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AGENDA
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AGENDA
CITY OF DENTON CITY COUNCIL
May 28, 1985
Work Session of the City of Denton City Council on Tuesday, May
28, 1985, at 5:30 p.m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
S-.30 P.M.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252.17
V. A. T. S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V. A. T.S.
C. Personnel Under Sec. 2(g), llrt 6252-17 V.A.I.S.
P. Board Appointments Under Sec. 2(g), Art
6252-17 V.A.T.S.
Special Called Meeting of the City of Denton City Council on
Tuesday, May 28, 1985, at 7:00 p.m. in the Council Chambers of
the Municipal Building at which the following items will bo
considered:
7:00 p.m.
1. Consider approval of a Resolution in Appreciation of
Phyll.s M. Morris.
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 ire accordance with the Staff
recommendations.
A. Bids and Purchase Orders:
Listed below is a purchase order to be approved for payment
under the Ordinance section of the agenda. Detailed back-up
information is attached to the ordinance (Agenda item 4,A).
This listing is provided on the Consent Agenda to allow Council
Members to discuss this item prior to approval of the ordinance.
1. Purchase Order 1 68500 to Weathertalker in
the amcunt of $14,850.00
t
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;
City of'Denton City Council Agenda
May 28, 1985
• Page Two
B. Final Payment;
1. Consider approval of final payment for water
and sewer relocation at Loop 288 to Calvert
Paving Company, Bid 0 9364 in the amount of
$14 553.70. (The Public Utilities Board recom-
mends approval.?
3. Public Hearings:
A. Hold a public hearing concerning the petition of
Hammett 8 Nash, Inc. for annexation of approxi•
mately 361.708 acres situated ii, the H. May
Survey, Abstract 807, and the V. E. Gallor
Survey, Abstract 452, and beginning we -t of rat
2164 (North Locust) approximately 7,000 feet
north of Hercules Lane (A-16). (The Planning and
Zoning Commission recommends approval.)
4. Ordinances:
A. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materi.als, equipment, supplies or services in
accordance with the provisions of state law
exemptiag such purchases from requirements of
competitive bids; and providing for an effective
date.
S, Resolutions:
A. Consider approval of r4 resolution accepting the
Federal Energy Regulatory Commission s order
issuing Denton a 11,:ense for the Ray Roberts
Hydroelectric Project. (The Public Utilities
Board recommends approval.)
6. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
7. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
17890
•
B R T I P I C A T B
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 1985 at (Ah o' clock
C Y SBCRSTARY
AGENDA
CITY OF DENTON CITY COUNCIL
May 28, 1985
Work Session of the City of Denton City Council on Tuesday, May
28, 1985, at 5:30 p.m. in the Civil Defense Room cf the
Municipal Building at which the following items will be
considered:
5:30 P.M.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V. A. T. S.
8. Real Estate 9nder Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Appointments Under Sec. 2(g), Act
62S2-17 Y.A.T.S.
Special Called Meeting of the City of Denton City Council on
Tuesday, May 28, 1985, at 7:00 p.m. In the Council Chambers of
the Municipal Building of which the following items will be
considered:
7:00 p.m.
1. Consider approval of a Resolution in Appreciation of
Phyllis M. Morris.
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorit.es the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
A. Bids and Purchase Orders:
Listed below is a purchase order to be approved for payment
under the Ordinance section of the agenda. Detailed back-up
information is attached to the ordinance (Agenda item 4.A).
This listing is provided on the Consent Agenda to allow Council
Members to discuss this item prior to approval of the ordinance.
1. Purchase Order 1 68500 to Weathertalker in
the amount of $14,850.00
' ' f. f F .r i.r rr a 1 v,~T ;h x% r 's : ~5`9
City of Denton City Council Agenda
May 28, 1985
Page Two
3. Final Payment:
1. Consider approval of final payment for water
and sewer relocation at Loop 288 to Calvert
Paving Company, Bid 9364 in the amount of
$14j553.70. IThe Public Utilities Board recom-
mends approval.)
3. Public Hearings:
A. Hold a public hearing concerning the petition of
Hammett 8 Nash, Inc. for annexation of approxi-
mately 361.708 acres situated in the H. May
Survey, Abstract 807, and the V. E, tailor
Survey Abstract 452, and beginning west of FM
2164 North Locust) approximately 7,000 feet
north of Hercules Lane (A-16). (The Planning and
Zoning Commissioa recommends approval.)
4. Ordinances:
A. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date.
5. Resolutions:
A. Consider approval of a resolution accepting the
Federal Energy Regulatory Coc^_wission s order
issuing Denton a license for the Ray Roberts
Hydroelectric Project. (The Public Utilities
Board recommends approval.)
6. Official Action on Executive Session Items:
A. Legal Matters
B, Real Estate
C. Personnel
D. Board Appointments
7. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
1789C
C L R T I F I C A T E
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 , 1985 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
w k~ 4 ~ ~ ~,i i ~ •46,4 ~,ky.
In apme on of
•PErr,ars M, M04USN
wNEREAS, on May 310 145, the City of Draw will lose the
services of Phyllis M. Morris, an exceptional and
dedicated employee) and
WHERE", Oat date rill awrk the end of over seven years of
public service by Phyllis Morris as the Deputy Clerk
or Municipal Court for the City of Denton) and
WHEREAS, during her tenure as Deputy Clerk, Phyllis has served
above and beyond the note efficient discharge of bar
duties is gaining tbi respect of the attorneys,
fudges an staff vith vboe she votked) and
MBEREAS, although the City regrets the loss of a valuable
employ", ve share the concern of Phyllis over the
health of her daughter end ferveatlg bops bar medical
triftaeat rill result is a complate recovery)
MOM, rmsm", the city Council of the City of Denton wishes to
acknowledge with grateful appreciation the service of
Phyllis M. Morris and the tireless devotion she bas
given to the office of Deputy Clerk o` Municipal
court of the City of Denton, and orders .'at thin
Resolution be made a part of the official m.Rutes of
f this council to Le a permanent record of the City ant
that a can be forwarded to Phyllis Morris as a :oA-n
of our appreciation.
PASSED AND APPROVED this the 78th day of May, 1985.
.y
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May 28, 1985
CITY COUNCIL AGENDA ITEM
TO: MAYuR AND MEMBERS OF THE CITY COUNCIL
FRO14: G. Chris Hartucig, City Manrger
SUBJECT:
-asider Final Payment for Water and Sewer Relocation Loop 285-
Calvert Paving Company, Bid 09364, for the Amount of $14,553.70.
RECOMMENDATION
The Public Utilities Board, at their meeting of May 1S, 1985,
recommended to the Council approval of this payment. The
project is completed and has been accepted by the Utility
epartmw,
SUMMARY
The City Inspection Department has approved this project as
being complete and the Utility staff has accepted it for city
maintenance. This regct3t is for the approval of the final
payments to the contractor.
BACKGROUND
These t;.o CIY projects are for relocating water and sewer lines
and placement of empty casing pipes to accommodate the new Loop
288 construction by the Texas Department of Highways.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED
Denton Municipal Utlities, City agencies, contractors.
FISCAL IMPACT
A) Waterline Rel,cation Contract e aurt
($97,397.SO (original) minis $6,280.SO (CO 11)) 910117.00
Less Payments Made to Date 82 OOS.30
Net Final Due 99111.70
Source of Funds: Water Bond Funds
623-008.0461-9114.7943
B} Sewerline Relocation Contract Amount
($17,100 (original) F 3,732.00 (CO #1)) 209832,00
S 390.00
Less Payments Made to ate nS9442,00
Net Final Due
13 PT f Source of Funds: Sewer Bond Funds
624-008-0471-9114.9952
TOTAL NET DUE WATER $ SEWER $14,SS3.70
70
Prepared by: Respectfully submitted,
Stini Sundaramoorthy •
O's ZZzo.=4
Civil Engineer
r
City Manager
AdI . 4o,'
P, Director of Utilities
EXHIBIT I Final Paypent Request Tabulation
II Minutes PUB Meeting of S/15/8S
368SU:2
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NOATK LOOP 208 UTILITY RELOCATIONS AND CASINOS
BID TAAULATIOK SHUT
taw Dosewtiog Estimated Extented
Unit uartit pride _ Total
•1 16" PVC water LP 440 s 37.00 16,2eQ:oo~--
•2 16" Gate Valve CA 1 3000.00 3,000,00
• 14" PVC Water LP 510 20.00 10.200.00
•4 10" Gate Valve ~ 1 1000.00 10000.00
-S Fire Hydrants ~ 2 1500.00 30000.00
-6 6" Gate Valve EA 2 500.00 18000.00
r 14" Bore LP 105 100.00 100500.00
Z 8" Duetile Iron Sawormai-a LP 580. 20.00 110600.00
2 4' Manhole EA 3 1500.00 4,500,00
3 Break Into Existing Us 2 500.00 10000.00
Manhole
1 18" Steal Casing LP 310 26.50 a, 215.00
2 24" Steal Casing LF 101.3 28.°0 28,870.00
3 24" (Split) Steal Casio& LP 167 38.00 6046.00
36" Steal Casing LF 82 33.00 _ 21706.00
TOTAL $108,217.00
C.O. 41 8" D.I. Sewer 3,232.00
C-0. #1 Drop MH ~ 500.00
$111,949.00
Previous Payments 97.395.50
Final Ne' Due $ 14,553.70
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Public Utilities Board Meeting
May 1S, 1985
Pa84 S
Coomes expressed the concern that the study must have
public and City Council credibility. Laney agreed.
Thompson indicated that we would recruit experts in
each area which would give credibility to the study.
Laney also reminded the Board that the City Charter
was developed in a similiar manner and is considered
to be a credible and outstanding document.
