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HomeMy WebLinkAbout04-09-1987 z AGENDA t CITY OF DENTON CITY COUNCIL April 9, 1987 t work session of the City of Denton City Council on Thursday, $a April 9, 19870 it 530 p. Ti. in the Civil Defense Room of the S Municipa'. Building at which the following items will be considered: 5.31 P.M. t 1. Consider a report regarding the upgrading of the radio system. 2. Consider a report regarding the possibility of increasing the property tax exempt status for citizens over 65 -!ears of age. 3, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Receive a report from Dr. Roland Vela and Mr. Dick Stewart and hold a discussion regarding TMPA activities. , A rj l B. Real Esta:e Under Sec. 2(fArt. 6252-17 ~r 1. Consider a formal response to the Flow Regional Medical Center's letter o.' March 6, 1987 regarding the lease of Flow Memorial Hospital. C, Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Coumci.l on Thursday, ,.r, April 9, 1987, at 7:00 p.m, in the Council Chambers of the ` Municipal Ouiiding at which the following items will be considered: s 3r.~` 7:00 p.m. i. Receive an invitation from the Executive Committee of ,roe Y V the Denton Area Come Alive Crusade for public officials to attend Crusade meetings. 1 c°r. 2. Consider approval o° the minutes of the special call ~t meeting of January 27, 19871 the regular sleeting of February 31 19871 and the regular meeting of February r'417, 19870 ~ 3. Present a resolution of appreciation to Hugh Lynch, 4. Receive a request from Kay Lamb, Calhoun Junior High, to clone one block of Congress Street on May 8 for "Cougar Day". i , p S y •~+.r ~i . r, r.. .v .VNeI' ./,..Y r. :,r} .f., i. i b i i _ r. }w4_F ~V,l~ *iu City of Denton City Council Agenda April 9, 1987 { Page 2 5. Receive a request from Zachary Tucker, Activities e Coordinator-Greek Affairs of NTSU to solicit funds for United way from the following City streets April 110 1987; Eagle and Ave, C; Loop 288 and 135; Ave. D and 135; Carroll and University; Bell and McKinney, 6, Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attAched to the f ordinances (Agenda items 7.A, 7.B), This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, '~rrr; A. Bids and Purchase Orders: lp 11 Bid 19715 - Re-Roof Police Station 2, Bid #9716 - Capacitors 3. Bid 19734 - T.V. Sewer Inspection Systen r! 4. Bid 09726 - Repair Cooling Tower 51 Bid 19727 - Disposal of PCB Material 6, Bid 19736 - Truck Cab Chassis 7, Bid #9732 - Auto, Commercial & Industrial ti:r t+i Batteries 8. Bid 1 9734 - Sod for Airport 9. Bid #9702 - Greenfield Woods Paving Participation 10. Bid #9709 - Hickory Creek Rcad School Paving : ` Participation ,t}` 11. Bid 09722 - Phoenix Apartments Rehabilitation 12. Bid # 9728 - Gleenwood Lane Paving & Drainage t. B, Sale of Personal Property 1. Bid #9738 -Sale of Digger Derrick c. 7 j City of Denton City Council Agenda April 9, 1987 Page 3 i ~ C. Tax Refunds ' i 1, Consider approval of a tex refund - Anna G. Tanner - $549,02 2. Conside• approval of a tax refund - Denton Savings and Loan Association - $3,048,35 3. Consider approval of a tax refund - One Oak Place Denton, Limited - $11180.35 D. Plats and Replats 1, Consider approval of preliminary plat of the Beaty Addition, Lot 1, Block 1, (The Planning and Zoning Commission recommends approval,) A, 2. Consider approval of preliminary plat of the Grace Temple Baptist Church Addition, Lot 1, Block 1. (The Planning and Zoning r Commission recommends approval.) 3, Consider approval of preliminary and final ~t replat of part of rots 14 a.nd 15 of the W.J. Wheeler Addition, (The Planning and Zoning Commission recommends approval.) 7, Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvemencs, C. Consider adoption of an ordinance approving a consulting contract to Albert H. Halff and Associates, inc. relative to engineering services. nF D. Consider adoption of an ordinance approving a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues. :A { ` L , IL Y p. I [ 1 City of Denton City Council Agenda April 9, 1987 i Page 4 E. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton Boys Baseball, Inc. for recreational programs sponsored by the Parks and Recreational Department. F. Consider adoption of an ordinance renewing an employment contract between the City of Denton and Dr. Keith Kre,n for professional eervicea relating to the City Emergency McJical Service Program. G. Consider adoption of an ordinance increasing storage and impound fees. H. Consider adoption of an ordinance authorizing a contract between the City of Denton and Denton County for ambulance services. 1. Consider adoption of an ordinance instituting ~a annexation of approximately 80.82 acres being part of the James Coltart Survey, Abstract 288, and located northwest of Loop 288, north of Kings r ` Row, and west of Farris Road. (A-42) (The Planning and zoning Commission recommends approval.) J. Consider adoption of an ordinance providing for temporary no parking on both sides of North Carroll Blvd. from 250 felt north of Fain Street ` to Sherman Drive during the Spring Fling on May 2 and 3, 1987 and authorizing Spring Fling banners + to be hung over various City streets. 8. Consider a recommendation regarding the City Secretary position. 96 Consider a recommendation regarding the appointment of a Deputy City Secretary. 10. Official Action on Executive Session Items: 4 A. Legal Matters B, heal Estate C. Personnel :.i >`.k D. Board Appointments i , City of Denton City Council Agenda April 9, 1987 } Page 5 11. Miscellaneous matters from the City Manager. 12. New Business: This item provides a section for Council Members to suggest items for future agendas. 13. Consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on April 4, 1987, 14. Adjournment yJ r Regular Meeting of the City of Denton City Council on Thursday, April 91 1987, in the Council Chambers of thn Municipal Building at which the following items will be considered: 1. Oath of office administered to newly elected Council hembers. . ~ ;'J 6/ 'tv Y 2. Elect a Mayor Pro Tempore. Present resolutions of appreciation to Joe Alford, Mark Chew and Jim Riddlesperger. 4. Miscellaneous matters from the City Manager, 17 .`y 5, New Business: ' This item provides a section for Council Members to a suggest items for future agendas. 6. Executive Session: A, Legal Matters Under sec. 2(e), Art. 6252-17 V.A.T.S. r B. Real Estate Under sec. 2(fArt. 6252-17 V.A.T.S. f } ~ t r~ C, Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. ~a T C E R T I F I C A T E j I certify that the above notice of meeting was posted on the e; bulletin boar at the Cit Hall of the City of enton, Texas, on the day of , 1987 at o'clock CITY~ECFETARY 2619C S K k I AGENDA CITY OF DENTON CITY COUNCIL April 9, 1987 Work Session of the City O' Denton City Council on Thursday, i April 9, 1987, at 5:30 p.m, in the Civil Defense Room of the t municipal Building at which the following items will be considered: 5:30 p.m. 1. Consider a report regarding the upyc'Aing of the radio system. 2. Consider a report regarding the possibility of increasing the property tax exempt status for citizens over 65 years of age. 3. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Receive a report from Dr. Roland Vela and Mr. Dick Stewart and hole a discussion regarding VPA activitipe. H. "eel Estate Under Sec. 2(f), Art. 6252-17 V.A,T.S. 1. Consider a formal response to the Flow Rtgional Medical Center's letter of Parch 6, 1937 regarding the lease of Flow Memorial Hospital. C. Personnel/Board Appointments Under Sec. 2(g), ? Art 6252-17 V.A.T.S. r Regular Meeting of the City of Denton City Council on Thursda~•, April 9, 1987, at 7:On p.m, in the Council Chambers of t... Municipal Building at which the following items will De considered: 7:00 p.m. Receive an invitation from the Executive Committee of the Denton Area Come Alive Crusade for public officials to attend Crusade meetings. 2. Consider approval of the minutes of the special call meeting of January 27p 1987; the regular meeting of February 3, 1987; and the regular meeting of February 17, 1987. 3, Present a resolution of appreciation to Hugh Lynch, 4. Receive a request from Kay Lamb, Calhoun Junior High, to close one block of Congress Street on May 8 for "Cougar Day". f I I City of Denton City Council Agenda April 9, 1987 Page 2 i s 5. Receive a request from Zachary Tucker, Activities Coordinator-Greek Affairs of NTSU to solicit funds for ? United way from the following City streets April 11, 1987: Eagle and Ave. C1 Loop 288 and 1351 Ave. D and i 135s Carroll and Universityl Bell and McKinney. ~ 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly or, the basis of the Staff recommendations. Approval of the Consent Agenda author12eS the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7,A, 7.8), This listing is provided on the Consent Agenda to allow Council Members to discuss any ' item prior to approval of the ordinance. F , A. Bids and Purchase Orders: 1. Bid #9715 - Re-Roof Police Station 2. ..'Bid 19716 - Capacitors 3. Bid 19724 - T.Y. newer Inspection System 4. Bid 19726 - Repair Cooling Toaer 54 Bid 19727 - Disposal of PCB Material 6. Bid #9736 - Truck Cab Chassis 7. Bid #9732 - Auto, Commercial & Industrial j Batteries ,f 80 Bid # 9734 - Sod for Airport 9. Bid 09702 - Greenfield Woods Paving Participation 10. Bid #9709 - Hickory Creek Road School Paving Participation 11. Bid #9722 - Phoenix Apartments Rehabilitation v ,r? 12. Bid # 9728 - Gleenwood Lane Paving & Drainage • ~lJ 8, Sale of Personal Property 1. Bid #9738 - Sale of Digger Derrick f, City of Denton City Council Agenda April 9, 1987 Page 3 f C. Tax Refunds 1. Consider approval of a tax refund - Anna G. I Tanner - $549.02 2. Consider approval of a tax refund - Denton Savings and Loan Association - $3,048,35 3. Conside! approval of a tax refund - One Oak Place Denton. Limited - $11180,35 D. Plats and Replats 1. Consider approval of preliminary plat of the Beaty Addition, Lot If Block 1. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary plat of the Grace Temple Baptist Church Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) r y 3. Consider approval of preliminary and final replat of part of Lots 14 and 15 of the W.J. Wheeler Addition. (The Planning and Zoning Commission recommends a pproval.) 7. Ordinances 9 ` A, Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. j B. Consider adoption of an ordinance accepting competitive bids and providing for the award of E contracts for public works or improvements. C. Consider adoption of an ordinance approving a w, consulting contract to Albert H. Halff and s, Associates, Inc, relative to engineering services. r D. Consider adoption of an ordinance approving a j r contract between the City of Denton and the North Texas empires Association for officiating softball games for City leagues. !a f p I City of Denton City Co,incil Agenda April 9, 1987 Page 4 j d E. Consider adoption of an ordinance authorizing the ` Mayor to execute an agreement between the City of Denton and Denton Boys Baseball, Inc. for recreational programs sponsored by the Parks and Recreational Department, F. ~.onaider adoption of an ordinance renewing an employment contract between the City of Denton and Dr. Keith Krein for professional services relating to the City Emergency Medical Service Program. G. Consider adoption of an ordinance increasing storage and impound fees. H. Consider adoption of an ordinance authorizing a contract between the City of Denton anL Denton County for ambulance services. I. Consider adoption of an ordinance instituting annexation of approximately 80.82 acres being r s'~ part of the James Coltart Survey$ Abstract 288, and located northwest of Loop 2880 north of Kings °s Row$ and west of Farris Road. (A-42) (The Planning and Zoning Cormission recommends approval.) J. Consider adoption of an ordinance providing for temporary no parking on both sides of North Carroll Blvd, from 250 feet north of Fain street to Sharman Drive during the Spring Fling on May 2 and 3, 1987 and authorizing Spring Fling banners to be hung over various City streets. 8. Consider a recommendation regarding the City secretary ' Y position. 9. Consider a recommendation regarding the appointment of a Deputy City Secretary. 10, Official Action on Executive Session Items; A, Legal Matters B, Real Estate ' C. Personnel 8, Board Appointments r Y . 1, 1 4 City of Denton City Council Agenda April 9, 1987 Page 5 { 11. Miscellaneous matters from the City Manager. i a 12. New 9usiness: j This item provides a section for Council Members to ' suggest items for future agendas. 13. Consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on April 4* 1987. 14. Adjournment s 11 Regular Meeting of the City of Denton City Council on Thursday, 1 April 91 1987, in the Council Chambers of the Municipal Building at which the following items will be considered: i 1. Oath of office administered to a. newly elected Council Members, h 2, Elect a Mayor Pro Tempore. t l`== 3. Present resolutions of appreciation to Joe Alford, Mark Chew and Jim Riddlesherger. 4. Miscellaneous matters from the City Manager. 5, New Business: 1. This item provides a section for Council Members to suggest items for future agendas. 6. Executive Session, A, Legal Matters Under sec. 1(e), Art. 6252.17 V.A.T.S. W B. Real Estate Under Sec. 2(fArt. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. E 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 , 1987 at o'clock. (a.m.) p.m. a 2619C CITY SECKETXRY Sl ~ , y I, r 5.'30 CITY o/DENTON,TE"S MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817)566.8200 M E M O R A N D U M C T0: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Assistant City Manager ` DATE: April 2, 1987 SUBJECT: 800 Trunking Radio System Earlier this year we briefly touched on this system when we a were discussiny the Intergovernmental Relations Goal to the council. We indicated that we felt thie system was very {L important and that we were working very ha•d to bring it to fruition. We currently have three of these 800 frequencies s allocated to the City of Denton and we have another five that we anticipate receiving very shortly. These 800 frequencies would allow the City of Denton and any other governmental entity within the County to be placed on a system that would ?rovide total integrated communications between any of those 3 a y. "'r agencies on a county-wide basis. When we spoke about the 800 system, we also mentioned the 911 system. Between these two systems, we would be able to have a very effective "r communication system throughout the County. However, like all things, the system is expensive and it will cost us some money i` to implement it. The initial start-up cost for the system will be approximately ~i $10000,000. The staff has looked at various funding mechanisms we could use in the implementation of the system. We feel that , the attached information gives us the best scenario to spread the cost out. In this scenario, the City, in particular the General Fund, will experience the least amount of cost. This scenario is based on the assumption that other entities will join and participate in the system. To that effect, we have attached a letter that we propose to be sent to any ;k+ governmental jurisdiction that we can think of to ascertain k'. their interest, This scenario would allow two options for these other jurisdictions - one, a $1,000 per radio to participate if the participation began before the fiscal budget of 1988-89, or the second, allowing jurisdictions to pay a } initial cost of $250 per radio plus $2~, per montin for ten i ,r ~ Y'1 i r.,c•.=.n „i.. e.,>n.,~,, ,urwr. nra..w~rwwwP.w..rMk M.,w~ ,y.~ _6,'itwaww.+~PiJxl[N~{~,1~1P K1~',rai+FFtl ~c.-., a , i r 800 Trunking System April 21 1987 j i Page 2 9 years. Some of our staff peorie have made some preliminary inquiries. 3asod on those inquiries, we have made conservative assumptions on the financial scenario that is also attache' We realize that the cost is high and we have taken a very strong look at the City's radio systems. Currently, there are t at least four systems and several subsystems. One system contains all the communications for the Police. Another contains the communications systems for the Fire Department, The third has the rest of the general government departments and divisions on it. Lastly, electrical utilities has a separate system. Besides these four main systems, we have several subsystems, particularly in Fire, that provide communications for the ambulance and other Emergency type " vehicles. Each of the systems are separate and, in order for the communications to occur between them, the divisions and/or departments must use two or more radios. In some instances, the radios in our vehicles are able to switch frequencies. When this is done, contact is lost with one system or the other. Besides the systems being separate, we also have some problems in the age of some of the systems. This year, we v r budgeted $40,000 for a new console and base station at the Police Department because the system is old. A couple of ;ears ago, we spent upwards of $10,000 to do some replacements in the Fire Department. Since these systems are old, they operate under the old radio technology. Any time anyone is 1.ilking over a particular frequency, no one else on that frequency or ` F~ no other division on that frequency can use the system. Since we have between 50 and 100 radios per frequency, there are times during emergencies when this can be frustrating to say the least. I have attached a number of memos from various departments and usar divisions noting just a very few of the kinds of problems that we experience every day. The new 800 f' system would allow us to have cross-communications between 3 divisions and departments in whatever areas that would be z, needed. The system could be programmed to allow this to be done on a daily basis or in times of emergencies, additional " changes could be made which would allow additional vehicles and personnel to be channeled to various frequencies which will allow cross-communications. Since we are talking about other governmental agencies also being involved, this system would also be able to be used to communicate with any other agency that participated in the v. system. The mutual aid benefits of this kind of communication system would be a tremendous asset. During any emergency, communication possibilities would also be a benefit to an, of ; the other divisions and departments in the City as well as the to County. During periods of bad weather, be it snow or rain, fleets such as the school buses or postal vehicles could report on conditions. Any time we have toxic spills such as we had at I ;zy~ i; C f F j i i b00 Trunking System April 2, 1987 i Page 3 Moores, we could cootdii:ate the efforts of the Police and Fire Department for cloan-up activities. Since the communication possibilities would be county-wide, we could use it in fringe areas establishing jurisdictional rights or boundaries rather i then returning to the (Ity to communicate. As more governmental agencies began to participate, we could respond to emergencies much fasl-er and with more appropriate equipment, The list could go on and on. Besides all these benefits) we also understand that Brazos already has an existing 800 system. Since the 800 systems basically run on the same technology, if the brands are the seme we could communicate with those systems. In this case, if our brand was the same, ' we could communicate with Brazos. This would allow Bob and his electrical people to communicate with them in any type of emergency where the interconnect system between Brazos, us, and the TMPA system was malfunctioning. It would allow u4 to communicate with the systems in Lewisville and Carrollton which ^5. again brings us back to the mutual aid rAspects of police and ,A fire in particular. r a There are many benefits to this systll~m so it is with a great deal of enthusiasm chat we are recommending this syscem, However, at the same time, because of our fiscal constraints, we are very concerned about the amount of money we are talking about. Our plan would be to issue $10000,000 worth of C,O.s. ' The C.O.s would be a ten year issue and the first payments i would be made in fiscal year 1988-89. We are recommending this to you and the Council based on the assumption that we will receive indications that other entities in the County are y willing to participate. To that rnd, we would send the letter that we mentioned above and make pe°sonal visits to those entities to discuss any questions that they mignt have. After . t; we got those indications, we would then be able to give the Council a more indepth picture of whether our financial ' scenarios are correct and whether we still feel comfortable in recommending tha system. } c: If you or the Council have any further questions, we will be happy to try and discuss them with you Thursday night. i Hick Sve a ` Assistant City Manager 3 h 3409M I i RADIO SYSTEM ASSUMPTIONS i ~ Assumption: Initial Cost $950,000 i ~f t Cost of Backbone $532,004 r. 1. Initial Interest - We believe 200 radios will take advantage of the initial buy-in offer. ' 2, City plans to act as if it will bring on all radios initially even though we will phase in, 3 Initial radios share cost of backbone. (Cost will be $1,000/radio, i.e., $532,50D/550 - $1,000.) 4. City mix of radios - Total 350 Utilities 115 Rest 235 (Police and Fire 110 General Government 90 Enterprise 35) Split on payments - Utilities 338 Enterprise 158 General Fund 52% i 5. R11 C.O. cost not covered by revenues will be split on petcentages above from beginning of program. r-, Entities have the option to buy in immediately a: $1,004/radio or pay an initial fee of $250 plus $20/month ,c for ten years. " 7, Initial jurisdictiona can double their radio an f time in the first ten years, population y 8. Maintenance/replacement costs of the backbone svstem wlll be shared by all the radios on system at the time, ~i- 9, This cost scenario will provide for full replacement in the x General Fund plus 338 growth over the first ten years. r~ 10. If we buy into this system, the shortfall splits must be mandated in the budget epch year. i r y i I Radio System Assumptions Page 2 Assumption: C.O. 150,000 General Fund Replacements (12.5 radios/year) 370500 i General Fund Growth 33!/year (3 radios/year) 12,000 TOTAL COST Approximately $200,000/year TEN YEAR SCENARIO Year East/Repayment Radios on System Revenues Shortfall 87-88 200,000 550 200,000 0 88-89 200,000 700 73,500 1261500* r 8.9-90 200,000 850 109,500 90,500 } tL 90-91 200,000 900 960500 103,500 91-92 200,000 950 108,500 911500 y K 1a s 92-93 200,000 975 108,250 91 750 93-94 2000000 1000 1080000 92,000 94-95 200,000 1025 120,250 79,750 95-96 2000000 1050 126,250 73,750 c ; 96-97 200,000 1075 132,250 67,750 97-98 -0_ 1075 90,000. 98-99 -0- 1075 540000 99-00 ,4 42,000 00-01 30,000 k N 01-02 24,000 Sxn i 02-03 18,000 03-04 121000 04-05 ~6,000 *86,-S00 {Use 40,000 in 86/87 Police Budget} i 9 au ~ ~ ~ `III L I p'k ~ rl (1 r~ . V. t!~ Y1 a l .1 Radio System Page 3 SHORT FALL SPLITS Utilities General Fund Enterprise I Cost Year 87-88 -0- } 88-89 86,500 28,545 44,980 12,975 89-90 90,500 29,865 47,060 13,575 53,820 15$25 90-91 103,500 34,155 91-92 91,500 30,195 470580 130725 47,711 13,762 k,t 92-93 91,750 30,277 93-94 92,000 30,360 47,840 13,800 ;j 94-95 77,750 26,318 41,470 110962 t, 95-96 73,750 241338 38,350 11,062 96-97 67,750 22,358 35,230 10,162 r. jf , awl '~y7 i f M1 3410M , R M1 1 ° R ' Ft , M DRAFT Revision 4/2/87 April 2, 1987 Y ~`k Dear The City of Denton is making final plans to purchase an 800 MHz Smartnet Trunking Communications System. The system is expected to be completely operational within the next twelve months. The advantages and varied features are too many to list in this letter. ' Sys The City of Denton desires to make this system available to all State as and Local government agencies in the coverage area. The access and rr utilization of this system will completely revolutionize our abilities to communicate swiftly on an as needed basis between all governmental 5111 5 bodies in the Metroplex/North Texas areas. The City of Denton's projected costs to agencies desiring access to the .1 1 j1 ill{. y system are as followsi ~yF !rt 1} initial cost of $1,000.00 per activated unit, if the requests are made by October 1, 1988. This initial fee entitles the subscriber to double their system loading with no additional monthly charges. Initial' system subscription means no monthly charges for ten years.. .rra /41 ilk: ~ ~ xhr 2) The City of Denton realizru the budgetary constraints the various agencies are sujbected to and desires to make the systems availability as economically feasible as possible. The City of Denton will therefore allow any agency that cannot ' w participate in initial system activation the option to pay $250.00 at time of activation plus a monthly charge of $25.00 fair 5~ per month for 120 months for each radio. The City of Denton realizes not all potential users of the system may be knowledgeable of the projected systems advantages, uses or its ' desirability. we, therefore, ask that all interested agencies reply as quickly as possible so we may schedule a user meeting and demonstrate + the many advantages possible and answer any questions which may be r addressed. I I Il•1 1 i. J { Sby 1 ~~~i t n. i +rl. a. i j i April 2, 1987 Page 2 All replies are to be addressed tot City of Denton Attns Ray Wells 901-A Texas Street Denton, TX 76201 (817) 566-8261 Sincerely, r c ~ r } Ray D. Wells ,r Superintendent metering s Substations t r RDWsbw 1RDWO20987019 4A y Pr I^. +,r h 1 r t t "I P r _J ~ r pa'f P 1': i rl 'Af,r TI ~ f Yr it r p7, ~t~➢ r1~ a~`: <k V a ,4y ~ ~ 1 a 13 try yT~ r/ 1~ r r, JY ry' l tR' ' ti~ r.~9 e . d " ~ t v ^ ~ 4 4 i i J ~ CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM t DATE: February 25, 1987 TO: Rick Svehla, Assistant City Manager FROM: Jerry Clark, City Engineer ~ Ih ` SUBJECT: Problems with current radio system r + , I have enclosed general comments from units within our divisions, We seem to have a lot of service problems with these radios regarding receiving and transmitting. The radios are not easily maintained. Once they are worked on, their 1' ! 4 performance continues to decline. Some days the atmospheric condition causes huge amounts of „ static and the radios are basically unuseable. Many times there have been drift from other areas (states and the metroplex) where they over ride our system. Another consideration that would be alleviated by the new system would be the availability of more channels. We have a lot of problems with other divisions monopulizing our channels using them for personnel conversations. I feel if each division had their own channel the majority of that problem would be alleviated. The most severe problems for our inspectors are the distance " capability and electric power lines. As development continues to expand, our inspectors are going further and further into the County. The radios do not work outside the old City limits, and if an inspector is near an electric power line, the feeders eliminate ill means of transmitting. i Please advise if you need further information on this. " Jerry lark ~...',r City Engineer 4 +0443E n i RADIO PROBLEMS i 7 1 Engineering Division UNIT PROBLEM 1110 Repaired 06-20-8S for weak reception and not transmitting 1120 Cannot reach base unit in some areas 1130 outside ETJ cannot talk to base unit S 1135 The past year this radio has been in the shop at least one time every six weeks. The problems have been numerous. The major ones are not transmitting outside certain areas, static and not working during a' bad weather. 1140 This radio has been in the shop several times for not transmitting. At times it breaks up, even at short distances. It is affected by the weather. i ` 11s0 This radio is 18 months old and functions well at the present. f 1160 No problems exist at present. I165 No problems exist at present. rx~ ; ' c 3100 Problems exist such as transmitting, weak signals, ' interference from other frequencies in the City and r"`Y ,q1~" , ' x County, unable to communicate from unit to unit if far apart, and the speaker and control system are falling apart. a` k to 3110 Experiences interference from other frequencies in the City and County and has problems transmitting from unit to unit if far apart. k ,.r T. kFti~ 5^yqS 3120 Same as 3100 1 ')0 3140 Same as 3100 > 0443E/3-87 t+ .r' I a ~ i Y p. r {a 5 Y i • S FROM: Capt. Jim Dotson t TO: For the Record DATES April 3, 1987 SUBJECTS Radio System 4 Radio problems experienced by officers and the dispatchers are the followings F Consoles Doesn't transmit (when red transmit light is on) when using the large hand pedal. when using the small button it cute out so you don't ' Y get enough of " the transmission to know what was said. The foot pedal does not work regularly and also may show to be {..Y transmitting on the console. ti ar The entire radio systen used at this Department is unsatisfactory in that it is inefficient end more importantly, potentially dangerous. Today, at 0910 hrs., Sgt. Camp checked out on a traffic violator at Bell at k'jFa~' r} Boll P1. Despite two (2) transmissions giving the complete license number, { Dispatcher Leonard could not get the first letter of the plate. Had something happened to Camp, the Department would not have had the suspect vehicles license. This exact same thing happens very frequently and often there is % no time to repeat the transmissions. It seems like the repeaters don't % "kick in" until after the transmission has begun. 8c. ause of the repeater problems, the portable radios do not give clear trans- J, mission. A great part of the time such transmissions are totally garbled. Longer transmissions such as V.I.N. numbers tend to fade in and out forcing unnecesaary repetitions over an already crowded channel. I don't have any specific instances at hand as radio failures are, and have x.n r~fy been, so commonplace but much repetition could be eliminated if the system % just worked properly. j "r y All of us rely heavily on the radio system to do our job properly. However, 4 " with the system as it is, I believe an officer is somewhat foolish to trust 'ha it anymore than he has to. Oftentimes the dispatcher will be trying to trans - mit a call or information to the officers but no broadcast ocurs, yet the base station console appears to be working to her. More and more often this is x~ a happening. Absolutely none of the street officer are satisfied with our radios, particularly the portables. It our belief that sooner or later this system is going to contribute to an officer's injury or worse. This system could be repaired or replaced. Jim Dotson 4 .1 ,,e. y i'' MVA0 t i DATE: April 03, 1987 TO: Rick Svehla, Assistdnt City Manager FROM: Joe Howard, Division Chief /Operations SUBJECT: Flri: Department Radio Discrepancies `Y The Denton Fire Department operates primarily on two radio channels, "46.46 low band for fire operations, and 155.235 high band for EMS operations. Ad- ditionally we have 46.180 low band for county fire communications, and EMS telemetry radios in the 400 megahertz range. { The high band radios function reliably but there are many EMS providers sharing , this frequency in addition to the fact that we ourselves often handle more than one Incident simultaneously, This situation, obviously, causes a great deal of mis-communication and delay due to interference. The same multi-user situation exists on the low band channel but the problera here is compounded by the fact that the equipment is old and unreliabl6,.and' low frequency transmission Is adversly affected by terrain. Another Important problem with our present commAlcatlon system is the fact that our fire units and our EMS units cannot communicate with one another. On scenes f where these units are operating together, le, major fire, motor vehicle accidents, heart attacks, and other ambulance assist calls, this lack of communication adversly affects both service and safety. V { Safety Is an even greater factor when a hazardous materials Incident is involved due to the fact that there are an insufficient number of portable radios and even with more radios, communication with other essentials on the scene, fire, police, utilities, etc., would still net be possible due to Incompatible radio frequencies. The 800 trunking system would eliminate virtually all of these problems and greatly " enhance our service to the community. I , f' a oe ow Division Chief /Operations I .r n a' JH/ec A ti a ~ ;M1 .r i i i I y v oZ y I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE 017) W-8200 >t ,a MEMORANDUM DATE: April 2, 1987 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Director of Finance SUBJECT: PROPERTY TAX EXEMPTIONS FOR PERSONS OVER 65 f f, During last year's budgeting process Council had shown some indication about increasing the elderly property tax exemption. a ' ar r : a They were advised by the City Attorney that action has to be taken by May 1. The following represents the impact of any exemption excrease on property tax collections. 1111 . -Current number of exemptions 20106 a Y' - Increment for proposed exemptions $ 10000 - Decreased in taxable value available for taxation 42,106,000 s, N.: Current 1986 tax rate of .590 per $100 x 0059 vti , TOTAL 17-12.425 As you can see from above, if the number of properties on which the tax exemption is taken stays at 2,106 and the tax rate remains at i •S90 per $100 valuation, each $1,000 increase in exemption would decrease tax collections in the amount $12,425. For additional ' $1,000 increases just multiply the $12942S x the number of -ie incremental increases. For example, an additional $10,000 exemption would be calculated as follows: $121425 x 10 $i 24,250. t r~yhk';;Iwr^;, If you need any additional information, please adivse. }4 G I` n crane # c JFMcG:ef 2369F rS'. ) `~F O ( tl Ltt: } '~YMI tiro , p { CITY Of DENTON Clly COUNCIL MINUTES 4dL January 27, 1987 i E The Council convened into the work sessioh at 5:30 p.m. in the Civil Defense Room. i ~ PRESENT: Mayor Stephens: Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. The Council received an updat on the Council goal of intergovernmental relations. , Lloyd Harrell, City Manager, presented plan regarding inter- governmental relations. He stated tha ; report was divided into two sections. The fl rat section dr with what was currently happening with intergovernmental rel. is. The second part oealt with new items that were going t4 ow incorporated with inter- governmental relations. Harrell highlighted some of the items that were included on the work plan. These items were: a (I) The City Manager would hold regular meetings with Judge Vic Burgess and the County Commissioners; t2l A firearm training range would be considered near the airports (3) A radio trunking system was being investigated. r Rick Svehla, Assistant City Manager, stated that this would be a new " radio system. The current system did not allow different depart- ments to share frequencies. The Fire Department, Public Works, Police Department and the Utility Department all had separate systems. He stated that the current system allowed interference to occur which would limit conversations. It would possibly even Y l disrupt an emergency. Separate departments coula not talk with each other. Svehla stated that trunking allowed a split in different ' areas from the regular system. He stated that the frequencies could s- be switched as, that different groups or departments could talk with each other. The system would allow growtn in the frequencies and would allow for an overload. He also stated that other agencies such as North Texas, otner cities and other law enforcement agencies could be included in this trunking system. He stated that if the City stayed with a conventional system, it would only be able to add more frequencies or would have to split departments, Harrell star ` ed that another goal that was includes in the inter- rt govetnment relations goal was semiannual meetings with the school t? t, board. He also stated that the work plan suggested reactivating the i Denton County Cities Association and staff orientation between i County and City personnel. Harrell stated another goal in this work q plan was to have monthly meetings with representatives from North Texas State University Ana Texme Women's University, Council Member Alexander stated that this was a wry important and impressive list the City Manager had presented. Mayor Stephens commented that the work plan seemed to be on the right track. r Harrell stated that John McOrane, Directed of Finance, would prese'.,t the report on financing capital improvements. McCrane presented the work plan regarding capital improvements and pointed out the major points that were presented in the work plan. 2. The Council held a discussion of various utility customer service policies and propose changes. John McCrane, Director of Finance, stated that a formal ordinance * ? regarding these customer service policies would probably be presented to the Council At the sl:ond meeting in February. He stated that the Customer Service Department was formalising policies that before this had not been met down as a rule. S. y City of Denton City Council Minutes f Meeting of January 27, 1987 Page 2 4 He stated that the collections Currently after service had been used, a bill s wasasent eapnroximatel 30 days later. At the present time i, took 50-6u days Li order to terminate service when payment had not been made. He stated that the new procedures would streamline this and would cut down the time when notices could be sent out. He stated that the PVC regulation was that service could not be cut in leas than 26 days which changed when the notices could be sent out. Council Memoer Chew ask scout hardship cases. McGrane replied that there were several used for hardship cases. Yhese Included asixMonth rrcontract, a prc te Plus-l-Program, and the Utility Account Review aoacd. This board would examine the history of the case, the hardship involved and could extend the amount of time in which to pay out the hill up to a period of 12 months. Council Member Chew asked if these procedures were already in order. r MCGrane replied yes. Council Member Alexander asked about the percent needed tot a deposit. Ann singman, Director of Customer h%~vice, stated few people actually put down a deposit at the curreot time due to the letter of credit which was available to them. She stated that they were enforcing the co-signet to pay for the bill if it was not paid. Council Member McAdams stated that when these changes went into effect, a notice should be sent out with the bill stating the specific changes. 31 The Council held a discussion of ;coposed rate adjustments for various utility services. Bob Nelson, Director of Utilities, stated that there would be y, changes in the electrical charges and the electrical rates charged customers. He presented severa, overheads regarding tho analysis of how the rate change compared with other years. Mayor Stephens asked what the total revenue percentage difference } was between residential customers and industrial customers. Nelson replied 30-37 percent was residential customers, government {,r 3 rate was at ten percent, and commercial industrial use made up for the rest, Council Member Alexander asked if the government rate was the same 1 ■s the industrial rate. + s Nelson replied no, that the government rate was for such entities as local governments, the DISD and the County. He stated that all other government agencies such as the federal Center, the Post ;i Office and the Universities went under the regular industrial rate. 41 The Council received a report regarding co-generation at TWU and N'TSU. Lloyd Harrell, City Manager, stated that Twi ant ATSU were planning to go to a co-generation system in the near future. Bob Nelson, Director of Utilities, explained to the council that co-generation involved using hot water for cooling and heating instead of using electricity. Nelson stated that TwU had completed 4 a study and that it would probably begin using cc-generation later R ;r on this year with two email gas turban units. NTSU was not as for along as TNU. Their system would be harder to Implement because it rw r i I! , a,.w+s!+JsSk F r2~ City of Denton City Council Minutes Meeting of January 27, 1967 Page 3 had no central heating/cooling system which would require them to extend their steam lines. Nelson continued that when NTSU did go to co-generation, they would probably have an outside buyer for their excess electricity and would not need standoy usage. Nelson presented figures to the Council regarding the loss of the universities' current electrical usage to the utility system. He stated that the City and the universities were looking for ways to phsse in the co-generation system instead of total withdrawal frcm t the City's electrical system all at once. Council Member Riddlesperger questioned the economy of the universities borrowing money to install these syete*s. He stated that when the universities did change over, the electrical rates in the City would rise and in effect the universities wovid be saying to the City, "we want you .o help us with our streets, with fire protection, etc. but we don't need your electricity". He went on to say that this co-generation system would not really be benefitting the universities but instead benetitting the state. Council Member Chew stated that the Council had in the past bent )ver backward to help the universities with special concessions. He stated that he felt this would be a direct slap in the face to the K City and that the City of Denton would have to pick up the rest of the load if the universities left .,is system. r „ Council Member Alexander stated that the Council needed to recognize that these ?iscussions were ^riginatinq in Austin. He asked the council not to become divided ano take sides. He stated that the City and the universities needed to continue to Llik and not draw battle lines at this time. He stated that the universities didn't r" have much control over what was being directed to them through r~ Austin. "r Debra Drayovitch, City Attorney, stated that Lloyd Harrell, Bob a'. Nelson and herself were currently studying the legal issues involved in co-generation. ' y ?',,.y I Mayor Stephens asked Council Member Riddlesperger ana Hopkins it P v they would join the staff when meetings wero occurring with the universities and the City regarding co-generation. Due to lack of time, the Council did not convene into the executive session to discuss legal matters, teal estate, personnel and board 1. appointments. r r The Council then convened into the special call meeting at 7s00 p.m. a + in the Council Chan,oers. PPESENTs Mayor Stephens; Mayor Pro Tern Alfordl Council Members ' Alexander, Chew, Hopkins, McAdams and Ridaleeparger ABSENT! None ' ordinances The Council considered approval of an ordinance auenerlaSng the issuance, sale, and delivery of City of Denton utility system revenue refunding bonds, series 1987. The following ordinance was presented! „ No. 87-017 OR7INANCE AUtHORI1IN6 THE ISSUANCE, SALE, AND DELIVERY Of 3 y,;''! Ct'i'Y Ot DENTON UTILItY SYSTEM REVENUE BONDS, SERIES 1987, AND APPROVING AND AUTHORISING INSTRUMENTS AND PROCEDURES RELATING THERETO. t~. r i i City of Denton City Council Minutes 1 Meeting of January 27, 1987 Page 1 Lloyd Harrellr City Manager, stand that this was a job well done by 3 many people including John McGrane, Director of Finance and Bob 1 Nelson, Director of Utilities. He introduced Frank Medanich, one of the City's financial advisers. 3 i i Medanich gave an upcate on the requite of iris retunding issue and s the procedures that would be followed in aoopting the refunding bonds. He seated that the deal had been Linalized I+ivh , Smith-Barney. The ocnds would be marketed at a price, interest rate 6 and maturity pattern which. would result in a gross dollar savings to the City of Denton of $1,1560117.81. That savings had a present value of $1,082,83d.23. The savrn~s woula be realized over the next four year period. Jim Williams, Smith-Barney, lntormed the Coun~.tl that he was in possession of a good faith check for the Council. He thanked the Council for the opportunity to work with them aria hoped to ou so } again in the future. McAdams motion, Hopkins second to aoopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddleeperger "aye," Chew "aye," and Mayor Stephens "eye." Motion carried unanimously. i 2. Resolutions Iri~ipl.-ytlJ l~ A. The Council considered afFesolution exercising option to redeem certain utility system revenue bonds of the City of Denton, Texas. The following resolution was presented: r r NO. d7-009 RESOLUTION L9ERCISING OPCION 10 RLDELh CERTAIN UrIL1TY SYSTEM REVENUE BONDS OF THE CITY OF DEN'TUN, TEXAS. McAdams motion, Alford second to approve the resolution. On roll cell vote, McAdams 'Ayer" Alexander "aye," Hopkins "aye," Altora "aye," Riddlesperger "aye.', cnew "aye," and Mayor Stephens "aye." r Motion carried unanimously. a ; B. The Council considered approval of a resolution autnon z'ng the execution of an escrow agreement relating to the rcEunaing of ?'1.~t. f,'•' City of Denton Utility Systq..a Revenue bona. 'The following resolution was presented: NO. 81-010 ~ RESOLUTION AUTHC%,f3ING THE EXECUTION OF AN ESCROW AGRELMENT RELATING TO THE REFUNDING OF CITY Of DLNTON UTILITY SYSTEM f`I REVENUE BONDS. a McAdams motion, Hopkins second to Xdopt the resolution. On roll = call vote, McAdams "aye," Alexander "aye," Hopkins "ayer" Alford i "aye," Riddlespexger "aye," Chew "aye," and Mayor Stephens "eye." MOtLon carried unanimously. ! 3. The coup:il considered authorizing tt+ Mayor to establish a task force on the literacy needs in the City of Denton, Texas in a t cooperation with the National League of Cit',es. Mayor Stephens stated that he had asked the item to be placed on the agenda. Stephens statea that he woula like to have Joalla Orr, Library Director and Frank fuller, DISD, to serve as coordinators of the task force. Chew motion, McAdams second to authorize the Maydf to establish the task force eith the names as stated. Motion Carrie: unanimously. ` City of Denton city council minutes 3 Meeting of January 17, 1997 Page 5 i d. The council considered authorizing the Mayor to establish a i a task force on observing Days of Remembrance of the victims of the Holocaust in cooperation with the United States Holocaust Memorial Council. Mayor Stephens reported that pending approval of this item, Dr. Ed Johnson, Librarian, North Texas State University, would 1 coordinate the taea: force. McAdams motion, Chew second to autrorize the Mayor to establish the task force. Motion tattled unanimously. 5. The Council held a discussion to consider the appointment of members to the Beautification Task Force. This item was discussed in Executive Session. 6. there was no official action taken on Executive Session items of legal matters, real estate, personnel and ocard appoint- ments. 7. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appoint- ments. No official action was taken. c, with no further business, the meeting was adjourned. • y , h r p pay Stephens, Mayor r,t City of Denton, Texas d i 4. Jennifer wafters, R r Acting City Secretary< City of Denton, Texas > awG , ~ y''rJ 1 ,42. j. j ;e ty r t, i x 2111g a ~r r ~ 1 a > n gir 7 t' 9 t i i 1 City of Denton City Council Minutes meeting of January 27, 1987 Page 5 1 The Council considered authorizing the Mayor to establish a i task force on observing Days of Remembrance of the Victims of the Holocaust in cooperation with the United States Holocaust memorial council. mayor Stephens reported that pending approval of this item, Dr. Ed Johnson, Librarian, North Texas State University, would coordinate the task force. McAdams motion, Chew second to authorize the mayor to establish the task force. Motion carried unanimously. 5. The Council hei5 a discussion to consider the appointment of members to the Beautification Task Force. This item was discussed in executive Session. 6. There was no official action taken on Executive Session items of legal matters, real estate, personnel and ooard appoint- ments. 7 The Council reconvened Into the Executive Session to discuss legal matters, teal estate, personnel and ooard appoint- ments. No official action was taken. With no further business, the meeting was adjourned. Ray Stephens, mayor City of Denton, Texas i AS .^M1, ~9.u iA a'' v Jennifer Walters, Acting City Secretary p City of Denton, Texas ~ !r 4r r~ Ci ,C \ it, i . e % ~ cIs 'I a illiq , k.~ l , a. , F 336"! CITY COUNCIL MINUTES 1 February 3, 1987 The Council convened into the work Session at 5:10 p.m. in the Civil Defense Room. PRESENT: Mayor Stephenst Mayor Pro Tem Alford[ Council Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None 1. The Council received a report on the City's proposed investment policy, John McCrane, Director of Finance, state that this item had been one ' on the auditor's report. He stated that the policy had four main thrusts. In the past, the City had used a depository agreement with the bank. The Finance Department was proposing some different strategies as proposed by the auditors. The policy addressed the questions of who to deal with, a Dank or a dealers what the activi- ties would Del how to back the securities[ and the establishment of ( an investment committee to meet on a regular oasis and report to Council on financial activities. 2. The Council received a recommendation regarding the City's 'r position on a State Implementation Plan to control ozone in Denton County. Lloyd Harrell, City Manager, stated that there would be a meeting February 11 of the Texas Air Control Board. The City Lad been asked to testify on regulations for air quality. In order to properly represent the City, a recommendation was needed from the Council. Jeff Meyer, Director of Planning, stated that he wanted to make clear to the Texas Air Control Board and to the citizens, that the 7 City was in favor of clean air. Dorton was a victim of air blown from Dallas. Denton was not the generator of the ozone and the City should be allowed to use minimum standards of air quality. It would s " be hard to attract industry to Denton because of the different standatds from. Dallas and Tarrant County. He stated that the main . thrust of the'Clty's stand should be that (1) the City was in [suet of clean air, 12) Denton was not the source of the ozone, (3) Denton ' was willing to work with the Board and (s) the proposed standards were not practical. Meyer also presented game utility issues that the Council needed to address dealing with inductrial development and internal uses such as the power plant and solid waste recovery. Meyer stated that it was unlikely that the City would ever reach attainment as the standards were too unreasonable and suggested that ' the City suggest something feasible to the Alt quality Board, f Council Member Alexander asked now much contact staff had Dad with I' other cities and counties. f i Meyer replied that up until six (6) months ago, the City was pretty i much alone on its stand. Now the County Commissioners were oecoming involved as were other cities. Meyer asked the Council fat soma direction as how to proceed with this matter. t The consensus of the council was to continue as presented. 1. The Council received an emergency report from Mayor Stephens regarding an endorsement of the Mayor's Criminal Justice Task Force for the Texas war on Crime. i Lloyd Harrell, City Manager, stated that the emergency of the item tosbe reprasented1.aeMayorgStephen@ had hagreed week to and attend the City It neeed a ion in Austin for the Council. Rick Svehla, Assistant City Manager, stated that the task force was looking at different ways to deal with crime. Areas that the task force would look into were the Apprehension area, Duilding more prisons, accountability to the public, Crime Stoppers, jury trial i J i City Council Minutes February 1987 Page 2 i y combinations, alternatives for habitual criminals and the use of verbal confessions. He stated that the task force was conservative in nature but would be helpful. Council Member McAdams stated that a general statement would be fine as an endorsement from the Council but that the resolution presented was not what she would endorse. Council Member Riddlesperger had an oojectlon to the resolution as presented in that it did not address some areas that he was concerned with such as the limited sale of firearms. Mayor Stephens stated that these were just basic suggestions from the Criminal Justice Department, Council Member ALexander stated that some of the specifics in the task force's proposal were backward steps. He did not like the philosophy of the prison system. He felt that a change was neeaeo in the system, not to build more prisons. He stated that he would not vote on the standards as presented. Mayor Stephens stated that by passing the resolution, the City would be on record in support of reducing crime. Council Member Riddlesperger stated that he would endorse the principals but not the specific items of the resolution. dr Consensus of opinion was that the City Attorney would draw up a r document that the Council would be in favor of, namely to eliminate the specifics of the proposed resolution and have a general endorsement of the policy, The Council held a discussion to consider the appointment of members to the Beautification Task Force. ' This item was liscussed in Executive Session. `i 5. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointment. No official action was taken. The Council then convened into the regular meeting et 700 P.M. in i .c the Council Chambers. -M PRESENT[ Mayor Step,rensl Mayor Pro Tem Altordr Council Members Alexander, Cher, Hopkins, McAdams, and Riddlesperger. ABSENT[ None 7,00 p.m. ; Mayor Stephens presented a proclamation for Energy Awareness Day to Michel Watkins, representing the Denton High School Student Countll, Ms, Watkins thanked the Mayor end the Council for its recognition. T`,s Student Council was completing a state project with the tner9 s, Awareness Day, Various projects were being held at the high school in conjunction with Energy week. 1. The Council considered approval of the minutes of thi regular meeting of September 16, 19860 and the special call meeting of September 270 1966. Riddlesperger motion, Hopkins second to approve the ,inutes as presented. Motion carried unanimously. 2. The Council hold a public . hearing On the Petition of the Nelson Corporation, representing Mayers Dovelopment Corporation, requuting an amendment to a planned development and approval of e ~s 1 r City council minutes February 3, 1987 Page 3 1 concept plan. The property was located south of I-35E and southeast of State School Road and was approximately 13.1 a:res in the G. W. Walker Survey, Abstract 1330. If approved, the amendment would permit the maximum height of the structures to increase from 2 1/2 s to 8 stories and provide for a one parking space to 300 square feet of floor space ratio rather that a one space to 200 square feet ratio. t The Mayor opened the public hearing. i Cecile Carson, Urban Planners stated that the petitioner in the case r i asked staff to provide the Council with a brief overview of the t reason why the petition was before Council. She stated that this was an issue of a Cumulative planned development versus a non- 1 cumulative planned development. Craig Curry, Nelson Corporation, spoke in favor of the petition. He stated that this item was before Council several months ago requesting a clarification of what had been approved in the original ordinance. The develope:a had assumed that larger heights had been approved in the original request. The request asked for an amendment to the height requirement and the parking spaces. Raising the height would help clarity some of the setback requirements. Gene Wilburn spoke in favor of the petition. We stated that the issue had been very confusing. He stated that it was felt that this issue hed been settled earlier. when the issue had gone before Planning and toning several weeks earlier, there was only one objection to the petition and that was in the item of the height of the building. He felt that height of a building was a matter of opinion. He felt this petition would help achieve the goal of the 1 Oakmont life style and was good for the surrounding area. Mitchell 'turner spoke in opposition to the petition. He had several reasons for his opposition. He felt that it was easier to buffer with 2 112 story building than an 8 story building. People in =i Wimbleton Vilfage did not want to have to look at an 8 story building, and there was not enough adequate parking spaces for the development. Craig Curry presented his rebuttal. He stated that proposed parxing was a compromise between the office space requirement and the retail d space requirement. In respond to the height opposition, Curry retorted to other buildings In the area which were closer to r' neighborhoods, The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that a I blic hearing had been held on this property in January, 1985 and the ordinance was adopted in June of 1986, The confusion centered .)n the exact wording and , determination of the standards presented to *he Council. Staff had reviewed the proposal of toe height change and felt that it would not be incompatible with existing toning along 1-35 and the proposed a land uses, Planning and toning had a problem with the parking, The original request included two different parking situations, Staff determined that this would present a significant problem in determining which parking space would be used for retail and which parking space would be used for office. Staff suggested that the parking ratio be l/300 which was closely related to the office use and that trends indicated that this was the usage most likely to occur. No decision was reached by the Planning and toning L Commission with a 3 to 3 tie vote. Carson poirt •d out that tradi- tionally with Oakmont presentations, a traffic Iodation was rained. Between the Planning and toning meeting and the Council meeting, a traffic study was completed that was tequired by the planned devel- opment ordinance. Planning staff assumed that the study had been submitted by the developer and therefore the developer agreed with all the information that was in it. Based on that assumptions two i 1 c , City Council Minutes February 3, 1961 Page 4 conditions were included for consideration if the case were recommended, including funding of signalization and another traffic study to be provided in 1991. After discussions with the develop- ers, it was discovered that they were not aware of those conditions. Council Member McAdams asked that if it appeared that the project were going to be more commercial than otfice, if there was a provision to insure adequate parking. ! Carson replied that if it appeared that the parking was not going to k be adequate, during the building inspections division, staff would present a request to Council on behalf of the City to amend the planned development. council member Alexander stated that Carson had presented two conditions and indicated that the developer was not aware of those conditions prior to this meeting. He asked if it was proper to ask Curry or Wilburn to comment on the impact of those conditions on their plans at this point before Council took any action. Mayor Stephens stated that he thought the order of recommendation was staff to the Planning and Zoning Commission and then the Planning and Zoning commission to the Council. He wonted to know why the conditions staff had included had not gone past Planning and Zoning. Carson replied that Planning and Zoning was presented a traffic study with the understanding that it continue to be updated from the time of the Planning and Zoning public hearing and the Council public hearing. Staff had consulted with the Legal Department and as Planning and Zoning had not made a recommendation concerning the petition, staff felt there was no problem including the two { conditions as stated. s' Craig Curry responded to the two conditions staff was recommending. N He stated that there was no problem with the conditions and that the developers had already talked to start scout condition 2, the traf- fic study. He stated that the final traffic study was submitted on wanuary 130 1967. there was a reference cased on some projections that were made, that traffic projected by Oakmont would be approximately 131. The cost of the signal would be approximately $30,000 and the developers share of 131 of that I10,000 would Ds approximately $4,000. if the commitment were to $4,000 for the signal, they would be willing to accept such a condition. Council Members McAdams asked !f the company doing the traffic study f was preparing the report for the developers or for the city. E Curry replied that they were working for Meyers development. McAdams asked if the developers were in agreement with the acceptability of the study. Curry replied yes. McAdams asked if some type of verbiage could be incorporated to state "not to exceed $4,OOV." Curry replied that they probably would agree to such verbiage. He stated that he understood that when a project was part of a highway such as this one was, the Highway Department made the installation rl of the signal and associated improvements with that intersection. He would be hesitant at this time as a condition of Zoning, to make in open-ended statement that they would participate in the signalization when it may not be necessary. McAdams as5eu if Mr. Svehla could give some peooability as to whether the City or State would be paying for the signal. 