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HomeMy WebLinkAbout04-21-1987 1 t AGENDA CITY OF DENTON CITY COUNCIL j April 21, 1987 Work Session of the City of Denton City Council on Tuesday, April 21, 1987, at 500 p.m. in the Civil Defense Room of the g 9 Municipal Building at which the following items will be considireds 5130 p.m. 1, Executive Sessions A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B, Real Estate Under Sec. 2(f), Art. 6252-17 V,A,T.S.; % C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 500 1. Consider a six month evaluation of the Municipal Judge. " t 6t15 2. Hold a dlr,cussion regarding the City's » g representation on the Texas Municipal Power Agency. Regular Meatiag of the City of Denton City Council on Tuesday, April 21, 19871 at 700 p.m. In the "ouncil Chambers x of the Municipal Building at which the following items will be considereds 7100 p.m. 1. Consider approval of the minutes of iegular meeting of r March 100 1907 and March 17, 1987 and the special call F meeting of March 241 1987. 2. Present a resolution of appreciation to Hugh Lynch. Present a Medal of Valor to Mr. Mike Sessions, ay Driver/Psremedic-City of Denton Firti: Department, . V dVf 1 i ys ,ti 4. Receive and tabulate bids for the purchase of $3,500,000.00 of General Obligation bonds. 51 Receiia !n annual report by tr.e Denton Convention and VLpfir,r; 3urcru. 1 ` ^ ,MFG Receive. a raqueat from Mr, Carl Williams to waive fees tu: this tral Moore Park on June 18-200 1987 for the F Denton County NAACP to sponsor a Juneteenth celebration. Y y y- Vic' S '1 ! c i City of Denton City Council Agenda ' April 21, 1987 Page 2 7. Receive a report from Mr. Carl Young regarding the economic/social expectations of the people in Southeast Denton. 8. Receive a report from Mr. Macy. McIntyre regarding a sewer/solid waste billing dispute. i 9. Receive a report fror, the '91 Committee. 10 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 authorises the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase oruera to be rS; " approved for payment under the Ordinance section of the ' agenda. Detailed back-up information is attached to the a ordinances (Agenda items 11.A, ll.B,). This listing is Lt v provided on the Consent Agenda to allow Council Members to .ri discuss any item prior to approval of the ordinance. A. Bids and Purchase Ordersr b I 1. Bid 19739 - Knuckle Boom Crane {~9 2. Bid 19740 - Asphalt, Emulsion, Road Materials r~ 3. Bid 19741 -Mobil Radios 4. Bid 19743 - Cable 12 Triplex 5. Bid 09733 - Tennis d Basketball Courts 6. Bid 19736 - 20,0001b. Truck Cab/Chassis 1 S. Zc~ a. Tax Refunds 1. Consider a tax refund to Dentoa County Title in the amount of $512.17. +tt r I 2. Consider a tax refund to First Texas Savings Association in the amount of $1,119.58. I d 3. Consider a tax refund to Al and Jim McNatt in the amount of $1,239.14. .r r I 1+,. I r K C j City of Denton City Council Agenda April 21, 1987 ' Page 3 a 11. 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. I B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Penton General Obligation Bonds, series 1987, levying u" the tax to pay same, and approving and authorizing instruments and procedures relating E thereto. a D. Consider adoption of an ordinance designating and establishing speed zones for east and west bound traffic on Highway 77 from its intersection with r Interstate 35, east service road 300 feet west of its intersection with Orr Street. (The Citizens Traffic Safety Support Commission recommends approval.) E. Consider adoption of an ordinance designating and establishing speed zones for east and west bound e traffic on U.S. Highway 380 from its intersection with Bell Avenue to Mayhill Road for a distance of 1.80 miles. (The Citizens Traffic Safety Support Commission recommends approval.) F. Consider adoption of an ordinance prohibiting the parking of vehicles on the north and south sides of a portion of Roberts Street. (The Citizens Traffic Safety Support Commission recommends a approval.) G. Consider adoption of an ordinance designating and establishing school safety speed zones on portions of Evers Parkway and Gardenview Street and reducing the maximum prima facie speed limit for such portions of said streets from thirty to 5 twenty miles per hour during certain hours. (The Citizens Traffic Safety Support Commission recommends approval.) L„J H. Consider adoption of an ordinance establishing a loading zone located on the west side of Fry Street. (The Citizens Traffic Safety Support rn` Commission recommends approval.) .r •r I q City of Denton City Council Agenda k n April 11, 1987 Page 4 i I. Consider adoption of an ordinance accepting the Wyatt Company's proposal to provide the City with actuarial services. J. Consider adoption of ordinance setting a date, time and place for public hearings concerning proposed annexation of approximately 69.1694 acres being part of the S. Venter Survey, Abstract No. 13159 C. Chscon Survey, Abstract No. 298, J. Baker Survey, Abstract No. 47, J. Dickson Survey, Abstract No. 3429 and the A. Cannon Survey, Abstract No. 232 and located adjacent and south of FN 2181 and east of Old Alton Road. (A-48) K. Consider adoption of an ordinance temporarily ; closing Congress Street between Alice Street and v Denton Street on Friday May 8, 19873 and " r declaring an effective date. } s a L. Consider adoption of an ordinance amending Article 1 of Chapter 23 of the Code of Ordinances a` of the City of Denton ("Hotel Occupancy Tex") to n' provide for penalties for delinquent taxes and interest charges for delinquent taxes to be paid under this section. 12. Resolutions I A. Consider approval of a resolution supporting snd u endorsing the expeditious establishment and construction of a new controlled access spur freeway. B. Consider approval of a resolution supporting the establishment of s new airport facility. C. Consider approval of a resolution authorising the i City's application to the Emergency Shelter Grants Program. 13. Miscellaneous matters from the City Manager A. Receive a report regarding Council budgtt priorities. r B. Other items o ~ 4 1 F r i a i.a ,'r City of Denton city Council Agenda April 21, 1987 Page 5 14. Official Action on Executive Session Items, A. Legal Matters a B. Real Estate r C• Personnel D. Board Appointment, 15• Nev Business: Al This item provides a section for Council a y "s" x r auggest items for future agenda.. Members to 16, Executive Session: u A. Legal Matters Under See, 2(e) Art. 6252-17 V.A.T.S. y ~ I B. A i ti z Real < Estate Under Sec, 2(f), Art. 6252-17 C. Personnel/Board Appointments Under See. 2 , w Art 625--17 V.A.T.S. (g) R 1• Consider the designation of an official NCT000 voting representative for 198 F ' 7-88. 2. Consider the designation of city f E representatives to the Economic Development k Advisory Board, t. Y R T I F I C A T E certify that the above notice of meeting was posted on the bulletin boar at the City Hall of the City of Denton Texas ,at4,r on the ~Vr 's (e,m.) daR day of 1987 at ' , •,.o clock 2696C CITY 9 RETARr l + 'y eli I l , yV f, h y i AGENDA CITY OF DENTON CITY COUNCIL April 21, 1987 Work Session of the City of Denton City Council on Tuesday, April 21, 1987, at 500 p.m. in the Civil Defense Room of the { Municipal Building at which the following items will be consideredt 5330 p.m. Executive Session3 A. Legal matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real E9tate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C, Personnel/board Appointmen s Under Sec. 2(g), bt`' Art 6252-17 V.A.T.S. } j .p 300 1. Consider a six month evaluation of the x Municipal Judge. yr 6115 2. Hold a discussion regarding the City's r' representation on the Texas Municipal Power a Agency. ° Regular Meeting of the City of Denton City Council on a' Tuesday, April 21, 1487, at 7t00 p.m. in the Council Chambers r of the Municipal Building at which the following items will be considered3 . 7t00 p.m. s Consider approval of the minutes of regular meeting of March 10, 1987 and March 17, 1987 and the special call meeting of March 24, 1987- 2. Present a resolution of appreciation to laugh Lynch. Medal of Valor to Mr. Mike Sessions, x~ 3. Present a medic-City of Denton Fire Department. Driver/Para Receive and tabulate bide for the purchase of 4. 13,500,000.00 of General Obligation bonds. 5, Receive an annual report by the Denton Convention and ' Visitors Bureau. ey _ Receive a request from Mr. Carl Williams to waive fees to June 18-20, ra1987 for ethe 6, for the Fred Moore Park Denton County Junetenth ~ celebration. G t r•4,. t' 1 + - ~ 5 it i t I City of Denton City Council Agenda April 21, 1987 Page 2 7, Receive a report from Mr. Carl Young regarding the economic/social expectations of the people in Southeast Denton. 8. Receive a report from Mr. Mack McIntyre regarding a sewer/solid waste billing dispute. 9. Receive a report from the '91 Committee. 10 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 r 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 r;, ( agenda. Detailed back-up information is attached to the ordinances (Agenda items ll.A, ll.B,). This listing is " provided on the Content Agenda to allow Council Members to .f discuss any item prior to approval of the ordinance. A. Bids and Purchase Orderej 16 Bid 09739 - Knuckle Boom Crane 2. Bid 09740 - Asphalt, Emulsion, Road Materials j 3. Bid 19741 - Mobil Radios 4. Bid #9743 - Cable 02 Triplex "Y= 5. Bid 49733 - Tennis 3 Basketball Courts 6. Rid 49736 - 20,0001b. Truck Cab/Chassis r B. Tax Refunds , a y f 1. Consider a tax refund to Denton County Title in the amount of 1912.17. 2. Consider a tax refund to First Texas Savings Association in the amount of 11,119.58. 3. Consider a tax refund to Al and Jim McNatt a's{ f In the amount o X1,239.14, t / i i . a I City of Denton City Council Agenda t April 21, 1987 Page r 11. 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 improvements. C. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of city of Penton Cleneral Obligation Bonds, series 1987, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. $ D. Consider adoption of an ordinance designating and I establishing speed zones for east and west bound traffic on Highway 77 from its intersection with Interstate 3S, east service road 300 feet west of its intersection with Orr Street. (The Citizens G Traffic Safety Support Commission recommends y approval.) E. Consider adoption of an ordinance designating and establishing speed zones for east and west bound traffic on U,S, Highway 380 from its Intersection with Bell Avenue to Mayhill Road for a distance of 1.80 miles. (The Citizens Traffic Safety Support Commission recommends approval.) F. Consider adoption of an ordinance prohibiting the parking of vehicles on the north and south sides of a portion of Roberts .Street. (The Citizens Traffic Safety Support Commission recommends approval.) G. Consider adoption of an ordinance designating and establishing school safety speed zones on portions of Evers Parkway and Gardenview Street and reducing the maximum prima facie speed limit for such portions of said streets from thirty to r twenty miles per hour during certain hours. (The Citizens Traffic Safety Support Commission recommends approval.) ' H. Consider adoption of an ordinance establishing a loading zone located on the west side of Fry Street, (The Citizens Traffic Safety Support Commission recommends approval.) r ` A Mp" { J i F City of Denton City Council Agenda April 21, 1987 Page. 4 I. Consider adoption of an ordinance accepting the Wyatt Company's proposal to provide the City with actuarial services. J. Consider adoption of ordinance setting a date, time and place for public hearings concerning f proposed annexation of apyeoximately 69.1694 acres being part of the S. Venter Survey, Abstract No. 13139 C. Chacon Survey, Abstract No. 2980 J. Baker Survey, Abstract No. 47, J. Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No. 232 and located adjacent and south of FM 2181 And east of Old Alton Road. (A-48) i V. Consider adoption of an ordinance temporarily closing Congress Street between Alice Street and Denton Street on Friday May 8, 19871 and declaring an effective date. i y L. Consider adoption of an ordinance amending Article I of Chapter 23 of the Code of Ordinances of the City of Denton ("Hotel Occupancy Tax") to provide for penalties for delinquent taxes and interest charges for delinquent taxes to be paid r; under this section. ' a , 12. Resolutions A. Consider approval of a resolution supporting and " endorsing the expeditious establishment and construction of a new controlled access spur freeway. B. Consider approval of a resolution supporting the establishment of a new airport facility. s r C. Consider approval of a resolution authorizing the city's applicatiot to the E,,e!!gen.y Shelter Grants Program. 13. Miscellaneous matters from the City Manager A. Receive a report regarding Council budget priorities. x B Other itess `,1 1 A, 1.. N t ,I '1 Myy{I,a1NYe:16y v':., u.4p.4 n, . . Jan l h i City of Denton City Uouncil Agenda April 21, 1967 j Page 5 1 14. Official Action on Etecutive Session Itemet A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 15. New Business: This item provides a section for Council Members to suggest items for future agendas. IN, 16. Executive Seaeioni A. Legal Matters Under See. 2(e), A'.t. 6252-17 V.A.T.S. 3. Real Estate Under Sec. 2(f), Art. 6252-17 .r.,.: V.A.T.S. a 0. Persornel/Board Appointments Under Sec. 2(g), r t•r 1`,` Art 6252-17 V.A.T.S. / j 1. Consider the designation of an official NCTC00 voting representative for 1967-88. ` 2. Consider the designation of city "r representatives to the Economic Development Advisory Board. 1 C E R T I F I C A T E I certify that the abovo notice of meeting was poster on the bulletin board at the City Hall of the City of Denton, Texas, day of , 1987 at o'olock Mt; on the M. p.m. CITY SECRETARY 26360 L5, ~L E y t " 1 S y 1 CITY COUNCIL MINUTES MARCH 10, 1987 The Council convened into the worm $#$Sion at 5330 p.m, in the Civil Defense Room. PRESENTi Mayor Stephenli Mayor Pro TOM Alfords Council Members Alexander, Chew, Hopkins, McAdame, and Rlddlesporger ASSENTS NONE After convening in the Civil Defense Room, the Council moved the meeting to the Council Chambers to accommodate the large audience present, 1 1. The Council held a discussion regarding potential funding for flow Hospital. Lloyd Harrell, City Managers presented a msmorsndue from John MCOrans, Director of Finance, regarding potential funding options for flow Hospital. He stated that Several weeks ago, membera of Council asked the City Administration to present to the Council some alternative places within the current City budget whets reauctions could be made it the Council decided to make an allocation to flow Hospital in an approximate amount of $200.000. He asked the Council to put a ro,wst for flow funding in the context of other financial situations currently facing the City. Of special concern was the 04108 tax account which was about 951 of the general fund buaget, Five months into the current fiscal year, the sales tax account wea ks yr down by $210,000. The City Administration had taaen action in the Last lour weeks to aaareae the shortfall oy taking two actlonst Ill geneisl fwnd positions Kati been troren - vacant positions tot the remainaer Of the faecal year .oula remain unfilled, (2) genera: taro reduction o! Budgets oy 21 of non-personnel accounts. Those two actionr protected to raLIe about 4220,000 by t..e emu of the fisai', r.' year. 44crtll smpnasizea that ad:n trio Council wOUia oa]„ dge,u; tno oftecta Set t1joSe teductions alcea,y marg. An e4inytq yirtr, .,a the Ltocary mad tnree vacant pusitions whLcn wotLo i;oc ce tti:eu thus a tat cart Of the opecdtionul n0ars of tnu L1jr9ry eJ~ necessary. Tn2 91 ouaget reduction was in ad~ltton to apprOxinacq: a $500,lylj0 of prwvLOUx oUUget reuacelons from cut cent level, aaere:, stated that the staff and Council neeaeo to lawntity an aUditicnsl $220,000 that would o0 earmarked tot galas tax snorttall tot tnw ramalning portion of the fiscal year. Harrell presented 12 altetnative placea'fcontified where tunes could be found to earmark for the sales tax shortfall and ot.Aot options avoilaole for a possible allocation of $y20,00u for flow Hospital. few funas for the city ware allocated for capital Improvements. Most of the Capital improvements for the City were cone by conas funds and those funds were not availc+le to the City for any other use. Areas that were focused on were City ..potations, (1) Elimination of the hiring of throe new police officers e3uuled to begin employment on April 10 1Y97. Savings would be $4h 1600. (2)000000,Reauction of 10 current City employees, Savings would be (3) Reuuction of the Oeneral Fund reserve balance level. This reduction might possibly affect the bond rating given by the bona rating agencies. It the reserve level was too low, the agencies y might downgrade the City which would cause interest costs to gO up, Staff suggestion would be to not use this alternative. tl) Reduction of Cenetal fund budgots in non-personnel costs, Savings would be approximately $60,000 tot every percentage roaucea. oY. City of Denton City Council Minutes Match 10, 1987 Page 2 I I (5) Elimination of the reserve tunas set slide for staffing at j the new fire Station when completed. If used, them would be no i money for the oFSratiohal espsnsas of the station. 0avings would be 475,000. (6) Usage of the remaining money in the contingency fund, savings would be $15,000. (7) Aeduction of the costs involved in the contract with the County for health services. Savings would be $760000. (8) Elimination of the revenue study of Lees/charjes by the I City done by an outside agency, in-hours finance staff woulu do the interim work for the fees for next fiscal year. Savings Paula de $20,000. (9) Elimination of the recreational fund for various miscellaneous projects for the City. Savings would be 150,000. 101 Elimination 0 the 1 Only street work done this fiscal year would uld acing street program, be projactr done with the bond funds. Savings would be ;95,000. (11) Elimination of the youth sports contracts. The Citv would maintain the facilities with the sports leagues pa ing ftr the tefereeing services and other costs. Savings would be 24,100. 1 "a 1121 Issuance of short term bonds v.nich would result in an increase in ptoperty taxes the next fiscal year to pay off the I bonds, lie City's donu attorney stated that this could only be gone siF 1 v alth new state leiislation. ,t 1 yl Harrell presentao tale rtcoC%mdnultion that first tnu City tall safe of its o:n lIIC i:1Ql:e0 3nOGttl11, >,rn ich oilu as to lJeri. l ^r''' ''+•8 CJxlm3:?:' ClCl9a:t;f, cCVj:-JCtr 19 6115M1 FF r iLL1,'. JJ td GB CecelptS :r .:e C:il tin it: is tad f:d:il r2 iG. .'4I '•i Ctl C=)A'9d'IV l.'. •frd in ,CIJCi ti r lontn 13 tf14 !lies C39 reF OCC .IC,i l~n, tn! .p at ,prilte l:o ....t •,h mJndj ad tdlen t[Qrl :sae l:C at l'r i'Jr 1Ce'i 11 tndt ltd'.Il n,i Ind t.tdn "IaVa on to trio next !tan. I1) use the contingency tunas of 17a,uv4. (2) Use the healtn unit funds of 176,0uu. 131 Use the recreational tunas of 130,uou. (4) Use the funds for the revenue study of ;20,000. =i The total ar.ount to be earmarked for the Sales tax encetfall would i a be $2210000. Harrell then preeanten the staff recommendation for money to de earmarked for flow. (1) Use the street improvement tunas of $95,000. 121 Use tna chary savings from not hiring the three new police officers 0: $42,500. (3) Use tunas from a General fund budget Ceouction of 1 1/24 of $52,500, The total amount to de earmarked far Flow Hospital would oe $220,oU0. Harrell suggested that 121,000 be spent for a proposal by Deloitte, Haakine anu Soils for an indepandent study or the flow Hospital situation for the City/County, the study would look at the current Flow Hospital situation to see if the $20U0000 would as of f• any help and to Study the long term prospects for floe# l 1 City of Denton City Council Minutes March 10, 1987 Page 3 f Harrell also pointed out to the Council that Plow was already in &create harter of its q for $1370000 d lhat(Coee °uti1ity C services. At some point, that particular problem was going to have to be faced as well. Council Member McAdams asked if the contingency funds were used, would there be any money for final leq!1 fees relative to the flow Hospital problem. Harrell replied that the type of reductions MAO# in the budget would take away any tl°xibility and unforseen expenses during the remainder of the fiscal year would require additional measures. Mayor Stephens asked it there were directions for staff. Council Member McAdams stated that she aid not have any directions but that she felt the Hospital needed to be looked at in terms Ot the study to see it the City did provide $220,0000 would that have any bearing on the situation. Council Member Chew agreed with McAdams and also stated that the elimination of funding for the police officers needed to be looked at carefully. Mayor Stephens asked about certificates of obligation - could they be used for this type of program, the long-rsn;,~ wffects on the tuna , reserve Ana bond rating. John McGrane, Director of Finance, Stated that he nau dtlGUsse'. many financin3 options with the City's f%nancisl advisor, Frank me3anl:h of the First soutnwsst Corporation. in Mr. Meoanicn's opinion, 6e i ,oJld twee a 3he:111 act of tnc L-11 .stare to allod tae :itf to ,$f any .YEe at t:n3acir; uJn'a for e;splul, t.,a at ar!:ticit•?a uollje ,!.4 cJ3atre1 a1 fart?11 ag c '1- Capl:di ?f J1•. ~•:3 i'.J .9J naiJ t rJ a V l 3.1 O~~J 39. SJ +v!f e!:Jnal JEj:°'.bel. A.~ CO JnCii pia .nil3C n13(1 Jr of jeC {+e Jtlo,~eJ t'L, at there n1a ;.u +i, tie city to oercow ion?y eltner tnrougn bonus, certifttAtd3 ; t obligation or any other xetno. for tnia k1hJ of EurpusJ. McCrane replied that the city does not nave an, authority to uo that ono it woula take an act ut the Ststu Legislature to ylve the city the authority to do so. Mayor Stephens atatea that it appeared the only option left to the w, City was the alternatives that the management hag presented. V Riodleeperger askeu if tha reduction in the street repairs was considered maintenance of capital improvements. " McGrane replied that goal coating and resurfacing was considered maintenance. Aidalesperger stated it was maintenance and not part of the capital s ,q., improvements, + ,r McOcane replied yes. tepltal pot~lonr of ens street reauttaetng program ,could to coming out of the oond funds of the 1985 sale. ,4 Rlddlssperger askeu if there was no way to change s program teom a ; capital program Ana use the proceeds for the purpose of helping the Hospital. Harrell replied that if the City' has budgeted a large amount of Et •unds in the yearly budge. tot capital tmprovements, then that type of strategy would worn. However, the operating ouaget nee a vity small Amount of tunas in it for capital improvements. j City Of Denton City Council Minutes March 10, 1987 Page 4 Mayor Stephens stated that the Hospital was $1.2 million down. He [ questioned the projection with the Board working with Management, I how long the downfall would continue, would it be eased in the nest few months and had a chance to go the taxing method to reduce the total budget for next year or to increase the taxes for Plow Hospital. If the City were to fund 1200,000, how Mich time would it buy for flow - would it get the Hospital to the next fiscal year so that the City could utilize other areas of funding without destroying other aspects of the ongoing nature of the city. Harrell stated that it was staff's hope that the proposed study by Deloitte, Haskins and Sells would help give just that type of answer. Mayor Stephens asked if the Hospital Board had sent an estimation of jkf how long the deficit would continue. } Harrell replied not to his knowledge. McAdams stated that indigent care was usually a manageable amount of money but that as new hospitals were built in the City, various citizens were choosing to go to the new hospitals instead of Plow, In the past, Flow was c'ile to cover non-paying patients by the profit of its paying patients. the number of non-paying patients had risen at Flow and the number of paying patients had gone down. Flow needed to tighten admission criteria, cut back dramatically and then rebuild. Council Hemaer Alexander states that Plow could not continue very ' i long at its current status. de felt that it was important that the l Study be pertarmed for Flow. Tne stuuy would have a very short tJrn arouno time. Tne answers were ,nee'Jed quicily aecause to linger over them vary much longer, «JUlo mean tnat nor•e of the ins.erd .out,. ci UW611 ativaay. air .yp: ' iIa y 0r itt t:S i It t"at '1e "t..?. a . d' 1. ie i~r n. a• i Jeg.n far a 3 1, talc t:iat r )1I' ,,a ] mare?J eJ>, K ` nealtn cue ;n ant .a; .ntJ t ei, is t].,. .te nI Ie'9'It tJ Jr.n 3J.± ` 3 paC.3Jn CJ3.a ^`la~ .i.n. 00 Jnoll iltm der Rita l e dyer j 6 r ]3kto if 216. CJJIJ aVC[Jw C.O hey .tee.: :.i s } aglinat tatJre 3ssecs. He stated that doctors .tra the ones that sent ieople to the hospital end tnat it wad needed for the coctoris to War people to Flow, flow needej oroaa community sdpport an,. in r. particular, the medical profession. Debra Drayovitcn, City Attorney, Stated that the Attorney General f had passed several opinions regarding Flow's ability to borrow 1 money. She stated that the Hospital was severely limitea, much the i• same as the city. Mayor Stephens asked about revenue bonds decked by the City and County, was that a possibility for funding, :x Riddlesperger stateo that negotiations were rn the verge of a .4 approvinq the 501 (Clf3> with an 00 year lease and the new cotpots- tSion might use that as a basis for loans. he iuggeeted that i hat j possibility also be erplorea. 2. the Council held a discussion on a joint funning proposal for drainage work in the Golden Triangle Industrial Pack. y This item was not uiscussea at tae work session, 3. Ins Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointment. no official actsin was taken, i i i E City of Denton City Council Minutes March l0, 1987 Page 5 The Council convened into the regular meeting at 7:00 P.M. in the l council chambers, PRESENTS exander, Chew, Hopkins, o and Riddlespe9!`acil Members I Al , ABSENT: council Member McAdams The Council regular meeting of September 2, 1986prSeptember 91,e1986, rand October 21, 1966. Alexander motion, Chew second to approve the minutes as presented. Motion carried unanimously, I Council Member McAdams joined the meeting, 2. The Council considered approval of a request by the Denton street to advertise Kiwanis Children's Clinic banner annual garage sale, The Kiwani the request. Motion approve Alexander motion, Hopkins second t. , carried unanimously. r.p 3. The Cau:,cil receLved a repo[t by Mr. Mike Berry regarding f. drainage problems at 4100 Seline Drive. Mr, Berry stated that his property was included in the Stuart-Pershing drainage project. He 4is appearing betore the project. b Lieustated that rtneecityauManager anae tnemCityi stiftf tole him h-i aid not nave a proolem anu that the `rku ;c3yc1;f9 cootati? hia eonaleh AS the project peogreauea to tnhe e e , a„ n a n a a contlct t. 3erty tcSarJSrig 'tla pr:i,erty. _s 1;ti+zA yaLA it i n :u lot tcn c^.e 4 t+ P ,p la a 'k set ao ta: re to Ae a. au rt a c' :tt ,r alter te; .1 c,a'S ea that ltd: '.e ,t.^71. r Ca aJ . , t,e A,3-enti, ,OL<'°.. .lul'. G: !,n .lid r E' eft, rigrs-y ay cgop.e Iron tree City of 0361.on int~)VIJu 9r. 3!,r rl, o e y z e ~V, It wnu.~ ,,;t re ne:assaLy :ter dorRerd to ce .a aid ur,opeet: i the dime time Os was talking to tae City lnapeZt,f, tnree or R~t> were on hia property. Mr. beery felt that his coaplaint shoul:, 11.0 been Poorked out oy staff and not wrought to the City Council, dr stated that he mad not tilea a uamage claim or eat!mate. mr. berry • ' showed the Council pictures of his property befora aria after tns construction of the rip-rap. Council Memos[ Alexanusr asked Mr. Berry +nat specifically was the request!gthat he was makinq of the council - what Kind of folio[ was F ( I f ar dr' Berry replied that he needed his yard to drain properly, Some type of fence was needed along the rip-cap and some landscaping along the fence. Council Member McAdams anted where the fence and shrubs would be placed - on Mc. Berry's property or the right-of-way, Berry replied on his property. He wanted to build the fence Himself. Mayor Stephens asked Mr. Bt:ry if he was requesting a settlement from the City. Berry replied that he intenaed to file a damage claim through the ° legal office. !'eyot Stephens replied that that woulo be the propec procedure. % City of Denton city council minutes March 10, 1987 Page 5 Lloyd Harrell, City Manager, Stated that Mr. Berry had been asked several times to file a claim with the Attorney's Office by Rick Svehla and by himself with no results. He recounted the ore conver- sation that he had had with me. Berry in which Mr, Berry asked how t procedure for making a o get on the Council agenda. Harrell informed Berry of the Documentation showed that the request staff be had placed hecntacts council withnMr. Berry and tried to take certain actions to res.ond to specific complaints. Council concurrence was that me. Berry would file a claim with the Attorney's Office. 4, The Council received and considered a request from Mr, i Jerry Cott to amend the approved City Council minutes of August, IV, i 1986. NOTE: THE PORTION Of THESE MINUTES DEALING WITH THIS REQUEST ARE VERBATIM. Jerry Cott: Mr. Mayor, Thank you. Council. Sungown Ranch on Teasley Lane, Dimension Development is on the north part of my property. Their zoning case was Z-I8ld and one of the issues of that zoning case was a wall that was to be built between their property and mine. In reaaing the original minutes that you ap- proved and there was not time with the prior City Secretary to get those minutes changeu, they aid not specifically state that the •w wall was to be built as you folks had agreed to, s0 I askea Mrs, Walters if -ee would literally translate, whatever she ale, and one dio that dnu submltteo It to me and to y0d. There is a significant r difference In net February 17, 190 literal translation. 1 .0413 like I-1818 February 17 literal translation, transmlaalOn rn:Iu-Su in L:^,e min..tes ver8ua the original fines Because in this ore, :her: is n0 30uoc tnai ens ;all nos co 0e uallt as it Jas so s:atu7, ~ ' t''e .)'ll.na : ran r, na_ ')a a 'n ) GProv~,., :c,ece s m41~ :.,:ut .e;e pa:)c•.:nsel, not lltara;iy tr4ra.1:e3. :l ay or :;canal Gkay, rnar.'a yuu, o:r Irt; q; Co4rdz ,4r, Yo4r la3iat, tae :ape3 account from :.le ty , Mr, C. y >:anagar, +nat sort of, Lf tn:s le a'JIle ti.nd.