,e annexed area within one month after the effective date of annexation '~ervios Plan anexed Areas ,age two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic floe', etc.) w4.11 begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the neod therefore is determined by the governing body, wil) be accomplished under the established policies of the city, G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of, annexation, H. Planning and Zoning (1) The planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (3.) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of Cite of Denton for electric power, wervice Plan Annexed Areas Page three L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, the Plan is prioriti.;ed by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 1C\!7~.i\,RR'3i'C fif? jam{' Y''.Y l " J ~ Yta p~ ~~y ' ~ ' ' ~ ~ ~."~q:'. Fl P,~,M'y,~ ~'MF ` ~P f s. ,y• ~ 1 1!r' , ~ . ;1 v '1 r . t `+t i . Jr• r.-..r~•. J, 1~'~ li'`({ ,.7 yet •`j {{il:~~l ~"1' . C'i 4 40 ~y , • a 4 L , 1.., lot , ' ~ r~~'~ r ~ ,LJ~ J 1 • ' R 1 ti~ ~ . It ^p'; W . ~ • 1 . ' 7 . 1, ~ j 1':.'. 11. ~ J 1•.4*;~,~ , 1 i. ♦ , ' of `i`q..Y~'FO. ~ f'x [IN f 40 e Zri,~ 1 \ y 1 ri ` f, rl,~ y1 t w ~ , • . ~ r. L, ~ • ; ;F7 . 4 . 1` r L ~I 1 ~~T.y~j. I '1 ♦ }r tit. ~1 ~ u.~r ..~f~~fjy~\ f` ~rlil''.• ♦ ~~,~.y ~~,~~lr. 1~`' ,•I•~t\ `I i `J , l l~ {~~,]L~, ~ ~ .~A a J~ ` ~I 1~.11C•s~°+"` 1 ,i ~ \'a) ; i ♦ * +1,e 'Lyr. !r 1r s •I• • fr ' I t1~ ,,i f 1t ~'1.' . ny1~f~F: i f I .r ,I ]L 1 ~1 ` 'a1 ~'a• ~•r i."L 10 '1^1,ai r..I .r 1' r r• r r PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1590 (September 6 and September 20 hearings) IN FAVOR IN OPPOSITION UNDECIDED Champion Home Com- Felix & Lotta Callahan m,anines 1127 Ector Thomas Id, Kellogg Denton, Texas 12886 Fairlane 387-6216 Livonia, Diichigan 48150 522-6906 John D, rIcDoanld Route 2, Box 655 Denton, Texas 387-9360 Marilyn Hinson Route 2, Box 664AA Denton, Texas 76201 383-3913, 387-1231 2- /S, fli 11ilY~L IC G 1 Q. (~lanp_ -214 ~,p,,,~l'Pr lne n l~ 7. 1 J Frank- J. Alell S' :20 n~f 1 1 ri , C. p~R~ u1d~do I I 7~ ~Z c i 9 -A;4vtt-" 1 G 6 Pn It It _ of ! , 0 7 , le h I i f` .II ' , n f r~"rho C lie l1 1 \I ' hri C ~5~/nl< _ ~c , t' ,o 1 PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No. Z-1601 Meeting Date; September 20, 1983 GENERAL INFORMATION Applicant: Russell Trapp 1602 Anna Denton, Texas 76201 Status of Applicant: Prospective Developer Requested Action: Change in zoning from sin le family f (SF-7) to two-family (2-F classification Purpose: Potential. development of six (6) two-family residential structures of whinki four (4) will conceivably front on Bolivar Street and two (2 will conceivably front on North Elm Street Location and Size: 1.4.78 acres adjacent and east of Bolivar Street; adjacent and west of North Elm Street and between Taliaferro Street and Sherman Drive Existing Land Use: Vacant Surrounding Land Use and Zoning: (Bolivar Street) North - New Creation Fellowship Church, single family; SF-7 South - Multi-family, single family, two-family; MY-R, SF-7 East - Single family; SF-7 West - Single-family; SF-7 Surrounding Land Uae and Zoning: (North Elm Street) North - Multi-family, single famil;i, two-family SF-7, 0, C South - Single-fam~ly; t-wo-family; SF-7, MN-1 Fast - Single-family; SF-7, MF-1 West - Single-family; SF-7, MF'-R Denton Development Guide: Area is designated as low intensity. Z-1601 Page 2 SPECIAL INFORMATION Transportation: Bolivar is a residential street. North Elm is a primary arterial street. Both streets have adequate capacity to serve the proposed land use. 1 Public Facilities: facilities utilities and public Site. APPLICABLE: REGULATIONS Parking: Two spaces for each dwelling unit are required for two-family land use. Minimum Setbacks: Front - 25 feet Side - 6 feet Rear - 6 feet Minimum Lot Width: 60 feet Minimum Lot Depth,, 100 feet Maximum Percentage of Lot which may be covered 40 percent by building: ANALYSIS This site is located in a low intensity area which means that low density residential. development should be emphasized. Duplex or two family development land use is obviously more dense than single family detached but it is not considered high density de- velopment. Duplexes developed today are practically identical f to single family detached structures insofar as architecture and 4 aesthetics are concerned. Many duplexes e.re platted separately foi individual sale and owner occupancy. The character of duplex or two family housing; in today's market has far more in common i with .4ingle family development than multi-family development. ~~1601 Page 3 ANALYSIS (Continued) If approved, this propoaal would permit the development. of a maximum of four (4} duplexes along the Bolivar Street portion of the property on lots appproximately 70 feet by 151 feet in size. Two (2) duplexes could be developed on the North Elm Street por- tion of the tract on lots approximately 66 feet by 151 feet in size. A replat requiring a public hearing and notification of lot owners in the preceding subdivision would be necessary to gain the above referenced lot yield. Traffic from this develop- ment would not adversely affect nd,jacent streets and it is not felt that the area density/intensity standard would be violated Multi-family (MF-R) zoning and land use borders this property to the Bolivar Street portion of the tract to the south and a churct borders it to the north. The North Elm Street property is sit- i uated along a major arterial and is nestled between existing single family, two family and multi-family land uses. Logical, transition between existing land uses and zonin would not be disrupted by approval of this request and polices urging limits on concentration of land uses other than low density single family would not be violated. RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-16WI by a vote of 6-0. ALTERNATIVES 1. Approve petition. 2. Deny petition. ATTACHMENTS 1. Aerial 2. Reply form total 3. Property owner list 4. Planning nd 'honing Commission minutes of August 24, 1983. t W. , At .A 40* J N VIP t q4 „8F .R ~1y` , h ; l.,vrryit,lP.:,W ~ 7~ .N ` ,,,r ...wM.m~e . t 0, Ao, • . A'. err e a• ~ t 47, r aa~C IK rt IY a' Yt..r a ~I • yR~FP' k p 34 ~f+ - o p , r FY r lei ~ iN 1~}Ny s ~ ~ ~ w~t~p,y~p. r - _ re a` ! f' • ~py~~ %w ' 'i ~y,~ ~y~'~p ~aea N'{t 'r P9'm•,~• %~'~,Fr'".Nf.i,111~ ~4 ~ , '~weR+tBd~ , ~ ,~M'•p R''ert.'p...rti y .d gt~ al M1t+ i r p~l~.e~ p q~v .Y.+i+. ~~w~i r.l4a: .,rat, v,~.'. ~b~"~.1 °a?'.. }9~'~''1!RdY.a1'Og~ ~ • . PROPERTY OWNER REPLY F'O'RMS CITY COUNCIL Z-1601 IN FAVOR IN OPPOSITION POSITION UNDECIDED Alma Orr Trapp Bertha Powell 1901 Emerson 2119 Bolivar Denton, Texas 76201 Denton, Texas 76201 ^ ~wwA.rwwww.vww jail e! o; 1!!1 rvn S~LfY1< , 19t! l.;i„Prsr,r~ /.lr~r,•lr~i '7~ ;zt! , ~.lc .1 iL ! h,a frrt a C,iiv•i irc,.~ o I'' 1 ~U C' ?nn P4 '1-~ _ jz- h i I I is 132 fo 0 f s tv. C! r'v II 1 o) Ye n &NN on I, 1 17~ ~Iet :3 q e M '7 i r 1 1 , 11 A'. ~1a 2 2p4 C ~~-~n`'n Cry FPm 2 2 .ti~r~ 1 a i e2 I ,fi vu' ?t! 1' ;ar 7 ..111 ,,1~• 1' . r i'`I 1 iii( •t( ~.(.I~i.ll~6rl '~h .7 1 5 2 r P c~ < e a r' r ° 1 (I,qtll L, e 1^ I,) 1 ? fi f i c• ~2. 3 1 1 iI 'r^rFil e.r 3 I' T. 1 n~^ AY) vo^ ~Ily/ 11 jlU: • r + ~f6 w Minutes Planning and Zoning Commission August 24, 1983 The regular meeting of the Planning and Zoning Commission f the City of Denton, Texas was held on Wednesday) August 24, 193, at 5:00 p.m.) in the Council Chambers of the Municipal Building. Present; Bill Claiborne, R. B. Escue, Jr.) Gary Juren, Robert LaForte, Thomas Pearson and Andy Sidor Absent; Ruby Cole Present from Staff: Charles Watkins, Senior Planner, Steve Fanning, Compehensive Planner; David Ellison, Development Review Planner;David Ham, Assistant Director of Utilities; Jerry Clark, Senior Civil Engineer; Koorosh Olyai, Transportation Engineer; Denise Spivey,. Planning Technician; Elizabeth Evans, Administrative Intern; Julia Moore, Administrative Intern; Sharrqn Jarmon, Administrative Intern and Louise Coleman, secretary Chairman Robert LaForte called the meeting to order. 1. Mr. LaForte read the resolution for appreciation of Marilyn Mays and made the presentation of the resolution to Ms. Mays stating that he had enjoyed working with her in the past. Procedures for the public hearing were explained by the chairman, II. Public Hearings A. Z-1601. This is the petition of Russell Trapp requesting a change in zoning from single family (SF-7) to the two family (2-F) classification on a 1.478 acre tract located between Taliaferro Street and Sherman Drive. The property has 286.8 feet of frontage along (UNAPPROVED) the east side of Bolivar Street and 137 feet of frontage along the west side of North Elm Street. The property is more particularly described as part of lot 2 and all of lots 3, 4, 5 and 6, block 2, Mercer Addition. P & Z Minutes August 24, 1983 Page 2 Mrs Ellison stated there were 24 notices mailed to property owners; three reply forms were received in favor; 2 reply forms were received opposed, Russell Trapp, petitioner and part owner of the siubjbr.t property, expla.ned surrounding structures of area and stated that the persons he had spoke to were in favor of the request, Mr. Sidor inquired if he had plans for a two-story or single story structure. Mr. Trapp replied a single story. Lucinda Adams spoke in opposition representing the neighborhood against this type of request as she feels the intensity of traffic is already to heavy and fears this type zoning will start a trend and lead to downfall of the neighborhood. Ms. Adams mentioned this was not the first time she had appeared at a commission meeting in opposition to other proposed zoning which she felt was against the character of the neighborhood. In response tQ a question posed by Mr. Juren, Ms. Adams said she didn t know how long ago there had been any new single famil}}p homes constructed in the area, however, she stated there is a lot of renovation in the neighborhood. Mr. Ellison stated the Development Review Committee feels the request is in character with the neighborhood. There is mixed land use in the area. This is an opportunity to offer new construction in the neighborhood and recommends 2-1601 be approved. Chairman announced the public hearing closed. Mr. La Forte said in his opinion this request would not be destructive to the neighborhood and feels there would be no adverse effects and would not increase traffic to much and will vote in favor of Z-1601. Mr. Sidor commented there is a church and other multi-family zoning in the area and feels a duplex is the best use. Mr. Sidor moved to recommend approval of Z-1601. Mr. Juren seconded. Vote was called. Motion carried unanimously (6-0). 7 NO, AN ORDINANCE AMENDING THE EONINU MAP OF THE CITY OF DENTON, T`XAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-I, AND AS SAID MAP APPLIES TO LOTS 3, 4, S AND 6, AND PART OF LOT 2, BLOCK 2, MERCER ADDITION, D£NTON COUNTY, TEXAS] AND MORE PARTICULARLY DESCRIBED HEREIN) AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SECTION 1 The Coning Classification and Use designation of the follow- ing described property, to-wit, All that certain lot, tract or parcel of lana known as hots 4, 5 and 6 and part of Lot 2, Block 2, Mercer Addition, ana being located between Taliaferro Street and Sherman Drive con- taining approximately 1.478 acres of land, City of Denton, Te,!as, is hereby changed from Single-Family "SF-7" District Classifica- tion Use to Two-Family "2-F" Uistriot Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, 'Texas, The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No, 69-1, be, and the same is hereby amended to snow such change in District Classification ana Use. SECTION II, That the City Council of the City of Denton, Texas, hereby finds that sucn change is in accordance with a comprenensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, ana with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the must #appropriate uses of lana f.or the maximum benefit to the City of Denton, Texas, and its citizens, 4-1601-RUSSELL TRAPP-PAGE 1 SEC.110N 111., That this ordinance shall be In full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City -f Denton, Texas, after giving due notice thereof. PASSED AND APPROVED t',is the _ day of 195. RICHARD . 5 E AR , MAYOR CITY OF UENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CI'PY SECRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, Jk., CITY ATTORNEY CITY OF DENTON, TEXAS .^f Z-1601-RUSSELL TRAPP-PAGE 2 I V , k, NO, E AN ORDINANCE ''KHEREBY THE CITY OF DENTON' TEXAS, GRANTS THE RIGHT , PRIVIL:GE G~A1~TE~CWD E ITS SUCGESSORSLk~NDNEAS3,G\S Y TO THE SOUTHWEggST, pp p i AL9SGRU,Ut 1)E R'"J~ERUI D AOHE THE' PUBLIC INSTREETS PAVEN UES; ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH I POSTS POLES WIRESI CAWS CONDUITS AND OTHER APPLIANCES, STRUC'~URE5 A.Nb FIXTURES NE MARY OR CONVENIENT FOR REN0171ON OF TELEPHONE AND OTHER COMMUNICATION SERVICE ANU FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS; SETTING k ?OATH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS; PROVIDING FOR RFGVLAr10N A80 USE OF THE 'M EPHONE SYSTEM; AND PROVIDI.NINVALlDIHE REPEALING OF CONFLICTING ORDINANCES ANT) FOR k WHEREAS, General Telephone Company of the Southwest, ' hereinafter referred co as the "Telephone Company", is now and has been engagad in the telephone and communication business in i i e State of Texas and within the city limits of the City of E i ;,en•on, Texas, hereinafter referred to as the "City", and n k { furtherance thereof, has erected and maintained certain items of Its :land and 1YHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the parries establishing the conditions under which the Telephone Company shall operate within he City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TE;iaS, TWAT : • SECTION L. JRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR CONSTRUC710N AND •LtIN-ENAJNC2 OF TELEPHONE PLANT AND SERVICE There is hereby granted by the City to the Telephone Company ar,d ,its successors or assigns, :ne right and privilege to construe, erecbuild, equip, o r„ aa4ntaIn anc operate a . c g under , over and across the streets, alleys, a,renues, a bridges, viaducts and puo:ic Srounds no.: ithin the -resent nits o said 1 -:its as the sane ErOm time nd and ;he City with 10 "j.1e may Je eXtendec, suc., 7os:5, c les, 0ires, es, .;,ndu: ts and :the, appl lances, st :C.'.'es and .ixt ..res neCassa,- , :c rer.der.;s tele^n0ne a1%C „tner ..cmnunicat:.., er es ahu E0r ..nduC :ng a Sener a: oc2l and .ong ...s*anc: s - :e:e,n0cu :us:aess. SECTION II, SUPERVISION SY CITY OF LOCATION OF POLES AND CONDUIT That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the flow of water in any gutter or drain, and sa that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The location a n a route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Telephone Company in tna construction and maintenance of Its telephone system in she City, and the location of all conduits to be laid by the Telephone Company +i thin the limits of the City under this ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Council or of an-, City official to which such duties have been or may 74 daIagatad, Ali construction plans shall be submitted to tie City for review prior to commencing construction, SECTION III, STREETS TO 38 RESTORED TO GOOD CONDITION That the surface of any Street, allay, highway or pub::: place within the City disturbed by the Telephone Company building, constructing, renewing or maintaining its telephon,t plant and system shall be restored within a reasonable ti:s,t after the completion of the worx to as good a condition i.a before the commencement oB the work and maintained to tn.e satisfaction of the City '_ouncil, or of any City official whom such duties have been or may be delegated, far one ,via; from the date of the surface of said street, alley, highway public place is broken for such construction or maintenance work, after which time the responsibility for the ma intenanct shall become the duty of the City. No such street, all highway or public place shall be encumbered for a longer p•r• than shall be necessary to execute the work. SECTION IV. OPERATION AND MAI,VTE;IANCE OF TELEPHON6 PLANT That the Telephone Company shall maintain its system reasonable operating condition in accordance witn Texas Pub... ?4f,F. utility commission Service and Transmission Standards at all normal times during the continuance of this agreemont, An exception co ;his conaItton is automatically in effect when service furnished by the Telephone Company is Interrupted, impaired, or prevented by fires, strikes, riots or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its power to do, to restore normal service, SECTION V. TEMPORARY REMOVAL OF WIRE$ That the Telephone Company on the request of any person shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (J9) hours advance notice to arrange for such temporary wire changes, The clearance of wires above ground or rails within the City and also underground work shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof, SECTION VI. TREE TRIMMING That the right, license, privilege and permission is hereby granted to the Telephone Company, its ejuccessors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalEs, and public places of the City, so as to prevent the branches of such trees from coming in contact with the 4iras or cables of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of Che City Council or of any City of°ficial to whom said duties have been or may be delegated, SECTION VII. ANNUAL CASH CONSIDERATION TO BE PAID BY THE i1LEPHONE COMPANY That to indemnify the City for any and all possible damages PAGE 3 to its streets, alleys, and public grounds which may result from the placing and maintenance therein or thereon of the Telephone Company'a poles, conduits, or other equipment or apparatus, and to compensate the City for its superintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees co pay to the City annually during the continuance of this agreement a sum of money equal to tw,, percent (21) of the annual gross rscelpts for the preceding year received by the Telephone Company from the rendition of local exchange telephone transmission service to customers within the corporate limits of the City. The first payment hereunder shall be made March 31, 1984, and shall equal in amount cc two percent (21) of the gross receipts received from the date of January 1, 1983 to December 31, 1983; and thereafter payment shall bit made annually on March 3Lst, as herein provided. SECTION MI. PAYMENT OF CASH CONSIDERATION TO 3H IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES That the City agrees that the consideration set forth in the preceding section hereof shall be maid ana recelv~j in lieu >f any tax, license, charge, fee, street or allay rental or any other character or charge for use and occupancy of the streets, alleys, and public places of the City; in lieu of any pole tax or inspection Etta tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or, other character of tax; and in lieu of any imposition, axce?c as provided :n Section CIYV herein, other than the usual general or special ad valorem taxes now or hereafter levied. Should the City riot ha),a the legal power to agree. that the payment of the foregoing Casn consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, -hen the Cicy agrees that it will apply so much of said payment is may be necessary to the satisfaction of tie telephone Companv's obligations, if any, to pay any such taxes, iicanses, charges, fees, rentals, and easement or franchise, taxes, nI , SS ir~y~„ON,~X. FACILITIES TO SE FURNISHED CITY AS ADDITIONAL CONSIDERATION That in addition to the consideration set forth In Section V11, the Telephone Company shall hold Itself ready to furnish, subject to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City's police and fire alarm systami provided that the required wire space shall not exceed four wires on any one pole. The location on the poles of this fire and police wire space shall be determined on specillc applications for space, at the time the applications are received from the City, and will be allotted In accordance with the considerations for electrical construction of the United States Department of Commerce, Sur eau of Standards, In Its wire construction on the telephone Company's poles, the City will follow the suggestions and requirements laid down for wire construction in the Aula s and Regulations of the Bureau of Standards of the United States Department of Commerce. All such wires shall be constructed, maintained and operated In such manner as not to Interface wita, nor create undue hazard In, the operation of the telephone system of the Telaph~ne Company, The Telephone Company snail not be responsible to the City for any claims, demands, losses, suits, judgments for damages or Injuries to persons or proper-.v by reason of the construction, maintenance, inspection or use :i the police and firm alarm wires belonging to the City. SECTION X. ATTAC4MENTS ON POLES NOT HERE AFFECTED That nothing in this ordinance contained shall be construed to require or permit any electric light or power wire attac.h- nents by the City or for the City, except that cable trenches shall be shared with the City where engineeringly feasible, if light or power attachments are desired by the City or for the Clty, then a further separate noncontingent agreement shall be a prerequisite to such attachments by the City; however, joint use of poles under a separate agreement -must be permitted. VothLng PACE. ; i , I I + M herein contained shall obligate or restrict the Telepone Company in exercising its right voluntarily to enter into pole attnah- ment, pole usage, joint ownership, and other wire space and facilities agreements with the light and power companles and with otherwise using companlea which may be privileged to operate within the City, SECTION XI, NO EXCLUSIVE PRIVILEGES CONFERRED Sy THIS ORDINANCE That nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, and this franchise is granted subject to all of the provisions of the Charter of the City of Denton, SECTION XII, SUCCESSORS AND ASSIGNS That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns, SECTION Mt. LIABILITY OF CITY That during the period this ordinance is In existence and enjoyed by the Telephone Company, the Telephone Company shall indemnify and hold harmless the Clry from any and all claims for losses, damages and injuries occasioned to or sustained by any persons, firms or corporations, or their property by reason of the existence, ,maintenance, operation or continuance of this ordinance and the exercise of all rights herein contracted for, except as heroin otherwise provided. SECTION XI'/. PtiRIOD OF FRANCHISE That the right, privilege and franchise hereby granted shall be for a period of twenty (ZO) years from and after its affective date herein after provided, SECTION X'!. 3REACH OF AGREEMENT rf the City ;ball believe that the Telephone Company has preached any provision hereof, the -.Sty shall give written notice cheraof to the Telephone Company specifically pointing out the breach complained of and the City shall take no Eurther acti,)n, legal or otherwise, by reason of any such breach unlesa PAf,F h i and until the telephone company shall have failed to take steps to eliminate such breach for a period of sixty (60) days after said written notice is given, SECTION M. PARTIAL INVALIDITY AND REPEAL PROVISION That If any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal, untra virss or unconstitutional, such invalidity shall not affect the valldlcY of the remaining portions of this ordinance and agreements in conflict herewith are hereby repealed, SECTION MI. DELSaATION OF AUTHORITY That the City may delegate to a designated official or officials the exercise of any and all of the powers conferrer upon the City hereby or by applicable State statutes and laws dhich relate to the supervision and regulation of the Telephony Company in its exercise of the rights and franchises here,.% conferred, but the governing body of the City shall reserve itself exclusively and to the full extent possessed, all powers. if any, to fix and regulate charges and rates of the Telephone Company given the City by law and this franchise. All lawf:. powers not delegated by the governing body of the City ire reserved to) and shall be exercised by, said governing bod exclusively. That at all reasonable times, during the :ontlnuancs of the rights herein granted, the local exchange and general offices ai the Telephone Company shall be open to the said governing ooL:r or its designated official for inspection of original contracts. books of account and Cost operating records pertaining to ::j operations covered by this franchise, Any method of account::ii heretofore or hereafter adopted or authorized by any law of t:e United States or of the State of Texas or under or pursuant t. the authority of any such law shall be Seamed proper aa.a sufficient accounting as to a-ll ,natters .:overed thereby. SECTION ?