4, City council Minutes February 3, 19a7 Page 5 t1 Rick Svehla, Assistant City Manager, Stated much of this situation I would depend on the funding levels of the State, The Highway Department probably would Oo it but it could go either way, Dotfa Drayovitch, City Attorney, stated that the City was already participating with the Highway Department on other eignalizations. McAdams asked if there were language that suggested that in the event it was determined that signalization was necessary, and that the cost would be the City's, the Oakmont Development would be I required to pay its proportional share based on the traffic study or an amount not to exceed $50200. That would mean that if the State paid for the signal, Oakmont would not have to pay anything, would such language be acceptable to the developers. Curry replied that if the amount stated $5,200, the language would ne acceptable. Mayor Stephens stated that the Council would not want any surprises and he would not want to rush into anything, he asked if it woutd not be better to refer it back to staff so that could all the c ld b and be discussed and an unde[ata,..i,ug would :je made. itfona Council Member Hopkins stated that she felt that this situation had not been rushed and if the developers were in agreement with the conditions, then the council should go ahead with a vote. Council Member Aiddlesperger stated that the 7 ' e very "iffy" traffic situation that might or mrig oblm ht notadevelop.~g He 4 felt that it was a small petition. Point relative to the oche[ aspects of the McAdams asked for the particular legal la,iguage. Drayovltch stated that if it was determined that the signal was c A..,f necessary and.if the City had to provide funding, that no petmits would be issued on or after the date unless 13.31 or a cap of 35,200 was provided by the developer. Lloyd Harrell, City Manager, requested from Council that as the legal staff prepared this petition In ordinance form, they be permitted to cneck with the Engineering staff to be protected as uo how the language was being written. Council Member Alford agreed with Hopkins that the developers had met all conditions put to them and that a vote was in order. I ILA'' Council Member Alexander agreed with Alford. „ Hopkins motion, Alford second to proceed with the ordinance. Motion carried unanimously. Consent Agenda a, L P Motion ca~rtionunanimously second to approve the Consent Agenda, :r 1 Consent Agenda A. Bide and Purchase Ord4tat t 1. Bid 19692 - Rental Street Construction Equipment and Operators Bid #9699 - Truck Bodies a Crane 3. Bid #9701 - Piberglase Brackets 4. Bid #9701 - 3 Phu* Distribution Transformers 9 r City Council Minutes 4 Yebruary 3, 1947 j { Page 6 ' S. Bid 19706 - Padmount Switchgear 6. P.O. 177099 - General Electric Co. - X17,767.00 S. Tax refunds 1 1. Tax refund to Robert W. Owen - $10111.61 2. Tax refund to Lawyers Title - $513.11 C. Plats and Replats 1. Consider approval of preliminary plat of the Northridge subdivision, Lots 4-9 and 11-13, Block r 1. Ordinances A. The Council -^nsidefed adoption of an ordinance acceptin, competitive bide and providing for the award of contracts for public works or improvemenur providing for the expenditure of finds. 4• The following ordinance was presented: a h0. 87-018 : AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOA THE AdARD Of CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: ` PROVIDING FOR THE EXPENDITURE OF FUNDS T'HEREFORr AND PROVIDING FOR AN EFFECTIVE DACE. t ;t McAdams motion, Alexander second to adopt th6 otainance. On toll it ,,y' .a call vote, McAdams 'aye,' Alexander "aye," Hopkins 'aye," Alford # "aye," Riddlesperger "aye," cnew "aye," &I d Mayor Stephens "aye." .otion carried unanimously. ; r 8. The Council considered adoption of in ordinance " M accepting competitive bide and awarding a contract for the purchase of materials, equipment, supplies or servieesr providing for the expenditute of funds. f ~ The following ordinance was ptesented: "Tt~ N0. 87-019 ; +1 ;'r s63 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A 1 CONTRACT FOR THE PURCHASE Of MATERIALS, EQUIPMENT, SUPPLIES OR SERVICESI PROVIDING FOR THE EXPENDITURE Of FUNDS r THEAEFOACI AND PROVID.NG fOA AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On toll call vote, McAdams "aye," Alexanaer "aye," Hopkins 'aye,' Alford "aye," ,k '1 1 Middle aperget "aye," Chew "aye," and mayor Stephens "Aye." Motion carried unanimously. C. The Council considered adoption of an ordinance + r~ providing for the expenditure of funds for emergency purchases of materials, equipment, supplies of setvlcos in accordance with the °P provisionleive old se Law exempting such purchases from requirements of compot, 4 The following ordinance was presented: " IYY 'u4 NO. 67-070 4y a " i AN PROVIDING FOR THE Of MATCAIALSO EQUI1 PMCT, 0 SUPPLIES FOR SERVICES IN ACCORDANCE WITH THE PROVISIONS Of STATE LAW N EAEMPTING SUCH PURCHASES FROM REQUIREMENTS Of COMPETITIVE y ` r BIDS! AND PROVIDING FOR AN EFFECTIVE DATE Pyj{f rr .r Fr , x, 4 " to i City council minutes February 3, 1987 Page 7 f McAdams motion, Alexander second to adopt the orainance. On roll call vote, McAdams "eye," Alexander "aye," Hopkins "Aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption Of an ordinance setting a date, time and place for public hearings concerning the J requost of Teasley Road Associates for annexation of approximately 1 80.82 acres being part of the James Coltart survey, Abstract 288, and northwest of new Loop 288, north of Kings Row, and west of Parris Road. iA-42) The following ordinance was presented: NO. 87-021 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. David Ellison, Senior Planner, Stated that this wag a Volento r annexation petition. Due to the Council delaying its regular meeting on March 30 the public hearing dates would be March 10 and A Match 17 with A special call meeting required on March 24 for formal p annexation proceedings. McAdams motion, Alford second to adopt the ordinance. On roll call ! vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "eye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance Ease amending section 4-32, Article 1 of Chapter 4, "Animals" of the Code r of Ordinances of the City of Denton, Texas relating to the return of adopted dogs sad cats. The following ordinance was presentedi 87-022 41 n ! AN ORDINANCE AMENDING SECTION 4-32, ARTICLE I Of CHAPTER 4, 1 j€ ANIMALS OP THE CODE Of ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE RETURN Of ADOPTED DOGS AND CATS) 4r 1` °V % PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE OATS. wi Lloyd Harrell, City Manager, stated that this wag simply a wording ? y.` clarification. The ordinance called for the animal shelter to make :~rtx k diagnostic work on an animal that might have died after being in the t VVV City's pound. kr Alddlesperger motion, Alexander second to adopt the ordinance. On + roll tali vote, McAdams "aye," Alexander "aye," Hopkins "aye," ol~ ,y* - a Alford "aye," AiddIesparger "Aye," Chew "Lye," and Mayor Stephens y " "eye." Motion carried unanimously. ~k S' 4t,° rtis " F. The Council considered adoption of an ordinance repealing Ordinance No. 83-04 which established a school zone on ' U.B. 380 at the Bethel Christian Academy. 1 Y~` The following ordinance was presented= ,~,.'1 r N0. 87-023 s ORDINANCE H ORDINANCENO. 83-04JANDCPROVIDING DFDA AN EFFECTIVE REPEALING fw' f M t+y , , s~ city council minutes February 3, 1987 Page S Lloyd Harrell, City Manager, reported that this was an ordinance repealing a school zone where a school no longer existed. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "ayi," Alford } "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephe;a "aye." { Motion carried unanimously. G. The Council considered adoption of an ordinance y prohibiting parking on both sides of Avenue D from Eagle Drive to 3 I35. C} The following ordinance was presented) NO. 87-021 AN ORDINANCE PROHIBITING THE PARXING OF VEHICLES ON BOTH SIDES OF AVENUE D FROM ITS INTERSECTION WITH EAGLE DRIVE 'CO tTS INTERSECTION WITH INTERSTATE HIGHWAY 3SE1 PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT 10 EXCEED IWO HUNDRED DOLLARS) ALD DECLARING AN EFFECTIVE DATE. Rick Svehla, Assistant City Manager, stated that this ordinance would remove parking from both sides of Avenue D from Eagle Drive to I-3S. Thu Highway Department had done a traffic count and felt that there was congestion at the intersection. Removing the parking would allow for the building of two lanes in both directions and would help facilitate the flow of traffic. Mayor Stephens asked where the cars were coming from that were l e .4 parking in that area. Svehla replied that employees of the local stores were parking on the street in that area. Alexander motion, Chew second to adopt the ordinance. On roll call t ? vote, McAdams "Dyer" Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion ca:tied unanimously. r.e 9 H. The Council considered adoption of in ordinance approving a contract with the Texas Water Development Board for funding assistance got a water/wastewater study of Denton County. rsi°,} P The following ordinance was presented, ~ a r l NO. 87-025 a` AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF t z ± DENTON, ET AL AND THE TEXAS WATER DEVELOPMENT dOAPD) g° APPROVING THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. tya , Bob Nelson, Director of Utilities, stated that this was a a a ly. a county-wide water study. The City of Denton had received a grant 4> Af from the Texas water Development Board for this study. Fy,Yi. McAdams motion, Alexandet second to adopt the ordinance. On toll a"f call vote, Mchdama "aye," Alexander "ayes" Hopkins "aye," Alford r ^Aya," Riddlesperger "aye," Chew "eye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance i approving a contract with Denton County for a water/wastewater study of Denton County. p The following ordinance was presented[ { f 1 , r F 4 City council minutes February 31 1987 page 9 N0. 87-026 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR A WATER AND WASTEWATER STUDY: 1 AND PROVIDING FOR AN EFFECTIVE DATE, i 1 i thcouncil MemberuMcAdamsthsked if <te City was adequately protected in 3 a so beet a oittco,uldi peAttGe gedy meet ngs that the City was the Protected Commissioners and their attorneys, and she felt that the Contract was fine. " Riddleaper9er motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "a e," Alexander "aye," Hopkins aye," Alford "aye," Riddlesperger aye," Chew "aye," and Mayor Steephens "aye." Motion carried unanimously. t 3, Tne Council considered adoption of an ordinance establishing rates for providing electrical services by the City to its customers. The following ordinance was presented: N). 67-027 + AN ORDINANCE ADOPTING NEW RATE SCHEDULES FOR ELECTRICAL 1r, t SERVICESI PROVIDING FOR A SEVERABILLTY CLAUSE; AND 1 PROVIDING FOR AN EFFECTIVE DATE. k ;1 Bob Nelson, Director of Utll_tiea, stated that to ordinance xould i [educe electric [aces. Part of the reduction was a result off tef r_ t i reduced naturalogas Costs, Cst ndo The Cutting about 4.9%1 2.9% or of the utility, o " that was from 'the refunding and the reductions taken internally and 24 was from a reduction in fuel. Residential [ate: had no o essential change in the facility charge or the energy charge but the energy 't% cost hadjustment was reduced 2.150/ kv tionrofowtheodemano ;t { charge on the first Skw. The fIt 3CSS0/kwkhouruto 7X50/kwavhou[~ rate from increase in the energy Anything over 700 kw hours/month would be reduced from 3.550/kw hour to 3.50/kw hour and the energy cost adjustment would be reduced from i 1.250/kw hour to 2$/kw hour aid the demand charge would be [educed from $6.40 down to ;5.75 /kw htur. Mayor Stephens asked if an apartment complex Was on small commercial ,.y [ate and if the new rates would get rid of the demand charge. Ip 5~ Nelson replied that most apartment complexes would have more than the 5 kw. For change was being reduced from i$5.00 industrial rtwo $S.SD % [kwi the energy l ` charge down from 3.050/ kw hour cc 2,950/kw hour and the energy coat + adjustment from 2.150 to 2.00/kw hour. McAdams motion, Hopkins second to adopt the ordinance, On toll call vote, McAdams "aye," Alexander "ayeHopkins Alford "al's," +a~..,• Ridd Usye[yer "aye," Chew "aye," and Mayor Stephens "sye." Motion carried unanimously. X. The Council considered the adoption of an ordinance establishing rates for providing water services by the City to its customers. J v. The following ordinance was Pfesenteo, is i +e F°[ I City Council Minutes February I, 1987 Page 10 NO. 87-028 AN ORDINANCE ADOPTING NEW RATE SCHEDULES FOR WATER AND t SEWER SERVICE) PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Director of Utilities, stated that this was a 9.51 lncreaae in water rates. 51 of that was required to meet the 1947 ? budget, 4.51 was to aid in the debt service payment on Lake Ray Roberts which was due in March of 1988. Nelson presented various overheads for Council consideration ihich showed the effects of the rate increase on various categories of customers. { Council Member Riddlesperger stated that the electrical rates were approaching the commercial rates of the larger companies and wondered about the water rates. Nelson replied tnat Denton was above Dallas and Fort Worth out visa competitive with such cities as Carrollton and Plano. Council Member Alexander asked for an approximate rate reduction percentage of all the recent electric rate reductions. Nelson replied that it was approximately A 101 reduction or a little more. Council Member McAdams stated that the City did not buy the surface water facility back when Dallas/Fort worth bought theirs and now the City had to purchase something that was higter. However, it was good to have aomething that the City could ha'pe some control over in Lhe yrars to come. M-.Adams motion, Alexander second to adopt the ordinance. On roll tail vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried•unanimously. M. The Council considered adoption of in ordinance approving an a9ree;,9nt between the City of Denton and the North Texas Repeater Association for emergency communications assistance. rj The following ordinance was presentedi flfl N0. 81-079 ,r . AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 1'H£ CITY or DENTON AND THE NORTH TEXAS REPEATER ASSOCIATION FOR EMERGENCY COMMUNICATIONS ASSISTANCE, AND PROVIDING FOR AN EFFECTIVE DATE. 'f Rick Svehle, Lssistant City Manager, stated that this was a standard agreement dealing with a radio club which requested using the tower at McKenna Park. Common goals were set out for both the City and the Club in the agreement. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "eye," Chew "aye," and Mayor Stephens "aye." " Motion carried unanimously. t M. The Council considered adoption of an ordinance f calling and ordering an election to be held in the City of Denton, Texas, on April 1987, for the purpose of electing four Council Members to the City Council of the City of Denton, Texas for Places It It 1, and 41 ordering that the punch card electronic voting system adopted by Denton County be used in said election) providing l,y for voting places and appointing election officials and providing for election supplies. City Council Minutes February It 1987 Page 11 t The following ordinance was presented: N0. 81-030 AN ORDINANCE CALLING AND ORDERING AN EL£C ION TO BE AND, HILDTIN ,RE CITY OF DENTON, TEXAS, ON APRIL 4, 1987, 1967, FOR N HE EVENT A RUNOFF ELECTION I6 REQUIRED, ON APRIL 25, t + THE PURPOSE OF ELECTING FOUR COUNCIL PERSONS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR PLACES It 2, AND 41 ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTFC BY DEN'TON COUNTY Be USED IN SAID ELECTION$ DESIGNATING VOTINGL£CLhCLS ION SUPPLIES. APPOINTING ELECTION OFFICIALS PROVIDING AND E Riddlesperger motion, Chew second to adopt the ordinance. On 1011 call voter McAdams "aye Alexander "ayer" Hopkins "aye," Alford e, and Ma or Stephens "aye." Riddlesperger "aye," Chew "aye," Y "aye," Motion carried unanimously- Resolutions A. The Council approval licenses hinder authorizing the city y certain circumstances. The following resolution was presented: i 7.,. rt RESOLUTION NO. R81-011 a TY MAN L ICEN~EL AGREEMENTS OMIT HNGY AR[OUSCAAI LROADAGCOMPANIES XUNDER CERTAIN CIRCUMSTANCES[ AND PROVIDING AN EFFECTIVE DATE. r ,l Lloyd Harrell, City Manager, stated that this was a suggestion to se arements were ine lice streamline operations. Several coutcrossingsnand thise would give ments when they were received during the year .or utility r the City Manager authority to execute the agree in small amounts. McAdams motion, Hopkins second to approve resoluti"on,ayeOn Alf011 call vote, McAdams "ayer" Alexander "aye," ` "aye," Riddlesperger "ayer" Chew aye," and Kayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution n t° >7 t y autnorizDiftiqisi nmrequesting fundinglfortaoluvenilenpoliceaoE[ice~inai rp,, The following resolution was presenteds RESOLUTION NO- R87-012 r'~l TEXAS A RESOLUTION BY THE COUNCIL OF THE CITY OF D£NTON, AUTHORISING THE SUBMISSION OF AN APPLICATION CO 'TBE TEXAS d CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A JUVENILE POLICE OFFICER; AND PROVIDING FOR AN EFFECTIVE DATE. ` Manager, stated that this wes the last year Of a Lloyd Harrell, City five year grant that the City had received for a juvenile police I, The State cOntckbtiO reduced-in the filth year to au 20/801 grant, at 1001 but had been 41 McAdams motion, Chew slllexenderaPayer" Hopkins0l aye " Altordl"aye," vote, McAdams "ayer" " " and Mayor Stephens "aye." Motion I, Riddlesperger "aye," Chew aye, { carried unanimously. r ~ 4 t' I City Council Minutes February 3, 1987 i Page 12 1 i i C. The Council considered approval of a resolution affirming the City Council's support Of the application of Help Our People Emerge (H.O.P.E.) for Hands Across America/USA for Africa funding. I The following resolution was presented: RESOLUTION NO. R87-013 A RESOLUTION SUPPORTING THE APPLICATION OF HELP OUR PEUPLE EMERGE FOR FUNDING FROM USA FOR AFRICA/HANDS ACROSS ,t AMERICAr AND PROVIDING AN EFFECTIVE DATE, Lloyd Harrell, City Manager, stated that Jan Lewis, Executive Director of H.O.P.E., was on hand to make the presentation to the council. E Lewis stated that H.O.P.E. was requesting $20,000 from Hands Across America to increase present services such as rent, rt ilities, food assistance, and employment and budget counseling. McAdams motion, Alexander second to approve the resolution. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aya." Motion carried unanimously. D. The Council considered approval of an resolution by the Council of the City of Denton authorizing participation in the j Section 312 program of the Housing Act of 1964. The following cesolution was presented: RESOLUTION NO. Ab7-011 + A RESOLUTION BY THE COUNCIL OF THE CITY OF DEN'TON AUTHORIZING PARTICIPATION IN THE SECTION 312 PROURAM OF InE HOUSING ACP OF 19641 AND PROVIDING AN EFFECTIVE DATE. Elizabeth Evans, Community Development ;tanager, stated that this resolution was part of an application to HUD to facilitate „i homeowner's application to the program. McAdams motion, Alexander second to approve the resolution. W roll [r 9 f call vote, McAdams "aye," Alexander "aye," Hopkins "aye," A.ford I ' aye, Aiddlesperger "aye," Chew "aye," and Mayor Stephens "ay,'." Motion carried unanimously. E. The Council considered approval of a resolutio' " authorizing the Mayor to execute various contracts and amendments relating to the City's participatiot, in the Texas Rehabilitation u Program. The following resolution was presented: RESOLUTION NO. A87-015 a A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE VARIOUS CONTRACTS AND AMENDMENTS RELATING TO THE CITY'S PARTICIPATION IN THE TEXAS RENTAL REHABILITATION PROGRAM. Elizabeth Evans, Community Development Manager, stated that this agreement had been entered into under the former mayor's term and that the State would like to have a resolution with the current mayor's authorization. 4 McAdams motion, Hopkins second to approve the resolution, On roll call vote, McAdams "eye," Alexander "aye," Hopkins "aye," Alford e "aye," Ridoleeperger "aye," Chew "aye," and Mayor Stephens "aye." c Motion carried unanimously. n' t 1 1 i City council minutes February 3, 1987 Page 13 F. The Council considered approval of a resolutlon ,,pi.:lnring two members to the initial board of managers for the pr.)posed emergency communication district. i The following resolution was presented: RESOLUTION NO. R67-016 f A RESOLUTION APPOINTING TWO MEMBERS TT THE INITIAL BOARD OF MANAGERS FOP. THE PROPOSED EMERGENCY C9MMUNICATION DIS'TRICTI AND DECLARING AN EFFECTIVE DATE. Council Member Alexander stated that the mayors from across the County had met and had proposed two people for the board. One would represent the northern part of the County and 0ae, the southern y it part. The two people were David Purify and Olive Stephens. Mayor Stephens asked if the County had appointed their people. Alexander replied that he had not been informed. Stephens asked about a fifth member. Alexander stated tlat the five voting members consisted of one member appointed by the fire volun._er departments in the County, two members were appointed by the Codety and the remaining two were the members that the Council was voting on this evening. The in- terim board would have the authority to call a special election or to put the election with an ongoing election to establish a 911 " district for the County of Denton. Alexander motion, McAdams second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "dye," Alford "aye," Riddlesperger "aye," Chew "aye," and mayor Stephens "aye." Motion carried unanimously. The Council considered an emergency addendum item on the agenda. The Council considered approval of a resolution endorsing the mayor's criminal Justice Task Force for the Texas War on Crime. .Y.!' Debra Drayovitch, City Attorney, stated that she had omitted section at;i'v"' r two of the original resolution which was discussed in the work sea- i' c r+ lion, and proposed wording to section one that would endorse the , w`i it z r Task Force rather than the legislative package. Council Member Alexander stated that he would be comfortable With that wording. Hopkins motion, Alexander second to approve the reworded ,M1 resolution. On roll call vote, McAdams "aye," Alexander "aye," t, Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. t t 6. Miscellaneous matters from the City Manager A. Harrell reported that the Ciky was behind in its salve tax receipts. A check was to be received next week and hopefully it would be larger. Director of Finance, John McGrane was not l optimistic about the size of the check. Depending of the size of t the check, Harrell was asking all the General fund Departments to submit revised budgets showing a It decrease in non-personnel costs. A modified hiring freeze would also be enforced for General fund city employees. 7. New Business No new items of business were suggested by Council chembers. i t I i City council minutes February 3, 1981 Page 14 i 8. There Jas no official action taken on Executive Session items of legal matters, real estate, personnel and board appointments. S. Tt,e Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. f i With no further business, the meeting was adjourned. t a RAY STEPtl1 S, MAYOR CITY OF DENTON, TEXAS ~ v • .x z JENNIFER WALTERS ACTING CITY SECRE'rhAY - CITY Of DENTON, TEXAS y x f 9. T ` 1~4~ R..I rN I Yf~ r~ + rnF i~u~ @~, e 5 4 y ~ 05 F [\1 J f Ty i y» 41" ,y •f., 44 . Vii: ae 1A 2154g 414 , ti'' i CITY COUNCIL MINUTES February 17, 1987 t The Council convened into the Work Session at 5:30 p.m. to the Civil 13 Defense Room. PRESENT: Mayor Stephena: Mayor Pro Tom Alfordr Council Members Alexander, Chew, Hopkins, McAdams and Aiddlesperger t ABSENT: None 1. The Council received a report by Michael Barton, Principal, + Hospital Management Professionals, Inc. regarding Flow Hospital. Michael Barton reported to the Council the current financial situation of Flow Hospital. He presented overheads regarding the monthly financial history of the hospital from January, 1986 - February, 1987. He listed various factors which where unusual problems at Flow. Among those problems were (1) Payer mix, (2) Medicare, (3) Commercial accounts, Self-pay patients were the largest payer, and (5) Indigent patients who were the smallest payer. In terms of percentage of reimbursement, commercial Otherraunus)ualatfactors eincluded L11)s parolndon;-aynswiatsiotnhethlaowest. the hospital was experiencing with the sale, (2) the purchase of two CAT scanners, (3) a new computer -em, (1) no reimbursement from the County or the City, (5) th4 at factor involved in the new hospital start ups (6) contract a. ;ices, (7) new Medicaid reimbursements, and (8) debt service increases. He suggested the following as approaches to turn Flow around: (1) change the payer mix, (2) capitalire on new programs at the hospital sucn as the substance abuse program, 13) reduce staffing, (I) examine which programs to ,continue to offer to the public, (5) hold a planning ses..iion to determine future options, and (6) arrange for short term financing. He continued that flow needed 16 more new patients and an infusion of money in order to stay out of the red. The situation was not hopeless but key issues were important. Barton listed several reasons as to why Flow should stay open: (1) It was a major contributor to Denton County economy, (2) The community needed a not-for profit•elternatLve, (3) Plow offered potential lower cost in health care, (1) It could reverse the existing migration for health care to other communities. S . ; Council Member Riddlesperger asked if any plans had been made to have Barton present his facts to the Hospital Board. ! Barton replied no. Aiddlesperger stated that the Council realized the problems with Flow and was frustrated also with the hold ups. al Council Member Chew thanked Barton for his presentation and stated 5 that if flow were to be revived, it would take the support of the City, County and the doctors as well. He did not want to point a finger at the causes for the delays but wanted to look ahead to r salvage the situation. ~r Dr. Ken Ford, Independent Physicians Association, stated that Flow's t, , r + situation had been occurring over a number of years. At his last staff meeting, three more physicians had left the Flow ataff as they would not be compensated for their services. Stanley Monroe, Flow Hospital Board, stated that flow needed between $7,000 - $9,000 to continue to exist. He stated that the Hospital needed the money now and asked if the City could match County funds. r Council Member Alexander stated that the ' only way to get more money would be from the taxpayers. Perhaps a request for funding from the taxpayers was in order. The people of Denton needed to know that Flow was a good investment. 2. The Council received a report on the City's participation ) in the Urban Development Action Grant Program. f ) t ;f rr City Council Minutes 111 February 17, 1937 Page 2 a F Barbara Ross, CDBG, stated that this was a project ner department had been working en over the last year and that they had just received approval for the project, The project would assist developers in getting money for projects in "distressed" areas. Areas to develop through Chia project would be the Square and the airport area. Developers could have projects that were residential, commercial, or industrial in nature for those areas. The program was e loan program and any morey used for such projects would have to be paid back. Benefits would be seen for low, moderate groups have the form of jobs and projects for those areas. Mayor Stephens asked how these projects would be advertised. Roos stated through the newspaper, either with ads or stories or both. Lloyd Harrell, City Manager, stated that these funds offered s potential industrial developments for public improvements for the downtown area and the airport area. Y IYr L' Council Member Chew asked that a map be provided of the project area. Ross replied that she would prepare a map for the council Members. Item was moved ahead in the agenda order. 1. The Council received a report on TMPA activities by Dr. ' Roland Vela and Mr. Richard Stewart, representatives to the TMPA " Board. 1 S r Richard Stewart gave a review of the resale of the Revenue Bonds. He stated that the overall interest rate would oe 7.21. He stated that this was the largest sale in IMPA nictory. k° Dr. Roland Vela reported that the Board of Directors were actively working to bring TMPA electricity down. He stated that the size of " the plant had not been fully realized. He reported that the plant was rated at 390 megawatts and that it was operating at 105 ~1i2 `s megawatts. The increase was due to fine tuning of operations at the Plant. The Board was working on gettt.,g the rating Changed so the plae,t would operate continually at the hi.rher rate. He reported that equipment changes and modifications also added to the increased operating rate of the plant. Vela stated that the worker safety at " the plant was very high and that this resulted in a large savings r y du:, to the lack of accidents and no compensation being paid. 1. The Council received a report on the vicious animal ordinance. lW R 1 y This item was not received during the work session. 4 ltr ~ ~;j 3 5. The Council convened into Executive Session to discuss s ! legal matters, re-1 estate, personnel and Board appointments. No official action was taken. sl 'r•`?r The Council then convened into the regular meeting at It00 p.m. in the Council Chambers ' ~4r PRESENTr mayor Stephens! Mayor Pro lem Alfordi Council Members ' Alexander, Chew, Hopkins, McAdams, and Riddlesperger ` ABSENT: None 7:00 p.m. s' The Mayor presented a proclamation for "Save Your Vision Week." He wished the receivers of the proclamation the best of luck in their fine endeavor. e p 'V 4t Y. i City Council Minutes February 17, 1987 Page 3 i# Dr. Paul Cobell received the proclamation and thanked the Council for its support. 1. The Council considered approval of the minutes of the regular meeting of October 7, 1986 and January 6, 1967. I Riddlesperger motion, Chew second to approve the minutes. Motion f carried unanimously. 2, Public Hearings A. The Council considered approval of a petition of the City of Denton Historic Landmark Commission requesting that the Street be addeo to the Oak-HickorY located at 903 West Oak property h The P[oPartY was further described as a tract in !c District. the E. f • ~ " the E. Puchalskl Survey, Abstract 996, and was located on the south aide of West Oak Street approximately 300 feet west of mounts street. c The Mayor opened the public hearing. Randall Boyd, Historic Landmark Commission, stated that this was A reconsideration of this structure. It should have been included in the Historic District. Including this property made clean boundaries to the District. No one spoke in opposition. ~ `r ^ The Mayor closed the puolic hearing. Denise Spivey, Urban Planner, stated that at the time the Historic District was approved, this property was excluded. This presented a ~r problem in that one of the criteria of a historical district was that it should be contiguous and uniform in structure. Based on that fact and in order to have the district certified by the n National Trust, this property should be included in the district. l McAdams motion, Hopkins to approve the request. Motion carried unanimously. r , > }'yE sd H. The Council considered approval of a petition of the ' City of Denton Historic, Landmark Commission requestin7 that the 1 property located at 918 Hest Oak Street be added to the Oak-Hickory ' Historic District. She property was further described as a tract in the E. Puchalski Survey, Abstract 4960 and was located on the notch ' side of west Oak Street approximately 500 feet west of Mounts Street. The Mayor opened the public hearing. ' s dt, Randall Boyd, Historic Landmark Commission, spoke in favor of the d petition. He stated that the same conditions applied to this ' ya petition as the first one presented. Tne Commission was requesting s, that the Council include this property in the Historic District in order to make the lines contiguous and inclusive. ` No one spoke in opposition. The Mayor closed the public hearing. Y f ' Denise Spivey, Urban Planner, stated that this property was similarly excluded from the Historic District as had the previous property. The property met all 10nditidns to be included in the Historic District and both the Historic Landmark Commission and the Planning and Zoning Commission recommended approval for Inclusion in e the Historic District. ~ Y ~ r I 3 1 1 City Council Minutes i February 17, 1967 Page 4 McAdams motion, Hopkins secona to approve the petition. Motion j carried unanimously. 3. Consent Agenda McAdams motion, Alexander second to approve the consent agenda. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 19687 - Strcet Lights and Poles s` 2. Bid 19708 - DC/AC Inverter 3. P.O. 175639 - Priester Supply - $13,521.20 B. Tax Refunds 1. Consider a tax refund to Beverly Halman - ;591.62 y, C. Plats and Replats { 1. Consider approval of preliminary plat of the Daugherty Addition, Lots 1 and 2, Block 8. (The Planning and Zoning Commission recommends approval.) 1 r 2. Consider approval of preliminary and final replat of the Motor ,,dditLon, Lot 3, Block 1, (The r•' { Planning and Zoning Commission recommends n } approval.) f 7t 3. Consider approval of preliminary and final replat of the Northwood Addition, 10th Installment, Lot a 1, Block 1. (The Planning and Zoning Commission recommends approval.) J. Final Payment c+K 5F$ 1. Consider final payment for Stuart-Perahing paving. ' 4. Ordinances c A. The Council considered aaoption of an ordinance L' accepting competitive Dlda and providing for the award of contracts ~ + F for the purchase of materials, equipment, supplies or services. r7{ ,4r r The following ordinance was presented: 14, a + NO. 87 -031 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND ANARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICESI PROVIDING FOR THE EXPENDITURE OF FUNDS tp THEREFOREr AND PROVIDING FOR AN EFFECTIVE DATE. a, + t McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye,' Hopkins "aye," Alford "aye," Riddlesperger 'aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously, u iP B. The Council considered approval of an ordinance accepting competitive bids ana providing for the award of contracts for public works improvements to the water treatment plant. ~x 'r• :I a a' f I City council minutes February 17, 1987 Page 5 Y The following ordinance was presented; NO. 87-032 AN ORDINANCE ACCEPTING A COMPETITIVE BID AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS IMPROVEMENTS1 PROVIDING FOR THE EXPENDITURE OF FUNDS THERSFORi AND PPOVIDING FOR AN EYFECTIVE DATE. Bob Nelson, Director of Utilities, Stated that this was a bid for an andrthe lowtbiddereWas Cagin Contra tarsi from LouDisianaeC The State of Louisiana had a preference law which stated that no outside bidder could receive a job inside Louisiana unless they were at least 51 below the local bidder. Texas followed with such a law. In order to comply with State law, Cagin Contractors would have to be 5% below the second bidder if the second bidder was a Texas f1 firm. The second bidder was Tonto Construction out of Arlin ton Texas. Cain 9 review from the City Contractors was not below the necessary 51 and upon Y torney and the Attorney Ger elnl the old . r had to be awarded to Tonto Construction. The consulting engineers and the Public Utilities Board recommended Tonto Construction as the company to be awarded the contract, as well as the city Attorney. Council Member Riddlesperger stated that h. felt this state procedure was unconstitutional. H . e stated that ne felt this was e s breech of f aith between the elates. ; Debra Dtayovitch, City Attorney, stated that extensive efforts were made to determine whether the low bidder was indeed a Texas corporation and despite numerous attempts, the facts did not show that. MCAda%s motion, chew second to adopt the ordinance. On roll call vote, McAdams ~!aye,~ Alexander "aye," hopkins "aye," Alford "aye," P.iddlesperger .aye, Chew aye, and mayor Stephen. "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance ,j providing for the expenditure of funds for emergency purchases of ? It' .-i materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements ,N of competitive bids. " t The following ordinance was presented: NO. 87-033 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOE r EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCd PURCHASES FROM REQUIREMENTS OF COMPETITIVE F' BIDS; AND i PROVIDING FOR AN v 'c EFFECTIVE DATE chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye Hopkins "Syr," Alford "Aye," Riddlesperget "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Alford left the meeting. r D. The Council considered adoption of an ordinance approving a change In zoning from the agricultural (A) classification ' to the light industrial (LI) classification on 95.265 acres located west of I-35w a 1515) (Z-1750), pproximately 31500 fret /ouch Of Airport Road (FM The following ordinance was presented: NO. 87-031 AN ORDINANCE AMENDING THE ZONING MAY OF THE Cli'Y OF DENTON, ...i TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES 1'0 95.265 ACRES w.n ..eke . I i City council minutes February 17, 1981 Page 6 OF LAND LOCATED ON THL WEST SIDE Of INTERSTATE 35W APPROXIMATELY 3,500 FEET SOUTH OF AIRPORT ROAD (F.N. 1515), If t AS IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A ' CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" r DISTRICT CLASSIFICATION AND USE DESIGNATION, TO GHT INDUSTRIAL "LI" DISTRICT CLASSIFICATION AND USE DESIGNALITION) PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF 1,000.00 FOR VIOLATIONS THEREOF) A.D PROVIDING FOR AN EFFECTIVE DATE. Denise Spivey, Urban Planner, stated that this property was in a high intensity area for light industrial uses. The petitioner was seeking that type of zoning and the Planning and Zoning Commission had approved such zoning. Mcl,dams motion, Alexander second to adopt the ordinance. On roll cal: vote, McAdams "aye," Alexander "aye,° Hopkins "aye,", Ridd_eaperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance naming a public park as Avondale Park. I Ilk The following ordinance was presented! N0. 87-035 AN ORDINANCE NAMING A PUBLIC PARR AS AVONDALE PARR; AND DECLARING AN EFFECTIVE DATE. Steve Brinkman, Director of Parks and Recreation, stated that this was s 16 acre park donated by Foxworth-Galbreth Lumber Company. The k entire 16 acre tract would b: developed this year and hopefully would be completed near the end of 1987. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Aiddlesperger "aye," Chew "aye," and mayor Stephens "ayu." Motion carried unanimously. ?7 Council Member Alford returned to the meeting. F. The Council considered adoption of an ordinance r, amending Article Ii, Section 27-33 of Chapter 27 "Wreckers" of the code of Ordinances of the City of Denton relating to fees charged by services. The following ordinance was presented: I~ ' 7 aF,', NO. 07-036 { AN ORDINANCE AMENDING ARTICLE 11, SECTION 27-33 OF CHAPTER it 27 "WRECKERS" OF THE CODE OF ORDINANCES OP THE CITY OF DENTON RELATING TO FEES CHARGED BY SERVICES; PROVIDING FOR " tl A SEVERABILITY CLAUSE) AND PROVIDING AN EFFECTIVE DATE. Rick Svehla, Assistant City Manager, stated that this item was " presented to the Police Department by a number of individuals r kr% involved in the wrecker business. The fees were charged to the " appropriate owner and it had been ac least three to four years since the fees had been changed. . Council Member Chew stated that he wanted to make sure that the wrecker people had the proper insurance, cargo insurance and general liability, so that the City would not be liable for the vehicles towed to the City pound. Debra Drayovitch, City Attorney, stated that there already was a provision in the ordinance for certain types of insurance. f2 , 1 r ' f i City Council Minutes February 17, 1987 page 7 s j Hopkins motion, Alford second to adopt the ordinance. roll yell } vote, McAdams "aye," Alexander "aye," Hopkins "aye,," Riddlesperger "aye," Chew "aye," and Mayor Stephens " Ailf ford "aye "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance amending the 1986-87 budget and authorizing payment to Falbright and Jaworekl for legal services. The following ordinance was presented: NO. 87-037 AN ORDINANCE AMENDING THE 1986-87 BUDGET OF THE CITY BY APPROPRIATING THE SUM OF 16,241 TO PAY FOR LEGAL SERVICES RENDERED H r AUTHORIZING LEGAL SERVICESrAND DECLARING AND EFFECTIVE DATE NT FOR SAID Mayor Stephens asked that in the future an itemized statement be prepared per Item for statements. I DebratoDrpayrepovitchs,ucChitsytaAtettomerntney,forreptlhie Council he would instruct the Council Member Alexander stated that it should be well known to the public that the City was responslole for paying a substantial amount PPP of legal fees due to the negotiations with Flow Hospital. ! Hopkins motion, McAdams second to adopt the ordinance. On roll call k voter McAdams "aye," Alexander aye, Hopkins "aye," Alford 'aye," no~ Riddlespe[ge[ "ayeChew "aye," and Mayor Stephens "aye." Motion carried unanimously. I3 H. The Council considered adoption of an ordinance and contract for engineering services for a feasibility study of co-generation facilities at North Texas State University. ;y The following ordinance was considered: N0. 87-038TWE AN ORDINANCE APPROVING AN AGREEMENT BE, FO THE CITY OF DENTON AND LUT2r DAILY 3 BRAIN III FOR ENGINEERING SERVICESI APPROVING THE ERPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 5+ ' 4T " a Bob Nelson, Director of Utilities, stated that it might be viable for the City of Denton to install the cc-generation unit at r N.T.S.U., but that mote information was needed. More information " was needed to determine the economic feasibility# the legal III constraints, the risks and the money involved, To help answer those r { 4,{ questions, this study was being proposed. The Public Utilities r f 4 P 1 Board had recommended approval. I Council Member Riddlesperger stated that he hoped that the Utility Department and the University could agree on a contract that was helpful to botn. *Wy Council Member Hopkins stated tnet she had not heard any time before ` that the City would be out of tpe engineering tees for North Texas f to put in the ce-generation unit. If North Texas wee the one pulling out of the City's utility systemr she did not understand why t the City was paying the engineering firm. Nelsen replied that the study was for the Clty's own knowledge and data base to determine whether it would be feasible for the City to be the owner of the co-generation device. If each a unit would fit s b City Council Minutes February 17, 1981 i Page E into Denton'$ long range generation goals, then it could be feasible that it would be beneficial to the City of Denton. The data from i the study would give information for structuring contracts as North Texas proceeded with their pro)ect. Hopkins asked if the firm had anything to do with the firms that North Texas was working with. Nelson replied no. Lloyd Harrell, City Manager, stated that North Texas had told the City that it was their intent_on to proceed with a feasibility study. The study presented would help the City determine that if North Texas did proceed with co-generation would there be some way that the City could be involved so as to lessen the impact on the Denton rate payers. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "eye," Alexander "aye," Hopkins "aye," Alford j "aye," Alddlesperyer "aye," Chew "aye," and Mayor Stephens "aye." y. Motion carried unanimously. S. Resolutions A. The Council considered approval of a resolution y; postponing the regular Council meeting of March 3, 1981. The following resolution was presented: RESOLUTION NO. R87-018 i A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 3, 19871 AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Stephens stated that the meeting was being postponed due to the Council's late return from a conference out of town. The z' meeting would Pe changed from March 3 to March 10. McAdams motion, Alexander second to approve the resolution. On toll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford a.> "aye," Riddleaperger "aye," Chew "aye," and Mayo[ Stephens "aye." E , +rl Motion carried unanimously. M1c S. The Council considered approval of a resolution adopting a formal Investment policy for the City of Denton. , The following resolution was presented: ti t~ 4 J 01Z+~.; 4Sa RESOLUTION NO. A87-019 1 A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR CERTAIN t ''•"t "-.'+s FUNDS FOR THE CITY OF DENTON, AV^ DECLARING AN EFFECTIVE DATE. Alexander motion, Hopkins second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford w "eye," Riddleaperger "eye," Chew "aye," and Mayor Stephens "aye." n Motion carried unanimously. 6. The Council considered appointment of a Deputy City Secretary. Lloyd Harrell, City Manager, stated that this appointment was to streamline the City Secretary's office by shifting the licensing functions to other departments. In this case, Martha Davidson of the Planning Department would be handling the beef/wine permits. McAdams motion, Alexander second to approve the appointment. Motion carried unanimously. i . r 1 ~ W'ry Q 1 r City council Minuses ` February 17, 1987 Page 9 7. The Council considered approval of members to the citizen's task force on beautification efforts in the City cf Denton. k Mayor Pro Tem Alford read the following names: j Jeanne Morrison, Chairperson Jack Bell, Jr. T. C. Bowman Mack Cochran John Cooper Bill Claiborne Mable Devereaux Pay Gough John C. Johnson Sam Marino Ted Meador Marcia Merritt Jim Render Dorothy Scott Bette Shaw Mary LaJean Sherrill Cliff Stephens Bonnie Taylor Pat Waddle Theresa Waller Alexander motion, McAdams second to approve the members as indicated. Motion carried unanimously. B. The council considered authorizing the Mayor to establish a; Youth Opportunities Task Force. Mayor Stephens stated that Steve Brinkman would be the staff liaison. 1r'! Chew motion, Alexander second to approve establishing the task r(f force. Motion carried unanimously. i 9. Miscellar*)us matters from the city Manager. t Lloyd d,,rell, City Manager, presented the following items: % a A. Drawing for places on the ballot for the April 4 N { elution would be held Thursday at 11:09 a.m. in the Civil Defense ~r Room. ' Y B. The Cnamcer of Commerce Annual Banquet would be held - March 260 at 7:00 p.m. Contact Mrs. Walters to make arrangements to A attand. C. The Planning and Zoning commission and the Public Utilities Board recommended to the Council that an internal + committee be appointed to look at the variance requirements for fire _low purposes when installing a water line. The current criteria was very difficult to meet and the two Commissions felt that yr ' revisions world be appropriate. The committee would as made of two >r - members of the Planning and Zoning Commission, two members of the public Utilities Board any: one City Zouncll Member, If the Council i ` 4tr was in agreement, a member would be selected. D. Denton County Day will April 7. Council was encouraged ,.5.,..r u to let Mrs. Walters know who would be going and when. t a 10. There was no officlOl action taken on Executive Session items of legal matters, real estate, personnel or Board appo.'ntments. 11. New Business P e i , Mayor Stephens pre.wnttd the following items: t5 A. Each of the Council members was presented with a momento from the Texas War on Crime Conference that he attended in an effort to call attention to that committee's rock. B. Stated tnat no one from the Planning and Zoning Commission was represented on the Capital Recovery Fee Committee. He was requesting that the Planning and Zoning Commission select two s : members to be included on the committee. Consensus of !ne Ccuncil was to proceed. a i f+~ % '''.6 i City council 1innutes February 17, page 10 C. Asked Staff to prepare a resolution in support of Holl local churches as they plan a city-wide function. Rev. ier had approached the Mayor regarding this itnm. Consensus was to proceed. Ph informationa dlatirep ct the the instlied at MCAdamis asked line council emergency system in such cases as those that occurred at the Phoenix Apartments. The Council considered Item 43 from the work session. The Council received a report on the viCious animal y ordinance. wti Lloyd Harrell, City Manager, stated thrt this was a refinement of an ordinance idea brought before the Council by one of its members. a Bill Angelo, Director of Community services, stated that there were several issues the task force members had fevtewed. animals onTho eoissues included (1) did the ordinance apply a property--the committee felt yes, the animal should oe properly restrained to prevent contact during the normal coursecomplaint ewae (a) was s Ihysician's statement necessary when 13) filed--the committee fee t, a ye somespretstement;uraashouldd tand he doc that Proof Should si preliminary investigation be done by Animal Control to insure that all documentation was in order--the committee felt, yes, this was necessary, (4) who would be the Hearing Officer--the committee felt there 'rk one city shoul.i e person, a 5f) sthree houldc the soerdinance apply to vcats and ' well as dog,--the committee felt, yes, it should apply to all animals, (6) was the Hearing "Due Process" of law--it does constitute dne process, (7) if an animal was found guilty as " vicious, should it be destroyed--the committee Celt, sometimes dr r4" depending on the conditions of the threat, An item that the committee hao not yet completed was the option of keeping the animal r r, at the AnlmnI Control Center or at a vet during the hearing ' a process. Th1a committee was in favor of the Animal Coatfol Center but area vets felt that the owner should have a choice. Debra orayovitch, City Attorney, stated that situations could arise G `f that If an ,nimal were ordered destroyed the vet might not surrender f i the animal. Also, there would be the question of the fee involved in boarding the animal at the vet's during the hearing process. N 1'_ f~ The council returned co the regular agenda order. i 1wdw 12, The Council reconvened into the Executive Session to a: discuss legal matters, real estate, personnel and Board f yl appointments. No official action was taken. With no further business, the meeting was adjourned. i RAY S'tEPHENS, MAYOR CITY Of DENTON, TEXAS a ~ ~ + JENNIFER RS, ACTING CITY SECRE. CITY DENTON, TEXAS r ~ I ri ,h{ i T R 0 y q ~ n rc1 ..,wne I 'ai~.1 t •~^i 1 y y t i i 1 March 27, 1987 ` To: The Denton City Council Re: Closing of on block of Congress St„ May 8 As a representative of the A.O. Calhoun Junior High 1, 12 1! Schul.)l P.T.A., I would like to request permission to close s ` off the block of Congress Street which fronts the school f ` between Denton and Alice streets on Friday, May 8, 1987 i w w between the hours of 3:00 p.m. and 8:30 p.m, }yap`' We request this in he interest of the safety of the ' :~s" rt students, who will be crossing cnd re-crossing Congress 'R Street participating in our annual "Cougar Day" celebration. rf`Y fs'I All property bordering the street in this block is I<< the property of the school and closing it has not posed a t~ y t~ r1 .t xi r problem in the past. x We appreciate your consideration of this matter. f i= Sincerely Jyouur/s, rR~ Kay Lamb s Chairman, Cougar Days. Y ~ u1 , t ) _A f fr / d,~ ~ J r H( Xrl §If l~ Y 'Y I + ~~~At ~ ~.x. M.. w.r rv. n. ..y ♦ . n.. w Irv f Vx. {x `QVVV i. r N. .n ♦ r xa . 11 r, ti + A . r ;r \ Y 11 4V P f+ti! w:y' n y Y 34ti "r wr~rrrrr T IS U j I NORTH TEXAS (*))STATE UNIVERSITY APN_, o , I Univers4 Union O~YM41f' "tN;U~ 1I March 30, loa.? 1 } TOt Jennifar City Secretary PRON9 Zachary C. I Tuck Coor 92&r-Crook F Affairs f RCN Stop Light Blitz Thank you for discussing the annual Croak Stop Light 9111tz. 2 as i pleased that we will be able to do this activity Agaiti this year. y't Aa you know the Croak System !s able to give a sizeable contribution to the United itsY campaign each { year because they are allowed by the city to solicit at street corners. Attached are the locations we dicussed over the phone. f46`j We will Asks aura that none of our workers are interfering or i.~ FM tF s a, walking in traffic. J . F1 14. t 115E 'I , r Y 4 Vf ~ .l 1, 3 Ir. r y, F J, ,t~, f r 4 'y t t YC J % I ),Ire y ~4 y.~ Y 1'i .AL r d'71~x3. M 9) l ♦ l r A Y 'A •1 hl ~f`r / : A P.O. BOX 19905 DENTON, TEXAS 7820}7'05 617.585.2611 MEMBER t k' j ASSACtATXJN OF COLLEGE UNIONS-INTERNATIONAL ' NOTIONAL ASSOCIATION FOR CAMPUS ACTIVITIES i I siTG6 LIGHT ALIT2 LOCATYiN ? 7 r. CAGLE AND AVE C LOOP 244 AND I '3S AVE D AND 19S CARROLL AND UNIV2RSIlV DELL AND MCKINNCV I ~S I i Sla! 'S r'ilt r v:: v L .a ~ ti r AID !l~ I~t bt ,•i~ ~ ~fti y IrF r p fJ u 1 i. ! r~ C 16 } ~l I , V 7~ a'tj t r L. r ~ S t F~ t { J a .e ~~Vr~~ Yak ~ t t N~ 1~1J ~~a nr• , a a~ x k I r,l ~y]' 1/hA L KI~ ~ 1 0 _..,-1 I , I , Lu.. DATE: April 7, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council { FROM: Lloyd V. Harrell, City Manager SUBJECT: BID) 9738 SALE OF DIGGER DERRICK RECOIq-1ENDATION: We recommend this bid br awarded to the highest bidder, A 6 T Diesel in the amount of $16,500°00. SUMMARY: This bid is for the sale of a Dunham Model 430 Hydraulic Hole Digger. This unit is no longer economical to maintain and has been declared surplus by the using department. The truck chassis will be retained and a knuckle boom crane will be mounted on it at a later date. s d.y > V b BACKGROUND: Tabulation sheet h PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool FISCAL 11TACT: funds will be deposited to the replacement of Motor Pool qu pmen ccount and applied to the purchase of the crane. Respectfull submitted: t y If ~aW"~ ~ t " 1v ° Lloyd Y Harrell ai u City Manager n4 ' 4,r~r Prepared by, , Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: rr y Z.,; ~ a s m J~I*Mars hall, C.P`1fi- y Tltll, U~ 'ing Agent y' ^ 1 4'. 1 A I` ' R ) ~yy~. a.mw. PiM'M.V^V~~3i"Nak n9. a:..,; ~ ..y ^ 9lD 1 1 9138 1 MELYIN 1 TEIDMA I A 4 1 1 A I A I I Ito TOLE SPLE OF WEER DENRIEK I > COMPANY I IIIU.ITI I DIESEL I NYDRAULIES I I EFEMEI 3J?1111 2191 P.M. i I I I I I AECUUNII ! I I i I I i I I I I I i-•---------•-I•..__...._...I--------•----i-•-----------I-•-----------1 1 9TV , I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I i 1 I I I 1 L r 1 IDR AM 415 PYDP41JLIE NDLU I I I 1 1 IDIDDER 1 15.151[11 1 13,516.11 1 164511.11 I 1yr%li I I . 1 r r i 1 I t i 'r t I i 1 I i 'a r 1 1 t I I r :''s ! I 1 I I i II 1 I I I I i ;-q f 1 I I 1 1 I 1 :;°I 1 ! 1 I I ~~a ~I. ;I I I I I 1 1 ,i 1 I I I I 1 I I t I' I i I I 1 l I I ! I : r 1 1 I I : 1 n + ~ y M i , Y rv~ti j WrYo10ENT0N, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8200 j March 5, 1987 TO: Mayor and Members of the City Council ; FROM: Victor Schneider, Tax Technician 9 x, TERU: W. Jay Anderson, Controller SUBJECT: Approval of Tax Refund for Anna G. Tanner RECOMMENDATION: v' Tax Technician recommends that tax refund be issued. , SUMMARY: y,<< . I ~ set kY, - Chapter 31, Section 31.11 of the Texas Property Tax Code y ' requires the approval of the governing body of the taxing y 1 unit for refunds in excess of $500.00, Taxpayer, Anna G. Tanner, has requested a refund in the amount of $549.02 for a double payment of 1986 City tax account number e> 6703-01300. << , r BACKGROUND: * "+r*k;.,,;, E,? Duplicate payments for tax year 1986 were made by Mrs ,itf`ft n Tanner and her mortgage company, Our records indicate ` i` a total of $1,098.04 was paid against a tax base of kr~f, .u v $549.02. FISCAL IMPACT: $549.02 to be refunded, Respectfully submitted, Er4' ' ' ~.II actor Sohneider iJ Tax clinician v f , v s~°~> a,~_ ay er on ..;wa Contro r ~E { z t V$:00:gd ~r~ '/~yy'Yy I f J 1 ~ rl q E ( .~.wf~~ ' r 7h, WM1M'S"'rll',~~A~`~,UI~FY'aWPA~7 AA N.~..kml~atlw"ri4''Y3. ~.,'.+.avd AS«4eMk.r.. l r. 4' I y~ryM'y}J1~'{Y1~SVn''~~ a Mo%Prop" Tax aoard APPLICATION FOR TAX REFUND Rotund Appikall" 31.111112) Collecting Office Name r ~~C ~r~cr,n - Tg! Owp} - Collecting Tax For. ~i ty o rrl vr~ (sx n note IS 76 2-910 s City State, Zip Code In order to apply for a tax refund, tna following Inlormation must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: Anxa T'rrrl rr - Address: 3 / (~.!/E'S .YTu ✓ TX 76,2E Telephone Number (t additional information is needed): ~i 7- 3fru7. -631,% i IDENTIFICATION OF PROPERTY: Description of Property: eAk cd 3', olkek 3 L o -e, I3 l Address or Location of Property 3313 DL,~T i Account Number of Property as 7v 3 iUCy _ or Tax ileceipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested r s tgh.011 / 19 S S t 2. 19 J19_ $ S 3. R ' Taxpayers reason for refund (attach supporting documontstlon): _~r[~ [~Pls--l=x~jY r /Y~i•~~70,414ee are ler/l10af a.se !~,2 /!7✓< T~.~r.