`d4t,J to w no proalem. Bit if this is a recurring thing, ;net sort Of t:-,. onstraints are we going to as looking at on the city Secretary's c of ice? Xi Lloyd Harrill, City Marager: Mr. Mayor, I guess that woul.1 be the aaminiettation's concern aoout th ' eR Cott asked that a transcription us done, iwelaid comply andhtryMto provide that for him inutes that were done as kind { m for9..,easI thbarx to inkpthat aompnristcae j don's concern would be the same as the one you voiceo. That in this specific came, certainly the work has been done and wa trieu to comply and make the transcript from Mrs. Walters to give that to At. Cott. I think we have some concer„ if, as a regular practice, we would find ourselves asking for requests that transcriptions be made of council proceecing:t and having to transcribe those ono attach those to the minutes. I think as Mrs. Drayovitch points out in the backup, the minutes that we now do are tar more extensive than what law requires a: far as the summary minutes of attlon taken by the a Council. So, we would just make that comment, Mr. Mayor, that I think the Council, as they ra~siaer this specific reydast, I guess from the stbft s sta.lopoint, it we had some assitanee that it woula be a very isolated case and would not reoccur, It prooaoly cogs not do any harm. But we would be very concerned and prooaoly raise that red flag to the Council, if we sit a precedent and this starts reoccurring and it does take a lot of staff time. So we .Oulu comment and I think also point out as Mrs, Drayovitch uoas, a two-thirds vote from the Council if you want to add the transcrip• Lion as part of the official minutes, : r% Mayor Stephens: okay, is there a response from memoirs of the Council? Are you ready to take action? s E P. City of Denton city council minutes March 10, 1967 s Page 7 Council Member Alexander: As I unaetstano it, the request is to I simply add to the minutes, by attaching the verbatim transcript, ; Mayor Stephens: Yes, the type written transcription of the tape, Debra Drayovitch, City Attorney: Technically, legally, that portion would be erased from the existing approved minutes and the portion, the exact wording, be typed in over it. Mayor Stephens: I thought It was just appended to the minutes. The minutes would remain as is and this would be appended to the minutes. I thought that was what we were asking for. Jerry Cott: Either is acceptable as long as these literal translations get into your minutes. Mayor Stephenst I don't think I would be in favor of expunging the previously approved minuted. Council Member Mopkins: can we not just insert this after this paragraph and show that this is the literal transaction of this. Because I can understand Mr. Cott's position# in that night, we Maas a great point to go to extreme circumstances to be sure that that was included eno could in no way be overlookeo and when we finally had it all worked out, we had very specifically were trying to do p this very thing, and I can understand that he would like it to de a pact of this record. Debra DrayovLtcn: Nell, I am not sure fcon, I see these orackets in x M1t t` the existing minutes on Page 247, is I assume wnat me wants cot- w' rectea and if tnut is going to ue s.,oatitated by the exact language, then this larnguaye that is in tnere now n,:eu3 to oe takan o]t an,] the exact rani a7r pit in ceca,.se , ,u ,te arging hit yoo c1+e , 3pprrr>4. ~ i .r :.C, •3"1JeCJ i L'i 'ra. .)pets, t r' OCac<et3 .ate rC9Jl1eJ Jy Cott, It ]ndeCdt9C S? Otacketa .:C4 prj'V:led o'y yul :V .Q3:? t) t O.nO:l •r 4:s ~1:7 request C"3t ie la naking, 431 lon? n the ort..131 % nut:.:, d:, i. that j:,4 rwt .,re VC. Cott. ' Council Menoer hcAdsms: !hen the question for me then, is uxictlJ what fart of this transcript world we be putting in to suoatttite. w, 1 don t mihu appending the whole thing, out it 10048 to me lire it we're golnei the change something, perhaps the urackated portion is ' what we neea to put in. Mayor Stephenst well, if I might cespono to that. As I understand it, now Mr. Cott, you correct me if I am in error here. It is my understanding that all this is completely unnecessary. %hat that d' fence, if that's sort of thing you ate consioeringt that is to be r addressed, when the staff says it will be aodressea, at a mote appropriate time, a' Mr. Cott: No sift that was not the issue. ' t m Mayor Stephens! I know tnat you want to try and nail that uown, as I understana it now. Jerry Cott: Page 60 "Council member 6lford: but how oo we assure ' that It in there then" and that's what I really am concerned about # 4~ from there on. Ana *not I am saying is that is not to rte an issue, That was agrees by you: not to De an issue on a going forward t basis. That's automatic, that fence is to oe there, This literal translation statue that. This transliteration does not $tats that. Council Membec McAaamsr Mr. Cottt then the motion in the literal translation which doesn't start until the odttom of page 7 and 8 is where the literal prct or that ls, are you saying tnat's not suf- ficient that have rl0stituted. I think part of our question is just how Much substituting do we need, I City of Denton city Council minutes March 10, 1W Page a Mr. Cotta well, I wasn't prepared to go through this paragraph b paragraph because the literal translation of these minutes isvery y clear that that fence is to be built. It is not to De addressed in any later sessions of anything. It is to be built. And that's what you agreed with. S Debra Drayovitch, City Attorney: I was just going to try and further explain my reasoning why an addendum would not be appropriate, is just as Mr. Cott explained, if the actual minutes do not reflect what happened, then just merely adding on would not resolve the conflict. The record needs to speak of what truly occurred. Me. Cott: How would you do that, Ma'am? Debra Drayovitch, City Attorneys Tell us where it is wrong and the Council will consider making that amendment. Mr, Cott: I am saying that your entire as approved minutes are wrong, and I 'would like this is correct as in. This new, February 17 in it'd entirety. Because it was the literal conversation that you had and I tens to be a fairly thorougn person and that is Some- thing that I would to comfortable with ten years from now when nobody is here and something like that has to De taken care at. Cecile Carson, Urban Planner: Mr. Mayor and Members of the y. Council: I would assume that the question regards the tense condi- tion as being when it woula be imposed. During the discussions anu if you noticed in the minutes, the conversations between Mr. Morris and the legal staff and our department curing the proceasihy of Z-101x, was that the fence could not oe aaaea as a conuition G) Z-lald eec3uae it was only a portion of cne planned oeveiopmenc 1m. the entire aoatiieru counoary was not Oelng atfecced. Our convers.- tions wLto Mr. Cott +]s snit if ne ~3s concdene7 a0out the e Gnat he ❑c ,~,.t ;o 6 S`i' 3 9') on recoru ,a stacurl :n3. Lroe trace -r Je CU113:u!r?1 '.:11 ] 9ontng 3c t:on +`:en Lt :011a ee pi 1::3 i; :ond'-t:); ..r. t.nu 7:C a:l@u 3lCe ]'~1 at i~}e. iii It CJJII i.mpo3eu 13 1 CJiTJlG ion to Z-ldld oelJae it w39, in Orr U7i.l:U'„ _ A iali0 C)n.a::')n :Jr Lhe imnLri?nt iha inouli ti cOn4tiere.. 3: x' time thit tie Oet31.ed plan for the entire uav3lop,neht .is lone, 'v to waa . reterence twat f9.J .ere telling him that rou aoula mlae t) the minutes Ana it is in the Planning and Zoning Commission minJtiw as wall, that 3t the aarne time that the coral lea plan w3. ? AI considered, we would LOOK at the fence issue to oetefmine where It I. would be locatea and at that pOtnt, if it was necessary, if the need . was $till there for the fence and his concerns were still, that the G fence should ce located on that boundary line. § mayoan?stephenss Okay, any questions that you might have of Ms. Council Member Hopkins: Ma, out I think we were all clear On What Ma. Carson had stated that night and I didn't feel like that was what Mr. Cott, that's still not the issue. Because we can see in here what we actually approved. Mr. Cotts That is correct, Mrs. Hopkins, She it correct in what we said and that did not satisfy me that evening. This whole discus- Sion is why I want this pinned down. And that is, that this was a proposal that there is no question that the wall is to be tuilt, Not when and where and hoot, out that wall is to be built before trey start a development In Dimension Development. That was what you agreed to unanimously. Council Member Alexaneers Could I ask a i ` s quaation to the City e Attorney that mlgot help resolve this matter? Could some action at taken tonight to reaftIrm what thi Council did back on that earIto[ date and take that A part of our minutes tonight and would that be satisfactory to Mr, Cott? woula that possioly resolve it? Mr. Gott: Yet Sir. a• ~ i F , t City of Denton city council minutes March 100 1987 Page Y j Debra Drayovitch; That is possible but it the Council intends tonight to agree that no matter how chat final Site plan comes back, there will be a fence a part of that, I do not think legally the council can agree that no matter what the conditions are of the future proposal, there will be a fence included. Mr. Cotta That's what was agreed to, Mrs. Drayovitch. Right there, what you saia, was agreed to. Council Member Chew: I think that's where our problem is coming - miscommunication. Because the agreement was made that night that we would require that fence to be built, Mr. Cotts And that's why I am here tonight because it is not clear in your minutes. Lloyd Harrell, City Managers I think as was point oat, I don't anybody had any difficulty either Mr. Cott, it I recall, that a fence would be there, The people that wage proposing9 the develop- ment had agree?, you had agreed and that was reflected in the discussion. There really was no disagreement. It was simply when And, the, appropriate time to show that particular improvement. Mr. Cott: No, Sir. What happened is that you agreed that cefore that planned development was constructed, this had to oe built. That's what you agreed to. Ana that's what I want in the minutes. As you can see, the the City Planning Of tIce and the City Attorney, themselves, don't unaerstand shat was done it the last meeting. J A' co Ancti Mamoar Aldalesperger: Mr. Mayor. i % Mayor Stephens: iss, Mr. Riadlospetger. l N ~ ? Council .4e-.oi iv. ..3sperget It hove that clis tr,1n=,Cr1gt incur?dr3ted ,d 61^4tes at :3 avdnlny 33 :vile^,ca neaninl it cne n~cates dt aAtn inn ijen, :s a lit :3:a:t1~n t~ e ~•r i' ~~tt \r6 r: ?LyUn2 ..3e, '-aJla I jot i SECO i]7 ry' COdncli iimodr %~hdw: Yes. y.+'F ' Mayor Stephens: we have a notion anv a second to incorporate the ,I fir. taped transcription !rom the August 190 1v86 Council messing onto the minutes of tonight's meeting. It is the tape uated d-is-o6, Mr. Cott: Ana tranecrioed oy Jennifer Walters on Feoruary 17, 1Y0. t Debra Drayovitch, City Attorney: I'm trying to clarity the retard, ' but perhaps Someone would like to include that tonight's minutea at 111 transcricea verbatim as well. So that there won't be any tutite misunderstandings for Mr. Cott's protection As well as ours. Mayor Stephensa All rigSt, does everyone understand. OKAY, any further discussion? Yes, Madame City Secretary. r•, !rt Jennifer Wa . ate u, Acting City Secretary: I wodaa like ■ clarification on the verbatim transcription, of this particular portion of the minutes or the whole thing? Council Memoer McAaams: this pottion, I would think. Mayor Stephens: Just this portion, please. Any further question, Okay, those in favor, say "aye", those opposed, say 'noMotion carries unanimously. } F3 _ i r . City of Denton City Council Minutes March 10, 1981 Page 10 NOTE: THE NEXT PORTION Of MINUTES IS A VERBATIM TRANSCRIPTION OF # THE CITY COUNCIL MINUTES TAPE Of 8-19-86, TRANSCRIBED 2-17-87. CITY COUNCIL MINUTES FROM TAPE DATED 08/19/86 Mayor Staphena: The next item is 38. 3-1018-petitLon of Dimension Development Company requesting an amendment to a planned development PD-19 and PL-81 and approval of a concept plan for the mingle family (St-10), single family cluster housing and park areas located east of Lillian Miller Parkway at the intersection of Teasley Lane, FM 2181, The 161.7 acres was zoned planned development by Ordinance 81109 and permits the development of cluster, multi-family, general retail, single family 10,000 square feet, single family 7,000 square feet, office, park and a community facility site. The amendment would change dream as mentioned in the backup material. The Planning and zoning Commission recoamenos approval. Is there anyone in the audience who would like to speak in favor of 3-1918. Please come forward and like the others state your name and your ancnor and proceed. a Rick Neff: Mr. Mayor and members of the Council, my name is Rick Neff, I'm with Dimension Development Company. we oring this before you this evening asking approval of this change in the uses on out property. The property was zoned PD In 1981. We are coming oefore YOU to change some of the uses. we are 3100 asking approval of a concept plan which was not requireo in 1981 which gives you a much better idea of what exactly it is we plan to do. I 'w0a1d be happy r to answer any yaestions. ayot S'teptiens: Ocay, what uia you aiy your name was please uLr? Risk : 7 e t f : ~il ra„ie t o 3 i : k N a t F, Mayor SL+p-9"43: 1a n ?it, Governor tat Jettt 4 Rk.k lJetC: 't!s qtr, :Mayor Stephena: ')Kit. You relatea? Rick Netf: Yes air. 1 Mayor Stephens: Are you? Ail rLgnt, tnat was a lony time agu, that won't help you or hurt you. a Rick Nefft I'm glad to hoar that. Mayor Stephens: Okay. Anyone else like to ask Me, Rick Neff any questions? • r 4 Council Mender Rioalespmrget: I noticed that it's on Lillian Miller, Rick Neff: Yes sir. e .i Q fit' Council Memoer RLdalesporgar: Are you going to pave the other two lanes of tnat street? I didn't see this in your material, I lust wondered? ,r. Rick Neff: rnera mast have been a reaaon for that air. No sir, we don't have !hat in our plans At this moment, Council Memoor Riuulesparger: It atoms to me that there is a part, a part of the proolem your going to have there anu in terms of access and I lust wondtreo why that wasn't in that plan? Rick Neff: That's a good question sir. I'm not sure I nave a real good answer tot trait, except that's not in dui plans at this point. , t Ali, i ''Yr , ' Y v` Y City of Denton City Council Minutes Match 10, 1987 Page 11 ; Council Member McAdams: Is there left. going to be right-of-way for that Rick Neff We've dedicated the right-of-way already. Council Member McAdams; Okay, Mayor Stephens: Okay, other questions Mr. Neff? Thank you sir. Rick NeffI Thank you. Mayor Stephens$ Is there anyone also in the a,:aience who would like to speak in favor of this petition? Jerry Cott; Mayor Stephens and City Council Members, I'm Jetty Cott, Sundown Ranch, just to the south of this. Basically we are in favor of this with two comments. Comment number one is that in the original agreement where you see a black line on the south of Dimension Development's Property, Mr. Wachter, many years ago wnen he $tatted and many times since has agreed to put a permanent orick or stone eight-foot wall between that property and my property and t twos wPlanted sure that a alecturel,e but petition. of Number those properties are now zoned on a first-come, first-served basis and I know that this city Council and the zoning and the people of tnis community are wrestling with that issue. There is no zoning, I am zoned agricultural, that I could have at this point in time except SF-16# which would not go over the city Guide according to the ' first-come,uifItstoserveasupoandyserure iouslyaillminate take eas part of this community's operating proceoire. TnanK + You. ..1 Mayor Stephens; 0iaj, any questions to Mr. Cott? Thanrt you air. Is tnece anyone else +no likt to s;eaa in favor of 2-1613? Any,n.± else n0 001.j 111,e to speak in tavjr of tnia petition? Anyone eia3 Sn favor? :or :n3 none sec s,a ,ai c ,p. t there is anuor"e aaalenc! ,r,) 11<a to apeaa in oppoait:on t, 3010? Clauats aro+n; Nd name is .la~o:a dc)-n anu I live it :.i aiugecrest in Southriage ana 1 7uat ;ant to 6r,aw it t;.s I appruveu, ,nat Is NO going to co, or 001at is the Ctty 7oin4 to ~u ,o a' that tnese people can get in now out, because we can't get in sn,. out, and that's my only opposition to it. Council Member Riddlespergert you're asking the same ' asked. Who's going to pave the other two lanes of Ridgeway? question i Claudia Browns welly I've only there four years and to my knowledgMille can either et out by Teasley Lane or t can get out by the ecces road, well you know, fairly new, or you can leave at r; the traffic backs up off you the can't interstate iad so youecan'tagot bAcky you can't get oy to go back to town which 1s where t work. And if you go out Lillian Miller, then in the morning I have to wait three or four traffic lights to go that way. And I can't even an mo at o y re on Teasle 9 ut y, sot just, how am t going to get to work? Mayor Stephens; Okay, I ate what you mean Ms. Brown. Any questions of Ms. Brown? Okay, thank you, Staff will address, I presume when the time comes, the traffic situation. Okay, is there anyone else k`. who mould like to speak in opposition to t-ldld? Anyone in opposition? Anyone in opposition? Let me declare this, well wait a minute we nave a rebuttal, would the petitionor like to aodress the particular ,uestion raised and limit yourself only to the question raised? Okay, thank you. We declare ana public hearing to be x closed and call upon the City Manager to direct his staff presentation. l i ~ City of Denton City council minutes march 10, 1987 Page 12 I 1 City Manager Harrell: Yes, let me at least start by asking the Planning Staff to make the primary presentation please. Cecile Carson, Urban Planneti Mr. Mayor and Member: the Council, as already has been mentioned this is a planned 'opment that is approved and in place under ordinance 84109. Th,., is an amendment to that proposal and a request for approval of a concept plan on the residential areas. The three areas of concern are basically, I would like to point out to you for clarification is, a change from 15 acres of cluster housing that would have abuttea Mr. Cott's property on the south, to a single family SF-7 district; a 30.3b acre single family area on the north boundary line that was SF-10 that would Oe changed to single family on 7,000 square toot lots also; and an addition to the until in the 28.53 acre cluster housing area that abuts the light industrial planned development on the eastern boundary line. This property does abut Lillian Miller Parkway and Teasley at the intersection in the original planned development when it was approved right-of-way, to answer one of the questions, was provided by these Jevelopere and paving was done of those two lanes. Additional right-of-way has been provided by the developers to construct the additional two lanes for Lillian Millet's expansion and it's my understanding that the money situation for that will be involved through the bonding process or the bond approval to actually do the paving of those additional lanes on Lillian Miller north of 35. To clarity the issue brought up by Mr. Cott concerning the fence. in the original ordinance, there was not a condition imposed to build or construct that fence. In dlscueslons with the Legal Department, since this is an amendment, it was stated that that item is something that should ce addressed technically during the uetatlea plan stage when these developers would as required to Bring bacR their specific details and screening for the project and it is hot an item Gnat snout, oe addressed at this paint. Ho.ever, .e aid ncntton CO Mr. Cott that It woul3 U? tor Cis test o?netlt td na to it On Gne reZord Of Flanfling end zUnln3 .)milli ision end .:e City Council tilt ne :a a'.ll. concern?u J~^~d S[lll lnteCE3t2u at St null 3Glgk to l.•: 6..j:1[1 . the tsnce constructed. Tne over31l•.*i ;;as not q Cnaage the intensity or toe ensIty !a tn13 o:+a. It remaind a -..e t e07131.3tent amount of Approximately six percent ovdt tie ,.ta, Ar:, Ins propoalr goes item to ado a numoer o: oenetita lnu,dulrl s diveralty in the area and the Planning and Iuaing Ca.mmidAlun ilu recommend approval oy a vote of c-l. mere were nine reply tdrma mailed to property owners witnin 20o teat and one wa„ teturnti+ to favor. And it you have any questions I will as pLaasea to respohu. Mayor Stephenas Any questions of the Council to Ms. Carson. Ms. Carson would elaborate jest a little Olt more. You said that it would not change the density all that much. To Change from SF-10 to SF-7 and to increase the number of cluster housing, whatever cluster housing x7 $ like is, end density a nbitafinitione t think, that Would ti ccomes rease unoec look Carsont in certain areas it will change the density a an increase, but by eliminating the cluster housing which had a density of approximately 120 units and reducing it to r.ingle family 4F-7, which is approximately 4.7 units per acre, you have a significant reduction in that one area. The single family 10 and singly family 7 is about a .7 aifference oetween the density tLat has been proposed by the developera, so theta's not a whole unit difference on the percentages and in the cluster area, they are increasing it by approximately 25 units. Bit there's still an overall dectedse in their total units for the project and that really has a great deal to do with the fact that their figures or their density tigures for the SW is slightly lower than what we use as a standard In most i straight robing requests for single family .1tn 71000 toot lots. { -r mayor SeePhands How will that affect the property to ens south ~ then$ In the transition from s4ric ultural to this development. City of Denton City council minutes Match 10, 1951 Page 11 Carsont What has been recommended in the Development Guide basically is when one of tLese intensity areas is over the standard that we look at it from an entire planning area and what the surrounding land uses are. This will provide some additional flexibility for Mr. Cott or whoever day at soma point acne the property to the ■outh. That we would look at what the surrounding aching is in order to consider a proposal for his property though it is over the standard. it would be more of a land planning issue j than an intensity issue at that point, since the intensity has Dean used, Mayor Stephenat Then on the other side, has the trans.•lon to the north side been changed, The Village$ or what ever that was. Carsont The property to the north that abuts the tingle family, or that abuts this family is single family with 10,000 square toot lots. Mayor Stephenss On that the Village? The wall on it? Carsont That property ;buts Teasley and comes bac :awards this corner, and you might point it out, the property is split on the northern boundary so that there is a double transition, the sevens going to the tens does not significantly alter it. Mayor Stephenet Then one la at thing. Would you addeess Mrs. Brown's inquiry concerning traffic. As I understand it, the intensity, as you explained it, the intensity is not changed not much. 'P" Carson: As far as our trattic generation, correct. mayor Srrpnens: So tnat was I relieve was the extent at her question rich means th1S caning .L11 not auvLesely attect it i;lj . f' more then its alrea3i oeen itfeatea, tnen whdt is aireaay in Place. as arson: 319nt, tae 2bnli.y that is n L)LICE tool] 'e0JL,1 Ce J ua'_ trattic j?IlYratJr as the arelloment tadt,s ddl.ty j3ra J'Jae3. %,ayar step^ena: I see. i Carson: So they wLll not generate any .more trs:flc anw tnen tGt r , toad itself would ce as part of that Oahu proposal to actually UL) the other lanes toe Construction which woulu improve the area but the intensity would not change oecause of this amenament. I Mayor Stephens: hr. Rladlesperger's question, do you want to addre4s that in a moment? + t 5. though Stephens: Well let me see, any more questions toe Ms. Carson CarsOnt Mt. Ellison was dust pointing out is something that the citizens of the area might be interested in is that there is a proposed collector that's shown through this property that connects Lillian Miller. At this point it would dead end in that cluster area. The uevelopets in this request have oeer working with the State School and with the adjoining property own-its to extend that collector street to state School Roaa which Would ultimately be Loop 260, That woula add an additional access out of that Soutnriage, 8011theast Denton area to the south end to the east wnicn would provide some auditlona 1 assistance in traffic. Mayor Stephens: Across state property? Carson: Tne property that is presently owned oy the state Senool, where the park, Brier Cliff Park is presently located and is a lease f agreement with the City for the park to be located there, The f a, collector street alignment at this point would go through that property and connect into State School Road, , I i I City of Denton city council minutes March 10, 1981 Page 1/ Mayor Stephens; who would pa Y for the road across state property? Carson; I believe that the developers would pay the majority of it that went through their actual development, Mayor Stephens; Yeah, I know, but, on State School Roaa, who would pay for that? The developer? Cations 1 believe that it would be, you know, something that would have to be worked out, where the developers and probaoly the city would have participation of some kind of agreement to ouild that road. The specifics have not determined that I know of, Mayor Stephens; Okay, thank you. Mr. City Manager. Lloyd Harrell: Yes, Mr. Mayor, I just wanted to elaborate dust a bid on Council Ridolesperger's question regarding Lillian Miller and 1 clarify to the Council, that as part of the Capital Improvement Program that has been filed with the Council by the Planning and Zoning Commission, it does call for funding to complete that section to a four-lone section on Lillian Killer, Ana as council is aware that now will be funneled back to the Citizen Capital improvement committee that the Council has recently proposed and that will be back to you probably within the neat couple of months for final decision, and then possibly a bond issue, , Council Member Riadlespergert We can get some voted that way. How far is it from this proposed street over to State School Road? How far is it across there? t 1 ' Mayor Stephens: Now far is it to Crass the wayl d , Carson: About a .rile. -tg Mr. Neff: :irat of sit, also ice uwnata of the zo;oinir.g trar., .'i Inele dr2 t.J Gi,7COJy nf!!e3 at COI:eCtOCd airectli lc[73d tn15r .e A[e 5ho'w tJ 1J,l lle7. r/na wVJ13 lny rtgnt new auld wtnJ a[ouna one :ire ana go uj.n to the sauta:dst porrtlon . the au oi.un 1 g pn.pelty, across this northern taL of one 3taun n,t:, which is State SCnool ptaEetty, I nave ottn wolKtag with the ;toty Department of mentai Healrn anu Mental A2tdtaatton now for nanr } months. They are in agreement 'witn us that we need a collector across there and they agree to give us access, or right-ot-way, z, Mayor Stephens: And you would pay for the whole thing. Mr. Neff: Sir, as Cecile waw kinu enough to point out, the details on that haven't been worked out, But it is certainly an essential part of tor development in this whole area of development as tat as "~7 p access to the entire area, Mayor Stephens: Does any memoer of the Council have anything :urther to add? Council Member Alford: I was curious as to perhaps, Mr. Kayos, an yk regard to the buffer wall that me, Cote was referring to. . Mayor Stephens; eight toot, j Council Member Alford; Is this included in it, or old the city Attorney have some comment on that, Dlo I misunderstand that? 3 mayor Stephens? i believe the question was, is the Planning Statt have that written into the agreement, Council Member McAaamsi Ana they suio no, that it was hwt. Mayor Stepnenss You know, I did not catch that. Ukay. t ,r i 11 i , 3 City of Denton City Ccuncil Minutes Match 10, 1987 Page 15 Council Member Alfords Okay, that is what I thought I heard. Mayor Stephehst me. Debts Drayovitch, City Attorney Debra Drayovitchs From the notes indicated at the Minutes of the Planning Commission and No. Carson's communications with Mr. Morris who is our toning reptesentetive, I believe it is indicated that the appropriate time to insert that requirements for the screening wall is at the detailed site plan approval stage. Council Member Alfords But how do we assure that it's there then. Mayor Stephenst By putting it in now, really. Council Member McAdams But, we've got it, unless we are going to amend our ordinance, see we have got an ordinance, it does not include it, an amendment. Carsons It I might address this more specifically, the main reason. i for this is because the amendment does not affect the entire southern boundary of that project. It only affects one small ` roperty, which, since it is an amendment we would technically only have control over req,sesting that that masonry wall as located along, that one section of SF-7. Which could potentially create more of a problem then waiting until the Detail plan when it could be placed all the way across the southern boundary. And what has r been done, is there are letters and statements from Mr. Cott and it is in the minutes of the Planning ono Zoning Commission and now in the Minutes of the City Council, that this is an item that should oe addressed. So that it will be on file and in the planning ataft'a records so that wnen the uetaileu olan Id suomittea, tnat item can 1', to inserted as a condition to that detailed plan. Major Stephens: 'Heil, wny coilun't it oa inserteu now io ,u,, ' . cenove tnat uncer tfin ti and nave it as a mat tar of rector l: Cdradnt it is my anuerstan.iln4 tndt Wr. Murcia hdri a prJjl?it +lt, it oe:a:ae it wss only An amendment to a portion of t.e F=!?, ; uiveiopmint anu !os could oii ii reau:ra tna Lance aixi I ti, at F, at tae planned development that was oeiag arendeo. So it r „t actually dlviue the netgnuurnoou and nave parr. at it with a len.:a and part ut it not depending on how tnelt detail plan +as wdnmittea, Lloyd Harrell: Mr. Mayor, if I may. My unuerstaouing is that all the parties are in agreement. That fence, if I unuerseana correctly, tram the developer, everyone is in agreement that tnat will be provided outing the development process, and what we're talking aoout is just the technique for insuring tnat it is accomplished. And I tnink that is why the staff suggested tnat we put that request in the Minutes and what I would suggest is just a statement similar to the one that I made. That everyone is in agreement that that fence will be provided at the appropriate time when the final development plan is proouced, so that everyoody understands that. I think from a legal standpoint it's best to CO it later although the intensions should be expressed at tnis point. Debra Drayovitchs I think it you go ahead ono have a portion, I mean you could go ahead and include that as a Condition of the ordinance before you, anu I'm not sure of the atfect it would have 3 later on. 8-it I think you Still have the opportunity to come oaCK at a later port in time and will nave the authority to witnholo development approval until that condition is met. Council Member McAdamas Is the motion in order? Mayor Staphenst Yes the motion is in order. 111 r. I L City of Denton City Council Minutes March 10, 1987 Page 16 I~ COUncil Member MCAaamet Then I want to move the approval of 2-18180 the ordinance, as provided in the agenda packet. And add as a note I 1 in the Minutes that Council desires at the time of the review of the detailed site plan, that a fence along that northern, do we consider that,,, the southern wall, southern, I mean southern bounlacy, that the solid fence along the southern boundary be Incorpo a tid in that detailed site plan. Council Member Alfords Second that. ell mayor Stephenar okay, motion second to approve the ordinance before i us with the condition of the eight-foot masonry fence be added at the appropriate time. Any further discussion, Madam Secretary. On roll call vote, McAdams "aye," Alexander "eye," Hopkins "aye," Alford 'aye," Aidolesperger "aye," Chew "aye," and mayor Stephens aye. Motion carried unanimoueiy, Mayor Stephens: All voted Aye. 15111 NOTES THIS COMPLETES T,fE VERBATIM PORTION Of THE MINUTES S. Public Hearings A. The Council held a public hearing on the request of Teasley Road Associates for annexation of approximately SU.d2 acres being part of the James Coltart Survey, Aostract 2bd, Ina located I northwest of new Loop 2dd, norm of Kings Raw, and west of ?acne Road. (A-41) { me Mayor openeu the paolic nedring. Brian Burge, ietropiex Englneerln;, sp;ge in :AYar of t',t ; r?. .?J t 1 He staceu :^,at tnu o«nar "as rea ti ng the anne,a ton, 4tc:r annexation, the Jwnc'r .ancea to proalaa ato :uninl Ana rests?1u s. dovelapnant '.u tn'i rop a+~ N erGy. It *$a in uitenalan JL pt J~ert, ale.ady annexes, M ~r „r 1 rs ',V~ No one spate in opposition. The Mayor closed the public nearing. rr, Cecile Carson, urban Planner, stateu that this was A voluntary ,i annexation request by Teasley Road Associates. It was In conjunc- tion wlth an annexation which was approved and requested by Teasley 1 Road Associates last year, There was construction occurrir,y on that annexation for a school and toning had bash approved by the City Council on that trait. This was a continuation of their property in the area. There was no satiating land uses on the property. The s~ owners did anticipate a soning request In the near future, There were three reply forms mailed to property owners - 1 returned in Favor, 0 in opposition. The next puoiie nearing was scheduled for Xarch 11, 1v67, t a? A y Consensus of the Council was to continue with the annexation "~a schedule. i B. Tne Council held A public tearing to determine the t I correct name for Paige/Pockeas Road. The Mayor opened the public nearing, ?i Lucy Jones spoke in favor of the recommendation of the Planning Anu Edning COMMISSION- Sne was the manager of the Sherwood Mobile home Park which was on the road in question, she was in favor of changing the name of the coda to Page Road, she stated with all the changes of the name, people Oece losing their mail aria that it waa Y' very confusing. ,r City of Denton city Council Minutes march 10, 1987 Page 17 1 Council Member Alexander asked Ms. Jones whlch spelling she wanted the road to be - Page or Paige. v Jones did not have a preference as long as it was Page/Paige. i Mrs, H.W, Pockrus spoke in opposition to the recommendation. She ii stated that her family had owned tho property in the area of Page/nckrua from 1945. She stated that in 1976, the County Commissioners named the road Pockrus Road, signs were in place as Pockrus Road and maps had been mace with Pockrus Road. She felt 34 that it would be very expensive to have to change ell those signet etc. The Historic Commission had agreed with the name of Pockrus. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that name of this road had been a problem for people living an Paige/Page/Pockrus Road. The road was annexed into the City in 1985. The traffic engineering division posted signs with the name of Pockrus Road which corresponded with the name which was on the official County Road Map. The last official name designated by the County Commissioners Court in 1976 r was Pockrus. The County Historical Committee recommended Pockrus at ` that time also. Ina City aid have the authority to change the name since it was in the City limits. The Historical Landmark Commission recommended to retain the name of Pockrus Road. The Planning and toning Commission recommended the name of Page Raad. Staff rise no particul.r recommendation other than to get tae issue resolved one way of the other. ` Mayor Stephens askew Spivey ho" the "i" got in the Paige version of r+> the Cosa name. Spivey replies no one aaumeu to a.10" no" It -jot in driers. The toito.in,g ,r .^s^ty ,ra conaiser:j: i `i !iJ. 31-~ 19 ~ ' OdDINA"ii:E VF idE :icr JF oiisro.„ i%xAii ?iiwL),!1J tOR j r•'~, ..AAIr+O OF A PJbLI: 9iASEi' SIIJ{ItJ r`E TIES :uR?'J+tAIE LIEN.:- o2toClll+; E of NE cIli OF DENrON, f£RAS! AND DPCLAdINI, AN `+w BATE. Riddleeperger motion, Cnew Second to nave the name of the rdaa ue Pockrus Roan. On roil call vote, McAdams "dyer" Alexander "ayv," k ? Hopi,ins A1foCd "aye," Ridolesperger "ayes" Cnew "aye," and j Mayor Stephens "aye." Motion carried unanimously. Consent Agenda Aiddlesperger motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda + r' dos. A, Sius and Purchase Orders: 1. Hid 10703 - Dry Type Transformers 2, aid 10101 - Electric Motor 3. Sid 1011 - Otis and Dresses 4, aio 10717 - Heroiaides 5 v'. Hid 1071d - Tractor/Mower LOMDihation , ' 6. Sid 10721 - Refuse Containers •,4 i f . q City of Denton City Council Minutes March 10, 1987 Page 18 i 7. Bid t9713 - Asbestos Removal B. Plate and Rapists 1. Consider approval of preliminary tat of the Southeast Fiat Plenning Airport Addition, Lot It Block 1, (The nd toning commission approve l.) recommends 2. Consider approval of preliminary rapist of Lots 1-t, Block 6, of the Northside Addition. (The Planning and toning Commission recommends approval.{ 1. Consider approval of general development plan for Surrey Ridge Addition, (The Planning and toning Commission recommends approval,) C. Tax Refunds 1. Consider a tax refund to Grady Ganoes in the amount of $1279.96 2. Consider a tax refund to Lawyer's Title in trio t` amount of $869.78 ' 7. Ordinances A. The Cuuncil considered adoption of an ordinance accepting competitive olas ana providing tot the award of contracts for the purchase of materials, equipment, supplies or services. " t The following ordinance "as consiae[eus { N0. 0-':4j I aN JA01AANCE ACCEPCIPIG Rmi6rLrIVE 3IUS 113 A,'ARJ( ;i q ! ' V ;tA~C ?JR :nE PuACnAS6 Ui MAIERIAI,S, -QUIOMENC, 6CS Cr+r,,;e;; i JR SdRVICBo; PNUvIJINO e'GR 'CAE Ed P of. L) IT JAE Or t:.I7i :MEREFOREI ANU PROVIDING IQR AN MEC:IVE D41E. 'MCAdsme motion, 41fora second to adopt the ordinance. On roll Cali vote, Mc408ma "aye," Alexander "aye," Hopkins "aye," Altora "aya," Aladleeperger "aye," Chew "aye," and Mayor Stephens ways." Motion carried unanimously. B. The Council •:onsidered auoption of an orainance ao:epttng i-; M w.; competitive Dias and Iroviding tot the award of contracts tot puolic works of improvements. The following ordinance was considareat NO. 87011 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR " t. THE A%4RD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS1 PROVIDING FOR THE EKPENDITURE Of FUNDS THEREPOAr AND rs. PROVIDING FOR AN EFFECTIVE DATE. McAdams motior, Alford second to adopt the ordinance, On roll call vote, MCAdama "eye," Alexander "aye," Hopkins "ayes" Alford "e o " + n ddiosperger "ayos" Chew "dyer" and Mayor Stephens "aye," Motion Cart ad unanimously, designating arias a Otthoolad safetytispea~f t nay oonlhwoou Streets Ruudoll Street aura Davis Street. r Q'1 :r I e_ Y' 1 C►ty Of Denton City Council Minutes March 10, 1987 page 19 The following ordinance was considaredi N0. 87-012 SPEED AN OR JONE DINANC! DESIGNATING AND EST ABLI ON SHING A INTERSECTION WITH WOOD STREET 300 FEET SCHOOL SAFETY NORTH OF DAVIS STREET NORTS OF ST ITS I ; RUDOE S FROM ITS NTERSECTION WIT LL STREET 3Dp FEET IN D T AV ERS I8 ECTION STREET W I f D e WITH A TH WOOH D AVI9 STRE UDDELL STREET; REDUCING TNESTREET TO ITS 7NTEASLCTION LIMIT FOR SUCH PORTION MAXIMUM PRIMA S Of 11S P SPEED TWENTY (20) MILES PEA HO R SDURf G ACERTAINOHN TH,,,rY (301 TO O RSt pit OVIDING ' A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED (N200 DOLLARS ,00)i PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. DECLARING Lloyd Harrell, City matter of A school son,,lager' stated that this item was a c lea 1-up : a ;t Chew motion, M*ayems A voter McAdams " second lexandeco adopt : the ordinance, On roll call } s cerrleapunanlmouely Chew "aye,""sane MayarlStepnane""aYe~~d Moalen Item E, was moved ahead in the agenda order. k E, The Council designating and estaolienin Co g red adoption of nside " Street, Bryan Street 9 school safet ordinance Linden Drive and on Crescape 10 ontdSt[ones on Fulton me following ordinance was considered, NO. dl'-U// 49 ~Jt A:r' p JEST wAIr:1G 4,u E 5vt:tJ I.y •.t•.ns., L' t i l v . dUIrQN Sr:!• dESt;{1L[SnI'!G 5CiUVL S,"Fh.i fi •`i rtac.tlV.J dl Li I..J C., Jelly: .4:,J wU ~ inJ F CUROELL a:tctT1 ~V dirAti 5i «E;Jle r..; OAin uF [+S rN::<SoCr1~, 1:YG At its INrEASEC" UN ;,Teel I,h tJ0'a Jd r Jell Y~ Bo::: A;1I VC 1? FEEf wES CdE~CtVp 5'd 1:,~ }~v + d~tJ ~.v L: ,J_~, FULiON SrAi r OF EI AND ENDING f•' +•~.EASEC;rJt ~ -:5 bled ALICE SrRE lVU FEET wESI " rl+n f, EC CAESCENf OF lr lVrERSEt'flL1 EA3r ; ON •'IrS y FSEf 0A5r 0 rNTERSEC'fION br'fH 9RYANoer dEGINN IC40 31U FESr Sg0r AND SOINq 1j 1 F IfS INTERSECTION WITH rvL fNE MCAS o PATS F TUjj SfetEE'f(l,REDUClSG SAID STREdfS FROM ACIE SPEED LIMIT Fog SUCH PORCION9 01, IAf DURING CERTAIN HOJASY (30) a0 TwENTY (2U1 MILES 1'ER NVUtt EXCEED ; PRWIDIN3 A PENALTY OF iWO HUNDAtD DOLLARS A FINE SEVEAABILlTY CLAUSE; AND DECLAAINO IAN EFjEC1rlVEPDAiYED2NOf TU A Lloyd_ Martell, City manager, that tnls cleanup item for school zonestated item was also a ' Alford motion, Hopxins second R Vote# iddles ars «"&Yer"" Alexander0%& OOpt the ordinance. t Psrg e/er Chew "a w Yer Natxine aye," Alfoidll Call carried unanimously. Yep and Mayor Ste hens " "aYS," The Council rtrt'rned to the regular A P aye," Motion Benda order, deal D' :no Council Considered n of gnatlnq ,sd eatadll adoption speed Zones for east ands rest t ighraffic on U.s Nigh«ay 3a0 from its intersection n t uouc Hway JS to es 'In city limits, with rnteratate ` + l r City of Denton City council minutes March 10, 1987 Page 20 The following ordinance was consrderedt 3 N0. 82-413 i AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 15 TO WESTERN CITY LIMITS FOR A DISTANCE OF 2.592 MILES) REPEALING ORDINANCE NO. 83-03) PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)) PROVIDING A SEVERABILITY CLAUSE) AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdama "aye," Alexander "aye," Hopkins "aye," Alford 'eye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance emending Chapter 10.5 "Flood Damage Prevention", of the Cod of Ordinances Of the City of Denton, Taxes to provide for adoption of the requirements of the federal Emergency Management Agency) providing for amenaments thereto) providing tar additions thereto and providing for aelettons therewith. The following ordinance was considereui N0, tl7-01! ' AN ORDINANCE AMENDING CHATTER 10-1/2, "FLOOD DAMAGE PREVENTION", Of THE CODE OF VRDINANCES OF THE CITY V: DENrON, 1EMAS TO PHOVCDE FOR ADI,0' IUN OF THE AEVUIr£MEN7 S VF 'THE FEDERAL EMERGENCY AANA. EMS Nt AGdNI.'Yt PROVIDING FLA. I 7 r' , AMEND`hE9T3 IH ERE TJt PRU vI DIvG FOR AD 01 T I G Ct, '1 Hk RE:97 2HU?iJlJO F'JR DELETIONS tHEHE"I:t IHVJIJING FOR A.Sl AGM AXOoNT OF y.r'1 i}U.9V k:R i'iD ?P•',I:JI,.O FUA AN EFFEC::lE JAIL. R i:S SY?n.f, 43t.3LahL St3 M3haytt, 4t3tdU LLJL c:.'.4 fiaLL `li 7•: ,.sodltlonb to Lnelr OrulnanCe to 3L dollt "ito m3li4t3a'.:.. homes/moulle nor-,ea in terms or sncnon n(j, 3nu the Jame <lrr.S !ti 1 details that %.0Ce CeyUired of stiCx names. Mora uefinLtions 3n: more oetailed apeciticdtlons for admage had Oeen auaeJ. Hopxins motion, McAdams motion to Adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "are," i Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried ' unanimously. 0. Ina Council considered adoption of an ordinance approving a contract oetween the City of Denton in Deloitte Haskins and Bells for professional service foisting to an evaluation of Flow y Memorial Hospital) and aeclarirg an etfectiVe date. The following otutnance was constdereat NO, 87-045 AN ORDINANCE APPROVING A CONTRACT BETWEEN 'THE LI ft OF DENTON AND OELOITTE HASXINS a SELLS FOR PROFESSIONAL SERVICES RELATING To AN EVALUATION OF PLOW MEMORIAL HOSPITALt AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that the firm woulu have twu t tasks) One 4:uld ae a snort hetm View of the Hospital to give the City a piceurt of "hare this Hospital was ana if an intusion of some { short term money from the County and City would 00 successful in toLonging the operation of the Rospltai, Would in allocation of 220,000 from the City and money from the county provide any useful assistance at that point in time. The second part of the study r5" E e i x I A City of Denton city council minutes March 10, 1987 Page 21 would be a long term view of the Hospital in aatecoining f possibilities of the Hospital, examine various alternatives that that ht Would available and provide the Council with some information be helpful In finding some structu would b to of organization that be euceaseful in allowing plow to operate within the dayauafter the ctolbegin. the recent conversatione within th10 e firm, assurances were given that if given Approval by the city and County, they would be prepared to begin work next Moncay. Two weeks after starting, an oral presentation would be given regarding the short term situation of flo+ they saw it. Within 30 days after starting, a comprehensive report would be given. The coat of the study was $31,000. The ordinance presented authorized the City to enter the agreement, with the City paying up to one-half of the fees asacciated with the study. It had been noted that it was tho sentiment of the County to work with the City In this study. The firm requested that liaison people be appointed form the City and County to brief them about the progress that they were making, The County appointed Judge VIC Burgess ano Commissioner Ruth Taneey as its liaisons. Council Member Ridalesperger stated ttat he was vary impressed with the experience of this fir'a in hospital examinations. He felt that if the county would go along wit'a the etudy, it would be a vary good idea to proceed in that direction. ,t Council Member Alexander stated coat this study would be good not ` for just the City and County but would as hopeful for the people working with toe Hospital as well. It woula De an initial effort to bring a sense of cooperation between the Hospital board, the City ! {i and the County in an etrort to resolve a vorry uttficult problem. ' Council memoer HcAaamj agreed that it w33 an aaaolute aunt, Soy felt that tr,e -)spitdi raj vitty luporcant to the Cit, cf je•ir.,n Gnat tnly .tj a flydt ltdp to 3(.1eif•1 oat co)lu J9 73114 '.t .3l:la,.g Mayor at-pnenj dtite~ m at a repr.~encatlve •OIA J.iloittl# 134:hrs and a4l:j ,9aa z)td firtner 1ntlrmatlon suVUt tna rV'ldn de n:n] 1teT, 1 Ka aJKt, :t toll Cd~ncil 'odu13 ilKe 4) nalr hie JpCate. z I] Mr. Charlie Christie, Deloltte, Haskins ana Sella, stated that th-i Council nag ISKeu Aoout the Hospital issuing conus to help with cr,e hard times It was going through, As A $01 (C) (3), the Hospital could still access the tax exempt Don* market, One requirement would be that the nestory of the Hospital one one tnat was snowing an Without operating profit it would hao toe of very difficult to find a continue oonu at underwriter willing to underwrite the bonds. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdama "aye," Alexanoad "aye," HopKlns "aye," Cotton "aye," Ayer "eye," Soya "aye," and mayor Stephens "aye." Motion carried unanimously. r a, Resolutions t A. The Council Considered approval of a resolution t postponing the regular council meeting of April 7, 1Y87. The following resolution was conaidereal RESOLUTION N06 All-020 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING Of APAIL 7, 19d7t AND PP.OVIDING FOR AN Err6CfIVE DATE, Lloyd Harrell, city manager, stated that the Council meeting nested to be postponed oecauss the Council would ono in Austin on April 7, 1987 taking part in a nton County Day. City of Denton City council minutes March 10, 1987 Page 22 McAdams motion, Alexander second to approve the resolution. On roll call voce, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton j "aye," Ayer "aye," Boyd Maya," and Mayor Stephens "aye." Motion Carried unanimously. 9. The Council considered approval of a resolution temporarily closing fry Street for the annual fry Street Pal[. The following resolution was consideredt RESOLUTION NO. R57-021 A RESOLUTION TEMPORARILY CLOSING PAY STREET BETWEEN THE INTERSECTION 01 OAK STREET AND HICKORY STREET ON SUNDAY, APRIL, 26, 1957[ AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams Second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton Maya," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution on proposed air quality controls lot Denton County. The following resolution was cdnsiderear RESOLUTION NO. R57-u12 ,S A RESOLUTION Of THE CITY Of DENION, TEXAS RELATING 'TO rHE ENVIRONMENTAL PROTECTION AGENCV S PACOOSED AIR r2VALI'IY CONTROLS FOR DEN:ON COUNTY. AND DECLARING AN EFFECTIVE DAIS. Hopkins notion, AlexandeC secona to approve the resolution. On Coll . ' I -:all vote, tiGSJimi "ije," AlexandeC "ale," HOpKin$ "ayu," uorC')f. "Jeer" 37yU "]'yQ," 1:5d :43y)C $Ceyhene "ay"." 10C 1'i i "13cCeC4 from .:a :lty Fiu ndgeC. `rl l Lloyd Jarrell. 'its ,NAAAgar, reporadu the tolloaln; it-amst 6 4. no County Commissioners douid be ndloing at County 71, 190 at 7tu0 p.m, don:afning the EPA meeting un March 01 k situation. They bad made a specific request for an elected official a { to be present at that meeting to represent the City. 11 Representatives fram the Planning Staff would attend, S. Bob Nelson received notice ffom the Corps of Engineers indicating that the otticial deuication and closing of the gates at Lake Ray Roberts would oe June lu, 1587 at 10[00 a.m. 10. There was no official action taken on Executive Session items of legal matters, teal estate, personnel of board appolntments. New ausiness The following items of new business were suggested ey Council ° Members for tuture agendas[ A. Council Member McAdams asked why the City of Denton had no emergency 'oaring sirens. $ne asked tnat staff take another look at the cost, etc, of the warning sirens. B. Council Memoef Aiddlespergst asked about the Junk tat ordinance, Jeff Ney'er, Director of Planning and toning, stated that the draft ordinance was prepared and that staff was waiting for the Council's approvii. j w I!t i City of Denton City Council Minutes match 10, 1987 Page 23 12. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and boars appointments. The following action was takeni A. City representatives for the floe study being done by Deloitte, Haskins a Sells were nominated. McAd~►ms motion, Hopkins second that Mayor Staohens and Council Member Alexander re tesent the City as liaison■ fe: DeloLtue, Haskins a Sells. Motion carries unanimously. With no further business, the meeting was adjourned. RAY STEPHEN SO 0 CITY Of DENTON, TEXAS i JENNIFER WALTERS ACTINO CITY SECRETARY CITY Of DENTON, TEXAS i elf A'. r ly r ~ I II df1 ~y I it 1 , x.r n. ,rife I r F f 1. r V yf 1 ,1 f r ''+i. r ti r ti+~ IJe h fibs, , I r V ! 71 i , ,i.% 7 ~ 057Sk i ! k i i i City council minutes March 17, 1987 The Council convened into the Work Session at 5:30 p.m, in the '%vil Defense Room, PRESENT: Mayor Stephens: Mayor Pro Tom Alford, Council Members Chew, Hopkins, McAdams, and Rlddlesperger ASSENT: Council Member Alexander i 1, The Council held it discussion of a request M llre Of Texas, Inc. for annexation of approximately 75 acres b beeing ng part alked Sthe M. urvey, Forrest Abstract Surveys NO . Abstract No. 11the andpurthe poe l di of W determining whether to begin the annexation process, IA-4S. A-44, A-45, A-46, A-47) David Ellison, Senior Planner, stated that A-43 was a larger i t part of ract than the others. The property would eventually become a buildings Lakeview. vit. eThe 4annexation was only a tract that had voluntary request of the developers, Mayor Stephens asked why the property had not been annexed when the surrounding aces had originally been annexed. Ellison replied that at the time of the original annexation, the developers were still acquiring property, The original annexation contained all the property that the developers owned :C r at that time. This was newly acquired property. tiS r, Consensus of the Council was to continue with the annexation. r 2. The Council received a presentation of responses to Management letter. John 11cCrane, Director of finance, presented the Council with responses to the Deloitte, Haskins and Sells report regarding 'J the City audit, (1) Accounting proceiures for capital leases "j documentation tiles had been prepared. } 12) Fixed assets record - the LCrS Software had been ~a completely installed and the system design would be used in the 84, 1986-87 financial report, ! { ,i,w) 13) Cash appearance bonds - detailed records were being kept and the automated courts oystem would be on-line in time ` for fiscal year 1987-88. ;yy 141 Routine accounting entries - new steps were being taken to figure that all routine accounting entries were recorded. ' of 15) issuance cash receipt books - numtered receipt r books had been Issued to all departments that collect cash a „ receipts. 16) Ad valorem taxes - due to limitations of staff and the at 5. added responsibilities in the tax division, on effort would be made to have two employees open and simultaneously record a log 1 y caf cash receipt records, j e Y (7) State taxes and fees - The Stste, of Texas would not make transfers to cities so that the recommendation to request 1 the state to deposit or wire transfer amounts uirectly into one of the Citys bank accounts could not be complied with. a. city of Denton City Council Minutes Match 11, 1981 Page 1 of cash receipts - a formal written 1 Aem!tr nce funds would be established. g I a a 1 procedure for collection of had 19) Investment Policy - a formal investment policy I been adopted by Council. detailed listing of util two accounts (10) prepare a billing - wo reports each receivable at the end of basis, utility were now done on a monthly was presently 1111 Internal audit function - existingp&tat! appropriate being used to review Proeedllre3 and form cable procedures for uniform app examtnationsand oendnp[actices. accounting Procedures staff was being (12) Budget officer - cutrentlyr existing used for this functions but a new position was being recommended. were being _ procedures (13) Financial reporting Council implemented to [educe the time necessary for moncitynd closer and to provide current information for consideration. (141 Pede[e1 revenue sharing - the oveteight that a public $k r ' notice was not published was corrected. that was a one time }~T'r ? (15} cDBG - minor technicality occurrence. Collins, Director Data processing responses were qi:°n by "'sty " o! Data processing. ' San was G r'eara old. Although He stated that the long range plan a ;.;'rr r1>' the basic plan and the items on the plan were 6 years olds I ~,I asis teview and update o! the plan was done on an changedbeveryob the steering committee. Passwords were being i montbs now Instead of on an annual oasis. aonn lcusnd°bostdi ppointmente• legal mateot~ oueeal estate d Petnto • No official action was taken, t meeting with the Airport ivil Defense room. " " i "r ,r''} ' The Council then convonedm in`n the coin Advisory Board at 6130 p. r' a port Advieosy Hoard convened hw l The Council and the A6a into Executive session to discuss legal metGe[s. No oltSCia1 action was taken. The council then convened into the tegulet meeting At 7r20 P000 4 g in the Council chambers. Kayos Stephenst Mayor pro Tem Alfoed, Council : 11 1% x pRE9ENTt McAdams, and aiddlespergar ,k c Members Chew, Hcpkinst 'takSa ' a + u h99ENT: Council Member Alexander first r Mayor Stephens presented a proclamation for C,mp Incorporated. District Director of camp fire in Denton v BhitleY HenaleYI this week for Camp County thanked tho Council tot declaring lire's birthday. " a r a City of Denton City council minutes March 17, 1987 Pigs 3 Mayor Stephens presented a proclamation for the Community Development Block Grant Program. I Barbara Rose, Community Development Block Grant Program, received the proclamation and stated that several activities were being planned for the NCDA week to increase the awareness of citizens and legislators of the work done by CDBG. 1. The Council considered approval of the minutes of the special call meeting of October 28, 1986, the joint meeting November 3, 1986 with the DISD, and the regular meeting of January 200 1907. Riddlesperger motion, McAdams second to approve the minutes es presented. Motion carried unanimously. 2. The Council considered a request from the Lions Club to solicit funds March 21, 1967 on the following attest corners: Carroll and Hickory, Carroll and Eagle, and Carroll and Congress. Debra Drayovitch, City Attorney, stated that state low •r prohibited o person from standing in the roadway for the purposes of soliciting a ride, contributions, or conducting any business from the occupant of a vehicle. Staff interpreted the ' state law to include both the actual roadway and any medians contained therein. The Code of Ordinances was conflicting. In ' one place it indicated that a person may solicit contributions from a sidewalk cc shoulder of a road with the permission of the City Council which permission would be granted upon a r y" showing of good cause and need. Another place atated that no f one would obstruct a sidewalk. Staff knew definitely that a kQ there was a state statute to reconcile the apparent conflict in the Codo. 7taff was in the procaas of preparing un ordinance but it was not ready at this time. Council Member McAdama asked if someone *ould or could not >a solicit from the curb. Drayovitch stated that with the Council's permission, they may " do so from the curb, contingent on showing good cause and need. Y!~ , lrv w ; Jan Carrington, Denton Lions Club, stated that thin same service was done last year as far as soliciting money in the r V Same areas. No problems or conflicts were reported at that time. They were again coming before the Cou.zcil to reques% permission to solicit money is they het done :.n the past. A - question he was concerned with was the question of the Aodian. t, Were they allowed to get on the median, the center, it not, it would restrict them from collecting money. } Dtayovltnh stated agai, the state law in that it would be within the duties and powers of police oflic,lrs to have the ? " authority to enforce the law. Mayor Stephens stated that the Council was trying to make sure the City was protected within it's liability coverage. The Council would not permit mots then the law petmitted them to authorise. k Drayovitch replied that it was to not only ptntect the City but s! + other people, the Club and the passengers one drivers of othtr i aehiclea. s . 1 City of Denton City council minutes March 17, 1987 Page i Mayor Stephens stated that if the Club had any questions as they worked out details, they would be free to contact the Attorney's office for further clarification. 1 aiddleape[ger motions Chew second to allow the Club to solicit on the mentioned City streets. Motion carried unanimously. 1. Public Hearings A. The Council considered a petition Of Manor Green inc. requesting an amendment to a planned development (PD-65{ and approval of a detailed plan. The property is located on the west side of FM 2181, approximately 1,400 feet south of the intersection of Teasley Lane (FM 2181) and Lillian Miller shown in The the Property tFoulWas lal ler Part Surveyh NoBent 1006. If Subdivision } arkwa. the amendment to the planned development would allow the development of duplexes and zero lot line housing on the Planning sections oningr commission approved recommends approval.) Z-1952. zoning and The Mayor opened the public hearing. Marshall Everet spoke in favor of the petition. He stated that detached requesting rsus amendment to atheir ttached structures on they llow were y ` A t- ~r~ approximately half of their lots. There would be no density A change in the request and no Increase in the number of units. i They had worked with tho people in Southmont to leave the " western boundary as duplexes to their srtisfaction and had worked with the two homeowners in their development to provide .k the same set-backs between the buildings that they originally had planned. They were also requesting that the fencing requirement ue removed from the ordinance. originally a fence was included in the ordinance for the entire subdivision. A solid brick wail mad teen constructed on the eastern boundary which was the entrance to Bent Oak subdivision. That buffered the road from the duplexes but also two office lots were there to buffer the duplexes from the residential areas. The south I property had a heavily wooded teri+in and fencing that woula E delete some of the current view. The western side was fenced by Southmont 80 the north aide adjoined the Sam Houston Elementary School. Several requests were made from people in the area not to lance that atea so that their children could continue to walk through the field to get to school. Mitchell Turner spoke in opposition. He was opposed to the M appearance of the narrow, smell lots. He stated that dropping the fence requirement was a last minute additions just oefore the Planning and zoning Commissions as far as the public was concerned and there was not an adequate amount of time allowed agreee same as it duplexes, he wouldremained rnldewas aashalu luxury If the currently that fences were not needed. But if the changes were approved with the small lots, fencing would be required to screen the 16 acres off from the adjoining developments and the neighborhoods in that pert of town. The change would also create some f neighborhood protection problems. He asked that the Council keep the approved, he zoning that rethey fewas. If the nce requirement remain were that the area would be screened off from the adjoining r r neighborhoods. Also, if it were approved, some basic restrictions would be needed to cover house 6t woultypo of construction and rear garage entry neighborhood protection and also consistency in that development. a S i I City of Denton city 1 March 17, 1987 Council Minutes Page 5 ee Everet was allowed a rebuttal, i Eve ret responded that the fencing inq[het to the Planning and I Zoning request was not a lase Ioriginl petition to the 1eommission. It was inute a Iude6 .ad no been a I at this time. y' Minimum s lnc The Mayor closed the public hearing, Cecile Carson, urban planner office land sae planned ' s Amen! that this was an amendment The am development that allowed and residential endment would allnw duplex and approved duplex lots. Zero residential housing ixonre of duplex the subdivision Staff's option that the com previously other detached would not be affected and patlbilitY in clearly l shed ireeddentlal on adjofnln the tendency to have est abl would net be affectedbY the amendmeht.4 I t ensit would be more ` in favor. Neighbors aeemedreply forms were mailed and density the fence condition. to be in 12 returned requirement Staff recommendedlnt with removal determine the needwithdrswn that the ce aen % for a fence d individual property owners Council Member Riddlesperger asked ' duplexes on zero lot lines, If the buildin4a were t L E o b! Carson replied that 1i residences. they would ' the du There would be a mixture tingle famll Plexes and the zero lot lines, in the neighrardood hof p McAdams motion, Chew second , ordinance Commlasfon,as per the to direct Staff to i ' Motion carried u ditions s the Flannin prepare nanimously, 4 and zoning g ,,t~ S. The request Of council held t. = aPproxlmatelY 80a97eY Road Aasociateeubto[ hannexetien the !f Survey, Abstract acres being part 28 of rings Row 8, and Iocated no[thweat oft James of end west of Perris Road. c°itart ) The Ma (A-e21 loop 28 Br north yor optoed the public hearing, Brier, r yet Burke, Burke Engineerin 4 Resin ;tai zonltated that thiD wasspoke in favor of ks ,a ;ra ! 4 was planned for a voluntar the n the near futurey ennexatfan. o one spoke in opposition. <'ry` The Mayor closed the public David hearing, p Fllison, Senior exlee'~ Planner, stated ;to wael, population ulation or lend uses affected by by the there e in op Three reply forms were mailed was not k none position, on i annexati heerfnq, This would be they lis~eturred in Eevor, k'fi!,^, tir q requlted public F consensus of th process. ! COUnc1I was to proceed with the annexation Consent Agenda p McAdams motion, Hopkina second to r '4 a presented, Motion carried pPrOVe the Consent Agenda as C 1 ii r A ~ ' ~ OJ 1 , 1r it i i City of Denton City Council Minutes Match 17, 1987 I Page 6 Consent Agenda A. Bids and Purchase Orders: I. Bid 19712 - Eagle Drive Sanitary Sewer Line s 2. Bid 19720 - Savannah Trail 8" Water line 3. lid 19721 - Croydon, Imperial, Dotson Streets water lines 4. Bid 19710 - Computer Supplies B. Plate and Replete 1. Consider approval of preliminary and final replat of Lots 5 and 6, Block G, of Section I, Cooper Crossing. (The Planning aid Zoning Comm!"eion recommends approval.) 2. Consider approval of :irsl replat of Lota 1-4, Block 6, of the Nott,.^ide Addition. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary and final plat of the Texas Instruments Addition, Lot 1, Block 1. (The Planning and Zoning j Commission recommends approval.) 5. Ordinances kI A. The Council considered adoption of an ordinance W a:cepttn'1 competitive bide and pruviding for th" award of contracts for the purchase of rsteriale, equipment, supplies or 1 { services. The following ordinance was consideredr ti N0. 