(VIII. ',AATE REGULATION That it is mutually understood and agreed that a". regulation or Eixing of races to oe charged by the Telannone PAGE I ~ I i Company to the inhabitants of the City shall be pursuant to authority granted by the Public Utility Commission of the State of Texas, and in accordance with the laws of said State in affect at such times; provided, however, that if the Telephone Company makes an application to change existing rates the i Telephone Company agrees to reimburse the City of Denton or reasonable fees and expenses of any independent study and evaluation of the proposed rates by consultants, engineers, and attorneys specially employed by the City. That nothing in this ordinance is tntended to add to or detract from any authority granted by the Legislature of the State of Texas to the City to fix or otherwise regulate the rates and charges of the Telephone Company. SECTION XViX. ACCEPTANCE OF AGREEMENT That the Telephone Company shall have sixty (60) days from and after the Passage and approval of this ordinance to ell* its written acceptance thereof with tr:e City Sacrecary, and upon such acceptance being filed, this ordinance shall take effect and be In force from and after the date of its passage and approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof. PASSED AND APPROVED this the day of 1983• PASSED .LYO APPROVED this the day of 1933. PASSED AND APPROVED this the day of 1983. P. I CHAR 1) 0. l , MAY CITY OF DENTON, TEXAS ATTEST : MARLOTTh c, , Clif a e . CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY ' CITY OF DENTON, TEXAS BY: . PAGE 8 • CITY OF DENTON MEMORANDUM TO: Mayor and Members of the City Council FROM: Bill Angelo, Senior Administrative Assistant DA'T'E; September 13, 1983 SUBJECT: Ordinance Establishing Minimum Standards for Fueling Operations at the Denton Municipal Airport As you know, the Federal Aviation Administration (FAA) has requested that the City of Denton establish minimum standards for fueling operations at the Denton Municipal Airport. In response to this request, the staff has developed the attache:: ordinance which addresses the FAA's concerns. The FAA has reviewed this ordinance and has approved the specific provisions contained therein. I might point out that the ordinance follows the guidelines established by the FAA and tho aviation fuel suppliers industry. The Airport Advisory Board considered this item at an emergency meeting on September 12, 19B3. The Board was unanimous in it's recommendation that the City Council adopt the proposed ordinance, Should you have any comments or questions on this matter, please let us know. Respectfully submitted, Dill Angelo BA/bp NO. AN ORDINANCE PROVIDING FOR MINIMUM STANDARDS FOR FUEL FARMS, FUEL TRUCKS, FUELING PERSONNEL AND FUELING OPERATIONS AT DENTON MUNICIPAL AIRPORT) AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW SECTION 3-181 PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CIl'Y OF DENTON, TEXAS HEREBY ORDAINSi PART I. Chapter 3 of the Code of Ordinances of the City of Denton is hereby amended by adding thereto a new Section 3-18 reading as followsf Section 3-18. MINIMUM STANDARDS FOR FUEL FARMS, FUEL TRUCKS FUELING PERSONNEL AND FUEL OPERATIONS AT DENTON MUNICIPAL AIRPORT. In ocher to assure that fueling operations at the Denton Municipal Airport are safe, that the gyality of fuel delivered to aircraft remains uncompromisee, and that fuel hanaling pro- cedures comply with industry and Federal Aviation Administration Standards, the following minimum standaras and rules for safe fueling are hereby established. A. FUEL FARMS AND FUEL STORAGE AREAS 1. Fuel farms and fuel storage areas must, a. Be locatea so damage by aircraft or surface vehicles is unlikely) b. Be fenced and signed to reduce any chance for unauttiorizeu entry and/or tampering, c. Be boldly marked to clearly snow danger, flammability, no smoking, etc.1 a. Contain no feature which would allow the intro- duction of any foreign material into fuel; e. Be free of any materials, equipment, functions or activities which coula he ignition sources in the highly flammable environment at of around the fuel farm) f. Be placed underground in accordance with the provisions of the Fire Coae of the City of Denton foe underground flammable liquid storage tanks. PAGE 1 2. wln1mumS for Fuel Storage 'ranks Fuel tanks must bet a. Boldly marked to identify type and grade of fuels b. Equipped 14th a nonsplasning bottom inlet pipet c. Closed anc equipped with rain proof vent at least ten (10') feet above graaet d. Equipped with a positive low point sumps e. Equipped with a functioning floating suction pickup or other device to prevent, during normal pumping, the pickup of water and other contaminants from the bottom of the tanks f, Equipped witn a hand "thief" pumps g. Equipped with a floating suction test nole and cable) h. Equipped with a manhole large enough to allow entry for inspection and cleaning) 1. Free of zinc, copper, cadmiumr a, Clean and free of aignIflcant rust, scale, surfactants, biological growth, or other materials which could contaminate fuel. J. Filters and Filter Separator Minimums Filter system muett a, if for AVGAS, contain at least an inflow basket strainer, outflow filter sized to match maximum pump flow capacity, differential pressure check system, and a bottom oraln with outlet located to facilitate convenient capture of outflow, o, If for JET FUEL, contain at least an inflow basket strainer, inflow and outflow filter/separators stzed to match the maximum pump flow capacity, a differential pressure cnecx system, inflow and outflow water slug detector cutoff or alarm, a bottom rain with outlet; loeatee to facilitate convenient capture of outflow, and fuel sampling (millipore) fittings both upstream and downstream of all filters and filter/separators, 4, Fuel Farm Piping Minimums A fuel farm must bet a, completely separated w1 type and grade of fuel; b. Boldly marked and color eodeu at each inlet, outlet and valve to clearly identify fuel type and grade, c. Underground or protected from damage by surface veniclast PAGE 2 d. Free of zinc, copper (except, possibly, tubing serving test or pressure gauge systems), and cadmium, e. Clean and free of significant rust, scale, surfactants, blological growth or other materials which could contaminate fuel. 5. Noses, Nozzles and Outflow Connector Minimums Hoses, nozzles and outflow connectors musts a, Be only those specifically designed, tested and marketed for delivery of aviation fuels, b. If bottom load connector for avgas, be only three (3") inch sizer e. If bottom load connector for het fuel, be only fou: (4") inch size; d. Be equipped with a nonbypassable one nundrea (100) mesa final strainer, e, Be controlled by a spring-loaded, nonbypassable automatic ideadman) fuel cutoff featuret f. Be color coded to identify fuel type, 6, Electrical Equipment, Switches and Wiring Minimums Electrical equipment, switches and wiring must bei a. Reasonably protected from heat, abrasion, or other impact which could cause failure of insulatlon, open spark or other ignition source, o, of a type or design approved for use in Class I, Group D, Division 1 hazardous locations (explosion proof, i.e „ free of exposed conductors, contacts, switches, connectors, motors, etc., which could generate an opan spark or other exposed ignition source during normal operations), 7. Grounding ana Electrical Bonding ,Minimums SyStem must provide tnate a, Piping, filters, tanks and electrical components are electrically Bonded together anu interconnacted to adequate electrical ground. B, Unloading Dock or Station Minimums Unloading dock or station must be; a. Clearly marked and color coded as to fuel type; o. Equipped with accessible fire extinguishers mueting standards of the National Fire Protection Associa- tion circular 4137 is minimum of two, each having at least a 2U-BC ratingli c. Equipped with bond or ground wires and appropriate connector clamps for grounding tankers. PAGE 3 9. Loading pock or Station Minimums Loading dock or station -list bei a, Clearly marked or color cooed a to fuel types b. Equipped with accessible fire extinguishers meeting standards of the National Fire Protection Associa- tion circular 407 (a minimum of two, each having at least a 20-BC rating)) c. Equipped wtn a boldly marked emergency cutoff capable of overriding all other oontrois and stopping, with one physical movement, all fuel Flow; a. if a top load system, equipped with a metallic drop type (naving an anti-splash fuel deflector) long onougn to reach the bottom of the deepest fueler tank) e. Equipped witn a spring loaded nonbypassable automatic "deadman" fuel flow cutoof feature; f. Equipped with bond or ground wires and appropriate connector clamps for grounding fuelet vet,icles. 10. Marking or Color Coding Minimums All parts of the fueling system, including all unloading headers, inlets, tank fills, tank hatches, in and outflow piping, valves, top load crop tubes, hose connectors, nozzles, and venicles must be permanently marked and color code using terminology and colors prescribed In the American Petroleum Institute Bulletin 015421 Black = Jet Al Yellow - Jet B (JP-4); Red : Avgas 80/87 Blue Avgas 100LL) Green b Avyas IUO/130. B. AVAILABIL11? OF AND GROUNDING MINIMUMS All itinerant, terminal, fueling, or other ramps where fueling is regularly conducted must oe equipped with ground rods or connections accessible during fueling operations. C. FULL TRUCKS OR MOBILE FUELERS 1. System must; a. Be coldly marked on all sides to show danger, flammability, standaro hazardous material placard With identification number and, inside crew compartment, to prohibit smoking; b. Be boldly marked on all sides and in crew cab, to show ciearly the type or grade of fuel in the system; c. Contain or diapanse only one type or grade of fuel) d. Be equipped with at least two boldly marked emergency fuel flow cutoffs capable of overriding all other controls and stopping, With one pnysieal movement, all fuel flow; PAGE 4 e. Be equipped with at least two fire extinguishers as prescribed by the National Fire protection Association Circular 407, each being accessible from a different side and each having at least a 20-BC ratings f. Contain no feature which would allow the intro- duction of any foreign material into the fuel or fuel systems g. Contain no feature which would allow fuel or concentrated fumes to contact (during normal operations, overfilling or other spill) the exhaust system, not exhaust gases, or any otner ignition source) h, Be equipped with. an aiefilter or spark arrestor over the engine intake and a leak-free exhaust system terminating in a standard baffled muffler. 2. Fuel Truck Fuel Wank Minimums Tank must bet a. Closed and equipped with gasketea dome covers which contain a 3 p.s.i., emergency vapor pressure release and which are adequate to prevent fuel spillage during vehicle movement or the influx of water at any timer b. Equipped with a bottom tank drain, with an outlet located to facilitate the convenient capture of outflow) c. Equipped with a tank bottom outflow cutoff valve which can block fuel flow and spill in the event of a piping rupture or other valve failure) d, Clean and free of significant rust, scale, surfactants, biological growth, or other material which could contaminate fuel) e. Free of zinc, copper, cadmium, 3. Filter and Filter separator Minimums system mush a. For AVGAS, contain at least a nonoypassable outflow filter sized to match the maximum pump flow capacity, a differential pressure checx system, and a bottom drain with an outlet located to facilitate convenient capture of outflow) b. For JET FUEL, contain at least an outflow filter/ separator stied to match tae maximum pump capacity, differential pressure checx system, water slug detector cutoff or alarm, bottom drain with outlet located to facilitate convenient capture of outflow, and fuel sampling (miliipore) fittings both upstream and downstream of all filters and filter/separators. PAGE 5 A 4, Fuel 'rruck Piping Minimums Must bet a. Reasonably protected from impact or stress wnicn could cause a rupture or fuel spillage) b. Free of zinc, copper (except in tubing serving test or pressure gauge systems) and cadmium) c. Clean and free of rust, scale, surfactants, biological growth, or other material wnloh could contaminate fuel. 5, Fuel Truck Noses, Nozzles and Connec~ja Must bei a, only those specifically designed, tested and marketed for delivery of aviation fuelsl b. If bottom load connector for Avgas, be only three (311) inch size; c. If bottom loao connector for Jet Fuel, oe only four (4") inch sizes d. If over-the-ding nozzle used for luading avgas onto aircraft, system must have a downspout or drop tube not larger than one and one-eourtn (1-1/4") Inch outside diameter) if for )et fuel, at least one and one-half (1-1/2") inch outside diameter) e. Equipped with a dust cap or other feature over the nozzle or connector which will minimize the introduction of contaminants into the fuel or fuel system) f. Equipped with a nonbypassable one hundred (1001 mesh final strainers g, Controlled by a spring-Loaded, nonbypassable automatic "deadman" fuel flow cutoff feature; h, Color coded to identify fuel type, 6. Electrical Equipment and Wiring Minimums Must bei a. Reasonably protected from heat, abrasion, or utner impact which could cause failure of insulation, open spark or other ignition source o. Of a type or design approved for use in Class 1, Group D, Division I hazardous locations (explosion proof, i.e., free of exposed conductors, contracts, switches, connectors, motors, etc., which could generate an open sparx or other ignition source during normal operations). PAGE 6 7, Fuel Truck Ground or Bonding ,Minimums System must; a. Provide electrical continuity br:aween all metallic or conductive componentsi b, Have ootn ground and bonding wires, and clamps adequate to facilitate prompt, definite electrical ground connection betwen fueler, the grounding system, and the aircraft being fueled, D. FUELING PERSONNEL 1. Number Fuelees musts Be of sufficient number to safely operate the fueling system and to perform periodic cneoks and inspections that are esential to that system's proper functioning. 2. Training Fuelers must, a. Be able to identify, explain major characteristics of, and distinguish between, the various types of fuel (using flammability, color, odor, and feel) found on the airport) b. Be able to describe the types of engines airplanes normally nave, explain the major features of each, and describe the type of fuels ano oils used by each) c. Be able to identify (by power plant and required fuel type or grade) aircraft normally on fueler's ramp, and to routinely properly fuel same) d. Be able to identify and explain the more common sources and major effects of fuel contaminants) water, other types of fuel, biological growth, surfactants, lint, rust, sand and otner common solid particles) el . Understand and be able to explain what should be done when one or more of these contaminants is found in fuel; f, Be able, to identify and explain basic purpose of required components of the fuel farm and mooile fuelers which they normally use) g. Be able to explain purpose of and safely perform periodic inspections and cheCKS needed to keep equipment operational and functioning safely; n, Understand and he able to explain wrat anould be done when required component of fuel farm, mooile fueler is inoperable; i. Understand the basis "Eire triangle", and be able to identify the more common ignition sources found on airports; PAGE 7 1 Understand and be able to explain what should be done if a fuel leak or spill occursi k. Understand and be able to generally explain static- generation/retention potential of fuels the dangers associated with mixing splashing, or misting of f.selst and the dangers associated with filtering and pumping fuels to or from storage tanks, mobile fuelers, and aircrafts 1. Understand and be able to generally explain the hazards of atomospheric electrical phenomena, including lightning and static charging of aircraft in flights m. Understand and be able to explain main features of proper firefighting technique using, and demon- strate use of the fire extinguishers normally found at fuel farm and on fuelers n. Understand and generally explain danger of defueling. 1. Clothing/Footwear Feelers must, Be appropriately clothed (garments other than nylon with wool, silk, polyesters, or other static generat'nq fanric s shoes containing no taps, hobnails, or other material which could generate sparks on pavement), 4 other Fuelers musti Not carry on their persons (at any ttme in, on, or within one hundred (1001) feet of any tank, dock, the storage area, feeler or aircraft) any ignition device, including safety matches, strike-anywnere matches, lever-type striker-equipped cigarette lighters, or other items which could become ignition sources if operated, humped, nit, or dropped. 5. Performance. Fuelers muntt Maintain knowledge required oy and routinely follow at least minimum standards and procedures in, and keep records required oy, this document. 6. Supervision Fuelers mu3tr Be adequately supervised and periodically checked to assure training/knowledge levels are maintained, all equipment end required components are kept fully operational, required periodic checks/ inspections are made when due, required records are kept, and that proper qu,!.ntity and grade o~ clean, dry "on spec" fuel is routinely delivered to the proper aircraft. PAGE 8 Fuel Farm/FUeler/OPQrdtlona Fueling staff mueti a, insure that only qualified personnel are allowed to operate fuel farm or equipment, or to fuel aircraft) b, Insure that fuel unloading and fueler loading are carried out only with qualified fueler present; c, Insure, before placement of fuel in fuel storage tank, that fuel is from known refiner, has pawed appropriate tests to assure fuel meets specifi- cation, and is free of contaminants and of proper look ("clear and bright"), color, smell and feed d, insure that an adequate system of records is maintained to ttuee all fuel from delivery onto the airport into a specific aircraft) a, insure fueling is performed only outside, never in a buildingl f. Insure fuelers are never parked closer than ten (101) feet from each other, fifty (50') feet from any builiing or aircraft not being fueled/defueledl and, during loading and fueling operations, one hundred (100') feet from smokers or other visible sources of ignition) and at least three oundred (3001) feet from any operating aircraft or other radars g, insure that before all unloading, loading, fueling and defueling operations ars begun, all motors, engines, radios, and other electrical and mechanical equipment (excepting only auxiliary power units) not needed for that specific operation are turned off and kept offs h, insure that where electrical ground is available, all systems and fuelers are grounded before commencing and during all fuel nandlinq operations. i, insure that before opening any aircraft or fueler tank or commencing any fueling operation (and at all times during fuel transfer at least a bonding wira is connected between fueler being loaded and the loading dock ground, or between the fueler and the aircraft being fueledr Before commencing loading of any fueler or fueling any airrcraft, insure that all fuel farm/fueler equipment to be used is in good operating conditions that aaequate settling/static dissipation time (at least 30 minutes) for )et fuel storage tanks, increase time qo at least on hour per foot of fuel depth) has elapsed since filling of tank involved that the tank and filter or filter/separator involved have been sumpeo since (a) toe last refill of toe tank involved or (b) the beginning of the work shift, whichever is later; and that the fuel about to be faded or pumped into the airplane is free of contaminants and of proper look ("clear and birhgt"), color, small, feel, and type. PAGE 9 k, Before loading any mobile feeler or refueling any aircraft, insure that within the preceding seven (7) days (a) differential pressure for each filter or filter/separator on the fuel farm and mobile fueler has been cheoked. compared with prior readings, and found within manufacturer's tolerances, and that (b) all nozzle/hose connector screens have been visually checked and found intact and free of significant debris? 1. Before loading any mobile fueler or refueling any aircraft, insure that within the preceding thirty (30) days, (a1 each inflow basket strainer has been visually cheoked, (b) a water detection test has been performed downstream of each filter or filter/ separator, (c) if jet fuel system, at least a colormetric (visual) Millipore (or equivalent) test has been conducted downstream of last filter or filter/separator, (d) each mobile fueler has been given a careful visual condition inspection, including a night spark check to identify visible ignition sources (3) each internal combustion engine's exhaust system nas been thoroughly checked and found intact and free of leak, and (f) the entire fueler is mechanically sound and well maintained. m, Before loading any mobile fueler :,r refueling any aircraft, insure that within the past twelve (12) months (a) each filter and filter/separator element in entire fuel system has been replaced, (b) each fueling hose in the system nas been stretcnsd to its full length, has had maximum pumping pressure applied, and (wnile this pressure maintained) has been visually and tactilely checked and found free of significant cuts, exposed cords, discoloration, soft spots, blisters, slippage of end connectors, or other indication of potential failure, (c) each oonding/grounding device/connection nas oeen checked fur electrical continuity, and that id) each fueler and storage tank has been opened and visually checked for buildup of sludge of other contaminants n. insure that mobile fueler loading and aircraft Fueling is conducted only when spring loaded nonbypassaole automatic ("deadman") control is operable and used to control fuel flow: o. Insure that fuel farm and all equipment is Wept neat and free of trash or debris which could cause or contribute to fuel contamination or fire; P. Insure that all fire extinguishers die cnecked for charge and condition at least annually. F. FUELE2 RECORDS Fueler staff/supervisocs must develop, and maintain (for at least six (u) months) recoKos auequata to at least shows a. Source, tests run on, and ultimate delivery point of all fuel brought onto the airport; PAGE 10 • b, Checks (and any subsequent corrective action taken made on equipment required by these standards; c. 'Graining given and qualifications/achievements of all fueling staff on airport. F. AIRPORT MANAGEMENT PERSONNEL 1. Management! Management must have at least one person regularly avatliable (either on staff nr a consultant) who understands the essentials of fuel farm and fueler/pit design, the purpose of each major component, what is required of fueling start/tenants by at least these minimum standards, how basic fuel checks (as identified in these standards) are conducted, 2. Airport Management Procedures) Manager must )using either staff or consultant) at least quarterly (or more often it defictencies are significant) inspect fuel storage areas, equipment, actual fueling and fueler/fueling records to assure at least these minimum standards are routinely followed and/or met, 3, Airport Management Records Management must maintain (Ecr at least six l.6) months) records to demonstrate the extents and date of required inspections, spot checks, deficiencies Eound, corrective actions requested and/or made, and date corrected. 0. SPECIAL NO'T'E REGARDING AUTOMOBILE GASOLINPS Certain automobile gasoline may now be lawfully used in specific engines (Continental 0-200-A) in Cessna 150 aircraft if a supplemental type certificate is first obtained from FAA, and if minor adjustments are made in the aircraft's engine, None of the current fueling publications addresses this new development. Pending this action, automobile gasoline brought onto an airport for use in any aircraft shall be stored/ delivered in/from the same types of equipment, using the same procedures as for the various grades of avyas. APL Bulletin 1542 prescribes no acronym or color coding. Until agreement is reached in the industry and is published, automobile gasol tries brought onto the airport for use in aircraft shall be identified by their Nil names or by the acronym "mogas", followed by specific description as to grade/type and octane rating, e.g. "mogas-Leaded Regular (69 octane) "Mogas-Unleaded Reyuiar (87 octane)"Moyas-Unleaded Premium (91 octane)", Where color coding or color banding would normally ne used to identify a specific aviation fuel, no color coding will be used for mogas; in its place, the generic acronym "mogas" will be boldly affixed using paint/material. which clearly contrasts with the surface of the pipe/valve/tank/vehicle being used. PAGE 11 PART II. That this ordinance shall be in full force and effect immediately after its passage and approval, PASSED AND APPROVED this the day of _ , 1983, S' 7 m yo CITY OF DENTON, TEXAS A'T'TEST i CHARLOC'YE ALLEN, CIT SECiETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOTLtlt C. J. TAILOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY PACE lL 5O9L NO, AN ORDINANCE AMENDING THE ZONING MAP OF THE CI'T'Y OF DENTON, TEXAS, AS 3AM E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1, AND AS SAID MAP APPLIES TO LOTS 1 AND 2, BLOCK 5, CARROLL PARK ADDITION, DENTON COUNTY, TEXASI AND MORE PARTICULARLY DESCRIBED HEREINI AND DECLARING AN EFFECTIVE DATE, THE COUNCIL of THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION I, The Zoning Classification ana Use designation of the follow- ing dosrribed property, to-wits All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of texas being Lots I and 2, Block 5, Carroll Park Aouition, located at the northwest corner of Carroll Boulevard and Congress Street, City of Denton, Texas, is hereby changed from Two-FamLly "2-F" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning ;lap of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the code of Ordinances of the City of Denton, 'texas, under ordinance No, 69-L, be, and the same is hereby amended to snow sucn change in District Classification and Use, SECICIO14 II That the City Council of the City of Denton, Texas, hereby finds that sucn change is in accoreance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, aria with reasonable consiueration, among other tnings for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting numan lives, and encouraeing the most appropriate usus of land for the maxi,num Denefit,to the City of Denton, Texas, and its citizens, Z-1599-MILLIE JOHNSON-PAGE ONE SECTION III, That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been 'held by the Planning and Zoning !:omraission and the City Council of the City of Denton, 'T'exas, after giving due notice thereof, PASSEL) AND APPROVED this the day of 1983- RICHARD 0, 8TEWART, MAYOR CITY OF DENTON, TEXAS ATTESTr CHARLOTTE ALLEN, CITY SECRET,RY CITY OF DENTON, TEXAS APPROVED AS TO LEUAL FORM! C. J. TAYLOR, JR., CITY ATTORNEY +:I'fY OF DENTON, TEXAS c BY: 'L-1599-MILLIE J0IINSON-PALE T'AO 9. Loading DOOk or Station Minimums Loading dock or station must bei a, clearly marked or color coded a to fuel type) b. Equipped with accessible Eire extinguishers meeting standards of the National Fire Protection Associa- tion Circular 407 (a minimum of two, each having at least a 20-BC rating)1 C. Equipped wth a boldly marked emergency cutoff capable of overriding all other controls and stopping, with one physical movement, all fuel flowl d. If a top load system, equipped with a metallic drop type (having an anti-splash fuel deflector) long enough to reach the bottom of the deepest fueler tank) e. Equipped with a spring loaded nonbypassable automatic "deadman" fuel flow outoof featurel f. Equipped with bond or ground wires and appropriate connector clamps for grounding fueler vehicles. 