- is rr9` ° "I hereby aDPIY for the refund of fbe abov"oscribed'sxes and certify that the information I have given on thle form a ,r f is true and correct" s f Signature Date of Application br Tax Refund 6`r ~tw 4.. rr- rr-.r- rr rrrrrrrr- ...rrr..rr- r,.rr- r rr- rr rr- r rrr..rwr - ..r- - 7 S w , ~ r a r, DETERMINATION FOR TAX REFUND: Approval Disapproval , Signature of Authorized Officer Dote p it .'1,. a ^ Signature of Presiding OMiar(s► of Taxing Date y„ ` rr Unit(s) for refund applications over 5300 i Any person who"** a Moo st" upon tobite6olog record ehall be 1Ybpel le ens al IM HlNowlnq penafeee; 1. ImyxleanmeM of ` net mare than 10 yeses nor less than 3 years andlef a IM A net mere than 66,066 or be* aueh Aea and I mprkenmenl; A, c anonernent In )aa far a term up to 1 year or a Ora net Is exceed 6t, 006 of beY1 such one and Ir"Pd" mans so sal !0311 In 6dstlon 31,16, Penal Co". 30 COLLECTIONS . 4 i 1 r ANNA 0. TANN96, 9 2 8 3 0 iwAHi Dp,~ DENTON, TEX" 71291 1VA ti .r r 4 a, oMw d_Cdl _ f$ L' o Z l 4" 00" FIRST (TATS Kw MpM i ' Di NTON, Tg,1AS 7*201010* f I t ' ,,pp ! I I, L L 19 L4 ?4 21: W' 19 5888 34' 28 30 x'000005490 2*0 r ' rr ~ AR ICY C. - 1 p Iq~l 4 , - 6 e I. r y 4 ~ r1 l4 y^ s ! 1. T 1 4p I • ♦ 7 I I 1 "Uic ~LL ydf~. I ~ 1! N 't I 1 I ~ 1( ~V l y { 1 u~ W Z f r^, i 5~1}tip Z VIA 4 IE[ 1j~ed a ; ~ a ~ I t , * s r F p F F a v ' I 4 1 MAKE C NECKSPAYAbLf 7p; CIrv pfKTOH TAK pEp A,q TMENt O 4Y AOCOUNTNUMSEA rAxYe. E 70,1_ Ol JC0 19@6 TANNER NAME Al, NA 4' ?A)( CULP 549.02 PENALTY r 000 q T,, „ Lt. y,•;!' LEp TOTAL CfL 549.02 K ° pN[C i J•. I U OUR RECEIPT r it ti5• " I y r , 1" ;I 1 PLEASE AETUAN STUB W'TNPAYMENTIS I J fit " ti- ~ " br A' `l ly M 1 n~ ~f "n ..i Vlr I~ >~I » 11 i. , r a c vr~'_ F y~ ,t r, A ~ s .AP I " ' ~d.HI { d k x ~ E elf R i r s r • ~ vY ,I. I~ • r. i Apr 1 ~ r •+w •A I y. i it x I~IYA A 't' ! i •'~,~~I l~~{ a ~~Ar9 ~ ~ ~ 1 It~~. ~d"~ :7<< A1° ~1~, Y•!' ~J i A „ A e I J I! xi+ { A Y ISY r tt. ~ ~ + i On NOW i ~r 10 1 .1 yr • . ' I I ~y ' y • MAKE CHECKS RAY ABLE TO CITY OF OENTOA TAX DEPARTMENT a 1 ~V, 77 - C r YOUR CANCELLED CHECK is YOUR RFCCOT PLEASE RETURN THIS STUB WITH PAYMENT 1 , 1 y } I. f l-e .......w"..M WNAV1Y~.b~~++.n~~M.I4~r'MIMI~~ rr- u F I y i Yfial' ,M . } al I t_ < I t j I 1 ra 1 .I" j• ~a • t< art ~ I 1 1". 1 I L CIF ~,x I is. ~l r e I Li r;' Otis' ~ r , e , •I: f r } I 1 { I ` CITY of DENTON DLNTON, TEXAS 7040! April 2, 1987 TO. Mayor and Members of the City Council FROM: Victor Schneider, Tax Technician THRU: W. Jay Anderson, Controller SUBJECT: Approval of Tax Refund for Denton Savings Association RECOMMENDATION: Tax Technician recommends that tax refund be issued. pt SUMMARY: r. Chapter 31, Section 31.11 of tt..e Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of X500.00. Denton Savings Association has erroneously paid taxes on account 2110- 00700 and is requesting a full refund of $3,048.35. vBACKGROUND: Oncs Denton Savings Association discovered taxes were ° unpaid on account 2110-00701, they promptly paid all taxes, penalties and interest due and re;uested a re- fund of the amount paid on account 2110-00700 as stated ' in the attached letter dated March 30, 1987. FISCAL IMPACT: $3,048.35 to be refunded. m a Y,r,. r Respectfully submitted, r ,Y. a / ,i • 1, r e f'i , ffY" v;fe a , {t y Victor (T. Schneider s Tax eclmicia r~r r a Jay h arson Controller VS : GD: gd' s , 71,w.^"^' a r~r 9 i E I DENTON n SiAVI~ m ;~OCIATION March 30, 1987 C City of Menton Tax Department 215 E. McKinney Denton, TX 76201 ATTN: GINGER Deer Ginger; Enclosed is the copy of a 199( zity tax receipt in the name of Donald wrtis which was paid by Denton ',avings Association in error, in the amount of $3,048,3S, 1 am requesting a full refund of this tax payment, and for your records, I have enclosed a cupy of the front and back of our cancelled check, which paid all our city taxes, along with our detailed statement of all the other accounts paid with this check. The disbursement for Donald Curtis is circled in red. Also enclosed is a check in the amount of $1,474.60, rep.esenting payment for Gene Massengale which eucludes penalties and interest for 1986. This is the account that we should have paid originally, Please send a refund application for the incorrect tax and a receipt for the correct tax in the enclosed postage paid envelope, Thank you very much, Sincerely, D N SAVI 4TION •z h r` Gayla Bl r Loan Service Rep. GD9 Enc. 300 N. ELM / P.O. BOX 1307 DENTON, TEXAS 76202.1307 • $17.381.3503 f w 'a - - ~11WWWS A. M WA L r, a vl;y 41 lp0[ A u'0pdd9cj 1: L L 19 i tt 21; u'd 1 ? 200 ?u' AR E DUE HtUAND BECOW DELINOUENT rrfyolDmfonTax OcpartrKnf I TAX STATEN NT fEBRUARY Lit SEE REVERSE 11! E. ,McKinney St. SIDE FOR PENAL-Y AND INTER. Denton, Texas 76291 EST DETAILS PHONE 5668318 1 r, rltorcKTY DueKlrrloN _ A0927A MEP 0 PAR• TRACT 7(PT 0 or, ACCOUNT MUNBeR TAK YK. TCA F)• AC;•ES 19.8490 1/187-2 _ 2110-00700 1966 •59 LOCATION ASSt_TD EM►T TA7IABL[YALU[ Slb•669 516.669 OLO MCKINNEY RD• SY RV [YOR MKT, PRAIItO 1 L_ TAM DU[ 516.669 > 39046435 KAT1 1 tBALTV 100 IS .00 o AL 3.049.35 35829 004ALO CUPTtS j BOX 600 PAOSPER TK75078 FOR RETURN RECEIPT, SEND BOTH STATEMENT PARTS WITH SELF•ADORESSEO STAMPED ENVELOPE fit r • 77/1•r!Ar W MIN 4AVIN .f ASSOCIATION rAr,F 11 IAr 11AI411 HAIAN(FS 1131 rNn6 GOOF AMT ACCOUNT Nll rOOF AM1 A(fOUNT NRR CODE AMr Af.CP(INI N11P I'10F AMI W5161: 6 51 346.10 36 663616 4 3i 33I if 35.417344 "0 51 345.03 311 51APIl1 A ii 414 B0 20 004410 0 31 423 99 20.005104 4 31 544 65 70 oc5436.4 31 294.15 2t. 0055940 11 490"96 ~o58 B 31 416.34 70.005779.6 31 395.75 20.005796.4 31 430.73 29105888.4 31 930.62 ~'b668s~ 3 51 138.43 36:6704145 4 51 11,13 30 608560 3 51 135.93 30 &66446 6 51 4E4.i5 70.006g401.2 31 304,59 20 000404.4 31 109,71 20 006460-4 31 208.98 70 006511 2 it 379.95 \ p 819 2 31 771.44 20-940735 6 31 t,p1891 20-006791:1 31, 714,31 20-006895-0 71 695.89 gg?p gp6869 a it 144 if M: 6614 6 51 1,156..71 26 0016113.0 if 316.66 30:661334 6 ii 13fi.53 o 20' b0 001311 31 121 SO 70M:73Ap 4 31 3tA.60 20007J66.1 31 321.21 20.007379 6 71 232,43 2 oC 7406 0 31 226.11 20 001531 ° 31 264.09 70 0075°1-2 31 114.29 20 001595 7 31 23J.06 3d tx31924 0 51 313,37 30 061636 4 3I 361.61 56 ni14696 o 3i 633".14 16 661114 0 31 531.61 1 20 001191.9 31 253 69 200078110 31 233 49 20 001889.2 31 253,17 20-007891 a 11 725 22 qpp7907.0 31 717.11 7C pq 1951 6 31 418.23 20-007959-6 11t 301,29 20:001962 0 71 100.31 I8 98M4 6 31 113.4'8 3b nb4 3 A 31 175.61 36 W616.4 Ji 3§7 13 30 064Dip o 51 355 ii 20 008005.2 it 264 43 20 008220 4 it 379.69 20-006216.0 31 249.92 20 006314 0 it 264, SO Il, 29V US? ° 31 111 30 70 008215 0 31 9S.03 20-008391.6 31 299.14 29 006405 2 31 19.56 35`66 4ib a 51 131.41 ail 6nAo31 3 if 143 60 50 656116.6 51 554 13 io-636915 r ) 1 144 45 32 0401;11 6 11 3x11 RI 1) 04.)149 ) it 123,0) :12 040111.6 it 344,61 32.040168 0 :11 is 1•So - A111k1 IF>nl r,rl(al11 P1? 10TA1 11,1110 6A TOM All 21,648.1214k--' - 301, kl ' 20.900104 4 31 321.95 20 001918 0 31 291.33 20-004087.6 1'f x'459.68 ?0.009121.8 31 504.99 W 252.1 31 432.65 20 Wpo 310 0 31 339.24 20-004527.6__ 31~ 467,13 20.001542.0 31 316.08 W - 4 3 1 440.43 36 664441 A if 666,31 36:665833-'0 ' 3 1 -.304,33 ` 36664414 4 3 1 P l1 l 11 20 004981 6 31 305407 20 005410 0 31 266.10 20.005702.0 31 685.04 20 005129 0 31 750.61 ,i 2pp 0qQ0s I-8 31 545.60 20 V117 2 31 443.46 70:005780.43 , 591.93 20.0011916 4 31 6p2.14 36'6640 i-3 31 343.31 16 6&313) 6 it 393.51 36-oo~df6 3 59(.14 36 606041 2 if 9$& 46 20 00047 6 10 430.29 20 000151 6 it 300 04 70.006192.4 31 292.33 20 006)25'2 31 641. S7 0" 57 4 p 31 651.97 20 09°218 4 it 793,96 20.002761.2 31210.76 20006365 2 31 306.19 'I 0 361 1 ! 11 !IM A) M 0c~A M A 31 59A 16 36 606461:1 31 1114.11 30"606569 & 51 115.44 :pp~yyltmt656p1 2 31 911.41 70 006584.4 it 410.64 20-006613-2 31 314,69 20"006029 2 it 444.35 7 3 1b 066604 4 31 14 .16 24' (s6 05.2 31 484.32 20.0069 54:031__ 654.94.... 70:007019.6 31 515.08 G~ll "No g8 61~1& 4 3i 534,30 30 obfif3o 3 31 536:71 jo 839158.4 31 3,555.53 20.0111714 4 31 20 007320-4 11 181.45 20.001502.0 31 180.39 20.007680.4 31 210.06 RAN' 1 19 7• 3 20•~1671•j 31 247.60,_..""20.007684.4 31 _ 193.17 yi Ill K 3 : 1114.2 31 663,31 35.3 69950.5 if 333.45 . 20.001762.0 3,11 298,16 20.007802.0 31 345.43 70 91,171,13-a JI Ill 04 z p~ T p~ 7 31 242. I 20.007°10-pp 31____$80.31 .20-001021.6_ 31.,_-- 311,11 20- 7829-2 31 140.01 . ' ?b=6t1~60-3 31 533.5 30 57655'3 d -3f 661.61 30=M163'i=f1 °-3i 1!71,14 36.364040-4 if ;`01.112 90 101!9 2 .11 390.80 20-006111 6 21 358.53 20-009194.0 31 430.01 20-008291.2 31 509.95 } + b 4 31 12. 06 2 31 476.12 29-00811l 31 20 3O 811°•0 31 2X1,03 'r° ~QQg ~1~9fii 31 ~46i3 ~b bo11~A~b 31-_ 301. f6 3=635131=4 ii 331.40_ _ -3a 1$16i~8 31 3a~°i!b , 30-02Q0p14t•1 31 302..71 30.Q0420212.4 21 321.81 32-040100.4 31 433:99 32 040104.4 31 341.81 j;.,81$ill 11 14$11.111 J2-8101$1,6 If X09. 0 32_040155.6" 71 381. 34 32-040t61.2 31170.01,__ 4 Ilk I lutif 11751 0660P (10, -IafxL NAN U 1rMAL, 1 ..n,...-.,_:.,.. ,1,,,.,....-.~..-~,...+............, v.-w•,..~....,.~, R, 144d+AM41A19'. • .+~I~,jI6N1AM/WNIGL,M.~r1,i •Y+r:M.M..LM~/.•'IM:Yllahr}.MY M..i ~J 1 I 1v r. / r/•f rI 1' Pr NION %AVIN'ii ASSOCIAIION PAGE 1~U'I",rnn TAv RAICII RAI ANC(S 231 ACf,011NS NRa Cnl`r AA1t Ar(n11Nt Nnn r. nnF AMt ArrONNt f1RR COOS AAI7 A6COIINt flnA rnnF AMr 30 3676W W A 31 441.13 3'0 W00164 9 3i 313 33 36 060440 0 3i 355.03 ?0.000873 R 11 914.44 20.004041 6 31 459.94 10 005391.2 31 656.22 20 005639 6 31 500.30 .005613 2 11 916 44 / 0:Qo_56 8'4 31 251.76 20 005124.4 31 580.33 20.005917:2" 31 151.75 20 006I69 0 31 221.9] 38 2113 4 '6 51 M AI 36 MU O 1 31 314.31 36 664416-6 it 441,44 20 006594 7 11 443.44 20-0064 /R•0 31 243.17 20 0064/9.5 31 261.19 20.006559.6 31 0937.62 70 006594 V Af 26A,40 1 Q ~p 0596-4 3! 767.14 20 006598 0 31 261.14 70 0066516 31 170.5 20.006664 4 31 7!1.46 / 98 66S13A o 51 3gO.31 36 bdA19A 4 it 318.35 3b-6c4101'3 it 751.9 30 164114 + If i1A 5t / 20-006655 09 31 810.47 20 oo?d27 '0 31 1,223.05 20 007017-6 31 582.28 20 007090 31 1139.03 l Z,$,13Q98.4 3??1 456.42 10.007110 0 31 608,29 7Q 001114• 3 1 305. 46 20 007243 6 6 3 1 632.45 i74 4 i A§ 30 021444 0 31 982.73 30 011351 37 A01,a1 zo 01iA1c n 31 5§9.15 { } ~$1 635 l 20"001712.4 31 218.17 20 001624 4 31 4,76t.77 0 007853.2 31 429.91 ZO OO7R7R 0 3f 602 49 90S•? 31 776. 6 20 007935 6 31 795.82 20 001981:6 31 499.75 29 146031 2 31 423 33 30- 34 P) 6056) S51 1 20 "q" 3 all 2 -1 31 70- 94 20 ?9 MOOS 4 31 a $3 59 20-008654.4 31 . 455 9 3o-aBioO3"? 3i i3 to 213.p 66 148"'i 31 50 J1 30 ~i1140 6 31 316.41 16 1508039 If 31 i3 .39 221 333440 002704{224^4 ZO?.ZO 307r.90161 •2 31 900.69 3311 0.020166;! 3t 206.101 30-070115 6 it 221.10 0 13$361415•? if {43 to 16 7436193 4 if I5A:73 56 135103.3 71 353,51 3b 656144 4 30 0702020 31 2542.62 30 020705 2 31 765.74 30 020208.4 31 205.20 30 020110 0 31 297.39 pp70214 0 11 319 2~ 30 070220-4 31 254.00, 32 04012.3'9_. _ 31__ .292.22 32.0401620 31 749.98 31 255, 11 13'876119 4 i731i1 Innl 6aFIOP Mg 40471. 1+00 25 10iFi A0 541-RI33 33=b~3i87 3 31 155.91 315 114364 b 3i 316.151 36 1947§a:4 3f - 737',33 ~v"111811.3 3i 713.14 It 2 -005236.0 31 431.12 20 005426.4 31 611.66 20.005483 6 31 490.10 2 6 31 514.73 20 i ?0 004947.7 31 514.20 20000 12.4 31 739.06 20 005520:1 __31515,26, 70:005624.1 3111.41 WiP5 Q~Qy3521,11 , _ lO.) 31 1 BA4,56 M i 31 ~.155.7a 20 5 006 06.1 31 592,07 0~08124S 7 31 ~41f 9 2a0 006090.0 31 205.63 l :006502: p 31 569.95 20-006651.1 71 606.16 20 006706.0__.71 379:95 0:006138-4 31 205,63 99'6098197 31 7Ab,3b 36:6511Fa .5 31 432.14 36 W039-4 if 444.13 26.001{41.7 if 20-00721516 31 360.18 70.007312 4 31 616.60 20.001345.2 31 224.46 20-007435-6 31 441,30 ? pq1 p l 71 ~t'l.1 7 -ppnn7156.4 71 1,216.30 70.1)07711.771"-,-___167.47 70:3q.1o_7716 0 31 598.67 9$ $g~;;~ 3 31 443.5$ 9$1471534 6 31 390 11 20 66155V6' 34 3b5.S3 ib 011514 1 31 1.3Ao.05 167 167,60 ?0 0011109.6 2 11 264.23 22.006147.0 31 611,03 20.000216.4 31 233.40 20-900717.0 31 -7.404-44 9$'00831816 .0 31 . 121.91 ao 00 /9452 4 It 111.44 10 008341.2 91 'Y 382.70 20-000351.6 31 064 1 pqp 0~ tl9.2,,, 31 00.6 2 906391.2 31 236.22 20-008646:p_•_ 31 361 9520 po6117:9 31 196.64 6=664 1 3 If 31a.u~ $=038014•;7 31 IUVI§ 36.605011.3 31 urn 3b~bA33lE 7 if 944.54 20.006031.6 21 569.31 20.008934.3 31 6993.61 20 00p0008935.6 31 6863.87 20.006936.4 31 683.81 { 'Elio 71 15311 Zp p~ 94p 371.93. 36:103505;3- "3i 'IiT:3i 3$=56§60 :11 3} W 61 so 31 . - 63:33 _31 613§a5 ' 9 ?.2090;4 271 236.25 1t2g '0'pp~pppp01~•1 331 1._ 171.42 520-009076011:-41 0- 71 100p 2T 094.0 31 011.53 ~19 43'.3 3f 3314:33' "9So9i03 1 31 94'5.44 3d 113i i31F."43_1819,71O 4 37 413.19 ?0-0022.4 31 999.57 20.009158 0 JI 709.56 70009175.6 31 155.69 20.009119.6 31 131.40 00:2)2-0 , ._01 139.94 _.20:0092.42.0 31 426.12 70.009143._6. 31 _._._244,.444 RU741 1001 nROUp 016 TOM NRR 95. .1`01AL.Of _59~934.90A~__~~___.._,. r w ar.raawwr°41 .~la10 4k}fpYA616F L i 1 A(tf It ACSf1C TAI IFlN 011 1 Itf fit (14 qAYI ACCOUNI NRfl rNhF AMI I)/Ir/~~• lAr nAtr.tl RAI ANCfS fiACfOU1J1 NFlp COhI' AMt ACCOUNT IMP CO" AMI ArrOIPJ7 NRR COOF AMt it 394,19 doi 34 5d bo1§$3-3 31 403.04 20--0001477-7 ~i 2b4.1 70P.de 70 0049q00A99T x 71 667.30 720 005003 a 3' 70-005947.6 31 111 §6 }3:661}};:} 31 116.$3 3b ' b 3i 141.24 0 005860-4 31 123 03 35 004351 1 3t 20.004879.7 31 20005878-4 31 14. 70 CN16)49-p, 31 359,9? 1 -009793 7 31 254,76 1 06 37.71 70 OOBA37 A 3+ 177,76.. . Q 134.19 20-006380.4 $1 ooe197.7 31 3~ 365$$§'6 31 1.59 20-00 6357 7 31 094 . 36 20 .006494,1 , 31 101.91 j3i,s 30:6oblia U 31 20.006344.4 31 114,511 117.95 6472.4 31 421.71 20.006486'0 3i g13,3i 56-6W !Ol;i 31 115.61 20.006949 7 31 .43 31 20-664449-4 X0:006516 31 , 31 20 00694!-2 31 190,96 200068C 36 31 131.50 70 0071 1+7 A 31 50.7-7 70 0068?e 4 3t 19 3666.07 20001 x5 2 31 135.te 20 07033 2 31 Oil.93 Ia.OCt2 4 0~1334 0 3i F53, j1 50-W7516~i 31 1.01 20.0073?4 4 31 g19,9~ 18-16_115:} 31 110,6$ 30 001 10 1143.17 20 007301.6 31 411.07 20:0073e7 6 31 s11l.53 247.41 77.46 1$ 007309 0 71 20,007381 / 31 pOf?99 10 bb73~j~ 6 334. p1 220 061161.4 31 561 ,94 20 007879 6 31 224,30 70 b .81 f pp11 71 7.3 20-001695-6 31 .96 31 3107.9? ?0.OOY569~-7 al.. 137.21 70007514-1 3i 251.7E lii:$7 16.00000 7 ~1 01484 7 001846 4 31 AS 20 001666.1 31 x 12 31 8..63 70 0p01 11 6 31 , 653,66 34•-_ 3,151-54 ;,6 1106519-3 31 204.54 20.008303-0 11 117.20 J 176. 7..... 7 Q O Ogt$a i 3i 110.16 }o 001643 6 31 84,71 2U.008234-0 31 06316.7 31 31 110.66 20 008103-6 31 x16 T9 10.00!37,,0 ~t 179,78 70.006313 7 ? - •I6b:93 30.OOb1c0.1 173.17 ,k 1 I 8424.4. 31 111•++ 20 I lls•.AS 90~0;77- Q6 0 ...._.1';!844.._. ~0-5o~i~a i 31 178184 30.0201644 604164.6 31 3 91.070111-7 3 31 ,.•_$03.58 32,040169•A _.31.,,.. 209.79,_._.. 020?18 4 30 020104 A 9t 177.11 30 900.60lX ' lOlAl AMT 24. AU111 1fN71 ~nnur 037 IOTA1 NRR 53 517.pE 20_00392044 31 4?020..31 31 418.34 2 00a913 2 31 353.74 20;003914.0 31 17 -3,3:667931 1 31 28?.38 o~3511.11 766 0 37 335.64 70.0013764 31 421.56 1 10 0413}61 3 31 313.66 }O~b0J3i8 b 31 793,71 20.004951 .0 31 451.77 20-925629-2 31 1$0.53 ?O 1721113 7 31 723.73 20-004911 2 31 468.83 20-00502f.0- 31 331.2 30-306648 1 11 168.03 20 400,17 20-008325-2 31 437.19 1 QQ0094100 31 ?71,01 20 005810 o 31 164.60 35009$§5 b 3i 3b OUSa~P a 51 0164.§6 }b 009641 5 3t 20 006300 1 31 2fl.i 20.406560.1 31 - ?0 006?5h A 31 114.13 20-006259 6 31 3x7 98 ? 466. e0 70 pOtlfF3 F 31 362.15 20:008469.1- 31 Q~~g ) 71 }63.16 35 obfi3b3 b "3i " - 63.41 20-007350--0 .00b M b 116415& b 3i 331.63 36 To6 114.56 20.007280.4 3 31 1 145.81 p~pj3+ - i$e.~y 149.67 61,12 20-f><)1141 .1 31 117.47 }0.00)737 2 31 246.96 50 0o~6o-a• Wit ~O.p01Isla: 609-2 31 332.39 1316 S °31 419.409 7 007424-1 11 331.76 20-001436-1_ f a0'~q Sdo.3i fb bbll$i d 31 103.60 _ 0068!6 0 31 36.60 607.64 20-001605-2 31 70-3a~b1 x 31 - X33.33 . 70.001!46.0 31 711.85 70.001166 0 31 20-007662 7 71 367.17 70 001961.2 31 182.10 ` 31 975..11 xQ.001651•2 al 8.116.36 10 3 pp7 t4; oo9.5b }0.601116 i 3i }x6.33 20 00ig~i 4 jj } ;139 ISSAS 31 3t - 607J 1 70.009 50 0 0 661e pp 115.} 31 - 33=55ai is i•3 1i 14a 36 20 008 to ? 6 535.26 20000011-9 1 20-007604.0 31 261.911 20 007904 4 71 547. i6 621.455 ?0 0084092 31 562.96 qqQQ 1p~QQ QQl!+I~~- 31 - 4 11 §$5,63 10 6004ia6 =1 31. 624. 9 d 30`a0a131=~ 31 100.6 33 oob 964 118.69 70 IXJ8775 tl 3l 2 :008339 6 3_ _ _985 61 21 . -3311 131.03 ! 622.64 20-00U99 6 31 83318346.. 4 71 006 147'3 33.3063$0'3 31 ;;1' 294.56 40 008708 4 35 363.90 1 51 .53 10Q°00!~Q;~ a 24 491,16.-- .-33615 b 1 3b 006}'~ 3} . 000683 7 31 7 x6 .1 8. 009824.4 11_._.- 120 361, , 4 36 IS0 06 70 008681 7 34 192 t 71 20 2p _ 88p3.a._.31___. 4 pp 909532 4 15 6 1 .43 3b 9314 b 31 5511 3304131.3 31 7Qp 6q_9 31 31 5 o.4p 113 31 464.94 3b 669423 3 91 3$3 I6; 0869116 d1. 421.46 70 009151.0 31 745.91 20 0097?0 4 ?10.97 10.009153.3 31 1 20:0091/1.9 31 3.+ 288 16 23 27 0101?0 4 31, 4+1,02_ 32 040+68.0 +ry~.p~0,150 b 3t 180. AU1N 5001 CROUP 076 60741 NRR 49 WAL AMI 44.642,_16 t~ , 1?/59/PR Wale -Powt-WoNAMN • .rpaMllMwlMwirsNUnw..~w-' 1 1 17/1 nr 14v nN CAVIN-.': AS SfIC I A I I n N rAnF Ii IA, PA1$11 PAI 4Nr.FS OnJ J Ar.COUN' NPR Cnl,r AMT I00014N1 NPP COOF AMI ACCOVNI NPR COOF AMr ArrDONT Nr4P rOr'F AMT 11 3b 1563343 3 if i0,43 36-88439i 6 31 366.33 )6` 564413-i 31 319.10 . M664§96 ri if 390.71 20 005111 2 31 ?12,55 20-005494 0 31 607.511 2D 005526 0 31 575.63 20-00563317 11 3d8.U4 22;55.9-"P 21 673,544 20.005601.2 31 704.60 20.005630.0 21 413.98. „--.,20.005884.4 JI 711.66 .V~ 30.~Q5003108.4 31 AA. bb 16 60-5119 5 31 13§.48 20-6751§i•e 31 619:69 20.00§1990 31 43136 ~ 20 005!19.4 31 399.98 20.005912 4 31 627,19 70-000169-2 31 717.00 20.006230 0 31 353.29 2 pp 82dop 4 31 162.18 20:008706.0 31 360,10 20 00838? a .3/ ST87/ 70-6_9114.0 31 $et./! 38 669393-t i1 936.84 36-00487or3 :it 301:91 38 306-591.6 it 56KI19 36 006764.0 if 346.bi 20.006623 0 31 704.11 20 009839 6 31 721.99 20.00f1915.2 31 384,01 20.006961-2 11 305.59 207 , 1031 -0 1 788.22 244 007081 6 31 64 12 20 001179.2 31 00,16 20-007 179 6 31 376.89 345 11 $ , 357 t4 30 831166 4 31 391.39 A6 661343"d 31 641,16 38 6457331 a it 491.94 j 20-00,263 A 31 894124 10 001281 6 31 162.!!7 20 79-F323.2 31 604.26 20-001414 0 31 434,11 20 097483.2 31 900.39 20 OOF111 8 21 561.86 20 001540 J 71 663.01 20 007561 0 31 100,03 38861106 b )1 5v? LA M 861164.5 31 641.15 96 6391§5 0 31 51.§3 30 06191441 a1 664. i4 20 007119•S 11 !79.91 20 00116! 0 71 310.00 20 007194 0 31 528.41 20.001909 7 it 313.10 29:8918740 31 263.67 24;001011 6 31 34.39 20.001816.4 31 40_.70 20.007679 6 it 1,038.36 31311:5 31 333,19 36 OOMI 6 i1 { 1.13 18 b6Wi- 4 31 380 5e 31.565633 r, ai OA 6A 20,0014013.2 01 153.68 20 008097 0 31 293.05 20-008124-4 31 360.32 20.006155 a 11 319.70 xx4 QQee18S•2 94 197.50 20-098190-0 1 86p 90 20-006221-2 .4 31 _ M$64 24 2U-MO285-2 31 180.12 3$"$$84i3~3 if 454.81 56:0614151 9 r 43'4.39 20-oo90A 663a ii 3o1.6S 30 668!46 o 31 364.43 4 63 - 20.008930 0 11 239.71 20 008151-2 31 +,122.71 20 008189.0 31 383.56 20 0060!7-6 31 0p8p09012-4 31 1,236. 6 20 008985.2 31 371,11 2 0 008990.0,_,31 438,21 20-009020-4 '"414.§9 30.60§376 9 1i' 404.83 $"6843 4 3' 54 744, 4 36 Nnal71 d 31 413.65 30 659724.0 IV in 020114 0 11 727 24 AIVII M01 r1l"OP 030 tO1AL NPR 09 tOTAL AMT 46,12e.92 1 20-003263'6 11 316.51 20 003999 6 31 470.58 20-004029.6 31 260.30 20-004106-0 31 395 61 ! 24 0011 4Q ! 31 33g,46 20,o1~4759 0 it 361.!3 20-004362-0_.31. 429.73 20;204376.4 31 347.69 30 03113A'A 31 711.31 38 664494 t ii 433.3} 36-004411.9 31 951,i! 3n•004134.5 it 344.4§ 10 Oo41o1-2 34 781.01 20.004832 4 31 409.11 20-00d860-4 31 330.11 20.004909 2 31 264,26 29 qt1 44~938.8g 31 578.03 _ 20:004996 4 31 351,35 20.005.243-! 31145.90p 2,0. 276-4 31 1,029.21 1$ 065389 3 31 4i8.i1 30-0034i3 1 it ARM Wb66§4196 " 31 618:44 345 865669 3 if 343 65 20-00580614 31 499.73 20 00573712 11 443135 20.005809.2 51 530.45 70.006821.2 31 494.84 gg 0p0p6~94272 31 46fIO 2 005952.4 31- 496.5} 20:0068p66„ 71 .112.41 20:qp6124.1 31_ 591.32 3$ 688137.'6 i1 994.1 1$ 866496-o 31 4i4.a~l 38 ~obii3 if 3at:i1 38.661131'•3 3i - 316.31 10 006220.4 31 460.58 20.006265 7 31 681,15 20.000274-0 31 460.71 20.0069,15-6 31 411,71 1 -ppqo~~7i'1 31 1! 20 009346 0 I,__" 503.96 20-006446:0 _.31 _ 371.93 20.OOoS'12.0 31__- .382.50 3$ bb6 111 4 " it 3~3. ~ . 33'586638 0 i 738.31 33 bbd133.1 31 3111,64 I5166611)_3 3i 339.639 20;1306994.0 It 480.33 20-007049 2 31 338.06 20.007164.4 31 475.40 20.007245-2 31 451.09 0:p8 34q: 1 471.8 20 007329.2 J1.._ ,._533. 2.11 20.001348.4. t_ S92.SS 20.40_7401.6 31 413.29 16 MAMA, 9 9{ 339.31 38 53153? 8 3i 673 36`-661348.4 4 IYi9:79 3d 661536 f5 ii 433.6$ 20-I$04.4 31 394.21 20 001119.2 21 388.21 20.001186.0 21 659.64 20.60607808.4 at 411.20 2 611 0.... 400,54 2g--,2071132.4 31• 35p,/7 008 31 .__.738.5 7$ 29.,0r 88 1 ~ ' 62.p11 - I8- 016 d -~i1.3a 3$=666643:4 -31366.38 I$:bba7°e:$ 31- X43.6 ~-88113{h I If 73 zpp 0p.90 20.0p0p1940./ 31 442.009p 20-008842.0 31 400p1./1 20•p0p08pee/1.6 31 601.70 ` 'Jb 4T' 3o1.dt 3$ o ~:7 ~J~____3?1;47_.-_ 545:ooi68•1 it JIM 30 $ S792a=l 31 430.99 . I$, =a3bi 2t•03016Y-? of 384.10 30-020193-8 31 318.90 32.040107.6 31 333.23 32.040110.0 31 14e,0'.! ~Y Q,R0112.4 11 1'1.1.3!9 12.040113.2 ..,,71_, .451.19.. 32.040449-6 31 441.26 12.040134.0 It _,.298,.49 12~ 1!3.189 i. M{i4~rwIMrIMMMM~+NMrM•,..,..,».. .-,...,_..y......,...r...nv.,..Y,.,:.„wvke ..m..a .is.~~.., ~.•^~wq.AkU44i~1r46, rr r In~~., a,•, hFN10N SAVINO~ ASSOCIATION rAOE 1R IAx RAIf11 PALANUS 071 A CCOIINT lJRR 1'OIY AMI ACCOIJNT NCR CODE AMI ACIOUNI NRR COOS AMT ACCOUNT NRR COOS AMT ;13;670133 8 31 00.33 33 6761ib o 3i 1146.91 %i lidoiii•F 34 %16.$3 33'676184-~ at d"s6,64 37'04tl19A'0 ^1 44$t. 4n 32 MOIaO A 1r 103.11 AUIII 1001 r,ROUr 040 TOM, NAP OR TOTAL AMI A1, 2RR. 59~.M~ 1 20.003599.6 31 281.40 20 004459 0 81 490.91 20 00472:, 6 31 727,45 70.004817'7 11 757.13 6 6Z q 31 764.65 20-.006483 6 31 639.75 70 1X71074.4 31 168,33.,. 20 007053.2 31 9,673,74 486.. 104 1 30: 1 39 3 3I 4i§.86 30 a~i3ii1 0 3t 363,38 30'001944:4 31 3011:'77 33 66112 4 31 20 007065-7 3i 406,60 70008011 7 it 238,19 70 009118.4 31 1,853.,10 20 OOPt12 4 31 407.95 28pe265•b 426.61 2J po6380 4 31 437, 2p 70-006490-0 31 3,ee377 20.008670 0 it 420.62 c 314'p3019311.4 3} 39i.1u 36 3611643 A 3i 343.114 20 001677 3 31 3$ A 16-66111, 2 9i W is4 20.00001V 0 1' 791.95 20 009019 6 21 29r.9S 20 008680-4 31 291.96 20-006661 7 31 70.95 2Q pg60p .0 31 291.95, 20;008605 2 31 791.95 20-008696:4 31 791.95 70-,006690 0 31 1 .18 70, 114 fb=06dd9 11 31 ~..93I.95 36.0661144 7 31 341.69 X0.666641.3 31 341.65 30 6614410 0 34 1,86544 50 006950 0 31 ,179,1!9.749 ! 70 008054 O 31 71105.63 20.00695!-2 21 703.74 72 008005 7 31 347.34 i { Q QQ 89G 0 31 282.36 20.026969'2 31 313,10 20.008967:6 31353 20.00901 16 31 861,66 13bb360 7 31 4111.43 10:004641 0 31 367 33 30'004096.0 31 313.31 70.00€034'0 if 317.81 J. 20•,009061.2 31 312148 20.009066 4 31 173,73 20.009076.0 31 342.56 20-009086.0 it 369.4S 03 20.009095.8 31 62.67 10:009101-6 31 651.38 IS- QQ0p0oppg0 t~ . 15 20:009097 2 31 60 _ - 3t 3 . 4 - 30 009134-4 #33.4 10$!13 t 331 i HO 259 .71 30.606433 4 31 363. 46 72. 009M. 4 3 7 ~ i p0.OQ9};7 8 3'. 113.49 70 009170. 4 31 289 47 70-009131.6 31 1 1333.44 9 20-009134 0 0 31 789.41 47 20.009143:8_,_31 21 .61 28-009144 4 31 310.51 19 10.0001.2 331 1 3431310..460 61 2070.00900911 462 90 4 0 3 3i 1 337525.37 20.009193.7 31 ..399..17 23 MUM 0 0091QR a 31 1731.5§ q0"0091999 6 31 018.03 70'009:02-0 31 $23,30. 20.000206.-1__31__ 380.4,2 20.0092115 11 73.41 76 1.743:13 1 31 !411.711 ' { Jlllft4 mini I:,inur 841 761Al field 6t 4340.E iii b3;kd . . 33 :JTF'7 31" 336 96 3b-667376'7 31 191:76 3"o=o3i3~o't '1~9T3:~3 3b 363Fi3 i ai SoT;ii 20•tJOSS60.4 31 752.31 70.005899-4 31 673.39 20.001923.6 31 692.43 20-006039-6 31 1IM S5 2p-p~q 1ag 1 144,00 Zq-006549'2 31_-•_1,45.1.te 20.006899.8-_ 31 177,76 20.006915.6 31 531.16 3ti-6t7d670 Q 8 # 334;31 33:661631'6 34 473:36 36.6'19113.3 31 idi:71 36 669384.6 3i 101.04 aaap`OpUq727e o 3+ 896.46 231 207791 s 31 1,2c7.1e 20-007292.4 31 91540.58 20.007410 0 31 716,65 •I 1 0-117t, 5. 24:007434'0 31._. 166e 72 20-001414.031 00 20-oott~~7402.0 39 371q,25 l3~ 7116,1 31 117.13 30 361436 1 31 461,61 36=669311=3 31 73.03 33=3391179.3 31 iba.Yb 20.007666.4 31 11605.09 20.001708.4 31 8916e 20.001783-6 31 310.26 20.007906.4 39 740.07 pp pp4Q ppSe'131 _142. . 6._" 20 0084q07-p 31 _ 282.5420:~008091• 31- 243.20 20-888$54.0 31 7p.po 4711,33 b'bb 7i! 6 31 7111 " 36=681633 7 3i 165.14 io 6111633= 31 3,636.89 13.366681'6 31 ';j 2tJ 000036.4 31 4,380..26 70.000166.0 31 221.11 20-009221.2 31 444.09 1,1-00925516 31 209.47 ,I Qppp 3376 6 31„" 1.074g Al 0:90.9260.4 31 95.20p 20_009300:4_-,31 290.65. 20-009314.0 it ,19.10 D"869 J17.9 `31 11.19 16626199$•9 31 198A 33--046161 3 31 141.86 '1 7UT?i 1634 616UP 643_. TWA FM " 61 ' tS971- WT `"3b;14i.ddj~t I 12/10./BR i 2 p R is , A 0 ' u CITY of DENTON DENTON, TsxAd Tom March 2, 1987 TO: Mayor and Members of City Council ,r FROM: Victor Schneider, Tax Technician THRU: W. Jay Anderson, Controller SUBJECT: Approval of Tax Refund for One Oak Place, Ltd. RECOMMENDATION: Tax Technician recommends that tax refund be issued. SUMMARY: Chapter 31, P,~ction 11 of the Texas Property Tax Code re- quires the approval of the governing body of the taxing r: unit for refunds in excess of $500,00, Taxpayer, One Oak Place, Ltd. is due a refund of!$1;180.35 as a result JS the Denton Central Appraisal District's supplemental roll #3 dated January 8, 1987. F BACKGROUND: j ~A fY 1986 taxes due on account number 0430-00100 were $17,262.62 which were pair' on December 10, 1986. In January, 1987 DCAD notified us of a change on this account which creates an overpayment of $1,180.35. Section 26.15 of the Texas Property Tax code states that if a correction of the tax roll decreases the tax liability of a property owner after he has paid the tax, the taxing unit shall refund to the r f property owner the difference between the tax paid and the tax legally due. v FISCAL IMPACT: $1,180.35 to be refunded. Respectfully submitted, V c or c eider ;t! W. Jay a son t. Controll r t > VS:GD:gd ^ ~,.,~y...-..,...-..._..........:r.~s orw. ,,......:r nr.. r...,sPnNn Ib.n..4x xr i. x,. , i. ,.,rldµJ~ r. ~ r "..i r SUPPLEIIENtAL ROLL 03 OENTUN C T (COS} 191XIAP DI/0:/I7 12150Pn PAGE 20 YEAR PROPERTY TAX ROIL for, - - ElfYAWES I/Jl ~uG OWNER NAME RE PROPEATV DESCRIPTION TYPE YPA ...AMOUNT AMOUNT A206 (15531) , AAoo* CURRENT VALUES +r +A AL !21000500 COLLECEO LUCK 34, LOT 2 R25 1 EIS r+ ED NNS ! 11r83D 101AL i P.00 NTI+, D! 3r ACRE 0.3260 S/311///C NHS f 16,626 C/0 RCROVE PUCHALSKI A 096 'S[D f 0 SOX 13 1 STATION SITUSI 1719 P HICKURY AA f 0 DENTON/ T% ENTIllm GOIo Sr COS -F41 ~ u A PREVIOU VALUES 6UPP CODES CnA E SESSED 6 S8r650~ APPLIED EXEU DAXABLE 6 SIr656.r+r+ G N O LOSS ++uA ✓ d~ AXABLE 1 •50 S6 r.r. I...... .r..................... . 131150 (28011) ( r.r+A CURRENT LUES +Aru LOCAL IDI 7200.00400 0996A E. PUCHALSKLr TRACT 2940 EAEn~1 lANO NHS f 1501161 TO U L 1A% 60.00 TW R [1 0,144, 3/3003 ,Ur~'IOPA NHS 1 2901171 JOHN HAROROVE 51 $1 904 Ave D ~fi7CLy ASSEIlED f 0 7 OX U761 f1~ a IIIA%Aelc 6 0 OENI_ 1% 76203 EMIT SI G91r $050 Cos /rc SUPP COD C • CHANGE Al +ul++ PREVIOUS VALUES +u EXEKPI PRO RTY SEISED 6 410163 ,TOTAL EX 1 0 TAXABLE f 44r163 **AN* GAIN 0 LOSS ++rrr AXASLE f •41,863 I ++++A CURR[NI VALUES AuAa u.r.u•' HERIIAGE'UAASr•1LOCK 1 6 20 ACRES 6,9900 tr2/135/NAB bit LAND NH3 6 689,019 10TA1 TAX 6160082,21 INPR NHS !100101720 31195 2700 N LOCUST lSE1SE0 6207290109 f/7sr~ lA%ABLE 62/725x609 EMITIE11 Cpl0 lOSr C05 /Nc 1 r+rrA PREVIOUS YAWEri AArr MOIST ~ASlE66ED 120925016, f . Ye TOIAI EA 6 0 TA%A1l[ 620925#667 Ar+A+ CAIN 0 LOSS *onto TAXABLE f -20000S1 +,•••Y.•.• .•.•....,I...••..r..• •I...Ii11.....♦ ..r.r.rl.r•.r....r.• ............•1•...• \0*640 7e16S) 1\7-' +++r+ PREVIOU VIBCAL 101 1NgS3NLS1 PERSONA PROPERTY c A3DIAL 316S\a 11000 114 E DAVIS PRIVATE CLU6 RE1E LODGE 6E/ECCA LOOLOCATIONI :!IS(CC4 L GE '~fjv 'SEb7ONr 11 I1TJ/t AEBECf4 LOOG[ GAIN U L•1,000 COOEI DELETE DELETE o. EXEMPTED Ni 1S 4R1 . r...r • • r.... _.,,„.s. ....•..«w..a.Wr": wIY:'YiAYA77+Pir" 'r l i y MAIL! CHECK! PAYABLE TOr CITY Of DENTON TAR OEPAill I 2 ~ f ACCOUNT NUMBER TAX YR. 7 0410-00100 1986 NAME c ONE OAK PLACE DENiC•~ , rAX oue t '1 • Cr 17.262.62 Y a PENALrr •00 OTAL ~F•Q~p C 17.242.6 " It n a Yb6F~L~rQCELLEDCHECK It G •S YOUR RECEIPT r I I! rY o~~' PLEASE RETURN TMIS STUB WITH PAYMENT yK t 4 . r't 1 i n ~ " n l t r t'7 s ;t r z3` , r J ~ ~ lid, Ive 4r ~ L ' ii 7 %3? r . 3 I . r St . • t. r I DATE: 04/00/8'1 i CITY COUNCIL REPORT FObMAT f M TO: M-jyor r.nd Flembers of the City Councj; FROM: Lloyd Harrell, City Manager SUBJECT: APPROVAL OF: PRELIMINARY PLAT OF THE BEATY ADDITIONt LOT if i BLACK 1: PRELIMINARY PLAT OF THE GRACE TEMPLE BAPTIST CHURCH AD'_ITIONj .,OT l# BLOCK 1: PRELIMINARY AND FINAL REPLATS OF THE W. J. WHEELER ADDITIONS PART OF LOTS 14 AND 15 nJ RECOMMENDATION: The Plannirg and Zoning commission recommends approval of the above referenced plate and replate. SUMMARY: ' T "r 1 , ,Fy k- Proposals in the order listed above Aro: Office redevelopment on } y property located at the northwest comer of W. Oak and Carrol) Boulevard1 Parking and facility improvements for property belonging to Grace Te.nFle Baptist ChurchI Remodeling of a frame structure i } r s3 formerly used for Bay City Seafood adjacent and west of N. Locust t.' 1ltf approximately 200 feet South of Cniversity Drive. , s BACKGROUND: Not applicable. pROGRAM9r DEPARTFIEUTS OR GROUPS_AFPECTED: Property owners. :FISCAL IMPACT: Undetermined. qh~ Respp.ct y submitted: Lloyd rrell Prepared bye Ci.,y Manager 5 r/ IO.G ~ b i,N ark 1F• v r David Ellison 'w senior planner App Ved: n k~; e ~ a Jeff N a 4 Director of P1ann ng and Development q A' 2201g/2 ,X1 k ry . t♦ , : 111`` d n,p t I r ! 7 pl CI1Y COUNCIL AGENDA SACK-UP SUMMARY SHEET MEETING DATE: April 9, 1987 SUBJECT: Approval of the Preliminary Plat of the Beaty Addition, Lot 1, Block 1 SUMMARY: This 0.47 acre tract is to-atea at the northwest corner of Carroll Boulevard and West Oak Street. The property is currently toned multi-family (MF-1); however, the owner is seeking a zoning change to pla:lned development (PD) and office development is anticipated. ^ City services including water, gas, sanitary sewer, telephone, eiectrical, and solid waste are available. No street improvements are t' required and a new sidewalk will he installed on Carroll Boulevard. iKr The plat conforms to the minimsm requirements of the Subdivision and Land Development kegulations. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends a } approval of the preliminary plat of the Beaty Addition, Lot 1, Block 1. ALTERNATIVE: Approval F' ATTACHMENT: Reduced plat ~i ° MFG a C + i { P a r! b F a r ' ? 22015 ,f r , ax . . ...;..e Ana. 1 , m o~ r~ ;I .I. 1 ' I 1 ~ r 20' • . ~ ~warlra ww nu rv ns....: ~ ~ i IAt Illf /J Nl .x., x...x,.~. a r. x.r xn. ruin ,Ix,+ ►'~l •~e. .109 1 .m. n..rl. ux xq xw , {(L rx, M, Iwn.If IW. M Y•r nl~+.w.. s. Q ` ~ Y. •Iwrpu,~i .Yx.x Y4. M,.n nl~•lVn'.W f ca ^ ~ ~n. i\i, Iti~ wl xw u..n x.., r w en r Yxt J Mw M ~ .w n -7~ I j G j ~ • .n~~li\.u ueuli 1. IH~ ARV ~ ~ • •1. II. ~.Yfxx.M1Wl.n //I /i//..%i / ~ ~ , I • f , w...ul ran ~'y I II / I • n n ~..w1.. IwMb \Y. I i . ~ .1. , x-m.^.m.+....x.u rw,xar:i•ni ...I iy I 1 n: r ryu •w.rr ..~..Y7. I~Y I I A 711 I. "~•r c W Qaltr64 fit..., PRELIMINARY PLAT ' .x: ' LOT, 1 6LOCK, $EATY !Abplt(ON I - MEN : Cllr! `'9EA~TX lot 514 A to ' DCNTON 7E~U19 M ,i f t 9 ~ 1 . `n ute tJly'eo i Oc BURKE ~f t ~EER1H6. CARROLL-OAK OFFICE BUILDING >©1 ~cwinK~ x, ' { Ors' e. t Ioe D I MR. It Of., "110 ISM Ill$- $714 y ~ rx..x.\,.y.aw .erruwY;l ~.*W...w k,lro.-,..,.,. . ...:K . •x.... n.k. euP4'N .k1raJ4.Ady~Q,a: i CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: April 9, 1987 GUBJECT: Consider approval of the preliminary plat of Grace Temple Baptist Church Addition, Lot 1, it. Block 1 j SUMMARY: This is a 2.709 acre parcel zoned two family [ (2F). Grace Temple Baptist Church has acquired . additional property in the area of its existing facilities north of West Oak between Ponder and Fulton Streets. The church has immediate and future plans for development of additional II parking and buildings. This plat and subsequent plats/replats are required before building y> permits are issued. construction of additional 11 parking is expected first. ' Several existing r.esidentes and structures are located on the property being platted. it is , staffa^ under::tanding that buildings will be removed in phases and income producing properties will remain in place as long as t possible. " rt.y The church has requested abandonment and 4 F l 'quitclaim of Gregg street, a residential street that bisects their property and located along SKr' ' the southern boundary of the property being r w platted. Staff anticipates scheduling the abandonment request for April 8 Planning and Zoning commission action. All perimeter public streets are improved. An off site drainage system (pipes and inlets) will be built downstream. Existing 121, water on ' Fulton has adequate capacity. Existing 9" water on Fulton does not have capacity, therefore, any to be from the 12" line or the w new line taps must upgraded. Existing 8 + sewar on Ponder is adequate. All other public facilities ate in place or available for extension. t M w Grace Temple Baptist Church Addition April 9, 1987 Page 2 ACTION REQUIRED: Apprcval of the preliminary plat. t RECOMMENDATION: ah r Panning and Zoning Commission recommends ALTERNATIVE: Approval of preliminary plat. ATTACHKENT: Reduced plat. David Ellison °V Senior Planner ~ 4y I 4~ s I ^~i I 1 ' 1 ~I 3 I ' .r 4 ~t ~M t•4 1 4^ _ ~i f ~ 1 1 Q4 1111 ~~}Y_ rf,F la 1 1 s 0349k/4 C 4. '?b i 3 1. t i 1 x 1 ' k4 J f r r ~L A ` ,■..w. a ~ ------w / wn,fe 1e.a 1x Isnw w a r s w r ■ ■ s■ i n 1 ti~ OM Al E R - y,.. rrn \ xr " i0'I r" fr ' ' tid 6PaCE TLWLE 1AP1I7T CMJiCH y r 1, 1 ^ 1101 WEST OAK SiPEET tid, 1 V • 1 i ~1 OEHtOK PHTEXAS ONE 76701 r a i dy~• i 117/307-6137 ' YoM11~1 • 1 F ~ri11 TlY,N .P !0 AVEM' of r AYENIIEI ' l Lm [ I LOT [ M- !OxINO N.N. KOYN~i K00fTSaN LOCATION VOL, 1!, Fa• us 0.e. N A P NETROPLE% ENOINEEPINO CORPORATION 04141014 nmtl 1 0p 01~ 111aan.l~u a,x all rn■ ww +orrn5~'rer Il ~[i. l'11i[ 4rt"clil ~'ot'i+~'oli nas• CH Fu► le V>rH ran to M'`{^t„M, ru 1MK SfNPL! 1APTIIT C1M1CN ADOSISON i IOn . 'r0 1.111.1 FLOOONIIx fiIdWL7101 LOT f/ILOGK 1 J~ IIMn LIM M 1 101 Kt11! CYlf11 ■INl7 14m i ~7nl.ll llr/ etl'wm N, ~My~.r~lr ~■IwfM U M [ PL Rr yerrr rr ■ N■ r.. 1111MM un1 n1■t, • 01 . OMIT 1a p. w i1u 3 Iw o1u■ ~yLL !C L1 G41! M W. h'•. 1i IrMr:n1 wr',a.. Y1rf'r''a.i~"~ o[M[0 ..016 1• SO• b F[! 17 684823 C1n 111 UM ~y ~ `r D .eCgjVW !j m ~ C R SJ 1; r^ ~3.W - IFYi41w.i0tldu+'r.eaaw rA~'■•'r._...-.•..^_.-- - ti I 1;~ .311 1 l 1 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET I , MEETING DATE: April 9, 1987 SUBJECT: Consider approval of the preliminary and final 3 replat of the W. J. Wheeler Addition, Lots 14, and 15 y SUMMARY: This property is located adjacent and west of North Locust Street approximately 175 feet south of university Drive. The tract is 0.44 acres in size. A brick two story residence and a separate ` frame structure that was once the site of Bay City seafood is located on the property. Tho o-, purpose of the replat is to remove a property line between lots 14 and 15. Approximately i. 1,500 square feet of area will be added to the ` axisting frame structure anJ the Don Barnes r Photography Studio will be moved to the site. All public facilities are in place and adequate. ACTION REQUIRED: Approval of preliminary and final replat t' RECOMMENDATION: The Planning and Zoning recommends approval. 1 ALTERNATIVE: Approval z'1 ] ATTACHMENT: Reduced plate ~P1 [ s \ ~ elf = David Ellison Senior Planner V~-' s 0S48k/2 [I : 0 t A I I '1~ ~~ltto.e r..zna '1W~ N .lorrylr ' 'r I fa.'o BAR ~ sMi7r !,R r LOT 1441 - If wAf • Jar rnu, v. ~ JJJ .y. L or t r 1 00. of N>a' PRE"LUNAAY REPLAT Of vR t WHEELEg ~ ADDITION ' t 4 A i LK ► Oppi TY OP IN THE CITY ka DEMON TE*s . r r , 4 O.+sV i1 M i .+{er! oTM ,i OWNER. i~ ~ af'"u `r ►uy DON 8AWkil d m~f j 525 N. ELAN I DENTON t 'arY! A 1 Ttx" ?620 yy ~,wwrg, Oc BURKE ENGINEERING >o WHEELER ADDITION 417 c Loou . i'" io{ n /ue bT >k'~A° . * Ir . . DlwiON! TLIf~{ 1{!QI 1fl'I {N- {T}1 '3i , ~j .~1~.~ T y,~ + ~.,~7 is, . .<..y:a. w~q a:wr 4' JJ tfAa. ~IM~V.+MId~1wl.wrnv..Yr✓+.`w'+n.w.~~ :A ,as W I UII. RNt N IbM f taRtl N INIw I Im"M, IOYY L 1Wq ,N N4M1] 1. NMl ^t .11 INI • ntbb Vwl A INI tl..IN N IN I. LI. " b LI1rM Cw 0-`N t 11. I~ Ntl.vl MF•C +N IN V.ly Mrt N YI I, M +1 N l4 Y. .1.1 Iw IIiNN 1. tWWlfi M"S ld ICN N.M. rN.14.11M"I .,UI. I. Murt" 1. IY .N 1.. M1C f.r1n b w1 I IN " • I t.IMIC /C/ lI MrUI. x ..Ir trmlr, f. M lw. I MIN wCININ ti 1. P-4111r FINN n .I It lM MfM U.1 YIy .^CC Mllnl.lj N.C..1 CI 1^14:wr iNrl..I..M r. x NI L,`. IM n^t Ilr N 4r\ 'r , IRw M1I M N`IN IN _ 1.r.1 IN~, ^ ItIoCI I.H II lI W 11. x .Y 111M .1.14 IM .4.wM urvr rl 1M If M N^U.Iy.+M.N.v... MIT Wd IInN.N uo.4. Y It IM lt7 M~► IM4r II.MfFN.1WM.trMtw.CNMI nr1.1.1r.1..- N NMt MIM Y W M f.. Yry Inlw YIU. 4 h.. 1•.•1. YI!.. n.i W 1. \Ir .M M1I..11 N W ►N W.YI r• .d M ra1M . N .IIM n lla• 11 L.M. ►U ill 1. Ins. 11. 4 11. .41 Yll.r fi.l 1 t1.1.F. N IN.N IM Y r Irr.. f..1 .1 IN wF.- ...N Y.IMx twM r W .u rr.. A.n V.S. NWY ,so (UNIYERSftY DRIVE) ' r~Yrr. Ur~w.w I V .1. YI.Wi~.w.t Y IN.x fw1`Y N w.. .Y M Y W ...y1N b.Y tl. f IY YI. Y1 1. N IN Iw111 ..Ip. x . ..I,..1%, 1. W III,., C"r./ W M. U., W.I, fYnU \r1Y tl \,r... N CM.. M IF.r u..1., W M. Mr .f 11 .11 Nd . 1W. IN. [.....I f ` . FUtl a IMlr.lw .N.rI.IV Lwt1`.1 r r^ ,f I~I 11'.. YM1 1 Iar f.lulw. "A, r n nut nxtltU Ll. IPUII L mon :.4 WM M T. Iclwf. h ~IW Y.. , M t N.N w.NiY 1 xryllV 1. Yrnl..1%A 1.Iww..r11 IF .1.. a Ir . .1 . N M. NMNI,,, ANINI I. IN, Ny Iwlw1.1 I IN W.N MIM4 11. INI I. `I1r W I..w`I I. Hl.l rl,ln.-N+M M Nll. al .nl t •tl/i/i t Ito .AN ' s, ..w1 M^.. f.Iw. ! .w4 111 fir, hk.,Nrl .e ~ ~ ~ ~ 1i1~•I ~ '.t' r"N flr fl QIJS At oa °iywe'r.-pmir- I IN. IN Moow 210 ° ,1, Ntw ntalNNlNWYtk Ir1MuM ~J N Ntnm1 ,t, . • ■ 11'N'1t" ° { MAN, JF d It ft? 1. CCYM 1. Itll. \01r1.t rill. Nuts. A. FmN r Nlr IY1 I., Yw'^l NI.- 4N M 1..1 I.. 0 O 11.1 .N MrNN IN. N .1r1 nl .r..N , r, 4.w1I Ilsw Y.I....mn I:.^/ . rIM1 .M'. w ..M IN IM w p.n.IM . I.M. HW 1.1 <..I N tM M N.1.INn11. 1. MIN... C. I C MO' Y. MIF uN M° 11 1 .11M. I 1 a it Ot ~ la i n.x r low pal ft ttr l RE PLAT MIT V noel PART OF LOTS 14 6 15 Now N. IN rl.r.l(wt M.er Nt I. I. M M I. 11x1 N SMI. N II NII M IN r,0I.I1W IYYr. "two .N M W N.Y N M.. N AS LOT 14 R Ix, tY1r+U r/..N MIi.IN.1.N1. .11 ..~...N.1+1...M ..N Y.YMf. W. a WHEELER ADDITION tM.V ..N YW t .NI.IM Y 1y 1.4.1 W.n..M M ..14r1 N.M I.IIy r... I. . M..rtM N W n..014 141.wN W YIw.ININ r WI Y/ .Y I,MI.I IM .r. AI I. _F...N ..Y.MIIYI IYN• Y w INl .CIF. xNMN IY 1.1 M,N tMIYIN. .M 1Ir I.I.• CITY OF DE NTON N.y.IM. ,N W IMNIq 1.nN ILLi1 1. nlnua. M N W ...III ItMF M wu N taMa MAL r ttllr NN YIr U tan"M'n amen" If win nu NIr H DENTON GOII NTYI TEKA6 I M. 6. /I 901.1 101101 ° a A lHtl11 t1 .uM INIMU1N Nx.NfrN w1.. bill hW n.. N fn. II 1u1v171°/ I O , D O N 111 q 9.1.1. 1" NO, all+lnlr egNM1 Fn..1.ti la. ItOf ,M+.101 11111101 .M ' ....-............F..a r~wFF.~a.r.ar..w,w.s4«vaN.+rY:WCL'Lr,~Y.vM4-rnMl'a,~rrv.,...........,..... ~ F' t l . i 0923L 3 ~ c i E NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. IYHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended ttat the herein described bids are the r' lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; ` and WHEREAS, the City Council has pprovided in the City Budget for the appropriation of funds to be used for the purchase of '..1 the materials, equipment, supplies or services approved and „ x accepted herein; NOW, THEREFORE, ' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. VA a r, Thit the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM i NUMBER NO. VENDOR AMOUNT 1 41 ` 9715 ALL CREATIVE ROOFING S 27.600.00 T INS SUPPLY 10.069.00 9715 E LP Y 34,25544..0000 KAYLOR w a : Oy77 -xw CLAYTON INDUSTRIES 1L lS__ a 2. ASSOCIATED BATTERY SUPPLY CO. 12.00010 ALL TRINITY TURF _ 12,MO.QQ_ r ;,s SECTION II. That by the acceptance and approval of the above numbered ' items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to 1 r k • 1.1 CONTINUATION SECTION I. _ VENDOR AMOUNT 310 NUMBER ITEM NO. 9736 ALL OOtiIER GMC s 1__ _ 5 * 621.000 3 n a' ' r~ r , r s any b 14 4L c ..r~ r p ,ray '~c„ , , , ~ .h '7;3 T1.~Ib f.~~ - y . r ~ P yy,r 1 Y t) n r S r41 it w •r..~y r x y Jr fit. I; purchase the materials, e; n.at, supplies or services in accordance with the terms, cifications, standards quantities and for the specified sums rained in the Bid Invitations, Bid j Proposals, ani related documents. SECTION III. That should the City and persons submitting approved and ' accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums ti contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. r That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written a contract made pursuant thereto as authorized herein. x v' SECTION V. That this ordinance shall become effective immediately upon Its passage and approval. t ` PASSED AND APPROVED this 7 day of APRIL , 1487. u~ • {w A 11 iV AY TE HEN , ! Af0 tR CITY OF DENTON, TEXAS ATTEST: a w ' CIIO MRS, i ExpSCITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO : 'i A.: : i DATE: April 7, 1987 CITY COUNCIL REPORT 9f ` TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager l E SUBJECT: BIOI 9715 RE-ROOF POLICE STATION RECOIVENOATION: We recommend this bid be awarded to the lowest responsible bidder, Creative Roofing in the amount of $27,60).00. { j SUMMARY: This bid to re-roof thr Police Station is to prevent further ;l damage due to a very leaky roof. The bid of Creative Roofing includes the removal of the red clay tile, repairing of the roof and gutters and the replace- ment of the clay tiles back to the original style. n'r 1 F '1 y " BACKGROUND: Tabulation sheet ; " PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED_ ' x Police Deaprtment and Building Maintenance Operations r i .'7 a FISCAL I11PACT: 1986/87 Budget Funds for Building Maintenance _ $176850.00 eV'14 1986/87 Budget Funds for Special Proiects 9,750.00 w' $27,600.00 Respectf y submitted: 1 s} Lloyd Harrell city Hanager ` r P spared by., . ^ Names Tom 0. Shaw, C.P,M. Title: Assistant Purchasing Agent Approved: i.I Mrcha arshal l, C.P.M. itlsing Agent 1 I i I I 1 1 11D ( P715 I PlFM 1NEAIHERBIJUD 1 CASIFD I EEL- I EFEATIVE I I BID TITLE PE-POOF POLICE STAIIDM I EDNI"EACIAL I INC- I ROOFINO I FDOFINS I PCDFIN6 I I PENEI 2114117 7100 P. M. I ROUSE. I 1 i I I I ACCOUNII I INC. I I I I 1 1 I I I I I I -I------------- 1-----•-•--•--i 1' PT'f 1 IIEN DWIFIION I VENDOR I VHIDCR I VENW I VENDOR I VENDCM I VENOM I ---I .............I------------- I' ; ! I I I I I I I I I 1 1 S I 1 I Ir I 1S IAE400F POLICE STATION 1 10,471.11 1 72,201.11 t 21,179,61 1 6,611.00 ; 27,611.If 1 I t 1 I 1 I 1 I I I IADDENDUP I i I 5,111.11 1 1 91673.26 1 1 1 I 1 1 I I I I I 1 i I I S I 1 I 1 1 ' ~I I l I I I I 1 I 1 1 I I 1 FLASHING OF 1 1 I 1 ( I 1 I I W AL ONLY I i i I _ I I I I I I ".1 { 1 1 I I 1 I _ _....._........•...r.w.~..1w~--•- _ . _ e., new -IU~/iYw hw.r-.rvlr.w' ' t Y i DATE: April 7, 1987 CITY COUNCIL REPORT T0; Mayor and Mc;,,bers of the City Council i FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID# 9716 CAPACITORS f i RECOiR'IENDATION: We recommend this bid be awarded to the lowest responsible bidder for each item. ITEM 1 to CUMMINS SUPPLY in the amount of $10,069.00 ITEM 2 to PRIESTER SUPPLY in the amount of $34,254.00 Total bid award is $44,323.00. SUMIMRY: This bid is for the purchase of one padmount capacitor b. bank tem 41) and eleven capacitor banks rack mounted (Item !2). The pad I x, mount unit is for underground electric distribution and the rack mounted units ~,v are for overhead electric cistribution. These units are to be used in the maintenance and new construction of the electrical distribution system. BACKGROUND: Tabulation sheet ROGRAIIS, DEPARTWTS OR GROUPS AFFECTED: t a E Electric Distribution - Utility FISCAL IMPACT: 1986197 Budget Funds - Electric Utility Capital Improvements . Account d 611-008-0252-9222 111 "j Respectful y submitted: 11 rt ti . } x Lloyd Merrell City Manager repared by, Name' Tom D. Shaw, C. P.M. Title: Assistant Purchasing Agent Approved: } *J!o hn J. M arshall, C.?,M. Purchasing Agent !!,ayy-ww f 4~~x I i i i I 1 i I 1 II9 1 1 9716 I PRIEST£R I FOLELINE 1 NUIMiNE 1 P"lIESTER i YESCO ! SRAYEAR t TEMPLE, I NELSON I III TITLE CAPACITORS I SUFPLY I ELECTRIC I SUPPLY SUTFLY I ELECTAIC 1 INC. 1 ELECIRIC I OFENES 2111JF tt88 P.M, 1 CC. INC. 1 SUPPLY I CO. I CO. INC. i I Co. INC. I I SUFPLY 1 ACCOOMII I 11 1 i 1 12 I I I i I i i I I 1 I 1 I 1. 1 I ATY I ITEM DESCAIPTIOB 1 YF4DCIR I YOUR I VEIIDOR I VENDOR I VE40GR 1 YENOCR I YEOP I YENDOR 1 ::.:..•i••-- F 1------------- 1........................... 1..:.......... 1......-•--...I I I l 1 ! r I 1 I I I i I I IFAOMO'?NT CAFACITOR SANK I I 419. 1 11,069.11 i 1.439.18 1 1 N.O. 1 13,1N.11 1 M.I. I I 1 I 1 1 I I 2. 1 It 11.44KV0 CAPACITOR BANKS 1 3.114.10 1 1 1 4,997.51 1 3.451.88 I 1 3,213.81 1 I l IIIT'd RACES I l I I I I I 1 1 I I I I I 1 I i I I i 1 I 1 I i I I ! i I I i I 1 I I I I 1 I I I l I DELIVERY ITEM Il 1 1 1 1-11 05 1 14-16 NKS I I 1 14-16 *5 I I f I i I I I I I i i t OELIYERY ITEM 12 1 16-11 MKS I 1 1 14.16 NIS I I3 OKS 1 1 12-14 WKS I 1 1 i I I I S 1 I I T 1 ~ } 1 I 1 i I I I I 1 11 } 1 I 3 i I 1 I 1 1 i I I 1 i I 1 I I , i i , DATE: April 7, 1987 CITY COUNCIL REPORT I TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID/ 9724 T.Y. SEWER INSPECTION SYSTEM REC012.IENOATIOd: We recommend this bii be awarded to the lowest responsbile bidder specifications, Naylor Supply, in the amount of $39,635.00 with delivery in 45 to 60 days. SUMMARY: This bid is for the purchase of a trailer mounted television E ° ns-pecffon system for internal inspection of sanitary sewers and storm sewers. The equipment con. ist of an enclosed air conditioned/heated tandem axle trailer, color T.V, camera, lights, control module, T.Y. monitor, video cassette recorder, power winch, cable with reel, and a 4,000W generator. The bid of Construction Laser 01 does not include the trailer or generator and fails to meet other t* technical specifications. e ..i-1 BACKGROUND: Tabulation sheet 1 PROGRAKS, DEPARTMEIITS OR GROUPS AFFECTED: ' Aa Water and Sewer Field Service FISCAL 111PACT: 1986/87 Budget Funds for Misc. Capital Equipment Account Nun ber 624-008-0471-9107 ''r• !.t Respectf ly submitted: ,ptr z ; , a F'I U Lloy V. Harrell City Manager Pr red by: Names Tom 0. Shaw, C.P.M. Title:Assistant Purchasing Agent Approved: SQCI ' ~y a l , Marshall, C.P.M. J: ,urch J, hasing Agent {tle r i rr , ; I I I I I ! fit 1 1 9121 1 CYCLOPS I CNEFNf ISDNi?RUCTION I NAYLOR ICONEIRUCIION I lit 11M j ,y. SEWER INSFECIION 51'53 ELECTRONICS I INDUETPIES I LA5EA t I SUPPLY I LOSER 1 I OPEN-0 3/11/87 2110 F.N. I INC. 1 INC, 1 SUFFLY INC, I i SUFPIY INC. i ACEN411 124.008.0171.4117 1 ! 1 11 1 I 12 I I 1 1 I ::................I_...,...._.. ,__.........__I.._...........----_--•-•--I•••._---.-...1 1 I IT1 1' 11EN DESCFIFTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOA 1...........,•1- 1 I I I NJ,993.00 1 1, I 1 ;TRAILER MOUNTED LV. I 53,311.11 1 19,811,01 ~ 19.491,00 I 39,435,01 1 1 { 1 SEWER INSPECUON 513TEN I I 1 I { 4 3 I 1 I I I 1 1 I I T de?irefY I n DAYS I 9I DAYS I c0 WE 1 15.11 lAY3 I 4I DAIS I I I 1 I I 1 I I 1 I I I I i I i I l Re:eipt Addecdue 01 I Yee I ree I vet I Yee I Yet I 'i i i I 1 I I I T I ! T I ~ I I 1 IJ,135.0h I I 1,975.01 1 I MUM I I Deduct if I I Rod for I I Add for 1 I I Foyer W0 I Fecorder I 1 Color video i Not Aepeired i 1 i 1 1 1 I I I I 1 I .....rY+T,YW1M14MMM."M'•'w.°°^„~~"..~......enr._...+~ .Irk .Y 1,. , a Grp 1 F4 ~ 1 J DATE: April 7, 1987 CITy COUNCIL REPORT TO, Mayor and Members of the City Council Lloyd V. Harrell, City Manager FROM: BIDI 9726 REPAIR OF COOLING TOWERS ll and i2 z SUBJECT: I awarded to the lowest bidder meeting i RECOI9~N'. We recomn+end this bid be specifications, Clayton Industries in the amount of $52.821."0 FOB Denton. 1 , ..µy SUMMARY: he cooling This bid is for the materials and labor to repair t towers for Unit f at the Municipal Power -five earsdoldiand2require extensive repatrs~ant. These units i years are thrity She lesser prices offered by Tower Performance and Berger Both Associates were rejected due to failure to comply ithaspecifications ` A bidders qualified their bid as FOB shipping point for l materials. BACKGROUMp Tabulation sheet PROBpAMS DEPARTMEMITS OR 6RQUP5 AFFECTED: Electric Production FISCAL IMPACT: 1986187 Budget Funds for Maintenance of Generating Equipment r A ' Account Number 610-080-0251-8339•E314 Respectfully submitted: L oy arrel rity Mager 4 M' ~ I Pt Bred by: n , Name: Tom 0. Shaw C.P.M. Title: Assistant Purchasln9 Agent A Approved: J' ;Ids" 1) i ®rchiaii1nag rshall, t11s Agent 41 t~ i, I I I I I I IN } } r:d MAF',lEl /AANTO4 1 tuwE; I UlILllY T[IE; PE;SE; ELAYTG4 Il~ 111LE REFAIR MIND TONE4, I NELCp CD. 14C. I FERF WEE EMOI1+cEFlNO 1E:4 INC. ' ASSOEIATES I INGUSIRIE3 OPENED 0114A" Ml ! SALES, I C. ! OF IE(A> I CO?A I ' ACG0l1T16k1•d?1-DCSI•F334 1 i ! I I I k 1 ! 617 1 11V 50CRUND4 I VENOOF I vi%li I YMOR ! +641,1; I VEND}R +E4D[A YEmDCA I VE4ICR 1 k I ! I I 1. 1 LIT IAEFAIAS 3CLINO TNER3 I I I ! 1 ;10W I OD 2 I O5,:2S,BP 1 Bi,F 3.19 I IF.WAS 1 Si,93,20 ' 57,:61.10 52,102.20 1 $2,621.11 i E I ~ I l_ t I I I ~ I I I t } r I I 1 1 I ! I ~ I ~ I I I I P.M. POINT I DE413N I DENTO4 I FACfCBY I DEiiiCN E CEV1[N I FACTCF1NIb ; DEN19M I I 1 I 1 ! I i ; I E ! 1 I k i I k I I ALTEiIATE I I I I SP,0SP.0B E ! I ! ! I I I I 1 k i I ! I t ~ ; I I I I I I I , ..P 'i r E t DATE: April 7, 1987 j 4 CITY COUNCIL REPORT 3 p TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID/ 9727 DISPOSAL OF PCB CONTAMINATED MATERIALS F RfCOM1.0DAII0N: We recommend this bid be awarded to the lowest responsible b dder Amerco Envrionmental Service in the amount of $35,080.00. SUMMARY: This bid is for the loading, transporting and disposal of 11,6 0 pounds of PCB contaminated capacitors and 67 cubic yards of PCB contaminated soil from the capacitor storage site. =;R n v Tq BACIIGROUNO: Tabulation sheet M ;1~ PROGRAMS. DEPARTNENTS OR GROUPS AFFECTED: Electric Distribution Department ~y~ J 1= a s~ FISCAL IMPACT: 1986/87 Budget Funds ri . Respect! 1y submitted: r ,r J} n Jr g Lloyd (4. Harrell s" City Manager Prepared by. 11111►►►}...gggNNN....,,,,,,,,~- d Names Tom D, Shaw, C.P.M. Title: Assistant Purchasing Agent J J N1,,' dry': i Approved: me; n J. Marshall, C.P.M. Title: Purchasing Agent } } i I 110 1 1 4117 I FESD9ACE ! NATIONAL I SENERAL ENVIRLSURE I AMEFEO I ; BID 'TITLE DISPOSAL IF 'PEI MATERIAL SERVICES I ELEOT;IC 1 ELECTRIS MARtET145 I0'41HPOE414 1 OPENED I;Iiie? bbl P.M. INC. I I I SERVICE I ACCOUNT# 611 IB7 IiSi i12i 1 ! I I I . I I ITY I ITEM DEICRITTION VENDOR I VENDOR I VEND CA I VENDOR I VENDOR I VENDOR ! e ...;------•___•-•I....._.._..._I............. -••...•--....1 { 1 I i I I I I I i f I I I I I I i i I 1. 1 LOT IDISFOSAL OF PEI MATERIAL 1 73.311.10 I 68,7 1.00 t 16.116.11 1 61.1:1.1! I I5.1S1.20 1 1 1 COM3AMIHRTE4 MATERIAL 1 1 ! i I I I f I I i I I I i i S 1 I I I I I I I 1 I ! I I i 1 I I I I 1 I I 1 I I 1 I i I I 1 I I ! I I ~ I I I 1 ~ ~ I I I E I I i I I I I I S ' _ I 1 1 I I l I ' 1 T 1 E I I I I I 1 I' 1 I I I I I i . 1 ij, r 1,x'4 t 1~.1 f } DATE: April 1, 1987 CITY COUNCIL REPORT 3 i TO: Mayor and Members of the ;,ity Council FROM: Loyd V. Harrell, City Manager SUBJECT: BID# 9732 BATTERIES ANNUAL BID I RECOM'1ENDATION: thi Associated BatteryWSupply Co. Thesesti~abtedwyearlytusage isw$12,000.00,bidder, SUMMARY: This bid is for a one year supply of batteries at firm paces. It is sub,iect to a one year extension by agreement of both parties at least 30 days before expiration date of the bid. This bid was sent to all known local and metroplex distributors and manfacturers who sell direct to governmental agencies. We received seven bids as shown on the tabulation sheet. This bid is 5% lower than last years bid. i l'r BACKGROUND: Tabulation sheet 4a 1. m PROGRAMS. DEPARTIiENTS OR GROUPS AFFECTED: Vehicle Maintenance and department vehicles e ; FISCAL 111PACT: Working Capital Account N 710-025-0580-8702 i Respect ly submitted: 01 Lloy Y. Harrell City Manager a ~ r Prepared by: J n .Marshall, M. Tit s Purchasing Agent Approved: *Te; J hn JMarshall, C. Furcbasing Agent a. V if 1 4 I I 1 I i I I ! I I I, 010 1 1 4177 1 HEMFLEI I ASSOCIAIED 1 CONTINEMIAL I BATTERIES I SAMCO I RELIABLE I S 19 1 ! BItl iltiE OATIERIES ANNUAL I AAITERY I EATIERY I BATTERY I UNLIMITED I 11SCOUNI I BAFIERY I BATTERY I I MNEO 3774;07 2lP0 PX I INC. I SUFPLY I CO. I I AAITERY I [0. I I 1 ACEDUNII I I CO. I I ! [0. T I I 1 I I I I i 1 I 1----....---..1........ I.............I I....---------t------------- I.............I.............I 0 3 OIY I 11EM DESCRIF1104 I VENDOR I VENDOR I VENDOR I VFNDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 .::.:..:.I......................... I------------- 1------------- I------------- I------------- I---------- --I------------- I............. 1-------------1 T I t 1 I I 1 1 I I ! L I 1 BATTERIES I I I I I 1 1 1 I ! i I I I I 1 24. 1 16ROUP SHE 21 1 24.31 1 24.11 1 28.91 1 27.38 1 31.30 1 28.64 1 37.11 1 ! I I I I I I I I I 1 I 28. 1 16ROUP SIZE 24T 1 29.31 1 24.11 1 29.0 1 21.38 1 31.30 1 20.44 1 37.11 1 I 1' 1 1 1 1 1 1 1 1 1 1 2C, 1 ISROUP SHE 21 1 34.31 1 29.75 1 35.71 1 33.92 1 33.47 1 33.39 1 43.75 1 I 1 1' 1 1 1 1 1 1 1 1 1 20. 1 16ROUP SIZE 23 1 34.31 1 229.15 1 33.71 1 33.42 1 33.47 1 33.34 1 43.75 1 t I I ! I I I 1 31,911 71.341 34.411 1 2t I 16AOUP SIZE 72 1 29.3,'4 1 21.91 1 29.64 1 20.49 I 1. I 1 I I T I 1 I I I 21. I WOUP SIZE BO 1 16.11 1 71.90 1 86.99 1 11.03 1 62.15 1 94.91 1 112.45 1 I I I I 7 I I I 1 I I = 1 ! I i I 1 I S I 1 1 I Evaluated Total 1 428.301 370.80 1 435.15 1 410.281 429.11 1 426.841 534.35 1 I 1 { I I I t I t 1 , ...,.R.'~NLiL.PYW✓WIIOiYfIY.F+'IiWM.M...'s..~rP.ani~+{M~. 1 l ~L DATE: April 7, 1987 CITY COUNCIL REPORT i TO. Maycr and Members of the City Counci'. FROM: Lloyd V. Harrell, City Manager i SUBJECT: 8101 9734 SOD FOR AIRPORT RECOMIENDATION: We recommend this bid be awarded to the ;owest bidder, Trinity Turf in the amount of $11,542.00 plus 08 cents per foot for sod retention if needed. Taal bid not to exceed $12,000.00. i E ;j SUMMARY: This bid is for the purchase of materials and labor to cover approximately 10,100 square yards of airport drainways with common berruda sod. This bid also includes fertilizing and watering until sod is established. This project is necessary due to the erosion problems on the } north end of the airport. BACKGROUND: Tabulation sheet l PROGRAM DEPARTMENTS OR GROUPS AFFECTED: Airport operations 3 FISCAL IMPACT: 1986/87 Bond Funds 401-002-AB87-8306 ~ Respectf y submitted: Lloyd (f. Harrell City Manager Prepared by: " Name: Tom 0. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: Z2 a4d amf: ohn Marshall, C. .M. Title: Purchasing Agent I .1 r i I 1 1 I I P1D 1 1 9731 I ALLEN 1 A-,) I IF,INITT I 1 I 110 TITLE SOD FOR A1RfORT I LANDSCAPING I SLD I I I I OPENFO 372b"57 211P P.O. I I I I I 1 ACOOIINTI I I I 1 I 1 I I I I I 1 -•----------------°-1------------- 1----• --------I.............1_._._........I-•----------- 1 1 I f QTY 1 ITEM DESLRIFTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I I t 1 I I I I 1 i I I I I I 1, 'IEIilP1 Wt. sop 1 1.51 1 1.75 1 1.11 1 1 I I I I I I I I s 1. 11,foi tos1 FERTILIUR 1 .2277 1 1.32 1 1.21 1 1 l I 1 I 1 T I I t 3. 1 S/. YD. I RETENTION 1 2.51 1 1.11 1 1.11 1 1 I 1 3 t I I 3 1 I 1 S I 1 1 ;S I I I I 1 I I i ( I ! I 1 I I ' I 1 I i I I t I I 3 1 i I - i { i i F DATE: April 7, 1987 CITY COUNCIL REPORT i T0: Mayor and Members of the City Council { FROM: Lloyd V. Harrell, City Manager r SUBJECT: BIDI 9736 TRUCK CAB CHASSIS ~ d t RECO ~ATIQN, We recommend this bid be awarded to the lowest bidder Dower GMC in the am, int of $15,621.00 with delivery in 90-120 days. i 1 *',Y SUMliARY: This 0 is for the purchase of a 20,000 GVW truck cab/chassis. Thisexisting askyjaa6er°naerial abutruck cket will rbe installed ton thiscnew accident, BACKGROUND: Tabulation sheet PROGRAMS, DEPART NTS OR GROU?S AFFECTED: Motor Pool and Electric Distribution } FISCAL IMPACT: 1986/87 Motor Pool Replacement Funds and 1986/87 Budget Funds Account 0610-080-O?52-9230 4ec ly subm itted: arrell City Manager ' Pr\ 'a red by, Name: Tom D, Shaw, C.P.M. Title: Assistant Purchasing Agent. Approved: m n J. Ma-shall, C.P.M. 111103 Purchasing Agent I Y~ 1 "`t k I ! { I BIB 1 1 9736 1 DRAFF I DOWER I DILL UITER I I ! BID 1111E IkUEK CAPCHASSIS I CHUROLEt 1 0116 I FORD I ! 1 OFENED 31311@ 2:00. F.H. I I I I ! t _ FCC041N11 I I I 1 t I ! I 1 I .............I -1 I ' . ;~1_ 1 D1~Y 1 ItER DESCRIFTIM I VENDOR I VENDDR I VENDOR I VENDOR I VENDOR I ! I - .._._..°---------•I-------------I---...•------I-------------I------------- I-------•----•1 ! S 1. 1 ! 1 21,1@@1 BMC I I I I 3 I 1 I TRICK CABICHASSI: 1 15,777.111 1 15,621.11 1 16,289.14 1 1 ! . P I 1 1 I I I { ! 1 ! I I l I I I 1 I I 1 1 1' I delirrr~ I 1D1 DAYS 1 11-:4 DAYS 1 55 DAYS I I I 1 I I 1 I I I = I C I I I i I S I ! I i I 1 1 I I I I ! 1 1 1 1 ! i I { I 1 ! I 3 1 1 I I s '1 1 I I i ! 1,. ! 1 I I I I ! 1 I I f i A n V i 1 1 0923L log i 1 'r NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMFROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended t:iat the herein described bids are the lowest responsible bids for she construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competiti a bids for the construction of i ? public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and aloroved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9702 VIIB$1L STRANGE_ TEASLEY ROAD AS IATES S 7.254.40 f 9709 DENTON INDEPENDENT SCHOOL DSITRICT 16.882.35 j 9722 SPECIALITY CONTRACTING 23.480.00 9729 ATKINS BROTHERS EQUIPMENT CO. 448.522.00 t SECTION 11. 7 That the acceptance and app-oval of the above competitive bids shall not constitute a con-*act between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and i i 1 k ~j i k furnishing of performance and payment bonds, after notification of the award of the 51d. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, V~ quantities and specified sums contained therein. a r SECTION IV. a R ~y 'A, That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby ' authorizes the expenditure of funds in the manner and in the hw r I amount as specified in such approved bids and authorized Y <<gr ta, contracts executed pursuant thereto, SECTION V. .~k~~4 1y ~li r That this ordinance shall become effective immediately upon its passage and approval. l g PASSED AND APPROVED this the 7 day of APRIL , 1987, ',4r ;r FLAY 1 ' STEP E , MAYOR CITY OF DENTON, TEXAS ATTEST: S .~g ti JENNIFER NALIERS ACTING CITY SECRETARY ` CITY OF DENTOR, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DE•NTON, TEXAS BY: PAGE TWO . e DATE: April 7, 1987 E CITY COUNCIL REPORT E i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 9702 PARTICIPATION BID GREENFIELD WOODS VIRGIL STRANGE, PAYING RECOKIENDATION: We recommend this participation project with Virgil Strange on Greenfield Woods project for the total cost as calculated of $7,254.40. SultyRY: We sent out invitations on this bid and had some 10 or more to pick up the plans. We received 7 bids and the prices shown on the attached memo are the lowest of the bid prices. We have calculated from the quantities and the prices of each item. The calculated total participation fi j y'? for the City of Denton is $7,254.40. y t1 BACKGROUND: MEMORANDUM - JAMES CORBIN 4 t• PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: u Street Department ' Z7 y ~h FISCAL 111PACT: 1986187 Budget Funds St-•eet Department • Account N 100-020-0033-9105 + ' r +:;a Respec lly submitted: f it I''R • ' ;.V1 Llo V. Harrell City Manager ' ,dti ar ~ - Prepared by1 ° Marshall, C.P.M. t' itle:Purchasing Agent Approved: j ,i e. n J. Marshall, C.P.M. Me; Purchasing Agent I k' Via' v I; If1 i i A .RT CITY of DENTON, TEXAS PURCHASING DIVISION ! 