HomeMy WebLinkAboutMarch 4, 2008 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
March 4, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, March 4, 2008 at 4:30 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
consi ere
1. Requests for clarification of agenda items listed on the agenda for March 4, 2008.
2. Receive a report, hold a discussion, and give staff direction regarding aTrap-Neuter-
Release Ordinance for the management of the feral cat population in the City of Denton.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney Under Texas Government Code Section 551.071.
1. Consult with the City's attorneys to discuss legal issues associated with
city's biodiesel production.
2. Consider and discuss litigation styled Tower v. City of Denton, Civil
Action No. 4:05cv302, currently pending in the U.S. District Court,
Eastern District, Sherman Division.
3. Discuss and consider strategy, status, and possible settlement of litigation
with the City's attorneys regarding Atmos Energy, GUD Docket No.
9762. A public discussion of these legal matters would conflict with the
duty of the city's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Deliberations regarding consultation with the City Attorney -Under Texas
Government Code Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding extending the term of the Agreement with Aldi (Texas) L.L.C.
from five years to seven years, or to reimburse Aldi for the design and
construction costs of Westcourt Road, whichever is less. This discussion
shall include commercial and financial information the City Council has
City of Denton City Council Agenda
March 4, 2008
Page 2
received from Aldi (Texas) L.L.C., which the City Council seeks to have
locate, stay, or expand in or near the territory of the city, and with which
the Clty COUnCII is conducting economic development negotiations;
including the offer of financial or other incentives.
C. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending and potential litigation filed by JNC Denton Partners,
LLC, associated with annexation of real property in the City's northern
ETJ, under annexation case no. A05-0002, along with other legal issues
related to the annexation, including zoning, land use and subdivision
controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utility service, and legal issues
implicated by alternative proposals advanced by individuals owning
property within the proposed annexation area. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas or would jeopardize the City's legal
position in any administrative proceedings or potential litigation.
2. Consider and discuss litigation styled City of Denton v. Reichmann
Petroleum Corp., Cause No. 2006-40169-362, currently pending in the
362nd District Court of Denton County, Texas and related bankruptcy case.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, March 4, 2008 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
City of Denton City Council Agenda
March 4, 2008
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. 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.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - T). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - T below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas, endorsing the Denton County Transportation Authority application to the
Regional Transportation Council for a Regional Toll Revenue Funding Initiative
(RTRFI) Grant to facilitate implementation of regional rail service from Denton,
Texas to Carrollton, Texas with a connection to the Dallas central business
district, and providing an effective date. The Mobility Committee recommends
approval (2-0).
B. Consider adoption of an ordinance of the City of Denton, Texas, granting the
Denton Festival Foundation, pursuant to Section 20-1(d)(3)b.6 of the Code of
Ordinances of the City of Denton, Texas, an exception to the limitations imposed
by that section with respect to hours of operation of an amplified loudspeaker
system; and setting an effective date.
C. Consider approval of a resolution by the City Council of the City of Denton
relating to the issuance of bonds by North Texas Higher Education Authority,
Inc., approving the issuance of such bonds and the use of the proceeds of such
bonds; and making certain findings in connection therewith.
D. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a second amended contract for
professional legal services with Wolfe, Tidwell & McCoy for professional legal
services relating to litigation styled Tower v. City of Denton, Civil Action No.
4:OScv302 pending in the U.S. District Court, Eastern District, Sherman Division;
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Agenda
March 4, 2008
Page 4
E. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the unreserved fund balance of the General
Fund with Certificates of Obligation with an aggregate maximum principal
amount equal to $500,000 so that the Facilities Department can begin the
renovation of space at the City of Denton Police Department.
F. Consider adoption of an ordinance accepting competitive bids and awarding a
two-year contract for the mowing of two cemeteries for the City of Denton Parks
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3975-Two-Year Contract for Mowing of Cemeteries awarded
to the lowest responsible bidder in the annual estimated amount of $66,020 for a
two year award amount of $132,040).
G. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Houston-
Galveston Area Council (H-GAC), Buy Board Cooperative Purchasing Network,
and the State of Texas Building and Procurement Commission Department of
Information Resources (DIR) under #DIR-SDD-531; for the acquisition of five
radars, ten mobile data computers, and twenty one light bars for the City of
Denton Police, Fire and Public Works Departments by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3990-
Interlocal Agreement for the purchase of Miscellaneous Equipment for Police,
Fire, and Public Works Vehicles awarded to multiple vendors as listed on Exhibit
A in the amount of $111,406.56).
H. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase often Mobil
Vision In-Car Digital Recording Systems for the city of Denton Police
Department, which are available from only one source in accordance with the
pertinent provisions of Chapter 252 of the Texas Local Government Code
exempting such purchases from the requirements of competitive bidding; and
providing an effective date (File 3989-to L-3 Communications Mobile Vision,
Inc. in the amount of $54,700).
I. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of four
additional software modules for the CrewManager software program currently
utilized by Denton Municipal Electric, which are available from only one source
in accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 3980 to Unique
Business Systems in the amount of $222,717). The Public Utilities Board
recommends approval (5-0).
J. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of primary and secondary insulated electric distribution
cables for Denton Municipal Electric; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3941-Single Purchase of Insulated
City of Denton City Council Agenda
March 4, 2008
Page 5
Electric Distribution Cable awarded to the lowest responsible bidder meeting
specification, Techline, Inc., in the estimated amount of $2,087,679). The Public
Utilities Board recommends approval (5-0).
K. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager or his designee to approve an Encroachment
Agreement between the City of Denton and SFT Industrial, L.P. to allow the
installation of two stainless steel ethanol transfer lines and electric conduit and
service lines and related appurtenances within an existing City of Denton Public
Access and Firelane and Utility Easement; said tract being described as a 43
square foot tract of land situated in the 0. S. Brewster Survey Abstract No. 56, being part of Lot 1B, Block 1 of Granite Point Addition, Phase 1, an Addition to
the City of Denton, Denton County, Texas, according to the Plat thereof recorded
in Cabinet VV, Slide 753-757, Plat Records, Denton County, Texas, and providing
an effective date. The Public Utilities Board recommends approval (5-0).
L. Consider adoption of an Ordinance of the City of Denton, Texas amending the
provisions of Chapter 6 by amending Section 6-2 definitions to add definitions
related to feral cats; by adding Article III regulating feral cat colonies; providing
for a severability clause; providing for a savings clause; providing for a penalty
not to exceed $500 for violations of this ordinance; and providing for an effective
date.
M. Consider the approval of a resolution of the City Council of the City of Denton,
Texas supporting the University of North Texas in the creation of a four-year
comprehensive aviation sciences program at the Denton, Texas campus, and
providing an effective date. The Mobility Committee recommends approval (2-0).
N. Consider approval of a resolution reviewing and adopting revisions to the
Investment Policy for funds for the City of Denton; and providing an effective
date. The Investment Committee recommends approval (5-0).
0. Consider approval of a resolution of the City Council of the City of Denton
amending the City's designated authorized representatives in the Texas Local
Government Investment Pool ("Texpool"); and providing an effective date. The
Investment Committee recommends approval (5-0).
P. Consider adoption of an ordinance approving an employment agreement between
the City of Denton and Robin A. Ramsay reappointing him as the Presiding Judge
of the City of Denton Municipal Court; authorizing the expenditure of funds; and providing an effective date. The Council Appointee Performance Review
Committee recommends approval (3-0).
Q. Consider adoption of an ordinance approving a salary increase for Steve Shepherd
under the performance review provision of his employment agreement with the
city; authorizing the expenditures of funds; and providing an effective date. The
Council Appointee Performance Review Committee recommends approval (3-0).
City of Denton City Council Agenda
March 4, 2008
Page 6
R. Consider adoption of an ordinance approving a salary increase for George C.
Campbell under the performance review provision of his employment agreement
with the City; authorizing the expenditures of funds; and providing an effective
date. The Council Appointee Performance Review Committee recommends
approval (3-0).
S. Consider approval of the minutes of:
February 4, 2008
February 5, 2008
February 12, 2008
February 18, 2008
February 19, 2008
T. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a third amended contract for
professional legal services with Kelsey, Kelsey, Collister & Hickey for
professional legal services relating to litigation styled City of Denton v.
Reichmann Petroleum Corp., Cause No. 2006-40169-362, currently pending in
the 362nd District Court of Denton County, Texas; authorizing the expenditure of
funds therefor; and providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding changing
the street name of Pearl Street to McKinney Street between Bolivar Street and
Carroll Boulevard. (5107-0003, Pearl Street Name Change) The Planning and
Zoning Commission recommends approval (6-0).
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding designating the property located at 122 North Locust
Street as a historic landmark under section 35.7.6 of the Denton Development
Code; providing for a penalty in the maximum amount of $2000 for violations
thereof; and providing for an effective date. The Historic Landmark Commission
recommends approval (7-0). The Planning and Zoning Commission recommends
approval (6-0).
C. Hold a public hearing and consider approval of a resolution of the City of Denton,
Texas, determining the current rates of the Atmos Energy Corporation, Mid-Tex
Division to be unjust and unreasonable; providing for a reasonable notice and
hearing; finding that the meeting complied with the open meetings act; and
declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the of City of Denton, Texas, approving a
settlement agreement between Atmos Energy Corporation, Mid-Tex Division
and Atmos Texas Municipalities; declaring existing rates to be unreasonable;
adopting rate adjustments consistent with the Settlement Agreement; finding the
City of Denton City Council Agenda
March 4, 2008
Page 7
rates to be set by the attached tariffs to be just and reasonable; finding that the
meeting complied with the open meetings act; requiring delivery of this
Resolution to the company and legal counsel; and declaring an effective date.
B. Consider adoption of an ordinance of the City of Denton authorizing the Mayor
to execute a Second Amendment with Aldi (Texas) L.L.C., which was first
amended by the City Council on January 8, 2008 by Ordinance 2008-006, to
extend the term of the Agreement from five years to seven years, or to reimburse
Aldi for the design and construction costs of Westcourt Road, whichever is less;
providing for a severability clause; and providing an effective date. The
Economic Development Partnership Board recommends approval (6-0).
C. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
D. City Manager's Report
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
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 day of , 2008 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
DATE: March 4, 2008
DEPARTMENT: Police
ACM: Fred Greene
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding aTrap-Neuter-Release
Ordinance for the management of the feral cat population in the City of Denton.
BACKGROUND
Feral cats can be found in every community. Feral cats are essentially domestic cats (or their
subsequent offspring) that have been lost or abandoned. These cats typically band together in
groups called colonies. With little to no contact with humans, these cats revert to their "wild"
nature and fend for themselves. Truly feral cats are untrusting of humans and cannot be picked
up or easily handled. If left unchecked, the unsterilized cats in these colonies will reproduce and
the number of feral cats will expand significantly. Traditional animal control methods involve
placing live traps in the area of a colony and trapping individual cats. Once trapped, these cats
are taken to a local animal shelter and kept for the mandatory holding period. Because of their
feral nature, they are not considered adoptable and the vast majority are eventually euthanized.
This process is somewhat costly to the local entity, as they bear the full cost of the manpower
and resources required to trap, hold, feed, and euthanize the animals. Further, this method is not
effective in addressing the problem. It is difficult to provide enough manpower and resources to
trap enough cats in the various colonies to offset the reproduction cycle of the remaining feral
cats. This is further complicated by the number of cats being abandoned by irresponsible owners.
In response to the ineffectiveness of the traditional animal control approach, a number of
communities have begun adopting some form of aTrap-Neuter-Release (TNR) program. These
programs have been in existence with private groups and individuals for many years, and have
shown to be very effective. In essence, the TNR program offers a cooperative, humane approach
for controlling cat overpopulation in a community. TNR begins with identifying community
organization and individuals who are willing to volunteer their time and resources to manage
individual feral cat colonies. These groups or individuals trap the cats within their colony and
transport them to a veterinarian. The veterinarian examines, sterilizes, vaccinates, and "eartips"
the cat. "Eartipping" involves the veterinarian removing a quarter inch of the top of the cat's left
ear, which denotes that the feral cat has been vaccinated and sterilized. Some cities also require
that the cats be micro chipped for identification purposes. Following the veterinarian treatment,
the cat is released back to the colony. Research has shown that once these cats are sterilized, they
will essentially live out their life in this colony with little trouble to the surrounding community.
After sterilization, these cats do not continue the typical mating behaviors that often are the focus
Agenda Information Sheet
March 4, 2008
Page 2
of neighborhood or community complaints. With the appropriate veterinarian care, these cats no
longer risk the spread of rabies. The volunteers provide food, water, and shelter (if appropriate)
for their colony, and they routinely monitor the colony to look for signs of sick or injured cats.
Through this approach, the local entity can adequately address the cat overpopulation problem
with the need to expend tremendous amounts of manpower and resources. The TNR program
will help reduce the number of cats being held and euthanized in the shelter.
Denton Application
The proposed ordinance has been taken from portions of ordinances adopted (or being
considered) in Ft. Worth, San Antonio, and Cook County, IL. Construction of this ordinance also
involved consultation with the UNT Feral Cat Rescue Group. Under this ordinance, the City
would authorize the existence of feral cat colonies. Individual volunteers who wish to be the
caretaker of a specific colony must comply with a number of requirements, including registration
of the colony, providing appropriate medical treatment for the animals, and completing a
mandatory annual education course. To help manage this program, the ordinance establishes a
three member oversight committee to advise the Animal Services Supervisor on the TNR
program. This committee will comprise two members with knowledge of TNR and feral cat
issues. The third member will be a local veterinarian. This committee will develop the education
course material and assist with addressing any complaints or problems involving cat colonies or
caretakers.
This TNR program would also require that cats trapped in the colonies be micro chipped for
identification. The Animal Shelter currently provides micro chip services for a minimal fee. This
program can be extended to colony caretakers, and may very well be covered by donations from
outside organizations. The microchips can be implanted at the time of vaccination/sterilization
and would be used to return the cat to the colony. This micro chip can be used to track (and
address) specific cats that are repeatedly trapped. By utilizing micro chips, the shelter can also
limit the need to hold feral cats while trying to determine if they are from a specific colony.
It is important to note that this TNR provision does not relieve the owners of domestic cats from
their responsibilities under other sections of the City ordinances. The intent of TNR is to provide
a humane approach to reducing overpopulation in feral cats. These programs have been
successful in many cities and on a number of college campuses.
PRIOR ACTION/REVIEW
None
Agenda Information Sheet
March 4, 2008
Page 3
FISCAL IMPACT
This ordinance will not have any negative fiscal impact on the City of Denton. It is anticipated
that this ordinance will result in fewer feral cats being held and handled by Animal Services
staff. As a result, Animal Services can redirect staff and resources to other aspects of the shelter
operation. The use of volunteers and donations should offset any costs associated with the
operation of a TNR program.
Respectfully submitted,
Roy W. Minter
Chief of Police
Prepared by:
Lt. Scott Fletcher
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Transportation Operations
ACM: Howard Martin, 349-823
SUBJECT
Consider the adoption of a resolution of the City Council of the City of Denton, Texas, endorsing
the Denton County Transportation Authority application to the Regional Transportation Council
for a Regional Toll Revenue Funding Initiative (RTRFI) grant to facilitate implementation of
regional rail service from Denton, Texas to Carrollton, Texas with a connection to the Dallas
central business district, and providing an effective date. The Mobility Committee Recommends
approval (2-0).
BACKGROUND
In April 2007 the North Central Texas Council of Governments (NCTCOG) announced that $2.5
billion in S.H. 121 toll proceeds would be available to fund transportation projects in Collin,
Dallas, Denton and Tarrant Counties. In the fall of 2007, NCTCOG indicated that $1.56 billion
in RTRFI funds would be available to fund transportation projects in Denton County. As part of
the RTRFI project application process Denton County Transportation Authority (DCTA)
submitted a project to fund the proposed 21-mile regional rail line from Denton to Carrolton
connecting with the Dallas Area Rapid Transit (DART) system. Total project cost, estimated by
DCTA staff, is $312 million ($62 million local/DCTA share) and was submitted to NCTCOG in
August 2007 as part of the application process.
To advance the acquisition of rail cars to meet production timelines for the rail cars, the DCTA
project was divided into two phases by NCTCOG. Phase I is the acquisition of rail cars and
Phase II is construction of the rail line and related facilities such as stations, maintenance
facilities and pedestrian/bicycle trails. On January 24, 2008 the NCTCOG Regional
Transportation Council (RTC) approved funding for the first phase of projects to be funded with
revenues generated by the SH 121 RTRFI. The DCTA Phase I project was included in the
approved project list and was awarded $71.5 million, $57.2 million RTRFI funds and $14.3
million sponsor match from DCTA.
NCTCOG has targeted the April 10, 2008 RTC meeting for final consideration of Phase II
projects to be funded by the RTRFI. The DCTA Phase II project, construction phase, will
indicate a total project cost of $241 million, $193 million in RTRFI funds and $48 million
sponsor match from DCTA. DCTA President John Hedrick requested that DCTA member cities
contributing sales tax to DCTA and the Denton County Commissioners Court to provide a
resolution endorsing the regional rail project. The Commissioners Court, City of Lewisville and
the City of Highland Village have adopted resolutions supporting the project. The resolutions
will be provided to the NCTCOG staff to demonstrate county-wide support for the regional
project.
ESTIMATED SCHEDULE OF PROJECT
The NCTCOG staff has targeted April 10, 2008 for consideration of the final selection of Phase
II, New Projects, of the RTRFI. DCTA indicates rail service to Denton will be implemented by
December 2010.
PRIOR ACTION/REVIEW
The Mobility Committee recommends adoption of the proposed resolution (2-0). The City of
Lewisville and the City of Highland Village adopted similar resolutions supporting the DCTA
project application with NCTCOG. The RTC approved funding of Phase I, acquisition of rail
cars, on January 10, 2010 providing $57 million in RTRFI funding.
FISCAL INFORMATION
Phase II total project cost is currently estimated at $241 million. Phase II of the DCTA
component to fund the construction of the DCTA regional rail line to Carrollton is $193 million
in RTRFI revenues. Sponsor match (DCTA share) is estimated at $47 Million.
EXHIBITS
1. Resolution
2. Mobility Committee Draft Minutes
Respectfully Submitted:
Mark Nelson
Transportation Director
s:lour doc~mentslresolutionsl~Sl~cta rtc rant.do~
EXHIBIT 1
REOL~JTION NO.
A REGLI~TION OF TIC CITE COUNCIL OF TIE CITY OF DENTON, TEA,
ENDORSING THE DENTON CGCTNT TRANSPORTATION A~JTHORIT~Y APPLICATION
TO THE REGIONAL TRANSPORTATION COUNCIL FOR A REGIONAL TOLL
REVENUE FUNDING TNZTIATI~E ~RTRFI~ GRANT TO FACILITATE
IMPLEMENTATION OF REGIONAL RAIL SERVICE FROM DENTON, TEAS TO
CARROLLTON, TEAS KITH A CONNECTION TO THE DALLAS CENTRAL BUSINE
DXSTRICT, AND PROVIDING AN EFFECTIVE DATE.
'AREAS, the Denton County Transportation Authority ~"DCTA"} was created by Act
of the 77~' Session of the Texas Legislature in l ;and
WHEREAS, a Denton County Transportation Authority Interim Executive Committee
vas created and appointed contemporaneously with the effective date of the Act; anal
HE~EA, the Interim Executive Committee, v~th sign~flcant input from the c~t~zens of
Denton County, authored a comprehensive Service Plan to provide public transportation to and
for Denton County citizens; and
WHEREAS, citizens of the City of Denton, Texas, elected to fund DCTA through a sales
and use tax; and
~UHEEAS, the imple.e~.tatian of the service Plan has been timely advanced,
including: a county-amide confirn~atiQn, election for DCTA; selection of locally preferred
alternative for the commuter line; environmental cleaxance for the al~gn~uent and preparation of
initial design plans for the commuter rail line; and
WHEREAS, to enable the Denton County Transportation Authority to meet its
commitment to linl~ with DART in Carrollton, Texas in late 2010, a funding commitment, secure
financial plan and contract approvals for purchase of equipment and materials are nom required
to meet that timeline; and
~VHEREA, the Denton County Transportation Authority regional rail line is an
important component of the 0 Mobility Plan for the North Texas Region to achieve
congestion. mitigation and air quality improvements; and
WHEREAS, DCTA, as . eligible Denton County participant, has submitted ,
application to participate in the Regional Toll Revenue Funding Initiative which vas created to
equitably distribute the concession payment received from the State ~ Highway l ~ 1
Comprehensive Development Agreement; and
WHEREAS, DCTA. has received Regional Transportation Council approval for Phase I
funding of 5~ million to contract far and acquire new railcars v~ith tr~novative technology
allo~rin operation on bath non-electrified regional and electrified light rail trackage and has
submitted an application far Phase II funding, in the RTR.FI "New PrQ~ect" category, to complete
the final engineering and design, right-of-via ac~uisitian, and onstctior~ documents to build
i
s:lanr ~~c~met~tslreso~utiansl~Sl~cta rtc gr~n~do~
the corn~nuter rail dine and necessary facilities to implement regional rail service far Denton
County; ND, ~ THER.EF ARE,
THE C~tTNCIL ~F TFIE CITY DENTIN HEREBY R.EOLVE:
ECTI~N 1. The City of Denton, Texas, does hereby commend the Denton County
Transportation ~►uthority, its Board of Directors, officer, a,ents and eplayees for heir efforts
to build a pubiic transportation system for the benefit of the residents of Denton Coun and have
achieved rerrzr~able progress in making regional rail a reality.
SECTION The City of Denton, Texas, does hereby endorse and recon~.mend far
approval by the Regional Transportation Council the fuming application submitted by the
Denton County Transportation Authority far Regional Toll Revenue Fading Initiative,
inciuding the Phase it component to fund and construct the DCT~ regional rail line to Carrollton
~$19~ ~nii.} as a "New Fro~ect~' submittaX.
. F . i ~ ECT~ON The City of Denton, Teas i hereby dx~eeted to transn~t a copy of this
Drder, subsequent to its eeeutian, to both the Chair of the regional Transportation Council and
the Chairman of the Board of the Denton County Transportation Authority.
SECTION 4, This Resolution shall became effective immediately upon its passage and
approval.
PASSED AND APPRD~ED this the day of _ , ~a~S,
PERRY R. IeNEILL, AYDI~
ATTEST:
TENNIFER SALTERS, CITY SECRETARY
Y.
APPROVED AS T~ LECxAL FORM:
DIN . SNYDER~ CITY ATTDRNBY
BY:
Page 2 ofd
v
EXHIBIT 2
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Tuesday, February 26, 2008
4
5
6 After determining that a quorum of the Mobility Committee of the Denton City Council was
7 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday,
8 February 26, 2008 at 2:02 p.m. in the City Council work session room, 215 E. McKinney Street,
9 Denton, Texas.
to
11 Present: Chair Pete Kamp, Mayor Perry McNeill
12
13 Absent: Council Member Bob Montgomery, excused
14
15 Also Present: George C. Campbell, City Manager
16 Jim Coulter, Director Water Wastewater Utilities
17 Mark Nelson, Transportation Director
18 Frank Payne, City Engineer
19 John Cabrales, Public Information Officer, City of Denton
20 John Polster, ITS
21 Scott Neeley, DCTA
22 Mike Sims and Fletcher Clark, North Central Texas Council of Governments
23 Tommy Brewer and Don Smith, City of Denton Airport Advisory Board
24 John Krumrine, UNT Director Corporate Relations
25 Karen Dickson, VP Economic Development Denton Chamber of Commerce
26
27 2) Receive a quarterly briefing, hold a discussion and provide staff direction regarding the
28 Denton County Transportation Authority.
29
30 Mark Nelson, Transportation Director, called on Scott Neeley to present a quarterly review.
31 Nelson suggested that Chair Kamp combine Items 2 and 3 as there is an action based on some of
32 the discussion on a resolution for support for an application for Regional Toll Revenue Funding
33 Initiative (RTRFI) grant.
34
35 Chair Kamp stated that Item 2 and 3 would be combined and that the action item would become
3 6 Item 3 .
37
38 Neeley's presentation began with a review of the RaiIDCTA stating that the Board would be
39 adopting Local Environmental Determination Procedures for the environmental clearance of the
4o rail program. That when it became evident that the Federal Transit Administration would not
41 review the environmental document, DCTA realized it should establish procedures for that
42 review to take place on a local level. It is anticipated those procedures will be passed in March
43 and staff will move quickly on property acquisitions.
44
45 As part of the RaiIDCTA process, Neeley stated that Citizen Advisory teams will be created as a
46 sounding board for different policies and fares to see how the general public will react; the
47 vehicle RFP will be issued in March; and, an Operations Plan will be presented to the Board in
48 March. Staff will also begin a Branding and Imaging Study in March.
49
50
1 Draft Minutes -City Council Mobility Committee meeting
2 February 26, 2008
3 Page 2 of 3
4
5
6 Neeley next reviewed bus operations noting that ridership shows about a 16% run rate increase
7 from last year for the Denton Connect system. The Commuter Express shows a 35% year-over-
8 year growth, which is indicative of a lot of commuters utilizing public transit. Total annual
9 ridership on the DCTA system has increased 36% since 2005.
to
11 Upcoming projects for DCTA will include a bus operation and maintenance facility and a
12 Denton Intermodal Facility. Requests for Proposals for passenger amenities are coming back
13 March 1 lth and as soon as the bids received, DCTA will let the contracts for bus shelters,
14 benches, and structures. There will be public meetings held March 3 at 6:30 p.m. at the MLK
15 Center and March 4th in Lewisville to update the public on the status of the projects.
16
17 Neeley then provided a briefing to the Committee on the RaiIDCTA RTRFI application project
18 components of the application. Included in the application are the light rail new technology
19 vehicles. There are twelve vehicles to be solicited with options placed into the contracts to allow
20 other agencies, or DCTA, to buy out more than just the twelve. Also included is a service and
21 inspection facility which will have to be constructed for the new vehicles. This could serve as a
22 regional facility for other transit systems as well. It also includes an expanded bicycle and
23 pedestrian trail. Currently, the trail ends at Swisher Road and this application, and that project
24 funding, would take that further south all the way through the right-of way to the Hebron station
25 in south Lewisville. It also includes the five intermediate stations that are planned for the
26 RaiIDCTA proj ect, and would include the potential for interline services or through service into
27 Dallas.
28
29 John Polster, ITS, asked Neeley since the project would not be environmentally cleared by the
3o FTA, use of CMAQ funds will not be an option, all of the funding request would have to come
31 from the RTRI funds. Neeley replied that was correct and that is an avenue they would have to
32 work with RTC and find out how to move money through. If CMAQ funds are applied to the
33 project in any way it would need a federal environmental determination. Polster stated that
34 taking $150 million out of $735 million is better than taking $200 million.
35
36 The Committee directed Polster and Neeley to meet, discuss this concern and to make sure that
37 available money is not lost and report back to the Committee.
38
39 Mayor McNeill asked what property DCTA was acquiring. Neeley replied South Denton, North
4o Lewisville, and Highland Village. Mayor McNeill questioned it is station property not rail?
41 Neeley replied that was correct. Mayor McNeill asked whether we should expect any funding
42 surprises, similar to other rail systems in the region. Neeley replied that at this time he was not
43 aware of any issues at all and that the 30-percent design estimates are coming in and they are are
44 in line with what DCTA is looking at. Neeley stated that with DCTA it is a little bit different in
45 the sense that they are dealing with a freight corridor and there is no aerial construction, or a lot
46 of utilities and other things that could jump up and control some of those estimates.
47
48 Chair Kamp then moved to Item #3.
49
50
1 Draft Minutes -City Council Mobility Committee meeting
2 February 26, 2008
3 Page 3 of 3
4
5
6 3) Receive a report, hold a discussion and provide staff direction regarding a Resolution of the
7 City Council of the City of Denton, Texas, endorsing the Denton County Transportation
8 Authority application to the Regional Transportation Council for a Regional Toll Revenue
9 Funding Initiative (RTRFI) Grant to facilitate implementation of Regional Rail Service from
1 o Denton, Texas to Carrollton, Texas with a connection to the Dallas Central Business District.
11
12 Chair Kamp stated that Denton County, City of Lewisville and the City of Highland Village have
13 passed the resolution. The Chair called for questions, changes, or a motion.
14
15 Mayor McNeill stated that the City of Denton needed to show support for the application and
16 that the citizens have certainly indicated their support for the rail.
17
18 Mayor McNeill motioned to approve with a second from Chair Kamp. The motion was
19 approved by a 2-0 vote.
20
21 The meeting was adjourned by consensus at 3:37 p.m.
22
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton Festival
Foundation, pursuant to Section 20-1(d)(3)b.6 of the Code of Ordinances of the City of Denton,
Texas, an exception to the limitations imposed by that section with respect to hours of operation
of an amplified loudspeaker system; and setting an effective date.
BACKGROUND
The Denton Festival Foundation is requesting a renewal of the three-year exception to the noise
ordinance for the Denton Arts & Jazz Festival, an annual outdoor music festival scheduled in
Quakertown Park, on the last Friday and Saturday in April until 12:00 midnight, and on Sunday
from 11:00 a.m. to 10:00 p.m. If the exception is granted, the Denton Festival Foundation would
not have to request a noise exception for the purpose of the Denton Arts and Jazz Festival until
the year 2011. The proposed ordinance granting the three-year exception is attached (Exhibit 1).
The organizers have been informed that should Council approve this request, responsible use of
amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances. In
particular, Section 20-1 §4(a) states:
It shall be unlawful for any person to make or cause any unreasonably loud, disturbing,
unnecessary noise, which causes or may cause material distress, discomfort or injury to
persons of ordinary sensibilities in the immediate vicinity thereof.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Ordinance No. 2005-076 granted athree-year exception that expired at the end of 2007. If
approved, this would be the second approval for athree-year noise exception for this event.
FISCAL INFORMATION
None.
Agenda Information Sheet
Arts and Jazz Festival Noise Exception
March 4, 2008
Page 2
EXHIBITS
1. Letter of Request from Denton Festival Foundation
2. Proposed Ordinance
Respectfully submitted:
Emerson Vorel
Director of Parks and Recreation
Prepared by:
v
Janie McLeod
Community Events Coordinator
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AN ~RDn~A~E ~F THE QTY ~F DE~'TON, TEAS ~ ~xRANTINx THE DEI~TOI~
F~T~vAL FDUb~DAT~DiV, ~~Ar To S~cT~~~ Z~~t~d~(3~b.~ ~F TxE oDE of
DRDtNANE THE CITY F DENTD~, TF~~AS, AN~ E~~EPTI~N TO THE
LIMITATIONS ZMP~SED BY THAT ~TZ~I~ ~TI~ RESPECT T~ HDURS OF
DP~RATI~N~ DF A~ AMPLIFIED LDUDSPEA~R YSTFI ADD SETTIl~~ AN
EFFETIV~ DATE.
AREAS, pursuant to a-1~d}~3}b.~ of the bode of Ordinances of the pity of Denton,
Texas, the Denton Festival Foundation has made application to the pity aunci~ for an exception to
the provision of that same section restricting the operation of a~npli~ed loudspeakers foam ll~anday
through Saturday after 1a:aa p.~n. and at anytime an Sunday, in connection with the Denton Arts
Jazz Festival annual event held. at the ual~erton Parr, and in connection ~ said request, has
requested the exception to be granted on an ongoing basis far said annual event at said location the
last weekend in April, 2aa~ on Friday and Saturday until 1:00 midnight and on Sunday from 1 l.aa
a.rri. until 1 a;aa p.., and the last weekend in A ~ ~a0~ and 1 ~ on Frida and Satuda until ~ y
1~;0~ midnight and on Sunday from 1 I:aa a.~n. until la:aa p.m.; and
WHEREAS, upon prior application and approval by the ~~ty ounc~l of the pity of Denton,
Texas, the Denton Festival Foundation has consistently demonstrated over the past ~ years an
ability to responsibly operate amplified Xoudspeakers in connection with the De~aton Arts & Jazz
Festival annum event held at ~aakerto~vn Park, at times past the hours defined in ~a~ 1 ~d}~~~b. of
the bode of Drdina~aces of the pity of Denton, Texas, within the public interest and without
materially disturbing persons ofordinary sensibilities in the immediate vicinity thereof; and
WHEREAS, based upon this past history, the pity council of the pity of Denton, Texas finds that granting an exception for this annul event an an oa~gain basis, subject to
the restrictions
contained herein, ~rould serve the public interest; ND, THEREFORE,
THE ~DUN~IL ~F THF~ CITY DF DENT~I~ HEREBY DDAIl~;
SECTION I. Pursuant to 0-l~d~~~}b,~ of the bode of Ordinances, the Denton Festival
Foundation is hereby granted an exception from said section's 1 a : as p.m limita~on from anday
through Saturday and prohibition on Sunday, upon the operation of amplified loudspeakers, subject
to the conditions listed belav~:
1. This exception is granted o in connection with the operation of the Denton Arts
Jazz Festival annual event at the ual~erton Park, on the last weekend in April,
2aa an Friday and Saturday until 12;aa midnight and on Sunday from I l.aa a.m.
until 1 a:~a p,m., and the last weekend in April, ~aa~ and ~a ~ a on Friday and
Saturday until 12:aa midnight and on Sunday from i I;aa a.m, until lO;DD p,na,
i
s:lour Doc~mentsl~`dY~a~ees~~8lArts Festival exemption from noise ordinance.doc
The Denton Festival Pou>~.dation agrees to take full responsibility for ensuring that
the conditions of this exception are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensibilities in the immediate
vicinity of the event.
3, The Denton ~"estiva~ Foundation agrees to cease using an~.plified loudspeakers at
l ~.oo midnight on Fnay and Saturday and 1 ~.0~ p,n~. On Sunday.
4. Under no cixcumstances shall the annual event employ the use of amplified
loudspeakers past 12:~o midnight on Friday or Saturday or before I l :off a... or past '
10: p.m, on Sunday.
S. Under no cireunlstances shall the annual event employ the use of amplified
loudspeakers that exceed 7~ dba when measured ~ron~ the perimeter ofthe source as
measured by an approved measuring Ynstrument,
This ordinance confers no personal ar property rights, a~.d nay be amended,
modified, superseded or revoked in whole or il:~ part at the will ofthe pity council of
the pity of Denton, Texas, without aa~ advance warning, hearing or compensation,
for any reason at all, or for no reason.
7. This ordinance shall be strictly construed as an exception granted pursuant to ~~OW
1 ~d}~3~b. of the bode of ordinances of the City of Denton, Texas. The pity of
Denton, Texas expressly reserves unto itself and all other persons any and all legal
remedies, civil or cr~n~inal, relating to excessive noise in connection with this annual
event, and hereby disclaims any promissory or equitable estoppel which might
any way impede the pursuit of such remedies by any person.
SETIN 7. This ~rdhaance sha11 become effective immediately upon its passage and
approval, and expire three yeaz hence, unless sooner repealed, modified or rescinded.
PAS QED AND APPROVED this the day of , ZOOS.
PERRY ~.1VIcNEILL, AY~~
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
~Y:
Page ~ ref 3
S:1Qur Do~umentsl0r~~nances1081Arts Festival exemp#aon from noisy ordinance.doc
APP~~~ED A T~ L~C~A.L FARM:
~D~N N~, CITY ATTORNEY
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Pa.~e 3 of 3
i
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution by the City Council of the City of Denton relating to the
issuance of bonds by North Texas Higher Education Authority, Inc.; approving the
issuance of such bonds and the use of the proceeds of such bonds; making certain findings
in connection therewith; and providing an effective date.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a
non-profit corporation for the purpose of furthering educational opportunities of students
by providing funds for the acquisition of student loans. The Cities of Arlington and
Denton exercise the powers enumerated under Section 53B.47 of the Texas Education
Code and the Cities appoint the directors of the Authority. Under Section 53B.47 the
Authority may issue revenue bonds or borrow money to provide funds for the purchase of
student loans guaranteed under provisions of the Higher Education Act of 1965, as
amended. The City of Denton is not financially obligated in any way. The Authority
assumes sole responsibility for the administration of the Authority's student loan program.
The Authority issued its first revenue bonds for such purpose in 1979.
The Authority last came to you in November 2006 for approval of $400,000,000 in student
loan revenue bonds. The proceeds of these issuances were utilized to refund maturing
bond financings and acquire student loans from the Authority's participating lenders.
NTHEA is requesting the City's authorization to issue up to $95 million in taxable student
loan revenue bonds and up to $60 million in tax-exempt student loan revenue bonds
(memo attached). The proceeds will be used to fund purchases from its participating
lenders.
In addition, NTHEA proposes to issue and deliver student loan revenue bonds or other
obligations, in one or more series, in an amount not to exceed $660 million. These funds
will be used to refund the Authority's outstanding bonds insured by Ambac Assurance
Corporation, as that entity has been placed on negative ratings watch for possible
downgrade by Moody's Investor Services. If available, NTHEA plans to file an
application fora 2008 Private Activity Bond Allocation Carryforward in an amount not to
exceed $200 million, and requests the City's approval and the Mayor's authorization for
such application. The City has previously approved the Authority's borrowing.
Agenda Information Sheet
March 4, 2008
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Since 1979 Council has approved resolutions to issue NTHEA student loan revenue bonds.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Memo from NTHEA
Certificate of Secretary
Resolution
Respectfully submitted:
Bryan Langley
Director of Finance
• • • North Texas Higher Education Authority, Inc.
~ ~ Higher Education Servicing Corporation
12 o East Co eland Road • Suite 200 ~ Arlin ton TX 6011 81 26 - 1 8 5 p g~ 7 ~ 7) 5 9 5
MEMORANDUM
T0: Mayor and Council
City of Denton
FROM: North Texas Higher Education Authority, Inc.
DATE: February 19, 2008
SUBJECT: Request for Approval for Issuance of Taxable and Tax-Exempt
Student Loan Revenue Bonds
As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by
law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan
secondary market program activities. The Authority last came to you in November 2006 for approval
of $400 million in student loan revenue bonds. The proceeds of these issuances were utilized to
refund maturing bond financings and acquire student loans from the Authority's participating
lenders. In the past twelve months, the Authority has acquired over $340 million in student loans.
During 2008, the Authority proposes to issue up to $95 million in taxable student loan
revenue bonds and up to $60 million intax-exempt student loan revenue bonds. The proceeds will
be used to fund purchases from its participating lenders.
In addition NTHEA proposes to issue and deliver student loan revenue bonds or other
obligations, in one or more series, in an amount not to exceed $660 million. These funds will be
used to refund the Authority's outstanding bonds insured by Ambac Assurance Corporation, as that
entity has been placed on negative ratings watch for possible downgrade by Moody's Investor
Services, which has caused the Authority's bonds to incur higher interest costs and potential
amortization.
If available, NTHEA plans to file an application fora 2008 Private Activity Bond
Allocation Carryforward in an amount not to exceed $200 million, and requests the City's approval
and the Mayor's authorization for such application.
In summary, the resolution presented to the Council requests authorization for the
following:
• Issuance of up to $60 million intax-exempt bonds for purchases of loans
• Issuance of up to $95 million in taxable bonds for purchases of loans
• Up to $660 million in refunding bonds to refinance currently outstanding Ambac
insured bonds
• Authorization to apply for up to $200 million in Private Activity Bond Allocation
Carryforward
The attached summary will provide you with details of the Authority's historical financing
activities. Also, you maybe interested to know that to date, NTHEA has acquired loans aggregating
approximately $2.7 billion, of which approximately $1.7 billion is currently outstanding.
As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the
sponsorship of a council who believes strongly in its stated purpose of providing students access to
financial assistance for higher education.
Should you have any questions or require further information, please contact:
City of Denton memo 2
Kathryn Bryan, Executive Director and Assistant Secretary
North Texas Higher Education Authority, Inc.
1250 East Copeland Road, Suite 200
Arlington, TX 76011-4921
(817) 265-9158
Thank you again for your interest and support of the program.
Enclosure
City of Denton memo 3
CERTIFICATE OF SECRETARY
THE STATE OF TEXAS §
COUNTY OF DENTON §
CITY OF DENTON §
I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the
following:
1. On the day of , 2008, the City Council of
the City of Denton, Texas convened in regular session at its regular meeting place in Cit Tom,
with the duly constituted members of the City Council being as follows:
Perry McNeill Mayor
Charlye Heggins Council Member, District 1
Pete Kamp Council Member, District 2 and Mayor Pro Tem
Jack Thomson Council Member, District 3
Chris Watts Council Member, District 4
Bob Montgomery Council Member, At Large Place 5
Joe Mulroy Council Member, At Large Place 6 and Deputy
Mayor Pro Tem
and all Council Members were present at said meeting, except the fallowing:
Among other business considered at said meeting, the attached resolution, entitled:
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF DENTON RELATING TO THE
ISSUANCE OF BONDS BY THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.;
APPROVING THE ISSUANCE OF SUCH B ONDS AND
THE USE OF THE PROCEEDS OF SUCH BONDS; AND
NrAI~G CERTAIN FINDINGS IN CONNECTION THEREWITH
was introduced and submitted to the Council for approval and passage. After presentation and
due consideration of the resolution, and upon a motion by ,
seconded by ,the resolution was duly passed and adopted by the
City Council, to be effective immediately, by the following vote:
voted "For" voted "Against" abstained
all as stated in the official Minutes of the City Council for the meeting held on the aforesaid date.
50049959.1 1
2. The attached resolution is a true and correct copy of the original resolution
on file in the official records of the City of Denton, Texas. The duly qualified and acting
members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council
meeting are those persons above named; and according to the records of my office, each member
of the City Council was given advance notice of the time, place and purpose of the meeting, and
that said meeting and deliberation of the aforesaid public business was open to the public, and
written notice of said meeting, including the subject of the entitled resolution, was posted and
given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government
Code.
IN WITNESS THEREOF, I have hereunto signed my name officially and affixed
the seal of said City, this the day of , 2008.
Jennifer Walters, City Secretary
City of Denton, Texas
(Seal]
50049959.1 2
s.~l~~r dacumentslrsolut~ons1~81nthea res 208 ~o~~s ~3),doc
~E~L~T~U~ IVY.
~ S~I~UTION BY THE CITY ~UNCIL ~F T CITYY ~F DENTIN I~ELATIN T~ THE ISSUANCE DF B AND B Y N~~TH TEX.AS
HYHE~ EDUC.ATI~N AUTHORITY INC APP~~IN THE IS SUAN~ OF SUCH '
~ S AND THE USE QF THE PROCEEDS ~F SUCH BONDS; 1VIAIN
TAIN FINDINCrS IN CONNECTION THEREf TH; AND PR~IDIN AN EFEET~E D
ATE.
WHEREAS, the North Texas Higher Education Ruth ~
established _ arlty, fnc~ the Authority ~ was as a non profit corporatlo~a pursuant to the Texas Non-Prof t Co
purpose of furtherin educati rporat~on Act, for the onal oppor~unltres of students by provldln funds fart ' . .
of student loans and. he acqulslt~on
WHEREAS, the City of Denton and the Cit of Arlin o
Y t n have requested the Authority to exerc7e the pov~ers provided for in Section. X8,47 of the T ' exas Education Code, as amended;
and
WHEREAS, pursuant to such request, the Autharit
b y has issued student loan revenue ands or otherwise borra~red money to obtazn funds to purchase student loans h1ch are
guaranteed under the provisions of the Higher Education A ct of ~ 9S, as amended and
additional funds are nova needed to continue the ro an~~ p a and
WHEREAS, the Authority requests that the Crt a rave to au Y pp the issuance of additional bonds
gment the Authority's student lawn program; and
WHEREAS, the Authority must restructure its current
darn ~ fnarlc~ngs due to the ratings grade of the bond insurer insuring certain ofits bonds• and
WHEREAS, the Authority requests that the Cit a rav '
the Au ~ pp e the Issuance of bonds to refund thorlty insured student loan revenue bonds ~ and
~IEREAS, the City wishes to approve the issuance of the Au-thorlty s bonds provided
that City is not responsible in any wa for such bonds ~ NO~V, THEREFORE,
THE UNCIII ~F THE CITY DENTDN HERE BY I~ESO~~ES
SECTION 1. That the City Council of the Cit of Den a raval to the Y ton, Texas, hereby grants Its
pp Nord Texas Higher Education Authorit Inc to iss taxable student loan r y~ ue and deliver during ~~0~
evenue bands or other obligations, in one or rriare series i to exceed g5,0~~,~00. The bonds or other o ~ ~ n an amount not
bligations are to be issued for the aces of refunding outstanding obligations of the A.uthorit obta` , p
loan no Y~ bung funds to purchase student or parent tes htch are guaranteed under the Higher Education Act
aside the ao of 195, as amended, setting unt the Authority deterrnlnes zs necessar for a reserve '
n the cost and far operating costs, and ~ YI g of issuing such ob~Igations 1n accordance V~ith th
1r1C~udln Cha e laws of the State of Texas, g Ater 53E, Texas Education Code.
sao~~~~~, ~ ~
1
s:laur dacumentslresolutionsl~S~.~hea r~s 208 bands ~3},doe
S~CT~~N That, in addition to the student loan revenu
the Cit Cvun ' e bonds approved in Section y cil of the City of Denton, Texas, hereb ants its
Higher education Ruth ~ approval to the North Texas ority, Inc. to issue and deliver during ~~~8 additional
revenue bonds ar other abli anon student loan ~ s, in one or mare series, in an amount not to exceed
~~,DO~,~~O, to consist of student loan revenue ' ' ' bonds utlli~ing a ~~~8 Private Activit Bond
Allocation. The bonds or other abli atians are to be ' ~ ~ issued far the purposes of obtainin fonds to
purchase student or parent loan Hates ~hlch are uaran
19 ~ teed under the Higher Education Act of as amended, refunding outstandin obli ations of th
the ~ ~ g g e Authority, setting aside the atnourit Authority determines is necessary for a reserve and for operating costs, and paying the cost
of issuing such obligations xn accordance v~ith the . laws of the State of Texas, includin
Chapter 53B, Texas education Cade. ~
SECTI~IV 3, That, in addition to the student lawn revenu
and 2 th e bonds approved rn Sections I e Crty Council of the City of Denton, Texas hezeb
Texas Hi er ~duc ~ ~ grants its approval to the North gh atlan Authority, Inc. to issue and deliver du . .
Ong ~0~8 additional student lawn revenue hands or other obligations, in one or more series '
~~~,~~~,Da~ in order to refund ' , in an aniaunt not to exceed
its insured student loan revenue bands, The bands or o obligations are to be issued far the then
purposes of refund1ng autstnd1ng obligations of the Authority, setting aside the amount the Authorit det '
y errnrnes is necessary far a reserve and far operating costs, and paying the cost of 1ssuin such obli .
g ations, to the extent permitted by the pertinent f nancin documents and the lames of the Sta '
~ to of Texas, including Chapter 58, Texas duration Code.
~CTY~N 4. That the City Council of the Cit of Den.
p roval to the a li Y ton, Texas, hereby grants its p pp cation of North Texas Higher Education Autharit '
Activit Band Allacati y~ Inc. for a ~~~5 Private on Carry forv~ard in an arnaunt not to exceed 2Q~ ~p
authorises the Ilia ar to exe ~ 0,00, and hereby y cute such application.
SECTION The City of Denton, Texas re nests t~iat the '
eriunaerated ~ ~ ~ Authority exercise the pagers provld~d for 1n Section J~$,47, Texas ~d~cati . an Code, as amended, and that
such non-profit carparation shall,ln this connection exec '
the Cit of De ~ rise such powers for and on behalf of y nton, Texas and the State of Texas, as canteen fated b Se ' p y coon 538,47~e}, ~ and
Texas Education Code, as amended.
~CTI~N The City of Denton, Texas does not a ee ~ . . gr to assume any respons1bil1ty in Cannectian ~Yth the adn~inistrti~n of the Authorit 's stn
far th ' ' Y dent loan pragrarri. Sale responsibilit e adrriin~stration of the Autho~.ty's student Iaan ro y
p grans is assumed by the Authority.
SECTION 7. Further, it is recognized b the Cit oI" Den
which authori~ Y y tan, Texas that the instruments e the issuance of bands notes, or obli atians b th
state that the Cit ~ g e Authority Will specifically y of Denton, Texas is Hat obligated to a the rinc' '
bonds, Hates or obli a ` ~ p y p ipal of or interest an the g trans proposed to be issued by the AuthQrit . Nathan in '
shall be construed as an indicati g this resolution on by the C7ty of Denton, Texas that it will a or
payment of any obli ations of said A p Y provide far the g uthority whether theretofore ar hereafter incurr i '
this connection, attention is called ed, and rn . to the Constitution Qf the State of Texas v~her ' .
provided that a city may incur na indebtedness ~r1 ~ ern it is thaut having made provisions for its a ent
and the City Council of the City of Denton Texas h p ~ ' ereby speczfcally refuses to set aside an
Y
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present ar futu.re funds, assets or money far the a en
Autharit P ~ t of any Indebtedness or obl~gat~an of tie ~i
ETI~N S, It is hereby ~ffrcla~Iy found and Bete '
resolution xs a ~ rm~ned that the nleetrng at ~r~1Ch this
p ssed is open to the public, ~ requzred b lave and place and ose Y that public notice of the time,
pu~'p of said rneet~ng was pasted, as re u~ired b ~a. ~ y
~~TI~N 9. This resalut1an shall become e~fectl~e ' .
~m~ed1ate~y upon its passage and ~.ppra~a~,
PAED AND APPI~~'~ED this the day of , ~aa8.
PERRY R. cNEI~L,IVIAYQR
ATTEST:
JENN~'ER ALTER, QTY ERETA~Y
BY:
~~V ■ a..J~ L 1 T~ ~4J~~
EDWIN IVY. NYD ~T'Y ATTORNEY
~Y:
i
ACxEN~]A ~~FORMAT~~~ HET
A~E~DA DATE: 11~a~ch 4, 248
DEP.ATIV~ENT: ~,ega~ Department
ID~Nl1ANI: Jerry Drape, rr., Deputy pity Attorney .
UBT: consider ordinance of the pity ouncll of the 1ty of Denton, Texas authorizing
the City tanager to execute Second An~e~ded contract .far Professional Legal services ~
Golfe, Tidwell ~ 1Vlc~oy far professional Xea~ services relating to ~itiat~on styled ~'~r~ v.
~~y ~f ~~~~o~, 1~,1 Action No. 4:~5cv0Z pending xn the District ourt~ Eastern District,
Sherman Division; autho.~in the expenditure of funds therefor; and providing an effective date.
~AI~~~UND: Golfe, Tiv~ell ~ 1Vlcay has been providing outstanding legal services to
the it of Denton on this litigation since Ho~rever, it has becorne necessary to once again
arr~end the contract far Prcfessianal Legal Services to retain Golfe, Tidwell cay as .
counsel far the pity in this case, as expenditures have exceeded preliminary estimates.
~`I~L IN~~RN~A.T'IDN: Provided in attorney co.~unicatians..
Respec submitted,
Deny E. Drape, fir.
Deputy qty Attorney
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ORDINANCE NIJ.
CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEA AtJTHORI~IN THE CITY MANAE~ TO ExECUTE SECOND AMENDED
CONTRACT FOR P~.OFEIONAL LEOAL E~vICE KITH ~NOLFE; TID~L~ELL
FOR POFE IONAL LEOA.L ~ ER.vICE RELATING TO LITIGATION STYLED
T`~ ',~~T 0~' ~~T~, CNIL ACTION NO. 4:~5C~~2 PENDING IN THE U.. DISTRICT COURT, FJATERN DISTRICT, HERMAN DIVIIOI~; AUTHORI~INO THE
EPE~DIT~JRE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the C1ty Council deems It necessary, appropriate, and in the public interest
to engage Golfe, Tidv~rell McCoy to provide professiana~ legal services relat~~g to litr.~.t~o~
styled ~'ow~r City of ~e~~o~, Civil Action No. 4:~5cv~a2 pending in the U~. District Court,
Eastern District, Sherman Didsxon; and
WHEREAS, City staff has reported to the City Council that there is a substantial need far
the hereinabave described professional services, and that limited City staff cannot adequately
perfvrtu the legal services with its oven personnel; and
WHEREAS, Chapter ~~54 of the Texas C~avernn~ent Code, k~o~n as. the "Professanal
} Services Pracurement Act,fa generally provides that a city n~~y riot select a prodder of
p~rafesionl services on the basis of competitive bids, but must select the provider of
professional services an the basis of demonstrated carnpetence, kno~v~edge, and qualiFications,
and for a Fair and reasonable pace; a~.d the City Council hereby finds and concludes that the lam
firm of 'olfe~ Tidwell McCoy is appropriately qualified under the provisions of the lave to be
retained as outside legal counsel for the City; a~.d
WHEREAS, the City Council has provided in the City budget far the appropriation of ~
funds to be used far the procurement of the foregoing professional legal services, as set Earth in ~ ~
the Second Amendment to Contract for Professional Legal Services; NOW, THEREFORE, ~
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l: The recitations in the preamble are true and correct and are incorporated
here~dth ~as park of this ord~nance~
SECTION 2: The City Manager is hereby authorised t~ execute a Second Amended
Cantrct for Professional Legal Services with Golfe, Tidv~ell McCoy for professional legal
services relating to litigation styled T'owe~ v. 'qty of ~e~~on, Civil Action No. 4:aSev~Z,
pending in the IJ.. District Court Eastern District, S~aern~.an Division in substantially the farm
attached hereto and incorporated herein by reference,
SECTION 3: The ward of this agreement is o~. the balls of the demonstrated
competence and qualifications of Golfe, Tidwell McCoy and the ability of wvlfe, Tidwell
l
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~Vlcoy to perform the profes~i~nal legal services needed b~ die qty for a fair and reasonable
pace.
SETI~N 4: The expenditure of funds a provided in the attached Second Amended
ontr.ct fog Professional Legal Services is ~aereb~ au~iorized, and the prevrou~ ependires
reard~~. this l~~.ation are rata ed and approved.
SETI~N~ Thr ordinance shall beon~e effective i~xxediatel~ upon ids passage and
approval.
PASSED AND APP.~TED this the dad of ~0~8.
PEY cNEILL, AY~~
ATTEST:
JEN1~'ER ALTER, CITY SEI~ETAR~
APP~~ED A.S T~ LEGAL FARM:
E~~ , SN~'D TT~RNEY
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S~C~N~ ,~E~~EI
C~TACT FAR P~~~`ES~O~IAL L~AL 5~.~'1CE
STATE 0~' TEXAS ~
C~UNT~ OF ~~~TO~ ~
This econd Amended Contract, made and entered into the day of _ ,
2~~8 ~"Agreement"} ley and het~een all'e, Tidv~ell II~IcCoy, LLB, ~Sl Dallas Parl~~ay,
Suits 2~5, Frisco, Texas ~'Sa34, herexna~ter re~'erred to as "Cansultant", and the City of Dentan,
Tc~as tr~unicipal corporation, ~l ~ fast c~~nney, Dentail, Texas he~'einafter refet~red to
as ~~1ty3,F
ITNESSET~I
TIEAS, due to ~lnalltic~pated delays In securing court ~.~lings in seve~'al lacy pretrial
natters, the proviaus estimate of litigation expexase mill soon e exceeded, and it is therefore
necessary to amend the Contract for Professional Legal Services rea~'d~r~g pending l~tlgat~an
styled Cc~~ ~'a~ve~ v, of Der~~a~, in the United States Dist~'ict Court for the Eastern Dist~'ict
of Texas, Sherman Division, Civil Action No. 4.~cv3~~ to delete the prior cost estimate; and
TFIEREAS, Consultant is v~illing to pe~•fa~•n~ sucla services in a prafesslanal n~a~ner as
an independent contractat; and ~
T~IEREAS, City dei~'es to engage Consultant to ~~ende~' the ptofcssional se~'vices in
connection thercith, and ansultant is milling to p~~ovide such services;
~~V~, THEREFORE, in canide~'ation of the pra~a~~ses and n~~~tual obllgatlol7s he~'ein, tine
parties hereto do he~'cby n~~utually AOI~E~ as fallos;
1. SCOPE OF SER~~CES
Consultant shall perfor'n~ the following se~'vices in a professional manner a~'l~ing a an
independent contractor not under the direct super~isxan and control of City.
Se~~rices to be pt'ovided~
l , ansultant shall evaluate the relevant facts and circumstances and shall advise City, by
v~ritten opinion, with respect to its options and the legality off' such options, regarding
researching and responding to requests far Iega1 services,
Consultant shall also consult, as requested, Frith the City 11~anager, the City Attorney, and
any other designated City staff respecting any and all aspects of the services to he
pez~farn~ed under this Agreement,
. Consultant shall perform all the professional services required in timely fashion, a~ad
shall can~plete sanae in compliance itla sclaedl~les established by City through its City
Attorney, tlarougla discussions with Consultant, as ~pprapt"iota to part"fir out the tee"xaas and
condltton of tills A~1"eexaaent.
4, Consultant shall, as directed by file City tllrough its Clt Attatney, appear an behalf of
City and represent the City as t~~ial counsel in the afo~+enae~at~olled C~~11 action,
~ ~ T~~
Th7s Agreement shall be for a rep"~aa of 4~ ~nontlas, b~~lnnln~; ~ff~C~1V~ ,A.ll~l1S~ ~0~ and
eliding on August ~ ~aa9. This Agreeinent tnay be soonet• tee"~11I1a~,t~~C~ 11a c~CCardance with tlae
provisions hereof. Time is of the essence of this Agreement, and Consultant shall Hooke alb
reasonable e~'far-ts to complete floe se~-~1ces Sit fortll llereln eXp~dltlously possible during file
tee"na of t1~is Agreenae~at, and to meet the schedules established by City, thro~~la its City A.ttarney,
Or ~s the progress of tlals 1~latter Illay rcqulre~
C~11~P~N.ATI~N AND l1~ETbI~D ~F PAYl1~~NT
A. Consultant shall charge floe follaing fees far its professional se~~ices hereunder, based an
floe following fees far its p~"ofesslanal services l~erellnde~~, based on tb.e follo~rin.g hourly
bll~ln liates for the a.ttorne~s and sllppart staff in~ol~ved in this matter:
Clark cCoylPa~~tners $ ~ S~Ilaour
Associate Attorneys $11 ~Ilaol~r Paralegals COllaol~r
Tinae mill be billed at one tenth ~.1 } hour ~nrninauna billing increments
Consultant gill t~"fir to ~•educe casts ~hcne~ver feasible by ut~l~~ing L~llallfl~d pr"inclpls,
associates, paralegals, and la. clerks Consultant b111 C1ty tla~"ouh tine sl~brnrssion of
xten~ized in~aices, statements, and other" docllna~nta.tian, together" v~ith supporting data
indicating the progz"ess of the v~ork axad the services performed on the basis of naanthly
statements slaaing hourly t•ates ~ndlcating rho perfat`med the pork, what type of work was
lane, and descriptions andlar details of all' services re~adered, along ~lth specific descr~ptlan
and supporting docunae~atatian, i~' available, respecting any reasonable and ~aecessary~ oust-a£
packet expenses incurre
C. City shall either"pay directly at" t"einaburse axasultant, as the case naay be, far reasonable and
necessary actual outWo~ packet expenses, including but not limited to, long-distance
telephone, telecopier, reproduction, overnight cau~~ier, on-line research, and tra~rel. All ~
copies gill be charged at the rate of tea cents i 0} pet' copy for copies ~aaa.de itlai~a
Consultant's offices, ~Vlth n~l~ch photocopy~~ag possible being done by outside ~vcndo~"s
at bulk rates or by the city to reduce casts if bulk copying ~s necesa~•y~ The parties agree that
there will be no charges for outgoing telccopics or incoming telecopies. hene~er feasible,
~pr+r►~~r~ d n~fa~r'~~r~ C`'nt7i-r•ar+f Fni~ ~i~nf~ce~n,~~1 T a~x:t1 .~`~t•t~ir►ne _ 1~~~~ ~
UVV%JAL%,.1 L36 AAAVIMgV,y 4eWJLXy1L{1fL 1 Vi 11ViV17`]ilfilLLA A-IV~Cii V.~, yi Tivuu 1 u~v ILJ
pity encourages cost savings by the use of computer ~l~es 1r1 ~1C1'oSaft fiord or Adobe
Acrobat formats, attached to c-snail tl'anslnissians.
D. The parties antrc~pate 1r~vo1CQS al' statements for' services v~ill be generated on a rnontl7ly
basis and that sand invaiCes ar' statements mill be sent on of about the ~ st day of each. n7onth.
pity shall make payment to ~Qnsultant within 3~ clays of the satisfactory calnpletion of
er'vices ar~d receipt of an itelni~ed invoice ar statement. All rei~nbursable expenses,
includin , but r7at necessarily limited to travel, lodging, and ra~eals shall be paid ~.t the actual
cost, pursuant to the terzns, conditions, a11d llmrtatrar~ hez'e117abave set forth. All invoices
arrd bills shall be approved for paylner7t by tl7e ~lty Attor'I~ey.
E, It is understood that or7sultant shall ~ar`lc with the coordil7atior~ and general supervision of
the arty Attorney ar the Deputy arty Attorl7ey,
F. All 17oticcs, billing stateznel7ts and invoices shall be made in ~z'itil7g and may be given by
personal delivery er by mail. Notices ar~d lnvorces sent by mall Sha~l be addressed toy Jcr'ry
E. Drake, Jr., Deputy pity Atta1•ney, Z ~ J East c~11111ey, Denton, Teas 7G~ 1. then sa
addressed, the notice, invoice, anllol' payment shall be deemed given upon deposit ir7 tl7e
united States ail, postage prepaid, In all other instances notices, 1r~valces, ar~dlor
payments shall be deemed given at the tilnc of actual delivery. l7anes maybe made in the
Harries and addresses of the r'espansible person ar' af~ice to v~hom notices, invoices, andlor
payments ar'e to be sent, provided r"e~~ai~~.~~e ~~tten notice l~ i'~en,
4F PR~FE~~NAI~ COIVIPETENY
A. ansultant agrees that in the perfox'n7ance of these professional services, consultant shall be
responsible fer the Ievcl of competency and shall use tl7e same degree of shill and c~,r'e
presently n~a117talned by other practlc111g pt'ofessxonals perfor1n117g the sarrle or sllnllal` types
of or'k, Fora the purpose of this Agreetncnt, the ley persalls ~vha ~1Vlll be performing most of
the orl~ hereunder' shall be l~,r'l~ 1Vlcoy. ~o~rever, notl7ln herern shall lrmrt ~nsultant
from using other` qualified and colnpeter7t mer~~be1's of Its f11'171 to perfor177 the services
r`equlred her'ern.
B. AlI legal opinions and other legal dacrrn~ents prepared or obtained under' the terms of this
Agreement are instruments of service and 1ty shall retain ov~nership and property interest
theroin, ~f tills Areen~e~7t 1s termlr~ated any t~lne fOr any reason prior to payment to
consultant for work under this Agreerrlent, all such documents prepared ar obtained under
the terms of the Agreen~ellt shall upar~ ter'mrnatron be delivered to ~.r7d became the praper•~y
of pity upon request and without r'cstriction on their use or further compensation to
onsultant~
C~r~nt,rl ~rnar~r~ar1 ~'`nt~trar+t ~nr Prnf~ccirnial T ~v~1 ~Pt•~,irr~c - Pacrr~
1..7VVL71iLL 11il1V lllLy L} N-/\/IL lyi "N., 11 1 l/1 1 1V-L,6" l11 A l.L{A ,h4v t:,µ- rya 1 i--- a KC) Sr -
5. ETABLIH~NT AND NIAINTPJNANCPJ ~F IC~RD
~"ull and accurate records shall be maintained 1~y Cor~sultar~t at its place of business v~ith respect
to ail rrratters covered by this Agreement, Such records shall be maintained for a period of at
least three years after receipt of fir~al pa~rtrrent under this Agreerner~t.
AUDITS AND INSPECTION
The City shall have the right to audit and rnal~e copies of the books, recards and
computations pertarnrng to thrs agr'een~ent, Tile Contractor sha11 retain such books, records,
documents and other evidence pertarn~ng to thrs agreemer~t during the contract period and five
years thereafter, except ~f an audit rs rn progress ar audit fir~dir~gs are yet unresolved, in hxch
case recards shall be kept until all audit tasl~s are completed and resolved. These books,
recards, documents and other evidence shall be available, v~ithin 1~ business days of Britten
request, purtlrer, the Contractor shall also ~'equi~Fe all Subcontractor's, atet'ial suppliers, and
other payees to retain all books, records, documents aril other evidence perta~n~ng to this
areeinent, and to al1o~ the City similar access to those dacurnents, All boobs and records
gill be made available within a mile radius of the City of Denton, The cost of t11e audit
v~il1 be borne by the City unless the audit reveals an o~erpayn~ent of I ~ ar' greater, If an
overpay rent of 1 ~ ar greater accu~'s, the reasonable cost of the audit, including ai7y travel
costs, must be borne by the Company which must be payable ~rithln free business days of
receipt of an invoice.
Failure to comply pith the provisions of this section shall be a rrlter~al breach of this
contract and shall constitute, in the City's sale discretion, grounds far termination thereof,
Fach file terms "boak'~ , "r`ecor'ds , "documents" and other evldei~ce+~, ~ used above, Shall
be construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or p~'epare a final printed docu.ent.
ACC~PLrSHl1~ENT ~F PR~~P~CT
Consultant shall corrlrnence, carry an, and complete any and all projects Frith all
practicable dispatch, 111 a saullCl, economical and effrcicr~t nearer, and, ire accordance with the
provisions hereof and all applicable lames, In accorrrpllshrng the pr•oj ects, Consultant shall take
such steps as ar'e appropriate to ensure that the work involved is properly coo~'dlnated v~1th
related ~rorlc being carried on by City,
8, INDENIN~T~ AND INDFP~ND~NT CONTACT~I~. ~FLATIONSHIP
A, Consultant shall perform all services as an independent contractor not under• the direct
super•~ision and control of City, Nothing herern shall be constlued as cieatrn a relationship
of cn~ployei• and employee betv~reen the parties. City and ons~iltant agree to cooperate in the
defense of any claims, actions, suits, or proceedings cf airy kind brought by a third party
hicl~ may result from or directly ar indirectly arise from any negl7gel~ce andlor crr•ars oi`
~~~nt~r1 Am~t~rl~r~ f"nt~ttr;~r~~ Fn~~ Pt~nf~scint~~1 T.~~a1 ~~~~~rir.~c ~ ~
tiIYVV AA 44 A 46 A A AV A A,%,& YVaa Ya Y}rl a va a. avivvuivaasra ,.v }~r~a w.rvi r avv~r i rf }~v
o~nissiens on the part of consultant, or fra11~ any bleacl~ of Consultant's obligations under this
A~"eelne~at~ In the event and litigation a1' C~~.1111 I~ ~ratl~~~~ L1IlC~er ~~115 A~Ieenlellt lIl ~111C1~
City is joined as past, QI7su~tant sllall provide suitable c0u11sel to defend City and
Consultant against such claim; provided lioever, that Consultant shall have the ~"fight to
proceed with corrlpetent cau~asel of its awn choosing consultant agrees to defend,
indcrrlnify and hold ha.I"n~les City and all of its officers, attol"Heys, agents, see"~rantsy and
en~playees against any a.nd all such clairns to the extent of covey"age by Consultant's
professional liability policy. consultant agrees to pay alb cxpenscs, including but not limited
to attorney's fees, and satisfy all judgments that n~~y he 1ncu~"~"ed ar rendered against
Consultant's professional liability insurance policy, Notliing hey"ern constitutes a atver of
any rights or ren~edles ~ity ~71~y have to plirSlle under either lam or e~ulty, including, ~ltho~lt
lln~ltat~on, a cause of action far specific performance cr fer da~x~ages, a ions to City, resulting
from Consultant's negligent errors ar anliSSions, or b~"each of contract, and all such ~"fights and
remedies are expi"esly reserved
B. Consultant shall i~la.ititain and shall be caused to be in fay"ce at all tines dui"ing floe term of
this Agreement, ~ legally b1nd111g policy Of p~"afes~anal liability lnsui"a1~Ce, issued by all
insurance carrier apps"o~ed to da business in tl~e state of Texas bar tl~e tote ft~surance
CQInlnissi0n, ~laich carrier ~riust be ~"ated ~est Rated ~arriel's, with a rating of "A-" Oi"
higher. such ca~erage shall corer any claim hereundezi occasioned by Consultant's negligent
professional act andlor error ~I" omission, in an a~~nount not less than 5a0,~~a combined
single liia~it coverage occurrence. In the event of change or cancellation of the policy by the
insurer, ~17S~lltant hereby covenants tQ 1n11n~di~.t~ly a.dvlse 1ty thereof; and in such event,
Consultant shall, prior to floe effective date Qf change or cancellation, sere a substitute policy furnishing the same coverage to City consultant shall provide a cagy
of such policy
and the declai"anon page of the existing policy to City tbxaugl~ its City A.tto~~ley,
siznultaneously v~itla the e~ecutian of this Aree~r~ent.