10. Marking or Color Coding Minimums All parts of the fueling system, including all unloading headers, inlets, tank fills, tank hatches, in and outflow piping, valves, top load crop tubes, hose connectors, nozzles, and Venicles must be permanently marked and color code using terminology and colors prescribed in the American Petroleum Institute Bulletin 415421 Black a Jet Al Yellow a Jet B (JP-4)1 Rod y Avgas 80/87 Blue y Avgas 100LL1 Green u Avgas IU0/130. B. AVAILABILITY OF AND GROUNDING MINIMUMS All itinerant, terminal, fueling, or other ramps where fueling is regularly conducted must be equipped With ground rods or connections accessible during fueling operations, C. FUEL TRUCKS OR ,,MOBILE FUELERS 1. System must) a. Be boldly marked on all sides to show danger, flammability, standard hazardous material placard with identification number and, inside crew compartment, to prohibit smokingl b. Be boldly marked on all sides and in crew cab, to show clearly the type or grade of fuel in the system; c. Contain or dispense only one type or grade of fuel; d. Be equipped with at least two boldly marked emergency fuel flow cutoffs capable of overriding all other controls and stopping, with one pnysicai movement, all fuel flow; PAGE 4 e, Be equipped with at least tw9 fire extinguishers as presortbea by the National Eire Protection Association Circular 407, each being accessible from a different side and each having at least a 20-BC ratings f, Contain no feature which would allow the intro- duction of any foreign material into t'ne fuel or fuel systems g. Contain no feature which would allow fuel or concentrated fumes to contact (during normal operations, overfilling or other spill) the exhaust system, hot exhaust gases, or any other ignition source) h. Be equipped with an airfilter or spark arrestor over the engine intake and a leak-Free exhaust system terminating in a standard baffled muffler. 2. Fuel 'truck Fuel Tank Minimums Tank must be) a. Closed and equipped with gasketea dome covers which contain a 3 p.s,i., emergency vapor pressure release and which are adequate to prevent fuel spillage during vehicle movement or the influx of water at any time) b. Equipped wit.) a bottom tank drain, with an outlet located to facilitate the convenient capture of outflow) c. Equipped with a tank bottom outflow cutoff valve which can block fuel flow and spill in the event of a piping rupture or other valve failure) d. Clean and free of significant rust, scale, surfactants, biological growth, or other material which could contaminate fuel) e. Free of zinc, copper, cadmium. 3. Filter and Filter Separator Minimums system musts a. For AVGAS, contain at least 3 nonoypassable outflow filter sized to match the maximum pump flow capacity, a differential pressure check system, and a bottom drain with an outlet located to facilitate convenient capture of outflow) b. For JET FUEL, contain at least an outflow filter/ separator sized to match the maximum pump capacity, differential pressure check system, water slug detector rutoff or alarm, bottom drain with outlet located to facilitate convenient capture of outflow, and fuel sampling (millipore) fittings both upstream and downstream of all filters and filter/eparators. PAGE 3 . 4. Fuel Truck Piping Minimums Must bei a. Reasonably protected from impact or stress which could cause a rupture or fuel spillage) b, Free of zinc, copper (except in tubing serving test or pressure gauge systems) and cadmium) c. Clean and free of rust, scale, surfactants, biological growth, or other material which could contaminate fuel. 5. Fuel Truck Noses, Nozzles and Connectors Must bei a, Only those speoifically designed, tested and marketed for delivery of aviation fuelsl b. If bottom load connector for Avgas, be only three W) inch size) C. If bottom load connector for .Tat Fuel, oe only four (4") inch size) d. If over-the-wing nozzle used for loading avgas onto aircraft, system must have a downspout or drop tube not larger than one and one-fourtn (1-1/4") inch outside diameter) if for }et fuel, at least one and one-half (1-1/211) inch outside diameterl e. Equipped with a dust cap or other feature over the nozzle or connector which will minimize the Introduction of contaminants Into the fuel or fuel systems f. Equipped with a nonbypassable one hundred (100) mesh final strainers g. Controlled by a spring-loaded, nonbypassable automatic "deadman" fuel flow cutoff feature) h. Color coded to Identify fuel type, 6. Electrical Equipment and Wiring Minimums Must be) a. Reasonably protected from heat, abrasion, or utnee impact which could cause failure of insulation, open spark or other ignition sourcos b. Of a type or design approved for use in Class 1, Group D, Division 1 hazardous locations (explosion proof, i,e., free of exposed conductors, contracts, switches, connectors, motors, etc., which could generate an open spark or other ignition source during normal operations), PAGE 6 7. Fuel Truck Ground or Bonding Min JIDWma System must; a. Provide electrical continuity between all metallic or conductive components; b. Have both ground and bonding wires, and Clamps adequate to facilitate prompt, definite electrical ground connection betwen fueler, the grounding systam, and the aircraft being fueled. U. FUELING PERSONNEL 1. Number Fuolers musts Be of sufficient number to safely operate the fueling system and to perform periodic checks and inspections that are esentlal to that system's proper functioning. 2. Training Fuelers musts a. Be able to identify, explain major characteristics of, and distinguish between, the various types of fuel (using flammability, color, odor, and feel) found on the airports b. Be able to describe the types of engines airplanes normally have, explain the major features of each, and describe the type of fuels and oils used by each; o. Be able to identify (by power plant and required fuel type or grade) aircraft normally on fueler's ramp, and to routinely properly fuel samer d. Be able to identify and explain the more common sources and major effects of fuel contaminants; water, other types of fuel, biological growth, surfactants, lint, rust, sand and other common solid particles; e. Understand and be able to explain what should be done when one or more of these contaminants is found in fuel; f. Be able to identify and explain basic purpose of required components of the fuel farm and mooile fuelars which they normally use; g, Be able to explain purpose of and safely perform periodic inspections and checks needed to keep equipment operational and functioning safely; h. Understand and be able to explain what should no done when required component of fuel farm, mobile fuller is inoperable; i. Understand the Basis "fire triangle", and be able to identify the more common ignition sources found on airports; PAGE 7 1 i donerif adfuel leak or spill oacursnr what should be k. Understand and be able to generally explain static- generation/retention potential of tuelsi the dangers associated with mixing splashing, or misting of fuelsr and the dangers associated with filtering and pumping fuels to or from storage tanks, mobile fuelers, and airorafti 1. Understand and be able to generally explain the hazards of atomcspheric electrical phenomena, including lightning and static charging of aircraft in flight m, understand and be able to explain main features of proper firefighting technique using, and demon- strate use of the fire extinguishers normally found at fuel farm and on fuelerai n. Understand and generally explain danger of defueling, 3. Clothing/Footwear F'uelers musts Be appropriately clothed (garments other than nylon with wool, silk, polyesters, or other static generating fabrics) shoes containing no taps, hobnails, or other material which could generate sparks on pavement). 4. Other Fuelers musts Not carry on their persons (at any time in, on, or within one hundred (1001) feet of any tank, dock, the storage area, fuelsr or aircraft) any Ignition device, including safety matches, strike-anywhere matches, lever-type striker-equipped cigarette lighters, or other items which could become Ignition sources if operated, bumped, hit, or dropped, 5. Performance Fuelers musts maintain knowledge required by and routinely follow at least minimum standards and procedures in, and keep records required oy, this document. 6. Supervision Fuelers must: Be adequately supervised and periodically checked to assure training/knowledge levels are maintained, all equipment and required components are kept Cully operational, required periodic checks/ inspections are made when due, required records are kept, and that, proper quantity and grade of clean, dey "on spec" fuel is routinely delivered to the proper aircraft. PAGE 8 7, Fuel Farm/Feeler/Operations Fueling staff musty a, Insure that only qualified personnel are allowed to operate fuel farm or equipment, or to fuel aircraft) b, Insure that fuel unloading and fueler loading are carried out only with qualified fueler preoentt c. Insure, before placement of fuel in fuel storage tank, that fuel is from known refloat, has passed appropriate tears to assure fuel meets specifi- cation, and is free of contaminants and of proper look ("clear and bright"), color, smell and feel) d. Insure that an adequate system of records is maintained to trace all fuel from delivery onto the airport into a specific aircraft) e. Insure fueling is performed only outside, never in a buildings f. Insure fuelers are never parked closer than ten (101) feet from each other, fifty (501) feet from any building or aircraft not being fueled/defueleds arid, during loading and fueling operations, one hundred (1001) feet from smokers or other visible sources of ignitions and at least three hundred (3001) feet from any operating aircraft or other radar) g. Insure that before all unloading, loading, fueling and defueling operations are begun, all motors, engines, radios, and other electrical and mechanical equipment (excepting only auxiliary power units) not needed for that specific operation are turned off and kept offs h. Insure that where electrical ground is available, all systems and fuelers are grounded before commencing and during all fuel handling operations, I. Insure that before opening any aircraft or fueler tank or commencing any fueling operation (and at all times during fuel transfer at least a bonding wire is connected between fueler being loaded and the loading dock ground, or between the fueler and the aircraft being fueled) Before commencing loading of any fueler or fueling any airrcraft, Insure that all fuel farm/fueler equipment to be used Is in good operating conditions that adequate settling/static dissipation time (at least 30 minutes) for jet fuel storage tanks, increane time qo at least on hour per foot of fuel depth) has elapsed since filling of tank involveds tnat the tank and filter or Cuter/separator involved have been sumped since (a) the last refill of the tank involved or (b) the beginning of the work shift, whichever is later) and that the fuel about to be loaded or pumped into the airplane is free of contaminants and of proper look ("clear and birhgt"), color, smell, feel, and type, PAGE 9 k, Before loading any mobile fueler or refueling any alroraft, insure that within the preceding seven (7) days (a) differential pressure for eanh filter or filter/separator on the fuel farm and mobile feeler has been checked, compared with prior readings, and found within manufacturer's tolerances, and that (b) all nozzie/hose connector screens have been visually checked and found intact and free of significant debris) 1, Before loading any mobile fueler or refueling any aircraft, insure that within the preceding thirty (30) days, (a) each inflow basket strainer has been visually oheoked, (b) a water detection test has been performed downstream of Bach filter or filter/ separator, (c) if jet fuel system, at least a colormetrlc (visual) Millipore (or equivalent) test has been conducted downstream of last filter or filter/separator, (d) each mobile fueler has peen given a careful visual condition inspection, including a night spark check to identify visible ignition sources (3) each internal combustion nine's exhaust system has been thoroughly checked found intact and free of leak, and (f) the entire fueler is mechanically sound and well maintained, m, Before loading any mobile fueler or refueling any aircraft, insure that within the past twelve (12) months (a) each filter and filter/separator element in entire fuel system has been replaced, (b) each fueling hose in the system has been stretcned to its full length, has had maximum pumping pressure applied, and (while this pressure maintained) has been visually and tactilely checked and found free of significant cuts, exposed cords, discoloration, soft spots, blisters, slippage of end connectors, or other indication of potential failure, (c) each bonding/grounding device/connection nas been checked for electrical continuity, and that (d) each fueler and storage tank has been opened and visually checked for buildup of sludge of other contaminant) n. Insure that mobile fueler loading and aircraft fueling is conducted only when spring loaded nonbypassable automatic ("deadman") control is operable and used to control fuel flow o. Insure that fuel farm and all equipment is kept naat and free of trash or debris which could cause or contribute to fuel contamination or firm p. Insure that all Eire extinguishers are checked for charge and condition at least annually, E. FUELBR RECORDS Fueler staff/supervisors must develop, and maintain (for at least six (6) months) records adequate to at least shows a, Source, tests run on, and ultimate delivory point of all fuel brought onto the alrpoetl PAGE 10 ont b, madekon equipment required by theseostandarda~on taken c, 'training given and qualifications/achievements of all fueling staff on airport, F. AIRPORT MANAGEMENT PERSONNEL Managamento Management must have at least one person regularly avaiable (either a consultant) who understandstheessentialsof fuel form andfueler/pit design, the purpose of each major component, what is required of fueling staff/tenants by at least these re conaucteliheoka (as minimum identified sin the e' stanhow dards) basic i 2. Airport Management procedurest Manager must (using either staff or consultant) at least quarterly (or more often if deeicieneies are significant) inspect fuel storage areas, equipment, actual fueling and fueler/fueling records to a sure at least these minimum standards are routinely followed and/or met, 3, Airport Management Records Management must maintain (Eor at least six (b) months) records to demonstrate the extent' and date of required inspections, spot checks, deficiencies found, corrective actions requested and/or made, and date corrected, 0. SPECIAL NOTE REGARDING AUTOMOBILE GASOLfNE5 Certain cific aumobile Cessna 150 aircraft if a supplemental type certificate is first obtained from FAA, and if minor adjustments are made in the aircraft's engine. None of the current fueling publications addresses this new development. Pending this action, automobile gasoline brought onto an airport for use in any aircraft shall be stored/ delivered in/from the same types of equipment, using the same procedures as for the various grades of avgas. API Bulletin 1542 prescribes no acronym or color coding. Until agreement is reached in the industry and is published, automobile gasolines brought onto the airport for use in aircraft shall be identified by their full names or by the acronym "mogas", followed by specific description as to grade/type and octane rating, e.g, Mogas-Leaded Regular (89 octane)", "Mogas-Unleaded Regular (87 octane)", "Mogas-Unleaded Premium (91 octane(". Where color ,oding or color banding would normally no used to identify a specific aviation fuel, to color coding will be used for mogas in its place, the generic acronym "mogas" .rill be boldly affixed using paint/material which clearly contrasts with the surface of the pipe/valve/tank/vehicle being used. PAUE 11 PART I That this ordinance shall be in f011 force and effeot immediately alter its passage and approval, PASSED AND APPROVED this tna day of , 1983, RICHARD 0. CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, (T o R TA CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS SYi PAGE 1 z su9u N0, AN ORDINANCE AMENDING THE 40NIN0 MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED A$ AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0, 69-1, AND AS SAID MAP APPLIES TO LOTS 1 AND 21 BLOCK 5, CARROLL PARK ADDITION, DENTON COUNTY, TEXASI AND MORE PARTICULARLY DESCRIBED HEREINI AND DECI,ARINO AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION 'rho zoning classification ano use designation of the follow- Ing described property, to-wits All that certain lot, tract or parcel of land lying and being situated In the City and County of Denton, State of Texas being Lots 1 and 2, Block 51 Carroll Park Addition, located at the northwest corner of Carroll Boulevard and Congress Street, City of Denton, Texas. is hereby changed from Two-Family 112-F" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the city of Denton, Texas. The Zoning ?lap of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show suet) change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texans, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of tae district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum oenefit to the City of Denton, Texas, and its citizens. z-1599-MILLIE JOHNSON-PAGE ONE SECTION III. That this ordinanoe snail be to full foroe and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City ^ouncil of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of 1983, R RICHARD E RT, MAYO CITY OF DENTON, TEXAS ATTEM CHARLOTTE ALLEN, CITY SF'.CRET R CITY OF DENTON, TEXAS APPROVED AS TO LEUmL FOR.Nr C. J. TAYLOR, JR., CITY ATTORNEY S:I'TY OF DENTON, TEXAS DYI C Z-1599-6IILL.IE JOHNSON-PAGE TWO Map= . GA~avLL ~LUb. ,~G I g5 1 ' S 1551 a ~ Its oll MIGW~EI, b. Wow.W2}~ f.l-!b A 4UA`I'tyr JW-t lul I°Ib3 CJTYof DENTON,TEXAS MUNICIPAL BUILDING ! DENTON,'TEXAS 7620) TELEPHONE (817) 5668200 M E M O R A N D U M T0: G, Chris Hartung, City Manager FROMi Rick Svehla, Assistant City Manager DATE s September 15, 1983 SUBJE:CTs Minimum Wage We have surveyed 9 area cities to see what they use for minimum wage requirements. A list of the cities and what they use as a source for establishing their rates is as follows: Dallas Area Survey Plano Area Survey Grapevine Area Survey Mesquite Federal Register McKinney Federal Register Sherman Federal Register Ft. Worth Associated General Contractors Arlington Associated General Contractors Denison Community Development Schedule We have reviewed all of the rates that are being used in these cities, as well as discussing all of our information with the Attorney. Mr. Taylor has advised us that we should use a rate that we feel represents the minimum for this area. in previous discussions, there has always been indications that the trades use t.in Worth the groupingsDallas-Ft. FederallRegister, is are paid dina higher dicated by rate DEPARTMENT OF PUBLIC WORKS Page l Therefore, staff has taken the highest rates from the cities that use area surveys, principally, Dallas and Ft, Worth to use as the minimum wage for building construction, We nave found that all cities generally use a list very similar to that which is used by the City of Denton for highway construction and utility work. These rates generally reflect what is being used in the Federal Register. These are the same rates that we h;:,ve used for road and pipeline construction for as long as I have been here, Staff would therefore suggest that for highway and underground pipeline work that the latest update from the federal Register for Denton County be used as the minimum wage rates for this type of construction, if you or the Council have any further questions, we will be happy to try and answer them at the meeting. flick Svehla NO, _ AN ORDINANCE ASC&RTAININO THE GENERAL PREVAILING RATE OF PER O::YM WAGES IN THE CITY OF DENTON, FOR EACH CRAFT OR TYPE OF WORKMAN ;)k MACHANIC NEEDED TO EXECUTE CITY PUBLIC WORKS CONTRACTS, WHEREAS, pursuant to Article 5159a, V,A,T.S„ the City Council is required to ascertain and establish the general prevailing rite of per diem wages in the City of Denton, Texas for each oral. nr type of workman or mechanic needed to execute "Public War -i:t" contractsi and WHEREAS, the City Council has caused to be made a thor-rough inquiry and survey, and is of the opinoh that the attaciried Schedule "A" of hourly wage rates are the prevailing wage rates in connection witn building eonstruotioni and that the attac:ned Schedule "B" of hourly wage rates are the prevailing wage rater in connection with public engineering (Highway/Heavy) coils truc-,...on work and underground utility contracts) and WHEREAS, the Schedule "A" and Schedule "B" should be so ei'..ab- lished and used by the City of Denton insofar as it is applia,i,r;le to "Public Works"I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, HEREBY OPDAINSi SECTION 1, The attached Schedule "A" of hourly wage rates for bui.r:ing construction is hereby adopted for the City of Denton as the general prevailing rate of per diem wages i!i the locality for said work, This Schedule "A" snall become iffective immed:r:ely upon passage and approval of this ordinance, and shall be inc..uded in the call for bios and in the plans and specification, t.. the "public wor.rs" project for which the City of Denton is requt:,o to advertise for sealed bids for work specif;ed. SECTION 11. The attached Schedule "B" of hourly wage rates for engir.i.ering :,ighwayiae.avy) aria ineergrounc u:iiity contracts : nereor ;::_ted for the City of Denton as the general prevailing rates of per diem wages in the locality ?or saia work, Tnis Schedule "B" shall become effective immediately upon passage and approval of this ordinance, and shall be includes in the call for bids and in the plans and specifications for the "public works" project for which the City of Denton is required to advertise for sealed bids for work specified, SECTION III, This ordinance shall be rn effect immediately upon its passage and approval, PASSED AND APPROVED this the day of 1983. RICHARD 0, STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTF. ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYi SCHEDULE "A" CITY OF DENTON MINIMUM WAGE RAPES FOR BUILDING CONSTRUCTION The rates below have been determinso by the City of Denton, 7ex33 in aooordancs with the statutory requirements and prevailing loca. wages, overtime shall be paid tot at the rate of one and one-half (1.1/7. times the regular rates for every hour worked in excess of for :y (40) pours per week, Trade-Craft Classification Rate Per Hour 1, Bricklayers S Stone Masons Bricklayer $8,71 Precast Erector 6,27 Helper/Laborer 5,52 2, Carpenters Acoustical/Drywall $8,27 Finish 8,71 Form 8,27 Rough 7,57 Helper/Laborer 5,07 3, Cement Masons Finish $6,88 Rough/Form Setter 5.50 He'.per/Laborer 5,07 4, Electricians Electrician $11,90 Helper/Laborer 7,00 5, Elevator Constructors Mechanic in Charge $8.64 Mechanic 7,25 Helper/Laborer 5,52 6, Floor Covering Workers Journeyman/Craftsman $8,71 Helper/Laborer 5,07 7, Gliziers Journeyman/Craftsman 1;7,25 Helper/Laborer 5,07 8, Insulators/Asoestos Workers Journeyman/Craftsman $6.27 Helper/Laborer 5,07 9, iron Workers Structural $7,25 Rebar 6,27 Helper/Laborer 5,J7 10, Laborers s'kiliea $5152 ns~iii?a i,07 Trade-Craft Classifloation Rate Per Hour 11, Lathers Journeyman/Craftsman $7.57 Helpers/Laborers 5,52 12, L.W, Concrete Roofdeok Workers Pumpman $6.68 Tank Operator 5154 Hoseman 5.54 Finisher 6.88 Laborers 5.07 11, metal Building Assemblers Journeyman/Craftsman $7.25 Helper/Laborer 5,07 14, Mlllwrlghts Journeyman/Craftsman $7,25 Helper/Laborer 5.07 15.