Herring suggested that we have Legal rule on the
proposed plan and proceed from that decision. Laney
suggested Thompson outline the proposed program. Ill
the meantime, Herring asked that the proposed pro ram
be ready and viewed I;ior to the next meeting.
Thompson agreed to do so.
Horring femis we will need a full time person to work
for six monvhtt on this project. Boyd suggested we
include Utility personnel and input from the Board.
Herring made a motion to postpone action on item 84
until the next scheduled meeting, June 19th at 7:30
p.m. Boyd seconded the motion. All ayes, no nayes,
motion carried.
EMERGENCY AGENDA
1. Consider payment from Calvart Paving Company on Loop 288
water and sewer line relocation.
This item was presented by David Ham. The project is
completed to the satisfaction of the Utilities Department.
Final payment duo is $14.SS3.70 of the total contract
amount.
Thompson made a motion to recommend the $14,SS3.70 final
payment on the project to the City Council. Second byf
Coomes. Motion carried. 11
Nelson requested the Board to get a copy of it's planning
issues to the City Council for review.
The Public 'Utilities Board set its next meeting for Jun:► 19, 1995 at
7:30 p.m.
Meeting adjourned at 10:36 p.m.
3679U
r~DArB 05 / c! /!15
CITY CWACIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJBCY: HOLD A PUBLIC HEARING REGARDING THE PETITION OF HANKM A WASH, INC.
FOR ANNEXATION OF APPROXIMATELY 361.708 ACRES SITUATED IN THE H. MAY
SURVEY, ABSTRACT 807 AND THE V.B. GAILOR SURVEY. ABSTRACT 452 AND
BEGINNING WEST OF FH 2164 (N. LOCUST) APPROXIMATELY 71000 MEET NORTH
OF HERCULES LANE to-16).
RECOMME IDATIQM,.
The Planning and Zoning Commission recommended approval by a vote of
7-0 at its meeting of may 8, 1985.
SUMMARY:
This is a voluntary annexation petition.
BACKGROUND:
Not applicable.
PROGRAMS. D'dPARTMENT3 OR GROUPS AFFECY~:
There are no existing structures or residences.
F-ISCAL IMPACT;
Unde{:ermined
Respectfully submitted:
•
G.Cre g
City Manager
Pis &r4d by:
David Ellison
Senior Planner
Approiftt::sk
Jeff Mevar
Director of Planning
and community Davolopment
1183g
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: May 28, 1985
SUBJECT: Hold a public hearing concerning the petition
for annexation of Hammett & Nash, Inc. for
approximately 361.708 acres situated in the H.
May Survey, Abstract 807 and the Z. E. Gailor
Survey, Abstract 452 and beginning vest of FM
2164 (North Locust) approximately 7,000 feet
north of Hercules Lane (A-16).
SUMMARY: This is a voluntary annexation petition. A
change in zoning request is anticipated. This
site is located approximately 2.000 to 3,000
feet north and east of the Texas Instrument
tract. Limited public facilities are available
in the area of utilities. North Locust or FM
2164 is maintained by the State.
A Pre-design Conference was held by the
Development Review Committee on January 15,
1985, to consider possible light industrial (LI)
zoning on this parcel. This site to located in
a low intensity area and comments of the
Development Review Committee are attached for
information.
ACTION REQUIRED: Hold a public hearing, no action required to
continue process.
RECOMMENDATION: The Planning and Zoning Commission recommended
approval at its meeting of May 8, 1985.
PROGRAMS
DEPARTMENTS, OR
GROUPS AFFECTED: No existing structures or residents are affected
FISCAL IMPACT: if annexed prior to development, no City
services will have to be provided.
ATTACHMENTS: 1. Map
2. Development Review Committee minutes of
January 150 1985
3. Planning and Zoning Commission minutes of
may Be 1985
4, Service plan
.
rav d Ellison
senior Planner
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Minutes
Development Review Committee
January 15, 1985
DRC Members Preeqnt: Harks Jefferson, Don McLaughlin, Robert
Hageman, David Ellison, Harry Persaud, David
Salmon, Robbie Baughman and Ray Rumfield.
Engineer, Planner,
Architect, Surveyor,
or other development
interests present: James Cozby, Bill Nash
XIX. Review of Proposed Annexation and Light Industrial Zoning
383.758 Acre Tract in the H, Mry Survey Abstract 807 and the
V. E. Gailor Survey Abstract 452
A. Engineering
1. Seems to have some small drainage channels running
through tract including some ponds.
2. Since tract is proposed light industrial we strongly
recommend that detention be used to handle the large
amount of runoff.
3. This area beyond the boundaries of our thoroughfare
plan. Since its proposed use is light industrial and
near proposed Loop 288 some collector streets will be
required if approved. Requizements for an arterial
will be discussed when more information is provided.
4. No further comments due to lack of information.
B. Transportation Engineering
1. Adequate right-of-way on Locust will be required at
time of zoning and/or platting.
2, No comment on annexation.
C. Water and Sewer
1. Nearest water ling is 4,500' BOUth on Locust (F',M,
2164) at Hercules at well. May not be enough fire
flow (3,000 g.p.ma required).
2. Nearest sanitary obwer is at Reline and Stuart Road.
Approximately 3,000' south and 3,000' east of
property. A 10" sewer at this point runs down to
Cooper Creek outfall. Study is required to see if
this 10" sower system has capacity to accomodate
proposed toning and/or development.
Minutes
Development Review Committee
V. E. Gailor Survey
January 15, 1985
Page 2
C. We;'.-or and Sewer (Continued)
3. No pro rata charges required.
4. Pro rata agreement may be had.
5. Oversize agreement required.
6. Outside city limits approval not required if annexed.
D. Electric
Dual service area with Denton County Electric Cooperative
electric service from the City of Denton could be arianged
at customer request. Service would be per Commercial/
Industrial Regulations.
E. Fire
1. Fire hydrants required every 300 feet.
2. Must provide an all weather driving surface on not
less than 20 feet of unobstructed width, with ade-
quate roadway turning radius capable of supporting the
imposed loads of fire apparatus before construction
begins.
3. Fire hydrants and water system must be operational
before construction begins.
4. The access roadway shall be extended to within 150
feet of all portions of the exterior walls of the
first story of any building.
5. Uniform Fire Code, 1982, is applicable.
6. All the above comments are to be effective if proposed
zoning and annexation are passed (approved).
F. Building Inspection
No comments at this time.
0. Lone Star Gas
No comments at this time.
H. O.T.E.
No representative was presentA
'P7M M 1 I r i~Tr . i p V `,n y er r r l l i
4.
Minutes
Development Review Committee
V. E. tailor survey
January 15, 1985
Page 3
I. Cox Cable
J. Solid Waste
Service not available, because the development is outside
of the city limits. Service will be provided if annexed.
K. Parka and Recreation
No representative was present.
L. Planning and Community Development
1. This site is located in a low intensity area and staff
would strongly oppose light industrial zoning. The
current Development Guide policies on which staff
bases its recommendations call for predominantly low
density residential land use emphasis. Limited high
intensity uses such as commercial/retail/neighborhood
service to office may be permitted up to 6 acres total
within 1/2 mile distance or half the length of
Intensity area study boundaries.
2. If there is an active interest in high intensity
development and zoning in this area, staff recommends
that the owners or development interest formally
request that the Development Guide policies and low
intensity designation for this area be changed to a
high intensity area. Staff will not support such a
proposal from a recommendation standpoint, but will
assist in processing request so the Planning and
Zoning Commission and City Council can make a decision.
3. The Development Review planning section is also
availablo for consultation if a formal :hange in
zoning petition is submitted regardless of the nature
of the request. Staff is also available for more
detailed discussion of Development Guide policies and
the implementation pxocesse
c
P $ Z Minutes
May 8 1985
Page
B. A-16. Petition of Hammett 6 Nash, Inc. for annexation
of a tract approximately 361.708 acres in size situated
in the H. May Survey, Abstract 807, and the V. E. Gailor
Survey, Abstract 452, and beginning west of FM 2164 (North
(UNAPPROVED) Locust) approximately 7,100 feet north of Hercules Lane.
STAFF REPORT: Mr. Ellison stated that a formal petition
was made or annexation, that a request for a zoning change
has been discussed but no immediate development is antici-
pated. He said that apparently people feel that policies
may change and properties outside city will not be served
by city utilities. On question, Mr. Ellison said that the
loop is located about 3,000 feet north of this site. On
further question, he stated that if property develops the
city could have a leap frog situation, that developer
would have to extend utilities. He continued that since
no development is planned at present time, staff does not
feel annexation would be detrirental and it is probably not
a bad idea to annex property before development occurs.
DECISION: It was moved by Ms. Cole, seconded by
rl-.forte and unanimously carried (7-0) to recommend
approval of A-16.
I
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PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON] TEXAS
WHEREAS, Article 970a an amended requires that a plan of service
be adopted by the governing.body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Se^tion 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
I, Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(t) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from'new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton. Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of t.ie City of Denton, 'texas.
E, Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes; measures necessary for traffic flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation,
H. Planning and Zonint;
(1) The Planning end Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area,
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of annexation, The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K, Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
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A•16
ANNEXATION SCHEDULE
1.,,hprit 080 1985 Submit City Council agenda item
we, April 090 1985 Submit City Council agenda back-up
✓f~prtt 16. 1985* City Council sets date, time and place
for public hearing
✓ May 01. 1985 Notice to Denton Record Chronicle
v May 03, 1985 Publish notice and mailout
May 06, 1985 Submit city council agenda item
May 07. 1985 Submit City Council agenda back-up
Nay 08. 1985 Planning and Zoning Commission sakes
recommendation
i/ May 140 1985* City Council holds public hearing
j/ May 15. 1985 Notice to Denton Record Chronicle •
May 17. 1985 Publish notice and mailout
May 20. 1985 Submit City Council agenda item
v May 21. 1985 Submit City Council agenda back-up
May 28, Special called meeting of the City
Council for second public hearing
June 100 1985 Submit City Council agenda item
June 111 1985 Subunit city council agenda back-up
June 18. 1985* City council institutes annexation
proceedings
June 200 1985 Ordinance to Denton Record Chronicle
June 23. 1985 Publish ordinance
July i5. 1985 Submit City Council agenda item
July 16. 1985 Submit City Council agenda back-up
July 23. 1985* final action by City Council at special
called meeting
*Denotes action by the City Council
09649
q'~:n . tea r
Service Plan
Annexed Areas
Page three
I,. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
7 Ines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judge!: accordingly to the same
established criteria as all ogler areas of the city.
~r¢{' 'St 1 5~ $~S.~i"M', (\yY~Y.£yiY ~•s p ,~a tr'4~c'-a "_5?r. ~.r ~ks ' r+ r k wi ~A ~
RR y- i~ 7 h nSs ~
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS F04 EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES 08 SERVICES IN ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, state law requires that certain contracts requiring
so expenditure or payment by the City in an amount exceeding $5,000
be by competitive bids, except in the case of public calamity
where it becomes necessary to act at once to appropriate money to
relieve the necessity of the citizens, o: to preserve the property
of the city, or it is necessary to protect the public health of the
citizena of the city, or in case of unforeseen damage to public
property, machinery or equipment; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of sore than
$3,000; and
WHEREAR, Section 2.09 of the City Charter requires that ovary
act of the council providing for the expenditure of funds or for
the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the City Council hereby determines that there is a public
calamity that makes it necessary to act at ones to appropriate
money to relieve the necessity of the citizens, or to preserve the
property of the city, or to protect the public health of the
citizens of tha city, or to provide for unforseen damagge to publ.e:
propperty, machinery or equipment, and by reason theveof, the
following Omartency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders' attached hAreto,
are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
68500 Weathertalker 3i40850.00
~r,rrr.~rr. rrrrr-rr,rr
rt o .
SECTION 11.
That because of such emergency, the Cie), Manager or designated
employee is hereby authorized to purchase Chu materials, equipaon'.$
supplies or services as described in the atcsched Purchase Orders
and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of
state law exempting such purchases by the City from the require-
ments of competitive bids.
SECTION 111.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of MAX , 1985.
CITY OF DENTON, TEXAS
ATTEST:
UMMEME ALLEN CITY SECRETARY
CITY OF DEMON,OTEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADANI DRAYGVITf:H, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE 2
DATE: 5/28/85
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: PURCHASE ORDER #68500 WEATHERTALKER, INC.
RECOMMENDATION: We recommend this purchase order to Weathertalker, Austin,
Texas, be approved in the amount of $14,850.00.
SUMMARY: This purchase order is for the emergency purchase of a
Weathertalker, Automatic Airport Advisory System. The
price includes installation and instrucitons in use
and operation.
BACKGROUND: Purchase Order #68500
Quote 000235 from Weathertalker
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Airport Operations
FISCAL IMPACT: 1984-85 Budget Funds to be transferred from available
accounts to Account Number 100-002-0019-9110.
Respectfully submitted:
r s ar ung
City Manager
Prepared by:
Name: Tom D. Shaw, C.PXM.
Title; Assistant Purchasing Agent
Approved:
rti.: s o n Marshal , C.P;M.
Purchasin# Agent
215 E. M^IJNNEY ST. PURCHASE ORDER DENTON, TX 70201
P6i'MBER DATFE ~OF~10. AIR
Pi~FtTUMENT TYt
ppppRR WEAS4000
NRIP 'RTALKER SHIP TO:
P•O. BOX 12817
AUSTIN• TX 78711
ITFJ,t ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOU
;'1-100 002 0019 9110 1 MEATHEATALKER AUTO• AIRPORT 13r8:0*00
02 100 002 0019 9120 ADVISORY.
03 100 002 0019 9110 1 INSTALLATION/11NISTRUCTION 10000000
The ton, TeXae to taut exempt • House BIll No. 20. T FOR P•n• 14.650.U0
Reference P.O. Number on all 811., Shipments and Invoices.
Shipments are F.O.B. City of Denton, or as Indicated.
tlow Invoices TO: Dbegt All lrt"Wm TO:
City of Denton, Accounts Payable John J. Ma4hall, O.P.M. Purchasing Agent
213 E. McKinney St., Denton, TX 78201 Tom 0. Shaw, C P.M. Asal, Purchasing Agent
Phone 81716888223 81715"11 DIFW Metro 2874042
The City of Denton Is an equal opportunity employer
WEATHERTALK'ER
P,O, BOX 32817
AUSTIN, TEXAS 78711
77
pletse Indicate
r wM[ sembar meer
0 0 0 2 3 5
TO Mr. Linch anonorder n,
races 1w uur A [
Denton Municipal kirport 5/15/85 Net 30 Days
/ an O "1 1 A
-fit, ox 106 4-5 weeks ARO Best way
eAL[eMAR r.O.a. Ilrf. COLL.
• J.A. Koehn Austin P
4ERE 18 OUR QUOTATION ON THE 00008 NAMEO,SUBJECT TO THE CONDiT1ONB NOTIM r
CNDITIONS: The pokes %;,.d terms an this "talion ate not subiect la verbal ehonges or other agreements unless app roved in writing by Ifie Home Office of the Seller,
if quolovici and ogreements are contingent upon strikes, accidents, firzs, avoiloli of maiv is and all other causes beyond our control. ptkes ore band an costs and
andalons esrstinq on date of quotation and we tubjefo so change by the Seller belci finol acceptance.
Typographkol and stenogrol is erron subject to correctlon. pwchoor agrees to accept either overoge a shortage nos In escea of ten pefaM to be charged for pro•rola.
•uchuser ommn liability for potent and copyright Infringement when goods are mode to purchaser's spec;! cotionL When quotation speclfits muletial to be furnlshed by the
echoer, ample ollorolke must be mode for reasonable spoilage and material must be oI svituble gvohry to lucildate ellkient production. purchaser's
Canddianl not spenfkoly staved Wei sholl be gove•nad by oslobhshed hods cusroms, farms incc isteni with that* staled Wei which may appear on
welot order will nor be Wriding ars the Sena. r
lx WEATHERTALKER, Automatic Aiport Advisory M850,00
IneCallation and instructions in use and operati ne 1000.00
TOTAL, SYSTEM C CST $14t.850,00
%
r
• i
~ of
w, W 1 t n e M a.«.s /wi4 w.. Cdr t,w w ~
oY _ SC
QUOTIt VALID Mill 60 OAY1.
e r:
May 28, 1995
CITY COUNCIL AGENDA ITEM
.
TO: MAYOR AND M ~NBERS OF THE CITY COUNCIL
FROM: G. Chris Hartung, City Manager
SUBJECT
Consider Resolution Accepting the Federal Energy Regulatory
Commission's Order Issuing Denton a License for the Ray
Roberts Hydroelectric Project.
RECOMMENDATION
The Public Utilities Board, at their meeting of April 10,
1985, recommended to the Council approval of subject
Resolution by the Board.
S UMM AR Y
The City of Denton has received the construction and
operation license from the Federal Energy Regulatory
Commission (FERC), for the Ray Roberts hydroelectric
pro ect. The subject order is attached herewith. To
validate the order issuing the license, the City of Denton
must approve a Resolution accepting the subject licensing
order. The City will be required to start construction
within two years of date of license, i.e., March 1987. The
order does indicate a two-year extension may be possible at
that time. Ray Robert Dam is scheduled to begin filling in
September 1987.
FISCAL IMPACT
Hydro project estimated cost $2,8580000
Prepared by: Respect{ b i red,
•
R. E. Nelson
Director of Utilities G. Chris Hartung
City Manager
Appr ~d~ _ AJ
K. E. Nelson, P,E.
Director of Utilities
EXHIBIT: I Resolution
11 License
III Minites PUB Meeting of 4/10/8S
368SU:3
1066L
R E S O L .U T I O N
WHEREAS, the City of Denton, Texas has filed an application
with the United States of America, Federal Energy Regulatory
Commission, for a license under Part I of the Federal Power Act
to construct, operate, ano maintain the Ray Roberts Dam Project
No. 3939; and
WHEREAS, the feasibility study for the construction of the
Ray Roberts Dam Hydroelectric Project has been completed and
presented to the Denton City Council; and
WHEREAS, the City of Denton has received an Order Issuing
License (Major) (Issued March 20, 1985) from the United States of
America Federal Energy Regulatory Commission for said Project
No. 3931; and
WHEREAS, the City Council of the City of Denton, Texas
recognizes the feasibility of the Ray Roberts Dam Project 3939;
NOW9 THEREFORE,
i BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF DENTON* THAT:
SECTION I.
The Director of Utilities of the City of Denton, Texas, be
and is hereby authorised to accept the terms and conditions of
the subject order between the United States of America, Federal
Energy Regulatory Commission, and the City of Denton, Texas.
SECTION It.
This Resolution shall be effective immediately upon its
passage.
PASSED AND APPROVED this the day of , 1985.
RICHARD 0. STEMT-j7AYff--
CITY OF DENTONs TEXAS
ATTEST:
CITY SECRETW
CITY OF DENTONs TEXAS
APPROVED AS TO LEG)l FORM:
DEBRA ADAHI DRAYOV).TCHs CITY ATTORNEY
CITY OF DENTONs TEXAS
BY:
1
so FMC 04 305
LICENSE
EXTENSION OF TIME
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commoi3sionersi Raymond J. O'Connor, Chairman=
Georgians Sheldon, A. G. Sousa,
Oliver G. Richard III and Charles G. Stalon.