901-8 TEXAS STREET l DE"iTON, TEXAS 76201 MEMORANDUM DATE: MARCH 13, 1987 70: JAMES CORBIN, SUPERINTENDENT OF STREETS FROM: JOHN J. MARSHALL, PURCHASING AGENT , SUBJECT: PARTICIPATION GREENFIELD WOODS 1. Bid 1 9702 it f ~.y Y . 1. ~ ~ i 3. Account yy 1 4. Approved by Council fw, n 5. Cost of City Participation as per Bid- Tow bid Austin Paving- 1. 641 asphalt 7' X 651.3' - 506.6 sy X $9.10 ■ $4,610.06 2. 64 line subgrade 4 221 506.6 sy X 1.97 "S. 00 Y 3. 10 asphalt top 15 X 651.3' 1,085.5 sy X 9.104 6■ 1.646.34 4 ' 14' TOTAL PARTICIPATION THIS PROJECT - $7,254.40 pry rw -i. Measurements by Bryan Burke t uYJ'h' ' ' 8171566.8311 &FW METRO 267.0042 f ly 1• f ~1 j~\ 1 y it 1 DATE: April 1, 1987 i i i CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM; Lloyd Y. Harrell, City Manager ( SUBJECT: B10/ 9709 HDENTON ICKORY CREEK ROAD PARTICIPATION { RECOMNENUA_TION: We received bids on this project and according to our calculations, the total project participation is $16,882.35. We recommend Council approval of this participation. •Y SUI1'U1RY: The bid was sent out or picked up by several bidders and seven bids were received. The low bidder was Jagoe Public Co. Th,: unit prices shown are from this bid. There are some of the lowest unit price, we have received in a long time. The quantities have been checked by both the City and Project Engineer. F IL BACKGROUND: MEMOkANDUM - CITY PARTICIPATION vPR OGRAMISy DEPT RTHENi5 OR GROUPS AFFECTED: :r Stree Department ` FISCAL IliPACT: 1986/87 Budget Funds Street Department Account l 100-020-0033-9105 Respect ly submitted: L1oy Y. Harrell City Manager Prepared by: t o n Marshall, C-P.M. 1tle. Purchasing Agent Approved: i n J. Marshall, C.P.M. ftlB. Purchasing Oepartment r { t COTY of DWTON, TEXAS PURCHASING DIVISION / 901•B TEXAS STREET / DENTON, TEXAS 76201 l `14 fi MEMORANDUM DATE: March 13, 1987 TO: JAMES CORBIN, SUPERINTENDENT OF STREETS "r FROM: JOHN J. MARSHALL, PURCHASING AGENT a ri SUBJECT: HICKORY CREEK ROAD PARTICIPATION i y 1 ;r 1. Bid 0 9109 DENTON INDEPENDENT SCOnOL DISTRICT BID I b. (Bryan Burke) y f 2. P. O. I i a 3. Account f CIE 4i 4. Approved by Council f 5. Cost of City Participation as per Bid of Jagoe Public Company 1. 6' asphalt 11' X 1,102.5' = 1,345.7 sy X $8.75 $11,790.63 2. 6" lime sub grade 18011' X 1,102.5' = 1,345.5 sy % $1.14 2,412.03 f" w 3. 1' asphalt 2,679.b9 exta depth Ib' X 1,102.5 = 1,831.5 sy X $8.7546= TOTAL PARTICIPATION THIS PROJECT $16,882.35 ~y 1 ~t !s tf vy ih: 81715668311 D/FW METRO 267-0012` v„ DATE:, April 7, 1987 CITY COUNCIL REPORT I E 70: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: 8100 9722 PHOENIX APARTMENTS REHABILITATION RECOIVENDATION: We recommend this bid be awarded to the lowest responsible bidder, Speciality Contracting in the amount of $23,480.00. SUIVARY: This bid is for the rehabilitation of ten apartment units in the Phoenix Apartments Complex. The bid included cabinet wcrk, plumbing, doors and general repairs as well. x BACKGROUND: Tabulation Sheet a .E PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ` Community Development Block Grant Program FISCAL IMPACT: CDBG funds 0 217-005-CO15-8502 s. ey Respectf y/su/bmitted: i Lloyd 69. Harrell City Hanaget' ~M F e Pr •ared by, Namet Tom D. Shaw, C.P.M. c Title: Assistant Purchasing Agent Approved: f j , I• f ' [J~ r e: oh arshalI. C. P.M. ~Je; rchasing Agent k ..n+1•.1/1,MNI"t1., M1.'~}i ~4R. ♦ 1 l r 1 I ! E ! BI➢ f E 92'.2 I NEM I LANC,MARK 1 SPECIA'',ITI 1 NBITMIRE 1 I BIB 1ITLE FS~ENI1 APAFTMENIS FE449 I SPACE I CO. I UNTRACTIN6 1 BUILDING I I OPENED 311247 2186 F.N. I I E41NESVILLE I I SERVICE I 1 ACCOL91i1 CD66 I 1CONSTRUC11D9 I I I 1 I CO. 1 1 I I -------------l-----------•-1-----•-------1-------------l-------------1 1 ! BTf I ITEM DE5 UPTION I VENDOR I VENDOA I VENDI'1 I VENDOR I VENDOR I ...............I • . •1 1 ~ 1 I I 1 i I Sr ! MICNEK ! 12,74.61 1 22,769,11 1 12,318.66 1 1111E9.21 E ! 1 I i 1 i I 1 2. 1 !FM INS 1 I1,b43.f1 1 11,b72,11! T 9.11:.11 1 11,513.73 1 1 1 1 I 1 1 1 1 1 (MISCELLANEOUS 1 11551.11 1 518,66 1 1,126,81 1 7,369.16 1 I , ! 1 1 1 I 1 ! I I ! ! s 1 1 BOMB 1 C43HIER 5 1 DES I CASKIEF'S 1 CA591EP,'9 1 I ! I I CHECK I I CN:CK I CHECK I I ! i I I I E t TDIAL I 2b,IB3.1! I 35.155.41 I 23,15831 1 33,896.33 1 1 1 ! I 1 I ! 1 I t[ ! I I I 1 ! I rt . i ,s. Rr r I pA r/i +a+ DATE: April 1, 1987 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: l BIDI 9728 GlEN4J000 PAYING AND , DRAINAGE RECOI90DATtON: bidder, Atkins Brothers eEquipment hCo, in theaamount of $448,522.00responsible SUMMARY: This is the re-bid of the Glenwood Paving and Drainage Project. The bid includes paving approximately 7,000 square yards of streets as well as furnishing and installing over 4,376 linear feet of storm sewer and all associated work. The project was bid both with asphalt and concrete. We are recommending the asphalt be accepted due to the lower cost. r 1a BACKGROUND: 6ND: ti Tabulation sheet . ~RO6RAM5, DEPARTMENTS OR 6ROUP5 AFFECTED. Street Improvement Bond Program FISCAL I- FISCAL 5885 Street Bond Funds " 'n ? Account N 434-902-SB85-8509-9105 Y. t ta,i t , % r , Resp fully submitted: w ' k Ll yd Y. Harrell r` City Manager a v,r. Pre 'ared by: Neme. Ton D. Shaw, C.P.M. Title: Assistant Purchasing Agent r Approved: ~ k n J. Mars hall, C.P.M. Jeb, chasing Agent y, j 4 I I 1 i ~ ~ I BAP CALVERT I ED BELL I JAEOE I C4RIYO I AFAC- I AT#INS 1 BOB i 1972A M i 615 ililE 5lE'tMDOP LN P4V fRP.iN4B! PAVINS ICDNSTR9C~ICN 1 P7B!IC :CCNSTRL.TION i TE?45 I BSOTPDRS I PDORE ~ EDUIFAENT I iNC.~ I OFENE6 3124!87 2M P.M. S CORP. i CO. CO. I INC. I INC. , 1 1 RSCOU474 134 P!2 58D5 91A5 i E I CO. I { I I f I I 1 i • i i i I 1 BTY I ITEM DESCRIPTION I VENDOR 1 VENDOR 1 VENDeA I VENDOR 1 VENDOR 1 VENDOR I VENDOR 1 1 1----••-------i-------------I I{ I 1 I I I S..I PAVSNS ASp4R!T I 45E,@11.5! I 1 a`.l,BOt.lB 1 555.SIR,1P . 411.52100 i $54.154.74 1 I ~ I 1 I 1 i I i k 541.23E.75 1 i ' 7, I FAyIN6 - CGNCREIE ALY. I 522.525.50 k 586.016..0 , i I I 1 i I I I I I i 1 I I I i i 1 I j I BID POND I YES i YES { YES I YES i YEO I YES i YES 1 I I i ~ l I I I I I I { I I I I i I I 1 I I I I I i i { ~ I i i I I I I I I I I I S ! I i I i 1 i I 1 i { O Pr i i 1101 e . 17851, i I NO. _ i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON 1 AND ALBERT H. HALFF ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and author zes t e Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Albert H. Halff Associates, Inc, providing for professional engineering s~Jrvtces in connection with bridge and channel improvements under the terms and conditions contained in said agreement which is attached hereto and made a part hereof, SECTION It. That the City Council authorizes the expendi- ture o un s not to exceed Sixty-six Thousand Nine Hundred and Thirty-two Dollars ($66,932). SECTION III. That this ordinance shall become effective T immeTate Ty -upon upan its passage and approval. PASSED AND APPROVED this the day of r , 1987. STEPHENS , lA % RAY " CITY OF DENTON$ TEXAS _ ATTEST: ~r JENNIFER E ACTING CITY SECRETARY t CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 4. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, T5XAS BY: C 1 ! t ~ CITY of DIFNTON / 215 E. McKinney I Denton, Texas 76201 j 'h i I MEMORANDUM y~ DATE: March 12, 1987 t TO: Rick Svehla, Assistant City Manager ;i Clark, City Engineer `f Jerry FROM, SUBJECT: Burning Tree and Woodrow Lane Bridge Contracts with Albert Halff and Associates Please place these contracts for consulting services on the March 24, 1987 agenda. The Legal Department was given a set of a<., e contracts by you on March 10, 1987 and promised be available for that council meeting. th 4, 4 We feel the consultant has given us a detailed summary of the estimated cost and has provided flexibility for the.CiIf the Engineering Division to do plans the design of the design needs to be more closely bridge on the Burning Tree project, we would prefer that the S a consultant complete that work. On the Woodrow o for Lane project, we feel the City if out ent aonny c problems since we will be designing the h transitions wifthDenton ` from Mcl(inney street down to Spencer road in j overall project about the same time frame. The pro ects are smaller bridges so the percentage of consulting cost are closer to the top end of fifteen percent. This is standard in smaller design projects. We feel we have an excellent firm especially in the water resources area to We feel their complete the design for the City of Denton. the flood insurance expertise in water resourceojects etoeproceed on schedule. That cratoue ld mbeaps wionell maj allorow the stumbliPng block if not addressed properly. metro-plexllent as evidenced Their reputation on bridge design with their } t .i page 2 of 2 pages I Please advise if further informatio_a is needed to proceed with approval of this contract. We plan to have a meeting on March 25, it Council awards, to give final direction to the consultant and present them with a notice to proceed which will start their contract days. An important section of the kk contracts is the time schedule which trill charge liquidated I damages if the consultant runs over the allotted work days. i The consultant realizes however, if tle City of Denton creates those problems those days will be extended. In summary we feel the design firm selected will do an excellent job for the City of Denton in the design of these projects. I,. r ~ t~~,ybf y , 1 r~~~ E C ty sneer 04458 y h11< «7r'D y,ri K^ A, I -tt t~ r 1 r { n~~r• l , ~ti k ~ r rtf7 7 q' ~ ' t, r d r@ , r. « W k y1 h' 14, r ~ r y ])7 t~ I y * ' F j i t} 0NiA3'41n5 • ir1N3nN0di^N3 'rdiJrNnw . 1N3hdolv300NO . SrttlrkUd Y3.rM . Nd.r:d7eSNrtli 7k F i OWEE6'99$ Paaoxa Sou Itag9 A Pug Al 'III 'II 'I SAMI xo; aa; 1e301 •ao3os; a Atq 8ulAid}3Tnm 3nog3Fn sa}pnis te3}ugoa30a8 ;o 93900 ag3 10; 11338IT? uo3ua0 ;o 9310 aq3 STFq 111a am •uo3uea ;o 11310 aq3 Aq uopsz}aog3n9 u33311n 4nog3}a papea3za aq o3 zou 00'009'1$ ;o 3so3 mns dmnj 9 so; ' -3ui 1939ouTSU3 suog '93uv3Znsu0J tgo}ugaaio98 ano Aq pamao}sad nq 1t}n 'a]oday 9TTOS 9g3 'II Xsgl 'S041 30 10309; s sam}3 eaeuadxa atgesangm}ai 9ntd 13a9pold aq3 uO (T3aai3P pale8ue saahoZdma pus stsd}ou}ad 6q paaapuea sao}nies 10; E'Z ;o so3as; s gam}3 3903 Bastes u0 poseq aq o3 Bag :y 3Fq}gx3 uF pa39Ft A Pug AI 'III 'I 9,4991 +g3 ]o3 t ;motto; so pazndmoo al It}n eao}Aaas ano ao; ea; eql •3sanba3 LLsm nod so 9ao}Axo6 TsuollIppy gons gs}uan; ools tT}n ti an •183391 s}43 03 pa4oe33e e} go}yn 403axag3 Iv z}q}gxa uF pazuemalddns pus popueme se 9u0}s}A03d ts2ous0 pa3u}id ag3 u} quo; 399 so 4uo}33ni3suo3 ao; aiuamnooa 3os13uoo ;o uo}3sisdaid pus u8}soa pus '3xodas i8iial pus Atpn3S 0}lnvapAV Pug o}8oloxp4 s 8u}xsdaad ;o 3s}9u03 t)ca eao}ASas ano 'g3gP 'i SU}39}20 3uau}l2ad Its atgsT}gAe a)jsm o3 osTo pts papoou 9a3}Aaa9 T9}3eds 20 338ro2d Bu3 10; 9u0}3sxap}9u03 Aisu}pios23xa ao 19130de Aug 8u}pnloa} s3uama3}nbal 2nod o3 so uo}semao;uj TTn; q3}n on gs}uxn; of pa330dxa Big a,ra n0x •(„33aFo2g„ 943 Patte3 1031au}9204) -001:) 20doo0 3e eus7 Bail 8u}uing tr pus XaaaO u93e8 3a BusZ noipoon xo; s3u9maAOldmF jauusya pug aBPFxq gi}n r vo}3aaUVOa u} sa3}A269 8u}saou}8ua Tsu01998;0ad xapuaa 03 soodoid 08 :21S 2980 rx, r °r r saau}8ua AS3F0 ~t A .a .d 4X19i0 Aijo' •xH tu31V 1 . ~ 4,1 OiM 9exal 'uozu*a 308]3$ de']uF)13H 3ssa 51Z i ~4rr uozuaOt;o AM r,r r ~ ~r. n " ,^r I-N f ~w y ^ S1Y3BOY ! AYYIr ELSS'L9'8001d urw»vYlzea1Y3a1. L861 16 gox&H :Nn~ r 7Yivd tlAtlvow 3f B00vr m A3Y~iiN 1N30r53dd I}A rLLrMJrvS 7 tl311rM r 1N30iS3tld 75~A NV0Y0W 30iAr0 ran y . i I f~a4.71031 1N3063tld "A'A0110w r 411MIW SL1Cl NV31 SN11r0 030634d 33A 11M1 LANAI ANI e, l 'r r e " vivo VZV14 ill hw1Ma+ 7',OY LN3063tld 104A'Y00tltl 0 N00 ~t 1N3063Ye 70iA YOrN3S Yf ONOM 1f1rY l r r 1430K30d ranoN 1197 ~ t y r u + tl~ N01Sn04. •J!, M 1471 . Srr-V0 OyV^03~a 10 NV04diV40 rd1VN 04 1tl3B1V 1 ti.L~ll\315 n\1' Sa3311'J\3 S r.. 01 t , ~i1! ALBERT 11, ILUFF ASSOCRTES, INC. ENGENEERS LIAP SCIEWISTS 1 ALBERT H HALFF CHA RMAN OF THE BOARO CA-AS . F,~RT Oo,'A*H HOUSTON JOSEI NOVCA. PRESIDENT RAUL WOW JR. SENIOR OCE PRESIDENT DON 0 MOCK VrCE PRESIDENT -6 6',O0•.,4ESr PLAZA DRI:E TROY LYNN LOVELL OCE PRESIDENT CAL'LAS ?E-AS 73275 MARTIN J MOLLCY, VICE PRESIDENT 2 ~I, 779 pppl . i DAVID S MOROAN. vr.E PRES,DFnT WALTER E SKIPWITH VICE PRESIDENT JEFFREY H JACOB, SECRFTARY GEORGE PRALL JR 'REASURER PATRICKI KUNZ Match 9, 1987 _ ALBERTC PETRACEK,JP P1008.87.1173 JERRY • ROSERTi a City of Denton City Hall 215 East McKinney Street ` Denton, Texas 76210 w Attn: Mr. Jerry Clark, P.E. City Engineer +r Dear Sit: s' We propose to render professional engineering services in connection T with bridge and channel improvements for Woodrow Lane at Vecan Creek and w Burning Tree Lane at Cooper Creek (hereinafter called the "Project"). You are expected to furnish us with full information as to your reeuirements t including any special or extraordinary considerations for the project or special services needed, and also to make available all pertinent existing data. our services will consist of preparing r Hydrologic and Hydraulic Study s+~ and Letter Report, and Design and preparation of Contract Documents for construction, as get forth in the printed General Provisions as emended and supplemented in Exhibit A, thereto, which is attached to this letter. We will also furnish such Additional Services as you may request. 9 z r-J e," The fee for our services will be computed as follows( ` For the Tasks I, 111, IV and V listed in Exhibit Af Fee to be y based on salary cost times a factor of 2.3 for services rendered by principals and employees engaged directly on the project, plus scA ' reimbursable expenses times a factor of 1.05. Teak II, the Soils PI}, Report, will be performed by our geotechnical consultants, Rona Engineers, Inc., for a lump sum cost of $1,800.00, not to be 'a~ xr k'A exceeded without written authorization by the City of Denton. We will bill the City of Denton directly for the costs of y` geotechniL.al studies without multiplying by a factor. Total fee )M for Tasks I, II, IlI, N and V shell not exceed $66032.00 T J J I T,,~, s,! IPANSPpITA I,yn . WATEII RESOURC(! • LANG DEYLOPMENT . MUNICIPAL A ENVIRCAJMENTAL • SURVIVING 4 ry ) off 1 , ALBERT It. HAW ASSOMTES, INC. EXONEERS ;1.N€1 SCIENTISTS City of Denton March 9, 1987 Page 2 At the end of Alternative Selection Phase (Task I), the City will decide whether the Paving Plane for Burning Tree Lane will be prepared by Halff Associates or by the City and deleted from this contract. In the event that the Paving Plana for Burning Tree Lane are deleted from this contract, the total fee for Tasks I, II, III, IV and V shell not exceed $59,435.00. Additional Services requested in writing will be charged on the basis of Salary Cost times a factor of 2.3. We will bill you monthly for services and Reimbursable Expenses. The a r above financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous progress of the Project. ,k We would expect to start our services promptly after receipt of your tt acceptance of this propose* and to complete our services in accordance with .e your schedule stated in the Request for Proposal and as outlined in Exhibit A. If there are delays for reasons beyond our control which prevent completion of the herein described services beftre the dates in Exhibit A. we would expect to negotiate with you an equitable adjustment of our t, compensation taking into consideration the impact of such delay including but not limited to changes in price indices and pay scales applicable to the period when services are in fact being rendered. Services are to be rendered in the customary phases which, together t. with the general understandings applicable to our relationship with you, are q,t met forth in the printed General Provisions and Exhibit A. thereto which is r~ attached to and made a part of this proposal. Your particular responsibilities are also set forth in the General Provisions. ±f This proposal, the General Provisions consisting of nine (9) pages and Yti Exhibit A thereto which consists of six (6) pages represent the entire understanding between you and us in reipeet of the Project and may only be Ap, modified in writing signed by both of us.' If this packaZe satisfactorily t .r, r I. ni Y k .t .SOCIATES, INC. ! pL81 RT II. 1L1iFF A~ ENIiIN'.LyS ,l\I) SCIENTISTS ! City of Denton . March 9. 1981 page 3 1 r agreement, we would appreciate your sets forth your understanding of our rovided below and will be open forcacceptence until April signing the enclosed copy of this it to ue. This proposal returning 1987, unless changed by us in writing. a:,r Yours very truly. ALBERT H. HALPF ASSOCIATES, INC. jSeo4 Viceident Y x, 1 ' RH tbl g ACCEYTEDt CITY OP DENTON -,x SSA xi w~ + Fi A Iii 8 , i X ~ , 41 r ~ ` n r~ r 1' ` },S . s ~ a t GENERAL PROVISIONS alternative solutions available to OWNER and setting t forth ENGINE ER's findi ngs and recommendations. This Report wi:i be accompanied by ENGIN EER's opinion Attached to and made a ppart of LETTER AGREE- MENF, d sod March g art R~betweeo ofprobable costs fortheProject, includingthefulluwing ; Ci t o DEnton (OWNER) which will be separately itemized: Construction Cost, Albert . Halff ASSOC.Inc(.ENGINEER) f and allowance forengineering co~,tsandcontingencies. and i j in respect of the Project described therein. (on the basis of information furnished by OWNER) ii allowances for such other items as charges of all other professionals and consultants, for the cost of land and t y SECTION 1-BASIC SERVICES OF ENGINEER rights-of-way.forcompensationforordamages toprop- erties, for interest and financing charges and for other f serv ices tobe providedby others forOWNER pursuant to paragraph 3.2. The total of all such costs, allowances, I.I. General. etc, are hereinafter called "Total Project Costs." I.I.I. ENGINEER shall perform for OWNER profes- sional engineering services in all phases the Project uments and review them in person with OWNER, to which this Agreement applies as hereinafter pro- vi `-d. These services will include serving asOWNER's The duties and responsibilitiesof ENGINEER during professional engineering representative forthe Project, the Study and Report Phase ate amended and supple. providing professional engineering consultation and mented as indicated in paragraph 2 of Exhibit A "Fur- advice and furnishing customary civil, structural, Cher Descriptions of Basic Engineering Services and mechanical andelectrical engineering services and cus• Related Matters". tomary architectural services incidental thereto. E 1.3. Preliminary Design Phase. nr 1.2. Study and Report Phase. After written authorization to proceed with the Prelim. After written authorization to proceed, ENGINEER inary Design Phase, ENGINEER shall: shall: 1.3.1. In consultation with OWN ER and on the basis 1.2.1. Consult with OWNER to clarify and define of the accepted Study and Report documents, deter- a OWNER's requirements for the Project and review mine the general scope, extent 2nd character of the available data. Project 1.2.2. Advise OWNER as to the necessity of OWN- 1,3,2, Prepare Preliminary Design documents consist- ER's providing or obtaining from others data or set- ingoffinal designcriteria,preliminary drawings, outline vices of the types described in paragraph 3.2, and assist specifications and written descriptions of the Project. OWNER in obtaining such data and services. 113. Advise OWNER if additional data or services 1.23, Identify and analyze requirements of govern- of the types described in the first subparagraph of pare- k , mental authorities having jurisdiction to approve the graph3.2are necesstryand assist OWNER in obtaining design of the Project and participate in consultations such data and services. with such authorities. 1.3.4. Based on the information contained in the pre- 1,2.4. Provide analyses of OWNER's needs, planning liminary design documents, submit a revised opinion Surveys, site evaluations and comparative studies of of probable Total Project Costs. prospective sites and solutions. 1,33. Furnish five copies of the above Preliminary 1.2.3. Provide a general economic analysis of OWN- Design documents and present and review them in per- , ER's requirements applicable to various aPernatives. son with OWNER. E2.6. Prepare a Report containing schematic layouts, The duties and responsibilities of ENGINEER during sketches and conceptual design criteria with appropri- the Preliminary Design Phase are amended and sup. ate exhibits to indicate clearly the considerations involved plememed as indicated in paragraph 3 of Exhibit A (including applicable requirements of governmental "Further Description of Basic Engineering Services „ a authorities having jurisdiction as aforesaid) and the and Rclated Matters, 8 g i III 1,3.1. Assist OWNER in inadvertlsing for and obtaining 1.4. Final Design Phase, bids or negotiating ro sals for each separate n prime and After written authorizatior to proceed with the Final contract for construction, materials, equip services; and, where applicable, maintain a record of t Design Phase, ENGINEER shall: prospective bidders to whom Bidding Documents have f been issued, attend pre-bid Conferences and receive 1.4.1. On the basis of the accepted Preliminary Design and process deposits for Bidding Documents. documents and the revised opinion of probable Total i ProjectCosts,prcparetorincorporationin the Contract 132 issue addenda as appropriate to interpret. clarify Documents final drawings to show the general scope, or expand the Bidding Documents. f extent and character of the work to be furnished and ( perfurmed by Contractor(s) (hereinafter called "Draw-as to the of the accept biilitylof s bcontracdtors, sOuppNierRs and other tht sllon formatprepared I ings") and pwith c e sixteen div conformance persons and organizations proposed by the prime con- Construction Specifications Institute). tractor(s) (hereincalled "Contractor(s)"I forthose por- tions of the work as to which such acceptability is 1,4,2, Provide technical criteria. writtar descriptions required by the Bidding Documents. and design data for OWNER's use in filing applications 1 for permits w,th or obtaining approvals of such gov crilmenial authorities as ave e design of the Project h assist OWNER in con- mine theacceiptahil y0ofsubsRtueconcerning and materiason eP ii th and ment proposed by ContractorSs) when substitution prior sultations with appropriate authorities. to the award of contracts is allowed by the Bidding 1.4.3. Advise OWNER of any adjustments to the latest Documents. opinion of probable Total Project Costs caused by bid tabulation changes in general scope , extent or character or design sheet Attend the bid opening prepare 1 require OWNER aeothed opinion oftprobabIt Total posals and iinsa scmbT ga and awarding contracts for s nish to Project Costs based on the Drawings and Specifica• construction, materials, equipment and services. [ions. }fie duties and responsibilities of ENGINEER during ase art amended and G?• , j tUe Bidding or 1.4.4. Prepare f vie a nd'~sorscont ct agreement si,pplemen ed as ind crated in paragraph S of Exhivies its legal counsel and forms, general conditions and supplementary condi• "Further Description of Basic Engineering Servces lions, and (where appropriate) bid forms, invitations to and Related Maters bid and instructions to bidders (all of which shall be consistent with she forms and pertinent guide sheets prepared by the Engineers Joint Contract Documents 1,6. Construction Phase. Committee), and assist in the preparation of other related During the Construction Phase: documents. I 1.1.3, Furnish five copies of the above documents and 1.6.1. Genera! Adminrarrarion of Contrnrrtlon Con- ENGINEER and act as OWNER's representat ve as pro- of the D `mi rt8s and Specifications with OWNER~nd present and OWNER i review person. videdinArticleslthrough 17,inclusive, oftheStandard u The duties and responsibilities of ENGINEER during General Conditions of the Construction Contract, No. 1910-8 the Final Design Phase ar h 4 oended and slemented f Exhibit uA "Further Doc mea s3 Committee, ed.tion) of [ The exgtrent and limitation of as indicated in paragraP Descriptionof Basic Engineering Services and Related the duties, responsibilities and authority of ENOI 'a matters", NEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in + paragraph6oflrxhibitA"FutherDescriptionofBasic 1 Engineering Services and Related Matters" and except 1.5. Bidding or Negotiating Phase. as ENGINEER may otherwise agree in writing. All of 's After written suthorizationto proceed with the Bidding O WNghR~~iG1NEERnwho will have authority otacton or Negotiating Phase, ENGINEER shall: 9 , 1 behalf of OWNER to the extent provided in said Stan• tractor(s) furnishing and performing their work. dard General Conditions except as otherwise provided Accordingly, ENGINEER can neither guarantee the in writing. performance of the construction contracts by Con- tractor(s) nor assume responsibility for Contrac- l 1.6.2. Visits to Site and Observotion of Constriction. torts)' failure to furnish and perform their work in In connection with observations of the work of Con- accordant: ;.rith the Contract Documents. tractor(s) while it is in progress: 1.6.3. Defective Abrk. During such visits and on the 1.6.2.1. ENGINEER shall make visits to the site basis of such observations, ENGINEER may disap- at intervals appropriate to the various stages of con- prove of or reject Contractor(s)' work while it is in t struction as ENGINEER deems necessary in order progress if ENGINEER believes that such work will } to observe as an experienced and qualified design not produce a completed Project that conforms gen- professional the progress and quality of the various erally to the Contract Documents or that it will preju- aspects of Contractor(s)' work. In addition, ENGI- dice the integrity of the design concept of the Project NEER shall provide the services of a Resident Proj• as reflected in the Contract Documents. ect Representative (and assistants as agreed) at [fie site to assist ENGINEER and to provide more con- 1,6,4. Interpretations and Clar;fications. ENGINEER linuous observation of such work. Based on infor- shall issue necessary interpretations and clarifications mation obtained during such visits and on such obser- of the Contract Documents and in connection therewith vations, ENGINEER shall endeavor to determine in prepare work directive changes and change orders as general if such work is procudingin accordance with required. the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) The Resident Project Representative (and Shop Drawings (as that term is defined in the aforesaid any assistants) will be ENGINEER's agent or Standard General Conditions), samples and other data employee and under ENGIN EER's supervision. The which Contractor(s) are required to submit, but only duties and responsibilities of the Resident Project for conformance with the design concept of the Project Representadve (and assistants) are set forth in Exhibit and compliance with the information given in the Con- 8 "Duties, Responsibilities and Limitation of tract Documents. Such reviews and approval%orother Authority of Resident Project Representative", action shall notextend to means, methods, techniques. sequences or procedures of construction or to safety 1.6.2,3. The purpose of ENGINEER's visits to precautions and programs incident thereto. and representation by the Resident Project Repre- sentative (and assistants, if any) at the site will be to 1.6.6. Substitutes. ENGINEER shall evaluate and enable ZNGINEER to better carry out the duties and determine the acceptability of substitute materials and responsibilities assigned to and undertaken by equipment proposed by Contractor(s), but subject to ENGINEERduring the Construction Phase, and, in the provision of the second subparagraph of paragraph addition, by exercise of ENGINEER's efforts as an 2.1.2. experienced and qualified design professional, to pro- vide forOWNER agreater dagretofeonfldencethat 1.6.7. Inspections and Tests. ENGINEER shall have i the completed work of Contractor(s) will conform authority, asOWNER's representative, to require spe- 1 generally to the Contract Documents and that the cial inspection or testing of the work, and shall receive integrity of the design concept as reflected in the and review all certificates of Inspections, lestings and Contract Documents has been implemented and pre- approvals required by laws, rules, regulations, ordi- served by Contractor(s). On the other hand, ENO]- nances, codes, orders or the Contract Documents (but NEER shall not, during such visits or as a result of only to determine generally that their content complies such observations of C'outractor(s)'workinprogress, with the requirements of, and the results certified Indi- supervise, direct or have control over Contractor(s)' cafe compliance with, the Contract Documents). work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, 1.6.8. Disputes beween OWNER and Contractor. sequences or procedures of construction selected by ENGINEER shall act as initial iulerpreter of the Contractor(s), for safety precautions and programs requirements of the Contract Documents and judge of incident to the work ofContraclor(s)orforanyfailure the acceptability of the work thereunder and make deci- of Contractor(s) to comply with laws, [vies, regula- sions on all claims of OWNER and Contractor(s) relat- tions,ordinances, codes or orders applicable to Con- ing to the acceptability of the work or the Interpretation IQ of the requirements of the Contract Documents per- interests or encumbrances, or that there may not be taining to the execution and progress of the work, other matters at issue between OWNER and Con- ENGINEER shall not be liable for the results of any tractor that might affect the amount that should be such interpretations ordecisions rendered in good faith. paid. i 1.6,9. Applirarions for Paymenr. Based on ENGI• 1.6.10. Contractor(s)'ComplerionDocuments. ENGI• 3 NEER's on-site observations as an experienced and NE ER shall receive and review maintenance and oper- qualified design professional, on information provided a.ing instructions, schedules, guarantees, bonds and i t by the Resident Project Representative and on review certificates of inspection, tests and approvals which are s ofa,,plicationsforpayment andtheaccompanying data to be assembled by Contractor(s) in accordance with and schedules: the Contract Documents (but such review will only be to determine that their content complies with the tt 1.6.9.1. ENGINEER shall determine the amounts requirements of,andinthecase ofcertificates ofinspec- t owing to Contractor(s) and recommend in wr'ting Lion, tests and approvals the results certified indicate payments to Contractor(s) in such amounts. Such compliance with, the Contract Documents); and shall recommendations of payment will constitute a rep- transmit them to OWNER with written comments. resentation to OWNER, based on such observations and review, that the work has progressed to the point 1.6.1 I. Inspections. ENGINEER shall conduct an indicated, and that, to the best of ENGINEER's inspection to determine if the work is substantially knowledge. information and belief, the quality of complete and a fins[ inspection to determine if the com- such work is generally in accordance with the Con- pleted work is acceptable so that ENGINEER may I tract Documents (subject to an evaluation of such recommend, in writing, final payment to Contractor(s) j work as a functioning whole prior to or upon Sub- and m,y give written notice to OWNER and the Con- ' stantial Completion, to the results of any !ubsequent tractor(s) that the work is acceptable (subject to any testscalledforinthe Contract Documents and toany conditions therein expressed), but any such recom- other qualifications stated in the recommendation). mendation and notice will be subject to the limitations In the case of unit price work, ENGINEER's rec- expressed in paragraph 1.6.9.2. ommendations of payment will include final deter- " minations of quantities and classifications of such 1.6.12. LimitationofResponsibilitles. ENGINEERshall work(subjecttoanysubsequent adjustments allowed not be responsibia for the acts or omissions of any by the Contract Documents). Contractor, or of any subcontractor or supplier, or any or the Contractor(s)' or subcontractor's or supplier's 1.6.9.2. By recommending any payment ENGI• agents or cmployees or any other persons (except NEER will not thereby be deemed to have repre- ENGINEER's own employees and agents) at the site sented that exhausgve, continuous ordetailed reviews or otherwise furnishing or performing any of the Con- or examinations have been made by ENGINEER to tractor(s)' work; however, nothing contained in para- check 1,6.1 ihru 1.6.11, inclusive, shall be construed as it is h furnished and performed and perforformeedd beyond t Le r r ct work to release ENGINEER from liability for failure toprop• si it is erly perform duties and responsibilities assumed by Documents. in n ENGI- this this ENGINEER in the Contract Documents. Contract to ENGINEER Agreement tlyhe assigned Agreement and the • NEER's review of Contractor(s)' work for the pur- poses ofrecommendingpayments will notlmposcon 1.7. Operational Phase. ENGINEER responsibility to supervise, direct or control such work or for the means, methods, tech- During Operational Phase, ENGINEER shall, when niques, sequences, or procedures of construction or requested by OWNER: safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regula- lions,ordinances, codes or orders applicable to their 1.7.1. Provide assistance in the closing ofany financial or related transition for the Project. furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes 1.7.2. Provide assistance in connection with the refin. any Contractor has used the moneys paid on account ing and adjusting of any equipment or system. of the Contract Price, or to determine that title to E any of the work, materials or equipment has passed 1.7.3. Assist OWNER in training OWNER's staff to to OWNER free and clear of any lien, claims, security operate and maintain the Project. II 6 ,E 1.7.4. Assist OWNER in developing systems and pro- -Detailed consideration of operations, maintenance j' cedures for control of the operation and maintenance and overhead expenses; value engineering and the of and record keep,.g for the Project. preparation of rate schedules, earnings and expense statements, cash flow and economic evaluations, i 1.7.5. Prepare a set of reproducible record prints of feasibility studies, appraisals and valuations. -Furnishing the services of independent profes- x Drawings showing those changes made during the con- t struction process, based on the marked-up prints, draw. sional associates or consultants for other than Basic r i ingsand otherdatafurnished by Coniractor(s) tnENG1- Services. -If ENGINE ER's compensation for Basic Services NEERand which ENGINEER considers significant. is not on the basis of Direct Laboror Salary Costs, 1.7.6. In company withOWNER,visit tieProject to services resultingfromtheawardofmorethanone { observe any apparent defects in the completed con. prime contract far construction. materials, equip- struction, assist OWNER in consultations and discus- ment or services for the Project, or from the con- sio andmakeslcomn dacorrectionofsuch struction contract containing cost plus or incen- deficiencies, dof make reco defective end work. tions as toreplace- tive-savings provisions for Contractor's basic mtnt or compensation, or from arranging for performance by perio.-.s other than the principal prime contrac• The duties and responsibilities of ENGINEER during tors or from administering OWNER's contracts the Operational Phase are amended and supplemented such services. as indicated in paragraph 7 of Exhibit A "Further for Servicesinc ices. ionwithfieldsurveysfordesign Description of Basic Engineering Services and Related -Services purposes and engineering surveys and staking out Matters". the work of Contractor(s). ` -Services during out-of-town travel otherthan visits SECTION 2--ADDITIONAL SERVICES OF to the site. i! ENGINEER -Preparation of operatingand maintenance manuals to supplement Basic Services under paragraph 1.7.3. -Preparing to serve or serving as a consultant or 2,1. Normal and customary engineeringservices donot witness in any litigation, arbitration or other legal include service in respect of the following categories or administrative proceeding except where required of work which are usually referred to as Additional as part of Basic Services. Services. 2.11. When required by the Contract Documents in 23.1. If OWNER wishes ENGINEER to perform circumstances beyond ENGINEER's control, any of the following Additional Services. OWNER ENGINEERshall perform or obtain from others any shallsoinstruct ENGINEERin writing, and ENGI- of thefollowing Additional Services as circumstances NEER shall perform or obtain from others such ser- require during construction and without waiting for vices and will be paid therefor as provided in the specific instructicns from OWNER, and ENGI• Letter Agreement: NEER will be paid therefor as provided in the Letter -Preparation of applications and supporting docu• Agreement; ments for governmental financial support of the -Services in connection with work directive changes Project in addition to those required under Basic and change orders to reflect the changes requested Services; preparation or review of environmental by OWNER if the resulting change in compensa• % studies and related services; and assistance in tion for Basic Services is not commensurate with x ' obtaining environmental approvals, the additional services rendered. -Servieeste. make measured drawings oforloinves• -Services In making revisions to Drawings and tigate existing conditions or facifties, Specifications occasioned by the acceptance of -Services resulting from signikant changes in the substitutions proposed by Contractor(s); services general scope, extent or character of the Project after the award of each contract in evaluating and or major changes in documentation previously determining the acceptability of an unreasonable accepted by OWNER where changes are due to or excessive number of substitutions proposed by causes beyond £NGINEER's control. Contractor; and evaluating an unreasonable or -Providing renderings or models. extensive number of claims submitted by Con- (s) or others in connection with the work. -Preparing documents for alternate bids requested tractor -Services resulting from significant delays, changes by OWNER for work which is not executed or for or price increases occurring as a direct or indirect out-of-sequence work, 12 i i , result ofmattrial,equipment orenergy shortages. SECTION 4-MEANING OF TERMS -Additional or extended services during construc• lion made necessary by (1) work damage by fire or other causes during construction, (2) a signifi• cant amount ofelellwive or neglected work of any 4.1. As used herein the term "this Agreement" refers j Contractor, (3) acceleration of the progress sched- to the Letter Agreement to which these General Pro- ule involving services beyond normal working visions are attached and to these General Provisions, 1 hours, (4) default by any Contractor. Exhibit A "Further Description of Basic Engineering Services and Related Matters" and Exhibit B "Duties, Responsibilities and Limitations of Authority of Resi- j SECTION 3-OWNER'S REwPONSIBiLITIES dent Project Representative", as if they were part of !i one and the same document. ~ i 4.2. The construction cost of the entire Project (herein 3.1. OWNER shall provide all criteria and full infor• referred to as "Construction Cost") means the total mation as to OWNER's requirements for the Project; cost to OViNER of those portions of the entire Project designate a person to act with authority on OWNER's designed anu specified by ENGINEER, but it will not behalf in respect of all aspects of the Project; examine include ENGINEER's compensation and expenses, the and respond promptly to ENGINEER's submissions; costofland, rights-of•way,orcompensationforordam- and give prompt written notice to ENGINEER when- ages to, properties :mless this Agreement so specifies, ever OWNER observes or otherwise becomes aware nor will it include O'VNER's legal, accounting, insur- of any defect in the work. ante counseling or auditing services, or interest and financing charges incurred in connection with the Prcj- 3.2. OWNER shall also do the following and pay all ectorthecostof other services to be provided by others costs incident thereto: to OWNER pursuant to paragraph 3.2. [Construction -Furnish to ENGINEER borings, probings and sub- Cost is one of the items comprising Total Project Costs surface explorations, hydrographie surveys, labo- which is defined in paragraph 1.2.6.1 s:. ratory tests and inspections of samples, materials and equipment; appropriate professional interpre• 4.3. Direct Labor Costs used as a basis for payment Cations of all of the foregoing; environmental assess- mean salaries and wages (basic and incentive) paid the ment and impact statements; properly, boundary, all ENGINEER', personnel engaged directly the J easement, right-of-way, topographic and utility sur• Project, including, but not limited to, engineers, a rchi• vet's; property descriptions; zoning anddeedreslric• tests, surveyors, designers, draftsmen, specification lions; all of which ENGINEER may rely upon in writers, estimators, other technical and business per- performing services hereunder, sonnel; but does not include indirect payroll rcluted Guarantee access Co and make all provisions for costs or fringe benefits. For the purposes of this Agree- i ENGINEER to triter upon public and private prop- merit the princip of ENGINEER and their current [ erty, hourly Direct La als bor Costs are; fff -Provide such legal, accounting, independent cost estimating and insurance counseling services as may - r be required for the Project, any auditing service vquired in respect of Contractor(s)' applications for , payment, and any inspection services to determine f if Contractor(s) ar, performing the work legally. The hourly Direct Labor Costs of principals of NEER changes In -Provide engineering surveys to establish reference will be adjusted equitably to reflect changes in points for eonstructiort, personnel and in ENGINEER s overall compensation . Furnish approvals and permits from all governmental procedures andpreclices, authorities having jurisdiction over the Project. R -If more Ihan one prime coitractor is to be awarded sdla eseanda wages (basic andbincentive)ypa(dt oeall } for construction, designa;c a party to have respon• ENGINEER's personnel engaged directly on the Proj• ' sibility and authority for coordinating the activities ect, including, but not limited to, engineers, architects, of the various prime contractors. surveyors, designers, draftsmen, specification writers, ` 3.3. OWNER shall estimators, other technical and business personnel; pl,:s pay all costs incident to obtaining the coil of customary and statutory benefits Including, bids or proposals from Contractorls), but not limited to, .octal security contribution,, unem• rr " 13 plomeni, excise and payroll lasts, workers' compen. OWNER or others on extensions of the Project or on salion, health and retirement bencfils, sick !eave, vaca• any other project. Any reuse without written v,rifica- lion and holiday pay and other group benefits. ror the lion or adaptation by ENGINEER fur the specific pur- purposes of this Agreement, the principals of ENGI- poseinlendedwill beatOWNER'ssolerisk andwithout A NEER and their current hourly Salary Costs are: liability or legal esposure to ENGINEER, or to ENGI- { Jose 1. Novoa - $47,68 NEER's independent professional associates or con- t sullants, and OWNER shall indemnify and hold harm- Raul Wong - 543.86 less ENGINEER and EN'GINEER's independent k professional associates and consultants from a,l claims, y' The hourly Salary Costs of principals of ENGINEER damages, losses and expenses including attorneys' fees will be adjusted a uilabl to reflect changes in - arising out of or resulting therefrom. Any such verifi- 1 q y person cation or adaptation will entitle ENGINEER to 'urther 9 ! nel and in ENGINEER's overall compensation pro- compensalion at rates to be agreed upon by O'VNER x cedures and practices. and ENGINEER, 4.5. Reimbursable Expcnsesmean theactual estxnses incurred by ENGINEER or ENGINEER's indepen• 5.2. Opinions of Cost. dent proressionalassociates orconsultants directly or Since LNGINEER has no control over the cost orlabor, indirectly in connection with the Project, such as expenses for transportation and subsistence incidental materials, equipment sY or by services furnished determining others, thereto: obtaining bids or proposals from Contractor(s); orov er c mpetitive ddin oor mz ket c ditions, providing and maintaining field officefacililles including or over competitive bidding or market conditions, r furnishings and utilities; subsistence and transportation ENGINEER'son Cost pr rdrdlror herein are to be Costs of Resident Project Representatives and their assis- and Construction Cost provided for herein are to be tants: toll telephone calls and telegrams; reproduction made on the basis of ENGlNEER's experience and of reports, Drawings, Specifications Bidding Docu• qualifications and represent ENGINEER's best judg- merits and similar Project-related items in addition to merit as an experienced and qualified professions! engi- those required under Section I: and if authorized in neer. familiar with the construction industry; but advance by OWNER, overtime work requiring higher ENGINEER cannot and does not guarantee that pro- - ' than regular rates. In addition, when compensation for Cososts ts bids or actual Total Project or Construction Basic Services Is on the basis or cost plus a fixed feo, C will not vary from opinions of probable cost Direct Labor Costs or Payroll Costs m:thod or pay prepared by ENGINEER. If prior to the Bidding or ment, if authorized in advance by OWNER, Reim- Negotiating Phase OWNER xishes greater assurance bursable Expenses will also include expenses incurred at to Total Project or Construction Costs, OWNER for computer time and other highly specialized shall employ an Inde•,endentcost estimator as provided meat, including an appropriate charge for previouusl Contract ly i ontract D cli ENGINEER'S se Cons l action Cost io " established programs and expenses or photograph c within act meots to bring the Construction Cost production techniques limes a factor of 1.05 any limitation established by OWNER will be considered Additional Services and paid foras such by OWNER. SECTION S-MISCFLLANEOUS ' S.3. Other Provislons Concerning Payments. If OWNER fails tomake c!y payment due ENGINEER S.I. Reuse of Documents. for services and expenses within thirty days after receipt "s of ENGINEER's statement therefor, the amounts due r All documents including Drawings and Specifications ENGINEER will be increase) at the rate of 1% per prepared or furnished by ENGINEER (and ENGI• month from said thirtieth day, and in addition, ENGI• NEER s independent processional associates and con- NEER may, alter giving seven days' written nodee to sulta,its) pursuant to this Agreement are instruments OWNER, suspend services under this Agreement until of service in respect of the Project and ENGINEER ENGINEER has been paid in full all amounts due for l I shall retain an ownership and properly interest therein services, expenses and charges. whether or not the Project is completed. OWNER may make and i -viln copies for information and reference In connection with the use and he occupancy oft Project S,4. Termination, 'ccl by OWNER and oth, rs; however, such documents are The obligation to provide further services under this not intended or represented to be suitable for reuse by Agreement may be terminated by either party upon ' !4 E of will be decided by arbitration in accordance with the tion Industry ' Arbitration sev41n days' written notice in he event of substantial n Rules perform in the terms e obtaning,tsubjecteto by t the through no fault ofathe terminatiing ransArbit ation Association h he termination. ENGINEER the lirn'tat` n 4 anbelow. d restrictions stated in paragraphs M.3 and party. In the event any agreement so to arbitrate ( will be paid for all services rendered to the date of and anyothera reementorconsenttoarbitrateentered p termination, all Reimbursable Expenses and termina• into in accordance herewith as provided in this Para- lion expenses, graph 5.7 will be specifically enforceable under the ; prevailing law of any court having jurisdiction. S.S. Controlling Law. e 5.7.2. Notice of demand for arbitration must be filed j in writing with the other parties to this Agreement and 1 This Agreement is be governed the law of the with the American Arbitration Association. The demand . principal place of business of f ENG ENGIN NEER m;,-.)e made within a reasonable time alter the claim, 5.6. Successors and Assigns. dispute or other mater in question has arisen, In no event may the demand forarbitrdtion be made after the roceed ands artnessueceENGINEER sors.executorladmirisrattrs based on suchclaim•disputteorothermbteri questiisn and the partners, would be bat ~ ed by the applicable statute of limitations. and legal representatives of OWNER and £NG1N EE'R k (and to the extent permitted by paragraph 5.6.2 tha and i assigns of OWNER and ENGINEER) are hereby bound 5.7.3.nAll de andswor rabic ati any monetary claim to the other party to this Agreement and to the partners, stateereto successors, executors, administrators and legal repre• must contain a statement that the total sum such aloe in sentatives (and said assigns) of such other party, in controversy as alleged by the party making demand ' respect of all covenants, agreements and obligations of or answering statement is not more than 5200,WU this Agreement. (exclusive of interest and casts): and the arbitrators will not have jurisdiction, power or authority a render a response any party ' transfer any rights under orsin errest in l (inassign, monetary awarJ clud• which totals more than SM) 000 theretoexclusiveagainst 5.6.2. Neither WNER nor sublet of interest o costs trig, but without limitation, moneys that may become anwe or au thThe ,11ornot ngslencept nceming any due or moneys that are duel this Agreement without i thir own jurisdiction) co Claim. the that anytass'lgnment subtettingortransferistmandated courerclaimedispute crothe mat erinquesdonwh e ersy by law or the effect of this limitation may be restricted Claim, d nt i ecorntrover is of anytsuc claim, counter-- by law. Unless specifically stated to the contrary in any y written consent to an assignment no assignment will sive of interest and costs), release or discharge the assignor from any duty or responsibility under this Agreement. Nothing con- 5.7.4. No arbitration arising out of, or rito, der this is ~asnedinthis paagraphshall proeutENGINEER from Agreement may include, tywhoideror f employing such independent professional associates in any other manner, any person consolidation. and consultants as ENGINEER may deem appropriate party to this Agreement. to assist in the performance of services hercundr r. 3.7.5. By written consent signed by all the parties to $true in parap xphs Nothing rights or benefits inlthishall s Agreement the llimiitatoens and restrictin scow ainc ri strand to give any to anyone other than OWNER and ENGINEER, and 5.7.3 and 5.7.4 may be waived in whole or in Hart as to s all duties and respor6sibilities undertaken pursuant to any claim, counterclaim, dispute or other matter spe- this Agreement will be forthe sole and exclusive benefit cifically describ.,d in such co ent, No con sent t claims, t of OWNER and ENGINEER and not for the benefit counterclaims dispute or o tier matter in question will of any other party. constitute consent to arbi},ate any other claim, coon. tercialm, disput-: or ^tSt, matter in question which is 5.7, Arbitration. not speeificoly deseribai in such consent or in which i value the sl counterclaim controversy } matters In clii ms. 3.7.1. All uesr on between thesparties her ao arising (exclusi a of interest and a sts) or Which is wit a~ ith ma n out of or «latingtothis Agreement or the breach thereof putynotspecifically described therein, 15 6~1 T- } !i 1 3.7,6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jursidiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10and I1 of the Federal Arbitration Act (9 U.S.C. 4110, 11). 1 47 L ;r ,f n~ . f 1M. 1t S i~ , rr7 II t }H L ~,L T i VMi J r t y i,I/[•(',l ~ 1~,~.~ i I p JI{{~~f 1`\ Y 1A 1` P Y fl /Y l if 1; I n W t e~ r, 1 ~3 r :4 ~i~ ra 4~ x n R is ~ i, Y '1ertY'-t tF r ~ ' !S i.. ~ a lf! )The temalnderof this page was left blank Intentionally.) r 16 w ~1 iMTy~~' ~ ...MMUV:.w,....we•i•~i=d'rry~llal,w?,A:,VYa~Ikolk'Sy.rw'.. rrc r. r},J•~ 1 .y,yYyly~l~O.WMryr a.. ~((x ' 1 n t Y [ R t ~q ! r, r z 'i ~b s EXHIBIT "A" jUrMR DESCRIPTION OP BASIC '"GIREE1IE0 SEEYICEP Alm RELATED 11ArTEEB. This is an exhibit attached to and made a pert of the ce between Provisions attached to Letter Agreement made on march 6, 1987, the City of Denton (OWNER) and Albert H. HslEf Associates, Inc. r (ENGINEER) providing for professional engineering services. The Basic Services of ENGINEER as described ttoindicated below. T bleat ; Provisionv are amended or supplemented lists the Tasks Is II, Ill, IV and V that are included in the scope of + the professional engineering services to be provided by ENGINEER, with 1 estimates of work effort and cost for each task. i and Report phase ENGINEER shalls Paragraph 1.2 -Study ' 26 Delete subparagraphs 1.2.2, 1.2.3, 1.2.41 1.2.5 and 1.2.6. Add the following paragraph: j, 1,2,2 The following items of work will be included in Task It ~r (1) Collect all plans for existing And proposed utilities, culverts, roadways, and channels from the City. (2) Obtain survey data from the City. (3) Order geotecbnical Investigations. (6) Obtain the hydrologic and hydraulic models from the D.S. Army fi Corpa of Engineers. hydraulic model on our own computers. (5) Calibrate the hydrologic and (6) Identify alternatives for each sits And conduct hydraulic computer runs to determine the impact of each alternative. r. Al!q. (7) Select recommended alteraitives and prepare a Letter Report for ' the city setting forth ENOINEER's findings and recommendations. of probable This Report will be accompanied by E l"IER's opinion Construction Cost. a` (8) Present the report at a meeting with the City. i A .r MG a n ..--...e wrn .~.i , d n... rv. ar sA.•.., e.v .r.I .r r.~ ....A.. . tto 4. ~u M^✓nv-.r O as 'J s 3 Paragraph 1.3 Preliminary Design Phase - Delete Subparagraphs 1.3.4. and 1.3.5. Add the following paragraphs: ~ 1.3.4. Haled on the information contained in the preliminary design documents, submit a revised opinion of probable Corstruction Costs. t 1.3.5. Furnish three copies of the above Preliminary Design documents I and present and review them in person with OWNER. Paragraph 1.4 Final Design Phase - Delete Subparagrapbs 1.4.1. and 1.4.3. w Add the following paragrapbst 1.4.1. On she basis of the accepted Preliminary Design documents and v f the revised opinion of probable Construction Costs, prepare for incor- potation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed J by Contractor(s) (hereinafter called "Drawings") and Specifications. 1.4.3. Advise OWNER of any adjustments to the latest opinion of yrob- a able Construction Costs caused by changes in general scope, extent or tk, character or design requirements of the Project. Furnish to OWNER a revised opinion of probable Total Construction Costs based on the Drawings and Specifications. j r Paragraph 1.5 Bidding or Negotiations Phase -Delete entire paragraph, k . Paragraph 1.6 Construction Phase - Delete entire paragraph and insert tha followings hn'ti° 31 Cor.atruct{on Phase, as shown in ?able 1, Exhibit Al Task V. V' , 4 ~ l 1.6.1 ENGINEER shall make a minimum of three (3) visits per bridge f site at intervals appropriate to the various stages of construction as i ENGINEER deems necessary to observe as an experienced and qualified design professional ::he progress and quality of the various aspects of Contractor(s)' work. ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and the ENGINEER shall provide OWNER an Observation Report for each I site visit. I iarsgrsph 1.7 Operational Phase - Delete entire paragraph. I, 3. SECTION 2 - ADDITIONAL SERVICES OF ENGINEER option I, "Design Woodrow Lane Paving" on Table 1 includes paving plans for Woodrow Lane within 600 feet each side of the proposed bridge and r k+ k is not in the scope of services of this Contract. If, however, the f r OWNER instructs the ENGINEER in writing to perform this task, the r ENGINEER will perform and be paid therefore as provided in the Letter of Agreement, not to exceed $7,447.00. 4. SECTION 3 - OWNER'S RESPONSIBILITIES r !n y".' Subparagraph 3.2 - Delete the following "-Provide engineering surveys ' y.. to establish reference points for construction." ' 11 _ Add the followings ti Paragraph 3.2. "-Provide engineering surveys for all designs and construction as deemed necessary by the ENGINEER." ,v t 1 a Y s. SECTION 4 - MEANING Of TERNS ` w + l " I Delete entire paragraph, ell f r1 • d. I a Y 1 j r P j 6. SECTION 5 - MISCELLANEOUS Paragraph 5.1 Reuse of Documents - Delete entire paragraph and insert the followings 5.1 Ownership and Reuse of Documents 5.1.1 Ownership of Documents- All documents, including but i. limited to drawings, specifications, reports, designs, drawings, and surveys, prepared by ENGINEER pursuant to this Contract are instruments of its services with respect to the Project. All such , instruments of service shall be property of OWNER, and may be used as the OWNER desires but at OWNER'S risk, without restriction, copies of the instruments of service may be retained by ENGINEER. , ENGINEER shall be liable to OWNER for any loss or damage to any such instruments of service while they are in the possession of or while being worked upon by ENGINEER, or ENGINEER'S employees, ?r offiears, agents, subcontractors or consultants. All instruments of service so lost or damaged shall be replaced or restored by ENGINEER without cost to OWNER. Upon completion and final accept- anee by the OWNER of the Services, or upon termination of this contract pursuant to paragraph 5.40 ENGINEER shall, within fifteen (15) calendar days following final acceptance, or the termination notice date, whichever is applicable, deliver to OWNER all Such Instruments of services except such copies as are to be retained by ENGINEER. 51162 Reuse of Documents. OWNER understands that the instruments of service as defined in paragraph 5.1 are not intended or repre- sented to be suitable for reuse by OWNER or others on extensions cX 4, v, of the Project or on any other project without specific written verified approval or adaptation by ENGINEER- Any such written verification or adaptation by ENGINEER will entitle ENGINEER to further compensation-at rates to be agreed upon by OWNER and ENGINEER, ENGINEER shall have no liability for the reuse of such instruments of service without writtf'n verification or adaptation ' by ENGINEER or for changes node to the instruments of service by A-4 t. r i "e r t other ENGINEERS subsequent to the completion of the Project. Any such change shell be sealed by the ENGINEER making a change and shall be appropriately marked to reflect what was changed or modified. OWNER hereby acknowledges that use of instruments of service for projects other than that project for which they are prepared incurs the risk of improper application of design, OWNER agrees to indemnify and hold harmless ENGINEER from any claims against ENGINEER, its officers, employees, agents, assigns, subcontractors and subconsultants arising out of the OWNER'S use of instruments of service on any project other than the project for which they are prepared. 