• Painters Craftsman (brush & spray) $7,5'1 Craftsman (tape 6 float) 8.71 Helper/Laborer 5.52 16, Plasterers Jcurneyman/Craftsman $8.71 Helper/Laborer 5152 17, Plumbers & Pipefitters Plumbers $9.59 Pipefitter 9159 Welder 6.71 Helper/Laborer 5.07 Air Conditioning Mechanic 9.59 18. Power Equipment Operators operator (Crane, Cherry PSCxer) $7.04 Operator (Tampers, Mixers) 6,08 19, Roofers Craftsman/Journeyman $8.71 Helper/Laoorer 5.07 20. Sheet Metal Workers Journeyman/Craftsman $8.71 Helper/Laborer 5.07 21. Sprinkler Fitters Journeyman/Craftsman $9.59 Helper/Laborer 5.07 22, Sound/TV & Alarm Chief Technician $7.97 Senior Journeyman/Craftsman 7,25 Journeyman/Craftsman 6.27 23, Terrawzo Workers Journeyman/Craftsman $8.71 24. Ta.lesetters Journeyman/Craftsman $8.71 The CONTRACTOR shall comply with all State and Federal taws applicable to such work. The above are minimum rates, Bidders shall base their bids on rates they expect to pays if in excess of those listed, The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. SCHEDULE "B" CITY OF DENTON MINIMUM WAGE RATES FOR PUBLIC ENGINEERINO (HIGHWAY/HEAVY) CONSTRUCTION AND UNDERGROUND UTILITY CONTRACTS The rates below have been determined by the City of Denton, Texas in accordance with the statutory requirements and prevailing local wages Overtime shall be paid for at the Cate of one and one-half (1.1/2) times the regular rates for every hour worked in excess of forty (40) hors per week, Trade-Craft Classification Rate Per Hour Air Tool Man Asphalt Heaterman Asphalt Raker 6.55 Asphalt Shoveler 5.00 Patching Plant Scaleman 6.50 Batterboard Setter Carpenter 6.65 Carpenter Helper 5.45 Concrete Finisher (Paving) 7.05 Concrete Finisher Helper (Paving) 5.50 Concrete Finisher (Structures) 6480 Concrete Finisher Helper (Struct) 5.55 Concrete Rubber Electrician 9.50 Electrician Helper 5.50 Form guilder (Structures) 6.70 Form Builder Helper {Struct) 5.00 Form Liner (Paving & Curb) 7.25 Form Setter%(Paving a Curb) 6.10 Form Setter Helper (Paving 6 Curb) 4.50 Form Setter (Structures) 7.00 Form Setter Helper (Structures) 5.65 Laborer, Common 4.00 Laborer, utility man 4.90 Manhole guilder, Brick Mechanic 6.70 Mechanic Helper 5.00 Oiler 6.05 Serviceman 5.75 Painter (Structures) Painter Helper (Structures) Piledriverman Pipelayer 5.75 Pipelayer Helper 4.75 Powderman 7.00 Reinforcing Steel Setter (Paving) 5.00 Reinforcing Steel Setter (Struct) 6.60 Reinforcing Steel Setter Helper 4.50 Steel Worker (Structural) 5.25 Steel Worker Helper (Structural) Sign Erector Sign Erector Helper Spreader Box Man 6.00 Swamper 4.95 Power Equipment Operators, Asphalt Distributor 6.00 Asphalt Pa%,ing Machine 0.95 Broom or Sweeper operator 5,10 Bull ozer 15J HP S Less 5 Bui3U0zer 150 rip '~•i~ Concrete Paving C'.iring Xacnine :h Concrete Paving 1, 1nisning hacn 0.70 Trade-Craft Class fioat o Rae ?or Hour Concrete Paving Form Grader Concrete Paving joint machine Concrete Paving Longitudinal Float ,.35 Concrete Paving Mixer 6,05 Concrete Paving Saw Concrete Paving Spreader Paving Sub Grader Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (less than 1 1/2 CY) 7,00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1 1/2 CY 6 Over) 7,35 Crusher or Soreening Plant Operator Elevating Grader Form Loader Foundation Drill Operator (Crawler Mounted) Foundation Drill Op, (Truck Mounted) 8.25 Foundation Drill Operator Helper 5145 Front End Loader (2 1/2 CY I Less) 6.15 Front End Loader (Over 2 1/2 CY) 67.25 .00 Hoist (Over 2 drums) Mixer (Over 16 CFI Mixer (16CF S Less) Motor Grader Operator, Fine Grade 7.55 Motor Grader operator 7.25 Roller, Steel Wheel (Plant-Mix Pavements) 6.35 RblInc, Steel Wheel (Other-Fiat wheel or Tamping) 6.45 Roller, Pneumatic /Self-Propelled) 5.13 Scrapers (17 CY & Less) 6.25 Scrapers (Over 17 CY) 6.90 Side Boom' Tractor (Crawler Type) 150 HP 6 Less Tractor (Crawler Type) over 150 HP 6690 Tractor (Pneumatic) 80 HP 6 Less 69.60 ,75 Tractor (Pneumatic) over 80 HP Traveling Mixer Trenching Machine, Light Trenching Machine, Heavy Wagon Drill, Boring Machine or post Hole Driller Operator 5.25 Truck Oriversi Single Axle, Light 5.35 Single Axle, Heavy Tandom Axle or Semitrailer Lowboy-Float 5.70 Transit-Mix Winch Welder 7.15 Welder Helper the CONTRACTOR snail comply witn all State and Federal Laos applicable to such work. I'he above are minimum rates. Kidders snail base their niea :r, rates the expect to pay, if in excess of those listed, 71*%e OWNER will not consider claims for extra payment to CONTRAC'.':,R on account of payment of wages nigher than those specified. September 20, 1983 I CITY COUNCIL AGENDA ITEM SUBJECT; Consider Adoption of an Electric Rate Ordinance. SUMMARY; The Gilbert /Commonwealth COST OF SERVICE & RATE REVIEW STUDY utilized recommendations o'tFe, enton ec r c ate eR view Committee, the Denton Public Utilities Board, and the Denton City Council in developing final rate proposals, The study recommends an overall rate increase of 7.6% to meet operating costs, provide an adequate debt service coverage ratio of at least 1.5, rovide current revenue funds for capital projects and provide for transfers to the City's General Fund. The 7.6`k rate increase is estimated to produce an additional $2,733,668 for 1984. The increase is estimated to produce a total of $38,702,983 in sales from electricity in 1984. Without the rate increase, revenue from sales is estimated to be $35,969,315 from sales. Other revenue from contributions in Aid of Construction, Reconnect Fees, etc., Is estimated to be $322,900, and earned interest to be $500,000, for a total non-sales revenue amount of $822,900; therefore, total revenues for 1984 with the rate increase are estimated to be $39,525,883 and, without they rate increase, total revenue is estimated to be $36,7920215. With expenses estimated to be $38,264,033, the net cash balance is estimated to be $1,261,850 in 1984. The 1983 net cash balance is estimated to be a loss of $896,252. Removing the estimated $500,000 interest earned from the net cash balances results in a balance of $761,850 for 1984 and a net cash loss of $1,396,252 for 1983. (See attached Pro Forma) Revenue increases by rate class based on the 198283 electric consumption are as follows. Rate Code Present Change Rate Class R-1 4.24% Low Use Residential R-2 7.5% Residential LP .9% Large Primary c,P 4.0% General Service Primary GS 10.7% General Service (Commercial) G 18.0% Government Iri 25.6% Temporary Service DD 15.0% Dusk-To-Dawn (security) 24340/7 The tariff schedules for the above-listed rate codes plus certain other additions as li.s~nd below are included in a separate document entitled 'Electric Rate Schedules" enclosed herewith. The Staff has recommended two changes in the rate tariffs from Gilbert's proposal. They are; 1. 92- St e t l_ighting. Gilbert Associates recommended a $3400 per month fixed charge per light plus 60 per KWH every charge, plus fuel adjustment for any fuel costs over 4.5 per KWH. This rate does not reflect the difference in cost between a 100 watt fixture and a 1000 watt fixture. Therefore, the staff feels the cost can better be reflected and revenue needs defined by setting rates for street lighting based on the type of fixture and the wattage of the lamps, rather than a flat per fixture fee. Although actual revenue received from this customer class would be less than the Gilbert proposal, the staff feels the rates as proposed in the electric rate schedules are adequate to cover incurred costs. 2. RW- Religious Worship; Because of the unique characteristics of facility use for religious worship, Denton has granted churches special status and has given churches the option of being on the R-2 (residential) rate or the commercial rate. Most churches have chosen to utilize the residential rate since this provides them with a lower cost of electricity than the commercial rate unless they are a very large system and have a load factor of better than 50%. Gilbert did not specifically address churches and had verbally advised the staff that they recommended churches to be on the commercial rate. However, the staff believes that the City of Denton should probably follow the lead of the Texas Power and Light Company which provides the religious worship facility a commercial rate with a 1/3 reduction in the demand charge. A church which holds religious worship services only on Sundays and could use the equivilent of approximately 2000 KWHs would have a rate of around 10.20 per KWH; if that church held religious services on Sundays, Sunday nights and Wedn,esdays, which would result in approximately a 20% load factor, the rate would be 7.6¢ per KWH; if the church held additional services or utilized facilities additionally and could reach an approximately 33°x, load factor, the rate would be 6.8~ per KWH, which would be equivilent to the residential rate. Any church achieving greater than a 33% load factor, i.e., utilizes the demand they draw on the system more than 33`/0 of the hours during the month, their rate would be lower than the residential rate. 2434U/8 Mditions to hg Gilb2rt Study In addition to the changes in the above rates and Gilbert recommendations the staff recommends the following additions to t6 tariff schedules, which deal primarily and with ndso other than issues rates, These propocustomer ed t additionsvacre; 16 ,Account Connection woe, An increase in current fees to recover the cost of setting meters and svtting new accounts or changing accounts. This schedule also includes additional fee for after hours or weekend service. 2, Housemoving An increase from the present $25,00 to $45,00. This fee is used to pay utility department employees to visually check the proposed routes for moving houses through city streets. 3. Insufficient Fund Check and Handling Charge This formalizes the present $10.00 fee in the tariff schedules. 4, Maintenance Work for Commercial/Industrial Customers ~I This schedule establishes a fee for charging costs associated with doinb maintenance work to customers who request such assistance. The City avoids doing such work, but occasionally no other party has the equipment necessary to perform the necessary work, 5. Customer Requested Meter Readings This tariff schedule of $20.00 provides for charges to be applied when excessivie re-reading of meters are requested by a customer where errors are not found. b. 'T'heft of Service This tariff schedule increases the charge for theft of service and/or meter tampering sufficient to cover the cost of investigation and action by the city. 7. Meter Test Fee This tariff schedule outlines the fees to be charged and conditions for requested meter tests when a meter has been tested within the previous 48 months. 2434U/9 8. all S rvicaG This tariff schedule provides for billing a customer when city personnel are used to provide service in an area where other work is performed. Again, this type of work is avoided, but if no athar party is available to perform the work, this tariff schedule establishes the fees. 1 9. Sale for Re-Sale This tariff schedule provides guidelines to be used where the City provides power which is re-sold. This primarily applies to apartment complexes and established that the apartment complexes shall charge no more on a per KW or per KWH basis to the ultimate customer than the city charges them and that their books are open for the City's inspection. 10, Service Deposits This tari,-L'f schedule brings the deposits into the rate structure and requires a deposit of $150 or an amount equal to 1/6th of the last 12 months billing at that meter location, whichever is less. Gilbert Associates also had certain other recommendations which are; 1. Bill frequency data retention system with 21 months of edited and corrected billing data, 21 Grouping of frequency data so that rate codes, any special customer characteristics and other special provisions can be readily identified. 3. A summary report showing listing of total bills, KWs, M KW11s, and revenues should be generated monthly. 4. All reports should be printed and retained in a machine readable format. FISCAL SUMMARY; Based on proposed 1984 electric sales of 535.9 MWH Proposed Kates Existing Rates Uiff. Rev. from Sales $38,702,983 $35,9691315 $2,733,668 7.6`/0 Other Revenue 322,900 322,900 0 - Interest Earned 500 000 500,000 0 TOTAL REVENUE 39,524 5, 36,792,215 2,733,668 7.4% TOTAL EXPENSE 38,2641033 3„8,264,033 0 Net Cash Balance 1,261,850 (1,471,818) 21733,668 - Less Earned Int. 5002000 5003000 0 Resulting Cash Balance $761,850 ($1,971,818) $2,7331668 - 2.434U/10 ACTION REWIRED; Adoption, modification or rejection of proposed rate ordinance RECOMMENDATION; The Public Utilities Board, at their meeting of September 130 19830 recommended to the City Council that the proposed Electric Rate Ordinance be adopted and the rates be instituted on September 21, 1983. R. E. Nelson Director of Utilities EXHIBIT I Electric Rate Ordinance (Proposed) II Comparison of Existing Rates to Proposed Rates Ill Bill Comparisons of Existing and proposed Rates IV Electric Rate Schedules V Minutes of PUB meeting of 9/13/83 2434U/11 R1 1982.83 l4tiimeto L263-64 at Custom4r Sales Residential $11,443,92¢ $13,171,349 Cossseroial 19,240,28 23,004,861 pusk"to-D*w~i Fels 0, 00 , Governmental Saes 1, 1, 5 1, , 8 8)) Street/H+ry ightiag 300,000 3716, R05 A) Resale POMSr Sale SO,QQ$ 53,448 Collections/Chg-c hs p, to upv CustomertConnection Foes 8;888 16;888 Rent (Service Center) 128,888 118,880 Miso. racome 1 , , Temporary Service 121,4211 151,048-• House Moving 31000 L,00 SUB-TOTAL $331283,186 $38,9701883 Sale of Scrap 3,000 5,000 Sale of Assets 5,300 Aid-16-C'onstruation 50,000 $0,000 Interest 500,000 500.000 TOTAL RWENUES $33,843,186 $39,525,883 EXPENDITURES 1982.83 Estimate 1983.84 Estimats Administration $831,081 $618,630 Production 24,673,141 29,110,544 Distribution 2,710,107 2,315,305 Metering/Substation 564,972 42$,565 Admin. Transfers 110731497 111301000 Bad Debt Expense 250,000 250,000 Salary Adjustments; TXRS Benefit Chgs 0 220,000 SUS TOTAL E.`(PENDITURES $30,102,798 $340110,244 Debt Service Regmts $31136,640 $2,463,789 OF Transfer Return on Investment 11500,000 1,690,000 Current Rev. Capital _ TOTAL EXPENDITURES $34,739,438 $38,264,033 Account Balance 896,252) $1,261,850 ACCOUNT BALANCE W/O INTEREST INCOME ($1,396,252) $7610850 A. Increase for busk-to-Dawn dependent upon billing & collecting for at least 3/4 of present installed capacity. . B. Governmental sales is adjusted to include previous municipal pumping class, traffic control lighting And municipal, =ounty and school district. 0. Based on proposed rates with .701K'wH tuel Adjuatment. 2411U/1 September 9, 1983 0 r PLUt GI' INI? EITCf.l OP OIAU PA(.111H Ilk U:1411i PI.N KII.11%AI I I1"M II (1011.11A1. 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U1~-'U ~S 1 1.1101 I 0 0011 O,10 1 I I 0,09 1 u,uu 9,01 i I 11,06 1 1051 - o,os u,uA 1 04 OJ , 0.ua 1 n,u1 1 1 (f,Iltt __-._.-_--,_-_.-----"'I-_._---..--I--------•--I-•-•-.---- -1--------•--I-----------I----- ---..-I----»....-•--~-- 0,4 ll..l 11,4 J,j O,I 0nl 0,4 1,0 1 r M 11,A.111. 11t y 7 I 0 111-11I 111' IIIB l.F#IAl 1B' LUAU l'\G 11111 ON GVNI6 1911 K11-1111AII IIUUII ( yy III.I-`IUIOU9 111IN.5151P IH%II 1:1-ol (it NI U I 111' AIvl l t I11LU AlSF1:IN fROUL USI.U 13 1 cu9t 0012 u.ll O.IU s a.oe U.Ua l 1 u.ar I 1 0.06 f 0.04 ~ I' U.OU( I 1 `,111 J.oe IJI 1I 4 I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - U.I U.2 U... U.n 0.-1 0") I.0 1 LLA U66111 r 'rll tiyli SxH[aIT ii MONTHLY RATE COMPARISON C RRENT RATE V'. PROPOSED RATES Rata Existing Fuel Adjusted Proposed Class Rate Existing Rate Rate R1 (Small User Residential; Maximum 700 KWH/Month During Summa r)' Facility $2950 $2,50 $5.50 Energy Summer 4.65¢/KWH 6.15¢/KWH 5,5¢/KWH Winter 4.35¢/KWH 5.85¢/KWH 5,5¢/KWH R2 (All Other Residential Users) Facility 6.50 1 Phase 4.50 $4.50 hl.50 3 Phase 8.00 8,00 . Energy Summer 4.65¢/KWH 6.15¢/KWH 6.5¢/KWH to 3,000 k.WH 7.0¢/KWH over 3,0Q0 KWH Winter 4.35¢/KWH 5.85¢/KWH 6.0¢/KWH to 1,000 KWH 4,15¢/KWH 5,65¢/KWH 5.5¢/KWH over 1,01>0 KWH LP (Large Primary) Facility $46.00 $46.00 $49.50 Demand $1.80/KWD $1.80/KWD $4.80/KWD Energy Summer 4.10¢/KWH 5.60¢/KW1i 4,80¢/KWH Winter 3.8¢/KWH 5.30¢/KWH 4.80¢/KWH GP (General Service Primary) Facility $46.00 $46.00 $49.50 Demand $2.1.0/KWD $2.10/KWD $5.05/KWD LneSummer 4.15¢/KWH 5.65¢/KWH 4.90¢/KWH Winter 3.85¢/KWH 5.35¢/KWH 4.90¢/KWH Page 2 M Rate Existing Fuel Adjusted Proposed Class Ra te Exist n Rate Ra. G G eral Service Commercial Facility t8,00 4,50 1.0.00 1 Phase 4.50 115,00 3 Phase 18000 Demand $2,10/KWD $2,10/KWD $5.10/KWD Energy 5,100/KWH Winter 3.85¢/KWH 5,351/KWH 5,10/KWH RW (Religious Worship) Facility 4.50 $10,00 1 Phase $4.50 18,00 $15.00 3 Phase $8.00 Demand -0- -0- $3,40/KWD • Energy 5,10¢/KWH summer 4,6WKWH 6.151/KWH Winter 4.350KWH 5.85/KWH 5,10 /KWH G1 (Local Government - CiCy County, School) Facility 7.25 7.70 1 Phase $7.25 7.2S 112.70 3 Phase $7.25 Demand -0- -0- $3.50/KWD Energy 5. jj/KWILi Winter 3.8 W KWti 5.3WKWH 5.1¢/KWH G3 (Traffic Signals, Etc.) Energy 6.o¢/KWH Summer 3.65¢/KWH 5.lW KWH Winter 3.65J/KWH 5.15/KWH 6.0¢/KWH i Page 3 Rate Existing Fuel Adjusted Proposed Class Rata istin Rate Rate , DD (Dusk To Dawn - Security Li„ghtin j 100W HPS $ 6,75 $ 7,47 7*$0 25OW HPS 10,00 40OW HPS 15 00 175W MV 5100 66250W MV 7,00 8:B7 110:8, 0 40OW MV $10,00 $11,30 $12,50 TI (Temporary) Facility $4.50 $4.50 $10,00 Energy Summer 4,65/KWH 6,15J/KWH 7,2¢/KWH Winter 4.350 KWH 5,85¢/KWH 7,2~/KWH Plus materials, equipment and manpower costs for installation of this service, 239411/3-5 BXW 81T I I I JSTOMk.R BILL COMPARISONS HI H LOW FOR LAST 12 MONTHS Rate Current Proposed Class Rate Bill Rare Bill KWH KW R-1 'Law Use Resid nti 1 A) B) R-2 (Residential) A) High $06,02 $114,21 1,657 Low 30,17 33,50 450 B) High $134,02 $144,37 2,121 Low $20.22 $22.70 270 C) High $192,27 $206,47 3,071 • Low $65,94 $66.78 1,005 D) High $84,84 91-91 1,314 Low $49,20 153,66 786 RW (Religious Worship) A) High $2 959,87 3,344,28 51,280 210 Low 836,61 1,249,20 14,400 80 B) high $1 713.39 $1 997.20 29,600 139 Low 1580,13 1851.74 9,920 54 r LP (Large Primary) A) High $64,137.09 $70,206,30 1,013,600 4,480 Low $36,591.31 $43,311.90 5650300 3,360 B) High 214,338.13 $220,599.90 31838,800 70560 Low $127,785-32 $126,654,30 2,049,600 5,880 Page 2 Kate Currant Proposed KW K Clam Rate Bill Rata G natal Sarvi a Pria►ar A) High 53,972,09 5x,'903,90 8941600 21380 Low 30,829413 33,657,90 5010200 11792 (General Servica - Co=ercL, A) High $ 5421 $170,44 2'8242 91 8!0 Low 67489 $96,14 B) High 428,45 431,11 6,559 16,0 Low 178,86 1215,94 2,640 13.0 C) High $380,58 378.17 2;819 10.0 Low $154,19 1172,69 I • 2394U/1-2 ENERGY COST LEVELS 8 XNTOH PROPOSED a EXISTING WINTER RATES p I MIN Wes, I•,.~, wa'M"'Irt W..6+ . h~+~.++r,.,~,.nw,' r /BAR 4 i r. 2 O yap ~aaa znn ILOWATT FOURS Bann 4000 Soo 0 6000 OEM CUSS' LEVELS DENTON PRWSED 4 EXISTING SIPPER RATES yy~~ •p. . ,~~'~~T 1 1 +r~~rr..rr•n.r n " ..A2!'.tw._., r, MR1~~1 I~MtIM ~11I~1 ~+rn"r- •fn• yk« Yl+rw.) 4TyTYy~T+ M1!'FWVIrtRr'TH yon 1000 2000 $000 4060 1e'00 6000 KILOWATT HOURS 1. tit r 1;1 ENERG 1 MOST UVELA ' I. 1- I p TEXAS POWER : LIGHT 1. 1 YYff Y~'1Y ♦}rY'yfYa •^~~~~~fl~f~YfV• Ott A at JA441 fff~~~ 1 ~1 r • ,1 d 100 1000 2000 1000 1000 5000 boa KILOWATT FUSS ~ ; " ENE S t.S i It, -lei 1 won i 5 1 o/ISO v I L ,J 100 1000 good anus 4000 IVD* 6 n00 M LOWATT HOURS 1+1.111 lN' IIkJ1il1;1111A1. 1111.1~111<4~ 11►d,auu,.lua&u4, Allli111,41A11Y I,l1 41OW4 4 ~W40A11160N IW 1+11411'1111109 C4140 1444e 1441-+ AW OI N11111 411u1+ i'{ru tot +R $ 1411 K 1 II& Y filUl iUt' 141 1+ IN i i t Gu~~OK~ M$4I14 OK ~ HOSIONNTIA14 -SHALL tl to tw/KM1i w -f--}"+ -4--44 08414001 Coop t+ 111011+# awmtlNq v Grptoa rcoap0s4d y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - e , 0 ! r+4u1 ur Haul+►l.Ii1;14 111G411K+y ` 1uuu+Iti+au+iluuA►,+ +Iy~yuAl4urAlr ►luulll iu+IV►1►► 1 1.+I`Ml+Allltl►1N 1►f 1+►i+«il+llflliu+ twyxruYltl4~ Il+it r 1IIA+ OLNII+k MOP I'!.!I Ut k u~l+IKw_IMIUII'+ Y N+ llbk 11 , 11 ~ 1 la ' R)aBYpY~N1`TxL 11 + la ~ PH 1)14)311: 0 r•ti~ a ~'~-~~"'-+•+-a.y~-r-.-...-.-a.,..+.-.-.-•-+g-~-~-~-+~.+-i-+.+,-►,,•+~-+-,~-r~-w•~-+-+-+-+-t+-~+-+•r+-r~-+--i-r+-W-rrHi-r~-+-rH-r~-~-+-~-r~+-r 146Mto+1 COOS fp_ 1 1'.P F 4. pKwa:++~, Mroporr, prwa;ow It++r+►ttM~ 0 t _ KUI 04 134444•C 44144414114l• u11.1.1NUe♦ 444 COW (AC111i15- b*404tlW40211 KI U1.4ANU 1 %-.0444441$44" lit OkN141N INI~Np~rltil'I!~ RA 611N6i♦ 4Uiq~~ AW 1N410 1!lil IFf NII~TIN KM IKfU11J ~ 1+H ll~ o 0 Of K.K1 U+IQ 1+4 - - C I'111 111 f'NIII~{1~/R 11 -IM 11141.1 YN4~Ul 4 Lit 1 - } , I• 4J Ie $HALL COMMORCIAL r d•w+zna coop Oayaloa f' U 1+4Tppo~~d • 1 r ss~l~tlwy r ,b i+.. rr4i u1.) 1++ i OI I'I.fll IN' 1.ANU{: 411Nv111Gi~N11.1•INUrI , ~IWIi I.11A11 1AC11111 ~ 4U+ (JIItd11 J4)UTAUAIbuu► KM I11;MA►N1 SOJH04 1~Z tR 1) ~uw►Al11tI1K1 OF 4)911414111 NN+M+11&1I>► I:MIBIIN►i~ lU1N►. 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JWJ f 3 4UK 4.4140 11C111N s434000OUioclaot,+1 Kr N{NAM1 L~IM1'ANIUIIN 41F QEMON 1'1H11~uS111♦ (1i 11{b11Nd, CtNlil~ AN11 IHl4 I 1 14, jvqq Vigo p m", Let) 1 IJ ~ i I LARC4 PRIMARY II tr/KWN II 4 + !I tl ' I I r 1-+ 1-{ ..1_..,-..1.. + , ♦ aamto■ coom I l 0•-^6 ---~--w- - r r--ri proton iY1tlayf 4 PrupK,r~A ; I ,i Y---...-- 1_----"------- - ^--o - I, KAI UP 411641 41W1.111iM1111 11111.111aS j ;IUK 1+1411 FA411144 - U01 tool R4~ AuN•~IIgr004~ KM aMAw WIN 14 II leg 1~lNl+AIfIS11H UP WiNIUN 1*NUI1U"1J# (341611N4• CUAlP• 4#40 IH61 11'111 H v,130AW 1140042 Y IIIN. 1 I gill U 1?II+i i`F_1144IlLNY WON 44 Y UIN 11111/ (pQ1 ~6Y}► - - -.r~-.- ' I'Li_1 IN1 lMlrjo) 4~IN1uNU i illll U p 9 1 i1. i 11 1 I. 10 LOCAL GOVERNMENT /•/KNN 4 ' M N bwa~tu• Coop 614 1 i 6 ' 6a:i • l 1049 y o coo l7<doO NQC%Ci skkbwa 9 x 00 - OQm PUB MINUTES OF 9/13/83 7, C~NSIDER PROPOSER ELECTRIC RATE ORDINANCE: Nelson advised the oar that the proDose electric rate ordinance would increase rates overall y 7,6%. Nelson then identified the rate changes in each rate class noting that residential rates would increase 7.5%0 government rates would increase 18% and general service rates would increase 10.7%. Next Nelson presented pro formas for the Electric Department for years 1983 and 1984 and concluded by presenting monthly rate comparisons of current vs proposed rates. Cryan then addressed the Board presenting actual customer bills prepared using both current electric rates and proposed electric rates. Discussion followed. Chairman Laney announced that, because of prior commitments, he would have to withdraw from the meeting. Laney asked Vice-Chairman Herring to preside during the rest of the and informed the Board that he recommended the meeting rates be approved. proposed Herring called for a motion from the Board after the discussion period. Boyd made a motion that the rates be recommended for approval, second by Loveless, five ayes, no nayes, motion carried. 8. CONSIDER OPERATION REPORTS: Nelson presented to the Board the Utility y,stem Financial Statements for the month ending June 30, 1983. A brief discussion followed with Herring asking if more current information could not be made available to the Board. Hartung replied that such effort was underway, but that undermanning in the Finance Department made more current information difficult to obtain at this time. Nelson then briefed the Board on production and sales figures for both Water and Electric divisions for the fiscal year 1983. A brief discussion followed with no further action required on this item. 9. UTILITY DIRECTOR'S UPDATE: Nelson advised the Board that cap to costs were ecom ng an ever-more significant factor in estalishing electric rates. He noted that, in some cases,,it costs as much as $20,000 to bring a new home into the electric system. A brief discussion followed with the Board expressing its intent to inform customers of the magnitude of capital costs associated with the delivery of electric service. No further action was taken on this item at this time. With no further business, the meeting was adjourned at 9;05 A.M. 2435U/2 NO. AN ORDINANCE AMM ING SECTION 2$-21 OF CHAPTER 25, CODE OF oRoINANC46 PROVIDING FOR ELECTRIC UTILITY RATES1 PACIVIDING A SEVERABILITY CLAUSE AND DECLARING 04N EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSr PART That section 25.1j'i of Chapter 25 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follower ARTIC! C It. E49E,TRIC SERVICE seotion 25-21, Rate Schedule. Tne rates to be cnarged oy the City for electricity are nereby established as follower (A) RESIDENTIAL SERVICE RAT, (1,1CHEDUL4 R-1 APPLICATION Applicable to all electric service used for residential purposes in a single family dwelling or an inaLviuually metered • apartments supplied at one point of delivery and measured through one meter where usayo is not in exceus of 700 KWH per 30-day month during the billing months MAY through OCTOBER. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate :Schedule R-2 and thereafter for a period extending through the 12 billing months of the next yAar ending with the Occober oilliny. Annually, in Novomuer, the customer may again qualify for the R-1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer montns. Where individual dwelling units are being served through tr.a same meter as of the effective data of this rate schedule and the KWH in the billing months of MAY tnrouyn OCTOBER exceed 701) KWH times the number of dwelling units, the billing for that PAGE 1 month and thereafter will be rendered under Rate Schedule R-. NET MONTHLY RATE WINTER sUKKE Billing months oi' Billing months of November through April May through October 1. customer Facility Charge $5.50/month $5,50/month. 2, Energy Charge 5.50E/KWH $500 /KWH 3. Energy Cost Adjustment Schedule ECA schedule ECA MIN MU 41LLING $5,50/month $5,50/month TYPE OF SERVICE The Utility will supply single-phase service at any standard voltages available Prom the Utility's distribution system through one standard transformation. T PAYMg,N Bills are due when rendered, and become past due ie not paid within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities, in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS a, Billing for the Facility oharge shall be based on 12 bill- ings annually, Formulae Actual days in readLng period x customer charge 365/12 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E,C.A, (B) RESIDENTIAL, SERVICE RA'T'E (SCHEDULE R•2) APPLICATION Applicable to any customer for all electric service used for residential purposes Ln an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter. Also applicable to any customer heating with electric energy, resistance or neat pump. Not applicable to resale service in aw, event, not to temporary, standby, or supplementavy service except in conjunction with applicable rider. PAGE 2 NET MONTHLY RATE. WINTER SUMMER Billing months of Billing months Of November through April. Nay tnrou4-h October 1. Customer Faoility Charge Single Phase $ 6,50/montn $ 6,50/month Three Phase 511400/montn 511,00/month Energy Charge A1l First WH 5.50¢/KWH First 3,000 KWH 6.500/KWH All additional KWH 7.000/9WH 1, Energy Cost Adjustment Schedule ECA Schedule ECA MINIMUM BILLING Single Phase $ 6,50/month $ 6.50/month 'three Phase 511,00/month 311.00/montn TYPE OF SERVICE The Utilit; will supply single-Phase service for tnree-phase service if available at the point of delivery) at sixty ::1 cyc,es and at any stanoaro voltages available from the Utility's dt3tribution system tnrougn one standard transformation. Wnere service of the type desired by toe customer is not already available at the point of service, special contract arrange:aects oetween toe Utility ano the customer .may be required prior to its being furnished, PAYMENT Sills are due when rendered, and become past due if not Paid within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided sucpect to the special facilities rider, PRORATION OF UTILITY BILLS a, Silling tot the Facility charge snail oe oased on 14 angs. •annually. Formulal actual oat's in reading LeCiUO X customer charge 3 n a / . ~-y o. Billing for t'ne energy charge snaii oe oasee on 1o s;s tier montn to determine the K'wH coneumptiun to ue Cnaraea to e.cn rate block, Formula I ' Actual day3 in readine_ orriod KIsH in rate r,lock x Pate 1 ' 6 P.hH in rate olote :a..., JJ ti. IC) GOhIERCIAGRANsU INDUSTRIAL LIGH' , 6 4'Eit ( ` R~a (SCHEDULE LP (Large PrimorY) APPLICA1'IOf! Applicaole to any customer for all electric service suppled at one point of delivery and measured tnrough one meter wita customer providing all facilities necessary to receive primary j voltage service. Not applicable to resale service in any event, not to temporary, standby or supplementary service except in conjunction with applicable rider, NET MONTHLY RATE 1, Customer Facility Charge $49.50 per month 2, Demand Charge s 4,80 per KW of demand 3. Energy Charge 4 60d/KWH for all KWH 4, Energy Cost Aojustment Current ECA Factor 1NIMUM BILLING An amount equal to the demand charge as cal.ulated below cc,: not less than seventy percent (702) of the maximum monthly- demand charge for any month during the preceding eleven (il) mor, t he , TYPE OF SERVICE Primary voltage service (transformation equipment owned op customer) is available to any customer witn a 12-month minimum montoly demand of 750 KW or greater, Any customer which meets all criteria as a primary aetvice customer except minimum demands and wno is :lassed as a primary service customer on the date of the passage of this ordinance: and who continuously accepts service as a primary service customer may continue 'within this rate class, Primary service rendered at one poi,-.+: on the customer's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at toe option of the utility, Tne primary voltage service customer anal own, operate, ar.5 maintain all facilities necessary to receive three phase primacy voltage service ano all transformation facilities required f,~r conversion to utilization voltai.,. The Utility shail own, operate and maintain all Tetevinq racii.itres, either at primary or secondary voltage, at the Utility's option. Where --'e tility elects to motor at secondary voltage, Lwo percent sna:1 ca added to the aeaand cnarge, the energy charge and the enera.* cos: adjustment charge to account for transformer losses, PAYMENT 31113 are Ode Wnen r?noered, Bind oee,~me past due if not la:.; ~itnin 15 calandar lays from date of issuance. DE' ERMINAT:ON OF DE?:AND s r: .,i :r, City's demand meter, but not lase than 70% of the maximum KW similarly determined curing the previous billing months of MAY theougn OCTOBER in the 12 months ending with the current month, not LESS than 150 KW. W OR £R FACM The Utility reserves the right to make tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period, If the power factor is below ninety percent, percent, the demand for billing purposes will be facorbilling dtmahd by determined the uncorrected t 40% and $tECIAG E'ACILITL4$ All services whlah require special facilities in order to meet customer's se:vLoe requirements shall be provided subject to the special facilities close, PRORATION DF UTILITY BILLS a. Billing for the Facility charge shall be based on 12 billings annually, Formula, Actu 1 da s n reading period x customer charge b y b, Billing for demand shall be calculated on o 30 day per month basis and prorated for longer or shorter billing periods, Formulae Actual ia~Ls In reading period x KW demand x Rate ays ENERGY COST ADJUSTMENT A charge per KWH of energy taken foe fuel cost calculated in accordance with Schedule E.C.A. (D) GENERAL SERVICE PRIMARY (SCHEDULE OP} APPLICATION Applicable to commercial and industrial users for a-1 electric service supplied at one point of delivery and measured through one Primary voltage meter. Transformation equipment is owned by the UC 1ity. Not applicable to resale service in any event? nor in temporary, standby or supplementary service, conjunction with applicable rider. NET MONTHLY RATE Facility Charge $49,50/month 2. Energy Charge 4.90/KWH Demand Charge $ 5.05/KW 4, Energy Cost Adjustmenc Current ECA Factor PAGE 5 MINIMUM OILLINQ An amount equal to the demand charge as calculated below but not less than seventy percent (70t) of the maximum monthly demand charge for any month during the preceding eleven (11) months, TYPE OF SERVICE The Utility will supply three-phase service at sixty (601 cycles and at any standard voltages available from the utility's distribution system, Where Service of the type desired 'uy the customer is not already available at the point of service, special contract arrangements between the Utility and the customer may be required prior to its being furnished, PAYMENT Bills are due when rendered, and become past dui if not paid within l5 days from date of issuance, DETERMINATION OF DEMAND The demand shall be the KW supplied during the 18-minute period of maximum use during the current month as determined by City's demand meter, but not less than 709 of the maximum KW similarly determined during the previous billing months of MAY through OCTOBER in tho 12 months ending with the current month) nor LESS than 750 KW, POWER FACTOR The Utility reserves the right to rake tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period, If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor, SPECIAL FACILITIES All services which require special facilities In order to meet the customer's sorvlce requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS a. Billing for the Facility charge Shall be based on 12 billings annually. Formula, Actual d ~eadirlod x customer. charge o. Billing for demand shall be calculated on a 30 Say per month basis and prorated for longer or stiorter oillinq periods, Formula; Actual days in reading period x KW demand x Rate 30 days PAGE 6 E14EROY COOT AO.4UQTMENT A charge per KWH of energy taken for fuel ouat calculated in accordance with schedule E.C.A, SE) OENEKAL SERVICE (COMMERCIAL) (SCHEDULE OS) AFPLICAI~,ON Applicable to any commercial and industrial users for all electric service supplied at one point of delivery and measured through one meter. N t a linable to resale service in any event, nor to temporar , atan'dby or supplementary service excgit in con)unotion with applicable rider. NET M0NTH(4(r 1, Customer Facility Charge Single Phase $10,00 per month Three Phase $15.00 per month 2, Demand Charge $ 5.lU per KW of demand 0. Energy Charge 5,10)6/KWH for all KWH 4. Energy Cost Adjustment Current ECA Factor MINIMUM Buw"4G An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding eleven (11) months cut net less than $10/month for single phase or leas than $15/month for three phase. TYPP OF S£RVIC Secondary service available to commercial and industrial customers, The Utility will supply single-phase service (or tnveo-phase service if available at the point of delivery) at sixty (50) cycles and at any standard voltages available from the Utility's distribution system through one standard transformation. Where service of the type desired oy the customer is not. already available at the point of service, special contract arrangements between the Utility and the customer may be required prior to Its being furnished, PAYMENT Hills are due when rendered, and become past due if not paid -4kthin 15 calendar days from date of issuatice. DET£RMIHATION OF DEMAND The demand shall be the KW supplied duriny the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 703 oi' the maximum XW eimilarl determined during the previous billing months of MAY through ~CTOhFR in the 12 months ending dith the current month. In no case, shall demand be less than 1 KW. PAGE 7 In oases where the oonnocted load is constant, the Utility may, at it's option, estimate the KW demand, For noon signs, one volt ampere shall be oonsidered the equivalent of 3/4 watt, POWER FACTOR The Utility reserves the right to make tests to determine the power factor of the oustomer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period, If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 908 and dividing by the determined power fact"r. SPECIAL F'ACIyITIES All services which requars special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, PRORATION OF UTILITY BILLS a, Billing for the Facility charge shall be based on 12 billings annually, Formular Actual days Inreading period x customer charge 3 65 b. Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods, Formula L Actual days in reading period x KW demand x Rate 30 days r ENERGY COST ADJUSTMENT A charge per KWH of eneryy taken for fuel cost calculated in accordance with Schedule E.C.A. (F) LOCAL GOVERNMENT LIGHTING & POWER SERVICE RATE City, County, I openuent chop Dlstricti~ (SCHEDULE GI) APPLICATION Applicable to any local City, County or School Districts I'or all electric service supplied at one point of delivery and measured through one meter, Not applicable to resale service iri any event, nor to temporary, standby or supplementary service exreyt rn conjunction with applicable rider, NET MONTHLY GATE 1. Customer Charge Single prase 2 7.70 per month Three Phase 212.70 per month 2. Demand Charge $ 3.50 per KW of demano PAGF; 0 J, Energy Charge S,loo per KWH for all KWH 4, Energy Cost Adqusc.ment Current ECA MINIMUM 4tLLINU Thrgoe Phase $12,70/month TYPE OF SERVICE the Utility will suPPIY single-phase service (or three»pnase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the Utility's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the Utility and the customer may oe required prior to its being furnished, PAY, MMNT hills are due when rendered, and become past due if not Palo within 15 calendar days f:cli date of issuance, DETE, IIINNrtoN OF DEMAND The demand shall be the the current~imonduring the th as determined by period of maximum use during City's demand meter. _ P(JW$R E`ACTOR rho Utility reserves the right to mare tests to dstermine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period, If the power factor is below ninety percent, the demand for billing purposes will uo determined by multiplying the uncorrected KW billing deman~ by 90% and dividing by the determined power factor, SPECIAL FACILITIES All services which require special facilities rn order to must customer's service requirements shall be providad sub)ect to the special facilities rider, PRORATION OF U"'ILMY 41LLS a, Milling for the Facility charge shall be based on 12 billings annually, Formula, Actual days in reading porlod x customer chai.ge b. Billing for demand anall be calculated o,i a 30 day per month basis and prorated for longer or shorter billing periods, Formula, Actual aa,'s in reading period x KW demand x Rate J U cays PAGE 9 .~Nk:RGY~ COST A9t 3TTMF'~N A charge per KW' of energy taken for fuel ar,st calculated in accordance with Schedule 9-C.A. (G) STREET LIGHTING (SCHEDULE (32) APPLICATIVN Applicable to all street lighting provided within the City c Denton and provided to the City of Denton, anothor City or the Texas Department of Highways and Public Transportation. NET MONTHLY R.. CE 1. Facility Char g.0 2. En^ rgy,~Cgst iq atmeflt Current ECA X monthly bulb wattage factor Bulb W-JI tU a tA for 100W Sodium Vapor $ 6.00 18 KWH/month 25OW Sodium vapor $ 9.00 105 KWH/Month 40OW sodium Vapor $11.75 1,59 K14H/mchth 175W Mercury Vapor $ 6.00 70 KWH/month 250SV Mercury vapor $ 9.00 98 KWH/month 40OW Mercury Vapor $11.75 153 KWH/month 1000W Mercury Vapor $22.50 380 KWH/month TYPE OF SERVICE Tho Utility will supply single-phas3 service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the Utility's distributLon system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the Utility and the .:ustomer may be required prior to Its being furnished, )AYM9NT Bills are due when rendered, and become past due if not paid within 15 calendar days from data of lssuance. PRbRA'PION OF UTILITY SILLS a. Billing for the Facility charge shall oe based on 12 billings annually. Formula, Actual gays in reading period x customer charge 365/12 ENERGY COS7'_ADJUSTMENT A charge per KWH of energy taken for fuel cast calculated in accordance with Schedule E.C.A. PAGE 10 ' ~ (HI STREET LIGHTING 4 jRAFFW uS10NALS (SCHkiOULE 0 1 PPL CAT ( N Applicable to State and Loral Government agencies that install and maintain their own street lights and traffic signals, NET MONTHLY MN All KWH 6,00 per KWH 'rYPF OF SERVICE At the Utllrty's available secondary voltage and phase, PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE Maintenance expenses billed at cost, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided sub)ect to the special eaollities rider. ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with ScheduleE,C.A, (1) DO " ro' AiJM "`GHT I ~JG '(Security -L7ghting)~ (SCHEUUIE D-D) APPLICATION A?plieable to any customer within the area served by the City s electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system, NET MONTHLY IMP 1, Facility Charge 2. Energy Cost Adjustment Current ECA x monthly bulb wattage factor Bulb Wattage Factor 100W Sodium Vapor $ 7.50 48 KWH/month 25OW Sodium Vapor $10.00 105 KWH/month 400W Sodium Vapor $15,00 159 KWH/month 175W Mercury Vapor $ 6.50 70 KWH/month 250W Mercury Vapor" $10,00 98 914H/month 400W Mercury vapor $12.50 153 KWH/month PAGE 11 *No new or additional 250 watt mercury vapor lamps will be installed after the effective date of this sohedule, TYPE OF SERVICE Thd city shall furnisn, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor lighting fixtures conforming to the Utility's standards and dubjeot to its published rules and regulations. Where necessary for proper illumination or where existing poles are Inadequate, the City will install or cause to be installed, one (1) pole for each installed light, at o distance not to exceed eighty (801) feet from said existing lines, at no charge to the customer. Each additional pole span shall not exceed a span spacing of one hundred (100 ) feet. Additional poles required to install a llght in a customer's specifically desired ocation, and not having a light installed on same, shall bear the cost. AYp MENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. TERM OF CONTRACT A two t2) year contract shall oe agreed to and signed by each customer dua ring Ousk-to-Dawn Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the monthly municipal utilities bill. In the event that a customer desired the removal of the unit or discontinuance of the service prior to completion of two (2) years, the remainder of the eonteact period shall become due and payable, After the and of the initial two (2) year contract, service shall continue on a month-to-month basis and may be cancelled by either party upon thirty (30) days notice, SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS a. Billing for the Facility cnarge shall oe based on 12 billings annually. Formula, t Actual days in reading Period x customer charge 3b 5/12 ENERGY COST ADJUSTMENT A charge per xWH of energy taken for fuel cost calculated in accordance with Scn-:Jule E.C.A. (J) TEMPORARY SERVICE SCHEDULE (SCHEDULE Ti) APPLICATION Applicable when a customer requests electric service on a short term or temporary basis. PAGE 12 NNT MONTHLY KAU 1, Facility Charge $10.00/month 2. Energy Charge 7.2gf/KWH 3, Energy Cost Adjustment Current ECA MINIMUM BIL}.ING $10,00/month TYPE OF SERVICE At the Utility's available 120/240 volt single phase secondary supply, PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of i;3Aidnoe. ADOI'JONAL TEMPORARY SERVICE CHARGES Labor (Regular Time) $36.10 minimum up to I hour, $36.70 for earn additional hour (to be measured to the nearest one- quarter hour). Labor (Overtime) 4411.70 minimum up to 1 hour. $48.70 for each additional hour ito be measured to the nearest one- quarter hour). Premium time to be added where applicable, Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. Material MaterLal that cannot be salvaged to be billed at Stores cost plus 254 and applicable sales tax. At the time a temporary service is removed or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to customer at Stores cost plus 258 and sales tax, SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider, See Section 25-23(e) for standard requirements, PRORAT104 OF U,:ILITY BILLS a, Billing for the Facility charge shall oe based on !2 bill- ings annually, Formula i Actual days in reading period x customer charge 365/12 PAGE 13 ENEAGCOST ADJUSTM3.U A oharge per KWH of energy taken for fuel boat calculated in accordance with Schedule, E.C.A, (K) TIME OF USE RATES GENERAL SERVICE, SECONDARY (SCHEDULE TO) APPLICATIO Applicable to approved electric service required for secondary distribution service at voltage levels not to exceed 480 volts, NET MON'VHLY RATE 1, Facility Charge single Phase 310.90/month Three Phase 315,00/month 2. Energy Charges Billing months of June through September) 1,200 Noon through 9100 p.m, 8.80 per KWH 9100 poti. through 12100 Noon 4.80 per KWN Billing months of October through Mayi All KWN 4,W per KWH 3. Demand Chargei $ 5.10 per month per KW for all KW of billing demand, 4, Energy Cost Adjustmenti Current ECA MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (708) of the maximum monthly demand charge for any month during the preceding eleven (11) months, TYPE OF SERVICE Secondary service available to commercial and industrial customers, The Utility will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any stanoard voltages available from the Utility's distribution system through one standard transformation. Where service of t'ne type desired by the customer is not already available at the point of service, special contract arrangements between the Utility and the customer may oe required prior to its being furnished, DETERMINATION OF DEMAND The KW load metered during the 15-minute period of maximum use during the current montn's peak billing periods from 12100 PAGE 14 Noon through 9s00 p,m,r but not lass than 704 of the maximum Kw similarly ~Jetermined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS than 750 KW, PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. POWER FACTOR The Util,ty reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing period. Should the power factor so determined by below ninety (909) Percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety (901) peroent and dividing by the determined power factor, e~IAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities elder. PRORATION OF UTILITY BILLS a, Billing for the Facility charge shall be based on 12 bill- ings annually. Formulae Actual da a in readln erlod x customer charge 365 2 b, Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods, Formulas Actual day s in reading period x KW demand x Rate 30 days ENERGY COST ADJUSTMENT A charge per. KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. (L) TIM OF USE RATES GENERAL SERVICF.r PRIMARY (SCHEDULE TP) APPLICATION Applicable to approved electric service required for primary voltage distribution service at voltage levels not to exceed 69,000 volts and billing demand equal to or greater than 750 Ktv. NET MONTHLY RATE 1. Customer Facilities Charge $60.00 per month PAGE 15 2, Energy Charger 1200 Noon through 900 p,m, 8,60 per KWH 9100 p,m, through 12100 Noon 4,750 per KWH 3, Demand Cnarger $4,80 per month per Kw for all KW of billing demand, 4, Energy Cost Adjuetmentr Current ECA MINIMYM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (709) of the maximum monthly demand cnarge for any month during the preceding eleven ill) months, DETERMINATION OF DEMAND The KW load metered during the 15-minute period of maximum use during the current month's peak billing periods from 12100 Noon through 900 p,m „ but not leas than 709 of the maximum KW similarly determined during the previous billing tne current month, through OCTOBER in the 12 months ending w not LESS than 750 Kw, TYPE OF SERVICE At the Utility's avallaole primary voltage and phase. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. POWER FACTOR 'Cho Utility reserves the right to make testa to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing period, Should the power factor so determined be below ninety (909) percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety (909) percent and dividing by the determined power factor, SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements snall be provided subject to special faciliiities rider, PRORATIOM OF UTILITY BILLS a, Billing foe the Facility charge shall oe rased on 12 bill- ings annually, Porrmula r Actual days in teadino goriod x customer cnarge 3b5j ll b. Billing for demand snail be calculated on a 30 day per month basis and 1rorated for longer or snorter billing periods, Foemuldr Actual days in reading period x WN Demand x Rate 30 PAGE 16 ENERGY COST AOJUSTMkNT A charge per KWH of energy taken for fuel cost calculated in accordance with schedule E,C.A, RATE (M) INTERRUPT18LE SERVICE . (OCHFDULE PI) APPLICATION Applicable to all customers taking prima the service August, or September. NET KONTIiLY C}IARGE 1, Facility Charge 549,50/month 2, Energy Charge 9. Ofd/KWH Demand Charge $ 4.50/KWH 4. Energy Cost Adjustment Current ECA When the Utility requires a customer to Interrupt load and appl.y to for intorrupt his KW and KWHd/the then Otility the followiny customer rates elects shall not requested to be interruptedt Energy Chargel The actual cost of all KWH purchased by the Electric Department necessary to serve the customer's load adjusted for lasses. Demand Charget The actual cost of all KW purchased by the Electric Depart- ment necessary to service the customer's load adjusted for losses. PAYMENT Bills are due wnen rendered, and become past due if not paid within 15 calendar days from date of issuance. MINIMUM BILLING An amount equal to the demand charge as calculated below out not less than seventy percent ( 706) of the maximum monk l) demand charge for any month during the preceding eleven months, TYPE OF SERVICE Primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 750 KW or greater. Primary service rendered at one oint on 13,200 volts or 69e000 customer's sthpremises reelphasetat theinoption ltofethe utility, The primary voltage service customer shall own, oporate, and and i necessary to maintain seall rvice facilities transformation facilities prequiredi~sEot voltage conversion to utilization voltage, The Utility shall own, PAGE 17 operate and maintain all motoring facilities, either at primary or secondary voltage, at the Utility's option Where the utility elects to meter at secondary voltage, two percent shall be added to the demand oharge, the energy onarge and the energy cost adjustment charge to account for transformer losses. DETERMINATION OF DEMAND The, demand shall be the KW supplied duxtnq the 15^minute period of maximum use during the current month as determined by City's demand motor, but not lose than 709 of the maximum KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS than 750 KW, CONDITIONS A INTERRUPTION .he Utility shall notify the customer by telephone at least thirty 1101 minutes prior to the time at which the load is required to be curtailed. The request shall be for all or part of the customer's load exceeding ,+,oOO KVA. The maximum period ' of interruption shall be for six hours, The interruption shall be at toe request of the Utility during the periods when a potential forced outage could deny power to other customers or when available spi.eeninq reserves aro threatened. The customer shall respond by stating he will or will not comply with the Ut:llty's request within fie%oon {151 minutes after notification, POWER FACTOR REQUIREMENTS AND ADJUSTMENTS The Utility reserves the fight to make tests to determine the power factor of the user's installation servad hereunder during pperiods of maximum demand Eat tt,e monthly billing periods, yhould the power factor so determined be oelow ninety (90%) percent, the demand Por billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety {9011 percent and dividing by the uetormined power factor. SPECIAL FACILITIES All service which requiree special facilities in order to meet the curtomer's service requirements shall be provided subject to special facilities rider, PRORATION OF UTILITY RILLS a. Billing for the FacLLity charge shall be based on 12 bill- ings annually. Formulae Actual da_ysip reading period x Customer charge 365 12 b, Billing for demand shall be calculated on a JO day per month basi3 and prorated for longer or snorter billing periods. Formulae S' Actual days in readiaq period c KW Demand X Rare 30 ENERGY COST ADJUSTMEN'P A charge per KWt1 of energy taken for fuel cost calculated in accordance with Schedule E,C,A. PAGE 18 I' r (NI REGIAIQUB WOR~Hlt' A~P4_ICA' 10 Applivable to any faoility used primarily for religious worship, education and meeting Vernon's Annotated Texas Statutes organiiaticgvidNotnss forbLer Purr y tax exemption as a religious NF,,r D~D~J't'itX.,g~1NO 1. Facility Charge Single Phase $10.OU/Month hreer Phase $15.00/montn Energy Cnarge 5.10/KWH Demand Charge $ 3.40/KW 4. Energy Cost Adjustment Current ECA TYPE OF SLII E The Utlli,_1 will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from titre Utility's distribution system through one standard trans `ormatiun, Where service of the type desired by the customer is not already available at the point of service, special contract arrangumdnts between the Utility and the customer may be required prior to its being furnished, PAYMENT Bills are due when rendered, and become past due it not paid w)thin 15 calendar days from date of issuance, DE'PkRMINATION OF DEMAND The demand shall oe the KW supplied during the 15-minute period o1! maximum use during the current month as .ietermined by City's demand meter, SPECIAL FACILITIES All eervioes which require special facilities in order to meet customer's service requirements shall ue provided subject to the special fdcilltles rider. PRORATION OF UTILITY BILLS Billing for consumption and demand shall oe calculated on a 30-day basis and prorated for longer or snurter billing periods. a. Billing for the Facility charge shall be oased on 12 uili- ings annually, Formlllaf Actual disYS to reading period x rustumer cnarde 765/ll PACE L9 b, Bill.lnq for demand shall be calculated on a 30 day per month oaaLs and prorated for longer or shorter 'pilling periods, Formulas A uAl da s iy~eadin e lo.q x KW demand x Rate -days ENERGY COST ADJUST ENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E,C,A, t0) ENERGY COST AADJIIST?IEN, T (SCHEDULE: FCC'A) ENERGY COST ADJ:ISTMENT All monthly KWH charges shall oo increased or decreased by an amount equal to "X" cents per FWII, "V . + F a + 0 + E - lQ + H - 0.045 A - Estimated next month's cost of fuel used in the utility's electric generating plants, B - Estimated next month's cost; of purcnased energy, C - Estimated next montn's KWH sales. D - Estimated cost of fuel two mouths previous used in the utility's electric generating plants, E - Estimated cost of purchased power two months previous, F - Estimated KWH sales two months previous. G - Actual cost of fuel two months previous used in the Utility's electric generating plants, H - Actual coat of purchased energy two months previous, J - Actual KWH sales two months previous, NOTESt 1, Elements A, B, D, E, G and H exclude costs associated with sales to non-Denton Utility )urisaictiunal customers, 2, Elements C, F and J exclude KW sales to non-0enton Utility jurisdictional customers, 3, Elements B, E and H exclude demano charyes included In purchased power costs and rental charges tot facilities. ARTICLE III GENERAL SERVICES-CHARGES 5 PROCEDUkES Account Connection Fee APPLICATION Applicable when a customer requests electric service on a first time basis or transfers from one address to another in the Utility's service area. PAGE 20 Regular Time 3 18,00 4harge Overtime $ 25,00 Charge ruse moving Qhargge APPLICATION Applioable whenever a house Or other unusual and oversized structure is moved within the electric service area of the Utility, The City will visually review too proposed route for safe transportation regarding electric service, MEL Per Review 3 55,00 Damage Deposit 3000,00 Charges for removing and replacing utility structures for the purpose of transporting such oversized structures shall be in accordance with applicable schedule relating to Maintenance Work, Commercial and Industrial Customers, PAYMENT Payment -4111 oe in advance and will be In addition to applicable damage deposit whic+h is also to be collected in advance of actually moving the structure. Damage deposit is refundable after structure is moved. Damagos, if any, will be subtracted from damage deposit before refunding, Insufficie~it Fund Check tlaandlinu ChaK.ge APPLICATION Ap?licable when a customer check has been dishonored by the maker s bank and returned to the Company. RAPE Per Check $ 10,00 enarge Maintenance Work COmmeCCid~ndUaCC~d~ CUSLOmer9 I APPLICATION Applicable to maintenance work for commercial and industrial customers involving technicians, supervisors, department heads, and special equipment needed to perform the work. BILLING Labor (Regular Time) Actual time worked measured to toe nearest one-quarr,er haur and billed at the rate applicably to the employee's salary plus payroll additive of 152. Labor (Overtime) Actual time worked measured to the nearest one-quarter nour and brlled at the rate applicaole to the employee's salary plus payroll eddltive of 352. PAGE 21 I Transportation All vehicles to be billed actual hours and Equipment or miles as applicable according to the distribution rate (cost ;o operate) applicable to the vehicle and equipment uaedI Material Stores cost plus 251 and applicable sales tax, Other cost 'rho actual cost for meals and other miscellaneous out-of-pooxet expenditures applicable to the job. customer Re u stud Motor Re APPLICATION When a customer reques.s a reading of city motor due to a contested billing more than twice in a calendar year and no error to found. RA'P'E P r Additional Reading $20.00 9ILLING Charges will be added to the customer's next regular bill and will be due upon customer's receipt of bill and will he delinquent l5 days after billing date, Thg£t of Service APPLICATION The minimum charge of $100.00 will be made for any incidence of tampering with the meter installation, interference with tho proper worxang thereof, any theft of service by any person on customer premises, or evidence of sucn tampering, interferring or theft (energy diversion). The minimum charge shall bQ imposed for the detection and confirmation of energy diversion. In addition, the customer shall pay the reconnect charge of $15.00, the expense to or replacement of the Utility's equip- ment, and the estimated cost of power and energy not recorded on meter by reason of energy diversion, at the applicable rate using the Utility's best estimated data. COSTS Minimum Charge $100.00 Reconnect Charge $ 15100 Plus Damages Plus +Eatimated cost of power & energy TYPE OF SERVICE Electric PAYMENT Payment to oe made through the office of the City Attorney. PAGE 22 *Esttmated coat of power and energy will be based on billing history at meter location or on number and type of electric appliances at the location or a similar type 0 facility, Meter Test Fee {1PPLIC T3(W Applicable when a customer requests the tooting of a Company meter previously tested within the past four years and the meter is found to be within the accuracy standards. RATE Per Teat $25.00 Charge In the event a motor is found to be in error by more than + 2%, no charga will be made for meter test and the customer will be credited or billed up to 24 months of past history in accordance with error found. Miscellaneous Services APPLICATION Applicable to all miscellaneous services to customers not included in other sections. BILLING Labor kRegular rime) $ 8.00 per person in crew minimum up to ono-half hour, $16.00 pee person in crew, each addi- tionol hour to oe measured to the nearest one-quarter hour, Labor Overtime) $11.80 per person in crew, minimum up to one-half hour, $23.60 per person in crew, each addi- tional hour to be measured to the nearest one-quarter hour. Premium time to be added where applicable, Transportation All vehicles to oe billed actual miles driven at distribution rate (cost to operate) applicable to vehicle type used. All Material Stores cost plus 25'% and applicable sales tax, Other Costs The actual cost for meals and other miscellaneous out-of-pocket expen- ditures applicable to the job, Sake for Resale APPLICATION Resale of electrical energy is limited o'f the following conditions, PAGE. 23 I., Ganes will not be extended over/under 'lot Linea or public right-of-wage, 2. The per unit charge ($/KWN and $/Kw) shall not be more to the ultimate customer than is charged by the City to the original customer. No Facility charge or other pro-rata onarge shall be rendered as part of the electric sub-metering billing, 3. Measurement devices (meters) must have an accuracy of + 2.0% and be tested upon request by the ultimate customer, Interval between tests without charge to the customer is One year. Cost of testa shalh not be more than charged by the City under its ordinance, In cases where the metering is found to be inaeourate, the ultimate customer shall be billed or credited for the prior 24 months usage, 4. Billing dates of ultimate customers shall be wit+lin three 13) working days of the date used by the City for the City villing of the original customer, Rak,ords shall be maintained on site for inapection/verifi- cation oy the Cit/ and,/or the ultimate customer for the pr-oedinq twelve (12) months, 6, Violation of any section of this ordinance shall be punishable by a maximum fine of $100 per say per offense, Service Deposits APPLICATION Applicable when a customer requests service for the first time in the Denton electric service area, RATE A customer will make a deposit of $150,00 or an amount equal to 1/6 of the last twelve (12) months billings at the mater location, whichever is less, WAIVER OF DEPOSIT Deposit is not required if the customer has a good credit standing for utility service with the City of Denton or other electric utility system for the twelve (12) months prior to application for service with te.e City of Denton, Deposit will not be required to the event a customer nas a co-signer who meets the above criteria, REFUND OF DEPOSIT Deposit will be held until customer has completed twelve (12) continuous months with a good credit standing with the City of Denton Utility. At such time, or upon closing the account, a refund of entire deposit plus any accrued interest will be made, Special Facilities Rider 1, Applicabilityi All Service shall be offered from availabla facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location at which the customer requests service, then the Utility si•)ll provide the service subject to paragraph 2 of this schedule. PAGE 24 2. The total coat of all facilities required to meet the customer's load oharaoterlstics which are incurred by the Utility shall Do aubjeot to a special contract entered into between the Utility and the customer, This contract shall be signed by both partieu prior to the Utility providing service to the customer. PART 11, That Chapter 25, Article 11 "i'.leotrio Service", Section 21 of the Code of ordinances of the City of Denton, Texas is hereby repealed, PART ill, That if any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding snall not affect the validity of tae remaining portions of this ordinance, and the City Counoil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, PART iv, That this ordinance shall oecome effective thirty (30) days from the date of its passage, October 1983, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chrontole, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED This the _ day of 1983 R CIARD 0, STEWA T, MAYOR CITY OF DENTON, TEXAS PTTEST t CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM, C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS s I BY PAGE 25 / 1 ~1r September 20, 1983 CITY COUNCIL AGENDA ITEM SUBJECTi Consider Quitclaim & Ordinance for Abandonment of Easement for the Oak Hill Addition for Russell Trapp, Developer. SUMMARY-. 'rho owner of Lots 6R-1 and bR-2, Mr. Russell Trapp, desires to more fully utilize these lots in construction of single-family dwellings. There presently exists a 16' drainage and utility easement across a portion of both lots, but predominately Lot 6R•2. This easement is diagonally across these lots making lot 6R-2 at present completely unusable for construction of a family dwelling. Mr. Trapp proposes to re- align this easement, instead of a diagonal into an "L" shape. Therefore, the easement would still serve the drainage purposes. in checking the utility drawings and field information, there are no water/sewer/gas or electric lines in this existing 16' drainage and utility easement, It is I essentially a drainage easement. The City Staff has no objection to abandoning this diagonal easement in exchange for the re-alignment of a 16'' "L" shaped drainage easement. FISCAL SUMMARY,, The owner has provided the necessary engineering drawings in order to furnish a new easement. No other costs are anticipated. ACTION REQUIRED: Approval or disapproval by the City Council to abandon the existing easement in exchange for the "L" shaped drainage easement as shown on attached drawing. ALTERNA'T'IVES Not applicable. 2434U/1 Rk;COMAfENUATION t The Public Utilities Board, at their meeting of September 13, 1983, recommended to the City Council abandonment of easement and execution of it quit claim deed & ordinance as per attached field survey, Respectfully, R.E, Nelsom Director of Utilities EXHIBIT I-- Location Map 11-- Letter from Mr. Gregg Edwards representing Mr, Russell Trapp. III-- Survey of existing easement IV-- Ordinance V-- Quit Claim Deed VI-- Minutes of PUB meeting of 9/13/83 2434U/2 T-^ i Si7.0 '~0" 10.0'1 nF / LOT 4 ' SOT 6R 2 / ' I n• 1.. LOT 6R-1 : LO / Ar, Lid Lu N C / Jh i O I r O Z ~ Y / pV~ / ~ ~ 1 IrOi 1• .r / 0o- / c I 1 1 N N f.a^? `o 1? 1 z~ $SCOT, s Iwo "r W ra OA01 SUOCK{ A I c M s ~f' ORiINAQS EA9E.NENT ~ / ~ 1 / / 1 • he~•o~'so"w 190.0' L3r 9 rl A LOT ~e OAKHIL.L A001TION SECTION TWO L) 17 1 CAB. a/ p(3 -2,5 OW, EN R RUSSELL TRAPP 1$02 ANNA OENTON, TEAS 76201 r ~ N FINAL MALAY SCALE 1"112C JULY is, 190? • OAKHILL ADDITION SECTION TWO bt: - '1 w LOT 6R-I & SR-2 srr #1„ BLOCK A M ~ 3 eE10 1 0101.AT OF LOY IA, MOk A. OF OAIIMILL ADOIYION ' LOCATION MAP WTION Two IN TNc 111061101 HAU64ONT SUAVtT A-71 IN TMc ti" Ih MIN" of OI TON, TtXA1. u•wlMl t MI August 15, 1983 David Ellison City Hall. Dear David; This is the easement abandonment for the 4akhill Addition in the Robert Beaumont Survey Abstract. Please process it as soon as possible. Thank you for your attention to this matter, Sincerely, Gre Edwards t~ .~ti 9ASRMXNT A A A N 0CC34 9 N T All ghat certain 0.0034 we traot, or paxoal of"land situated 0 the Robert Aeaumont Survey Abatraot NWaber 31~ Penton County, Texas and being the 16' Drainage and utility easessent shown an Lot 6A Oakhill Addition, Section Two, Penton Taxaa as Shawn by plat recorded in Cabinet A rile 101 of the plat Records of Cen- ton County, Texas, and bei.nq more portioularly described by metes and'bonads as followsi de inning at the SoUhhvest corner ofrsaid Lot 6A Block A Oakhili Addition Section Twor Thence North 38 degrees 08 minutes 39 seconds last 171,68 feet to a point in Northllne of said lot, same being the South right- of-way of lteadlse Street) Thence South 87 degrees OS minutes 30 seconds Salt 19,129 feet with Headlee Straet to corners Thence South 36 degrees 08 minutes 39 seconds Nest 172,60 lest to corner) Thence North 87 degrees OS minutes 30 seconds Zast 19,U9 fast to the place of beginning and containing 0,0434 acres of land. 't FIELDS, EMSIAROS & ASSOC„ INC. uv~1hEEE5 ~+t0 :~:v:~OAS s 1214 Poll "OTH 'VI'A 4ENTO, MAS 15:91 MINUTES PUBLIC UTILITIES BOARD September 13, 1983 Members Present; Chairman, Roland Laney, Edward Coomes, Marvin Loveless, Leonard Herring, Nancy Boyd, Chris Hartung, Bob Nelson Staff; E. Tullos, Dave Ham, Charles Cryan, Joe LeBeau Others; Jon Weist, Denton Record Chronicle 11 INTRODUCTION OF NEW BOARD MEMBER, MS, NANCY BOYD; Chairman Laney introduced s, oy to the Board and the Board expressed its welcome, No further action was required on this item, 'l. PRESENTATION OF RESOLUTION OF APPRECIATION TO CHARLES CRYAN; Coomes made a motion that the Boar present a Resolution of Appreciation for service rendei..3a by former board member Charles Cryan. Motion was second by Loveless, five ayes, no nayes, motion carried. The Board then presented to Cryan a Resolution of Appreciation. 3 & 4. CONSIDER MINUTES OF AUGUST 16 F9832 PUBLIC UTILITIES BOARD MEETING S DER MINUTES i UTILITIES BOARD MEETING: Coomes made the motion that the Minutes a accepts as written. Second by Boyd, five ayes, no nayes, motion carried, 5. CONSIDER ABANDONMENT OF EASEMENT IN THE OAK HILL ADDITION FOR RUSSELL TRAPP: A ter a brief discussion among the Board, Loveless motioned that the Board recommend the City Council approve the abandonment of the subject easement. Second by Coomes, five ayes, no nayes, motion carried. 6. CONSIDER OPTION PURCHASE AGREEMENT WITH P&B CONTRACTORS ON DIESEL' PLANT SALE; Nelson & Tullos briefed the Board on this item outlining the terms of the proposed Option Extension. Nelson advised the Board that the Staff recommended that the option be extended. Loveless made a motion that the Board recommend subject extention, second by Coomes, five ayes, no nayes, motion carried. 2435U/1 N0, AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY BA$EMENT 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 THL TRACT OF LAND CONVEYED BY SAID EASEMENT) AND OECLARING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, acting pursuant to law, ane upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter cescribed tract of land to grantee and is of the opinion that sala utility easement is not needed for public use, and that same should De abandonea and quitclaimed to Russell Trapp, as hereinafter providedl and WIIEREAS, the City Council of the City of Denton is of too opinion that the best interest and welfare of the public wiil be served by abandoning and conveying the same to Russell Trapp, for the consideration hereinafter more fully set tortnr now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UENTON, SECTION I. That the following described tract of land in the City of Denton as and the same Is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concernedi All that certain 0.0634 acre tract, or parcel of land situated in the Robert Beaumont Surved, Abstract No, 311 Denton County, Texas and being the 16 foot rainage and utility easement shown on Lot 6A, Oakhil.l. Addition, Section Two, Denton, Texas, as shown by pl3t recorded in Cabinet B, File 191 of the Plat Records of Denton County, Texas, and being more particularly OPHCrlDed by metes and bounds as followai BEGINNING at the southwest corner of said Lot 6A, Block A, Jaxhlll Addition Section TWoI THENCE north 36°06'39" east 1'2,68 feet to a point in the north line of said lot, same being the south right of way of Headlee Street) THENCE south 117°05130" east 19.129 fast with Headlee street to cornea THENCE South 36008139" 'Test 171.68 teat t0 corverl THENCE north 8705130" east 19.129 feet to the place of beginning and containing 0.0634 acres of land. SECTION 11. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said 'Itility easement described therein to Russell Trapp, RUSSELL T RAPP/UAK HILL ADDITION-PAGE t §ECTION III4 That portion of the public utitlty easement herein deeoribed t,ein9 Vacated, abandoned, and olosed i9 made subject to all existing coningg reg4atlons and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not, SECTION IV, This ordinance shall taKe effect and be in full force ana effect from and after the date of its passage, and it is eo ordained. PASSED AND APPROVED by the City Counoll of the city of Denton, Texas, this the day of , 1983. RICHARD , RAYOk CITY OF DENTON, TEXAS ATTE 1 CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 1 APPROVED AS TO LEGAL FORMi C. J, TAYLOR, JR,, CITY ATTORNEY CITY OF DENTON, TEXAS 8Y, V RUSSELL TRAPP/OAK HILL ADDIT;ON-PAGE 2 , T zJYa¢T~Pii~Yj'r!`.~`++lvi:~ta!fpY'siOH~F•aR.tW I 1 C IF THE STATE OF TEYA$, MNOW ALL MEN BY THESE PRESENTS. COL'N71' OF DENTON '.'hat The City of Dento..), Texas, a Municipal Corporation of the County of Denton and State of Texas for and In coaelderatioa of the sum of »«•»«T>N AN? NO1100 ~510,~0)».».»^-__.»»»»_.»-..-.DOLLARS. and other»gcod rind valua lo consi eras ens to it is hand paid by Rusoall Trapp of the County of Denton and State of Texas the reeelpt of whiob is hereby acknowledged, do, by these proonts, BARGALN, SELL, RELEASE, AND FOREVER QUIT CLAD. unto the said Russell Trapp, his heirs and assigns. all its right title and Interest in and to that ryrtaln traot or pan cel of land lying In the County of Denton and State of Texas, describal as follows, A1laTat certain 0.0634 acre tract, or parcel of land situated to the Rooert Beaumont Survey, Abstract No, )1, Denton County, Texas and being9 trio 16 foot drainage ane utility easement shown o Lot 6A1 Oakhill Addition, section Two, Denton, Texas, as shown by plat recorded in Caotnet 8, File 191 of the plat Records of Denton County, Texas, and being more particularly described by metes and bounds as followai BEGINNING at the southwest corner of said Lot 6A, Block A, Oakhill AdditLorl section Two) THENCE north 36908'3911 east 172.68 feet to a point in the north line of said lot, same being the south right of way of Headlee Street) THENCE south 87005130' east 19.129 feet with Headlee street to cornea THENCE south 3600813911 west 172,68 feet to oornert THENCE north 8705'30° east 19,129 feet to the place of beginning and containing 0,0634 acres of land. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Russell Trapp, his heirs and assigns, forever, so that neither the said Cite of Ce-ton, Texas, a Xunieipal Corporation. its successors nor ) Wfct,<xtC t1y person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there WIIIN*ESS our hand at Denton, Texas this day of A. D. 198 3 Times<es at Request of Grantor; rr ..4 , Y_ TEKAS - _ ..no. Ai LE" CITY SEC?ETA.RY 4 ~H AN ORDINANCE AMENDING CHAPTER 12, ARTICLE II, SECTION 12.19{4) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATINU TO SANI ATES) CONFDtCTi AND DECLARINUNANREFFECTIVE DATEINU ALL ORDINANCES IN THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORUAINS, SECTION I, That section 12-19(b) of the Code of ordinances of the City of Denton is hetsoy amendeu to read as followsi "(b) The enarge for collecting garbage, tra9n and rubbisn from each individual family unit snail be Six Dollars and seventy-Five Cents ($6,79) for a thirty day period, All such fees are sub)oot to being increased by the sanitation division if more than the minimum service is required," SECTION II. Tnat if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invaltu by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas nereby declares It would have enacted such remaining portions despite any such invalidity, SECTION III. Tnat ill orainances or parts of ordinances in force when the provisions of this ordinance become effective wnicn are inconsistent or in conflict with the terms or provisions contaihed in this ordinance are nereby repealed to the extent of any such conflict. SECTION IV. That this ordinance shall become effective October 1, 1983, and the City Secretary is hereby directed to cause too caption of t,iis ordinance to be published twice In the Denton Record -CnronIcle, the official newspaper of the City of Denton, Texas, wltnin tan (10) days of tho date of its passaye, I PASSE) AND APPROVED this the day of September, 1983, RTC HARD A CITY OF DENTON, TYXAS A'I"T£S'1' CHARLOTTE ALLEN, CITY SECR£'TARY CITY OF DI:NTON, TEXAS APPROVED AS TO LEGAL FOAM, C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ~ I CITY OF DENTON MEMORANDUM TOt Mayor and Members of the City Council FROMi Charlotte Allen, City Secretary DATEi September 15, 1983 SUB:JECi Hack-Up Materials for Item 4,N and 4,1 The ordinancris adopting the budget and setting the ad valorem tax rate will be prepared after the budget 400 p.m. work session on Tuesdayr September 20. No written back-up is available at this time. Thank you, i i Charlotte Allen I ca 1022C/1 September 20, 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Resolution Approving Supplemental Agreement of Ray Roberts Lake Recreation Contract with the Federal Government. SUMMARY: The Supplemental Agreement, modification No. P00001, to the Ray Roberts recreational contract with the Corps of Engineers addresses the following issues: 1. Contract title is changed to include fish and wildlife enhancement. 