9. T~RINATI01~ OF A~R~~IVI~N~T
A. ~n connection with the arl~ outlined iii tlii ~i"cement, 1t 1~ ~.~reed and fully understood by
Consultant that pity nay cancel or indefinitely suspend fug"thee" ~vark l~e~"eunder ar te~•rninate
this Sgt"eexxient at any tit7le upon written IlatiCe to consultant, ansultant shall cease alI poi"~
and labor being pcrfarmed under tl]ls Agr eement~ Consultant inay tertr~inate this Agreement
by givixag City ~0 days written notice that Consultant is no longer" ~n position to continue
representing City. Consultallt shall 1nvalce ~ity fog" all ~rorl~ atisfactoi"ily completed and
shall be compensated in accordance lth file terns of this AY'eerrlent, All ~•epo~"ts lid other
documents, ar data, or ~orl~ related to the project shall become the property of City upon
tel~lninatlon of this Agreement,
This Agreement ~x~y be terminated iii v~rhole or in pal"~, in VLlriting, by either party in the event
of substantial failure by the other" pat"t~ ~0 fulf~~~ itS a~1X~;~.tlOn UI~C~~r ~~11 A.~reet~net7t thr"augl~
no fault of tl~e tee",inating party, Provided, ho~rever, that no such tee"rninatio~~ mar be
effected, unless the other party IS given ~ ~ ~ ~i"ittcn notice ~deliv~ei"cd by certified inall, retu~•n
receipt x"equested} of 1nte~~t to tee"urinate, and not less than calei~dai" days to cure the
~~r~nv,ri Amat~rl~r~ f`''nnfy~rt Pnr A~~nf~ccinr~~1 ~ t~c~;~1 ~rvi~~~ - P:~~~ ~
Al\!V►PA1L%4 A AA A AV AAI#V~F 4I U114L L4VL i Vi 1 1 V A., VV F.. a44~y♦ ~wlw 44a h.+Va i+VVV i Nl)v -
Failure; and an oppox~~unity far cons~~ltation Frith the tel~Ilinating party prior to
ternlxnatian,
. Nothing contained herein or elsewhere in this Agreement shall requzre City to pay for any
~va~•l~ which is unatifacta~•y a~• which i ~~ot sub~rlitted in compliance v~ith the terms of ti~is
Agreen~e~lt.
l AI~TP~I~IATP~ DIPUT~ R~~LUT~~N
Consultant agrees that, if necessary, it mill use its best efforts to resol~re any disputes
regarding tl7o Agreement th~'ough the use of mediation ar other faI•ms of alternate dispute
resolution set forth in Claapte~• ~ ~4 of the Texas Civil Practice and Re~nedies Code.
11, P~NTIRE A~~I~~NT
This second A~r~endn~ent to the Contract for Professional el~ices ~~ep~•esents the entire
agreement and understanding betv~een the parties, anti any negotiations, proposals, or oral
ag~'eements a~•e rntended to be integrated herein and to be superseded by this v~ritten agi'een~ent.
Any supplement or amendment to this Aree~r~ent to be effective shall be in writing a~~d signed
by City and Cansultant~
l~~ COlVIPLIANCP~ KITH LAST
Consultant shall comply v~ith all federal, state, and local lames, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read o~• hereafter be
amended, including but not limited to the Texas Discxpiinary pules of ~'rofessional Conduct.
1. GO~V~.N~~ f,A'
for the pu~~ase of dete~•x~~~~.g place off' a~•eeY~~e~.t az~d iav~ go~e~•~~ing same, this
Agreement is entered into the City and County off' Denton, Mate of Texas, and shall be
go~e~•ned by the lavers of the state of Texas, 'Venue and jurisdiction of any salt ar cause of act~an
arising under ar in cai~nection with this Agrecia~ei~t shall be exclusively ii] a court of competent
jurisdiction sitti~~g in Denton County
1 DICRIIYNATYO~ P~O~~B~T~D
i
In pe~'forrning the services ~•ecluired hereunder, Consultant shall not discr~n~~nate against ~ i
airy person an the basis of race, color, religion, sex, national az•igin ar ancestry, age, or physical
handicap.
15 ~ PES~NI~PJL
A, Consultant represents that it loos a~• gill secure at its a~rn expense all personnel required to
perfa~-n~ all the services rc~uired under this Agreement. such pe~'sotu~el shall not be
employees o~• have any contractual relatloi~s with City. Consultant shall infai~na pity of any
~~~enrlr~ ~lrrrenrler~ C'rrntract Fnr Prnf~~si~n~~ Y,e~al .~ervic~s - Page
Conflict ~f 1~7t~~"eSt ar pOtent~ai Corlfllct of tllte~`est tl~at Z~~~y arise during the ter'n~ of this
Agreen~cnt, in accordance with Consultant's ~`cspansibilities under the Texas Disciplinary
Rules of Professional Cand~~ct.
B, All services required hereunder mill be peg"formed Callsll~tant under` its di~•ect
sllper~rlsion. All personnel engaged in ~U~x'~ shall be qualified and shall be authar~~ed a1`
permitted under state and Racal lames to perfarix~ such services,
1 A.~ZC~IABILITY
Coxasultant shall not assign any interest In t111s Agreement and shall not t~`anfer any
interest in this Agreement Whether by assignment, navation, ox• othe~~se~ without floe p~`lor
written consent of City thereto.
17, F~~RA~~IT~
All agreements anti covenants contained herein are severable, and in the event any of
them, with the e~ceptian of those contained in sections headed "cope of Services",
"Independent Contractor Relatlanship," and "Compensation and ~rlethad of Payment" he~+eof,
shall be held to be invalid by any court of competent jux`isdictian, this Agreement shall be
interpreted as though such invalid agreements or covenalltS mere not Co~taln~d he~`e1n~
~ RF~PON~BILITIF~S FOR C~A.~l1~S ACID L7AB~LrT~'
Approval by City shall not constitute nor be dee~ncd a release of the responsibility and
liability of Consultant for the accuracy and competency of its work; nor shall such appreval be
dcen~ed to be an assun~ptian of s~~ch responsibility of City for any defect In any 1~eport o~~ other
documents prepared by Consultant, its ctnployees, officers, agents and consultants,
I ~ OI~IF~CATrON OF AORF~FIIVIFJNT
Na waiver or madifcation of this Agreement ot` of any ca~renant, condition, or lirnit~.tion
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any ~vaivc~` or modification shall be off~~`ed o~` received in evidence
il~ any proceeding arising between the pa~`ties hereto out of or affecting this Agreement, a~~ the
r~gl~ts or obltgat~ans Df the parties llereunder, unless sucl~ v5raiver ar madil"ication is in v~riting,
duly executed as aforesaid; anti, the parties fi~rther agree that the pz~ovisians Qf this section will
not be waived as herein set forth.
CAPT~O~IS
The captions of this Agreement are far inforrr~ational purposes o~lly and shall not in any
may affect the substantive terns conditions of this Agreement.
~ec~t~r~ Arner~r~~r~ ~'n~~fr~ct Fnr Prnfe~sir~~~a1 r,~~al ~ervice~ ~ Page 7
L. ~ ~ D1~V LJ~1V V ~~~~4T
This ~reen~ent shall ~e ~~nd~ng ~~pon ~~~d inure tQ the benefit o~ t~~e ~a~ties hereto and
their re~pect~~e he1r~, e~ceutDt'S, ~C11~~11171s~I'~.tOZ's, ~ eft"esentat~~e~, sueees~o~"S, and as~~n
~~e~ e pe~-~n~tte~ b~ this A~ree~nent.
IN IT~I~ the its of Denton, Texas, has ea~~se~ this Second ~inende~
contract fog' Legal e~"~xces to tae exe~ute~ by its c~ul~ ~.ut}~o~'i~ed ~t~ Il~a~~ae~•, a~~d ~t~u~fia~~t
1~a~ e~ec~xte tl~~s Agt"ee~nent t~ll"OU~~1 Its C~lil~ ~U~~1~t~i~e~t ~~~~der~ig~~ec~ par•~ner, dated this t~~e
~ta~ off' ~ , 20~8~
CITE DE~IT~~I
BY; E~RGE AN~PBELL,
~T~ AN~~R
ATTEST:
~EI~N~F~~ 'A~T~., QTY ~R~TARY
B.
APPR~~IED AS T~ LL1~L FO~1VI:
DIN I~YD~R, CITY ATTOI~Y
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AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the Unreserved Fund Balance of the General Fund with Certificates of
Obligation with an aggregate maximum principal amount equal to $500,000 so that the Facilities
Department can begin the renovation of space at the City of Denton Police Department; and
providing an effective date.
BACKGROUND
The Facilities Department is utilizing $500,000 in Certificates of Obligation for the renovation of
office space at the City of Denton Police Department for FY2007-08. The Certificates of
Obligation will only be issued to cover the cost of renovation at the City of Denton Police
Department. Initially, these funds will be provided by the Unreserved Fund Balance of the
General Fund and will be reimbursed with Certificates of Obligation sold in fiscal year 2007-08.
These funds will be used for the City of Denton Police Department renovation that was approved
as part of the 2007-08 Adopted Budget and the 2007-08 Capital Improvement Budget. The
attached memo from Bruce Henington, Facilities Director, provides a more detailed description
of the project.
PRIOR ACTIONIVIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow $500,000 from the General Fund unreserved retained earnings to be
expended and subsequently reimbursed with Certificates of Obligation.
EXHIBITS
Memo from Bruce Henington
Respectfully submitted:
Bryan Langley
Director of Finance
I
1
1.
•
I
604 E. Hickory * Denton, Texas 76205 * (940) 349-7200 ~ Fax (940) 381-5313
Bruce Henington, Executive Director Facilities Management & Fleet Services
MEMORANDUM
DATE: March 4, 2008
T0: Honorable Mayor and Members of the City Council
FROM: Bruce Henington, Executive Director of Facilities and Fleet Services
SUBJECT: Reimbursement Ordinance/ Police 2008 Renovation
Facilities Management wanted to take this opportunity to provide more information on the
proposed Reimbursement Ordinance and Police Expansion project and explain the need to
start the project earlier than the annual summer bond sale. The following information will
describe the components of the building expansion, the anticipated budget, and the
management of the project.
The 2007-08 Budget includes the issuance of $500,000 in Certificates of Obligation (CO's)
bonds to be sold this summer for City Hall East renovations (Police Dept. Expansion). At
the February 12, 2008 City Council Planning Session, Police Chief Roy Minter described
the Police Department Operations and the need for more space as soon as possible. The
proposed Reimbursement Ordinance will allow staff to begin the design and construction of
this project in March of this year rather than wait until later in the summer.
The expansion includes the renovation of approximately 1,400 square-feet of existing space
and approximately 7,600 square-feet of new space located on the east end of City Hall East
in the area recently vacated by Morrison Milling.
The renovation should accomplish the following:
a. Anew Traffic Section office for 10 people for use during all shifts
b. Anew larger Report Room for use by all shifts
c. An office for the Traffic Sergeant
d. Offices for the Investigators now housed in rental space
e. Six new offices shared by 12 Patrol Sergeants
f. Anew office for the Operations Captain
g. Three new offices for Operations Lieutenants
h. A radio storage and battery charging room
i. A Squad Room used by all shifts
j . One office for the Reserves
k. One office and store room for the Environmental Enforcement Officer
1. Anew Weight Training Room
J---- - - J'-
www. citvofdenton. com
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Reimbursement Ordinance/Police 2008 Renovation
March 4, 2008
Page 2
The total construction cost of the project is estimated at approximately $700,000, excluding
Facilities Management staff time for construction management, which is estimated to be
approximately $20,000. Construction management is already a component and function of
the Facilities Management annual operating budget and no additional resources are required.
The $500,000 in COs sold this year will provide partial funding for construction of this
project. Savings from other available CO's from previously completed facility projects that
came in under budget will be used for the balance of the $700,000.
Facilities Management will be the general contractor on the project and will subcontract to
local vendors as much as possible. It is not uncommon for Facilities to be the general
contractor on small jobs or non complex jobs like the Police expansion. The advantages of
this approach for this project include the following:
1. The expansion and renovations are in a sensitive and secure area which will need
constant attention.
2. Serving as in-house general contractor will allow for an early project completion and
possibly save money.
3 . The project is not complex and will require minimal professional disciplines. An
architect will be required (state law) to draw and stamp the wall structure, the electrical,
and data systems. In this process, the architect will only have to hire one engineer. An
electrical engineer will be needed to draw the service from an existing electrical panel
located in the sally port of the Police Department to the new sub-panel that will be
serving the added space. There are no structural changes, civil requirements, nor any
water or waste water in the project. The air conditioning and heating system will be
purchased with the "buy board agreement". This agreement provides design and quoting
documents so local vendors can quote on the installation. The architect will not oversee
the construction since Facilities is overseeing the project daily. This process will save money on an architect's fee.
4. Staff will follow all purchasing laws and procedures regarding quotes and bidding. The
only discipline anticipated to be bid is the electrical portion and possibly the wall
construction. When bids are not required, staff will obtain competitive quotes. Due to the
expenditure authority of the City Manager, currently $100,000, it is likely that the
majority of these expenditures will not require official action from the City Council.
Upon approval of the Reimbursement Ordinance this project can begin immediately. Staff
wanted to provide this additional detail since individual expenditure amounts for
components of this project will be below the $100,000 approval limit requiring City Council
approval. Total construction costs are estimated to at approximately $700,000. Construction
management expenses are included as part of the Facilities Management annual operating
budget.
In the event of major project changes, changes in the scope of the project, or total project
costs appear to exceed estimates as provided to City Council, further direction will be
sought. Periodic process reports will be made to the City Manager and passed along to the
Clty COU11c11.
s:l~ur ❑ocutner~tsl0rdinancesl081Reimbur~ement-Police Dept.doc
AN ORDINANCE OF THE CITY DENTON, TEA, TO DECLARE THE rNTENT TO
REIMURE EXPENDITURE FROIVI THE UN~REER~ED FUND BALANCE OF THE
ENE~.AL FUND wITH C~~T~F~CATE OF OBLICATZON w~TH AN AC~RECxATE
M PRINCIPAL AMOUNT EQUAL TO ~~~,~0~ ~ THAT THE FACILITIES DEPARTMENT CAN BEGIN THE RENOVATION OF SPACE .AT THE CrTY OF DENTON
POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
wHEREA, the City of Denton the "Issuer"} is a n~ur~icipal carparationlpolitrcl
subdivision of the state of Texas; and
WHEREAS, the issuer expects to pay expenditures related to the renovation of space t
the City of Denton Police Department, which was approved in the ~~07-~~~5 Adopted Budget
and the ~~07-~~ Capital Improvement budget and are described in Attachment "A"; and
w~EREA, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the patent of such expenditures will be appropriate and consistent with the lawfl~l
ab~ectives of the Issuer and, as such, chooses to declare its Intention, in accordance with the
provisions of Section 1.1~~-2 Treasury Regulations, to reimburse itself far such payments at
such time as 1t Issues the obliat~ans to finance the Pra~ects; NOS, THEREFORE,
THE COUNCIL OF THE CITE OF DENTON HEREBY ORDAIN:
SECTION 1. The Issuer reasonably expects to incur debt, as one or mare series of
obligations, with an aggregate maxirrlun~ principal amount equal to ~0,~0~ for the purpose of
paying the costs of the Project} asset forth in the attached Attachment "A", which is made a part
of this Ordinance for all purposes as if incorporated word for ward herein.
SECTION All casts to be reimbursed pursuant hereto will be for the renovation of
space of the City of Dentan Police Department as authari~ed by section ~71.~4~a~~l~ of the
Texas Local overnxnent Code. Na tax-exempt obligations will be issued by the Issuer in
furtherance of this resolution after a date which is later than 1 months after the later of {l~ the
date the expenditures are paid, or ~2} the date on which the property, with respect to which such
expenditures are rriade, is placed in service. That all amounts expended from the Unreserved
Fund Balance of the General Fund for the Prof ect set forth in Attachment "A" to pay any costs of
the Pra~ect shall be reln~bursed from Certificate of Obligation band proceeds within the 2~a7W
Z0~8 fiscal year.
SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this Ordinance more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION This Ordinance shall beco.e effective inediately upon its passage and
approval.
i
S:IOur I~ac~men~sl0r~inances1081Reirnbursement-Police ~ept.doc ,
r
PAID AND APPO~D phis the day of , 2005
PARRY R.11~cNErLL,1V~,Y~k
ATT~T:
J~NN~'ER ALTEk, C~T~ E1~TARY
BY:
APPR~~ED A T~ LEA FARM
~DIl11 NI. I ATT~RN~Y
BY.
Page 2 0f 2
i
.ttchn~ent A
enavation ~ian~ for the it~r ofDentan Police Department
Nevi Tr~.ffic Writing Roam
New Larger Report Room
Traff~e ergeant' ~fflee
Invetiator~ office
Patrol sergeants' tx N~e Dff~ces
per~tivns Captain's ffce
per~tians Lieutenants' - Three Nevi ~ffrces
Radio storage and Batter charging Roam
squad Raom
Reserve officers' ~ffce
Envirernenta~l enforcement Offrcer' office
Ne~v Weight Training Room
ertifieate~ of Obligation ~~~,000
i i
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Emerson Vorel 349-8271
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding atwo-year contract
for the mowing of two cemeteries for the City of Denton Parks Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3975-Two-Year Contract for
Mowing of Cemeteries awarded to the lowest responsible bidder in the annual estimated amount
of $66,020 for a two year award amount of $132,040).
BID INFORMATION
This bid is to provide mowing, trimming, edging, litter removal, color bed maintenance, and
backfill of sunken grave cover material for IOOF and Oakwood Cemeteries.
RECOMMENDATION
Award all items to the lowest responsible bidder meeting specification, Firehouse 22, in the
annual estimated amount of $65,520 for mowing and $500 for backfill services for a total
estimated annual amount of $66,020.
PRINCIPAL PLACE OF BUSINESS
Firehouse 22
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The term of the contract shall be for a period of two years from the date of Council award, with
the option to renew at the end of the period. The contract maybe renewed twice for a period not
to exceed one year per renewal. Renewal shall be at the sole discretion of the using departments.
FISCAL INFORMATION
This service will be funded from account 402140.6545. Requisition number 86172 has been
entered in the Purchasing software system.
Exhibit 1
BID #3975
DATE: February 21, 2008
TWO-YEAR CONTRACT FOR MOWING -CEMETERIES
ITEM DESCRIPTION VENDOR VENDOR
VMC Landscape Firehouse 22 Services
Principle Place of Business: Dallas, TX Denton, TX
1 Annual Bid for Class B mowing and planter bed maintenance of $84,640.00 $65,520.00
cemeteries as specified, 20 cycles per year
2 Oakwood -Price per Cubic Yard for backfill of sunken graves as
specified $70 per Cu. Yd. $20 per Cu. Yd.
3 IOOF -Price per Cubic Yard for backfill of sunken graves as specified $70 per Cu. Yd. $20 per Cu. Yd.
Bid Bond Yes Yes
Addendum 1 Yes Yes
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ATWO-YEAR
CONTRACT FOR THE MOWING OF TWO CEMETERIES FOR THE CITY OF DENTON
PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 3975-TWO-YEAR CONTRACT FOR MOWING
OF CEMETERIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE ANNUAL
ESTIMATED AMOUNT OF $66,020 FOR A TWO YEAR AWARD AMOUNT OF $132,040).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3975 1-3 Firehouse 22 Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r ~
5 ~ , ~
BY: 3-ORD-BID 3975
Exhibit A
BID #3975
DATE: February 21, 2008
TWO-YEAR CONTRACT FOR MOWING -CEMETERIES
ITEM DESCRIPTION 1fENDOR
Firehouse 22
Principle Place of Business: Denton, TX
1 Annual Bid for Class B mowing and planter bed maintenance of $65,520.00
cemeteries as specified, 20 cycles per year
2 Oakwood -Price per Cubic Yard for backfill of sunken graves as
specified $20 per Cu. Yd.
3 IOOF -Price per Cubic Yard for backfill of sunken graves as specified $20 per Cu. Yd.
Bid Bond Yes
Addendum 1 Yes
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC),
Buy Board Cooperative Purchasing Network, and the State of Texas Building and Procurement
Commission Department of Information Resources (DIR) under #DIR-SDD-531; for the
acquisition of five radars, ten mobile data computers, and twenty one light bars for the City of
Denton Police, Fire, and Public Works Departments by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 3990-Interlocal Agreement for the purchase
of Miscellaneous Equipment for Police, Fire, and Public Works Vehicles awarded to multiple
vendors as listed on Exhibit A in the amount of $111,406.56
FILE INFORMATION
This equipment is for various pieces of equipment for General Fund vehicles that were
previously approved for purchase on January 8, and February 5, 2008, respectively. A list of the
equipment to be purchased and the department requesting the equipment is listed below:
Item Description uant. Price Ea Department Contract
1 Radar Packaging Police Vehicles 5 $3,265.00 Police H-GAC
2 Panasonic Toughbook Mobile Data 10 $4,755.00 Police DIR
Computer
3 Patrol Light Bar Package 4 $3,333.72 Police Buy Board
4 Traffic Light Bar Package 5 $3,219.72 Police, Code Buy Board
Enforcement,
Streets
5 Miscellaneous Light Bar Package 7 $1,189.59 Parks, Public Buy Board
Works
6 Fire Light Bar Package 5 $1,954.19 Fire Buy Board
$111,406.56
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved the Police vehicle purchases on January 8, 2008 and the General Fund
vehicle purchases on February 5, 2008. All listed items were approved in the 2007-2008 budget
process.
Agenda Information Sheet
March 4, 2008
Page 2
RECOMMENDATION
Award the purchase of equipment to complete the equipping of vehicles for operation, through
Interlocal Agreement contracts to the vendors listed below for a total award amount of
$111,406.56.
ITEM
NUMBER VENDOR AMOUNT
1 H-GAC/Stalker Radar $ 16,325.00
2 DIR/ CDW-G $ 47,550.00
3-6 Buy Board/GT Distributors $ 47,531.56
$111,406.56
PRINCIPAL PLACE OF BUSINESS
Stalker Radar CDW-G GT Distributors, Inc.
Plano, TX Chicago, IL Austin, TX
ESTIMATED SCHEDULE OF PROJECT
The delivery schedule for this list of equipment varies from 30 to 180 days after receipt of an
order.
FISCAL INFORMATION
This equipment will be funded from the following sources:
Department Account Number Dollar Amount
Police 810007458.1355.30100 $93,308.48
Code Enforcement 810022458.1355.30100 $ 3,568.77
Building Inspections 81001245 8.13 5 5.3 0100 $ 2,3 79.18
Parks 810020458.1355.30100 $ 1,189.59
Streets 810024458.1355.30100 $ 1,189.59
Fire 810014458.1355.30100 $ 9,770.95
$111,406.56
Requisition numbers 86202, 85203, 86204, 86205, 86206, and 86207 have been entered in the
Purchasing software system.
Agenda Information Sheet
March 4, 2008
Page 3
EXHIBITS
1: Equipment Quote Sheets
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3990
Exhibit 1
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www.Cfl~~.cam ~ ~ ~ ' ' ~ ~0~-5~~-~3~ JTM~888 995890 21~6~~aos
~ TIFFANY ~TEI CYTY OF DENTON POLICE DEPT
~ 6Q1 E HICKORY ST STE E ~ 6Q1 ~ HICKORY ST STE E
L ~ ~ CSTY OF DENTQN POLICE DEPT P TIFFANY WEI
DRNTON~ TX 76~~5-4305 T DENTONf TK 7625-43Q5
O ~ Contact; TIFFANY WTI 940-349-7816
Customer Pt~or~e# 9403497$16 Customer P,O. # CF-~~ TOUCHBOO~CQUOTE
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DANIELLE KRA~TIS~ 866-339-3641 UPS Deferred Groun MasterCard/Visa Go GOVT;EXEMPT
10 1348Q14 BTO PAN TE CF30 L750Q BQGH 1GB KP 41Q2.Q0 41Q20,QQ
Mfg#: PNB-CF-3QFASAZANi
Contract: TX PANASONIC DIR-SDD-531 DIR~SDD-531
l0 1475649 PANASONIC COMBO DRIVR MM POCKET CF30 X36.00 ~36Q.0~
Mfg#: PNB-CF-VDR30lU
Contract: TX PANASONIC DIR-SDD,531
DIR-SDD-S31
1Q 470719 PAN TOUGHBOOK NO FAULT WARR YR 1,2,3 24Q.OQ 24QQ,QQ
Mfg#: PAW-CF-SVCLTNF3Y
Contrast; T~f PANASONIC DIR-SDD-531
DIR~SDD-531
1Q 142762 PAI►~ASONIC 1GB cF~a CF~4 r~3~19/30 9$.00 980.00
PNH-cF-WMHA601G
Contract: TX PANASONIC DIR-SDD-531
DYR-SDD-531
~ED4~ CHARGE GUARD f~*QV f~1JrU~
Mfg#: LAW-CG
Contract: TCPN CON~TRACx #84713
84713
---___--_w__-- INSTALL SUMMARY - -
1348Q14 BTO PAN T~ CF3Q L75Q Qty: 10
Items to be installed 142762 PANASONIC 1GB CF52 C QTY: 10
OPERATING SYSTEM: Windows XP
BUI~ 111~1~~ ~NFr~E~IE. D1J1J ~ A F~ TOTAL ~~~~E Continued
CDW Government, Inc ~ P1ea~e remif pay~rerrf fo.' 23 Q North Iii lwaukee Ave . CD~V ~overnmerrf, {rrc.
Vernon Mills, II, 6Q061 ~5l4erniffanCeD~i~e
General Phone: 847-371-50QQ Fax; 847-419-6200 wife X515
Account Manager's Direct Fax: 312-X05,8247 hrcag~, !L 6~6T5-95~~
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~ TIFFANYY WEI CITY OF DENTON POLICE DEPT
~ 501 E HICKORY ST STE E ~ ~~1 E HICKORY ST STE E
~ ~ ~ CITY' 4F DENTON FOLTCE DEPT ~ TIFFANY WEI
T DEI~TQN, T~ 7605-435 T DENTOI~, T~ 7605-4305
~ p Contact: TIFFANY WEI ~~~-34~-781
bus#omer Pl~otte ~ 94 0 3 4 9 7 81 G ~~stomer ~.0. ~ CF- 3 0 T~[~GHDOQICQUOTE
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cnw government, InC , Please ~er~i~payrnen# fo: 23D North Milwaul~ee Ave. DNI~overnmerrf, lnc.
Vernon T3ilis, IL 6061 T5}~en7l~#anceDrive
General Phone. 847-37i-~~~0 Fax: 847-41~-600 wife ~5~5
Account Manager's Direct Fax: 31~-7~5-8~4? ~~icago~ lL 6067~15~5
`~(~uat:::~:: ~rEao22~24
- 21712008
T f)fstrfbutors -Austin
P.. Box ~G08~
r Austin T~ 7 87G~
X51 4~~ -898
Bill To. f~i To: p
Denton, City of Der~tor~ Cit of
Accounts P~yab~o Y G0~ E. Hickory t
~t 5 E Mof~innoy Rust Newel
Denton T~ 7~2~~ y Denton T~ 7209
arc ae~~ rde~ No,, Custorner~l~ ~ : . dales erson~ 1D... ~h~ ~n Method Pa : ent~"~e~m R~ -phi .:Date l~les
MARKED UNiT DD9294 DH I=ACTDRY DIRECT NET 15 ter Igo: D a0 - : 99 22 22 .
m . . ~uant~t 1 ~ . , . . . . . ~ u er ~e~rl i . . ~~C~~:.:... x . 4 ICE-SVII8RR8B* INhelen-LFL Liberty SIN 48"
Lightbar EA Ge
$849.87 ,99.48
~ 2 INE-LDAA* Wheler~-500 series Linear LED Flashers-Ambe EA ~ 89.86 ~ ~
38.32
4 1~IfE-SLnRR* {Nhelen-Inboard LED-Red-Red EA 169.8fi 67 $ 9,44
4 ~J1IE-SLDBB* V~helen~lr~~oard LED-Blue-81ue EA 1 X9.85 .4
9 4
4 UVE-~~TDLED* V1~helen-Super LED Takedown Lights Each $264.83 81 8,~2
4 1NE-SXAM1 ~ heien-NfR11 Flashing Alley Lights EA 68.14
$ X232.56
4 INE-MKE~47* V~llalen-Craws Vic Strap Kit EA
$2G.22 X164,88
4 VISE-FPOCS* V11helen Headlight Fiasher'~6 Ford CV EA $38.19 ~ 52.7 $ ~
4 l~IlE-25LA5* heien-New Version 295HFASA6 wfcan LocE Each $338.36 1 34.2
~
4 E-A3t4B* V~helen 122 dB Black Epoxy Speaker EA $160.7 549. 68
4 UVE-ABKTf7* I~fhien-2003 FCV speaker M#. Bracke# EA $17,67 $70.68
4 HS-~-fi400* Havis shield-01400 Console EA X149.48 597.
92
4 HS-C~TM-CV* Navis field-Track Ma~r~# het Up-D6 Ford Crov~ EA X88.06 32.24
4 H-C-ARM-1 D-TM* Havis Shield-Neer Arrn Rest-Impala-Charger EA
X84.75 X339.00
~ Pfi-P2912FIJ-P} Progard-Partition 112 Expanded Metal fill filar; Each 474.94
$1,883.76
All returns must ~e authorized by ~T Disiri~utors~ Interest charges on past subtotal - . ~ ~ due invokes at the maxlrnum rate ailvwed by iavu, t3 334.88
. l~is~.. ~ X0.00 Your salesman is Prey#an. Thank you. Tax . g.0
D Buyboard contract pricing #220-p5 ~l~i~ei ~ .
t~~~~::~ ~ 0.00 FOB Dcst . .
~Tat~~~ : X13,834.88
1
~~at::~~~: Q~E4~~~1~~
Date.- ~111~008
~~a ~e~ . ~
T Distributors ~ Austin
P.~. Box 1 ~~8~
Austin T~ 787G1
Bill To: lei To:
Denton, City of Denton, Cit of
Accounts Payable y H+okory t
~ Mc~~nney Attn: Lt Burns
Denton T~ 1~~0~ Denton ~'X 109
. urchase~.~rder~l~la~~~ , . Gustomer.lD~~ ~ ~e~so~n~l~ - phi in ~ M~th~d~~ Pa ~ ~~er~tTe~n~ . Re ;h"r ~ date Faster Na:
TRAFFIC CARS OOa~9~ DH FACTORY DIRECT NET 15 01010000 43~ X18 . . , . .
uan . ~ . . w. e~ umber~~ Descri t~or~: . n~ r~~e E~t:~ Price ~ . 10 USE-R022CR* Vllhelen-TIRO Linear LED Red Each , $59.85
598.5
~ 0
5 WE-IO~LRBL* 1l~helen-Inner Edge Rear 8 LED EA $58653 $~,93~.65
~ ~ UVE-sBO~~CR* wl~elen-TIRO Linear LED Blue Each $59.85 $598.50
5 IIVE-MBPC98~JJ* V~l~elen-Pair of LED Mirror Beams plil Rfg Each X194.94 $914.70
5 E-LA1~~RB V1II7elen Univ LED Hide Away RB EA $38.83 $1,194.15
5 WE-LAIJII~~R Wheien Unwensar Led Hid~~way Red EA $38.53 $1,194,15
5 V1fE-FPOCS` UVhelen ~ Headlight Rasher'06 Ford CV EA $38.19 $199.95
5 WE-~95LBAfi} Vllhelen-New Version ~95HFA61Nloan Lock Each $335.39 $1,681.50
10 DIVE-A314B* whe~en 12~ dB Black Epoxy Spea~Cer EA 164.1 X1,601.10
14 ~lUE-BABFCTI7` VUheler~-~oas FCV speaker Mt. Bracket EA 17.fi~ 17B.~Q
5 Hs-C-1400 Havis Bhield-01404 Console EA X149.48 741.4a
5 H-C-TM-CV* Havis shield-Track Mount het Up-05 Ford Cron EA $88.05 $440.3a
5 H-C-ARM-IO-TM* Havis shield-New Arm Rest-Impala-Charger EA $84.x5 $4~3~75
5 PG-P~912FD4B* Progard-Partition 11~ Exp Metal 11~ glass Each $410.94 x,354.70
5 VISE-LPMNlAA~ INhelen-limlighter-Amber-Amber-Tir6 EA ~►197.~9 $988.95
All returns must be authorized by GT Distributors. Interest charges on past :~u~tatal 16 498. due invoices at the maximum rate allowed bylaw. ~ 60
~I~sc~~ 0.00
Your salesman is Preston. Thank yau. ~Ta , ; ~ : , , 0,04 x-,,.,.. Buyboard contract pricing #2~0-45 Frei ht~~!:.~:~~,~~~;:~~;: $0,00
FOB Dent
:Tat~i ~ $16,898.64
~Quote~~ QTE~O~~7~5
ate ~1111~008
Pa .e~~ 1
T f)istribu~ors -Austin
P.O. Box i X080 • ~
Austtrt TIC 78761
~~~-s~~a
BiffTo: hipTo:
Dentont pity of f~~ntan, pity o~
Accounts Payable fi~1 E. H~cka~y t
~ 5 E Mc~Cfnney quite E
Denton TX 75a1 Denten T~ 7G~g
P~rc~se Order ~V~: ut~mer i~::.. dales ~rso ID.:~~ hE~~. I~.. Method Pa rent Terre Re ~hI ~.~~at Itillaster.~Io
INNELEN 00094 DH FACTORY DIRECT NET 1 ~ 01010000 4~~,~~6 .
~ i'... em um er Qescr~ ton r~~ ~ r ~e~ E~ct~ Price ~ 7 VIf E-1N~AAAA* INhelen LFL Liberty ~ INeCan ~4 Eaeh $849,6T 5 949.09
t 4 ~IIE-~DAA* UVnelen-~00 series Linear LED Flashers-Ambe EA $f 69.86 $~,318.O4
All returns rnust be authorized by GT Distributors. Interest charges an past ubtota~ - ~ ~ ; ; . s 321.1 due invnlces at the maximum rate allowed ~y law.
Mist 0.00 Peter Hernandez Tex ~ ~ ~ 0.00
B~yBaard contract #220-05 Frei ~t~~.:: 0.00
FHB best ~ .
4
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gate X11 ~1~0~ -
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diSt~lb~t~r - Austfn x
P.~. ~vx ~ BOBS 1 ~ ; .
Autfn 7'~7G~ ~ .
X51 ~~~9$ ~ ~ ' , :
~if~ To: f~~ T~: - ~ . ~
M1 Denton, qty of ~~nton ~
~ocaunt ~a ~b~e ~f ~ Dentin 7~C 1fi~9
X15 ~ l~c~tnney ,
Denton fi~ ?fi~~
urc#~~°~rder No. ~~tarner If] - ales erso~ t~ ~i ~ ~ ` ~ Me~h~~ P~ apt Yer~~ f~~ ~h~ D~~e Maat~r ~a. ; { ~ ~ WHE~EN ~ ~ Qi~~~94 DH
F~fi~RY ti~iR~T ~5 ~1~I~O~a 4~~,54~ 4t~~tr#i item f~fumber Daacrf #f~n
~ 1N~-A~.PHA1~R' ~~elen AI h~ Sri U~M ~It P~i~a ~x~. rI~ .
} ~ E~ALi~NA3 Whe~err ~ernate Swi#ch Fir Af~#~a ~A ,
Sian $~~.8~ ; . 5 W~-SA~~ 4~' ~IheCen 1 d~ Rlaclc ~p~xy e~ksr ~ ~ ~ ~ • ,
~ ~160t17 ~8~~.~5
5 1Niw-AB~T~' . yll~e~en standard speaker br~~ke# EA ~ 7,G~
X9,58 ~ -5 ~ i ,7 ~ • , d ~-i.A~NC' ~ V~h@~~rr-Un~~~ l~~ H~deau~a l~at }
y 4 INi -LAW~~R# Whe~~n Unive~ef LEA H~de~w~Y iced ~ ~e ~ ~ ~ , ~ -
3 VIE-VI~~RRRR' >~►I~~elen i.~L Ube Vld ~I~~an ' ~Y 54 Each $84957 ~,~9.~~
B WE-k~Ri~* #~heien-Inboard iiEQ-Red-Red ~
$~6~.8G X1,0#9~1~ ~
3 WE~I~~E~Bi`,, Whei~n~Q~B ~~~D ~~r~t ~ ,
~ .1
. ~ l~~-WBRRRR;:~ V~he~en L~~ Liberty V~ VI~eCan ~ ` ~ Each $849,87 ~~,~~9,?~ ~
. r 4 1NE-L~RR* ~ .s heienwi~boa~d L~D•~ ~ s~ , ed Rid ~q AA//~/~4 ///~11[[~/'~1 i//i~~~~ ~[]L•~
7 rF. r # . ~i~/~VY 1~h~~~1~T~ Y
E-i~li~~~4~' INheaen,Maur~# ~i#-Ranier PU
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1 ~ { ' ~1 ' y }
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Aif return •mus# b~ ~u~hor~xed by f]ttributors, f ~ ' ~ ' ~#~re~# charge on past ~~to~I ~ ~'~O.~d ~ ; ,
die fnv~~ce~ ~t #f~e max~mu~n tote alfowed fay ~a~r,
Peter !-ler , ~ ~ - ~ ~ #~~ac ~ ~`;Q~~ ~ ~ nand~z ~ ~'ax ,~,~yy]]
y~ ~ ~rV~ >~u ~ ~ Y ~~rd an~ree# pncir~~ ~0~~5 Frei ht ~ ~ ,
~~R nest x . , . . , ~ 1 ~ s ~ Tit#~ .'1 8 77~ ;
s ' .
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC), BUY BOARD COOPERATIVE PURCHASING
NETWORK, AND THE STATE OF TEXAS BUILDING AND PROCUREMENT
COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR) UNDER #DIR-
SDD-531; FOR THE ACQUISITION OF FIVE RADARS, TEN MOBILE DATA
COMPUTERS, AND TWENTY ONE LIGHT BARS FOR THE CITY OF DENTON POLICE,
FIRE AND PUBLIC WORKS DEPARTMENTS BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE
(FILE 3990-INTERLOCAL AGREEMENT FOR THE PURCHASE OF MISCELLANEOUS
EQUIPMENT FOR POLICE, FIRE, AND PUBLIC WORKS VEHICLES AWARDED TO
MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE AMOUNT OF $111,406.56
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, pursuant to Resolution 92-019, the State of Texas Building and Procurement
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC), Buy Board Cooperative
Purchasing Network, and State of Texas Building and Procurement Commission Department of
Information Resources at less cost than the city would expend if bidding these items
individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER VENDOR AMOUNT
1 H-GAC/Stalker Radar $ 16,325.00
2 DIR/ CDw-G $ 47,550.00
3-6 Buy Board/GT Distributors $ 47,531.56
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC,
State of Texas Building and Procurement Commission Department of Information Resources or
Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services
in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the above listed
agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC, Buy Board, or State of Texas Building and
Procurement Commission Department of Information Resources, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards
contained in the Proposal submitted to H-GAC, Buy Board, or State of Texas Building and
Procurement Commission Department of Information Resources quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-File 3990
EXHIBIT A
2007-2008 Miscellaneous Equipment for Police, Fire and Public Works Vehicles
Item Description uant. Price Ea Department
1 Radar Packaging Police Vehicles 5 $3,265.00 Police
2 Panasonic Toughbook MDC 10 $4,755.00 Police
3 Patrol Light Bar Package 4 $3,333.72 Police
4 Traffic Light Bar Package 5 $3,219.72 Police
Code Enforcement
Streets
5 Miscellaneous Light Bar Package 7 $1,189.59 Parks
Public Works
6 Fire Light Bar Package 5 $1,954.19 Fire
$111,406.56
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis, 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of ten Mobil Vision In-Car Digital
Recording Systems for the City of Denton Police Department, which are available from only one
source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive
bidding; and
providing an effective date (File 3989-to L-3 Communications Mobile Vision, Inc. in the amount
of $54,700).
FILE INFORMATION
This bid is for the purchase often color mobile video camera systems for ten new police sedans
that were approved by Council on January 8, 2008. These camera systems are especially
designed for the rugged use associated with a patrol vehicle. The system includes Digital Video
Recorder (DVR) which records to compact flash memory, VoiceLink Plus wireless microphone
system, Nite-Watch extended low-light color camera, color monitor and other options depending
upon application.
By purchasing the video camera system through L-3 Communications Mobile Vision, Inc., the
additional ten cameras will be compatible with the existing fleet's video camera system. The
required equipment, software and services are proprietary items and only available from a single
source.
Chapter 252 of the Texas Local Government Code exempts from the competitive bid process,
those supplies and resources protected by copyright or patent and available from only one
source.
RECOMMENDATION
Award to L-3 Communications Mobile Vision, Inc. in the amount of $54,700.
ESTIMATED SCHEDULE OF PROJECT
Delivery and installation of the camera systems can be accomplished within 90 days of receipt of
an order.
Agenda Information Sheet
March 4, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
L-3 Communications Mobile Vision, Inc.
Boonton, NJ
FISCAL INFORMATION
Funding for this item is available from Certificate of Obligation account 810007458.1355.30100.
Requisition number 86200 has been entered in the Purchasing software system.
EXHIBITS
1. Quote from L-3 Communications
2. Sole Source Letter
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote
Attachment 2: Sole Source Letter
1-AIS-File 3989
Exhibit 1
~o~i~~~~~o~~
~ Fanny Road ~~o~~.TZONNVM~E~: ~o~~~~~
~oon~~~, NJ D7'44 ~UQT~TI~N ~,~TE: z~~~aas
~8~~} -847
A,EESPERCN:
C~UT~MER N0. T~DENT2
.S, s<vi'< !.1., 2~` <,i°,< ,>1„ ><?.1 i1.~,1 ~:~it~.i `~H''~~. v. < ><f<>iSit #x#.Xd .~3'Q~Y!x:~t ~t't't:t<~<~<}it<is:.o-,1.;:.:::!~; <<
# x x< ,.,.Ec Denton Police Departrrient Dentar~ Police Department
90 i Teas street 90 ~ B Texas Sheet
Denton, TX 76~~9 DENTIN, TX 7b~09
C~N~'ZRM T~; dill-Ta Phone; X940} ~49~~ l a0 Lt Barns Bi11WTa p'ax: X940} 349-?9GG Page: 1
CU~TO~Vf ER P.D, SHIP CIA F.O.B, TERM
U~.' C~~UND BD~NT~N, N~ Net 30 Days
ITEM NI~MBER UNIT UAN'TZT~' IJNrT PRICE .MOUNT
~~-~~D~rS 1o.aa s,~9~.oa ~,9so.ao
Systerr~, P"lashbacl~
Flashback Digital V~idea System Assembly
MvD-~~~~~~ 9.00 a.aa o.oa
cable ~t, DvR ~o~rC
0~ ~ car with center console installation.
MAD-~~^~ ~~C~ ~.~o o.oa o.~o
cable ~.it, DAR, Ala oHc
a8 Ward Espedition with center console
installation,
M~rDWc~.H^~~T EACH 10.00 150.00 1,50a.a0
CXashBatt Assy
Assy,crash sensor,battery backup
customer to arrange far o installation.
~~~~~~I~E SOLACE PCHASE'~~~~~~~
Sx nin below is ire dren of a for~ad P.~. Your ~i~nature wild autl~ori~e acceptance Subtotal; ~ ~
o, f bvt#~ p~i~i~tg and ~rrodr~ct; l~ipp~ng & Handling: X50,00
ales Tax: 0.00
Signed _ _ hate ~~rd~r Total: 54,'~D~.00
U~TATY~N ~ VALE] ~'0~ ~U DAY'S
Exhibit2
c~m~ur~ii~n
~~~~~~•Vision, .
90 Fanny Road ~o~nton, NJ ~~0~~
~~o~} ~~~-s47~ ass-~ ~~o Fax: www,t_~~com,comlmv
Feru'~r 1 ~ X008
To Thom ~t ay concern:
Phase rote the followirx a our ~tatemeants perta,~nxng to L~3 ~o.unications
N~ob~.e-~is~on ~ne,'s ~~a~shba~c~T~' nlob~e digital video syste~as:
The FlashbackT~ digital video recording system is a sole sa~xrce product designed specifically, and only, by L-3 communications l~IobileRVision, Inc. The ysterr~ includes ~
number ofexclusive and
unrivaled components, including tl~e Flashback digital Video Recorder ~DVR}, oiceLir~l~~ ~'lus
wireless microphone system, the bite-atchT~ extended law-light color camera and the uni~rersal
monitor console,
The Flashback ~VR is solid-state ~no moving parts} and records tQ compact flash me~n.ory instead
of a spinning disk ward drive ar ~V~}, so it is virtually .aintes~ance-f~eee~ Tie system wifl tolerate
temperature extremes and physical shock far beyond the limits of hard drive storage. ~t also offers
value-added features ~~e pre-event recording and TR~~ video marking which enables fast and
accurate tracking of evidence discarded dur~~. chase sequence,
L-3 Mobile-Vision's universal n~anitar console includes a ~.~~inch color LC1.7 monitor, a speaker
with adjustable valun~.e, a~.d back.~t opratiana~ controls that duplicate those an the DVR, allowing the DVR to be secured in remote locations. Flexible mounting options
enable this universal
can~ponent to be fitted to the specific configurations of az~y law enfarcernent vehicle,
L-~ 1Vlobile-Vision is the sole source, provide~c of the VoiceLink ~'lus~ 9~~ ~z wireless microphone
system with ]digital spread spectrum technology. This exclusive L-3 1Vlabile-Vision product now
holds a patent in both. the United states and United l~ingdomF VoiceLink ~'lus b.as the ability to
synchronize the transrn~tter with any vehicle at the base unit installed in the vehicle, The transmitter
developed by and sold exclusively by L-3 ll~obile-Vision is the only trans~n.itter that will perf or~n this
important function with L-3 Mobile-Vision video recording systems digital ar analog},
L~~ Nrobile-Vision is also a sole source provider of the bite-'1'atch~'~ extended lowTlight color
camera, ~t boasts a 1 ~~x zoom capability and is one of the mast compact and lightweight cameras in the industry, enhanced nighttime perforznar~ce offers significantly
reduced glare and blaorn.ing,
backlight compensation control as urell as automatic zoom and focus capabilities. For superb
surveillance operations, the exclusive "bite-hatch" feature enables the camera to literally "see in the
dark"; it is the only camera on the market that will take a very low light, almost pitch black picture,
and not only allow the ~.ser to see it as if it were daylight but record it on tape as well. This camera is
also unique in that it can be rerriaved from its inicar mount and utilized in a rr~abiie, handheld
environment,
l~o~il~~Vi~~~,
9~ Finny Road ~oanton, NJ 07~D~
Tai. ~aoo} ~~~-~4~~ ~~7~} ~~~~~a~~ wuvw.l.-3c~m.com~mv
T`he Flashback system is based on a~ advanced 11~PE ~ compression algorithm which is then tailored £or the mobile law enforcerr~er~t enviror~ment~ 'chile standard
P~ I and 2 could be
used, to obtain equal quality of our :MI's 4 ~rideo, the resultant file sire would need to be several
times larger increasing storage costs, network load and straining wireless video transfer capabilities.
The Flashback system uses an advanced version of ~4 ~T P~4-l0} compression to
provide the highest quality video within. the least amount of memory. Il~ile standard 11~P 2
carnpressian atypically used on D and satellite operates at 1~-25 11~bps ~rnega bits per
secon.d~, these values are prohibitive far in-car applications For the typical stream sire corning from
an ire-car camera,l4~I'~G-~ would either be big, or not provide the quality required and ~'_I
would produce an inferior, small grainy picture. Utilising l'~~ and tailoring the compression
technigr~es, allows a bit rate selection from 20 l~ilo~its per second ~~0,000} to ~ eaBits per
second ~6,ooo,DOO}, providing much .ore storage space flexibility.
mother key feature Zvi Flashback is frame-by-frame {vs, file encryption utilising an ~l~-4
algorithm mathematical patter.}, essentially, this means that each video frame is ~tvater~narked,
gzvin the video its own digital fingerprint to verify the data integrity for the highest level of securit~r.
The Flashback systerri is also available for use on mota~rcycles. Because it is so corrapact, it easily
i~.stalls in existing storage areas while the solid-state quality allows it to ulithstand the vibration and
shock associated with motorcycles xts low power cor~sumptio~ {up to 80°/0 less than other systems}
makes it ideal far motorcycles. The flashback ycle~isionT~ was ~rrst to market and is the only
solid~state digital system a~raila~le for motorcycles. It's eternally mounted components ~~nonitor
console and carriera} are fully weatherproofed w~ sun shields four clear visibility in any conclitio~s,
~-3 ~~~.~-~isian' F~ashhack In-cap and ~~rc~eislon olai~e video recording systems are
the o~y praduct o~ the rnarl~et with these cona~onents, ~"eat~xres ar~d functions
'the F~aslribacl~~'~ dii.ta~ systems ca~ta only be purchased From L-~ ou~.lcatians
I~obiie-~Vislon, I~.c,
~gard~
lark ~avlak
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF TEN MOBIL VISION IN-CAR DIGITAL RECORDING SYSTEMS
FOR THE CITY OF DENTON POLICE DEPARTMENT, WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT
PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE
EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3989-
TO L-3 COMMUNICATIONS MOBILE VISION, INC. IN THE AMOUNT OF
$54,700).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3989 L-3 Communications Mobile Vision, Inc. $54,700
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r= ~
5 I
BY:
3-OR -File 3989
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of four additional software modules for the
CrewManager software program currently utilized by Denton Municipal Electric, which are
available from only one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements of competitive
bidding; and providing an effective date (File 3980-to Unique Business Systems in the amount of
$222,717). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
Denton Municipal Electric implemented the CrewManager software package in January 2006 to
manage j obs and schedule crews. This item is to add four additional activity areas to the current
software package. These areas are: Time Keeping, Custom Dispatch, Integration with Texas
One Call for Locates, and Custom Materials List. A complete description of each area is
included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1).
Unique Business Systems is the sole-source vendor for CrewManager software system. Section
252.022 of the Local Government Code provides that procurement of items that are only
available from one source, do not have to be competitively bid.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its February 11, 2008 meeting. Council
approved the purchase of the CrewManager software system on January 17, 2006.
RECOMMENDATION
Award to Unique Business Systems in the amount of $222,717.
PRINCIPAL PLACE OF BUSINESS
Unique Business Systems
Santa Monica, CA
Agenda Information Sheet
March 4, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
Implementation of the four additional software modules is scheduled to be completed 180 days
rom notice to procee .
FISCAL INFORMATION
The four additional modules in the amount of $192,100 will be funded from account
602240494.1360.3910. The annual maintenance cost in the amount of $30,617 will be funded
from account 600200.8535.3980A. Requisition number 86193 has been entered in the
Purchasing software system.
EXHIBITS
1. Public Utilities Board Agenda Information Sheet Without Exhibits
2. Proposal from Unique Business Systems
3. Sole Source Letter
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3980
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE: February 11, 2008
DEPARTMENT: Electric Utility
ACM: Howard Martin, 349-8232
SUBJECT
Consider recommending approval of bid and awarding a contract for the purchase of four
additional activity areas within the CrewManager software currently being used by DME to
manage construction job scheduling.
BACKGROUND
Denton Municipal Electric implemented the CrewManager software package in 2006 to manage
jobs and schedule crews. Through this implementation, DME has observed the potential to
streamline other activities in DME, which are being performed on disparate software systems,
onto the CrewManager platform. The greatest benefit of such an action will be the gathering,
managing and reporting of information within one single work management software.
DME is consistently looking for ways to increase productivity, keep cost to a minimum and/or
increase our level of customer service. To keep up the continual growth of our customer base
without adding staff we have to deploy better technology.
Hence, DME's objective is to manage the following four additional activity areas within the
CrewManager software:
1. Time Keeping: The Time Keeping module will bring uniformity across all departments for
time-keeping and will allow automation by using FERC account codes to bepre-populated
on time cards. Once the employee enters their respective time on the job, the time
information can be fed electronically to JDE and thus will make time entry much less labor-
intensive. The time module can also automatically calculate total hours for a j ob and perform
vehicle time tracking. This function will allow management to perform job cost and
productivity studies much more effectively and accurately.
2. Custom Dispatch: The custom dispatch module will replace the current access system that
was created internally using an access data base and has been a challenge to maintain and
operate. It will allow us to respond to trouble calls quicker, and will more accurately
calculate the cost of outages. The software will allow us to have time based alarms for
employees from all the utility departments that are working in a hazardous area thus
increasing the safety of all employees. The software will eliminate mistakes on j ob
Exhibit 1
AIS -PUB Agenda Item #3
February 11, 2008
Page 2 of 3
completion entry, because the laptops located in the employee's truck will date and time
stamp the work order ticket.
3. Integration with Texas One Call for Locates: This module will allow the locates (which
are currently faxed and manually entered into the access data base) to electronically generate
a j ob order to be received and entered. This will allow us to streamline our dispatch center
thus allowing us to handle additional work that is being requested from all our internal and
external customers and improve customer service.
4. Custom Materials list: This module will allow the engineering department to generate a
material list for j obs. This list will be based on templates of items, assemblies or compatible
units and will allow for items to be added or deleted on the fly. The current system is very
labor intensive and requires items to be pulled from several lists. This module will also
calculate the cost of materials for a job, and automatically adds a configurable default % to
that cost thus allowing for more accurate job cost and future job cost estimates.
OPTIONS
1. Award a contract for purchasing the CrewManager modules to Unique Business Systems.
2. Denial of contract to purchase CrewManager modules.
RECOMMENDATION
DME recommends awarding the contract for purchase of the CrewManager modules to Unique
Business Systems.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISIONS)
None
DATE SCHEDULED FOR COUNCIL APPROVAL
February 19, 2008
FISCAL INFORMATION
The cost of the Unique Business Systems CrewManager modules is $192,100.00. The annual
maintenance cost is $30,617.00. This purchase is included in DME's approved FY08 CIP budget
under the following codes:
602240494.1360.3910
BID INFORMATION
Exhibit 1
Proposal: Unique Business Systems
AIS -PUB Agenda Item #3
February 11, 2008
Page 3 of 3
EXHIBITS
1. Proposal
Respectfully submitted,
Phil Williams
Interim General Manager
Denton Municipal Electric
Prepared by:
Jeff Morris
DME Operations Division Manager
Exhibit2
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1. BACKGROUND INFDRMA~'ION....~~.•~s~~t~~~~~a~t.~.~............~..~.~i~*.~.~~~~~.~~...,~............~.~~~i~si~~i~tt~t~~~~~F~~~~a~~~~. J
~i ~i J ~~L/l~ ~ . Til~'l~ 11 L~L1 ~1~V~ ......................~~~i~+i~Fi~~a~...,.............r~t~~~~~~~~~~ti~,~~,... f
T. APPENDIX B : DI~PATH ...............~.1~~+~Fi~t~ara~~~.~...~............~...~i~Fi~t~~~~~~~~,.~~..~........~.~e~.~1~~i~~i~Fi~tiat~a~~~F~~~ l~
~l 1 ; LO~ATE~ AND 7'~~A DNE CALL..F~~.....~..~...~ 1~
6. APPENDIX D : MATEI~IAL~ LIST ~ENEI~ATI~N...~ ....................~......,.,,.,.~.~..~..~,..,..........................17
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Prop~sa~ to ~7~~ for Tire Ke~pin~, ~~sp~tch, Nl~~erial~ ~.ist, Texas Ore C~l~
rya
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bje~tive
Denton M~rnicipal Electric has implernented the CrewManager software from Unique Business systems in
orderto manage jabs and schedule crews.
`through this implementation, DME has observed the potential to streamline other activity at DME, which are
being performed on disparate software systems, and bring them onto the CrewManager platform. The greatest
benefit of such an action will be the gathering, managing and reporting of inforrr~atior~ vuithin one single work
management software,
Hence, DME's objective is to manage 4 additional activity areas within the CrewManager software:
7. Time Keeping Dispatching
3. Materials List generation
4. Electronic Integration with Texas one Coil for Locates
rewl~an~ger Response
The CrewManager softvare has proven itself in the utility industry in its ability to deliver specific modules far
specific needs. For example, CrewManager's Integration Moduie has delivered outstanding results at a
California r~unicipa! utility in interfacing the utility's mainframe Customer Information System and Payro!!
System with CrewManager,
Sirt~ilarly, CrewManager has also developed a robust Time Keeping Module which automates end simplil'aes
time keeping for em~layees - especiaiiy line employees -and readers accuracy to this erstwhile difficult
process at utilities, DME's time keeping needs are quite complex and exhaustive, and CrewManager wall custorr~i~e these needs on top of its existing time keeping rnaduie,
Unique Business Systems will meet DME's objective by delivering 4 new modules to DE, which will all be
seamlessly functionalwlthin the CrewManager software. These new modules are:
"i. Time Keeping Module
Dispatch Module
Materials List Module
4. lntegrat'ron Moduf a to Interface with Texas one Lail for Locates
r~ this Da~ument
This docc~r~ent covers: Pricing for these new modules for DME.
Detailed descriptions in the Appendices of the scope of DME's needs and hence of the new modules.
1
I'raposal to DBE for Time ~eepir~~, Dispatch, Ma#er~als fist, texas One Call
~
Lic~n~ and arvic~
a..ao~«w.<axm m
.,,«~~s.~ 8x;s~~~;.l;h...90'.:a;;xus.~>.S4~P&>$X;1:7; ,;>:~w:,n~o-~«~o- p~ .>~9&~awro~ „aaaaaweaorawH<« , .,o o~o,b""~x .ti. d~SNSLOSPo .3.. 9Ya:.' o«
.~.y-0y~, :...~~y~ ......:..:lldWOxxJx ~ rW rox~ ':doakx # .,~4'~'~ ao-auauwaaw °Po4°'"E°:&~'" saw Y . ~~Le , s ~ ......,.5..,, x°~,.,EV~„w.o<.,a<au
< .RL..L..,~,..,..~no«o-<o«o«<..sw.w a > . ~ w,.,,..<a . . ...o-.ww,..~.~,.b,SnS«E.eo-<,s•s•a.. sxt,.t.......o«.So- d~««oH~a::e. a«>A<xtaS~'.i iRStiC;.r.~,&w:~o~
.
«~s~i~i~OSSS;~RM;R1;,:"'~'ax.~aVax s:::~,.R:~"„~.:~:~:.d;.dd~.Maia~a,~axa,~cc;4i~~i~:S~;LS~S~i;~,°.idia<.<.~«sxs.sr
. Time beeping Module ~ . ~
Summary Description: ■A module within CrewlUlanager that creates accurate time cards far linemen
■Time cards will display jobsltasks from the CrewManager crew schedule ■DME Account Codes & 1=ERC codes pre~popula#ed on time cards
■Linemen will enter their time on a simple screen
■Vehicle time tracking is also provided
Benefts;
•Dniformity across departments for time-keeping ■Accuracy of account codes and FERC codes on time cards
■Autamatian will make time keeping less labor4intensive
■Linemen's time card hours will automatically calculate total hours for a jab
PfEASE SEE APPENDIX A FDR A DETAIfED DESCRIPTION OF T1ME KEEPING FOR DME
GreuvManager standard Time Card Module Licensing 1 X55,000 ~~~,~00
Custom develapmentlpragramrning tomeet CME'sunique needs ~ ~~,G00 ~G,500
. gas om ispa c o u e ~ . .
Summary Description;
•A module within CrewManager that replaces the CE~rrent Access system ■A Street Database Module had already been built far DME -that will becorne part of the Dispatch
Module
■Enabies dispatchers to respond quickly to trouble calls •Calculates true cost of outage
Time based alarms for lineman working in hazardous area
Benefits: i
#Rabustdotabase-driven module that enables fast response by dispatchers
■Calculates laborlmaterialsfequipment casts ~ rate revenue lost to give true cast of outage ■6rings dispatch dept onto the same software platform -CrewManager - as the rest of
DME
•Start Tima and End Tune far each job can be automatically populated by the date and time stamp an
the lineman's laptop
P1~EASE SEE APPIRNDI~(B FOF~ A DETAILED DESCRIPTION 01= DISPATCH MODt~t_E FOR DME
al~~tCll i~aduie ~ICensing ■..r......~l...i*.....~.~ ~ ~~V,~~~ 1~ f V~~V~
~ntegratton with Teas One Call far ~.oCate . Descr~ptlork:
•Texas one Call sends asset notifications to companies and contractors ■Currently locates are received by fax and manually entered into the Access Dispa#ch sys#em
■Crewh~anager will integrate with Texas One Call to receive and process locates electronically
■CrewManager will generate work orders
PLEASE SEE APPENDIX C FOR A DETAIr*ED DESCRIPTION DF INTEGRATION VI~1TH TEAS ONECALI_
integration v~rith fiexas one Gall 1 ~~,300 ~~,300
4
i
F~roposai #o ~M~ fir Time Keeping, Dispa#~~, Mater~ais List, Texas One all
4. custom Mat~riais List Module . : ~ ~ ~
. Summary Description;
■A module within ~rewManager ttrat enabies engineers to generate materials lists far jobs •Materials lists will he hand on'templates' of items, assemblies or compati>~le units
Items can also be added ~r deleted from the list for a particular jot} on the fly
■Items ors Materials Lists wiil include account codes ■Each item will indicate descriptors, item numrier, warehouse location, price, unit, and an image
■A motena~ catalog can be generated
Benefits:
■Reduces the number of systems Engineering has to use to generate a job
•Provides Misty's dept a beads up on materials needs ■Dalculates materials cost far a fob, arsd automatically adds a configurable default °IQ to that cast
PLEASE SEE APPENDIX D FOR A DETA1l~ED DECRIPTI~N OF IATERiALS LIST MODULE FOR
DME
Materials List M~dufe licensing 1 X35,400 35,40
,.,v, < .:a•sc...rcx~>E2FSt8,2#~xS.,,o~.:.,~.:,<, a«c,y ~ ,.>,o-~..:. ~ ar,.. w~c;. ~~ax~<~°sa~x~rs:x,,; <.~a"„ ~w~;w~-, . . . .
-.~~TA~ ~ ~~'~~'M~D~E~ F.~R~~aM~= TNT ~ ~o-w.o.~ ~~~.mmw o.,..., fi. ,o-...r..,,, o-.,. L.:.o.:;:;.,.;:~:;o,m.:::.. M..r..,: ,.„.~:f.;:. v.~,.ti,>
o- o-ea~.oi; $:d t't E'~$a:aeY ~ „r;F;r;.i• ,'3"
5. ~timated Pro~esiortal ervioes ~ . ~ ~ 0 $1,2aa ~ ~,OD~
includes:
■Software instaRatiors & DME configurations
■Data migration from DME systems to CrewMarsager ■On-site training
...d ....d .;J:4:: f . .,,..~.,<...wo-+,r,..,+KO...a.c.a...a.~,,.,,.....<...,,v.~.,.,,;;i:~..~.',. r~ :~$~.~~a <..i ~~;:g. .Ly rd ..,a.,S y..
Y".. koHb . .
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,,Ma...............~...........................i. ....~....~t. ~+w . o-to wo- w......ww.a..•....",.".I..:.'..... ..::{..f:S:f]i..
GRAND TOTAL QF DUST~M M~D~L~ ~ ~RDFESSIONAL ~~RVIE~ ~ ~ ~ $19~,1~0
ANNUAL SUPPORT AND MAINTI=NANDE F~~ NEVI M~DU~.I~ ~ ~ : ~ ~ .
~ 7°IQ of Total of ustam Modules X30,517
i
proposal t~ for ~"~me Keep~~~, ~ESpatc, ateria~s fist, Texas Cali
~ ~.ff~§~kwVwPxPW~* ~'PWPP
1 {~t~Yl~
1
Ann~a~ ~aintenan~e & Suppa~tfo~ module
17°la of the Licensing and c~stamization portion of each mo~~le.
Includes:
• Tofl free pone and email support M-F Sam-fiprn pacific
• Future product upgrades
Note:
9~ days free from date of software delivery.
2. ~ravei Expenses to pity of Denton by UB empl0yeels billed as used.
i
i
Pr~pos~~ to D~~ for Time ~Cee~ir~g, Dispatch, ~I~terial fist, Tx~s one Cali
red ~
. Appendix A :Time Keeping
Time ~Ceepin~
At
Der~tar~ Muniipai ~lectri
1, Undertandir~g MME Account ~ode~
Account codes that appear on the Time cards must meet be the correct account codes used at DME, The fallowing is a synapsis of how account numbers are generated for each jab,
There are tiro types of work;
Operations -maintenance and repairs
Projects - cover ail new installations
Account numbers are made up of an Organi~atian Code ar Business Unit, are O>~ject Code or
Account, and the FERC code or sub-ledger. The structure of the account number is
►'Org Code". ''Obj Cade" ,"FREC Code's or ~X7~~X~,XX~~,~~X~
Organization Code Organisation Cade for Operations
Operations have a ~ digit Org Code
~~a2aa - Operations and Maintenance
5aaaa -Construction
~ag40a ~ substation ~aa50~ -Engineering
~aa~a~ -Metering
fiaa~0~ -Dispatch
fi0a8aa - Communications
GB9403 -General Operations Administration
Organization bode for Projects
Projects have a 6 digit Org Cade T'he org code is ~ sequential number currently pulled
from ~ spreadsheet used by engineering to submit requests to Accounting far account
codes.