City of Denton, Texas ) Project No. 3939-001
ORDER ISSUING LICENSE (MINOR)
AND DENYING EX3ENSION OF TIME
(Issued March 20, 1995)
The City of Denton, Texas (Applicant) has filed an application
for a license under Part I of the Federal Power Act (Act) to
construct, operate and maintain ttt,. Ray Roberts Dam Hydroelectric
Project No. 3939. The project would be located at the downstream
terminus of the outlet works of the proposed Ray Roberts Dam, on
the Elm Fork of the Trinity River, in Denton County, Texas, would
occupy lands of the United States, and wuj1d use a government dam
and reservoir being constructed by the U.S. Army Corps of Engineers.
.Notice of the application has been published and comments have
been received from interested Federal agencies. No protests or
motions to intervene have been received and none of the commenting
agencies objected to issuance of the license. The significant concerns
of the commenting agencies are discussed below.
The Proposed Proiect
The Applicant proposes the construction of a hydroelectric
project at the planned Ray Roberts Dam. The proposed dam and
reservoir will be owned and operated by the U.S. Army Corps of
Engineers (Corps). The proposed hydroelectric project would be
operated run-of-river, with reservoir release rates being controlled
by the Corps, as agreed upon by the Corps and the Licensee.
The Applicant proposes to davelop the flow of a 60-inch low-flow
discharge pipe at a wye, to be installed by the Corps just upstream
from the proposed stilling banin. The. Applicant plans to install
175 feet of penstocks a powerhouse housing one generating unit
with an installed capacity of 1,000 kw, a tailrace, and 2,000
feet of 12 4a kV transmission line interconnecting with the Denton
County Electric Cooperative distribution system. A more detailed
project description is contained in ordering paragraph (9).
Project No. 3939.001
-2-
Commencement of Conetruction
The Applicant has notified the Commission that
of project construction its commencement
is contingent upon the Corps' reservoir
impoundment schedule. According to the A
proposed for the project require half theirldesign headtI/ ines
order to operate without being damaged. Based on the Corps' estimate
that the filling of the reservoir should begin by September 1986
and the Applicant's estimate that it should take at least four
years to fill the reservoir/ the Applicant claims that it will
not be able to begin to operate the
rojil late early 1989 when the reservoir is at leastchalftfullo 1988 pl
The Applicant
contends that it should not be required to commence roect
construction and therefore commit. considerable public funds# until
the project's estimated completion date corresponds with the
reservoir being sufficiently full to permit the project to actually
operate and earn a roturn on the investment of those public funds. 2/
Section 13 of the Federal Power Act (Act)1 16 U.S.C, S 8061
requires construction of a project to begin no later than two years
after issuance of the license. This period may be extended only once
and for no longer than two years. Thus/ while the Act provides for
a combined period of four years to commence construction► the maximum
period that may be permitted under the initial license is two
yearse
grant an•extension at the licensing stage would violate the Act's
two year construction requirement. We willl follow the plain meaning
of the Act J that "the time fixed in the license shall not be
more than two years from the date (of issuance)►' and deny the
Applicant's request.
Moreovar► even if wa were authorized to grant an extension at the
licensing stage, we believe that the exercise of such discretion is
unwarranted at this time. The Applicant's request is based on its
estimate of the time it will need to build the roe# the time
needed to fill the reservoir, and the Corps estimatedtconstruction
schedule. It is far too early to determine the accuracy of these
t/ 'Design head' is the head (pressure of the water) at which the
turbine will operate to give the best overall efficiency under
various operating conditions.
The Applicant estimates that it will take ten months to complete
project construction.
Bee Consumer Product Safety Comm'n, v. GTE Sylvania, inc., 447 bsSa
1 (1900) (statntary language is conclusive absent clearly expressed
legislativ+ intent to the contrary).
- 1
. r'' r,S~ t '.ra. rr •t~i&~ r iv
r
Project No. 3939-001 -3-
projections. Our staff reports that as of January 1985, the Corps'
construction of the Ray Roberts Dam is estimated to be approximately
801 complete. If the Corps is able to accelerate its schedule 4/
and if the reservoir fills at a rate greater than that anticipated,
the Applicant may find it appropriate to proceed with project
construction during the two year term provided by the license.
Moreover, as the Applicant proceeds with its preliminary activities
in preparation for active project construction, it may find its
ten month anticipated construction schedule may have to be expanded.
In any event, such determinations are more appropriately made at the
post-licensing stage. 5/
Accordingly, we will deny th• Applicant's petition for an
extension of time to commence construction. Our decision is without
prejudice to such a request bainq refiled at some future date,
9atety and Adecuacy
The proposed Corps' dam is not included in this license, The
proposed development would be sate and adequate if constructed in
accordance with sound engineering practice and the requirements
of this license.
Cultural Resources
Cultural resources may be present in the vicinity of the projects
The Texas State Historic Preservation Officer (SHPO) indicated that
one historic site (site 41DNI29) could be impacted by construction
activities in the vicinity of the proposed powerhouses The SHPO
recommended that the licensee take precautionary measures to avoid
any construction impacts to the site, and to consult further with
the SHPO if the destruction of any structures at the site would
result from thee* activities.
In accordance with standard Commission practice, and in ordo r
to implem4nt measures to protect site 41DN129 and to ensure
protection of significant archeological or historical sites that
may be discovered during project construction or during any future
construction at the project, Article 39 is includeds
The Applicant has recognized that the Corps is currently running
approximately four to five months ahead of its original completion
date ann has based its projections on this schedules
By letter dated May 9, 1984, the Applicant stated its intention
to commonce construction within two years it the Commission
did mot grant its requested extension.
,'743, <t i", `.i", ,v IA•• • YI, v
Project No. 3939-001 -4-
i
Fishino Access
rho Corps commented that there would be a public fishing platform
below the proposed dam, and indicated that the licensee should provide
an additional 100 feet of fishing access downstream from the platform
in order to allow fishing in the discharge below the powerplant.
The Applicant agreed to provide the additional fishing access,
which would consist of stairs extending down to the normal water
level and a concrete walkway at that level.
To ensure that the public recreational fishing needs are adequately
provided for, Article 38 is included. it could require the licensee
to cooperate with the Corps in developing a public fishing access
area below the dam, and to file as-built drawings snowing the location
and type of facilities providede
environstental impacts
The Texas Department of Water Resources issued a water quality
certificate for the proposed project on March 29, 1982s
Article 40 is included in order to provide for the licensee's
consultation and cooperation with appropriate agencies for the
protection and development of environmental resources and values,
On the basis of the record, and Staff's independent analysis,
it is concluded that issuance of a license for the project would
not constitute a major Federal action significantly affecting the
quality of the human environment.
Economic Feasibility and Other Aspects of Comprehensive Development
Power generated at the project will bit transmitted to the Denton
County Electric Cooperative (Cooperative) t,,) credit the City of
Denton for its power purchased from the Cooperative. The project
would hays, an installed capacity of 1,000 kW and is estimated to
generate, 7,750,000 kWh annually. 6/
The proposed project is economically feasible based on the
sale of project power at the avoided cost in the State of Texas,
adjusted for escalation.
The proposed project will utilise a renewable resource that
moves the equivalent of approximately 12,700 barrels of oil
or 3x590 tons of coal per year.
Project No. 3939-001 The project is not in conflict with any planned development
and will be best adapted to the comprehensive development of the
Trinity-San Jacirto River Basins under current conditions upon
compliance with the terms and conditions of the license.
.hnnual Charges
Under Section 10(e) of the Act, the Commission is required to
fix a reasonable annual charge to be paid to the United States for
the use of a government dam. The Commission, on May 24, 1984,
amended it regulations governing annual charges to licensees for
use of Government dams and other structures under the Act. 7/
Under Articie 27 of this licensee.the provisions of those regulations,
until modified by the Commission, will govern the determination of
annual charges for use of a Government dam and other structures,
it is ordered thats
(A) This license is issued to the City of Denton, Texas,
(Licensee), under Part I of the Federal Power Act (Act), for a
period of 50 years, effective the first day of the month in which
this order is isssred, for the construction, operation, and
maintenance of the Ray Roberts Dam Hydroelectric Project No. 3939,
located on the Elm Fork of the Trinity River, occupying lands o!
the United States and utilising a proposed dam owned by the United
SLsites administered by the U,S, Army Corps of Engineers. This
license is subject to the'terms and conditions of the Act, which
is incorporated by reference as part of this license, and subject
to the regulations the Commission issues under the provisions of
the Act.
(B) Applicant's request for an extension of time to commence
project construction is denied.
(C) The Ray Roberts Dam Hydroelectric Project No. 3939
consists ofs
(1) All lands, to the extent of the Licensee's interest in
those lands, constituting the project area and enclosed by
I
7/ Annual Charges For Use Of Government Darrs And Others Structures
Under Part I Of The Federal Power Act, Order No. 379, 49 Fed, Reg.
22,770 (June 1, 1984), 111 F9RC Statutes and Regulations (CCH)
I 30,S70 (effective August is, 1984), amended in part► Order 379;.,
44 Fed, Reg, )3,8S9 (August 37, 19800 Ill RC Statutes and
Regulations (1.CH) y 30,589 (to be codified at 18 C.F.R. ch. I,
pt, 11, subeh, d).