7. Paragraph 3.5 Controlling Law - Delete entire paragraph and replace g}' with the followings r a ;?i "This Agreement is to be governed by the law of the State of Texas," n1 Y` 'f Add the following to Section S - Miscellaneous: S.B Indemnity r r S.B.1 ENGINEER agrees to defend, indemnify, and hold OWNER is ,rf officers, agents and employees whole and harmless against any and all claims for damages, loss, judgements, liability, costa, ex- panels, including reasonable attorneys fees and interest on 3+ " account of damage to any property and injuries, including deaths to ail persons that may arise out of, or be occasioned by or from ,j any negligent act, error, or omission of ENGINEER or any agent, servant, employee of ENGINEER in the execution or performance of this Contract. 3.8.4 OWNER agrees to defend, indemnity, and hold ENUINEER its officers, agents and employees whole and harmle l against any and all claims for damages, toss, judgements, liability, coats, ex- panels, including reasonable attorneys fees and interest on r x A-S J c ~ A t i' , i i { account of damage to any property and injuries, including death, to all persons that may arise out of, or be occasioned by or from any negligent act, error, or omission of OWNER or any $gant, servant, employee of OWNER in the execution or performance of this Contract, 9. Add the following paragraph to Section S - Miscellaneous: 5.9 Insurance: Prior to the time ENGINEER is entitled to commence any part of the services under this Contract, ENGINEER shall at ENGINEER'S sole coat and expense procure, pay for and maintain insurance written by com- panies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to OWNER. The insurance shall be evidenced by delivery to OWNER of certificates of insurance executed by the insurer listing coverage and limits, expiration date of policy, + a1d certifying that the insurer is licenses to do business in Texas or ceets the surplus lines requirements of Texas law. The insurance requirements shall remain in effect throughout the term of this Contract, The insurance policy shall include the following coverages and conditions by endorsements to the policy: (1) Yorker's Compensation as required by law, Employer's Liability i` Insurance of not less than $100,000 for each accident, r ` (2) Comprehensive General Liability Insuranc Inciudina Contractual Liability and Personal Iniurv Liability covering, but not limited to the indemnification provisions of this Contract, with limits of liability for bodily injury including death, of not less than $500,000 each occurrence, and with limits of liability for property damage of not less than $5001000 per occurrence and } z 91,000,000 aggregate. Coverage shall be on "occurrence" basis, l ' and the policy shall include Broad Form Property Damage Coverage, 4 (3) Professional Liability Insurance (including Errors and Omissions) with minimum limits of $100002000 per claim, A-6 r I l~ 4 ensive Aytomobile and Trv9k i`iskillty insurance, covering (4) Cpmoreh owned, hired and non-owned vehicles, with minimum limits of $250,000 for injuries to any one person and $500400 on account of any one accident, and with minimum limits of $250,000 each occur- rence for property damage (combined single limits coverage of not less than $150,000 each occurrence is acceptable), ruch insurance to include coverage for loading and unloading hazards. (5) $1,000,000 combined single limits bodily injury and property damage liability insurance, including death, as an excess of the primary coverage required above. (6) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-renewal or any material change in coverage, a notice thereof shall be given to OWNER by certified l mail tot Mrs Jerry Clark, P.E. City Engineer City of Denton City Hall ' S 44 215 East McKinney Street Denton, Texas 16210 (1) ENGINEER shall notify OWNER, within 24 hours after receipt, of any ' notice of expiration, cancellation, non-renewal or material change in coverage it receives from its insurer. r (8) companies issuing the insurance policies shall have no recourse against OWNER for payment for any premiums or assessments for any ' deductibles which are at the sole, responsibility and risk of ENGINEER. (9) The term "OWN11" shall include all authorities, Boards, Bureaus, ; Commissions, Divisions, Departments, and officers of the City of Denton and the individual members, employees and agents thereof in A-7 t { F their official Cape" ties, and/or while acting on behalf of the City of Denton, j Other insurance" shall not apply to any in- (10) The policy clause 1~ held by OWNER, to any such future suranca coverage currently he coverage, or to 0WNER•S Self-Insured Retentions of whatever i nature, i (11) ENGINEER and OWNER mutually waive subrogation rights each may have to the extent Glint is against the other for lots or damage, , covered by the proceeds of insurance. , 10, Add the following to section S - Miscellaneous 'v 5.10 Failure to complete on Time. The calendar days for the ENGINEER to complete the project are based on receipt of Notice to proceed from the OWNER on or before April (106) calendar days are allotted for comple- is 1987. One hundred-six 1 following three taskst< tion of the Task I - Hydrology and Hydraulic Analysis and Alternatives t Task It - Geotechnicsl Report Task III - Production of Plana and Specificatiocs for Woodrow Lane ' One hundred-six (146) calendar days are also sllottei for Task IV, Production of Plans and BpecificationG1fo1987~niT+~ rV+ SarsicesgDueing with Notice to Proceed by September the scheduled constt.ction of ' will be provided during + Construction, sad the September 1► 1981 and February 1, 1988, Woodrow Lane between ! and May 15, 1988+ GF, «tF'' construction of burning Tree Lane between Tebrusry for rfii each calendar day that the work shall remain uncompleted after the allotted calendar days for each task have been ezceedad, the sum of Oae Hundred Twenty Dollars (3120) per calendar day will be deducted a +M from the monies due the ENGINEER. The number of e:aleadar days, as specified above, shall sot includes A-8 ~ tas . is , o time for the Reotechnical Consultant to provide the Soils i Report, o time for OWNER to review, f{ o time for OWNER to obtain reviews or permits from other governmental agenciesp j o time for OWNER to obtain permission to survey on private property, o time for OWNER to schedule meetings with Town Council, o time for OWNER to schedule public hearings, and f tr' o time for OWNER to provide field survey information. The number of calendar days, as specified above, shall be extended fort I n increased time granted by the OWNER, o increased time due to change in scope of work authorised by the ' OWNER, o inclement weather preventing field surveying or soils borings, o circumstances beyond ENGINEER'S control, including but not limited to, "Acts of God." The ENGINEER will promptly notify the OWNER in writing when such a delay develops and include a request for extension of the contract time. 4 D' The extension will be automatically granted should the OWF.'EA tail to res,o~d In writing to ENGINEER'S request within five (S) working days from time of 3; r receipt of said request. The work shall be considered complete upon acceptance of final plans and bidding documents for each bridge site. t, r,l bt , IJ I I a, II 4 I 'a ; s i, . . ...»»....«.«.w.»».».. »...._......w...».....«..«.«......»....»_._......... w..... w, IIAM All VECtnuuaN ••MNJtw 1111 LANE = I TASK I k1f I M, or l rI1MCIll W. 11 /.1. 1111.1. f. I "Aft. I utl. I CAOI *I I I I TITLE 110111510 t M 1 M I W I M I M I III tat I WITOTALI I ! ....a..,r1 I COdJ MEEI i 1 1 1 1 I S I t 1 1 1 1 1 1 I 1121131 I I 1 I I t ! ~ ; I tKAKINI RAIN I I I I I ! t i f f I CNANNI WAIN AM ItMAL I l 1 1 1 11 1 1 04 1 10 1 I I I I I emmm«RM I WIII I 11 I I 4 1 11 11 1 401 6 1 I 1 I DWM UCTIOM So DETAILS I 1 1 1 1 I I 2 1 a I W I 1 1 1 I I 1/11 KNI AM TWIM 1 1 1 1 1 1 1 1 1 1 4 1 1 I A I I IICLINEI d ILM WAII I 1 t f : I I I I t 13101k ••t11AlIQ RAM 1 t 111,710.61 I I I I I t I 1 i I IAWM RAM t I I I I I I 1 I I I ICON "AI6Mt AM Two I I I 1 1 1 1 4 1 21 f 121 4 1 I 1 `k I FAVIM••RMI F10FILI I l l 1 1 2 1 1 1 21 I 321 I t I I 1 Falls IITATU 1 l l I I t l 1 1 11 t 321 6 1 I 1 1 W1101A1 ••rAVIM RAM J 11,111,17 f I I I t t I I t f 1 I "IM SAW ON PAN 611011 1 t 1 s I I I i I I I uw 1 11 71 I1 11 21 III I I t I CaTMI tIJYAtidl s I I I 1 1 / 1 24 ! l{ I 1 t I I AMSIACN ! NI#. 31411.1 I 11 I I I 2 1 21 1 12 t 1 I I F I CMNIt I its. multi t I s 1 1 1 2 I 21 1 21 1 1 I 1 45 I LAI I ol"U-IWI I Its t 1 ! I I 4 1 4 1 1 I t I Itln 1 AJNIINIF-tllrt I Ito I I I t I I t 1 1 t I t I 11'11 CI IAn• tlWt Jill I 1 I I t 1 1 4 1 I I I I 00 401KI OITATU••IM1i Jill I I 1 1 t 2 1 6 1 1 ! I ~ 1 ~ I 1 I 1 } I I I 3 I t ! ! 1 1 I I t I I MNFO}At "IOM RAM 1 q,101.16 ar c' I t I I I I ! 1 t S t + 11aECfrltAtlOri I I I / I 1 1 1 1 11 1 1311.92 1 I MIJIIM 1M1 l11t1, III um 1 t I I I I I I 1110,04 1 I C r4 I I .......t ...__I .»_.q «..».I «...»t «.»..f .»..«f .........w.f ..._«..wl tl I TOTAL 1 1mm I U 1 7 1 21 1 42 1 201 711 I 1 1 Ilara I f I I I t I I I MLAIt COlr I t I I I I t 1 121,86,6) I t $ I TOTAL 0011 TAU 20 WI11M Im I I I S i I I 1121,6%,11 1 1 .ASK • •~w.w.._..«ww.»__«.w............_._»._...»...»»...«. , I KINICIII MINI MTMXIICN 1 I la"OII LAR HIM I 1 I o r ° 1 I Willie SIR MITI t I t 1 1 1 I 7 1 I FINAL I"PlIctid Molt I I 1 1 I 1 I MANIA 1111 LAM HIM 1 I t 1 I 141110111C Sitli VIII IS I 1 I 1 i I I FINAL IMK011d !III? I 1 I t I I6TAL rAlffm 1 16 t I2 I I I t ( ! I 1 I SALM CUT 1 12,197.31 I 1 1 •••_'-•••••1 I TOTAL Cat TANK I IIJYICII MAIM COMTWtIION I 12,113.31 t ° ............»...«.........w...._ 4111. tMtwilm K"Icu 1A 11 I,Tt.t!.i,11 I M ~ t 311,911.0 MAN tat SLLIMAI i ` I tA41 t tnllMatr I TA41It latuMIm 0,431." 0,431." I TAU 111 som IN 427,/A.N ' I fAf it Palms ml LAM „ 42l,6M.f1 ' q~ I Will V tllVIm MAITM CMNiWttld 41,193.31 A A, I IOtAI fApS 1,St,IiI,IV I I Ia,1IL1S ; ; I ORLON I Itll" AN31104 LAM FAMIAN _ Falls 'l I I~ I I t I I ! I t ~ t r I Std "AIKAII AM IINITI I I I 1 1 O= 1 1 21 I M I I t 1 I I IAaIM IEAIl1 ~nI ~ I I 6 1 J l 1 1 21 I h I 1 1 t I ° ~ I I I I J I I t !1 I If I I I 7 ~ ` t 1011041. RAM mom LAM .»...AIIM ...............................................................................................U.11F.11 r` r , , ! MI11E{ 01 YOIIt41011 lAt AM) ttAM1A TKE LAAE-KOVN, MAS A1Klt N. K4Lrr '1locien INC, PACK 4, 1"? 1. KVRMI I% FMIC N"1616 i AA ALTEINATIVEI f t VAIN I SKEII 110, OF I MINCILI Mi. NI I.l. 1 1.1J. I IWI, I KCI. 1 (AD$ AND 1 I I tiTll I RSET6 I M 1 NN 1 NN 1 M 1 NN I III 1 oil Coll I Iu1TaTALI 1 _ , .«.«...«1 + I.OItAIN 14411!1 I 0 t 1 1 1 1 1 1 1 1 t 1 1 3 ' I ~ i I CALI1b?I NDKI I / I 1 S 1 t 1 I 1 I I 1 I S 1 t3 1 IMDt I VCTIDNI 1 1 1 1 1 0 I 1 S I I i 1 I 1 t { 1 1 two ltMl I 1 1 1 I 1 I { I S S I 0 1 I t I KLECI ALIEAWTI'ATIl11Tn IEfMTt 0 1 0 1 4 1 2 1 I t 1 1 20 t 1200.1 1 1 ! I KIT DISH CITY I »I I 1 I 1 I I I 1 1 I 1 I I I ».I 1 I . I 1 ».....I _«....I .««..I 1 _...«1 _...I I TOTAL NK11EW I 0 I 0 1 n 1 00 1 20 1 1 I 20 I I 1201,00 1 I I I I I I I I 1 { I t"I call I I t I s I I t I N,ttL00 1 1 601VAl••IAK t N6X IM11 I I I I I I I l I N,wm I . » . 11. KDIEMIIM K MT••IT 11NEND W09TAL-1AK 11 Will KW Ir1011EU.COW"ATMCK 11 KII ADAM 1.111, »01,116.00 II'm 00 _ III, rum Am wwriaTion 1WK.'N IN I TAU I SKIT I A, of I MINK I fNal. 1. P.E. 1 C.I.I. 1 KAFt. I K". I (All No I I I TITU I SKIT1 I AN I NO I NA I IN I IN I NO I Ill MI I IultOTAU I « «...................................I _......1 t CDVEN WEn I I I 1 1 t M I S 1 1 tl I 4 1 I 4m.21 I i ~ I I 1 I I 1 I M i 1 1 k i Oww ILA. I I I 1 I I I I I i I GIAAN.1 CLW1A Mi lfMAL t l I 0 1 1 1 4 1 M 1 44 1 1 1 1 1 I CMANEt-RA1 f MOr1L1 I I I 1 1 4 1 11 401 Ill 1 1 I t i CRANIfI KCIIGA A" KIAILI I 11 1 I I I 11 70 1 40 s 0 I I 1 I LAAKAK AA META I I I 1 1 I I 4 1 i 4 1 1 t I I IINXNKI 01 KAN SWEET) I I I I I I I I I I WllallL --CKY TEL KAA I A I I I I I 1 I I f10,110.61 l . 4 I t I I I I I I 1 I I { I SAM - IAIEI IN IAN IIAKI i I I I I I I I I I I Is 11 41 4f 111 111 1 t 1 I CCONIM MA11tA41 I I I I 1 1 4 1 H 1 12 1 1 1940.01 1 I AlIlOACN f NIX. KTAILI I I I I 1 1 2 1 m 1 12 1 I 600.00 1 t i r 'r s emit 111K. KTAILI M I I I 1 t 1 1 10 1 11 1 t 1640.00 1 I I $AI I MK1••MNrt I Ill I I 1 1 1 4 1 4 t I I t 1 KNSI I AAIOMC OV-11 I I ITT I 1 I t 1 4 1 4 t 1 1 I I ITm 14 RAIL--IWI I Ill I 1 1 I t I I l I S t I I l AM AINT KIAILI••6DN11 I ITI I 1 1 1 1 1 1 11 t I ~ Yt" T~ I MfItAI MID" K A 4 112,115.71 ~ y; 1 I k 1 I t I 1 1 1 I a tll ' I i I I I I 1 1 1 I l ' 110ECIficUl" 1 I I I S I 11 1 20 I 1 11,41144 i 1 I MINIMA (MI IVA Ill Kill 1 I 1 1 S 1 1 1 0133.601 I TOM Numl10N I I I S I al It 1 144 1 IN 1 24 1 11,015.11 1 I i, I I t 1 I I 1 I I I t I l 1kAN1 tat i I I I 1 1 1 1 125,05,44 1 s , ~ i I I s t 1 I I I _..........1 ».........1 I Tom CKi IAi 111 NNW L491 1 1 I 1 I I 1 021,471.44 I I t ^ +1.~ r x't n { I ~r 14 + ~ I t v y w i1, T 5. f Y i i DATE: CITY COUNCIL REPORT.fORMAT march 23, 3987 TO; MAYOR AND MEMBERS OF THE CITY COUNCIL ~ FROM: LLOYD V. HARRELL, CITY MANAGER SUBJECT: Contract with North Texas Umpires Association RECOMMENDATION! F We recommend approval of the ordinance and contract with the North Texas Umpires Association. r SUMMARY: This contract Provides for officials for various adult saora leagues managed by the City Parks and Recreation Departmant. Y n, ~ I J e f, k t r BACKGROUNDi All charges for officials are the same as they were in 1986. The contract r k has no modifications from the one used last vear. r > . rj PROGRAMS a DEPARTt_ 1ENTS OR - GROUPS AFFECTED: Parks and Recreation Ueoartnent, adult snorts leagues. k N 4 r FISCAL IMPACT,: All costs are covered by fees charged for the nrogrim. a AFA J 0 ; RESPEC LLY UB I TEDt LLOYD V. HARRELL CITY MANAGER PREPARED BY: 4~ Steve Brinkman 5''';Ftl ITLE Director, Parks and Recreation j , C OVED. Mn Vii, r 1 a YAW I TLS JJJ . A d % f LX f k, r jn , 1398L k NO. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND DECLARING AN EFFECTIVE DATE, a- THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City and the North Texas Umpires Association, a copy of which Is attached hereto and incorporated A r by reference herein. SECTION II. h- y F That this ord.lnance shall becooe effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1987, R + 4 r .i a U IJ y ! s v x,J RAY STEPHEN9, MAYOR f CITY OF DENT00 TEXAS i ATTEST: y... JENNIFER WRTERS ACTING CITY SECRETARY CITY OF DENTON, TEXAS M1`' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY C ITY OF DENT N 0 , TEXAS , , BY. 1 S~ r, A 4 { r 1398L F TEXAS S AGREEMENT BETWEEN THE CITY THE STATE 0 OF DENTON AND THE E NORTH TEXAS UMPIRES ASSOCIATION COUNTY OF DENTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and the North Texas Umpires Association, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the ere na ter designated services and Contractor agrees to perform the following services: A. Schedule officials to officiate softball games for City leagues; Contractor agrees to limit officials to two (2) per game unless agreed otherwise prior to game. Rr' 2. COMPENSATION TO BE PAID CONTRACTORre: City agrees to pay Contractor or the services performed eunder as follows; A. Amount of Payment for Services: ' • Twenty Dollars ($10.00) per team scheduling fee. s, Ten Dollars ($10.00) per official per game at slow pitch leagues. Fifteen Dollars ($15.00) per official per game at fast pitch leagues. Five Dollars ($5.00) per scorekeeper per game. C. Dates of Payment: Within four (d) weeks after services are rendered for each game, during the term of the contract, which shall be from March 300 1987 through . , November 1, 1987, 3. SUPERVISION AND CONTROL BY CITY: It is mutually u understood an agree by an between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for z the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee ,i j 2 benefit. The City shall not have supervision and control of Cuntractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. a b. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. S. INSURANCE: Contractor shall provide at his own cost and expense woes compensation insurance, liability insurance, and all other insurar.:e necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement, " y'. 3 7. TERM OF CONTRACT: This Agreement shall commence on the 30th day o March, 1937, and end on the 1st day of November, 1987, 21 9. INDEMNIFICATION: Contractor hereby agrees to hold harmless an Indemnify the City from and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of property arising as a *esult cf any act or omission of Contractor in the course of ierforming the services provided for in this agreement. EXECUTED the this day of 1987. d CITY OF DENTON. TEXAS BY, r' RAY S, MAYOR f J , C 1. 1 ]'AGE Two ATTEST: a a 4 JENNIFER ER ACTING CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ' 'F, BY: c `c1-Ck_ t~?, t NORTH TEXAS UMPIRES ASSOCIATION 1 c' BY. ~'JER That Paul Leslie is hereby designated as the person to administer the provision of this agreement, [ry f DATE RAY ° , MAYOR S's yj. rr 1 i:• ar PAGE THREE f+ Ff 11 ~ Y DATE: t March 23, 1987 CITY tOUYCiL REPORT FORMAT T0; MAYOR AND ('MEMBERS OF THE CITY COUNCIL ' FROM; LLOYD V. HARRELLA CITY MANAGER Contract with Denton Bovs Baseball, Inc. SUBJECT: RFOMMENDAT I ON We recommend approval of the ordinance and contract with the Denton Boys Baseball, Inc. This contract provides for the cost of officials involved in the Denton F " Bovs Baseball, Inc. program for 1987. This contract is the same figure as last year and funds will be used solely for officiating expenses. ~r ^ . ' pg(1MS, DEPA TI ELNTS OR GROUPS AFFECTED: Parks and Recreation Department and the Denton Boys Baseball, Inc. a r is Budgeted from the Parks and Recreation Department budget. Funds will be expended for this program. a^ 4EIPE LLY. SU TTED; HARREL L •`Y` t" CITY MANAGER PREPARED BY; 1< 141 TITLE Director, Parks and Recreation u APP D! r T jF~' a ~ 't IT E k .nY' .wL.p ~I g r3 I'}. w 0322L i NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BE- TWEEN THE CITY OF DENTON AND DENTON BOYS BASEBALL, INC. FOR ; RECREATIONAL PROGRAMS SPONSORED BY THE PARKS AND RECREATION DEPARTMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author ze an directed to execute and attest, respectively, the contract between the City of Denton and Denton Boys Baseball Inc., under the terms and conditions contained in said contract which is attached hereto and made a part hereof. ' SECTION II. That the City Council authorizes the expenditure of funs n Me amount of Eleven Thousand Five Hundred and No/100 Dollars ($11,500.00) as specified in the attached contract. K + SECTION III. That this ordinance shall become effective s 1; immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1987. n „1 ,ti'u y 1 l I a : ~'.L,~ STHENS MAYOR CITY OF DENTON, TEXAS .•Y0. Y •'R ATTEST: Y 3 1 y . JENNIFER WALTERS ACTING CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM] DRAYOVITCH, CITY ATTORNEY yf CITY OF DENTON, TEXAS BY: Z1,111111ev, 4WOU 0322L g , { THE STATE OF TEXAS I CONTRACT BETWEEN THE CITY OF COUNTY OF DENTON S DENTON f, DEN70N BOYS BASEBALL, This Agreement made this the _ day of I by and between Denton Boys Basebai'l, Inc., here na ter referred to as the Organization," ,nd the City of Denton, Texas, herein- after referred to as "City," each acting by and through its authorized officials, pursuant to the following terms and conditions: r. DEPOSIT OF FUNDS BY CITY Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, r+" itemizing its anticipated expenditures and income for the from April 1, 1987 through August 30, 1987, After approvaliof the Organization's proposed budget, the City agrees to deposit u with the Organization on April 1, 1987, the sum of Eleven ' Thousand Five Hundred and No[IOO ($11,500.00) Dollars to be used solely for officiating expenses by the Organization. The City shall make such payment solely from current revenues in the budget of the Parks and Recreation Department. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: It will establish a separate bank account for deposit of the Eleven Thousand Five Hundred and No/100 paid to the Organization by the City and the only 0expenditures $l from this account, until such time as said funds are exhausted, shall be for officiating expenses. Organization shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. " B. It will establish, operate, and maintain an account x= system for this program that will allow for a tracing of funds and a review of the financial status of the program, C. It will permit authorized officials for the City of Denton to review its books at any time. t. P r , i D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted. t E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the lst day of September, 1987. G. It will refund the balance of the special account to the % j City of Denton prior to October 1, 1987. H. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. 1. It will appoint a representative who will be available to ' meet with the Director of Parks and Recreation and other City officials when requested. J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. K. It will provide que..lifted persons to officiate at all games sponsored by the Organization. Such officials shall be ` hired as independen• contractors and not as employees of the Organization. L. It will obtain releases from those officiating at games ' which will release, indemnify and hold the City and the Organization harmless from any and x.11 claims for injuries or - 71 damages sustained by such officials or sustained by third ' parties due to the acts or omissions of such officials. a'. 3 III. ~ORGANIZATION AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the City. The selection, retention, assignment and control of Organization's employees shall be the sole responsibility of Organization, DENTON BOYS BASEBALL, INC.-PAGE 2 r j IV. CONFLICT OF INTEREST Any officer, employee or member of Organization who may also be an officer or employee of the City shall be prohibited from ! exercising any control or authority, direct or indirect, over ! the administration of the provisions of this Agreement either on ! behalf of organization or the City. 4 1 V. DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify organization of such failure in writing. Upon receipt of such notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default is not corrected within ten 10) days from receipt of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all funds remaining in the above-referenced account shall be immediately returned to the City. Vt. MISCELLANEOUS PROVISIONS A. Entire A regiment. This agreement constitutes the entire understanding etween the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Assignment. This agreement shall not be assigned except by the wr tten consent of both parties hereto. C. Governing Law. This Agreement is to be construed in accordance w 1t tsa aws of the State of Texas. •.3 D. Notice. Any notice given by one party to the other in connect o n ufth this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with pe,atage prepaid: Notice to City: Notice to Organization: Steve Brinkman Ronnie Roberts Parks $ Recreation Director 1207 Bellemead 321 East McKinney Denton, Texas 76201 Denton, Texas 76201 DENTON BOYS BASEBALL, INC.-PAGE 3 I Y y, D IN WITNESS WHEREOF, the parties have executed this Agree- j went this day of 1987. i CITY OF DENTON, TEXAS t f 9BY: RAY STEPHENS$ MAYOR ATTEST: S JENNIFER METERS 4; ACTING CITY SECRETARY CITY OF DENTON, TEXAS P b; S Pk ti APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS r to i //////"///`--~~Illlr»>✓✓✓///((('/l~n~~/ '•4. BY. . y .x DENTON BOYS BASEBALL, INC. F r~ 9 BY. 00~4,~~ r I hereby designate Steve Brinkman as the City's representative Jr to administer the provisions of this Agreement. 151 ^r 1 ME LOYD IV. RARRELLs CITY MUM 7 DENTON BOYS BASEBALL, INC.-PAGE 4 i E <f Wn adn i CITY of DENTON, TEXAS Civic Center/ 321 E. McKlnnsy/ Denton, TX 70201 CITY OF DENTON PARKS AND RECREATION BOARD MEETING MONDAY, MARCH 30, 1987 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Mike Campbell, Chairman Rita Pilkey Catherine Bell STAFF PRESENT: Steve Brinkman, Director, Parka and Recreation Alicia Mentell, Superintendent of Leisure + Services Chris Smith, Administrative Assistant Joy Hesch, Senior Secretary E+ ` 15 u, GUESTS: Jane Malone, Denton Soccer Association Ronnie Roberts, Denton Boys Baseball, Inc. Gary Matheson, Denton Boys Baseball, Inc. Randy Miller, Denton Girls Softball Association 1. MEETING CALLED TO ORDER y The meeting was called to order by Mike Campbell, Chairman. II. APPROVAL OF MINUTES FROM LAST MEETING On a motion by Rita Pilkey, second of Catherine Bell, the minutes of the meeting of February 23, 1987, were approved. III. OLD BUSINESS ' 1. Approval of Denton Boys Baseball, Inc. Contract: s Rita Pilkey moved and Catherine seconded that the kt contract wlEh the Denton Boys Baseball, Inc. in the • T, amount of 11,500 for officiating expenses be approved. Motion passe unanimously. d 1'Q.~l'02tQ'I~ gala/ ~Z~~dal ~tma~~ ~ti~~ : E a:; • P Oonton Perko and Jloeroadon / Denton, 7,9xoo / !8 f 7) ~!0•fl70 A 5 i r i Parks and Recreation Board Meeting M4rch 30, 1987 Page - 2 a 6 2. Review of Youth Sports Standards: Mike opened the discussion by asking the representatives j of the youth sports associations who were present to !I comment on the different points brought out in a memorandum from Paul Leslie to Steve Brinkman concerning standards for the youth sports associations. Ronnie Roberts said the Denton Boys Baseball, Inc. would have problems with items 3, 4, and 51 Jane Malone and Randy Miller said their associations would have a problem with item 5. Also discussed was the item dealing with the need for the associations to carry liability in the amount of $100,000 with the City of Denton listed as an additional insured on their policy. It was suggested that the associations contact Harlan Jefferson, the City's risk manager, for more information. 3. Status of Voluntary Parkland Dedication: Steve reported that a meeting with developers had been held. He said the developers wanted a six month grace period, but the City countered with a three month grace period. The developers will get a proposal to the Park x f.;f Board within three months. It was the consensus of the Board to agree with a three month extension. IV. NEW BUSYNESS e 1. Recommendations for Capital Improvements Program: Steve said he would like the Board to be considering capital improvements for 1991-92. V. ADJOURN p I• The meeting was adjourned without a motion. rl 1 .t. I 1783L t r NO. AN ORDINANCE RENEWING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF DENTON AND DR. KEITH KREIN FOR PROFESSIONAL SERVICES RELATING TO s THE CITY EMERGENCY MEDICAL SERVICE PROGRAM; AND DECLARING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton approved a contract with Keith Krein, M. D., as Medical Director of the Emergency Medical Service Technicians, on April 18, 1986 for a period of one year. SECTION 11. That the City Council and Dr. Keith Krein desires to extend s said contract for an additional one year period beginning 4 F, February 1, 1987 through January 31, 1988, a copy of which is. attached hereto and incorporated herein by reference. SECTION III. a` i y r 1 ,v5 That this ordin ica shall become effective immediately upon ~F its passage and approval. PASSED AND APPROVED this the day of , 1987. 14' - a s Y TS G . r ~x1 RAY STEPHENS, MAYOR sir CITY OF DENTON, TEXAS r . r ATTEST: 1 ; ACTING CITY SECRETARY' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: t„ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY " CITY OF DENTON, TEXAS F ` 1.',4 ~ r ,,.'.."w i...... ] n. .:".v Y•N h. +A'!. oM Y\bk 1 M E M 0 B7-011 MAR - 4 JWT DATE: 03 March, 1987 TO: Mr. R. Svehla, Assistant City Manager FROM J. L. Cook, Jr., Fire Chief RE: Medical Director's Contract Please find attached a copy of the City's contract with Dr. Keith Krein for pro- fessional services as EMS Director. The contract expired 31 January, 1987. It Is my recommendation that the contract be renewed with the only change being % In Section I. 1 recommend the deletion of the word "Technicians". Thank you for your consideration in this matter. T /a A ~ i 7 t' Nl t i' t, Y V+ Y - f Fd, f J ~i Sa r ~ tt i .a4. . ! i. ,1 1 I ! 4 y ~ {p p R 1 THE STATE OF TEXAS § EMPLOYMENT AGREEMENT COUNTY OF DENTON § BETWEEN THE CITY OF DENTON AND KEITH KREIN, M. D. j WHEREAS, Chapter 197 of the Medical Practices Act provides that each facility providing emergency medical service should have a physician licensed by the State of Texas who is respon- sible for certifying the skills of the Emergency Medical Service Technicians and for supervising the Emergency Medical Service Technicians; and WHEREAS, the City Council, has appropriated, in the 198:-86 budget of the City of Denton, Texas funds for a medical director, t to perform the above services; and WHEREAS, the City and Dr. Keith Krein wish to enter into an agreement providing for Dr. Krein's professional services; NOW, THEREFORE, the parties hereto agree as follows: SECTION I. The City of Denton hereby engages the professional services I of Dr. Keith Krein as Medical Director of the Emergency Medical Service Technicians of the (3ity, to perform the duties and responsibilities set forth in state law and in this agreement. sECrT 01 k The City agrees to pay Dr. Keith Krein, hereinafter referred to as Medical. Director, for his services an annual salary of Sixteen Thousand Dollars ($16,000.00) payable monthly for approximately twenty (20) hours service per month. SECTION III. The Medical Director shall perform the following services for the City of Denton Fire Department Emergency Medical Service Program: 1. Periodically review, evaluate, and update the ! emergency medical services protocol. 2. Establish and administer a continuing education program for Denton Fire Department Emergency Medical Services personnel. 3. Review records and evaluate the performance of Denton Fire Department paramedics. 4. Evaluate and update Denton Fire Department Emergency Medical Services field procedures. 5. Interact with area physicians and inform them of any changes in procedures and answer an may have regarding the Denton FireeBDepartment Emergency Medical Services. 6. Assist with the administration of Emergency Medical Technician classes which are held by Denton Fire Department as needed. 7. Meet monthly with the Division Commander/0 erations and/or the Emergency Medical Services Coordinator to discuss, evaluate and direct the opperations of the Denton Fire Department Emergency M~adical Services. r' 8. Prepare an annual report for presentation to the Denton City Council on the past year's performance of the Denton Fire Department Emergency Medical Services program and the present and future needs of the program. SECTION IV. The Medical Director shall serve at the pleasure of the Fire Chief of the City of Denton. SECTION V. This Agreement shall be offective February 11 1986 and terminate January 310 1987. The parties hereto agree that this Agreement may be extended for additional one year terms by PACE 2 s, notification in writing from the City. SECTION VI.' The Medical Director agrees to be responsible for maintaining malpractice insurance coverage. It is understood between the parties that City is investigating available insurance coverage for Medical Director and that City agrees to use its best efforts to ensure that coverage is available under the City's policies. CITY OF DENTON, TEXAS .,r r ~ .r K BY: ACTING CITY rIANAGER ATTEST: 1 i5 61, ~1. Y , A ♦ , uITY SECRETARY f h . 4 '~Y' a b APPROVED AS TO LEGAL FORM: 1. . "1. MEDICAL OIRECTOR BY: AA ELTH lKKELN PAGE 3 r~ y1'' E p CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M T0: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Assistant City Manager ' { r uF DATE: April 2, 1987~i i SUBJECT: Contract with Dr, Keith Krein 4 This will be the second contract that we have had with Dr. Krein. He has served as our medical advisor for the last couple of years. The staff at the Fire Department is very „ satisfied with the information and training that we are getting 0 V4 from Dr. Krein. We would suggest that we continue with this n kind of arrangement as Chief Cook's memo indicates. `w ,'If you have further questions, we would be ha .y 1 Y PPY to try and visit with you about them Thursday. 1 rzdA Ric Sveh Assistant City Manager tlr r ~ r y } r { t y, 3433m 1 r nr 4 r r rj} w nr 1 k~ rz ,r r' S 'rI _ ~~'t4h, l•' `♦""'~~'°~'~+Mil.~rnlwWMnKyMaFw~M~ .a.dN~~ .MWd1krV~ir ws.,n.r•..av. .v...-♦n.r.an.MT~ I I e'y vIJ ~a~ i { I'A i G" r Y 1~ f t J ' I 1 Y~{ 1 'I y _ 3 I , r 1784L 17• i AN ORDINANCE OF THE CITY OF DENTON, TEXAS 0ENDING SECTION 24-131 OF CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL CONFLICTING ORDINANCES; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 24, Article V, Section 24-131 (c) of the Code of Ordinances of the City of Denton, Texas, be and the same is hereby amended as follows: Section 14-131. Impoundment of Standing or Parked Vehicles. y,± (c) Subject to the provisions of section 24.131.1 hereof, a vehicle removed and towed under the authority of this section shall be kept at the place designated by the police department until application for redemption Is made by the owner or his authorized agent or other person i+ legally entitled to possession o the vehicle.. The a " police department shall require adequate proof of owner- ship or proof of the right to possession of the vehicle, k The fees for towing and storage of vehicles are as follows: ~ r r `1 s (1) Towing Fees: As established by the towing service rR ordinance, as amended; F (2) Storage Fees: a. Cars and motorcycles 10.00 ' Pickups $per day after forty-eight (48) hours b. Semi-trucks X15.00 per day f c. Tractor/trailer $1S.00 per day/per unit r (3) Impound Fee: $15.00 SECTION II. a That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or appplication thereof to any S person or circumstance is held invalid b any court of competent jurisdiction, such holding shall not affect the validity of the . y` J i F remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. All ordinances or parts of ordinances in force when ►h') provisions of this ordinance become effective which are incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict, t SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. 'r } PASSED AND APPROVED this the day of , 1967. , ~w 'ye r pp \ 7 f. k } r~ CITY OF DENTON, TEXAS ATTESTi 4 ~ k u n ACTING CITY SECRETARY i CITY OF DENTON, TEXAS 1 R APPROVED AS TO LEGAL FORM: .r DEBRA ADAMI DRAYOVITCH, CITY ATTOR14EY CITY OF DENTON, TEXAS IL ; i 3. X; BY, { PAGE 2 1 .l i r r 1 CJTYof DENTON, TEXAS ,IUNIC(PAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (811) 566.8200 M. E M O R A N D U M ' a;' I T0: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Assistant City Manager 04 DATE: April 2, 1987 max, SUBJECT: Impound and Storage Fees f;i i r ~ 1, 1R rlr Attached is an ordinance and some backup information from '<+«1. "''Y Sergeant Clovis George indicating fees for storage and impounding vehicles which the Council talked about when they , raised the fees for towing. These fees match up well with % adjacent cities. We have placed them on the Council agenda at the request of Council. If you or the Council have any further questions, we will be be , " r. happy to try and answer them at the Thursday night meeting. ,t ~1 1 . a1 1^' y b Ric sve f a*,b s~9' Assistant City Manager sj R t t~+ J 3411M a 1ajt~t~ b r b b r.., r q kk1 ~ i, .'r N y 1 ~:~y 111 ~I 1.1N..E71:IN+IWiAk~ ' ~ t x~,'? J ~ ~ ~ i y,..r.....` - ...~n+.+i+~e..wwi/a,.r.=""ro.. nnw..w~nl....... .,.w.avge+amN'~vaunnnr+,s++SrNMGFwM1+raW. 4 1 4 t 17 CITY OF DENTON MEMORANDUM a Rick Svehla, Assistant City Manager ' FROMs Hugh Lynch, Chief of Police SUBJECTi Wrecker and Impound Fee Recommendations 4 DATES February 19, 1997 Ak Attached are our recommendations regardinrovedcand implemented as t, and iMPOund fees- ` ; ~ request that these xecc+nanendationa be aPP w " practical. '4 i IN ugh nc •`Chief of Police i r +i . av , ~4 a s +S' I{ I ~ { 1 r F p i e + 'i~ . Y t Sai *+w,.+wk iF ai..:.,rv4~vr:L.e s,rv:wws~'tAi fw: Yi 1*04K61WwaNt '111~4v,'11rMF j?` i t r ~1 { f ~ r l DENTON POLICE DEPARTMENT MEMORANDUM i TO$ Hugh Lynch, Chief of Police FROM& Sgt. Clovis George DATEi February 18, 1987 5UBJ£CT~ Recommendation for Fee Increases Vehicle Storage and Impound Fee a r, t Presently the City charges $2.50 per day storage, after 72 hours, for impounded vehicles stored in the Police Auto Pound. A $13.50 impoundment fee is charged for each vehicle impounded. These fees °8 t have not increased in several years. I submit that the City Ord- ' inance regulating these fees should be changed to reflect the It I ' followings 'irr, r k Store e: 110.00 per day after forty-eight hours for cars, pickups and motorcycles. ~ w' $15.00 per day for semi-trucks $15.00 per day per unit for tractor/trailer mgound Peer $15.00 4 Y~,rr ; I feel these lees are reasonable and are consistent with fees charged by other cities in the imediate area. ytrw } } r,, Respectfully, ii' Y . 9 1 Sgt. Clovis George Special Services ~ x 111 t'l~ 'Y wuR VI, I v1% u r S~ fin: ri III IT, di -i F ~ Y •~••'7S YS ♦ . It. i ~ i` i i J, I It I G DENTON POLICE DEPARTMENT ftl MAR - 6W7 MEMORANDUM < i 0 TOi Hugh Lynch, Chief of Police FROM Sgt. Clovis George I DATEi February 13, 1987 SUBJECTt Towing Fee Survey Six police departments were surveyed and the results are as followai 1. Are wrecker services regulated by City Ordinance? All agencies answered 'Yes' to this question. 2. Fees charged? ARLINGTON ' 'lbws $40 - $07.50 depending on zone i1 Dollies $27.50 Storage fees $8 day, $20 tractor/trailer GRAND PRAIRIE Tows $30 small, $65 heavy duty Dollies $17.50` Storage fees 0 car, $10 truck, $10 per unit tractor/trailer r per day They are submitting a proposal to change them next month toi Tows $35 small, $75 heavy duty Dollie a $22.50 o Storage fees $6 impound fee, $7 1st 30 days, $10 day thereafter, $1S truck, r~ $15 per unit tractor/trailer ~ GARLAND t Tows $40 Dollies nothing " Storage fees $5 day MUG Tows $25 Dollies $12 Btorags fees $5 first 10 days, $30 each day thereafter a ,r r: February 13, 1987 1 ' Towing Fee Survey -page 2 I { LEWISVILLE Tows $45 Dollies $25 I Storage fees $30 day plus tax MESQUITE To its $35 - $50 if trailer used for motorcycle Dollies $17.50 Storage fees $8 day w YAry Clovis Geor s, Sergeant art Special Services R` . 1: a t, ~ I M1 A e 1 Y to C P ~dti '"tai bK y~ 1y~~ i" ~~~`f'a• ~ ~ I r~r 111 1. tiA ~ iq~ q r; t . 14. 1 " t, a 14. F: yJ i Y, P ♦ t 'r ..iJ t' r^.I..'.:`r XiA f9ORA 0 -11*0I:W°'.1 ♦+r 1624L j NO. AN ORDINANCE APPROVING AN INTERLOLAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DEMON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN LHECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Deutoi, hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hertro and incorporated by reference herein, and the Mayor is hereby 9r" authorized to a., cute said agreement on behalf of the City. SECrION II. ' ' Tnat this ordinance shall become effective immediately upon its passage and approval. X ~rY t - M y V 9l ~h PASSED AND APPROVED this the day of , 1987. I 3~~ r P I 4 ~ II y 1 . , rx R y , MAYOR CITY OF DENTON$ TEXAS ,t c i ATTEST: >a ~ `or `'Pty°, ~ql', JENNIFER WALTERS e, ACTING CITY SECRETARY CITY CF DENTON, TEXAS APPROVED AS TO LEGAL FORM: k, DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY Or DENTON, TEXAS I;. 8Y s ~ , . 9~~LLdt ' t'r'~fKif,M A r:.f 1 f f A` t' n! CITYot DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 M E M O R A N D U M L t\ ' 1 ,A y ti Y 4 TO: Lloyd V. Harrell, City Manager FRCM: Rick Svehla, Assistant City Manager i+. +d D_' "E: April 2, 1987 ~I SUBJECT: Agreement with the County for Ambulance Service The Legal Department has been working long and hard to reach an „f v,r agr-ement with the County Attorney on the exact wording of this ~r 4 agreement. The proposed wording is as agreed upon by the f,. County. i~gav4~+ We had budgeted approximately $240,000 for the County A contribution this year. The actual contract cats for ` approximately $222,000. The difference in the amount results y from the County assessing $2.50 per person that we cover versus $2.70. In the preliminary discussions of the County budget which our staff attended, the County approved $2.70 per person. We are now told that in the final days of .`'S delibaration, they changed th-' from $2.70 to $2.50 - thus the r r ay+ $18,000 shortage. We would still recommend the contract. Currently, the County is paying us at older, lower rates based on less population Y ~kY under the old agreements. This contract will allow the County k~ir }t''1 Auditor to release additional payments for the first six months f. of the fiscal year. `y ~ w If you or the Council hava any further questions, we will be happy to try and answer them for you. i ~t r xr 1 ~ r 99 ~ t Y t 1)r,N ~1 I Rick Svehla ' ' Assistant City Manager til : 3412M f tY k i 1t~ b d .OFa iV M Ly' t r,\rl ~ NA y ,I. S 4J 11, kr, r. , { ,4 p 1~~:. DATE: 04/09/87 CITY COUNCIL REPORT FORMAT A TO., Mayor and M.)mbers of the City Council l PROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING ANNEXATION OF APPROXIMATELY 80.82 ACRES BEING PART OF THE JAMES COLTAR'f SURVEY, ABSTRACT 288, AND LOCATED NORTHWEST OF LOOP 288, I NORTH OF KINGS ROW, AND WEST OF FARRIS ROAD (A-42) k RECOMMENDATION The Planning and Zoning Commission recommended approval at its meeting of March 11, 1987. The Development Review Committee has reviewed the technical aspects of the proposed annexation and potential development and has no objections. SUMWY: The petitioners of this voluntary annexatiun proposal informed the City Council, Planning and Zoning Commission, and staff of their intention to request annexation and zoning of additional property when public hearings and review of zoning for an adjoining 115 acres was being processed (A-33). There are no existing land uses or dwelling units located on the subject property and the existing population is zero. The stated purpose of the annexation request is to provide for a forthcoming single family (SP-7) zoning petition. CKGROUND: The adjoining and previously annexed property (A-33) has been zoned planned development (PD) with a predominant land use of single family detached (8 acres of retail at intersection of Loop and Kings " ' Row). An elementary School on Farris Road is under construction and scheduled for Fall 1987 opening. PROGRMLS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, property owners. FISCAL IMPACT: Undetermined 3 I '.iii A-A2 April 9, 1987 Page 2 Rea ully_ )ued: 4 Harrell Llo Harr Prepared by: City Manager i " David gllieon `e Senior Planner Ve APD Jeff Mey Director of Planning and Development Y 15~ t S Y~' 1 Y ~w'. fir. fdpA! y i Ia d t I 4 i t, Ca _Za 1 y r h y Y'} yk ry~ ~dw r 7 i - n ~ I 1 i v r. <n ~ 20898 k 1 N 4 I 1b85L NO. _ AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 80.82 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE JAMES COLTART SURVEY, ABSTRACT NO. 288; DENTON COUNTY, < TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incorporated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Teasley Road Associates; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the a *3 day of M & r t l.. , 1987 in the Council Chambers for all nterested persons to state their views k and present evidence bearing upon the annexation provided by this ordinance; and i WHEREAS, an opportunity was afforded at a ublic hearing held for that purpose on the !zJ day of r o 1987 in the i Council Chambers for all -Interested p3isons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the tract of land described in said Exhibit "A" be, and the I same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound byy the acts and ordinances of said City now in effect or which may here- after be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SECTION II. The property described in Exhibit "A" ishereby classified as Agricultural "A" District and shall so appear on the official s zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held unconstitu- tional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, f, y S } illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining por- 1 s tion or Iortions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; E and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such in' effectil ness of this ordinance as to any such part or parts of any sucu area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included within the general description of terri- tory set out in Section I of this Ordinance to be hereby annexed i to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's F r jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such ex- cluded and excepted area were expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of 1987. PASSED AND APPROVED by the City Council on the day of 1987. RAY STEPHENS MAYOR CITY OF DENTON, TEXAS ATTEST: JENNIFER WAMT ACTING CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: rs~l a~ . A•42/TEASLEY ROAD ASSOCIATES/PAGE TWO 4 'r FIELD NOTES TO A- Vs. October 28, 1986 FIELD NOTES TO A-;s All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the James Coltart Surveys Abstract 288 and more fully described as follows: BtOINNIVO at a point in the present city limits, said point lying at the intersection of the Northeast boundary line of the tract described in Ordinance No. 82-6 with the Southerly Northwest corner of the tract described in Ordinance No. 86-88s said point also lying 600.0 test Northeast of and perpendicular to the center line of State Highway Loop 288; t THLNCI North 500 18, 19" West, (By Ordinance North 470 201 16" Vest) along the prevent city limits u established by Ordinance to. 62-6, 600.0 feet Northeast of and parallel to the center line of said Loop 288, passing at 312.39 test, more or loss, the tuterly West boundary line of a tract of land conveyed from J. D. Brown, et al., to Teasley Road Associated Five treat by deed dated June 2, 1986 and recorded in Voluse 1698, Pogo 404 of the D.R.D.C.T., saw being the last boundary line of a tract of land conveyed from J. D. Brown, et t wx., to Williams K. Borges and wife, Diane M. Borges by deed dated July 19, 1963 and recorded in volumes 123T, Page 328 of the D.R.D.C.T.s passing at 19377.6 test, more or less, the North boundary line of said Borges tract, sans being the Northerly South boundary line of said Teasley Road Associated Five tracts and continuing a total distance of 19901.50 feet to the beginning of a curve to the Lott with a radius of 6029.58 feet, a central angle of 9° 13, 10", a chord bearing and distance of North 540 541 53" West, 1sO1T.39 feet; THRUM Northwesterly, along said curve to the left and said present city limits, 600.0 feet Northeast of the center line of Loop 286, an are distance of 1,018.49 test to a point for concurs said point lying 600.0 feet Northeast of and perpendicular to said center line of proposed Loop 288, raid point also lying in the North boundary line of said Teasley Road Associated Five tract; THtNCt North 890 181 42" last along the North boundary line of said Teasley Road Associated five tract, a distance of 3,101.88 feet to a point for corner, said point being the Northeast corner of said Teasley Road Associated Five tract; k I THtNCt South 010 321 12" East along the last boundary line of said Teasley Road Associated Five tract, a distance of 684.39 feet to an angle point for corner, said point being a Northwest corner of the present city limits as established by Ordinance No. 86-68; THtNCt South 000 15, 49" test, (By Ordinance South 000 17' 26" tast)s along said, present city limits same being the last boundary line of said Teasley Road Associated Five tract, a distance of 10138.62 feet to a point ter corner, said point being the Southeast corner of said Teasley Road Associated Five r: 4 A-42/EXHIBIT A S e Flold Notes A-4Z October 28, 1986 Page 2 A tract, same being an inner all corner of the present city limits as established by Ordinance No. 86-88, said point also lying in the South boundary line of said James Coltart Survey, and the North boundary line at the Daniel D. Culp Survey, Abstract 269; ; THUCI 890 03' 43" West, (by Ordinance South 890 04' 05" West), along said prevent city limits sere being the South boundary line of said Teasley Road Associated Five tract, and said survey lines, a divtance of 829.11 feet to the pleas at beginning and containing 80.82 acres of land. r N Jj .M1 L. r 3~ r r° v M, q f'1 [ r s r7 i r d. r r r ~ x$ 9 a I L 71 J~ M.r 1 ~y f ry; r $ ,r Y '!S LTn I S Y(` '1 iVYm 1 L [y ~ 1 19318 y A-42/EXHIBIT A h r i i PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS t ' f WHEREAS, Article 970a as 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: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police i (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, Y>~ and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire r` s (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and 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 r ' (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 the City of Denton, Texas. E. Refuse Collection i; (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. `i 'u Service Plan Annexed Areas I Page two t F. Streets {i t (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 (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, i sanitation, etc.) will begin in the annexation area on the effective date of annexation. ` H. Planning and Zoning >r (1) The Planning and Zoning jurisdiction of the city ` will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. f r ,j'1y I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. 3. Recreation I (1) Residents of the annexed area may use all exis•ing recreational facilities, parks, etc., on the effec- % 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. { y r 4 y Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. Ii. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. ' I (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the ' annexation area will be judged accordingly to the same ' established crit•aria as all other areas of the city. V j , I'v ^F:'. fr 1. it. .1 r y t ~ 4Y i t °°Olp~ • Wars Chun Rd' ao G•~ • 40 m gotta m.circl• W V . a of Rd. 1 t FAI HARTIEE Hartl~i I=i~1d Rd;, e l A-42 42 A33 • a . a•-- Rd N l KI nos no ~ w": !!I , in r as ' too ?A / r tfn 1 O ` 3.0 377 f Ap } F a ra Ln._ :`•':#•.'•,y Involuntary Aanaxation i:•i. Z 8 S Voluntary Annexation t P 6 Z Minutes March 11, 1987 y Page 5 Riney Road that is being platted to determine requirements j I and cost of development. He said that the Development Re- i view Committee recommends approval with postponement of perimeter street paving requirements for Bonnie Brae Street as discussed in conjunction with the variance earlier. PETITIONER: Greg Edwards, Metroplex Engineering Corpora - t on, stated that he was available for questions. i DECISION: Mr. Escue moved to recommend approval of the pre im nary and final plat of the Texas Instruments Addi- tion, Lot 1, Block t, with postponement of perimeter street improvements for Bonnie Brae Street. Seconded by Ms. Cole and motion unanimously carried (6-0). C A-42. kequest of Teasley Road Associates for annexation ooaapproximately 80.82 acres, being part of the James Coltart Survey, Abstract 288, and located northwest of Loop 288, north of Kings Row, and west of Farris Road. STAFF REPORT: Mr. Ellison stated that the petitioners ~F t s vo untary annexation request informed the City Coui Al, Planning and Zoning Commission and staff of their intention to request annexation and toning of addition,' ` property when public hearing and review of zoning for to ' adjoining 115 acre tract was considered (A-33). He said ' that there are no existing land uses and no existing pop- ulation on this property. He added that no petition for a E change in zoning has been received and the Development Review Committee recommends approval. He said that the #F k' second public hea ing before the City Council is on the III 17th and there has been no opposition. PETITIONER: Brian Burke, Burke Engineering, stated that e was as ed to express interest in the proceedings of this annexation for Teasley Road Associates. DECISION: Mr. Claiborne moved to recommend approval of ' A-42. Seconded by Mr. Glasscock and motion unanimously f t carried (6-0). !I to I ~ i' r t i i , t A-42 i ANNEXATION SCHEDULE S i/ January 26, 1987 Submit City Council agenda item ✓ January 28, 1987 Submit City Council agenda back-up I February 3, 1987 City Council sets date, time and place for public hearing { i February 2S, 1987 Notice to Denton Record Chronicle for first public hearing March 11, 1987 Planning and Zoning Commission makes recommendation February 27, 1987 Publish notice and mailout for first public hearing yz ✓ March 2, 1987 Submit City Council agenda item ;S March 4, 1987 Submit City Council agenda back-up March 4, 1987 Notice to Denton Record Chronicle for second public hearing ✓ March 6, 1987 Publish notice and mailout for second , public hearing March 9, 1987 Submit City Council agenda item j/ March 10, 1997 City Council holds first public hearing at special called meeting ,Ft V' March 11, 1987 Submit City Council agenda back-up March 17, 1987 City Council holds second public k hearing ct regular meeting r ' y t-,'~March 30, 1987 Submit City Council agenda item t/April 1, 1987 Submit City Council agenda back-up April 9, 1987 City Council institutes annexation proceedings at special called afternoon r meeting April 9, 1987 Ordinance to Denton Record Chronicle April 12, 1987 Publish ordinance May 119 1987 Submit City Council agenda item ! May 130 1987 Submit City Council agenda back-up Ay May 19, 1987 Final action by City Council at regular meeting Denotes action by the City Council n964o + 1 z, J h ' 1727L ITO N 0. 'I AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF FAIN STREET TO SHERMAN DRIVE DURING THE ANNUAL SPRING FLING TO BE HELD MAY 2 AND 31 1987; ALLOWING BANNERS TO BE HUNG ABOVE PUBLIC STREETS; PROVIDING A S£VERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I ` When signs are erected giving notice thereof, parking shall be prohibited upon the following street in the City of Denton r to - Wit: ` Both sides of Carroll Boulevard two hundred and fifty feet (2501) north of Fain Street to Sherman Drive during the annual Spring Fling to be held on May 2 and 3, 1987. SECTION Ii. s;. That the portion of the above described street designated as temporary no parking shall revert back to the no parking zone } regulations immediately from and after the closing of the Spring r, " Fling on May 3, 1986. dh, SECTION 111. That permission is granted for banners to be hung above public streets within the corporate limits of the City of Denton. The banners shall be removed immedi 19el foorlo ingsthe closing of the String Fling on May 3, , as oon thereafter as possible. SECTION IV. Any person adjudged guilty of parking a vehicle in violation of this ordinance shalt ba guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). RS r r r~ SECTION V. That this ordinance shall become effective fourteen (14) I' j days from the date of its passage, and the City Secretary is rye ) I E ' I i t i hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987, RAY STEP EN , MAYOR CITY OF DENTON, TEXAS j 1 f i{ ' ATTEST" t4 r 'r +r JENNIFER WALTEPSO ACTING CITY SECRETARY CITY OF D€NTON, TEXAS ' 'Af „ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~0 CITY OF DENTON, TEXAS a ~1l By, 14 7~it r i ~7 3~,., f~l t!ry Jf '1 ~m 7 I ` %ry 'i I7 i ayTw„ v 1 r y 1 r r .k I r, ',~yy~. i { CITY&DENTONo TEMS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM c; 3,. • n t ~ I } r t,a TO: Mayor and members of the city Council t,. FROMS Lloyd V. Harrell, City Manager E• ( + DATEr April 1, 16, SUBJECTt SPRING FL1:' eANNFRS AND NO PARKING ORDINANCE "r a h 1 , is RECOMMENDATIONa r Due to the limited advertisement available to the Spring Fling Festival as a result of financial restraints, staff recommends assisting the tp" Spring Fling Festival in their efforts by allowing them to hang six (6) banners across public streets. Also, to avoid a severe traffic problem, u: V - Staff recommends the passage of the attached ordinance which would temporarily prevent parking on both sides of Carroll Boulevard from V I N/(~ A L A Sherman Drive to two hundred and fifty feet (2501) north of Fain Street on both days of the festival. ~ 'tr'y 2 r ' •^I * x •,w BACKGROUND s F s A This recommendation is in line with our practices of the past. For previous Spring Fling Festivals, the City permitted the hanging of banners, to announce the festival, and temporarily prevented parking on 9 Carroll Boulevard. Aa f, + Although the banners will present a potential safety problem for pedes- trians, if they are blown down, we have taken and intend to take further steps to prevent such an occurrence. First, the specifications for the banners were written to provide for heavy duty banner cloth t.nd durable no-stretch ropes. Secondly, we have made plans for our Staff to inspect j ~j tf the banners to assure they comply with the specifications. Thirdly, the installation of the banners will be performed by our Staff. And final- ' .FI ly, continuous patrolling of the banners will be done once they are I~ 1 F , rA h« ;l .a s j.7 ~ ,.cif, y y 4 . ~.t y ~ .a...,s .....,w.«.,..r.~~.c':r.auw~r',~•wwrc,,wrws~.wnlr. . ' V » .-....r...•uw~.._a•r •.-.jr.:Yli>.Ffl 3.i,~J'w ItV,TU Ati-,i'ta.ws<r , i ~rv f 1 ' r S i .l t' i i , 5~J I It, SPRING FLING BANNERS AND NO PARKING ORDINANCE April 1, 1987 4 Page 2 hung. In an attempt to reduce the risk that a banner may be blown down, all possible safety measures are being considered. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: E The primary persons or divisions which shall be affected by the accep- tance of this recommendation are the Cit.,Is Spring Fling Committee representatives, the Electric Distribution Division and the Transpor- tation Engineering Division. The Spring Fling representatives wrote the I banner specifications and will be required to inspect them. The Elec- trio Distribution Division will be called upon to place the banners in six (6) locations throughout the City (i.e., two (2) shall be placed on the Square, two (2) on Carroll Boulevard, south of the University intersection, and two (2) on Bell Avenue, between University and Texas Street) and remove them following the festival. The Transportation Engineering Division will place no parking signs in front of the fair grounds, prior to the festival, and remove them following the festival. The above-mentioned divisions and persons will be totally responsible for the banners and no parking signs. FISCAL IMPACTr { There will be no fiscal impact on the City. Respec lly submitte t Lloy V. Harrell City Manager Gj4 , 1,ti PREPARED BY$ Harlan L. J eon Risk Manag r PPRO D; ohn F eCrane Executive Finance Director l t % h ;v 111! ? Y1l P l L r. i ;1 , r 1615L 4 3 . t i NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF ~ THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON APRIL i 4, 1987. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the April 4, 19 7 regular municipal election was duly ordered for the pur- pose of electing four (4) councilpersons to the City Council of the City of Denton, Texas for Places 1, 21 39 and 4; that proper notice of said election was duly given and election officials appointed• that said election was duly held and the returns of the elect ~on officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION II. The official returns of the election officials having een opened, examined and canvassed, the Council hereby rl finds and declares that votes were cast at said election, and that the votes cast or each place on the Council were as follows: i ABSENTEE VOTING: ` FOR PLACE l: Carl Gene Young, Sr. votes Randall S. Boyd votes votes FOR PLACE 2: Ed Terry votes ' Robert M. "Bob" Gorton votes votes ;r FOR PLACE 3: Hugh Ayer votes votes gI FOR PLACE 4: Jane Hopkins votes votes d' • TOTAL VOTES CAST: " FOR PLACE l: Carl Gene Young, Sr. votes Randall S. Boyd votes votes z ' e~ FOR PLACE 1: Ed Terry votes Robert M. "Bob" Gorton votes 'v votes mf V r 7 1 f. ^ 1 ' 1 , FOR PLACE 3: Hugh Ayer votes votes f FOR PLACE 4: Jane Hopkins _ votes i votes SECTION III. The Council finds and declaros that each cardi- 1 date st-id-below received a. majority of the rotes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: { FOR PLACE 1: FOR PLACE 2: FOR PLACE 3: I 'ix FOR PLACE 4: and such candidates shall assume the duties of thair office on the date that they take the official oath of office. `e PASSED AND APPROVED this the day oL April, 1987. ; eJ I rI s, - a' `y CITY OF DENTON, TEXAS ATTEST t r~rYa, s I `EAU { t ~ r ~ ~ ~ ' f, JENNIFER S ACTING CITY SECRETARY s' APPROVED AS TO LEGAL FORM: lye r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. y4 11~ } P 1. p ! ri~ d T/ ryy;. r•T. PAGE TWO Yr 1. y. Yi A' 11 1 1 SSrI a' t 4 r OF f F I L E s .h Z 4ry: i :r SUPPLEMENTAL AGENDA April 9, 1987 Consider adoption of an ordinance approving a contract roviding for wastewater service between the City of Denton and the Town of Hickory Creek. ; 2, Consider adoption of an ordinance approving a contract providing for the interim sale of wholesale treated water between the City of Dent'ja and the Town of Hickory Creek. ' C E R T 1 P I C A T E J` I certify that the above j,otice of meeting was posted on the bulletin b at the Cit Hal of the City o, _D~en~ton, Texas, on the day of , 1987 at .~►~J~L/) o'clock 4'. P ~ S -SECRETARY tiri 3~ 2626C M ` t ai~ t i i A t E iy y„fir` ~4 . r~ r r ` t ,ydy t°° ~ w t. A rf~. r c i: ~r F sJi d: • r i i A SUPPLEMENTAL AGENDA CITY OF DENTON CITY COUNCIL +t April 9, 1981 1. Consider adoption of an ordinance approving a contract providing for wastewater service between the City of Denton and the Town of Hickory Creek. 2. Consider adoption of an ordinance approving a contract providing for the interim sale of wholesale treated water between the City of Denton and the Town of Hickory Creek. a a .Y If P ° r .~~Y I 1 '.~-0 li f C E R T I F I C A T E I f .f,+. 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 , 1981 at o'clock (a.m. p, a.? A 'low E tt IH J h 4 i i DATE: April 9, 1987 CITY COUNCIL AGENDA ITEM { I TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager j. SUBJECT: CONSIDER ORDINANCE AND CONTRACT FOR WASTEWATER SERVICE BETWEEN THE CITY OF DENTON AND THE TOWN OF HICKORY CREEK; AND PROVIDING FOR AN EFFECTIVE DATE RECOMMENDATION: f The Public Utilities Board, at their meeting of March ! 119 1987, recommended approval of the attached Wastewater Services Agreement with the Town of Hickory Creek. SUMMARY/BACKGROUND: The major points in the Wastewater Treatment Contract are: ' 1. Hickory Creek must have a master sewer plan and ~ r'..' appropriate ordinances relating to sewer service standards. 2. Hickory Creek is responsible for arranging ` transportation through Corinth's system and delivering the wastewater to Penton's trunk line located in Wimbleton Village. 3, The maximum wastewater volume obligation in this contract is 650,000 gallons per day which Is sufficient to serve approximately 2600 homes. ~ a t 4. Hickory Creek must comply with Environmental Protection Agency standards and Denton's Sewer Use Ordinance and regulate any discharges in violation of such ordinance. S. Rates are based on the average imbedded cost of r+{ Denton's Wastewater Treatment Plant. 6. If Denton implements capital recovery fees on its citizens/developers, then a like capital recovery fee will be Imposed on Hickory Creek, f :f W } f: !1 4846U:S r ~ f i . E ~k PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: - City of Denton, City of Hickory Creek, City of Corinth,' citizens of Denton, Hickory Creek,, and Corinth. FISCAL IMPACT: Wastewater service limited to 6SO,000 gallons per day. . Respectfully su tted t t Loy rre Prepared b : City Manager 4 Nelson ;i Executive Director of Utilities Ap oved : n} , . r +r r r ; y; r R.' ~e son M ~ Executive Director of Utilities I Attachment 1: Ordinance 2: Wastewater Service Contract P 3, PUB Minutes--03/11/87 4, Ordinance-Hickory Creek da M • i J !'Ii fvn J t ~ I+ i r a. G ~ r lY,~l4 t Y i w t v' f e w r. fS~r,` 9rA A jI . tom......,. r. •.r. ron ' A i t EXCERPT OF PUBLIC UTILITIES BOARD MINUTES OF 3/11/87 I 2. C ONSIDER APPROVAL OF WASTEWATER SERVICES AGREEMENT WITH. TOWN OF- Ex. Nelson reviewed the wastewater services agreement with the Board, Nelson explained that it is Denton's y4 enter Into a water agreement with Denton Countycuntnot ltle ' i unless a wastewater agreement is also entered Into. Boyd moved to approve the wastewater services agreement with Hickory Creek for recommendation to the City Council. Thompson second, All ayes, no nays, motion carried unanimously. I' dr r7 :5 r 1 .4• A y r I` 3r; V 'All . I J . S r + ~ r f F ,1 i 1 Air `I 1 r t I S y 4 t 'f YrT , s r L 1743L NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS, APPROVING A CONTRACT I` PROVIDING FOR WASTEWATER SERVICE BETWEEN THE CITY OF DENTON AND THE TOWN OF HICKORY CAM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL Oi''`THE CITY OF DE;ITON HEREBY ORDAINS: u ~T SECTION It f That the City Council of the City of Denton, Texas, approves she contract attached hereto, betveen the City of Denton and the Town of Hickory Creek providing for wastewater services. ? i1 T SECTI1iN II. r, a That the City Council authorizes the Mayor to execute, on x` behalf of the City, the contract herein approved. < < ,rR " SECTION III. " a~• That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1987. I, N{ < LA RAY STEFREN31 MAYOR Ys CITY OF DENTON, TEXAS ATTEST: JENNIFER WAETFR~ ACTING CITY SECRETARY ,r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: t7F' y:° DEBRA ADAMI DRAYOVITCH CITY 4TTORNEY CITY OF DENTON, TEXAS I I D~ rr . 1 N v r r . • y y Y r I i J . ;w RESOLUTION REGARDING THE WASTEWATER SERVICE CONTRACT 99TV911 THE CITY OF DENTON AND THE TOWN Of HICEORT CRIIE, TEXAS The sown Council of the Town of Hickory Creek, Teen, in E public meeting duly called and held on the ! day of , 19610 among other proceedings considered as a proper egends Stem the following Resolutiont WHEREAS She Town of Hickory Creek, Texas is a duly crganited general law muntolpolity, organised pursuant to Arts. 61-11 Ch. 1.11, Title 98, TEX. REV, CIV. STAT. ANN. (Vernon 1963 and Vernon Supp. 1965)1 being a political subdivision of the $tate of Tesas,engsged in the administration of local government end rrelated services for the benefit of tte citizens of the Town of Hickory Craeki and ' WHEREAS, the Town Co.noil of the Town of Hickory Creek, Taxae,has determined that it is necessary to provide a larger and { more efficient wastewater collection service to the citizens of ? the Town of Hi^.kory Creek becsu3~ of increased development in the Town and for the protection of arts watersheds; and, l 1 WHEREAS, the Town Council of the Town of Hickory Creek, Texas,has found It in accordance with the publ 'r.terest to seek y prow isions for s wastewater colle:tion service, and the City of Dorton, Texas,owns and operates a wastewater collection, v s r trestmert, and disposal system, further encoursaing cooperative use of its facilities as a regional wastewater treatment and ? Fs disposal system; and, a WHEREAS, the Town Couto11 of the Town of Hickory Creek, + J. I Texes, has reviewed the alternatives to the wastewater situation sR! and is of the opinion that the best alternative would be a cooperstive agreement with the City of Denton, Texas, for westewater servicesl snd, r ~ +ti WHEREAS, the Town Council of the Town of Hickory Creek, Taees,and the City of Denton, Texas believe it would be in the + , y best intdraet of both parties to enter into a contract to ' provide for the treatment by the City of Denton, Texas, of the wastewater collected from the Hickory Creek wastewater system= t~ and, j LAW OFFICES OF DON R. WINDLE, P.C. RE OLUTION, PAGE 1 2220 San liclnlo Blvd., Suite 200, LB•E • D:nlon, T% 76201 • (6171 M-1388 • Mttro: 430.0622 ' rE W } 1 WHEREAS, the Town Council of the Town of Hickory Creek, Te us, desires to enter into said contract; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF ! HICKORY CREEK, TEXAS, THM I 1. It is hereby determined that it is necessary and in the { f II( v best interest of the public to provide a larger and more efficient vastwster collection service to the citisens of the k Town of Hickory Creek, 2. The City of Denton, Tessa, owning and operating a r weatewster collection, treatment, and disposal system, encourages cooperative use of its facilities as s regional wastewater r , treatment and disposal system and has offered use of its system to the Town of Hickory Creek. a It has reviewed the alternatives to the wistwatem situation and is of the opinion that the beet alternative is a cooperative agreement with the City of Denton, Texas, for { 11;j ' wastewater services. e. It would be in the best interest of the Town of Hickory Creek, Texas. to enter into a contract to provide for the treatment by the city of Denton, Texas, of the wastewater ' collected frcm :te Hickory Creek ust:ewater system; and Tre 'o.+n of Hickory Creek, 'exas.desires to erter that certain wastewater Service Contract proposed 8etweer City of Denton and The Town of Hickory Creek, in the form I t« presented by the City Attorney to this meeting, a copy of which to in the custody of the City Secretary, at the earliest yt opportunity. ' 6. A true and correct copy of this Resolution is hereby ORDERED to be posted at the City Offices and !ho Community Center of the Town of Hickory Creek, Texas, in a conspicuous public place for a period of thirty (30) days after the execution of ' this Resolution, said period beginning not later than 1981 and continuing for thirty (30) eonsee'ative days thereafter, fly 7. Effective with the passage of this Resolution, the + execution of that one tertsin Wastewater Service Contract Between t The City of Denton and The Town of Hickory Creek shall be r0 r ~ 4j- LAW OFFICES OR DON R. WINDLE, B.C. RESOLUTION, PAGE 2 1120 San Jacinto Blvd.. Suite 200, LB-1 a Denton, TX 76203 a (Ili) $63.1181 a Metro: 4)04621 S x, 16:..y. % r • approved and executed ty the Mayor and Ceunailmembers of the Town of Hickory Creek, Tom. i PASSED and APPROVED by the Town Counon of the To{in or I Hickory Creake Texas an the day of 19ST, pursuant to agenda item in regular s uIgn. I L FLOVE13 MAYOR TOWN OP HICURY CAEEX, TEXAS A a - Counc ember 774 . Council Member J V'l t ~IeLG~ 'fit l r Cou6oll Member v 7 Ce'uneil Member CouneSl Member APPACVS^ A" -7 FCR'! ATTEST: TO Ile FL LA~NE '40 E. TOVHPATTORNET TOtiK,SECRETmRY- a y5 A~ ,t ' 'rah r + i e r4 r+ M1 lry. i r i v r r '1 Ake Au':. LAW OFFICES OF DON 0. WINDLE, P.C. XESOLUTIOH, PACE J IPM San Jacinto Blvd„ Suite 200, LB-1 a Denson. TX 76201 a (117) 365•1160 a Metro: 1300611 w 1. A , , s 1, MASTBMATER SRRVICS CONTRACT BSTWERN TH8 CITY OF DMON AND THE TOW OF HICKORY CREEK Y ~ IY i t, } fin ~ ~ ~ r sP .d w ~ ri w' 3 i i a`'. . ~ V '.n t?!A . ~ . :'~+~j. „ • ,i ` SIN, F.'k(t?y.~~'k'~ik~~ ~ 1S i i i { WASTEWATER SERVICE CONTRACT BETWEEN 1 THE CITY OF DENTON 1ND THE TOWN OF HICKORY CREEK TABLE OF CONTENTS PAGE A. WASTEWATER SERVICE PROVISIONS 1. Definitions 1 2. Master Plan and Inventory 2 „ r3. Collection, Delivery and Discharge Facilities 3 4. Service Area and Quantity 3 S. Metering 4 6. Wastewater quality 5 ~utti x r y 7, Rates Charged 8 8. Payment 10 B. GENERAL PROVISIONS r 1 1 11. ' Nn Y 9. Effective Date 11 10. Term ll 11. Notice and Agents 11 r r" 12. Termination and Suspension 12 t t "I ,0: 13. Liability 13 21 14. Severability 13 ar .1S, Assignment 13 16. Entire Agreement; Modification 13 { a'" 17, Headings 13 J; C. EXHIBITS F ♦n. r r, .fr.. f , Y.1f1.':\uti~~s",~~ilf Ir 1 ti s i 1743L i THE STATE OF TEXAS S WASTEWATER SERVICE CONTRACT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON I THE TOWN OF HICKORY CREEK [j i WHEREAS, the City of Denton owns and operates a wastewater collection, treatment, and disposal system; and, WHEREAS, in order to protect the area watersheds from the potentially detrimental effects that may occur by the development and use of small and inefficient wastewater treatment facilities, Denton encourages the cooperative use of its facilities to serve as a regional wastewater treatment and , disposal system; and, " WHEREAS, because increasing development within and adjacent to the Town of Hickory Creek, the City Council of { e . Hickory Creek has determined that it is necessary to provide for a a wastewater collection system; and, hHEkEAS, Denton and Hickory Creek believe it would be in the P interest of both to enter into a contract to provide for the treatment by Denton of the wastewater co'.lected from the Hickory + r' Creek wastewater syster+; NO$i, THEREFORE, the CITY OF DENTON and the TOWN OF HICKORY CREEK, municipal corporations located In Denton County, Texas, agree as follows: ' A. WASTEWATER SERVICE PROVISIONS F 1. DEFINITIONS 1,1 Definition of Terms. The words used in this Contract shall, I unless the context clearly indicates otherwise, have the follow- ing meaningsi (a) "Denton" means the City of Denton in Denton County, Texas. (b) "Hickory Creek" means the Town of Hickory Creek in 4 Denton County, Texas. „I (c) "Point of Entry" means the place, whether one or more, at which wastewater from the Hickory Creek System is delivered to the Denton System, as shown in Exhibit A. r'N i 4 .r .il I (d) "SUO" (Sewer Use Ordinance) means Ordinance No, 82-391 as enacted by the City Council of Denton and codified as Article VIII of Chapter 25 of Denton's Code of ordinances, providing for the regulation of wastewater discharges into its System, or any amendments made thereto, (e) "System" means the properties and facilities used for i} receiving, transporting, treating or disposing of ' wastewater. (f) "Waste" means the rejected, unutili:ed, or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, business, or industrial activities. (g) "Wastewater" means the water-carried wastes which are received or discharged into the system. Iq f -1ASTER PLAN AND INVENTORY 2.1 blaster Plan. Prior to the effective date of this Contract, ' Hickory eek shall furnish Denton a written Wastewater W Facilities Master Plan ("Plan"). The Plan shall contain the + a information required by Exhibit b, attached hereto and incorporated herein by reference. The Plan shall be revised and submitted to Denton xith the most recent information required by { Exhibit 89 no later than the end of every successive five year period during the term of this Contract. 2.2 Inven~tor~of~Specified Users. So that Denton may insure the continued - effIEibnt operas on of its System and provide continued service throughout the term of this Contract, Hickory Creek bhall, within thirty days of the end of Denton's fiscal year during each year of this Contract, provide to Denton, in writing, the following: r (a) The maximum number of "industrial/commercial usersas defined by the SUO, served at any one time by the Hickory Creek System during the precious year. (b) The name and location of each "major industrial/ commercial user," as defined by the SUO, served at any 'r one time by the Hickory Creek System during the previous 4 year, i LL PAOB 2 z w 3. COLLECTION, DELIVERY AND DISCHARGE FACILITIES 3.1 System Facilities. Hickory Creek shall construct, install, or otherwise provide and pay for, at its expense, the System necessary to collect, transport, and deliver all wastewater from its Service Area to the Point of Entry. 3.1 Re uired Service Connections. Hickory Creek shall, as a condition o connecting any person to its water supply system through which water is supplied under contract by Denton, require the person to connect to its System as required by section 2S-ISO of the SUO. 3.3 Control Manholes. If requested by Denton, Hickory Creek shat construct, nstall, and maintain one or more suitable control manholes at places designated by Denton, so as to allow Denton to adequately monitor and sample the wastewater received from Hickory Creek. The control manholes shall be so constructed and located, as specified by Denton, so as to allow Denton to have unrestricted access at all reasonable times. 3.4 Conveyance to Point of Entry. It shall be the sole i' t responsibt f ty or is ory Cree to convey, and deliver the wastewater from the Service Area to the Point or Points of Entry. To do so, this Contract contemplates that Hickory Creek will contract with the Town of Corinth to provide facilities necessary to transport the wastewater to be delivered under this Contract from Hickory Creek's System to the Point of Entry. Denton shall have no liability to Hickory Creek for any interruption in the delivery of Hickory Creek's wastewater to the Point of Entry resulting from any defect or failure of the Town of Corinth's System or resulting from any dispute or default arising from any contract between Hickory Creek and the Town of Corinth, or any third party, to provide for the delivery r` of the wastewat,,~ agreed to be received by Denton under this I Contract. iI 3.S Point of Entry. Hickory Creek shall discharge its I wastewater or g mat ng from the Service Area into the Denton System at the Point of Entry designated in Exhibit A, attached hereto and incorporated herein by reference. The Point of Entry may be changed, or additional Points of Entry added, during the term of this Contract, by the mutual consent of both parties, as shown by amendment of Exhibit A, duly signed by the authorized agents of both parties and attached hereto. 4. SERVICE AREA AND QUANTITY i 4.1 Service Area. Subject to the terms of this Contract, Hickory Creek shall have the right and obligation to discharge j PAGE 3 into the Denton System- at the Point of Entry, and Denton shall have the right and obligation to receive at the Point of Entry, all wastewater collected by Hickory Creek from within the Service Area shown in Exhibit C, attached hereto and incorporated by reference. The Service Area may be enlarged by the mutual I consent of both parties, as shown by an amendment of Exhibit C, duly signed by the authorized agents of both parties and attached hereto. 4.2 Maximum Quantities. The right of Hickory Creek to discharge into t e enton System and the obligation of Denton to receive into its System all wastewater from the Service Area is specifically limited to a quantity of wastewater that does not exceed six hundred fifty thousand (6SO,000) gallons of wastewater per day, unless prior written approval is given by Denton. 4.3 Exclusive Service Contract. Denton shall have the sole right to receive a wastewater collected by Hickory Creek's System from within the Service Area. Hickory Creek shall not discharge, or provide by contract or otherwise for the discharge of its wastewater collected from within the Service Area to any System of any other party, and shall not receive any wastewater from any source outside the Service Area into its System, without the prior written consent of Denton. This provision shall not, however, prohibit Hickory Creek from contracting with any third party to provide for the transportation or delivery of its wastewater collected from within the Service Area to the Denton System, through or by use of all or part of the System of 1 another party, if Denton agrees, in writing, to receive the y { wastewater through the System of the third party. r S. METERING" ` E S.1 Installation and Ownership of Meters. Hickory Creek shall furnish an install, or otherwise provide and pay for, at its expense, all meters and equipment necessary to measure the amount of wastewater delivered and received at each Point of Entry. The type, location, and manner of installation of the r re wired metering equipment ui ment shall be approved by Denton. When q g q P PProved b approved and accepted by Denton, the metering equipment shall become and remain the property of Denton. The initial metering equipment shall be located as specified in Exhibit D, attached hereto and incorporated herein by i reference. If a metering location is changed or additional % metering locations added, it shall be at Hickory Creek's expense, and the changed or added location shall be shown by amendment of Exhibit D, duly signed by the authorized agents of both parties and attached hereto. i PAGE 4 i i 5.2 Reading and Adjustment. j (a) After acceptance, Denton shall be responsible for the operation, maintenance, repair, testing, adjusting and reading of the metering equipment. Hickory Creek shall have access to the metering equipment for examination and inspection. Denton shall test and calibrate the metering equipment annually in the presence of a representative of Hickory Creek, Upon the request I of Hickory Creek, Denton shall test the metering equipment more lli frequently than annually, but the cost of the additional tests shall be paid by Hickory Creek. } i (b) If the metering equipment is found to be registering the quantity of wastewater incorrectly by more than five percent (S1), then any payments based on the such incorrect registering shall be adjusted for the period of time for which the inaccuracy occurred, if reasonably determinable; if not determinable, then for the period of time from the prior testing of the meter shown to be accurate, but in no case shall an adjustment be made for a period of time exceeding six months. 5.3 Unit of Measurement. The unit of measurement for the waste- water referre to in this Contract, unless specified otherwise, shall be 1,000 gallons, U.S. Standard Liquid Measure, 6. t;ASTEKATER QUALITY i 6.l Denton's Sewer Use Ordinance (SUO). Denton must receive, F treat, an discharge wastewater in accordance with Federal and State laws and the regulations and standards imposed by Federal and State agencies having jurisdiction thereof. To insure compliance with these laws, standards and regulations, Denton has enacted a Sewer Use Ordinance or "SUO," a copy of which is „ attached hereto as Exhibit E, and incorporated herein by reference. .s r 6.2 Application of SUO to Service Area. Pursuant to the prom s ons o t e nter oca ooperat on Act (TEX. REV. CIV. STAT., Ann. 4413 (31c), Vernon 19761 , the parties agree that the SUO, or any amendments thereto, shall appiy to the Service Area, except as otherwise specifically modified by the provisions of this Contract. Except as so modified, all persons within the Service Area, all direct and indirect discharges into the Hickory Creek System, and all discharges from the Hickory Creek System into the Denton System shall be subject to the provisions of the SUO. 6.3 Contract Exce tlons and Amendments to SUO. For the ppurpose of app y ng t we to t e service rea as provided for in this f i j PAGE S Contract, the following exceptions and amendments to the provisi,)ns of the SUO shall apply: (a) Any provision refer.ing to the wastewater activities or discharges of wastewater within the "City" or "City of Denton" shall mean those wastewater activities or discharges of wastewater within the Service Area, Including wastewater discharges from the Hickory Creek System into the Denton System, (b) "Sews a system," defined in section 25.132, shall mean the Hickory Creek System. (c) The provisions of "Division 2. Sanitary Facilities Required" (Sections 25-1S0 through 2S-15S), shall not apply to the Service Area, except for those service connections required by 3.2 of this Contract in accordance with section 25-150 of the SUO. (d) The provisions of section 25-137, requiring sewage system work permits, shall not apply to the Service Area. 6.4 Application of Future Amendments to SUO. (a) The parties recognize that Federal and State laws and regulations concerning wastewater treatmenr and discharges may periodically change during the term of this Contract, requiring revisions in the SUO. It is the intent of this Contract that i the SUO be reviewed periodically by Denton and revised in accordance with the latest standards and regulations of Federal and State agencies having jurisdiction over wastewater treatment and discharges. (b) At least 90 days prior to the proposed effective date of any amendment to the SUO, Denton shall give written notice of the proposed amendment to Hickory Creek. Hickory Creek shall be responsible for giving notice of any proposed amendment to any of its wastewater customers affected by the proposed amendment. Upon the effective date of the amendment to the SUO, it shall t'f considered an amendment to this Contract and be attached to Exhibit E, showing the amendment made. Failure of Denton to give the notice required herein shall not, however, relieve Hickory Creek or any customer of the Hickory Creek System from the responsibility of complying with the amendment as of the date it becomes effective, j 6.S Additional Regulations byHHic~kor_y_Creek. Hickory Creek may a enact an apply additional regulations ns 'governing wastewater activities in the Service Area, so long as those regulations do I PAGE 6 not conflict with any provision of the SUO as applied to the Service Area by this Contract. Hickory Creek may, in any case, impose any additional standard or regulation that is more stringent than any standard or regulation of the SUO as applied to the Service Area by this Contract. 6.6 Major Industrial/Commercial Users. j (a) Permit Required. Hickory Creek shall not allow any I "major industrial/commercial user," as defined by the SUO, to I connect to or discharge into its System until and unless the user has received a discharge permit from Denton in accordance with the SUO. If a user continues any discharge covered by a permit after the permit has expired, or after receiving notice that the permit has been suspended or revoked in accordance with the SUO, Hickory Creek shall, upon written notice from Denton. terminate water and sewage service to the user. (b) Classification of Hickory Creek. For purposes of this Contract, Hickory Creek s a be considered a "major industrial/ commercial user" as to the discharge of its wastewater into the Denton System and shall be subject to the provisions of the 5U0 applicable to such users, except that It shall not be required to obtain a discharge permit as provided for in the SUU. Y (c) Surchar a for Abnormal Strength 4astewater. Hickory Creek sha pay to Denton, in addition to any other charges specified in this Contract for receiving its wastewater, a surcharge as provided for in section 2S-174 of the SUU, for any abnormal strength wastewater received by Denton from the Hickory Creek System. 6.7 Enforcement of SUO. (a) Abatement of Violations from Known Source. Any violation o t e occurring in the erv ce Area may be abated in accordance with the provisions of section 2S-114 of the SUO, if the person responsible for the violation be known. A copy of all notices and orders issued by Denton thereunder shall be sent to Hickory Creek, which. shall cooperate with Denton in investigating and remedying the violation. Should the violator fail to abide by any order issued by Denton in accordance with the SUO9 Hickory Creek shall, upon written notice from Denton, terminate water and sewage service to the violating user. (b) Abatement of Violations from Unknown 5o~irce. If Denton f determines t at a prohibited discharge or of er violation of the SUO is contiuuing or reoccurring in the Service Atea, but cannot determine the person responsible for, or the source of, the violation, Denton shall issue its notice and order in accordance f . i PAGE 7 with section 2S-134 of the SUO, to Hickory Creek, which shall be responsible for abating the violation in accordance with the order issued, Should Hickory Creek fail to cause the violation to be corrected in accordance with the order issued, Denton may, if necessary to comply with Federal or State laws or regulations or a condition of any permit it holds, terminate water and wastewater services to Hickory Creek, I (c) Criminal and Civil Enforcement b Either Part Either party to t s ontract s a ave t e aut or ty to enforce the provisions of the SUO in the Service Area by filing and prosecuting criminal complaints for violations of the SUO occurring in the Service Area in any court having jurisdiction thereof, or by the use of any other criminal or civil remedies provided by any Federal or State law or regulation. 7. RATES CHARGED 7.1 Basis of Rate. The rate charged Hickory Creek for the wastewater received by Denton under this Contract shall be fixed so as to be just and reasonable, without unlawful discrimination, and consistent in application to the class and type of service provided Hickory Creek under this Contract. In establishing the rate, Denton shall take into account: (a) The volume, type, character, and quality of the wastewater; (b) The techniques of treatment required; r (c) Any capital costs and debt retirement expenses of its System to be paid from the rate charged; a (d) The costs of operating and maintaining its System to comply with wastewater treatment and discharge regulations; a (e) A reasonable return on Denton's invested capital used and useful in rendering the wastewater services rL s provided; and, (f) Any other costs directly attributable to providing the wastewater services under standard, accepted cost accounting practices. 7.2 Rate Established b Ordinance. Hickory Creek shall be charge an Shall pay enton or t e metered wastewater received ! by the Denton System at the rate established by the applicable i ` ~ tip PAGE 8 4 i } Rate Schedule approved by ordinance of the City Council of Denton. The initial Rate Schedule is shown in Exhibit F, attached hereto and incorporated herein by reference. 7.3 Amendment of Rate. The rate charged Hickory Creek shall increase or decrease from time to time during the term of this Contract in accordance with any amendment to the Rate Schedule applicable to Hickory Creek, as approved bye ordinance of the City Council of Denton. At least ninety (90 days prior to the effective date of any proposed amendment of the rate charged to Hickory Creek under this Contract, Denton shall send written notice of the proposed rate amendment to Hickory Creek. If Denton shall fail to give written notice at least ninety (90) days prior to the effective date of the amended rate, the amended rate shall become effective, as it applies to Hickory Creek, on the ninety-first day after the written notice is sent. Upon amendment of the applicable Rate Schedule, Exhibit F shall be amended by attaching a copy of the amended Rate Schedule. 7.4 Additional Charges. The rate charged Hickory Creek under this~ntract under the establtshed schedule of rates applicable to Hickory Creek shall be in addition to any surcharge or other charge provided for in this Contract or applicable ordinance of Denton. 7.S Proposed Capital Recovery Fees. (a) Proposed Fee; Purpose. The parties recognize that Denton is considering imposing a "capital recovery fee" or "impact fee" as an alternative method of funding the cost of I expending its System to serve the needs and requirements of ppresent and future users. As proposed, the additional fee would be charged to all new customers connecting to Denton's System in an amount necessary to pay for all or part of the cost of E providing the additional facilities required to serve those new customers. If enacted by Denton and applied to all new customers connecting to the Denton System during the term of this Contract, the parties recognize and agree that the failure to charge a similar fee for new customers connecting to the Hickory :reek System would result in Denton's new customers ppaying a disproportionate amount of the cost of the expansion of Denton's System required to serve both cities. (b) Additional Pa went Upon Imposition of Fee. If Denton does impose an add tional "capita recovery tee,,, "impact feel,, or other charge by whatever name, apon new customers connecting to the Denton System, for the purpose of providing an alternative method of paying for all or part of the cost of new or additional .:j. PAGE 9 1I ' facilities required to serve those customers, Denton may charge Hickory Creek and Hickory Creek agrees to pay, in addition to other )ayments specified in this Contract, an additional fee or charge on the wastewater delivered to Denton. The charge shall charged to new customers be conequal to the necting to the amount that would had those customers connected directly into the Denton System, as provided for in the ordinance imposing the additional fee or charge. Hickory Creek shall have the sole discretion and authority to decide how the additional revenues necessary to pay the additional charge shall be imposed, charged, and collected from the customers of its System, subject to any restrictions on 'LO the source of payments as provided in this Contract. (c) Method for Providin for Fee and Pa meat. Denton may impose t e a t ona t arge or ee upon c ®re reek upon the j effective date of the ordinance providing fon-Tz r the charge or fee I by amending the Schedule of Rates applicable to Hickory Creek, or, with the consent of both parties, by amending this Contract to provide for the imposition and collection of the additional charge. Hickory Creek shall provide all necessary information and records to Denton as is required to calculate, administer or impose the fee. i 8. PAYMENT 8.1 Pilling and Payment, Denton shalt bill and Hickory Creek shal pl ay for t e wastewater services provided for in this Contract, in accordance with the methods and procedures provided for in the applicable Rate Schedule or ordinances of Denton, as amended. i 8.2 Hickor Creek to Fix Adequate Rates. Hickory Creek agrees to esta s an collect rates an c arges for the services to r " be supplied by its System as will make possible: (a) The prompt payment of all charges provided for in this Contract; x (b) The prompt payment of all expenses of operating and maintaining the System; and, (c) The prompt payment of the principal and interest on its obligations, if any, payable from the revenues of its System, or If jointly funded and operated with its water supply system, payable from the revenues of the combined systems. 8.3 Source of Pa ments. Hickory Creek agrees that no tax revenues s a be p e ged to the payment of amounts agreed to be j PACE 10 j i II paid under this Contract and that all payments due Denton under this Contract are to be made from the revenues and income received by Hickory Creek from its System, or if jointly funded and operated with its water supply system, from the revenues and income of the combined systems. B. GENERAL PROVISIONS I 9. EFFECTIVE DATE Effective Date. This Contract shall, except as otherwise provided- or herein, become effective on the date it is approved y ordinance or resolution of the governing bodies of the res- pective parties, if on the same date, or, if not the same date, on the later date of the respective dates the approval Is given. As shown in the respective ordinances or resolutions, the effec- tive date of this Contract is the day of , 1987. y L~ 10. TEkM Term of Contract, This Contract shall continue in force r until the 31st day of May, 1597, 11. 1UTICE AND AGENTS Unless notified otherwise in writing, t li.l Address Eor Notice. all notices required to be given to the parties shall be in writing and sent by certified mall to the respective parties at . o the following address: r: To Denton To Hickory Creek a Director of Utilities Mayor of Hickory Creek Utilities Administration P.O. Box 453 21S E. McKinney Lake Dallas, Texas 75065 f City of Denton, Texas 76101 kf ~ 11.2 Designated ~Al_en~ts. For purposes of administering this Contract,Den own sF.ail-act through its Director of Utilities, or the Director's duly authorized representative, and Hickory Creek j shall act through its Mayor, or the Mayor's authorized representative, unless otherwise stated in this Contract. , r 1+ i ~ is 5 .ii d ti' a' PAGE 11 r L 4 12. TERMINATION AND SUSPENSION 12.1 Termination Upon Default, E (a) Should Hickory Creek fail to comply with or perform any ~ condition or obligation on its part, and, if after such failure Denton shall give written notice to Hickory Creek of the provisions of this Contract breached, Denton shall have the i right to terminate this Contract after sixty (60) days following the date the notice was sent, unless Hickory Creek shall perform the conditions or obligations specified in the notice within the sixty (60) day period. (b) The failure of Denton to exercise any right of termination, or its failure to seek enforcement or performance j of any provision at any time, shall not be construed to be a J waiver of the performance of any provision, or the waiver of the right of Denton thereafter to exercise its right of termination, or to seek enforcement or performance of any provision of this Contract. 12,2 Payments Due. The termination of this Contract shall not release c ory reek from its obligation to make payments for services rendered under this Contract prior to the date of termination. 12.3 Suspension by Force %aieure, f (a) If by reason of "force majeure" either party is unable to perform any obligation of this Contract, it shall give notice of the force majeure to the other party in writing within ten days of the occurrence relied upon. The obligation of the party giving the notice, to the extent and for the period of time affected by the force majeure, shall be suspended. The party giving notice shall endeavor to remove or overcome the inability with all reasonable effort. In no case, however, shall Hickory Creek's obligation to make payments for wastewater already delivered to Denton be suspended, (b) "Force Majeure" shall mean acts of God, landslides, lightning, earthquakes, hurricanes, storms, floods, or other natural occurrences; strikes, lockouts, insurrections, riots, wars, or other civil or industrial disturbances; orders of any kind of the Federal or State government or of any civil or military authority; explosions, fires, breakage or accidents to machinery, lines, or equipment, or the failure of the System or _ water supply system; or a any other cause not reasonably within the control of the party claiming the disability. r 1 • 1 PAGE 12 13. LIABILITY Liability for damages arising from the reception, transpor. tation, delivery and disposal of all wastewater covered by this i Contract a shall as between the parties, remain with Hickory Creek until delivered into the Denton System at the Point of Entry and after passing the Point of Entry, remain with Denton. As between the parties, each agrees to save and hold the other party harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the reception, transportation, delivery, and disposal of the wastewater covered by this Contract while the wastewater is in control of the other. 14, SEVERABILITY This Contract shall be subject to all valid laws, rules, and regulations of the United States and the State of Texas, or any governmental body or agency having jurisdiction thereof. If any provision of this Contract is by any court held to be illegal or in conflict with any law or regulation, the validity of the remaining provisions of this Contract shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 15. ASS IGNMEb'T Hickory Creek shall not assign nor transfer in whole or in part the rights and privileges granted in this Contract without first obtaining the written consent of Denton. 16. ENTIRE AGREEMENT; MODIFICATION ' This Contract embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties, and all modifications of this Contract shall be in writing and approved by both parties. e 17. HEADINGS All headings in this Contract are used for convenience only and are not intended to define or to limit the scope of any provision. PAGE 13 IN WITNESS WHEREOF, the parties acting under authority of s their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall Ij constitute an original, ~ ' EXECUTED this day of 1987. ATTEST: CITY OF DENTON* TEXAS s s BY: JENNIFER WALTERS RAY STEPHENS, R I ACTING CITY SECRETARY CITY OF DENTON, TEXAS ? LEGAL AS TO S 1 DEBRAVADAMI DRAYOVITCHORM: CITY ATTORNEY` t CITY OF DENTON, TEXAS BY: ATTES TOhN OF IIICkokY CREEK, TEXAS i', BY: CITY' SECRETARY TOWN OF HICKORY CREEK, TEXAS 3; t APPROVED AS TO LEGAL FORMS r,• .j DON R. WINDLE, CITY ATTORNEY TOWN OF HICKORY CREEK, TEXAS BY: . l1 { k, IBS. ,'Y l 1. 7 , PAGE 14 C. EMBITS c Exhibit Subject A Point of Entr : The place, whether one or more, at w ct enton w 11 receive wastewater from the Hickory Creek System. B Wastewater Master Plan Information: The information requ re to be su m tte by HT-Rory Creek in Its Plan. C Service Area: The area from which wastewater will be co ected by the Hickory Creek System and discharged into the Denmt System. D Metering Point: The location at which the waste- water rece ve(l'from the Hickory Creek System will be F'i Li measured. E S.U.O. (Sewer Use Ordinance): Denton Ordinatce No. BI- 9, providing or the regulations of wastewater discharges and made applicable to the Service Area. F hate Schedule: The rate to be charged Hickory Creek for the wastewater received by the Denton System. 'r. N ~Y S V M J111 I, I 1 Jl fir` 1. Y ~ EEEI Jlt ~ I ;Y/~,Y a iI 4 EXHIBIT A (1 of 2) Point of Entry ,1. R ~ ~ I. p ` ter. i ~ ~ ~ ~ ~ I `fit ' • n " . I r .f / ~1•eru r.~1. i''' s " , ' \ r •e e e t ' r ~ r , lIIIIIIIMIII/111~111111 I i, 1 ' w . 61 00 tl ~ ~ I •Y t ~ ~ ✓ o 1~. ,fit . ` 1 ~ 1" ~ T~ 4 e ' 1 1 1 1 ~ Y ' i 1 LEA OR, '\e~.p ` , e C r ~ • r 10 lop 7 'I EXHIBIT A / 12 of 21 F Al s w r E b ~ p y N a j t#~ ! Point of Entry f~ i I M J t 1 t• ~T1 j x ;y a , + f 4 T, ♦J r ` LL- ,t~ EXHIBIT B i WATER AND WASILVARRlASTER PLAN DATA WATER 1 A. Existing Systm 1. Written Description of Present Systa i a, Pest Experience For The Previous S and 10 Year Periods j 1. Average day water dound 2, Maximus day water dmad { 3. Poppulation 4. Gallons per day per capita b, Desands C. Supplies d, 01stribution . % a, Storage f. Land Use =j Future Improvements h. Goals 2. Map of System 3 a, Entity's Owned Facilities .rhf b. purchased water Facilities c. All Transmission and Distribution Mains GAR ~J•f 3, Entity's Owned Facilities .A a •}y i Types of Facilities 1. Well s 21 Water Trea0rnt Plants 30 Storage Facilities ' k r 4. "ing Stations b, NydraWlle Gpacity 4. Purchased Water Facilities a, Hater Supplier b. Types of Facilities c. Hydraulic Capacity y l ' i Future System i 1. Map of Future system 11 as Future Owed Facilities i b. Future Purchased Water Facilities 1 d. Future e Points oflO#11"ry stMbutlon Mains j 2. Ow"d Facilities 3. Purchased Water Facilities it C. Area to be Served by City of Oa11ai 1. Map of Service Area r a. Present Boundaries b. Anticipated Future Boundaries F `1 D. Population 1, Present Area Population 2. Population Projected; 5, 10, 15, 20, 25 years minimum `1J E. Water Requiremamts I. Present a. Average Maximum Daily Demand b. Maximum Daily Demand { c, Maximum Hourly Demand ~ a i 2. Projected Water Requirements; 5, 10, 15, 20, 25 years minimum Or, 'I A. Average Maximum Demand b. MAXimmMi 0411y Demand c. Maxims Hourly Oemand s It, WASTEWATER A, Existing and Future system i` 1. Written Oeicription of Present System A. Past Experience b. Demands c. Collections system d. Type of treatment Is Future , Goals Improvements r• f L f 2. Map of Systo a. Entity's Owned Facilities b. Contracted wstiwt*r Disposal Facilities c. Saar Mains d. Effluent location 3. Flow Data i a. Peak Flow b. Average Daily Flow d. Tnatoent ` a. Entity's Owned Facilities b. Contracted Wastewater Disposal Facilities *t c. Type of TreaUmmt d. Type of Discharge Peron f ' r ~i4 s P, .a'ra 1r ~ f 4 { ; r M Y. r I 4 r~' I AIL 5 I, ~b}4 Y l Y ' r .i .w. war: '.n+~.v w».,«.~..,..... . F EXHIBIT C e q , r '!Y'+~ 111#►~.~J ~ 1 'I tgNM OI C01YNfN, \ I r'~ / ) r I f r I .~r qf Y .ire. ~ . i ~ • z.y. % I r5 O • ` I>+Gt0111 l;rlf(1(~ r y,• Sj ' ly~ 'PIN. 4w. •e, J In ly4 • /1 r~F~ ± NJI 1 i~'Iw,~ f'1 ~ I.rlpr, i • IVV1L ~Il p„y 14fj Ifl•~JYY" 1 S Ly l '1 1 fr q' r,l. rr~r'yI1 C~/Ilr•~1~.1` \r,. , t,~ h• • , . °11~~~ r,~~,e rte;: `i~; • ~ ty,;r; ...,,1 11 off \ .1 15,1 \y f•' ~ 111 ~ ~ 1 Town of Hickory Creek uaw ~ ~ WASTEWATER SYSTEM J4~j I oi'rwrVU1N:.`."``, I+o~fH • r+r .Ls A w w IMMEDIATE SERVICE AREA .,1. INf I I 0 i , EXHIBIT D i~ Metering Point r U. ' Cv It 41 a CCIreM, _ ~ 1•rl v'~' Lti • 1 1 1 ' ~ , 1 i N 14 J •,l • y 1py1~, i' ~ 1 _ _ ~ O • I • 'I ~ _ .w Ii L1.1 FYI 1 / 1 I • I . • iy L'I/, 1 7.' ir. ' ~ ~ 1 tyti~!.1 "M\e rjl ~I' I,!1•~ ~ r ~ .uw 11~`~1~0' OF1 , I T' F • ~ rr JI lr,lr ~AG . r 1 ` G •~.r 10 60 1• 1 • 1 _ I, ~ r•~.' M/•r S t t,~• Ir'''e°y G'fa I. 7tt u.w , i. 1_ •n 1•••d 'I ~,''~S il• 'r 1 ~ PP• ~ 1•.. alt ~ V• lye . • t~ J111••0 1 r= ' N-tl- ' 4' u. ~ 111 1~i'~ ~;rl~ . ; 1 ti,, Y..l .i~f l Ii l• 14 1 y •r Town of Hickory Creak uiww WASTEWATER SYSTEM WIMP mll rww wrw • NON Irt 1 r a 1111 old Oft4 IMMEDIATE SERVICE AREA WWI mom I t ~ EXHIBIT E NG. ~2 AN ORDINANCE AMENDING THE COD! OP ORDINANCES OP THE CITY OP DENTON, TEXAS, 1966, AS AMINDID, BY DELETING THEREFROM DIVISION j 1 Of ARTICLE III 'SANITARY SEMEAS• Or CrAPTER 25, SECTIONS 25-15 NG SECTION NEW ART VIII OGTO ACHAPTERLU29, PROVIDING 2FOR6 REGULATION~A D USE OF LAND I DISCRARG! INTO SANITARY SEMERSs noviom FOR PERMITS AND rrex t FOR CERTAIN DISCRARGES1 PROVIDING FOR CERTAIN USIA CRAROISI 1 PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS 11200.001 FOR VIOLATIONS THEAEOrt PROVIDING A SEVERAtILITY y CLAUSEt AND PROVIDING FOR AN EFFECTIVE DATE. 4 tHL COUNCIL Or THE CITY OF DENI'ON HERESY ORDASNSs ~ PART I. That the Code of Ordinances of the City of Denton, tails, as amended, 1966, Is further amended by deleting therefrom Division 1 of Article III "Sanitary :'avers" of Chapter 25, Sections 2S-15 through and including Section 25-19. A J Y1 5 J f , AAP T I I I a >s>'; That chapter 25 of the Code of Ordinances of t`e ~itv . r, Denton, Texas, 1966, ls amended, is Further a.rended by adding thereto a rew Article VIII, Section 2S-130 through and inc:udir.a Section 25-110 which shall road as followsi ARTICLE VIII. REGULATION Or DIRECT AND INDIRECT McRAAGe INTO SANITARY SEWAGE SYSTEM, DIVISION 1 " GENERAL PROVISIONS IECTION 25-130, PORPOSE The purpoea of thil Article is to regulate and control wastewater disposal facilities and practices within the city to % as to protect the health$ welfare and property of its cititans and to insure that all wastewater disposal facilities and practices are in compliance with state and fadatal laws, rules and regulations. SECTION 2S•1314 SCOPE This Article shall apply to the direct or indirect d ilcharge of all water-carried wastes in the City of Denton and 04110 PAGE ONE r,i r ~ .aa.,,.ii--. 4'nd.d•':i[tpiirlfl~Jitwvw+", b i i among other things provide for the regulation of sever s construetion in areas within the jurisdiction of the City of s Denton, the approval of plans for sewer construction, the i quantity and quality of wastewatet discharged, the degree of wastewater pretreatment required, the Issuance of Industrial/Commercial Wastewater Discharge Permits and of other miscellaneous permits. SECTION 25-132. O MMIT10NS Unless the content specifically indicates otherwise, the mooning of terms used in this Actlele shall be as f011owst 1. "ABNORMAL STRZNOTR WASTEWATER' shall mean any wastewster having a suspended solid, DOD, COD chlorine demand or total phosphate concentration c in excess of that found in normal strength wastewater. 2. "ACT" shall mean Public Law 92-500, as amended, as R enacted by the United States Congress and known as the federal water Pollution Control Act or C.esn Ir j water Act. "800" !denoting Biochemical Oxygen cemandl shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five f5l days at 200C, eitpressed in milligrams per liter. ` 4. "SUILOINO" is any structure wed or intended for r supporting or sheltering any uea or occupancy. S. "lUILDSNO DIU12N" is that pact of the piping of a 4' ! building dealnage system which toteisus the S ' discharge of all moll, waste, and other drainage from Inside the structure and conveys the same to the building service line outside the foundation h ~ I aq wall of such building. W: 'CATEGORICAL PRtTMATMXNT STANDARD" oholl mean wastewater discharge limits applicable to a y specific category of major eesnaereial/lneusteisl ` users ae pprosulgated by the CPA in aecurdanee with Section 307(b) and (c) of the Act. rs 7. "CR%Aazn DtMAND" shall mean the difference wastewater oratndust ialewastes and dthe amount o! residual chlorine remaining at the ehd of a twenty (20) minute contact period, 9. "COD" (denoting Chemical Oxygen Demand) shall mean the measure of the Oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidatidn by a strong chemical r- oxidant, 9. "COMMITTt1" shall mean the Environmental Appeals Committee, P)49 TWO i I f i y i 10. 'COMPOSITE SAMPLE" shall mean a mixture of grab em lass collet old at the some sampling, point at different times. 11. 'CONTROL MANHOLE' shall mean an opening giving access to a service line at some point before the service line discharges to the usvage system, j 12. 'COOLING WATER" shall mean the voter discharged from any system of condensation such a air i conditioning, cooling or refrigeration. 13. 'DIRECT DISCRAAGE' shall mean the conveyance of wastewater from a setvice line uninterrupted to a ; City public sewer, 11, 'DIAECTOR OF UTILITIES' shall mean the CI,Lef ent Cityuof Dentoofficer r Of authorised deputy, agentfor representative, y 1}~ endustlia User of Conn ercialnUget. who is not V. ; 16. 'DRY CLOSET' is an indoor room or an outdoor privy used as a toilet but lacking water for conveyance r, of waste, 17. "EPA' shall mean the United States Environmental t ; Protection Agency or its successor agencies. Al 11. "PLOW RATE" shall mean the quantity of wastewater that flows pace a paeeieular polot in a esrtain period of time, 19. 'GRAS SAMPLE" shall moon a sample eo21e particular con a! time and place, representing only the e composition of the source at that time and place, ~j 100 'tNDIAECT DISCRAAGE' shall mean the conveyance of f wastewater to a public sewer by any means other than direct discharge, "INDUSTAIAL/COlMERCIAL USER" sheet mean any industrial of commercial establishment which asst ~ the sewage systam of the CitSS~~ and falls under a standard industrial elosaifioatton. , web 22. •IMMITAIAL/COWIRCIAL WASTWAftA DISCRAROE E 4 "~~x f PERMIT', reterred to heroin as ■Industrial/ k~ s C01001* W41 Disehar9e Permet+, shall *#an a permit q ' required of a major indastrlsl/eewmetotal user to demo! of discharge volts into any fevya system 3k under juriodietien of the city of Denton. r 11. •INDCSTRIAL/CONKRACIAL WAI MATER SURCRARGS• shall mean a chaff,, as sat forth in the latest edition of the City of Denton Code of ordinance levied on Industrial/commercial users of the sewage ,~rcr treatment works for the additional cost of tretinq wastewater discharges of abnormal strength wastewater, J" 21, •INTERVIAl+ shell men inhibition or disruption of the sewage system which contributes to a violation of any esguitament of this Article. l i PACs MIR 5 i } 25. 'MAJOR INDUSTRIAL/COMMIACIAL USIA' shall mean a user of the sewage system thatr (a) discharges t 230000 gallons or more of wastewater into the sewage system per average work days or (b) Is regulated by the Categorical Pretreatment Standardsr or lei is found by the City of Denton to discharge wastewater which can cause q'q deterioration of the sewer system facilities or is i detrimental to the biological process, either e singly or in combination with other contributing wastewater, on the treated sewage system or upon the quality of the discharge from the sewage system. 26. `mg11' shall mean milligrams per liter. 27. 'NATURAL OUTLET' shall mean any outlet into a watercourse ditch, lake, or other body of surface water or groundwater. 28. 'NORMAL STRENGTH NASTENATRA' shall mean wastewater which, when analyteds by the Citv, shows by weight s daily average of not more then 2008S pounds per million gallons M o milligrams per liter) of -1 susppended solids, and 20502 lb/mg (250 milligrams/11 of BOO (Biochemical Oxygen Demand), F i and 2,085 lb/mg of COD (2$0 mg11), and not more than 7S.1 pounds per million gallons r9.0 milligrams per liter (.19/1) of chlorine donand, r and 41.7 pounds per million gallons (S.0 mgII11 of phosphorus, and which is otherwise acceptable into +r; a public rawer under the terms of this Article. 29. "NPDES PERMIT' shall mean the National Pollution Discharge Eliminations S~stem (NPOESI permit as issued pursuant to Section 402 of the Act (ll { U.S.C. 2312). 10, 401JECTIONAILE WAST90 shall m!L'~ any wastewater that can harm either the sewers, sewer treatment ptocasa, or equipments have in, adverse effect on ,III receiving stresm, or otherwise endanger life, i health, or property, or constitutes a nuisance. <y 2. 'l It. 'PEA10N' shall mean any individuals firm, company, assoclation, society, corporation or entity, including a city, county, town, village, or sewer Yi diattiet. 32, ' shall mean the degree of acidity or alkHalinity of a IaIutioa, expressed a the logarithm at the reciprocal of the Aydeooggen fen concentration in great equivalents per oil of solution. 'i 12, 'POINT or MCIM114 shall mean a,y discernibles confined and discrete conveysncs or vessel Iron which vastewatet may be discharged Into a public waterway or public sewage system. a'. x 11. 'POLLUTED MATER' shall mean any waters liquid or gaseous waste containing any of the followings thorgarto naturat settleable solidsoth trgmayoform sludge depositar gtseae and oust floating solids E PAGE "n I ~ , f . which may a use unsightly appearance) colon phenols and other substances to an extent which would impart any taste or odor to the receiving strum) and toxic or poisonous substances in suspension, colloidal state, solution or gases, 35. 'PRIVY' is an outhouse or similar type small building used as a toilet where wastes are either buried on site or collected and disposed of elsewhere. 36. 'PRETREATMENT' shall mean the treatment of wastewater before introduction into a sewage system. 37- "SANITARY SEWER" shall mean a lower intended to receive domestic wastewater and admissible Industrial/commercial wastewater but to which storm, surface and groundwaters are not intentionally admitted. 3C. "SEPTIC TANK" shall mean any covered water-tight tank not connected to the sewage system and which is deigned for the treatment o[ savage, 1 39. 'SERVICE LINE" shall mean that part of the 1 horttcntal pipinq of the building drainage system beginning at t,e outside foundation wall and ++tl terminating at its connection with the sewage 1 System. ,i iJ. "SEx*_R" shall mean a pi;i or conduit for carrying wastewater. 0 41. "SE114A01 SYSTEM' shall mean all facilities which are awned by the City of Denton for collecting, carrying, treating and disposing of wastewater. 12. "SLUO' shall mean any discharge of wastewater which in concentration of any given constituent or ' in quantity of flow exceeds for any period of e' 9 duration longer than fifteen (1S) minutes, more than. five (5) times the average twenty-four 1241 ra ` hour concentration of flow during normal operation. 13. "STANDARD INDUSTRt" CLASSIMATION• (SIC) shall ties a classification pursuant to the Standard ~ mdustrial Classification Kaneal issued by the k traeutive Office of the President of the United States, office of Nanagemant and budget, 1977, or x' latest edition, j /f, 'STANDARD RSTlODS• shall man the latest edition of 'standard metbeda for the tsuination of water and wastewater" prepared ±ad published jointly by the American Public Health Association, American atero rksdeAssociation and the water Pollution w con fration, 45. 'STATV shall mean the State of Texas, t 16, "STORM DRAIN' (sometimes termed •stom savet•) shall mean a public drainage pipe which carries r storm and surface waters and drainage, but IN not intended to earey wastewater ether then unpolluted cooling water. PADS PIVt '.•W M.\a.a . .i ter... ..a r. . i I p, A i 17, •STORNxATIR• shall me n forms Of excess rater v reetichntell any other Precipitation, are or derived from IS, 'SUSPENDED SOLIDS' float on _tAe surface hall mean solids that either removibwa y water, or otherrllquldin suspension in set forth inySr n@ dard PtabMethoe~retee • and rAteh are y orocedures as r 'TOTAL DISSOLVED SOLIDS left In the vessel after hall mean the material I and Its suesequent drytn to evaporation of a teaperature, 9 an oven at a dlfteed % S0, 'TOXIC SUBSTANCES- whether gaseou he liquid men discha y substance { rged to t or solidnwnicA Cencentrattene sanitary , when Utilities, ms y' as determind sey wer the in such, at and be h& tend Director of „F Personnel, tend to sever aaintenco S#tewter tre+tmnt to Interfere with hazard to human befn srocea ut f to constitute na aquatic life, or to 4 or animals, or to inhibit n the recelvin c tars reate a hazard to reerestio " wastewater treatment aplant0f the effluent from s t1 il. 'TRANSppRT 2RUCx DISCHARGE permit to deposit or PERMIT' shall mean a ^i u cesspool or seepage Pit wastes septic tank, discharge Centon sewage system. Into the city o! ~ z. ~1 !7. "7PAP• steal! Tern a ? { to:tle, or at% evtCe deelgr.ed to flammable wastes remove grease, oil. sand, vaatevaNr tefore nt•rtingr rearmful substances from 9e system, USER CRARCE' shall mean a charge levied ' on the sewage system for the capital Cost, a users r as the operation and maintenance Of sucAwocki it set forth In the city of Denton Code of Ordlnancee, 'MAST! shall k, 4 ` mean +uperfluous substances reletted, unutlifesd, or iM1k solid Pere resuittn In liquid, gaseous, or or industrial aettvitto ea domestic, Agricultural, SS, wAASAI:N`TEdRlscif~r l moa into the water-cerriK wastes p the sewage system, !S' ~NER CLOlt?" shall aces a eoa r . !AeUIp ientwithYy toilet that to propertYmconnscledote r mechanical dl@charge. and has the means for 5^ SECTION 23-113, ADNINISTl1ATION ~ laeapt as otherwise provided hotel A* the Director ' Utilities of the of City of Denton, or 1411 designee, shill adminiltar the provisions of this Article, , PAGE Six "s i SECTION IS-131. pROCrDURrS FOR ABATEMENT OF VIOLATIONS 1. Notice and Order. Whenever the Director of Utilities has determined that any person has violated any provision of this 'i e Article or that such violation is continuing, reoccurring or may reoccur, he may, in addition to any other remedy provided for in j~ this Article, issue a notice and order directing that such 'j vtclatlon be corrected or such other order as is necessary to prevent the violation from continuing or reoccurring. Such notice and order shall stater i (a) The nature of the violation and the provisions of this Article which have been violated. w'Ia (b) The corrective action that must to taken to correct or abate the violation. r (c) The amount of time within which the violation rust tc be corrected. „ r11 That the person to .hem the notice and order are a4 issued may appeal from tie notice and order to tSe nvIrcnmantaI Appeals Ccmmittes by filing In writing with the Director of Utilities an appeal and filing fee within ten 1101 days of the service t~ ,4 of the notice and order. ro+, lei That failure to comply with the notice and order 45 G4 and failure to file a timely appeal may result in f1 s termination of sewer service. 