Projects will have at leastane jaband may have multiple jobs. The~ob nurr~ber is the project number followed by a fund number
Project Number & fund number or PPPPPPFFF
Example; Project number fi9~017
Fund: 49~
Fundy 489
fob Numbers will be GD~a~7493 and a~a~7489 Having multiple funds is very rare, Phil Williams stated that in Ore~rManagerT~' and in
time keeping one jab number would be sufficient far each project. If a project has
multiple funds and if funds need to be transferred it could be lane outside of
CreN~anagerr"'.
i
Pre~~s~l t~ fnr Time I~~~pi~~, dispatch, M~#er~a;?s List, Texas Cal1
rv~~ ~
Nate; Funds are Bond issues with the exception of #4~~. which is funded by another source other than bonds i,e. 3r~ party work,
abject Cede
Object Code ,for Operations
Generally Operations will have an Object Code G1~~ for regular Time and 6~~0 for Over Time with some exceptions.
The exceptions are related to specific work being done e.g. Generating Plant work
Object Cade for Projects
Projects will have an Object Cade of X841 for RT and 134 for OT~
There are other object codes that are not used,
FERC Lades
FERC Codes are based on the type of work being done. E.g. Poles, conduit etc.
borne of the sate Dries of work with their corres ondin FERC Caries:
T e o~ work New Instarlations Ma[nten~nce ~ er~tion~
Poles and Fixtures 3540 X930 5$30 OH Conductor G50 590 X30
UG Conduit 8Gfi0 5940 584D
UG Conductor 8570 5940 5840
Transformers 880 590 580 OH
5840 UG
services 890 5980 OH 5880 OH
~4a uG ~a4~ uG
Proposed, solution to A~~ount Code Confi~uratian
The account code as mentioned above i a combination of the Organization code, the Object
Code and the FECR Code.
Note; In CrewManager the job number will be represented by the Organization Code. The object code and FERC numbers would be displayed as additional information columns} for
elements Masks} and would be used in the time card module to populate the corresponding
fields on the time sheet.
Organization Code
The Organization code will be driven by both the Core Process and the ]ob Categveya Core Processes will be Operations and Projects,
~roanizatian -code for Operations
In case an Operations Job is being created in CrewManagerT"', the Organization code will
be derived from the Jab Category,
The system will give the ability to configure Org Codes for each jab category example:
]ob Cate or Or bode
O erations and Maintenance ~00~~0
Construction b0a3~0
Substation X00400
En ineerin G0050~
Meterin ~00~0~
Organization code for Proaect~
Pro~~sa~ to fir Time ~eepingF ~~s~~#~h, [~~#eri~fs his#, Texas one C~1~
~~n ~
In case a Project is being created the system will prompt the user for a Org Code and a
fund number, These fields can be made mandatory so that a job cannot be created
without the numbers. there are both pros and cons to this rule, mainly that engineers
may wish to create the job in CrewManager~"' prior to receiving a fund number frarn
accounting},
Fund numbers may change in the middle of a project, The fund field shall be editable and can be changed Time sheets being created usethe fund number for the project so
once the fund number has changed, it will be reflected an all new time cards
Dbjec~ Code
The abject code can similarly betaken from the Core Process since generally there are two sets
of number Operations and for Projects each with numbers for Regular Time and far Over Time Example:
Core Proce~ fib` Code RT Ob' Cade ~T
0 erations fi1~3 fit
Pro `ects I.341 1342
Object Caries will be editable with the appropriate user privileges on each CrewManagerT"' jab
Another option that would increase accuracy of Obj. Codes far cases where the object code is
other than the codes above or that the Obj, Code may differ for Projects and Operations far the
same task is tv set a default object Cade at the Element Mask} level and provide the ability to
further edit the abject code at the template level
Below is an example of an element that is setup with a unique Obj. Code ~Oenerating Plant -Oil
as well as an element that is used on two templates Install Pale 18' wood}, Element list
~~4 Code ~tT o~- rode oT
Desi n - 1341 1342
Ceneratin Plant -Oil X353 634
Install Conductor 1341 134
Install OH Transformer 1341 134 Install Pale 18' wood 1341 1342
Elements used in a tempiate~
Tem late 1; Pro'ect -New service
Tern late ~b ` Cede RT ~b ` Cede ~T
Deli n 1341 134
Install Pale 1B'vuood 1341 13~ Install OH Transformer 1341 1342
Install Conductor 1341 134
Oeneratin Plant -Oil G353 ~3~4
Tem late 2: O eratians -Pole Re lacement
Tem date fib' Cede FtT Cede ~T Install Pole 18`wood ~~1~3 ~G11I;}
The Obj. Code is defaulted from the Element bist to the templates. In template 2 the Obj code
was edited to correctly use the Obj~ Code for Operatians~
Templates, once setup are used to create jobs in CrewManagerT"' and the Obj, Caries would not require further editing
9
i
~ra~ns~~ t~ DMA ~im~ K~~p~~~, ~ispa~c~, l~ateri2~ls List, Texas 4~e C~I~
~~v~n er
FERC Codes
The can~guratian of elements needs to correspond to FERC nurnbers~
Element Dist
Element FERC #
Install Conductor 3650
Install DH Transformer 3684 Install Pale 18' woad 3640
This may result in elements that are taa detailed or that there are numerous elements an a jab
that create difficulty or overhead when scheduling. These issues can be resolve by in two ways;
ubTasks
Create dub tasks that can belong to a parent task, The f=f~f'~C numbers would be assigned to the sub tasks while the functions of scheduling would be performed at the
parent task level far ease of use,
Eler~en~ FERC # T e
New service CH Work Parent
Install conductor 365a Sub Task
Instal! QH Transformer 3680 dub Task
Install Pole 18' wood 3644 dub Task
V~hen a jab is created using this parent element, estimated man-hours {EMH} may be
given at the subtaslt level U~hen scheduled, elements will be schedule in the sequence
defined in the template. The sub elements will appear on the time cards corresponding
to the dates scheduled
This option would create greater accuracy and provide additional detail far reporting and analysis,
Multiple FERC numbers for an Eiem~nt
Each element ma have multi fe elements
Element FERC # ivew service ~H 1Nork 36~a
3654
3684
In this case when the element appears on the time card it will appear 3 times, once far
each f=ERC number,
. Time Card Format and Data erg#r~
Time recording is done on a biweekly basis to each job at DME
in order to make the time card simple to use dabs should be pre-populated from the schedule
including the ability to view jabs in a tune period prior to and following the reporting period, Far each element rr~ultiple rows will be shown with all possible combinations
of Obj~ Codes and
FERC numbers.
Users need only to fill in tf~e hours far each job in the appropriate date field
The final output will filter the time card to show only jobs that have hours
Exam le,
Pro'ects fates 2 weeks Work Type ~rg~ Code FERC 9/~,~ ~f ~7 9/18 Eta.
Code #
10
i
Proposal t~ ~7M~ ~o~ Time I~eepi~g, D~s~~i~h. M~~er€a~s List, Texas Die C~~k
rer~ n ~
ionic drive Sa10944$9 1341 3750 ionic Drive 6a10944H9 1342 3750
ionic Drive Sa1094~89 1341 3770
panic Drive 501094459 1342 3770
4, Changes to the tine ~ar~_work fiyw, 4, ~ ~ The ti me card module needs to be a single user interface far field crews
4,2,They should have the ability ta.
4.2,1, complete elements
42,2, I=nter times
4~2~3, Cpen aob Details
4,24. Add elements, reactive time, personal events and training easily 4.3~Yhe ruin vievu shall be similar to the current DME time sheet
4,4~The sheet shall display aCl jobs in a tine period
4.4~. The tine period shall be a default of 4 weeks
4,4.1,1. The ~ week pay period
4,4.1,x, 1 week before the pay period
4~4,1~3. 1 week after the pay period 44,2. Users shall be able to change the time period to search far jobs faling out of the
default tires
4.4.3. The defaulttime period shall be abbe to be changed
4,5~The jobs shal3 be displayed in groups grouped by
4.5,1, Core Process
4.52, ]ob Category 4,5,Adding a an element shall not require usersta open other screens
451. The user shall click on a button to add an element
4,52, fihe user shall be asked far basic information about the element
4.52,1. Project number
4.5.22. Location 4.5.x, ~n case the system finds a single job that matches the search criteria and the job
has an elerr~ent for the Crew Croup logged in, all the elements of the job assigned to
the crew group will be added to the time sheet
45.3,1, This CUI shall have the option to display the search results in place of
automatically adding the element to the time sheet, 46.3~1.1~ This wil) be used incase the element is not assigned to the crew group
4.5,4. In case the system finds multiple elements of the job
4.7,Adding Reactive Time, Personal Events, Training or Credentials should fallow a similar
flog as adding an element.
5~ A~ rova~
Approvals will be needed in the following instances
1, Approval or sign off by the employee
2, Approval or sign off by the crew foreman Ito release to payroll
Approval or signoff to release or upload to ODE for payroll Validations of the account codes are required to upload to JDE.
fi. Ilehicie time trackirr~
Vehicles are used for jobs, track the time each vehicle is used far each job
11
i
Pr~p~~al to D~ fir Time K~~~ir~g. ~isp~ti~. M~t~ria~~ ~.ist, ~~xas ~n~ X11
r~vr~ ~
Maintain a database of the vehicles that are used, Each drew Foreman will create a time card for their vehicles,
A!l jobs that were worl~ed on in the time period will be populated.
Vehicles can be selected from a drop down list
Vehicles will need to be setup in the database
Cast indexes will be needed for each vehicle to calculate the cost of usage in outages,
The foreman ~rvill firl in the hours for each vehicle
erg bodes, FERC Numbers will be available through the same configurations as above,
abject Codes will always be 135 for vehicles
Dates ~ weeks
Vehicle 11Vork Type erg. Code Dbl. 9/ ~ 9 J 1? 918 Etc.
Cade #
Truck #1524 ionic Drive 601094489 135 370
Truck #1872 Dickiers 6o20t8493 136 3760
Backhoe ~ tarm OH Go20t73493 13G 377a
Trencher 1S Outa e ~H 6010294489 1365 3770
7". ante ration to JD~
JDE can receive the information electronically, The format and the technology need to be discussed.
Excel was mentioned as a possible means of transferring data.
Validations of the account codes are required to upload to 3DE,
1~
L.
~ro~~~~ to C~~ for dime ~~pi~g, ~is~~~ch, at~ri~ls L~~t, T~xa~ Call
~ ~ ~
4, Appendix B : Dispatch
Dispatch System
far
Denton l~u~ricipal ~~ectric
~biectiyes
1, To replicate the current dispatch system with a robust database driven application To bring all utility work onto one software platform.
Tv enhance the current functionality of the Dispatch systerr~, Enhancements to include
a. Calculating the true cost of an outage
b, Time based alarms for employee working in hazardous area
c. Automated work orders for locates see separate document}
d, Future integration to CMS e. Future Remote access from Dispatch Truck
R~qui~em~nts
1, General
1,1, speed is crucial, both of the application and the user interface, This is due to the enviror~rnent and work characteristics of the dispatch center
1.1,1, A specific functionality liked by the current dispatchers isr type Is first three letters
of a street nave and the system populates the field
1,, All the reports that are currently in the dispatch system shall be available in the
replicated system,
1,.The system shall be able to email reports using the DME email system group l~lise. 1,x,1, Each report shall be able to have the recipients pre-populated from a saved list
of
recipients.
True cost of an Data e ~.1. An outage shall be a job din CrewManagerT"'} or a collection of jabs,
2,~. The true cost of an outage shall be the sum of all costs related to an outage on all jobs
related to a single outage,
2,. The casts used shall be; Labor Cost, Material Cost, Equipment Cost and Rate Revenue
Lost,
x,3.1. Labor Cost ~,3,1,~.. The labor cast shall be the work hours used to fix the outage multiplied by
the hourly wage for the employee
2,x,1.2, The hours used to fix the outage shall be able to be entered manually or
extracted from a time card ~ time keeping system
2,3,1,2,1, ~n the event that the hours are extracted from a time keeping system, the hours shall be entered against jobs, The jab would have details
regarding the outage which would allow the system to find hours related
tv the outage,
2.3.1,x, The hours used shall be able to be indicated whether they are standard
work hours or overtime hours
13
I
Proposal to ~~m~ Ke~pir~~, Dispatch, ~at~~1~ fist, ~~xas one C~~~
~~~u n ~ o-~.
2.3,1,3.1. Yn the event that the hours are extracted Pram ~ time keeping system, the system shall be able to identify the number of standard time hours
and overtime hours for the outage
2,3.x,4. The hourly cast shall be able to be configured in the system.
2,3,1,4.1, The hourly rate shall be a rate that is used t~ account far wages, taxes
and employee benefits
2,3,2. Material Cast 2.x.2,1. fihe material oast shall be the cost of all materials used on the job related
to the outrage
fihe material cast shall be able to be;
2.3,2.2.1, calculated from the material list in Crewl~an~ger~~'
2.32,2.1.1. In this case, user shall be able to indicate the materials used from the material list. There maybe material ordered farthejob
that was not actually used
2.32,2.2. Input from the DME financial system ,~D Edwards.
2.3.2.2,2,1, In this case the system shall either 1} import the value
through an interface or allow the value to be entered manually
2,3,22.3. In case the cost is input from ]D Edwards the cost calculated by CrewN~anagerr"' shall be disregarded.
2.3,3. Equipment cost
2.3,3.1. 'the equipment cost shall be the total cost of equipment used on jabs
related to the outage.
2,3.3.2. The cost shall be based on hours each piece of equipment was used
2,3~.3~ A database of equipment shall be able to be created. 2.33.3,1, Vehicles in the database shall be able to be set as the default piece of
equipment for a crew. Crews usually have their own truck.
23.3.3,2, A piece of equipment that is the default far a crew will automatically
appear in the equipment cost screen when the crew worked on the
outage. 2.3.3.4. Far each vehicle an hourly cost shall be able to be recorded
2.3.3.5 Te hours a vehicle was used shall be able to be recorded similar to a time
sheet far an employee
Vehicle erg. O~j. EERC Cost Hours Total
Code ~~d~x Cost Truck 6~~Ot849~ 1350 3760 $
#524
Truck 602018491 1350 3760 $
# 1872
Backhoe 60~01849~. X350 X770 $
Trencher G02g18491 ~3~0 77D $
#15
2.3.4. Rate Revenue lost
2.3.4.1, Rate revenue last shall be calculated by multiplying the number of time
units days, hours} by a rate index fora type of custorr~erand bythenumber of customers affected by the outage.
2,3.42. ~hetime units shall be configurable
2.3.4.3. The customer types shall be configurable
2,3.4.4, The rate index far each customer type shall be configurable
14
I
~r~pos~~ ko ~~C #or ~im~ ~[eepin~, Dis~at~h, ~lat~~i~ls fist, T~xa~ any Call
rern ~
2,3.45. Foreach fob, the numbercustor~ers, the number of time units and the unit shall be manually entered,
Type of Na. of Affected Na. of pays index $ per Total
Customer ~ustamers da
Residential small
Carnmerc~al
Med
commercial
l,~a t'g e
~omrr~ercial
Time based alarms for employee working i~ zardous area
The background for this requirement is that pME employees may need to occasionally work
in a hazardous area. dome DME employees also work mane. Yn case of an accident there
ray be na one to help the employee. In these cases these employees call into the dispatch center and notify the dispatchers that they are going into a ha~ardaus area and they
expect
to be there for a defined amount of time ~e,g. 2D min}. The employee will call into dispatch
again when they carne out of the hazardous area, The dispatcher will call emergency
services if they da not hear back from the employee within the given time period.
3. ~ ~ A ti mer shall be able to be set for a jab
3~1.~, The time sf~all be able to be set far a time period {r~inutes~ 3.2~ The timer shall be able to be stopped ante the dispatcher hears back from the employee
3,3. ~n the event that the time has expired the system shall notify the dispatchers,
3~3,t~ The alert shall be visible irregardless of the job that is open an the screen
4. Future integration to QM
CrewManagerT"' currently has an integration module that a~laws the system to integrate with
other application for the purpose of creating work orders, updating work orders, cornpletron
of work orders, exchanging data with other systems pertaining to work order and job data
and exporting data from the time card module to a financial ar payroll system,
This integration module will work with an CMS system, At this time DME does not have an ~M system and does not know which DM system it will
procure. For this reason it is not passible to better define the reguirerrxents for the
integration further than that rewNianagerr"' will be capable of integration to an CMS system
5. Future Remote access from dispatch Truck. DME Dispatch Trucks currently da not have remote access to any pM~ systems They da not
yet have toughbooks or other devices which will allow remote access.
The requirements for this item cannot be established at this time.
1~
i
Pr~~os~l to fir Time I{eeping, Dispatch, M~t~ri~~s ~.ist, ~x~s C~n~ ~~II
rV~~ ~ ~
Apper~~~~ : ~r~~egra~ivn with T~xa one ail
La~at~
t
Denton ~lun~ipa1 E~e~tric
Background
locates are requests from other companies to investigate if there are any DME assets where
they need to dig.
In Texas, ar~y person ar company that would like to dig in the ground must let the state and all carrapanies that have assets {Electrical conduits and cable fiber optic cable,
gas and water pipes
etc} in the ground knew in advance so they can check to see if their assets may be damaged by
digging in a specific lacation~
This process is done through an organisation known as Texas Dne Ca~1. They do have a web
site where locate requests can be made, Texas one call then notifies all companies that have assets i n the a rea.
DME receives these lacates daily For each locate received an err~ployee or "locatarr' goes to the
location specified and checks to see if there are any DME assets at risk
Current Process
The locates are received by fax and then manually entered into the Dispatch system. each night
all locates received that day are printed and given to the locators who go to the locations during
the course of the next day
Future Process
Texas one call does afl:erto send the lacates electronically,
DME would like to have a system that receives electronic locates Pram Texas qne Call, saves
them in a database and autot~at~cally creates work orders for the locators
1~
I
P~~~~sal to ~7M~ ~o~ ~i~~ ~{~epi~, D~sp~t~h. ~+I~#er~a~s ~.is#, ~~x~~ Use a~~
~ v~ ~1
A~~ndix ~ ; ~I~iteri~i List ~r~~r~tion
Ala#~rial Lis# ~I~du~~
for DPI E
Functional Requirements
Engineers creating jobs should have the ability to create material lists for the job,
Engineers shall be able to select a Job and based on the job template have a template of
material that is needed for the job type, , The template of materials would include materials needed for each task ~elernent} of the job
.1, Elements may not have material required.
The template shall be able to contain items and asset~blies
. Items needed for a job, derived from a template, shall be able to be edited on each job
5.1,Assemblies on a job shall show the items that are a part ofthe assembly 5,~, quantity shall be able to be edited for items and assemblies
5.2.1 Items belonging to assemblies shall be able to be edited individually
5,2,2, quantities shall be in whole units, No fractions,
5,3,Items~assen~blies shall be ableto be removed to a job
5,4, Iterr~s~ assemblies shall be able to be added to a job
G. Items needed for a job shall be able to be presented as a material list fi.1.The material list shall be able to be printed
5,2,The material list shall include the item description, the item number, the quantity
needed, The unit, the unit price and the extended cost qty x unit price}
6,,The material list shall be divided by the items that are needed for each task
fi,4,The material ~istshall include cost summaries far the items of each task and for the job
as a whole, ~,5, The material list shall have the ability tv add a percentage amount to the total material
cost
G,5,1, The ~1~ should be a default oi` °1015
x,5,2, The default percentage shall be able to be changed
b,5,3, The percentage shall be able to be edited for each jab x.5.4. The percentage amount shall be able to be edited for each job
x.5.4,1, In case the percentage amount i~ edited the percentage shall be calculated
by the system e,g the user enters a dollar amount, the system shall calculate
the percentage of the total material cast.
,,Items on the material list shall include an account number
6,x,1, The account number shall be made up of an object code and a FERN number ~~~OD,FFFF}
abject codes and FERN numbers shall be pulled from the Job template
~,~,3. Example:
Tem late for New din le Phase OH
Task ~Elernent~ Mat~ria~ Libor fib`. bode FERC # ~bj. Cody T ~T
Deli n N N 1341 1342 G~~
Install Pole 135 1341 1342 G40
Install ~N Transformer 1358 1341 134 3~8D
Install conductor 135 1341 1342 365a
1?
i
~ro~~sa1 to [~M~ ~~r Time K~epi~~, ~isp2~#~~, M~#er~~~s L.is#, Texas ~~e Cal1
r v~ n~
This is in addition to the details currently maintained for ~ terrtpiate in ~rewManagerr"' i.e~ roan-hour unit, Estimated man-hours per man-hour unit, drew Group and Float
time
Material Lists is ~rewMan~~erT"'
7~ Material fists shall be able to be created far each fob in ~re~vManagerT"`
S. The material template shall be used as the base material Iist to be created for the template selected for the jab
9. fobs that do not use a ~rork template shall be able to have a material list created by
selecting a material temple
]abs that da not use a warp template shaf I be able to have a materia! list created by
selecting assemblies and items
Item Database
11,The module shall Include a data base of items
1~, Items shall include pertinent details
~2.]., The details for each item include:
~~.1.1. Description ~ 1~.1.~. Description ~
1~~1.3. Item number
1~~ 1.4~ Location ~~arehouse location}
12~ 1.5~ Price
121.6. Unit 1~~1~7~ image
1,1,7,1. A thumbnail image and a full sire image is recommended
13, Assemblies shall be able to be created
13,1. Assemblies shall be a group of items and assemblies
131.1. Assemblies shall be able to be an item in an assembly
1.~. Assemblies shall include the items selected for the group 13.x. Items that are part of an assembly shall be ableto be used as an individual item
ar as part of another assembly .
134. Assemblies shall have pertinent details
134,1, Description 1
134~~, Description 2 13.4.3. item number
134.4, Location warehouse location}
~ 3.4.5. Price
134,6, Unit
13.4.7. image
13.4.7.1. A thumbnail image and a full size image is recommended 13.5. The database shall have the ability to upload a material catalogue '
The material catalogue Is an updated list of all the items that should be ire
the database.
13,5~~. The source file shall be Excel, Cv or text deiimlted
13,5,3 The source files shall include all pertinent material items 13.6, The database shall have the ability to interface to other systems to receive the list
of materials ~Gptional}
13.7. Items that are no !anger in the material catalogue shall be Identified
13.7.1, Assemblies containing items that are na longer in the material catalogue
shall be identified
1$
~ro~os~~ t~ af~E Time Ke~p~~g. ~isp~~c~. at~ri~ls ~i~t, T~x~~ C~f1
v~ ~
13.7,x. Templates containing items that are no langer in the material catalogue shall be identified
13.7.3. items not ifs the rrraterial catalogue shall not be removed frorr~ the
database. such items may become available again,
13.7,4. users shall have the ability to replace ar e~cchar~ge the unavailable items
v+fith other items from the item database. i3,8. Items that when used are required to be used in conjunction pith or as ~ yet pith
other items shall be able to be linked together ~aptional}
19
i
Exhlblt 3<r tz2 s-
,c ~~r+~r t=r ~,~~t
Business Systems
Monday, February 18, 2008
Tom Shaw
City of Denton, TX
Purchasing Agent
Dear Mr. Shaw:
a This is to certify that Unique Business Systems is the sole source and owner of the CrewManagerTM
tPi software, as well of all existing and new CrewManagerTM modules that are proposed by Unique
= Business Systems.
The four new modules within CrewManagerTM proposed to Denton Municipal Electric,
1. Time Keeping
2. Dispatching
3. Materials List generation
4. Integration with Texas One Call for Locates
are all integrated functionalities within the CrewManagerT software and are fully copyrighted by
Unique Business Systems.
These four proposed modules will be integral functionalities within the CrewManagerTM software and
will be compatible with CrewManagerTM only.
Unique Business Systems will indemnify City of Denton from any claim by a third party with respect
to the CrewManagerT software and its modules.
Sincerely,
a
Andy Ratan
Business Manager, Utilities
aratan(unibiz.com
CrewManager°
310-396-3929 x 193 TOM SOLOitOO FOR WORK FLnnninG 8 CREW SCREOOL G
800-669-4827 x 193
www.unibiz.com/cm
2 =i :0 r. ran Park -1 ?v rJ- ^:Svi;r 215, ,1 ni41 N1, niru C.A ~ ~Gdra' a 6 o a4=7:-1 0`2e` r3k! -.`?ku~ l96 (1IS ...-.f
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF FOUR ADDITIONAL SOFTWARE MODULES FOR THE
CREWMANAGER SOFTWARE PROGRAM CURRENTLY UTILIZED BY DENTON
MUNICIPAL ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF
THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES
FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING
AN EFFECTIVE DATE (FILE 3980-TO UNIQUE BUSINESS SYSTEMS IN THE
AMOUNT OF $222,717).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3980 Unique Business Systems $222,717
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r= ~
5 I
BY:
3-OR -File 3980
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 February 11, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, February 1 1, 2008 at 9:01 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Phil Gallivan, John Baines, Randy Robinson and Bill
11 Grubbs
12
13 Ex Officio Members:
14 Howard Martin, ACM Utilities
15
16 Absent: Dick Smith and Bill Cheek, excused
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 3) Consider recommending approval of a contract between the City and Unique Business
25 Systems (a sole source vendor) for the purchase of four additional activity areas within the
26 CrewManager software currently being used by DME to manage construction j ob scheduling
27 in an amount not to exceed $222,717.
28
29 Board Member Phil Gallivan moved to approve Item 3 with a second from Board Member
30 Randy Robinson. The motion was approved by a 5-0 vote.
31
32 The meeting was adjourned by consensus at 10:10 a.m.
33
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of primary and secondary insulated electric distribution cables for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid
3941-Single Purchase of Insulated Electric Distribution Cable awarded to the lowest responsible bidder meeting specification, Techline, Inc., in the estimated amount of $2,087,679).
The Public
Utilities Board recommends approval (5-0).
BID INFORMATION
This bid is to supply primary 15kV and secondary 600V insulated electric cable that Denton
Municipal Electric (DME) uses to distribute underground electrical service to its customers. The
cable is used to replace existing underground cable that fails and also to extend service to new
residential and commercial customers. A more detailed description of the background of this bid
item and pricing volatility of the metals market is included in the attached Public Utilities Board
agenda information sheet (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its February 25, 2008 meeting.
RECOMMENDATION
Award Items 1-15 to the lowest bidder meeting specification, Techline, Inc. in the estimated
amount of $2,087,679. Of the ten bids submitted, nine were deemed non compliant due to bid
exceptions, withdrawals or errors. A complete description of each bid's noncompliance is listed
in the Background Section of the attached Public Utilities Board agenda information sheet
(Exhibit 1).
PRINCIPAL PLACE OF BUSINESS
Techline, Inc.
Fort Worth, TX
Agenda Information Sheet
March 4, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
Purchase orders will be prepared immediately after Council approval. Delivery is estimated 28-
60 weeks from receipt of an order.
FISCAL INFORMATION
The cable will be purchased from the Warehouse Working Capital Inventory account
800100.6402 and charged to appropriate department accounts as utilized.
EXHIBITS
1. Public Utilities Board Agenda Information Sheet Without Exhibits
2. Bid Tabulation
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3941
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: February 25, 2008
DEPARTMENT: Utilities
UTILITIES ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of the prices in Bid #3941 and awarding aone-time purchase
for primary and secondary insulated electric distribution cables to Techline, Inc., located in Fort
Worth, Texas in the expenditure amount not to exceed $2,087,679.
BACKGROUND:
Bid #3941 is to supply primary 15kV and secondary 600V insulated electric cable that Denton
Municipal Electric (DME) uses to distribute primary and secondary underground electrical
service. The electric cable types covered by this bid are insulated electric conductors that are
used in underground electrical applications. Primary and secondary insulated cable is necessary
to provide electric service. If cable is not available, existing underground cable that fails cannot
be replaced to restore service to customers, and underground service cannot be extended to new
residential and commercial customers.
Standard City of Denton purchasing procedures were followed, and 8 notices were provided to
prospective bidders. Ten bids were received. The bid evaluations are summarized in Exhibit 1.
Only Techline, Inc. submitted bids in accordance with the specification with pricing that would
remain firm long enough to allow for the city's approval process. The other seven bidders took
exceptions to the specification and required adjustments be made in their bid prices based on the
metals market as noted in Exhibit 1. We were advised on Monday the 11th that there was a spike
in the copper and aluminum metals market with copper being affected more significantly;
therefore, two bids were withdrawn. Five other bids did not comply with the bid specifications
as related to firm pricing and approved manufacturers. Price adjustments would have either been
applied at the time the order was actually placed or at the time the order was shipped to Denton
depending on the vendor's bid. The bid withdrawal and noncompliance of seven bidders is
indicative of the volatility in the metals market place at this time. Bid exceptions, bid
withdrawals and bid errors are listed below:
ICC Cable Corporation:
• Bid error on item 6, in which there was a typo.
• Bid item 5 pricing error.
• Submitted bid for product not pre-approved per specifications on page 20.
Exhibit 1
AIS -PUB Agenda Item #2
February 25, 2008
Page 2 of 3
American Wire Corporation:
• Bid error on item 5. Price for item 5 should be higher than item 4. Item 5 is three times
the cable on item 4.
• Requested clarification, bid is not considered due to pricing error.
• Submitted bid for product not pre-approved per specifications on page 20.
Stuart C. Irby:
• Vendor noted exception stating "prices firm except for metals adjust escalationlde-
escalation"
• Specifications required firm pricing for 60 days.
• Submitted bid for product not pre-approved per specifications on page 20.
TEC US & S:
• Pricing has expired. Pricing firm for 30 days from bid opening on January 17, 2008.
Kerite CIO Utilicor:
• Vendor noted exception to include a metals price adjustment at date of shipment on both
bids.
• Specifications required firm pricing for 60 days.
HD Supply:
• Vendor withdrew both bids bid due to a pricing error from the manufacturer.
Wesco:
• Vendor noted exception to include a metals price adjustment at date of shipment.
• Specifications required firm pricing for 60 days.
The above bid exceptions from the seven vendors limit the city's ability to accurately compare
the bids. The bid was structured as a one-time purchase in an attempt to avoid potential
evaluation issues; however, the metals market volatility greatly impacted the length of time
bidders were able to quote firm pricing.
Until recently, it has been our practice to utilize annual or multi-year material purchasing
agreements. This allowed purchase of materials, based on council approved unit costs, closer to
the times actually needed without having to go through the purchasing approval process several
times in a year for the same basic and core product item. Because of the volatility in the metals
market and the longer material lead times, vendors are now typically refusing to bid on these
kinds of agreements. If they do bid, they greatly inflate prices to protect what they predict would
be the worst case, or highest material cost, throughout the term of the agreement. For DME to
continue to seek longer term agreements in the present market would mean paying much higher
prices than for one-time purchases at least for items ordered early in the agreement's time period
and may limit opportunity to obtain the benefit of lower prices should the market stabilize or
moderate.
Exhibit 1
Quantities for this purchase were based on review of planned projects for the next six months
and taking into account historical cable usage and existing warehouse inventory. A six month
Exhibit 1
AIS -PUB Agenda Item #2
February 25, 2008
Page 3 of 4
quantity was ordered because the current cable delivery lead-time is one to three months and the
total time required to bid and meet the schedules for Public Utility Board and City Council
approvals can take from six to eight weeks.
The Techline Inc. bid is the lowest qualified bidder for all line items that meet specification for
both standard reel and cut to length pricing options.
OPTIONS:
1. Recommend approval of the pricing in Bid #3941
2. Do not recommend approval of the pricing in Bid #3941
RECOMMENDATION:
DME recommends approval of the pricing in Bid #3 941 and award line items 1-15 to Techline,
Inc. for both reel and cut to length pricing options.
ESTIMATED SCHEDULE:
Purchase Order will be prepared immediately after City Council approval.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None
FISCAL INFORMATION:
Electric distribution cable purchased under this agreement will be used for capital projects and
funded from bonds once issued from City of Denton Warehouse stock.
BID INFORMATION:
Exhibit 1 is a summary of the bids.
DATE SCHEDULED FOR COUNCIL APPROVAL:
March 4, 2008
EXHIBITS:
1. Bid Evaluation
2. Copper Spot Price Graph
Respectfully submitted,
Phil Williams, General Manager of Electric Utilities
Prepared by:
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF PRIMARY AND SECONDARY INSULATED ELECTRIC DISTRIBUTION
CABLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3941-SINGLE
PURCHASE OF INSULATED ELECTRIC DISTRIBUTION CABLE AWARDED TO THE
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, TECHLINE, INC., IN THE
ESTIMATED AMOUNT OF $2,087,679).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
3941 Techline, Inc. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r=
5
_ _ ~
BY:
4-ORD-3941
BID #3941 Exhibit A
DATE: January 17, 2008 SINGLE PURCHASE FOR ELECTRIC DISTRIBUTION CABLES
No. COD DESCRIPTION QTY VENDOR WAREHOUSE #
Techline, Inc.
Principle Place of Business: Fort Worth, TX
Cable, 750 Cu, EPR Primary, Shielded
1 280-80-110 (See Shielded EPR detail section) 78,000 ft. $13.110
2, 000 ft minimum reel lengths
Cable, 750 Cu, EPR Primary, Shielded
1 a 280-80-110 (See Shielded EPR detail section) $14.580 Cut to length footages
Cable, 500 Cu, EPR Primary, Shielded 2 280-80-100 (See Shielded EPR detail section) 2,500 ft 17,500 ft. $9.320
minimum reel lengths
Cable, 500 Cu, EPR Primary, Shielded
2a 280-80-100 (See Shielded EPR detail section) $10.450
Cut to length footages
Cable, AL 4101-Phase, Primary, 113
3 280-80-055 Reduced Concentric Neutral, Strand Filled, 130,000 ft. $2.180
220 Mil. (See Concentric EPR detail section) 4, OOOft min. reel lengths
Cable, AL 4101-Phase, Primary, 113
3a 280-80-055 Reduced Concentric Neutral, Strand Filled, $2.440 220 Mil. (See Concentric EPR detail
section) Cut to length footages
Cable, AL #21-Phase, Primary, Full
4 280-80-010 Concentric Neutral, Strand Filled, 220 Mil. 60,000 ft. $1.530 (See Concentric EPR detail section)
6, OOOft minimum reel lengths
Cable, AL #21-Phase, Primary, Full
4a 280-80-010 Concentric Neutral, Strand Filled, 220 Mil. $1.710 (See Concentric EPR detail section)
Cut to length footages
Cable, AL #2 3-Phase, Primary, 113
Reduced Concentric Neutral, Strand Filled,
5 280-80-040 220 Mil. (See Concentric EPR detail 20,000 ft. $4.460
section) 2, 500ft minimum reel lengths
Cable, AL #2 3-Phase, Primary, 113 Reduced Concentric Neutral, Strand Filled,
5a 280-80-040 220 Mil. (See Concentric EPR detail $5.010
section)
Cut to length footages
Cable, 350 AL-350 AL-410 AL, BOON XLP,
6 280-35-230 37,37,19 Strand (Wesleyan) 10,000 ft. $2.240
3-Yellow longitudinal stripes on Neutral 1, 000 ft minimum reel lengths
Cable, 4I0-410-210 AL, BOON XLP, 19
7 280-80-060 Strand (Sweetbriar) 3-Yellow longitudinal 54,000 ft. $1.310 stripes on Neutral 1, 000 ft minimum
reel lengths
BID #3941 Exhibit A
DATE: January 17, 2008 SINGLE PURCHASE FOR ELECTRIC DISTRIBUTION CABLES
No. COD DESCRIPTION QTY VENDOR WAREHOUSE #
Techline, Inc.
Principle Place of Business: Fort Worth, TX
Cable, 2/0-2I0-#1 AL, BOON XLP, 19
8 280-80-070 Strand (Converse) 3-Yellow longitudinal 3,000 ft. $0.974
stripes on Neutral 1, 000 ft minimum reel lengths
Cable, 500 Cu., BOON XLP, 37 Strand 9 280-24-340 1,000 ft minimum reel lengths 4,000 ft. $7.840
Cable 250 Cu., BOON XLP, 37 Strand 10 280-35-220 (Hofstra) 1,000 ft minimum reel lengths 4,000 ft. $4.040
Cable, 4/0 Cu., BOON XLP, 19 Strand
11 280-24-300 1,000 ft minimum reel lengths 4,000 ft. $3.390
Wire, 4I0 Soft Drawn Bare Copper, 19
12 280-16-220 Strand (Nehring) 30,000 ft. $2.790
1, 500 ft minimum reel lengths
Cable, 2/0 Cu., BOON XLP, 19 Strand 13 280-24-280 1,000 ft minimum reel lengths 2,000 ft. $2.190
14 280-24-260 Cable, #2 Cu., 600VXLP, 7 Strand 1,000 1,000 ft. $1.110 ft minimum reel lengths
Cable, #6 AL Duplex BOON 7 Strand XLP, 15 280-35-010 (Claflin) for Street Lite use 4,000 ft. $0.308
4, 000 ft minimum reel lengths
Manufacturer Quoted: Prysmian Cables
& Systems
Authorized Distributor by Manufacturer? Yes YES or NO
Delivery can be made in days of 28 - 60
receipt of order.
Bidder's Comments: NIA
*Prices shall be FOB Denton
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 February 25, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, February 25, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, and Randy
11 Robinson
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities, excused
16
17 Absent: Dick Smith and Bill Grubbs, excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 ITEMS FOR INDIVIDUAL CONSIDERATION:
26 2) Consider recommending approval of the prices in Bid #3941 and awarding aone-time
27 purchase for primary and secondary insulated electric distribution cables to Techline, Inc.,
28 located in Fort Worth, Texas in the expenditure amount not to exceed $2,087,679.
29
30 Jim Coulter, Director Water Wastewater Utilities, called on Phil Williams, General Manager,
31 DME, to present. Williams stated there are challenges with anything that contains copper. Ten
32 bids were received and evaluated. Only Techline, Inc., submitted bids in accordance with the
33 specification with pricing that would remain firm long enough to allow for the city's approval
34 process. On March 1 lth there was a spike in the copper and aluminum metals market and two
3 5 bids were withdrawn. Five other bids did not comply with the bid specifications.
36
37 Board Member Baines questioned if Techline, because its bid was lower than the others, would
3 8 standby its bid price. Williams replied it was hoped so. Chuck Sears, Engineering Division
39 Manager, stated that all of these companies will hedge from time to time and, depending upon
40 where they hedge into the market, if they can hold the price, they will.
41
42 Board Member Bill Cheek as if DME would use all the quantities. Sears replied these quantities
43 are conservative and DME will probably use more.
44
45 Board Member Baines asked what would happen once the bid is approved and the vendor
46 withdraws its bid. Williams replied there is a percentage variation that is allowed but if the
47 prices go beyond that amount, there will be a rebid.
48
49 Board Member Robinson moved to approved with a second from Board Member Baines.
50 The motion was approved by a 5-0 vote.
51
JG 111G IIICCLIllg WUN UUJUUiIICU Uy UUIINCIINUa UL 1V.J`F U-111-
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, Utilities 349-823
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to approve an
Encroachment Agreement, to allow two stainless steel ethanol transfer lines and electric conduit
service lines and related appurtenances to be located in a Public Access and Firelane and
Utility Easement located on said tract being described as a 43 square foot tract of land situated in
the 0. S. Brewster Survey Abstract No. 56, in the city of Denton, Denton County, Texas, being a
portion of a Lot 1B, Block 1 of Granite Point Addition, Phase 1, an Addition to the City of
Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Slides 753-
757, Plat Records, Denton County, Texas, and providing an effective date. The Public Utilities
Board recommends approval (0-0).
BACKGROUND SFT Industrial, L.P. is the owner of said tract, has requested permission to use an area within the
boundaries of an existing 26' City of Denton Public Access and Firelane and Utility Easement to
allow the installation of two stainless steel ethanol transfer lines and electric conduit and service
lines and related appurtenances. Tetra Point Fuels "the Tenant" is proposing to lease a building
owned by the applicant in order to locate an ethanol production facility at 23 40 I-3 5 W, which
lies within the city limits of Denton. Tetra Point Fuels has pioneered an innovative approach for
producing ethanol from liquid waste generated by the food and beverage industry. The function
of the facility is to allow for the reclamation of liquid waste from expired or unsellable products
containing sugar. The process involves disassembling, sorting, repackaging and processing
containers and the liquid contents originally bound for consumer markets like grocery stores. The
encroaching facilities will serve to transfer the fermented byproduct to storage tanks located
away from the building. It is the intent of the property owner to enter into an Encroachment
Agreement with the City to allow the Tenant to construct the two stainless steel ethanol transfer
lines and electric conduit and service lines, and for the owners to maintain the liability should the
City of Denton need to exercise their rights within the easement. The owners were required to
make an application through the Development Review Committee for an encroachment
agreement.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
DRC Approval: February 1, 2008
The Public Utilities Board February 25, 2008
FISCAL INFORMATION
NIA
EXHIBITS
1. Location Map
2. Site Map
3. Encroachment Agreement
4. Ordinance
Respectfully submitted,
-
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by:
Doreen Blackstone
Right of Way Agent
Real Estate & Capital Support
Exhibit 1
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LOCATION MAP
SFT INDUSTRIAL
ENCROACHMENT AGREEME
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EXHIBIT 3
~oTIC~ ~F ~NFI~~]TI~LIT'~ RIT IF Yo17 ARC A N1~T~R~L PHRSON~ '~a~
~ OR ~T~~$ A~1Y ~R ~iLL ~F THE FDLLa~1IN IN~~AT~ON gR~~ ~N'Y IT~~ TH~iT TRA~F~RS ~T IT~R~T I READ P~~P$RTY B~~'aRH
I IS FILE FoR RHaR~ IN THE P'U'BLIC HH~~RDS: Y~~R SOIL ~SC'[~IT~
~BBR ~R 3~O~R ~RI~' ~ LI CASH ~$R .
ENR~AHI~~NT ~4REE~IENT
~1tHEREA, AFT IN~IJTRIAL, L.P.~ a Texas lirn~ted partnersh, of ol~~n bounty
Te~ca, ~hereir~after referred to as ~~IENSEE"~, has requested pem~ission to use an area
within the boundaries of an existing CITY of Benton the "~ITY~} Public Access and
Eirelane and Utility Eaer~ent ~"lTl~ EASEMENT} a defined below, located in Benton
County, Texas far the installafion of tu~o stainless steel ethanol transfer !'rues and electric
candui#~and service lines and related appurtenances the "ENCR~ACHIN ~A~ILIT~"~;
and
VvHEREAS, the ENR~AHIN FACILITYwill be sated within that porkian of the
iTY EASEMENT and mare particularly described a a 4 acre foot arcel in Exhibit "A~
~ ~ and illutra~ted in Exhibit attached hereto and rude a part herea~ by reference the
~ENR~ACHMENT AREA"~; and .
I~VHEREA, LiENEE has entered into this agreer~ent to set forth cerkain
respon~ibilits that i# has under this Agreement; and
1~VHEREAS, The CITY of Denton, Te~ca ~ITY"~ hereby grants permission and
license to LIENEE to the locate, maintain and repair the ENRAD~# INS FACILITY
within the ENR~AHMENT AREA, subject to the following terms and coed"ions:
It is understood and agreed that the C1TY only holds EASEMENT interests far the
CITY EiASEMENT portion of the ENCRC~AHMENT AREA, Therefore, LICENSEE is
responsible to obtain whatever rights and perrnissian, other than the 1T~'s that are
necessary frn any others having an interest in the ENR~ACHMENT AREA. This
agreen~err# shall extend to and be binding upon LrCENSEE and its heirs, successors, and
assigns, and is not to be interpreted as a waiver of any rights held by the CITE under CITY' EASEMENT.
The ENDR~AHII'V FACILITY shall be constructed in such a rnanne~r, as riot to
interfere wi#h the CITY facilities and shall be limited to and constructed in accordance with
the Did of Denton ~evelapment cde requirer~ent. LICENSEE shall be re aired to q
obtain a building permit frarn the City of Denton prior to installation and placerner~t of the
two starless steel ethanol transfer lines and electric conduit and service lines. when
referdn to the ENR~AHIN EAILITY within this agreement such term shall mean the
ENCR~Al~IiV FACILITY constructed in accordance with the PLANS ANU
PEI~IATI~N and uthari~ed Madifitions, if any. The CITY reserves the right to
limit excavation within the ENCR~AI~MENT AREA andlar to rewire speoifc construction
i
~ ~
methods ~fn~uding trench sharing dry bore and casing installation techniques for any
proposed utility work that may be permitted by this agreement. These limitations or
constru~tian ~rethods shall be included in the consuction PLANS AND Bi~EIFICATION
for any work perfon~ed within the ENCROACHMENT AREA. In addition, the LICEi~SEE
shall provide adequate inspection and coordination with the CITY insure the contractor
adheres to these items during construction.
The ENCROACHING FACILITY is subordinate to the CITY's facilities and rights
under the CITY EASEMENT, including without limitation, utilities and related facilities located now or ~n the future within the ENCROACHMENT AREA. In the event the CITY
repairs, expands, ar adds to its facilities within the ENCROACHMENT AREA, and in the
CITY's sole opinion it is necessary that the Encroaching Facilities be model, removed or
relocat~d~ In whale in tD aCCOt1~n~Odate such repairs, 8~(pansl~n or addltlon,
LICENSEE half, at its sole Est, modifyt remove or relocate the ENCROACHING
FACILITY, a directed by the CITY, no later than 3g days after CITY gives LICENSEE
written ~rotice, unless an emergency. repair is necessary wherein the CITY has the right to
rernove~ the ENCROACHING FACILITY irr~rnediately at the LICENSE' sole cost and
expense withaut any liability to CITY for such action.
4. L' ICENEE shall defend, indemnify and hold harmless the CITY, its employees and
agent from and against any end all claims, e~cpenses, ~inc~uding attorney fees,damages,
losses end judgments arising out of or incident to the presence: constructionf operation
and maintenance ofthe ENCROACHIfVG FACfLfTY. Before per~orrning anyworkwithin the
ENCRC~ACI~MENT AREA I~,ICENEE and its agents or contractors shall provide to the
CITY such certific#e or certcates of insurance complying r~rith the CITY's insurance
~requirer~ents pr~ar to contructian or placement of the ENCROACHING FACILITY.
~:ICEf~EE and r~ successors and assigns to, shall purchase and maintain General
Liability Insurance narr~ing the CITY as an additional insured far damages arising from the c~nstruuion and maintenance of the two stainless steel ethanol transfer lines and
electric
conduit and service lines and related appur#enance with a limit of not Tess than
$~o,i4.D0 for each person and $~4,0~0.~~ for each single occurrence for bodily injury
or death and ~o~,~DO.D~ for each single occurrence for injury to or destruction of
f~roper~r.
. fiICEfVEE will limit the cuts needed in the ENCROACHMENT AREA crossing
pones required for construction of the ENCRCACHIhiO FACILITY to prevent construction
equipment from damaging exis~ng CIT1~ facilities or public utilities Iacated within the
ENCROACHMENT AREA and adjacent areas.
T. It Is agreed that no trash durnpsters, toxic substances or ~ar~mable material will be
allowed' on r in the ENCROACHMENT AREA.
8. Tf~e CITY will not be responsible for any costs of construction, operation and
maintenance of LICENSE' EIVCI~OACHIfVO FACILITY. It i further agreed that the
CITY shall not be liable for any damage tv the ENCROACHING FACILITY as a result of
I
~ F ~ I ~
I I
the CITY's ~ pursuant to its EAEI~EiVT. If any CITY property is damaged or destroyed
~y LICENSEE o~ i agents it may a repaired or replaced ~y the CITY at LiCEIVEE's
expense and payment is die upon LICENSE' receipt of an invoice from the CITY.
9, grading, if any, shall he done in order to leave the EN~~ACl~IENT AREA and
EASEMENT ~n a near a possible to its present condition. spoil dirk and all trash shall be
remvve~d from these areas.
~ Construion equ~p~rent and materials shall not stored on the ~~ICR~~IMENT
AREA or EAE~IENT or ~ght-af~w~y areas during canstruc~ion.
~ ~ . It i understood and agreed that, in case of default by LICENSEE or its agents in any of the terms and conditions herein stated and such default continues for a period
of ten
o~ dad after ~e notifies LIENEE of such default, the CITY may at its election
forthwith terminate this agreement and upon such termination a!I of LICENEE's fights
hereunder shall cease and cone to an er~d. This agreement shat! also te~rinte upon the
ahandonment of the ENR~HlN FA~ILlTY, .
1 rthls agreement shall ~e construed under the lags of the State of Texas and is fully
perforr~a~le in Denton County, Texas.
dated to be effoti~re a f the ~ day of , ~40~.
CITY ~F DENT~I~, TEAS
BY:
E~lE C. CAMPBELL
CITY h~lAN~4CER ~1 E. Mcl~inny
Denton, Texas ~'~0~
ATTEST:
,~EhIIVl~E~ iIIIALTE~t CITY EC~ETARY
SY:
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I
APPR~D A T~ F~~~:
~DII NY~~~, TYA ~RN~Y
BY:
AFT Ind stria!, L~~,,
Texa ~ r~' d p rtnerhip
Signature
Qavid Cunningf~am, Director, ~evela~mer~tlContruation
Name ~rin~ed and Tile
~4I~N~VIILE~~1~~ NT
TH ~ STATE X31= T~iCA AUNTY ~F
This ins~um~r~t was a~kr~owiedged ~ef~~e ime on
b earge . m~bell, i#~ Manager the CITY o~ ~~NT~N, Tees, en ~ehal~ cf such
rnunic~~ali~
Notary Public in end fir the State ~f Texas
M omn~~ssi~n ~~cpires:
i
~ ~ '
i
A~MCNUVLED~h~ENT
Tl~E ATE ~F Texas
LINTY a~~in
This ins#r~rn~nt qua ckn~v~dgd bef~r~ me ~n ~e~~uary, , 208,
~ David R. Cunningham ~NI'~'1~~, Director, Dev, & onst. _ ~Titl~~ AFT ~r~du~~l~~,
L.~.
~~~~~~~~rt~i~~~r~~,,~ff~ r~~~ ~~~C~ ~ ~ ~
f
` ~
~ ~ f ~r• ~ ~ ~ Y V! F ■ Not~,~v/ ~ ~ a ~ the #a~e ~f Texas ~ ~ RRRlll
V~ ■ s ~ 4 ~ ]I ~~11~li~ xp~~es ;
yy~~ M ~ ~ f rtT}.~' .its
: ~ 1X111
~JPON ~~LiNC, PLEA RETURN T:
i#y of D~nt~n
Eng~ne~ring Ueparen#
Attn: Paul illia~m~s~n
9D~-A Texas Street den#~~, T~ ?~0~
I
~ ~
1~I~T~o~-SAY AGREEMENT
~N~oAHI~Eh~T ~IEL.D NOTE
EHI~lT i'~fl
BEING 4 pare feet of land located in tl~e BPEII~f~'ER Bi~1IEY,
Abs#rct No. 5~, Denton County, Te~cas, being portion of Lot ~ B, Block
Granite Point, F~~ase ~ , a shown by the plat recorded in Cabinet "illl", Pages ?~T? of the Plat records of Denton County, Teas, and being mare
par~cularly described by metes and hounds a follows:
B~~NNING at a int ~ irr N °~'oo~E, x.44 feet frorrr the southwest 9
comer of said Lot ~ and lying in the west I~ne of ~ foot wide Public Access
and Eirelane Utility Easement as shov~n by aforementioned plat, said point
being tf~e beginning of a Curve to the Right;
TRENCH N~RTH~ATERI~Y along the Vilest sine of said fact wide Public
Access and Pirelane Utility Easement, feet along said Curve to
the fight, having a radius of ?8.0~ feet, a central angle of ~~°~3'~
and a chord bearing N ~ feet to a point a~ the end of
said Curve to the fight;
THENCE N 8S°'~~E, ~~.og feet to a point in the East Ifne of said foot wide
Public Access and ~irelane & Utility Easement, being the beginning of
~ lVon-Tangent curve to the ~.e~;
THENCE ~UTHwETELY along the East line of said ~fi foot wide Pubic Access end Firelane l~tility Easement, x.87 feet along said Non
Tangent Curve tv the Lei, having a radius of b. feet, a central
angle of 01°D'l~ and a chord bearing 0~°3~'l"VV,1.~7 feet to a
~o~nt at the end of said Non-Tangent Curve to the deft;
TI~ENCE 88°3="~!, .0~ feet to the P1~4CE of BEGINNING ntaining 4~
square feet of land.
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EXHIBIT 4
ORDINANCE NOr
I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEA
AUTHORI~INC THE CITY ANACER OR HIS DEZC~NEE TO APPROVE AN
ENCROA.CHENT A.REEENT BETWEEN THE CITY OF DENTON AND SFT
INDUSTRIAL, L.P. TO ALLOT THE INSTALLATION OF TAO STA]NLES
STEEL ETHANOL TRANSFER LANES AND ELECTRIC CONDUIT AND S~R.VICE
LINES AND RELATED APPURTENANCES WITHIN AN E~ISTIN CITY OF
DENTON PUBLIC ACCESS AND FIRE LANE AND UTILITY EASEMENT; SAID
TRACT BEING DESCRIBED A. 4 UARE FOOT TRACT OF LAND
SITUATED IN THE O. . BRESTER SURVEY ABSTRACT N0.5, BEING PART
OF LOT 1B, BLOCK 1 OF GRANITE POINT ADDITION, PHASE 1, AN ADDITION
TO THE CITY OF DENTON, DENTON COUNTY, TEAS, A.CCORDINO TO THE
PLAT THEREOF RECORDED IN CABINET , SLIDE 753-757, PLAT RECORD,
DENTON COUNTY, TEAS, AND PROVIDING AN EFFECTNE DATE.
WHEREAS, The City Council finds that appro~ral off' the Encroachment
A.green~ent attached hereto and made a part hereof by reference the "Agreement"} is in
the public Interest; NOS, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The f ind~n~ and reeltatlo~~ cv~ta.~ned In the preamble of th~.~
reso~ut~on are a~corporated here. by refere~.ce,
SECTION 2. The Agreement is hereby approved. The City Manager or his
designee is hereby authorized to execute the Agreement one behalf of the City and to carry
out the City's rights and obligations under the Agreement.
SECTION 3 r This ordinance shall become effective immediately upon its .
passage and approval. ,
PASSED AND APPROVED this the ~ day of , X008,
PERRY Rr McNEILL, MAYOR
i
I +
ATTEST;
~ENNIEER ALTER, CITY E~ETARY
B~:
APP~~ED A T~ LEGAL Rai:
EI~~UI~ N] CITY OR~TE~
BY:
Page 2
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AGENDA INFORMATION SHEET
DATE: March 4, 2008
DEPARTMENT: Police
ACM: Fred Greene
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas amending the provisions of
Chapter 6 by amending Section 6-2 definitions to add definitions related to feral cats; by adding
Article III regulating feral cat colonies; providing for a severability clause; providing for a
savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and
providing for an effective date.
BACKGROUND
Feral cats can be found in every community. Feral cats are essentially domestic cats (or their
subsequent offspring) that have been lost or abandoned. These cats typically band together in
groups called colonies. With little to no contact with humans, these cats revert to their "wild"
nature and fend for themselves. Truly feral cats are untrusting of humans and cannot be picked
up or easily handled. If left unchecked, the unsterilized cats in these colonies will reproduce and
the number of feral cats will expand significantly. Traditional animal control methods involve
placing live traps in the area of a colony and trapping individual cats. Once trapped, these cats
are taken to a local animal shelter and kept for the mandatory holding period. Because of their
feral nature, they are not considered adoptable and the vast majority are eventually euthanized.
This process is somewhat costly to the local entity, as they bear the full cost of the manpower
and resources required to trap, hold, feed, and euthanize the animals. Further, this method is not
effective in addressing the problem. It is difficult to provide enough manpower and resources to
trap enough cats in the various colonies to offset the reproduction cycle of the remaining feral
cats. This is further complicated by the number of cats being abandoned by irresponsible owners.
In response to the ineffectiveness of the traditional animal control approach, a number of
communities have begun adopting some form of aTrap-Neuter-Release (TNR) program. These
programs have been in existence with private groups and individuals for many years, and have
shown to be very effective. In essence, the TNR program offers a cooperative, humane approach
for controlling cat overpopulation in a community. TNR begins with identifying community
organization and individuals who are willing to volunteer their time and resources to manage
individual feral cat colonies. These groups or individuals trap the cats within their colony and
transport them to a veterinarian. The veterinarian examines, sterilizes, vaccinates, and "eartips"
the cat. "Eartipping" involves the veterinarian removing a quarter inch of the top of the cat's left
ear, which denotes that the feral cat has been vaccinated and sterilized. Some cities also require
that the cats be micro chipped for identification purposes. Following the veterinarian treatment,
Agenda Information Sheet
March 4, 2008
Page 2
the cat is released back to the colony. Research has shown that once these cats are sterilized, they
will essentially live out their life in this colony with little trouble to the surrounding community.
After sterilization, these cats do not continue the typical mating behaviors that often are the focus
of neighborhood or community complaints. With the appropriate veterinarian care, these cats no
longer risk the spread of rabies. The volunteers provide food, water, and shelter (if appropriate)
for their colony, and they routinely monitor the colony to look for signs of sick or injured cats.
Through this approach, the local entity can adequately address the cat overpopulation problem
with the need to expend tremendous amounts of manpower and resources. The TNR program
will help reduce the number of cats being held and euthanized in the shelter.
Denton Application
The proposed ordinance has been taken from portions of ordinances adopted (or being
considered) in Ft. Worth, San Antonio, and Cook County, IL. Construction of this ordinance also
involved consultation with the UNT Feral Cat Rescue Group. Under this ordinance, the City
would authorize the existence of feral cat colonies. Individual volunteers who wish to be the
caretaker of a specific colony must comply with a number of requirements, including registration
of the colony, providing appropriate medical treatment for the animals, and completing a
mandatory annual education course. To help manage this program, the ordinance establishes a
three member oversight committee to advise the Animal Services Supervisor on the TNR program. This committee will comprise two members with knowledge of TNR
and feral cat
issues. The third member will be a local veterinarian. This committee will develop the education
course material and assist with addressing any complaints or problems involving cat colonies or
caretakers.
This TNR program would also require that cats trapped in the colonies be micro chipped for
identification. The Animal Shelter currently provides micro chip services for a minimal fee. This
program can be extended to colony caretakers, and may very well be covered by donations from
outside organizations. The microchips can be implanted at the time of vaccination/sterilization
and would be used to return the cat to the colony. This micro chip can be used to track (and
address) specific cats that are repeatedly trapped. By utilizing micro chips, the shelter can also
limit the need to hold feral cats while trying to determine if they are from a specific colony.
It is important to note that this TNR provision does not relieve the owners of domestic cats from
their responsibilities under other sections of the City ordinances. The intent of TNR is to provide
a humane approach to reducing overpopulation in feral cats. These programs have been
successful in many cities and on a number of college campuses.
PRIOR ACTION/REVIEW
None
Agenda Information Sheet
March 4, 2008
Page 3
FISCAL IMPACT
This ordinance will not have any negative fiscal impact on the City of Denton. It is anticipated
that this ordinance will result in fewer feral cats being held and handled by Animal Services
staff. As a result, Animal Services can redirect staff and resources to other aspects of the shelter
operation. The use of volunteers and donations should offset any costs associated with the
operation of a TNR program.
Respectfully submitted,
Roy W. Minter
Chief of Police
Prepared by:
Lt. Scott Fletcher
S:10ur DocumentslOrdinances1081FeralCatsAnimalAmendments.doc
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 6 BY AMENDING SECTION 6-2 DEFINITIONS TO ADD DEFINITIONS
RELATED TO FERAL CATS; BY ADDING ARTICLE III REGULATING FERAL CAT
COLONIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is
hereby amended by amending Section 6-2 to add the following terms to the list of defined terms:
EAID, feral cat, feral cat caretaker, and feral cat colony. Section 6-2 shall read as follows:
Sec. 6-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Abandon means to leave without human supervision, unattended, and without adequate
provisions, for an unspecified amount of time.
Animal means all living creatures, excluding human beings, and where applicable
includes birds, fish, mammals, and reptiles.
Animal control officer means the person employed by the city to represent and act for the
city in the impoundment of animals, controlling of stray animals, enforcement of this chapter and
applicable state regulations, and as otherwise authorized herein.
Animal control center or shelter means achy-operated or designated facility for the
impounding and caring of animals held under the authority of this chapter.
Animal waste means feces, urine, litter, bedding, spoiled food, or other animal matter
that causes foul odors, attracts vermin or encourages their reproduction.
At large or running at large means an animal not kept within an enclosure or fenced area
or restrained by a leash of sufficient strength and length to control the actions of said animal.
Building means any structure or enclosure intended for use or occupation as a habitation
or for some purpose of trade, manufacture, ornament or use.
Cat means an animal of the feline species, both male and female.
Circus or carnival means a commercial variety show featuring animal acts for public
entertainment.
City means the City of Denton, Texas.
Commercial kennel means any premise wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats.
Dangerous animal means a dog that makes an unprovoked attack on a person, or a
domestic animal, that causes bodily injury.
Dog means an animal of the canine species, both male and female.
Domestic animal means all species of animals commonly and universally accepted as
being domesticated.
EAID means electronic animal identification device commonly referred to as a microchip.
Equestrian developments means residential developments which are designed to
accommodate equestrian activities and which provide such facilities as community stables, riding
S:10ur DocumentslOrdinances1081FeralCatsAnimalAmendments.doc
rings, pastures, and riding trails. In addition, private stables may be located on individual
residential lots.
Estray means any stray livestock.
Feral Cat means a cat that is (1) born in the wild or is the offspring of an owned or feral
cat and is not socialized, (2) is a formerly owned cat that has been abandoned and is no longer
socialized, or (3) lives on a farm.
Feral Cat Caretaker means a person other than the owner, who provides food, water or
shelter to, or otherwise cares for, a feral cat.
Feral Cat Colony means a group of cats that congregates, more or less, together as a unit.
Although not every cat in a colony maybe feral, any non-feral cats that congregate with a colony
shall be deemed to be a part of it.
Ferret means a domesticated animal of the putorious family, both male and female.
Fowl means any species of feathered animals which are normally suited for, or kept or
used on, a farm, a ranch, or similar setting for agricultural purposes such as food or food
production, animal husbandry, and production of clothing material, commerce, or other similar
purpose, regardless of age, breed, or sex, unless stated herein, or determined by the animal
control officer. The following and similar species shall be considered to be fowl regardless of
age, breed, or sex, unless otherwise stated herein or determined by the animal control officer:
chickens, ducks, game hens, geese, guineas, peafowl, pheasant, quail, swans, and turkey.
Habitation means a structure that is adapted for the overnight accommodation of
persons.
Harbor means the act of keeping and or caring for an animal or of providing premises to
which the animal returns for food, shelter, or care, for a period of at least three days, or
protection from impoundment.
Hybrid means the offspring of two animals of different species.
Livestock means any species of animals which are normally suited for, or are kept or
used on, a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food
or food production, production of fiber or clothing material, riding, driving, pulling, hauling,
commerce, or similar purpose. For purposes of this chapter, the following or similar species of
animals shall be considered to be livestock, regardless of age, breed, or sex, unless otherwise
stated herein or determined by the animal control officer: bovine, equine, goats, sheep, swine.
Owner means any person owning, keeping or having custody or control of, or who has
primary responsibility for the care of, or right of property in, an animal.
Police canine means any dog trained or being trained for law enforcement purposes,
which is under the care, custody, and control of a law enforcement officer.
Possession means actual care, custody, control or management of an animal.
Premises means any parcel of land that is owned, leased, or otherwise controlled by a
person.
Prohibited animal means any species of animals whose sale, display, or possession
within the city limits is unlawful. The following or similar species of animals, including their
hybrids, shall be considered prohibited:
(1) Class Reptilia. Family Helodermatidea (the venomous lizards); family Viperidae
(rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas);
family Colubridae--Dispholidus typuss (boomsland), Cyclagras gigas (water cobra) and Bioga
dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order
Crocodilia (crocodiles, alligators, caimans and gavials);
(2) Class Aves. Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
Page 2 of 6
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(3) Class Nlammalia. Order Chiroptera, including bats; Order Carnivora, family Felidae (such
as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted
domesticated cats; family Canidae (such as wolves, Bingos, coyotes and jackals), except
domesticated dogs; family mustelidae (such as weasels, martens, minks, badgers), except
domesticated ferrets; family Procyonidae (raccoons; family Ursidae (such as bears); Order
Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths,
anteaters and armadillos); order Proboscidea (elephants); Order Primata (such as monkeys,
chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as
antelope, deer, bison and camels).
Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse,
gerbil, or reptile families Leptotyphlopidae and Colubridae.
Protective custody impound means the impoundment of an animal as the result of a fire,
medical emergency, hospitalization, custody arrest, or other natural or manmade situation that
leaves the owner, harborer or person otherwise in possession of animal incapable of maintaining
control of, or caring for, the animal.
Public place means any place to which the public or a substantial group of the public has
access and includes but is not limited to streets, sidewalks, highways, alleyways, parks and the
common areas of schools, hospitals, apartment houses, office buildings, transport facilities and
shops.
Quarantine means the strict isolation of a biting animal or animal suspected of being
rabid in a closed cage or pen in a manner that prevents physical contact between the animal and
all other animals and humans.
Sterilization means the surgical removal of the reproductive organs of an animal to
render it unable to reproduce.
Stray animal means any animal for which there is no identifiable owner or harborer,
which is found to be at large within the corporate limits of the city.
Strict isolation means to confine an animal in a closed cage or pen in a manner which
prevents physical contact with other animals or people for a period of time specified by the
animal control officer.
Tethered means an animal attached to a stationary object by a chain, cable or similar
device commonly used for the size and type of animal involved. An animal is not considered
tethered when the animal is attached to a stationary object, as long as the owner or custodian is
physically within reach of the animal. Any tethering device used to tether an animal must be at
least ten (10) feet in length.
Vaccinated means an animal properly injected by a licensed veterinarian with a rabies
vaccine licensed for use in that species of animal by the United States Department of Agriculture
(USDA).
Vermin means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect
which maybe annoying, destructive, or injurious to health.
SECTION 2. Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is
hereby amended by adding Article III titled Feral Cats and including Sections 6-40 through 6-48.
Article III shall read as follows:
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ARTICLE III.
Sec. 6-40. Feral cat colonies.
Feral Cat Colonies shall be permitted and Feral Cat Colony Caretakers shall be entitled to
maintain and care for feral cats by providing food, water, shelter and other forms of
sustenance, provided that the feral cat colonies are registered with the Animal Services
Department.
Sec. 6-41. Registration of Feral Cat Colonies
Each Feral Cat Colony within the city limits must be registered annually with the Animal
Services Department. This registration shall include:
1. The name and contact information for the primary colony caretaker.
2. The location of the feral cat colony.
3. The number of cats in the colony.
4. Documentation showing the number of cats that have been micro chipped, spayed or
neutered, and vaccinated in the colony in the past year.
Sec. 6-42.Oversight Committee
The Animal Services Supervisor shall appoint a committee of three individuals to assist
with the management of feral cat colonies within the city limits. Two committee
members shall have prior experience in managing and/or educating the public about feral
cat colonies. The third member of the committee shall be a licensed veterinarian. This
committee will assist the Animal Services Supervisor with:
1. Ensuring that the registered caretakers are operating within the requirements of this
ordinance,
2. Resolving conflicts or complaints over the conduct of a feral cat colony caretaker or
of any cats within a colony.
3. Determining the disposition of an abandoned feral cat colony.
4. Establishing and reviewing written minimum educational standards for all registered
colony caretakers.