Project mot 3939-001 .ti-
the project boundary. The project area and boundary are
shown and described by certain exhibits that form part of
the application for license and that are designated and
described ass
Exhibit FERC No. 3939- Title
C- ~ 3 Location P an `
G-2 4 Proposed Dam
0"3 5 Project Boundary
(2) Project works consisting oft (1) a 60.0 inch-diameter
penstocks constructed of steel pipe encased in concrete, and
extending 17560 feett (2) a reinforced concrete powerhouse,
32.0 feet-long and 22.0 feetrwide, containing a single
genttatinq unit with an installed capacity of 1,000 M (3)
a W,nforced concrete tailrace# 11.0 feet-wide and 44.0 feet-
longi (4) electrical equipment consisting of 4.16-kV generator
leads= 1,090-kVA, 4.16/12.5-kV transformers approklmately
2,000 feet of 12.5-kV transmission lines and (5) appurtenant
facilities.
The location, nature, and character of these project works
are genvra?ly shown and described by the exhibits cited
above and more specifically shown and described by certain
other exhibits that also form a part of the application for
license and that are designated and described sat
Exhr i~bit As Parts ALI and A2.2
Exhibit FERC No. 3939- 3howina
F-1 1 Plan and Profilo
F-2 2 Powerhouse Plan and Section
(3) All of the structures, fixtures, equipment, or facilities
used or useful in the operation or maintenance of the project
and located within the project boundary, all portable property
that may be employed in connection with the project, located
within or outside the project boundary, as approved by the
Commission, and all riparian or other rights that are
necessary or appropriate in the operation or maintenance of
the project and above,bareEapprovedAandomad* parteofgtheelicens~derinq paragraph (8)
r, Y 1
Project No. '09-001 -7-
(E) Pursuant to Section 10(i) of the Act, It is in the
public interest to waive the following Sections of Part I of the
Act, and they are excluded from the license:
Sections 4(b), except the second sentence: 4(e), insofar as
it relates to approval of plans by the Chief of Engineers
and the Secretary of the Army; 6, insofar as it relates to
public notice and to the acceptance and expression in the
license of terms and conditions of the Act that are waived
here; 10(c), insofar as it relates to depreciation reserves;
10(d); 10(f); 14, except Insofar as the power of condemnation
is reserved; 15; 16; 19; 20; and 22.
(F) This license is also subject to the terms and conditions
set forth in Form L-17 (revised ottober 1975), entitled 'Terms
and Conditions of License for Unconstructed Minor Project Affecting
Lands of the United States,' designated as Article 1 through 26,
(except insofar as standard Article 15 relates to a plan for
clearing the reservoir area), attached to and made a part of this
license. 'fie license is also subject to the following additional
articles:
Article 27. The Licensee shall pay the United States the
following annual charge, effective the first day of the month in
which this license is issued;
.(a) For the purpose of retmbursing the United States for
the cost of administration of Part I of the Act, a reasonable
amount as determined in accordance with the provisions of
the Cosmission's regulations in effect from time to time.
The authorited installed capacity for that purpose is 1,340
horsepower,
(b) For the purpose of recompensing the United States for
utilisation of surplus water or water power from a Government
dam as determined in accordance with the provisions of the
Commission's regulations in effect from ti;ae to time.
Article 2P. The design end ccnstruction of those permanent
and temporary facilities, including reservoir impounding and deep
excavationse that would be an integral part of, or that could
affect the structural integrity or operation of the Ray Roberts
Dam shall be done in consultation with and subject to the review
and approval of the U.S. Army Corps of Engineers (Corps) District
Engineer, Fort North, Texas. within 90 days from the issuance
date of the license, the Licensee shall furnish the Corps and the
Commission's Regibnal Engineer for their information, a schedule
for submission of design documents and the plans and specifications
for the project. If the schedule does not afford sufficient review
and approval tie*, the Licensee, upon request of the Corps, shall'
Meet with tke Corps and tPLRC staffs to revise the schedule accord-
ingly.
a a s i r .t L w
Project No. 3439-001 -8-
Article 29. The Licensee shall file revised Exhibit r
drawings showing the final design of the project for approval
with the Director, Office of Hydropower Licensing# at least
60 days prior to starting construction of any portion of the
project. The Licensee shall not continence construction of that
portion of the project until the Director, Office Hydropower
Licensing, has approved the revised Exhibit F drawings.
Article 30. The Licensee shall provide to the Comm ssion's
Regional Engineer, the Director, office of Hydropower Licensing,
and the U.S. Army Corps of F,ngineers, one copy each of the final
contract drawings and specifications for pertinent features of
the peiject, such as water retention structures, powerhouse, and
water conveyance structures, at least 60 days prior to start of
construction. The Director, Office of Hydropower Licensing, may
require changes in the plans and specifications to assure a safe
and adequate project,
Article 31. The Licensee shall review and approve the design
of contractor-designed cofferdams and d•♦p excavations prior to
the start of cone"ruction and shall ensuro that construction of
cofferdams and deep excavations are consistent with the approved
design, At least 30 days prior to start of construction of the
cofferdam, the Licensee shall provide to the Commission's Regional
Engineer and Director, Office of Hydropower Licensing, and the
U.S. Amy Corps of Engineers one copy of the approved cofferdam
construction drawings and specifications and a copy of the letter(s)
of approval.
Article 32, The Licensee shall enter into an agreement to
coordinate its plans with the U.S. Army Corps of Engineers (Corps)
for accesz to, and site activities on, lands and property administered
by the Corps so that the authorized purposes, including operation
of the Federal facilities, are protected. In general, the agreement
shall not be redundant with the Commission's requirements contained
in this license and shall identify the facility, and the study
and construction activities, as applicable, and terms and conditions
under which studies and construction will be conducted. The agree-
ment shall be mainly composed of the following items: (1) reasonable
arrangements for access to the Corps site to conduct studies and
construction activities, such access rights to be conditioned by
the Corps as may be necessary to protect the Federally authorized
project purposes and operational (2) charges to be paid by the Licensee
t.o the Corps (a) for technical studies by the Corps that relate solely
to the structural integrity or operation of the Corps' facility
associated with power plant development, (b) for review of designs
including plans and specifications, and for construction inspections
based on personnel costs, where such review and inspections are
F+ , rc + k z ~ iT.: ^ t 'r. $ ,r..,l t . T._ q 4 h ! t v r , + t
' ' L i t A 4
a : n
I
Project No. 3939-001 -9-
directly related to the structural Integrity or operation of the
Corps' dam, and (c) for construction costs that may be incurred
by the Corps for tl:e specific and sole purpose of accommodating
the installation of power facilities at the existing Corps' dams
and (3) charges to be paid by the Licensee to the Corps for copies or
reports, drawings and similar data based on printing and mailing
costs, provided that charges shall not be assessed for information,
services, or relationships that would normally be provided to the
public. Should the Licensee and the Corps fail to reach an
agreement, the Licensee shall refer the matter to the Commission
for resolution.
Article 33. The construction, operation and maintenance of
the project works that, in the judgment of the U.S. Army Corps cf
Engineers (Corps), ?orc Worth District, may affect the structural
integrity or operation of the Corps' project shall be subject to
periodic or continuous insp..;tions by the Corps. Any construction,
operation or maintenance deficiencies or difficulties detected by
the Corps Inspection will be immediately reported to the Regionsl
Engineer. Upon review, the Regional Engineer will refer the
matter to the Licensee for appropriate action. The Corps inspector
will report to the Regional Engineer the need to stop construction,
operation or maintenance while awaiting resolution of construction,
operation or maintenance deficiencies or difficulties if such
deficiency or difficulty would affect the structural integrity of
the Corps' project. in cases when construction, operation or
maintenance practice or deficiency may result in an emergency
situation causing imminent ranger to the structural integrity and
safety of the Corps' project, the Corps inspector has the authority
to stop construction, operation, or maintenance while awaiting
the resolution of the problem.
Article 34. The Licensee shall, prior to commencement of
operant one, enter into a memorandum of agreement roith the U.S. Army
Corps of Engineers (Corps), Fort Worth District, describing the mode
of hydropower operation acceptable to the Corps. The Regional
Engineer shall be invited to attend meetings regarding the agreement.
The memorandum of agreement shall be subject to revision by mutual
consent of the Corps and the Licensee as experience is gained by
actual project operation. Should the Corps fail to reach an
agreement with the Licensee, the matter ;:'all be referred to the
Director, Office of Hydropower Licensing, for resolutions Copies
of the signed memorandumo between the Corps and the Licensee and
any revision thereof shall be furnished to the Director, Office
of Hydropower Licensing, and the Regional Engineer.
Z )a ~ . q x e R 'l rf r
.
1
Project No. 3939-001 -10-
Article 35. The Licensee shall have no claim under this
license against the United States arising from the effect of any
changes made in the operation or reservoir levels at the Ray
Roberts Dam.
Article 36. The Licensee shall, within 90 days of completion
of construction, file for approval of the Director, Office of
Hydropower Licensing, revised Exhibits A and F to describe and
show the project as-built.
Article 37. The Licensee shall commence construction of the
project w t n two years from the issuance date of the license
and shall complete construction of such project works within four
years frwa the issuance date of the license.
Article 38. The Licensee shall cooperate with the ).S. Army
Corps o Enq nears in the development of a public fishing access
area below the dam, and within 90 days from the commencement of
project operation, file with the Commission as-built drawings
showing the location and type of the facilities provided.
Article 39. The Licensee shall, in consultation with the
Texas State B storic Preservation Officer (SRPdi, i:aplement a
cultural resources management plan to avoid any impacts to historic
site 41DNI29 (Site) during construction of the project. If it is
determined that any structures at the Site will be destroyed or
otherwise impacted, the Licensee shall undertake investigations in
consultation with the SHPO to determine the eligibili',y of the
site -for the National Register of Historic Places, and to mitigate
any impacts to significant structures. Any necessary documentation
of structures shall be undertaken in accordance with the standards
of the Historic American Buildings Survey (NABS) of the U.S.