9. Service of Notice and Order. Any notice and order ; Issued under this Article shall be in wtlting and served in person or by registered or certiffed mail on the cooped user or i users of the towels system or other persons determined to be # -1 V responsible for much violation. 3, APP 4 a s Any person may appeal the notice and order of the Director of Utilities by filing a written notice of appeal 0.; with the Director of Utilities on forms provided by the Director of Utilities and by paying a filing fee of $10.00. Such notice of appeal shall be filed and filing fee paid within ten t10 m diva of service of the order. f PAGE SIVEN r r 1 F f 1 S• !10 Aooeat Illed I! no timely appeal mad [!ling !fr are [fled, the Director of Utilities may. it a viola !on is continuing or reoccurring of m Set Vt Gf to thf ay reoccur, terminate Parson ordetrd to sewer if such violation has not been correct or abate such n!olat!on corrected or abated within the timf specified In such order. I, S• LO-arln -.S and Determing tlen (a) Are Envlronmentfl established and a tAor[sedCto httef is hereby apQeDls fro s any order issued hoar and rector i ppurMuant to Said by the Director Committee oihall be ecmooMrd o[tlthe city Ass Is Director of Util itiesaand city Manager, the eAa1r designated reptrsentatlve Clty Attorney or (b) The ' Committee may call and hold hearlnos, administer oaths ~xr a hearing, issue receive evidence at the k9 attendance of vltnesseneand the compel the pacers and documents Production of r, and mak related to the hearln resaect tofadmings of fact and decisions wi-h fnlstart its Powers herein. (c1 {upon the hearing, the Committee shall determine if there is substantial evidence to supaoct the ordertor Of Utilities, The decision of the datermlutlcn and in writing and contain findings of shall to s s the , uDMU ne[~ltteeevldenef mines hat thfact. rf ece Is determination and to support Utilities, the C °rdet of the Director to! its decision, i*M:tt,n shall# In addition to 1(~ discontlnuancf o[ order It) reqquiting ' it' correct n such violation or condition, to q compliance with any requirement w vlolatton, or fltllp auto~ndinNl condition or 1•` permit Issued under the Att[cIe. or revoking any i'y r (d) CommtAY dscteton and order issued by the b 1 women the the order shall specify the time 'r taken. GOmpllance with the order in must b be en. Arid py tAi the decision and order shall del the order [e dlrfetedpjellant or pfeson to whose by registered or Certifiedpiatln at Mont to him (e) should the appellant [ail to comply with the order of the Committee within the epfc![!ed therein, if any, the Dlrectertto! dition to any other remedy Proridfds~lor0 end Adthis may terminate 's sewage serrice to the appellant. r r SECTION 31-139, p[lNALT3ES r' A Person who violates any Provision Of this Article is ~ guilty of a a,sdemeanor and upon conviction IN punishable by a , i y -4 , i i fine of up to Two Hundred Dollars Ift00.001 for each act In violation of any provision of this Article and for each day any EE violation of this Article occurs, f In addition to proceedinq under authority of sutsectlon 11) j of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a j person continuing prohibited discharges or violatinq any other provision of this Article. SECTION 15-I16. DETERMINING THE CRARACTER AND CONCENTRATION OF WASTEWATER The wastewater discharged or deposited into the sewage system shall be subject to periodic inspection and sampling as often as may to deemed necessary by the Director of Utilities. rc yr Sampling shall to conducted according to customarily accepted methods, ref!ectinq the effect of constituents upon :~v sevace ~v system and determining the existence of hazards to hes!th, limb, and property. The examination and analyses of the characteristics of r waters and wastes required by this Article shall bat ~y (a) Conducted in accordance with the latest edition of ` " ; at 'Standard methods', and r (b) Determined from suitable samples taken At the control manhole provided or other control points authorised by the City, The determination of the character and concentration of f ' Industrial/cosaerclal vastavster shall be made by the Director of Utilities ■t such times and on such schedules as may be i established by the Director of Utilities. ! Any person determined to be discharging wastewater in violation of this Article shall compensate the Cltv for the cost of Sampling and eonitorinq the discharges until such time as the v.. discharged wastewater is In compliance with this Article. The g Director of Utilities shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges. 1Ali2 NINE Y 1 1 SECTION IS-111, APPROVAL OF PLANS, ISSUANCE OF PERMITS AND CERTIFICATION OF FINAL INSPECTION 1. swa • Svstem Woek P rmi! Reoulred. It shall be unlawful for any user of the sewage system to construct, reconstruct, modify, enlarge or alter any equipment, device, machinery apparatus or facility or system or component thereof, which is used or is intended to be used to treat, process, measure, or convey any wastewater which is or will be discharged into the sewage system without first obtaining a Savage System Work Permit from the Director of utilities. 2. poluirements for Permit. A Sewage System Work Permit shall be issued when all plans, drawings and specifications are i j submitted in such detail as the Director of Utilities may f require and the Director of Utilities has determined that the r work to be done will result in adequate treatment, crocassLno, S' measuring, and conveyance of the wastewater discharged into the f 7 sewage system in accordance with the *revision$ of this Article, 1. Certificate of Final Inspection noon Comolation, f 45 '(a) Upon completion of the work to be done under k the•Sevage System Work Permit, the Director of ,r~r' :+i• I Utilities shall inspect the works and if done r+ in accordance with the permit, the Director of Y Utilities shall issue a Certificate of Final # , 3 Inspection to the permit holder, q (b) if the completed work does not comely with the plans and specifications submitted for which the permit was Issued, the Director of f Utllities shall require such correction as mete nary before a Certificate of Inspection is issued. (c) No person receiving a Sewage system work Permit shall Utilise or make use of an I equipment, device, machinery, apparatus at } facility covered by the permit until a accordance with thislArti action Is Issued In r 4. Rtght to Inaoac._, ilo person shall refuse the Director of Utilities the right to Inspect any work done or required to don under this Article. c, SECTION 25-171. INSPECTIONS ' y Representatives of the City of Denton, the Environmental Protection Agency, the Total Department of Water Resources, and PACE TEN } ,r F 1 r. i the Texas State Reslth Oepartment, or any successor agency bearing proper credentials ■nd identification, Sha11 be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing o! the sewage system or any wastewater discharged into the sewage system. SECTION 25-139 thru SECTION 25-119. RESERVED DIVISION 2 SANITARY FACILITIES REQUIRED SECTION 25-150. CONNECTIONS REQUIRED i Any owner/occupant of every building where such building is within one hundred (100) feet of any City sanitary sower and is utilized as a dwelling or residential unit shall construct, or 3C z " 1 rj cause to be constructed, a suitable water closet noon such ar 'l property, and shall connect or cause the same to be conn.ctel with snch sanitary sewer in accordance with all ordinances cf the City regulating such construction and 3h811, within thirty (30) days after written notice to do so from the Director of } utilities, abate and cease to use any septic tank, dry closet, a a f{4~"' 1 or privey upon such premiee. Any owner/occupant of every building where such building is r: k " "5 within three hundred 13001 feet of any City sanittrv sewer and tr is utilized as a business or commercial establishawnt >discharging wastewater exceeding the limits established by this ordinance shall construct, or cause to be constructed, a suitable water closet upon such property, and shall connect or cause the same to be connected with much sanitarv sewer in accordance with all ordinances of the City regulating such construction and shall, vithin thirty (301 days atter written notice to do to from the Director of Otllttiees abate and cease t` to use any septic tank, dry closet, or privy upon Such premise. The owner or occupant of any such property shall keep and maintain such water closet and all connections in good condition and tree from any obstructions, FAGS ELEVEN % ~ r I • I SECTION 25-151, SEPTIC SYSTF-43 I Septic tanks shall be Installed In seeordance with the provisions of the latest edition of the "Construction Standards for private Sewage tacilities•, as published by this Taaaa a Department of Health. SECTION 25-192. DAY CLOSETS PROHIBITED It shall be unlawful for any person or persons to build, use 1 Of Maintain any Privy. or dry closet on any lot Of land within the corporate limits of the City except !or portable sanitary t' r privies utilired temporarily, ,i SECTION 25-151. CONSTRUCTION OY SANITARY SEWERS AND CONNECT70N$ The construction of sanitary sewers and connections thereto shall be as provided in the Ordinances of the City of Canton. SECTION 25-151. OWNER A£SPONSIB f' SANITARY SEWER S° FOR WINES. ANCE OF i RVICE LINES. ~F 'he C!:y shall not he respor.sitrle for the aaintenaice o! a•,., building d;alna or service lines and such maintenance shah to ~ a w the responsibility and dui of Y the owner of the prerlaes serviced by any' such service line. SECTION 25-155. COMPLIANCE WITR PLUMBING REGULATIONS 1s'' REQUIRED. Sanitary serer service shall not be furnished to anv oremise where the plumbing tMreof has not been installed In aeeordancf , with the buIId In4 re4ulatioms or any other provisions as provided in the Ordinances of the City of Denton, t $=??OR 25-150 thtu SECTION 25-159, RESERVED DIVISION 7 qr 5 ass or PUBLIC SEWERS !EC*ION 25-160, DISCIWt02 PROIrSITIONS It shall be unlawful for any person to discharge or cause to be discharged into the sewage system or Into a natural outlet, materials, waters, or wastewater, if such substances may m Interfere with the facilities, operation, or performance of the sewsge system, or have an adverse effete on the environment, or may otherwise endanger life, health or property, or constitute a i PAGE TWELVE M i F E public nuisance, In determininq the acce0tabii1ty of substances for discharge into the sewage system, the Director of Util(tits shall give conslde'ratlon to such factors as the quamtjt14 of subject substances in relation to flows and velocillee fns the sever system, materials of which the serer system is constructed, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of the substances in the wastewater treatment slant and such other factors which ma-i be pertinent to such @valuelion. Substances specifically prohibited from being dlschaaoed into the sewage system are as lollowss (a) Any liquids, solids or limited to, gases, including but not 1 toluene, xylem#, others. enealcoholanaphtha, kbenzene etones, aldehydes, peroxides, chlorates, oerchloraLes, t I bromates, carbides, hvdrldes, sulfides or any other substances which are a fit; er other hazard to the system, which by reason of their nature 0, quantity are, cc may he, sufficient either aIcn; cr y interactlon with c:.*,tr substances to case fares, explosions, or t? Injurious 1; anv ct.fr way to the facilities of eperation of the sewage system, (b) Any substance which causes two suecessive readings i' on an explosion hazard meter, to be more than five percent (31) or any single reading over tan Vp (I011 of the Lower Explosive Limit `i. of the meter as measured at the (Lthe i 110 wastewater is discharged into the sir~q~ jy,~~R the ' (c) Any wastewater having a > greater than ten IS), or any wastewater efive r IS), any of haying ; damage or corcosive property capable of causing or hazard to the swags system or any r, Parson. (d) Any wastewater containing toxic sufficient quantity that sy, either singly eoc by interaction with other substaneea, injure or iR interfere with anyy wastewater treatment process, eonetltute a haeare to humans or animals, create a I " toxic effect In the receiving waters of the swage I system, or exceed the limitation set forth in the I suDacr~e sha!eIncl de abut Solt°be°li A toxic substance identified pursuant to seetlontl07(a) any the Act. to) Any substance discharged lnto the sevsge system F' much as residual, sludges, or scums, which Interferes with the redlamation substance which causes the swage chasm Ito beenn non-compllinee with studgqeir use or disposal guidelines of regulations deloped under Section 183 of the Act, or any quidellnes, or regala loos PAGE TRIATM14 !Y affecting sludge use or dir I a l pursuant to the Solid MasSuts DisposalprActlaathe Clean Air Act, and the sic Substances Control Act as amended by the U.S. Congress. { (f) Any liquid or vapor having a temperature higher' than ens hundred fifty (150) degrees Fahrenheit, (650,0). If, in the opinion of the Director of utilities, lower temparatures of such wastewater could harm either the sewage system, wastewater treatment Process, equipment, or have an adverse effect on the receiving stream or could otherwise endanger life, health or property or constitutes aP` public nuisance, than the Director of Utilities may prohibit such discharges. (g) Any wastewater containing fats, vas, t oils, whether emulsified or not, in grease, of fifty f50) mq/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit, 10oC1, and one hundred fifty 11501 degrees Fahrenheit SECTION 25-161 HAZARDOUS METALS OR TOXIC SUBSTANCES 1. It shall be unlawful for any person to discharge into the sewage system unless such discharge is allowed un'-er th e ! provisions of Section 25-114, ':ndustrial/Commercial Wastewater Surcharge'i 7 b f (a) Any was tevater containing hazardous metals to such degree that any such material received at the t`- point of discharge into the sewage system exceedsf the limits established belowi NoT To EXCEED meta Ava a [ompes t SUTOle > p, Arsenic 0.1 0.2 0.3 Barium 1.0 2.0 /.0 Cadmium 0.05 0.1 0.2 Chromium 0.5 1.0 5.0 Copper O.S 1.0 2.0 Lead 0.3 1.0 1.S Manganese 1.0 Mercury 0.005 01005 0.01 I at ' Nickel 1.0 2.0 310 Selenium 0105' 0.1 0.2 l Silver 0.05 0.1 0.2 f tine 160 2.0 6.0 (b) other matats not listed above which will, in the opinion of the Director of Utilities, damage the sewage system or interfere with the treatment 1 process. "p (c) Any wastewater that contains phenolics in excess of 0.1 milligrams per liter (al/1) by Wight. t~ (d) Any radioactive wastes or isotopes into the public severs without permission of the City. FACE FOURTEEN i } ,r l i 1 fe1 quantlttee of flow, concentrations, or knh, which f constitute a 'slugs as defined herein, 1fl Materials or substances which Causer ill Concentrations of inert suspended solids exceeding 250 mg/I or total dissolved solids sodt4culfateoin conceA rotlonsSoo 29/1 and Soo mq/I, greater than 121 Concentration' of SOD exceedin l, COD requlreeents axeaeding 250 250 mchlorine requltemenis exceeedtng 9.0 m /I or concentrations exceeding 5.0 ag/1. Phosphorus (lf Dfacoleratlone, such as, but not limited to dye waters and vegetable tanning solution, "I Ig) Any vastewater with total of which is in excess e oft le 0 m of cyanide the 2, In cases where a user wishes to discharge any wastewater having characteristics exceedin ! g msrslmum parmissiCle i!elts stated above, the Director of Utilities ~aY, Pu:susnt ;o as 91 Industrl+I Commercial 'dastewater Discharge Permit ;ra.^.tai ;o F, 4j such user, after conducting necessary evaluation of ;h. wastewater, permit such discharge tf: #d sewage system) the wastewater will not cause damage to the t~ 1b1 theatmastewater will not Impair the Citv's pf Cceas) and ll S; fcl the user discharging the v ' with any stewater eomolEes re44ufroment IPreteeatment process ss and/or x Vt[1Ltlee, mposad DY the Director of SSCTtON 25-162. D14C8AflCE Or tIATEk9 NOV CONTAININ7 SEWACE It shell be unlawful for may person to discharge unpolluted voters into the savage system. Except with the approval of the r Vtilltia, or as otherwise provided !n this Article, Director of no store water connattton erns any building or yard, nor any drain eroee any catch basin, lake, swamp, pond, or swimming pool, k not any outlet for surface water, store water or ground water of ,r any kind shall be connected to the sewage system. • ~ Within &m y area sieved by a separate sanitary sower and a stern sewer , no storm water shall be allowed to enter the i rr PACE FIFTtEN t t i 's i j sanitaty sewer from waste or vent pipes of any building. Within any such stem no down spout, root leaders, gutters, other pipes, or drains such as channels which may at env time carry storm water surface drainage derived from hydraulic pressure cc from well points, or lake water, shall be connected with any sanitary lower. SECTION 25-161, DISCHARGE TO A NATURAL OUTLET It shall be unlawful for ■ny person to discharge polluted water to any storm sewers or natural outlet within the atea served by the City except where suitable treatment has been y provided In accordance with the provisions of this Article, and 1 except where a Federal National Pollutant Discharge Elimination Systems (NPDES) Permit has been duly issued and is currently valid for such discharge. A valid copy of such a permit anA any ,a modifications thereof must Le filed with the D)rectar 0! r. ~f 1 Utilities. SECTI04 25-164. WASTEWATER DISCHARGES REOUI3IVG TRAPS All persons discharging oil, grease, sand, flammable wastes, or other harmful substances im amounts that, in the oplnion of y ~ the Director of Utilities, will impede or stop the flow In the r t ? sewage system shall install a trap berate the point of discharge into the sewage system. Any person responsible for discharges requiring a trap shall, at his own expense and as required by the Citye (1) provide eq,+ipment and facilities of a t capacity approved by the City$ type and (2) locate the trap in a manner that provide goody and z" i nspeeetone and a maibillty for cleaning and (1) maintain the trap in effective operating condition. i SECTION 25-165. WASTEWATER DISCHARGE "ON TRANSPORT TRUCKS ' All persons owning or operating a vaeuam truck, "cesspool' pump truck, liquid wastewater transport truck, or other vehicle, shall not discharge at unload any septic tank, seepage pit, rX Inceptor or cesspool contents !Fos such vehicle without first PAGE SIXTEEN t ,5 having received a valid TranaPort True% Discharge Permit ITTD Permit). ri. MD Permits shall be issued by the Director of Utilities upon proper application and payment of a Pifty Dollar (6!0.00) I Permit fee. All TTO Permits shall be valid for one (1) year. ii No person holding A TTO Permit shall unload or dischatpe any ; waste or wastewater except in a manner and at a place as specified by the Director of Utilities. before discharging under a TTD Permit, the Director of Utilities may require the r " r person holding such permit to furnish a sample of the contents • ~ i { of the material to be discharged as a prerequisite to C discharging Into the savage system. The Director of Utilities may refuse permission to discharge abnormal strength wastewater f y , Into the sewage system. q,, % Any potion discharging ar unloading notmal at:engt'. wastewater under a TTD Permit into the sewage system shall to charged at the regular commercial sewer rates. My person discharging abnormal strength wastewater under a ( `1 TTD Permit into the sewage system shall be charged an Industrial/e-jinercial surcharge rate. ' SECTION 25-166 TEND 25-16i. RESERVED DIVISION 6 r. A r{i{ INDUSTAIAL/CONNSACIAL NASTMATER MCRAROE M' SECTION IS-170 INWSTRIAI,'CO*MACIAf, 01ASTS1UMR DISCRAA" PURIT "002"D it shall be unlawful for any major Industrial/commercial user to connect to the sewage syet" or to discharge wastewater to the sewage system without first obtaining an industrial/ Commercial Wastewater Discharge Permit from the Director of ;F Utilities. All major industrial/commerclal users discharging wastewater t i directly or indirectly into the swage system prior to the effective date of this Article may Continue that discharge one I hundred eighty 11101 days altar the effective date of this PADS OV" MSM ! F,: 'x Article. Prior to the expiration of the one hundred eighty (110) day period, the major industrial/commercial user shall apply for an Industrial/Commercial Wastewater Discharge Permit from the Director of Utilities. SECTION 25-171. PROCEDURE FOR OBTAINING A PERMIT FOR INDUSTRIAL WASTEWATER DISCBAAGZ I 1. Permit Ao location. major indux trial/eoaaaer a clal users required to obtain an Industrial/Commercial Wastewater Discharge Permit shall complete and file with the City, an application in the form prescribed by the city, and accompanied by a fee of Twenty-live Dollars (:25.00). New major industrial/commercial users shall apply at least ninety (90) days prior to connecting : to or contributing to the sewage system for an Industrial/Commercial Wastewater Discharge Permit. rm suooort . t of the application, the major industrial/commercial user sh411 r ,A( submit the following Lnto:maticn: fat %aas, address, and location rif di!!erent from ter. ' addresil. ' rl l A (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, 111 as amended. (c) Wastewater constituents and characteristics including but not limited to those mentioned In this Article as determined by a teliable ? analytical laboratory) sampling and analysts shall be Pat formed In accordance with Procedures established by the !PA pursuant to the Act and contained in 40 CFO, Past 116, as amended. (d) Time and duration of contribution. (el Average daily wastewater flow rates, including daily, monthly and seasonal variations it any. a III site plans, float Plans, mechanical and plumbing plans and details to show all sarvlct lines, lower connections, and appurtsnances by the also, location and elevation, (9) Description of activities, facilities and plant whichasee, or couldrbe,sdiochsrgedag all materials (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City law at regulation, or by the state at Categorical Pretreatment standards, and a state- mont regarding whether or not the pretreatment $ standards are being met on a consistent basis. PACs elceseeN i i i (I) if add ittons I pretreatment andor OaM viii be requited to met! S the categorical Pretreatment standards, the aAOrtest ea schedule by which the iiot Indus p !al/commercial user will provide such additlonsl pretreatment. The comP:ntion date in this schedule shall not be later than the compliance date established for Cate the seolieable gorical Pretreatment standard. The following conditions shall apply to this schedule, J fl) The schedule shall contain increments of Programs In the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required fop the major industrial/commercial user to mett the applicable Cateaoricst pretreatment standards fe.g., hiring an engineer, completing preliminary Plane, complotlno final o ins, executing contract for moor comoonents, commancing construction, etc,).' (2) No Increment referred to in pacagraoR ill shall exceed nine (9) months. ill Not later then fourteen 1111 days eollewing each data in the schedOe and the (t eal date for compliance, the major fr.na date commercial user shall submit a pragreet rear: to the Director of Ctilities fncludinq, as i mEnlmum, whether or not It complied with :'e increment of progress to to not on such fate and, if not, the date an which I' expects to x comply with this increment of a reason for delav, the r.nd the stets being a akentbv 1 j major industrial/cca.merclal user to return the construction to the schedule established. E ,r, a etano event shall more than nine r9) months twe a f a Directorb of Utilities progress reports to the f I (j) lath product produced by tvoe, amount, proceso or processes and rate of production. (k) 'type and amount of raw materials processed I;: layers" and maximum per days. il~ (1) Number and type of employees, and hours of operation of plant and proposed or actual bouts of opetation of pretreatment ovetes. (a) Any other information is may be deemed by the City to be necessary to evaluate the perm!t application, e 2. Perini! Mod1!leetions within nine (9) months Of the promulgation of a categorical Pretreatment Standard, the industrial/commercial wastowater L Discharge Pettit of major industeLal/commercial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. 41 ~t wherm it major industrial/commercial user, subieet to a PAC; N NETZZN i t Categorical Pretreatment Standard has not previously submitted f an Application for an Industrial/Commercial Wastewater Dlsthrtge { 11 Permit the major industrial/commercial user shall soply for an Industrial/Commercial Wastewater Discharge Permit within one hundred eighty 1110) days after the promulgation of the applicable Categorical Pretros:aent Standard. In addition, the major industrial/commercial user with an existing industrial/ Commercial uastewatec Discharge Permit shall submit to the 44 Director of Utilities within one hundred eighty (110) days after I the promulgation of ■n applicably Categorical Pretreatment standard the information required D y ~ Y Paragraph Ihl and (l) of Section 25-171 (2. Permit Application). k 1. Permit Conditions. Industrial/Commercial wastewater ti DlsehArge Permits shall be expressly subject to all ' - previsions of this Article and all other applicable regulations, m34or s hQ i n industrial/commareial user charges and fees established tv tie M~ Code of Ordinances of the City of Denton. Peralts gay contain 1 , + the followings ~i. Sd ~ s k, 'ti r;~ (a) The uAit charge or schedule of industrial/ 1 .-c••., commercial user charges and fees for the rf,'~ a wastewater to be discharged to the sewage system. ' (b) Limits on the average and maximum wastewater i ' Constituents and characteristics. .j (e) Lis t on average and maximum rate and time of discarge or requirements for flow regulations and equallsation. ? (d) Requirements for installation and maintenance of r r inspection and sampling facilities. r Is) Speeifiestiona for monitoring programs which may 1 include sampling locations, frequency of samplinq, number typed and standards for tests and eepeet~ni schedule. if) Compliance schedules. ' (g) Requirelmients a~eibmisslon of technical reports t^t g fa (h) Requirements for maintaining and retaining plant records relating to wSstewater discharge as ga thecified by the City and affording City access 7 y PAC S MIN" , i } (il Requirements for notification of the City of any nw inttoductlon of wastewater Constitutents or any substantial change In the volume or character of the Wastewater constituents being Introduced Into the wastewater treatment system, Ijl Requirements for notification of slug discharges, tk) Ctoh,issue.dcotmlpl[anadvlehdeht,pArerieIte by the City 1. Permit D61 Lion, Permits shall be issued for a specified time period not to exceed three (1) years. A permit may be issued for a period loss than a year or may be stated to expire on a specified date. The major industrial/commercial user shall apply for permit relssuance a minimum of one hundred eighty (180) days prior to the exoiratOn of the major ? z industrial/commercial user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the r Permit. ?he mayor t industrial/commercial user shat, to Informed of any Proposed rya ` "fa changes in his permit at least thirty (10) days prior to the effective data of change. ,i Peewit Transr. s. Industrial/Commercial. xa.tewater S` Discharge Permits ate ta,ved to a specified major Industrial/commerel,L user for a specific operation, An industrial/commarcial Wastewater Discharge Permit shall not be R " reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the x P. z, approval of the Director of Dtilietea. Any suceeading owner or r y. major Industrial/comisreial user shall also comply with the terms and conditions of the editing permit. l r:i` 'h r 8. Reporting Reguiremants for Hrslt ea, rs , eRi (a) Compliance Date Report + 1 d • ` within ninetyy (00) days following the date for r y,~', P r ! final compliance With applicable Categorical rA Pretreatment Standarde, any major Industrial/ eommarolal user subject to Categorical Pretreatment Standards shall submit - Director o! Dtiliti/s a ropert Indicating the 5 ehiuelseAarginteairthe isuflse~a ~ilutane, in are limits b 9 process which jl standards and the Categorical and maximum sdaily FACT tlrl'IIn-OWE t! . a } is -If ' i r: i . t f ~ i flow tot these process units in the industrial/commerciat faciLity. The report j shall state whether the applicable Categorical Pretreatment Standards are being met on a consistent basis and, if not, what additional 0GX and/or pretreatment is necessarv to bring the industrial/com"tctal user into compliance with the applicable Categorical Fcetreatmtnt Standards. This statement shalt be signed by i an authorised representative of the ; Lndustrial./commercial user and certified to by a qualified professional. (b) Periodic Compliance Reports (1) Any major industrial/eommeeeial ueae subject to a Categorical Pretreatment Standard, after the Compliance data of such standard, shall submit to the Director of Utilities during the month of June, unless required more frequently in the Categorical Pretreatment Standards or Dp the wastewater industrial/Commercial Dlecharge Permits, a report indicating the nature and concentration of pollutants in the effluent which are limited by such j Categorical Pretreatment Standards. At ~t the discretion of the Director of Vttlltits and in consideration of such e factors as local high or low flew rseas, hoIIdaye, bud,et cycles, etc., the Director of Utilities may agree to alter the months during which the above reootts ace to be submitted. i. 'J (2) The Director of Utilities may tmpose mass limitations on major industrial/eommarciel users which are using dilution to meet applicable Categorical Pretreatment Standards or in other cases where the j lmposlticn of mass limitations ate appropriate. In such cases, the Compliance report shall indicate the Masi j of pollutants regulated by Categorical Pretreatment Standards to the effluent of the major Indus trial/cemmecetsl user. Those reports shall contain the results of sampling and analysis of the dischargep r ;r including the flow and the nature and concentration, or preductton and MAld where coquetted by the Director of =into contained therein utilities, of which are ltmited by the ap lieablt r~5 pp categorical Pretreatment StandarQ. 1111 : analysis shall be performed in accordance c w.~ with procedures pursuant to station 304 (91 of the Act and contained in 40 CIR, ~tl Part 13# and amendment/ thereto$ or with any other test roeoduros sporovtd Fy the Director of utilities, gampllnq atoll be performed in accordance with the 1 teehniquse approved by the Dietetoe of / , <r utilities. bnM. n.. on r 5 j N y i } SECTION 1S-171. PRETREATMENT 0! INDUSTRIAL WASTEWATER ! Industrial/commercial users shall provide necessary wastewater treatment as required to comply with this Article and the categorical pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Director of Utilities shall be provided, operated, and maintained at the user's expense. Detailed plans ehowlna the pretreatment facilities and operating procedures shall be submitted to the Director of Utilities for review before construction of such facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility ■s necessary to produce ei i+ an effluent acceptable to the Director of Utilities under the r provisions of this Article. Any subsequent changes in the pretreatment facilities or method of operation shall be rtoorted y ` to and be acceptable to the City prior to the user's initiation s+" `r of the changes. All records relating to Compliance with the Categorical pretreatment Standards shall be made available to r T officials of the Environmental Protection Agency or City upon request. ~J 'j SECTION 15-172. CONTROL KANROLZ ,a k I As a prerequisite to receiving an indwtrlsl/Ccmmeretal Wastewater Discharge Permit, the Director of Utilities may, when necessary to monitor wastewater discharged into the sevege 0 system, require an lnduesrlal/eosuaerclal user to install a ,fy`r suitable control manhole together with such metsrs, equfv"mt ` f and appurtenances as deemed necessary by the Director of I a 7 Utilities, in order to adequately $ UPI* and measure such wastewater. All required control manholes shall be located so as to permit unrestricted access by the Dlrectdr of Utilities or i yj his representatives. SiCTIOx 1!•171, INDUSTAIAL/COMIL"ACIAL WASTEWATER SUACW(;t If abnormal strength industrial/eorMC6 al wastewater is PALL TWMM-THUS Y 5 ' r < a r 5 ' 'i f4~ w { acceptable for discharge into the savage system under the j Provisions set forth under the Industtit2/Ccffmtcial wastewater it Discharge Permit, an industrial/commercial wastewater surchatge I shall be added to the base sewer charge to cover the additional cost of trw inq abnormal strength wastewater. Such surcharge ' shall be calculated as follows, CVsV'o ((Du - 2501 6 + (Su-250) S) + (XU-290)X) j~ Where Cu is the surcharge for user x. i Vu is the billing volume for user x. Su is the tested DOD level for user s or 250 mq/1, , whichever Is greater. is the unit Cost factor for treating one unit of DOD per 1,000 gallons. Si is the tested SS level for user s or 250 mg/l, whichever is greater. S is the unit cost factor far treating one unit of SS j` per 1,000 gallons. xu is the tested pollutant level for user a or 250 m4/l, whichever is greater. v r,`r x ' X is the unit cost fatter for treating one unit of i pollutant par 1000 gallons. j SECTION 21-175. SUSPENSION OR REVOCATION OF PERMIT FOR COMMERCIAL/INDUSTRIAL WASTEWATER DISCRAAGG 1. Permit Not Vested Right,, A permit !slued under thic Article does not become a vested right in the person holding the i 1 permit. e 'd! 2. Grounds for Sus"nsiorl or Revocation of Permit. A permit issued under this Article may be revoked or suspended upon any of the following groundsi (a) The permittee has or is violating one or mere s pro.irlons of this Article. (b) The petsittes has !ailed or is !oiling to 4 r Comply with ono or more conditions of a permit, (C) There is a change in conditions which require elimination or modification of the discharge + covered by a permit, r, (d) Revocation or suspension to necesaaty in order to prevent hats of damage to the savage system r, cc treatment process of is necessary to F.' PAU TNEM'fY-FOUR : rF•i S~ j i protect the health or welfare of animals or property, persons, I iel The permit was obtained by misrepresentation 1 or tsilur♦ to disclose all relevant facts, 3. Procedure for Sus ension or Revoeal~en of Permit. The Director of utilities may issue an order suspending or revoking a permit issued under this Article upon the grounds specified in this Article. Such order shall state the grounds therefor and shall be served upon the permittse in person or by certiflod or registered mail. such order of suspension or revocation shall become effective after live (3) days from the date of service, unless the permitter within such live day period files an appeal and filing tee in accordance with section 25-131 of this i Article. Procedure for Aovedls Prom Order of Revocation or i Suspension. Appeals from the order of the Director of utilities suspending or revoking a permit shall be processed and heard in accordance with procedures for other appeals as set forth in Section 25-171. ~s r ' SECTION 25-176, SUSPENDED OR REVORED PERMIT w, I 1 Any permitted who receives an order from the Director of utilities revoking or suspending e permit shall discontinue any a^ tflr!' discharge covered by the Y pare!t after tine (SI days from notice of such order, unless within such five (9) day period the ? parmittoe appeals such order to the Committee. Any peemittll who has been notified by the Olrector of utilities of a suspension or revocation of a permit and does not timely appeal such order or any potmitted who has bun notified of the order I` " .L of the Caamittess alter a hearing, of the revocation or I ` F s suspension of a permit and who continues a discharge Covered by 4 a permit after the effective data of the revocation or suspension of the pefelt may have soilage service terminated by the Director of utilities. SECTION 21.177. ASINSTATMW Of SUM MO OR PjMK20 PJIMIT The Director of utilities shall relnstate a suesended t Industrial/Comuralel Discharge permit upon aatistanhery proof 1 PAGA TNZM-PM I to the Director of utilities of corrective action of the parmittse of the conditions or discharge for which the permit was suspended. A ustr whose Industrial/Coemercial Discharge permit bag been revoked must apply for a new Wait and comply with all provisions and conditions required as though a permit had not been issued for such user. SECTION 25-171 through 25-110. RESERVED. PART 111. That if any $action, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof y to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the " validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, herebv declares it ' would have enacted such remaining portions despite any such r~ invalidity. PART Iy That this Ordinance shall become effective fourteen f111 days from the data of its f~1 passage, and the City Secretary Is rm~; r' ' HzR.1 r htr.by directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official rt. " jY c newspaper of the City of Denton, Texas, within tan 1101 days of r the data of its passage, PAESEO AND APARQVED this the day of 1412, t A Al I OP D- K M% AE r ATMT I S ' , J, . r ' f r CITY OF DENTON,rMXAE is APPROV=O A, TO LEGAL POM } C.J. TAYLOR, Me CITY ATTOPJM A CITY OF DENTON, MXAE 46, f PAGE TnnY-1IX EXHIBIT F SCHEDULE S3 WHOLESALE SEWER TREATMENT SERVICE FOR A GOVERNMENTAL 1 AGENCY, DIVISION OR SUBDIVISION _ APPLICATION E Applicable to any municipal corporation, or other governmental agency or subdivision which operates a sever collection system and contracts with the City of Denton for sever treatment service. NET XONTHLY RATE (1) Facility Charge $12S.00 per month (2) Volume Charge $i.SS per 1,000 gals. of effluent ~P Billing shall be based on one-hundred (1001) percent of actual gallons aeasured by meter at one point. NIINIMUN BILLING r k ~ ` $125.00 per month +ti ~ ~'tisd IYDUSTRIAL SURCHARGE In addition to the above charge for commercial and industrial, there will be added to the net monthly rate in industrial surcharge based on the following formula: ` r ~Cu•Vu ((Bu-2601 B + [Su-260[ Si) i' it Where: Cu is the surcharge for user X. Vu Is the billing volume for user X. 33 , w Bu is the tested BOD level for user X or 260 mg/l, I whichever is greater, r B BOD per 1,000 gallons ($0.000590) is the unit cost factor for treating one unit, Su is the tested SS level for user X or 260 mg/l, b whichever is greater, S ($0.000596) is the unit cost factor for treating one unit of SS per 1,000 gallons. y 10- PAGE 37 fi J PAYMENT I Bills are due when rendered, and become past due if not paid within IS calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS 4' (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge v 30 days (b) Billing for the sewer effluent shall be based on 30 days per nonrh to determine the gallon effluent to be charged to each rate block. r a.1 <1 Formula: x' 4l'~ s { Actual days in reading period x GAL in rate block x RATE per 1,000 gallons in rate K block 2x r ~y ~ ~tiS t irk . "Y++ f 1 4 { r r ❑ ir~i~ h pggqq .:i ryl ~i. u k (f 1(M { f. 4 up` ik 1aJtr y 1 , c4W .~A PAGE 38 rl { i r , a 1 5•} Y RNs w~ Yx 31 ~ I t-t I~ ~ t 1S Vt~µ Y 1, YS I p I ' s s ~'"i { r r S ~ (i L _ItII ll r. ~ 1 Y A k' S ' nl' a. N 1 1 al r --ELI , w 9 r t ~ J. Y~ n r 1 I DATE: April 9, 1987 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL a FROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER ORDINANCE AND CONTRACT FOR INTERIM WHOLESALE iif WATER SUPPLY BETWEEN THE CITY OF DENTON AND THE TOWN r OF HICKORY CREEK, AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: i The Public Utilities Board, at their meeting of March 11, j 19870 recommended approval of the attached hater Services Contract with the Town of Hickory Creek. SUMMARY/BACKGROUND: a .-1 y li yl -1 The major points in the Water Contract are: I. The sale of wholesale :rater to Hickory Creek is an interim sale of excess Water Plant capacity. 2, Hickory Creek will purchase a portion of the new hater a Plant. J."q 3. Denton is responsible to get the water to tFe Corinth water meter, and Hickory Creek is responsible for transportation arrangements from that point to their city limits. , r 4. All water sold to hickory Creek will be from Pallas r water rights and purchased from Dallas on behalf of Hickory Creek. Any take-or-pay incurred by Denton from Dallas on behalf of Hickory Creek will be charged r" ; • to Hickory Creek, 1 iY S. Hickory Creek will be required to develop a master %rr water lan and have appropriate water service standards. 6, Rate will be a volume and demand rate with initial rate being 631/1000 gallons for the voluem charge and 621.88 per year per each 1000 gallons per day demand requested, Rates are based on the increrental cost of Pax; F'. the latest additions to the Water Plant. 1ti r o , 7. The initial year requirements will be 10,000 gallons per day and 10,000,000 gallons per year. a. There is a five-year phaseout if Hickory Creek decides to stop taking water from Denton. I g. If Denton implements capital recovery fees on its own citizens/developers, then a like capital recovery fee will be imposed on Hickory Creek. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, City of Hickory Creek, City of Corinth, r citizens of Denton, Hickory Creek, and Corinth. FISCAL IMPACT: Water service limited to 10,000 gallons per day. F' Respec ly subm t ed: acre J Y P epared by: City anager Fe son . ya~ j Executive birector of Utilities Appro%ed( t, s5 °.,"'J k, E. Nelson Executive Director of Utilities Attachment 1: Ordinance 2: Water Services Contract' rl>,. a {a„~,, ,i 3. PUB Minutes--03/11/87 } 4. Hickory Creek Ordinance h+ ~ r ~Ariu i }~Y~~b.T NYC J ~ ~r 1 + j 1 J r Y in f ~ N . II 4 _ 7• n 1 i t: l 1 _ . . n r Irv.. IM / 1. l ` R~ IMF 4~ ` 41 i EXCERPT OF PUBLIC UTILITIES BOARD MINUTES OF 3/11/87 Emergency A ,nda ~ , 1. CONSIDER APPROVAL OF WATER SERVICES AGREEMENT WITH TOWN OF AT~'K81Fy' Nelson explained that the subject agreement is very similar to the agreement with Lake Cities (Municipal Utility Authority), Nelson directed the Board's attention to page two of the agreement which identifies the "interim" nature ' of the agreement, and to page four which clearly denotes the "source" of the treated water. Nelson explained to the Board that it was important to emphasize that the water ~I supplied to Hickory Creek does not come 'from Denton'3 f 11water rights," but rather from the portion of water + . purchased from Dallas under the agreement between Denton and Dallas. Thompson moved to approve the water services agreement with Hickory Creek for recommendation to the City Council. Frady second. All ayes, no nays, motion carried ' unanimcusly. fit 7~ S r .a 7 f A 1 p 4 n y[YC na `r~~ !~r• 5 ' r [1 ' 1 1749L j f NO. AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE INTERIM SALE ~OFEXAS, APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE TOWNHOLOFESALE HICKORYTREATED PROVIDING FOR AN EFFECTIVE DATE. CREEK;tAAND THE COUNCIL OF THE CITY OF DENrON HEREBY ORDAINS: t' SECTION 1, rk~ That the City Council of the City of Denton; the contract attached hereto, between the City ofDenton T aer~dothe Town of Hickory Creek providing for the interim sale of a ri wholesale treated water. Y f d SECTION II. That the city Council authorizes the Mayor to execute, on r v behalf of the City, the contract herein a s pproved. . SECTION I I i. That this ordinance shalt become effective immediately upon < r its passage and approval. ; PASSED AND APPROVED this the ` da) of 10,87. ~ r ^3 > CITY OF DENTON, TEXAS ATTEST: i``* ACTING CITY SECRETARY CITY OF DENTON, TEXAS t>, M APPROVED AS TO LEGAL FORM: t, y i„ r DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OF DENTON, TEXAS r x4 ° BY: 01 Y Y. - •A ttik'..:i•~.» q~if...:.iW-br2 Wxr .NaS'N.4..:IIG.../MwVS+~i' , i RESOLUTION RAGAPDINO Tea 1NTERIN wmuALs WATER CONTRACT BETMEEN TIN CITT Of Ds1Pf0R AND Tom TOWN Of 11CROET CREEK I The Town Council of the Town of Hickory Creek, Texas, in public meeting duly called and held on the - day of , 1917, among other proceedings considered as a proper agenda Item the fallowing Resolutions WHEREAS the Town of Hickory Creek, Trams to a duly organised general law municipality, organised pursuant to Arts, 961-1132, Ch, 1-11, Title 21, TEX. AM CIV, $TAT, ANN. (Vernon, 1963 and Vernon Supp., 1915), being a political subdivision of the state of Texas engaged in the administration of local government and yr, related services for the benefit of the citizens of the Town of Hickory Creeks and WHEREAS, the Town Council rf the Town of Hickory Creak, Texas has determined that it to nocessery to provide a larger supply of wholesale treated water to the c'.tisens of the Town of r Y,yt Hickory Creek because of increased growth in the Town? and, }f s WHEREAS, the Town Council of the Town of Hickory Creek, t'. Y Te:•as ham found it in accordance with the public interest to seek C4 prr:ia ens for a wholesale water cappiy system, and the Clay of 1 Den1.0It *sxao owns and operates a -rater treit.nont anJ distribution system, and is further agreeable, with .ooperi:ire 1r j(Itnt planning and funding of participating regional cities or entities, to expand its water treatment facilities in order to 4 r r, serve as a regional supplier of treated water? and, WHEREAS, the Town Council of the Town of Hickory Creek, Toxam, has reviewed the alternatives io the wholesale treated i' water situation and is of the opinion that the beet alternative would be a cooperative agreement with the City of Denton, Texas, for wholesale treated water servicel and, a z`: ,a4 WHEREAS, the Town Council of the Town of Hickory Ctesk, Texas and the City of Dentdn, Texas believe it would be in the beet interest of both parties to enter into a future contract to provide foe the Joint planning, funding, and ownership of t r additional water treatment facilities to serve the future water J7 , t'r+`,„require-ants of both Hickory Crook and Denton) and, LAW OFFICES OF DON R WINDLE, P,C, y ~ REf+DLDTIOH, PACE 1 2220 San lacinto Bird . Suite 100, LH•1 • Denton, TX'620f • 111?) !63.1661 • Metro: 470'06:1 I e f , WHERIAS, the Town Council of the Town of Hickory Creak, Texas, desires to enter into an interim wholesale water supply contract with the expectation and condition that it will enter into a future wholesale water treatment contract with Dentodr NOW, THERIFOREs DS IT RISOLYED BY THE COUNCIL OF TER TOWN OF HICKORY CREEK, TIKAS, THAT$ 1, It is hereby determined that it is necessary and In the bast interest of the public to provide a larger supply of wholesale treated water to the citisens of the Town of Hickory Creek. 2, The City of Denton, Taxes owns and operates a water treatment and distribution system, and is further agreeable, with cooperative joint planning and funding of participating regional cities or entities, to expand its water treatment facilities in order to serve as a regional supplies of treated water and has r offered use of its water treatment and distribution system on an ` interim basis to the Town of Hickory Creek. 3. It has reviewed the alternatives tc the wholesale water 1 treatment sitaition and is of the opinion that the beat dt' aG Y` alternative is a cooperative interim agreement with the City of Denton, ?exa±, for wholesale treatei dater cervicos, 4, It i, in accordsncc with the pablic Lntereat to :cn'< Y u 6 provisions for a w0014141e water apply aysten, Anj the City a Denton, Texas owns and operates a water treatment and t Y'` distribution system, and is further agreeable, with cooperative joint planning and funding of participating regional cities or u {I entities, to expand its water treatment facilities in order to serve as a regional supplier of tree#ed water) and, ' S, it would be In the best interest of both partite to enter into a future contract. to provide for the joint planning, funding, and ownership of additional water treatment facilities ' to serve the future water requirements of both Hickory Creak and f 'ix y4x Denton. S.' The Town of Hickory Creek, Texas desires to enter into that certain interim Wholesale Water Supply Contract proposed ;(f Between the City of Denton and The Town of Hickory Crook, with 4 the expectation and condition that it will enter into a future 4 LAW OFFICES OF DON R. WINDLE, P,C, RESOLUTION, PAOI 2220 San Jacinto 81~d , Sw,e 200, LB-! • Derion, TX 76205 • (111) S61•Iiis • Metro: 430'06'.: { ~f ~~a water treatment facility joint ownership Contract With Denton, slid agreement being in the fora presented by the City Attorney to this luting, a copy of which 11 in the custody of the.Clty Secretary, at the earliest opportunity, { 7. A true and correct copy of this Resolution is hereby ORDERED to be posted as the City Offices and the Community Centel of the Town of Hickory Creek, Texas, in a conspicuous public f place for a period of thirty (10) days after the executioi of ' this Resolution, said period beginning not later than r 1917 and continuing for thirty 110) consecutive days thereafter, 1. Effective with the passage of this Resolution, the execution of that one certain Interim Wholesale water supply Contract Between The City of Denton and The Town of Hickory Creak shall be approved and executed by the xayor and Councilmembers of the Town of Hickory Creek, Texas. + PASSED and APPROVED by the Town Council of the Town of Hickory Creek, Texae on the _ day of 29170 1 pursuant to agenda item in regular sees on. .MIKE HERS, 'M YOR •~'d ! TOWN '1ICYORY C.1£EK, TEXAS r 'er ;r s e.. '1 ` -`Council member 11 Council Member - Council Member it r 1 a M ` , a ri• - Counoll Member + r APPROVED AS TO FORM ATTEM AND AS TO CONTENTr 1 ~ ^p ,Ya kl 2 "Wr 2 ZA A AR2N 1^, TOWN ATTORNEY TOWN SECRETARY ° LAW OFFIC' OF DON L WINDLE, P.C. ' RESOLUTION, PACE 1 , 2220 San )aeimo SM., Suitt 200, LB-1 a Demon, TX '6201 • (811) $61.1891 a Niriro: 420.0622 r, I II 1 1' i 1 INTERIM WHOLESALE WATER CONTRACT BETURN THE CITY OF DRNTOY AND a ,'a THE TOWN OF HICKORY CREEL ~ 4%4 nd r +yy !gin xl} ,4 t. .riM e:'t. It 1 I i f ~~ly r, 1 f .t•.A, ~~t,~'`'~~~t.~,: t./f.:` r" ye 4 Ian 'st• . 1 i r 1 i i 1 i INTERIM WHOLESALE WATER CONTRACT ' BETWEEN THE CITY OF DENTON AND THE TOWN OF HICKORY CREEK TABLE OF CONTENTS r f A. WATER SUPPLY PROVISIONS PAGE Definitions % a l^ rt 2. Interim Water Su 1 t PPiY Contract , 3. Conditions of Supply A . + 3 ~r- ti" 4. Plq;a'red S E; 15 ,,r t, Ystem and Standards 4 i . Y: 5, ifetering S 6 o, Annual Water Requirements ` 7. Rates 7 b Pay 10 ment `t 13 B. GENERAL PROVISIONS 9. Effective Date 13 4 F . 10o Term ~ .r = 11. Notice and Agents 14 1? o. 12. Termination and 14 Suspension is jaw 13. Liability 1' 1, l/. 16 Severabilit ;ati, R Y 5' +s 16 IS* Assignment 16 ° 16. Entire Agreement; Modification 17, Headings 16 r: 17 C. I` I9ITS s s a a 1 , 7 r 1749L s THE STATS OF TEXAS S INTERIM WHOLESALE WATER SUPPLY CONTRACT BETWEEN THE CITY OF DENTON COUNTY OF DENTON I AND THE TOWN OF HICKORY CREEK WHEREAS, the City of Denton owns and operates a water treatment and distribution system; and, WHEREAS, continued growth in the Denton area will create the need for additional water treatment facilities for regional use; and, WHEREAS, Denton is agreeable, with the cooperative Joint ? " planning and funding of entities, to expanding its waterictreatment rfacilities line order to serve as a regional supplier of treated water; and, WHEREAS, continued development in the Town of Hickory Creek has created the need for an additional treated water supply for Hickory Creek; and, WHEREAS, Hickory Creek desires to purchase treated water r, from Denton to meet that need; end, fu, h'I]EkEAS, Denton is agreeable to supplying treated water to tk Hickory Creek for its present water needs on an interim basis on the expectation and condition that Hickory Creek will enter into a future contract with Denton to provide for the joint planning, funding, and ownership of additional water treatment facilities rt to serve the future water requirements of both Hickory Creek and I Denton; and, k` s,a NOW, THEREFORE, the CITY OF DENTON and the TOWN OF HICKORY CREEK, municipal corporations located in Denton County, Texas, agree as follows. • a.e t n r rt, A. WATER SUPPLY PROVISIONS I 1 1. DEFINITIONS 1,1. Definition of Terms. The words used in this Contract shall, un ess The context clearly indicates otherwise, have the following meaningst (a) "Demand" means the maximum quantity of water, In gallons, that would flow past a fixed point, if that rate of flow were maint.ined consistently for a continuous period of twenty-four )lours. I rl t,t ;k k M "Denton" means the City of Denton in Denton County, k Texas. C (c) "Delivery Point" means the place, whether one or more, at which treated water from the Denton System is made available for use by Hickory Creek, as shown in Exhibit A. (d) "Hickory Creek" means the Town of Hickory Creek in Denton County, Texas. (e) "System" means the properties and facilities used for j delivering, pumping, receiving, transporting, or treating water. ` (f) "Volume" means the quantity of water, in gallons. } a, (g) "Water Year" shall mean the period of time from June 1 to May 31 of the succeeding year, 2. INTERIM N'ATER SUPPLY CONTRACT s2 2.1. Interim Sale of Excess Ca,t The treated carer to be supplied c cry Creek under r is Contract shall be from the excess treatment capacity of the existing i~enton water treatnent facilities, and the allocation of a portion of that capacity to C meet the requirements of this Contract is for the sole purpose of providing for the interim sale of water until such time as Denton Itas need for that excess capacity to meet the require- 1. meats of its own System, unless the parties jointly provide for , the cost of funding additional water treatment facilities as provided for herein. ~i 2.2. Continued Water Su 1 Contingent on Joint Ownersb+C~~on- tract. As the water supply requirements o the entr,it System increase Denton will be required to meet that need by making use of that excess treatment capacity allocated to Hickory Creek ' under this Contract, and by the construction of additional water treatment facilities. However, unless Hickory Creek is able and willing to enter into a contract ("Joint Ownershipp Contract") with Denton and other participating cities or antitiest if Any, to provide for the point planning, funding, and ownership of Js+' =a additional water treatment facilities, Denton way not ue able to provide for the cost of sufficient additional water treatment t facilities to meet the future treated water requirements of both Denton and Hickory Creek. This Contract, therefore, contemplates that continued performance of the delivery of treated water by Denton to Hickory Creek throughout the term of this Contract is based upon the expectation and condition that the parties will PAGE 2 i I I enter into the proposed Joint Ownership Contract to provide for the cost of additional water treatment facilities to meet the future treated water needs of both parties. 2.3. Letter of Intent. For the purpose of signifying the good faith o the part es and facilitating discussions on the Joint Ownership Contract contemplated by this Contract, the parties shall, concurrently, on the respective dates this Contract Is approved by the governing bodies of the parties, execute the Letter of Intent, attached hereto as Exhibit 8, setting forth the general concepts on which the terns of the Joint Ownership Contract will be negotiated and discussed. The general provisions and concepts of the Letter of Intent shall not, however, obligate or find either party to enter into a Joint Ownership Contract containing terms ire compliance with the stated general provisions or concepts, but may be made on the basis of any terms agreeable to both, This Contract shall not be effective until and unless both parties approve and execute the attached Letter of Intent. 2.4, 111lemcatation of Joint Ownership Contract, If, during any Water ear o r s contract, Denton: (a) Determines that it will, for the succeeding Water Year, need the excess water treatment capacity allocated to j Hickory Creek under this Co,,rract to serve the require- ments of the Lenton System; L•, i { (b) Proposes to review or accept, during the succeeding Water Year, engineering proposals for the construction 1 of additional water treatment facilities, 4 Y it shall give written notice to Hickory Creek of the determina- tion or proposal. If within one year of the date the notice is sent by Denton, Denton and Hickory Creek shall fail to enter into the proposed Joint Ownership Contract as provided for herein, Denton may thereafter terminate this Contract at any time by giving written notice to Hickory Creek at least one year Prior to the termination date. 3. CONDITIONS OF SUPPLY 3.1. Master Plan. Prior to the beginning of the first Water , Year," c ory reek shall furnish to Denton a Water Master Plan ("Plan"). The Plan shall contain the information required by ` Exhibit C, attached hereto and incorporated herein by reference. The Plan shall be revised and submitted to Denton with the most recent information required by Exhibit C, no later than the end of every five successive Water Years. i PAGE S 11 i t ti I ~ I 3.'. Service Area. The water to be supplied under this Contract shall e sole purpose of distributing treated water through the Hickory Creek System within the Service Area shown In Exhibit D, attached hereto and incorporated by reference. The Service Area may be enlarged by the mutual consent of both parties, as shown by an amendment of Exhibit D, duly signed by the authorized agents of both parties and attached hereto. If approved by Denton in writing, Hickory Creek may provide water j service to specified customers outside the Service Area with the water supplied by Denton, without amendment of the Service Area shown in Exhibit D. 3,3. Exclusive Service Contract, Denton shall have the sole 1 sight to supply treated water to Hickory Creek during the term of this Contract. Hickory Creek shall not purchase or receive I treated water from any other party for distribution through its System within the Service Areea without the prior written consent of Denton, so long as Denton is able and willing to meet the Yolune and Demand requested by Hickory Creek in any Water Year. This provision shall not, however, prohibit Hickory Creek from , contracting with any third party to provide for the E ` transportation or delivery of the water agreed to be supplied under this Contract through or by use of all or part of the System of another party, if Denton agrees, in writing, to deliver the water through the System of the third part;. 