5. Establishing and reviewing the procedures for feral cat colony maintenance.
Sec. 6-43. Feral Cat Colony Caretaker Responsibilities
All registered feral cat colony caretakers are responsible for the following:
1. Registering the colony with the Animal Services Department.
2. Successfully completing the annual Department-approved educational course for
Feral Cat Colony Caretakers.
3. Taking all appropriate and reasonable steps to have the colony population vaccinated
for rabies in accordance with 6-XX of this Code.
4. Taking all appropriate steps to have the colony population spayed or neutered by a
licensed veterinarian.
5. Having an EAID inserted into each colony cat by a veterinarian in accordance with
professional medical standards. The caretaker shall be the named contact for the
EAID.
6. Maintaining appropriate documentation on each colony cat showing records for spay
or neuter, vaccination, and EAID.
7. Providing food, water and, if feasible, shelter for colony cats.
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8. Obtaining proper medical attention for any colony cat that appears to require it.
9. Obtaining written authorization from the appropriate property owner to enter on to
private property to provide colony care.
10. Notifying the Department within 7 days of any change in address or contact
information for the caretaker.
11. Following the written procedures for colony maintenance as established under this
ordinance by the Oversight Committee.
Sec. 6-44. Withdrawal of Feral Cat Colony Caretaker
In the event a registered caretaker is unable or unwilling to continue their duties with a
colony, the caretaker must notify the Animal Services Department in writing. If no
replacement caretaker is readily available, the Animal Services Supervisor will meet with
the Oversight Committee to determine the disposition of the abandoned feral cat colony.
Sec. 6-45. Disposition of Feral Cat Colony Cats
Any cat that is trapped within the city limits will be scanned for an EAID. If a trapped cat
shows to be registered to a feral cat colony, the Animal Services Department will notify
the registered caretaker. The caretaker must:
1. Retrieve the colony cat from the shelter within 3 days, or
2. Inform the Animal Services Department that they do not intend to reclaim the cat.
Sec.6-46. Enforcement
1. The establishment of feral cat colonies does not diminish the right for individual
private property owners to trap and remove stray animals from their property in
accordance with established procedures of the Animal Services Department.
2. Feral Cat colony cats that are repeatedly trapped on private property or otherwise
cause a continued nuisance will be reported to the registered caretaker. The caretaker
will be provided 30 days to resolve the issue. In the event the caretaker is unable to
resolve the problem, the Animal Services Supervisor will discuss the disposition of
the cat with the oversight committee.
3. Feral Cat colony cats that are trapped on private property do not constitute a violation
of Chapter 6-8 regarding unrestrained animals and the registered caretaker is not
subj ect to the implementation of a fine under that provision.
Sec. 6-47. Non-Compliant Colony Caretaker
A feral cat colony caretaker that repeatedly fails to manage a colony or otherwise
continues to act in a manner that is not in compliance with this ordinance may be
prohibited from serving as a feral cat colony caretaker. Such decision will be at the
discretion of the Animal Services Supervisor with the advice of the Oversight
Committee.
Sec. 6-48. Existing Feral Cat Colonies
Feral Cats who were spayed or neutered and vaccinated for rabies prior to the date on
which this ordinance became effective, but did not have an EAID inserted, shall be
deemed to be in compliance with this ordinance provided that the colony caretaker
provides the Animal Services Department with a description of the individual cat. Feral
Cat Colony Caretakers shall take all appropriate steps to bring these cats into compliance
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with this ordinance within three years, or upon revaccination of the cats for rabies,
whichever comes first.
SECTION 3. 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 shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 6. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (l o) days of the date of its passage.
PASSED AND APPROVED this the day of , 2008
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 6 of 6
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AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Transportation Operations
ACM: Howard Martin, Assistant City Manag
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas, supporting
the University of North Texas in the creation of a four-year comprehensive aviation sciences
program at the Denton, Texas Campus, and providing an effective date. The Mobility
Committee Recommends approval (2-0).
BACKGROUND
The North Central Texas Council of Governments (NCTCOG) recently funded a study titled
New Technologies and Industry Trends as part of the regional General Aviation Heliport System
Plan. This report demonstrates that the North Central Texas Region is home to a diverse and
thriving aviation industry and outlines the need for an educated workforce to fill vacancies in the
aviation industry over the next 10 years. The study also outlines the lack a public university in
the State of Texas with a comprehensive four-year college program for students who want to
pursue aviation careers.
The NCTCOG recently authored a white paper advocating an aviation program would benefit
economic development efforts in the South Dallas area, specifically the proposed Inland Port of
Dallas. Several briefings have been made by NCTCOG staff to the NCTCOG Regional
Transportation Council, the NCTCOG Surface Transportation Technical Committee and the
NCTCOG Air Transportation Technical Advisory Committee promoting the establishment of the
proposed program at the University of North Texas, Dallas Campus. The Mayor, Mayor Pro-
Tem, Chamber of Commerce leadership, Texas Department of Transportation staff, UNT staff
and city staff have also met in the past several months to advance efforts to establish an aviation
program in the North Texas region and have been in communication with NCTCOG staff to
consider the UNT, Denton Campus as the primary location of the proposed program. Local
officials in Denton believe the program would be more successful in achieving the primary goal
of educating Texas students interested in aviation careers in the North Texas region by locating
the program at an established academic institution that has many of the core-courses established
in related programs such as Business, Engineering and Public Administration.
Denton officials are now working with NCTCOG staff and other regional officials in the
development of a curriculum based on market research as well as determining what location,
Dallas or Denton, will best serve the aviation industry in North Texas. Denton City Council
leadership has met with UNT, Denton Provost Wilkins to discuss the program and have been
advised that UNT, Denton was very interested in participating in the development of an aviation
program.
1
ESTIMATED SCHEDULE OF PROJECT
The Regional Transportation Council has targeted April 2008 to take action on support of an
aviation program in the North Texas Region. The NCTCOG is hopeful that classes could be
initiated in the fall of 2010.
PRIOR ACTION/REVIEW
The Mobility Committee recommended the adoption of a resolution supporting an aviation
program at UNT, Denton (2-0). The Airport Advisory Board recommended a resolution
supporting placement of the proposed aviation program at UNT, Denton (6-0).
FISCAL INFORMATION
Program start-up costs are being discussed with UNT staff and NCTCOG staff. Local officials
will seek donations from private industry to assist with start up costs for the establishment of the
proposed program. US Flight Group, a Denton Airport tenant, has indicated they are interested
in contracting with UNT the flight instruction component of the program.
EXHIBITS
1. Resolution
2. NCTCOG White Paper
3. Mobility Committee Draft Minutes
4. Airport Advisory Board Draft Minutes
Respectfully submitted:
Mark Nelson, Transportation Director
2
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s'lour ~acutnentslreso[U~f~i~51~81~via~j~~ ~rograrrx r~so~uti~n~oc
EXHIBIT 1
~E~L~UT~oNNO~
A REQLUT~~N F THE CITY CIJNC~L OF THE CITY ~F DENTIN, TEA,
~UFF~TINC~ THE ~I~ER~TY ~F NORTH TEA IN THE CREATION ~F A F~~JR-
YEA COl1~pREHENIVE A~IAT~ON SCIENCES ~ItORA AT THE DENTON# TEXAS
CAMPUS, AND F~~'ID~N AN EFFECTE DATE.
WHEREAS, the north Central Texas Council of Governments ~NCTCO} completed a
study titled New Technologies and Industry Trends ~ part of the regional General A~viatian and
Heliport System Flan; and
~UHEREA, the New Technology and industry Trends report demonstrates that the ~ -
CountyNorth Central Texas Region is home to ~ diverse and thriving aviation industry; and
v~HEREA, the New Technologies and Industry Trends outlines the need to train
additional aviation professionals to avoid a regional and national shortage in the av~atian v~orkforce; and
WHEREAS, the Mate of Texas lacks a pubic university with ~ comprehensive four~year
college program for students ~ha want to pursue an aviation career; and
wHERE~, the NCTCGG is supporting the establishment of a four-Fear collegiate
aviation program in North Texas that would benefit the airlines and avition~related businesses
and would hel further establish the region's leadership 1n the av~atlon ~ndust~•y; and
WHEREAS, the ~aa Denton Airport ll~aster Flan ~ supports the establishment of an
aviation educational institute; a~ad
wHE~EA, the administration t the ~'niversity of forth Texas, Denton has advised
City of Denton ociais they have a strong interest in participating in the establishment of
aviation program; and
wHEREASt many of the core curriculum needed far an aviation program ~.ay already
exist in established Colleges in the University of North Texas, Denton encouraging ffcient and
effective delivery of educational services; and
wHEREA, the Denton City Cvunci~ Nlability Can~rnittee and the Denton Airport
Advisory Board support the establishment of a collegiate aviation program and rccarnrnend a
resolution to be adapted demonstrating the City of Dentan's support of such a program; and
~wHEREAS the Denton Coun Transportation Authority has a~a established public
transportation system that will be further enhanced with regional rail in December 20l ~ and will
rovide quality public transportation ser~rices for students from across the region to access the i ~ ~ a
~.Sniverity of North Texas, Denton and other reg1onai educational ~nst~tut~ons; NDw,
THEEF~RE,
i
~ ~ s:10►ar doCUmer~t551teSD~ution51~S1aviatiUn prOg~m re5o~u~iO~dDc
THE C~t~NCIL ~F THE CITY ~F DENTIN HEREBY" RE~L~UE~:
SECTION ~ , The establishment of a faur~~ear program a~t the University of North Texas,
entan ill improve educational opportunities for Texas youth, advance orl~force development
for n~an~ businesses in Dentar~ and the l ~-Caun~y North Central Texas region and improve
economic deve~oprrient oppor~un~t~es in the region for the a~v~at~on industry,
ECTI~N ~ Th1s Reso~~tran shall become effective rn~medlate~y upon ~~s passage and
approval.
P~~ED AND .A.PPR~ED thls the day of
PERRY ~VIcNE~I~~, N~AY~R
ATTEST:
JENNIFER SALTERS, CITY' ECRETAR~
BY.
AFPR~~ED A.S T~ LEC~.AL ~'~RI:
EDEN IVI. SNY~ER, CITY ATTORNEY
~
B
Page ~ of 2
i
DRAFT EXIMIT 2 DRAFT
January 9, 2008 January 9, 2008
Concept for New "University Partnership" Program
North Central Texas Council of Governments
A strong and prospering economy in Southern Dallas County is crucial to the future of the
Dallas-Fort Worth Metropolitan area. This Southern Sector is broadly defined by the cities of
Dallas, Balch Springs, Cedar Hill, DeSoto, Duncanville, Hutchins, Lancaster, Seagoville, and
Wilmer. The area has an estimated current population of 325,000.' In 2000, 10.36% of area's
population was below the poverty level ,2 with unemployment rates as high as 6% in some
jurisdictions.' These issues are not only critical for the Southern Sector, but for the Dallas-Fort
Worth region as a whole. The North Central Texas Council of Governments (NCTCOG), the
regional Metropolitan Planning Organization (MPO), is in the process of initiating a collaborative
planning effort for Southern Dallas County. Along with the challenges in this portion of Dallas
County, there are many emerging strong economic development opportunities that will bring
growth, employment, and much needed capital into the Southern Sector. Among them are the
University of North Texas (UNT) Dallas Campus, the Southern Dallas Logistics Hub, and the
extension of Light Rail to Southern Dallas County. As a complement to these assets, a vitally
needed comprehensive aviation curriculum should be added at the LINT Dallas campus. The
graphic below shows how these projects and programs can work synergistically.
Concept for New "University Partnership" Program
(Aviation - University - Passenger Rail)
i
i
Mayor Bobby Waddle Initiative
NC FAA:
Need ed for fw New Aviation Curriculum at UNT @ Dallas
Aviation Workforce
Senator Royce West
UNT Dallas
@ AbOVe Regional Passenger Rail Needs
NCTCOG
I. - Regional Passenger Seamless Passenger Rail System
j Rail Needs to University
i y
i Region
New "University
j Partnership" Program Southern Sector Economic Development
t
EXHIBIT 2
Aviation in Higher Education
The 16-county North Central Texas region is home to approximately 400 landing facilities,
including two commercial service airports, 11 federally designated reliever airports, and 41 other
public use airports managed primarily by local governments. These airports and related
industries generate $23 Billion forthe region's economy each year, with more than $5 Billion in
salaries.4 The related industries include major air carriers such as American Airlines and
Southwest Airlines, as well as air cargo hubs for FedEx and UPS, large and small aircraft and
aircraft parts manufacturers, and defense contractors such as Lockheed Martin and Vought
Aircraft Industries. Additionally, 7.9% of all U.S. pilots are currently located in Texas. The state
is also home to 9.5% of registered aircraft maintenance workers and 8.2% of air traffic
controllers.5 A majorfinding of NCTCOG's recent General Aviation and Heliport Technology
and Trends Report is the lack of an educational and training pipeline to train these important
professionals.
The need for a comprehensive aviation education program is reflected in the following statistics:
Between 1997 and 2007, the number of licensed commercial and air transport pilots in the U.S.
increased by 8.1%. However, during the same period, the number of student, sport, and private
pilots in the U.S. decreased by 6.2% and the number of registered aircraft mechanics and
repairmen in the U.S. decreased by 10.1 This trend indicates that the pipeline for supplying
new talent to the aviation industry is dwindling. Further indication of this trend is that between
2000 and 2006, the average age of all pilots rose from 43.7 to 45.6.6
As the major air carriers continue to expand and attract additional personnel, they are drawing
from the regional air carriers and other aviation resources. Some regional carriers have had
100% pilot turnover in the last year and flight schools are beginning to suffer a "brain drain" as
experienced flight instructors leave to fill the gaps. The experience requirements for entry-level
pilot positions at many regional carriers have dropped from 1,500 hours total time down to 250
to 500 hours.
Over the next 12 years, it is expected that the major air carriers will need to hire more than
50,000 pilots due to retirements and industry growth.? The prime source forthese pilots will be
the regional airline sector, but with only 20,000 pilots currently in the regional airlines, the
question is "where will the additional pilots come from?" $
2
Another complicating factor is that historically, the military has provided occupational training
and skilled labor for the aviation industry as its personnel leave the service and find jobs in the
civilian work force. However, the current practice finds military personnel being replaced in
many cases by contractors, which in turn, has also reduced the skilled labor pool of mechanics,
air traffic controllers, and pilots. The military is also taking extraordinary efforts to retain
personnel in critical occupational fields, providing substantial pay increases, bonuses, and
quality-of-life improvements.
Despite its preeminence in the aviation industry, and the demonstrated need to train additional
aviation professionals both nationally and locally, Texas lacks a public university with a
comprehensive four-year college program for students who would like to pursue an aviation
career. According to a 2003 Texas Transportation Institute (TTI) report, Texas had
approximately 370 students in some type of aviation program, none of which was a
comprehensive four-year program, while Oklahoma had 684 students, 445 of whom were in
programs that included a flight component. A large number of the aviation students attending
school in Oklahoma are residents of North Texas. Similarly, many aviation students from Texas
also gravitate toward a nationally recognized program such as Embry-Riddle Aeronautical
University (EARU) with campuses in Florida and Arizona. Currently, ERAU is the academic
home to over 350 Texas students at the two campuses.g Like most private institutions, tuition
costs at ERAU are very high ($12,700 persemesternot including flight costs) and many
students graduate with significant debt from student Ioans.Another example is Baylor
University, a Texas private institution which offers afour-year aviation science degree and
charges $11,100 per semester (exclusive of flight fees).10
Contrast these high tuition costs to the current in-state tuition rate of $2,157 per 16-hour
semester at UNT's Dallas Campus and the case becomes evident that Texas is not serving its
aviation-oriented students with an opportunity for an affordable aviation education in their home
state.~~ To be fair, while the non-flight academic program can be sustained under a normal
tuition schedule, flight operations, simulators, maintenance facilities and other costs associated
with operating a flight program require a significant investment in capital (aircraft and
simulators), manpower (instructors and maintenance personnel) and facilities (airport-based
flight training center, aircraft parking, and maintenance hangars). The cost of these facilities
must be maintained through flight fees charged to the student. 12
3
The challenge for establishing afour-year collegiate aviation program in Texas is not recruiting
faculty or providing classrooms. With the current abundance of aviation industry professionals
in the Metroplex, finding qualified instructors should not be a major issue in the near term.
Classroom space, at least in the short term can be accommodated through existing facilities.
The funding of the start-up costs for initiating an aviation management program will reside
primarily in flight operations. While it is a practice for many colleges to provide flight operations
in-house, many institutions are considering out-sourcing flight training to a qualified contractor.
In following the lead of the military's practice, the benefit of outsourcing flight operations would
be to relieve the institution from the constant pressure of maintaining a current aircraft fleet,
recruiting and retaining experienced flight instructors, and satisfying the federal and state
regulatory requirements.
Currently, community colleges in the region offer associate level programs for aircraft
maintenance. Enhancing this existing pipeline with a comprehensive four-year aviation program
will ensure that students in North Texas have gained the analytical skills needed for a
successful career the aviation industry. The potential exists to develop this program in
conjunction with transportation management and logistics as part of the long-term program to
train aviation professionals in North Central Texas. Establishment of a public four-year
collegiate aviation program in North Texas would benefit the airlines and aviation-related
businesses and would help to cement this region's leadership position in the global
marketplace.
University of North Texas, Dallas Campus
Creation of an aviation program at the UNT Dallas campus would help the campus to develop
and enhance its goal to act as an incubator forsmallbuslnesses and residential development
near the campus. This would, in turn, enhance the opportunities foreconomic development in
the Southern Sector. All of these fit well with the financial support that the Regional
Transportation Council (RTC) has committed through its 2005-2006 Sustainable Development
Call for Projects to the City of Dallas for planning funds for the UNT Dallas Campus area. The
UNT Planning project aims to create a strategic development plan for the district including
market analysis, staging, and community coordination. The planning process will identify how
the City of Dallas can prioritize development and work with UNT staff and developers to craft a
strategic plan for the campus area. Total funding for the project is $125,000, with $100,000 in
RTC Local Funds and $25,000 in Local Match Funds.
4
Southern Dallas Logistics Hub
In the same Call for Projects, requests were received to fund planning services associated with
freight oriented development in Southern Dallas County. The RTC funded these projects as
one combined project with the goal of supporting planning and infrastructure issues and the
development of a hub for national and international logistics. The funded amount includes
$290,000 in RTC Local Funds and $612,000 in Local Match Funds fortotal project funding of
$902,000. The Southern Dallas Logistics District Planning Project area covers a planning area
defined by Loop 12, Belt Line Road, Lancaster Airport, Interstate Highway 45, and State
Highway 342. This project is located within portions of the cities of Dallas, Hutchins, Lancaster,
and Wilmer and in Dallas County. A major component of this effort is a master plan forthe
International Inland Port of Dallas (IIPOD). The Hub will generate an estimated 24,000 jobs by
2010.13 The Urban Land Institute report on Southern Dallas County states that the "Dallas -Fort
Worth Metroplex with its conglomeration of intermodal industrial and warehousing facilities,
freight and railways, free trade zones and airports -represents the qualities that define an inland
port".14 The City of Dallas is currently working on a Master Plan forthe IIPOD. This plan will
create a strategic vision that reflects each jurisdiction's goals. An aviation program with a
comprehensive logistics component would be of material support to this inland port.
DART Light Rail to Southern Dallas County
In order to sustain these economic, social, and educational assets, increasing passenger rail
service in Southern Dallas County is a key element. There are several rail lines planned by
Dallas Area Rapid Transit (DART) to extend from Downtown Dallas to Southern Dallas County
and Northern Ellis County. These include the Blue Line Extension, the Waxahachie Rail
Corridor, and the Midlothian Rail Corridor.
The South Oak Cliff Corridor is the extension of existing Blue Line that runs between Ledbetter
in South Oak Cliff through Downtown Dallas and north to Downtown Garland. The planned
segment extends from Ledbetter in South Oak Cliff terminating at the UNT Dallas Campus. This
extension has been identified in DART's 2030 Transit System Plan for potential expansion to
serve residential and employment areas in this part of Southern Dallas County. The projected
opening date for this extension is 2018. In addition to this extension, DART will evaluate the
Southport Corridor. Southport would extend the Blue Line from the UNT Dallas Campus likely
branching off near Camp WisdomlSimpson Stuart, continuing eastward to Bonnie View, turning
5
south on Bonnie View and terminating near I.H. 20 at the Southport gateway. In addition the
Waxahachie Rail Corridor is a BNSF line that extends between Downtown Dallas and
Waxahachie to the south, a distance of approximately 30 miles. The Midlothian Rail Corridor is
a BNSF line that extends from Midlothian north to the DART light rail station at Westmoreland
Road in Dallas, a distance of approximately 18.8 miles. This line is currently recommended in
Mobility 2030, the long-range transportation plan forthe Dallas-Fort Worth region.
Conclusion
To be strategic, one concept is to locate the Comprehensive Aviation College at the UNT Dallas
Campus and allow the University of North Texas to coordinate classes as needed with other
universities in our region. Airports such as Dallas Executive, Lancaster, Denton and others
could host the flight component of the aviation program as academic demand requires. The goal
to launch this program should be Fall 2010 to take advantage of the momentum and excitement
surrounding the aviation plans for Super Bowl XLV to be held in February 2011 in Arlington,
Texas. A meaningful and substantial legacy of Super Bowl XLV could be the private sector
sponsorship for a new educational facility in a low income, traditionally minority neighborhood in
Southern Dallas County.
The location of this program at the UNT Dallas Campus would take advantage of several on-
going initiatives. These include the Regional Transportation Council's current work to pursue
opportunities for infill development and to encourage economic development in Southern Dallas
County, an area with rich diversity that would help to host the program's need to reach out to a
diverse group of students. In addition, there is high employment potential in the nearby
Southern Dallas Logistics Hub thatwill complement the student population developed through
aviation and logistics training at UNT. Lastly, enhanced passenger rail connections to Southern
Dallas County will provide a boost to this area and enhance accessibility to the school.
In summary, the Regional Transportation Council has encouraged development in Southern
Dallas County to achieve infill and economic development goals. This support is documented
through the following actions by the Regional Transportation Council:
1. A planning study was funded surrounding the UNT Dallas Campus to ensure that it is
appropriately connected to the surrounding communities. Total funding is equal to
$125,000 from both federal and local sources. The project goal is to create a strategic
6
development plan forthe district including market analysis, staging, and community
coordination.
2. A planning study was funded to coordinate the intermodal hub planning efforts of the
Cities of Dallas, Lancaster, Hutchins, and Wilmer, along with Dallas County. Total
funding is expected to equal $902,000 from both federal and local sources. The project
goal is to create a special district(s) supporting various infrastructure projects and
development of a transfer hub for national and international logistics operations. In
addition, a necessary overpass required forthe logistics hub was funded through the
RTC.
3. Support for economic development in Southern Dallas County was emphasized when
the RTC approved funding for the addition of frontage roads along Interstate 20. In 1999,
more than $4,000,000 was provided for frontage road construction between Hampton
Road and Polk Street, and in 2003 $2,500,000 was scheduled to be used for frontage
roads between Bonnie View and Lancaster Roads.
4. "Mobility 2030: The Metropolitan Transportation Plan for the Dallas-Fort Worth Area"
was adopted by the RTC in 2007. It includes the recommendation that light rail service
be extended towards UNT's Dallas Campus.
Southern Dallas County is in need of economic, employment, and educational opportunities.
The situation in Southern Dallas County demands not acity-specific plan, but a subregional
master plan and an agenda acceptable to all of the municipalities in the area. NCTCOG is a
partner with all of the other entities working to combine education, employment, and rail
elements in a cohesive way and implement them through inter-jurisdictional collaboration.
North Central Texas Council of Governments 2030 Demographic Forecast
2 U.S. Census Bureau 3 Texas Rapid Access to Career and Economic Resources
a North Texas Commission, September 2002 5 Federal Aviation Administration Airmen Registration Database, September 2007
s Federal Aviation Administration Airmen Registration Database, September 2007
Louis Smith, former Northwest pilot and current president of www.FLTops.com
$ Kit Darby, president AIR, Inc. s http:/Iwww.erau.eduler/newsmedia/factsandfiqures.html
'0 http:l/www.baylor.edulcashiers/index.php?id=44611
http:l/www.unt.edu/unt-dallas/feerates/fa1107ur.htm ,2 America's Aerospace Industry: Identifying and Addressing Workforce Challenges,
httpal63.88.32.171BRG/llndprof/Aerospace Report.pdf ,s North Central Texas Council of Governments 2030 Demographic Forecast
,a Southern Dallas County, Texas: A Strategy for Developing Southern Dallas County Logistics Hub, Urban Land Institute, June
2005.
EXHIBIT 3
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Tuesday, February 26, 2008
4
5
6 After determining that a quorum of the Mobility Committee of the Denton City Council was
7 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday,
8 February 26, 2008 at 2:02 p.m. in the City Council work session room, 215 E. McKinney Street,
9 Denton, Texas.
to
11 Present: Chair Pete Kamp, Mayor Perry McNeill
12
13 Absent: Council Member Bob Montgomery, excused
14
15 Also Present: George C. Campbell, City Manager
16 Jim Coulter, Director Water Wastewater Utilities
17 Mark Nelson, Transportation Director
18 Frank Payne, City Engineer
19 John Cabrales, Public Information Officer, City of Denton
20 John Polster, ITS
21 Scott Neeley, DCTA
22 Mike Sims and Fletcher Clark, North Central Texas Council of Governments
23 Tommy Brewer and Don Smith, City of Denton Airport Advisory Board
24 John Krumrine, UNT Director Corporate Relations
25 Karen Dickson, VP Economic Development Denton Chamber of Commerce
26
27 4) Receive a report from the North Central Texas Council of Governments on a proposed four-
28 year collegiate aviation program in North Texas, hold a discussion and consider the
29 recommendation of a resolution of the City Council of the City of Denton, Texas, supporting
30 the creation of an aviation program.
31
32 Chair Kamp welcomed and called on Mike Sims, Senior Program Manager, NCTCOG, to
33 present this item. The Chair gave a brief history stating that in 1998 Dr. Pete Lane, UNT, wrote
34 a white paper regarding an aviation program. From then until 2003 there have been several
35 significant events and in 2003 the City Council passed the airport master plan which calls for an
36 aviation program and partnership. In 2003 the Texas Transportation Institute published a report
37 that referenced UNT Denton as a strong candidate. Since that time, there was somewhat of a
38 disconnection with the University and the program was not picked up until 2007. A lot of things
39 have happened since then with the UNT faculty, presentations that city staff and council have
4o attended. It was not until January 2008 when a presentation at RTC that she became aware of a
41 white paper that referenced the aviation program at UNT in South Dallas. Since then there have
42 been quite a few meetings with the University, COG staff, the Denton Chamber of Commerce,
43 the city's Airport Board and all are on the same page for workforce reasons and economic
44 development. This is not between the south campus and the north campus. we are regionally
45 minded and intend to stay that way. Obviously, we want to take a look at what is available for
46 the Denton campus. Since that time, there was a meeting with Michael Morris, who basically
47 said the first thing to do is talk to UNT and get him a letter. Mayor McNeill at that time
48 presented a letter from Dr. Wendy Wilkins, Provost, UNT, to Mr. Sims to present to Mr. Morris
49 at NCTCOG which puts the University on record as saying they are very much in support of
50 such a program.
1 Draft Minutes of the City Council Mobility Committee meeting
2 February 26, 2008
3 Page 2 of 4
4
5
6 Mayor McNeill stated he believed there was ample opportunity to have the program at UNT and
7 that a lot of the courses that would constitute such a degree could be put together very readily in
8 a Management Pilot program.
9
1 o Mayor McNeill further stated that the program needs to begin as a workforce program for folks
11 who can go into airport management and then the flight program.
12
13 Sims agreed with the Mayor stating this is the theme they have picked up for the last six months
14 and he is thrilled to receive the letter. Sims stated that the Council of Government doesn't have
15 anywhere near the history behind its involvement in the program as the City of Denton. COG
16 had this grow out of a different funding program. Sims then presented background stating COG
17 started last year with a Federal Aviation Administration grant to do a new regional general
18 aviation heliport system plan. Their task was to look at a sixteen county region and to evaluate
19 what, over the next twenty-five to thirty years, was going to make a big difference in the use of
20 and the potential of all of the general aviation resources and heliport resources in the Dallas/Fort
21 Worth area. In all told there are well over 500 landing sites in the DallaslFort Worth area that
22 can be used for a helicopter or something smaller than a commercial airliner. When you look at
23 those and ask what the potential is and look at technology out in the future we realize that there
24 is the need to get a really good handle on this. When COG pitched its overall program to FAA,
25 it stated that over the course of time there is the potential to make the general aviation system the
26 same sort of powerful economic engine as Dallas/Fort Worth International Airport has been over
27 the last thirty years. Since the building of DFW Airport, the region has grown over a million
28 people every ten years. It's believed that real economic development can be harnessed in the
29 general aviation system because of all the new technologies that are coming online.
30
31 As COG staff began to look at that, one of the findings highlighted were issues related with the
32 aviation labor force. The overall theme is that over a course of time there will be a great increase
33 in the amount of activity in the general aviation field and a great decrease in the number of
34 people who are qualified to work in that field. Looking at big universities, nationwide, and even
35 the small ones, that offer the kind of training that is needed to be in the field, one has to go a
36 substantial distance away from the Dallas/Fort Worth area. Essentially, there are a number of
37 programs, nationwide, where it's joked about how many people they get from Texas because one
38 is not offered in the state. The TTI study, a Texas A&M based research project, identified the
39 same thing. There is no publicly based comprehensive aviation program in the State of Texas.
4o We began working on this, and COG stated it looked like a great match for the South Dallas
41 Logistics program which immediately caught the eye of Senator Royce West from South Dallas.
42 Mark Nelson got involved when COG began briefing its Air Transportation Technical Advisory
43 Committee about what it was working on. The nice thing about where we stand right now is that
44 we really have everyone on the same page on need for the program. We know the number of
45 applicants out there in the labor pool is not satisfactory and this could be a great asset to the
46 region. The question now is how we are going to do this and what's it going to take to get it
47 done. The first thing realized is that everyone in the region, who is interested in this project,
48 needs to cooperate together. There is no bias whether it should it be done in south Dallas or
49
5o Draft Minutes of the City Council Mobility Committee meeting
1 February 26, 2008
2 Page 3 of 4
3
4
5 UNT. It is about how the education community wants to utilize the overall assets that it has.
6
7 when thinking about the next step of creating the curriculum, and the department, because there
8 are great resources at UNT, and there is a logistics program that is already available, UNT is a
9 consideration.
to
11 COG will be managing the aviation side of the Super bowl and expects to utilize the Denton,
12 Arlington, Grand Prairie airports, and all of the small airports, for access on the day of the Super
13 Bowl. It's believed there is an opportunity to hook in some corporate sponsorships to a new
14 aviation education curriculum. There is also the opportunity for donations in the near term to
15 begin the first step in getting some questions answered.
16
17 COG is conducting airspace studies and if one is going to drop in a very robust flight training
18 program, one will need a good location, and is the very crowded DFW air space appropriate for
19 that. what do the airports in the region have in ground site capability to accommodate a flight
20 training program and which ones have the ground level capability to accommodate maintenance
21 programs? Essentially, in looking at the issue right now, COG would like to gather up resources
22 to see how to work together. A couple of folks have offered to donate money to this program
23 and COG thinks it has some local funds that can be used to kick start this process and answer
24 some questions. The hope is to work with City of Denton staff over the next couple of months to
25 determine exactly what the form of an agreement would be and, if this a UNT based program,
26 and COG is helping to get donations, is this a program where all the cities are working together
27 to base it in COG to hand off a program to UNT. There is really not a preference, we just need
28 to sit down and work out the functionality of it.
29
3o Chair Kamp stated that one of things that came out of the meetings that she, Perry, and Karen
31 Dickson had with the Provost was that the UNT needs a Champion, someone t do that and it
32 appears that Dr. Bob Bland would be willing to do it.
33
34 Mayor McNeill stated that Karen Dickson is involved with the North Texas Commission
35 Committee on Aviation Marketing which passed a resolution in support of creating an aviation
36 program in the metroplex. Karen has been charged with the responsibility of creating the
37 resolution that will come to the NTC Board for consideration.
38
39 Mayor McNeill wanted to confirm that he has talked with several companies and one of the
4o major airlines is very excited about the idea in that they are going to have a number of pilots
41 retire and this would be a funnel of graduates for them to begin to look at as a place to replace
42 the retiring pilots.
43
44 Sims agreed and further stated there is the need for a Texas State Legislative Caucus that is
45 unified behind an individual idea to stand with Royce west and the City of Denton delegation to
46 say we are all on the same page and proceed with a unified voice.
47
48
49 Draft Minutes of the City Council Mobility Committee meeting
5o February 26, 2008
1 Page 4 of 4
2
3
4 Mayor McNeill asked what COG would be doing. Sims replied that there was definitely local
5 money available to begin answering some of these questions which will be more of an
6 implementation study.
7
8 Sims stated that in a number of weeks, there is the need to settle the direction we are all content
9 to go with as a team. That spectrum of things would include COG providing funds to UNT to
1 o hire a professional, and if for whatever reason UNT did not want to be the home to catalyzing it
11 and growing it, then we need to find another home somewhere to hand off answers to questions.
12
13 John Krumrine, UNT Director of Corporate Relations, stated that he had been charged with
14 completing a case study for this proj ect.
15
16 Chair Kamp next stated the next item for consideration is the resolution. Chair Kamp stated she
17 understood the need to support the University of North, but from her position on the RTC she
18 needed to look at the regional benefits of the program.
19
20 The Committee discussed the wording of the resolution relating to the location of the program,
21 whether it should support it being local or should it support another location in the region.
22
23 Mayor McNeill stated that the resolution should state the Council is supportive of the program
24 being based locally at the UNT Denton campus.
25
26 Chair Kamp requested input from Karen Dickson and the Airport Advisory Board members in
27 attendance. Tommy Brewer stated the Airport Board was very much in favor of the program and
28 will assist to support it in any way possible. Karen Dickson, VP Economic Development for the
29 Denton Chamber of Commerce, stated that from an economic and workforce consideration, the
3o Chamber is very supportive of the program being based at UNT.
31
32 The meeting was adjourned by consensus at 3:34 p.m.
EXHIBIT 4
1 DRAFT MINUTES
2 AIRPORT ADVISORY BOARD
3 FEBRUARY 13, 2007
4
5 After determining that a quorum was present, the Airport Advisory Board convened for a
6 Regular Meeting on Wednesday, February 13, 2008 at 5:35 p.m. in the Denton Airport
7 Terminal Building at the Denton Airport at 5000 Airport Road, Denton, Texas.
8
9 BOARD MEMBERS PRESENT: Chairman Woolfolk, Mr. Brewer, Jim Clark, Mr.
10 Brown, Mr. Eames, and Dr. Kristoferson arrived at 5:53 p.m.
11
12 BOARD MEMBERS ABSENT: Excused Absent Vice Chairman Dr. Smith
13
14 STAFF MEMBERS PRESENT: Mark Nelson, Director of Transportation,
15 Julie Mullins, Administrative Assistant, Andrea Bax, Operations Coordinator.
16
17 PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group,
18 Damon Ward, Business Air Center, Trey Bryson, Jet Works Air Center, Wayne Cecil, Jet
19 Works Air Center, Chris Stanley, Charter Pilot of Business Air Center and Bill Lindsey,
20 FBO Supervisor with Business Air Center.
21
22 ITEMS FOR INDIVIDUAL CONSIDERATION
23
24 IV. Receive a report, hold a discussion and make a recommendation on a proposal to
25 establish a four year comprehensive Aviation Management Program at the
26 University of North Texas, Denton Campus.
27
28 Mr. Chairman updated the Board on the history of the Aviation Management
29 Program trying to establish the program at the University of North Texas. In the
30 late 1990's Mr. Pete Lang wrote a letter to Dr. Hurley to create an Aviation
31 Management Program. In August, Mr. Chairman said he was in a meeting with
32 North Central Texas Council of Government, (NCTCOG) and the speaker said that
33 all students from Texas have to go out of the state to get an Aviation degree.
34
35 Some people from the NCTCOG organization and Senator Royce West want to
36 have the Aviation Program at the Dallas Campus area. The Training Center here at
37 Denton Airport, US Aviation; has been in contact with University of North Texas
3 8 in the last few months. Mr. Chairman was invited to a meeting with Mayor
39 McNeill, Ms. Kemp, Chair Transportation Sub-Committee, Ms. Ratliff, Director of
40 Economic Development, Mr. Nelson, Director of Transportation with the City of
41 Denton, John Cabrales, Public Information Director, gave each person a task to
42 complete by the end of the week.
43
44 Mr. Chairman's task was to go with Mr. Nelson to the Air Transportation Technical
45 Advisory Committee which is a component of the NCTCOG; the task was to slow
46 the process down before the committee makes a decision to take the Aviation
1 Management Program to Dallas. The information that the NCTCOG sent out is in
2 the Airport Advisory Board Packet.
3
4 With this history Mr. Chairman will write a letter to North Texas to help get the
5 Aviation program in Denton. Mr. Nelson commented that the NCTCOG is trying
6 to get the program in Dallas. The Allen Group and NCTCOG are getting together a
7 grant to fund a study, to be included in the Transportation Improvement Program
8 that is federally mandated, which NCTCOG steers. NCTCOG and staff are trying
9 to get the Regional Transportation Council, which Ms. Kamp sits on and represents
10 Denton, to make a recommendation the Aviation Management Program be
11 established in the South Dallas. Denton is trying to slow down the decision making
12 from the study they are putting together associated with the South Dallas area. Mr.
13 Nelson and Karen Dickson with the Denton Chambers met with Dr. Bland, Public
14 Administration at the University of North Texas to work together on the
15 curriculum. Mayor McNeill, Mayor Pro Tem Kamp, Karen Dickson and Dr. Bland
16 met with UNT Provost Windy Wilkins to talk about the program. The outcome of
17 the meeting was that UNT was interested and indicated a letter be written stating
18 UNT, Denton is interested in the program and would be provided to Denton
19 officials to share with NCTCOG.
20
21 Dr. Kristoferson commented that everyone is in supportive of an Aviation Program,
22 but would not like to lose valuable property on non taxable revenue from North
23 Texas.
24
25 Mr. Jeff Soules, US Flight Group, commented that UNT does not want the liability.
26
27 Mr. Chairman suggested that the Airport Board make a recommendation to the City
28 Council for a resolution supporting the proposed aviation program at the University
29 of North Texas, Denton.
30
31 Mr. Eames made a motion to complete a Resolution to present to City Council on
32 an Aviation Management Program.
33
34 Mr. Brewer seconded the motion.
35
36 Mr. Brewer asked if there is a resolution already written up. Mr. Nelson said there
37 is not one drafted at this time. Mr. Brewer agrees with the concept of the Aviation
3 8 Management Program. Mr. Nelson said it will go before the Mobility Committee
39 which will meet on February 26th and then to the City Council that meets on March
40 4, 2008.
41
42 Motion carried 6-0.
43
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution reviewing and adopting revisions to the Investment Policy for
funds for the City of Denton; and providing an effective date. The Investment Committee
recommends approval (5-0).
BACKGROUND
On September 25, 2007, the City Council adopted its annual resolution reviewing and adopting
the City's Investment Policy. On November 6, 2007, the City Council authorized the
investment of public funds in TexPool, a Local Government Investment Pool.
Since that time, it has become advantageous for the City to invest additional funds in TexPool
rather than other investment instruments/institutions. However, the City's current Investment
Policy places a cap of no more than $10 million in any individual local government investment
pool institution. The City has maintained $10 million in TexPool since receiving City Council
authorization.
In order to increase flexibility in investment decision-making and to take advantage of higher
yields offered by TexPool, staff is recommending the following revision to the city's
Investment Policy:
• Page 9, Section 3 "By Institution" -remove $10,000,000 cap on Investment Pools. The
investment policy's cap, by investment type, of no more than 50% of portfolio in Local
Government Investment Pools will remain in effect.
OPTIONS
1. Approve the Policy with staff's recommendations.
2. Recommend no changes or recommend additional changes to the Policy.
RECOMMENDATION
Staff recommends approval of Investment Policy 403.06 with the recommended changes.
Agenda Information Sheet
March 4, 2008
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Investment Committee recommended approving revisions to the Investment Policy with the
above changes on February 19, 2008, 5-0.
Respectfully submitted:
Bryan Langley
Director of Finance
s:lour documentslresolu~io~sl~Slinvestment policy.~oc
RES~LHTIDN ND.
A R~S~LUTI~N R~VI~wINC AND ADCPTINC~ REII~NS THF~ iN~ETENT
POLICY FAR FUNDS FAR THE CITY OF DENTIN; AND PR~IDIN AN EF~CTI~~
DATA.
WHEREAS, the City Council passed Resolution Na. 9~-OG 1 on Dctaber 15, 199, which
adopted an Investment Policy far Funds for the City, in can~piiance with the Public Funds
Investment Act, 74t~ Leg., ch. 402, 1995 Tex. css. Law Sere. 2958 Vernon} TEX. C~~~'T
CEDE Ann. h. 225}; and
wHEIAS, by Resolution Na. 97-D2~, passed by the City Council an June 10, I997, the
City's Investment Palicy was amended; and
WHEREAS, by Resolution No. 97-077, passed by the City Council on December I ,
1997, the City's Investment Palicy was amended; and
wHEREA, by Resolution No, 9S-0G7, passed by the City Council on December 1 ,
1998, the City's Investment Palley was rev1ewed and adopted; and
wHER~A b Resolution No. 99-047, assed by the City Council are September ~ I , ~y p
1999, the City's Investment Policy was amended; and
WHEREAS, by Resolution Na. 2000-0~5, passed by the City Council an December 19,
2D00, the City's Investment Policy was amended; and ,
wI-IER~A., by Reso~utian No~ 2001'072, Passed by the City Council on December 1
200I, the City's Investment Policy was amended; and
wHEREA, by Resolution No. X002-055, passed by the City Council on December 10,
2002, the City's Investment Palicy was amended; and
WHEREAS, by Resolution Na. 2004-005, passed by the Cif Ca~ncil an February 3,
2004, the City's Investment Policy was amended; and
wHEREA, by Resolution No. 2005-00$, passed by the City Council an February
2005, the City's Investment Policy was amended; and
wHEREA, by Resolution No. 2005047, passed by the City Council on November 1,
2005, the City's Investment Policy was amended;
WHEREAS, by Resolution No~ 2007-025, passed by the City Council on September 25,
2007, the City's Investment Palicy was amended; and
wHEREA, the City Council desires to revise the Investment Policy to allow the
investment of additional public funds in local government investment goals and in compliance
with the Public Funds Investr~.ent Act TES. CCV'T CEDE ch. 225, by the 50~ Leilatuxe;
New, THEREFORE,
s:laur d~cumeutslre~olutio~.s1081inv~stFnent policy.doc
THE COUNCIL OF THE CITY OF DETO~ HEREBY RESOLVE.
SECTION l , The City Council has revlev~cd the attached City of Denton Investment
Policy, which cantalns the City's investment policies and investment strategies for each of the
funds under its control and hereby adopts the attached lnvestm.ent Policy, urhich is made a part of
this Resolution for all purposes.
SECTION The City Council authorizes the City's designated Invest~nnent Officers to
investment additional public fends in the local government investment gaol in accordance with
the Investment Policy and Public Funds Investment Act, TES. OV'T CODE ch, 2256.
SECTION . All resolutions or parts of resolutions in farce when the provisions of this
resolution became effective v~hich are inconsistent or in conflict with the terms or provisions
contained in this resolution are hereby repealed to the extent of any such conflict only. The nan-
canflicting sections, sentences, paragraphs, and phrases shall remain in foil farce and effect,
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Resolution Na. 96-061, Resolutian
Na. 97-026, Resolution No. ~7~Q77, Resolution Na, 9~-067, Resolution No. 99-047, Resolution
No, 2000-065, Resolutian No. 2001-07~, Resolution Na. 20D2-055, Resolution No. 204-~~5}
Resolution No. 2005-008, Resolution No. 205-047} and R.esalution No. 207-~28 shall remain
in full force and effect.
SECTION 5. This Resolutian shall became effective ~mrned~ately upon Its passage and
approval,
PASSED AND APPROVED this the day of , 2008.
PERRY R. cNEILL,11~I.AYOR
ATTEST;
JENNIFER ALTARS, CITY SECRETARY
BY; .
APPROVED A TO LEOA.E p`OR:
EDP III. SN~YDER, CITY ATTORNEY
r
Pale 2 Of
I
i I
I
Page # of 1 ~
P~LIYIADNIINITRATIVE PR~~EDUR~~AI~IIYITI~ATIVE DE~TI~
SETiON. FIl~ANCE P~LICIE REFERENCE NUMBER;
4o3~Od
~UB,IECT: INVESTMENTS INITIAL EFFECTIVE DATE:
o~~ r ~~s~
LAST REVtSr~N DATE:
TITLE: IN~~ETENT POLICY
9107
I. PURP~I~
Th1s policy Shall provide the guidelines by which the City of Denton "City" w~11 rr~alntaln the
m.inin~um amount of cash in xts bank accounts to meet daily needs, and to provide protection for its
principal and liquidity while receiving the highest yield possible from investing ail temporary
excess cash. This policy series to satisfy the statutory require.ents of defining and adopting a
forrn.ai investment policy. The policy and strategy shall be re~rie~ved annually by the Investment Committee and City Council who v~ill formally approve any modifications.
This investment
policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of
Tex. Crov't. Code Ann. Chapter ~~5~, hereinafter xeferred to as the "Act", as amended and effective
September 1,197.
II, ~~PE
A. Th1s Investment Policy app~~es to the investment actrvlties of the Clty of Denton, Texas. The
specific funds cited hereafter in Section IIB, shall be excluded from this Investment Policy.
~A11 ftnancial assets of all funds, including the general Fund and any other accounts of the City not speci#"ically excluded in these policy guldellne are included.
These funds are
accounted for in the City's Comprehensive Annual Financial Report ~CAFR}.] These
fiords, as well as funds that may be created frarn time-to-time, shall be administered in
accordance with the provisions of these policies All funds will be gaoled for investment
purposes. The strategy developed for this pooled fund group ~ri11 address the varying needs,
goals, and objectives ofeach fund.
B. This policy shall not govern funds, which are managed under separate investment programs
in accordance with Section ~2~G.004 of the Act. Such funds currently include; Employees'
Retirement Fund of the City of Denton; the Firemen's and Policemen's Pension Funds of the City of Dento~a; other funds established by the Crty for deferred employee compensation;
revenue bond reserve funds; and certain private donations. The City shall and will ma~ntairi
responsibility far these funds to the extent required by: Federal and State Law; the City
Charter; and donor stipulations.
III. Il1~ETl1+II~NT OBJET1~ TRATE~Y
It is the policy of the "City" that, giving due regard to the safety and ris1~ of investment, all
available funds shall be invested in conformance with State and Federal Regulations, applicable
Bond Resolution requirements, adopted Invest~rient Palicy and adopted Investment strategy.
In accordance with the Public Funds lnvestmnn# Ac#, the following prioritised objectives {in order
of importance in accordance with Section 22~S~.OaS~d} of the Act}, apply for each of the City's
investment strateg~es~
I
Page 2 of 1~ P~LICY~ADI4T~ATI~ PRO~EDUREIA~INITRATIVE DI~tETIVE
TIT~~; INVESTMENT P~~ZC~ REFERENCE NUMBER: 40~.~b
A. Sui~abi~ity - I~nderstanding the suitability of the investment to the financial requirements of
the City. ~.ny investment eligible in the Investment Policy is suitable for all City funds.
B. Saf~~y -Preservation and safety of principal. Ail investments will be of high quality
securities with no perceived default risk. Market price fluctuations will however occur, by
managing the weighted average days to maturity for each fund type as specified,
~~quidi~y - To enable the City to meet operating requirements that might be reasonably
anticipated, the pity's investment ~ortfalio w111 remain sufficiently liquid. Liquidity shall be
achieved by matching investment maturities with forecasted cash flow requirements and by xnvest~ng 1n secur~tles with active secondary markets. short-term investment
pools and
money market mutual funds provide daily liquidity and may be utilized as a competitive
yield alternative to fixed maturity investments.
D. arl~etabidity - securities with active and efficient secondary markets are necessary in the
event of an unanticipated cash requirement. Historical market "spreads" between the bid
and offer prices of a particular security type of Tess than a quarter of a percentage point shall
define an ecient secondary market.
Div~rsi aca~io~t ~-Investment maturities shall be staggered thrnuhaut the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate
maturity structure wi11 reduce market cycle risk.
F. Y~~dd - Attarning a compet~t~ve market y1e1d far comparable security-types and portfolio
restrlct~ons are the desired objective. The Meld ~f an equally weighted, rolling six-month
treasury bill portfolio shall be the minimum yield objective ar "benchmark". A secondary
objective will be to obtain a yield equal to or in excess of a 1oca1 government investment
pool, money market mutual fund or average Federal Reserve discount rate.
The first measure of success in this area wi11 be the attainment of enough income to offset
Inflationary increases. Even though steps wi11 be taken to obtain this goal, the City's staff shall constantly be cognisant of the standard of care and the investment objectives
pursuant
to the provisions of the amended Act, Section ~25G, O~~~~.
The Director of Finance sha11 avoid any transactions that might impair public confidence in
the City's ability to govern effectively, The governing body recognizes that in diversifying
the portfalia~ occasional measured losses due to market volatility are inevitable, and. must be
considered within the context of the overall portfolio's investment return, provided that
adequate diversif cation has been Implemented. The prudence of the investment declston
shall be measured in accordance with the tests set forth in Section ~~5d.~~G~b} of the Act.
INVESTMENT STRATEGY FAR SPECIFIC FUND C~R~IJPS
Each major fund type has varying cash flow requirements and liquidity needs, Therefore specific
strategies shall be implemented considering the fund's unique requirements and the following shall
be considered separate investment strategies for each of the funds mentioned below. The City's
funds shall be analyzed and invested according to the following major fund types;
i
Page 3 of 13
POLIYIAI~~III~T~iATE PR~C~DUREIAI~N~NITRATIVE DIRETI~E
TITLE: ~NVETMENT ~~LIY R~~ERENCE NUMBER:
40,Ob
A. ~~era~i~ ~~~ds -Investment strategies for operating funds and commingled pools
containing operating funds have as their primary objective to assure that anticipated cash
flows are matched 1th adequate investment 1lquldlty. The secondary objective is to
structure a portfolio} which will minimize volatility during economic cycles. This may be
accomplished by purchasing high quality, chart-term securities, which will complement each
other in a laddered maturity structure, A dollar welghted average maturlty of 3~S days or
less will be maintained and calculated by using the stated final maturity date of each
security.
B. ~eb~ Service ~'~nds -Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt
service obligation
an the required payment date. securities purchased shall not have a stated final maturity
date, which exceeds the debt service payment date. A dollar weighted average maturity of
55~ days or less will be maintained and calculated by using the stated final maturity date of
each. security
C', debt Service deserve ~u~ds -Investment strategies for debt service reserve emergency and
contingency funds sha11 have as the primary ab j ective the ability to generate a dependable
revenue stream to the appraprlate fund from securlt~es with a Iow degree volat111ty.
~ecurltles should be of ~igh quality and, except as m.ay be required by the bond ordinance
specrflc to an ~ndlv~dual issue, ~f chart to ~ntermedlte-term matur~tles with Stated f~~lal maturities not exceeding five {5~ years. Volatility shall be further
controlled through the
purchase of securities carrying the highest coupon available, within the desired maturity and
quality range, without paying a premium, if at alI possible. such securities will tend to hold
their value during economic cycles..A dollar v~eighted average maturity of G5~ days ar less
wi11 be maintained.
'ons~r~c~~o~ and Special ~~r~os~ ~'~s -Investment strategies far construction projects ar
special purpose fund portfolios will have as their primary objective to assure that anticipated
cash flows are matched with adequate investment liquidity. These por~falios should include
at least 10~/0 highly liquid securities to allau~ for ~lexibtlity a,nd ur~anttcipated project outlays. The stated fmai maturity dates of securities held should
not exceed the estimated
project can~pletion date, .A dollar weighted average maturity ol` 3G days or less will be
maintained and calculated by using the stated final matu~.ty of each security.
E. Market prices for all public fund investments will be obtained and monitored through the use
of Interactive ~]ata Inc., an an-line data service ar a s1~111ar quallfed successor agency.
Il1lVTMENT ~IVfITTEE
cn~~ers There is hereby created an Investment committee consisting of the pity Manager,
Assistant pity Manager, Director of Finance, Mayor, and one rr~en~ber of the City council.
Scope -The Investment ammittee shall meet at least quarterly to determine general strategies and
to monitor results, Included in its deliberations wi11 be such topics a: economic outlook, portfolio
diversification, maturity structure, p~tentlal risk to the ~1ty's funds, authorized brokers and dealers,
and the target rate of return on the 1r~vestiYlent portfolio,
L
Page 4 of I3
P~I~IG"IADNi~ITI~ATIE PIt~EDIaREIAI]1V.~[NITRATIV~ D~RETIV~
TITLE: INVESTMENT POL7~ REFERENCE NUMBER:
`~~•V~
Procedures -The Investment Committee shall provide minutes of its meetings, Any two members
of the Investment Corri~nitte may request a special meeting, and four rr~en~bers shall constitute a
quorum. The Investnrlent Con~n~ittee shall establish its own rotes of procedures.
VI. REP~NI~~LITY AND STANDARD DF Al
A. De~ea~ion & ~~aanan -The management responslblllty for the Investment program IS
hereby delegated to the Assistant City Manager, who shall establish written procedures for
the operation of the investment program, consistent with this investment policy, Such procedures shall include explicit delegation of authority to the individuals}
responsible far
investment transactions. The primary 1ndlvrdual who shall be involved 1n investment
activities will be the Director of Finance, The Director of Finance may delegate the day to
aCtiVltl~~ tQ responsible indlvld>~al who leas received the appropriate training required
by state statute, The Assistant City Manager and Director of Finance are designated as the
ln.vestment Officers, pursuant to section ~2~~.ODS subsection f of the Act. Accordingly, the
investment officers shall attend at least one training session relating to their responsibility
under the Act within 1 ~ months afier assuming duties. These sessions and additional
investment training sessions must be completed na less often than once every two fiscal
years commencing September 1,197 and these financial officers shall receive not less than
10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks,
and. cainpliance
with the Public Funds Investment Act, The investment training session shall be provided by .
an independent source approved by the investment committee For purposes of this policy,
an "independent source" from which investment training shall be obtained shall include a
professional arganiztian, an institute of higher learning ar any other sponsor other than a
business Organization with wham the City of Denton may engage in an investment
transaction. Thus, these independent sources will be training sessions sponsored by
Gaverient Treasurers Organization of Texas {GTOT}, University of North Texas AUNT},
Governrrlent Finance Officers Assaciatian of Texas ~GFOAT~. No persons naay engage in
investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager. The Assistant City Manager shall be
responsible
far all transactions undertaken, and shall establish a system of control to regulate the
activities of the Director of Finance, The controls shall include a quarterly process of
independent review by an individual ar firm designated. by the Assistant City Manager, and
. an annual review by an external auditor. The reviews will provide internal control by
assuring compliance with policies and procedures. The Assistant City Manager, Director of
Finance, Mayor, City Council, City Manager and other Finance employees shall be
personally indemnified in the event of investment loss provided the Investment Policies and
Guidelines are followed.
B. C'onf Picts of ~~~~~es~ -All participants in the investment process shall seek to act responsibly
as custodians of public assets, Of#icers and employees involved in the investment process
shall refrain from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make ilnpartial investment
decisions.
, Disc~os~~~ -Anyone involved in investing City funds shall file with the Assistant City
Manager and the Investment Cvini~iittee a statement disclosing any personal business
relationship and any material financial interest in a business organization that handle City of
i
Page 5 of 13 PUL~CYIADMII~ITRATIVE ~~t~~E~UR~IADIV~NI~TRATT4~E DIRECTIVE
TrTLE. ~N'VFTMENT PQ~~CY" REFERENCE NUNIEER:
i~~
Denton investments. An investment af~cer has a personal business relationship with a
business organization if:
1. The investment officer owns 10°l0 or mare of the voting stack ar shares of the
business organisation ar awns $5,~0~ or more of the fair market value of the business
organization;
2. Funds received by the investment officer from the business organization exceed ~ a°Io
ofthe investment officers grass income for the prior year; or
The lnvestment officer has aC~u~red from the business organ~zatlan during the prlar
year investments with a book value of 2,54U or .are for the personal account of the
lnvestCnent officer.
Any investment officer who is related within the second degree by affinity ar consanguinity
as determined under the Tex. Crov't, fade Ann. h. 573 to an individual seeking to se11 an
investment to the pity shall file a statement disclosing that relationship with the pity Council
and the Texas Ethics commission.
D. ~rude~ce The standard of prudence to be used by the investment officials shall be the "prudent Person Rule", as set forth in Tex. Gov't. Cade Ann. dec. 2~5~.aaG
and will be
applied in the context of managing an overall portfolio: "Investments shall be made with
judgement and care under circumstances then prevailing -which persons of prudence,
discretion and inte111gence exercise in the management of their own affairs, not for
speculation, but for investment, cansldering the probable safety of their Capltal as we11 as the
probable income to be derived."
Investment officials acting in accordance with written procedures and the investment policy
and exercising due diligence shall be relieved of personal responsibilities for an individual
security's credit risk or market pxice change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse
developments,
~e~~rting
~ar~er~y -The Director of Finance shall prepare and present to the Investment committee
and pity auncil a written report an the pity's investment transactions far die preceding
reporting period. The report shall: 1 ~ describe in detail the investment posltlan of the pity as
ofthe end of the reporting period., prepared jointly b~ all investment officers, 3} signed by
each investment officer, 4} contain a summary statement of each pooled fund including a}
beginning market value far the reporting period, b} additions and changes to the market value during the perlad; c} ending market value for the ~e~~od; and d} fu11y accrued
interest
far the reporting period. The surnn~ary statement far each fund group must be prepared in
compliance with generally Accepted Accounting Principles ~CAAP}. 5} Mate the book
value and market value of each separately invested asset t the beginning and end of the
reporting period by type of asset and fund type invested; state the maturity date of each
separately invested asset that has a maturity dates 7} state the account ar fund ar pooled
group fund far which each individual investment was acquired; and 8} state the compliance
of the investment portfolio of the City as it relates to the investment strategy of the City and
with relevant provisions of the Tex. av't. bode ch. 225
i
Page G of 13 P~LIY~ADINITRATI~ PI~~EDURLIA.~MINITI~.ATIVE DIRLTIV~
TITLE: IN'~~TMENT P~IIIC~ RFIFERENCE NLr~VIBFIR: 4D F0~
~4~~~a~I~ -within one hundred-twenty { 1 ~U} days of the end of the Fiscal dear, the Director
of` Finance shall present a comprehensive annual report to the City Council on the
Investment program and investment activity. The annual report shall provide a separate
quarterly comparison of returns and suggestions for improvements that alight be trade in the
investment program. The City Council shalt review and approve the investment policy and
investment strategies at least annually and be documented by rule, order, ordinance or
resolution which shall include any changes nude.
o~n~~ance ~4~di~ -The City's external, independent auditor will conduct an annual review
o#' the quarterly reports in conjunction wig the annual financial audit. The results of the audit will be reported to City Council upon receipt.
The a€Idit will review compliance with management control on investments and adherence to
this policy.
F. The guidelines of retaining records for seven years as recommended in the ~'e~a~s ~'~a~e
library u~ic~pa~ records a~ua~ should be followed. The Director of Finance shall
oversee the filing andlor storing of investment records.
VII. LTABLE ,~LITHORI~ED ~ST1V~l~IT ECUR~TIE
A. Active Portfolio Nlanagetnent -The City intends to pursue an active versus a passive
investment management philosophy. That is, securities may be sold before they mature if
market conditions present an opportunity for the City to benefit from the trade. {subsection
l~}
B. ~4~th~ri~ed Inves~~n~rt~s Per ~I~ ~~59 and S'ectio~s ~ZS~ OD9 ~~rou 2~5~, ~I7 o tae ~4c~)
Assets of funds of the government of the City of Denton maybe invested in:
1. obligations of the United Mates of America, its agencies and instrumentalities
{maturing in less than five {5} years; which have a liquid market with a readily
determinable market value;
2. Investment -grade, direct obligations of the Mate of Texas {maturing zn less than two
yearn;
Obligations of the Mates, agencies thereof, Counties, Cltles, and other political
subdivisions of any state having been rated as investment quality by a nationally
recognized investment rating firm, and having received a rating of not less than ;;AAaa or its equivalent {maturing in less than two {2} years};
4. Fully insured or collateralized Certificates of Deposit issued by state and national
batiks or savings bank or a state or federal credit union, domiciled m Texas,
guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or
the National Credit Union share Insurance Fund or its successor; secured by
' obligations described in 1 through 3 above, and that have a market value of not less
than the principal amount of the certificates but excluding those mortgage backed
securities as described in the Tex. ov't. Code dec. ZS~.oo~{b}. {maturing in less
than one { 1 }year};
i
Page 7 of I3 PDLY~YIADIV~NITRATIVE PR~EDUREIADM~TRATI~ DIRETI''~
TITLE; IN'VETIVIENT POLICY REFERENCE NUMBER; 403.~d
Fully coliaterized direct repurchase agreements whose underlying purchased
securities consist of the foregoing} with ~ defined termination date secured by
obligations of the United states or its agencies and instrumentalities pledged with ~
thin party, selected and approved by the City through its Director of Finance, other
than an agency for the pledgor and deposited at the time the investrrzent is made with
the City. Repurchase agreements must be purchased through a primary government
securities dealer, as defined by the Federal Reserve, or bank domiciled in Texas.
Each issuer ~f repurchase agreerrients rnu~t sign a copy of the City's )aster '
Repurchase Agreement termination date must be ~ D days ar less};
6. Commercial paper that has a stated maturity of 2?D days or less from the date of
issuance and is rated A-i or P-I or an equivalent rating by at least two nationally
recognized rating agencies.
7. a. Pubic Fund Investment Pools with a weighted average maturity of 90 days or
less. The peal mint be approved Eby resolution} by the City Council to provide
servtCes to the City, The pool must be continuously rated na lower than AAA
or AAA,-n'l or at an equivalent rating by at least one natianaXly recognized rating
service. A public funds investrr~ent pool created to function as ~ money market
mutual fund must mark to market daily and, stabilize at a $ l net asset value.
b. To be eligible to receive funds from. and invest funds on behalf of an entity
under this chapter, an investment pool must furnish to the investment officer or
other authorized representative of the entity an offering circular or other similar
disclosure instrument that contains, at a mtnimurn, the following information:
~ l } the types of investments in which money is allowed to be invested;
the maximum average dollar~weighted maturity allowed, based an the
stated maturity date, of the pool;
the maxl~num stated. ~atllrlty date any investment security within the portfolio has;
~~4} the objectives ofthe pool;
the size of the pool;
the names of the members of the advisory board of the pool and the dates
their terms expire;
~7} the custodian bank that will safekeep the pool's assets;
~8} whether the intent of the pool is to maintain a net asset value of ane
dollar and the risk of market pride fluctuation;
~9} whether the only source of payment is the assets of the pool at rnaxket
value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of
payment;
X10} the name and address afthe independent auditor afthe pool;
~1l} the requirements to be satrsed for an entity to deposit funds in and
withdraw funds from the pool and any deadlines ar other operating
policies required for the entity to invest funds in and withdraw funds
from the pool; and
~l2} the performance history of the pool, Including yield, average dallax-
e~ghted maturities, and expense ratios.
i
Fage S of 13
~~I~IY~ADM~ITRATE PIi~ED~lADI1ITRATE DTRETIVE
TITLE: ~ETIVIENT POLICY R~FEI~E CUMBER.
403.~~
c. maintain eligibility to receive funds from and invest funds on behalf of an
entity under this chapter, an investment pool must furnish to the investment
off icer ar other autherid repre~er~tative of the entity:
~ ~ investment transaction confirmations; and
a monthly report that contains, at a minimum, the following information:
~A} the types anal percentage breakdown of securities in which the
pool is invested;
{B} the current average dollar-weighted matUrlty, based o~n the stated
~TlaturltleS ofthe pool;
the current percentage of the pool's portfolio in investments that have stated maturities of mare than one ,year;
~D~ the hook value versus the market value of the pool's portfolio,
using amortized cost valuation;
the size afthe pool;
~F} the number of partlcrpants m the pool;
{C~} the custodian bank that is safekeeping the assets of the pool;
~H} a listing of daily transactlan actlv~ty of the entity participating in
the pooX;
~I} the yield and expense ratio of the pool;
~J} the portfolio managers of the pool; and any changes or addenda to the offering circular.
An SEA-registered, no load m.aney market mutual fund which has a dollar weighted
average stated maturity of 9~ days or less whose assets consist exclusively of the
assets described in section B.l. and whale investment objectives includes the
maintenance of a stable net asset value of $1 for each share: furthermore, it provides
the pity with a prospectus and other information required by the E Act of 1934 or
the Investment Advisor Act of I940 and which provides the pity with a prospectus
and other information required by the securities Exchange Act of I934 X15 TJ~~.
section 7~a et. Seq.} or the Investment company Act of 199D ~t5 U section SDa-1 et. eq,}.
9. Other such securities ar obligations which are authorized by the Act as approved by
pity Oouncil upon recommendation of the Investment Committee.
Pt~Ohi~~~e ~nve~st~ne~~s - ~'he pity's authorized investment options ruore restrictive than
thane allowed by State law. Furthermore, this policy specifically prohibits investment in the
fallowing investment securities.
I. Obllatlons, whose payment represents the coupon payments on the outstanding pr~nclpal balance of the underlying mortgage-backed security collateral and pays
no
principal.
Obltgatlons whose payment represents the principal stream of cash flow from the
underlyingmortgage-backed security collateral and bears no interest.
Oollateralized mortgage ab~igations that have a stated final maturity date of greater
than 1 ~ years.
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Page9oft ~~LIYIADNIINIT~ATIVE ~R~~ED[~IADN,~NIT~.ATE DYRETIV~
TtTL~: TNVETME~T POLt~Y RE~'EREN~~ IMBER:
43.06
4. Callaterali~ed mortgage obligations the interest rate of which is determined by an
index that add usts opposite to the changes 1n a market index.
~iversa; f ica~io - It 1s the policy of the Ity to di~rerl~y its fnvestrn~nt portfolios. The
diversification wilX protect interest inco~.e from the volatility of interest rates and the
avoidance of undue concentration of assets in ~ specific maturity sector; therefore, portfolio
maturities sha11 be staggered. securities shall also be selected and revised periodically by
the Investment Committee. In establishing specific diversification strategies, the two
fallowing general policies and constraints sha11 apply:
1. Risk of market price volatility sha11 be controlled through maturity diversification and
by controlling unacceptable maturity extensions and a mismatch of liabilities and
assets; The maturity extension wrll be controlled by 11~n1ting the weighted average
rnaturlty ofthe entire portfolio to 550 days. All long-term maturifiies will be intended
to cover long-term 1labllltles. In addition, five ~5°fo} percent of the funds in the
portfolio will be liquid at all times.
The Investment Committee shall establish strategies and guidelines far the percentage
of the total portfolio that may be invested in U. . Treasury securities, federal agency
lnstrumentallt~es, repurchase agreements, and insuredlcallateralized certificates of deposit and other securities or abligations. The Investment Corr~rnittee shall conduct
a
quarterly review of these guidelines, and shall evaluate the probability of market and
default risk in various investment sectors as part of its considerations.