Department o: the Interioep and in a .,anner satisfactory to the
SHPO and HABS. The results of any necessary investigations shall
be M ed with the Commission for review at least 45 days prior to
any disturbance of these structures. The Licensee shall make
available funds in a reasonable amount for any such work as
required. If any previously unrecorded archeological or historical
site3 are discovered luring the course of construction or development
of any project works or other facilities at the project, construction
activity in the vicinity shall be halted, a qualified archeologist
shall be consulted to determine the significance of the sites,
and the Licensee shall consult with the SHPO to develop a mitigation
plan for the protection of significant archeological or historic
resources. If the Licensee and the SHPO cannot agree on the
amount of soney to be expended on archeological of historic work
related to the project, the Commission reserves the right to
require the Licensee to conduct, at its own expense, any such
work found necessary.
7, 7 llk,i W, I, Project No. 3939-001 -11-
Article 40. The Licensee shall continue to consult and
cooperate with appropriate Federal, State and other natural
resource agencies for the protection and development of the
enviroruaental resources and values of the project arose The
Conroisslon reserves the right to require changes in the project
works or operations that may be necessary to protect and enhance
those resources and values.
Article 41s (a) in accordance with the provisions of this
articl a r,he Licensee shall have the authority to grant permission
for certain types of use and occupancy of project lands and waters
and to convey certain interests in project lands and waters for
certain other types of use and occupancy, without prior Commission
approval. The Licensee may exercise the authority only if the
proposed use and occupancy is consistent with the purposes of
protecting and enhancing the scenice recreational, and other
environmental values of the project. For those purposes, the
Licensee shall also have continuing responsibility to supervise
and control the uses and occupancies for which it grants permission,
and to monitor the use ofe and ensure compliance with the covenants
of the instrument of conveyance for, any interests that it has
conveyed, under this article. if a permitted use and occupancy
violates any condition of this article or any other condition
imposed by the Licensee for protection and enhancement of the
project's scenic, recreational, or other environmental values, or
if a covenant of a conveyance made under the authority of this
article is violated, the Licensee shall take any lawful action
necessary to correct the violation. For a permitted use or
occupancy, that action includes, if necessary, cancelling the
permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The types of use and occupancy of project lands and
waters for which the Licensee may grant permission without prior
Commission approval area, (1) landscape plantings; (2) non-commercial
piers, landings, boat docks, or similar structures and facilities
that can accommodate no more than 10 watercra!t at a tics where
said facility is intended to serve single-family type dwellings;
and (3) embankments, bulkheads, retaining walls, or similar
structures for erosion control to protect the existing shoreline.
To the extent feasible and desirable to protect and enhance the
project's scenic, recreationale and other environmental values,
the Licensee shall require multiple use and occupancy of facilities
for access to project lands or waters. The Licensee shall also
ensure, to the satisfaction of tho Commission's authorized
representative, that the uses and occupancies for which it grants
permission are maintained in good repair and comply with applicable
V + e 9 ' r C F t 7 °~i; .r w a N ~T. a Y
p a
Project No. 3939-001 -12-
State and local health and safety requirements. Before granting
permission for construction of bulkheads or retaining walls, the
Licensee shall: (1) inspect the site of the proposed construction,
(2) consider whether the planting of vegetation or the use of
riprap would be adequate to control erosion at the site, and (3)
determine that the proposed construction is needed and would not
change the basic contour of the reservoir shoreline. To implement
this paragraph (b), the Licensee may, among other things, establish
a program for issuing permits for the specified types of use and
occupancy of project lands and waters, which may be subject to
the payment of a reasonable fee to cover the Licensee's costs of
administering the permit program. The Commission reserves the
right to require the Licensee to file a description of its standards,
guidelines, and procedures for implementing this paragraph (b)
and to require modification of those standards, guidelines, or
procedures.
(c) The Licensee may convey easements or rights-or-way
across, or leases of, project lands for: (1) replacement, expins:on,
realignment, or maintenance of bridges and roads for which all
necessary Stag and Federal approvals have been obtained (2) storm
drains and water mains; (3) sewers that do not discharge into
project waters; (4) minor access roadsi (,5) telephone, gas, and
electric utility distribution lineal (6) non-project overhead
electric transmission lines that do not require erection of support
structures within the project boundaryl (7) submarine, overhead,
or underground major telephone distribution cables or major electric
distribution lines (69-kV or less)i and (8) water intake or pumping
facilities that do not extract more than one million gallons per
day from a project reservoir. No later then January 31 of each
year, the Licensee shall file three copies of a report briefly
desvribing for each conveyance made under this paragraph (c) during
the prior calendar year, the type of interest conveyed, the location
of the lands subject to the conveyance, and the nature of the use
for which the interest was conveyed.
(d) The Licensee may convey fee titles to, easements or rights-
of-way across, or leases of project lands fors (1) construction of
new bridges or roads for which all necessary State and Federal
approvals have been obtainedi (2) sewer or effluent lines that
discharge into project waters, for which all necessary Federal and
State water quality certificates or permits have been obtained:
(3) other pipelines that cross project laude or waters but do not
discharge into project waters; (4) ron-project overhead electric
transmission lines that require erection of support structures
within, the project boundary, for which all necessary Federal and
State approvals have been obtained; (5) private or public marinas
that can accommodate no more than 10 watercraft at a time and are
i
a ~ t ~'r fy n Y p> : n' . t, s Y s
Project No. 3434-001 -13-
located at least one-half mile from any other private or public
marinal (6) recreational development consistent with an approved
Exhibit R or approved report on recreational resources of an Exhibit
E1 and (7) other uses, ifs (i) the amount of land conveyed for a
particular use is five acres or less (ii) all of the land conveyed
is located at least 75 feet, measured horizontally, from the edge
of the project reservoir at normal maximum surface elevations and
(iii) no more than 50 total acres of project lands for each project
development are conveyed under this clause (d)(7) in any calendar
year. At least 45 days before conveying any interest in project
lands under this paragraph (d), the Licensee must fife a letter to
the Director, Office of Hydropower Licensing, stating its intent
to convey the interest and briefly describing the type of interest
and location of the lands to be conveyed (a marked exhibit G or K
map may be used), the nature of the proposed use, the identity of
any federal or State agency official consulted, and any F'ede'ral
or Stag approvals required for the proposed use. Unless the
Director, within 45 days from the filing date, requires the Licensee
to file an application for prior approval, the Licensee may convey
the intended interest at the end of that period.
(e) The following additional conditions apply to any intended
conveyance under paragraphs (c) or (d) of this articles
(1) Before conveying the interest, the Licensee shall
consult with Federal and State fish and wildlife or recreation
agencies, as appropriate, and the State Historic Preservation
'Officer.
(2) Before conveying the interest, the Licensee shall
determine that the proposed use of the lands to be conveyed
is not inconsistent with any approved Exhibit R or approved
report on recreational resources of an Exhibit Es or, if the
project does not have an approved Exhibit R or approved report
on recreational resources, that the lands to be conveyed do
not have recreational value.
(3) The instrument of conveyance must include covenants
running with the land adequate to ensure than (i) the usa
of the lands conveyed shall not endanger health, create a
nuisance, or otherwise be incompatible with overall project
recreational uses and (ii) the grantee shall take all reasonable
precautions to ensure that the construction, operation, and
maintenance of structures or facilities on the conveyed lands
will occur in a manner that will protect the scenic, recreational,
and environmental values of the project.
5
Project No. 3939-n01 -14-
(4) The Commission reserves the right to require the
Licensee to take reasonable remedial action to correct any
violation of the terms and conditions of this article, for
the protection and enhancement of the project's scenic,
recreational, and other environmental values.
(f) The conveyance of an interest in project lands under this
article does not in itself change the project boundaries. The
project boundaries may be changed to exclude land conveyed under
this article only upon approval of revised Exhibit G or K drawings
(project boundary maps) reflecting exclusion of that land. Lands
conveyed under this article will be excluded from the project only
upon a determination that the lands are not necessary for project
purposes, such as operation and maintenance, flowage, recreation,
public access, protection of environmental resources, and shoreline
controls including shoreline aesthetic values. Absent extraordinary
circumstances, proposals to exclude lands conveyed under this
article from the project shall be consolidated for consideration
when revised Exhibit G or K drawings would be filed for approval
for other purposes.
(G) The Licensee's failure to file a petition for rehearing
of this order shall constitute acceptance of this license. In
acknowledgment of acceptance of this order and its terms and
conditions, it shall be signed by the Licensee and returned to
the Commission within 60 days from the date this order is issued.
By the Commission.
( S E A L )
~T Aool
Kenneth F. Plumb,
Sr^retary.
bProject No. 3939-001
IN TESTIMONY of its acknowledgment of acceptance of all of the
terms and conditions of this orderer city of Denton, Texas this
day of , 19has caused its
corporate name to be signed hereto ty
its Director of Utilitieb and its seal to
be affixed hereto and attested by Charlotte Alien ,
its'Clerk, pursuant to a resolution of its Board of Dirsictors,
duly adopted on the day of - 0
19 , a certifi*d copy of record of which is attached hereto.
Y
Director aE Utilities
Attestr
Clerk
(Executed in quadruplicate)
Y
s.{di " - ...r .'2~!. a~'+ ~ ~ Eat e ;+nA'^~
Form L-17
(octobste 1475)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED
MINOR PROJECT AFFECTING LANDS
OF THE UNITED STATES
Article 1. The entire project, as described in this
order o the Commission, shall be subject to all of the
provisions, terms, and conditions of the license.