87-047 ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A„ARDlNG CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT', 4 SUPPLIES OR SERVICESI PROVIDI1." FOR THE EXPENDITURE OF FUNDS THEREFORE$ AND PROVIDING rOA AN EFFECTIVE DATE. i' McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdam. "aye, Hopkins "aye," Alford "eye Rlddlespetger aye, Chew aye, and Mayor Stephens `aye." ti' r,f motion carried unanimously. B. The council considered adoption of an ordinance 1 it .'x t• accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was consideredr r NO, 87-048 o . AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING 41 FOR THE AWARD OF CONTRACTS FOR PUBLIC WOAAS OR I "IMPROVEMENTS PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. x y a; 5 City of Denton city Council Minutes March 17, 1987 Page 5 McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Alford "aye," Rlddleaperger "aye," Chew "aye," and Mayor Stephens "aye," : Motion carried unanimously. C. The Council considered adoption of an ordinance directing publication of notice of intention to issue City of Denton, Texas, General Obligation Bonds, Series 1987 in the principal amount of $3,500,000. The following ordinance was considered: f 87-049 f + 11 AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS John McGrane, Director of Finance, stated that the City Charter ' required a notice be published 30 days prior to the sale of any ° bonds. This authorized publication intent, one on a national level, one on a wlo alt level. of that RiddIesperger motion, Alford second to adopt the ordinance. On a.E", # roll call vote, McAdams "aye," Hopkins "aye," Alford "aye," t , Rlddleaperger aye, Chew "aye," and Mayor Stephens "aye." Y Motion carried unanimously. a p'1 III D. The Council considered adoption of ordinance 0.E y amending annexation ordinance 85-210 to provide for the correction of an error in the metes aria bounds description of A 4 s` "Tract 2" as described in the ordinance anneaicj a total of h x)a [ apptoxUaately 304.92 acres being past ;f the Durlam Survey, Abstract No. 330, and the M. Forrest Survey, Abstract No. 417, „ Denton county, texas. IA-231 y ru The following ordinance was considered: ` a• f r . L' ar°~, '3 NO. 87-050 M l AN ORDINANCE OF THE CITY OF DENTON, 'TEXAS, AMENDING ANNEAA!'e N ORDINANCE NO. 85-210 TO PROVIDE FOR ":E CORRE,A OF AN ERROR IN THE METES AND BOUNDS 1 Dh$!'. ION OF A PORTION OF THE LAND ANNEXEDI AND +f,~.~<~A PROVIDING FOR AN EFFECTIVE DATE. IA McAdams motion, Hopkins second to adopt the ordinance. On roll > call vote, McAdams "aye," Hopkins "aye," Alford "aye," Rlddleaperger "aye," Chew "aye," and Mayor Stephens "aye." R k~ Motion carried unanimously. F E. The Council considered adoption of an ordinance amending chapter 4 of the Code of Ordinances providing for the r t disposition ar,d handling of vicious animal complaints. yr` a r~ The following ordinance was considered: NO. 87-051 7 AN ORDINANCE OF THE CITY OF DENTON , TEXAS, AMENDING ey Ch%PIER 4 OF THE CODE OF ORDINANCES RELATING TO ANIMALS; AMENDING PROVISIONS RELATING TO THE ` IMPOUNDMENT OF ANIMALS AND THE PAYMENT OF FEES1 J1I~ .I PROVIDING FOR PROCEDURES FOR THE FILING AND INVFSTIQATIO11 OF COMPLAINTS OF ANIMALS ATTACKING OR 1 City of Denton City Council Minutes Match 17, 1987 Page 8 BITING PERSONS OR ANIMALS; PROVIDING FOR IMPOUNDMENT AND DESTRUCTION OF ANIMALS DETERMINED TO BE DANGEROUS A THE MAXIMUM FTER NOTICE AND HEARING; PROVIDING FOR A PENALTY IN AMOUNT OF T HUNDRED FOR VIOLATIO STHEREOF;PROVIDING FOROLA SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Bill Angelo, Director Of Community Services, Stated that the ordinance allowed for impounded animals to be housed at local ! vet's offices. Language had been inserted bf the atto did have rney's that if an order for destruction was issued, the vet to surrender the animal to the City. Penalities imposed if the; failed to do so would be . Fees/payment for housing the animal would be between the owner and the vet, not with the City, Mayor Stephens asked for the names of the committee members. " Angelo replied Mark Wiser, Vicki Christensen, Sam Rainey, Dr. Scott, Noni Kull, and Bill .Angelo. Vera Knopp stated that she aid not know of the meeting two weeks ago and wondered what the new ordinance was all about. Angelo presented a brief outline of the ordinance. r Knopp stated that she was very Pleased with tb: new ordinance and that it had very favorable Colditions co-.Lained within it. Chew motion, Hopkins second to a:,,pt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Alford "aye," Riddlespetger "aye," Chew "ayeand Mayor Stephens "aye." Motion carried unanimously. s 6. Re Solutions A. The Council considered approval of a resolution ,kt,Y approving a contract between the City of Denton and the Texas 7 } Department of Community Aft ira providing funding for the y , Rental Rehabilitation Program in the amount of $100,000. ~ik,a r The following resolution was considered: RESOLUTION N0. A87-013 e A RESOLUTION OF THE CITY OF DENTON, IEKAS, APPROVING A a• CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS TO RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE, r Barbara Ross, Community Development Brock Grant Program, stated that the rental rehabilitation program had recently been reviaed and that seem rd to have generated a lot more interest ' from developers and landlorda. M call cAdams motion, Chew second to approve the resolution. On roll $ Riddlest,``r McAdams "aye, » Hopkins "aye," Alf Ord "aye," Per4 y_,'• Chew aye, and mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution temporarily closing portions of welch, Highland, Avenue C, and 4 ` Mulberry Streets for a NTSU Cycling Club race. E : { 0 i City of Denton City council minutes p March 17, 1997 Page 9 j The following resolution was constdereds p RESOLUTION NO. Re7-021 f} A RESOLUTION TEMPORARILY CLOSING WELCH STREET, HIGHLAND STREET, AVENUE C AND MULBERRY STREET ON SUNDAY, MARCH 29, 19e7, AND DECLARING AN EFFECTIVE DATE. Mayor Stephens asked for a clarification of the exact route. Ken Royal, Coach of the North Texas Cycling Team, stated that a portion of the route would go through the University on a service road behind the English building. Council Member McAdams left the meeting. Hopkins motion, Chew second to approve the resolution. On roll call vote, Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member McAdams returned to the meeting. 7. Miscellaneous matters from the City Manager P' A Rick Svehla, Assistant City Manager, stated that there were no items to be presented. 4 Mayor Stephens stated that a citizen had asked to be heard regarding flow Hospital. Mr. Michael Cewayne Aublcek stated that he was a concerned r' citizen regarding Flow Hospital. He stated that he could raise the tunds necessary to keep Flow open. He had tallied to various people about raising the funds. He could not find any t one who vould authorize his raising the funds needed. r < Mayor Stephens asked bow he would go about raising the funds. Kub_^tk stated that different entities would help raise the } funds. Rubert, Woods and Johnson had set up a fund for any E a ' worthwhi,a community project, the JC's would help, homeowners, p ti and phone solicitation. Council Member McAdams asked if hr. Kubicek had talked with tijf Mike Whitten of the Flow Hospital Board. i Kubicek stated that he had attended the last Boari meeting and w had given them a proposal. No stated that the Board could not say yes or no tecause it was a concern of the City and not of u their own. It was more a City concern since it was a City/County hospital, They could not say yes or no to approve him to go ahead and get the funds necessary for them. . Council Member Riddlesperger stated that since Flow was joint City/County, it would not be right for one to give permission to do that. The joint Board should be the one to authorize such a proceeding. 1 Riddlesperger motion, Alford second to direct staff to prepare a resolution establishing the Hospital Board as the correct ' group to enter into fund raising. Motion carried unanimously. S. There was no official action taken on Executive p Session items of legal matters, real estate, personnel and board appointment. i ' j'{ { .r I City of Denton City Council Minutes March 17, 1987 Page 10 9. New Business No items of new business were suggested by Council Members. 10. The Council did not reconvene into Executive Session. McAdams motion, Hopkins second to adjourn the meeting. Motion carried unanimouely. with no further business, the meeting was adjourned at 8125 p.m. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS jENNIPER WALTERSr ACTING CITY SECRETARY CITY OF DENTON* TEXAS s ty 2615C 1 I, I 5 1 M ' { 1 ~E 9 , r , 1; Ak J l+yl,~ Y 1 tT4 ~i a r y , r~ { t Y+y`f r r ~ ~j ~ 1, I h Ir i 5,r„ f• 1 ' Y > . , 4 ~ vow 'e1 r r fi'b' - I t 1• ji 1 r ! ' 1 r y Y }S V J + 1 Y ..~,r 5 i r . Y y J IN r t CITY COUNCIL MINUTES MARCH 24, 1987 The Council convened into the work session at 513D p.m. in the Civil Defense Room, PRESENTS Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexanoer, chew, Hopkins, McAdams, and Riddlesperger ABSENT: None 1. The Council received a report on Council goals. Lloyd Harrell, City Manager, stated that once the goals had been adopted, workplans were mace on each Council goal. He { felt that there might be gaps on follow-up on the goals. He asked if Council would like an update monthly on the progress of the goals and update the entire uocument every four months. Consensus of the Council was that to follow that procedure. 2. council received an update on the following Council goals: Relations with minorities, Court of Record, and user 1J+ fees. s John McGrane, Director of finance, presented the report on Relations with vincrities. He stated that the committee had 1 g + had good particioation and that they had recommended the committee continue di?cuP^!ng ideas for different programs. II Issues that the committee dealt with were (1) participation of the City in celebration of some special Lays - proposed looking at the feasibility Of establishing a "Heritage Day" which would allow for an annual event for various ethnic groups; (2) move f t - ahead on the new recreation center - LeVt~w time 6ChebUle to, the construction of the Martin Luther King Recreation Center; •'.r. (3) Communication with minorities - survey employees anu target concerns, estau1lsn a "buddy system" for new employees, f,< establish a speaKer's bure3a in the Hlgn School to encourage minority youth to become involvea in City governmentt 14) v examine law enforcement patterns - review anu develop a report on current enforcement patterns in the Police Department; (5) 16) tiM1, examine inorities Board that representation to serve develop various of boards t qualified m ~I aggressive recruitment of minorities - estaolish proceuures for i actively recruiting minorities for the City of Denton; (7) N ! examine City practices dealing with Eispanics - establish procedures to ensure continued fair employment practices with (i Hispanicsr (8) Employee Development Assistance Program - organize a pool of City employees with diverse skills and training to assist other employees in their development process: and (9) continuing relationsnips - establish the task force as a permanent on-going entity. III ) { Ga J Debra Drayovltch, City Attorney, presented the update on the I4 Municipal Court of Record goal. She stated that the issues the committee dealt with were. (1) experiences in other cities - surveying other cities for their input on the Court of Recordt 12) determine costs/revenues - prepare a cost benefit analysis for the Court of Record, computer impact analysis, and operational analysis: (3) pronoting the Court of Record % present statistics to City council and brief legislators on proposed legislation; (4) legislation - compile other cities' legislation, draft legislation, approval of legislation by city Council and submit uraft of legislation to be filed. Council Member Alexander stated that he felt it may be 2 years before this was implemented. I i ~ !f 1 e City of Denton City Council Minutes March 24, 1987 Page 2 t Drayovitch replied yes. John McGrane, Director of finance, stated that the implementation of the Court of Record could be coordinated with the new law enforcement center. Bob Nelson, Director of Utilities, gave the presentation on User Fees. He stated that the committee had produced a document that includeu all the fees throughout the City. The I committee looked at what services were being charged for, what i services were not being charged for and what new services might be offered that could be charged. The committee did not ask the various departments to develop a fee at that time nor did it question the fee, that would be suggested for the next budget year. The committee only looked at the present fee structure and the possibilities for other fee structures in the ti future. 1. The Council held a discussion on the proposed front yard parking ordinance. r" David Ellison, Senior Planner, presented various slides showing vehicles parked in yards. a a, - ~1 A; Mayor Stephens asked SY the cars were driveable. Ellison replied yes, that they were only interested at that g L time in the cars parked in front yards. Council Memh:r Hopkins asked if that was different from junked f} vehicles. Ellison replied yes, that junked vthicles .ere not ariveable while the other vehicles were just being parked in yarus ant were driveaole. He stated tnat toe original oruinance had been l"1 drawn up one and a half years ago for residential property, d Tne ordinance would prohibit parking on lawns anu the parking R area would have to be improved with some type of paving.Tne ! X alder neighborhoods were a problem in tnat there usually wasn't r aaegiate parking for the area. He stated that the ordinance q w' tailed for a designated parking space and not just parking do a;b lawns. He stated that the Council had the option to mate no changes to the existing proposed ordinance, send it to planning { and Zoning and have it back before the Council on April 9: or r refer the proposed ordinance to the Beautification committee for their input. ~r Council Member Hopkins stated that it the proposed ordinance excluded older existing neighborhoods, then it was ridiculous to consider it as it was because it would not be solving anything. ri rr_ Council Member Chew asked what people were to do if they could not park on the street and were then prohibited from parking on their property. Ellison also asked about weekend exceptions and holiday excepptions. He stated that staff felt new language was needed now Sf possiole. w, Council Member Hopkins suggested that the proposed ordinance to sent to the Beautification Committee for input. Ellison stated that in addition to the residential problem, them was also a commercial problem with used car dealers i r parking cars for sale anywhere on their property and not on designated parking areas. { 1, 1 I city of Denton city council minutes ! March 24, 1987 Page 3 i Council Member Riodlesperger stated that he would like to see some minor word.ng changes in the proposed ordinance such as the weekend/holiday exceptions but that he did n.t feel it necessary to turn it over to the Beautification Committee. Council Member Alexander stated that the requirements in both residential and commercial areas should be tightened and that the Beautification Committee should be asked to look at the proposed ordinance and make suggestions. Mayor Stephens stated that it appeared that the consensus of the Council was to refer the proposed ordinance to the i Beautification Committee for its input. 4. The Council convened into Executive Session to discuss legal matters - receive a report and hold a uiscussion on worker's compensation settlement and hold a discussion regarding pending litigation, including Maverick vs. the city ' of Denton and Murray vs. the City of Denton) real estate: l; personnel and board appointments. Not official action was taken. The Council then conveneo into the special call meeting at 7:OU p.m. in the Council Chanbers. PRESENT: Mayor Stephens: Mayor Pro Tel Alforat council ' Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger.% ABSENT: None - Mayor Stephens presented a proclamation for the "come Alive Crusade". Rev. Roger Hollar accepted the proclamation and ' thanked the CourEcil. He stated that he hopeo this effort would , ti„ '`lM1 ^17 help heighten the spiritual awareness of the City. { w 1. 'rne Council receivea a request frun the B03ro of ; Directors of Flow Memorial Hospital for funding. % Charles Linton, Administrator of Flow Hospital, formally requested that the city council consider tunas for Plow Hospital. So far this fiscal year, the Boepitsi hau coat l He requesteo the City to release $250,ODU in funds. Mayor Stephens stateo that tie Council had Dean searching tot % wage to be of assistance to Blow Hospital. He stated that the j +1 Council would like to have some information from Mr. Linton. He had a list of questions complied by the memoera of the Council and would like to ask them of Mr. Linton. s J Linton replied that he would not mind answering the questions. p The following was a list of tae questions: (1) Summarize the factors which have contributed to Plow's ;y? poor financial condition. 3 4 Linton replies that the major two factors at that point was the ~s decrease in the number of patients who had insurance and the X , decrease in the reimbursement received tram Medicaid. r.ounc11 Member McAdams stated that Parkland Hospital has 'r entereo into a suit regarding Meoicaid reimbursement and that the hospitals In Houston were opposing that. Parkland had been underestimating their costs and therefore their reimbursement rate was going to be low, whereas the other hospitals in =i Houston had been doing a better joo and were going to get more money. Where aid Flow Hospital fall into that situation and i did the Hospital not ao a yoou "guesstimate" of what was going ; to happen. , 1 City of Denton City Council Minutes March 24, 1987 Page 1 Linton stated that he was not with the Hospital at the ~.1e the "guesstimates" were made but that there was not a of of difference for flow. The difference between the two plans made a bigger difference to a large hospital like Parkland but did not make that much difference for a hospital the size of Flow. Council Member Alexander asked how much decline there had been in the Medicaid reimbursement effective this fiscal year October 1 to the present - that wouid have been there had the earlier Medicaid reimbursement rate been in place. David Nowiski, Chief Financial Officer, stated that his "guesstimate' would be that Flow was receiving for the first five months of the fiscal year, about $350,000 less in reimbursement than the Hospital would have under the previous program. Alexander aakea if there were comparable figures for Medicare as well. Nowiski stated that there had not been any reduction in Medicare reimbursement from fiscal year 1985-86 to fiscal year 1985-87, however, the increases allowed in the cost of living factor have approximated 1.5 percent where in effect the expenses had risen faster than tha!. (2? YOU did not mention as a factor which has drained the aospital's reserves, any capital expenditures which have been mace in the past couple of years. could you tell us about any major capital purchases Which have had a negative influence on q' the financial condition of the Hospital? Linton statea that the Hospital was currently carrying about $2 million more than last year for capital expenditures that were i, made, host of that was mane through leases anu the lean. rid ' payments were approximately $iO,000/month. is Council Memuer McAdams askeu how that $50,uuO/montn compares co f ` what it was before. l Linton stated that ceLOre the expenditures, tnere had been very little lease payments. r l, t i r McAdams asked what the expenuitures were for - a new computer and the CAr scan or what aaditlonal items. s Linton stated that the other items were hospital oeus, renovations to the Hospital, and a new energy system which the r Hospital received a 50l grant from the Feeeral Government. Council Member Chew asked for the amount of the hospital beds. A Linton stated that 100 beds along with some bedside cabinets were approximately $2,500 per bed. r Council Member McAaams asked if these were replacements with the intent to upgrade or to replace oefective equipment. s Linton statea that he was not with the Hospital at that time. McAdams asked when the purchase was made. Linton sthteu that he would guess in the first pact of 1086. ' j,a i i City of Denton City Council Minutes march 24, 1987 Page 5 Stanley Monroe, City representative to the Flow Hospital Board, stated that the purchase of the beds took place approximately 15-18 months ago. Some needed to be replaced and several recommendations were made to purchase better beds that would be i safer for the patients and not require as much attention from the nurses. (3) It has been reported in the community, that among such major purchases were a CAT scan and a new computer. Could you tell us about these purchases ano the benefits which you nave derived from these major purchases? Linton stated that two CAT scanners had been bought. The first, did not work properly. It was determined that the beat } ' thing to do was to try to take legal action against the firm. The Hospital still needed a cat scanner. Baswd on a feasibility study, it appeared that a second CAT scanner was to the financial benefit of the Hospital. Revenue from the CAT scanner for tr^ month of February, the first tull month of F' operation, was about $45,000. The leases on the two scanners was about $15,000. Mayor Stephens sskea it the case was in litigation regarding the first scanner. ' Linton states that the case had not been tiled yet. information J l was still being gathered. rt Stephens asked when it would be filed. rPro ,w Linton statea he did not know. One of the problems was that it v v,N was an expensive lawsuit in that all of the principals were out lam;,, of the state. Stephens asked now it happeneu that the H,j®pital purcnasea a Scanner that aid not work. , I Linton replied that he was i,ot with the Hospital st that time. `y He stated that the m-chine aid not work ano tnat the company r, had filed Chapter 11. Council Member Hopkins asked for a clarification that the ti a Hospital was still paying on the lease for the original non-working instrument. Linton replied yes. a1 Council Member Hopkins asked why. Linton stated that the machine was leased not from the company that made it, but from a separate entity that had nothing to co i with the company that sold it. If the Hospital did not continue the lease payments, the leasing company would oemano t y; „ the full, amount of the scanner. Council Member Chew asked if the company the Hospital purchased the scanner from was one of the major supplies Of CAT scanners. Linton replied that he old not think it was one of the major supplierx of CAT scannera. Mayor Stephens atatea that in spite o: the very serious y ? situa.ion facing the Hospital, it was still paying on a machine thr.c could not be used ana that nevor worked properly and at ,a the same time, paying for a new machine. He asked if that was good ousinfss practice. City of Denton City Council Minutes Page 6 j Linton stated that he would rather not pay on the first machine but that the recommendation of the Hospital's lawyers, Swanson and Johnson, Dallas. Dave Nowiski stated that one of the reasons that the second CAT scanner was purchased was that under the reimbursement plan for both Medicare and Medicaid, if a patient was in the hospital and required that service, the patient was being transferred AMI for that service and the Hospital was having to pay AMI plus all the transportation charges, under the reimbursement criteria, the Hospital had to provide that service or pay for it to be provided. It was decided that it was better business to provide it by the Hospital. Linton stated that the computer was an IBM System 38. He asked +r Nowiski to respond to the rest of the question. Nowiski stated that the IBM System 38 had a hospital specific software package. The total cost was approximately $1.2 million including installation, hardware and software. the decision to purchase the computer was made prior to the current management team being in place. Mayor Stephens asked what sort of background study went in to determine the need of the Hospital and the type of computer to purchase. Nowiski replied that there was a request for proposal ucne by an auditing firm which the company had met those qualifications. t Council MembeY Alexander asked for the :ash outlay each month on the lease for the computer. rw j Nowiski replied aoout $14,VOU in lease payments tot the softwware and nardware. Much of the installation tees were *d fundea out of cash and hau a current outstanuing balance or q approximately $130,000. y t - Mayor Stephens askeu it the computer naa excess capacity or was it about right for the cperations of the Hospital. ^s i ~ a 3 1yY s ; Nowiski replied that for the current patient census, it was an w, txceas capacity. Mayor Stephens askeu to what extent an excess. Nowiski stated that it was hard to determine but in his opinion t: it was being used between one quarter and one third the capacity. Mayor Stephens stateo that the Hospital co-ila have gotten by with considerably less machine at a considerably less expense. j Nowiski replied that at the current configuration, yes. Stephens asked it Nowiski had looked at the history of the organization, Decking up that time, that things hadn't changed that much. Nowiski stated that there has been a considerable decrease in census. i i City of Denton City Council Minutes March 24, 1967 Page 7 Linton stated that one of the issues with the current census was that the acute care census was down tremendously, Some of those patients had been replaced with alcohol/chemical dependency patients and paychological patients. Those types of patients generate very few charges compared to an acute are patient. Hospital computers were sized on the charge activity. So an alcohol/psych patient would probably require about ine third of the capacity in the computer. f G (4) To your knowledge, was permission sought from either the County of the City prior to making these purchases? Linton replied not to his knowledge but again, he was not with the management team at that time. i E Stanley Monroe stated that he was not under the impression that that was required of the Board. The City had three members of the Board, the County had four. They were suppose to be y'. qualified to conduct the business of the Hospital, The set-up in which the members were appointed and in which the Hospital Board was created, did not require that the members obtain permission from the County or the City. He seemed to get the feeling that the Council did not have very much confidence in the existing Board. Each one of the items that the Council had i been questioning, had been very carefully considered and ji experts in the field, having to do with computers and CAT l r scans, checked out the equipment and made a recommendation to r , the Board. Theretore, when the experts made that recommendation and the Boara had confidence in what they were doing, the Board agreed with tneir findings. Each case that the Council was bringing up was being second guessed oy the Council. Mayor Stephens stateu tnat tnat was dot the intent of the Council. Tney were merely trying t,, get needed information, r t Even though unuer Article 4041, "tile point City/Lounty :A ar Hospital Boirds are autonomous", yet the city Council nad been sent several notices that money was needed and if payment wad made through City tax revenues for health care operation, ne felt the Council needed to 4~r' F yet as mUCh intd[mation as possible. That was the purpose and intent, if the Council hat ~E to raise money fur the hospital by aepriv'.g other programs, it was the Council's obligation and duty to fully informed so that information coulu be passes on to th, puolic. That was the intent of the questions. r, Council Member Riddlesperger stateo that he felt hr. Monroe's point was well taken. The Hospital Board was fully authorized to make the study ano to make the purchases. They aid not have f to ask anyone. They did the beat they could and got the best advice they could. w ,Y (5) You heard the City Manager state two weeks ago that !200,000 could be freed up in this year's budget if the Council " a willing to cancel the summer street program ano not hire the three patrol officers which had been planned. In view of the size of the funding request you have made this evening and in set written communications, how could you effectively use 200,000 to help keep the Hospital 90ir,97 a F Linton replied that any money received at this point would be used to pay vendors, particularly those that provide supplies { and services to the Hospital. The Hospital was on COD with a number of vendors at that point. Only those accounts that hao a direct influence on the Hospital and keeping patient services i were being considerea, t . i t r I City of Denton City Council Minutes March 24, 198' Page 8 (6) How much time would such a $200,000 donation buy us in keeping the Hospital functioning. Linton replied that based on the current census and the current payor mix and all the current factors, probably 40-45 days, The Hospital's loss in the month of February was 4164,000. (7) what is the long term prospect of keeping the Hospital functioning in its current state without substantial operating subsidies from tLe City and/or the County. Linton replied that with the current census end the current payor mix and all the condition that were present, he did not think it possible to have income from patient revenue only. Some money from outside sources was needed based on present census around $150,000/;200,000 per month. (8) Does the Hoard and/or management have the responsibility to insure the balancing of Hospital expenses with income without outside contributions. Linton replied that a numoer of steps had already been taken. The number of FTE's had been reduced to a level that was considered very gooo in the hospital industry. The Hospital ` t was at 3.2 employees per occupied bed as of the last two pa' r 1 developed A which new averaged alcohol/chemical Dut l; aependency program had bet patients per day. All th contracts had been looked at. A number of contract had deep, cancelled and some hale been renegotiated which were .1 existence. Mayor Stephens asked it between now and Octoberl, it hr. Linton foresaw a reduction in the negative cash flow of the Hospital. Linton stated tnat he felt they would continue to cat into it. From January, it was reducea some and some also in February ,,,u March. dut cased on the present services that were provideo, it would not e, to a break even operation, with the present yr'' j payor mix and the number of patients that the Hospital hau, t .y. rce that that would as possible. `r. 0) what steps can the Flow Hoara and Management take to 4 I insure continued operations until a Hospital District vote can k *sp be taken. I Linton stated that the Hospital was managing employees as well r as possible, watching supplies, reviering all contracts that the Hospital had, attracting insurance patients to the Hospital, were admitting only emergency patients who could not self-pay, and collecting funds for patients who were self-pay. He stated that the best way not to have bad debts was not to take in the patients who codla not pay. , Mayor Stephens asked if the Hospital was working with private groups to request doctors to send their patients to flow. Linton stated that the Hospital was seeing some increase out ~i not a ma;or change. s Council Memoer Rioalesperger asxed Linton it ne knew of a r public hospital that did not receive steady, continuous i contributions from taxpayers. Linton stated it do emergency case came in, the Hospital would accept the case. e j i i ) . it i r City of Denton City Council Minutes March 24, 1987 Page 9 going Member Rio01e8perger stated that the he taxpayers Flow was not to be able to e41et unless decided that it was worth it. P°int was that t !0. What arc 1147,000 out etandinour Plans regarding the payment of rendered the C hospital utility Dill tot servicthe es payment o, this y? when could we reallsticall; expect services providedp bst due utility bill and payment For EutuLe Y out utility system? Lintor continueeolied ;hat it was very difficult for the Hospital to the Hospita4ra paid ano utthe bill utility bill at that If meet the COO aid the utility , it would not beolabie to payments for its vendors for supplies, Council Member McAdams stated that the people were wondering how the size of the Hospital debt could that lae and would that continue. She felt that it was that some pasta of the debt geCimportant rto see that would not be reocc d r problem were capital expenditures It Would not have to be donegagain exenditure was there and possibly the continuing anytime in the near future. De mans ed• PIODlem would be something 4 She stated that the management tear, wstry ting could get expenses in order so that the loss would be stemmed S Before any long term solution could be found needed to happen (1) either a tax diatri g n+ In which two things i o ,l{21parove some ct f possSblfunds on a continuing oasis for the Hospital e increase next fiscal year in the city and t i CCoountyouoget• 'that was a long way off and there wou10 still period of time when soya outside EunOing would be ieede0, Some kind of fund raising citizens wanted the ids v Lure needr0 to be done it cne simply not there to despite he `~spstay ital gen. The money was unwillingness to hel g• Tnere was no p nor there. =5 support was clearly there. a It cwe_ofthepuort f rtrat w oecaise ' TO make ends meet to the point whore the Hospital was -C4,d now ano th,! point vhich the 7 : l relief, a point where the citizensa woultll se °seibte r-, get sane r w11ltn w.