Risk Of ~r1n~i~~~ ~aS~ In the ~Ofa~1~ ~ ha1~ hall 1~llrlYmlz~C~ C~1~~r51f~1~;
investment types according to the fallowing limitations.
I~tyes~mer % o Poi olio
• U.S, Treasury Natesll~ills 100~fo
• C~. . Agencies Instrumentalities 1 DO~fa
~ Mate of Texas Obligations Agencies 15°fo
• Local Government investment Pools ~~°fo • Local Government Obligations AAA} 10°f~
• Repurchase Agreements 25°fa
~ certificates of Deposit ~ 1 Da°fa
# Government Money Market Funds 50°fa
• tJ,. Treasury dotes TJ.S. Agency Callables ~5°fo
By Institution:
Repurchase Agreements No mare than 1 ~°fo
All tither No more than 40°fo
security swaps maybe considered as an investment option for the City. A swap out of one
instrument into another is acceptable to increase yield, realign for disbursement dates,
extend or shorten _n~aturlty dates and rmprove market sector d~vers~eat~on. Swaps may be
initiated by brokersldealers who are on the City's approved list, A horizon analysis is
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Page 1~ of ~
POL~INIINITI~AT~VE PR~C~DUTA~NI~TRAT~'VE D~RE~TI~E
TITLE: IN~ESTN~' POLICY REFERENCE NUMBER:
403.OG
required far each swap proving benefit to the City before the trade decision is made, which
wi11 accompany the investment file fpr record Keeping.
F. AlI investments governments or banK C.D.'s} wlll be sol~ctted on a competitive bass with
at least three ~3~ institutionsq The Investment Committee can appra~re exceptions on a case
by case basis or an a general basis in the farrr~ of guidelines. These guidelines shall taKe into
consideratian the investment type maturity date, amaunt, and potential disruptiveness to the
City's investment strategy. The investment will be made with the broKerldealer offering the
best yleldlquality to the City.
The quotes may be accepted orally, in writing, electronically, or any combination of these
methods.
C. Arbitrage ~ Due to the band issuance sizes of which the Clty incurs an a regular halls,
arbitrage should be addressed.
The Tax Reform Act of 198G provided limitations restricting the City's investing of tax-
exempt general obligation Bond proceeds and debt service inca~ne. New arbitrage rebate
provisions require that the City compute earnings an investment from each issue of bands an
an annual basis to determine if a rebate is required. To determine the City's arbitrage
position, the City is required to perform specific calculations relative to the actual yield earned an the investment of the funds and the yield that could have been
earned if the funds
had been invested at a rate equal to the yield on the bonds said by the City. The rebate
provision states that periodically gnat less than once every five years, and not later than sixty
days after maturity of the bonds}, the City is required to pay the U.. Treasury a rebate of
excess earnings based an the City being ~n a posltlve arbitrage posltlon. The Tax Reform
restrictions require extreme precision in the monitoring and recording facets of investments
as a whale, and particularly as they relate to yields and computations so as to insure
carnpliance. Failure to comply can dictate that the bonds became taxable, retroactively from
the date of issuance.
The C1ty' ~ Investment pasltlan relatlve to the new arbitrage restrl~tlans the cant~nued
pursuit of maximizing yield an applicable investments while insuring the safety of capital
and liquidity. rt is a fiscally sound position to continue maximization of yield and rebate
excess earnings, if necessary.
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Page ~ i ~ ~
P~3I~IY~ADMINITI~ATI~E PRO~DL~IAD~NITI~ATI~E DIRETIYE
TITLE: IN~ETMENT POLICY ~E~E~ENCE Nt~E~:
40,~~
VIII. ELETII~N 4F BANDS AND D~AI~ER
A, Deposi~~~y -City Council shall, by ordinance, "elect and designate one or more banking
institutions as the depository far the monies and finds of the pity" in accordance with the
requirement of Tex. hoc, Gov't. Code ch. ~ OS. The bank shall be selected primarily on
"solvency and stability's and secondly, on rate of interest available.
The Director of Finance shall conduct comprehensive reviev~ of prospective depositories'
credit characteristicsand flnancialhistory.
The bank shall be selected through a farrrialized bidding process in response to the City's
request for proposal ~RFP~ outlining all services required. The investment Committee shall
have the discretion to determine the time span far rebidding the banking services contract;
however, a two year period will be the minimum length of time between bidding with a 5
year maximum period,
hanks and savings and loans assoc1atlons seeking to establish eligibility for the C1ty's
competitive certificate of deposit purchase program shall submit financial statements,
evidence of Federal insurance and other information as required by the Director of Finance.
B. ~n~~~t~e~~ ~~o~rslDea~ers -The investment amm~ttee shall be responsible for adopting
the list of brokers and dealers of government securities. Their selection shall be among only
primary government securities dealers that report directly to the New York Federal Reserve
dank, unless a comprehensive credit and capltal~~ation analysis reveals that other firlr~s are '
adequately financed to conduct public business. The Investment Committee shall base its
evaluation of security dealers and financial institutions upon.
I, Financial conditions, strength ar~d capability to fulfill commitments;
overall reputation with other dealers or investors;
3. Regulatory status of the dealer;
4. Background and expertise of the individual representatives.
5. Ability to provide additional advisory services,
The Director of Finance shall conduct business with securities dealers approved by the
investment Committee or with banks selected as outlined ~n 'VIIi, Furthermore, the
committee must annually review this list of qualified brokers authorized to engage in
investru.ent transactions with the City. The above criterion will be evidenced by the following rndtcatars: delivery method for securities, capitalization
of firm, lawsuits
pending against firm, credit worthiness of firm, reports and research that are available,
training of staff, primary versus secondary status of firm, and the presentment of a signed
qualif ed broker statement, F~ach indicator will be weighted equally in the overall
evaluation. fnvestment officers shall not conduct business with any f~rrn with wham public
entities have sustained losses on investments or whose name the investment Committee has
removed from an approved list.
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Page 1 ~ of ~ 3
~'~~~YIADIVI~NITRATIVE PR~~EDUREIADMINIT~AT~E DIlTIV~
TITLB: EWETMENT P~~~CY REFERENCE NUMBER; 403 FOG
Can~pliance - A qualified representative from any firm offering to engage in inves~rrxent
transactlon~ with the Clty is required to sign ~ w1'1ttell instrument, Th1s certifies that they
have received and reviewed written copy of the City's Investment Policy. The firm must
acknowledge that it has implemented reasonable procedures and controls in an effort to
preclude investments between the City and the frrn that are not authorised by the City's
investment policy. Approved brokers and dealers must complete Exhibit A and return it to
the Director of Finance. The City's investment off~cer~s} may not transact business from
person who has not delivered the required written instrument to the City.
I~, PRIN~AL PR~T~TI~N AND AFE~EEPIN~
A. All banks' and sa~rings and loan associations' deposits and investments of City funds shall
be secured by pledged collateral with market value equal to no less than ~ percent of the
principal plus accrued interest less an alnaunt insured by FDIC or FSLIC. Evidence of
proper callateralizatian in the form of original safekeeping receipts held in the institution's
trllSt department ar at ~ third party lnstitut~an not af~llated with the bank or bank holding
company will be maintained in the office of the Director of Finance all tine. The Assistant
City Manager, Director of Finance ar other authorized City Representative will approve and
release all pledged collateral. Collateral will be reviewed monthly to assure the market value ~f the securltl~~ pledged exceeds >nvestments andlor the related bank
balances. The
Committee shall xequest additional collateral in the e~rent they deem that their deposits and
investments are not sufficiently protected by the pledged callateral. .
safekeeping prQCedures shall be established by the Investment Committee, which clearly
define steps for gaining access to the Collateral should the City determine that the City's
funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of
the procedure.
C, Collateral Defined -The City of Denton shall accept only the following securities collateral:
l . FDIC and FSLIC insurance coverage.
2. Ignited states Treasuries Agencies.
3. Other securities as appro~red by the Investment Committee.
D. ~e~av~ry vs. ~ayn~en~ -All transactions will be executed with authorized security dealers
and financial institutions on a delivery~versus-payment ~DVP} basis, That is, funds shall not be wired or paid until verification has been made that the Trustee received the
callateral.
The collateral shall be held in the name of the City ar held an behalf of the City. The
Trustee's records shall assure the notation of the City's ownership of or explicit claim on the
securities. The original cagy of all safekeeping receipts shall be delivered to the City.
securities will be held by the City's safekeeping agent, which shall be selected through a
competitive process ~RFP} or that agent's representative in New York City, or 1n Its account
at the Federal Reserve Bank.
subject to Audit - A.11 collateral shall be subject to inspection and audit by the Director of
Finance, ar designee, a well a, the City' S independent auditors.
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Page i ~ of 13
POLICYIADMII~ITRAT~ PR~~DUREIAD~TI~AT~ DIR~~~`I'~E
TITLE: INVESTNfENT POLICY R~FEREN~ NCJMBER. 4~.Ob
MANAEII~IENT AND INTERNAL C~N'~R~L
The Director of l~ finance, or designee, shall establish a system of internal controls, which shall be
reviewed by an independent auditor. The controls shall be designed to prevent lasses of public
funds arising from fraud, employee error, and mrsrepresentat~an by third partzes, unanticipated
changes in financial markets, or imprudent actions by employees ar investment officers of the ~it~.
antrals and managerial emphasis deemed mast irnpartant that shall be employed include the
following:
imperative antrols;
- Custodian safekeeping receipts records management
- Avoidance of hearer-form securrties
- Dacutnenttion of investment bidding events
- ~+Vrltten confirmation aftelephane transactlQns
- Reconcile~nents and comparisons of security receipts with the investment subsidiary
records
- Compliance v~ith investment pal~cies
- Verification of all interest income and security purchase and sell computations
antrols there Practical:
- Control of ~allusian
- separation of duties
- Separation of transaction autha~.ty from Accounting and Record-keeping
- Clear delegation of authority
- Accurate and timely reports
w Validation of investment maturity decisions with supporting cash flow data
- Adequate training and development of Investment Officials
Review of financial conditions of all brokers, dealcrs, and depository institutions
- staying informed about market conditions, changes and trends that require
adjustments 1n investment strategies.
i
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton amending the
city's designated authorized representatives in the Texas Local Government Investment
Pool ("TexPool"); and providing an effective date. The Investment Committee
recommends approval (5-0).
BACKGROUND
On November 6, 2007, the City Council authorized the investment of public funds in
TexPool, a Local Government Investment Pool. At that time, the City designated the
following staff members as authorized representatives: Jon Fortune, Assistant City
Manager; Bryan Langley, Director of Finance; Antonio Puente, Jr., Revenue & Treasury
Analyst; and Randee Klingele, Treasury Services Specialist.
Since that time, the City's Finance Division has employed Caroline Finley as the
Treasury & Debt Manager to oversee treasury and debt operations. In order to ensure
adequate administration and supervision of investments in TexPool, staff recommends
that she be designated as an authorized representative. TexPool requires a resolution of
the City Council to amend the listing of authorized representatives.
RECOMMENDATIONS
Staff recommends approval of the resolution.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 19, 2008, the City's Investment Committee discussed and gave staff
direction to move forward with a resolution to the City Council amending the designated
authorized representatives for TexPool. (5-0)
Respectfully submitted:
Bryan Langley
Director of Finance
s:lour ~ac~mentslreso~utior~s1081texp~al.dac r
RE~LUTI~N N~.
~ RES~LT~T~ON OF THE CITY ~~]~NIL ~F THE ITS OF DENTON AMENDING THE
IT'S DESIGNATED AUTH~RI~ED REPREENTATE IN TIE TEAS L~AL
r~ERNENT IN~1'ESTNIENT p~~L ~"TEO~L"}; AND PR~~TIDINC FAR AN
EFFETE DATE.
WHEREAS, the pity of Denton ~"Participant"} is a local governrr~ent of the State of
Texas and is en~pov~ered to delegate to the public funds investment goals the authority to invest
funds and to act as custadlan of ~nvestn~ents purchased ~vlth local investment funds; and
WHEREAS, 1t 15 1n the best interest Of the Participant to invest local funds In lnvetrnents
that provide for the preservation and safety of principal, liquidity, and yield consistent with the
Public Funds Investment Act; and
HEREA, the Texas Local overnYnent Investment Pools ~"TexPool"}, a public funds
investment pools, mere created on behalf of entitles whose 1nvestn~ent objectives In order of
priority are preservation and safety of principal, liquidity, and yield consistent with the Public
Funds Investment Act; N~', THEREFORE,
THE DUNCIL OF THE CITY ~F DENTIN HERE~~ RESOLVE:
ETI~N 1. The Yndlvldual, whose signatures appear in this Resolution, are
Authorised Representatives of the Participant and are each hereby authorised to transmit funds
for investment in Texpool and are each further authorized to itl~dra f~ulds from tine to time,
to issue letters of instruction, and to tale all other actions deemed necessary or appropriate for
the investment of local funds.
SETI~N 2. An Authorised Representative of the Participant nay be deleted by a
written instr~unent signed by all remaining Authorized Representatives provided that the deleted
Authorized Representatives ~ 1 } is assigned ~ ob duties that na longer require access to the
Participant's TexPaol account ar is no longer employed by the Participant.
SECTION The Participant may, by Amend1ng Resolution signed by the Partlclpant,
add an Authonzed Representative provided the addltlonal Authorl~ed Representative is an
officer, employee, or agent of the participant.
List the Authorized Representatives of the ~artic~pant, Any new 1nd~vlduals X11 be issued
personal ldentifiat1on numbers to transact business with TexPaol ~artlclpant Services.
l . Name: _ Jon Fortune Title: Assistant fit Mona er
PhonelFaxlEn~il: 94~.~4~,855 I ~4~.49.720~ 1 'on.fortune cit ofdenton.com
Signature;
i
s:lo~r docutnen~slreso]uti~nsl~Sltexpoo~.dn~
. Name: Br.l n L _ Title: Dir~ctar of finance
Phonel~'axlErnail: 940,349.~Z24 194~.~49.7~~~ I br an,lan le cit QfdentQn,com
Signature:
~ , Name: _ Caroline Finley_~ Title: _ Treasury Debt Cana er
Phanel~'axlE~nail: ~4~.349.7743 ~ 94a.~49.'7~~ 1 caroline.finle cit ofder~ton.com
Signature:
4. Name: _ AntQnro Puente, Jr. Title: _ Revenue „Treury ,Anal~~
PhonelFaxl~mail. 94~,4~.7~~31940.34~,70~ I antonio. uente cit ofdenton.com
Signature:
5. Name: Randee I~lin ele ~ T1tle: Treasury Services pecialist~
Phanel~'~IEn~ail: 940.~~9.82~~ 14~.349~72~~ l rndee.l~lin ele ci ofdenton,com
Signature:
List the name of the Authorised Representative listed move that v~i11 have primary responsibility
for performing transactions and receiving confirmations and monthly statements under the Participation Agreement.
Name: _ Randee I~lingele
In addrtlon and t the option of the Participant, one additional Authorized Representative can be
designated to perform only inquiry of selected information, This limited re resenttive cannot
perform transactions. ~f the Participant desires to designate representative -ith inquiry rights
only, complete the following information
Name: Title;
S~TI~N 4. This Resolution and its authorisation shall continue in full force and effect
until amended or revalued by the Participant, and until TexPool Participant services receives a
cagy of any such amendment or revocation,
~~TI~N This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2~~$~
PERRY R,1VIcNE~LL, I~IAY~R
Page ~
s:lour ~oc~mentslresalutionsl081texpoal.doc
.ATTEST:
JE~NIF~l~ ALTER, CITY S~~R~TARY
APPR~VE~ AS T~ L~AL ~`~~.VI:
ERIN NE, ~rTY ATT~R~
BY:
Page 3
i
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Human Resources
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT
1. Consider adoption of an ordinance approving an employment agreement between the City of
Denton and Robin A. Ramsay reappointing him as the Presiding Judge of the City of Denton
Municipal Court; authorizing the expenditure of funds; and providing an effective date.
2. Consider adoption of an ordinance approving a salary increase for Steve Shepherd under the
performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
3. Consider adoption of an ordinance approving a salary increase for George C. Campbell under
the performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
BACKGROUND
On February 5, 2008, the Council reviewed the accomplishments and goals of each Council appointee
in a closed meeting. At the February 19th Council meeting, Council member Jack Thomson, as chair of
the CAPR committee, made recommendations for pay increases for the Municipal Judge, Clty Auditor,
and City Manager, as a result of their performance. Additionally, extension of the Municipal Judge's
contract was discussed. The attached ordinances authorize the recommended increases and extension
of the Municipal Judge's contract.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
1- Ordinance Extending Term of Employment for Ramsay
2- Ramsay's Employment Agreement
3- Ordinance Approving Salary Increase for Shepherd
4- Ordinance Approving Salary Increase for Campbell
Respectfully submitted:
s , .
Carla J. Romine
Director of Human Resources
S:IQu~r Dacumentisl~r~ina~ces1~81Ramsay Ca~t~ra~t Approval.doc
DDIN~ANE
AN ~~DINA~E APPRO~IN~ A~ EPL~YlVIE1~T AEEIVIENT BET SEEN THE ~IT~'
~F DENTIN AND ~O~I~ A, I~AMSA~ REAP~~INTIN HIS A T HE PRESID~N
JUDGE ~F THE CITY ~F DENTIN UNIIPAI~ ~URT• AUTH ~R.I~INC THE
EPENDIT~RE OF F~TNDS; AND P~V~DH~C AN EFFE~T'E DATE.
HEREA.S, the pity of Denton desires to enter into an Ens 10 ent A eernent
Rob1 cc ~ ~ , . ~ V~1t11 ~ A. Ramsay ~ ~a~nsa ~ reappo~nt~ng h~n~ as the Presld~n Jud e of the ~t of D
ll~uni ' ~ enton C1pal aurt, in substantla,~I~ the game form a~ the agreement attached hereto and made a
part hereof as Exhibit "A", to take effect on March 4, ~~~8 the "A Bement" ~ and ~ ~ ~a
WHEREAS, the ~1t ouncrl finds that the Agreement is in the ubl~c ~nterest~ N
THE p ~~V, REFIRE,
TAE OLTNIL ~F THE CITY' ~F DENTIN ~IEREB~ ORDAINS:
SETY~N I. The recitals and flnd.xn~ contained in the reamb~e of this ~rd~nanc
p e are Incorporated into the body of this ~rdlnance.
SETI~N The zty ~ouneil hereby approves the A~eem.ent and authorise the
~ . ~1t~ a~or, or h1s designee to execute the Agreement on behalf of the Cat .
Y
SETIQN 3. The pity expenditures provided far in the A eerrlent are her
ebb authon~ed.
SETI~N 4. This ordinance shall become effective 1mn~ediatel u an its a~
Y p p sage and approval,
PASSED AND APPROVED this the , ~ dad of ~~Q 8,
PERRY R, cNEIL~, MAYOR
ATTEST:
JENNIFER SALTERS, OIT' SECRETARY
B'Y:
APPR~~ED A T~ LEGAL F~
EDP 1VI. SN~D IT~Y ORNEY
BY;
.w
s:lor~r ~ocument~lcantractsl~$lramsay em~~oy~nent agreement.do~
STATE ~F TE.A
C~U~T~" ~F DENT~1~ ~
Em l~ mere r e~~~
This Agreement, made and entered into effective the day of March, 2008 by and between the
City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Robrr~
A. Ramsay, hereafter called "Presiding Judge", bath of whom agree ~ follows:
witn~~~eth:
w~EREAS, Employer desires to re-appoint and continue the employment of the services
of said Robzn A. Ramsay as Presrd~n Judge of the City of Denton Municipal Court, and
wHEREA, it is the desire of Employer to }secure anal retain the services of Presiding
Judge and to provide inducement for hin~ to remain in such employment, to make possible
full work productivity by assuring Presiding Judge } ~ morale and peace of .ind with respect to
future security, and to act as a deterrent against malfeasance or dishonesty far personal gain
on the part ofthe Presiding Judge; and
~VI-IEREA, Presiding Jude desires to accept cantlr~ue en~play~ment a ~resldln Judge
of said City of Denton, Texas Municipal Court; and
WHEREAS, the parties acknowledge that Presiding Judge is a member of the State Bar
of Texas State Bar} and that Presiding Judge is subject to the Code of Professional
Responsibility of the State Bar and shall co.ply with all conditions and restrictions a set forth for municipal judges under alb applicable state statutes and as required under
the Texas Code of
Judicial Conduct;
~1~w, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION ~ , DIJTIE
Employer hereby engages the employment services of Robin A. Ramsay as Presiding Judge of
said Employer to perforzn the functions and duties specified by the Code of Judicial Conduct, the
Denton pity Charter, the City Code, Chapter ~ ~ of the Texas government Cade, the laws of the
State of Texas, and all other applicable laws, and to perform other legally permissible and proper
duties and functions as Employer sha11 from time to time assign. Such duties include court
sessions, workday arraignments, in-pause training, office hours, and other ser~rce of the
Municipal Court Judge far Statutory Magistrate} for the City of Denton.
i
s:laur ~acumentslcat~fracts1081ramsay employment agr~erraent,doc
A. Presiding Judge shall be re~appainted for a terra of tvvo years commencing on March 4,
~a~S and ending on March , Z01 bathing in this Agreement shall prevent, limit or
other rise interfere .th the right of ~rrlplayer to terminate the services of Presiding
Judge at any time, subject only to the provisions set forth in Section 4, paragraphs A a~.d
B of this Agreement,
B. Nothing in this Agreerrient shalt prevent, limit or otherrise interfere with the right of the
Presiding Judge to resign at any trn~e from hrs posrtian nth the employer, subject only to
e provlsron set forth 1n Seaton 4, paragraph , of this Agreement.
Presiding Judge shall continue in the duties of Presiding Judge on March 4, 2a~S, and
agrees to rerrrain in the employ of ~rnplayer until March 20 ~ and except as provided
herein, neither to accept other employment nor to become erriployed by any other
employer until this Agreement is terminated by either paxty as provided herein, The term
"employed" shall not be construed to Include those outside activities approved in
accordance with Section S hereof.
SCTI~I~ , SUSPEII~NI~~vAI~
subject to the provisions of Seaton 4 belov~, Emptaye~ may suspend ar remove e Aresrdin
Judge fth or without full pay and benefits at any time dining the term of this Agreement, but
only if;
A. ~.ployer and Presiding Judge agree, or
B. At least ~ days before the suspension or ren~.oval shall become effective, the City
Council shall by a majority vote of its n~en~bers adapt a preliminary resolution stating
the reasons far his removal, The reasons far rernaval shall be in accordance with
Section 3a.a~~aSS of the Texas government Code, as amended the "Reasons far
Removal"~. Presiding Judge may reply in vesting and may require a heaein at a g
public meeting of the Council, v~hich shall be held not earlier than ~0 days nor Later
than ~ days after the filing of such request, The hearing nay be held in executive
session, at the option of the Council, unless Presiding Judge requests the hearing be
held in open session in accordance with Tex. Gov't Code ~551.a74. Pending such
hearing, the Council nay suspend Presiding Judge from duty, but may not suspend or
reduce his salary. After such hearing or public hearing, if one be requested, and a#er
full consideration, the Council by majority vote nay adopt a f naI resolution of
removal or suspension,
i
s:laur documentslcontraetsl~8lramsay employment agreernent.doc
SECTION 4, EPARATICN AND E~ERANCE PAY
A. In the event of his separation as Presi~n.g Judge under subsection 3.A, he shall be
entitled to receive a lump sung payment equal to six months aggregated sa~a~y. Severance
pay is not due far removal under Subsection ~.8.
B, Yn the event Presiding Judge voluntarily resigns his position with ErrYployer before
expiration of the aforesaid term of his employment, then Presiding Judge shall give
Employer ~0 days notice in advance, unless the parties otherwise agree.
SECTION A~,ARY
A. Employer agrees to pay Presiding Jud e far his services rendered ursuant hereto an g p
annual base salary of $~,74G,4~, payable ~n lnstalln~ents at the same time as other
employees of the Employer are paid. Effective the first pay period following April ~
~~aS, the salary will be increased by seven percent ~7°l~}. A11 provisions of the lty
Charter, City Cade, and Rues and Regulations of the City adopted by the City Council
relating to vacation aiad sick leave, retirement and pension system contribution, holidays,
and other fringe benefits and working con~tians as they now exist or hereafter nay be
amended, shall apply to Presiding Judge as they would to other employees of the City,
which benefits include health insurance, long~tei~rn disability insurance, retirement under
the Texas Municipal Retirement System, and other benefits as provided to other Council
appointees of the City.
In addition, Employer agrees to increase said base salary andlor other benefits of
Presiding Judge in such amounts and to such extent as the Council nay determine within
the approved budget that it is desirable to do so on the basis of an annual performance
review of said Presiding Judge made at the same time a similar cor~sideratian is given
other Council appointees.
C. In addition, to the annual base salary the Presidia Jud e sha11 also be aid $1 G~ er da g g p y
for the performance of magisterial duties far the City of Denton 1~Iunicipal Jail or other
designated detention or holding facility far city prisoners, on bath ~i~ off ieially designated
City of Denton IJolidays, and iii} on Saturdays and Sundays,
ECTICN PERFORMANCE EYAI~T~ATfDN
A. The Council shall review and evaluate the erformance of the Presidia Jud e at react p g g
ante annua~.~y during the time set aside each year far the performance review of other
Council appointees. Said review and evalua~tian sha~~ be in accordance with specific
criteria developed jointly by Presiding Judge and E.player. Said criteria may be added
to or deleted Frain as the Council and Presiding Judge shall agree.
B. Annually, the Council and Presiding Judge shall define such goals and performance
objectives which they determine necessary for the proper operation of the City of Denton
Municipal Couxt, and the attainn~.ent of the Council's pa~icy objectives and shall
further establish a relative prlorzty among those various goals and ob~ectrves.
i
s.laur dacumentslcautractsl~8~'amsay employment a~reement.doc
. in effecting the provision of this Section, the Council and the Presiding Judge rr~utually
agree to abide by the prodsions of applicable law.
SECTI~~ 7. HOURS OP vV~R
It is recognized by both Employer and Presiding Judge that the duties of Presiding Judge require
a great deal of tune outside of normal office hours. It is also recognized by the parties that
Presiding Judge is required to devote the amount of tine and energy necessary to carry out those
duties with the highest amount of professionalism possible. That being the case, the parties
recognize that Pres~d~ng Judge nay choose to ta.~e personal t~n~e off Burin business hours when g
it is appropriate and when his duties allow. Although this personal time off is not considered
vacation, neither is it to be considered s compensatory time far time spent by Presiding Judge in
carrying out his duties outside of normal office hours, as the parties agree that the Presiding
Judge must devote the amount of time necessary to fulfill those duties. The Council will
consider the Presiding Judge's use of personal time off during the performance evaluation.
SECTION 8. OUTSIDE ACTIVITIES
Presiding Judge is entitled to devote whatever amount of time he feels is appropriate under the
circumstances to the pursuit of teaching, counseling, consulting, writing, private practice of law,
judging for other municipal courts, ar other non~employer connected business outside of normal
business hours of the Employer, provided that this does not conflict or interfere with his duties of
the off ice of Presiding Judge as required by Chapter ~ 0 of the Teas Government Code, and
provided that Presiding Judge first notifies the Council Appointee Performance Review
Committee that he intends to engage in such activity, including the arnaunt of time he intends to
devote to this activity and his engagement in the actidty is approved by the Chair of the
Committee.
SECTION , AUT~~BIf,E
The Presiding Judge is required to be on call far ~4 hour service, so therefore, must have access
to a vehicle for City business, Employer shall grant to the Presiding Judge a car allowance of
8 per month for providing such vehicle, The Presiding Judge shall be responsible for the
purchase, maintenance, insurance tapes, etc. far said vehicle. The monthly allowance will be
considered for increase during the performance evaluation process. The Employer also agrees to
reimburse Presiding Judge for mileage far out-of-county travel associated with City business at
the current IRS rate far mileage reimbursement in accordance with the then current City Travel
Reimbursement Policy for City employees with car allowances,
SECTIG~ I RETIREMENT
A, Employer agrees to execute all necessary agreements prodded by the International
CitylCounty Management Association -Retirement Corporation ~ICIVIA-RC} for
Presiding Judge's part~cipat~on 1n sold ICiVIA-RC retirement plans, Employer farther
agrees to contribute 4% of Presiding Judge's annual base salary to ICiVIA-RS's X57 plan.
All sums contributed to said plans shad be in addition to Presiding Judge's base salary.
i
s:lou~ docume~rtslcantraots1081ramsay employment agreement,doc
Employer also agrees to allow Presiding Judge to contribute 'whatever portion of his base
salary he may deem appropriate to said plan, including "catch-up"provisions,
B. Employer agrees to pay the percentage of the cost of Presiding Judge's participation in
the T1ViR retirement program, in accordance with Employer's current policy far other
executive-level employees.
. If the Presiding Judge retires pursuant to a qualified retirement plan, or is permanently
disabled during the term of this Agreelent, the Presiding Judge shall be compensated
far sick leave, vacation leave, holidays, and other benefits then accrued ar credited to the
Presiding Judge in accordance with Employer's current policies far eo~npensation for
these benefits, and, at the Presiding Judge's option, shall be permitted to continue to
participate in. the pity's health insurance plan on the same basis as other retirees from the
City are permitted to do sa, ar, if such other retirees arc not permitted to do so, at the
cost of the Presiding Judge.
ECT~CN 11, DtIE, MEM~ERHfP AND ~J~CRIPTI~N
Employer agrees to budget ar~d to pay far the professional dues, rne~nberships, and subscriptions
of Presiding Judge necessary far his continuation of full participation in national, regional, state
and local associations and organizations necessary and desirable far his continued professional
participation, growth and advancement as Presiding Judge, a~ad far the good of the Employer in
amounts that are approved by the C1ty Council ~n the annual budget far the City's Municipal
Court Judge Administration.
SECTION l2. PR~FEi~NAL DEVELOPMENT
Employer hereby agrees to budget far and to pay the fiu.~l travel, participations and subsistence
expenses of Presiding Judge far professional and official travel, meetings and occasions adequate
to continue the professional development of Presiding Judge, and to adequately pursue necessary
official and other functions for Employer, including such national, regional, state and local
groups and con~.mittees thereof which Presiding Judge serves as a member in the amounts
approved by the City Council in the annual budget for the City's Municipal Court Judge -
Ad~ninistratian.
SECTION 1 , BNDIN
Errrplayer shall bear the tali cast of any fidelity or other bands that may be required of the
Presiding Judge under any lam ar ordinance.
SECTION I4, OVER TERMS AND CONDITIONS 0~' EMP~OMENT
The City Council, upon recomendatlan of the Council Appointee Performance ~ev1e
Committee and in cor~sultatian with the Presiding Judge, shall fig any such other terms
and conditions of employment as it may determine from ti.e to time, relating to the
performance of Presiding Judge, provided such terms and conditions are not inconsistent
v~ith or ~ conflict with the provisions of this Agreerr~ent, the City Charter, Chapter 0 of
5
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s,lour ~oeumentslcontracts1081ramsay employment agreerrxent.doc
the Texas avernment fade, ar any other law, and axe n~emoriallzed by a written
amendment to this Agreement,
B. All provisions of the City hater and bode, and regulations and rulas of the Employer
relating to ~actian and sick leave, retirement and pension system contnbut~ans, holiday,
and other fringe benefits and wording conditions as they now exist ar hereafter niay be
amended, also sha11 apply to Presiding Judge as they would to other erriplayees of the
Employer in addition to said benef is enumerated specifically far the benefit of Presiding
Judge.
E~TI~I~ 15. JENERAL PF~~YI~IN
A. T1ae text herein shall constitute the entire agreement between the parties.
B. This Agreement sha11 be binding upon and inure to the benefit of the heirs at law and
executors of Presiding Judge.
i
. If any provision, or any portion, thereof, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the ~reinainder of this Agreement, yr pardon
thereof, shall be deemed several, shall not be affected and shall remain in farce and
effect.
D. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton Jaunty, Texas,
ETI~N I G, APPR~PRIATIN
The Employer has appropriated, set aside and encumbered, and does hereby appraprlat, set
aside, and encumber available and unappropriated funds of the pity in an amount suffie~ent to
fund and pay all financial obligations of the pity pursuant to this Agreement, including, but not
limited to the severance pay, salary and benefits set forth and described herein,
IN ITNE wI~ERE~F, the Mayor as duly authorized by the pity council and on
behalf of the pity of Denton, has signed and executed this Agreement and the Presiding Judge
has signed and executed this Agreement, both in duplicate, the day and yeax first above written.
CITY F DE~T~N, TEA
PERKY R. IVIcI~EILL, MAYOR
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s:laur d~cumentslcontractsl~8~ramsay employment agr~ernent.doc
ATTEST.
J~NNIF~R ALTAR, CITY E~RET~RY
~Y:
APPR~ED A T~ L~A.~ F~
ERIN ll~. YI~E ITY A ~RNEY
~N'
1 ~
P~EID~N JL~DE
7
i
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Human Resources
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT
1. Consider adoption of an ordinance approving an employment agreement between the City of
Denton and Robin A. Ramsay reappointing him as the Presiding Judge of the City of Denton
Municipal Court; authorizing the expenditure of funds; and providing an effective date.
2. Consider adoption of an ordinance approving a salary increase for Steve Shepherd under the
performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
3. Consider adoption of an ordinance approving a salary increase for George C. Campbell under
the performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
BACKGROUND
On February 5, 2008, the Council reviewed the accomplishments and goals of each Council appointee
in a closed meeting. At the February 19th Council meeting, Council member Jack Thomson, as chair of
the CAPR committee, made recommendations for pay increases for the Municipal Judge, Clty Auditor,
and City Manager, as a result of their performance. Additionally, extension of the Municipal Judge's
contract was discussed. The attached ordinances authorize the recommended increases and extension
of the Municipal Judge's contract.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
1- Ordinance Extending Term of Employment for Ramsay
2- Ramsay's Employment Agreement
3- Ordinance Approving Salary Increase for Shepherd
4- Ordinance Approving Salary Increase for Campbell
Respectfully submitted:
s , .
Carla J. Romine
Director of Human Resources
S:IOur DocurrientslOrdinanceslU$lhepherd Salary Ap~roval.doc
QRDINANE N~,
AN ~RDINAN~E APPR~VIN A SALARY INCREASE FAR STEVE SHEPHERD UNDER
THE PERF~RANE REVUE PR~VISI~N ~F HIS ENIPL~Y~IVIENT AGREEMENT
KITH THE CITY} AUTH~R~IN THE E~PENDITL]RE ~F FUIITD; AND PR~VIDIN
AN EFFETNE DATEe
WHEREAS, an June 5, 207, the pity ~auncil approved an en~playment agreerrient with
Steve Shepherd a pity Auditor bar ordinance Na, 2~~~7-~~4, and
~1UHEREAS, the pity Council Appointee Performance Reviev~ ammittee and the pity
Council have completed the ity~ Auditor' annual reviev~ and the committee hay recommended
that the qty aunell approve a salary lncre~e; NOS, TFIEREF~RE,
THE C~I~NCIL QF THE CITY ~F DENTIN HEREBY ORDAINS:
SECTION 1. The recital and find1ngs conta1ned 1n the preamble of this ~rd1nance are
Incorporated Into the body of this ~rdxnance.
SECTION The City Council hereby approves a salary increase in the amount of °Io o~
the current base salary under Section of the Agreement, to be effective at the beginning of the
first pay period aver dune ~ S, ~O~S.
SECTION 3. The City expenditures provided for in the Agreement are hereby
authorized.
SECTY~N 4, This Qrdlnnce shall become effective ~nnnedlately upon its passage and i
approval.
PASSED AND APPROVED this the day of , 2~~5.
PERRY R~ cNEILL, ~VIAYR
ATTEST:
JENNIFER ~UALTERS, CITY SECRETARY
B~Y;
APPROVED A T~ LECAL FO
EDWIN . S CYTY ~RNEY
~~a
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Human Resources
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT
1. Consider adoption of an ordinance approving an employment agreement between the City of
Denton and Robin A. Ramsay reappointing him as the Presiding Judge of the City of Denton
Municipal Court; authorizing the expenditure of funds; and providing an effective date.
2. Consider adoption of an ordinance approving a salary increase for Steve Shepherd under the
performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
3. Consider adoption of an ordinance approving a salary increase for George C. Campbell under
the performance review provision of his employment agreement with the City; authorizing the
expenditures of funds; and providing an effective date.
BACKGROUND
On February 5, 2008, the Council reviewed the accomplishments and goals of each Council appointee
in a closed meeting. At the February 19th Council meeting, Council member Jack Thomson, as chair of
the CAPR committee, made recommendations for pay increases for the Municipal Judge, Clty Auditor,
and City Manager, as a result of their performance. Additionally, extension of the Municipal Judge's
contract was discussed. The attached ordinances authorize the recommended increases and extension
of the Municipal Judge's contract.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
1- Ordinance Extending Term of Employment for Ramsay
2- Ramsay's Employment Agreement
3- Ordinance Approving Salary Increase for Shepherd
4- Ordinance Approving Salary Increase for Campbell
Respectfully submitted:
s , .
Carla J. Romine
Director of Human Resources
S:IDur Doc~mentslordi~nar►ces1D81~ampbell a~a~ ~ppt'oval.~oc
E~~C~E , l1AMP~EI~L
ENDER THE PERF~RMAN~E R.EIE PR~vIf01~ HfS ENfP~~~ENT
A~REEl1~ENT ~Tx TIDE rT~, AUTHORIN THE E~PENDIT
PR~~If]~N AN EFEETIVE DATE.
V~HE~EA, on September ~ 9, ~0~~, the fit auncil ~ approved an employment
agreement with George , Campbell as ~1ty 1Vlanager by ~rdrnance No. X00 - .
agreement was amended effective ~Vlay 1, ~~~7 pursuant to ordinance No. 20'7-~~ G the
``Agreen~er~t"}; and
HERE.A, the 1ty ounell Appointee Performance ~ev1e om~ni ttee and 1ty
council have completed the pity Manager's ann~ua~ review and the o~n~nit tee leas reconnnended
that the pity council approve a salary increase; '~HERE~~RE
THE ~UNfL THE CITY ~F DENTS HEREBY ORDAINS:
ETf 0~ I . The recitals and f~nding~ contained in the rea~nble of this '
P Ordnance are incorporated into the body of this Ordinance.
E'~I~N~ The lty ounci~ hereby approves a sal increase in the an~o ~
~ tint of 7 I~ of the current base salary under Section ~ of the Agreement, to be effective .
at the beg~nnln of the first pay period after April l ~ 2D~S.
~ET7~N 3. The ~1ty expenditures provided far in the ~ een~ent
a~thonzed. are hereby
ETf~N This Ordinance shall become effective tmmediatel u on its
y p passage and approval,
PASSED AND APPROVED this the day of ~oOS
} .
PERRY l1~cNEII~~, A.Y~R
ATTEST:
.IEN~I~`ER SALTERS, CITY ERETARY
BY:
APPR~~ED AS TO LECrAL ~Q
. EDP . ~ TY ~R~EY
iJ
CITY OF DENTON CITY COUNCIL MINUTES
February 4, 2008
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Monday, February 4, 2008 at 12:15 p.m. in the Council Work Session
Room.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1. Call to order; announce quorum, introductions.
Mayor McNeill announced that a quorum of the Council was present.
2. The Council received a report and held a discussion regarding the City of Denton and North Central Texas College planned training facility partnership and cooperative
efforts with
the Denton Independent School District technology center.
Roy Minter, Police Chief, stated that there was a tremendous need for this type of facility. He
presented an update on the types of needs the facility would assist and the cooperative effort that
would be associated with the DISD.
Dr. LeeAnn Nutt, North Central Texas College, discussed the partnership between NCTC, the
DISD and the City of Denton.
3. The Council received a report and held a discussion regarding the City of Denton and
Denton ISD recycling programs.
Shirlene Sitton, Recycling Manager-City of Denton, spoke on the recycling programs that were
going on in the elementary schools. These programs were started in 2004-OS at the Lee
Elementary School and were now district-wide. The Sustainable Schools Program was well
receive .
Rod Reeves, DISD, stated that the DISD was looking at ways to make all facilities more "green".
A committee had been formed to look at green buildings and a recycling component for building
projects and construction sites.
4. The Council received a report and held a discussion regarding the City of Denton and
Denton ISD employee wellness programs.
Scott Payne, Risk Manager-City of Denton, reviewed the goals of the city's program. The city's
programs included a Wellness Committee, the Naturally Slim Program, and a Wellness Fair.
Theresa Grant, DISD Health Services, provided an update on the DISD's programs. The DISD
and the city were working on a wellness collaboration that might include increased
communication regarding district/city happenings to all employees, cross referencing and adding
collaborative website links and combined wellness days/health fairs.
City of Denton City Council Minutes
February 4, 2008
Page 2
5. The Council receive an update and held a discussion regarding development projects
including, but not limited to:
Master Planned Communities
IDI
Aldi
Jostens
Mark Cunningham, Director of Planning and Development, stated that there were five master
planned communities in progress. The IDI project was a proposed master planned industrial site. ALDI was a proposed distribution center and Josten's was an expansion of the current
site.
6. New Business and Announcements
Council Member Heggins suggested the city look into the use of cell phones in school districts
and a program similar to the Dallas "Pull Your Pants Up" for a dress code for the schools.
7. With no further business, the meeting was adjourned at 1:35 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 5, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 5, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Thomson, and Watts.
ABSENT: Council Member Montgomery
1. Staff responded to requests for clarification of agenda items listed on the agenda for
February 5, 2008.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:07 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Considered and discussed litigation styled Robert T. Clifton v. City of
Denton, Cause No. 4:06-cv-472, currently pending in the U.S. District
Court, Eastern District, Sherman Division.
2. Received legal advice from the City's attorneys regarding the issue of
discounted electric rates for state universities; legal issues and remedies
thereon; and discuss and deliberate the City's legal posture regarding
same. A public discussion of these legal matters would conflict with the
duty of the city's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
3. Discussed and considered strategy, status, and possible settlement of
litigation with the City's attorneys regarding Atmos Energy, GUD Docket
No. 9762. A public discussion of these legal matters would conflict with
the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Consultation with Attorney -Under Texas Government Code Section 551.071
and Deliberations regarding Real Property -Under Texas Government Code
Section 551.072.
1. Deliberation regarding the purchase, value, and acquisition of real
property for future animal shelter and park/soccer field sites, including
legal advice from the City Attorney regarding legal issues related thereto.
C. Deliberation regarding personnel matters -Under Texas Government Code
Section 551.074.
City of Denton City Council Minutes
February 5, 2008
Page 2
1. Deliberated and discussed the evaluation, duties, discipline, procedures,
and contracts for the City Manager, City Attorney, Municipal Court Judge,
and City Auditor.
Regular Meeting of the City of Denton City Council on Tuesday, February 5, 2008 at 6:30 p.m.
in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
Mayor McNeill presented proclamations for Denton Family Unity Week and Black History Month.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Bob Clifton spoke on Item 3M regarding the expenses of the contract.
Deputy Mayor Pro Tem Mulroy requested that Item 3M be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item 3M. On roll vote, Heggins "aye", Kamp
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
Item M was considered.
City Attorney Snyder reviewed the status of the agreement.
Thomson motioned, Kamp seconded to adopt the ordinance for Item 3M. On roll vote, Heggins
"aye", Kamp "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
A. Approved a Parks, Recreation and Beautification Board recommendation to select
David Iles as the artist for the most recent public art sculpture for the City of
Denton. Project budget was not to exceed $24,000. The Parks, Recreation and
Beautification Board recommended approval (6-0).
B. R2008-002 - A resolution adopting the City of Denton's FY 2009 Congressional
Priority Project requests.
City of Denton City Council Minutes
February 5, 2008
Page 3
C. R2008-003 - A resolution of the City Council of the City of Denton, Texas,
renewing a policy for Tax Abatement for the City of Denton to establish
guidelines and criteria governing Tax Abatement Agreements; and declaring an
effective date. The Economic Development Partnership Board recommended
approval (7-0).
D. 2008-020 - An ordinance ordering an election to be held in the City of Denton,
Texas, on May 10, 2008, and, if a runoff election is required, on June 14, 2008,
for the purpose of electing Councilmembers to Places 5 and 6 and electing a
Mayor to Place 7 of the City Council of the City of Denton, Texas; designating
voting places; appointing election officials; providing for early voting; providing
for bilingual notice of the election; ordering that an electronic voting system be
used; providing an open meetings clause; and providing an effective date
E. Approved the minutes of:
December 3, 2007
December 4, 2007
December 11, 2007
January 7, 2008
January 8, 2008
F. 2008-021 - An ordinance approving an easement purchase agreement between the
City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift station
purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract
No. 871 and the V.E. Gallon Survey, Abstract No. 452, all in Denton County,
Texas; authorizing the expenditure of funds therefor; and providing an effective
date. The Public Utilities Board recommended approval (6-0.)
G. 2008-022 - An ordinance approving a pipe line crossing contract between the City
of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within railroad right-of way located immediately
north of said railroad right-of way's intersection with Roselawn Drive within the
Asa Hickman Survey, Abstract Number 521, City and County of Denton Texas;
authorizing the expenditure of funds therefor; and providing an effective date.
The Public Utilities Board recommended approval (6-0).
H. 2008-023 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area
Council (H-GAC) for the acquisition of 29 vehicles for various City of Denton
General Fund Departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3953-Interlocal Agreement for the
Purchase of General Fund Vehicles for the 2007-2008 fiscal year awarded to
Philpott Motors in the amount of $559,658).
I. 2008-024 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of two Type I Ambulances
for the City of Denton Fire Department by way of an Interlocal Agreement with
City of Denton City Council Minutes
February 5, 2008
Page 4
the city of Denton; and providing an effective date (File 3954-Interlocal
Agreement for Type I Ambulance with H-GAC awarded to Freeway Ford in the
amount of $254,850).
J. 2008-025 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to professional services agreement for
performing additional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (in the additional amount of $89,606.75
and a grand total of $193,555.55 for both the First Amendment and the original
agreement); authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommended approval (6-0).
K. 2008-026 - An ordinance accepting competitive bids and awarding an annual
contract for the wood grinding for the City of Denton Compost Facility; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3 93 5-
Annual Contract for Wood Grinding for Compost Facility awarded to the lowest
responsible bidder for each section in the estimated annual amount of $150,000).
The Public Utilities Board recommended approval (6-0).
L. 2008-027 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of ready mix concrete and Portland cement for various
City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3940-Annual Contract for Ready Mix Concrete and
Portland Cement awarded to the lowest responsible bidder for each section in the
estimated cumulative annual amount of $1,000,000).
M. 2008-028 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a second amendment to contract for
professional legal services with Figari & Davenport for professional legal services
relating to litigation styled Clifton v. City of Denton, et al., Cause No. 4:06-CV-
472 pending in the U.S. District Court, Eastern District, Sherman Division;
authorizing the expenditure of funds therefor; and providing an effective date.
N. R2008-004 - A resolution by the City Council of the City of Denton, Texas
requiring that all special events that are on city real property within the city limits
of Denton, Texas shall have mandatory recycling services; that all special events
sponsored by the City or its departments will have mandatory recycling services
for vendors and attendees whether on or off of City real property in the city of
Denton, Texas; that there shall be mandatory recycling services as to all special
events that are conducted on city-owned real property in the city of Denton,
Texas; providing for an effective date. The Committee on the Environment
recommended approval (3-0).
0. R2008-005 - A resolution allowing Denton Rotary Club to be the sole participant
allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on February 9,
2008, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
City of Denton City Council Minutes
February 5, 2008
Page 5
effective date. The Parks, Recreation and Beautification Board recommended
approval by a telephone vote of (5-0).
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City Council of the City of Denton, Texas ordaining the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code (Act), designating a liaison for communication with interested parties, and
nominating Aldi (Texas) L.L.C. to the Office of the Governor, Economic Development and
Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project
(Project); establishing the boundaries of said zone and providing an effective date. The
Economic Development Partnership Board recommended approval (7-0).
Linda Ratliff, Economic Development Director, stated that this was a state incentive rebate
program on sales tax that Aldi spent on materials for building the facility and for equipment.
Twenty-five percent of new employees must be hired from the disadvantaged category. To
become eligible for this rebate, Aldi must be nominated by the city. If approved, the ordinance
would accompany Aldi's application. The rebate would only be on state sales tax with city sales
tax not being rebated.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE
PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER
2303, TEXAS GOVERNMENT CODE (ACT), DESIGNATING A LIAISON FOR
COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING ALDI
(TEXAS) L.L.C. TO THE OFFICE OF THE GOVERNOR, ECONOMIC
DEVELOPMENT AND TOURISM (EDT) THROUGH THE ECONOMIC
DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT);
ESTABLISHING THE BOUNDARIES OF SAID ZONE AND PROVIDING AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
City of Denton City Council Minutes
February 5, 2008
Page 6
B. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, zoning approximately 3,256.92 acres of land, generally located west of
Interstate 35 West, South of Tom Cole Road, bounded by Tom Cole Road to the north, bisected
by FM 2449 near the center of the property, bounded on the eastern side by John Payne Road
south of FM 2449 and Underwood Road north of FM 2449 to the Cole Ranch Master Plan
Community (Cole Ranch MPC) zoning district classification and use designation; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; and providing for
severability, subordination and an effective date. (~VIPC07-0002) The Planning and Zoning
Commission recommended approval (6-0).
Mark Cunningham, Director of Planning, stated this public hearing was to consider the Cole
Ranch Master Plan community. He reviewed the location of the site, the current zoning,
proposed master planned community zoning, proposed land uses, and stated that the ratio of
single family to multifamily was 75% to 25%.
PS Arora, Division Manager-Wastewater Administration, reviewed the proposed floodway
reclamation plan. There were approximately 680 acres of open space included in the MPC.
Much of the open space was made up of floodplain and Environmentally Sensitive Areas
(ESAs). The applicant will identify the ESA mitigation measures at the final plat process. The
applicant will dedicate approximately 72 acres of park land for both passive and active
recreational purposes as required by the City of Denton Park Land Dedication requirement
The Mayor opened the public hearing.
Dave Denison, Cole Ranch Partnership, indicated he was available to answer any questions
Council might have.
Larry Cline, Schrader and Cline, presented the economic impact of the project.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING
APPROXIMATELY 3,256.92 ACRES OF LAND, GENERALLY LOCATED WEST
OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM
COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF
THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD
SOUTH OF FM 2449 AND UNDERWOOD ROAD NORTH OF FM 2449 TO THE
COLE RANCH MASTER PLAN COMMUNITY (COLE RANCH MPC) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR SEVERABILITY, SUBORDINATION AND AN
EFFECTIVE DATE. (MPC07-0002)
City of Denton City Council Minutes
February 5, 2008
Page 7
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered nominations/appointments to the City's Boards and
Commissions.
Mayor Pro Tem Kamp nominated Woodie Wilson to the Animal Shelter Advisory Committee.
On roll vote, Heggins "aye", Kamp "aye", Mulroy "aye", Thomson "aye", Watts "aye", and
Mayor McNeill "aye". Motion carried unanimously.
B. Citizen Reports
1. The Council reviewed procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth, speaking last, spoke on issues regarding black firefighters and people running for
office. He addressed the Consent Agenda items which he considered to be hidden items for
spending money. The removal of trees from his property was the beginning of his struggles with
the city. He felt that the tree ordinance was not for everyone -just for a special few.
City Manager Campbell announced that Fire Chief Chadwick and the City were able to change
some practices and policies according to current state law and the employment of the City's first
African American firefighter would begin on March 3, 2008.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth, speaking third, spoke on the removal of trees from her Grandfather's property.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth, speaking second, narrated the removal of trees from her Grandfather's property.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke first stating that they wanted Bobby Givens at the Martin Luther King, Jr.
Recreation Center and showed a video regarding the removal of trees from her Grandfather's
property.
E. Bob Clifton regarding legal matters.
Mr. Clifton continued his comments regarding the Figari contract with his lawsuit.
City of Denton City Council Minutes
February 5, 2008
Page 8
F. Craig Williams regarding flooding on Glen Garden due to new
development
Mr. Williams spoke on the development of Windsor Farms and how his property started flooding
after the development. He asked for help to get the area re-graded or burmed to assist with the
0o mg.
C. New Business and Announcements
Mayor McNeill asked for a follow up report on the issues raised by Mr. Williams. Deputy
Mayor Pro Tem Mulroy asked for the original plat documents and report on options with a time
ine on events.
Mayor Pro Tem Kamp extended an invitation to the Council to participate in the Council's clean
up day on March 1st at 9:30 to clean their adopt-a-spot.
D. City Manager's Report
City Manager Campbell did not have any items for Council.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 7:50 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 12, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Session on Tuesday, February 12, 2008 at 4:00 p.m. in the Council
Work Session Room.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT : None
1. The Council considered adoption of an ordinance ordering a special election to be held in
the City of Denton, Texas on May 10, 2008, to fill a vacancy in Place 2 for the unexpired term
ending in May, 2009, and if a runoff election is required, on June 14, 2008, for the purpose of
electing a councilmember to Place 2 of the City Council of the city of Denton, Texas;
designating a voting place; appointing election officials; providing for early voting; providing for
bilingual notice of the special election; ordering that an electronic voting system be used;
providing an open meetings clause; and providing an effective date.
Jennifer Walters, City Secretary, stated that this ordinance would formally call the special
election to fill the unexpired term of Mayor Pro Tem Kamp in District Two. Mayor Pro Tem
Kamp had filed for the at-large seat in Place 5.
The following ordinance was considered:
N0.2008-031
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY
OF DENTON, TEXAS ON MAY 10, 2008, TO FILL A VACANCY IN PLACE 2 FOR
THE UNEXPIRED TERM ENDING IN MAY, 2009, AND IF A RUNOFF ELECTION
IS REQUIRED, ON JUNE 14, 2008, FOR THE PURPOSE OF ELECTING A
COUNCILMEMBER TO PLACE 2 OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS; DESIGNATING A VOTING PLACE; APPOINTING ELECTION
OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL
NOTICE OF THE SPECIAL ELECTION; ORDERING THAT AN ELECTRONIC
VOTING SYSTEM BE USED; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor
McNeill "aye". Motion carried unanimously.
2. The Council held a discussion and gave staff direction with the Police Department staff
regarding but not limited to an update on the Public Safety Training Facility, department
functions, programs, and major accomplishments. The Council reserved the right to go in to
closed session to discuss and receive legal advice from the City Attorney regarding legal issues
related thereto under Texas Government Code Section 551.071.
City of Denton City Council Minutes
February 12, 2008
Page 2
Chief Minter stated that his staff would be reviewing technology project, community oriented
policing, crime awareness and reduction evaluation, and department improvements.
Captain Paul Abbott reviewed the property room improvements after an audit in June of 2004
identified concerns with physical security and property and personnel procedures. He stated that
surveillance cameras and an alarm system for intrusion and motion detection had been installed.
A commercial safe had been purchased for cash and jewelry and a FOB access and key control
system had also been installed. Procedures and personnel changes included procedures for cash
deposits, disposed and found property, disposal of narcotics and paraphernalia, revision of
evidence and property room general orders, extensive research on bar coding and quarterly audits
by the Bureau Commander and OPS. Personnel changes included the creation of a supervisor
position, an additional full time employee for the property room and annual drug screens for
technicians.
Captain Scott Langford reviewed patrol staffing and deployment, new police districts; field
based reporting and red light camera fund expenditures. Currently there were 69 officers
assigned to patrol with 9 sergeants. They operated on four 12-hour shifts with staggered start
times for the shifts. The average staffing was 15 officers. He reviewed the police districts and
the proposed expenditures for red light camera funds.
Captain Joannie Housewright reviewed the plans for the building expansion. Space would be
better utilized so that current operations that were not in the main police building would be moved and grouped better.
Chief Minter reviewed the technology projects which included field based reporting, property
room barcoding, Eticketing, Coplogic, Crime Web and Omega Dashboard. The Community
Oriented Policing and CARE projects were discussed as well as new reporting procedures.
Department goals included reducing crime, operating efficiently and effectively and to create and
maintain partnerships.
Council and Chief Minter discussed the fire arms training facility in terms of outdoor versus
indoor and range comparisons.
Discussion included:
• Would 10 lanes in a closed facility provide the training needed? Minter replied yes if the
current range remained open. There was a difference between being able to move around in
an open range as opposed to remaining stationary in a closed range with only the target
moving.
• The best choice was to somehow have an outdoor range.
• Noise was the primary issue associated with an outdoor range as opposed to stray bullets.
• With the unknown of the surrounding area, it might be better to have an indoor range.
• The issue was the training of the officers.
Consensus of the Council was to schedule a work session to discuss the options and give staff
direction at that time.
With no further business, the meeting was adjourned at 5:30 p.m.
City of Denton City Council Minutes
February 12, 2008
Page 3
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 18, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Session on Monday, February 18, 2008 at 11:00 a.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT : None
Council went into Closed Meeting at 11:02 a.m. to consider the following:
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071
Consultation with the City's attorneys regarding legal issues, including defense of pending and
potential litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along
with other legal
issues related to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation agreements, service plans,
utility service, and legal issues implicated by alternative proposals advanced by individuals
owning property within the proposed annexation area. A public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the
city's legal position in any administrative proceedings or potential litigation
Following the completion of the Closed Session at 11:27 a.m., Council convened in a Special
Called Meeting to consider the following:
1. Considered adoption of an ordinance of the city of Denton, Texas, annexing an
approximate 2,376 acre portion of approximately 5,800 acres of land contiguous and adjacent to
the city of Denton, Texas, located in the northeastern area of the City of Denton's
Extraterritorial Jurisdiction; generally located between the City's current northern city limits and
Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such
annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey,
Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract
Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859,
D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O'Leary
Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey,
Abstract Number 1240, W. Thompson Survey, Abstract Number 123 8, A. Patton Survey,
Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract
Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas. This is
the completion of the annexation of the remaining portion of the approximate 5800 acres lying
north of Shepard Road that was excluded from annexation ordinance No. 2005-379 due to a
court injunction enjoining the annexation of such property; approving a service plan for the
annexed property; providing a severability clause; and providing an effective date. (A05-0002)
City of Denton City Council Minutes
February 18, 2008
Page 2
City Attorney Snyder stated that in December of 2005, the city had started the annexation of
5800 acres. A lawsuit was filed to block the annexation of 2,376 acres of the original 5800 acres
which resulted in a court injunction prohibiting the annexation. Friday, the Texas Supreme
Court lifted that stay which now allowed the City to annex the property. The area for annexation
was contiguous between the northern portion of the annexation and the southern portion which
was already annexed.
The following ordinance was considered:
N0.2008-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN
APPROXIMATE 2,376 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON' S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE
CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS
ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD
ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAILER
SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER
247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S.
MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY,
ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P.
O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT
NUMBER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON
SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT
NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS
SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT
NUMBER 933, DENTON COUNTY, TEXAS. THIS IS THE COMPLETION OF THE
ANNEXATION OF THE REMAINING PORTION OF THE APPROXIMATE 5800
ACRES LYING NORTH OF SHEPARD ROAD THAT WAS EXCLUDED FROM
ANNEXATION ORDINANCE N0. 2005-379 DUE TO A COURT INJUNCTION
ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 11:32 a.m.
PERRY R. MCNEILL JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 19, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, February 19, 2008 at 5:00 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT : None
1. Staff responded to requests for clarification of agenda items listed on the agenda for
February 19, 2008.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Deliberation regarding personnel matters -Under Texas Government Code
Section 551.074.
1. Deliberated and discussed the evaluation, duties, discipline, procedures,
and contracts for the City Manager, City Attorney, Municipal Court Judge,
and City Auditor.
B. Deliberations regarding consultation with the City Attorney -Under Texas
Government Code Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Jostens, Inc. with
respect to development of a distribution center. This discussion shall
include commercial and financial information the City Council has
received from Jostens, Inc., which the City Council seeks to have locate,
stay, or expand in or near the territory of the City, and with which the City
Council is conducting economic development negotiations; including the
offer of financial or other incentives.
C. Consultation with Attorney -Under Texas Government Code Section 551.071;
and Deliberations regarding real property -Under Texas Government Code
Section 551.072.
1. Receipt of legal advice from the city's attorneys regarding the operation of
a police fire range; deliberation and discussion regarding the purchase and
value of real property located near the Public Safety Training Facility in
southwest Denton, for park and/or other municipal purposes, and the
receipt of legal advice related thereto.
City of Denton City Council Minutes
February 19, 2008
Page 2
D. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending and potential litigation filed by JNC Denton Partners,
LLC, associated with annexation of real property in the City's northern
ETJ, under Annexation Case No. A05-0002, along with other legal issues
related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utlllty service, and legal issues
implicated by alternative proposals advanced by individuals owning
property within the proposed annexation area. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas or would jeopardize the City's legal
position in any administrative proceedings or potential litigation.
Regular Meeting of the City of Denton City Council on Tuesday, February 19, 2008 at 6:30 p.m.
in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Presentation of Materials Management's 12th Annual Achievement of
Excellence in Procurement Award.
Bryan Langley, Director of Finance, presented the Materials Management 12th annual
Achievement of Excellence in Procurement Award.
Mayor McNeill presented a proclamation for Severe Weather Awareness Month.
Mayor McNeill stated that the Committee on Property Maintenance Issues was to be commended
for all of the work they were doing.
Mayor McNeill stated that Denton had received the Tree City USA award again this year.
Mayor McNeill announced that Item C on Items for Individual Consideration would be pulled
from consideration.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
City of Denton City Council Minutes
February 19, 2008
Page 3
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
A. Approved tax refunds for the following property taxes:
Name Reason Tax Amount Year
l . Denton PCRLtd/Lumacorp DCAD Supplemental Change 2005 $ 5,629.17
2. Columbia Medical Center of Denton DCAD Supplemental Change 2006 $ 3,258.02
3. Columbia Medical Center of Denton DCAD Supplemental Change 2005 $ 3,162.50
4. Columbia Medical Center of Denton DCAD Supplemental Change 2004 $ 3,110.50
5. Columbia Medical Center of Denton DCAD Supplemental Change 2003 $ 2,850.49 6. GE Capital Information Tech DCAD Supplemental Change 2002 $ 1,932.80
B. 2008-033 - An ordinance of the city of Denton, Texas, authorizing the
expenditure of funds to pay the Denton Central Appraisal District (DCAD) the
City of Denton's portion of the budget allocation in an amount not to exceed
$374,255.24; and providing an effective date.
C. 2008-034 - An ordinance of the City of Denton, Texas, amending the provisions
of Chapter 18 relating to motor vehicles and traffic by amending Section 18-141
to allow for the impoundment or immobilization of vehicles parked on public or
private property to which the public has access if the vehicles meet the criteria of
Section 18-140; providing for a severability clause; providing a savings clause;
providing for a penalty not to exceed $200 for violations of this ordinance; and
providing for an effective date.
D. 2008-03 5 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton
Water Treatment Plants; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3942-Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $1,069,200). The Public Utilities Board recommended
approval (5-0).
E. 2008-036 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Lower Colorado River
Authority for the acquisition of 69kV and 13 8kV circuit breakers for Denton
Municipal Electric by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 3623-Interlocal Agreement for the Purchase
of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power
Transmission and Distribution in the amount of $166,104). The Public Utilities
Board recommended approval (7-0).
F. 2008-037 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area
Council (H-GAC), Buy Board Cooperative Purchasing Network, Tarrant County,
and the Texas Multiple Award Schedule (TXMAS) program for the acquisition of
twenty-two vehicles and four heavy equipment items for the City of Denton
City of Denton City Council Minutes
February 19, 2008
Page 4
Utility Fund Departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3974-Interlocal Agreement for the
purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as
listed on Exhibit A in the amount of $1,359,545.02). The Public Utilities Board
recommended approval (5-0).
G. 2008-03 8 - An ordinance accepting competitive bids and awarding a public works
contract for roof work at nine city of Denton facilities; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3915-Roof
Work at Multiple Locations awarded to the lowest responsive bidder meeting
specification for each section for a total award amount of $424,715.)
H. 2008-03 9 - An ordinance of the City of Denton, Texas approving an Agreement
between the city of Denton and the North Texas Umpire Association;
determining a sole source and approving the expenditure of funds for the purchase
of certified softball officiating services available from only one source in
accordance with the provisions of the state law exempting such purchases from
the requirements of competitive bids; and providing an effective date (File 3967-
Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $65,000).
I. 2008-040 - An ordinance of the City of Denton, Texas accepting competitive
sealed proposals and awarding a contract for the purchase of an Outage
Management System for Denton Municipal Electric; authorizing the expenditure
of funds therefor; and providing an effective date (RFSP 3881-Outage
Management System for Denton Municipal Electric awarded to Milsoft Utility
Solutions). The Public Utilities Board recommended approval (7-0).
J. 2008-041 - An ordinance creating a Capital Improvements Advisory Committee
pursuant to Texas Local Government Code §395.058 as a requirement before
authorizing Impact Fees; appointing the Planning and Zoning Commission's
members as members of the Capital Improvements Advisory Committee;
providing for the appointment of one additional Ad Hoc Member to the Capital
Improvements Advisory Committee from the extraterritorial jurisdiction of the
City of Denton, Texas; providing for the adoption of procedural rules for the
Capital Improvements Advisory Committee to follow in performing its duties;
and providing for an effective date.
K. 2008-042 - An ordinance of the City Council of the City of Denton, Texas,
approving a grant application from DSC Development, L.P., from the Downtown
Incentive Reimbursement Grant Program not to exceed $25,000; and providing
for an effective date. The Economic Development Partnership Board
recommended approval (6-0).
L. 2008-043 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Parks Foundation to assist with preparation
for the 2008 Cinco de Mayo Celebration; providing for the expenditure of funds
therefor; and providing for an effective date. ($800)
City of Denton City Council Minutes
February 19, 2008
Page 5
M. 2008-044 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with
Hil1Co Partners for consulting services relating to legislative representation at the
Texas State government level and to assist the City in advancing its state
legislative program and interests with key legislators and policy administrators (in
an amount not-to-exceed $ 81,000); authorizing the expenditure of funds therefor;
and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 54.25 acres of land from Neighborhood Residential 2
(NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with
an overlay district. The subject property was located on the west side of Teasley Lane north of
Ryan Road. (Z07-0025, Denton West) The Planning and Zoning Commission recommended
approval (6-0).
Mark Cunningham, Director of Planning and Development, stated that this was a request for
rezoning to allow an increase in density and amount and types of permitted uses. The current use
was the Denton West Mobile Home Community. Currently there were 3 80 residences on the
property with 308 mobile home and the rest conventional residences. The requested zoning was
for NRMU with an overlay district that placed the restriction that no multifamily dwelling would
be built in the overlay district. Staff found the request to be consistent with the Denton
Development Plan and recommended approval. The Planning and Zoning Commission reviewed
the proposal and recommended approval with conditions that only 50 percent of the property
would be developed as commercial/retail and no multi-family would be built along Teasley
Lane.
The Mayor opened the public hearing.