Article 2, No substantial change shall be made in
the maps, p ns, specifications, and statements described
and designated as exhibits and approved by the Commission
in its order as a part of the license until such change
shall have been approved by the Commissions Provided,
howevor, That if the Licensers or the Commiss oi'n diems
ttne-cessary or desirable that said approved exhibits,
or any of them, be changed, there shall be submitted
to the Commission for approval a revised, or additional
exhibit or exhibits covering the proposed changes which,
upon approval by the Commission, shall become a part of
the license and shall supersede, in whole or in part, such
exhibit or exhibits theretofore made a part of the license
as may be specified by the Commission.
Article 3. The project works shall be constructed
in substantial conformity with the approved exhibits
roferred to in Article 2 herein or as changed in accord-
ance with the provisions of said article, Except when
emergency shall require for the protection of navigation,
life, health, or property, there shall not be made without
prior approval of the Commission any substantial alteration
or addition not in conformity with the approved plans to any
dam or other project works under the license or any sub-
stantial use of project lands and waters not authorized
%erein; and any emergency alteration, addition, or use
so made shall therea!ter be subject to such modification
and change as the Co--mission may direct. Minor changes in project
wotks, or in uses of project lands and waters, or divergence
from such approved exhibits may be made if such changes will
not result in & decrease in efficiency, in a material increase in
cost, in an adverse environmental impact, or in impairment of
'43M!C . `"'R4K q~ w ks~ ° r a l v . C6
,4i Y• 1 N,. hF 1. 2
the general scheme of developments but any of such minor changes
made without the prior approval of the Commission, which in its
judgment have produced or will produce any of such results,
shall be subject to such alteration as the Commission ray
direct.
Upon the completion of the project, or at such other
time as the Commission may direct, the Licensee shall submit
to the Commission for approval revised exhibits insofar as
necessary to show any divergence from or variations in the
project area and project boundary as finally located or in
the project works as actually constructed when compared with
the area and boundary shown and the works described in the
license or in the exhibits approved by the Commission, together
with a statement in writing setting forth the reasons which
in the opinion of the Licensee necessitated or justified
variation in or divergence from the approved exhibits. Such
revised exhibits shall, if and when approved by tho Commission,
be made a part of the license under the provisions of Article
2 hereof.
Article 4. The construction, operation, and main-
tenance o t e project and any work incidental to addi-
tions or alterations shall be subject to the. inspection
and supervision of the Regional Engineer, of the
C
or of such ommission, in the region wherein the project is located,
designate, whoeshalliberthor agent as e'authorizedhrepresentative aof the
Commission for such purposes. The Licensee shall cooperate
fully with said representative and shall furnish him a
detailed program of inspection by the Licensee that will
provide for an adequate and qualified inspection force
for construction of the project and for any subsequent
alterations to the project. Construction of the project
works or any feature or alteration thereof shall not be
initiated until the program of inspection for the project
works or any such feature thereof has been approved by
said representative. The Licensee shall also furnish
to said representative such further information as he may
require concerning the construction, operation, and
maintenance of the project, and of any alteration thereof,
and shall notify him of the date upon which work will
begin, as far in advance thereof as said representative
may reasonably specify, and shall notify him promptly
in writing of any suspension of work for a period of
more than one week, and of its resumption and completion.
The Licensee shall allow said representatives snd other,
~i
r`r -'rs
Officers or employees of the United States, showing proper
credentials, free and unrestricted access to, through, and
across the project lands and project works in the performance
of their official duties. The Licensee shall comply with
such rules and regulations of general or special applicability
as the Commission may prescribe from time to time for the
protection of life, health, or property.
Article 5. TM Licensee, within five years from the date
of issuan- ce U the license, shall acquire title in fee or the
right to use in perpetuity all lands, other than lands of the
United States, necessary or appropriate for the construction,
maintenance, and operation of the project. The Licensee or its
successors and assigns shall, during the period of the license,
retain the possession of all project property covered by the
license as issued or as later anended, including the project
area, the project works, and all franchises, easements, water
rights, and rights of occupancy and wet and none of such
properties shall be voluntarily sold, leased, transferred,
abandoned, or otherwise disposed of without the prior written
approval of the Commission, except that the Licensee may lease
or otherwise dispose of interests in project lands or property
without specific written approval of the Commission pursuant
to the then current regulations of the Commission. The
provisions of this article are not intended to prevent t%e
abandonment or the retirement from service of structures,
equipment, or other protect works in connection with replace-
ments thereof when they lscome obsolete, inadequate, or
inefficient'for further service due to wear and tear; and
mortgage or trust deeds or judicial sales made thereunder,
or tax sales, shall not be deemed voluntary transfers within
the meaning of this article.
Article 6. The Licensee shall install and thereafter
mainta n~gag and stream-gaging stations for the purpose
of determining the stage and flow of the stream or streams
on which the project is located, the amount of water held
in and withdrawn from storage, and the effective head on
the turbines; shall provide for the required reading of
such gages and for the adequate rating of such stations;
and shall install and maintain standard meters adequate for
the determination of the amount of electric energy generated
by the project works. The number, character, acrd location
of gages, raters, or other measuring devices, and thot
method of operation thereof, shall at all times be satis-
factory to the Commission or its authorized representative.
/ -
The Commission reserves the right, after notice and oppor=
tunity for hearing, tp require such alterations in the
number, character, and location of gages, meters, or
other measuring devices, and the method of operation thereof,
as are necessary to secure adequate determinations. The
installation of gages, the rating of said stream or streams,
and the determination of the flow thereof, shall be under the
supervision of, or in cooperation with, the District Engineer
of the United States Geological Survey having charge of
stream-gaging operations in the region of the project, and
the Licensee shall advance to the United states Geological
Survey the amount of funds estimated to be necessary for such
supervision, or cooperation for such periods as may be mutually
agreed upon. The Licensee shall ksap accurate and sufficient
records of the foregoing determinations to the satisfaction
of the Commission, and shall make return of such records
annually at such time and in-such form as the Commission
may prescribe.
Article 7. The Li.ansee shall, after notice and
opportunity or hearing, inatail additional capacity or make
other changes in the project as directed by the Commission,
to the extent that it is economically sound and in the
public interest to do so.
Article S. The Licensee shall, after notice and
opportunity or hearing, coordinate the operation of the
project, electrically and hydraulically, with such other
projects or poker systems and in such manner as the
Comai~esion may djrect in the interest of power and other
beneficial public uses of water resources, and on such
o:onditions concerning the equitable sharing of benefits
by the Licensee as the Commission may orde--.
Ai 'le 9. The operations of the Licensee, so far as
o,ey Meet Me use, storage and discharge from storage of
waters affected by the license, shall at all times be
controlled by such reasonable rules and regulations as
the Commission may prescribe for the protpctior of life,
health, and property, and in the interest of the fullest
practicable conservation and utilization of such waters
for power purposes and for other beneficial public uses,
including recreational purporgs, and the Licensee shall
release water from the project reservoir at su,:h rate it
cubic feet per second, or such volume in acre-feet per
specified period of time, as the Commission may prescribs
for the purposes hereinbefore mentioned.
F t tT^."
Article 0. On the application of any person,
associ&t on, orporation, Federal agency, State or
muniepality, the Licensee shall permit such reasonable
use of its reservoir or other project properties, including
works, lands and water rights, or parts thereof, as may
be ordered by the Commission, after notice and opportunity
for hearing, in the interests of comprehensive development
of the waterway or waterways involved and the conservation
and utilization of the water resources of the region for
water supply or for the purposes of steam-electric,
irrigatira, industrial, municipal or similar uses, The
Licensee shall receive reasonable compensation for use
of its reservoir or other project properties or parts
thereof for such purpo es0 to include at least full
reimbursement for any damaged or expenses which the
joint use causes the Licensee to incur. Any such
compensation shall be fixed by tre Commission either
by approval of an agreement betvaen the Licensee and
the party or parties 64neifitin~ or after notice and
opportunity for hearing. Applications shall contain
information in sufficient detail to afford a full
understanding of the proposed use, including satisfactory
evidence that the applicant passesses necessary water
rights pursuant +:o applicable State law, or a showing
of cause why such evidence cannot concurrently be submitted,
and a statement as to the relationship of the proposed
use to any State or municipal plans or orders which may
have been adopted with respect to the use of such waters.
Article 11, The Licensee shall, for the conservation
and development of fish and wildlife resources, construct,
maintain, and operate, or arrange for the construction,
maintenancd, and operation of such reasonable facilities,
and comply with such reasonable modifications of the
project structures and operation, as may be orddred by
the Commission upon its own motion or upon the recom endation
of the Secretary of the Interior or the fish and wildlife
agency or agenciGA of any State in which the project or
a part thereof is located, after notice and opportunity
for hearing.
Article 12, Whenever the United States shall desire,
in connection with the project, to construct fish and
wildlife facilities or to improve the existing fish and
wildlife facilities at its own expense, the Licenses shall
permit the United States or its designated agency to use,
- 6 -
free of cost, such of the Licensee's lands and interests in
lands, reservoirs, waterways and project works as may be
reasonably required to complete such facilities or such
improvements thereof. In addition, after notice and
opportunity for hearing, the Licensee shall codify the
project operation as may be reasonably prescribed by the
commission in order to permit the maintenance and operation
of the fish and wildlife facilities constructed or improved
by the United States under the provisions of this article.
This article shall not be interpreted to place any obligation
on the United States to construct or improve fish and wild-
life facilities or to relieve the Licensee of any obligation
under this license.