2. Recognizes legality of eontrar.ting with a non-Federal entity for development, management, etc. 3. Includes statements authorizing design, construction, etc., for fish and wildlife enhancement. 4. Advises that lands will be purchased specifically for fish and wildlife enhancement. (This is for the fish rearin , water fowl wetlands and Greenbelt Corridor areas.5 5. Identifies that in the fish rearing and wetland areas the Federal government will pay 75% and the Cities will pay 25% of the developed cost. 6. Establishes that the Cities are responsible for future operation and maintenance of fish and wildlife enhancement areas. 7. Establishes an estimate of the City of Denton's cost (based on 1982 estimates): Ray Roberts Recreation $1,932,000 63,000 Fish and wildlife 11,8380500 Future 8. Recognizes that the State of Texas may operate the Ray Roberts recreational facilities and authorizes the Federal government to enter into a separate agreement with the State for such operation. The Corps of Engineers district offices, which are responsible for development of the Rai, Roberts project, have received approval from the Corps of Engineers Division Headquarters for the fish and wildlife enhancement including the 3 fish rearing onds and the 7 wetlands water fowl areas costing a total of 965,000 and approval of 2434U/12 ollowtn Che State of Texas to operate the recreational facilities. The Divtsion Headquarters has not approved the Greenbelt Corridor yet and has requested additional information regarding the authorization of the Greenbelt Corridor in the Ray Roberts authorizing legislation, plus additional information regarding the justification for the project. Although the State Parks and Wildlife Department is vt:xy incnrested in development of the Greenbelt Corridor, they have advised that the Greenbelt Corridor can be considered a separate issue, and that they will agree to operate the recreational facilities on Ray Roberts with the fish and wildlifu enhancements and the park configurations developed as indicated in the Master Plan. As part of the requirements for the wetlands area, which will retain as much as 1000 acre feet of water during the fall and winter., and the fish rearing ponds and irrigation for the various park facilities, thw State has requested the right to use water from Ray Roberts. Denton has tentatively considered allowing the State to use up to 204.62 acre feet of water per year, (66.6 million gallons per year or 183,000 gallons per day). At the present cost of 37.3 per thousand gallons, this will represent $68.26 per day or 24,915 if Denton's population and water use exceedec[ 100,000 people and 23.5 million gallons per day and this supplemental water were being purchased from Dallas. The staff is working with Dallas in an attempt to consider this water as coming from "overdraft" volumes rather than safe yield and thereby not be a cost at all to Denton. The Greenbelt Corridor, which has understandably become a controversial issue among the area landowners, is of substantial benefit to the City of Denton since the Corps' district office believes this project can be substituted for the Cities' obligations to install recreational facilities on Lewisville. In a recent publication byy the Corps of Engineers with cost estimates updetted to Fipri'l 1983, the cost comparison between recreational facilities on Lewisville vs the Greenbelt Corridor, Denton's annual cost based on present costs would be $68,960 for Lewisville and $6,816 for the Greenbelt Corridor. The Lewisville fi ure would escalate with operating costs which represent 72t of the costs. The Greenbelt Corridor costs would remain fixed since the State has agreed to operate the Greenbelt Corridor. I 2434U/13 w The cost comparison summary is as follows: l.Fwisville Greenbelt Development Cost $4,322,400 $30095,100 Denton's Share $561,912 $2011182 (26% of 50%) (26% of25%) Annual Charges (local costs only, Federal Gov't pays 50%) Amortization $730230 52,IA38 0 0&M $192,000 150.00 Total $265,230 $102,438 Dent;on's Share $68,960 $6,816 (26`x) (26% of 50% (NO 0&M~ Dallas' Share $196,270 $38,804 (74%) (74% of 50%) (NO O&M) State Parks & Wildlife Department 0 $76,219 (50% & ALL O&M) FISCAL SUMMARY: 1. Substantial savings to Denton, possibly $200,000 per year, in opperation of the Ray Roberts recreational facilities by having the State operate the parks. According to a study conducted in 1980 by LWFW for Denton and Dallas, the 1980 annual cost to operate the Ray Roberts and Lewisville parks would be $814,700. 2. Added cost of $63,000 to Denton due to fish and wildlife en0ancement. This equates to $4 687 per year based on amortization over 50 years @ 7.211 interest. 3. Decrease in annual cost of $62,144 ($68,960 minus $6,816) due to substitution of Greenbelt Corridor for Lewisville Lake recreational facilities. 4. Loss of 66.6 million gallons of water per year to the State of Texas Parks and Wildlife Department. 2434U/14 ACTION KRQUIKEDi Approval of Kesolution approvi.n$$ the Supplemental Agreemen~. Modification No. P000010 to ttIe Ray Roberts Reoreatio" Contract with the Federal Government and authorizing the Mayor of the City of Denton to execute subject supplemental agreement# RECOMMENDATION: The Staff recommends approval of subject Supplemental Agreement and Resolution. Respectfully, R. E. Nelson Director of Utilities EXHIBITS: Contract #0ACW 63-80-C-0107 Modlflcatlon No. ('00001 Rosolullon Endorsing Groonbolt For Roy Roberts Lako i v ► ~C .P C c ~ ' cf ' C 1 , Contract No. DACW63-80-C-0107 modification No. P00001 Ray Roberts Lake (Formerly Aubrey Lake) supplosental Agreement Dates THIS SUPPLEMENTAL AGREEMENT, entered into on the above date by and between the United States of America (hereinafter called the Government), represented by the Contracting Officer executing this Agreement, and the city of, Denton County, Texas, (hereinafter called the City), WITNZSSETH WHEREAS, under the terms and conditions of the original contract, the City, under Article 19, and the Government recognize that the State of Texas, by called thAtion of its Parks and Wof t Ray t Roberts desire Lake (hereinafter 411 or a the recreation facilities Project); and WHEREAS, the State of Texas, by its Parks and Wildlife Department (hereinafter called the State) desires to participate in the development of such facilities but has not been able to assume its obligations as required in the provisions of Section 221 of Public Law 91-611 (42 U.S.C. 1962d-5b); NOW, THEREFORE, the original contract is hereby modified !,a the following particulars but in no otherss 1. Contract tit a is changed to include fish and wildlife enhancements 2. The last WHEREAS clause is changed to reads WHEREAS, the Government is authorized by the Federal Water Project Recreation Act (Public Law 89-72), 16 U.S.C. 4601-12 at seq.) to make , terra-, eta Ath nos-Fade al bodies for develo sent, manAgemeat, and ad"- con nist iSn of the recreation and fish and wildlife resources of Federal water resource projects; 3. ARTICLE 2, paragraph a, is revised to reads The Government agrees to design, construct, and operate the Project to provide for nha„nnement o~~neral recreation and,JJM and wildlife consistent with maximum utilization of water supply and flood control in the Project. Details on lands necessary for such enhancement are shown 4 in the Project RECREATION RESOURCES APPENDIX SUPPLEMENT NO. I to DESIGN ly AO ~ p~. ~ MEMORANDUM NO. 21 as concurred in by the City and incorporated herein by J references 4. ARTICLE 2, paragraph b, is revised to reads In addition to the lands to be acquired for the other authorized pur- ance poaes, the Government will acquire certain lands specificall.,y 4..e 1 1 . the e ~g~ wildlife-po kentipal of the Proj4cts The lands antic ate to acquired or a a ec upoues including recreation, are those T,ands shown on Plates I- F, 1-2, and 1-3 of the above referenced approved RECREATION RESOURCES APPENDIX to DESION MEMORANDUM NO, 2. S• ARTICLE 2, paragraph a, is revised to read: 'rho City, in cooperation with the Government, will prepare a mutually acceptable "Plan of Racreatioo Development and Men* *went" which will depict and identify the types and quantities of facilities 'which the City and the Government will construct in accordance with this contract. The presently estimated cost of facilities to be so provided is contained in Exhibit A, entitled "Estimated Separable Recreation and Fish and Wildlife Enhancement Costs," attached hereto and made a part hereof Such esti- aate of facilities cost is subject to reasonable adjustment as appropriate upon approval of the above mert:ioned "Plan of Recreation 00velopment and Management" and completion of construction. 6;' ARTICLE 14 paragraph e, is deleted. .f 7. ARTICLE 3. Immediately after the first sentence, insert the followings The City will pay or contribute in kind V.tttyAJy$_ercent .J =t and the GovsrnmeALj Pay or contribute in kind sey.~ ive . 75 of the separable cost of f.i h and wildle enhancement of that por- Eon~ participated in by the City. ,h 80' ARTICLE 31 paragraph a, is revised as follows: Fifty percent (30X), the City's share of the estimated separable costs, 06 of initial recreation development participated in by the City, is esti- mated to be 410932,000, and twenty-five percent (23z), the City's share e.% of the estimated separable costs of fish and avildlife enhancement par- ticipated in by the City, is estimated to be h63,0004 These amounts shall be paid to the Government by the City as follows$ 9. ARTICLE 3, paragraph b(1), is revised to indicate that the City's C146 share of the future development coat, based on 1 January 1982 prices, is ~esr $1; 838 soot 10. ARTICLE 7, paragraph a, is revised as followst The City shall be responsible for operation, maintenance, and replace- ment,.yAc, CQJl ,,t?.. t Co 64ig tt, o"Ei1,I''7r&ci1twee developed to'- ' support Project recreation and _f and mil a opportunities in areas leased by the City' ln.areas 1AM by ffie~y, the City shall maintain all project lands, waters, and facilities in a manner satisfactory to the Contracting Officer and puvsuant to the provisions of any lease or license which may subsequently be entered into between the parties hereto, with the exception of lands required for operation of the Project • structures as described in paragraph c below. ~ A ' 1 1 Its ARTI4`I.l: 140 Alternate locals nsor, is revised in its entirety to read as follows The CitX and the hereby zaaogaiaa-.that the State of Texas by its Parks aa_ d_W4AIA~ts mav Uairx the use of or a of the re at t oig i Lies of the Pt`+'~ eat. The ly% no t t t a QavpYn= ~_5b' aia:entAratQ .g. gst g~g,S kith ih9 _ t for this ,pie . A copy of tea "i`room nt viph he State is attached WIC Mibit ~Oxever, in the event the State is without full authority and capability to perform the terms of its agreement vvlth the Government and to pay damages, if ascessary, in the event of failure to perform, the Government shall have the right to require the City to perform upon 60 days notice, all or part of its recrea- tional responsibilities as provided for in the original recreation contract, 124 INhibit A, Rstimated Separable Recreation Cost, is revised to indicate the City's share of the initial and future recreation development cost and initial fish and wildlife development costa. M All other terms and conditions of the original contract shall be and remain the mama. 9o This Supplemental Agreement shall be subject to the written approval of the Secretary of the Army and slsall not be binding until so approved* 7N WITNESS 41UOF, the parties hereto have executed this contract as of the day astir! year first above written. APPROVEDI THE UNITED STAIRS Or AM)7.RICA Ey eoretary o the y (Civil or a Colonel, CE Contracting Officer Date Date COUMRSIONEDI CITY OF DENTON, TEXAS it Ay William Ho Nary, My Finance Oflicer Qv is Hartung City of Denton, Texas City manager • APPROVED AS TO FORMi C.1 aylor, City tornay City of Denton, Texas I, Charlotte Allen, certify that I as the Cit7 Secretary of the City of Denton, Denton County, Taxas, named as City herein; that Chris Hartung who signed this Supplemental Agreement on behalf of the City of Denton was then City Manager of the City of Denton, Texasl that said Supplemental Agreement was duly signed for and on behalf.' of tie City of Denton, Texas by authority of its governing body and is within the scope of its legal powers. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said City of Denton, Texas, this day of 1983. Charlotte Allen t Secretary city of Denton, Texas CORPORATE SEAL RAY R RRTR A*~NISIVILLN LAKRN EXHIBIT A ESTIMATED SEPARABLE REOREATION AND FISH AND WILMIrl ERHAliDMNT COSTS (January 1982 prices), Ray Roberts Lake - "creation (excluding late dullois Park) Met N04 Feature Initial develo mont Future development Total 01 Land purchase (publia use areas) $ 21882;000 $ 21882,01110 03 Reservoir (alearing public use areas) 500,000 $00,01111 14 Recreation facilities 81371,000 $12,2330000 20060410a1n 30 Engineering and design 695,000 110154000 10710,001D 31 Supervision and administration 611 000 893 000 1 504 0111L~ Subtotal $131059 o OOO '~;14l o OOO ~;2 111 Lewisville Lake - Recreation 03 Reservoir clearing 224,000 224,0u10 30 Engineering and design 160000 16101110 31 Supervision and administration 16 000 16 01110 Subtotal060 56, 01110 Ray Roberts Lake - Fish and Wildlife Enhancement 06 Fish and wilkdlife enhancement 854,000 854,01f(D 30 Engineering and design 590000 59101110 31 Supervision and administration 52,000 52 01110 Subtotal $ 965,000 65,0111D Greenbelt Corrid;,r - Recreationl 01 Land purchase (public use areas) 1,3051500 1030511iDo 1.4 Recreation facilities 2140500 214,5(110 30 Engineering and design 151000 15,0(111) 31 Supervision and administration 13,000 13 u1fio Subtotal $ ~6 `10 348`;71.1110 Total recreation and fish and wildlife enhancement costs ,$15,828,000 $1401410000 $290969;Umo lRepresente,one-half of greenbelt corridor recreation costs - regaining one-half of costs is covered under a separate contract with the State of Texas. 1♦ M RXIMBUR9RMI:NT 11Y WOAl♦ IRTV"M ' At Rooreation' development at stay Roberta and Lewisville Lakes* Parr cent Initial development Future development Tom t~ aX Local interests 50 $6,6570500 $7,070,500 City of Dallas 74 419260500. 5 $1 , D00 ,232,000 1006, 11589N1,,500 City of Denton 26 11731,000 108380500 3,569,500 Bo Fish and wildlife enhancement at Ray Roberts Lake. Local interests 25 2410500 241,,500 City of Dallas 74 178,500, 1711,,500 City of Denton 26 63,000 63„ 000 1 Co Oreenbelt Corridor Local interests 50 7740000 774„000 City of Dallas 74 5736000 571,3000 City of Denton 26 201,000 20L„ 000 Total recreation and fish and wildlife enhancement in which local interests participate 71673,000 700700500 14,74:3*, 500 City of Dallas 50678,000 50232,000 10091%,000 City of Denton 109950000 11838,500 3,833,500 (1) Estimated schedule for the City of Denton share of 1985 1993 2005 2015 future developments 0 $1,838,500 Based on projection of anticipated visitation which will establish the need for additional recreatiain development as shown in the Project Recreation Resources Appendix and the Plan of Recreation Develop- sent and Management made parts of this contract by Article 2b and Article 2c, respectively* 1 • 1 III - RRIN811RSRNRNT Of MAKABLE COSTS A. Reimbursement by City of Mnton, Texas; Initial develo rent Future develo vent Separable recreation dove lap sot expenditures $10995,000 $10838 S00 Interest during construction 221 0002 Separable coats to be repaid $20 2160 ~b $I;83056 llnterest rate for reimbursable amounts will be set as of the beginning of the Government fiscal year in which construction of the Project to started, 21ntarest rate 7,210 percent, 3To be charged sr required by Article 3b, D, Repayment schedule for initial developmento Computation for annual payments .,or amortization and interest based on 50 equal payments, of which thbc last 49 payments bear interest on the unpaid balance at the rate of 7410 percent, P • (A - P) (i + p) Whereo P a annual payment P a (A - P) .0745602419P A w amount to be repaid $ P w .0745602419A - ,0745602419? 1 a interest rate ■ 7,2109 1,0745602419P ,0745602419A (i + c) w interest plus amortization coefficient for 49 ymars p .0745602419A .0745602419 T.0 02 19 EXHIBIT RESOLUTION ENDORSING GREENBELT FOR RAY ROBERTS LAKE WHEREAS, a recognized purpose of the North Central Texas Council of Governments is to help local governments recognize regional opportunities, resolve regional problems, eliminate unnecessary duplication, and make point regional decisions; and WHEREAS, a NCTCOG regional open space plan indicates that the frost highly regarded natural resources in this region lie in "environmental corridors` which generally follaa streamlines and which are ideally suited for recreation; and WHEREAS, the recently adopted North Central Texas Council of Governments Committee of the Future 1983 Report re ~t ex o ng and Potential use o r am orr rs or the purpose of recommending a realistic and achievalbe regional strategy; and WHEREAS, the NCTCOG Environmental Resources Advisory Committee, comprised of public officials, private citizens, economic interests, and public interest groups, and the NCTCOG Water Resources Council have unanimously endorsed the Lake Ray Roberts/Lake Lewisville recreational program in August, 1983; and WHEREAS, the sponsors have indicated that they will provide recreational facilities of equal quality and location to adjoining communities at Lake Lewisville to replace those being inundated due to pool raise, NOW9 THEREFORE, BE IT HEREBY RESOLVED BY THE EXECUTIVE BOARD OF THE NORTK CENTRAL TEXAS COUNCIL OF GOVERNK NTS: Section 1. That the Executive Board of the North Central Texas Council of Governments endorses the concept of the proposed greenbelt corridor for Ray Roberts Lake and the cooperative financing of the entire project as innovative, regionally sand, and a significant step in implementing the regional open space plan. Section 2, That the Executive Board of the North Central Texas Council of Governments requests the U.S. Army Corp of Engineers and participating agencies to caref*lly evaluate the greenbelt plan in order to minimfze unnecessary hardships to adjoining landowners, Section 3. That the Executive Director is authorized to forward this resolution to the appropriate officials at the City of Dallas, City of Denton, Texas Parks and Wild- life Department, U.S. Army Corps of Engineers, and other interested agencies, Section 4, That this resolution shall be in effect immediately upon its adoption. 69A er a , ras North Central Texas Council of Governments Councilman, City of Hurst I hereby certify that the resolution was adopted by the Executive Board of the North Central Texas Council of Govern is on August 25, 1983, Wilirm 0- s xecu ve rec or North Central exas Council of Governments i S 0 0 WHEREAS, the V, S. Army Corps of Engineers Division Heaa quarters has approved fish an0 wildlife enhanoement areas to, the Ray Roberts Lake Projects and WHEREAS, the V, S, Army Corps of engineers has authorized the state of Texas to operate proposea recreational facilitie4 for the Lake Ray Roberts projeots and WHEREAS the U, S. Government has agreed to pay 151 of tnM cost of developing fish and wildlife enhancement areas for the project with participating Cities contributing 25% of Ouch 0044: and WHEREAS, the City Council of the City of Denton, Texas. recognizes that the development and maintenance of fish an,. wildlifo enhancement areas is significant in the preservation 1! our natural resouroess now, therefore, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY t DENTON, TEXAS, THAT% SECTION I The Mayor of the City of Denton, Texas be and is necec-{ authorized to execute the attached Supplemental Agreement Modification No, P00001, t0 Contract 1DACW 63-80.0-0107 betwe9-. the United State Government and the City of Denton relating fisn and wildlife enhancement for the Lake Ray Roberts Project. SECTION It. The City Secretary is autnorizea to forward this Resolution. to the appropriate officials at the City of Dallas, Texas Pac4t and Wildlife Department, U, S. Army Corps of Engineers, Noc:r, Central Texas Council of Governments and other interes:i-4 agencies. SECTION IIIN This Resolution shall be in effect immtdiately upon ::a passage, PASSED AND APPROVED this the day of RICHARD Q. ST77KKT-,-TM= CITY OF DEN'TON, TEXAS ATTESTf CHARLOT:'v- ALLEN, CITY 5ECRE CRY CITY OF DENTON, TEXAS APPROVED AS 'TO LEGAL FORM; TEXAS 0 0 WHEREAS, the City of Denton, Texas, has heretofore entered into a Contrast with the Federal Government for rsoreattona:. development associated witn Ray Roberts Lake and thereby is obligated under subject Contract to also provide oertai. recreational facilities at Lewisville Lakel and WHEREAS, the Corps of Engineers, Fort Worth District Offices, believes that a Greenbelt Corridor between Ray Robe:;s and Lewisville Lakes may be substituted In lieu of adaitiona: recreational development at Lewisville Lakel and WHEREAS, the City of Denton, City of Dallas and the Texas Department of Parks and Wildlife ot'leve the Oreenbelt Corridc: project is a more beneficial recreational project t;: s. additional recreational facilities at Lewisville Lake and wi;. 1 provide a muon needed recreational resource in the North Texas Metroplex area as noted oy Texas ParKS and Wildlife surveysl and WHEREAS, the Greenbelt Corridor will os less expensive a,,- have a better cost/benefit ratio than additional recreationa. facilities at Lewisville Lakel and WHEREAS, several area organizations such as environments. groups, area recreational groups, the Sierra Club, the ;lot; Central Texas Council of Governments and others have oxpressfi support of the Greenbelt Corridor pro)sotl now, therefore, BE IT RESOLVZD BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXk , THAT, E SECTION r. The Oenton City Council supports the Greenbelt Corri.:: project; and j SECTION 11, The Denton City C^tncil encourages all other parties Interested in the type and quality of recreation trat wili .-e r provided by such a Greenbelt Corridor to join in support of :•.e Greenoelt Corridor project; and PAGE 'J:;% 5 GpN ~~{y The Denton City Counoil encourages all parties to worL together towarae the successful oompletlon of the Greenbelt CorridOr ptojeot, a projeot that will be beneficial fat generations to oome for area residents, fishermen, oanoelst amt others who enjoy the outdoor natural habitat type of reoreat►uw that will be provided by such a Greenbelt Corridor, SECTION IV, That this Resolution shall be in effect immediately upon i:s passage. PASSED AND APPROVED this the day of , 198:. RICIIARD ~i"Y6T CITY OF DENTON, TEXAS ATTESTI CHARLOTTE ALLEN, CITY SECRETAR7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYI . r PAGE TWO CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATHi September 20, 1983 SUBJECTi Receive a report on the status of the Mobile Home Ordinance, SUMMARY: At this time a proposed amendment to the Mobile Home Park Ordinance is being prepared for considera- tion by the planning and Zoning Commission, Status of the proposal will be submitted, Significant revisions are proposed in the following areas; 1~ Standard requirements 2 Access and traffic circulation standards 3 Water distribution system 4~ Fire safety standards ACTION REQUIRED; Receive the report ALTERNATIVE; Receive the report RECOMMENDATION; Receive the report EXHIBIT: None c arses Watkins Senior planner September 20, 1Q83 CITY COUNCIL AGENDA ITEM SUBJECT i Consider Option Purchase Agreement with P&B Contractors on Diesel Plant Sale. SUMMARY The option purchase agreement with P & B Contractors expired September 1, 1983. This agreement has a rider that gives P & B the right of first refusal for a six (6) month period beginning September 1, 1983. i The diesel eneratton business has been in a slump for the past two (2 years due to cost of money along with reduced growth and semi-stabilization of energy prices. The original prospective purchasers are involved in a court case which makes their purchase of the engines uncertain. However, P & B has another very active prospect who wishes to thoroughly inspect the units within the next 45 days including running, oil tests and cylinder inspection. P & B desires to extend their option, but have stated repeatedly that it would be economically unfeasible to remove the units and store them. The preferable method is to have the foundation and buildings ready to receive the units so they can be reassembled immediately. In our most recent conversation, P & B has also stated that in order to install the units at any new location, it may be necessary to be involved in air pollution studies (PSU and EPA). In summary, P & B has good fn to sell two of the units but not the other 3. In any event, it appears that it will be 6 to 9 months before the units could be removed if sale of all units were consumated in the near future. P & B is proposing a renewal option agreement with the following terms; 1. A 60 days extension which would also negate the subsequent right of first refusal for six (6) months. 