Larry Reichhart, Spring Brook Planning Group, representing the property owner, spoke in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-045
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION WITH AN OVERLAY DISTRICT, COMPRISING 54.24 ACRES
OF LAND LOCATED AT THE NORTHWEST CORNER OF TEASLEY LANE AND
RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE. (Z07-0025)
City of Denton City Council Minutes
February 19, 2008
Page 6
Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote,
Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye",
and Mayor McNeill "aye". Motion carried unanimously.
Council Member Watts left the meeting with a conflict of interest for Items B and C
B. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 26.12 acres of land from a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU)
zoning district. The property was generally located on the south side of McKinney Street, east of Mack Park. (Z07-0018, Cypress Campus Apartments) The Planning and Zoning
Commission
recommended approval (6-0).
Mark Cunningham, Director of Planning and Development, presented the staff report for both
Items B and C. He indicated that Item B was a request to rezone the property from NRMU-12
to NRMU to increase the density and Item C was a request for a specific use permit to allow
multi-family development on the site. The current use of the property was vacant and
undeveloped. The Notification Map indicated that three responses were received, one in
opposition and two in favor. Staff found the request consistent with the Denton Development
Code and recommended approval. The Planning and Zoning Commission reviewed the proposal
and recommended approval with the following conditions: the density of the specific use permit
was not to exceed 14.13 units per acre, the development would conform to an attached site plan,
a traffic impact analysis was to be completed and accepted by the Engineering Department and
all engineering requirements for site development including drainage were satisfied.
The Mayor opened the public hearing for both Items B and C.
Larry Reichhart, Spring Brook Planning Group, representing the developer, spoke in favor of the
proposals.
The Mayor closed the public hearing.
City Attorney Snyder questioned that multi-family was allowed by right in NRMU-12.
Cunningham stated that it was allowed under one of three conditions, as part of a mixed use
development, as part of a master planned community or by specific use permit.
The following ordinance was considered:
N0.2008-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, COMPRISING 26.12 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF MCK.INNEY STREET AND MACK DRIVE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0018)
City of Denton City Council Minutes
February 19, 2008
Page 7
Montgomery motioned, Mulroy seconded to adopt the ordinance for Item B with the conditions
as noted by the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye and Mayor McNeill "aye". Motion carried
unanimous y.
C. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit to allow a multifamily development on approximately 26.12
acres of land. The property was generally located on the south side of McKinney Street, east of
Mack Park, and was within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning
district. (507-0010, Cypress Campus Apartments) The Planning and Zoning Commission
recommended approval with conditions (6-0).
The public hearing for this item was considered with Item B.
The following ordinance was considered:
N0.2008-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT ON
APPROXIMATELY 26.12 ACRES OF LAND, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF MCKINNEY STREET AND MACK DRIVE, AND IS LEGALLY DESCRIBED AS M.T. DOWNING, TRACTS 25 AND 26, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (507-0010)
Kamp motioned, Thomson seconded to adopt the ordinance for Item C with the conditions as
noted by the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
Council Member Watts returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas,
amending Chapter 18 of the Code of Ordinances by amending Section 18-73 to establish speed
zones on FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University Drive;
altering the prima facie speed limits established for vehicles under the provision of
Transportation Code, Section 545.356 upon these streets, within the incorporate limits of the city
of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone
and then the penalty shall not exceed $400.00; providing a severability clause; providing a
repealing clause; providing for publication; and declaring an effective date.
Frank Payne, City Engineer, presented the details of the proposed speed limits.
City of Denton City Council Minutes
February 19, 2008
Page 8
The following ordinance was considered:
N0.2008-048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES BY AMENDING SECTION 18-73 TO
ESTABLISH SPEED ZONES ON FM 1515/AIRPORT ROAD, FM 1830/COUNTRY
CLUB ROAD, AND US 3 80/UNIVERSITY DRIVE; ALTERING THE PRIMA FACIE
SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF
TRANSPORTATION CODE, SECTION 545.356 UPON THESE STREETS, WITHIN
THE INCORPORATE LIMITS OF THE CITY OF DENTON; PROVIDING A
PENALTY NOT TO EXCEED $200.00 UNLESS THE VIOLATION OCCURS IN A
WORK ZONE AND THEN THE PENALTY SHALL NOT EXCEED $400.00;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins
"aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and
Mayor McNeill "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance establishing an
Economic Development Program under Chapter 380 of the Local Government Code for making
grants of public money to promote economic development and to stimulate business activity in
the City of Denton; approving an Economic Development Program Grant Agreement with
Jostens, Inc. regarding the expansion of an approximate 13,000 square feet to the existing
building located at 3500 I-35E in the City of Denton, Texas; authorizing the expenditure of funds
therefor; and providing an effective date. The Economic Development Partnership Board
recommended approval (6-0).
Linda Ratliff, Director of Economic Development, stated that this was an economic development
grant with Jostens to expand their current facility. The grant was for annual payments equal to
75% of the increase in assessed valuation on the building and equipment for 7 years or a
minimum of $151,000, whichever came first.
The following ordinance was considered:
N0.2008-049
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
JOSTENS, INC. REGARDING THE EXPANSION OF AN APPROXIMATE 13,000
SQUARE FEET TO THE EXISTING BUILDING LOCATED AT 3500 I-35E IN THE
CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 19, 2008
Page 9
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
C. Item C was not considered.
D. New Business and Announcements
Council Member Montgomery asked for a work session regarding the landscape plan at the
landfill.
E. City Manager's Report
City Manager Campbell did not have a report for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Session.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 7:45 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
~~oR~Tr~~v x~~T
AGENDA DATE i March 4, ~~~8
DEPARTMENT: Legal Department
MIDMIA~M; Je~Ty E. Drape, .Tr., Deputy pity Attorney
U~~ET: OON~DER AN ORDINANCE OF THE IT'S COUNCIL OF THE CITY OF
~EN'FON, TEXAS AUTHOl~ING~ THE CITY' MANAGES TO EC~TTE ~ THIRD
AMENDED CONTRACT FOR PR.OFEIONAL LEGAL ERIE KITH K~LEY~
I~ELEY, OLL~TER HI~EY FOR PROFEIONAL LEGAL ER~IOE~ RELATING
TO LITIGATION STYLED ~2T ~ ~.~C'H~4II~1T PT'.D~~U C'~.,
CAUSE NO.2aa-4~ I ~9-~G2, CURRENTLY PENDING IN THE 3 D~TRICT COURT
OF DENTON COUNTY, TEXAS; AUTHORI~nvG THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTS DATE.
ACR~[~ND: Kelsey, Re~sey, Colliter Hickey has been . ro~idin auttandin le a~ P
services to the pity of Denton on this litigation since ~a~e~er, it has became necessary to
once again amend the ~antract for Professional Legal Serves to retain I~else , Ke1se , ollxstr y y
& Hickey as counsel far the xty in this case, a expenditures have exceeded preliminary
estimates.
FI.L INFI~RIVIAT~~~: provide in attorney con~n~.unieatians. .
~~es~ectfully sub~.itted,
µ F........
_
erry,~Dral~e, Jr.
Deputy City Attorn
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f
s:Vour dacuments~miscallaneaus~A8lageada ~fiormatian sheet-reichm~.dac
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' .s.. ~~~•Y._ a w~'c..: ...~..M.._a....-~,....41Y~y21.~`7~4~'~''~i~..}~~aS:~Y.'~v'0'r:'.:. `.:'.v f _ ~T.l r r-: . , .yam ~
- i! .
ORDNANCE NO.
CONFIDE AN ORDINANCE 0~ THE C1T~ COL~NC~L OF THE CITE OF DENTON,
TEA A~THORI~~NC THE CITY ANACER TO EEt~'TE A THUD AEND~D~
CON'~R.ACT FOR FROFEIONAL LEGAL SERVICES NTH KELSEY, ~.ELEY,
COLLITER HICKEY FOR PROFESSIONAL LExAL ER~ICES RELATING TO
LITIiATION STALED CITY D~T~'0 Y II~.AV ~~~~O~~~l CARP., CASE
NO. 20o~-4a f ~9-3 CURR.ENTLY" FENDING ~N THE 2r~n DITRIC~' COURT OF
DENTON COUNT, TEA.; AUTHORI~IN~ THE EENDITC~RE OF FUNDS
' THEREFOR; AND PRO~IDINO AN E~~ECTE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in tha public interest
to engage Kelsey, Kelsey, Callister Hickey to provide prafessianal legal services relating to liti at~an s led o .D~~o~ v. ~~~ch~nan~t Pe~ro~~~~ Carp., in the
3~2~a District Court,
~ ~ ~ Denton County, Texas, Cause No, ~U~-401G9-~2; and
~IEREAS, City staff has reported to the City Council that there is a substantial ~ need for
the h~reinabove described professional services, and that limited City staff cannot adequately
erfarm the legal services Frith its vv~n personnel; and
p }
WHEREAS Cho ter 254 of the Texas o~ernn~ent ode,lcnawn as the "Professional p
Services Procurement Act," generally provides that a city naay not select a provider of
professional services on the basis of competitive hick, but must select the provider of
rofesianal services o~ the basis of demonstrated competence, knowledge, and quali~catio~s, p
and far a f.r and reasonable price; and the Ctty Council hereby finds and concludes that the lam
firm of Kelsey, Kelsey, Callister Hickey is appropriately qualified under the pro~.s~vns of the .
lam ta~ be retained as outside legal counsel for the City; and
WHEREAS, the City Cauncll has prav~ded in the Crty budget far the appropriation of
funds to be used far the procurement of the foregoing professional legal services, as set forth in
the Third Amended Contract for Professional Legal Services; NOS, THEREFORE,
THE COUNC~ OF THE CITE OF DENTON HERE~~Y ORDAINS
~TION 1: The recitations in the preamble are true and correct and are incorporated
herewith as part ofthis ordinance:
SECTION The Cxty I~Ianager is hereb~r authari~ed to execute a Third Amended
Contract for Professional Legal Services v~ith Kelsey, Kelsey, Collister Hicl~ey far
professional legal services relating to litigation styled C~~y of en~an v. ~e~c~ia~~ ~~~r~~u~n
'orp., in the 3~~~~ Dista~ct Couxt, Denton County, Texas, Cause No. 20~-4a 1 ~~w3 b in
subt~.nt~ally the form attached hereto and incorporated herein by reference.
SE.CTYON 3: The award of this agreement is on the basis of the demonstrated
cornp~tence ar~d quali~icatians of Kelsey, Kelsey, allister Hicl~ey and the ability of Kelsey,
Kelsey, ollis~er I~i~1~~y ~a prfarn~ the prol"ssianal legal services needed by ~h~ qty fox a
fair ~.nd reasonable pxice~
~ N 4; Tie e~ endive of funds a rovied in ~h~ aaehed Third Amended E~~ p ~
on~raet far Profeional I1eal ~ervices i hereby au~hari~ed. ~ .
T~ ~ 5. T`~s ordinance shall becarrie effect~~ve~ i~n~ediately upon its passage and SEA ~
approval.
PACED AND APPR.~ED this the ~ day of _ , ~0~8.
PARRY R, cNEIL~, NiAY~R
~ f
NNI~`ER AL'P~R, CITY ERE~'A~Y
B~;
AI'P~ED A 'T~ SAL F~R1VI;
~D~ ll~. NYDER ~~'Y A'~T~N~~Y . -
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•..i G_ 'i'.{Ii0111`3f-i'{•=:._',_.?i..•_~S'.•5:n=._k.~~,.L aGw~i.' f.Lti',i ::.''in1' {~Y'Id➢iilWRhw
KELSEY KELSEY ~OLLISTER ~ HICKEY ~ ~
ATTORNEYS & COUNSELORS
RICHARD H. KELSEY
Board Certified, TEXAS BOARD QF LEGAL SPECIALIZATION Commercial, Residential, and Farm and Ranch Real Estate Law
Estate Planning and Probate Law
JOHN E. KELSEY Certified Ad Litem, STATE BAR OF TEXAS
Probate Matters
LAWRENCE C. COLLISTER
Board Certified, TEXAS BOARD OF LEGAL SPECIALIZATION
Commercial and Residential Real Estate Law
SCOTT W. HICKEY
Board Certified, TEXAS BOARD OF LEGAL SPECIALIZATION
Oil, Gas and Mineral Law
February 26, 200$
Stephanie Clemmons, ACP VIA E-MAIL Stephanie.Clemmons a~cityofdenton,com
Legal Administrator AND FIRST CLASS MAIL}
Denton City Attorney's Office
215 East McKinney
Denton, Texas 76201
Re: City of Denton v, Reichmann
Dear Ms, Clemmons:
Enclosed please find the THIRD AMENDED CONTRACT FOR PROFESSIONAL LEGAL
SERVICES which has been signed by Mr. Kelsey. Please forward a fully executed copy of the
same to this off ce after countersignature.
Thank you for your time and attention in this matter. Please feel free to call or contact
this office should you have any questions.
Sincerely,
Angela Juarez,
Paralegal
SWHlamj
Enclosure: as noted
Mailing: P.O. Bax 918, Denton, Texas 7G202-0918
Physical: 2225 E, McKinney St., Denton, Texas 7b209
X940) 387-9551 Metro X940} 243-2888 Facsimile (940) 387-9553
www.dentontexaslawyers.cam
THIRD AN~ENDED
CC~NTRA~T FDR PRaFESSI4NA~ ~~GA~ ~~R~ICES .
STATE OF TEAS ~
COIJNT'~ OF DENTUN §
. ~ This Thud Amended Contract for Professional Legal Services, made and entered into this
the da of ~ 2UOS by and between Kelsey, Kelsey, C~ollistcr & Hickey, Y . _ ~ ~i ' and the Ci
2225 East McK~ney, Denton, Texas 7~2Q9, hereinafter referred to as Cansultan~ , tY
of Denton, a Texas municipal corporation, 215 Fast McKinney, Denton, Texas ~ 7fi201,
hereinafter referred to as "City".
wITNESSETH .
. AS due to unantici ated Bela s and expenses, associated with the stay of wHF.~E p Y
li~ga~on proceedings by the bankruptcy action currently ~ pending in the Ba~nkxuptcy Court far
the Eastern District of Texas, Corpus Christi Division, which further necessitated a subcontract
with local bankruptcy counsel, the previous estimate of litigation expense will soon be exceeded.
It is therefore necessary to amend the Contract for Professional Legal Services regarding pending
liti anon s led Ci a Den~an v. Relchmann Petroleum harp., in the 3~2~a District Court, g t'y ~ f
Dentai~ County, Texas, Cause Na. 2~OO-401G9-3b2; and
WHEREAS, Consultant is willing to perform such services in a professional manner as .
an ~ndeppendent cantracactor; and
WHEREAS, City desires to engage Consultant to render the prcfessianal services in
connection therewith, and Consultant is willing to provide such services;
NOS, THEREFORE, in consideration of the promises and mutual obligations herein, the
parties hereto do hereby mutually AGREE as follows:
1. SCOPE OF SERVICES
Cor~ssultant shall erform the following services in a professional manner working as an .
P independent contractor not under the direct supervision and control of City:
Services to be provided: ~ .
1. Consultant shad. evaluate the relevant facts and circumstances and shah advise City, by
written opinion, with respect to its options and the legality of such options, regarding
researching and responding to requests for legal services.
r
2. Consultant shall also consult, as requested, with the City Manager, the City Attorney, and
any other designated City staff respecting any and all aspects of the services to be
performed under this Agreement.
• 3. Consultant shall perform. all the professional services required in a timely fashion, and • shall complete same in compliance with schedules established by City through
its City
Attorney, through discussions with Consultant, as appropriate to carry out the terms and
conditions of this Agreement.
4. 'Consultant shall, as directed by the City through its Cifiy Attorney, appear on behalf of
..City and represent the City as trial counsel in the aforementioned civil action. •
2. TEAM
This Agreement shall be for a term of 3~ months, beginning effective March l5, 2007 • and ending on March 15, 2014. This Agreement may be sooner terminated in accordance with
the provisions hereof. Time is of the essence of this Agreement, and Consultant shall make all
reasonable efforts to complete the services set forth herein as expeditiously as passible during the •
term of this Agreement, and to meet the schedules established by City, through its City Attorney,
or as tie progress of this matter naay require.
• 3. CCMPENSATI~N~ AND METH~U QF PAYMENT
A. Consultant ~ charge the following fees for its professional services hereunder, based an
the following fees far its professional services hereunder, based on the fallowing hourly
billin rates for the attorneys and support staff involved in this matter: . . g
Principal Attorney $24Ulhour .
Local Bankruptcy Counsel $2251hour .
• Paralegals $75lhour
• Tune will be billed at one tenth ~.l} hour minimum billing increments. Additionally,
Consultant is authorized to subcontract legat services to a qualified bankruptcy attorney, as •
local counsel, under the terms set forth in this Agreement.
E. Consultant will try to reduce casts whenever feasible by utilizing qualified principals, associates, aralegals, and law clerks. Consultant shall bill City through
the submission of •
.p itemized invoices, statements, and Qther documentation, together with supporting data
indicatin the ro ess of the work and the services performed on the basis of monthly g P ~
statements showing hourly rates indicating who performed the work, what type of work was
done, and descriptions andlor details of all services rendered, along with specific .description
acid supporting documentation, if available, respecting any reasonable and necessary out-af~
pocket expenses incurred.
C. City shall either pay directly or reimburse Consultant, as the case maybe, for reasonable and necessary actual out-of-pocket expenses, including but not limited ta,
Iong-distance
. Third ~me~nded Contract For Professional Legal Services--Page ~
r • NN .
tel hone, telecopier, reproduction, overnight courier, on-line research, and travel. All eP .
copies will be charged at the rate of ten cents ~$0.10~ per copy for copses made within
Consultant's o~ces, with as much photocopying as possible being done by outside vendors
at bulk rates or by the city to reduce costs if bulk copying is necessary. The parties agree that
there will be no charges for autgo~ng telecopies or incoming telecopies. Whenever feasible, City encourages cost savings by the use of computer hies in Microsoft word
or Adobe
Acrobat formats, attached to a-mail transmissions. .
D. The parties anticipate Invoices or statements for services will be generated on a monthly
basis and that said invoices or statements will be sent on or about the f5t day of each month.
Ci shall make a ent to Consultant within 30 days of the satisfactory completion of ty, p ~ ~ .
services and receipt of an itemized invoice or statement. All reimbursable expenses,
includin but not necessarily limited. to travel, lodging, and meals shall be paid at the ac~ual g~
cos ursuant to the terms, condi~.ons, and limitations hereinabove set forth. All invoices ~P .
and bills shall be approved for payment by the City Attorney or 17eputy City Attorney.
F. It is understood that Consul#ant sha11 work with the coordina~.on and general supervision of
the City Attorney or the Deputy City Attorney.
F. All notices, billing statements and invoices sha11 be made in writing and maybe given by
ersonal delivery ar by mail. No~%ces. and invoices sent by mail shall be~ addressed to: Jerry p.
Drake, Jr., Dep~.ty City Attorney, ~ 15 East McKinney, Denton, Texas 7201. when so
addressed the notice invoice, andlor payment shall be deemed given upon deposit in the f
United States Mail, postage prepaid. In all other instances, notices, invoices, and~or
a eats shall be deemed given at the dine of actual delivery. Changes may be made m the p Ym
names and addresses of the responsible person or office to whom notices, invoices, andlor payments are to be sent, provided reasonable written notice is given.
4. PROFESSIONAL COMPETENCY
A. Consultant a ees that in the performance of these professional services, Consultant shall be
res onsible for the level of competency and shall use the same degree of skill and care p
presently maintained by other practicing professionals performing the same or similar types
of work. For the purpose of this Agreement, the key persons who wi11 be performing most of
the work hereunder shall be Richard H. Kelsey. However, nothing herein shall limit
Consultant from using other qualified and competent members of its firm to perform the services re uired herein. However, nothing herein shall limit Consultant from using
other
q ualified and competent members of its f rna or firms serving as local counsel to perform the q
services required herein.
B. All legal opinions and other legal documents prepared or obtained under the terms of thus
Agreement acre instruments of service and City shall retain ownership and a property interest
therein. If this Agreement is terminated at any tune far any reason prior to payment to
Consultant for work under this Agreement, all such documents prepared or obtained under
the terms of the Agreement shall upon termination be delivered to and became the property
'Thad=Amended Contact For Prafess~onal Legal Services -Page 3 .
. _ ~ y.
of ,City upon request and without restric~on on their use or further compensation to
Consultant.
5. ESTABLISHMENT AND MAINTENANCE OF RECORDS
Full anal accurate records shall be maintained by Consultant at its place of business with
respect to all matters covered by this Agreement. Such records shall be maintained for a period
of at bast three years a#~er receipt of hnal payment under this Agreement.
6. AUDITS AND INSPECTION
. The City shall have the right to audit and make copies of the books, records and
computations. pertaining to this agreement. The Contractor shall retain such books, records,
dacurnents and other evidence pertaining to this agreement during the contract period and eve
years :thereafter, except if an audit is in progress or audit findings are yet unresolved, in which
case records shall be kept until all audit tasks are conaplet~ and resolved. These books,
records, documents and other evidence shall be available, within to business days of written
request. Further, the Contractor shall also require all Subcontractors, material suppliers, and . other :payees to, retain all books, records, documents and Qther evidence
pertaining to this
agreement, and to allow the City similar access to those documents. All books and retards
will be made available within a SQ mile radius of the City of .Denton. The cost of the audit
will be borne by the City unless the audit reveals an ove~aayn~ent of 1 % or greater. If an
overpayment of ~ ~ or greater occurs, the reasonable cost ~f the audit, including any travel
costs, must be borne by the Company which must be payable within five business days of
receipt of an invoice.
Failure tQ coruply with the provisions of this section shall be a material breach of this
contract and sha11 constitute, in the City's sole discretion, grounds for termination thereof.
Each ~af the terYns "books", records", ~documents~ and "other evidence", as used above, shall
be construed to include drafts and electronic files, even if such drafts yr electronic files are
subsequently used to generate or prepare a ~ printed document.
7. ACCOMPLISHMENT OF .PROJECT
Consultant shall commence, carry an, and complete any and all projects with all
pxacti~able dispatch, in a sound, economical and ef~ic%ent manner, and, in accordance with the
provisions hereof and alI applicable laws. In accomplishing the projects, Consultant shall take
such steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by City.
8. IlvDEMNiTY AND INDEPENDENT GONTRAGTOR RELATIONSHIP
A. Consultant shall perform all services as an independent contractor not under the direct shpervisivn and control of City. Nothing herein shall be construed as creating
a relationship
of employer and employee between the parties. City and Consultant agree to cooperate in the
Third ~n~ended Contract For Professional Legal Services Page 4
defense of any claims; actions, suits, or proceedings of any kind brought by a ,third pY
. ~ which may result ftotn or directly or indirectly arise from any negligence andlar errors flr
aniissians on the part of Consultant, or firona any breach of Consultant's obligati.ans under this
Agreement. Yn the event any litigation or claim is brought under this Agreement in which City is joined as a part, ~Cansultant shall provide suitable counsel to defend
City and
.Consultant against such claim; provided however, that Consultant shall have the right to
proceed with competent counsel of its awn choosing. Consultant agrees ~ to defend,
indenuufy and hall harmless City and all of its officers, attorneys, agents, servants, and
. en~playees against any and all such claims to the extent of coverage by Consultant's
professionaal. liability policy. Consultant agrees tv pay all expenses, including but not limited
to ~ attorney's fees, and safisfy all judgments that m.ay be incurred ar rendered against
Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of
any rights or remedies City may have to pursue under either law or equity, including, without
limitation, a cause of scion far specific perfprmanee ar for damages, a loss to City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all
such rights and .
remedies are expressly reserved.
Consultant shall maintain and shall cause to be in force at all times during the term of this
Agreement, a legally bincling policy of professional lability insurance, issued by an
insurance carrier approved to do business in the State of Texas ~y the State Insurance
Commission, which carrier must be rated by Best Rated Carriers, with a rating of "A-" or
higher. Such coverage shall cover any claim hereunder occasioned by Consultant's negligent
professional act andlor error or omission, in an amount not less than $50~,~~1 combined
single limit coverage occurrence. In the event of change or cancellafian of the policy by the
ve 1 ad ' ~ ! insurer, Consultant hereby co Hants to irnmedlate y vise City thereof, and ~n such event, ~ Consultant shall, prior to the effective
date of change ar cancellation, serve a substitute
policy furnishing the same coverage to City. Consultant shall provide a copy of such policy
aril the declarations page of the existing policy to City through its City Attorney,
simultaneously with the execution of this Agreement.
. TERMINATIQN AGREEMENT
A. In: connection. with the work outlined in this Agreement, it is agreed and fully understood by
Consultant that City may cancel or indefinYtely suspend further work hereunder or terminate
this Agreement at any time upon written notice to Consultant, Consultant shall cease a1I work and labor being performed under this Agreement. Consultant may terminate this Agreement
by giving City G~ days written notice that Consultant is no longer in a position to continue
representing City. Consultant shall Invoice City for all work satisfactorily completed and
shall be compensated in accordance with the terms of this Agreement. All reports and other .
documents, or data, or work related to the project shall become the property of City upon
termination of this Agreement.
B. This Agreement may be terminated in whale ar in part, in writing, by either party in the event
of substanfial failure by the other party to Fulfill its obligations under this Agreement through no fault of the terminafing party. Provided, however, that no such
termination may be
effected, unless the other party is given [ 1 ] written notice delivered by certified mail, return
Third Amended Cor~ract ~'or Professional ~,egal Scrri~es - Page S
. ~ s ~ ~ a
we V4 ^vvV tv - ~Ww v%D%,r14 1 `OW%w V1r4 W V- .r „I lqw - 1A 14"W ^1"wr TIMPM 0
receip# requested) of intent to terminate, and not Tess than 3~0 calendar days to cure the
failure; and [Z~] an opportunity for consultation with the terminating party prior to
term;ina~on.
C. Nothing contained herein ar elsewhere in this Agreement shall require City to pay for any
work which is unsatisfactory ar which is not submitted in compliance with the terms of this
Agreement.
10. ALTERNATE DISFUTE R.ESGL~TIGN
Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes
regarding the Agreement through the use of mediation ar other forms of alternate dispute
resolu~~an set forth in Chapter 1 ~4 of the Texas Civil Practice and Remedies Cade,
1 1. ENTIRE AGREEMENT
. ~ This Agreement represents the entire agreement and understanding between the parties,
and any negotiations, praposals~, or oral agreements are intended to be :integrated herein and to be
superseded by this written Agreexraaent. Any supplement or amendment to this Agreement to be ,
effective shall be in writing and signed by City and Consultant.
12, CCMFLL4NCE wITH LAWS
Consultant shall comply with all federal, state, and local laws, rues, regulations, and ordinances applicable to the work covered hereunder as they ~ may now read
ar hereafter be
amended, including but not limited to~ the Texas Disciplinary Rules of F~rafessianal Conduct..
13. GOVERNING LAw
For the purpose of determining place of agreement and law governing same, this
Agreement is entered into, in the City and County of Denton, State of Texas, and shall be
governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of aeon
arising under or in connection with this Agreement shall be exclusively in a court of competent
jurisdiction sitting in Denton CQUnty. ~ ~ ~ .
14. DISCRIMINATION FROHIBTTED
In performing the services required hereunder, Consultant shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, ar physical
handicap
15. PERSGNNEL
A. Consultant represents that it has ar will secure at its own expense alI personnel required to perform all the services required under this Agreement. Such personnel
shall not be
employees or have any cantxactual relations with City. Consultant shall inform City of any
Third A1n~aded Contract Far prafessiona~ Legat Services--Page 6
conflict of interest or potential conflict of interest that may arise during the teen of this
Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary
Rules of ~Frofessional Conduct,
. B. A~1 services required hereunder will be performed by Consulta~at or under its direct
supervision. All personnel engaged in work shall be qualified and shall be authorized or
permitted under state and local laws to perform such services.
l6. ASSIGNABILITY
Consultant shall not assign any ianterest in this Agreement and shall not transfer any
interest ~ this Agreement whether by assignment, novation, or otherwise} without the prior
written consent of City thereto.
l7, SE'V'ERABIL,I'I"Y
. All agreements and covenants contained herein are severable, and in the event any of
them,' with the exception of those contained in sections headed "Scope of Sorvices",
"Independent Contractor Relatxons~.p," and "Compensation and Method of Payment" hereof .
shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be
interpreted as though such invalid agreements or covenants were not contained herein.
1 S. RESPONSIBILITIES FOR CLAIMS AND LIABILITY ~ .
Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of its work; nor shall such approval
be
deemed to be an assumption of such responsibility of City for any defect in any report or other
documents prepared by Consultant, its employees, ofEcers, agents and consultants.
l9. MODIFICATION OF AGREEMENT
No waiver or modifcation of this Agreement or of any covenant, condition, or limitation
herein contained sh~l1 be valid unless in writing and duly executed by the party. to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in and proceeding arising between the parties hereto out of or affecting this Agreement, o~ the rights or obligations of the parties hereunder, unless such waiver or madihca#ion
is in' writing,
duly executed as aforesaid; and, the parties further agree that the provisions of this section will
not be waived as herein set forth.
20. CAPTIGNS
The captions of this Agreement are far informational purposes only and shall not in any
way affect the substantive terms or conditions of this Agreement.
Third~~mended Contract Far Professional Legal Services--Page 7
' ' " `'c.: ~ + ' 'tires ' +'.:s "a:, ~ i%olnW~i' "ti7i„a ~ ,;~L'd ~ a1(
i
2I. En~DING EFFECT
This Agreement shall be binding upon and inure to the benefit of the arkies hereto and
~ their i"espectxve heirs, executors, adnun~strators, legal representatives, successors, and assi s
where permitted by this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas, has caused this Thud Amended
Contract for Professional Legal Services to be executed by its duly authorized City Manager, and
Consultant has executed this Agreement through its duty authorized undersigned parkner, dated
this the ~ day of , 2008.
CITY OF DENTON~
BY:
GEORGE C. CAMPBELL,
CITY MANAGER
ATTEST: ~ . JENN~F'ER wALTERS, CITY SECRETARY ~ .
B'S~:
APPROVED AS TO LEGAL FARM: ~ .
EDw'IN M. SNYDER., CITY ATTORNEY .
_
. KELSEY, KELSEY, COLLLSTER &
,r: HICKEY
~ti4
. _ ~ t
RICHARD H. L b. ~
s:laar dflc~tnaatsbpmracts1~81ke1~eyrcichm~nn third ~.dac
Third Am~cnded Contract For Professional Legal Services Page 8 .
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT - SI07-0003 (Pearl Street Name Change)
Hold a public hearing and consider adoption of an ordinance regarding changing the street name
of Pearl Street to McKinney Street between Bolivar Street and Carroll Boulevard. The Historic
Landmark Commission recommends approval (7-0). The Traffic Safety Commission
recommends approval (7-0). The Planning and Zoning Commission recommends approval (6-0).
BACKGROUND
Applicant: City of Denton Denton, TX
The street name change request was initiated by Northstar Bank of Texas located at the northeast
corner of Carroll Boulevard and Pearl Street. The request was made as a result of the confusion and frustration expressed by Bank patrons. The City had reviewed this and other
street name
changes elsewhere in the city and determined that because the street is within the City rights-of
way, the City would be responsible for the street name change.
According to a bank representative, the reason for the request is to improve direction to City
Hall, Civic Center, Main Post Office and other locations along McKinney Street from Carroll
Boulevard. As motorists not familiar with the area travel northbound and southbound on Carroll
Boulevard looking for McKinney Street, they find themselves lost since McKinney does not
extend all the way to Carroll Boulevard. At the same time, as motorist travel westbound on
McKinney Street toward Carroll Boulevard they become confused when McKinney Street
automatically becomes Pearl Street after passing Bolivar Street despite not turning left or right.
The objective of the proposed name change is to eliminate this confusion. Pearl Street on the
west side of Carroll Boulevard will remain, primarily because traffic from McKinney ends at
Carroll Boulevard and motorists must turn right onto Carroll Boulevard.
On December 10, 2007, a letter was sent to all affected property owners in the proposed area. As
of this writing, staff has received three responses, all three responses are in favor of the proposed
name change.
On January 3, 2008, a memorandum was sent to the following departments; Fire, Police,
Downtown Main Street, Solid Waste, Streets, Traffic, and Denton Municipal Electric to solicit
potential issues regarding the proposed street name change. As of this writing, staff has not
received any negative response to the name change.
On January 14, 2008, the Historic Landmark Commission considered the proposed name change
and found no historic significance for Pearl Street and recommended approval. On February 4,
2008, the Traffic Safety Commission considered the proposed name change and recommended
approval. On February 6, 2008, the Planning and Zoning Commission considered the proposed
name change and also recommended approval.
Public notification information is provided in Exhibit 2. As of this writing, staff has received
four responses from property owners within 200 feet of the subject property. All four property
owners are in favor of the proposed name change.
PRIOR ACTION/REVIEW
January 14, 2008 Historic Landmark Commission
February 4, 2008 Traffic Safety Commission
February 6, 2008 Planning and Zoning Commission
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
FISCAL INFORMATION
The cost to the City of Denton to change the street name is approximately $300. The cost will involve the removal of the existing Pearl Street signs and installation
of the new McKinney
Street signs by the Traffic Operations Department.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the street name change (6-0).
EXHIBITS
1. Location Map
2. Notification Information
3. Responses to Public Hearing Notice
4. Historic Landmark Commission Minutes -January 14, 2008
5. Traffic Safety Commission Minutes -February 4, 2008
6. Planning and Zoning Commission Minutes -February 6, 2008
7. Ordinance
Prepared by: Respectfully submitted:
Ron Men uita Mark Cunningham, AICP g Director of Plannin and Develo ment
Planner III g p
EXHIBIT 1
LOCATION MAP
r A Y ~ ~ L G
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i pppl ~k ~ ~ _ 3 S. i1. S £ ~ i
4 t_ - 5 - I _ t...
- _ f ` t
~ '
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'
I ~ 222 1 i {i ♦N.~r } i - t.i a .
2 ~ Subject Area f ~
g ~
~ - _ . ~ _~.x_ J _ _ PEARL _ _ _
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_ - -
~
- - - V i - - - - e . - _ _ -f . _ I:{'- _ - ~ ~ r ;mss` _
i- a .y ~ ~1 a ~ ~ `i4 - y _ 3'2 ;
~ _ s f . .
to _ ~ ~ - m s ~ ti
ti~ a r :e ~ ~ . t~ e - ~ _ ~ ~~-..mss
7 n, _ _ n
j~ ,r.,. ,rte < -~+~£.a ~ ems. i - - -
~ ~ - OAKS - - ~ ._.-k _ _ - - ~ _ -
x"~` Y'1 _u ~ 4 ~-a ¢ ~m ~itiy dP ~ F: . ~i
Location Nfap
Feet G 5G 1GG 2GG
1 -
EXHIBIT 2
NOTIFICATION INFORMATION
t 2 U! 3 ~ J t ~
Z 1 s T i ~ ~ 9 ~ ~ i i :0 } i < } t^! ~ 7 ~ ~ ss r~~~ f ~jji C f
CQNGRESS - - - - - - - - - - - -
- ~ _ • - t ~ 1 BOO FOOTBUFFER ~ f ~
f +y` ~ y---®~i 1 { i \ ~t } ' i 5 F t i 2 i ; z...
i # i t 2 ` - f • { ~ - _ ~ f
PARKWAY - i ~ Ff: ~itit,..~--:._~,,:``
f i ~ t y _ . - - - . . s i s s ; O s- d { s s:
t ~ z - - } f
- - f- t - , ~ - = _ _ ~
PEARL _ ~ ~-e _ ~ _ - x ~ s - ~ PEARL - - - _ ~ ~ ~ 1 ' . ~ ~ • -
Q ~ ~ ~ ~ f 5 L 4 - - -
~ F z MCKINNEY-
i~~~ - ~ i i i - - 4 t - ix r
~ . - a - - PECAN ~ - - -
~ _ ..204 FOOT-BUFFER : ; : . ~ jS{f J
- - - - - -~-'-----oAK . .
7 } t
z ~ ~ t ~ , t i ~ 4 Icy ~ ~ 'Q,, s E , . i
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~ ~ - - - s s - - - WALNUT - -
.r } 3 ~ ~ - < s i £ i c F j
x ~ ` { s' ~ i
Public Notification Date: 1 /24/08
200' Legal Notices* sent via Certified Mail: 17 Notification information
500' Courtesy Notices sent via Regular Mail: b0
Number of responses to 200' Legal Notice ■ In Opposition: 0 FP:,
■ In Favor: 2~
■ Neutral: 0
Percent of land within 200' in opposition: Less than 20
EXHIBIT 3
SI07-0003, Pearl Street Name Change
Responses to Public Hearing Notice
The Planning and Zoning Comrniian of the City of Denton cif f hold a public hearing on edneda ,
y February G, 2D08, and consider n~a~cing a recom~nendatiorr to the City Council regarding chan in the
9g street name of Pearl Street to f~IIcl~Cinney Street laetu~reen Bolivar Street and arr~fl Ioufevard.
The public hearing vwr~li start at G:a p.m. in the City Council Chambers of City Hall located at
~Ilc~Cinney Street, Denton, Texas. Because you own properly wilf~ir~ two l~ur~dreal ~2~DJ1 feed of the
~ / i F u~}BCC' proparfyr ~~~1~1~1~7~ a~~ ~OI~Il7~ Cots~o~ W~u/~ l~~[~ ~~c~!" ~~w you ~~~~1~ Ihl
requel ar~d rt~vi~e you to ef~er~d the public bearing. Please, in order for your opinion to be taken into
account, return this form v~rith your comments prior to the date of tl~e public hearing. ~ ~fris ire r~o way
prol~ibils you from ai~errd~r~g arrd parficipa~ir~g irr fha pub~r'c hearing.} You nay fax it to the number
, located at the bottom ar _m~il i~ to the addre belov~ ar drop it off in-person:
~lannln~ and Developrnent department
~2~ N. Elm ST
Denton Texas 7"01
Attu; Ron I~engu~ta, Pra~ect I~anaer
These forms are used to calculate the percentage of landvv~ners that support and oppose the
request. the Commission is inf~rrned of tl~e percent of responses in support and in opposition.
Please cir~~e one:
n favor of request fVeutra~ to request apposed to request
Reasons for - . .
'r P~ ~ ~
r
T ~ ~ ~ ~
~ - ~ - ~ ~ c~u ~ ~
Si na#ure: ~
l~r~nted Name. ~ ~ ~ stude~
flailing Address: ~ Carroll Blvd
City, State Zip: Den~an Thu?~~4~
Tefe hone fVunrher:
p
Physical Address of Property within ~aa feet: 4a0 ~ ~arrall Byrd
~~lTY ~~T~~~ ~~~C~4 iTY v~~r • Q~r~-r~~, fi~x~ ~~~ofi • o.~.s~ * F moo. ~ ~ ~.~~~7
~ ~
i
-
`~h Planning aid ~pn~ng ~m~~on ~f e ~ o~ De~t~n hid ~ p~~ ~eann~ V~edneday,
~ebr~a~y G, and on~de~ mai~g ~ ~e~omnrendatidn ~h~ ~ mil ~ changing the
meet name o~ ~ea~! Meet N~nr~ Meet men vl~v~ Beet and 8au~e~e~d.
~'he p~hii~ hea~ng ~I stmt at p.~. in the ~ n~i~ Cha~~e afi ~aN ~ca#ed ,
l~cl~nn~y greet, non, ~ ~'exas. cue ~ A~~ ~rh~ ~ hu~dre~ ~ee~ ~
t~b~~c~ #er~Y, a and ~a~i,~ ~rni wed ~o hear hew ~ee~ ado ~ht
■;1t/■ /l ` 1=/+e{iJ{ /JJ~Y ■}J.'~J~. l/mil■{{ 3r ~/~a~J■■ •~~~y! //•L''. r ~ ri' •ri.■
~c:o~ntF ret~ #m with your co~~nent pr~r ~ e die the heady. ~?'hi~ ~ rev may.
~h~b~~ ~ fro a~er~r ar~d ~ai~p~a~itrg~ ~t h~ heart,} You ~a~c ~ to a ~u~er
coca#ed a~ the bot~vrn ~ maid a adder be~~ ar drip ~ ~~-pin:
~iann~~rg acrd Deire~mer~t t~epatt~re~rt
~ N, I fi
De~ntatr, ~~ex
~r~: fan ~eu~a, je ~a
use ~orrus are used ~alcu~ the per+cer~age o ~nd~ws t~ ~ aid vpvse the
~ ,request. the ~ornr~is~~on is inert ~f ant respo~ne ~n ~ and ~r~ o~psit~n+
~~e~ circle ane:
~n facer of request Neural to reque# ~~poed t~ ~eques~
~eas~~n~ fir
i natunw•
Printed N f,~ ~~i~ ~ - ~ ~ r
. rI
Niailir ~Iddre
~s ~ie Li ~ M f~
~eie~h~ne h~ber: o ~ ~
Phial ~ld~res o~ ~ror u~i~ ~ #ee~ - ~ ,
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f}y, ~r/~►, `~g/y, r` ~/.~g~y~ ~/.y! w~y~r ~E{ /~11~~ dry'. i
17 3~+ ,y ~~~A ~~~Fn~ ~~~~~~1/~ 7 ~Y ~ ~ ~ ~ ~~i~~~ ~~~A~1 # V~ Y~~~~~~! a i ~~s f ~VV~# ~ ~~W~ ' ~ 4~wM'~ i il~~~ ~ V1L~` iF/f~
r I~~~ V~ir 1
f # #~n~ ~~a~ r~et t Ic~~n~e~VV #~t ~n ~oi~~ar t~e# a ar~v~ BQ~~~vr~. v
~ p~l~i~ ~~arin wig tk fi~ ~.m. ~n tl~~ ~ c~~~ C~~n~e of C It
~~nney ~~#t ~er~tor~, Texas. ~r~s~e y o 1~err ~~~r fro ~f ~e~~ of
~ ~~~tjr, ~~e ~~t~n a one ~t~ist ~d ~~~e ~o dear ~v ~rou ~e~l ~~o
r~q~~~es~ ar~d inv~e~ Y~ ~ ad a b~ Deng. ~n ~~d~r ~ ~o~r ~~~~~on t~ be t~~~n
~~t, ~~t~ his for yat~r min pr~vr #v a~ #h tic I~~a~ng, ~ ~s r~o ~~y
~vro~ibr#~ u fr~r~ ~t~~ng ar~~ p~st~ap~i~~ t~ f~~ pu~~~ ~r~r.~ Y~~ may # ~ t~ t~~ r~~~n~ ~tl a# ba~~ ~r rnail ~ ~e a~~r~ bs~ r a~ ~ ~ ~n-son:
'1 ~~~~~~ng r~ ~e~m~nt ~ar~nent ~
i ~ i
D~vn, hex ~0"~ i f
i
~~~e fir are used ca~c~la the cer~ ~f tr~dor~n~ ~t ~prt and ~ppa ~eq~t. is~~~ ~n~ornt the p~n~ o~ ~e~oes s~pr~ a ~n o
~~~a~ ~~~c~e ~ ;
N favor ~ re~~ Neu#r~~ ~ qua Opposed
i ~ ~
~y 4 ~~IYYr ~ _
4 ~ r ~ ~ ~
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~r~M~w~~~~. i~ry~r~. ~~~~A' ti ♦r • rw' ~~y~r.~ • w MI ti t •r~ • i w r iw~~ a ~y 4 ~ri w w .h • • t ~ w~ _ ~ ~
t
~ 4 #r;~i Y~~N~^~ w~Ylwl Ir!!!~lM~1 IIY h~~ ^ITIT^I11 ~I 4~ I 1 I ~~11~I~~.~~
{Y S ~ ` ~gnature: ~ ~
r
~ ;
del hoMe Nun~r. ~
~hys~r.~ Address ~'rape~#y #~~n
Y
(r~ C14 fill ~IAII IT • ~E~T~N, TEi ~~i~ ~ .34~44~ • .~4~.~7~~
i ^ :r ~ ti
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i
~1~~~~~~Cf d~. ~[J
s ~ ~ub~ her a~ ~dnes~~yr ~eb~ru~ry an+d c~onsrd~ ~nakm ~ r~~~ to the ~r~al r~ }
~trf nam ~ a~d~n cha~rg~ng pearl to Il~~r~ne ~t een 8~~~ ~ end a~~
Thy ~ubli~ ~e~~n~ # ~:1~ . ~n ~e
lc~~~y art, T~x~: ~ec~ y ~ ~ ~ u~, pperl~, ~ '~ar~~~g ~ ~ Ire ~o hear ~o~ ~
~ ~e ~ v ~ ~ ~ ~i l~~~~e, In ~r ~r vpinl b~ t~c~~
a~n~, r~#~rn this fom~ w~~h y~~r nrx~ i~r e d o~ ~e ~uic h~ f irr rya ~
ib ~ ~ 4 y
wed . f 3 ~ ~ ur~~e~ . _ _ . #h~ boa or ~ t~ ~h~ d~r~ ~ • - . ~ . - - ~ ~ _ , ~ ~ ~ o~ ~n-peen.. - - .
Planner d ~o~r~t D~rt~ ~m ~
Ain: R~r~ e~nri#,~rr# Pest ~
T~e~ forms e~ ~a c~l~ule ~r~a ~f lao u ~ ~par~ ~ vppo~e the
re~~es~, ~'he a~m~ssia~ ~s i~ned o~ pr+on~ v~ upon ~n ~ppor# aid ~~n. - P
P~a~e cl aye:
In var r~qut h1~1 u~ D d r p~ ~qut
i~eor~~ fir ~~i~ian;
i~netu
Pt~in#d N~►~e: ~ ~ ~
p
0~ ~3~~1~'~~, ?~4 H sT * ate, ~ ~s~a~ • a.~.~ ~ F
~ ~ ~.~.~7
flY~
EXHIBIT 4
City of Denton
Historic Landmark Commission
Minutes
Monday, January 14, 2008
After determining that a quorum was present, the regular meeting of the City of Denton, Historic Landmark
Commission was held in City of Denton City Council Worksession Conference Room, located at 215 E.
McKinney, on Monday, January 14, 2008, at 5:30 p.m.
PRESENT: Darlene Mullenweg, Donna Morris, Diana Hatch, Peggy Capps, David Wright, Karen
DeVinney and Emily Gibson
STAFF MEMBERS: Julie Glover, Historic PreseMtion Officer/Downtown Development Manager; and
Christina Davis; Administrative Assistant III
ABSENT: Steve Ambuehl
GUESTS: Ron Menguita, Planning Supervisor -City of Denton
1. Meeting called to order
Mullenweg called the meeting to order at 5:30 p.m.
2. The Commission considered approval of minutes of the regular meeting of November 12, 2007
Morris made a motion to approve the minutes of November 12, 2007. The motion was seconded by Gibson and carried unanimously (7-0).
3. Consider street name change of Pearl Street to McKinney Street between Bolivar Street and Carroll
Boulevard and make a recommendation to City Council
Ron Menguita, City of Denton, gave a brief history about the project. No historic reason was known for
name of street. Capps motioned that the name of Pearl Street (between Bolivar Street and Carroll
Boulevard) be changed to McKinney Street and the Commission recommends approval to the City Council.
The motion was seconded by Hatch and carried unanimously (7-0).
4. Historic Preservation Ordinance and enforcement
Glover gave a brief history on the ordinance and distributed an email received from Code
Enforcement. The current ordinance allows for a citation to be issued for non-compliance but does
not require any corrections to be made, which is the desire of the Commission. The Commission
believes that, since there is a perception of no real consequences for property owners, the owners
are not getting pre-approval when making changes to their properties. The Commission would
like to hold a closed or executive session with the City Attorney to discuss amending the
preservation ordinance. Staff was directed to prepare documentation of all correspondence to
negligent property owners, including photographs if necessary. For those currently in non-
compliance, letters inquiring to their intent to comply with the ordinance should be specific.
5. Update on PECAN
City of Denton
Historic Landmark Commission
October 8, 2007
Page 2 of 2
None.
6. West Oak Historic District
DeVinney reported that there are approximately 75 homes in the proposed. She hopes to include two
O'Neal Ford homes. The group is using the County tax and appraisal websites records to research home
information and still need some narratives for some of the homes. All of the homes can be viewed online at
www.westoakarea.com , Staff is assisting in creating a historic district map.
7. Receive Preservation Officer's report
• 122 North Locust is going to P&Z on 02/06/08.
• Approximately 50 ladies from the Wichita Falls Historic group will be here on Jan. 31 for a
tour in the historic district and downtown.
• Time to update the Historic Driving Tour Guide. Please forward any updates you may
have.
8. Open forum -discussion with no action
• On Jan. 18, Bob Montgomery give a speech on Butterfield at the noon lecture series at the
Courthouse-on-the-Square. In March, Peggy Capps will be giving a report on important
women of Denton County.
9. Future agenda items
• Closed session
• Consider making a recommendation to City Council on extending exemption for Historic
designation.
• West Oak -Historic district
• PECAN
10. Meeting Adjourned
EXHIBIT 5
DRAFT MINUTES
TRAFFIC SAFETY COMMISSION
February 4, 2008
After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas
is present, the Chair of the Traffic Safety Commission convened into an Open Meeting on
Monday, February 4, 2008 at 5:30 p.m. in the Council Chambers, City of Denton City Hall, 215
E. McKinney Street, Denton, Texas.
Present: Chair Greg Sawko, Charles Guarnaccia, Lela Howell, Linda Brown, John Crew,
Marion Scott, Michael Green and Jason Davis (arrived at 5:34 p.m.)
Absent: Pat Cheek, excused
Also Present: Bud Vokoun, Traffic Engineer
Jim Coulter, Director Water Wastewater Utilities
Frank Payne, City Engineer
Ron Menguita, Planner III
Ann Forsythe, Boards and Committees Coordinator
OPEN MEETING:
2) Hold a meeting and consider making a recommendation to City Council regarding changing
the street name of Pearl Street to McKinney Street between Bolivar Street and Carroll
Boulevard. The Historic Landmark Commission recommends approval on January 14, 2008
(~-0)~
Bud Vokoun, Traffic Engineer, called on Ron Menguita, Planner III, to present. Menguita stated
the request came from NorthStar Bank to change the name from Pearl Street along McKinney Street
to Carroll Boulevard. The reason for the name change request is due to confusion that motorists
traveling south or north bound on Carroll Boulevard often miss the street due to the fact McKinney
Street does not extend over to Carroll Boulevard. At the same time, motorists traveling westbound
tend to get confused as they pass Bolivar Street and realize that they are not on McKinney any
longer.
Commissioner Guarnaccia moved to approve with a second from Commission Michael
Green. The motion was approved by an 8-0 vote.
The meeting was adjourned by consensus at 7:30 p.m.
PLANNING AND ZONING REGULAR SESSION
FEBRUARY 6, 2008
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STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9797
EXHIBIT 7
s:lor~r docr~men~lor~~nat~cesl~$1~i~7-~0~3 peg sheet name c~ange,dac .
~RDINAN~E N~,
AN ~RDINAN~E ~F THE CITY F DENTON, TEAS, ER~VIDIlV FAR A STREET NAN~E
HANE FROM PEARL STREET T RINNEY STREET BETWEEN ITS
YNTERETI~N KITH ARR~LL BOULEVARD AND B~LI~AR STREET; ~R~VIDIN
FAR EV~ERABILITY AND AN EFFECTIVE DATE. ~~07-0003}
HEREA, the pity of Denton, has applied far a street name change ~rorn Pearl tzeet to
cnney street between arrall Boulevard and Bolivar street, shown in Exhibit A, attached hereto
and incorporated herein by reference ~hereina~er, the "Subject Area"}; and
WHEREAS, on January 14, 20D8, the Historic Landmark Commission reconmended
approval of the requested street name change} and
V~HEREAS, on February 4, 2008, the Traffic Safety Commission recommended approval of
the requested street name change; anal
WHEREAS, on February 2~D8, the Planning and honing Commission reconanae~ded
approval of the requested street name change; and
WHEREAS, #e City Council fnads that the change is consistent with the Denton Flan and the
Development bode; NSW, THEREFORE,
THE COI~NIL ~F THE CITE OF DENTIN HEREB~.~RDAINS:
ECTIQN The findings and recitations contained in the preamble of dais ordinance are
incorporated herein by reference s true.
SECTXON The street name for the subs ect area. is hereby changed from Pearl Street to
l1~eKiuney Street.
SECTION The City's of~icral ab~hty Elan na.ap ~ amended to show the change ~n the
street name.
ECTI~N 4. If any provision of this ordinance or the application thereof to any person or
clrcun~stance ~s held rnvalld by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall ~ecan~e effective fourteen ~I4~ days fra~n the date of its
passage, and the City secretary is hereby directed to cause the caption of this ordinance to be
published Mice in the Denton Record-Chronicle, a daily newspaper published in the City ofDenton~
Texas, v~ithin ten ~10~ days of the date of its passage.
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JAN N~`~R 'ALT~~, ~TY~ ~RET~AR
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APPR~V~~ A T~ ~~AL F~R~.
EDWIN NYD~R, ITS A.TT~RNE~
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PAGE 3
L~~
AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Economic Development
CM: George C. Campbell, City Manager
SUBJECT HL08-0001(122 North Locust Street)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding designating the property located at 122 North Locust Street as a historic landmark
under section 3 5.7.6 of the Denton Development Code; providing for a penalty in the maximum
amount of $2000 for violations thereof; and providing for an effective date. (Historic Landmark
Commission recommends approval 7-0. Planning and Zoning Commission recommends
approval 6-0).
BACKGROUND
Applicant: Andy Bostick, merchant/ C.R. Drake, owner Denton, TX
Built in 1877, and originally known as the Paschall Building, 122 N. Locust is the oldest
building facing the Courthouse. In 1890, the entire east side of the Square burned, except for this
building. There was a four inch space, filled with salt, between this building and the one to the
south. Members of the Paschall family credit the building being saved from the fire because of
the salt in the walls.
During the late 1800s, the Paschall Building was a grocery store. During the 1930s and 1940s,
the building was called "The Ritz." It was one of several movie theaters on the square during
this time. In the 1960s, the theater showed "blue" movies and was known as "The Rat." Andy's
Bar and Grill has occupied the space since 1997.
Section 35.7.6 of the Denton Development Code provides for the Designations of landmarks.
Twenty nine (29) 200 feet notices and eighty one (81) 500 feet notices were sent prior to the
Planning and Zoning Commission meeting. Five responses were returned, two (2) in favor, and
three (3) opposed. The three opposed are within the 200 foot notice area. All three oppositions
mentioned interior and use changes which are not covered under the current historic preservation
ordinance; only the exterior of the building is subject to the overview of Historic Landmark
Commission.
FISCAL IMPACT
If approved, the City historic designation makes the property eligible for a fifty percent (50%)
tax exemption from the City of Denton for fifteen (15) years from the date of designation
(Ordinance # 98-110 amended to 15 years, original ordinance was article 6, section 10-126). The property is currently appraised at $367,877 at the current tax rate (.66652), the
fiscal impact
would be $1225.99 for 2008.
-1-
PRIOR ACTION
Historic Landmark Commission recommends approval 7-0. Planning and Zoning Commission
recommends approval 6-0
EXHIBITS
1. Ordinance
2. Historic Landmark Application
3. Excerpt of minutes froml0-10-07 Historic Landmark Commission meeting
4. Excerpt of minutes from 2-6-08 Planning and Zoning Commission
Prepared by:
Julie Glover
Economic Development
Program Administrator
Respectfully submitted: ~ •n
( ti r}-r/ _ tit. i r •5 ti i
~ F ~I~1 ~ :r. + n
Linda Ratliff, Director
Economic Development Department
-2-
s.lour docurnentslo~d~nances10811~2 n locust.doc
ORDINANCE N0.
A.N ORDINANCE OP THE CITY OP DENTON, TEAS, DESYNATIN TIDE PROPERTY
LOAT~D AT 12~~ NORTH L~~ST STREET A HISTORIC LANDMARK L~TDER
SECTION 5.7.E OF THE DENTON DEVELOP~VIENT BODE; PROrDIN~ FOR A
PENALTY IN THE 1VIAIIVIU AiVIDUNT OF $2,~~~ FOR VIOLATIONS THEREOF; AND
PRO~'R]IN~ FOR AN EFFECTIVE DAVE.
V~HEREAS, the Historic Landmark ~on~n~ission and the Pia~aning and honing
ornrnissian of the City of Denton have recamrnended that the property herein described be
designated as a historic landmark in the City of Denton; NOS, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I a The property located at l~~ North Locust Street, being mare particularly
described in Exhibit A attached hereto and incorporated herein by reference the "Property"}, is
hereby designated as historic Iandrnark under Section 35.7.E of the Denton Development Code.
SECTION The Property shall be Indicated upon the zoning map of the City of Denton
a a historic lanchnarl~ by the letter "I~," and the Property shall be subject to all terns, provisions
aid requirements of Section 35.7.E of the Denton Development bode and such designation shall
be in addition to any other use designation established in the City's zoning ordinance applicable
to such property.
SECTION 3. Any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding Z,~~~. Each day that a provision of this
Ordinance 1s
violated shall constitute a separate and distinct offense.
SECTION 4. This Ordinance shall become effective fourteen ~I4} days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be
published Mice in the Denton Record-Chronicle, the o~fcial newspaper of the City of Denton,
Texas, within ten ~I days of the date of its passage.
PASSED AND APPROVED this the day of , ~~08.
PERRY R. IVIcNEILL, MAYOR
ATTE T
.TENNIFER ~U"ALTERS, CITY SECITARY
~Y:
s:lour documentslordi~ances1~8112~ n lo~ust.doc
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APPROVED A TD LE~AE FORS:
EDWIN ll~. NYDER, O~TY ATTORNEY
BY: - t
Page ~
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Being the west feet of the North ane-half of Latl, Block 7, of the original fawn of Denton,
an addition to the pity of Denton, Denton Jaunty, Texas, according to the plat thereof recorded
in Volume 4 gage plat record ofDenton bounty.
BEC~INNfN at the intersection of the East line of Locust Street with the South lines of yak
street at the Northwest corner of said ane, Block original Townsite of said city, which is also
the Northwest career of a stucco building;
' TI~ENE East with the North line of said Lot 1, and the Nar~h line of sold buxldrng on the South
line of said yak street SG.~ feet to the Northeast earner of said building;
'~HENE South with the East line of said building Z5 feet to the Southeast comer of said
building;
THENCE west with the South line of said building ~5 feet to the authwest earner an the Nest
line of said Lat 1, and the East line of said Locust Street;
T~EN~ North Z~ feet to the place afbeginnin.
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SINGLE ACKNQ1Yi.BUG1tENT
THE STATE 0~ T~1►.AS, a~~oRt~ ti;>>~ th. dnde~~ aa~tt►,
aou.rest a~........D~.1►~~,~.....~...~..__..~ a Cheater Morxis, Jr~ ~ and for qld Conatr, Tetaol on tiles day ooroenaly ~pMred....«...... _ -
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In,own to la. to bo the paneu.......whau aa111e.... wbaerlbal b ~b ~q1 lint a11d a~blhd toy . f
Ulat.«...,M.... _erceu4ed eM ~a1.a !or tw P~ ~ aoa~IWentieal, , o GIY$N UtiD>~1t 1tY g11ND AND 1{>~iAL 0» 0>RlICL►, la.. . et . N~ ~B.«. r...~, A.D. ll?4
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t . E~ILSD FOR Ri~CORD '~JIY OrF F]I.D. 1974. ~t/y M•
' [~QDRDLD ~,~DAY OP . a. 19 4. iRARY JO HILL, COUNTY R1t r GOUl19'Y r • !
• ~ BY s DEPUP1f • { ' • .:.4'1.,;;,,y41rCLw.{: t::~'. '.h:"F w%r:.:.•:7rS~ °'\•.'.~`:r.~.L•M,:fiRtPXtiiwlf►~wtJC1JAfYM~"rJ7ti1T -F !7 5
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~ r ~ »_„aasatrrr ~us~..MasawrrMia~vrwrwtll•:•
7`1~~; 5'1'A'1'~ U~' '1"EaCA9~, Know All ~Sen B •ZUe~a preeen!!t
aENTON Y
t , ~,at I, Jerry A, 6errett,
16686 ~ r ~ ~
of ~ County of Den tin , 5tat~ d TeX+s ~ (a ~ ~ °0°~t0" 01 ~ ~ TO 1LtY~ A
w rrwww. rww w.. wrwrrr-rrrw- I` . ~ wm of TEN AHD NG/100------•ww"•www"""""" ~ppurtenancea they
-DOLi.ARS, ~ ~ , ..........r.•.■.-w-rrwr-•~r-■rri=I O, DOIrr---~rwwrr-rr-..rw-w.ww and other good at.d valuable cont+iderations '
~ to the tabladpaidb~ OAN TR11ltKEll of Denton;Coontya•Texle, the E ~ff w hd~ and usijm
receipt of which is hereby ;cknowledgqed~end thr~ttir..ther consideration w; , of the assumption elree>went and praois!•~to p~ir~by~ ho~ raAtel.herlin a
l 2 the un aid prineipel end !Wiens! oM1no an tb,i~oA~oei~tlt~i roNisar f''.'~~,~ ~ p i~• note datedpNovember 0, A.O., 1911, far~the orip~M~ pr~noi 1'0~ E
i ~ 511,500.00 executed by Grantor end Grantee end perebie to he order of l~ ~ ~ DAN First State Bank of Oenton, Qeneon County, Text=. fitter the execution
and delivery of this deed, 6rentor, Jerry A. ~
Garrett, will ret+ln an undivided one-half Interest in and +.o the col- ! lowing described property, and Grantee. Dan Tratnmt~ll, will own the re-
maining undivided one-half interest in +nd to said property, I ~ ti nun and ~ ~ 1 { `
~ ~ thereof. ij
I ii ~ ~ , I ~ ~ I ~ ~ ~1"tinga AID
~ ( ' Ottobe! ~ r
r a n'it>kssn It Ra
f ~ ~
~ ? have Granted, Sdd and Conveytd, lnd by tbese p~aeats do Gnat, Sd1 wd Coarry veto the slid I ~ f " ~
' ~ ~ I ~ ` DAH TRA~i~iEll ~ i ~ ~ ~ ,
j i u~.tete~rin ~ of the County of Denton , Stlte of Texas, an undivided one-half interest in and to all that certain lot, tract, j ~ '
,
' or parcel of land situated in the City ens County of Denton, Texas, bein the Vest B6.1 feet of the North one-helf_.~af.~ot,,l ~6~,oek 1 s
' ' ORIGINAL TOVNSiTE OF OENTOM, Texas, and bein0;.~0 ! t';aw 1 os'a"' ; 4;~ " ~ ( ' cribed as foliows~ 1,'
I`p BEGIMtiINfi at thl~"~tn~els!"fit 0 t! 1! ~ ~ ~ + , .y ~E ~ the South 11ne of Oak Street at !A ' ~Norlhres! e~l"AOt' o ~-1t OAD,
Block 7, Original Tornsite of said City, which is alto the MarthMest " ~ ~,TV~_ carnet of a stucco building; ~ t-
" r THENCE fast with the North line of said lot 1, and. the north line of ~ . ~ `'~1 1a ~sl fw old c said building on the South line of said Gak Street 66.1
feet to the I• , , ~ ~
Northeast canter of :aid building; ~ ~ ,.,A ~ THENCE South With the East line of said building 25 feet to the ~ , ~ f Southeast corner of said building;
~ E kj01" t"~.f+
'i'., 7xEMCE Vest xith the South line of said building'86,1 feet to its' i ,~.~,.,+.R ~ Southwest corner on the !lest 11ne of seid lot 1, end the Eest line of
; y~
~ said Locust Street; " • . THENCE North P5.0 feet !o the place of be~innino. ~ ~ ~•~s.
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~ '1'0 1{~1VE AA'D 1J HOLD the tbov~ ~ ' 1 mto the swfd pAN TRAMM~LL ~ h1 s ~ !
• ippurterances bcreto in a>nyRise belor+i~et I ~i ~ ~ I
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~ ~ do hereby bind gays el t ~ nd my han ud usislu lorevcr ~ u►d I I uata ~ I I
ry,. f ' , ~ • i hero, executors ind ~„lnbtntors, to Wuty.at end ~►aerer Defend ~ ~ d>~ ~ ~ j ; ' f
E ~ ~ ~ 1 i I sid OAN TRAt4liEL~ and his ~ • ' ~ L I' ~ I 1 1 ~
I ~ + 1 ~ I { 1 l ~ I ~ ' I ' ~ I I • t ~ ~ I
~ r~oo ~borneoevet k+fr(olfy dilmtns, a to dtlm the wmc, a scy p►rt i I . ~ hats and asdgas, eWWwi ~ Pe j
~i,i~ ~ ,1•t~'^ii~ l; .h;I~r~4r'Ilf+ ~}+~ruri t~ 8th I 1
~ r hind + . _u.. Denton,' DnntOn,Countye• Yexos I ~ tcttess ~y •y r, •~F + lti ''t^ ~;.~~Y+, f~•I,j ~ *4 ~ ~ ( 1 ~ I 1 ~ October ,
. ,
~ ~ ~ ; 1ti'it~essas et Request d Grraotor: 4 i I I
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$ 1 ' c ~ ~ ~ • t ~ ~ THE STATE OF TEXAS, „emu w..el~ ~ ~ I
~ ' ~ • i ' ' ~ ~ ~ JERRY A. 6ARRETT •`I
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/~~r.,F 1 + ..~~M~,~ , 1 `a, r. a•~t1 It lit •Lf:ti~ 1~
tea 760 r~955 , k~~ ~ ~ ~f~ ~~~r rs..r ~ •;;!fit ~~`A, ~1+•
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I ~ , rz~.m toa • j ~ RDCOaDED DAY Or A.D. 145. w ~ .
~I, ~ NARY JO ~ OSttI'OM CCDNTY~ ! ` ,
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$4791 Page 1 of 4 ~r v
48~~►gl
wARR~T~ ~~D wrrx vEriDOR~s ~x
THE STATE OF TEXAS ~ 4
COUNTY OF DEN'fON ~
That terry A, Garrett, an owner of an undivided SO'Y6 interest ht the property described .
below and Dan Trammell, an owner of an undivided SINK interest in the property described
below, of the Stater of Texae, (3rantaca, for and in eansidonrrion of the nun of TEN AND NOIlOa
(S1U,00} DOLLARS and other valuable considorotlan to fho underdgrrod Dash in haad.paid by
Craig Fisher and wife, Lisa A, Fisher the (irantoea horefn narnod, the rooolpt of which is hereby
acknowledged, and the further consideration of the execution end delivery by the harain of oae
certain promissory Nate of even date herewith in the original principal sam of s100,t)00,04;
bearing intcrcrt from date as provided for thor+ein, both principd ar~d intar+est payable to the oradar
of Farmers & Merchants State Bank as provided for in the Notes; said Nate roprosertt: that emauDt
this day advanced and paid by Farmers 8c Merchants State Bank for the ptu+ohese prloo of said
Property at the spocid instance and request of the Grentoas and for their user and boneRt; the
vendor's lien herein retained is heroby given and granted to Farmers dt Metnlumts State Bank,
the payee of said Notc, and such payee or.othot holder thereof is subrogatad to ell the rl~t, titles
and remedies which the Grantors would have if said Note ware payable directly to theta, the
payment of which Nate is secured by vendor's lion herein retained, and is additianeily socw'ed
by a decd of trust, of even date herewith, to VAU4HN ANDRUS, Trustee, have QRANT~D,
SOLD, AND CONVEYED, and by these presents do GRANT, SELL AND CONYBY unto Cog
Fisher and wife, Lisa A, Fisher of Denton County, State of Taxers, Grantee, whose rratiling
address is 30l Coronado #lOl7, Donlon, Texas 74241, all of our undivided iotercat in and to the
following described real property in Denton County, Texas to-wit:
Sera Exhibit "A" attached hcrato and made a pari hereof far all purposes,
Raervetlons from and exceptions to conveyeaa end werranly:
This deed is executed and delivered subject to all oaaoanent:, rroervedons, coaditioaa,
covenants and restrictive covenants as the same appear of record in tbo ofBoa of the County Clerk
of the county aforesaid and all municipal and govemmantal xonlnQ laws, It is alre sub~OCt to any
outstanding oil, gas and ether mineral interost owned by others of record in d~ Oflioo of the
County Clerk of the county aforesaid,
WARIUT~I'!Y I)B8p WI7N VENUOR'8 L18N ~ 1 of 2
84791 Page 2 of 4 ~ U t~
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TO HAVE AND TO HOLD #ho above described prerniios, together with ail send sltigular
the rights and appurtenances theroto in anywise belongiag, unto the said (iranteos, their bolts,
executors, administrators, succesgora and assigns; and we da hereby bitrd ounolva, our heirs,
executors, administrators, successors snd assigns to WARRATVT AND FORI3VBR DEFEND all
and singular the said pranises unto the said (Trantoos, their heirs, executors, admialstrators,
succcssars and assigns against every person whomsoever lawfhlly claiming or to elaiaa the same
or any pari theroaf.