+re t , g to Pa9 some more to have they Hospital ykeehat ~+r v would ehcou[a a the management when g suggestions and p goin3• She 1+ L recommendations to the Board about the baslstto that fund raising would b to Yl operation of the dollars would be found, e utilized on a Short term fill in the gap between now ano the time some tax ' y Linton stated that that area was one that was being looker at and that he thought some services were being l at in that ( - light, Some services taaeributione to the pitch could r ooked ep re lent the basis for r in all the decielos o As a final comment, he Stated of queetione and was very cones oue oand,ei le n ked at as lo ' made were made with the thought the aecis the the Hospital. that it would be the oeet for pr Msyor Stephens states that the Counl 1;t L Board would work out a solution withcthewllmihoping that the r, t the hatCthe Boatdulwouldsupport during this budget ted amount that use ever thin year. He r,cpeo income and outgo so as to key y g p°eslbte to balance the ;i } interim period. He asked p the Hospital moral support. Linton to convey the Council's full z are How much of the current and what i are you doing to collect it. cefteit is bad debts A+ { I b p 5 f City of Denton city council Minute; t Match 24, 1987 0 Page 10 Nowiski stated that the bad debts excluding indigent care was about $250,000-$30D,000 per month. Very stringent collection policies were being used and some inroads and improved collection process had been seem, However, the self-pay ratio was declining. The key was to eliminate the bad debts before they occurred. It was very difficult for people not classified as indigent under the Federal guidelines but who medically were indigent and unable to pay, Council McAaams stated that bad dente included some people whose income was ouch that although they were not Indigent, they could not reasonably be expected to pay a large bill no matter how strongly they were approached. Nowiski replied yes. The problem was not Indigent care. Indigent care at Flow was less than St. The problem was those people who do not qualify as being inotgent by Federal guidelines but for whatever choice, do not pay the bill. It was his opinion, that many of tnose people did not have the means to pay the bill. Cou,^cil Member Rfadlesperger stated tha: tie felt that was the key problem. It was time for Denton to stop trying to find someone to olame for the problem ana to move forward to answer the problem to keep Flow going. H+, believed the answer may be " in a hospital district. ti e t + Nowiski stated that one the collection policies and procedures was to ag;,essively go after everyone it coulu. The accounts were turnea over to a collection agency, caa credit was ds if reported to a credit agency. The recoveries were $I and the f industry average was 18%. So .nen the professional agencies I! i " n were only sole to secure 59 recoveries, he felt that tnat I!II } of showed where the problem was. The money was not out there. t' rti f+3 U Council Member McAasms stateu that one of the oiq questions for l I Denton was for the people working at minimum wage, with part-time joti, ana other lobs with ro benefits such as F insurance, ..hetner the City ana County hau some group 7 k }F responsibility to insure that those people had some sort of "iVE y minimal health care. Ana, if so, the people had be to willing t ; ,r p pay for that care for those people who could not pay 1% r y F, for it themselves. In oraer to ud that, the people neeued to t have the opportunity to vote for a hospital district through € the commissioners Court. g 14 Council Member Chew thanked Mr. Linton for coming to the t meeting and for sharing the information. He stated that the 4yh j questions asked were not to point a finger at anyone. Tney were for information, the public neeaeu to know where the problem was. It neeced to be pointer out that it was bad debt e r and not indigent care. No one on the Cuuncil wanted Flow to fail but everyone neeaeu to be pruoent in judgment and do the things that could as done within the limits of the law. As a '1Y r public body, there were some things that could not be done. had not had anyone call hibi He yet and state that they were < willing to have tnrlY lazed increased to save Flow, ' Mayor Stephens thanked Mr. Linton, Mr. Nowiski and Mr. Monroe for coming to the Council meeting, He pr.nted out that the Council was seeking additional information for the public and yip for thtmselvec. Only the Flow Hospital Board had the authority and responsibility to take the necessary steps to balance ti available revenue with erpanaitures. He wished the Board good 'w luck in doing that. Only the County could call an election for r i , 1 i- r. {r City of Denton City Council Minutes t March 24, 1987 it Page 11 a hospital district and that would not be for some time. All ThesCouncilswasdwabeen itingexon explored the for finding mfr m Daloitte, Haskins and Sella to determine what money, if any, would be given for Plow. a 2. The Council received a request from the Shriners to solicit funds from varloua city streets May I and 2, 1987. Jim Render, President of Denton County Shrine Club, stated that each year the Shrines collected on one Saturday. Their intent was to collect money for the Shriners Hospital in Galveston and Houston. The streets would be collected on only on Saturday, May 2. The specific areas would be University on Carroll, Loop 2 the 88 at Lillian S. Miller, Loop 208 and Colorado. He realized working would beiwea wearing distinctive tclothingto Thbut the ey would people be working on private property at area banks ana shopping centers. Hopkins motio-i, McAdams second to grant the request for the streets requested. Motion carried unanimously. 3. Ordinances z'w ,j A. The Council considered adoption of an ordinance 'N1 entering into agreement with William Rigg Company for the purpose of insurance and broker services. + The following orainance was considered: NO. 0-052 . yYl ^y AN ORDINANCE ACCEPTING THE PROPOSAL OF WILLIAM RIGG CO, FOR FIRE AND EXTENDED INSURANCE COVERAGE FOR Tie J CIWS i'0'wER PLANT= AUTHORIZING rdE EXPENDITURE OF ' of FUNDS THER3FORj AND DECLARING AN EFFECTIVE DATE. ` Hart=,n Jefterson, Risk Manager, stated that this was insurance for the power p ant. present insurance woulo expire on Apr..1 2, IV87. McAdams motion, Chew second to adopt the ordinance. On roll ' S call vo^e, McAdams "aye," Alexander "aye," Hopkins "aye," idf~ era r.',' Alford aye, Riaulesperger "fye," Cher "aye," and Mayor t i Stephens "aye." Motion carried unanimously. IA, , ! F The Council considered adoption 0t an ordinance f E _ amending Ordinance No, 87-028 to provide for an amended W3 ■nd "y "+5 W3A water rate schedults, and providing for an effective date. The following ordinance was consideredi rr ' NO. 87-053 1, F Ok AN ORDINANCE AMENDING ORDINANCE NO. 87-028 TO PROVIDE FOR AMENDED W3 AND W3A WATER RATE SCHEDULES, AND PROVIDING FOR AN EFFECTIVE DATE. ;r Bob Nelson, Director of utilities, stated that the water rate Y ordinance w-s for the wholesale customers. Specifically, W-3 was for the City of Corinth. W3A was for all the customers 4 s 1 under contract since June, 1966. The rates were recommenced by the recent rate consultants, i t^ r. ' ti 1 ~ h. , t } City of Denton City Council Minutes March 24, 1987 Page 12 McAdams motion, Hopkins 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. C. Item C. was pulled by staff. D. The Council considered adoption of an ordinance repealing Ordinance No. 83-1401 providing for the creation of a nev planned development district for 16.6 acres of land located on tha west Side of FM 2141, approximately 1,000 feet youth of the intersection of FM 2161 and Lillian Miller Parkway, and providing for the adoption of a detailed plan for 15.4 acres of the district. (f-1652 - PD-65) The following ordinance was considered: NO. 87-054 ?y AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO. 83-1401 PROVIDING FOR THE CREATION OF A NEW PLANNED DEVELOP- MENT DISTRICT FOR 16.b ACRES OF st' ' LAND LOCATED ON THE WEST SIDE JF F.M. 2181, APPROXIMATELY 1,000 FEET SOUTH OF THE INTERSECTION OF P.M. 2161 AND LILLIAN MILLER PARXWAYI PROVIDING FOR THE ADOPTION OF A DETAILED PLAN FOR 15.4 ACRES OF THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.UO FOR VIOLATIONS THFREOFI AND 'S PROVIDING FOA AN EFFECTIVE DATE. t Ridalesperger motion, McAdams secono to adopt the ordinance. rd vts:a On roll call vote, McAdams "aye," Alexander "aye," Hopkins rt "aye," Alford "aye," Rr~dlesperger "aye," Chew "aye," ana hayor ' e Stephens aye. Motion carried unanimously. ry` E. Tne Council consiaereu adoption of an ordinance f 1 approving an interlocal agreement Between the City of Denton r and Denton County relative to the holding and disposition of animals from the unincorporated areas of Denton County. The following oruinance was considered: rt~ `•i d NO, 0-05S AN ORDINANCE APPR^VING AN INTERLOCAL AGREEMENT 8ETwEEN P' THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DUGS AND CATS; AND y DECLARING AN EFFECTIVE DATE. Bill Angelo, Director of Community Services, stateu that all cities and entities in Denton County were notified that the City of Denton would no longer continue to accept animals at the Animal Control Center without some type of contract whereby t'`'tit r< those entities would pay for holding and disposing of the s~ animals. Only Denton County had chosen to follow through with. A a contract. ' •.j McAdams motion, Altore second to adopt the ordinance, On roll y lc( cal] vote, McAdams "aye," Alexander "aye," hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens aye." Motion carried unanimously. . 4 're t c~ j r' r Y 1 I. V K City of Denton City Council Minutes March 24, 1987 Page 13 4• Resolutions A. Couil supporting theheFlownCMemorialidHO pitalroBoardf of rDirectors authority to receive donations for the hospital. The following resolution was consideredt .Y RESOLUTION NO, R137-025 A RESOLUTION SUPPORTING THE FLOW MEMORIAL HOSPITAL ' BOARD OF DIRECTORS' AUTHORITY TO RECEIVE DONATIONS FOR THE HOSPITALI AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Alford second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford :aye," Aidulesperger "aye," Chew "aye," and Mayor ' Stephens aye, Motion carried unanimously. 5. Miscellaneous matters tram the City Manager Lloyd Harrell, City Manager, presented the following items: s a A. An invitation was extended to the city Council to ' attend the swearing-in ceremony of the new Post Master at 3 i P.M. the tollowing day in front of the Post Office. ~.r r Mayor Stephens stated that he had receives an invitation for a4 ? the Council to atteno the livestock Auction-Show and Sale at the fairgrounds on Saturday. fry 6. There was no officl~l action taken on executive 4 Session items of legal matters, real estate, personnel or board 'a' appointments. J+I !I 7. New business I ' s No items of new business were suggested by the Council Members. III 8• The Council reconvened in the Executive Session to fN}r ' discuss legal matters, real estate, personnel and ooato i appointments. No official action was taken. With no further business, the meeting was adjourned. < F . r 1 FLtY STGPHENS, MAYOR 4 3i } CITY OF DENTON# TEXAS i~it 4d 6; r p ~tY ,~l 4 JENNIFER WALTE ACTING CITY SECRETARY y CITY OF DENTON, tEXAS 'gii- 4,J; y l~ 10 yr A T I t 7: A far i RESOLUTION IN APPRECIATION OF "CHIEF HUGH LYNCH" WHEREAS, after serving as a patrol officer for the City from 1953 to 19660 as captain of patrol from 1967 to 1969, as captain of the Criminal Investigation Division of the Police Department from 1969 until 1980 when he became acting chief, and as Police Chief for the City of Denton since 1981, Chief Hugh Lynch has resigned; and WHEREAS, during his tenure with the City, Chief Lynch has been a member of the International Association of Police Chiefs, of the Texas Police Ass0:Iation, of the Texas ' Law Enforcement Intelligence Units Association, of ' the North Texas Police Chiefs Association, and of the Denton County Police Chiefs Association; and WHEREAS, Chief Lynch's dedication to his profession and the $.j community is evidenced by his implementation of the crime prevention program, the training program, `J traffic department, take-home car policy and the new tactical unit; and fIJ !1 4.. WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Chief Hugh Lynch and wish to recognize same; rd. WHEREAS, Hugh Lynch has always served above and beyond the efficient discharge of his duties in promoting the ' welfare and prosperity of the City, and has earned 1(4i the full respect of his fellow employees, colleagues and citizens of Denton; .t NOW, THEREFORE, BE IT RESOLVED: ,d that the sincere and warm appreciation of Hugh Lynch felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent sl~rY's manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation. f~ ~Y {w f Y 4 i PASSED AND APPROVED this the 21st day of April, 1987. A EP , RAYOR + t _T 11 L E MADAMS RANDALL S. BOYD ROBERT OR' HUGH ER 40 "i I R. ALEXA D R JANE HOP INS ATTEST: APPROVED AS TO LEGAL FORM: Ut m , JENNIFER f 5 WALTERS R CITY SECRETARY CITY ATTORNEY k J i. Y 4 e ~ ' yy} . jJ'R V^ 1 ,1 r ' ~jY r~ , ,I la i 1 r, 1 . k IA- CITYo/ DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8100 May 5, 1986 Paul Reed, Acting Chief Denton Fire Department 217 West McKinneqq Denton, TX 76201 Dear Chief Reed At 0100 Hours on Saturday, May 3, a motor vehicle accident occurred on Interstate 35 in front of Fire Station ¢3, Paramedic Mike Sessions witnessed the accident, and after alerting the rest of the crew, pro- ceeded on foot to the scene.` The wrecked vehicle became involved in fire almost immediately upon impact. When mike arrived at the he discovered an unconscious victim in the scene, vehicle. With little regard for his own safety, Mike ;`J pulled the woman from the.burnin vehicle, thus saving qq' , her from` further injury or possible death, 44 I feel that this act should be acknowledged, and 1 wish to commend Mike Sessions for a life-saving act under risk of personal injury to himself.. F~ Siyncce~re/ly ur r J M 1 + Y :Mike Taylor Station 43 Captain, Copies: Chief Howard „Chief Dolgener Driver/Paramedic Mike Sessions 3 0.:1,c~f: k 1. c t Fire Department Awards Program I+ e R Medal o_ _f Honor The Medal of Honor Is the highest honor awarded by the Denton Fire Department. It will be awarded only to those Denton Firefighters who have exhibited an act or acts of conspicuous bravery, far above and beyond the call of duty, in which grave personal harm is all but imminent. The act would be beyond the realm of routine fire suppression activity and would, typically, be during an attempt to s save a human life. The full board must consider the nomination and a unanimous vote of the board Is required for approval. I r, Medal of 1!12t d The Medal of Valor is the second highest honor awarded by the Denton Fire De- partment. It will be awarded only to those Denton Firefighters who have exhibit- ed an act or acts of conspicuous bravery above and beyond the call of duty, In which grave personal harm is a very apparent possibility. The act would be be- yond the realm of routine fire suppression activity and would, typically, be dur- Ing an attempt to save a human life. Distinguished Service Award The Distinguished Service Award Is to recognize those firefighters who have ten- } :`4 sistently maintained a high level of performance in their assigned duties. The + c:`• recipients of this award will be those easily recognizable as top performers who e have set exemplary standards of performance In their areas of responsibility for extended periods of time. A A r 5 Meritorious Service Award 11 V t 1 - The Meritorious Service Award is to recognise outstanding performance that is of , 1;j exceptional benefit to the Fire Department. The performance recognized will be beyond that normally expected or required of a particular position. The perform- +1 j ante of ones routine duties at a high levitl will not be considered sufficient to receive the award, x l r,wr ,t 1 M A An !e 00 of r. J Fire Chief j Denton Fire Department Approved 03-04-87 psi A rAPh 848 1 jD) ryofDENTON,TKXAS MUNICIPAL BUILDING / DENTON, TfX / TELEANON,EV1715664200 t f April 8, 1987 Mr. Mack McIntyre 3905 Winston ` Denton, Texas 76201 RE: Account ,60-0180-2 t Dear Mr. Mc.nc;re: It is my understanding that in order to attempt resolution of the ' i problem associated with your utility bill that you have requested an appearance before the City Council on April 21, 1987. In the event that you desire any additioral information be furnished to you for this purpose, please feel free to contact my office. With regard to the current due date of your deferred billing agreement, this due date has been extended until such time that you have had the opportunity to appear before City Council. Also, y + please be advised that no action on the past due amount will be , taken until Council's review. X Again we appreciate your patience in this matter and understand your Intention to exercise your alternatives. f f*`' Sincerely, John F, McGrane Director of Finance JFMcG:af ,et 2387F C i f, ;i E r I MY of DINrON, rEXAa MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: Ap:11 15, 1987 I , TO: John McGrane, Executive Director for Finance FROM: Mark L. McDaniel, Administrative Assistant SUBJECT: McIntyre, E H 3905 Winston Acct! 360-108-2 The following is provided as documentation for your information. The above customer is scheduled to appear before the City Council on April v 21, 1987" i- 08/01/85 Mclntyre's services initiated. t r As previous customer, the First State Bank requested water and electric services only. The sewer and solid waste was deactivated on the account. When E. H. McIntyre requested service, we failed to reinstate these services. Therefore, Mr. McIntyre received sewer and solid waste service but was billed for electric and water only. 03/16/81 Mrs. McIntyre came to our office to request trash hags be- qty rrt cause the message was not on her bill. At this time we w,y-0 reviewed the account and found that the account was not being billed for sewer and solid waste services. Mrs. McIntyre verified that she was receiving these services. , f7a' 03/25/87 We activated these services so they would bill in the future ° ' and backbiiled for the period the customer had received the service but had not been billed (19 months). We sent Mr. ' McIntyre a letter and an itemization explaining these charges and offered a payment extension of 19 months to „ assist him with any hardship this may have caused. 4 04/08/87 Mr. McIntyre contacted Councilmember Hopkins and requested an audience with the City Council to have the backbilling charges waived. Mr. McIntyre is scheduled to appear at ` the regularly scheduled Council meeting on Tuesday, April F a- 21, 1987. The actions which led to this type of situation in 1984 and 1985 are no longer in use as procedures, In addition to current monitoring and verification procedures already in place, a proceeure has now been developed to monitor all new accounts upon first billing to further en- sure thn correct services are being billed. r ,HrIV1 ,a ~.1 PAGE TWO John McGrane April 15, 1987 It is unfortunate that the error occurred and a backbilling is necessary, but this is a part of our continuing effort to "clean-up" and improve our billing processes. We have offered thecustomer it the same amount of time (L9 months) to pay the backbilling took us to bill him for the services received during this period. 1 Pursuant to Opinion No. 312 (1981) of the City of Dentont "The City may legally refigure a customer's bill and collect for I electric consumption left off a prior billing or bills through a mistake or error of a city employee." , a Further, Section 12.02 of the Denton Code states: "The utilities shall provide no free services." Effective 1983 the City adopted a policy in accordance with PUC Substantive Rules [Section 23.45 (f)) and the above regarding backbilling. Backbilling may be set up to the amount the customer was underbilled. S It is my understanding that the City Attorney is preparing informa- tion relative to this matter for the City Manager. Please advise ' i if I can provide any procedural clarification regarding billing. 1, 1 r, F ? i+. 4 , Mar He ante .t , a td 4 Attachments r MH/cd xct Lloyd Harrell, City Manager n s Debra Dcayovitch, City Attorney W 7 A , ti~0 dJ ~ t t 1 r x 3 z' wS ~ ~ ~ X y Y e y' ~ t 6 Y ~ ' ` w.nYb rev., . .'y. a.. ,i 1 t yj f~ i C V11 0111 4 1111'K1 01VIslax OPERATIONS POLICY MANUAL S%iLlcr. AaraRENC! ACCOUNT BILLING/RECORD CORRECTION Hua1sIR: 65,07 ..ter rITLA: 11111fICTIV1 0AT$. rA41 Or BILLING ADJUSTMENT FOR CLERICAL OR METER ERROR 01125/83 1 1 I F TEMENT: is found not to register for any period, or because of clerical 4.' units are not billed correctly, the utility (City of Denton pUtilities) shall make a charge or refund for units used, but not metered or billed accurately, for a period not to exceed two (2) years. In the event of meter error or malfunction, billing will be based on amounts used under similar conditions during periods preceed- i= x ing or corresponding to periods of previous years. Where no previous usage history exists, consumption may be estimated on the basis of usage for like customers and under similar conditions, ,t } Irk ] L y S 1~-ff 1 A 9y ~y 14~ 1 YK ~ ~1 rs . S 1 4 ~n 1 1 a M1; i~ \ F i Legal Opinion: West Penn Power Company v_ Nationwide Mutual Insurance Company (ix) any conversions from meter reading units to balling units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill; Jx} the gallonage used in determining sewer usage; and xi) the information required in clauses (i)-(x) of this subparagraph shall be arranged s,) es to allow the customer to readily compute his bill with a copy of the applicable rate schedule which shall be mailed on request to the customer. (f) Overbilling and underbilling. If billings for utility service are found to differ from the utility's lawful rates for the services being purchased by the customer, or if the utility fails to bill the customer for such service, a billing adjustment shall be calculated by the utility. If the } customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If the customer was undercharged, the utility may backbill 3 the customer for the amount which was underbilied. The backbilling is not to exceed six months unless the utility can produce records to identify and j justify the additional amount of backbiliing or unless such undercharge is a result of meter tampering, bypass, or diversion by the customer as defined in Section 23.47(f) of this title (relating to Meters). However, the utility may not disconnect service if the customer fails to pay charges arising from an underbilling more than six months prior to the date the utility initially notified the customer of the amount or the undercharge and the total additional amount due unless such uncercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in Section 23.41(f) of this title (relating to Meters). If the underbilling is $25 or more, the utility shall offer to such customer a deferred payment plan option for the same length of time as that of the underbilling. In cases of meter tampering, bypass, or diversion, a utility may, but is not required to, offer a customer a deferred payment plan. I (g) Estimated bills. When there is good reason for doing so, an electric, water, or sewer utility may submit estimated bills provided that an cctual meter reading is taken every six months. In months where the meter reader is unable to gain access to the premises to read the meter on reglular meter reading trips, or in months where meters are not read, the utility must provide the customer iA th a postcard and request the customer to read the meter and return the r :rd to the utility. If such postcard is not received by j the utility In time fur billing, the utility may estimate meter reading and i j render bill accordingly. , I (h) Disputed bills. (1) In the event of a dispute between t;us.-mx~• and a utility regarding any bill for utility service, the er,lity si.tl forthwith nake such investigation as !,hall be required 1 he particular case, and report the results thereof to the custom:r nd, in the event the dispute is not resolved, shail infcrm the customer of the complaint procedures of the armii ssion. (2) Notwithstanding any other set clon of these rules, the customer, except custc4ners of telephone utilities, shall not be required to pay the i dispi.ted portion of the bill which exceeds the amount of that customer's ` average monthly usage at current rates pending the complRtion of the determination of the dispute, but in no event more than 60 days. For purposes of this rule only, the customer's average monthly usage at current 45 S i i 1 i t CITY OF DENTON OPINION i DATE: March 13, 1401 TO: William McNary, Director of Finance ` Robert Nelson, Director of Utilities Chris Hartung, City Manager FROM: C. J. Taylor, Jr., City Attorney SUBJECT: OPINION NO. 312 Collection of charges for electrical or water consumption left off of prior billings because of an error or mistake by a City employee or because of a defective meter. You have asked whether or not the City may refigure a customer'3 account for electrical consumption which was not z" previously billed and col'.,ect these back charges. It is my unmderstanding that the error was caused by an incorrect 4 marking of the meter reading card, and that for several months no electrical consumption was shown on the bill rind on some bills only a minimum charge for electrical consumption was shown. The customer has heretofore paid each monthly billing as it was mailed to the customer by the City. Your office has refigured the monthly billing with the correct electrical consumption shown. The bill for prior consumption not heretofore billed is 51,191.19. The great weight of authority in the United States is that a city or any utility company may correct errors In prior billings and collect from the customer the difference between ' r the amount billed on prior bills and the amount that should have been billed by the city or the utility company. Hest Penn ' y Power ComR~~an_y v. Nationwide Mutual Insurance eCom~an~,"2Z8 A,Z 'ZT~9~; Super ; non ec r c o. v Pan~~e~~pi--nnt-t-o-, 293 N.B. 2d 156, 9 111. App. ,,r ; nols -loxeo. v. Champaign Asphalt Co., 310 N.B. 2d 463; non ectr i Li Et c a t 8 'Power o. v urca ~S_upQlY Co. g 999M 81f~;12• o. APP. 031; eA1T-gg ly County L gI o an v. Thomas, 31 Pa. Super 102. A copy of the opinion in West Penn Power Company v. Nationwide art Mutual Insurance _Company is attached. 0 r ' i CONCLUSION The City may legally refigure a customer's bill and collect for electrical consumption left off a prior bill or bills through a mistake or error of a city employee. P 'y1 1 U, J. CJTJA. •er Attachment t °j 5 a K; ' i .Y = M1 i r , ~ 1 r k, 1 ka,t r rN 1 , e 6 Y ,r d ;l" S rr, A e wq~ e Ada" i ' ~ . ' y`= >t ` "d t • M 1 iA A" LF y'4~ } h II a .r 7f I~ 1QI~, 1 r~ !R~ CITY of DENTON DENTON; TEXAS "901 April 15, 1987 TO: Mayor and Members of City Council k 4, FROM: Victor Schneider, Tax Technician THRU: W. Jay Anderson, Controller SUBJECT: Approval of tax refund for Denton County Title k RECOMMENDATION: a 1 I FI \r•, Tax technician recommends that tax refund be issued. < fP "A t 1r r~, SUMMARY: 41 Chapter 31, Section 31.11 of the Texas Property Tax Code '4+ r #3 y requires the approval of the governing body of the tax- u. ing unit for refunds in e,:Aess of $500.00. Denton County ' Title Company is requesting a refund of $512.17 overpay- ' 'A.' ment of 1986 tax account 8480-00900 in the name of Billy Martin. 4 e AACKOROUND: Denton County Title Company paid 1986 taxes for Mr. Martin •-',r, on December 31, 1986 at the time of closing the sale of his property. Mr. Martin's mortgage company also paid • {r?• 7`' these taxes on December 31, 1986. Our records indicate a - total of $1,024.34 was paid against a tax base of $512.17. FISCAL IMPACT: $512.17 to be refunded. Respectfully submitted, t r y, r J Victor hnei ed' r 3`. Tax~echnician ay arson Controll VS' OD: gd Y ~Y~ I( 3 1 r r~aa;a', r , • y r 3, , r y Sal. Prop" Tog Board APPLICATION FOR TAX REFUND Ralvnd Appllcallon 31.11(1113) Collecting Office Name: City of Denton Tax office Collecting Tax For: City of Denton I, (Taxing nits) 215 E. McKinney Denton, Texas 76201 Address City, State, Zip Code • w - r - Y w w In order to apply for a tax refund, the following information must be provided by the taxpayer, IDENTIFICATION OF PROPERTY OWNER: Name:D2111190 Cgjn&y Title/for Billy Martin Address: -400 S. Carroll Blvd. T' Telephone Number (If additional information is needed): 5AA- 7 A IDENTIFICATION OF PROPERTY: DescrlptlonolProperty:K4.rth Uniyort;jty ptstnp Rlnnk IS, int 13, 1444nAQ , Address or Location of Property. 2016 EQrdham _ Account Number of Property: 8480-009000 or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: i Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund r1 Is Requested Is Requested Tax Payment Taxes Paid Requested , $ @3 2. s 7 S 612 17 1city-o Denton 19 RS 12-31-- / 19 .@.a ' M ACity of Denton 19 86 12_31- / 19.6B- S 512.17 $ 1 3.. 19 /19~ S $ I F 1 1. f, Taxpayer's reason for refund (attach supporting documentation): DU21 ieat nayments by morraag_- company and then again by title company when pronerty snld in DPePmharr L _ I , t` 3(188. "I hereby apply for the refund of the above-0eseribed taxes and certiy that the Information I have given on this form Is tr~Cx,k and correct" r Q ~_-I'1- April 13 1987 Signs urs O Date of Application for Tax Refund - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DETERMINATION FOR TAX REFUND: --Approval Disapproval Signature of Authorized Officer Date a f p q. ' Siggnature of Presiding Officer(s) of Taxing Data k Unit(s) for refund applications over S500 Any person who makes 0alseentry upon theforegoingrecerdshallbesubloclleone oflhefollowingpenalties; 1, Impdeonmenlof not more than If years nor }sea than ! years and/or a One of not men than $6,000 or both such Ana, and ti t * Imprisonment; Z, confinement in )ell for a term up lo 1 year or a fine not to exceed 12,000 or both such fine andlmprisonmentse sell forth In Section 37.10, Penal Code, " xt►ur+o fie 4 ' 30 COLLECTIONS s ~1 S' . r t• i , r L 3 R - - - - - - - - - - - - - I;~TC CHECK N2 6856 DENTCN COUNTY TITLE COMPANY 4006 CARROLL-P.e.S0XZW6 META04m•211E ~,7t~' DEHTW3TEn ?VQ nn>}~j 1t1F.k.D t/~.~; 17 DOLLARS PAY _ TO TMC I ~ ~o~Di~ 12/3186 CITY OF D£NTON TAX OFFICE (512.17 DLTr { E TON COUNTY "T E COMPANY DCT 86-1373-DI Lot 131 Block 15, North Universi Placer Denton, TX ~I{ Martin to Lin 9~ I~ooaao s 09MM1At0, !~6 -re-x" 4-olp-tvi 2: w08u •319 a L 6u' Fig 41006856M' 1: 1q 2398 • Yv ~ 'I ell r I,' A q,'q I r l+ t j. w yye, Yr tR•j " fit. • r ' Y. y I M l• r sa " ~I,i ,'.9 gJi r,y `d~ ' ~ J' i~ el f r 14 hT. J r t, % 2 q r. 1"i ! CITY o! D~NTON DsNTON, TNXAS 7090 1 j April 13, 1987 TO: Mayor and Members of City Council FROM: Victor Schneider, Tax Technician ' THRU: W. Jay Anderson, Controller SUBJECT: Approval of Tax Refund for First Texas Savings RECOMMENDATION: Tax Technician recommends that tax refund be issued. r SUMMARY: t ' ,4 Chapert 31, Section 31.11 of the Texas Property Tax Code requires the approval of the governing body of thn tax- ing unit for refunds in excess of $500.00. First Texas r` Savings Association is requesting a refund of duplicate payments made on account 7410-00100 for tax year 1986 t in the name of Max W. Wells. BACKGROUND: Duplicate payments were made by First Texas Savings for ;t tax year 1985. Our records indicate a total of $20239.16 " was paid against a tax base of $1,119.58. FISCAL IMPACT: $1,119.58 to be refunded. Respectfully submitted, 4,1 Victor Schneider Ta Technician W. Jay ersOn TT~J4 7 Controll r . % VS:GD:gd .r i % Yl 3 . 