2. P & B would pay $10,000, which would be applied toward the purchase price of any engine generator sale consumated during the extension period. FISCAL SUMMARY; It is expected that the contractor will urchase the two (2) Fairbanks-Morse units for the price of 140,000, 2434U/5 ACTION REQUIRED Reject or approve the extension terms, RECOMMENDATION 3 The Public Utilities board, at their meeting of September 13, 1983, recommended to the City Council that the option with P&B Contractors be extended under the conditions outlined, Respectfully, , R, E. Nelson Director of Utilities EXHIBIT I P & B Original Uption Agreement-3/1/83 II P & B Renewal Option Agreement 2434U/6 3X W"T 17N Sim, - I . P08T 0m a 40x TVAM40NI 1913! 0gp•3b71 QOOVAWO KANSAS frm-0030 AQR19M,9KT (OPTION TO PURCHASE PERSONAS. PROPERTY) AGREEMENT, made and entered into this, t,_day of MARCH $ 1983, by and between the CITY OF DENTON, TEEZ hereina t'teer terra to As the "City" and P AND B CONTRACTORS, INC,, a Kansas Corporation, here- inafter referred to as the "Contractor", witnessethi W13ER$AS, the City owns and operates a municipal electrical Son- oration system, and WHEREAS, the City has determined that five engine-generators are not necessary to said generation system and ought to be sold, and WHETLWo the Contractor desires the opportunity to purchase one or more of said engine-genarators, now thereforel In consideration of the sum of Five Thousand and 00/100 Dollars ($5,000 00) cash in hand paid, rao&ipt of which is hereby acknowledged, • I/we hereby bargain, sell, grant, and give unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUS M option and right to purchase, for a period of six (6) calen- dar months from the data hereof, upon the terms and conditions set out hersinbelow, the following-described personal. property located in the City of Denton, Denton County, State of Texas, to-wits 1--Fairbanks-Morse Model 31AD18 engine, serial number 955148 and its attached generator, serial number 597649, A purchase price of Seventy Thousand and 00/100 Dollars ($709000-00) has been established for this combined unit, as is, where is, 1--Fairbanks-Morse Model 31ADIS engine, serial number 967806, and its attached generator, serial number 599467, A purchase price of Seventy Thousand and 00/100 Dollars ($70,000.00) has been established for this combined unit, as is, where is, l--Nordbarg Model TSG engine, serial number 2012-0014A and its attached generator, serial number 1458. A purchase price of Fifty Thousand and 00/100 Dollars ($50,000.00) has been established for this combined unit, as is, where is. 1--Nordberg Model TSG engine, serial number 2012-0014B and its attached generator, serial number 1457. A purchase price of P-H ENGINE SALES AND INSTALLATION POWER PLANT EQUIPMENT PIELO SERVICE TECHNICIANS , •f HST. WNT 17TH M11at' -I•+ pW OFmClf Nox 30 P&B TVJMO* 013) 3iip4M 000%AN0o KANSAS 87796-0030 Page 2--Denton, Texas Fifty Thousand and 00/100 Dollars ($50,000.00) has been established for this combined wait, as it, where is, 1--Mordberg engine, serial number 2012-0491 and its attached generator, serial number 152642. A purchase price of Si4a y Thousand and 00/100 Dollars ($80,000.00) has been established for this unit, as is, where is. The purahasR shall include all valves, accessories, piping, fittings, special tools, spare parts, operating manuals, parts books, blueprints, schematic drawings, diagrams, gauges, gauge boards and switch gear, or any items, wherever stored or housed, now owned or controlled by the City of Denton, Taxes, whether specifically called out or named or not, pertainlz$ to the above engine-ganerators and/or necessary to maintain them as Individual operable units. Excepting thati (a) When any system is shared in common by more than one (1) generating unit; specifically, Lut not limited to the starting air system; the common equipment or accessories shall be divided as equally as possible among the shared engine-generators; (b) That if a purchase agreement for any engine-generator is entered into under the terms of this option, an amount equal to one-fifth (115) of the option amount shall be subtracted from the purchase price of each engine purchased. (c) That if the Contractor stall exercise his right of purchase of all five before-described engine-generators, the bridge crane presently installed in the building housing theme units shall be included in the sale as an accessory item. It being specifically understood that if the Contractor shall exercise his right of purchase for fewer than the described five engines, no part or portion of the bridge crane shall be included in the purchase, excepting that any portion of electrical gear shared in common by the bridge crane and the engine-generators purchased shall be considered as part of the engine-generators. The purchase of less than five engine-generator units shall not preclude the right of the City and the Contractor to negotiate the sale of said bridge crane under a separate agreement, ENGINE SALES, AND INSTALLATION POWER PLANT EOUIPMENT PW SERVICE TECHNICIANS aVU4 I i 330 WWt MW SINNI P=T OMM BOX 30 P&B f9131 !pP 9!7 t QOOOIANn, KANSAS V736.0030 page 3-Dwton, Texas A11 engines shall be sold at the purchaser's risk on an as is, where is basis, The City makes no warranty or guarantee, expressed or implied, on any of the above-described engine-generators, All payments between the Contractor and the City of Denton shall be made in lawful and legal tender of the United States of America, Twenty percent (20X) of the purchase price of any engine-genorittor purchased under the terms of this agreement shall become due and payable when removal operations begin. The balance of the purchase price shall become duo and payable before the engine-generator is removed from the premises of the Denton Power Plant, , This option may be axerciAad only by the Contractor by full performance of each and all of the followings (1) The Contractor shall notify the City that the Contractor is ready, willing and able to commence removal operations, (2) The Contractor shall deliver to the City an amount equal to twenty percent (20%) of the purchase price of the engine-generator in cash or cartif'led funds, (3) The Contractor shall execute and deliver his promissory note in an amount equal to the balance of the agreed purchase price, payable on demand without interest. (4) The Contractor shall deliver insurance certificates covering the performance of the work of removal of said engine- generator in an amount of One Hundred Thousand Dollars ($100,000,00) Should the Contractor fail to exercise his right of purchase under the terms of this option agreement, the City may, at its discretion, offer thla Contractor the opportunity to renew the option upon mutually agreaable terms, Recognizing the City's right to accept or decline a renewal of this option, both the City and the Contractor mutually agree that P and B Contractors, Inc. shall be guaranteed the right of first refusal to meet and match any option or purchase agree- ment offered to any other party or parties for a period of six (6) calendar months past the expiration date of this option agreement, E1401NE SALES AND INSTALLATION POWEM PLANT EQUIPMENT IIMLD SEMICE TECHNICIANS H ' 330 WWST 17 m $TMI .I-. Kw OFRICB sox 30 P&B TMJPM0M 313) IWW GOOOLAW, KAWM M3115-0034 Page A-•--Dauton 9 Taxes This agreement shall inure to and be binding upon that parties hereto, their respective heirs, axocutors, ad=inistrators, succatssors, and assigns, WXTN the hands and seals of that City and the Contractor this L"T day of i► .i , 1983 P AND B CONTRACTORS, IN0 CITY OF DENTON, Bob D. Pinkham ATTESTr (Title or po t on 'of signer) 17 ATTESTS (SEAL) (SEAL) ENOINE SALES AND INSTALLATION POWER PLANT 90UPWNT M.0 SERVICE TECHNICIANS J 33o wtSY irrH sma, POST OFFICE 90X 30 IP&B TEL8F4i0AM 19131 $*W1 CWItAACtORS GIMIDLANp, KANSAS 6?X40X AGREEMENT (RENEWAL OF OPTION TO PURCHASE PERSONAL PROPERTY) AGREEMENT, made and entered into this day of , 1983s by and between the CITY OF DENTON, TEXAS, hereinafter referred to as the "City" and P AND 8 CONTRACTORS, INC., a Kansas corporation, here- inafter referred to as the "Contractor", witnessetht WHEREAS, the City and the Contractor have entered into an agreement dated March 1, 1983 providing for an option to purchase certain personal property, to-wit: Five dual fuel engine-generators as described in the agreement dated March 1, 1983. I%WREAS, the term of the original agreement is due to expire, and the Contractor wishes to extend the agreement, now therefore; In consideration of the sum of Ten Thousand and 00/100 Dollars ($10,000.00) cash in hand paid, receipt of which is hereby acknowledged, I/we hereby bargain, sell, grant and give unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUSIVE option and right to purchase, for an additional period of two calendar months from the date hereof, upon the terms and conditions as set forth in the original agreement dated March 1, 1983, as herein modified. WITNESSETH, that the Contractor under the terms of this agree- ment, relinquishes all right and privilege to exercise his right of first refusal to meet and match any option or purchase agreement offered to any other party or parties for a period of six (b) months past the expiration date of the option agreement as set forth in the agreement dated March 1, 1983, and; That if a purchase agreement for any or all of the engine- generator units, as described, is entered into under the terms of this agreement; then the amount of monies extended under the agreement dated March 1, 1983 shall be applied towari the purchase price of the units as set forth in that agreement; but the amount of monies extended under this renewal agreement dated this day of 1983 shall not be pro-rated among tlie units, but shall be applied against the purclase price of any or all of said units, individually or collectively. ENGINE SALES AND INSTALLATION POWER PLANT tOUIPMENI FIELD SERVICE TECHNICIANS 330 N#ST 17KH SST POST OFME NOX 30 P&B TILEPHOf~ 013) WWI 0000LAND, KANSAS Sfl36d000 PIC. ;7 page 2 of 2 This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns. WITNESS the hands and seals of ttie City and the Contractor this day of , 1983. P AND B CONTRACTORS, INC. CITY OF DENTON$ TEXAS Bob D, Pinkham Attest; (Title or position of signer) Attest: i (SEAL) (SEAL) ENGINE SALES AND INSTALLATION POWER PLANT EQUIPMENT fIELD SERVICE TECHNICIANS MINUTES PUBLIC UTILITIES BOARD September 13, 1983 Members Present: Chairman, Roland Laney, Edward Coomes, Marvin Loveless, Leonard Herring, Nancy Boyd. Chris Hartung, Bob Nelson Staff: E, Tullos, Dave Ham, Charles Cryan, Joe La Beau Others: Jon Weist, Denton Record Chronicle 1. INTRODUCTION OF NEW BOARD MEMBER MS. NANCY BOYD: Chairman Laney introduced s, oy to e oar an the Board expressed its welcome. No further action was required on this item. 1. PRESENTATION OF RESOLUTION OF APPRECIATION TO CHARLES CRYAN: Coomes made a motion that the Board present a EU'soTution of Appreciation for service rendetid by former Board member Charles Cryan. Motion was second by Loveless, five ayes, no nayes, motion carried, The Board then presented to Cryan a Resolution of Appreciation. 3 & 4. CONSIDER MINUTES OF AUGUST 16, 1983, PUBLIC UTILITIES BOARD CON61ULK M T'5 A U UT LITI-ES BOARD MEETING: oomes made the motion t at t e Fi ns be accepted as written. Second by Boyd, five ayes, no nayes, motion carried, 5. CONSIDER ABANDONMENT OF EASEMENT IN THE OAK HILL ADDITION FOR RUSSELL TRAPP: After a brief discussion among t e oar , Loveless motioned that the Board recommend the City Council approve the abandonment of the subject easement. Second by Coo.es, five ayes, no nayes, motion carried. 6. CONSIDER OPTION PURCMSE AGREEMENT WITH P&B CONTRACTORS ON DIESEL PLANT SALE: Nelson & ul os r e ed the Board on this item out in ng the terms of the proposed Option Extension. Nelson advised the Board that the Staff recommended that the option be extended. Loveless made a motion that the Board recommend subject extention, second by Coomes, °ive ayes, no nayes, motion carried. 2435U/1 CITY OF DENTON M E M 0 R A N D U M DATE OF MEETING: September 20, 198 _ CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA) Consider an Amendment to the HDR Contraot SUMMARY: Wa are continuing to permit the Landfill, At your last meeting, you approved the Rone contract to have the field wore done for the wall design. This amendment is to HDR's contract to have the final engineering done for the project, FISCAL SUMMARY: HDR is estimating total cost for the wall design, as well as finishing out the permitting process for a total not to exceed $13,000,00, ACTION REQUIRED: Council should approve the contract with Henningson, Durham and Richardson. ALTERNATIVESi Not applicable STAFF RECOMMENDATIONS: Staff recommends approval of the contract with HDR. EXHIBITS: 1. Memo to G. Chris Hartung II, Letter from Bill Hindman R Sve a CITY of DEtNTAN, rJrXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELF_PHONE (817) 566.8200 M E M O R A N D U M TOi G. Chris Hartung, City M~nagsr FROMt Rick Svehla, Assistant City Manager DATES September 14, 1983 SUBJECTi Consider the Amendment to the HOR Contract for Design of the Proposed Landfill Attached is a letter from Bill Hindman indicating that additional charges for design of the slurry wall will be an $130000.00. Bill has indicated to us that this will be the ceiling figure and will include making any further revisions to the permit, as well as attending any of the meetings and hearings in the permitting procedure. Staff has reviewed the proposal, the costs seem reasonable and we recommend that the Council approve it. If you or the Council have any further questions, we will be happy to answer them. Rick eve a DEPARTMENT OF PUBLIC WORKS September 13, 1983 Mr, Rick Svehla Assistant City Manager City of Denton, Texas Municipal Building Denton, Texas 16201 Re; Mayhill Road Sanitary Landfill Permit Application Dear Mr, Svehla; As we discussed on September 12, 1983s attached is a revised proposal for engineering services to replace the proposal submitted to you on August 19, 1983, We hope that this proposal will clarify some of the questions that we discussed, It is our understanding that you have previously authorized a total fee for the landfill permitting wort; of $35,000, The Texas Department of Health has stipulated that a complete slurry wall design be included in the landfill permit application, It is our understanding that Rone Engineers has been authorized to complete a'portion of that work effort and we will incorporate their design parameters into our design plans and specifications. Enclosed for your review is the revised proposal for our engineering services to provide design ~ffo1,ts for the slurry wall to meet the requirements of the Texas Department of Health. Thank you for the opportunity to continue work on this project, If you have any questions, please call me or Risa Fisher at 214-980-0001, Very truly yours, •HDR TECHSERY, INC. Aiere^c-,e William R, Hindman, P,E, AtB-,tr Assistant Vice President A.r6Ur. , C"+a^LCt e C', ca;: WRH/mtp ~a aE Enclosure "•CL .6t^" !v 'vte a. Cf M1:C' C't G^^e"e p' tee- x . c8^tB Via.. C,a,a PROPOSAL TO THE CITY OF DEVON 1. Background and Introduction HOR Techserv has prepared a seconJ Draft Application for a Permit to Operate a Municipal Solid Waste Site and submitted it to the Texas Department of Health (TDH), TDH has informed us that no permit will be issued until an approved complete soil-bentonite slurry cutoff wall design has been submitted to TDH. Accordingly, Rone Engineers has prepared a Scope of Services and fee projection for conducting a geotechnical investigation and establishing appropriate design parameters for the wall and for lining, where required, HDR will be responsible for the actual slurry wall design and incorporation of that design into the application, This proposal includes a scope of services and fee estimate to meet the additional requirements of the Texas Department of Health, 11, Scope of Services Tasi: 100 - Prepare Slurry Wall Design ,Specifications Using the design criteria for the slurry wall developed by Rone Engineers, develop specifications for the design of a soil-bentonite slurry wall which meet the requirements of TDH as outlined in technical guidelines for slurry wall design. Task 200 - Prepare Slurry Wall Design Plans Prepare the necessary slurry wall design plans including a layout of the wall in plan view, a typical cross sectional detail, a typical longitudinal cross section, and other drawings as necessary to depict the slurry wall design location and installation, Task 300 - Update and Submit Application Incorporate the slurry wall design into the second draft application requested by TDH. Resubmit the application to TDH for the final review and approval. III, Fee estimate and Invoicin lq nformation As outlined in our previous scope, we propose to be paid at the rate of actual salary cost of personnel times a multiplier of two and one half (2,S), w4th reimbursements for all direct non-labor and subcontract expenses at invoice cost plus twenty percent (20%). The estimated fee of $13,000 will not be exceeded without additional approval by the City. i Partial payment for the above services shall be made monthly in proportion to that part of the services which has been accomplished, as evidenced by monthly statements submitted by us for your approval, rinal payment shall be due upon completion of the above described services, Any payment not made within thirty ($0) days on statements rendered in accordance with the above provisions shall be Subject to a charge for interest at the rate of ten percent (1011) per annum, beginning thirty (30) days from the date of the statement, We are submitting this proposal in six (6) copies, If it meets with your approval, please sign all copies, retain three (3) copies for your files and return three (3) copies to this office, s Respectfully submitted, HOR TECHSERV, INC, William R, Hindman, P,E, Assistant Vice President Approved; hey City of enton, Tex By , li Attest; I CfTY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 i TELEPHONE (817) 566.8200 M R M 0 R A N A U M TOi G. Chris Hartung, City Manager FROMt Rick Svehla► Assistant City Manager DATE] September 14, 1983 SUBJECTI Considering awarding a contract for Worker's Compensation Insurance John Maxwell, Mr, Stubbs from Rimco, and I will be meeting Friday to discuss the bids, After that diSrUSSion and review is complete, we will be making a recommendation to you and the Council for the September 20 meeting. Since that is past the deadline, we will be hand delivering this information to the Council at the beginning of the week. 4R4kv:eh`1d DEPARTMENT OF PUBLIC WORKS CITY Or DENTON M. E M O R A N D U M DATE OF MEETINGt Se tember 2U, 198 CITY COUNCIL AGENDA M (USE EXACT WORDINQ A ITEM IS TO BE PLACED ON AGENDA) Final payment for the Windsor Drive Paging and Drainage Improvements. Bid 0058 SUMMARYs The project was completes on September 9, 1983. All 100 working days were used, Total payment was $395,950,18. Partial payment due for final payment is $138,262,10. Savings on the project amounted to approximately 2,3% which is fairly significant on a project of this size, All improvements were completed according to design, FISCAL SUMMARi't Total payment of $395,950,18. Final payment is $138,262.10, which gave a 2.3$ cost savings. ACTION REQUIREDs Council should approve the final payment. ALTERNATIVESs Not Applicable. STAFF RECOMMENDA'T'ION s Staff recommends approval of the final payment. EXHIBITSs I. Final payment on Windsor Drive II. Memo to Rick Svehla C J0_ kL_ Jerry a , P.E. Senior i Engineer FINAL, PAYMENT - WINDSOR DRIVE Did (19058 Paving & Drainage Improvements P.O. 056099 'August 1 - August 31, 1983 Work Days Allotted - 100 Work Days Used 100 Bid Work Unit Item Description Unit Quantity Done Price Amount 100 Prepare R-O-W L.S. L,S, 100% 16,300,00 160300.00 104-C Remove Concrete Side Wa1K 6 Drive S,Y, 55 46.5 4.50 209.25 110 Unclas, Excavation C,Y, 100200 9857,1 1,35 13,307.09 132 Comp. Fill C.Y, 1,900 2364 1.00 21364,00 260 6" Lime Subgrade Sly. 24,100 10,540 1015 12,121.00 264 Type "A" Lime 'Pons 220 120 72,00 8x640.00 *390A Type "G" (4 1/211) S.Y. 21,200 20,661 6.87 141,941.07 *340-A1 'hype "D" (1 1./211) S.Y. 21,200 20,661 2,38 49,173.18 *340-C Type "D" Patcn Tons 15 29 50.00 10450.00 421 Class 11 Concrete C.Y. 2.1 2.1 275,00 577.50 *432 Class B Concrete Rip Rap S.Y. 380 518 18.90 9,790.20 440 Reinforc.e,d Steel LB. 175 175 .90 157.50 465-A i8" RCP L.F. 890 800 2...76 18,208.00 465-A1 18" Safe:Fnds Ea. 1 1 250.00 250.00 465-B 21" RCP L.F. 290 286 27.76 71939.36 465-C 24" RCP L.F. 220 182 29.26 5,325.32 465-C1 24" Safe Enos Ea. 2 2 300.00 600,00 465-D 36" RCP L.F. 220 215 43.26 91300.90 470-A Manhole with Laver Ea. 1 1 11100.00 11100.00 470-B Junction Box u' x 4' Ea. 1 1 1,200.00 1,200.00 470-C Box Culvert 6' x 1' L.F. 66 66 145.G0 91570.00 Sid Work Unit Item Description Unit Quantity, Done Price Amount 470-D 4' Curb Inlet Ea, 2 2 11110,00 21200,00 470-E 6' Curb Inlet Ea, 5 5 10200,00 61000,00 470-F 8' Curb Inlet Ea, 2 2 1,300,00 2,600.00 470-G 6' Type 2 Curb inlets La. 1 1 '1,200.00 2,200,00 471 Frame Inlet & Cover Ea, 10 10 50,00 500,00 *479 Adjust Existing Manhole Ea. 3 1 150,00 150100 *522 Concrete Curb & Gutter 8,400 8,283 4.60 38,101,80 524-A 6" Concrete Drive S,Y, 225 171,5 24.30 4,167,45 *524-8 4" Con, Sidewalk Sly. 3 3 22,00 66.00 524-C 6" Con, Flatwork S.Y, 80 93,83 24,30 21280.07 560 Metal Guard Rail L,F. 45 - 15100 - 568-A 6' Chain Link Fence L. F', !1290 11280 2.96 3,788.80 568-8 4' Chain Link"Fence L.F, 11320 1,363 2.20 2,998,60 S.P.-2 Saw Cut (Existing Concrete L.F. 20 20 5.00 100.00 *470-S Toad Stool Inlet Ea. 1 1 250.00 250.00 *260-S Triveria Mat S.Y. 12,658 12,658 .70 8,860.60 *260-S2 Subgrade Prep. S.Y. 13,041.5 13,041,5 .85 11,085,28 Extra Work 1 1 11077.21 1,077.21 Total Amount 395,950.18 Less Previous Payments 257,688,08 Amount Due 138,1262,10 *Wo k Done Th's Month ~7agoe hub.lic j Cwt of Denton G1rYat DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 TELEPHONE (817) 566.8200 M E M U R A N 0 U M TOi Rick Svehla, Assistant City Manager 6ROMi Jerry Clarc;, P.E., Senior Civil Engineer DATEi September 14, 1983 SUBJECTi F'ir.al payment for the Windsor Drive Paving and Drainage Improvements, Bid #9058 This project was completed on September 91 1983. All 100 working days were used, Total payment was $395,950.18, Partial payment due for final payment is $138,262.10, Savings on the project amounted to approximately 2.3% which is fairly significant on a project of this size. All improvements were completed according to design. A major savings resulted from using a Triveria subgrade instead of a lime subgrade, as the soil was extremely sandy and the lime would not have been beneficial. We recommend Council approval of this final payment. Jerry ark DEPARTMENT OF PUBLIC WORKS C191Y OF DENTON MEMORANDUM TOt Mayor and Members of the City Council FROMt Charlotte Allen, City Secretary DATEt September 15, 1983 SUBJECT: Back-Up Materials for item 011 The bids for the depository agreement for the City of Denton will be accepted until 10:00 a.m, on Friday, September 16. No written back-up materials are available at this time, 't'hank you, Charlotte Allen ca 1022C/4 T l~ Arcrmun ANDERSIEN CO. SUS'fF~ 43UOo luol 1?4,M STRV'BT D,\i.1.AS JEXAS MOO (e 1,0 7411QUOI September 14, 1983 Mr, C, Chris Hartung City Manager City of Denton 215 E, McKinney Denton, Texas 76201 Dear Mr, Hartungs This will set forth our arrangement for providing assistance to the Finance Department due to the resignation of the Assistant Finance Director, The individual who will provide the assistance is one of our staff accountants, dike Dingeldein, Mike will perform any of the respon- sibilities which would otherwise be handled by the Assistant Finnnco Director, and he will periodically report to you on the results of his work. His primary responsibilities will include the development of pro- cedures for the yearend closing and assistance as needed in this closing, lie will also assist with the August mont'iend closing and other tasks as needed. The period of time during which Mike will be available for assistance will begin September 15 and end no later than November 14, Our billing for this assistance will be made at our regular rates plus out-of-pocket costs. We are happy to be able to assist you during this period of em- ployee turnover. Very truly ,yours, ARTRUR ANDERSEN & CO, "6" Y William B, Dillon pat THIS IS TO CERTIFY that Iho mloophnlographr' appoor{ng •n this PIIM*fllo CITY COUNCIL AGENDA PACKET 09/20/83 and i4onMnM with..........,,...... kndlna with CITY COUNCIL AGENDA PACKET 11 11 are occurah ctnd complete reprefutllons of the records of (Company and Doplo) CITY CITY SECRETARY the nqular loons of ao dellvond In bwotnoss for pt►otographlnp, H le furthor cerllflod that Iho mlcraphatoprophlc procossos worn 4940m11116h4w In a manner and on film which meals with rvqul►omonts of the hfallonol %ureaY of Stondcrris fay parn►anon! mlcrophol"rap:►ic copy ~,.t4lsta.•J34oo, Coma~,Y.•., PLtCta IW*mj T lCMMOL00Y AY (49j+K Cr.w* 0*a~ ..6_(1 Ma tc 'A1k, kW ....SLISA,., Arlington, Texas 76010