But it is expressly agreed that the VENDOR`S L18N, as we11 as the Superior Title in and
to the above described pranises, is ntainod against the above described property, paomirea and
improvements until the above described Noto and all interest thereon sro ftilly paid aooo~+ding to
the face, tenor, effect and reading thereof, when thin Dood shall booome absolute, .
EXECUTED this day of Novamber,1996,
S R;
Merry
Dan Trammell
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
This instrument wes ack~wwlodged befon me on '~s day of November,199b, by
Jerry A, (larrott and Dan Trammell, .
otary Publio, Texas t1 F GARYM.KIRCFfOFF
r ~w fib, site d Texu :s►~ NGV.1, ter M.,
AF'T'ER RECORDING RETURN T0;
Craig Fisher and wife, Lisa A. Fisher 301 Coronado #1017
Denton, Texas 7b201
WARRANII' DEED Wr[]i v~moR'S uEH rye Z ors
84791 Page 3 of 4 ~r ~
EXHIBIT "A"
Ali that certain lot, tract or paroel of land ~tuetod in the City end County of Denton, Taaau,
being rho West 8b.1 feet of the North ono-half of Lot 1, Block 7, ORIOINAL TOWN3ITB 017 DENTON, Toxaa, and being moro particularly described as (allows;
BE(31NNINCi at the intersection of tho East lino of Locust Smoot with the South lino of Oak
Stmt at the Northwest corner of said Lot 1, Block 7, Original Townsito of Said City, w'hiclt is
also the Nord►west earner of a stucco building;
THENCE East with the North lira of said Lot 1, and ~ North lice of said building on the South lino of said Oak Street 86.1 fist to tho Northeast Corner of :aid building!
THENCE South with the East lino of said building feat to the Southeast oornar of said building;
THENCE West with the South line of said building 86.1 foot to its Southwest vorner as the Wert
line of said I.ot 1, and the Fast line of said Locust Street;
THENCE North 25.0 feet to the place of beginning.
wAtu~rmr ns~0 wmt vexnoR~s u~rt Pye 3 oil
84791 Page 4 of 4 I~ 11
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A1wno~~s~oaoH ~tl ~iea~o~o~ Xl `Jl1Nllga NO1N3Q
:ux paa~~~ aa~ pal e
35341 Page 1 of 4
,b;~
9G101888
WARRANTY DEED a3~oi (LONG FORM) ,
DATE: May 23, 1997
GRANTOR: Craig Fisher and wife, Lisa A, Fisher
GRANTOR'S MAILING ADDRESS: 301 Coronado #1017
(including county Denton, Denton County, Texas 76201
GRANTEE: PHCF, INC. ;
GRANTEE'S MAILINQ ADDRESS: 301 Coronado #1017
(including county) Denton, Denton County, Texas 76201
CONSIDERATION: Ten Dollars x$10.00) and other good and valuable; consideration, and tha further consideration of the assumption of
and agreement to pay by grantee the unpaid balance of principal and;
interest remaining on the following note: .
DATE: November 25, 1996
ORIGINAL PRINCIPAL AMOUNT: $104,000,00 ~
MAKER: Craig Fisher and wife, Lisa A. Fisher
PAYEE: Farmers & Merchants State Bank
SECURITX: A Deed of Trust of even date recorded under.
CC#9680084792 in the Real Property Records of Denton County, Texas.'
Grantee herein agrees to keep and perform all covenants of the.
original grantor in the deed of trust referenced above.
Property (including any improvementsl:
Being the West 86.1 feet of the North one-half of Lot 1, Block 7,;
of the ORIGINAL TOWN OF DENTON, an Addition to the City of Denton,',
Texas, according to the Plat thereof recorded in Volume 4, Page 53,; Plat Records of Denton County, Texas, and being more particularly;
described on Exhibit "A" attached hereto and made apart hereof fori all purposes.
i
353Q1 Page 2 of 4 ~
Reservations from and Exceptions to Conveyance and warranty:
i
Thi.e conveyance is made and accepted subject to all easements;
reservations, conditions, covenants and restrictive covenants asj the same appear of record in the office of the County Clerk of the;
county in which the property is situated, to the extent that same. apply to subject property and remain in effect. ~
Grantor, for the consideration and subject to the reservations]
from and exceptions to conveyance and warranty, grants, sells and;
conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have ands
hold it to Grantee, Grantee's heirs, executors, administrators,; successors, or assigns forever, Grantor binds Grantor and;
Grantor's heirs executors, administrators, and successors to{
warrant and forever defend all and singular the property to grantee; and Grantee's heirs, executors, administrators, successors, and]
assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations!
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns includei the plural.
i
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Crag fisher sa A. Fisher
I
I i {ACI(NOWLEDQMENT}
i i
STATE 0~' TEXAS } 4 COUNTY OF DBNTON }
Thfs instrument was acknowledged before n the 23 day of
May, 1997 by Crafg Fisher and wife, Lisa A, i r. ~
f
Notary Pu State of Texas p. JO ~EPI~I~INCA
NO ETA~~ OF ~jU~t
~ i
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AFTER RECORDING PLEASE RETURN T0: j
t PHCF, INC.
301 Coronado #1017 Denton, Texas 76201
I
35301 Page 3 of 4 ~ ~bf~ D`~
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EXHIAIT uAn . '
All that certain lot, tract or parcel of ~ tand situated in the City and County of Donto~, T ' being the West 86,1 fat of t~~ti North one-half of tot 1, •Blvck 7, ORDINAL
TOWNSITB 0
Dt?NTON, Texas,'and being maro partiaulerly described as fallowa: • . ~
tliiaiTiNlNti at~ tho. intcrseetion, of the P~ist: lino of I.oouet Stroot wilh thb Sbuth~line ~af Street at tlu Northwest corner of said I.nt 1; A1ock 7, Original Towruite of
Said City, which i~
also the Northwest earner of a stucco building; . ~ .
TiiENCE Iasi with the"North line of said Gat 1, aril the North litia of said building ort tiro Sout~t
I inc of said Oak Strcct 86, l Poet to tha Northeast Corns of said building; , • ' ,
THF.NCG South with the fast lino of said building 25 foot to thQ Southeast ~ earner of aai~ huildi~g; ~ ~ ~ ~ '
TIICNCI: West with the Srnitli lino of said building 86.1 toot to its Southwest camar on th~e~Weet
line of 'said I.ot 1, and the Bast line of said ~.acuat Stredt;. ~ ~ . ~ ~
TI{F.NCE North 25,0. feet, to tl~a place of begir»iing, . ~ ~ ~ .
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Xl Jl1Ht10~ t~1N~a ~u~ p~oa+~a ,~01 PaIF~
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117824 .Page 1 of 3 ~ ~ ` `bi~ ~J
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wA~NTlr~en
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UATQ De~nberZ8,1998
GRANfOI~ p'HCF, Ine„ eTeem oocpotedo~
QRANI~OR'S MAI~Na ADDIS: 341'imbar~re~ t~irde
DeQton,T~cee
4RAM'6B: lroaut, L~L~C~
ORANTBB'S MAiLINa ADDRESS: 3q'Cimbetpm~ Cho
Dedoa,T~cee 7~6~OS
COi~IDBI~ATlON: Tea DoUne (3100} edd ~ ~~~Y n~tbetla~roomideredoo~ ~°p goat~e~ as
,mpeld 6el~eof pdno~l
DATE: NavernberZSr 1996
. ; OR10IlVA1.PttINC[PALAM4UIV~'; 310D,000.00
MAKER; ~8 ~oregd rrKa ~ A, Flehe~c
. PAYBB: Fuawre ~ Mero~eab 8tete Beak
$Ef:URI'1'Ys A Deed afTtmt of e~roadeoe reoo~ded umdeeCC~~t008479Z In
~e ~ Propertyy Ricoedr of De~a► Cmmty, Te~ces.
Orende basin to ltmpeed pafam ell aoYa1A>>b of dro o(l8ieel ~mtar lA tie
deeddttud r~erenaedebore,
Property (indudies my impro~Ya~ente k 1Z2 N. Locwt
the Wed 86.8 fad of ~ Nottb oee~balf o~ Lat 1, Block 7, otdro ORI~ ~ ~ TOWN OF D8N1'QN+ae Ad~tioa ~ ~ ~Rmorde otDectoa Coaaty, Texa.
tkesecf noo~ded ie Volume 4, Prya
ReeeNetiOee from sad Bmapdoae 1aCeaYeyeoce sad Wane
Tbie COeYeyee00 ie nteda end ecoepoed ~ to AU eiaemea~, ~ ~ coYeneah,ntdtwt:3odve ooYaunb u tMe pme eppeerof recaed h ~e
Cink of ~ ~ the p+ape~tY is sitwted, to ~t event tbet eon~e
apply to eubjeoR property end raneln is e~'oct,
117824 Page 2 of 3' ~ ,n~~~~ J
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at~or, fa~°rad°° ~d wbject 1o the ~ ~ urd eocoaplian~ ~ ~md wY end ooavey~ ~ ~~wi~ bra ' t~eto in my
rr~h~ ~ ~ ~ epp~ ~ ~ a god ~o boidit ~ Onm~ee~ ~ s ~ ~~to~, cud
~i~~orrvar. O~~ntor ~ ~ anwabaad ~cepon to wNtaad ~odfo~erde~'rad ~U and ~si~ ~Y P~
y ado cGim ~ ame a uqY p~ ~'ea[, ao~o~t d ~o ~ha
~o oonvdy~e aid wurmty.
Whau tie oanoead ra~a~t~ew ~ ~°00u~u in~dode dre plnrd~
(~Pi~r,
PHCF~ ItIC., ~Taate~ Capor~o~
$TATBQFT~LA~
OOIJI~Ti'Y 0~ DBKI'ON ~ of peoember~ ~ imp ~ ~rp'vMd~ed faro me oo Ibe ~„^.dgY
1496by ~ We~r,p~edd PlfiCF, la, eT~aca'por'~~
gprMp~4T ~wr~lrr. NAY pp~ gq~ dTexu
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AFl'BR R~CO~ p~,,~gB RBf[iRN T0:
' Loaut, LLC.
~t+C1e 3A'Rtnb~en Det~~ Texa'
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Date: June 1999
praetor: Locust, L,L.C,
Grantor ~ e Mailing Address: . Q. ADD 8},3
(including county)
Grantee: American Aluminum Recycling, Iao,
Grantees Mailing address: X435 Squire Place #400, Dalian, tiacludiag county) Dallas Oounty, Texas 753!
Coneiderationc T8N AND NO/100 DOLLARS ($10.00), and other gaud and valuable consideration, the receipt of which ie hereby acknowl-
edged, and the sum of ~a~1,000,00 advanced by PointBaak at the special instance Gad request of the Grantee and far its special
use and benefit, as a part of the purchase price of khe hereinafter described property, the receipt of which ie acknowledged by the
Grantor, same being evidenced by one certain promissory vendors lien note of even date herewith in the principal sum of $B9i,000.00
executed by the Grantee and payable to the order of said Lender, said note bearing iatereBt and payable ae therein etfpulatad,
containing the usual default and attoraey~s fen clauses, same being additionally secured by a Deed of Trust of even date herewith to J.
Raymond David, Trustee, fox the use aad benefit of said Leader, being shown o~ record in the Real Property Records of Denton
. Gbunty, Texas and the said Grantee by the acceptance of this deed ackaoaledgea the veadar~e lien to exist against the hereinafter
desar:tbed property, and it is expressly uadezetvod and agreed that said PaintBaak, shall ba and it is hereby aubrogated to the same rights, titles, liens Gad remedies
to secure Gad enforce the
payrtteat of the above described note which Grantor would have if said Hake were payable direct to it.
Property (including any improve~aeAte together with all and singular
the rights and appurtenances related thereto:
SEE BJQ~IIBIT "A" AT1'ACHBD H8RET0 AND MADE A PART HEREOF
Reservations frog and Exceptions to Conveyance and Warranty:
. w~ J..
- _ 1~ 59521 Page 3 of 5
435Q UQQ88
Aftar racarding return toy Prepared in the Office of Aaaexica~n Aiumimua Recycling Inc. Minor & Jester
X435 8quiri Piac! X400 P. D. Box Z80 Dallas, TX 7534 Denton, Texas 76a0~
,i
59521 Page 4 of 5 t`
D ~b,
err .~R Lmu o~c~~
~aax~a T~ ~SBT e~ , 8 FSST OF T~ IQiORT~ ova-ELF OF tsar 1, ~dt 7,
OF TtDZ 4RIDIbTAL TONG OF DON, AN ADDITION TO THS CITY OF D~'9'1"ON, DBNTON COWI`l'Y, T$XAB, ACLbRDI~ TO T88 PLAT THBRI~OF R~CQRDAD ~
ViOLt~ 4, FAGS 53, PLAT RBCORDB OF DBN'PON CONY, T$FAB.
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Fii ~COrx C NIA MIId1~LL, gKlNYY
CLERK Qn Jun 1~ 1999
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Final zoning app-7
Exhibit "F"
Surveys
Attach subdivision map or Old Town Plat; attach copies of old surveys, an old on-the- ground survey, or acurrent on-the-ground survey locating all improvements, easements,
access to public roads, public improvements, encroachments and protrusions.
1~ ~ t'
~ BLOCK LOT
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ADDITION c~`Y o~ ' A&9TRACT N0. N I SVRYE~ STREET N0.
SIZB OF LOT ' ~ SRIp Z~CdRD INST, YOI,. PAGE DATE CONSIDSItAtIQa
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1. ~ o! Y~iE a1 4f ~ dd ~ Al~~ Mate of Texea a~ United tea. ~enal~cs vfd~ City of
Taut l~~ric lac, a oa~ianall~c, a R 'tia~n a~ a recorded enterod the Arai of H~oric
~ 3. Emha~na~t of d~~nn ~ia~ica of ~ atactfu'a1 type yr
4. Itl~ as work of an a~hit~ax or t~ ~ whom ind~vi~
wrnric has influanced ~ devel~c►e~ cif the car.
5. l~m~t of ~ ~ ~ ~ or
ft~t~►, which a ~t~td
6. Rcl~oaahip to Ewa h~i~„ aite~ ~r ~ ~ ~r p rvati~ a~ord~g t~ a plan bred an ~c e~c~ n~f.
~yal of t~ e~vira of i of people In ~ a~ of hry
charader'i~d ~y a dive a~ch~itect~al Vie.
8. Archaeola~ vah~c ~ that rt has produccd ar cen be acpa~d to ~ d
thootrie~t aft~ic oc ink,
. of yr Ex~tiaa of the cuhiu~l, ocv~mtc, ~
the City, Mate or meted 5t~e•
14. Loca~on as site ofa aig~rifieant historic evatt
11. Identiificatia~ witb ~t pwn tar p~' who ~~~tly r~~ut~d to the
c c ~md ciCVe~ of ~a City, Statre, o~ U~t~id fit.
1 held ~ ~ that be~cauae of ibt ~ has berme of vah~ ~ a
~hoocl, c~nmiuuty a'raa or aty.
X 13. Value as an affect of qty sen~m~t ar public lam.
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Final zoning app-11
4ptionat Information
Interior Photographs
At your option, you may attach photos of interior architectural details that add to the
character of the property.
Return to: City of Denton
215 E. McKinney
Denton, TX 76201 Attn: Julie Glover, Historic Preservation Officer
Voice: 940-349-7732
Fax: 940-349-7206 Email: julie.glover@cityofdenton.com
City of Denton
Historic Landmark Commission
Excerpt of Minutes
Monday, October 10, 2007
After determining that a quorum was present, the regular meeting of the City of Denton, Historic Landmark Commission was held in City of Denton City Council Worksession
Conference Room, located
at 215 E. McKinney, on Monday, September 17, 2007, at 5:30 p.m.
PRESENT: Donna Morris, Diana Hatch, Peggy Capps, David Wright, Steve Ambuehl,
Karen DeVinney and Emily Gibson
STAFF MEMBERS: Julie Glover, Historic Preservation Officer/Downtown Development
Manager; and Christina Davis; Administrative Assistant
ABSENT: Randall Boyd, Darlene Mullenweg
GUESTS: Azer "Ozzie" Cox, Melody Mills, Michael Pennington
1. Reviewed the preliminary application for historic landmark zoning for 122 N. Locust
Street and made a recommendation to applicant.
Staff recommendation: Glover gave a short background on the property. Staff recommends
approval.
Capps made a motion to approve the preliminary application for historic landmark zoning for 122
N. Locust Street. The motion was seconded by Wright and carried unanimously (7-0).
2. Reviewed final application for historic landmark zoning for 122 N. Locust and made a
recommendation to the Planning and Zoning Commission
Staff recommendation: Glover gave a short background on the property. Staff recommends
approval.
Capps made a motion to approve the final application for historic landmark zoning for 122 N. Locust Street and recommends this application goes before the Planning and
Zoning Commission at
its next meeting. The motion was seconded by Hatch and carried unanimously (7-0).
PLANNING AND ZONING REGULAR SESSION FEBRUARY 6, 2008
2 deansatins a.` Pretty :tested at i:: f lz-_~ iac>_c S_-e<t as z t.t it :ns ~Je 'iItt t. n -'d"
i a `.isctic ia-sazY. krder F.a-.:m 35.1.6 of the Lean is the tides b:41d42n7 co
:r..±:tFss= Cde. _le !!_ac:.c !n'aaY. Qrrss a. < thr :.a,:e o: tae . iaxte- ;.t ae :_.z or aivirv- fr. h:s:t^x:
5 rtx.trr•x=: axrta: sity-:e LxiFdi_ _ m rte amar<b .ie.: -.c :tc -ma-ai-
6 W, - c` :<sea. ats i tley did tLS aVpliottlw.
1'c here ta-~YC is tke t di' -t ,ire ya--- - it.
F to t: 3slf c: zoc cw^~ e: ill Fuz.:s. Oeril .•.u<. '.ie :i¢ E
m*} zexl ..'^.is is sn aerl' z roz'g. dr 't t!. rq-
2v' L*a trig:..-a: mot,.., pr it ad's a 1.c of hisor•ic W. irz1 ?Fiat' sa?d U't Xx tt ybd*.t
:o. his p.-Ge: 11 LSe L:ild:.-c, in b to this a'd Lhe rx= terlldirla for sire
:2 T.ls b_ld:.•e is located m aie, Sam. -dt.y 2 realm tor, put t,e %alle and, atd trey pxt. salt :.1. l
3 s'.&* 2'- ml'y Zi ti¢av ?mser L> mxiC.::, t1e c.ty. : 3 crt third: tlet's s . wn &.is pax-lolar. buiL.y 3c;
4 ;acs. vuld e m L`e au . a loci desigation. That's a 14 L'e'e. sr site of rte st,am bstxed in L'it' laws.
F5 little dif'e'e't_ '.ra the sate ci ewtimi 3 sit'-atim. " _5 it k it's a litilp: s.v' la.*Srq rig'st. mw,
15 t's app^.ec ta•iQi. Lie destro:t-i.. M' kes tte paerty :6 '7rte h ostly. htr. Lh,' are wins to m see otx- Ttc;':<
1 : e1.:gib:e far a yL-[erit- ttz «~xc-{z -ti: fire z a Qty o:1, cp:.-tz co g1r. ypry, m rte mericr. 'Rex' iT vKe:eaiai
'.5 s:..ricih c^,' texts. nz n fxra2, ttir tnr.;.y, `c. a pe^oi tf :6 ro d=-r exr.< zcxr a.itss w tie (:tot os '11 as rha i.•5:M-
t 5 F5 ym_=. Tat Is a2'di.•ase 1b, s2-e t4. ' S T`1e taax - area la.. a staple tack osier
'v icd arc art - tir--e-s a pica.e of it. 2c ys{iie +.::e maim tc the Gast' acrLizzise tar tteir
2: %a sew v .9 notices 20p'..'eet and a: nail a rt*=t: 2 yy or5,a it was a g:uue=i Rare- it's bees . saicn. sf
2. sm feet. w nx<i:ed Pi:< r_'' z: es. Tye wa a {,T. fa'sr; 22 guise. ese :,t, }a: cay reemsAxs it as a =At L'mter, in the
23 L'z<eiaite to opevitim; me 1 ,,is JA= 1-mie'. sigtt. . 23 '70.. it has tern a lrs of tares. lxri lt.'s hays: there size
24 hVe ysi tor :tat ae. It irk tae in today. Tie tlae< 24 the late 16 .
25 cpxi a-s :rithin the 2 -feet- rq:c<. -No of. Ghee are f_ 25 iise plaster m Las =vide. V. area:d, t ss
6 46
the sate taa::r atd ila-s Ce Klxei arc is x•re tie tee ; prtbWiv pertrr . ly d-ged t1a trick thm"s utde.iih.
2 eight. J 4 : bzj ie+e yak 9z. art e- sii frQa ire d: rinse 2 Aiii 1f trey were to trs to restore that -1 kip. has tied to do
3 axers u'= vas gi:mot to lnt earlier. Goa. 3 aox m the side a-d g<. pack to the irici: It-a dsaged
a r.l jur sal' that the gpCaie:ma, all w'
texaxl repair at this print. W'd tau to do a lerecr or
5 th:ee'cipositicrs, re'seimni tateria &.rQes. 2F< rvsten_c 5 sxe:.hirv to a it.
6 ta-fd-ar4 Gxalssim and tinder tre turrCL p esa-erne 6 9C Udr* it.. the 4 I' htistnry, the
cor'.._ m1y. chc ee . of the ttiidip 4s oie,o -mi. : ;gsax;: !s it'' trat tidit it Sect: in t1a 16095-ancl t'e `azt
8 :txS:.-v3 i2er :or- is toosidez d. : hoer'. tire utly th_;a : teat :s L'e oldest Lett cans tlz e. ,Tare are . :....d
5 L}.xt is zr. oxrvieY. of L'e Historic Fatxtarti o artol herder :ceases z the facade at the sick-.elY. '.e a:.
2C orrsssim. c -hr t'a rae arininti orate. ittrt p1m. chat eein-t a'4a. tiF
3x re iypj is aL'-cs artr tpeat iaar yv: _ .e~.•..e:i i-n the Pic_.:r^_. :.v^ F thy aof Lieei that Lherr's
32 c4'2 taw rn --m. lim- 2 a hi!Ui:G that is tf tills age and Lhis tiarrl of h!stury
_-11 c`y. Liar t< stwld do .
i'= ae car. to ptcser-< it.
4 +1. ape'. ire :s t!x rpi kart here? : t ;.lr. i. Ltis wan desi¢•a:m tiley Will
15 Ki..:A.-:+.: ~a• s piica- is nx hem- -5 `ail 's ¢ kef4-e tie Hisz it- xatear5, CRtcissim txfA^e
is - l;rlGSSfQ.::. ~ Rte: Nee here. May. :6 Ia ' to it, stood, Cf aY'S ua: lager of.
17 sxalae,cat .1w. life to. ts+a2 fc :'is? : tas<e p-r[' ito resin for !v--iro gtreratims. t'.-
M1. ;Sao ti, ai +.r :ws that.
lE'..__.F:.w__: rot :r. this. TL's for C}M~.Q.'EP E{'aF.TtX;: I v-xren a-d tie
20 :txe_tice. c'.-ne E g.s,ss :;r txrrem is ~'at is -
u}Lr=iS_3' M1LL?^5: 6kay- Patple to spea< . is ae sr ni:p liua to
a==>a'ly tb d?:.hi.•r?
< aroma` _l s :et:t m? :C oe to tpaatt 'c'- are m x tc _ !t=_ :.U.
23 speak a•:a=t :t ahem, Walter. 2 i C:Fn:Si;cf2P 31~EERI:: (YaJ. -
34 t52t_5r:a]~ tXi.1:i: >iti:. acv. X_•'_ Mt. (Z=c: iiete'a nothir. Ltxt ft.'tg ~tr_
25 Caira._ ?v:ie. F staid 1_.e tt ask. :hat- -as t 1a:t =r 75 tc to a,_-.•-r!t. 3: scar:r! t?y r nii w do .c:.ire u
STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9797
PLANNING AND ZONING REGULAR SESSION FEBRUARY 6, 2008
4. 5:
! pa'.."... Rt¢ x6~' VY)':?q•:.'p CG ~tw :C C12 'L
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4 orie- !A ?:dtmtP9 t` des:m to cl5 ❑:ii3:.m =r c a ,
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9 Beet's m_ im :o c`.'r+ae a csYS 9
10 .Ya. (ifA£t: I c~.'t. tel: •:v: emrly. !<e
11 did [W~~ 0.'rR tr_o=-on, 6'd F 9fa Y11 L~IC'v CL"eR .
:le :93i Laz mcadl. :tYrt the by;:di _ ~ `.a,-i, it-X _ 3^. :2
13 to ho• yen hilt. to the IRMss. Az3 tYat•s reelly e 1 c 13
14 haie to a0 m ot'Yr 4S: YsC gts1t y h:8tp.^_C pl=tM Sd sare 14
15 tss Wj bvoks, +c_C: looks liii :he '43 p:c:ze is p:cty IS
16 close to t.`e crin!.-al [here. N- at, tF--s ,ro•_t, I dz:':16
17 bat hLa plan ate ro the a er:c-. -7
18 ~14SS'R~1 SY2E~:: a;a~.
19 (STfLS^sI T 4c.Y=.`5: A-y ce`e- qrF hors? i9 - -
20 L•i-i. jOJ. &-jooe w speak !9? A^}srx t0 RF w3e:x? "1 _
21 I'll ci¢e ehe p'viic tm-lm Zl - M=css!mi Itt!m?
22 @ MYIar TYM I s .v ajoprcav. c
23 CDSG6SIQR3l1a39.5: ebecal, 21 .
24 Qxtr.!SSiGS 'Rrses. 24
25 mKSSIMEER LYRE: I'll aet L 25
so 52
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2 T.ie dil to daa:gntim of do .dirty belted It 122 ::ar_ 2
3 Imtst S:rhet as a tisorie lzc ~ order a im 35.7-6 Of 3 .
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STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9797
s;lo~r documentslresal~rtio~s1~81atm show cause rosoluti~~.dac
RES~LUTI~N N~.
A RES~LUTIDN CF THE CITY ~F DENTCN, TExAS, DETERMINING THE CURRENT
RATES GF THE ATOS ENERGY CDRPDRATI~N, ~VIID-TES DI~ISIGN TO BE UNJUST
AND UNREAS~NAELE; PRGIDIN FAR REASONABLE NDTICE AND HEARING;
FINDING THAT THE MEETING CDMPLIED KITH THE OFEN MEETINGS ACT; AND
DECLAI~INCr AN EFFECTIVE DATE
w~HEREA, Atn~os Energy Corporation -Mid-Tex Division ~"Atmos"~ filed a Statement
of Intent with the City of Denton, Texas ~"City"~ on September Zo, 2Da7 to increase its system-
wide, annual revenue requirement, by approximately 51,E million; and
WHEREAS, the City is a regulatory authority under the Gras Utility Regulatory Act
~"C~URA"} and under ~ 10.001 of CrURA has exclusive onginal jurisdiction over Minos' rates,
operations, and services of a gas Utility within the n~unicipality~ and
WHEREAS, the City has, by previous ordinance or resolution, denied the requested rate
increase, authorised participation in a coalition of cities known as Atos Texas Municipalities
~"ATIVI"~ and authorized the hiring of lawyers and rate experts; and
WHEREAS, Atn~os has appealed the pre~rious ordinance or resolution to the Railroad
Commission of Texas, which has docketed the appeal clang with other appeals as Gras Utilities
Racket No. 9~~2; and
I~REAS, ATM has conducted extensive discovery upon Atmos and has engaged in
extensive negotiations regarding the appropriate rates and rate structure for Atn~os; and
'V~HEREAS, Atmos and ATM have entered into a settlement agreerrient resolving all
disputes regarding the appropriate rates, terns and conditions for Atmas; and
WHEREAS, Atmos and ATM have determined that the best method to implement such
settlement agreement is to have it approved by each A.TM city; and
AREAS, in order for City to examine the settlement agreement, it must reestablish its
anginal jurisdiction over the rates of Amos; and
WHEREAS, the gas Utilities Regulatory Act authorizes municipalities exercising
original ~unsdiction over gas ut111t~es to issue a Shaw Cause as to their rates, terms and
conditions, NGw, THEREFORE,
THE CITY CGUNCIL GF THE CITY GF DENTGN HEREBY RESGLVES:
SECTION 1. The staterrients set out in the preamble to this Resolution are hereby in all
things approved and adopted.
Lm
s:laur doc~mentslreso~uti~~s1081atm s~~w ~aus~ resal~tio~.doc
ECTI~I~ Pursuant to Utilities Code Section 104, ~ 1, the City finds that the existing
rates, terns and conditions of Atmos are unreasonable and determines that Atn~os should Show
Cause why such rates, terms and conditions should not b changed.
~CTI~IV 3. In light of the fact that a settlement agreerr~ent has been reached between
Atn~as and ATE resolving alb issues, it is reasonable to proceed to a hearing on the settlement
agreement wi.t~out additional notice to Atos and it is reasonable to hold such ~iearin at the
same city council meeting as the meeting at which this resolution is adopted,
~CTICN The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas open Meetings Act, Texas Crovernment Code,
Chapter 5~ 1.
ECTI~l~ 5. This R.eso~ution shall become effective from and after xts passage.
PASSED AIVI] APFR~~ this the day of , BOOS,
PE1Y , Mc~EILL, AYDI
ATTEST;
.~~NNI~`~ wALTEIS, CITY SECRETARY
APPROVED A T~ ~,~AL FDR:
El]nV NYDER, CITY ATT~R.NEY
L~
BY: '
i
gage 2
Lm
s:laur dacuments4miscellaneousl~Slagen~a info sheet - settlement agtnt resolution.doc
AGENDA INFORMATION HET
A~~NDA DATA: March 4, Z00$
DEPARTMENT: Legal Department
.~Ohrl . ~nlght, Deputy ~lty Attorney
consider approval of a resolution of the of pity of Denton Texas, approving a settlement
agreement between Atmos Energy corporation, Mid-Tex Div1slon and Atmos Texas
Munlc1pa11t1es; declaring existing rates to be unreasonable; adopting rate adjustments consistent
with the ettlem.ent Agreement; finding the rates to be set by the attached tariffs to be just and
reasonable; fending that the meeting con~pl~ed with the open meetings act; requlr~ng delivery of
this Resolution to the company and legal counsel; and declaring an effective date.
~.E~UTI~l~ IN R.A.TE RE~,~JEST BY So°I~
Atmos requested a $5~ million rate increase, The settlement provides far a 10 million increase,
this i more than an 50°Io reduction in the requested increase in rates. Under the settlement,
residential rates v~ill increase by 2~ cents per month.
Atn~os Requested Rates settlement A eeinent
I~r~rrent .~tmos Req bane ettlement~han
Monthly Monthly °Io Monthly °IQ
Bill Bill Bill
ResidentiI 5.99 $57.07 2.OS x.77°Io $55.19 $0.2.0 0.7
~us~ng ~.4 Mcf °I~
p er month}
ommerc~l X296.15 305.3 921 ~.11~I~ $2~.~0 $3,48 1.15
fusing 30 Mcf °Io
per month}
RYP I ELIMIN~.T~D
Atinos has been making flings annually under its Oas Reliability Infrastructure Program
~"ORIP"}. The agreement calls far the end of C~RIl' flings. It will be replaced by a Rate Review
Mechanism ~"RRM'~~. The RRM VVil1 perrriit participation by ATM to review each expenditure.
This was not possible under the flings. Under ~R~, cities did not get to review
expenditures for reasonableness or prudence.
I~NREA~ I FRAN~HIE ~OMPENATI~~'
The settlement also provides that as a member of ATM, the city council may increase franchise compensation up to 5°Io of gross revenue. ATM will provide the forms for making the
request to
increase franchise compensation.
ATM., TO DYOU PIF~,,LIIV~ FRO~TE'~ ~UARTEI~
Atmas v~i11 meet quarterly with representatives of ATM to discuss pipeline projects and other
capital expenditures so that ATM pities can have dialogue about such investments.
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s;lour ~ocument~l~niscellaneaus1~81agenda info shit - ~ettiernent a~rnt resolution.doc
~~NER~~ATI~1~ PR~JET I~TZATED
The ettierrient calls far a conservation program to initiated which is aimed at modest income
customers. AT~VI will have input in developing the program. To start with, ratepayers and
shareholders will contribute 1 million to the program.
FI7ND ARE PR~VIDE~ FAR RATE REVIEW
The ettlemment provides funds for consultants to review the changes in rates caught by At~nnas.
Such finding was not available to review the annual GRIP f Alin s. g
CUT~IVIER HARE REI~UTI~N
~n October 1, 2~a8, the residential customer charge is to be reduced from I a.~~ to $7.a~ and
the commercial customer charge is to be reduced from $2.28 to $13.~~. These changes promote
conservation, They provide an incentive to use less gas. In general, law-income customers and
low use small businesses will benefit from the custarner charge reductions.
IPR~VEIVIENT I~ RATE REVIEW 1VIEHANIIVI "RRNI"
AT1V~ began its negotiations with At~rios by focusing upon the RRiVI Rider, which had been
agreed to by another group of cities. fiver ~0°I~ of the RR Rider was redrafted. The changes,
which were made to the Rider by ATiVI pities, should result in significantly reduced rate requests
from what Atma could have requested under the prior version of the RR.
EPEE RE~VEI,~ ~"R~1VI RATE FILIN
Atmos has agreed to rm.ave all of the following types of e~penes from any RR filing,
• Amounts incurred far travel, rnea,Is or entertainment of employee spouses.
• Amounts for a1r travel that exceed published corrin~erc~al coach airfares.
• Amounts incurred far hotel rooms exceeding 2.a per night inclusive of taxes and
fees assessed on such raan~s.
• Amounts far alcoholic beverages.
• Arnount~ paid for admission to entertainment, parts, art or cultural events, and all
event sponsorship casts.
• Amounts for social club dues or fees.
RE~NIlVIENDATI~N
ATiVI recommends that the Sett~err~ent Agreement be adapted. There was a serious rise that the
ultimate increase to be awarded by the Railroad Cam.issian would be considerably higher than
10 million. Taking into consideration the benefits set forth above, the Settlement Agreement
with the attached tariffs and riders is i~ the public interest.
Respectfally submitted,
ahn 11~. Knight
Deputy City Attorney
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s:lour doeumentslreso~utior~s1~81a~ settlement res~lut~an.doc
i
RE~LUTIDN N~.
A RESOLUTION DF THE DF ITS QF DENTIN, TEAS, APPRCINC A SETTLEMENT
ACREEMENT B~TEEN ATM ENE~C~ DRP~RATIDN, MAD-TES DI~ISIDN AND
ATMQ TEA. ML~NI~~PALiTIES; DEf,AR1NC E~STINC RATES TD BE
UNREASONABLE; ADDPTINC RATE ADJUSTMENTS INSISTENT KITH THE
SETTLEMENT ACREEFIVIENT; FINDINC THE RATES TD ~E SET BY THE ATTAHEI]
TARIFFS TD BE JUST AND READNABLE; FINDINC THAT THE EETINC COMPLIED
wITH THE OPEN EETINCS AST; REUIRINC DELI~IERY ~F THIS R~~LUTIDN TD
TI~.E OOMPANY AND LEGAL COUNSEL; AND DELARI~NC AN EFFECTIVE DATE.
WHEREAS, the City of Denton ~"City"} is a regulatory authority under the Cas Utility
Regulatory Act ~"CUBA"} and under ~ ~ 0~.0~ 1 of C[JRA has exclusive original ~ux~isdiction
over Atmos Energy corporation -Mid-Tex Division ~"Atos"} rates, operations, and services
of ~ has uti~tt ith.in the uni~ipalrty; d
WHEREAS, the City has participated in prior owes regarding Atos as part of a
coalltlon of cltles known as the Ages Texas Munlclpallttes ~"ATM"~, including Railroad
Con1m1~~1on Cs Ut1l1t1es ~"CUD"} Docket N0, X400, numerous filings by Atn~os pursuant to
Section ~ ~4,~ ~ 1 of CUBA, and CUD Docket No. G7o; and
~ H~~EA, ~"Atmos"~ filed a Statement of Intent with the City on or about September
2007 to increase its system-wide, annual revenue requirerrlent, by approximately $51.9
million; and
WHEREAS, the City has, by previous ordinance or resolution, denied the requested
rate increase, authorised participation in ATM and authorized the hiring of lawyers and rate
experts; and
WHEREAS, A.tos has appeared the previous ordinance or resolution to the Railroad
commission of Texas, which has docketed the appeal along with other appeals as GUD No,
7~~; and
w~HEREA, ATM has conducted extensive discovery upon Atn~os and has engaged in
extensive negotiations regarding the appropriate rates and rate structure for Atmos; and
wI-IEREAS, Atmos and AT1VI have entered. into a Settlement Agreement resolving all
disputes regarding the appropriate rates, terms and conditions far Atmos; and
WHEREAS, Athos and ATM have deterrrllned that the hest method to Implement such
settlement agreement is to have it approved by each ATM city; anal
wI~REAS, in order for City to e~an~ine the Settlement Agreerr~ent, it has
reestablished its original jurisdiction over the rates of Atmos by issuing a Show Cause against
Atn~os; and
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s:lour do~umentslresolu~ions1D81a~rn se~tlerrrent resol~~ion.doc
wI~EREA, the pity has given reasonable ~rotice to Atnros regarding the consideration
of the Settlement Agreement and
wHEREAS, the Settlement Agreenent will resolve several previously-litigated uses
and will resolve all issues currently pending before the Railroad ~ommissron in ~r[~D o,
97G2, as well xs issues relating to franchise agreements with Atmos; and
wIREAS, the Settlement Agreement iil result in Atmos receiving a $ ~ ~ million
system-wide rate increase, which is significantly smaller than the ~51.~ million sought by
Atn~os, and
~IEREAS, the Settlement Agreement creates an experimental and expedited rate
review process ,exiled the Rate Review Mechanism ~"RRM"~ in lieu of the Section 104,301
frlings, which will allow far a consideration of both increases acrd decreases in expenses and
investments and will allow far increased participation by pity regulators in future rate eases;
and
wHEREAS, the RRM will also allow Atas a greater opportunity to earn its
authorized rate of return, but no more, by use of a "true-up" calculation contained within the
RRM tariff; and
wHEREAS, the Settlement Areerr~ent calls for reduction in customer charges for
residential and commercial customers and
wHEREAS, the Settlement Agreement excludes specified expenses from recovery by
Atas; and
wH~REAS, the Settlement Agreement contains a "most-favored-nations" clause that
provides pity with the benefit of any other RRM settlement or any other settlement of the
issues related to the September 20, 2007 Statement of Intent or ~U~ Ida. 972, under certain
conditions; and
3EREAS, the Settlement Agreement authorises other changes in rates and tariffs that
should enable Atmos to provide efficient service at reasonable rates and provides for the
reimbursement of ATM expenses; acid
wHEREAS, the Settlement Agreement provides for quarterly meetings between Atmos
and pity representatives in order to improve communication and cooperation; and
wHERAA, the Settlement Agreement provides a n~echanisn~ for the pity to amend or
renew its franchise agreerrrent with Atos at 5°Ia of gross Revenues; acrd
WHEREAS, the Settlement Agreement resolves numerous cases currently pending on
appeal and provides far payment to ATM associated with such cases; and
Page 2
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s:lour ~ocumen~slresolutio~n~1081~ttn settlement resol~tion.doc
wHEREA, the City desires to avoid the cast ~ uncertainty of litigating the cases at
the Railroad Comn~issian a~ad the courts; and
wHER~AS, the ATNI lawyers as well as numerous representatives franc the ATNI
Cures have negotiated with Atmos on several occasions; and
AREAS, the ATI lawyers have reconnnended the approval of the ettlen~ent
Agreement; and
HEREA, the City has exarnlned the ettlen~ent Agreement and its attached tariffs,
rates, terms and conditions; and
WHEREAS, the settlement Agreement as a inhale is consistent with the public interest;
and
WHEREAS, the tariffs, rates, terms and conditions attached to the Settlement
Agreement should be found to be just, reasonable and in the public interest; N~~U,
THEREF~PE,
THE CITY C~~TNCIL ~k' THE CITY DENT~I~ HEREBY RESLV~E:
SECTION 1. The statements set out in the preamble to this Resolution are hereby in all
things approved and adopted.
. . . ~
SECTIgN 2. Pursuant to Utrlities Code Section 1 a4.1 1, the City finds that the existing
rates, terms and conditions of Atmos are unreasonable and determines that such rates, terms and
conditions should be changed,
SECT~~N 3. The C1ty Council finds that the Set~lemer~t Agreement, which is attached
. hereto and incorporated herein as Attachment A, ~s 1n the public interest and is hereby endorsed
In all respects.
SECTIgI~ 4, The City Council finds that the new tariffs, which are attached hereto and
incorporated herein s Attachment B, are dust and reasonable and are hereb ado ted. Y p
SECTIgN To the extent any resolution or ordinance previously adapted by the
Council is inconsistent with this Resolution, it is hereby repealed.
SECTION . The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas open ll~eetings Act, Texas government Code,
Chapter ~ 1.
SECTION 7, A copy of this Resolution shall be sent to Atmos ~rlid-Tex, care of Jae T.
Christian, Director of Rates, at Atn~os Energy Corporation, 54~~ I~BJ Freeway Suite l X00, Dallas, Texas 75~~4, and to Jim Boyle, Counsel to ATIVI, Herrera
and Boyle, PLC,
Congress Avenue, Suite ~ 1~0, Austin, T 78701.
Page
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s.lour docu~entslr~soluttons1081a~tm settlement resolution.doc
SE~TI~N S. This Reso~utian ~ha~l heeon~e effective from and after its Passage with
rates authorized by the attched Tariff to be effective in accordance nth e te~.ns of the
Settlement Agreement.
PASSED AND APPR.~ED this the dad of ,
PERRY cNEILE, MAY~~
ATTEST:
JENNIFER ~VAI~TERS, CITY SECRETARY
BY;
APPI~~ED AS T~ I~E~AL ~~R:
EDP , SNYDER, CITY ATTORNEY
BY4 r
Page 4
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ATTACHMENT A
i
ETT~Nf~N~ AGRE~N'~' B~'Tw~~N A'I'D} ~ER~~' ~RF.
D~IQN Ai1~ A~'~~VI~ TES ~Ci~A~ITI~~
settle~~t a~"eeent is ~n•ed Ito and ~ At~,os ~ner~ o
~ ~ id~~ex ~ivisian and ~t~nos ~`exas ~unici~a~ities whose me,be~~s include the Cites
of` Austin ~a~ch Springs, Handera~ Ba~tle~, Belton, ~lao~g eve, Aryan, Camera, ~ed~{
Park, Win, Canrm~, ~er~s Cove, Corsicana, Benton, B1e~ra, ~r~ede~~cksburg,
atesvir~e, ~reorgwn, oidthwaite, Grbury, l~eene, roesheok, Ha~iiton, Hsi
H~c~ory Creek, Hlco, .hsbot~, Hugo, Berens, Ilampasas, r~eander~, ~o~et~ ~angv~iew, dart,
tea, ~1ney, ~'~uger~rilliey Range} dice, RieseY, ~Qge~~, rood Rock San ~igero, aver; . ~mer~e, ~ Ha~~or~, Trinidad, Txvph~ C~uh, and whttne~; ~d
AT~I is a~ a~t~ve intervenor ~fernera~ o • ~~t~n~ ~'iied ~,~os~
~n~y ~orporat~°on to Irsc~~a~e ~t~~i~ ~a~es ~~t~~n tie ~Tr~~ra~o~po~~a~ r~ '~~~u~d by ~~e
~itrnos ~t~~r~r C'o~p,, J~~vi~ion, GUI cket ~o.. 97~~ ~ the ~a~road Coi~sion of
~`exa5 ~"o~sSl0I1"~~ a~~
• , ~T~Vi has hh~ed e~rts arYd .hers to a~y~e the rates and ~xde~~s
~r~oposed Enos Bne~~gy harp .'s, ~d•Tex D~i~.siou ~"~tmos" "ompan~'r ~
rocket ~o.~ 97b~; and ~ ;
wHB.BAS, the etde~exit A~[~eer~ent resolves ari iss~zes between Amos and ~T`I~
~"thy ~ignrte~"} ~~egd~,~,~ T. `o,. ~7~, hick. is ~~~ntl~ ~eridi~g hei~o~~~ the
Cos~ion, ~ a ~,er~ that the Cigna#ori~ be~e~re is consist,t wi#h tie public Merest, and the ignatd~~es r~epr~esent di~~e interests; .and
, the signatories believe that the reso~udon of the issues ~~aised in
octet ~o.~ 7~,~ can best be accompli.ed by each A~ appm~ this et~~e~nent~ a
gemt and the rates, tees and corrdi~ons ~e~.ected the tariffs attached to th_ is ett~e~.t k
A~reenent as ~xhibat A;
TIE~~R~, in consideration o#' the rnutu agree~ts and v~aant established here the signatories, through their ~and~igned r~epr~esentati~es, agree to
e
foriOwing Settlement Terms as a means o#' ~y ~esolvrng ali issues ~ e penpg ~
between the Cities and At~os;
S'e~~~t~nt 1 ~err~s • i I
• i
~ , Upon the execution ~f'this e~iement agreement, each ATM' ci wili issue a ho
cause against A#m~s, foilovr~ng app~~oprzate cxt~r prFocedu~~es., Aer~ the Issuance of the show cause, Atoms and the ~~.nsei for the cities wiry recommend that an
ordinance o~• ~~solu~on be adopted to ap_ eve is e~lient Ag~•ee~.ent and
irnpien~ent the r~ates~ tee and condi~ons reflected. in a attached to this
e~1ne~at Age eem~t as E~.bit Said shouid a~~o~ ~trnos an additianai
m~l~on in aunua~ ~~ev~nue by ir~p~eme~tation off' rates shown in the proof of• ~
revenues attached a,s ~ibit ~ , The inform. implementation o~• gas rues, teems and
condi~ians established by this Settiemen# Agt~aer~t shad be e~`ective for bills ~
render~cd on or~ et• arch ~ a ~~08, or~ as soon ther~e~~ as the city adopts an C
1 4 I
1 i
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ordinance or~ r'esalutiorl to irnplcn~ent far' the ATE city ~e ~~,#e, teems, end
candi~ons reflected in the tar's attached to this Set~le~ne~.t A ~eemeut~~
The net plant amount o#~ 1,~43,d~7,~a6 is reasonable #'or~ the plant fat is use. and useful ~ p~v~.d~~ has utility seice~,
an effort to s~~n~ne the regulatory review process, Atnaos and ABM have ,
agreed to undertake a new ~necha~.sn~ fo~~ revicw~.g the a~ 's cost o#'serviee
an, an atn~ual basis~~ The new mechsm rs known as the Rate Resew lechanisn~
~"Rider RRIV~'~, Rider RR pruides ~or~ an annual gate ad~tmcnt t~ reed
changes in detern~nants} opeling and n~ainte~,ance expee, depr~ec~atior~
expense, ~ther~ taxes expense, and revenues as wfl as changes capital in~es~nent and asa.ated chane~~in grass t~ever~ue related taxes..
Atmas and A'r agree that the Ride~~ ~ shad. b~ nple~nen#ed aunua~y ~ve~ ~
th~~e-y~ar~ trial ~e~iad.. ~n yr ae~~ I~e~o~ber~ 1, ~a ~ any AT~VI x~y that o ~se~
the cantmued use of the der ~ to set rates fo~~ areas t its a~~g~na~ ;
,jurisdiction shall provide written notca~on to the Company of this fact., Such
notice shall be r~ded na dater ~ than ~~anua~ 1, 11 „ ~ y ~n rhe~eipt af' such .
written natcati~on, Atmas ~ crease mang an annual Rider RAC filing with the . n~~~g A'I',~i Cif and instead, shall ~i1~ a general rate case with the nati .
i a R .1 ~ arty within ~~ghteen months fl~am a date the no~fica~an received. by ~e
onrpany., The last ef~ec~ve ra#es uu~e~~ the Rtde~~ ~ shall rein in eec# far
the na~in ATE qty unto such tie as new rates a~a eslished ~o~~ that city in a
gin .te case.. the absence af' such notification, Ride~~ RR~ ~i can~nue
~sub~ect to any changes that may be ~ar~eed ~a in writing bween the A'T Cues and
A#rnas,.
i i 5~~ Ammos agrees that ef~ectYVe wt the implementation a~' e ~ ~ rate
adjus~aaen Amos shall ~le with the ATIV! Cues a r~e~ised Rate Residential dales
Tarim' to reduce the customeY~ chat~c per bill from $10,~~ per' month to 7,~0 er~ i 5 ~ ~l
month and to increase a ~ou~netrfc poio~ ~f'the rate shown as $1.71 ~ ~i'bit
A~ to the appropriate level to reflect the ~eductian custa~er~ change fl~am $1a.,G~ to
7,.~~, well a~ to r~ef~ect any eha~ge rutting fl~~m the RR~I ia~plementat`ron.,
Atmos fmther~ agrees that e~fee~ve wath the iplernenta~o~. a#~ a fit ~ ad~u~tmennt, Atn~aa sha11 fl1e with the AT)~ Cities a revised Rate - commercial
dales Tarif#'to reduce a customer charge per hill fl~a~ ~~~_r~~ to 13,~~0 r~ month
d to inc~case the volumetric portion of the rate ~shawn as ~,714~ Exhibi# A~ to
the appropriate le~e1 to re~ect the r~eductian in cu,stomer~ charge fmm U,~~ to
1.~~0, a.s wed as to reflect auk change ~~esuit~ng Pram the ~ hnplemen#~ion. ~
'1`"he fi~sf ~ rate adjustment shall occu~~ October' f, Atmas and ~ A3`M
Cities ag~'ee that following the oaf R~ adjustment any subse~ut ~
i~plernentat~a~ o~ RR~ ad'~en#s shall he su lied as d - J ppo esG~xbed m tha Eder RR~i, and shall limit charges to t~esidenti~l and msnerc custom' char
a to
mane than ~~°lo ~ p`u~tlaer'~ the pares agree that any approved adjustrner~ ~ excess a#'
the ~~~0 1imi~.tion on the residential and corrnneroial customer charge shall be
recovered through the ~'aluruetrYC portion ~fthe rite. _
}
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GAS UT~.~'1~ DGCI{~'r N~}., 97~~ {A~D CgGL~A~'3 CAS~S~
~BRUARY i 4~8
The follo~g types of expenses shall be removed t~~arn epe and rate base
ma~rnt included within R~der~ ~ filings for each Evaluation Period and
_ corT~espanding date Effective Period:
~ nounts incurred fir i~vet, meals ar entertainment at' employee douses., Amounts for air' ~'avel that exceed published conaeial coach air fares,
~ Amounts ~n~Y~d. fo~~ hotel rooms exceeding per' night inclusive af'ta~es and
fees assessed on soh s~ooms.. ~ -
Amounts fo~~ afc~halic beverages,
A1naunts paid far adn~ision to enterta,~n~nent, spoils, art er ctur~al events, and ~l
event sponsorship casts,
~ Amounts far social club dues ~r~ fees., .
7,~ kith aspect to the lM, ~t~os ~th~ agrees to pay all reasonable and necess
expenses of each en~ty hsving a~iginal ~uriction that ~ incurred to review the
Company's a~u ~ ~ , Athos further agrees ~ that i~ calcnf sting the
p~~posed rite far any date Effec~ve Period, the Company shall not include; and
external .1ega~, expert; ar~ cor~ultant cosh pr~~e, and~ar~ provide suppor~ve
~nfo~ma~.~n t~elated to r Wig; a~~ r~inaabur~sements to ori~ ~~uisdi~~on
- entit%es.~
iVutv~thsta~nd~g par~~gr~aph of-this et~ement Agreement, Atmos and ATM agree that in the event of an appeal an ori~ ,~urisdictian entity's decision regarding a
pr~opased ~ adjusnent, revery of Y~ate case expenses shall be determined
- - accoing to Chapter's l43 and 144, Tom. U~, BODE l~urthe~~, in ~e event af'
such app~s~~ Atrnos shall r~ecover~ any ri.mb~e~e~t made the original
,~l~r1dlCtla~1 ~ thr~crgh ~ Sllr'Char`ge t~3 a~, ~~,$~p~~' I"a~es that SUb~~Ct t}~e
ommi.ssion's ,~u~isdiction in that~pieeding or' proceedings that rnit be joined
thereth, ~~egardless af~ ~hether~ such rehnbur~sernents are made dining ~e i~t~
review period or appeal period~~
i - ~t ~e inten~on af' tha ig~a~r~es that the ATM Cities receive the benefit o#' any
agreed upon annual ~ ac~~utm~nt ~ Amos ent~r~s into Frith any atiier' RIM- s
implementing city ~rithin Mid-Tee division duxin the same ears. Therefor g ~
Amos agrees that ; as determined by the ~'TM Cities, the annual RRM ad`ustment -
agreed to between At~os and an ~-plernentrng c~t~r rs more bene~.c~al to the
- Cues} Atn~os mill the more beneficial annual ~VI adjustment
available to the ATM Cities for' adaptxon~, - }
The A'~M Cities agree-that they ill not challenge the leggy basis of'the zates terms
and conditions reflected exhibit or~ an annual RRM ad'u.stmentthat is y ~ ~
irnple~nented pux~uant to lidexi ;
~ Atmos and the ATl1~ Cues furth~~ a~ee that the exp~~ terms of the Rider ~M
are supplemental to the ~.g, na#ice, regulatory tiew, at~ ellate ro~ P P
press of the ratemaking p~avrsrons of ` Chapter ~ 0~ a#' the ~`exas t~i~es Cade . the statute ruixes a mandator~r action ori. behalf of the municipal regulataty ~
i authority ar Atmas, the par~~ will fnllaw the provisions such statute. If' e ~
statute allov~rs cliscretzan an behalf' of the municipal t~egulatory authori ,the A'pM
f
i
1 1 ~1~1 # 1i~~ir~'1G1~1 i
BAs ~ nor ~~~~~r~~ ,
and} upon i~plen3entation~ he apptied d~rtly to e gas conerva#~on materials and
supplies . .
l ~ Atrnos and e Cities ag~~ce that the Company's requested revision of `its
weaet~ norma~i~a~inn adjustment ~"N,A'~ echas~ is appropriate and should
be app~~oved as set earth in whit A to this e~tlexnent Agreement, Specifically, the
~~evision excludes n.on;v~eat~er~ sensitive aaner~i customers and madi~ies the
wlidA meahani to ca~.culate wliTA adjustment based on weather stations at a
regional level rather' than und~ the cuz~ent practice of associating ail customers with
a ~e wea~acr~ location fo~~ purposed o#' determining the wNA ad~u.sent ,
~ ~ : Athos and tha A~ Citiesagree t the tbxe~-~t~ ~a~ cost review p~oce~~ that is currently ~ eff`e~t ~or~ the ~d-Tex division, aboard be elim~ated, Amos d the
' .ATM Cities er~ agree to cotlabor~ate to ~lish an alternate Doers wherein the '
prudence of g eost~ r~eca~ered dough the lder' ~ can be addressed. LFtrt~ sn
agreed upon replacement mechanism has b~ establhed, the current gas cost
reviv prace~s sha11 r~enn effect, nmess changed by orde~~ ~f'the Cor~nission,
~ S.. tt is the intention of ~ e ~ign~arYes that the ATM Cities ~eive the benefit any .
se~Iement agrent fat Athos enters into with oda~ e~ti~es arising aut o#' the Septemb~~ tatemetzt of ~nter~t or' BUD ~o-: ~7~ consolidated cases} or~
any associated appe~ of a., Therefo~~e, Alas sg~~ee that i#'the rtes, .
r~evennes, terns and conditions, or' benei#~ accruing to the settling en~i~ would ~e
mare beneficial to the A'B`M Cities than the terns af'this Settlement Agreent~ as
deterred by the Cries, such mane favorable rtes, revenues, terms and .
conrdi~tiuns, or~ benefits shall addi~~ly accrue to the A~'M des-. S~xnilarly, if'the
p'inal Or~der~ in UI~ 9~"~2 or~ orders r~esu~.t~,g from any associated appeal are
determined by the ATNi Cities salt in rates, revenues, terms and condi~ona, or~ berrei~its that a~~ orFe beneficial than the terms or' this Settlement Agtm~t, such
~ more favor~~ble terns, revenues, terms and cond.~,tions shall a~dditiona)~ accrue to the
Y ATM Cues., The ATM Cues' exercise o~'this ri.t is condifioned n the ATM
. , ° , Ci~~' acceptance of ail later, revenues, terns and candrtia of the ~mal Order m
BUD 'Q~ ~b?~ i~ ~o~o„ ~f ' t~ rs a subsequent s~ement ag~~eement arising out of `
the eptembet~ ~4, ~aD7 taternent of tent ar~ U~ 'o„ {consolidated cases
or' any associated appea~Is off' CLAD ~o„ ~b'~2 that is deemed by the ATM ides to be
more beneficial than this settlement Agr~ee~ment, the ATM Cider shall be required to ~ , accept ail of the rates, Y~evenues, turns and nditxon o#' such settle~ent~ ag~enent
a~ too.,
19 Atos and the A'r Cues agree that a,~ reasorle rite case expenses directl
y incurred by Amos in conneon with the Septe~ab~~ ~0, ~00~ Statement of ~ter~t
filed an behalf' of its Mid~Tex ~ivrsion through ~ebr~ary ~9, ~408~ as well a,s all
expenses rebur~sed to the A'~ Cifies for such comes shah be recaver~ahle through
a surcharge tc all customer{ ~~ates within. the ATM L~itiesi 'rhe amount to be 4 recovered threug~i the surcharge to custanrer~s within the A'T',M Cities
sha11 be
determined an a pro rata basis, consistent with a ATM Cues' percents a of #o
id~Tex residential to ad The sur~hsrge ~ he recovered over a t~ty-six month
period bcg~g in April 2~4~, a~' as soon th~er~ as approved by th,e last
1
. GAS T~TII,~ DST gyp., ~~~2 {A1~ID ~NLID,A,~E~ ~A~S~ -
ATI City.. ~~nas further agrees that it will continue to ze+bu~se AT~i pities for
the rate case expenses incurred cannec~€an wig the September' 2~,
eta#ernent of ~nten~ an a ~on~ bads ~ ac~v~~d~nce with ~e ar,ee~ae~t entered
between Signatories on October l5,
2~ ~ ~4~m-as and the ~i~`Nf ~itie~ ar~ee that Atm~~ mar ~e all fine filings, inelu~in, ,
but not limited ta, the a~ual RR adjustment and any tate~en#, of Intent ~i~ing
with a ~T pities an electt~onic bads, rather than by paper copy.. Electronic
~ i~gs shall fill the I'equirents of'r~~~~ OJT o~~ ~ ~ ~ ~3 . The appropriate
~'I'l itYes r~epresentati~ve shal.i provide a list af'the A'I'D pities tv ~~nos by Iaxch - -
l, ~U~~, and agrees to na~fy ~.trna af' any change in the AT~i ies ealitian -
v~thin 4 days o f the of ~ective date of ~ any such change in order fo~~ ~tanos to maintain adequate service records., ~.trnos fintherF agrees to ~e paper' copies af'
filings available to any ~."T~C pity that requests a espy,
~t ~ ~ the spirt af' prop ccn~munica~tion and cooper~ati~n, Atmos agrees to initiate -
gt~arter~Iy meegs with the ATM pities to provide infoin~ation, answer questions,
and reive input fraru the ~T pities Capital proje~ in the rigid-Tex
se~~~e~ territ4ry~. As part af' the quarterly ~.eetings, At.os wih update the ATE
i~1es of` its aetivi~ies ~ the cities, as well as any se~~rice related issues associated with a pr~oviaio~ of gas utility ser~ces to ATiVI city custorns,~ AtYnos and the
~Tll~ Litxes will wot~ coop~~atively regaz~ding the level c#' project detail to be .
presented at a quarter~iy meetings~~ Lln~il changed by the parties, the level of°
prod ect detail supplied by ~taaos at such meetings ~l he sit~il~x to the pray ect
sp7~eadsheets an DRIP projects a~ached to the ~refrled di~~ect test~n~r of Tames „
Power in ~o , 97.~ ~trnas shad nvt be ~~quired to obtain the prapproval of
the A'~ pities to pace projects in ser~ice~~
. A#rnos and the A.~ Cities agree that each AT~i city should appr~o~e this Se~len~ent
h Agrenent and a~d~pt an ordinance or' r~esolu~on to implement for' the AT1Vi ides
the rues, terms, and conditions r~efleeted the tae`s attaches to this etflement
~gr'eement as Exhibit
.
~3 . 'T`he Signatories agree ~ the terms o f'the Settlement Agreement are interdepe~dt
and indivisible, and that if' any T.~ cif enters an order that is inconsistent wig this
Se.ernent Ag~~eement, then any Signatory nay withdrew without being domed to have ~vaived any paaeedural right ar~ to have taken any sul~stan~ve position on any .
fact or~ Issue by virtue of t ignary's envy in~a the Settlement ~Ag~eernenf or' its :
subsequent withdrawal., f 'any ATII~ city r ects this Settle~,ent ~ cement, then.
this ettlcrxient Anent shall be void i~~tia artd counsel foz~ the ATM Cities ~ ~ 1
shall ther~eaf only take such aeons as are accordance with ~e Tees y
Disciplinaryul ofPr~fessionaf Conduct,
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Atlnas agrees that it wig accept and approve a request pursuant to the gr~een~ent by - any mur~..icipality that is curntly r~eiving hanchie payment frrnm ~.e Carnpany to
execute or amend ~t mu~cipality~s applieab~e ~ranehise agrectnent inc~~ease the '
~ranchis~ fee payment payable by the Corrany under the terms ~f' the
rnuni~ipality's franchise agr~eernent to not more Haan ~°~o a#' dross Revenues has that
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~IT~~I~S ~OCET ~T~ SAND C~~~~L~DA~ ~AS~}
1 X048
L~xinon, ~ta~o, .~vr~gview, ~I~r~, ~earaa, So~e~vidl~, ornda~, ar~d
~i~e~ ~'r`i~ie~'~ a ~ai~r~oad otni~si~n Te~a~, f~ the 3~?~a
~~ict ou~t~ Travis punt, Texas. -
ause ~0.1~-~-~~~~~~0~~~1 ^ ~~y a,~'~ar~er {`rC'i~y'} 2~~ ai~r~~ad
'omrni~sidn o,~'Texas, i the ~~4~ D1~Ct (hut, T~~aVls aty3 T~xa.
4
pause Na,~ ~-~-~-~5~44~0~~ ~it~ o~'~]rt~o~ {"'a~y'~ v~ ~T~e I~ai~rFoad
~or~r~is~~an of '~`e~xc~~, In the ~26~' I~i~tr~ct v~rt, T~~~i~ gun, Te~casa
e. auSe f~-1-t7~-U~-~aQO~~ -W ~t~J 0~ f ~5~ ~~~,~t~„~ a ~~a~r`aad
vr~rni~~iurt f '~e~as, ~n t~~ ~04~' ~~rict C~u~t, TY~~ ~~u~y~ T~xa~.
a~ ~'o. I~-~-C~-~-4~~0?$ ~'i~a°es of ' ~~~c~ ~Sprir~gs, ~e~~o~ ~'~~n,
Ca~~r~ce, blan, ~~c~ra, paws, ~or~~t, ~f ~ue~v~~Ie, Saba ~
'e~ott~ {f ``iii' ~ ~e ~a~"aa~ ~~rni~s ian ~f ' ~'exas, fin. the ~4 i ~
Dis~~~t ~ou~t, T~av~s bounty, Texas,
~-F ~e o~~ ~]-~;~~4~-04"~~ - 'i~'~~ o~'~~rr~et, o~erraan and I~a~r~d ,~o~~
("L~.~ie~'} v~ T~~ ~ai~r"oad ~"o~nrnsio~t a'~xas, In the Dis~YCt court:
Tra~ris Coun~y~ Tex
a~ lea„ I~~~ ~~~4~a10~ ~~y o~ lip ("`t~y'~ a ~a~~rFaad
~ans~cis,~ion o,~~~'exa~, the D~~tric~ oust, T~~~i~ Co~nt~, T~x~s-,
i~, aue ~ I~-~ -~-~~~~0 ~ X95 ~ e ~~ies ~,~"Balch Sp~~~t~s, B~~t~~ ~rne~,
~a;an, o~man, ~opper~a~ G~~e, orsicar Dert~o~t, Dubdan, .
Fr~~de~~cb~ ~~~stt Ca~esvrd~ey o~d~~~ai~e, ~at~bury, ar~de~, - ~reenvr~~e, f~r~es-b~c1~ ~~~~~ar~o, ~ampasus, L~and~, ~~zo, ~ ~orn~~a,
~or~gview, e~ia, ~~e~vi~~e, ar~ge~; ~ae~~, ~r~d Ro~~ San Saba, ~
~`or~er~id~e, Trinidad and iey {"~4tnzos unia~pa~i~~~s " ar~ k
'~~fT'~ v. ~ i~~~ad ont~tssian ~f'~'~xas} In a~ 1~~~ f~lstr~ct ou~~,
Tra~ri~ Jaunty.. .
a~s~ o. D-1rG~T-O~-~~4~78 ~~r~a~ ~'eas ~rlrcn~ca~ali~~s v.. a ~'exas
~aidroad ~mis~iot~ o,~~ ~`~as, ale 2~~st s~~et ou~~ T~~.vis bounty, - Texas~~'~*
Cause ~u~. 0~-~~-405$0-~; A#~a ~ne~~y o~~ara~on, as su~~cssoz~ by
mex`g~ to TIJ ~ Ca~npat~~~ Abed oa~~~o~ ~f' Cities, and pity of Ua~~a~
road Canss~on of T~x~s; ~ ~a~ Thud ~~t uurt nf' Appeals ~t ruin,
TexaS,. -
'~*~on-suit or~ I~sm~ssal ~I a~cur ~y with ~~pec~ t~ the defen~t} Atmos any,
o~p.~, Mid~T dis~un, -
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~7~L~lYt~l~i ~ ~~~~il~
~rA C]~~T DIET N~ ~ 9~7~~ ~AI~ ~~~S~LIDA~~D
BRU~RY ~ 1, ZD~
27.. The inato~ies agree that ail neget~ations, discussions aid ~a`e~~ences r~eiated to
e Settlement ~gr~eeme~t a privileged, inadmissible, and ~vt re~cvant tv prove any
issues associated with U~ ~oc~e# ~ 9?6~ .