'ill 4 ,i 4 r, . F. 'i '""IRf Fi P.O. 60r 1119 Houalor, Tau 7720-4419 (7131 V24117 Mortgage Banking Group Febniary 200 1987 f ; a Denton City Tax Offioo 215 E. McKinney ; Denton, Texas 76201 r. ^ fiEs Loan NO.s 30-99-10-18339 r, 30-99-10-24888 Custararl MAX W. WMW Acoauit No.s 741000100 r Ladies: y in November of 1985 First Texas Savings Association made duplicate payment on, the above tax aoo=it nunber 741000100. Enclose: are copies of our cancelled ar1 check nmbers 27647 and 260210 with copies of the detail sheets for each check. it } as proof of payment. Please refwd First Texas Savings Association $1,119.58 as soon as possible. ~I 1 r., If you have questions, contact me at (713) 872-2763. Sincerely FIMT TEW SAVINW AS50CLATION I v 4„ rr a, S a 1~ G r 3 ,.w. J patino rcial Loan Department 3 p/fu oci Julie willows y, wyF} Max w. wells ~ J% t t X91 r it l S 1 ` ( i A, 4 j 0,4 r I S 1. `..p. r ...........................~1+v+ry1..I1RW.lL?r,N.`u54ww,I~P~.A...~..r.....-..rv...H...,.rf.•M.r.i.J+SIr+r.w..... ..-~yJ,dye" 5 ' I d 1i iri.rr•a. ~ .,7~ i r fit` r' FIRST MAS SAVINGS ASSOCIATION $ 4A ay it TRAM FOA VAwlOIN MOIITDA000.E AND MOATOAMEE rs5~ r _ CUBTOOiAL(%WW"ESEM--ENT CLEARING ACC JNT y wAeN WV1 S1CN e+Lehf T C°. %A. Vif~h 1:053ti004941:018730 0951.800 o'002090607,0 0026024li' 1:053411-00491:,1'0h 8? 3009 5480' 1'002090847 ' Y , .1 J' 1 i I' t' r .r. ry r" l ' n r r - t - '11• < Gam' • j 6gg-Z PAYO ~ E q Y BANK -P.E. 6 F.49 LH~,RL NC C53G-Jt6b0c 8 i 003 0545 G4 SS-2•:.-6'5 S SQdo's 3wA; 3 t ! ";i kt 1 ~ tir. r! fn L ' i M' a 1 t il ~y 1 rrs 1 rt l♦ 4/5ar, ~ •i , yr" A r r ry~ } 1 i p r ryi 1: 4 ' le 1. r / ry; Jar ~ r FIRST TEXAS SAYINGS ASSOC. PAGE 73 REPORT NO: OISS-0013 DISBURSEMENT CHECK REGISTER CHECK NUMBER ORDER DATE 11.01.85 A UAL SUN PAYEE! Of CHECK iR LOAN NO DISO NAME BANK INV DESCRIPTION POLICY NO/MIP NO DISBURSEMENT 803 080• - 803 ` 30$02 0 071...60 $8-18.18825 11. pap01S.9000 CIT1sp EEJRS N 21 3 J `-CODE 173 - C - Y FM3 578013e 0.07a500010R1MtY 11 AMOUNT 9. -6 40] 00DE_4l e 09 - 16021 CODs! -I~ 0416300 ~ 0IC~ L06pR "-ov0"8 CqIT 189 - - 3-1~3-$1{{--18883788838883At{{ 8i855- • O 177 CaaCIiY i09639 1000181 Y 774 0 p. , . . 906p Y $38t - 01=81-'00 TcR - $$r;t "6039 `C 1T ~ 8/ 7 9 1668* n~ UP -`6`02 y9ye8 8602 20011 •t - 04 :0 -as JK SNYDER 173 y1773 cc Y 1695+123020101pRt TY 90/.1{ 1$0999"6$8..` 08071 '83$-"$8 10 I83835 17:01=8355 -b«-6ugis-- ---8000 838$0--C }If `_"--.I895T1060$00RL{T----~'-OT7i03 002 999y 602 20021 50 09.10.1110027 12.01.65 Hi ROUSH 8000 0000 CITT 19S41600002RLTY 702.6 -'8$3'88y ---80 g 50_0 837... `y EEF .J A}}II.y{~j3 177A31 ,_.0 {Y `_-.16981 00 :8t{Y-._- 0 i8-~9 TAL7l,fERRO--'16 C 1 I1 11 10 0002n f yy 9 60 3 783$31-"-'S0 08=8.18867 17=8l= 6 -03'900'-'803 " 160 ` `G=0=1`7712.0 •0S RV WATSON 177 173 11Y 1690171f0001R1tY .04 9 16040 01:10-11794 S__pp OGUggEMANN . 177 _ 177 -$}{;-----18 8 883 788883at{T-------- ~ 17=$1="831 Dq" ULPlPPEa 20 ON 96 E 1 99 002 26021 00 09•lo• 0-57 12.01•x5 1911 OUOE 0000 4000 C fY 598 160002ALTY 73 .1 07 -8103{ c8 $8~8=!$481--I3=81=88-SR gaEMs83{T83R'- "f7$ ""43$-1{{T $$55 13000883 t1 0 9 16011 O 000-FDa+e 12.0 •65 DJ S Co5 6000 9000 IIT 1595 52300018 39112Igoo 88831- 6°608i 1$:-1183#83RR11 rs~d1~l°+"Ea7 8888 888$cce88$383t y{Y' 0 0- 8976 6602 1060021 SO 09. 0- $907 12 .01.05 JA M KEN~1p21E 177 73 CITY 139S49930002ALTY i f'.•4 4 499 0-000---003_._ 06001 50 09. 0. 0 8T !4.01.00 ' Be IVlY JREN- -0007 173 .C1SY-'«- i69841170004RL1Y T 7.0 17 s : IT`4 000 838 s ISS~g: s st37-- 80 No. 830 0 50 f B Jy ` NT 6000 6031 IIY 1695 6 6 O2Rt0Y 79t-- 5 C6CO --703---3804 1._.. SO-'$0=1$TIY190-~4=01=83""41-ARFR__.. _.1026 --CClfTTY------1615315 $678 T- `76 999 407 26031 50 00.10.19207 12.01.7! 0! SsPENCER 9001 4001 C[1Y 659549790002AL Y 71 { p qg e a o q 6X1s1s t 171 Ct Y 09740 g R TT 42p " t$3 099 8$7 -"77031 _13 _8 18=18465 I3=01:9 - J7-Ilbd E3-JR 2d3E"` 76 -CI{T ~69181$$$4RtTT- 02 0 0 402 26011 BO 09-10-1 521 11.01-Be t j 171 171 CITY M11945- 6S7100001RLTY 65 .]7 81-11 8$3--- 3S$71 -5 --82 - 855 ~ovlRa 8188 T.-_i558~3$$$88t~T - ~ 0 see 602 16021 0 09. 0.19630 17.01.16 ARA MON``7E0EOMERY 2076 26 C Y 0001241 Y 6 ~y 7 07 0. C1P 55} OSp ----.._.1$16 8$'_.$t#Y 114y 904711-11:81: 60670800 014 - • 007.000...-107-' 20011-- 6$-- $0~ 10. 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REPORT NO DISS-0013 DISBURSEMENT CHECK REOSSTER CHECK NUMBER ORDER DATE 11.01.65 Acc TVAL SUB PAYEE OF CHECK IN LOAN NO 0156 NAME BANN INV DESCRIPTION POLICY NO NIP NO DISBURSEMENT PjTUA_CODE, R£COND___1.0, _CODE. -TY %I AMOUNT $$y9g9 909 55896 26070 50 02-10-33425 17 01.85 DE AKKyREIDER D001f 4005S1 cCcCpI1TY IS965087080002RL TTTY 226.4443 "631'333-681-16020- 60~-00.10-77656 I4.01=16-IL S OSEORNT_JR_ p00t 001 CtiY --1596570000N`~TY 9~¢7•jS 598 000 606 26020 b0 09p•140•»711 I •01•ee5 R p tt 1__C t` 6p 6+00007RCTY 4p 1 720x3 --681$33-586- 8t0E0 .50 0$-I0=73971e "-13=81 1S- 8$"1PisDON" 300 ITr--`16363 2R TY e BOB O0 598 26020 60 09.10.24106 13.01.65 Sw AfN1NS 0001 40001 cCItIY 5y06578890002PLTY 454.14 0 6 245 _ 0 S 11H THORNTON 3001 4001 -'CT TY ~5l'1637T0002PL Y ¢4i 7 --6ii-808'--681 $$038 ' 50 "-83=18=51763 11:01.15 -1q 99 @11CyylR 0 V 0002PPLLIT ~ 31-333-636-_"26070-50- 9=10=7x113"'11=OI=65""FJ"1rEIMANS 111 0001"6001`-€TTP--' i5361358$OOD{7177--"--Alt11 598 49909 596 26020 55S0 00.10.25054 11.01.65 L!ss wELLEY 9001 4007 CITY I15596667766900~.%LTY 161 32! 598 636333--533`-73070 - -50`03=~0=75533-.'.14'01=15-CS-►VIEN_. ...3001000-BiTT"--'16367717000~111LTTP~'- 750:Ba 090 590 16020 50 09. 0.36141 12.01.65 OY BARNETI ~1 B00 e000 6000 C[II 159076600002RLTY 352.85 S.7 2. 3 BR1 Mi Y { 0 O R Y --616 $30 - 636`- 330300 58-8$=I 0D=31317'-1281=is '~M CD0 8998 6888-8ETr-----T$36i83T8893RtTY- -8$3 00002ALTY 273.0 BO 99 595 26020 60 00. 0.27292 12.01.65 DK MAROLD 8000 6000 CITY 000001 38 --61 -8$$--631-16830--68-83:~ =1; 1-'14=81=15--i[- OAT1b°" -8888 8000-'BTTT----16098bo000883R1Tr 0 990 609 2SO20 50 09• 7TT 17 2.0 t3 TR AYES 8000 0000 CITY 50222470002RLTY _ 34,60 0 6'3344 533._-36813--60'-83• 73 3a 36: BPgtR 8000' ~03i-8174- -1600i34BS88111TT ~ KR Usti 1f OOCO 1044 CCII~ y Y 1e0109420002Rl Y ZO 5i Be96 009 098 76010 60 07.0. 7~5k IZ•0 •85 S s3 333'-691-'36020 60-8d= 8=+4j3T15-11:8~=16 -{s C13 It °119-'7193 CITT- -1688b1b'38881111 T '83 7 so 89~ 090y 563/ 170 60 09.10.42677 12.Oi•e5 RE yB~URSO[ySS 89009 6990 C. c[TY 1500p9647000]1R`LTY 3Q4 7 . yp 6ppyy 2 _ _50 Oi•IG•~2i0;--~1=0=65--0-61JlEARSA ----33496333-[7TT----~63683170S02RLTT • ;99- 63o- 26020 ' 60 09.10.43211 {2.01•B5 GE MCOANIEL 6999 8999 CITY 18807/423790ppOOIRR`LTTY 3 800 2 _ 0_ e5 Jl N NGHAM- 99 r 31883-C1 TT-._-~63T1031080131T~--~~-3 a 3`333-'--631- 2618 -18-0019 =8H S 13=01:66- €86P1R" 399 0 909 608 26070 60 09.10. 3577 17.01.07 LY HILL 8999 8090 CITY { S9761970002RlTY 213.99 168 7---111114i8801R1Ty $b1`,}6 '8--68-83=i8=ia11-13:81=66'-6' Bb13K1,ER-13$3'1333-017 4 Bet $21 2`50020 50 00-0-4 301 12-01.95 RL DOCHARME 2167 103 tTY 1598 6900002PLIV 791.4 61 333- 6__7 pg ---26020...-68- 89;1038568-12:01.85 1A611 CHHAK -..--0999 e9 S; I 69 598 93-81TrIBO05G3JOO2ALtV---- -238. --611330 -636 18030 58 °3- 7 50 . wA 9 899 Y 1111411881114 68,706.12 ..2j-P .MCk} N NEI St - DIpLNNION. $02 B s 5 4 1S 7S 30 RL Y 1$35.40 Y - 153750020003ALTY $78.60 a 603 039 - 6s61 -"31071___50 - $3=T0=88853'"112-01-05 R MORRIS BODO 1 00O1.8SJC N 5--L--TUCBEA" 3P8b e106 C CITY i68~Q0001R11Y_~--_ $0 X14 LAN.999 {00160]I -„60_„0010.00791IZ-_01_!!DAQQS.__9001"4001 CITY } J S1 FIRST TEXAS SAVINGS ASSOC. PAGE 61 REPORT NO: OISS-0013 DISBURSEMENT CHECK REO:STER - CHECK NUMBER ORDER DATE 11-01.65 A TTUAL SUB PAYEE Of CHECK TR LUAU NO DtSB NAME BANK INV DESCRIPTION POLICY NO/MIP NO DISBURSEMENT AYEE 0,60E RECORD __NO__CODE_TY~1CODE __CiDE N0 OLIO NO AMOUNT 602 999 602 2601!2 f11 50 0yg2y.10-080360 12-0111.6`65 JE cHAROCASILE 171 171 CITY 159336pp0666110002RLTTTY 25555.ef5s{1 $0-.~;4____$02 06071 650 00:139 0-5 AM E 9001 403 TY 0 09-0.00670 0.0 1.63 BE N E "LLYY... 1000600 -0[1Y_..--.~SS7E1310007cR"TY - 0!110) 800 iii - 600.--0607 iso 1- 0-0041 12-0 5 W WE - " _8001,4003 50 02-10-00473 o. 89.10=00176 12'01=63 -R[`C6CifERll '700001 01 4071- flTY ---A593 019 0002ALTY "76'21 s02 990 602 26p0221 650 09.10-00491 12-011.65 JW CARSTGENSEN 16 935 CITY 15930197002ALlY 601.07 100"iii---9-07"-`06041"--60-'Oi-T0=00508-'`f0=01=i5 PONDERREE--9001 4001--cCITY-- -1S$162T00001RE r-+ 414;9 988 S--- 602 26021 50 _09.10.0516 112.01.65 RR RCOCCBBINS 9001 4001 C17Y 15936I230000012RLTY 4797.17 i 0 1 01 9 1 .50 B0 09=18=00658 12 OI;sS -lit I VIMS 0001 44097 cCITY 6Sy0i7j~70007RC`T 4Y- sg1 •706 J 999 007 26021 DO 09•10.00614 12-01-65 LC OARRLII 90004000 CITY ~6i76770000R[~-2T7T , 01 lry 00 400.`. 6 02 26801 58-_04-10-08444 - 12_a1=5_}* FLTCHER 9001 4O 1 CITY 159343760002ALlY Q1S4~ _ p_.._ _...170 80 089 $$8 -8$811 - $8 - -i8=8813 2.0 J AMMEIMT 000 077- 1 _ 9 660 02 T A 1 SHIT -i$o8g DID802&tTr- 91 1102 20021 50 09.10.00666 12-0 •05 NJ HHUARRRIILL 9001 440p01 cC `ITY 159304040002RLTY SO 0 r 2-11 $88-- 86881 -98-4$:-98=88$708 -118:88 :$6S" JAI ipEVECRETT- ' 900I1 9075 C[TT--~59299100002RE r-~66S29 --088 9 - -980 -85881- i$8=800776-10=0 *-09 4A 11 MH1EOORE"ER 8009 1881-€ ff---i0$8s38488o8RtiY $ -ib It 935 CITY 1603684300020Lli 400.80 600444_S o2.._. 7g0o001 650 0 0 09:;0 01747 '0-0;.64._9y~OE05[OONISE3. 00010!'600700 -€I~ IS4779;0OOOOR`YY e, pO -41 6 0-'_010101 .__-OS' Oi=10=0 9 450-11t.) - 5 J9/-61TNNNNESNOALI _ 5000-6000-i TT~6i271T90002RLIIT' -.AD 11 8p0 `e 2 26p021 y50 09. 0.01372' 12.01-65 M MEADE 9001 4001 C IT 159371000002RLTY 791.93 -40 '4i - +88 " 2602! _81:18,8J171 20166.4-HALSifAT 17 7 EtTr e j p`1Y Iy 6Cp 09 6p 607 y 1 e7182.0 1,665 J!1 YAALLOLfF[RY... 7 110 110-[77"-~Si2 9000000RLTT C02 25021 50 02-10-02433 12-01-95 do BAXIA Is 160'890 - "6$8 26821'"'$8 -8i=18=06046 12=81 ii "88 RLk1;6R- 00 65 CITY 1po,1926100029 TV - - _ v- 9 .53 9 o9 Y M 6D D 6 s-~¢TY--~ i 1218888 LTV SQ2 9 0602 p29021 p50 110544476 12.01-65 MC /YERS 6000 6000 TY 160 005002AL V 3 9.7 00' Bi !DO - 16701 70' 09=10.036146 `12-09'95 pR~i A6P(TRICN_9b01 zb7~ 81TY -169 il180008iE ---i8 =b0 46 49 02 2n021 0 09.10.05761 12.01.19 Of HARE 172 173 CITY 159 9500002AL Y 96 8 99 g4 t 8--_ iS031 60-09=10=8499;! I2- =i `Po $p8a4 BiYB'~48-$I T--- lii 281i0008it Y- O 1 1 0L Y 8 i~0a} p8p8 88881 -50 09-10-05051 18:8 :55 -8F 0'c 8+8X„ - - ?138 88 - 14--118884888111 11 1 02 19 002 26021 50 09-10-05932 12.01.05 OT HOOAN 2104 ~04 1ITY 169 9 1 I 1 0002RL Y 5022 2 to ,~a02 26021099.10.06966 _12`01.95 RD HILL 2126_ 129 109424090211Y 9 r I FIRST TEXAS SAVINGS ASSOC. P,TC! TO REPORT NO DISN-0011 DISSURSEMf NT CHECK REOISTER - CHECK NUMOER OROER DATE 11.Oi-IS A TUAt SUB PAYE! Of CHECK TA LOAN NO DISH NAME BANK INY DESCRIPTION POLICY NO/MIP NO OISBURSEMENT Yf,L COD[ REf~,ORD_", NO", COOf TY _ST _N0,_..., .-CODE ..-CODE PMI.NOjj_OL 10 N0 --__AM7JNL__ 607 9200 6`02 26021 50 09-10-0603 0 17 01.65 ET HCHtUSA%OW~K1 0000 46000 CITY 159421940p002ALLTY 450.01 •-•00'09$$08-' 760 1 " 50...0$•17=0$595 17:01=65- OW H3C60ART.. .-BOOB 108b--BUTT-----1s$1771208020 TT-------457:84 6 999 602 26021 00 09-10.06061 12.01•`65 %l GCAIR~I1CNCER 2110 120 City 1599442324200092ALLIV 374.51 4 83--$$°021 50-$°0=18:00e14Go , 4 12=01•$5- kW W- 1 BAUSMELL ` . !733 80773-'€1TT--- '1301073100679177"`- - -l7$ 76- 16 70 6 1 999 02 16011 60 09.10.061629y 1117 Q01.66 DSC IN `OtOPS 173 113 pCI IT 159423350002RLTY 7- -----~eai ` 2 9 3 01 SO D$_10=8$717'"17=$1=65"JC"L[6PEL[:1R " 800b8b8b-CTTT------1611111188821t '--E87-$9$--680---160}1 So sT ` 602 99 iO2 26021 60 'JO-10-06260 12.0 :85 BA 9 0 760 5 09- 2 2 1 0 85.- PRAT 9001 010_ TY_- 4145 O O R f 900 103"9$$ '"$08 -'16021 60_.-0°=18=06365. 18=01=85 PE SCRUELIP 000'"1032 1 1IT - - 1$$415510$a29[Tr '---471'.76 V _ 524y5.99 607 909 60^ 26021 50 09-t{0-06766 !]•01.65 PE $CHUUs `S`LIP 0001 4032 CITY 139425540002ALI~~ -$00 $$9 "$87 - 76001' 60"0$=!8:06150 - 17=01=15° FP W11L16MS -8000 6008` €17T-'---13957$100007RCT7--"-`3385 002 999 601 16021 50 09.110.06466 17.01. 65 JW TURNER 7135 *35 CITY 159426440002RL Y 443.47 O 601 760]1 0 09.10.06533 _12.$1-JI'THOINTON Y F1100884211 Y I 0--113 02'- 6021 _..60-00 10'939- 6 E -1000-101j- 00] 76C1TT"---16$6-T~ 002 D99 607 26071 50 00.10.0° 6539 12.01. 65 16~1q MMpOSLLiEY °001 4Q0pp1 pp6 ITT 1594772500p00p03RLTY 41.69 ••$83`$$$ -602 76021' -58-$6:18:8$91$ -17:81=15- TN EOFFMAM 900f i$7f"-€171"`~$$17b0$0002A[TT-- 771 L 602 999 602 10011 50 09. 0.066t5 12.01.65 WR HOMPSON 8000 6 0 CITY 1504280900028 Y 711.09 $ - - 6 $LTT-----6 .!23.11 1 •$12-$$$ - 602- -8$881 i6 8- 8$: ~8 8$$bl- 18=81:66 KNIGHT. 0084 7 101 - F1 T T--'1~5$1 S OC8003 6 2 900 602 20021 50 09.10.06704 {1.01.85 DE WRICHI 2098 9p5 CI [Y 594]91T0002RLIY 023.7 $$7 $$i--688- 2260 6071""-$8-$$=18=2$771` 12:81=6'~`0A.;$1'k8;if $b8i"7b10-`-1IT ---15$18$11~882a~7T-- 099 602 260]1 6C 06.10-06773 17-01.63 Y LITTLEFIELD 1101 101 Ci TV 15242993 002PtTV 81.6 602 -i2=°a1=$5-is c4o218ii5 - 2io`i la$-8177" od$8882RtT~--- i~ -$$0' $$9 1 ° $88 -248$1-"500-DO- I8$j3f 6 22 909 602 26011 50 000.10.070]6 12-01.85 WM MIDOETT 9001 4015 CITY 159 7 -181- 00ZRLT'f 1.18 go Y 6 94 09-607'-18071"-..50__.6$ .10.07001-13.01=53-'D - ECRN 917 3 --C TT-.."- 6$ a70000111 88Q1 °999--60p2 7e0p011 gSO 09.10•o07y4 e!!63 12-01-I95 yRp! GU`NLSsOCK 9001 4017 Ct1Y f0 7727Z90000002RLIY 1.05 93.81 . y . 8 8 03s 81T Y 16~13 2RL $5 .41 1 22 1 682-._.2 1 _ 90--0$•10 03`19 10.001 yJ`E'(fHAS - 116 935- `CITY I S°4339 2 too 2 2602 9360003RL iY 11.04 !O11 0$0 ~$$p - ~8 + 86821 80" 8$ 0=06760 17=51 66 -IAJ"Pgl`NAJOA g1071 ibl2' CIt1- 15 11 1196988119 4;` 02 6°$~10y p2e60 I 60 p09 10.08e61] 17.01.15 JJW SM`ITh 9001 4014 GC tlI ID044 300002RLL rT rY 90,96 O° "78001-`60-C$•10~0a6Ty1-"11-01'65-R~"41MMAS----170-177--~C~TT'----41100161p6t19~a77 000 9 0 2 2 909 602 26021 50 00.10-08089 12-01-85 WL TAYLOR 8000 6600 TT to 450 '10002ALTY 506.20 682 8821 $8-86: [TV ---10~45 j;000 02RL1T 1;ALI M.4 ~ I - - 03 $$6 - 8:8671$ 18:81:$1 -J W Z 999 0002 260011 50 0$• 00-067°1 12.001.95- S` JL At E OCK 699° 3--6900 O oil. - -i~8"$9p$- - 602- 2$021 88 89-1a•88$79 12.81:68 RR 71HA6851T 16 685 177 119 1 0] 99603 26021 50 09- 0.09005 12.01.65 Jp D0B6S 0001 4016 i Y- 5]7J0002RLTY 247.e3 200! 1-09030 1! _01-89 fQ WARO-_-. 935 1 Y -_-S20j9k01R lit T I1 2 7 FIRST TEXAS SAVINGS ASSOC. PAGE 71 REPORT NOt DISO.0013 OIESURSEMENT CHECK REGISTER • CHECK NUMBER ORDER DATE II-01.05 ACTUAL SUB PAYEE OF CHECK TR LOAN NO DISK NAME BANK INV DESCRIPTION POLICY NO/M1P NO DISBURSEMENT PAYEE- COO! R~OgD _,-NO_, CON E._ TY_ ST__ND _CODE_COD£ PMI.NOLFOLIO NO AMOUNT 602 999 602 26921 50 09-10-09045 12-01-65 J THOMMPSON 16 935 CITY 159453040002RLTY 502.33 `602"990'-'601-"26071 "--SO'Oo-10:09ry67 12-01-855-fM-IANAEFC""-----"1/-935CITY -`"Tb9iS71D0007RL7P----'-177.20 602 999 602 26021 50 00.10-09151 12-01.85 ER MIL gNgER 6999 8099 CITY +150453960002RLTY 872.57 602999`602__ 6021 50'-09=10=0918 --12=01=95--DJ-SPIRA-'- "'--1)3-'177-CITY 5935T110002RCTT-"------87 37" 602 990 602 1602% 50 09-110-09191 12-01-15 WL BLACK 173 177 CITY 159454490002RLTV 496.773 -602 999 "602 -28091 ' 50-- 09=-SS=09173 "'11=01=95-REI--HILCER - 9001-077' "OITP-"'--159i561°OOO°o ALTT-"-`-"'-20 `602 990 0002 26021 02 1 50 09-10-02276 1-01.65 JL MILLER 16 075 CCpITY 169455130002RLTY 410.69 --801 999"' 903-" 260226021' '"50 '09.10=09298--122=01=LS-`RR-CQEMORS---00014017 - CITT"--'150955100001ALTTr" -789:27- 602 999 602 26021 SO 09.10-09729 12-01.85 JL pHARING 173 173 cCITY 150455400002RLTY 2066.65 -601 999--s01 26021--50- 9=10=039303 12.01.85-NB AAROLAW 177 -177'CITT"----159T5i17000 RLTT-- -311-1 602 999 602 26021 50 09-10-09426 11-01.65 BM DSMITH JR 0001 4017 CITY 152454720002RLTY 529.35 -6819[9--60226021 " 50 -09=1 12-0 -65-FJ W/ OROTHY 177_-113 _ccTTY 1594570000028 Y 26.70 -0=09760 1 Llt 16 075 CITT 159497010002RLTT 764:5 602 0939 602 26021 50 09.10.09477 12-01.165 KV CASEY 715 975 CITY 15243 T7300002ALTY 347.14 482'990 602"'16021''50-09009799'-12=71=16-f4"FFFLCW-' -9001 4017-' ITT -169656380002R1Tr 1 602 090 602 26021 50 09-10-00822 12.01.85 TM EPTINO 116 935 CITY 159458650002PLIV 730.43 02'1000-602'-`26011 -`-50'-09=10=11$03 12-01=65-AC-l3EHAERSJp " 0001-4077'-CITT"•-'159361070002RLT( 119-51 602 0990 s602 26021 5) 09-10.1f1112 12.01.66 JP THOMg 9001 40377 cCI TTY 15946126000 2RLTY 447.1 601999-- 602 `16021- 5000=10=T1ii6--12:01=65-011 HHasATER ' 9001 +1077"-CITT---'159701738802ALTT 69! 60 601 999 602 26021 50 09•TO-!!149 12-01.65 MN NEU 9001 4077 CITY 150461600002ALTY 637.08 --AO I-999 602 2601 50__00_ 0- 172 12-01-15 -no HU1•TON_ 00 40 7CITY__ 6 462020002RLTY -311.42 02900 -803" 26021 50 00.10 11198 17 01=$S- ROMIZELL 9001 7037 CITT 15946728000211 T-'- 76T.WT 9602 999 802 266021 60 09-10-10352 12-01-65 CC SJSOTTHNRS1cON 16 935 CITY y150462070002PLLTTY 3372.12 LQp1'999`601-"26011'_ A0--09=11258 11=0.95'-EM-TIIPLORJA._- 00019077-CIT7--•'~SOTl1960001RLTr - 6 ~6T`~ 02 99 6607 290021 50 01.10. 13324 11-01.85 LO MOULDY 900771 4078 CITY 1y50463500002ALTY 354.31 848.74 1MY -601- 99.60 `--26021 60-$9= 8 ~13I I --"12 O1-A'—T''V~110£RHOE% 1001-"4D77- l v 636100 `159T636000002LT 602 99 60 26021 ED 09. 0.11380 12.01.65 HL E310 AN1ST JR 111 171 ITY 18946 30002RLIY 416101 8$1 99-----603_-"16821-6°c-88=10:1~i1Q-11=8163- 6 iRSTDN _ 900 ~88~- ITT 1~11iS i88$BA 1 20D211 TT--- 8°&~ 00"90-901'--160._-5$~-89.10.1T i24 3'-11:01=15 D _"NL AAE 814,5 P__901 977-CI T 16946 430007RLTT 288 61 1 1 1 AA-> 0 81"5087 8{.~6936ii~6028t4T --~i~ 4 607 of 69011 126021 50 09-t0. 1569 12.0Y-89 OJ HCpHEOq~~ 9001 4077 CCITY 1y504656p100002RLl TTT 723.19 9'. ~60 02 999 002 2CQ21 50 00 1'•AY ---607-_.260:11'-"58-0995'0!' 11611"- 11=01}-=A`6-LpC-1IATMIpI~RIGHT`-106'1-4,,037-CC[ttFTT-'~1JOi66ea~p99j000~pj7AgiCTTTY 31-18,--,Ql.-A6681 y8 -81*10•11~~6 11:5;:;5 ~P' C RS7 000; ;03~_OOC"Y""- A0 8t9E88g3~in - e7, 3 800,999099 80; _ 26021_,,. 50 _09.1011770 12-01-95 _ Rk 0AER JR_.__, 16 038 C11Y 1594609200_02RLTY 4;• 7 I N.. w..V+M • . .vr -i..«.: Y.NNiMM W11MR111~41Y6MfW..•.-.. ,x FIRST TEXAS SAYINGS ASSOC. PACE 72 REPORT NO: DISB-0012 DISBURSEMENT CHECK PE03STER - CHECK NUMBER ORDER DATE 11.01-05 ACTUAL SUB PAYEE OF CHECK TR LOAN NO DISK NAME BANK INV DESCRIPTION POLICY NOIMIP NO DISBURSEMENT PAYEE COO! RECORD _NO___COOE _CODEPM] NOLFOi FO NO AMOUNT 602 999 602 26021 50 00-10-11026 12-01-85 GE MARTINO 9001 4030 CITY 1594477740002RLTV 057+44.93 .31 `-600--909--$01"36071-"-50-Do.la=li64so 12-01=1S-CT-SCfTREIDER --9001"4037-CITT-~S9i66e0T0002RLTT-- -01 602 999 6602 26021 50 09.10.11978 12.01.65 H ARONSON 8001 4037 CITY 1159408390002RLTY 237f1.05 -603-'999--602--26031 "50 DO-T0=11696- 12=01=95-"--JA--HRyR7EY - ` 9173--171 1TT" 1S6766630007RLrr-----"-S O- .I 6602 9909 002 26021 50 00-10-11936 12-01-BS CP RIDENS 9001 4037 CITY 159469060002R`LTY 302.20 -6p03`999-103-`"36071- 60 -09=10=11977` 17=0185-BT-EONRPHS9 JR g01B-11i76--811Y ' 139469460001111TT--J-"-"---717:Y 602 090 001 3601} 1 --SO D9~10=17071-" 12=OT=7S-STIfliSHINa TON- 9001 1a77-CITY sp94604y44p008 21 LTTY 55]6.047 `607'099"-802--26 ~ IV IS94T01i602LT7- --A64.0Y' 602 999 602 26021 50 09.10.12035 12.01.83 WE COLEMAN 9001 4037 CCITY 152470110002RLTY 6T4.80 607999 ` 102- 26031 -50 -09=10=4707!'-17=01=1S AD -SURCKART 9001"-4037--C1T4-'--"-`159i70670007RCTT i6Tr4i~ 0602 5999 601 26021 50 02.10.121041 12-01.65 00 SEILER PHD 9001 4038 CITY 159470270002RLTY 306.2 -100 999` 502 `"78021 SO -00=1$=1713] -,12-01-95 =0RO`TIAPP 900T 4037-CITT----159471 2 100a3RL7 -361 2d0~ 0602 990 602 26021 50 09.10.12102 12.01-65 RC LEE SS 9001 4036 CITY 159471690002RLTY 3s72.30 1O7"996 `600`26071'-" 50-09%10.0173-12-01=1s` TiiS-POREIISON 0001 4077-CITT--1561716f0003RLT1~-'17 602 9999 007 20021 50 09-10.12188 12.01.05 GM LANTRIP 9001 4028 CITY 159471000002RLTY 2252.15 ""102`009-507'--1602 4-60-09=10=123TY--12.OTZ6S-E pD-LEELADAY- _-_goo 4$37_-i1TT---1591724BM02RLTT"-'--'How 1i 0002 2990 602 26021 50 09.10.1229222 113.01.6`5 111{ KWON 9001 4038 CITY 159472480002RLTY 3044a.4~424 ---10=!'099-_60-`"060 160-09=157195--13=01=B5--U NRUGHAN 9001'403i''OITT 15947736900029JJ -3bTT3 0202g 999 002 260211 55s0 2099.90-'12j2667 12.01-65 BD BBsURCKp goof' 440938 7 CITY 4594472970002RL Y 3pa15.86 ' 000._,000-- 7603--. 60_..09-10-11440 - l..__"-01 89 op BAT5ER 1_._ ..-000;_. ;07 3 --8= 1Y - 160;7 15 02RLir so 60? T 92:s6 0 2 9 D 2 60 268 2.0 91-59 1UJLEMAN 9001 4037, CITY 1111;16000 0a03R[11 1U 601-999-'-600-'-26031-_. 50-01=10=12316 ~2:01:8 144 SS TTOM 9001-7079-"0 T7----{T- 6000'2 999920 x602 206e902'1' 50 09.1'0.1F2564 1+2 0 88'5 09 MORAN 800100 80000 CITY 16859{41662200002ALTTY 64.24.79 O _I 100..999`-600 --06004..-1G __O$: 10-;~O,S 11.0'.a0"-00_MCOSINOXR~YENER 900 476C C TT-1690i1O;a00~03RLi -78;~;- 11$---1as--31021 -50 -$9 I0- 733 12 01 1s-c: cuDVsis` 600 -4037-C1 : ---169 57 ;'OOO~R[T - -3 32 12-01-99 MN HARPER 209 94 3 Y TY 2 11 ot $02 26021 50 DO- 0- ,01-- 681- 11911- -s0-0$'~'30=17 5? 12 01'65_-$I I. AlbilUELV-2014-17#-$11T - 1$999pp~~4~~~3~088~'Rt~rY 07 02 909 002 26021 60 00.10.1380 12.01.05 ED SHAFER 9001 4037 CITY ~5i487000002RLTT 705.4 0 g9___ 27 5 1 -0 Fi-►{t 4 8-c Y 6 Bppp~pL Y o,y 0 196 101 ."0602 s0'-01=18=151610.0 •66-T011:1iCRER----BSS1i'BSS9 C1TT'~666077700a1A7~'1 00[115950 602 280202 50 0000.10.15100 12-0 . 8565 AWW NNEEWSOM 9001 4003 ITY 119504400002RL Y 353.35 vy 40 00-'9000g260075g-`09~ 0636 _.i0:01-s3-PE SMITH 900 4Io'--Qi ;i~7Tr- 21 •80 !1 9-9 ~f0] _26071-„_ 5O_O9•I0LB,j12.01765 FK APPL[[ON, JR 1093 93 Oj1Y tti9 6 7 8 6 60001RLTY 7771 T - 1 0 j 1 FIRST TEXAS SAVINGS ASSOC. PAGE 74 li REPORT NO: DISK-0013 DISBURSEMENT CHECK REGISTER - CHECK NUMBER ORDER DATE 11.01.85 ACTUAL SUB PAYEE OF CHECK TR LOAN NO DISK MAN! BANK INV DESCRIPTION POLICY NO/MIP NO DISBURSEMENT PAY EE_DDDE RECCIID_. ND. _CODE TY Sf NO DUE___„__,__„.,_ _,.CODE CODE______ PTAI NO%f 0_L[0 NO AMOUNT 602 999 607 26011 50 09.10.70312 17 01.OS ST BURT 1100 100 CITY 159562540002RLTV 525.05 602 999 601 26071 _ 50 _09.10.20724 12 Ot_85 _AD RAMSEY 1100 _100 _ MY 1595670002RLY 321...21 509 "'862- '28021 -SO" 09-10-10793 12-01•B5 JM BOSWELL 2100. 100 CITT`-- 159582430002RfTT+ `279602 990 802 26021 50 09.10.103998 12.01.65 RD OUPREEE 9001 4001 CITY 159563510002RLTY 771.06 '-807OD9"-802-'-28021 - 50 0D=I0.20i50 I2=01;B5-'P -BRIDGES - 01004f00CITY T5938i10000 RCTT9'-'- - -'"----'516:07 002 999 602 26011 50 09.10-20475 12.01-05 JT DILL 9001 4001 CITY t59564400002RLTV 411.24 $02'999-"802" 2602S "SO" 09.10.20849 12=0185 - JR-FOADC" 9001'4001"-CITY"---1566 8280002ALTT -""'--`5 . 602 9999 802 26021 50 09.10.20668 12.01.65 HV WOOD 2100 100 CITY ISOSOOS00002ALTY 46 .99 802'809-'$02 16 $021 - 50'-09=1O=21TB2 I2=01=65 JE'SHONIELO_.., 9001'4OOr"-CITT---111573$550002RLTY---"-----~`~:r: 3-- 602 y999 602 26071 50 09.10.21206 12-01-83 LF WAGNER 2026 28 CITY 159373200002RLTY 305.05 "0T69--802'" 26021 " 50"6=10=7111812=01°83 RD RELY 0001-4004-CITY- 156ST1270 2RLTT- 3,08-- e002 9y99 602 26021 50 09-10-21476 12-01-89 JF ROGERS 9001 4001 `CITY 159985010002RLIV 250.95 602"699 -80'2 `26021 -50 -00=10=22695-12.01.85'-WSBELCREA JA 9001 4001 -'159560370002RLTT 11.87 002 999 502 26021 50 09.10.14283 12-01.65 S GRIGEGE SSS 8949 8999 CITY 159605 {930002RLTY 4775.463 - 3-C9_!(AAiR01ON"- $77-171-CITY -'-~396 16 1 7 00S2RCTY -!130'66-- '-802'999`80!-'26021-"'50"09=10.24601'"'12.01 s e602 9B9 0002 26021 50 00.10.244889 12-01.85 E► LYNCH 16 935 CITY 11 s5y9610220002RLTV 6170..772 - ~E66`1 '702'969`!02-28021'--30- 9=10=2 777 -17=001=65- 98"'ABERKATHY-"-'171-1TI'-CITY`-'-'1598117]0S02RLTTr 0 602 209 602 26021 50 00.10.2477766 11-01.05 NA BB UUCKMAN t6 9775 CITY 159611340003Pt TV 130.20 '"OS2"9B8'-a102...28021 .._60---09-15'14E1612.01=8SJ `.TJ MOOAE'_.". - 6001-4077-`CITE'-- 759811760002RLT1 71T- 602 7999 602 26011 50 09.10-24821 12.01-05 1p4 ~~N ~~I ~C~HH~OLS 173 173 CITY f159611810002RLTY 733.79 852--28021".-50'09.10.24829 12-01=83-8161'TNOMPSON ---900I'.4039 ITT 138966130i0002ALLTPY'_' _ 3'B .16 602 099 602 26073{ 50 09- 00-2146440 12-Ot-85 WL NNAHRGANG 9001 4607377 CITY 15266120500029LTTY 464.00 { 6:7T- 02.888'-602` 26011 -30-09=0.24843-12: - 5`DR"OIHMEEEI 80017 1037 p T1S817090001RLT9- -78 0 609 0799 802 26021 50 9070• CCC0-2447905 12.01.85 0Eg SPRtUtEAENCE JR 0001 4077 CITY 150612650002ALYY 037.46 j 8S -11"812 76p021` -08 89 1S 2}/17 "17=0 - 7"I[ OENRI"TOR'`- 00 `03 ~i----i88~di6looozR`LTY---- #I'~- e0 / 6602 16021 50 09.190-144••7917 12-01.66 JW ALXER 9001 4038 CCITY ~159613t30002RLTY 275. / ,sB `-"402-'28021--'80-09' 8165._. 12=01~B5-KJ KJvD OONESRDO ..__070 0 -CI1T"-~D86 e 3 - 4 73- p p1 y a y 1 1~98$82RLTY----71 0 5 9 $02 7 . "`8 7 ■/!1 `852--'2871" - S6=IO=73038" 12.D1.65 DP S1ARR 900{ 4037 CITY 526 Y 460.09 8 as 0 G • MAU__~77_._J77-01 8°811418882AL 50 Y-- 7e 9 8 185-6'KrSckk~ le 6 2 990 902 26021 50 09.10.25047 12.01-03 OP BLANKEMIYER 9001 4077 Cl Y 6001 490002RLIV $69.00 p • 2 0 0 2•0 •OS WB LORD JR 77 T tY BOB 6 000] 1Y 809p11199'-807.'_28521--'60"'"S8=T0~2S077--19:01:88'-JB'PERRIWGTON --'177-~172-1ITT-`°-1sei14780002 'TV A88.i 1 Q002 1 /ssy99-" 802-'-7802 -`50SSS~-10.230111 1]•01.55 fpS~[O pppN[AiT 1094 94 CCCiiY S9 {66 510800803]1pRp`ICTY 6y33].eo 00. !791960 e~ 602 29011. -5009-10-25153 .51_ 1]-01.65-gip O1111 WWN~ tlN.._ 113-4073 CITY — so ~506157310002PL TTY7;27 2 7 I ~ t ♦ew+r ..r_...~». _a_._ n _ o,w..• ..r,.....rq.r.n aL. n vriap.M.NNIII ~NrM Y FIRST TEXAS SAYINGS ASSOC. PAGE 70 REPORT NO: DISB-0013 DISBURSEMENT CHECK REGISTER - CHECK NUMBER ORDER DATE 11.01.85 ACTUAL SUB PAYEE OF CHECK TA LOAN NO OIS6 NAME BANK INY DESCRIPTION POLICY NO NIP NO DISBURSEMENT PAYEE CODE. RECORD _NO-__ CODE_ IT STNO_ DUECODE -_CODE _ PNI, NO/F0~T0 NO AMOUNT e602 999 002 26011 50 09-t0.25195 12-01-85 J HYDE 8000 8000 CITY IS0616060002RLTY 310.12 --102-BBB-602--1601'---50-09-TO-.2S77Q-'I7: 0 IT45` FS-WIN5LOTI- 0801-4001"CITT---1596 1 6 0 7000 2RETf 16'2F-r. SB x602 9999 602 26021 50 09.10.25353 12.01-85 AL SCHULTZ 2100 100 CITY 159619200002pRLTY 1.400.09 381-119 ' 102'- 28071 "50 ' 09=10=25750 -12.01=B5"'3C TRUSTEEiON _9171 ;171-'CITY ' 139610270002RLT7- `203.20 602 099 602 26021 50 09.10.25385 12.01.85 LM HOWE 2100 100 CITY 159610550002RLTY 444.49 602 999 602 26021 50 00.10.25386 12-01.05 WH CHAMBLEE 171 171 CITY 159618500002RL7Y 261.7! 07-999 07"26021-"SO-09=10=753 01 T2 QFBS JWTOfFF7R""-"2097-97-CITY T566T8B10O02RtTT 867 602 099 602 26021 50 09-10.25399 f2-0t-65 RE ENOS 2026 26 CITY 159618090002RL1Y 63.91 tl0rBB0-30726021'-50"09=10 25511 12=01=95 JA E~'JR`"----70499-1B9'CITY--15B17 07 6000 2AL TY Be;m 4200.46 602 999 502 26021 50 09-10.25524 12-01-65 HM CAPLAN 9001 4004 CITY 159520360002RLTY 5471.63 -"002"899-602_-26021--50'-09=10=25S47 -12=OT=85"- "TYRESALE__20 8 "-7/-CITT- 1598 0600002ALTTY--- :0- 402 999 60x2 26021 50 09.10-25694 12.01.05 WA REpNpLEY 9001 4001 CITY 159622S00002RLTV 766. 31 50 BO0~-9990-102"`26021-- -08=1035702-12=01=BS-CO-VEAZE V-'"-- 2027"-27-CITT 159627700002AL'T 17.XTi 602 y2p92 602 20021 p50 09-10-25909 12.01-05 FH TURNER 173 173 CITY 158625300002RLTY 7,17•.447 02 $$9-6012'-'26021-`5$-Qy"0 2e9T0'-12707=BS'TC'[EWELLEN-JR'9001--4071-CITY---159125i10002RLT1 43 . A {6{60'2' y929 602 26021 50 00-10.211119933 12.01-65 EE` FA RR 900'1 460'266 cC'ITTTY '1' s5 p9e422s355000002R`L TTY 4'45'.83 60 ; B~ ~~51107en0~'egLfY 27 y~_"_ e90' 2602 26021 ' -`s0`$0';0 2+7970-2~0~~885~` GC T 'J CHIENCON -.__._..000 6-660-€~TY `602-998--102-'26021-'-50-09=10=2598T-12=01.85-119 cWCWEMO Jp'-9001-1008-CITT $902:240082R - i $16as~- cC;ITP--;tBB$ii08$>R~TT- -t}! 68 $Bi- -8 --t81 -8-£a i8~$~-} a1=BS -$i'ORAdN --9a°0 0 999 002 26021 50 09.10.26033 12.01.89 JJ ROBERSON 8000 6000 CITY 159626920002ALTY 350. 1 $88 iii-- is -8188{- i80 0-8iy jfp8 N 7 i8 0}'f,~-~a o~~1p$44N~~AM ~~'~-18&rl~y ~~yyoi'l~3I 8801P►[4; st~~3t-- 31 '60~ 16i--68i--iS02~ - 60 o9 iO-0;ii0.";2 01 i6`w► MA;IDN0026-1081_8111 26 C ---1 a56000P1TTM._~-;04:07 00 i -49999-S$$- $80$1"- BO'8B'$ $81 ~ 1$ $ iB-">~E +ITE~'LE. -3$ 1i-D$i-C~Tr--1$&B's~1~$$$2RLm -BI ! 99 60'2 26 11 9950 09-10-28142 x'yg12-0 ' ,5 OLL cSIMM`P`SOON 6171 17ee1 cC 1ITTY 1165y0e6 ~2 ~13000000'2pR `L~ tT~ TY~~ 46 .110 0 1__ 482 88-181 '11 1..._60`082.i0:2e1e9 12-01-93 D_71_pAM;YEpTR 9006 iBM OOOLitt 1671118880881TLTV`-17 2 $$8 BBB -.BO$--p$tl8p0'2'1 5$-QDB 10:$'eBllo 12 $1'=eB'$-$w-e1ljlEtE-S_.So81-400p041-c$ITT- -i699999922,6B~B/`{$8pp$$~~RR[~`~jTTT 2 999 602 26021 50 00-10-24 12 12-01-95 WH tVANS 6000 GOOD CI 159628660002RLTV 793.42 3002~60- 's00-` 7e60;i 50-02`-40?;;;0; ~2 Oi;eS p`~FTIEfFRTQSOHER°"SOSI397y Ci77Ti--;616620f00002R1T1 367A 9Q;_@99 _ !9__2!0]1.__60 00_.10.70736. 11.01.9.8-8 -FC MCDEE ,___-__0001 4004 CITY 158630530002RLTY 069.31 T 2 ~•Y~Yre.nIYyV O!s.t•~•ue••w.. x..... .m _ ..n ..1 i:: .-...-.....r. .'rr x a ♦ns._..r.r~r-.-.a-r.....•~MM i I FIRST TEXAS SAYINGS ASSOC. PAGE 76 NEPORT N0: CISO.0013 DISBURSEMENT CHECK PE0157ER - CHECK NUMBER ORDER DATE ll-01.85 ACTUAL SUB PAYEE Of CHECK TR LOAN NO OI56 NAME BANK INV DESCRIPTION POLICY NOJMTP NO DISBURSEMENT PAYEE CODE RECORD-., NO _CODE TY ST NO DUE CODE CODE__ , PMI. NO/f0_IO NOAMOUNT 602 999 602 26021 50 09.10.28345 12-01-85 CE MCCOY 16{ 935 CITY 450630610002RLTY 269.53 902'999'-807""39041-'60 `D =10=26181 17.01=65"MJ-FAUHRRiRN 9001 4001-CITY----149631O------.11- $02 S0002RLTT 340'999 602 26021 50 00.10.26393 12.01.85 K %HORgRqAMI 9001 4001 CITY 15OW 230002RLTY 487.10 07-999`-804--2603F _-.50-09=10:2041S--12-01.55"DJCOGDELLT-' 1018-X022"-~CITY 1S997T500002ALTT1-~-'----794:4 602 999 602 26021 50 09-10-26420 12-01-55 R LEVAN 9001 40011 CITY 159631560002ALTY 4678.15'7 6099-"`"`907`-35021- --6009=10=3614 8--12.01.95'"4--MLIRTIRF2617]`;177-CIT4 T39631350003RLTY----4TT99- 602 999 602 26021 50 09-10.16453 12-01-BS MT FARRRISg 9001 4001 CITY 1596311950002RL TTI 231.61 903-999"-'601"26021" - 50 09~T0=77928-"12=07-=B3-JR"CR65SL1,H0 --9001-7007-"CIR-"---I595a1970002RE T-- -"-7es34 602 099 802 26021 30 09.10-32977 12.01-85 AY 14UrNDLEY 9001 4001 CITY 1159646560002ALTY 306.09 -905999-50 '-35041-"30--09=10=33187`-13=01=65'-1J NHTTTLIi - 9801-BOO T`"-Olit~'--T S95~ei;!c°OOiaisY 1f97 002 p999 602 26021 50 09-t0-73333 12.01-85 CR BROSCH 9001 4006 CITY 159650110002RLIY 752.21 907"999902-16021 5009=1"3 46-"12.01 89-85'-6000 6000-CITY-'--13 91a5 1p04 0001RLTT-- 7737 602 999 602 26021 50 00.10.23489 12.01.85 KS JACQUOT 9001 4006 CITY 159651570002RLTY 7~2y9x.74 -107999'-60236 71'--"60--09=18 37762-13=01=55-GJ"EOAER-JA'--'6000-6000--"C1TT` 1595526200002RLTT T 062 00999 86092 8260221 50 09.10.33y932 12.01.86 N CCVELJO 9001 44001 CITY Tr15y96656070002RL7Y 449.21 02'069"707-25071 '50 09=7-0=74107--I7=0I=55-A0-TIg9ER-- --0001 4001-CI1Y-`-15/661P07602RLTF 900 ' 602 990 002 26021 50 09.10-34106 12.01-e9y5 WO ALLEN 9001 4002 CITY 159656600002ALlY 48807..48 ALl 02'9oo--9o2"- 36021--50-83 8-31200-13.01 95-ip-DRIFFITH -goof4 1001 CITr -1596600 06021[ y 1II . 11 602 999 602 20021 50 09.10-24755 11.01-665 pRE COOPER 8000 0000 CITty 1y59614`g4e000p02RLTIIV 743.84 -080 999--Dos'--80801- "68-89'18-88j3`i-18:01.13`1AL-LERCH 9001 4007C1TT--~SY1674TO~~OO~N~1Y 4 0:02 '2 999 IS3 -1 0 0813002 illy -1111801841M444-- JONES 4 JI 1801=15-IJ JJJER ' -g°1i $°2 -BITr o'r>1$o8002RCn~ 043- 89 993--508 -"$$881 50 09'18:118 6 [129 602 26020 50 p0 y$q$-y{108 - 86081'- 88 08=18=ig~e4` 12=81=8~- oc R~tA~~r°aPP~ °e9001 4002 CITY 1596975BOO02ALly 202.01 o°oo`e°DSO - `017-7--~11Q07821B001RLTYT~ --734 77 00 OO 0 to 26021 0 00-10-35270 12-Ot-03 OF CILL 16 035 city 99"---604."'75021_'_.. 1 8-`09= 10_1567 2 -`12=01=13 - MR p;HFITA--"-""9001-1000-~CITI-- pp65pp007041pa0p0ppp01RLTMTY --;S2.S aai 07 994 60Q2 20021 BO 09. 0-35701 12-01.69 E ORIFFITH 9001 000 CITY 508140 0002RLTY 7 2-9i91yo--702---254408' - 98-8911 p8 18178-4001=15- T 11 IL0 300b 8p880'-CcI~TT- 88--1p59 ~;8pop08Rp`L~T1;Y- 5001 '17'S~ST~ 1001'1 0009:.+6G02...2607..._60.-0 09 'l6O-; 475- 17.01•5 Sp O SBUNY 00O-a6080 city _-.`..`._196676670002 TY 3 10]] _ =60!2607-11150._09•-110.36020__L7_D1.05,QP_11 j _0M6__ 5000 6000 CITT 16967 7 4 1000OPtTY 0 777 I 1 I rtltllr.llPVPFMiMIw~.r•r....ir r. .,n. ..,wKilllintl.. r..+.,_~~ { FIRST TEXAS SAVINGS ASSOC. PAGE 77 REPORT NO: DISB-0013 DISBURSEMENT CHECK REGISTER - CHECK NUMBER ORDER DATE 11.01-115 ACTUAL SUB PAYEE Of CHECK TR LOAN NO 0158 NAME BANK INV DESCRIPTION POLICY NO/NIP NO DISBURSEMENT PAYEE CODE RECORD-_ MD,,.