Article 13. So far as is consistent with proper
operation ot* project, the Licensee shall allow
the public free access, tQ a reasonable extent, to
project waters and adjacent project lands owned by the
Licensee for the purpose of full public utilization of
such lands and waters for navigation and for outdoor
recreational purposes, including fishing and hunting:
Provided, That the Licensee may reserve from public
access portions of the project waters, adjacent
lands, and project facilities as may be necessary for
the protection of life, health, and property:
Article 14. In the construction, maintenance, or
operat oZ' ate project, the Licensee shall be responsible
for, and shell take reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters,
stream sedimentation, and any form of water or air pollution.
The Commission, upon request or upon its own motion, may
order the Licensee to take such measures as the Commission
finds to be necessary for these purposes, after notice
and opportunity for hearing.
Article 15. The Licensee shall consult with the
appropriate State and Federal agencies and, within one
year of the data of issuance of this license, shall sub-
mit for Commission approval a plan for clearing the reser-
voir area. Further, the Licensee shall clear and keep clear
to an adequate width lands along open conduits and shall
dispose of all temporary structures, unused timber► brush,
refuse, or other material unnecessary for the purposes of the
project which results from the clearing of lands or from the
maintenance or alteration of the project works, in addition,
all trees along the periphery of project reservoirs which may
7-
d:e during operations of the project shall be removed. Upon
approval of the clearing plan all clearing of the lands and
disposal of the unnecessary material shall be done with due
diligence and to ti.e satisfaction of the authorized represen-
tative of the Como-ission and in accordance with appropriate
federal, State, and local statutes and.regulations.
Article 16. Timber on lands of the United States jut,
used, or destroyed in the construction and maintenance of
the project works, or in the clearing of said lands, shall
be paid for, and the resulting slash and debris disposed
of, in accordance with the requirements of the agency of
the United States having jurisdiction over said lands.
Payment for merchantable timber shall be at current stump-
age rates, and payment for young growth timber below
merchantable size shall be at current damage appraisal
values. However, the agency of the united States having
jurisdiction may sell or dispose of the merchantable
timber to others than the Licensee: Provided, That timber
so sold or disposed of shall be cut an'removed from the
area prior to, or without undue interference with, clearing
operations of the Licensee and in coordination with the
Licensee's project construction schedules. Such sale or
disposal to others shall not relieve the Licensee of
responsibility for the clearing and disposal of all
slash and debris from project lands.
Article 17. The Licensee shall do everything rea-
%on,sbTy wTFEIn its power,-and shall require its employees,
contractors, and employees of contractors to do every-
thing reasonably within their power, both independently
and upon the request of officers of the agency concerned,
to prevent, to rake advance preparations fo- suppression of,
and to suppress fires on the lands to be occupied or used
under the license. The Licensee shall be liable for and shall
pay the costs incurred by the-United States in suppressing
fires caused from the construction, operation, or main-
tenance of the project works or of the works 8ppurtenant
or accessory thereto under the license.
Article 18. The Licensee shall interpose no ob-
jection to, an shall in no way prevent, the use by the
agency of the United States having jurisdiction over the
lands of the United States affected, or by persons or
corporations occupying lands of the United States under
permit, of watsr for fire suppression from any stream,
i
I
i 1 3 -T p I S si i P. e.
~ $ r
conduit, or body of water, natural or artificial, used
by the Licensee in the operation of the project works
covered by the license, or the use by said parties of
water for sanitary and domestic purposes from any
stream, conduit, or body of water, natural or artificial,
used by the Licensee in the operation of the project
works covered by the license.
Article 19. The Licensee shall be liable for injury to,
or destruction of, any buildings, bridges, roads, trails,
lands, or other property of the United States; occasioned
by the construction, maintenance, or operation of the
project works or of the works appurtenant or accessory
thereto under the license. Arrangements to meet such
liability, either by compensation for such injury or
destruction, or by reconstruction or repair of damaged
property, or otherwise, shall be made with the appropriate
department or agency of the Unitad States,
Article 20, The Licensee shall allow any agency of
the Un to States, without charge, to construct or permit
to bo constructed on, through, and across those project
lands which are lands of the United States such conduits,
chutes, ditches, railroads, roads, trails, telephone rind
power lines, and other routes or means of transportation
and communication as are not inconsistent with the enjoyment
of said lands by the Licensee for the purposes of the license.
This license shall not be construed as conferring upon
the Licensee any right of use, occupancy, or enjoyment
of the lands of the United States other than for the
construccion, operation, and maintenance of the project
as stated in the license.
Article 21, In the construction and maintenance of
the project, the location and standards of roads and
trails on lands of the United States and other uses
of lands of the United States, including the location
and condition of quarries, borrow pits, and spoil dis-
posal atowas, shall be subject to the approval of the
department or agency of the United States having supervision
over the lands involved.
Article 22, The Licenses shall make provision, or
shall ear the reasonable cost, as determined by the
agency of the United States affected, of making provision
for avoiding inductive interference between any project
i
- 9
transmission line or other project facility construct*d,
oparat*d, or maintained under the license, and any radio
installation, telephone line, or other communication
facility installed or constructed before or after con-
struction of such project transmission line or other
project facility and owned, operated, or used by such
agency of the United States in administering the lands
under its jurisdiction.
Article 23. The Licensee shall make use of the Commission's
guidelines an other recognized guidelines for treatment of
transmission line rights-of-way, and shall clear such portions
of transmission line rights-of-way across lands of the United
States as are designated by the officer of the United States
in charge of the lands; shall keep the areas so designated
clear of new growth, all refuse, and inflammable material
to the satisfaction of such officers shall tries all branches
of trees in contact with 'or liable to oantact the trans-
mission lines; shall cut and remove all dead or leaning
trees which might fall in contact vith the transmission
linesi and shall take such other preoautions against
fire as may be required by such cffic*r. No fires for
the burning of waste material shall be set except with
the prior written consent of the officer of the United
States in charge of the lands as to time and place.
Article 2,4. If the License* shall cause or suffer
essent a pro act property to be removed or destroyed
or to become unfit for use, without adequate replacement,
or shall abandon or discontinue good faith operation of
the project or refuse or neglect to comply with the
terms of the license and the lawful orders of the
Commission mailed to the record address of the Licensee
or its agent, the Commission will deem-it to be the
intent of the Licensee to surrender the license. The
Commission, after notice and opportunity for hearing,
may require the License$ to remove any or all structures,
equipment and power lines within the project boundary
and to take any such other action necessary to restore
thm project waters, lands, and facilities remaining
w1thin the project boundary to a condition satisfactory
to the United States agency having jurisdiction over
its lands or the Commission's authorized representative,
as appropriate, or to provide for the continued operation
and maintenance of nonpower facilities and fulfill such
other obligations under the license as the Commission
* T s. l',= rev 4t v
-lb•
may prescribe. 2n addition, the Commission in i•.o
discretion, after notice and opportunity for hearing,
may also agrea to the surrender of the license when the
Commission, !or the reasons recited hertift, deems it to
be the intent of the Licensee to surrender the license.
Article 25. The right of the Licenses and of its
successors an assigns to use or occupy waters over
which the United States has jurisdiction, or lands of
the United States under the license, for the purpose
of maintaining the project works or otherwise, shall
absolutely cease at the end of the license period,
unless the Licensee has obtained a new license pursuant
to the then existing laws and regulations, or an annual
license under the terms and conditions of this license.
Article 26. The terms and conditions expressly
set for n a license shall not be construed as
impairing any terns and conditions of the Federal Power
Act which are not expressly not forth herein.
t~,r `1:tl 3>t b 't i r.o+"~/v < Ij ',n "64 ~ >ya: g . e1
Public Utilities Board Minutes
April 10, 1985
Page 2
S. CO;dt [DER BID OPENING FOR CAPITAL IMPROVEMENTS PLAN PROJECT
~S- to •o4n
A motion was made by Coomes to accept the bid by Onyx
Construction Co. of $43,170 for the pump installation. The total
roject cost was estimated at $1670000 with bids totaling
129,068. . Again the Board indicated that it was pleased at
savings from projected cost. Coomes moved to approve the bid
for $43,170 to Onyx Construction Company, second by Herring,
four ayes, no nayes, motion carried.
6. ONSIDER PURCHASE OF DENTON COUNTY ELECTRIC COOPERATIVE
The Board asked why this item had come up and whether the cost
was in line with similar transactions. Sti;ff !ndicated that the
Co-op is willing to sell the facilities and it is in the City's
best interest to purchase such facilities in order to avoid
problems serving area residents. Tne price is based on
replacement cost, a generally accepted practice and includes no
payment for lost revenues which is ofton requested.
A motion was made by Thompson toC purchase subject Denton County
Electric Cooperative facilities ..or $17,000. Second by Codes,
After discussion, the motion carried.
7. CO
NSIDER RESOLUTION FOR ORDER ISSUING LICENSE FOR RAY ROBERTS
HYDROELEC
Nelson advisod that the FERC had awarded Denton the construction
license for Ray Roberts Hydroelectric Unit, but had denied
Denton's request for an extension in granting tho license for
the Ray Roberts project. The City will have 2 years to begin
the construction or request an extension at that time. Thompson
made a motion to recommend the Council accept the license.
Second by Herring. Motion carried.
8. UTILITY DIRECTOR'S UPDATE
Nelson reviewed the rinth water sale contract. He advised the
Board
office substantial
attorney's the
fi algqizingiotheirdrebeen viewr of lthe
document.
McGrane updated the Board on the reorganization of Customer
Service which included Ann Bingman as an Interim Customer
Service Manager, Meter Readers will be moved to the Department
of Utilitios under the supervision of Ray Melis. Nelson and
McGrane expressed satisfaction with the changes. Herring
expressed great satisfaction with the addition of the meter
readers to the utilities Department. With the reorganization,
3637U:2