- The rgn~.tories agree that neither bus ~ettlern.ent ~g~~eernent nor' oral or' written
statements ~e during c cour~~e o#" settlement negotia~ons may he used fQr and
purpose .athe~~ than as necessary support fhe enter by the A'TIVf Cities of
ace a~~ rFesoion i~~a~ien~enting this ettle~ent Agr~ee~nent..
The ignataries agree that this Sett~e~nent A,~~ee~nent is biding on each ignator~
on1~r fog the purpose of setng the issues set forth hr~ei~ and 'or~ no cth~ purposes,
mod, except to the extent the 5ett~ement Ar~eernerat governs a Signatory's rights and
oblitions fo~~ ~~e periods, this Sett~enr.t Agrmerit shy not he bind~.g ot~ pr'ecedentra~ upon ~ 1OI~ O~itslde this p1'oceedrng~, -
- 3~o The ig~atories agree that this Sett~ernerrt ~gr~eement n~a he ea~ecuted multi le ~ '
- p counterparts and air be filed with facsa~m~l~ srgnatus,
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G~~ UTIL 1S ~~~1~~` ~~~b~ (ANA I~OL~~~'~~~ CA~~
~~~~I~RY ~ ~ S
Ate ~~o his ~ ~~e~rua~~, ~~~5
B~;- ~a~
`~~~t, .~d_~. T~~vii~n
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~ETTL,EM~NT~ A,E~T GAS UT~~TIF ~~C'~` (ANI~ CON~~II~AT~D ~ASE~
FEBR~TAR~' ~ I, ~ .
geed to this day ~~`~eb~va~~
ATFQRNEY k~~ ~E~ MIJI~ICIPALII`I~,
H~~E 1~I~F ~I~T~~ THE CITi~
~~~~IN, ~,H PP~N , B,~~1,, ~AR~'L~'~T`,
B~L~'~~I~ ~I~~~N~ ~~V~, ~RYA~~ ~DA~ PAS, ~I~IF'~~'$ C~~ER~, C~PP~RA
CODE, C~R~I.1A, ~~~'T'~N, ELETRA.,
~~D~R,~CI~,~U~, AT`ES~IL~.E, C~~~~~T~N,
C~T,THAE, 1~I..~, C~~~NI~E,
R~~P~BEI~, H~~`~~, HE~'1~, H~CO
~~EI, HICQ, H~LI~~O, HUT'T'~, KKR.,
IJAN~PA,~A, I~EAIF, L0~'~A, L~N~I~,
~R~', ~IEA, ~LN~~, P~~UC~VIL~L~, RANG, RICE, RIP;P~L, , ~O~R, R~UNI~ RAC, SAN
ANPJLO, ~~IL~,E, S'~AR HAR~~~
TRINII~AI~~ TROPHY U~3, A1~D ~H~EY
~ ~
~bj ~ app~~v~ bar A"~ City ~~~s
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ATTACHMENT B
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ElCHlBIT A
TAR~~F FAR ►~S ER~11CE ~T~0 E1~ERGY ~~RP,,
~ItD-T~~( D~1fl$I~N
#TE C#~EDUL~: TALE C~I~TENT
APPLICABLE Ta: En€ire stem REI~II~ aATE~
. - _
EFF~~TI1tE CATS: SAGE: 'i OF ~
UTIi~ITY ~PERAT~~N
iI. ~~TIE ANG ~~UNTiE S~R~I~D
lit, p~~iNi'I"iON~
T N ~ B~i~l{i~E , i~ ~ I~IaE1 t ~ i
Rate ~ - Res~dent~al aies Rate C - GammerClaC Sees
Rate ~ - Cnd~s~ia! aies
Ra#8 T i Transpar~~lan . Rider ~ Cvmpe#ve Tns~art
Rider CCR ~ Gas Cost Reoave~
Rider ~F ~ Franchise I~ee Ad~~~ne~t
Rider BUR ~ urchae Rafe LEP ~ Line xtensian Pei
Ra#~ i~ ~ ~lisc~ifaneo~s Charges
Rider RA - Refentian Ad~ustr~en#
Ri~~r TAaC ~ Tax 1~d~ustment Feder ~f NA - ~Ile~ther I~arm~ii~~~n Ad~ustr~ent _
Ri~~r Rte - Rate R~via~r I~echenism
Rider GEE ~ Conservation grid Energy Is~cie~c~r
i 11. SERVICB F~ULES ~4ND ~►E~UL~TIC~i~iB
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E~HfSIT A TAR~Ff= FAR ~R~ICE ATE~IOa ~N ERCIf ~RP~,
Nif~-T~~C DE~IiC~N
RATE SCt~E~ULE: Rate R - Rasidentfal Sates
PLiABL~ T~: Er~~ire stem l~E1tfSI0t: . f]AT~;
EF1= E~T~ SAT E; pA~ ~ Q~ 1
RAT~_R 4 RE~~ENT~AL ALE
. ApplEc~tior~ Appil~able ~ Residen~al Custa~ers for all na#~raE g provi at one Point of Deli~rery and measured
#hraugh one me#er,.
Type of Service . ~I#~are se~vi~e of the type desired by Customer is not alread~r aMraila~Ee at the Paint of f]elivery, additional
charges and specEaE contact arrangements between ~cmpa~yar~d Customer mad ha required prior ~ service
hung furnished.,
Monthly Ra#e _
Customer's monthly bill wilE be c~culated adding a foliawft~g Custarner ar~d i~of charges to the amoun#s
due under the riders INSted below:
Customer Charge per Blii ~ ~ g,~g per month
om~nadity Charge ~ Ali ~cf .710 per I~ct
Cos host Recovery: Plus an amount for gas costs and upstreern transportation caos~ calculated in
accordance with Part ~a}~ and Part ~b~~ repectlvely~ of Rider i~,
ll~{eather'Normalixation Ad~ustrnent; Plus ar I~lnu ~ amauntfarweather norrnal~tian a,lated in
accar~ance wig Rider wNA~.
Rate review Mechanism: Plus oi• Minus an ar~cur~t for rates as calculated in accordance with Rider i
RRM
Frar~chEse Fee Adjustment: Plus an amaur~ fartranchlae fees caEculated En ~ordance with Bider FF..
Tax adjustment: Plus an amount for tax calcula#ed in accordance with Rider ~A~C
Surcharges: Plus an amount far surcharges calculated in accordance with the applicable rider s
E re~mer~~
An Agreement for Gas Sen~ce may be requEred.
Notice .
' Service hereunder and the rates fvr serv,ce provided are subject ~ the orders of reguEat bodEes f7a~rin
~t~rlsdlction and the Campan~s Tariff for has Srvlco~ ~ 9
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FII~iT A TARIFF FAR CHAS ERI~CE ATI~G ENERCI~ ~Rt~,F,
I~1D~TEX DIVIaIQ~I
DATE GHEDUL~E: Rate - Commercial ~ale~
APPLICABLE T Entire yem REV#SI~~; LATE;
EFFECTIVE QATE: PACE: 't ~F 1 ~
RATS ~ ~~I~~IAL SALES
ApPlicaflon
Applicable #o mmerdai Customers for ail natural gae provided a# one Point of Delivery aid measured
thrQUgh ane meter and to industrial Custorners r~ith an average annual usage of less #han ~,OgD Mcf
Type a~ rvlc~
l~lfhere service of the type desired by Customer not already available at the Paint ~f ~eii~rery, additional
charges and special contraa~ arrangernen keen Company and customer may be requ~ed poor to service hung fumished.~
~ on~h~r date Customer's rnanthiy Dili will ~ calculated ~y 2~dding the following Cus#ar~er end Mcf urges to the amounts
due under eiders listed below.
Gustorner Dha~rge Per Eill ~ 2Q,~$ per rnanth
Gomrncdity charge - All M ~.~'i g4 per f~~f
Gas Gast Recavery~ Plus an amours far gas costs and ups#ream #ranspor~tlan costs calculated in
accardande ~h Part ~a}and Part 4b}, respeoti~reiy, of i~der. GAR,.
~Uea#her Normaliza~on AdJustrr~er~t: Pl~rs or h~linus an amount for ~rea#her normali~atian calculate~f irk acoardance with Rider 11~A,,
• E E
Rate review ll~echanisrrr: Plus ar l~linus an ama~rnt fur rates as ca~oula#ed in accordance with Rider
RR~I„ a
~ra~chlse fee Adjustrnent~ Plus an arnountfor ~chlse #ees calculated in ac~cordanoe wl~ Rider l=F., . }
Tax AdJustmt: plus an arnount far tax calculated ire a~ccar~ance with Rider T~iiC
,~rcharges: Pius an arnount #ar surcharges calculated in arordance with the applicable rider{s},
Agreement
An Agreement far has Cer~re may be required..
h~otice service hereunder and the rates fnr services provided are subJect to the orders of regulatory bodies having
j€arisdi~lon and to the Company's Tariff for Gas service ~ ;
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TARIFF F~3R ~ ~RVl~~ ATM~~ EMERY ~~I.,
M€D-TES DIVISIQN
RATE CHEDU~,E; , Ra#e i ; tr~dust~ial ale -
ApP#,l~ABE,~ T~~ Enftre ys~em R~Ilt~i~: - j
' ~~TEs "
i EFFECTS ~~tT~: PACE: ~ ~F Z
RITE i • l CUST~AL SALES
Appllca#tan
piioable to lndustria~ Customers v~it#~.a r~aximurn daily usage ~~DU} of less ~e~ 3,5gg MMB#!~ per dayfOr
all ~a#ural gas pra~rided atone Faint ~f Delivery and measured #hrough one meter.. 3~rvjce for indus~risrl Customers wrth art MDU equal ~ or greater #han ~,~Og ~Iil~lBtu per day
will k~e prodded a# ~ornpen~'e sate E
op#ton and require special c~nc# arrangements be#~rean Company and customer.
Type of Se~v~~ V~here sece of the~type ~esir~ by Cr~sta~mer is rtct air~ady ~vaiieble at the Faint of Deiive~y, eddl~onal
Gharges~ and ~peciai contract arrangements between Dompan~r and Customermay be required priorta ser~ce
being furn~shed.~ ;
Mandy Rats ,
~ ~stor~ter`s mant~lp bill will be calculated ~y adding the faltowi~tg Cu#amer and Mll~Btu charges #o the
amounts due under tl~e riders lied below: -
Cue#orner Charg$ per lie#er 344.?~ per month
Flrst a Ml~ll~tu to 1,5~Q MI~E~ $ 0.221 per i~lM~tu
Next 3,x00 MME D,~~ per MMB#~ f~
All MMEtu over ~,~D~ M~lBtu ~ 0~049~ par MMBtu i-
has Cast Recovery; plus an mount for gas costs end upstrear~ tr~sportat~an cosh calculated in
aooordance with Part ~a) end Part ~h~, r~spec#ively, of rider I~, ~ .
Rate Review Mechanism; Plug or Minus an arnaun# for rates as caicuta#ed in accarda~ce with Ride
RRM.
Franchise Fee Ad~ustrrtert: Plus an amount for franchise fees calculated ih accordance with Eder FF.. _ E
Tai Ad~us#rnent: Pius an amount ~x tax r~lculated i~ accordance with Rider TAB.
surc~t~rges: Pigs en anto~,nt for surcharges oaiculafad i~ ~coardance pith the applicable rides ~
- ~
Curtallme~# ~verputl Fee
Upon nct~lca~on by Compa~ty of an event of cur#aiirnent or ln#er~up#ion of customer's deliveries, customer f w~l, for each MBA delivered in excess of #l'~e stated level of curtailrnen#
pr interrup#~on: pay Company2t~o
of ~e midpoint price for the Ka#y point lined in ~#a~s Daffy pubitshed for the appllcahle has gay in the s
#a~ie er~tled "Daily phi ~~vey.~
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E~CHf~IT A
TARIFF FOf'~ SAS SEI~V~CE- ATMO ENERGY CORP.., -
l~ID-TF.~C DIVISION
ATE S~HED~~E~ Rats I - Ind~s~rlaf dales
~F"~LIGABLE TO: ~~tire Stem REVI5I~N~
~~A ER i
EFFECTNE ~AT'E. PAGE. ~ Ql~ ~
Febraa ~8
Replac~men# Index
In the event the "r~idpo[nt~ ox ~commar~~ prig for tha ~ point ii~ted in P~at~s has Da~1y in #h~ tabi~ entrrtied
~Da~~ Brice Survey is no ior~g~r pubi~he~, ~amparry will calculate the app~ica~le imbaiance fees utiiizing a
daffy price index recognized as ~uthoritativ~ by the nat~rai gas ~ndusr and mast cl~~ely ~ppr~xirnating the - appiicableindex, ~ {
ree~en#
- An Agreemen# #or Gas er~rice r~~y be required.
Notlce
e~ice hereunder d the rates fir ssrvires provided are subject to the ar~~rs of re~uiatory bodies having
jurisdiction and to the Gompan~s Tariff far has Service
Spe'elal Condi~lons
fn order ~v receive ser~iic~ under Rate Customer must have fhe #ype of mer required by ~par~y..
Custvef must pay company ail costs ~sso~iated wi#h the acquisl#ian and ins#fletian cf the meter.
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TARIFF FAR GAS SERVICE ATE[ ~NERCY CARP.,
INtD-TDt~ ~[~I1~H
RATE S~HE~L~~E: Ra#e T -Transportation _
APPLICA~LP T~: Enure System REi~~ICN:
SATE;
EFFECTI GATE: PACE: ~ DF ~
RATS T ~ TRANSP T I ~
Applica~~n
Applicable, in the e~rent that ~ampany has er~#ered into a 'Tnansparta~ian Agreement, to a customer directly
~or~nected to the Atmos Energy harp , I~II€d-Tex ~ivislan C~ls#~bu#ian stem ~Cusfarner}for the tr~t~pariot~ of ail natural gas supplied by Customer or Customer's agent at one
Paint of ae[i~rer~ for use in Customer's
facility
~'ype ~a~ Se~rice~ ~Ihera service of the type desired by ~stomer !snot already available at tine Po1nt Delivery, addit[vnai
charges and specie! contract arrangements betvreen Company and Custo~er may be required prior to service
being fum[shed,.
{~vnth[y data
Custon~ar's bill will be caiculat~d by adding the foilowing customer and Ih~~#u charges to the aaurrts and
quantities due under the raters listed belo~a:
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Customer charge per deter $344.75 per month
First 0 ~I[~Btu #o ~,5go NItVfEtu a.~~gQ per 1~i~Btu
Next 3,Q l~lM~tu D.~Bgg per I~i~~tu }
All IVtI~IBtu ever a,Og~ II~f~Btu ~ ~.g4g3 per N1MBtu
upstream Transpartattion host Recovery: ~ Plus an amount for upstream #raansporkation tests !n accordance h Part fib} of Rider CCR,
Rate Review Mechanism: Plus or Mlr~us an arnaunt for rates as caicula#ed in acx~rdance wlth hider
~RRII~~
Retention Adfustmen#: Plus a quantity of gas as calculated in accordance r~ith Rider RA.
Francl~i Fee Adjustment: Plus an amount farfrar~chise fees c~lcuiated in ac~rdance with Rlder FF..
Tax Ad~usi~nen#; Pius an amount fvr cICUlated fn acc;ardanae with Rider 7A)C.
i Surcharges; Pius an amount far surcharges calculad in accordance with the applicable rider~s~,~
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irn~alance F
All fees charged to Cusfamer under #his Rate Schedule wlil be charged based on the quantities determined under the applicable Transportion Agreement snd quantities will not be aggregated
far any Customer
mui#ipie Transportation, Agreements fix the purposes of such fees-~
Mvnthty ~m~a~ance Fees
Custor~er shall pay Company the greater of {i} D-,~ g per i~f~Btu, or ill} ~ b0 of the difference er [~IM~tu
between the highest and lowest °mld oink d far the Ka alnt listed in p p p ~ p Plats has De1ly ~ ~e #able ent~ed
"ally Price Survey during such rnontl~, far the l~l~itu of CustarnerFs mor,iy Cumulative [rnb$[ance, as
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GA~~~~ ~ - TAI~IFF F0~ CAS ~FR~iCE AT~l~ EN~~~Y CORP~~,
. t~ID~T~iC ~I"~l~N
~AT~ ~~IED~I~~~ Rete T ~ Transpo~ta~an
APFLtC1~BLE T~; entire System ~ REY~ID#~ D~4T~~
SATE; PAGE: OF ~
Fe~ruary ao~a
defined i„ the applable 1"ransport~~an agreement; at the end of each month that exceeds ~0~~ of
~~as#amer's receipt quantities for the month..
urtai[mer~t Qverpul[ Fee '
Upon nat~'ficatian by ornpany ai an event of curtailment or irirruption of Cus~rne~s deliveries, ustarner
will, far each ~~~tu delivered in excess of the stated level of curtailment or interrup#ion, pay ~om~any~0o9t~
of the midpoint prime for the i~aty paint listed in ~[a~s~ Gas ~a1~~ published for the applicable Gas Day 3n the - ta~le en~#ied Da~~y PdCe Survey,
~epla~ement Ir~de~c
In the event the ~midpoint~ or "crnrnQn~ price far the Ka#y point lls#ed ire P~at#s has ~aJ~y in the table en#~led =Daily Price Survey` is no longer published, Company will cailate
the appiirabie imbalance fees u~lizing a
da~iy price index recogn~~ed as authoritative by the natural gas industry and most closely approxirna#in~ the
atpplicabie index~~ -
reent~nt ~ ~ -
A #ranspartatlon agreement i required,
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er~ce hereunder and the ra#es far services provided are subject ~ the orders of regulatory bodies having -
~ j~r#SdictiQn and ~ the Company's Tai for enr~e~
Special Conditioru~ -
!n offer to, receive service under Rate T, customer must have the type of meter rewired by ~ompar~y,~ -
Custorner must pay mpany alb oos associated with a acquisition and instailat~on ~f the meter..
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- FJC~I[E[T A ' TAREFF FOR CAS SERVICE ATI~~ ENERGY CORP.,
- N[I~-T~( Di~IIS~CN
- R~DER: Ider CCR - Cos host Revery
APPt.iCAB#.E T~; Enure System R~i4N: ~ .
GATE:
EFFEGTII~E DATB: PAGi ~ OF ~
October 1, ~8
R~d~~ ~~R ~ has ~o R~CDYer~i ~ {
APPlibae to Rate bate Cr and Rate i for all gas saps made ~y Company, and applicable to Rate R, .
Rate , Rate and Rate T far recovery of PlpeEine system costs ~ ~"he tatat gas cost recovery a~nour~t due is de#ermined by adding the gas cost calculated in Section {a} beio~v
ar~d the pipe[inecost calculated -
in Section ~b~ below
The arnour~t due far gas cost ~Sec#ion is deterrnkned ~y multiplying the has Oast Recovery Factor ~RF~ by tine ~ustamer's rnar~tbl~ volume.. For Custame~s receiving service
under Rate R ar~d R~#e
monthly volume will he calculated ors an Mcf basis ~ For Custnr~ars receiving service under Fiats I, ~
monthly volume viii be calculated on an MMBtu basis and the quantities will be adjusted as necessary to i recover actual cash ,
'the amount due for pipeline cast ~~ection ~bj~ is determined by multiplying the Pipeline Cast Factor
~POF~ by the Customers r~anthly valurne~ For Customers re~eiving service under Rate R end Rate monthly volume will be lculat on an Mcf bads., For Custor~ers receiving service
under Rate !and
late T, monthly ~rolu~na will ire calculated on an MMBtu basis ar~d the quar~titi~s gill be adjusted as
necessary tc recover actualcosts -
~a~ Cos Cost -
Method of Ca[cu[atior~ ~ -
The monthly ~as.cot ad~utrnent is oe[culated by tine application of a gas Cast Revery Factor ~GCRF},
as determined with the fallowing formula; -
GCRF : ~s~mated has Cost Factor ~~CCF} + Reconcliiatian Factor ~RF} + Taxes ~S} + Adjustments -
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EGF =Estimated cost of gas, including lost ar~d unaccounted for gas attributed tc residential, ` commercial, and industrial sales, and any reconciliation balance of u~nrecovered
gas costs, divided f
by the estimaked total residential, comn7ercial, and industrial seise.
RF = Calculated by d[vldirrg the difle~et~ce between the Actual Cos Cost Incurred, inclusive of i -interest, aver the preceding twel~re-month period ended June 3~ and
the ~4ctual has fast BiE[ed
aver that sametwelve-~mar~th period ~y the estir~ated total residential, commercial, and indust~al ~ t
sales far the succeeding October through ~~ne billing months. . _ i
Actual has Cast incurred ~ The sup of the costs booked ~n Atmos Bnergy Corp.., Mid-Tex
C~rision account numbers BDi~ through 8~3 ar~d S58 of the NARUC Uniform System of Accounts, ~
including the nit ir~pac# of In~ecttng and wi#hdrawing gas from starve, Also includes a credit or debit for any out~vf~perlod adjustments or unus~,al or nonrecurring casts typically
cansidereal gas
costs ar~d a credit for amoran~ receiv~l as Imbalance Fees or Curtailment Overpul[ Fees, ~ ~
3 Actual Cos Cast Billed ~ EF multiplied by the n~anthly volumes billed to Reidentlal}
Camrnercial and industrial Sales custarners, less the total amount of gas cos# deterrni~ed to have ~
been uncallectible and written ofd wf~ich remain unpaid for each month of the re~anciliation period .
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TARIFF FAR A ER'~lC~ ATI~~ ~N~~~Y Ct~,,, .
- Mtn-TF.Ji ~IIC~I
iDER: Rider SCR • has Cast Recovery
A~RI.ICA~LE T~: Eatlre ystera ~ REVISION:
GATE: -
EFF~T DATA. PACE, ~ O~
OCt~be~
Any amount remaining ire the reconclllatian balance after the ca~~usion of the pe~od of
amar#ization will be maintained in the reacncCliatiar~~balance and included irl the callec~ian of the
~18Xt RF, Atmos ~nergY shell ale annual reports with the CommCssian, providing ~y month the ~oliawing
amounts: has Cost V~dn , Margin Britten off, Tax and Other V~ritter~ , Total Written
gas Cost olieoted and Markin Collected .
_ TIC = Any ,sta~arily imposed asessm$r'i~ ar fixes appiicab~e ~ the purchase of s divided by
#f~e estimated fate! residential, commercial, and ~~dustnal sale i
I ADJ =Any surcharge ar refund ar~ered by a regulatory authori#y, in~uslve of interest, divided by the
est~rnated total residential, commercial, and ir~dustr~ai ~ales.~
~b~ Plpelir~e Cost _
l~ethad of Calct~iadon
Each rnor~th, a Pipeline Cost Factor ~PCF} is calculated separatel~r for each Pipel~r~e Cast Rate Class ,
listed below-, The formula for the PCF ls;
PCF = l~P ~ , where:
PP = ~ A} x Drt where:
~ =Estimated monthly cost of pipellrre service calculated pursuant Rete CAS
~ = I:'ipeilne service allccatlon factor for ~e rate Bess as appravl lr~ #~e Campans m~s# recent
rate case, as follows: t E i
E ei~ne Cost bate Ctsss ~ Allocation Factor D • .
Rate R ,Residential Service .64753
Rate C - Carnrnerc'ral Service .D~805 Ite I - Industrial service and l~a#e -Trans ortation service ~~8~~1 •
A = Ad~u#ment applied in the current month to correct for the dlfferenr~e between tl~e actual and es~mated pipeline host revue of the second preceding month, calculated by the
formula;
= R - ~C - A~}, where: 1 I
I R =Actual revenue received from the application of the FF component In the second preceding
month., _
C = Ac"~al pipeline costs far the second pre~ding month.. • e
`l~~ adjustment {Ay applied to the PP oamponent in the second preceding Month,. - E k,
s Es~mated Mcf ar l~l~l~tu for the rata lass for the current billing month..
The t~CF is calcula#ed to the nearest Q,OQg1 cent
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TARIFF FAR G►~ ~R1~~E ~ ATI~~S ,~HERC~f CARP.,
ii~ID-TES ~I11tI~N
RfCER: Rider CGR • has of Recovery .
J4PPLI~ABLE T0: Entlr~ 5`~ster~ ~ RE~ISECN;
~AT~:
EFFECTS DATEt P~k~E; 3 QF 3 ~fa~er ~~~5
The Pipelln~ host t~ be balled is deterr~i~ed b~ multlplyir~~ the ~c~ ar MI~~#u used by the
. appropriate PF ~ fibs Pipeline ~a~# I d~temnlr~ed #o the nearest ~rhole cent
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li TA~1FF FAR GAS SERIflC~ AT1Vl~ NERY CCt~P~~,
I~IID-TElC DIVISION
I~1DEfi: Rides CEE - ~anser~ration ~ Energy Efficiency
API~LIGABI, TO: En#ira System ~ I~EVISIGN:
DATE:
EFFETIV~ DATE ~ PAGE. ~ ~F ~
RI~~R _ ~onse~tian & Ef~cl~n
.Pub
Amos energy i~iid-Tex is proposing fa institute a complete Oonserv$tion & energy ~i~iclency program
which wild after assisnce to qualified custarner segment i,~ reducing energy consumption and lowering
energy ut~ity bilis~~ The proposal is one where Atrnos Energy sharehpiders will fund ~ percentage of the allo~vable expenses incurred annually, with a customer rate component
providing the remainder of tf~e
fundang,~ I;ollow~ng ~s a high-level, concept summary of the proposal ~ Atmos Energy l~Iid•Tex Division
proposes tv worm uul~h tl~e cornmunitie serves to develop the details of .a new tariff ar~d Prams
addressing conservation and energy eft*icie~icy,
o srs:
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Voucher system to provide l~xee energy savings materials and supplies to qualifying c~torr~ers of Atmos l~l~d~Tex-, . ~uaiifled Oustorners wilt receive up to two hundred dollars
~~g~.0a~ worth Qf cauifcing,
~reether stripping, sheathing, sea~ing~ water heater blankets, and like materials, otf~er energy saving
devices such as daolc-thermostats, set-bacf~ devices ~~oovered items"} fmm approved suppliers ~ retailers..
Ovmpan~ will undertake ef~arts to enfist support from community groups, including its own Employee Action Progrsrn, to assist customers v~ith installation ~ 1f i~ is determined
that professiar~al installation
capebifities $re necessary, the pares will agree on labor assistance a~mounts~~
EIS ibif'
Lout ir~carne - how-income rate-payers that quatr far heating bill assi#ar~ce through t.I~iEAI~
agencies end elf agencies that distribu#e Ammon ~~f~ar~ ~e ~arrnth~ funds, Agencies that allocate assistance funds denote customer as Law Incarne, a status fat ias r vne
year
enia~ Oi#'~en Primary eceour~t holder can request eligibifi#y through A~'M, Cal1 center or web-site
Oustar~er provides primary S~f which Is venfied through oc~al purity Administration . And account
bolder that ~ ar turns years aid in that year becomes eligible
l=u-
inltfaf program funding will ~e at two million dollars I~~,gD~,g00~F Atmos energy shareholders will
contribute one rnillivn dollars ~$1 ~ODO;~QO,.00~ to his initia~ve annuafly with ratepayers providing one
million dollars ~~,~O~,D~D~,po~.per year. I# is proposed that the program opera#e on an October ~ through
September 30 year, with benefits being capped at the two mitliar~ dollar level far the initial program period F
_ t loin ~ ' f i
i A third-~ar#y adml~lstr~#or will rovrdinate qual~ation of customers, voucher distrihutian, subsequent ~
verifica#ion and reimhurse~ner~t of eligible expenditures and general program adrr~inistratian,~ Program
administration expenses will be funded from the annual apprav~ci hudgetF
E Prograr~ audits will be conducted and a resins provided to any interested party wi#hin ~ ~g days of the ~
end of each program year to deterrnlne effectiveness. {
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~(HlB~T ~
~`A~fFF FAR A~ SERVI~~ AT~IO ~l~l~R~Y ~~~PR!
M~~-TEi~ ~till~lt~l~
RIDS hider 1NNA ~ eath~r Nor'rn~lizatipn ►4djus#me~t
I~PPLIA~I-E T0: i=nti~~ stem ~EV~~~~V;
QATE~
~FFETIV~ Q~ITI~: ~ OF 3
Nvvernlr
~e~th~r No~rm~a~a~ ~stm~~aat
avisian far Ad`ustTnent
The base gate per- ~lcf'~1,4~~,4~4 ~ta~ fa~~ gss scrr~ set earth in any Rate schedules r~tYli~ed by the
ci~e~ ~f' the ~riid-I-ex Division set~ice a~~ea far dcrnining natmalizcd ater~ period revenues shall
. adjusted arnaunt here~afiei{ described, which amount is re~e~red to as the "eath~~ ~armaliza~inn
Ajusttnent," The ~Ueath~~ ~'rnrnaliza~an ~.d~ustrnent shall apply to all mpe~~ture sensitive residential, and canunercial bls based an meter's read during the reven~ne months
of'avernber thrau i~ .
Camp~ztatian af' weather N~ri~atian Ad~us~?nent ~I9~iy~liYyq~i~y~Yi~~ri ,
The "feather ~orn~al~i~ation ~d~us~nent Fao~r~ shall be crn~puted to the r~ear~st ane hundredth cent per ~c~hy a folla~ring formula:
~~Fi ~ ~NDD-A>~~~ }
~NA~i
{~Li ~ ~~i ~ ADDS ~
'here
i = arty par~ticular~ Rate chcdule ar~ billing classi.ation with, any such
patticular~ bate chlule canes mare than ane billing classi.~cati~.
~TNA~`i ~ ea.~~ ~ar~t~ian Ad~ust~ent Fa~r~ fv~~ the i~ rate schedule aY~
classication e~essed in ce~n~ per 1Vfcf ~ ~ '
Ri = base rate af'temper~at~re sensitive sales far die i schedule ar~ .
classifica~an approved by ~e en~ty e~ercis~ng or~1 juri~dictian,
HS~i - heat seitive factor f'ar~ i schedule orF cla.ssi~catian calculad as the slope afthe linearF regt~essian of average sales pcr~ bi11 ~cf~ and a~
heating degree days by rnth far a test year by schedule ar~ classification
aid ~vea~~ station as park of`-# RRM filing., r
a D = billing cycle nasal heating degree days calculated as a s~rnp~e -yea~•
averagc af'actual hearing degree days,
e
~ - billing cycle actual heating degree days~~ F I
Bli - base lead sates fot~ the i schedule ar classification calcu~ad as the y~
irrtept of#he ~incar~ regression of average saes per bill ~c and actual
head ~ days by month f~~ the teat year{ ay schedule or classification
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T~4R~FF F~~ GAS ERVI~ ~ ~ ATI~~S E~~~GY C~~Pb~
MI~~7"E~C d~1115l~h1
I~ID~~i; ~i~l~r V~NA ~ Vlleath~r ~fa~m~l~~at~vn A~~u~r~an~
APPLIAB~,E T0. ~Ent~re system R~SI0~1:
DA'T: .
~FFE~TIYE DATA; PAGE; ~ ~F 3
~ov~mher 2008 -
and weather s#a~on a~ a~~ the RBI fil~~
The feather I~o~~naI#ic~n ~d~ustrnent far e ~ in ith rate chedu~c is co uteri ~s;
= wN ~ ~ q
where q~ the relevant sans q~an~ty fa~~ the j~h custom{ ~ ith rate ~ched.e ,
-
} ~ m ~ Fntias cercisin Ceti ' 1 Jurisdie~an -
1 part off' its a~nua~ lei fi1in~ the ~ompan~r dill ale (a~ a copy of ~ each ration af'the ~ ,
~ea~her Norm$li~a~on ~djustrnen~ ~aetaz', ~ a sch~edu~e showing efftive date a~`each such
'eathe~~ No~maltian ~d,~ustment, ~c~ a schedule showha~ the etat~s afv~lues ud in calcu~ag
such eathe~~ l~artnali~atien ~,€u~tnent a~~ ~d~ a randarn sample and audit aft}ty ~~D} aetua~. custo~ b~ls, nth eu~to~e~-- ~nfa~~atian deleted, far each xa~a schedule or ~la~siica~an
to which e
A was applied in the preceding 1Z month p~ad~. Ta e went ~ saurce date is needed to audit
the ANA appliea~on, such dada be pra~ided by the ~on~pan~r as past of the ar~ual filing,
If~the 1~RM is discontinued, as p~o~d~d in the Rider RR~~ riff; the ~f"ormation required herein to he filed ~.th the entities exeaising c~igi.,jxsdictian shall be filed an ~h
1 of each yea~~.,
Base [~se~Heat ,enmity F ~acta~~
Re~den~ial ~omm.e~~~a~
tae use CIF ~ Base use
eather~ Station l~cf cfD ll~cf
AbiXene 1 ~ 14 13 t 8. ~ 1 ~ . 1 -
Aust~n ~ 1.3 ~ ~ .4 ~ 3~ ~ x.45 ~ t~~ ~3as ~ ~.~7 - ,418 ~$.~8 .~9~5 ~
ago ~4~8 ~ 1~.7 ,~6~6
iahi ~ .7 .~14'~ 1 ~S ,~8~
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TARIFF F~~ SAS SE~Ii~~E AT~l~ ~RP~,
~~~~T~X I~~IfIS~~N
~~~R; - R~d~~ I~I~A -1I~~~th~r Norrr~a~~~at~on ~4djust~~nt
APPLICABLE T~: ~nt~re yst~m ~tE1~I~N:
~~TE:
EFFECTIVE DACE: PA~~: 3 OF 3
Novernbe~ X008
lc ~ ~ cu~i~m;
x,01 ~ 1 x ~3~-~'I~ } ~153~ pMcf' - 1.2~b7 ~
~~~~~4 ~ ~~~4~1 1~~)
'~erc
~ - ~estd~n gee Blv~k Rats ~cdule
Ri ~ ~ .6'~ ~ F ~Ra~e R - din ~d~~ ~JD ~o, 9670} ~
~I~~ _ .0131 .es~d~n~al - Ab~~en~ A~ea~
~TDD ~ 30 I~DD ~~IB tee ~ea~ aV~r~gC D~' AC~aI ~ for` A~~erle Ares - ~1~ ~l0~
ADD = 1 I~DD ~Ac+t~a1 ~ for AI Ares. 9~1 X106 - ~4~~ 4106
~1~ - ~4 ~ic~` ~R~f~en~al - Abilon~ At~ea} t
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~TI~E TIATE:, PA~# 1 of 14
se:
This ~chanis~n is desig~d #a provide aimual earnia~ t<a.nsparency All ~e calcula~a under
shall he ~ on a system pride basis, Iia tough ~e ile~caa~tion of the provisions a~ this mcchan~m, .
rt is de#ettnned that ra#es should he decry or used, then rates ~ll be adjusted accordingly in
manner set Earth hexein. ~Tho ra#e ad,~ustments implemen~d under this mechan~m will reflect annual chaAgcs m Co~y~s cast of service and ate lipase. s adjustment
. be a~thori~ed for Initi~
l~icm~nta~an Pad. with conclusion of the final rate adj~ if any, fox Initial
It~lentatian Period, each en~€ty having original ~urisdictian ma~+ reva, arncud, or approve dubs
~nplcta~on F~crlvd~s} ~o~~, the chanisz~~
f s
a~ I~ ,Annul ~valuaban ~a#e shall be the dad the ~ampany will ~ i~ a~nu fil~g undez~ ties rnechasm~ The Anar3al ~valt~t~n Da#e shall rya lam than March l~ of cash yew,
This ~ shall be
effective in c~conic fort where praceicahle, The init~I ding shall he wade the lam ai`l~arch 31, ~04~
ax upon approval o~ tl~s
b~ A ~nanclal Data shah mean the Company's oaks and records xelated to npany's d
~'ex operating area aid shared service actions ~u~ited Fial Data shall got requ~e the s~heduics
and informa~it~ pxovidcd underr #his tariff' #a undergo a sePara~ anc audit by an ou~ide auditing fzrm six t~ the Company a annual fiuaial. audit.
c} The Evalua~o~ Per~d is deed as ~~v~ivc month period ending December 31, of each calendar
i year. irii#iaal Evaiuatian Period shall, be calendar fur f
4 d} the bate Ef~ec~ve Per~nd is defined ~ the earlier ol~ the twelve nwnth period for which rays
denined under this chasm will be in effect or subsec# rates are itnplenaented ;
e} Pex~ uanec#on Basis is defined as existing average number of d-T e~ wive meters to ~stamers
during the Bvahxatian Period, '
~ Initial Impl~men#a~iv~ P~~iod is defl~ed as the tie ~3}Year Period commencing with the ~any's ling under the mechauisrn far the lendax year ~~D7, effective Cctabe~ l~ ~4~8r
and shal], caaelude with
the impleen.tion ofratc ad~st~, arry} for the gird ~ EtI`ective Period,
g} 5uhsequent ~rnpZemen#at~on Period is defined as any tlu ~3~ Year period after the conclusion of the ~
I~t~l ~nplenu~tion Period
h~ ~ f~rtier~ is defined as the rn~ost recent order es~h ' the Comy's latest e~ecctive rates for the ~
area in which the xchanism ~ demented, aid shy include icipal rate ordinances and resalutions.,
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ID~R; Rider RR~vi Rate Review 1VI~c~anim
APP~~~,~ T~, ~ ~nt~ ~'~d Tex IhV1St~~i ~,S~~N
~FFECTI ~A~'~E: 3 ~f ~0
1} P-fon~, adjus~aents to upda.#~ and aua~ze casts and revenue being de#er~ants for
ate Eev Poriad.
Pro•forma ar other ad~`ustme required tv properly acco far atypical unusual, ar
nour~curring evens recorded wing the EvaXustion Peziad,
Shand Services allocation factors sal be recalculated each year based an the latest component ors wed dig a evaluation Period, but the methado~gy wed will be that approved
~ the
Final dr,~
~aleulation of `Ite Adjr~#~,ent
a} 'fhe ~y sly, 'provide additional schedules indicating the fallowing revenue
def~c~ncylsuf~ciency~calculatavns ~ methodo~agy accepted in t1~e Fib Order, a. l~ month
average wili be used fvr ~e specified isms for tore up calculation, Evaluation Pe~ad egg
balances will be used far ~alcula#~n of rates for date ECtive Pex~od, These sees shall identify zate adjustiments necess~y far bath ~ true-up of revenue far the
8valuation
Period a the ~ of prospective rates ~`or~ the Rai effective Period. ~'hc net xesult of #hese
rate adjustments steal] be ~re~ected ~ the proposed ne~v ~ to be established the date
Eftive Period In calculating the required r~a~ adjustr~nt~, such adj~ will be made pro- . ratably to customer charge and ~rsage merge based n actual avenue
generated, as adjusted
~ndcr the company's approved wear >~Il~ian Adj~t ~wN'~~ Rider ~ Provided,
however, that neither the Residual nor the Cam~ercial customer charges ruay increase ~a~c
#han ~~°lo per year
b~ I€' Company's earnings dur~,g the Ev~uatian Period exceed 9..~°~O return Qn camraon equi~r,
Company fah calculate ~ decease to rags ~ ice the revenue required to achieve a return on equity af9.~°~~ far the Evaluation Periud~ 1#'Oo~npany's earnings during Ev~aluatian
Period are .
below 9 ~~°I r~ an common equity, the Company shall calculate an incre in rates to collect
the additional revenue required to increase i~ zeturn ~ equity for the ~valuatian Pe~iad to ~
hl order to avoid dauhle~ooing of tt~e-up revenuues, any true~up revenue booked during the ~ Evaluation Period that is relate to prior periods will be re~aved ~ detertmning
bath the
prospective m far ate 'ective Period and the t~c-up increase ar decrease related to the
current Evaluation Period.. ~`hc ~i Schedule ~ l~oat~on section ofthis tariffprovides an example calculatian~ Ai3er the prospective rates far the Rats E~'eve Period are calculated,
the
true-up elt shall be added ~a ar deduced ~ thaw rays in order to done the rates that
shall therca be recovered t
c} 'The Company may aisa adjust rates for Rate ~ffe~~ve P to include recovy of~ any i
mown anal measurable changes to operating and ice casts Iudang, but no# litcd to,
ali payroll and com~ensa~an expet~e, all benefit ex~Oeuse, all peosivn expense, ~e cast,
~at~ and sup~phes, bad debt cast, rnedlcal expe~~, transpdrta#ion and hw'lding and lease cons for the bate Effec~ve Period Provided, however, that adj~ may only l~ node
far
cash that are reasonable and necessazy. Additionally, utility plant and rate base far the Rate
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R~d~r 1~ ~ Rite Revs ~ech~n~
1~PPI~E T~}: Entire lid-~`ex ~i~~~n
A~`E: ~FF~TNE DATE: P~~~: 5 of~4
identify #heae cosy as a speck ~n~ item in schedule accornpauying RRi~ rate
ad~ust~ent ~
the regu]atary authority y disaUaw ahy ~t pint investm~# that is not shaven ~ be
prudet~.y incurred. Approvai 6y Mary authority of net pleat investment
pursuant ~ the pravisio~ of t ' shall ca~stitu~e a finding t ~ net plant
investment was prwdently ~ced~. such finding of prudence shaft not be subject to finther review in a subsequent ~valuaban Period~ar Statement of ~tCnt~.~
d} the Company also shall proride a schcdufe demonstrating the `aof of~vcnua~" relied upon to calculate the proposed rate far the Rate effective Period. The prapaaed rags shall
~`onn as
closely as is praccticable to the revenue affacadon principles approved in the Final Order.
Atteata ' n
A sworn stmt ahall be fled by the Corrrpany's Cie#~ dicer ~ ~e af~ Mid~Iox Operations
~g that fed schedules arc in compliance wsth ~e provisions a#` this mechauiam a~ are true and
correct to the best a#' hislhez lm~wlcdge, yafor,~ian and belief! o tiny shall be filed
. Ey~lu,~ `an Procedures
~'he m~ authority having original ~[sdi~ction ov~~ ~hc zany's rates shall have na less tlu~
ninety ~9~~ days ~ review the C"ompany'~ filed schedules acid wa~~ papers The Oompany viill be prepared
tv _provide ail supple4~l information as y be requested to ewe ~dequa~ review by re~cvant
regulatory authority., 'Ihe ~ampany shall not unt~ate~rally intpase any ` upon the prov~ion of supplental i~`armation and sub information ~ be provided wi#hin ten ~t~}
wag ~.Ys of the
prig re~uest~ The regulatory authority may propose any adjustment it detern~es to be acquired to
bring ~e schedules into compliance with the a.~ove pra~isia
During and fvifag the ninety day review period and a thirty {~a~ day response perfod, the Company
and the regutory authority gill wc~ callal~aratively and seelr agreement D~q, the proposed adjust to
Company's sched~e and proposed. rates. a~reenaent has hem reached by Company and the re~uiatary a~uthty, the reufa~t~ry auth~arity shall authorise an increase or decrease
to the Carnpany's rates
so as to aeve the revenue levels meted far the R~~ Effective Period. at the end of ~e thirty ~3a~
day response period, the Ca~pany and r-cgulatary autba~ity have not. ruched agreement on the
propose adJustnts, ~e Coa~any shall have the right to appeal the regulatory authori#y's action ar insetEOn to the Railroad Conssior► of T~ upon the fling of any appeal, the
Company shad have
right to i~plcmant the proposed RR~i #e adjustment, subject to re#`uud
if proved by the entity exercising original jurisdiction, the rates established pursuant to the Rate Review 1 Mechanism far the first Rate Effective Period shall be
e#~octivc on Cktober 1, ~~D$, '1'lrereal~er, rates
established pursr,t to th,c Rate iview Nfechaniszn for subsequent Rate Ective Periods, if approved as s
provided herein, shall. be effective an Tiny I ~ of each yew
Ro tion. and A
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AFPL~A~L~ ~ one 11~d~~"~~ ~i~is~o~ 1'~~~~
~~'I'~:
F~~ T`IVE DA7'~: PAGE: Df ~ ~
girders issued l~ to mechanism are ra~rang orders and shall be seb~ect to appeal under
eotits ~ 42 .DOI fib) and 10~ 02 l , et seq ; of Texas ~Tti~ti~ bode ~e~nan ~~~1~
odce .
~a~ce ❑f' annul date Re~ie~r Nieohanism ink shall be provided puruan# ~ ee~on 10410, ~~x~ UIU•, A1~, no later ~ forty eve ~45~ days a the Coany mes its annual fr~in~
pursBt ~o ,
flue tarp: 1'he ~.o~ce to custom, s],ll mc~udc the~~ollawu~ infor~rna~.~z: ,
F a a descrip~a~n of die proposed vision of'rates and scl~du~es;
b} thG c~ct proposed envision a#~ ~#es is sc#ed to live on the applicable to each
customer class and an ~vgc fns each a~ect~ cu~tat; {
c} the sez~v~e area or areas m w~. the propped x~te adjustmenk wu~uld apP~Y~
the date proposed rah adjustment was filed wfth the regula~ary anthotity, and
e~ the Company's _ address, tel~ph~ne numb~~ and website where infazina~an ~ncernin~ the
proposed rate aus~.ien~ may b~ obtained,
RRM ~~ednl~ apd I~#'nt%n
Accuxated Del" Income Ia~x "AD~I~ eca ase
the fo~owi~g list identifies those ADIT co~nponen~s to be included in ~e ca~cu],atian of rah base for nth . .
~valuatian Period and date Eti~re Period calculations:
Mid»Te~c~
Gas Plant in eicc
Insuce Awls Beet Accruals .
De~crred Pro jee#~ ~ .
Al~o~c far ]~o~ib Accounts Custa' Advances i
T:~NIC,Ap section ~~3A ~vsts ,(which sbah ~e removed from Atvs Mid-Tex when these cats are
tra~asred Atnros Pipeline Ie~cas~ j
Regujatory Asset - ~+Iid'~,ex l~egtory Iiability - pfd-Tex
Other Pmt f
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~P~LI~AB T~: ~nt~e id~T D~~~xon RESI~~
I~~T'~; TIV~ ~~T~; F~~: of 1~
Arcuated Deferred Iu~ome Iax ~"A~ZT~ ate I~,Be Re~gr~d,~ Ra~e_~3a~e (continu~d~~
S~ - ~~er~ ~uppor~~: Cos Ph~~ ~ Service
[T - ne~~l ~~c~; has P~a~t in Sen~ce
In~uxan Act
Be~c~ts Araals Deferred ~~cpen~e Projects
PFepaid E~e~
~ Reg~atory Liability - Atmas 10~
~1~51 ~ S Adjastimc~ Treasury Loci Ad~unent
Revenue A~en~ Report Ca~yforrd-Adjt~trnen~ ~~~0-1~8~
~`ax ~ ~perat ~rcdit ~a~o~v~
Stag Bonus ~precia#ivn ~ D edit ~ahia# A~o~vance
~ Play
Discreti Cow #o B ` a~ 'der '
The fo~viaag types off' employee reim~u'sed expenses anc~ ~curred costs are to 6e removed from expen and ate base aznaunts eluded ~vii~n hider RBI gags fat the Eval~.tion
Period and for the
. l~at~ ~ffeotive period:
nnunts incurred for vei, teals or entert~nme~t af'en~playee spouses Amotu foa air gavel that exceed pu~~.ahed. ca~~, coach air faxes
Amounts incunced for hotel rooms exceeding $~~4 ni~h~ elusive off' taxes and fees a~sesscd
on such rooms. A~ots far alooholi~ beverages.
amounts paid -far asioxt to entertai,ume, sports, art ox cum. ~ ev#s, and a.11 event
sponsar~hfp costs
Aunts for social club dues ar fees.
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AF~L~CA~LE E~~re Nli~-Tex D~v~s~~n ~EV~~ ~
DATE: EETr~E DATE; EAr; 8 of ~ ~
~xarnple Calculation A ~ Revenue far RR~ ~'ru~~Jp Pion a~'~ate -
*'"FOI ~LL~TRATIQN PU1~P0~~ ON~~,
AM~UI~I~ ARC I~Y~'C~I~TYCAL, ADD I3~ ~l~T C~RR~P~I~iD
'I~ DTB.ER E~APTE SC~3ULl~S**
Calendar Calendar Calendar- Calan~ar ~ Calendar -
X00] ~0~8 2~U9 2010 24I1
Per l~oal~ Rem ~xcludtng T rue-Up l~~ve~ue
fFOmpxi~valua~onP~~ds 1~O,ObO $156,OOQ 1~7,~T4~ I~58,2~~ 158;i~0
Per--Books Ip Revue lased on 200?
.Eval~tian Period Ill - Sao 1,200
Per Beaks Tr~~-~3p Iteven~e ba~s~d on ~a~8
11valion.Period Il]
Per Boo Tnie-gyp Rc~enu~ bash an 2~9
Evaluatia~. Period [ l] 2~4 35I Iotal ~~-Books R~v~tue ~~~0,{~00 X156,800 $1~8,~3~ 888 ~15~ 0~1
Add I
Revue fin hiders CCU, PF, & ~1 I0,04a~ ~1 ~ 1,0(}0 ~1 ~2,00~~ surcharges i Rye Casa Cast av~ery ~240~ {2~0~
Inge-~Jp F,avan~e ~`at 2~ Bvaluati~ Prod [ 1 ] ~ 1,~~~
I~ue-Up Revenue far BOOS l~~valu~ior~ Period [l~ ~ t
~eYnOVC Ql~-~~-~lE'1'30~ 8n~ 1~~I~Sll8~ 1tS - ~ '
Reali~cd due far true-~,Tp alaalatian 39,8{ X4,800 4~,~Q4 ~ ~ ~
Revenue Rix at 9 Silo 1~0~ j~] X500 4~ 890 X46
rr~~up su~3~~
For illustr$tio~ pulses, example assumes 40°Ia of'the ~ cula~ed tr-up is collected in #ha fallawi~g calendar yc. tzue~up is st]ect to a proaf of co~lcct~aa o~ rind aver
e .
col~ea~ic~fim~~perlod, and any residual amount gill be refor~ded a~ collated ~ the
subsequent period,
I2] iatce realised revenue fn~the truce calaula~an excludes Riders CCU, FF, aid ~A~, as well as
s~rrrges far rya case en~t recovery, the revenue req~t far purposes oftha t~ua-rep calc~adon
also exch~ all responding exes for tho ~vafuation Period. R
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RII~~: id~r ~ - date Reviww ~m
~PP~IA~L~ Mire 11~id~Tex D~~~si~n ~I~IC~
~A'~~: E~'~T~ I~~TE: ~ . PALS: of 1~
Y
E~amp~e Ca1c~a~o~ ~ - R~ve~.ue for RRN~ P~s~eot~ve Pion af' ~#e
~"~FO~ ~.~~RAII01~ PL~P~~E ~NL~.
A1~QU~~~ ARC I~Y'PCTTI~AI, ANI~ 10'I COl~iE,SP~~'D
'IT~I OTI~Ii E~AMPL,E S~l]I]LES~*
Cct - dept duly ~ a, ~.00~ - ~uYy 1 14 -
200 Sul 1~ 201 du1 14, 2011 ~
ate ~~ve Petiad Revenue P~ice~~t at Car~enl Ram
Rer~tmre true-Up Po~ian vf~Re~ue ~ ~ 00 I,IO~
I~ev~ue at ~t Rates fat Rate l~~ec~ve P~~od
De~cicy a~eula~ion 60,0 6~,5~f} ~
revenue Rcquineut far Rata Effective I~eriod ~ 65 I}4~ 68,250 ~716G~
date Fffcc~ive Pe~~o~ Revenue ~e 1 Decrease) before
Tnu-~Jp, sub~'ect to ~ ~ ax Crass-I~p ~3] ~ x,000 ~ 750 $ 2,~~~
~1 ~ Y a be calc~Iated ~ prortforma. srmua~~~ed bll~in~ deterants, as vided for in this i~, priced
Qut at cu~ent Sates at flue tirr~ ~fthe deficiency c~icu~a~an.,
~ I v be calculated us i 1I3~ 11T b~lrng C~~II~~ 8.5 p~'aVld~d 1~ t~r~ tazlff, ~I~CC~ '
S . ou# at pvrtian of curet acs at ~ erne of ~tbe c~e~ciency cal~ula~on ~nben to tt~e priar
Eva~lua~an ~'e:iv~s} F ' , '
(3~ ~~S represents the pros~lYe deficiency po~0~ of the RRi ~,d~us~ne~nt Ili tnlC~up ustaaer~#,
dernaated in Example ~`alcula~on ~viil be combined. with this adjustment ~a dermi~ne the
total a~jus~nent for Date Effective Periad~
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ATE N ~Y ARP ~~~-TES ~ N
U~I~ARY PRpgF ~F RENU~ A~ ~R~POaEC~ RATES
TES YEAR EN~I~ JUKE ~0~ ~0~7
Line ~escr~ ion Total ~ . Re~en~e
Rate R
1 Rate haracterf#~os;
~ uomer ~~a~ge - ~ ~„9 cc~
4 onsurnPtian ~ha~ge ~$fMcf} $'I 0 ccs
E Rider CCR Part A $~~~~a c~e~uls H
7 Rld~r ~ Park ~ ~ ~~~59~~ ~c~edul~ E
S
9 B~I~g Units
~ ~ Bilks ~ ~,144,~4~ ~ ~
~ ~ T~ta! MCP - ~~,~98,9~fi v~p ~-i 1
1~
1 Present Revenue: ~ 4 uston~er Chafe ~ ~ 8$~fi,7'~
1 ~ vnsumpt~~n charge 9T,~1 ~,4~ ~
~ ~ Base Revenue ~~~,~8~',~8
1 ~ Rider dart A ~T,98~,~~
~ 8 der ~ Part ~ 4,3,458
~ 9 [~~Otai ~ ~ 9D5,3~9,447
~ Revenue B~~af~~ Faxes ,fi8B,~ ~1
~'otal Proposed Revenue Rate R 9~8,55,~?~
~4 Note ~ : fee B~I~~ng ~eter~ni Hants ~tudp for details. .
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e ATNfQa FNERY ~DRP., I~I~-TIC Dii~~~t~N
l~I~~IARY PR~~F REVENUE AT PRP~EQ RATES
TEST YEAR EN~~N J~fNE 3~,
Line Decri tior~ ~ ~a~a~ - Re~eren~e
~c}
~ ~ Rate hara~ter~st~cs:
~ utoer ~har~~ ~
3 -
~ ~ansump~o~ Chafe ~~Ilcf} D ~~1 ~4 acs ~ -
8 Rider SCR dart A 7~~~~ ~~d~~~ H
~ rider ~ Pari ~ - 0~~0~~ ched~l~ ~
~ -
9 B ~n~ iJ~ ~ ~ ,
1 ~ 3 Preset Revenue:
~ ust~~er ~~~rge $ X9,8?,~8
~ 5 ~ar~~mptian Charge ~ ~,~~~,1 ~9
~ ~ Ease i~even~e ~ ~ # 9,~4?
~ ~ Rider ~ Part A 3~5,072,~7
~ ~ Rider SCR ~~rt B ~~~,8T,9~~
~ 9 ~~#atal 4~5,O~t~B4 Revenue Reia#ed Taxes
-
T'~#al Prap~~ed Re~renue- Rate ~ ~~~,447, ~ ~ ~
24 Nate See Eiiiing Determinants Study for dtails~
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U11~~4RY PR~~F ~F R~NU~ ~T PR~POSBD RATES
TAT YF~IR EN~~N JUNB a, ~0~~ Y
Line Descri tian T~~a~ ~eferen
fib}
- Ra~~ ~ T
~ i~te i~erec~eristia:
2 Customer ha~ge $344,5 ors
3
4 Blank ~ ~1~fBTU~ $0.~4 o _
~ Block ~I~INiBTU } ~ ccs B Black ~II~BTU~ ~ ~ X93 cc
r ~ ~
8 Rider ~R Pa,4 7.~~a che~~le H -
9 ~ide~ ~ i~a~t B ~.,~8 ched~le 1
~ ~ ~or~s,~ma~an ~haraeristi~s ; -
~ ~ Block ~ ~i~i~s# ~ ~i~BTU~ 0,{~~ ~ Block ~ ~N~x# x,500 ~I~fBTU ~ ~,.4G5~ -
~4 flock 3 ~~~er 5,~0~ I~IBTU ~ ~,.555~'
~B Biiiin ~ Unify ~ _
1 ~ Bills - - ~ 1 ~ , ~4 v~~ ~
~ 8 Bock ~ ~,8~4,93~ ~v~
~ ~ Book ~ ~ 8,84 w~ ,3 ~0 Biook 3~ ~3,$$~~44~ 111f P J-~ .9
~ Total 1MBTl~ ~ 44,89,455 -
~3 dales 1lol~es x,858;~~9 v~~ ~-i ~
24
~ P ~ Revenue:
~ustamer Charge ~,g~~, ~ 0~
~7 Black ~ 2,~~~,881
~8 Block 1,~5~,53 Block 3 ~,18~,34
Base Revenue ~ ~ 9#057`,~~
~ Rider Part A ~,~8,~~8
Rider Part B ~ ~,534,05D
~ Sul~totai ~4~,~~,39~'
Revenue Rei~ted Taxes ~ - ;
35 1 3B Ta~ai Propase~ Revenue Rate !&T 4~, ~
~ Nate 1: Sep Bii~ir~~ aeter~ni•~~nts S#ud~r for details.
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AGENDA INFORMATION SHEET
AGENDA DATE: March 4, 2008
DEPARTMENT: Economic Development
CM: Geor e C. Cam bell Ci Mana er g p ~ tY g
SUBJECT
Consider an ordinance of the City of Denton authorizing the Mayor to execute a Second
Amendment to that certain Tax Abatement Agreement with Aldi (Texas) L.L.C., which
was first amended by the City Council on January 8, 2008 by Ordinance 2008-06, to
extend the term of the Agreement from five years to seven years, or to reimburse Aldi for
the design and construction costs of Westcourt Road, whichever is less; providing for a
severability clause; and providing an effective date.
BACKGROUND
The City Council approved a tax abatement agreement with Aldi Foods for their
proposed 500,000 square feet distribution center to be constructed at Westcourt and
Spring Side Roads. The intent of the abatement is to reimburse Aldi for the costs they
will incur in the design and construction of Westcourt Road. Westcourt is approximately 4,200 linear feet and iscurrently atwo-lane asphalt road. Aldi will construct two lanes
of
a future four-lane concrete road with curb and gutters. At the time of the original
agreement, the City and Aldi estimated the road costs at approximately $1.6 million.
Since that time, Aldi has entered into conversations with TxDOT regarding the
intersection of Westcourt Road and Airport Road, and have been instructed to construct a
four-lane intersection. This will require additional design and considerable construction
on Airport Road to assure correct alignment from both the east and west lanes of the
intersection.
In addition, right-of way issues have arisen that require Aldi to purchase temporary right-
of way and construct two lanes for temporary access while Westcourt is under
construction. Aldi now estimates the total cost of the road to be approximately $2.3
million. Aldi has requested that the five year term of the tax abatement be extended to
seven years so that the company may recoup the construction costs. Aldi will not be
reimbursed for the carrying costs of this project, which they estimate at an additional
$670,000.
The proposed amendment extends the term of the agreement to seven years. Using the
estimated valuation provided by the company, a seven year abatement would generate
$2,346,317. The agreement also caps the incentive at the actual cost of the design and
construction.
-1-
ESTIMATED SCHEDULE OF PROJECT
If approved, Aldi intends to close on the property at the end of March and begin
construction in April.
PRIOR ACTION/REVIEW
The Economic Development Partnership Board reviewed Aldi's request for a two year
extension for the tax abatement and recommends approval 6-0.
FISCAL INFORMATION
The current tax abatement agreement provides for 100% tax abatement on improvements,
equipment and inventory for a period of five years, generating an estimated $1,675,941 in
tax abatement incentives. A seven-year term would generate an estimated $2,346,317 in
tax abatement incentives.
EXHIBITS
Ordinance
Agreement Amendment
Respectfully submitted:
•n ( ti r}-r/ _ tit. i r
•5 ti ~ F ~I~1 ~ :r.
+ w
Linda Ratliff, Director
Economic Development Department
-2-
s;l~ur documen~slardir~ances1081a1di 2nd amd tax abatement agr ard,doc
ORDINANCE N~.
AN ORDINANCE OF THL CITY DF DENTIN AUTHRIN T MAYOR T
ECUTE A EC~ND Al1~IENDMENT T~ T~IAT CERTAIN T,A, ABATEIVIENT
AGREEMENT KITH A.LDI ~TExA} L,L,C., wfIICH wA FIR.T AMENDED BY THE
CITY COUNCIL ~N JANUARY 8, Q~B ~RDINANC~ ~~D~-~0~, T EXTEND THE
TERM OF THE AGREEMENT FROM FIDE YAR TO EEN YEAR, TO
REIMBURSE ALDI FDR THE DEIGN AND CONSTRUCTION COSTS OF wETCOUR.T
ROAD, wHICHE~ER IS LESS; PRO~IDINC~ FOR A SEVERABILITY CLAUSE; AND
PRO~IDINC AN EFFECTTE DATE,
w~HEREAS~ by Ordinance Na. X007-17~ on August 2I, ~QQ7, the City Council approved
~ Tax Abatement Agreerr~ent ~"Agreement"} with Audi Texas} L.L.O~; and
WHEREAS, by Ordinance NQ. 20Q~-Q0~ on January S, ~~08, the City Council amended
the A.green~ent by providing that the completion of the construction of estcour~ Road would
not be a condition to issuance of the Building Certificate Qf Occupancy by the City of Denton;
and
~UHEREA, due to conditions beyond the control of Aldi, the costs tc design and
construct westcQU.rt Road have increased and A1di has requested an extension of the number of
years of tax abatement to help offset the construction costs; and
w~HEREAS, the Economic Development partnership hoard recommends that the Tax
Abatement Agreement between the City of Denton and Aldi Texas} L.L.C. be amended,
extending the term of the Agreement from five years to seven years, or to rermhurse Aldi for the
design and construction casts of westcourt Road, whichever is less; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HERE'Y ORDAINS:
SECTION I . The findings set forth in the preamble of this ordinance are incorporated by
reference into the body afthis ordinance as if fully set forth herein.
SECTION The City Council approves extending the terra of the Agreement from five
years to seven years, or tQ reimburse Aldi for .the design and construction costs of westcQUrt
Road, whichever is less.
SECTION If any section, subsection, paragraph sentence, clause, phrase, or word in
this Ordinance, Qr appllcatlon the~eQf to any person or c1rCUstance 1s held invalid ~ any cQUxt
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, the City Council of the City Qf Denton, Texas, hereby declares that they would
have enacted such remaining pardons despite any such invalidity.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval,
I
s:la~r docum~t~tslordi~ancesl~Slaldi 2,nd amd tax abatet~ent agr ard.~.oc
PAED ADD AP~O~ED the day of ~ ~~8.
PERRY R.1V1cNEILL, MAYOR
A~`TET:
~E~INIFER WALTER, CITY EORET~RY
BY;
APPROVED A TO LEGAL FORM;
EI~WI~ YDER, CITY ATTORNEY
.
BY:
Pie 2
i
s:lour dacurrientslc~ntracts1081a1di Znd amp tax abatement agr.doc
AMENDIVIENT T~ A TAB ABATEMENT A.~R~E~NT
BETWEEN THE ~~TY ~F DENTIN, TEAS
.AND ALDI ~TEXA~ I~.L.'.
This Amendment to the Tax Abatement Agreement the "Arr~endrnent"} made and
entered into as of the effective date provided for below, by and between Aldi Texas L.Q.C., a
4i Texas lin~1ted l~ab111ty co.pany ~ Aldr and the CITY DE1~T~N, a Texas n~unici al • „ F
corporation the City for the purposes and cansiderat~ons stated below:
~VHBREA, on August 2I, Z007, the C1ty Council approved a T`ax .Abatement
Agreement v~ith Aldi ~Texas~ L,1r,.C. the "Bxisting Agreement"~; and
IEREA, the Exlst~n Agreement required .Aldl to construct estcourt Road, from
Airport Road south to prinside Road ~ distance of approximately 4,200 linear feet} as a t~vo-
lane, concrete road to specifications acceptable by the City ofDenton; and
HBIA, the Existing Agreement vas first amended on January S, 2005, requiring the
Aldi to enter into an agreement v~ith the City of Denton for the construction of estcourt Road
prior to receipt of of Aldi's building permit and to deposit funds to be held by the City in an
interest bearing account for said construction from which ~~vner may drav~ to pay its contractor
ar from which the City .y draw for the purpose of building Ustcourt Road; and
~R~A, the p`irst Amendment provided that the completion of the construction of estcourt Road would not be a condition to the issuance of the Building Certificate
of
occupancy by the City; and
V~HER~A, due to conditions beyond the control of Aldi, the costs to design and
construct ~vestcourt road have increased and Aldi has requested an extension of the number of
years of tax abatement to help offset the construction casts; and
HERBA, the l~conon~ic Development Partnership Board recon~nends the Tax
Abatement Agreement between the City of Denton and Aldl Texas} L.L.C. be amended,
extending the term of the Agreement from five years to seven years, ar to reimburse A.ldi for the
design and construction costs of estcourt Road, whichever is less;
N~ THER>~F~RE, the City and Aldi Texas} L.I~,C. covenant and agree as follov~s:
1. Paragraph I,A of the ~ritn~,1 Tax Abatement Agreement i hereby amended a follov~s:
"An abatement equal to 104°I~ of City d valorem taxes attributable to new capital
investments resulting in an increase of assessed value of real property improvements to
and tangible personal property including inventory and supplies} located orr the Premises
s of January 1, 2007, far a period of seven years commencing on January 1 of the year
following the ~~vner's receipt of a certificate of occupancy the "C~"~ for the remises,
or an amount equal to the actual cost of the design and construction of estcourt road,
whichever is less. if such increase ~n assessed value is less than 25,0~0,~00 there mill
be no Abatement."
i
rt s:1ouF documentslc~~tracts1~81a~di 2nd amd tax a~ate~ent ar.doc
2. Ali other terms ar~d condit~on~ of the E~i~in Agreement sha,~l ~en~ai~. in full farce aid
effect.
3, This Amendment shad be effective as of the fast date of signature of a party as ~~d~ca~ed
hela ~"The Effeet~ve Date"}.
CITY OF DETON, TEXAS
BY:
PERRY 1VIcNEILL, MAYOR
DATE:
ATTEST;
JENNIFER ~VALTERS, CITY SECRETARY
BY:
APPROVED A.S TO LEA.L FORM;
EDEN ~VI. SNYDER, CITY ATTORNEY
BY; { ,
ALDI TEXAS} L.L.C,
Texas limited ~1a~~~1t~
BY: ALDI INC. (DELAWARE}
A Delaware cvrparat~an, .
Safe l~Iember
BY: _
SCOTT HUS~A, Vice President
DATE
ATTEST;
Pale ~
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