3.4. (rater Source :nd Curtailment. (a) Source of Water. The treated water supplied under th15 Contract will be provided exclusively from the untreated water that Denton purchases from the rlty of Dallas and treats at its L water treatment facilities. Although Denton will exercise due diligence to assure the delivery of water to be supplied under this Contract, the obligation of Denton to meet the water requirements of Hickory Creek as provided for in this Contract shall be expressly limited by the available untreated water supplied to Denton by Dallas. In no case shall this Contract confer upon Hickory Creek any right to be supplied by Denton with water fror. any other water source, or require Denton to make use of any water it is authorized to appropriate or use under aaw "water right," as authorized and defined by the laws of Texas, in order to fulfill its obligation to supply water to hickory Creek utader this Contract. (b) Curtailment of Water Source. Should the supply of untreated water to enton rom t e-TTly of Dallas be reduced or terminated for any reason during the term of this Contract, Denton may concurrently reduce or terminate the supply of treated water to Hickory Creek, without liability to Hickory f PAGE 4 { Creek. In the case of -a reduction, the Volume of treated water requested or required by Hickory Creek and all other wholesale treated water customers of Denton supplied from that source for the Plater Year in which the reduction occurs, s:►all be reduced by the same percentage as the percentage of the reduction in the Volume of untreated water received by Denton from the City of Dallas. Denton shall, upon receiving notice of the reduction or termination of the supply of untreated water from Dallas, give { prompt written notice of its intent to reduce or terminate the supply of treated water to Hickory Creek. i (c) Pro ortionate Reduction by Force Ma cure. Where the supply of-treare water rem the Raton ystero s reduced by rea- son of "force majeure," as provided in this Contract, the supply of treated water to iickory Creek and all other water customers of Denton shall be reduced pro rata, so that all customers will bear the same proportionate reduction, unless the "force majeure" shall so affect only a part of the System so that a proportionate reduction is not possible as to one or more customers, or Denton determines that a reduction in supply to a customer would adversely affect the health or safety of that customer to a degree that would not be common to other cusrtntrs. 4, REQUIRED SYSTLO AND STANbARDS 3.1. S)sten Required by Hickory Creek. Hickory Creek shall t construct, install, or of erw se pro►Tde and pay for, at its expense, the properties and facilities used for delivering, pupping, receiving and transporting the water ("System") from the Delivery Point to the Service Area. 4.2. Deliver Point. Denton shall deliver the water contracted for at the e very Point shown in Exhibit A, attached hereto and incorporated herein by reference. The Delivery Point may be changed, or additional Delivery Points added by the mutual conses.t of both parties, as shown by amendment of Exhibit A, duly signed by the authorised agents of both parties and attached hereto. 4.3 Conveyance from Delivery Point. It shall be the sole respon- i biblltyof Hickory ree to convey and deliver the water from the Delivery Point to the System of Hickory Creek. To do so, this Contract contemplates that Hickory Creek will contract with + the Town of Corinth to provide facilities necessary to transport the water to be supplied under this Contract from the Delivery Point to the Hickory Creek System. Denton shall have no liability G ? to Hickory Creek for any interruption in the delivery of water to sr the Hickory Creek System resulting from any defect or failure of the System of the Town of Corinth or resulting from any dispute PAGE 5 i or default arising from any contract between Hickory Creek and the Town of Corinth to provide for the delivery of the water agreed to be supplied by De,ttoh under this Contract. 4.4. System 2nd Service Standards, Hickory Creek shall con- struct, reconstruct, repair an maintain its System so as to comply with applicable Federal and State laws and the rules and regulations of any agency having jurisdiction thoreof. Hickory Creek shall abide by the "Conditions of Service for New Treated Water Wholesale Customers" ("Conditions of Oervice") applicable to the water customers of Dallas, as shown in Exhibit E, attached hereto and incorporated herein by reference, except to the extent that any provision of the "Conditions of Service" conflict with any other provision of this Contract not contained in the "Conditions of Service". S. METERING S.I. Installation and Ownership of Metering Equipment, (a) Hickory Creek shall design, construct, and install, at its expense, the meter vaults, rare-of -flow controllers, valves and other associated equipment, other than meters, as specified by Denton, necessary to measure or regulate the amount of water delivered for the use of Hickory Creek, Meters shall be furnished and installed by Denton at the expense of Hickory Creek, The type, location and manner of installation of the ' equipment to be provided by Hickory Creek shall be approved in writing by Denton prior to installation. After approval and acceptance by Denton, in writing, of the equipment, it shall become and remain the property of Denton, (b) The initial metering equipment shall be located as specified in Exhibit F, attached hereto and incorporated herein f by reference. If a metering location is changed or additional metering locations added, it shall be at Hickory Creeks expense, and the changed or added location shall be shown by amendment of Exhibit F, duly signed by the authorized agents of both parties and attached hereto. S.2. R-ading and AdJustmenta (a) After acceptance, Denton shall be responsible for the operation, maintenance, repair, testing, adjusting and reading of the metering equipment. Hickory Creek shall have access to the metering equipment for examination and Inspection. Denton f shall test and calibrate the metering equipment annually in the presence of a representative of Hickory Creek. Upon th9 request K 4 PAGE 6 i I I i I tt7 i of Hickory Ctnek, Denton shall test the meters more frequently than annually, the cost of which teat shall be paid by Hickory Creek, j (b) If any meter is found to be registering the quantity of , water incorrectly by more than two percent (21), then the payments made by Hickory Creek for water received from the period of time since the lest testing of the meter shown to be accurate, or for a period of six months, whichever is less, shall be adjusted for the applicable period of time, by adding or 6ubtracting tha adjusted amount, as the case may be, on the succeeding billing made to Hickory Creek. 5.3. Vnit of Measurement. The unit rf measurement for all water referred to in this ontract, unless specified othert:iso, shall i be 1,000 gallons, U.S. Standard Liquid Measure. 6. ANNUAL WATER REQUIREMENTS 6.1. Beginning S2221Y Date. (a) At least 30 d,,;s prior to the dare that the System and all metering equipment necessary to the performance of this Contract are proposed to be completed by the respective parries as required by this Contract, the parties shall set a mutually aareeabl. date ort which the water contracted for shall begin to be delivered and received ("hater Supply Uate"), and fix the Volume and Demand requested from the hater Supply Date until the beginning of the first hater Year. The haler Supply Date agreed upon and the Volume and Demand requested, shall be as shown in Exhibit G, be signed by both parties, and attached hereto and incorporated herein by reference. Should the parties fail to establish a Water Supply Date in writing within one year of the effective date of this Contract, either party may terminate this Contract upon thirty days written notice to the other. (b) The charges provided for in 7.2, 7.3 and 7.4 shall ' apply for the period of time from the Water Supply Date to the beginning of the first Water Year, except that, for the purpose of determining the applicable charges for the period of time specified herein: (1) "Water Year", as used in 7.2, 7.3, and 71 41 shall mean, that period of time from the Water Supply Date to the beginning of the First Water Year, and (i) "Volume Requested" and "Demand Requested," as used in 7.3 and 7,40 shall ° mean and refer to, respectively, that Volume and that Demand shown in Exhibit G. 1 PAGE 7 -i , i 6.1. Volume and Demand for Water Years. (a) The water to be supplied shall be at the Volume and Demand established for each Water Year as provided herein. The Volume and Demand shall be measured at the location, whether one or more, where the water supplied to the Hickory Creek System is metered, as shown in Exhibit F. (b) Not less than 120 days prior to the beginning date of the first and each successive Water Year, Hickory Creek shall give written notice to Denton of Hickory Creek's requested Volume and Demand for the first Water Year, and the projected ! Volume and Demand for each successive Water Year during the term of this Contract. The first Water Year during this Contract 4 shall begin on the next June 1, following the Water Supply Date. For the first Water Yaar, Hickory Creek shall request a minimum annual Volume of two million gallons (2,000,000) and a minimum Demand of ten thousand (10,000) gallons per day (g.p.d.). If the first Water Year is to begin prior to 110 days after the effective date of this Contract, Hickory Creek shall give the first required notice of its water requirements within thirty (30) days of the effective date of this Contract. s (c) The annual novice required to be given by Hickory Creek of its annual water requirements shall be designated as Exhibit 11, sighed by the authorized agents of both 1,artles, and 3trached ,t hereto and incorporated herein by reference. Each successive notice shall be dated, signed by the authorized agents of both E parties, and attached hereto as an amendnenr of the prior notice given by Exhibit H. The annual notice requi-ed shall be In the form shown it, the Exhibit H, attached hereto as a san; le form. Each successive notice shall be designated by the Water fear for which it is Qiven (e.g., WY-88, WY-89, etc.). i (d) The Volume requested by Hickory Creek in any Water Year shall not be less than the Volume requested or delivered for any prior Water Year, except in accordance vith the provisions of 6.3 of this Contract providing for the reduction or termination of water requirements. If, after Hickory Creek gives the j required notice of its water requirements for the succeeding Water Year, it is found that the Volume requested for any successive Water Year is less than the Volume of water delivered in any prior Water Year, Exhibit H, shall be amended to show the greater Volume. (e) Upon the written request of Hickory Creek, Denton may, in its sole discretion, waive all or part of the 120 day notice required to be given for any successive Water Year. Any waiver granted by Denton shall be done in writing and shall specify 1 I f PAGE 9 within what period of time the notice shall be required. Should Hickory Creek fail to give notice of its water requirements for any Water Year, the Volume and Demand for the succeeding Water Years shall be the same as that established by the prior notice properly given, as shown in Exhibit H, + 6.3. Reduction or Termination of Water Requirements. (a) If Hickory Creek should wish to reduce or cease taking the Volume that would otherwise be required to be requested for one or more Water Years, it shall give Denton written notice of its intent at least five years prior to the beginning of the i Water Year in which the reduction or discontinuance is proposed. The notice shall specify the beginning date of the proposed reduction or discontinuance and, in the case of a reduction, the reduced Volume and Demand that will be requested for each of the remaining Water Years, or portion thereof, after the beginning date of the proposed reduction in Volume. (b) At least one year prior to the beginning date of the proposed reduction or discontinuance, Denton shall make a deter- mination of whether the requested reduction or discontinuance will be allowed. The determination shall be made by cons'dering to what extent Denton could, by supplying additional water customers during rho period of reduction or discontinuance, recover the cost incurred in meeting the requirements of this Contract, including, but not limited to, the cost of purchasing untreated water from Dallas for the purpose of supplying Hickory Creek, and the capital cost of the facilities used to meet the + M requirements of this Contract. (c) At least one year prior to the beginning date of the proposed reduction or discontinuance, Denton shall send written notice to Hickory Creek of its determination. If Denton deter- , mines that all or part of the costs incurred in meeting the requirements of this Contract could be recovered during the period of reduction or discontinuance by supplying other customers, it shall specify to what extent the Volume that would otherwise be required to be received by Hickory Creek, will be reduced in the remaining Water Years, or, if discontinuance has been requested, on what date, if any, It will allow Hickory Creek to tease receiving water under this Contract. (d) If Denton allows Hickory Creek to cease taking water under this Contract, this Contract shall terminate on the date specified by Denton that Hickory Creek shall no Ion or be required to receive water. If the reduction or discontinuance requested by Hickory Creek is not initially allowed by Denton, Denton may subsequently allow further reductions or later r L I PAGE 9 7 t I i discontinuance in accordance with the request made, as alternate water customers for the water supplied to Hickory Creek are found. If Denton should fail to give notice of its determina. tion as provided herein, Hickory Creek's request for reduction or discontinuance shall be considered denied. s 1 (e) If a reduction or discontinuance is aliowrd it shall be shown by the amendment of Exhibit H, duly signed by the authorized agents of both parties. Thereafter, in thu case where a reduction in Volume has been allowed in any Water Year, the provisions of 6.2 regarding notice of Volume and Demand for - each successive Water Year shall apply to the reduced Volumv j allowed. 1 7. RATES 7.1. Basis of Rate. The rates applied to Hickory Creek for the water supp e ~ Denton under this Contract shall be fixed so :a. as to be Just and reasonable, without unlawful discrimination, and consistent in application to the class and type of service provided Hickory Creek. In establishing the rate, Lenten shall take into account: (a) The cost of supplying treated water at the Volume and Demand required; f! (b) Any capital costs and debt retirement expenses of its w 1 System to be paid from the rate charged; Y Y'4 (c) A reasonable return on Denton's invested capital used aandd, useful in rendering the water services provided; (d) Any other costs directly attributable to providing the water service under standard, accepted cost accounting practices. s ' y' 7.2. Rates Established b ordinance. Hickory Creek shall be + charge an s a pay enton or treated water for each Water Year at the rate established in the applicable Rate Schedule approved by ordinance of the City Council of Denton. The initial Rate Schedule is shown in Exhibit 1, attached hereto and incorporated herein by reference. 7.3, Volume Rates. Hickory Creek shall pay the "Volume Rate" and Me-A-41 ness to Serve Rate" for the Volume requested or r received in each Water Year, at the rates provided for in the applicable Rate Schedule, applied as follows: .V f .1 I PAGE 10 I (a) "Volume Rate": For the Volume received by Hickory Cree (b) "Readiness to serve Rate": For the Volume requested by H c ory tee , ut not received by Hickory Creek, where Denton was willing and able to deliver the Volume requested, The "Readiness to Serve Rate" shall be used upon the cost of untreated water purchased by uenton from the City of Dallas to supply treated water to Hickory Creek under this Contract, 7.6. Demand Rate, Hickory Creek shall pay monthly the "Demand Rate" as rov ed for in the applicable Rate Schedule, for the greater of: (1) the Demand requested for the current Water Year; or, (2) the highest Demand requested in any one of the five (5) prior Water Years; except as follows: (a) Should Denton be unable to supply the Demand reqquested, as needed, for the current Water Year for: (1) seven (7) or more consecutive days during the t from Septer;ber 1 to April 30; ril 30• or period of time (2) for seven (7) or Y±: j more consecutive days and up to twenty-nine (29) consecutive days, during the period of time from Nay 1 to Uctober 31; the "Demand kare" for those days shall be calculate,: as follows: Demand Supplied x Lemand Rate x Days of Reduced Demand uN Days n Alonr (b) Should Denton be unable to supply the Demand requested 1 for the c;irtent Water Year, as needed, for thirty (30) or more consecutive days during the period of time from May l to October 31, the "Demand Rate," as provided in the applicable Rate Schedule, shall be adjusted so as to apply an "Adjusted Demand Rate" calculated as follows: ' s 'e Demand Supplied x Demand Rate y Demand d Requested The "Adjusted Demand Rate" shall apply for the entire current Water Year, The first billing month in which the "Adjusted Demand Rate" is applied shall include an adjusted amount to account for the application of the "Adjusted Demand Rate" to any months previously billed in that Water Year under the unadjusted "Demand Rate". 7.S. Amendment of Rate. The water rate shall increase or 4ecreise rom t me during the term of this Contract in ~ E f PAGE 11 r. ;y accordance with any amendment of the gate Schedule applicable to Hickory Creek, as approved by ordinance of the City Council of s Dentoe. At least ninety (90) days prior to the effective date of any proposed amendment of the Rate Schedule applicable to hickory Creek, Denton shall send written notice of the proposed amendment to Hickory Creek. If Denton fails to give written notice at least ninety (90) days prior to the effective date of the amendment, the amendment shall become effective on the ninety-first day after the written amendment of the applicable Rate Schedule,icExhibitsIntshall Upon amended by attaching a copy of the amended Rate Schedule. 7.6. Proposed Capital Recovery Fees. (a) Proposed Fee. Purpose. The parties recognize that i Denton is cons --Bering mpos ng a "capital recovery fee" or "impact fee"' as an alternative method of funding the cost of expanding its System to serve the requirements of present and future users. As proposed, the additional fee would be charged to all new customers connecting to Denton's System in amount j necessary to pay for all or part of the cost of providing the + additional System required to serve those new customers. If enacted by Denton and applied to all new customers connecting to the Denton System during the term of this Contract, the parties recognize and agree that the failure to charge a similar fee for new customers connecting to the Hickory Creel, System would result > in Denton's new customers paying a disproportionate amount of the cost of the expansion of Denton's System required to serve both cities. (b) Additional Pa ROM U on Imposition of Fee. Hickory Creek agrees that anion oes mpose ur ng the term of this Contract an additional "capital recovery fee," "impact fee," or other charge by whatever name, upon new customers connecting to the Denton System, for the purpose of providing an alternative method of paying for all or part of the cost of the expanded System required to serve those customers, Denton may charge Hickory Creek and Hickory Creek agrees to pay, in addition to other payments specified in this Contract, an additional fee or charge on the water delivered to Hickory Creek. The charge shall be equal to the amount that would be charged to new customers connect" to the Hickory Creek's System had those customers connected dire-tly into the Denton I S stem. as provided for Y in the ordinance im fee or charge. Hickory Creek shall have the sole discretion and authority to decide how the additional revenues necessary to pay the additional charge shall be imposed, charged and collected from the customers of its System, subject to any restrictions on the source of payments as provided in this Contract. I 1 ~ PAGE 12 i i f ' I (c) Method for Providing for Fee and Payment. Denton may impose the additional c arge or ee upon Hickory Creek upon the effective date of the ordinance previding for the charge or fee, by amending the Schedule of Rates applicable to Hickory Creek, or with the consent of both parties, by amending this Contract 3 to provide for the imposition and collection of the additional charge, Hickory Creek shall provide all necessary information and rer:ords to Denton as is required to calculate, administer or ~ impose the fee. { 8. PAYMENT I 8.1. Billing and Pa went. Denton shall bill and Hickory Creek f shall paor t s-e er provided for in this Contract in I accordance with the provisions of the applicable Schedule of Rates or other applicable ordinances of Denton providing for the billing and payment of water services. 8.2. Hickory Creek to Fix AN es uate Rates. Hickory Creek agrees to esia s an co act rates an charges for the services to be supplied by its System as will make possible: (a) The prompt payment of all charges provided for in this Contract; r (b) The prompt payment of all expenses of operating and maintaining the System; and, R, (c) The prompt payment of the principal and interest on its obligations, if any, payable from the revenues of its System, or if jointly funded and operated with its r wastewater collection system, payable from the revenues k of the combined systems. .r, 8.3. Source of PP_ay4een_tss. Hickory Creek agrees that no tax revenues shall be pledged to the payment of amounts agreed to be paid under this Contract and that all payments due Denton under this Contract are to be made from the revenues and income received by Hickory Creek from its System, or if jointly funded and operated with its wastewater collection system, from the revenues and income of the combined systems. 1 B. GENERAL PROVISIONS 9. EFFECTIVE DATE 9.1. Effective Date. This contract shall, except as otherwise provi a or are n, become effective on the date it is approved PAGE 13 s by ordinance or resolution of the governing bodies of the respec. € tive parties, if on the same date, or, if not the same date, on I the later date of the respective dates the approval is given. As shown in the respective ordinances or resolutions, the effec- tive date of this Contract is the day of , 1987. 1 9.2. Contract Subject to Approval of Wastewater Contract. This Contract contemplates that the parties will, on t e elfective date of this Contract, concurrently enter into a contract where- by Denton will provide Hickory Creek with wastewater treatment and disposal services. Should the governing body of either party fail, on the respective dates this Contract is approved by the governing body of each party, to approve a wastewater services contract agreeable to both parties, this Contract shall no- be effective, unless and until each party hereto shall thereafter approve such wastewater services contract. t 10. TEkkd Tern of Contract. This Contract shall continue in force until r e 3Tsr Cay oF-'Eay, 1997. t' ll. NuTICA ANL AGEtirs " il.t Address for Notice. Unless notified otherwise in writing, all notices rege3~-ro be given to the parties under this E Contract shall be in writing and sent by certified mail to the respective parties at the following address. r To Denton To Hickory Creek Director of Utilities Mayor of Hickory Creek Utilities Administration P.O. Box 453 21S E. McKinney Lake Dallas, Texas 7S06S r City of Denton, Texas 76201 s 11.2 Desi natiad Agents. For purposes of administering this Contract, eaton s a act through its Director of Utilities, or the Director'4 duty authorised representative, and Hickory Creek shall act through its Mp.;or, or the Mayor's authorized repre- sentative, unless otherwise stated in this Contract. 1 p i PAGE 14 i t2. TERMINATION AND SUSPENSION 121 Concurrent Termination of Contracts. If during the term of this Contract, The wastewater service; contract between the parties is terminated In accordance with its terms, this Contract shall terminate on the date of the termination of the wastewater contract. 12.2 Termination Upon Default. (a) Should Hickory Creek fail to comply with or perform any "ondition or obligation on Its part, and, if after such failure Denton shall give written notice to Hickory Creek of the breach of the provisions of this Contract, Denton shall have the right to terminate this Contract after 60 days following the date the notice was sent, unless Hickory Creek shall perform the condi- tions or obligations specified in the notice within the 60 day t period. (b) The failure of Denton to exercise any right of termina- tion or its failure to seek enforcement or performance of any r provision at any tine, shall not be construed to be a waiver by Denton of the performance of any provision of this Contract, or the waiver of the right of Denton thereafter to exercise its right of termination, or to seek enforcement ,,r performance of any provision of this Contract. q 12.3 Pa ments Due. The termination of this Contract shall not release Hickory reek from its obligation to make payments for services rendered under this Contract prior to the date of termination. 11.4 Suspension by Force Ma eure. a r ~ (a) If by reason of "force majeure" either party is unable to perform any obligation of this Contract, it shall give notice of the force ma}eure to the other party in writing within ten days of the occurrence relied upon. The obligation of the party giving the notice, to the extent and for the period of time affected by the force ma}eure, shall be suspended. The party giving notice shall endeavor to remove or overcome the inability with all reasonable effort. In no case, however, shall Hickory ' Creek's obligation to make payments for water already delivered to Denton be suspended. A 1 yu (b) "Force Ma)eure" shall mean acts of God, landslides, lightning, earthquakes, hurricanes, storms, floods, or other natural occurrences; strikes, lockouts, insurrections, riots, wars, or other civil or industrial disturbances; orders of any i , i PAGE 15 kind of the Federal or State government or of any civil or I military authority; explosions, fires, breakage or accidents to machinery, lines, or equipment, or the failure of the System or wastewater supply system; contamination of the System or the water supplied; or any other cause not reasonably within the control of the party claiming the disability. 13, LIABILITY Liability for damages arising from the delivery, transpor- tation, and use of all water covered by this Cont:ect shall, as between the parties, remain with Denton until delivered for the use of Hickory Creek at the Delivery Point, and after passing the Delivery Point, remain with Hickory Creek. As between the parties, each agrees to save and hold the other party harmless from all claims, demands, and causes of action which may be i asserted by anyone on account of the delivery, transportation or use of the water covered by this Contract while the water is in control of the other. 14. SEtiERABILITI' This Contract shall be subject to all valid laws, rules, and regulations of the United States and the State of Texas, or any governmental body or agency havin °h g jurisdiction thereof. If i any provision of this Contract is by any court held to be illegal or in conflict with any law or regulation, the validity K { of the remaining provisions of this Contract shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. , i 15, ASSIGNMENT Hickory Creek shall not assign nor transfer in whole or in part the rights and privileges granted in this Contract without first obtaining the written consent of Denton. y 16. ENTIRE AGREEMENT; MODIFICATION This Contract embodies the whole agreement of the parties. There arA no promises, terms, conditions, or obligations other` ' than thos; contained herein. This Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties, and all modifications of !i this Contract shall be in writing and approved by both parties. PAGE 16 j 17, HEADINGS All headings in this Contract are used for convenience only and are not intended to define or to limit the scope of any E provision. E i IN WITNESS WHEREOF, the parties acting under authority of Ifi their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, € EXECUTED this day of , 1987, I ATTEST: CITY OF DENTON, TEXAS i > F BY: :v JENNIFER WALTERS RAY _ MAYOR ACTING CITY SECRETARY ' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH : i CITY ATTORKtY CIT OF DENTONj TEXAS BY: ;y 1 Y ATTEST: TOWN OF HIC RY CREEK rl FJ S ~ A L c r f"'""' ' t G' vBY: CIT ECRETARY TOM OF HICKORY CREEK TEXAS APPROVED AS TO LEGAL FORM: DON R. WINDLE, CITY ATTORNEY it r TOWN OF HICKORY CREEX, TEXAS rYy r ~ t BY: J \ f ,y, I PAGE 17 . `4 C. EXHIBITS Exhibit subject 4 A Delivery Poi!. Location at which Denton will deliver water t. Hickory Creek. B Letter of Intent: Letter showing intent of parties to enter nto T proposed Joint Ownership Contract to provide for the joint planning, funding, and ownership of additional water treatment facilities to serve the Systems of both parties. C Water Master Plan Information: The information requ re to biU a sum tre y ckory Creek in its i ~ Plan. Service Area: The area to be served by the water supp e y enton to the Hickory Creek System. s< I i E Conditions of Service: The adopted "Conditions of ~s'.. ServEce !or Neu Treated 4ater Wholesale Custoners" applicable to water customers of the City of Dallas {1 incorporated in this Contract and made applicable to Hickory Creek. t ; Meter En Point: The location at which the water y ..j supp a is metered, 1 0 Water Su 1 Date: The agreed date water will begin to a supp e , and the Volume and Demand requested from the Beginning Supply Date to the beginning of the first Water Year, H Water Re ulrements foz Each Water Year, an eman re ueste The Volume Year, q Y c ory tee or each Water Rate Schedule: The water rates to be applied to ff~ COry tee , as established by the Rate Schedule i adopted by ordinance of the City Council of Denton. I f'; f 4( i t' y„ u i I ~y EXHIBIT B ' LETTER OF INTENT In accordance with paragraph 2.4 of the Interim Wholesale Water Contract between the City of Denton and the Town of Hickory Creek, to which this Letter of Intent s attached as ..t exhibit, the parties agree to negotiate in good faith for the purpose of entering into a Joint Ownership Contract ("Contract") to provide for additional water treatment facilities to serve the future water needs of both parties. The general provisions and concepts on which the proposed Contract is to be discussed and negotiated are as follows: 1. The and ownership nofa addiitionalvtreatmenthefacilitiesnninl funding, and between Denton, Hickory Creek and ( Plant es w oth who choose er cilia 1V+ to artici s or entit p pate, is 2. The participating in the Plant and the right torreceiveatreated watervfr m theePlantt in proportion to their respective purchases of Plant capacity, and shall be liable for the cost of construction, maintenance, operation and debt service in the sane proportion. µ e k °`I 3. In order to provide unified management of the Plant Denron shall be designated as Plant ;,tanager and shall be respon- sible for the design, construction, operation, and maintenance of the Plant. 4. An Owner's Committee, consisting of representatives of participating entities will be established, The Committee will insure effective cooperation in the planning, funding and operation of the Plant and shall have the responsibilities agreed »,y upon in the Contract, y CITY OF DENTON, TEXAS r BY: R sa TOWN OF HICKORY CREEK •i/ t , r ' .u e ze~~W, • TOWN OF HICKORY CREEL i 1 EXHIDIT C WATER AND WAST>OTEII-'NWEA PLAN DATA ~ I I. WATER • A. Existing System 1. Written Oescription of Present Sys;es a. Pest Experience For The Previous S and 10 Year Periods ' 1. Avenge day water demand 2. Maxima day water immand 3. Population 4, Gallons per day per capita b, Oemands J~ c. Supplies d, Distribution e. Storage f, Land Use Future Improvements h. Goals 2. Map of System kt`,t a, Entity's Owned Facilities b. Purchased water Facilities c. All Transmission and Distribution Mains ~~uM 3. Entity's Owned Facilities a. Types of Facilities a} F 1. Wells 2. Water Treatment Plants 's, 3. Storage Facilities r 4, pumping Stations b, Hydraulic Gpaeity rt, ` f 40 Purchased Water Facilities ;kz a, Water Supplier b, Types of Facilities ' k.' c. Hydraulic Capacity i 1 v is So Future System 1. Map of Future System 40 Future Owned Facilities b. Future Purchased Water Facilities c. Future Tran$M seion and Distribution gains d. Future Points r! Delivery 2. Owed Facilities 3, Purchased Water Facilities E C. Area to be Served by City of 041146 1. Map of Service Area jz, a. Present Boundaries tt b. Anticipated future Boundaries i 7~ ,D. Population 1. Present Area Population 2: Population Protected; S, 10, 1S, 20, 25 years minimum E. water Requirements r, 1. Present rt c a. Average Maximum Daily Demand r ~ Yx b. Maximum Daily Demand c. Maximum Hourly Demand Pro,l,,cted Water Requirements; S, 100 1S, 200 25 years minimum pad a. Avenge Maximum Demand n b. Maximo 0011 y Demand co Maximo Hourly Demand 4. 11, WASTEWATER A. Existing and Future Systo 1. Written Description of Present System a. Past Experfance b. Demands C. Collections System d. Type Of Treatment ' e. Future (T r to Goals P ovements 2. Map of Systam , a. Entity's Owned Facilities b. Contracted Wastewater Disposal Facilities C. Sewer Mains d. Effluent Location 3. Flow Data i a. Peak Flow I b. Average Daily Flow r 1. Treatment a. Entity's Owned Facilities ` b. Contracted wastewater Disposal Facilities Mj c. Type of Treatment d. Type of Oi s0a rge Psmi t pe ° at ; / r 1 1 ~ ~ Ali. +r Ir ~4 ~t Y ~ IJ 1 l r red, t 1 r f .1 yA ti t' t 1, r I Al /r F A p 1 l . 1. 1 Y EXHIBIT D FF Gb P O li • ~ : 6 iii: ra Town of Hickory Cask w•r.rwuwrq ~ • r w rw MA171 M1~1 VIIOVMITf P~ •.11w1~w1 "AIr7Mw~ .rte .r I aw rwrrA • ~ r+r .r .rr. EXHIBIT E CONDITIONS OF SERVICE FOR TREATED WATER WHOLESALE CUSTOMERS ol, 0 i L 111 / ; i 3% 1 `r i•r e ~ 7 0 i UI•Y • 3r r 'bIC J ~ M\ ~y11 i t ` ~ r•11 X11111 DALLAS WATER UTILITIES { January 086 a CONDITIONS OF SERVICE FOR TREATED WATER WHOLESALE CUSTOMERS r 'u ' E1` TECHNICAL STANDARDS & APPENDICIES n YY 14, ADOPTED by the DALLAS CITY COUNCIL on DECEMBER 19, 1984 DEVELOPED by the WATER MANAGEMENT ADVISORY COMMITTEE and DALLAS WATER UTILITIES STAFF 1 .~r ! S 1. 4. tJt11k1~ WCtIM1" N'tIMfIK cq Or daas January less 't TABLE OF CONTENTS a Front Cover f Frontispieca If Foreword Iii Table of Contents IV Approving Resolution v Conditions of Service for Now Treated Water Wholesale Customers Appendix ■A■ Gufdellnes for Calculatlag Water Transportation Costs ,,,,,,,,,,a„ y ~y` AADen61x ■B' Water System for Wholesale Treated Customers 4 1 Appendix "C', r, I5 ~I Wastewater Systems for Wholesa ' It Customers 1 A. Soil Percolitfon Tests Absorption Trenth Area ,4 1f 8 C Mint a eitan Residential , Lot Size , SFr I nr J 1 ,en'f 'i~. l Slick Cover 7`"< fl i . I 1 LI r q-t('ila,..~ M8'•i+18,Ys,b Nw w. `"u"" c"mom 8 44011 December 19, 1994 yHapj", the City of Dallis presently provides wholesale treated water service to 16 cities and water districts and to the Dallas/Fort Worth Airport? and WHZRZAS# the City of Dallas maintains a willingness to sell treated water to other entities within the water service area dettned by the Peat. Marwick, Mitchell and Company study. "Analysis of Water Service Area"* a dated May 9, 19801 and WligpZAS, it is advisable to revise the "Conditions of Service for Treated water Customers", as adopted by Council Resolution 80126, dated April 30, 19800 tor prospective new customerst and WHZRZAl, a subcommittee of the Water Management Advisory Committee has developed and proposed for Da11aF' adoption detailed service conditions for now wholesale customerep and Service for Customers" be adopted by attached Dallasi "Conditions Now i Therefore, s Treatteedp Water is desired that the BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLASi j Section 1. That the City of Dallas reaffirms its willingness to sal. treated water to entities within the water service area defined by the Peat, Marwick, Mitchell and Company study, of May 9, 1980, "Analysis of Water Service Area" and adopts the attached "Conditions of Service for Treated Water Customers." Section 2. That the Director of Dallas water utilities is authorized to develop rules and technical standards for implementing the "Conditions of Service for Now 'Created Water Wholesale Customars. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. AROM 0122$/trh Ci Y COUW1L 01C 10 1964 e i 0i ~ . 1 AMWM .•w a ese+a or rw,.,es _eix f 84401 CO 11 I ARVIC= FOR MW TRiATO MATIR WWLBsALS C!!i'1OMS~M BACXGROtlMD The Dallas water system currently serves the Dallas/Fort Worth Airport. The Water wholesale customer cities and made up of representatives lees each of the wholesale customer citiestand DIM Airport, has developed proposed ■inimus water customers. Dallas anticipates that futureeline' for new wholesale in the service area defined by the May to 1940, peowth and development and Company study, "Analysis of Mater Service Area" ~icnecessitate sales to now wholesale customers. These minimum conditions will help to insure that the provision of water service is equitablet that issues related to the public health and well-bring are addressed) that water resources In the service area are protected and maintzined for the benefit of those who depend on these and that adequate infrastructures within the Dallas water system are built thus protecting the level and quality of service to existing as well as new customers, In addition, these guidelines are provided to assist entities in thee, planning, financing and political actions in as fat as water resource and water supply issues are concerned, f T: SERVICE CONDITIONS The essential service conditions shall bee New customers bear up-front costs for all deliver facilities. y and metering No n04 customers be accepted for service if unplanned expansions of the system would be required, Rates are to be established by Dallas.' cost- will be charged on either a two• of"service studies and Transportation charges (when applicable) oshall atbe ra n~ basis. separately with customer entities, shall be In addition to the rates establi0 sof for water, and shall be subject to alproval by Dalelas1ated New customers must have an adequate water storage and distribution system and adequate wastewater collection and treatment facilities or definitive plane therefor, water and wastewater master plans must be least every five years. Provided and revised a. v 8 44011 service Mill. be provided 'OMly to legeliy constituted entity authorised by the state of Tessa to provide potable water service. The entity asst have the authority to exert or contractual n cessaryhOrdinanCes Must be over effect pus@ riors to thdevelopment and e effective date the a contract. New customers shall have and maintain operator certification tot an approved water supply as required by state regulations. Delivery facilities, metering stations, and rights-of-way shall be dedicated to Dallas. Upon dedication, Dallas will assume maintenance responsibility for these facilities. { Service shall be subject to the availability of water. :m Assale of Dallas water is prohibited without Dallas' prior approval. Transportation charges# when applicablet will be collected by Dallas and credited to the appropriate customer account. Excess capacity in the transmission mains shall be available to Dallas for system transportation use. ss Customers shall be required to convert to the two-part rate wh their daily water demand reaches 1 MOD (million gallons per day). eefure Dallas will provide water service to a customer entity located within the corporate boundaries of a municipality, the customer must first obtain agreement from that municipality if that municipality also provides water service within its corporate toundaries. ~f I 1r 1 r I I r f `I I SERVICE CONDITIONS • 1 TREATED WITM CUSTOMKAS I. SERVICE AREA Within the Service Ana defined by poets Marwick, Mitc1me11 A Company "Analysis of Water Service Ara.' May 9, IM. Piles ubhfeaR nti Lae Forrkk) cenft 440"to waterssu plies(Fam no, othlnrisi available. (Untreated Water) j E it. DEFINITION i SUPPORT - It is recognized that all the inhabitants of service are wtTT- eventually become dependanti on the supply of surface water. Minlawm requirements must be established and S&intalned to insure that this transition ib equitable, that the related public health and well being issues ore addressed, and that the water resources of the area ire f, protected and maintained for the benefit of those who These minimums requirements will, by necessity, became the oct1 an off y responsible entity seeking surface water, For many entities, achieving the minimw requirements will require time, political action and substantial financial resources. It is therefore essential that the requirttants art uniformly administered and relatively stable so this Puss can take place. Ill. MIMIMUM REQUIREMENTS A. FINANCIAL _ 1. New euttoMIros to bear u •frron c sts necessary to make s rvice available nrwally da,ivory fac a hies and eNtating stat~ons). Facilities to be sized for foreseeable future. 2. No new customen that would necessitate unplanned expansion of ( treatment and trenai ssion facilities. 1 3, Rates shall be as established by the most recent cost•of•servfce study as adopted for each customer class exclusive of transportation charges, (a) Treated water rates are classed as either (1} two-part rate or (11) flat rates, Two-part rates are charged based on a WAS component and chard cagonent, Customers on two-part rates have an opportunity to optimize their average cost for water. Flat rates are charged based only on volume of water suppllad, f i I (b) Where water is transported through one or more customer entities, transportation charges should be negotlatao separately with such entitiese and will be in addition to the rates established for water. Appendix "A" may be used as a guide to estimate the cost of this service. B. TECHNICAL 1. The entity requesting service should haw an established water storage and distribution system as defined in Appendix "B". 2. The service aria of the entity requesting service shall have its sanitary waste collection and treatment systems subject to a responsible governmental agency having minimal requirements as defined in Appendix "Co. 3. The entity requesting service shall have a water and wastewater master plan as defined in Appendix "D". Nester plans shall be i updated periodically, but at not less than 5 year intervals. C. ORGANIZATION Service may be provided to legally constituted entities who can validate their ability to meet other service conditions and are authorized by the State of Texas to provide potable water service to a specifically defined area. Ability of the entity to effectively assert control over land use and development and provide adequate wastewater collection and disposal will be of paramount importance in considering new customers. Service to municipalities or entities which serve within the corporate boundaries of municipalities is envisioned. However, service to others is not precluded, Requesting entity shall have and maintain operator certification as required by the Texas Department of Health for an "approved" water system. IV. OTHER REQU_ IR_E S A. Delivery facilities, metering stations, and rights of way to be dedicated to Dallas. Dallas to assume maintenance responsibility. B. Service shall be subject to the availability of water, C. Resale of water is prohibited except with prior approval of Dallas. 0. Base rates for resale may be the Dallas two-part or flat rate, as appropriate, Transportation charges will be additive and also subject to Dallas approval. i Iy; OTHER REQUIREMENTS (continued) E. Vhen Dallas transports water to a Dallas customer using mains of i other customers. Dallas shall collect the agreed transoortatioh charge and credit the account of %h e customer provid+,ag the transportation services. F. Ordinance and other legal bases for land use and development control shall be in effect prior to contract effective date. G. Temporary excess capacity in transmission mains shall be available for system transportation use. H. Customers shall be r"uired to convert to two-part rates upon reaching 1 M60 maximum demand. { i. Agro mint for Dallas to serve an entity proposing to operate within the corporate boundaries of a municipality must be obtained from the municipality if the municipality provides water service within its corporata boundaries. 4t( a ~ Y~ 'I t n r tU N 4 i n-,a I r i i APPENDIX 'A' Calculattn Treated iffier Trans oration Costs or use en n ranspo s a r Thru Their System far Another Entity) I. Calculations to determine treated water transportation costs should consider the following aleaents of cost: t A. Cosa Prooortlonal to Demand t 11} Distribution Systfy Amortization 2) Pumping Fac111t,,' Amortization (3) Physical Plant Maintenance (a) Administration Overhead Y 8. Costs Proeortional to Volume (1) Electrical Service for Pumping 2 Distribution System Water losses (3) Chemical Retratment (If Required) II. Transportation costs may be calculated by the following formula: Formula for estimating the monthly cost of transporting water { through an entity, plus a mark-up of 10 percent: TCM rCAFC • ET' Cyr1h 1.1 C 1122 j TCM ■ Total monthly transportation charges at 10% markup. CAFC ■ Total annual fixed cost ET ■ Total electric service cost for Q delivery CW ■ Total water loss cost for Q delivery 1. CSC • CLAP t 0.02 CLAP * 0.01 CCAP .H 1-0+0 1 CLAP + Capital cost of pumping and distribution plant far I transport of peak do%nd desired (see tables)' i i ■ Interest rate of debt service expressed as a decirml 3 H • Term of Donds or lozn in years 0.02CCAp + Annual mAlntenante cost 0.01CCAp Annual administrative east 1 " i 1 2. CLAP ' OL (Cost/Mile/MGD)* ♦ (cost Of puping plant/MGD)*I + 8 aJ D • Maximum annual demand setting in MGD L • Number of mites from pup station to delivery point (minimum value of L is 8 in the second part of this equation) see tables for 1984 estimated values 3. Et ~.5 + 1.5 L8 1 + 1.5( 160 1 EQ 1 L • Number of miles from pump station to delivery point (minimum value of L is a in this equation) N • Elevation difference in feet between pump and point of delivery expressed as a E • Average electrical cost per positive at rpumnegative p station value in dollars Q • Volume of delivery in gallons/1000 y 4. CWW Q (0.15) (Dallas water commodity cost in S/1000 gallon) WATER TRANSPORTATION CAPITAL COST TABLES r' x Capital cost per mile of one MGD capacity system pr , 1 a PIPE SIZE COST/MILE/MGD COST Of PUMPING PLANT/MGD z $40, 000. t 1 12" 40,000. ls. 35,000. $100000 ' 20 31,000. ~I 24" 21,000. 30" 16,000. y 4 1 k (tar 1 ~ ~ ~ f r 1 . 1R SAMPLE CALCUUTIOM j Asses: 1 N 30 • 0.06 E ■ $0.06 L ■ $ miles Q . 15,000 , 0 • 0.5 woo 24' pipe site I Dallas Water Cosasiodity Cost/1000 gal, • $0.22 TCH • [!AfFC + ET+ C1.1 2CCAp ' OL (21,000) + 10,000 (1) (O.S)(6);211000)N08000 ■ 730000 CAFC ' 73,000 + 0.03 (739000( 73 000 + 0.03 (73,000) ■ 6484.26 + 2161 • (8441.28 1 ;1 ET 1.5 (e-81 + 1,5 (0) (0.06) {15,000) e naoJ ta> 1.5 (0.06) (15,000) • $1,350 t + Cww (15400) (0.15) (0.22) ■ $495.00 TCM 86728 + 1350 • 495 722.86 + 1350 ► 495 • $2,567.86 r y r Average Cast/1000 gal. transported • 2 5_t 66786 r t ~ 1.1 • $0.1883 Assistance 1n application of the fompuls is available from Dallas Water N1 f?' . Utilities. ,a . l 1 lye 1. hr i S 1 P. APPEW01x "So WATER SYST94S FOR WHOLESALE TREATED WATER CUSTOMERS • All W11014014 CUSUMOr of the water 'Q161mIN Regulations Minill^ PPuli Water wbr Systems" prera4ling ng tauire eats o as established by the Texas Department of Health. However, the rules and regulations do not address concerns of the 011145 Regional Water Supply system regarding economic and water conservation considerations, thus they are not all inclusive for the purpose if considering the adequacy of potential customer water systems. Following are considerations to be addressed in addition to State standards: 1. Distribution system constructed by acceptable methods and of acceptable materials to convey water to internal customers considering... water distribution loss reduction. Enjineerin9 studies shall validate system average loss in distriution of less than 15%. distributtectioion. adequacy potential contamination presures for durin and customer convenience (normally minimum pressure shall be 35 p.s.i. operating and 20 p.s.i. residual). It. Conservation Plan and Practices... f all accounts (including municipal) metered. published contingency plans for conservation during water shortages, peak demand periods, emergencies. III. Minimum ground and elevated storage shall be constructed or planned to insure... total storage equal to .15 times average day consumption. maximum demand on the system shall not exceed 3 to 1 ratio maximum day to storage, elevated storage equal to 50 percent of average daily consumption or S5 gallons per capita, whichever is less, with a maximum of 5.0 MG required in each pressure zone. I IV. Permanent connections, in excess of 5 years operating off 041115, pressure { will not be made. (Temporary connections normally shall not be made for periods in excess of five years), V. Air gaps for ground storage and backflow preventers for elevated storage s shall be provided. Approved backflow presenters are required for all temporary connections. VI. Pumping system capable of moving water into storage and into distribution system shall be in place or planned so as to insure compatibility with an optimum utilisation of storage and distribution system. VII. Treatment facilities shall be available if supplmentar/ water requiring additional treatment is to be used. VIII. If system improvements art necessary to meet minimum service requirements, evidence of ability to finance the improvements must be provided. i APPENDIX 'C' WA TER SYSTTFWTMrMSALE CUS'i'OKRS All wholesale customer wastewater systems shall, as a minimum, comply with Of prevailing 'Design Criteria for Sewerage Systems' as established by the Texas Department of Health. Following are additional considerations to be addressed: 1. Interconnected wastewater collection and transmission system must serve the percent of customers residing within the corporate boundaries as i indicated by the following graph: goo i k so lit eon ao a I e, , POPU"TION &ter col it. and Wasteater s systems for residents not on established wastew local ordinances county rs•dinances State of Texas standards In the absence of equal or more stringent standards, Attachment t to this Appendix C shall be considered the minimum standard for private sewage facilities. Primary considerations for evaluating private swage facilities shall be (1) a valid percolation test, (2) adequate absorption field and (3) satisfactory construction. Enforcemant authority for these considerations must be evidenced. i i III. The collection and transmission system shall be constructed according to acceptable methods and of acceptable materials. transmission outlined IV. The system not exceed con, cycle WastewateM e llectio for he Oallas water utilities and treatment system. 'I I i i y, Treatment Plants if operated by customers shell be permitted by Environ "tal Protection Agency and approved by applicable State authority and shall... be adequately sized and maintained to meet permit requirements. be operated by qualified operators meeting minimum State certification requirements. be in satisfactory condition to serve future requirements. have an approved master Plan for future expansion. t YI. if treatment service is to be provided by others the service shall be evaluated according to the same standards as customer proposed to ~I operate the plant. YIi. Where areas are baing served by septic systems or small unit treatment sygtrss a master plan for development of the collection system and connecting customers to the collection and transmission systems must be available. VIII. It is recognized that local, county and State requirements for septic systems and other private sewage facilities are general rather than specific. The authority of Dallas to impose requirements for wastewater collection and disposal based on the specific situation being evaluated is recognized. r' t• S~T K " a ti s V + ' , f', 4 1 S 'p J j I •!p ~ i I i 1r ArTACWMT i EfOm 3 A. PRIVATE SEWAGE FACILITIES - SOIL PERCOLATION TESTS r 1. Minimum of 2 test holes anifonely spaced over absorption field site. Four holes may be required, depending on results of 2 holes testsm per Texas Department of health publication. 2. Test hole should be 12.15 inches in diameter to the depth of the proposed trench. 3. Sides and bottom of hole oust be roughentC to remove slick. smeared surfaces. : J. 4. Saturation of the soil to establish swelling during wet weather is required for a minimw period of 24 hours prior to percolation test. r'., S. Percolation test requires a water depth of 12 inches. The drop in r water level is measured over a 30 minute period. 61 Sandy soil tests require other procedures. NOTE: This information is from Texas Department of Health's "Construction Standards For Private Sewage Facilities% y5;f p ,,F ;s" t 1; 1 1 tt~~^, f a.. ty Y t r t SRS x j > Y 'S 1 F~: 1 ~ t~1 E R 2 y i B. PRIIVAT FAMILY SEWAGAES FACILITIES - ABSORPTION TRENCH AM FOR 3 BEDROOM SlWaL NUM PERCOLATION MXM (MINJIMCN) SANO I - s UTY CLAN 31- 45 i Ri ~ LOAM G IS CLAY LOAM 44-60 CLAY so 1 JV - - *0 - - 3 J ~ ~ I I ~ 20 -t- -r I - ~ /0 i 0 100 200 300 400 trao W/om IN FEEr NOTES: 1. Absorption trer:h is not allowed for gravel and clay soils where percolation rate is less than 1 min./inch or greater then 60 x min./inch. 2. Area sivo is for an absorption trench in irregular terrain which is larger than an absorption trench in level terrain. C 3. Chart is based on Texas Department of Health's "Construction Standards for Private Sewage Facilities'. 4. Calculations for chart are based on: Trooth width of 1 foot with roughened sides and bottom. Spacing between parallel trenches of S fat. Maximus trerth length of 60 fat. Minimum trench bottom areas per Texas Department of Hall:h's publication referenced. 3 Pipe in parallel trenches must be level. S. Each additional bedroom shall increase the area requirement of absorption trench by 33% of thct shown in the table. r; is C. M(NIMM RESIDENTIAL LOT S(ZE - DRiYATE SEW6E FAC1l(T(ES . OIAtRAN OF M(NIMAI AISORIT(ON TRENCH AREA FOR 3 AEDROOM RES(DE>rCE i ~ f ~ ~sE f + i ~ ~ r ~ ~ 9 SZa'Jl~ ' P'ROptRTY Llhl[ 1 ~ ` ~ ~ + DUR ~ s►3T~A1 (TO ~ +t000~100A1't ' ~ ~ M ^ ~ A[R.ACEMEJY ~ I ! 3 ~ ( DAAIA~ SYSTEhI saL Aesokvr~~ ' sYSTaw { Tt~k i " ~ ar short } ` To determine the required minieus lot sits multiply lot length by width: / len th ■ 4 Balldin9 set-back from property line + house de th + r, distanu from house foundation to septic tank (minimum S') + _ septic tank irtsta}latton + distance from septic tank to soil absorption systae {minimum S' • + soli absorption system {from chart) nand id10'ofa~jniuiewi , E clearance + t:ngth or width of soil absorption syste+e (from chart) + distance to property 11ne {minlmw 16') width • Dfs grace hoer property }ine to soft absarptiort system {Irom~ hart))++*length ar width of soil absorption syste+e Length or width of future so11 absorption ~ system {from chart) and 10 miniahpi ciearartce + distance from soil absorption system to property line (minimwe 10') ~ *Ouplicate spice must be allowed within the length and width of the lot for a future absorq H on system to accaaodate house expansion and repluement of a damaged absorption systws, ' D, A s+aintenance requirement shall be in effect such that any standing surface seepage observed 24 hours after rainfall in the iassedlata area of the absorption syste+s shall b! repaired by the owner within 30 days after notification ar tt will Oe repaired for Ais1 at his expense. ~ EXHIBIT F • iiiliiioam Metering Point . * Y FFFTTT~LTy~• t Fj TOwN Of COW14 y r 1 S ~ ' f~ I j • c Ali 4-4 / 1 J1}-'n a... , i.% ' \ C'rtr 0, UKE ONl~i ( , 14 ~ r r u. ,r n. 1~ To" OF lz~ KCKOfIV CREEK % pa,k = J j :-~%u I,.C 1 my x •rc i .r Aso _ W", i, ~ , s, \,~,,f~.~~ 1••.!~_\~ • 'gs - "I I is . I Town of Hickory Creek LEO" a. ~rH • w +,1•n,•rw.v~n "TM 1 w w WATO SYSTEM 6400Vf RENTS P. • .la~~ .nt. n,•~II~00MII ' . .Y I .,.fl M.10.MMf EXHIBIT G In accordance with the provisions of 6.1 of the Contract, the parties agree as follows: 1. The Eater Supply Date shall begin on the day of 198 2. The Volume and Demand requested for the period of time from the water Supply Date to the beginning of the first Water +II Year shall be: 1h I 11 j Volume: Demand: (M, G. D. I Signed this day of 198 CITY OF DENTON, TEXAS ~5 f { it i•A ~ i fie: BY a r y;s DIRECTOR OF UT LIT ES 3~p'4 p 1Y ~j Y I ~p: a M1 1 N yf' , TOWN OF HICKORY CREEK i r r BY: Adc' TOWN OF HICKORY CREEK f a f f }f EXHIBIT H YEARS j REQUESTED VOLUMES 6 DEMANDS FOR WATER i ANNUAL WATER AVERAGE DAILY MAXIMUM DAILY 5+' SAGE D RE WATER VOLUME REQUESTED (MGD) D AN(MGD)UESTED R` r YEAR , r 1 1. 1987 } 1988 1989 a r 1990 7 1991 1992 's 1995 1994 1995 1996 r 4, 1997 1998 1999 2000 Lr s F :001 2003 20G4 2005 .R 2006 Y i. r~~~a~yl;L f i ' r L k~ G nnet ^ ' I. ~ ' Y R, 1 ~ n.1 f,Y. V, r e r, ? ,4 i. Y11 N 1 ~t]U j• n ylv , F 1w } r f R ~ r ' fc n ~ ';9ge l ~ ~r1 • n. , 'r. A ~1r ' A d e v. i -z EXHIBIT I SCHEDULE W3A WAFER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE ON OR AFTER JUNE t 1986 } t APPLICATION Applicable to all water sales contracts with municipal corpora- {i tions, water districts, or governmental entities made on or after June 1, 1986, for the purpose of providing water for resale to the ' public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES f (1) Facility Charge $164.2S (2) Voluve kate $ 0.63/1,000 gals. (3) Demand hate $262.S6/1,000 gallons *ANNUAL CHARGE (4) headiness to Serve kare $ 0.3437j1,000 gallons s "As determined in the last nonth of each ;-rater Year, The annual charge, if any, shall be included on the monthly billing for the next July following the end of the Water Year for which it is charged, and shall be billed and be a payable in accordance with the monthly billing provided a for below, } PAYMENT t' # Denton shall render bills on the tenth (10th) day of each 1 month. Bills shalt be due and payable when rendered. Bills are considered delinquent if not paid by the twenty-fifth (2Sth) day of the month. There shall be a five percent (S1) or five hundred dollar (5500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. If not paid by the last day of the month, there shall be an additional interest charged on the unpaid balance, equal to the auction average rate quoted on a bank discount basis for a twenty-six week treasury bill issued by the United States as published b government, published I , by the Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (101), whichever is less. EFFECTIVE DATE ' The charges stated herein shalt be applied to all water ser- vice% supplied after May 310 1987. i, f~ ~i a i Lul F LE S S