__CODE _TY STNODUE __._.CODE_ CODE__ _-PMI NO/FOLIO NO AMOUNT _ 602 90999 602 26021 50 00.10.36112 12.01.85 JR ENGLAND 8000 6000 CITY '59e783S0002RLTV ]16.53 9o2`999 --$$02- 70011 SO 09=10=36 13 12-0 01=85 JH 8E SON 8000 8000 -CITY ' 150886 6607RLTTT '-"LBC'04 602 9929 602 26021 50 09.10-36325 12.01-65 RD GARNER 9001 4002 CITY 159080250002RLTY 263.80 TO 907"999--702'-10011- -50°'09:10=78]67 "12.01=85'-OE 90CERON- 8000 5 00--CITY----' 311.00 802 999 602 16021 SO 09-10-38509 12.01.65 EM LISS8ERGER 9001 4033 CITY 159661900002RLTY 17]{.20 901-999 602 __26021 50 "06:10=70533--12-Of=95-OH-G.4OVIS---- 1000- 8000-CITY- 159682t60002AL TTY--`-2!7:77 601 999- 602 2607 601 99y99 602 26021 SO 00-10.78578 12.01.83 RH WELLS Ss 8000 8000 CITY 159892580002RL7Y 99.65 601113 28021 50 =1 0=0 81111-1 2.01=85" JR -JEAPES - BOC6' 5000`CITT--139017i70602ALTP-07T:45 902 999 602 26021 50 09.10-36730 12.01-BS JA ORAVEC 0000 $000 CITY 159683960002RL1Y 160.60 -907-999"--907-"20021 50--DO- U-37775-'i2=01=95-t22:-001=- 118558000 6000--$ITT---- 19009TS30$01ALIT -117-IC .802 8999 602 28021 50 09-10.37497 12.01.05 DX DONALDSON 1 8000 6000 CITY IB0105520003RLTY t02.388 -681_1905 -002-26021'-50-09=10=27859`17=01=05-Cr-FOSTER 8000 6000-CITY-___-t90303330003AL7Y .19.' 602 y9 y99 $02 26021 50 02.10.37613 12.01.55 FS LORRY 8000 6000 CITY 18019tB70002RLTY 522.60 087-091-902 -28021-`-30-09:10=77701-12=01=95-liF RYGRENM` 80009000-CITY 18010i1:oo03R[ n -"794.46 602 999 e602 26021 50 09.10-37092 12-01-85 AE SSORG 6000 6000 CITY 100279420003RLTY 0226..00 9$2-9°9o 7007-2e6 1--80-09-10-37493 "-11=01=88 FR"71CCHESNEY---5000-6000r'i<ITT--10076 070~OO03RLTf'-1411" 602 29200 802 26021 30 09-110.327945 12-01.85 DB SHEA 8000 6000 CITY 110300990002ALTY 199.•30 `581-909'802-'"26071-'-SO-00=10=3795912=81=15--JA-CAPRI50N -9000 000-CITE-18056117o001A[TT 31'' !•02 909 102 16021 50 09.10-37071 11-01.95 R%S ~~JO0OHHsNNgSON 8000 6000 CITY 160303070003ALTY 190.30 '002-990--007-20011-"'50-OF 0=71058"-'12=01= Sftli`IRLBECa"--9000-8000'$pIT1~50336p 0 1b 10p38002RLTT--""-'15301130 8000 6000 CITY 180406270002RLIY 372.83 4 50002RLTY T"---' 100IDT.I3S_ 00 -4...-_g107.`-160071 1-• 65$ 0918-1111? =3 -122.0.01=007 y.-".J JA C M1PETENDL! RAMS - e800000 6 B000 Y .1000'LIT'/~8080553 0 11000211 .602 0$999 $02 26021 50 09.10.36203 12.01.85 R DtLlIUUQAS 60000 602000 CITY 100655756040p0p0g2RLTyY 390..88.2 so 602 26021 10 9-'988-221071- =78i10 0 1801:85 JR FCLgRHERR- 000y00'1 60 9 0 75-CI1TTT 1l80207]77o007R1T1~`~a7077~ ;y9 9 0 0.1 Y 000 2RLTTT-'--'~T / 9 .14 RN.`.. 1090 0 wITt~T09 05 0 99090002RtTT 2922-11- 2=O1 83 =7S- JF CS'SSSSI TE 00 902 i9a-"087"..76021'_'38"'89=10=4] 'jgf $02 26021 50 02-10-43154 12-01-85 J0, KARP 0999 0900 CI 1 1$--987-71071 -3o-"09=i8.17;13-17.81. -15 XB 3NNIR 6990 9940-8111-" -_159768090$BSALT1TT - 79!;66 `07 900 001 26021 50 09-10.43522 12-Ot•55 GS FLEMMONS $909 9999 City 15077 1860002 RITY 480.77 190 _601.--10071- 6-$$~8:ai4iiR 17=01=13- "ck-a1j8C1MMgg4-- - IV13-613'CCITtY---1~S~ii~973~80~0~iAt,~T----1187. 999 24021 00 99_J02 '-i3011--58-$8:10- 114"12=$1=0s Dw RR~TLCEA-NY --4ISH651-CITYT 11181HIT8007ALTTT'~'--7474 6p 9 81 099 b02 71011 50 09.10.48209 12•01-05 RE OLSON 6999 0999 CIT. 9a0066490002RLTr 447.01 901 9_06 002 70011 50 00-10.45313_ 12,.01.65 JN ARM STROM6, __8940 1999 CITY 11026 ~380007R1Tr 252.90 I I rw.rrr... ..;e r r ..rur . 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K % 76b 50 09-10-05 •7 12 01-i5 SOUTNEXN 9L 9050 b nlr 57230002171 42 trill DEKf~y,STTY .211 NCB I,Id.FY_ 7. 09.9 ~ ~2 'SoY,.~i G9 t 01 as LFOCN D 0 94'fJ9050 AS/tTl 01--U--00(1^A MIA 1-01 „eJT S 1G 1 4S. 1', S _ Jp l8TTTf 2WA24rsMM001~0~0Q0 2 7 20 27617 009-1p~-ppq~21g2 14-01-85 1N EST Mi S CO 9999 9070 AN t1 27517 OF O TiC TT _yg9y _ ~7GIi '2 1 15 T T 1 12 6S 35 " RItC; -9944`9gQp~~Op 60 t76/'. SO 00-1 t2 76 mall ~1) J5 EEI 0999 W70 b/LTr _1.01.._. . 602 27:47 _ .~4_P1!}74t_ 12-L]~~.. !_HQSrlf~l_._?444.__V4.J13/S?Y . 1 1 1L.............-...-......._._-____....... ,.,.....it•~w;IF,..•+.F+.M.•+rm:;ai.'W.'~MaYi►SWF` M rF 1 I ~EE 1 CITY of DLNTON DENTON, TEXAS 76901 April 15, 1987. J . TO> Mayor and Members of City Council FROM: Victor Schneider, Tax Technician THRU: William J. Anderson, Controller ` SUBJECT: Approval of tax refund for Al & Jim McNatt 1 RECOMMENDATION: •>Tax Technician recommends that tax refund be issued. SUMMARY: Chapter 31, Section 31.11 of the Texas Property Tax Code "3Areq,.%ires the approval of the governing body of the tax- , unit for refunds in excess of $500.00. Taxpayers, Al & ' Jim McNatt are requesting a refund of the overpayment of their 1985 tax account number 3930-01202. BACKGROUND , , , Taxes were paid for Al & Jim McNatt by both the mortgage ' and title companies. Our records indicate a total of a: ,Nntir $2,478.28 was paid against a base of $1,239.19. The W difference of $1,239.14 is requested by Mr. McNatt. r'I ! FISCAL IMPACT: ,~1F isL t. 't" .en r,:.•,',; $1,239.14 to be refunded. ,G^v' Respectfully submitted, Mb Victor Schneider Tax Technician v, W. ay rson i. M Controll i , r' VS:GD:gd 4 ^ , P L p:,,^arop Tat Sondterd=I APPLICATION FOR TAX REFUND 31.1 Citv of art Collecting Office Name City of Denton Collecting Tax For; axing nits) 215~mainn Den on Texas 7 2 1 1 Address City, State, VI, Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpaver. F IDENTIFICATION OF PROPERTY OWNER: I Name: Al & 31m McNatt Address: 319 N. Locust 362-922 Telephone Number (if additional Information is needed): - i IDENTIFICATION OF PROPERTY: , Description of Property: A0?50A f`£F ~PRR :rant 8 8A c 8B Acres 5.924 - ~or Tax R4ceipt Number. Address or Location 0 1 Property. „ Account Number of Property. INFORMATION ON PAYMENT OF TAXES: Amount of Name of Taxing Unit Year for pate of the Amount of Tax Refund From Which Refund Which Refund Taxes Paid Requested Is Requested Is Requested Tax Payment - / t9 u_ S t 94_. S ` {:itt of FJPttt_O>D9 ~ / 19 S 1 ~4~--- S ` 2City oy°n19 85 S _ 1 19 S 3. t t Taxpayer's reason for refund (attach supporting documentation): , at the i "I hereby applylor refund of the abovedescribed taxes and certify thnformation I have given on thiaform A is true and re April 13, 1987 Date of Application for Tax Refund Signatur - r r - - - Disapproval -Approval DETERMINATION FOR TAX REFUND: w Date Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing 1. ImpAsonmenlof r ' Unit(s) for refund applications over $500 Any person who iti folio entry upon the1011goingrecordshalibesubject tooneofthefollowing Penaltids; not more than 10 yeah not less than 2 years and/or a fine of not more them $$,Coo or both such And and u4 to 1 year Ora fine mot to exceed $2,000 or both such fine and imprlwnmdnt as got prlaonment; 2. confinement In )all for aldrm Im r ti. f `rth I 8dctlon 31.10. Penal Code. COLLECTIONS R 30 "YL rv, } HEXTER FAIR TITLE CO. SELLER'SSTATEMENT tI 85 D 6TIr (05)Xh GF NO.:~----- January 2, 1485 Dale',_ Eddins Enter9risee IInc. AIL MCNstt and Jamea Ift"tt To: Sele From: Property Denton ntY 12.646 acres $ _6 87 8 _.I_ S 1 ~k G Sties Price REIMBURSEMENTS/CREDITS ITT Eptd~ST 1Jt7t~Y S 33 99.86 I ULf ProrationC CN ~ c~ 0 vC+=/~'~'~ ' $ Flood Insurance $ u f Sri t% Maintenance Chsrge_ Tax Proratlca from Escrowed accounts with Lender purchased by Purchaser $ S - $ 33,996.86 T07ALREIMBURSEMENTSICREDITS $ 61911,996- B6 GROSS AMOUNT DUE TO SELLER S " LESS: CHARGES AND DEDUCTIONS S d a Down payment or earnest money S y, ` Commlrsion 10 $ Filing Fees to County Clark t, Loan Charges and Fees Uue i • ; iJ~ • r Fee! to Hexter-Fei~TiS~e CoQ~Dnq qso~adsr 31 312.00 Ttlb PoIICY. Owner Restrictions ti r EaorOw---r---- S zsv ab _ ;v [ k x,", d Tax Certlticates: S - t ;zQ s a r' F` Stale end GountY- M ~S Survy fee to~itl~a.-~ e Attorney a tees for proDaretion of papers to $ r c' ti S1 i , y ( v ,y i` '4 t A.`.i , :ter i e f d HEXTER FAIR TITLE CO. . SELLER'S STATEMENT January 2, 1985 GF NO.! 11 85 D BS56'f''S I051kh Date: SelaFrOm;A1 WNW and James McNatt TaEddins Enterprleee Inc. Property Penton County 12.846 acres s x.878.000_.00 Sales Price ,k D S REIMBURSEMENTS/CREDITS Proralions: T.fflEF~ST ON EARZff1ST NIOty57X $ 33 996.56 ~ t^ "V S ~a1 c~ O vr~c~ Flood insurance Maintenance Charge- J S t 9 Tax Proration from to ` Escrowed accounts with Lender purchased by Purchaser 5 - - 33,996.86 $ TOTAL REIMBURSEMENTS/CREDITS $ 6,911,996.86 GPOSS AMOUNT DUE TO SELLER S - i 1 LESS: CHARGES AND DEDUCTIONS Down payment or earnest money $ Commiselon to S _ f Filing fees to County Clerk S Loan Charges and Fees Due to $ ,r Fees to Hexter•Falr Title Company / TRh Policy. Owner -31 - 212 . M mortoegk SleaDalr 31, 312.00 J^ 4; Escrow 100.00 Restrictions " Tax tt rtlficates: Denton 3985 - S a6q'so-' " ' State and County nenton i985 - S + -nl:_1a - ' y Citjl ; 1A an l~ = J , ~j i5ehdo] Denton 1968 S . n riff a 1unrlatee $ 3~+~.+---•~ s Survey fN 10 ,354 An ' Attorney's foot for preparation of papers to S - Malntenonce'Chorpes S ' State and County taxes for - $ City and School taxes for - $ c tee. ..rr riff +~inen'^ Notoollinowla.OrarPaid fn r' at so ~ interest From I /I /AS . r0 LIRA - t SOS'041('112 SI118 A 10 111 jij _ $ 1A RA W"" r y Tax proration from Rent proration 1rOm 1o S Peet Inepection Its to - - - $ Note retained by:-oller S $ r S 1 11 ,t i - 627 s~2.9s , 3 TOTAL CrtAROE8 AND DEDUCTIONS Net AMOUNT DUEWITO SELLEP ~3_Z94, 433.88 eanll Yhdlrglnda IM GIO/Y+q M ECtrew I M/ assembled 1hM Current y1et, aria in 1M avant of 1nP eMr1~ br eyfhnl f, ell naCelNfN M}ormat+an narllNnbnq tM Irlnladwn Prom 1I= I kllormalf" wn{e" /C~wlminu 0104 Mon DeMNn WOO tera/a site Tit10 CtimPanJ a01NI:H end CJM1dP~WrlniN PM aCCYrICWOO 1.Anyr Nl MIaN 1M YneerCiCpnld Mrepy IulhMlllf ' 1*1 Ciro agent p Nader YIvoIWd mly IYrnNhed a CeoY of t10 11181114 elpendllurn and Q1 soo 11burs~1 tl IMr+h ebOW ono IpOro+M MnN 1011 t ; ,l { fat el 04 DpWfi is 1 ngYUrla wAMOMOr►y olMlri~ r 1"lilt tot ioo~ueN"r Iris u o~uhiinewnabove end r1 towel olrelih°istswwi ' h` AL MCNATT~i Mi r..._ JAMES MCNATT W A DD L r' . , 'Male: Inletell on elnflnq UIM to figured to one dare dndueled. nod dd by Inert; eest# Prom r iovvIII rt MW to !)f I ' MheeMd Ind vDW lUlemeM wlld De edweded 10 have /ul7rc rMr funds Id !scuffs W leNelt P rbm im In1 t+ennodder. i : r.. r 0923L s P N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT j FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; j PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE- DATE. :WHEREAS, 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 i state law and City ordinances; and (I! WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and r y WHEREAS, the City Council has provided in the City Budget { for the appropriation of funds to be used for the purchase of fi v the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. # That 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 a being the lowest responsible bids for such items; BID ITEM NUMBER 40.' VENDOR AMOUNT 1 ~ ,4 r 9736 ALL DOWER GMC A 11, 46 1_ee ALL MOTOR TRUCK EOUIPMENT 59,1161_00 9741 ALL MOTOROLA COMMUNICATIONS_ O~~OAO.00 r is 974301 PRIESTER SUPPLY 7.770.90 w 'V 9743 7r- POLELINE U P Y E 700.60 "9716 ?23 IFFE PETROLEUM 1E.000.00 974# Tda3-6,10 WHITE MINE5 67.000.00 330,000.00 3AZM PUBLIC -9740 77ii REYNOLDS ASPHALT _ 75.000.00 SECTION It. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting thi bids for such items and agrees to iEf i r A" ~ 7 i 4 t furnishing of performance and payment bonds, after notification of the award of the bid, f { SECTION III. • 3 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 j 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, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and y improvements as authorized herein, the City Council hereby 1 authorizes the expenditure of funds in the manner and in the ,rr account as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. 'ta That this ordinance shall become effective immediately upon s tr,yaJ its passage and approval. PASSED AND APPROVED this the 21 day of _ April , 1987, dt.r RAY E MAYOR CITY OF DENTON, TEXAS : ATTEST'' S r, N G J x e r aa$ , JENNIFER WALTER"ITY SECRETARY to CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 4t`,t DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS F A . t t fP BY., TWO ;f itli ~1J DATE: APRIL 21, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council i s FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID# 9736 200000 LB TRUCK CAB/CHASSIS E SECOND AWARD RECOMIENDATION: We recommend this bid be awarded to the lowest responsible bidder, Dower G MC In the amount of $13,621.00 with delivery in 90 days. 1 SURORY: This bid Is for the purchase of a 20,000 lb. cab/chassis to replace a unit found to have a broken frame. This is the second truck taken out of service in our fleet of three "skyjacker" aerial bucket trucks in 10 days. " The Council approved the purchase of one unit on 4/7/87. Dower GMC has agreed to hold the same price for a second unit. 6 , y 9 4 BACKGROUND: Tabulation sheet FROG Ml1S. DEPARTAENTS OR GROUPS AFFECTED: x" Electric Distribution and Motor Pool e' t 1 ax ;,#Y FISCAL IItPACT: 1986/87 Budget Funds Account # 610-080-0232-9230 1986/87 Motor Pool Replacement Funds 720-004-0020-8707 ' Respect ul ly submitted: ra ~ , 1 Y. Harrell ,k~l -•a C1t Manager ~ r :A,A Prepared by. ?y Name: Tom D. Shaw, C.P.M. h Title! Assistant Purchasing Agent a,'I h } Approved: 4 yj am John J, Marshall, C.P.M. Title; Purchasing Agent ! ,N , 1 r ~ ~ I I I I 611 1 1 9236 1 BRRFF 1 DOWER I BILL UllER 1 I f flD la TRUCK CAB10ASSIS I CHEVRDLET I fiml I FORD I I l OPE4s£/ 313IIBI 2i8D P.M. I I I I I 1 Acdolll ! I I I I I I I I I I 1 I _.._...--•-•----.....1............. 1 -•---------I -I •I t : III I ITEM DESCRIPTION I VENDOR 1 VENDOR 1 VENDOR i VENDOR I VENDOR I 1 I •-.._._....I............. L........._..L.........................1 T I I 1II1I tril . 1 1 21,1811 FMC I I I I T I `d,•s f" I TRUCK CARICNASSIS 1 15,771.11 1 15,621.11 1 18,210.11 1 1 I t' I I I I I I ,v'I~ 1 I I I I 1 . • I ~i I I I I I 1 I I 611vory 1 181 DAYS 1 U-121 DAYS 1 55 DAYS I f 1 _ I, 1 I I I 1 I I I' I 1 1 I 1 1 I ~ 1 I I 1 ! I 1 t . M,wnvy.~,. _...~..~.~.~.w lww.vr rw.w.~...«..~._. . ~."^'_"^•.'"a+~Tf#M~M i y. ~Y z t. ~ . ter ;I ~ ~ + J ~ r i y A I DATE: APRIL 21, 1987 CITY COUNCIL REPORT j TO: Mayor and Members of the City Council FROM: Lloyd V. Harr0 1, City Manager SUBJECT: BIDN 9739 KNUCKLE BOOM CRANE j REC010.1ENDATION: We recommend this bid be awarded to the lowest most responsible -"-bidder meet specification, Motor Truck Equipment in the amount of $59,803.00. This crane will be mounted on an existing truck cablchassis. ' SUMMARY: This bid Is for the purchase of a Knuckle Boom Crane to be utilize d by the Electric Distribution Department. It will be mounted on the truck cab/chassis made available by the sale of the Dunham Digger unit. The lower price offered by Commercial Body Utility Equipment 111 do not meet specifications in length and capacity. The bid of B do M ruck Is " $1,221.00 less than the recommended bidder. The Fassl Crane offered has all metric fittings which has lead to extended downtime on the other Fassl crane we now have. We feel like the Eller Crane with all U.S. National Standard fittings Is worth the difference in downtime savings. 4 dT, i'k BACKGROUND: Tabulation Sheet PROGRAMS, OEPARTIIENTS_OR_GROUPS AFFECTED: Electric Distribution and Motor Pool FISCAL il>rACTs 1986187 Budget Funds Account d 610-080-0252-9230 1986187 Motor Pool Replacement Funds r y ff 4espectfu y submitted: Fx } At iF rrel r r 4 , Prepared by: t4 .it " i, • ~ a Name: Tom D. Shaw, C.P.Ai. 'r•s'' T1tle: Assistant Purchasing Agent Approved, ~9a hn Na hen~ C.P.M. T~t10i Purchasl g Ag by i3 r ' p L' I; T I i 1 I I I I I 1 PlD 1 1 4739 I NDTOA 8 6 N 1CDHHFRCIAL I DAVIS I UTILITY ! DAVIS I B E M I I DID TITLE krILN;MLE BOOM CR'RE I TRUCK I TRUCK I DOB I UIILITY I EDUIFMENT ! UTILITY I TRUCK I I OPENED' 301767 2:00 P.M. I EDUIPHENT I EOUIFKENT 1 CORP. I HYDRAULICS I I NYDRALILHS I EDUIFMENI I I ACCOUNT# I I I 11 I ! 12 1 1 I I I I I I I I ALTERNATE I I ' -------•--•-i 1 I ITV 1 ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR ! VENDOR 1 ...1 1.... I............. I............. I-------------I ----••----I-•----------_I .............1----------- -1-------••--•-I r 1 I I 1 ~ I i I I I 1 KNVCYLE DOOM CRANE 1 591BB3.11 1 58,582.81 1 46,556.11 1 45,680,11 1 51,593.11 1 61,427,01 1 31,439.01 I 1 1' ; 1 I I I 1 I I I I ! I , I MOUNTED ON OUR TRUCK 1 EFFER I FASSI I IKTCO i S.S. IND I PITMAN I B.S. IND I NATIONAL I l 1;R.. I; I I 341RM35 1 341.23 1 IBI26 1 234-252 1 426111 1 290-34.494 1 N85 I 1 ~ 1'" 1 I ! 1 I I ! ! ! "^.1. 1 I 1 I I I I I I ' I I DELIVERY A.A.I. 1 31 DAYS I ;1 DAYS 1121-151 DAYS 1 31 DAYS 1 91-121 DAYS 1 121 DAY 1 30 DAY I 1 e T I I 1 3 I 1 I I 1 .t f "1 I 1 I I I I I I' I 1 I I I I I I I l s.. PiJ rI W r J 1 A r . t~ MI . F . 'i l.1y{yj y.~y. Vr..,.~,..x_I{Mi'IYhM'YwMrwh.rYNIN ~.nm ..r-4..n.wwsgNGVP)~rW1~~I1~17~ Z Yrr'i'., 1 ~ J 1 s rti A d R ' r .r DATE: April 21, 1987 ."r CITY COUNCIL REPORT TO: Mayor and Members of the City Council ! FROM: Lloyd V. Harrell, City Manager SUBJECT: BID/ 9741 MOBIL RADIOS .4 . M C014IENDAT ON We recommend this bid be awarded to the lowest bidder, Motorola .i This is an annual bid and total estimated expenditures are approximately $48,000.00. A l A I . ' 1. M +f SUITIARY: This bid Is for the annual purchase of mobil radios for the Police, the Fire, and the Utility departments. Radios will be purchased as Warehouse Items on an as needed basis and charged to the using department. s, wt k BACKGROUND: Tabulation sheet ~,RANSy DEPARTMENTS OR GROUPS AFFECTED: I ~ x+e Warehouse Inventory and the other using Departments aa'' FISCAL IMPACT: 1986/87 Budget Funds for Capital Expenditures Ip s t. $ e,°*'''p t ; ' Respeetf l ly submitted: CA ZZI!11122114E rk ' 'q L1o V. Harrell City Manager yy „ 4 xsi Mlf, ` "w P epared by: kr ~M1 fl + ( Name: Tom D. Sgaw, C.P.M. Titto: Assistant Purchasing Agent Approved: ti A f f. + I f zff ii ame: John J. Marshall, C.P.M. TIt 1l1 Purchasing Agent 1 . M+ . [ 1ST T l r~I ! ' IW f A , ' L t I I i Lilt) 0 0 9111 1 L& 14U iM I 1'1[31010A F~ I 1 Lill) €111.1: 11€ LIII. RADIOli I I'.LF€;1kIC I C' € I: 1 I OPENED 4I7lf3! 2:0? €'.1#. 1 I;D. I Il'11 1 1 1 ANA INI 7311 ri4:K-Ci,°S)1G GI7019 I I 1 I I I I I k I G'IY 1 I'1I.N DESI:PII'TION I VI:.IdDUk I VI_P11)OR I VENDOR I VENDOR - - - - - - - - - - - - I I I 1 I t E. I 111C1I311_ RADIO 1116-174 1 11506.Oo I 1,4`16.00 1 1 I I I I I I 11.101111- RADIO '59.0-5(1 1 1,654.00 1 1 4464.90 1 1 i. I I 1 I I k 1110I.M. 12AD1O 39.0 50 1 1 1699.00 1 1 , 1956. DO I r fI I I I ! l 111ODII. PADIO 30-50 1 1v19'~.i~O 1 13115.0) 1 , f I I 1 I 1 I o f I DELIVERY 1 50 DAYS 1 60-10 DAYS I t t 1 1 1 04-95 DAY;) I I 1 3 E 1 I I l E 1 ! 1 I I t 1 `3' i I I 1 I 1 ( I I I 1 I ,v d ` r [ 'v k i Y1^' n 'p , 1 r Sr~~tt (Y 'kr pp a lpr'y 1 DATE: April 21, 1987 i CITY COUNCIL REPORT j i i TO: Mayor and Members of the City Council S FROM: Lloyd Y. Harrell, City Manager 1 SUBJECT: BID# 9743 CADIf: it2 TRIPLEK i RECOICENDATION: We recommend this bid be awarded to two vendors. Prlester Supply as the lowest bidder in the amount of $79770.90 with delivery in 90 days and also to Polellne in the amount of $8,700.00 with delivery in S days. Each vendor will supply 30,000 feet. SUIlMARY: This bid Is for 30,000 feet of overhead service drop cable. This quantity is an estimated 90420 day supply. Our recommendation to purchase the dual amount, 60,000 feet, is based on current delivery schedules, market Indications of rising cable cost, arA extended lead times. This material is Warehouse stock. A P ~ ' IA BACKGROUND: tabulation sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Working Capital Warehouse Stock N f iSCAL I11PAC : 1986/87 Budget for Warehouse Working Capital Expenditures Account Number 7104434382-8708. 11 M1 I ~ u, ry Respectfully submitted: ~J ti lit" 4;citiaVa0err? ~sr I" s o Y y ' Prepared by: Namet Torn D. Shaw, C.P.M. Titlet Assistant Purchasing Agent ft t r; I tilt" Approveds ~1 . E el* JoM y. Marshall, C.p.M. a ' r 11 t10 Purchasing Agent 1 a, U, 4r k. i;ti , I i I 1 1 I I I I I I I BID 1 1 9M 1 NELSON I DEALE85 I WESCO I TEMPLE I PRIESTER I CUMMINS 1 SRAYBAR ISOUIHNESIERN I .ELINE 1 ill TITLE LADLE 12 TRIPLEX 1 ELECTRIC I ELECTRIC I I INC. I SUPPLY I SUI'ELY I ELECTRIC I ELECTRIC I LECTRIC I OPENED WWI ZIBI P.M. I I I I I I { I I SUPPLY I ACCOON7I 111 1+] 1582 8718 I t I t I I t CO. I t t I 1 I 1 t ..................................I•---------•--------------- ---------•---i 1 1......•-----. 1 ' I' 11Y I IIEM DESCRIPTION 1 VENDCR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR I VEI400A I VENDOR 1 ...I - f------------- I............. 1------------- 1------------- I I------------- I------------- I------------- I------------- I I I I I I I I I I I t : I r 1 I 1 I f 1 I t 1. 1 311111' tALUKINUM 12 CABLE TRIF'LEYI 313.41 I 325.11 1 316.21 1 313.11 1 259,13 1 312,11 f 314,11 1 342.11 1 291.11 1 T. 1 t I I I f 1 I f i 1 dellrlry h dlys 1 61 1 2 1 14 I 11-21 1 71 1 7-11 1 3 1 31-45 1 3 1 I T F.D.D. Denton I i 1 X t f I I I t ` ,'~L' l I I i I I I t I 1 I ' ~ t` I I i I I 1 I X 1 I TOTAL 1 91112.11 1 91751.11 1 91486.11 1 91391.11 1 11171.91 1 91104.11 1 9,421.11 i 11,261,11 1 1,111.11 1 I I I I I 1 I I I 1 rk I l I I i X I 1 I 1 I 3 f t I I I I i 1 I I E . 1 -,1 1 I I I I I I I I 1 l , g i f I Y, 1 r , w...~«+......+rw..w..uw.++Wi~NA1AYuii9M~Fm.tw.i....r.,..... ..:w... e,.jwU I iMW4iNY' WaIM~..w+by.M.M+w..'++rn+r M.wNr+'.~w'.r..+n r y 9 y 1 . ] d ! r ` a d , P~ Syr r " t !y , aav t y, I DATE: APRIL 21, 1987 i CITY COUNCIL REPORT 1 1 TO: Mayor and Me nbers of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: BID ! 9740 ASPHALT, EMULSION & ROAD MATERIALS i RECOMMENDATION: We recommend this bid be awarded to the lowest most responsible bidder for each item as follows: Item 1 ACID Liquid Asphalt Not Awarded at this time (prices not firm) Item 2,3 Asphalt Emulsion Riffe Petroleum est. $18,000.00 est. ,000.00 I Item 4,5,6 Precoated Aggregate White Mines 150 i I Item 7 Type D Hot Mix Jagoe Public est. 130,000.00 { *Item 7 1'ype D Hot Mix Reynold Asphalt est. 50,000=00 t Item 8 Type D Hot Mix PICK UP Jagoe Public est. 1801000.00 Item 9 Type A Hot Mix Reynold Asphalt est. 25,000.00 i Item 10 Type FF Cold Lay White Mines est. 35,000.00 k * Alternate supplier to assure uninterrupted supply for Bond Program. i SUMMARY: This bid Is for the annual contract for supply of asphalt, emulsion and road materials. The lesser prices offered by Reynolds Asphalt and Sunmont F c. ' Corp. on Item 8 are unacceptable due to the expense in taking our trucks to their out of town plants. ' The lesser price offered by Sunmont Cot if. on Item 7 and Item a~ `.r' 9 is unacceptable due to the 24 yard minimum load delivery. This large load is not It, compatible with the lay down machines used for street patching. 13ACKGROUND: Tabulation Sheet 1~ * j 'N4 It. -d,AL r PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Street maintenance do construction. FISCAL IMPACT: 1986187 Budget Funds be 1987 Street Bond Funds Re tfully submi zeds a fl }Aw y arre , t onager c~ds ru I t^q.a S C t ' 6 am om Shaw, P.M. 76- C 4 w ~y' Titlet Assistant Purchasing Agent A oveds r." y~ I a met oh . Marshal , p %11 tler Purchasing Agent r• v 5 r r ~'V n 6l 1 t ; r I t I ; ; I 111 I 1 9110 I JADE I AEVNDLDS I SOUTHERN I VULCAN 1 RIFFE I FINA OIL I NRIEHT 1 EOHMANN 1 WHITE I SUNMOhT 1 Oil 1111E ASPHALT-EMULSION ROAD MA11 PUBLIC I ASPHALT I ASPHALT 1 I MATERIALS I PETROLEUM 1 1: CHEMICALS I ASFHALI I ASPHALT 1 i MIhES I CORP OPENED 111111 2:11 P.M. I i ;PETADLEUM CO.i E0. I 1 I 116hSIRUCTIGN 1 I ACCOUNTI I I I ; I i 1 I OF TELAS I I i t i I I I 1 ! ; t i-----------•-i--•--_-------i f _-_-1--------•----1 •--------•---i -------------i •-••----i---------•---1 • i QTY i ITEM DESCRtPIlON I VENDOR I VENDOR I VENDOR i VENDOR I VENDOR 1 VENDOR I VEIII fi 1 VENDOR 1 VENDOR I VENDOR i.. - i f I i I i I 1 I 1 i I I.' 1 SAL IACII LIQUID ASFHALI 1125.111104 1 1 .4365 I I 1 .5516 1 .1361 1 f 1 2.' 1 Ck ICRS-2 ASPHALT EMULSION 1 f 1 1 I 1.39 1 .$666 1 15251 1 1 1 3.' 1 SAi. 1052 ASFHALI EMULSION I I I I 1 11.39 1 .56b6 I .5241 1 1 1 1. 1' TON iPl-2 PRECOAIED ASKEW I I I i I I I I I 21.bA 1 5. 1 TON 111-1 PRECOA1El ASEREQAIE I I I I 23.80 I t I I 1 21.84 1 6. 1 JON IPD-5 PRECOATED ASSREEATE I I 1 t 23.11 1 1 1 1 1 21.L4 I T.' 1.. TON ITYPE D NOT Mll N.L. ASP t 24.11 1 24.11 1 1 28.11 1 1 1 1 26.50 1 1 21.5: 8. 1 TO, ITYPE D NOT M11 N.L.PICNUPT 21.51 1 1931 1 1 22.11 1 1 1 I 21.51 1 1 19.51 4r! i TON ITYPE D NOT All HA. BASE 1 24.11 1 21.25 1 1 21.00 I i I I I I 21.% Ill. 1 IN MPE FF NOT hit CL CRUSKI 1 1 1 28.11 1 1 1 1 26.51 1 26.14 1 ,I ' t I I i i i I I I I I ' 1 t t I I i I I t I DELIVERY I I I DAY i I DAY t 2 DAYS I I I DAY 1 l DAY I AS NEEDED 1 5 DA6 1 ~ ~ l r f t i I i i I 1 l I 1 1 I I i I t I t I 6,111 GAL I I 1 t t I I I I LOADS I I I y 1, ' I I I I I i ! 1 1 I T. , j. { 3~ I 1 1 y ,q . l(Wy1Y,+,WM~i.'r.rw.wf.sw.r s...• ..-.n.. w.~uyy'+r..1LIJ!.{...=r... •ri Fly h y;kp <e,"c I ti , r r //,16 0923L NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE WORKS OR W RDT OF CONTRACT ITS FOP P FUNDS THEREFOR; I~ANDDVPROVIDING R FOR IAN FOP EXPEND UF 1 EFFECTIVE DATE. tabulator WHEREAS* the City has solicited, receive and competitive bids for the construction of public 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 that the herein described bids are the lowest responsible bids for the construction of thebpdublic works or improvements described in the bid invitation, i proposal and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for described in ethenstruc ion of "Bid k public works or improvements, ions", "Bid Proposals" or plans and specifications attached k{'k hereto are hereby accepted and approved as being the lowest responsible bids:. AMOUNT a CONTAACTOIt BID NUMBER - iT mss,-~--- ~ , , , 9733 d '2y " r J• ,A SECTION II. 9 contract between the YeCity and tthe That the acceptance constitute and bids shall person submitting the bid for construction of such public works ~d improvements comply witherein all requirements specified intithesu person s shall to shalt l c raom mp Bidders including the timely execution of a written contract and i a purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. ( SECTION 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 contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes ti. the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written t contract made pursuant thereto as authorized herein. j SECTION V. li kr That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 21 day of April 1981. v RAY TEPHEN MAYOR _ ' CITY OF DENTON, TEXAS ATTEST: 5 ~ aY JENNIFER WALTER$ (III E ETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO r I i DATE: April 21, 1987 i CITY COUNCIL REPORT TO: Mayor and Members of the City Council t FROM: Lloyd V. Harrell, City Manager SUBJECT: BID/ 9733 CONSTRUCTION OF TENNIS dr BASKETBALL COURTS RECOMFIENDATION: We recommend this bid be awarded to the low bidder, Edwards ,1 s McDonald Co. of Plano, Texas for the lump sum amount of $55,782.00. i SUM MARY: This bid was prepared by Greg Edwards of Metroplex Engineering and Invitations were sent to several prospective vendors in Denton and the Metroplex. We received two acceptable bids as shown on the tabulation sheet. The Edwards McDonald Co. has experience in this type of construction and we feel they are fully capable of satisfactorily completing the job. BACKGROUND: Tabulation Sheet E ,sit PROGRAMS. DEPART14ENTS OR GROUPS AFFECTED: Construction of courts at Northeast Park in Denton as per the Capital Construction Program in the Parks and Recreation Department. { r i' ` :11 FISCAL IMPACT: i There is no additional Impact on the General Fund. Respectf ly submitted: E Lloy V. Harrell City Manager Prepared by: x r: ~ ~ f ` ! me: hn . Marshall, C.P.M. Title" urchasing Agent Approved: ~ I c .y!?a 0 ame: John J. Marshall, C.P.M. j 71t1B; Purchasing Agent • I p ' Y?C1;; 5~''~i4ti°.q r ::+r _ T S. ♦a...yp.,y W'm!m,SMM i F 1 i I I 111 1 1 9737 1 CALVERT J EDWARDS I ! I Ill IITLE TENNIS I BASVETBALL ENTS I PAVING I ACDONALD I I I i OPENEI 117187 2:11 F.M. 1 E0. 1 CO. I I 1 AECull 161-117-1`687-91/9 1 1 1 I t J 1 I 1 r E ------•-------...-------t-------------J------------- 1------------- 1-------------1 EI f t 8TY I IEEN DESCRJPIIDN I VENDOR I VENDOR I VENDOR I VENDOR 1 J-------------1------------- 1-------------i-------------1 J t 3 1 { i { f. ,l IDi INORfIJEA51 PARP IENRIS 1 I 69,101.11 1 551782.18 1 1 1 I JIASNEIBALL EDURIS I t J I 1 i I I 1 1 1 1 ALTERNATE I I 1 t I I liet subgrmde sq. yd. 1 2,11 1 2.25 1 1 1 I I lyd lime per tan 1 75.11 1 111.11 1 1 I ';I 1 I l I I 1 1 I t I 1 t I CUMPLETiUN TIME 1 121 DAYS I 111 DAYS I I `1 I l I I 1 I T bid bona 1 yes I yes I I I ;I I I 1 1 ''L 1 I t I I I t I i I I ?1 1 1 I 1 ! .~.r.,.~._.._._r._......,...«....s...~.....,..+,e.ra...v.ev+..,..,.....-.._.....,.,.......__-. ---....,...::,.w..w..W.n.,rr.aw Lei' ~4 1 4 r { CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1987, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO ! THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON i J We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 21ST DAY OF APRIL, 1987, u at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: T Jennifer K. Walters, City Secretary Ray Stephens, Mayor Jim Alexander Bob Gorton Linnie McAdams Randall Boyd Jane Hopkins Hugh Ayer and all of said persons were present, except the following .F ~ absentees Luting a quorum. Whereupon, among other business, he foll wi ing was transacted at said Meetings a written ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF a.` CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1987, ' a`r LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING ' i' INSTRUMENTS AND PROCEDURES RELATING THERETO was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following votes AYESs All members of said City Council shown present above voted "Aye". NOESs None. 2. That a true, full, and correct copy of the aforesaid ~Y Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this -`r Certificate; that said Ordinance has been duly recorded in said L } City Council's minutes of said Meeting; that the above and II` 4 s foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. IS I, 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute the signing of the attached and following copy of said ordinance for all purposes. SIGNED AND SEALED the 21st day of April, 1987. o ~ C r City Secretary Mayor •e 1~ Tn ,:Fry 44 i, ~k (SEAL) a - - - - - - - - - - - - - - - - - - - - - - - - <¢7 f yeti 'y r a: We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas r hereby certify that we prepared and approved as to legality the r a attached and following Ordinance prior to its passage as aforesaid. r _ City Att ney Boon Attorneys 1 Tor rtia v4Y t,' f y ii i i 3 ORDINANCE NO. 87- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF f DENTON GENERAL OBLIGATION BONDS, SERIES 1987, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on DECEMBER 13, 1986; and WHEREAS, it is necessary and advisable to authorize, issue, and deliver part of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex. Civ. St. Articles 823 and 1175, and the City's Home Rule Charter. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $3,500,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WITt $1,175,000 FOR STREET AND TRAFFIC CONTROL IM- PROVEMENTS; $890,000 FOR DRAINAGE IMPROVEMENTS; $1850000 FOR EXPANSION OF THE CITY ANIMAL CONTROL CENTER; and $1,250,000 FOR PARK IMPROVEMENTS, INCLUDING ATHLETIC FIELDS AND NEIGHBORHOOD AND SENIOR CITIZENS COMMUNITY CENTERS. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designatedt "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1987`, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in install- ments of principal (the "Initial Bond"), but the initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bands, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 y or any integral multiple of $5,0000 all in the manner herein- after provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all i 1 R, substitute bonds exchanged therefor, as well as all other G substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. i 3 { (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated APRIL 1, 1987, in the denomination and aggregate principal amount of ;3,50000000 numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) ,,f.. may be converted and exchanged for other Bonds, (iv) shall have a the characteristics0 and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indi- cated, in the FORM OF INITIAL BOND set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respec- tive dates of prepayment or redemptijn, of the installments of principal of the Initial Bond, and said interest shall be .r payable, all in the nanner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in thia Ordinance. section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Bond of tho Comptrol- ler of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: 2 1 r ~ 1 l f a . `r FORM OF INITIAL BOND NO. R-1 $3,500,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1987 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, r I" hereby promises to pay to `r 9 or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner ) the aggregate principal amount of ;3,500,000 (THREE MILLION FIVE HUNDRED THOUSAND DOLLARS) in annual installments of principal due and payable on JULY 1 In eech of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL YEAR AMOUNT PRINCIPAL YEAR tAMOUNT 1 ti°'c T= 1988 ;175,000 1998 $175,000 a 1989 1750000 1999 175,000 1990 175,000 2000 175 000 991 92 175,000 2001 175,000 % 1993 175,000 2002 175,000 19 175o000 2003 1750000 I}` 1994 175,000 2004 175,000 1995 175,000 2005 175,000 1996 1750000 2006 1997 175,000 2007 175,000 175,000 and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: Y. C 4 i .1 r• J il 3 3 i i d per annum on the above installment due in 1988 i per annum on the above installment due in 1989 i per annum on the above installment due in 1990 t 9 per annum on the above installment due in 1991 1 per annum on the above installment due in 1992 5 per annum on the above installment due in 1993 9 per annum on the above installment due in 1994 v 0 per annum on the above installment due in 1995 % per annum on the above installment due in 1996 6 per annum on the above installment due in 1997 6 per annum on the above installment due in 1998 9 per annum on the above installment due in 1999 1 per annum on the above installment due in 2000 4 9 per annum on the above installment due in 2001 8 per annum on the above installment due in 2002 8 per annum on the above installment due in 2003 9 per annum on the above installment due in 2004 8 per annum on the above installment due in 2005 i per annum on the above installment due in 2006 1 per annum on the above installment due in 2007 li with said interest being payable on JANUARY 1, 1988, and semi- annually on each JULY 1 and JANUARY i thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the services of MPANX DALLAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all princi- pal of and interest on this Bond shall be made by the Paying r'ls Agent/Registrar to the registered owner hereof on each princi- pal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/ Registrar, as hereinafter described. The Issuer covenants with the regis- tered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make avail- able to the Paying Agent/ Registrar, from the "Interest and I 4 Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. ? IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the ! Constitution and laws of the State of Texas FOR THE PURPOSE OF 1 THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: #1,175,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; $890,000 FOR DRAINAGE IMPROVE- MENTS; $185,000 FOR EXPANSION OF THE CITY ANIMAL CONTROL CENTER; and ;1,250,000 FOR PARK IMPROVEMENTS, INCLUDING ATHLETIC FIELDS AND NEIGHBORHOOD AND SENIOR CITIZENS COMMUNITY CENTERS. ON JULY 1, 1997, or on any interest payment date there- after, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the k option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular s portion of this Bond to be prepaid or redeemed shall be se- lected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of ,y ;5,000) , at the prepayment or redemption price of the par or ~r• principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which io to be so prepaid or redeemed, thereby automatically shall be 1 5 f i s treated as prepaid or redeemed prior to its scheduled due date, 3 and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- r est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of ;5,000, %nay be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment by ` the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of ;51000, to the ` assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment i satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (whicli then C will be the new registered owner or owners of such new Bond or L~ Bonds) or to the initial registered owner as to any portion of Jr' this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next par.1graph hereof for the conver- sion and exchange of this Bond of any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bend to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. r, AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a. like I f ~ V t a aggregate principal amount of fully registered bonds, without t interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any t integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance, If this i Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- dr ing to the due date of the installment of principal of this s Bond or portion hereof for which the substitute bond is being iJf exchanged, and shell bear interest at the rate applicable to and borne by such installment of principal or portion thereof. I Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the y corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated y4 principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, 'x THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, rw3 subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or ` governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of bus less on any Record Date and ending with the opening of busir..ss on the next following principal or interest pr%vmint date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. 7 IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer. resigns, or otherwise ceases to act as rY such, the Issuer has covenanted in the Bond Ordinance that it t., promptly will appoint a competent and legally qualified sub- r stitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of •;his Bond, to y7 N a 7 4 1. ,r fi at St ~ . G' 'p IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, ! and deliveredf that all acts, conditions, and things required E or proper to be performed, exist, and be done precedent to or in the authorization, i93cance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the issuer, issued on the full faith and credit thereoff and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit pre- scribed by law, r, BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond ordi- nance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated APRIL 1, 1987. city Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) ,y V. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTSr it9 a COMPTROLLER'S REGISTRATION CERTIFICATE] REGISTER NO. 'r I hereby certify that this Bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. . ,k G ,d 8 ,141 Y.•.f: A' Y r n r ' .'4o'9ty 1 1' 1s Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6, ADDITIONAL CHARACTERISTICS OF THE BONDS. Re isis tration and Transfer. (a) The Issuer shall keep or cause a kept at tie principal corporate trust office of MBANK DALLAS, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registr W-in and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/ Registrar shall make such i transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein providedi but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and ' cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent/ Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond, or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided, The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and r I x n; i 9 delivered in conversion of and exchange for the Initial Bond s shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter { stated that each substitute Bond shall have a single stated principal maturity date}, shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial ; Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in I exchange for any portion of the initial Bond shall have a single stated principal maturity date, and shall not be payable in installmentsi and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and trans- ferred, there shall be delivered to and registered in the name ! of the initial registered owner substitute Bonds in exchange for the unassigned balance of the initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. 6 Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or i the previous registered owner in case only a Bonds), or to anaferred 9 gned and tr portion of a Bond is being assigned , all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below# for the conversion and exchange of Bonds by any registered + owner of a Bond. The issuer shall pay the Paying Agent/Regis- trar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. 10 f i i r i The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Pa ment of Bonds and Interest, The Issuer hereby s further appoints the Paying Agent Reg stray to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. (d) Conversion and Exchan a re Re lacement Authenti- cation. Each Bond issue an a vre pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees `r thereof, or its or their duly authorized attorneys or represen- tatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be con- verted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTI- TUTE BOND set forth in this ordinances in the denomination of ;5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed li . ':a 1 principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, e assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for 1 cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the lamb rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein and each bond delivered in conversion of and exchange forlorrreplacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery fany substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be authenticated by the Paying Agent! Registrar, but on each E r 12 M , t ~i substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this ordinance 1 there shall be printed a bond, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued 6 under the provisions of the Bond ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. MBANK DALLAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representat ve An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surren- dered for conversion and exchange or replacement. No addition- al ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or } replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying AgenU/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was r.-4 issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one re- questing any such transfer, conversion, and exchange shall pay 13 ' l t 3 any taxes or governmental charges required to be paid with respect and exchange. to the e Paying exercise Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this ordinance, (f) Payment of Fees and Charges. The issuer hereby covenants with t e re-~ gistered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when t due, and (ii) pay the fees and charges of the Paying Agent/ Registrar for services with respect to the transfer of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Pa in A ent/Re istrar. The Issuer covenants w t U e reg stere owners o t e Bonds that at all times while the Bonds are outstanding the issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,, acquisition, or other method) should resign or other- f wise cease to act as such, the issuer covenants that promptly i 14 33` t s it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regis- tray designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a x written notice thereof to be sent by the new Paying Agent/Regi- strar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this ordinance, and a certified copy of this ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any it other Bond or portion thereof, including the form of Paying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are per- mitted or required by this Ordinance. FORM OF SUBSTITUTE BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1987 INTEREST RATE MATURITY DATE CUSIP NO. ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a a political subdivision of the State of Texas, here',3y promises to pay to or to the registered assignee hereof (either being are nn ter. called the "registered owner") the principal amount of and to pay interest thereon from APRIL 1, 1987, to the maturity E date specified above, or the date of redemption prior to t I~I n p.. I 15 maturity, at the interest rate per annum specified above: with interest being payable on JANUARY 1, 1988, and semiannually on each JULY 1 and JANUARY 1 thereafter, except that if the date ¢ of authentication of this Bond is later than DECEMBER 150 19871 u such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (herein- after defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection .,harges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of MBANK DALLAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/ Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the resolution authorizing the issuance of the Bonds (the "Bond ordinance") to be of deposit with the Paying Agent/Registrar for such purpose as hereinafter providedl and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th of the month next preceding each such date (the "Record Date") on the Registra- tion Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/ Registrar. The Issuer cove- nants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. ='+1. IF THE DATE for the payment of the principal of or inter- eat on this Bond shall be a Saturday, Sunday, a legal holiday, I 16 i r or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall } be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. j THIS BOND is one of an issue of Bonds initially dated APRIL 11 1987, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of ;3,5000000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: ;11175,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTST $890,000 FOR DRAINAGE IMPROVEMENTS; $1850000 FOR EXPANSION OF THE CITY ANIMAL CONTROL CENTER; and $1,250,000 FOR PARK IM- PROVEMENTS, INCLUDING ATHLETIC F-ELDS AND NEIGHBORHOOD AND SENIOR CITIZENS COMMUNITY CENTERS. 'a ON JULY 1, 1997, or on any interest payment date there- after, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of ;5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial publication, journal, or reporter of general circulation I among securities dealers in The City of New York, New York * (including, but not limited to, The Bond Buyer and The Wall J; Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond$ and it is hereby specifically provided that the publication of such notice as required above shall be k.. the only notice actually required in connection with or as a 17 1 prerequisite to the redemption of any Bonds or of. By the date fixed for any such redemption due enions there- shall be made with the Paying Agent/Registrar for th paymn et of the required redemption price for the Bonds or portions thereof which are to be so redeemed thereon to the date fixed for redempt o ln.s if rsuch iwritten notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their Scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of ;5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance, { THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN f N GRAL MULTIPLE OF ;5,000 may be assigned and shall betrans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance, Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment of th-a Bond or aiy portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portiona hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representa- tive,to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which registered owner or owners of suchnewBondeorwBondee the to the previous registered owner in the case of the assignment and transfer of only a by the Paying Agent/Registrar iin conversion of andbexchangerfor this Bond, all in the form ane manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall standard or customary fees a andhechargesg forenmakin1stra 4 such s transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. ,te Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of , business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ( ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of ;5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or th,3 assignee or as- signees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $50000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for trans- ferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governme,:tal charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the i opening of business on the next following principal or interest r payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it I V I 19 r i promptly will a tuts therefor ppoint a competent and legally qualified substi- to be mailed to athe promptly will cause written notico thereof registered owner4 of the Bonds. Bond HEREBY and co,,enanted that this and delivere that all acts y voted, authorized, Issued, sold, or proper to be performed, existcons and ndand betdone things required in the authorization, issuance, and delivery of this Bond hav been performed, existed precedent to or that this Bond is a , and been done in accordance with laws general full faith and credit ~hibligatlon of the Issuer taxes sufficient d reof issued on provide for tie that annual ad valorAm f, avd principal of this aond nt of the Interest on s as such interest } principal mature comes due and such against all taxablehave been levied and ordered to be levied leded s scribed b rrevocabl• property pa the Issuer, and have been a, y law, 1 for such Yment, within the limit pre- "r By BECOMING the registered owner of this Bond r , tared owner thereb siona of the Bond Ordin~oweedaes all of the termsande regis- Provi- and provisions, acknowledges thatetheoBondb Ordinance1in d ly it recorded and rvailable for inspection in the Official " and records of the that the terms and governing body of the Issuer, and agrees „ that constitute a provisions of this Bond and the Bond Ordi- hereof and the Issuer~nt=act between each registered owner t. IN WITNESS WHEREOF, the Issuer has caused this Bond signed with the facsimiles signature of the Mayor of the Issuer and countersigned with the facsimile signature of the citybe Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on % this Bond. facsimile signature) C ty ecretary, facsimile si natureL City of Denton, Texas Mayors City of Denton, Texas (CITY SEA.t) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CEMTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued 3 under the provisions of the Bond Ordinance described in 4his Bondi exchangedfor that or this Bond has ben eplaceent of a bond# bond d conversion bs, or a f and portioon of a 20 R Mif1P 1 i bond or bonds of an issue which -iriginally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. r MBANK DALLAS, NATIONAL ASSOCIATION, 3 DALLAS, TEXAS Paying Agent/Registrar w • Dated By Aut 0_r=2e Representa~ tTve FORM OF ASSIGNMENTS ASSIGNMENT FOR VALUE RECEIVED, the undersigned .egistered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to i f 7Asssi `nears SoTl-" 9 (print or typewrite Assignee's name en3 Security or Taxpayer address, including zip code? Identification Number} i ~ and hereby irrevocably constitutes and appoLnEs' attorney to transfer the registration o t s Bon on the Paying Agent/Registrar's Registration Books witt full power of ' substitution in the premises. Dateds Signature Guaranteedo NOTICEi This s gnature must be Reg si teriT 6'r e. guaranteed by a member of the NOTICES This signature must New York Stock Exchange or a correspond with the name of commercial bank or trust the Registered Owner appear- company, ing on the face of this Bond. Section 8. TAX LEVY. A special interest and Sinking Fund (the "interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fand shall be established and maintained by the Issuer at an offi- cial depository bank of the issuer. The interest and Sinking Fund shall be kept separate and apart from all other funds itnd >hi r 21 } i accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds :hall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and s produce the money required to pay the interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2♦ of the original principal amount of the Bonds as a sinking fund each year): and - said tax shall be basest on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be aasessed and collected each such year and deposited to the credit of the aforesaid In~.erest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, " as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. III Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of { this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any reysired notiefi of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvastment, of suffi- cient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, 22 s the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. + 'd (b) Any moneys so deposited with the Paying Agent/Regis- 1 trar may at the written direction of the Issuer also be in- vested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for tho payment of the Bonds and interest 3 IIE thereon, with respect to which such money has been so de- posited, shall be turned over to the Issuer, or deposited as directed in writing by the issuer. (c) The term "Government obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. VAMAGED, MUTILATrD, LOST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damage di mut ated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal a-iunt, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Arplication for replacement o damage op mut ate , lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furn'.sh to the Issuer and the Paying Agent/Registrar evidence to their . '7 satisfaction of the lose, theft, or destruction of such Bond, r• 23 i as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or muti- lated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Sect on, n the event of any such Bond shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the i payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section, (d) char 9e_for Iasuin Replacement Bonds. Prior to the issuance any rep acement ond, t e Pay ng Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of 01.s Section by virtue of the fact that any Bond is lotf:, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall j he found at any time, or be enforceable by anyone, and shall be orktitled to all the benefits of this ordinance equally and proportionately with an Y and all other Bonds du this ordinance. duly issued under (e) Authorit for Issuing .__Replacement Bonds. In accor- dance with Section 6-61 V rno s Ann. Tex. C v. St. Art. 717k-6, this Section of this Ordinance shall constitute author- ity for the issuance of any such replacement bond without E necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/ Registrar* and the Paying Agent/Registrar shall authen- ticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds iss~.jd in conversion and exchange for other Bonds. Section 12. COVENANTS REGARDING TAX-EXEMPT STATUS OF BONDS, The Issuer hereby covenants to take 6uC action or regain from such action necessary to ensure the status of the Bonds as obligations described in section 103 of the Inter.oal Revenue Code of 1996 or any predecessor thereof. In particu- lar, but not by way of limitation, the Issuer covenants t.s follows r (a) None of the proceeds of the Bonds (including { investment earnings thereon) will be used, directly or 24 indirectly, in the trade -r business of a person, other than the Issuer. For purposes of the foregaing, ant- use of such proceeds in any manner contrary to the guidelines set forth in Revenue Procedures 52-14 and 82-15, 1982-1 C.B. 4590 460, or any amendments, revisions or supplements thereto, shall constitute the use of such proceeds in the ` trade or business of such person; I (b) None of the proceeds of the Bonds (including investment earnings thereon) will be used, directly or indirectly, to finance loans to any persons; (c) Not by way of limitation, the issuer will take such action or will refrain from any action which would " adversely affect the exemption from federal income taxa- tion of the interest paid on the Bonds, including without limitation any action that would permit any of the Bonds to be treated as "private activity bonds" within the meaning of section 141 of the Code or as "federally guaranteed' within the meaning of section 149(b) of the Code, and will take, or require to be taken, such acts as may be reasonably within its ability and as may from time to time be required under applicable law or regulation to continue to cause interest on the Bonds to be excludable from gross inco.ae of the holder, including the preparation and filing of any statements or information reports required to be filed by the Issuer in order to maintain the tax-exempt status of the interest on the Bonder and (d) The Issuer has not taken, has no present inten- tion of taking any action and knows of no action taken or intended which would cause interest on the eouds to be includable in the gross income of any bondholders for ;e federal income tax purposes. - Section 13. COVENANTS REGARDING ARBITRAGE. (a) A Rebate Fund is hereby esta6lie-Fad by the Issuer. 5+l: Pend shall be for the benefit of tFe united States of America. The Rebate Fund is established for the purpose of compliance with section 148 of the Internal Revenue Code of 1986 (the Code"). (b) At the close of each "Bond Years" the Issuer shall compute the amount of 'Excess Earnings," if any, for the period beginning cn the date of delivery of the Initial Bond and ending at the close of such "Bond Year" and transfer to the Rebate Fund an amount equal to the differences if any, between the amount than in the Rebate Fund and the Excess Earnings so computed. The term "Bond Year" means with respect to the Bonds each one-year period ending on the anniversary of the date of delivery of the initial Bond. If, at the close of any Bond 25 xvq~, I I Year, the am.vint in the Rebate Fund exceeds the amount that would be required to be paid to the United States of America { under paragraph (d) below if the Bonds had been paid in full, such excess may be transferred from the Rebate Fund and paid to the Issuer. (c) In general, "Excess Earnings" for any period of time means the sum of (i) the excess of (A) the aggrcgatj amount earned during such period of time on all "Nonpurpose Obligations" (includiaq gains on the disposition of such Obli- gaticns) in which "Grose Proccids" of the issue are invested (other than amounts attributable to an excess described in this subparagraph (c)(i)), over i (B) the amount that would have been earned during such period of time if the "Yield" on such Nonpurpose obligations (other than amounts attrib- utable to an excess described in this subparagraph E x 1c) (I)) had been equal to the yield on the issue, plus ? (ii) any income during such period of time attrib- utable to the excess described in subparagraph (c)(i) above, "Excess Earnings" will not include amounts, if any, which need oot be taken into account under the special rules of section 148(f) (4) (A) and (B) of the Code relating to bona lido debt service funds and the six-month temporary investment period. The terms "Nonpurpose Obligations," "Gross Proceeds" and "Yield" shall have the meanings prescribed by section 148 of the Code and shall be applied in the manner prescribed In such aection. (d) The Issuer shall pay to the United States of America at least once every five-years an amount that ensures that at least 40 percent of the Excess Earnings from the date of delivery of the Bonds to the close of the period for which the payment is being made will h,,,ve been paid. The Issuer shall pay to the United States of America not later than 60 days after the Bonds have been paid in full 100 percent of the amount then required to be paid under section 148(f) of the Code as a result of Excess Earnings. (e) The Issuer shall keep such records as will enable the Issuer to fulfill its responsibilities under. this section and ki Z6 j a i section 148(f) of the Code and shall retain such records for at ` least six years following the final payment of principal and interest on the Bonds. (f} The Issuer will not use any portion of the proceeds of the Bonds "directly or indirectly to acquire "higher yielding investments, or to replace funds which were used directly or indirectly to acquire "higher yielding investments." The term higher yielding investments means any investment property (as ) defined in section 148(b)(2) of the Code) which produces a 3 yield over the term of the issue which is materially higher ! than the yield on the issue (as defined above). The foregoing limitation on higher yielding investments shall, not apply to 11) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the bonds are issued, or (2) amounts invested in a bona fide debt service r fund if the gross earnings on such fund are less than $100,000 in any bond year. a (g) The Issuer covenants to restrict the use of Initial Bond proceeds in such manner and to such extent, as may be necessary, so that the Bonds will not constitute arbitrage bonds under section 148 of the Code. Any authorized represen- tative of the Issuer having responsibility with respect to the issuance of the Bonds is authorized and directed, alone or in conjunction with any other official, employee or consultant of the Issuer to give an appropriate cortificate on behalf of the Issuer, for inclusion in the transcript of proceedings for the Bonds, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to section 148 of the Code and, to the extent applicable, section 149(d) of the Code. (h) The requirements of this Section are subject to, and shall be interpreted in accordance with section 148 of the Code. Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS) BOND COUNSEL'S OPINION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings F pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General of the State of TeYss, and its registration by the Comptroller of Public Accounts of the .tote of Texas. Upon } registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said 27 i comptroller) shall manually sign the Comptroller's Registration Certtficate on the Initial Bond, and the :,9al of said comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replace- ment of any Bond, out neither ehall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. 3 Section 15. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to , for cash or the par value L ereo and accrue interest thereon to date of delivery, plus a premium of $ . It is hareby officially found, deter- mined, and declaf-e tTiat the initial Bond has been sold at public sale to the bidder offering she lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated March 31, 1987, prepared and distributed in connection with the sale of the initial Bond. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby approved. it is further officially found, j determined, and declared that the statements and representa- tions contained in said official Notice of Sale and Official l Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 14. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary Secretary of the issuers and all other officers, employoia, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowl- edge, and deliver in the name and -ander the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mer.tior,ad, as may be necessary or desirable in order to carry out tha terms and provisions of this Bond Ordinance, the Bonda, the a::le of the Bonds, and the Notice of Sale and Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. ~r i k 28 1773L 1 NO. j AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON HIGHWAY 77 FROM ITS INTERSECTION WITH INTERSTATE 3S-E SERVICE ROAD 3UO FEET WEST OF ITS INTERSECTION E WITH ORR STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED I TWO HUNDRED DOLLARS ($200.UO); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r' SECTION 11 Based upon an engineering and traffic investiga- tion heretofore made as authorized by the provisions of Section 169, Article 07uld, V.T.C.S., the following prima facie speed limits for east and west bound traffic on U. S. Highway 380 are hereby determined and declared to be prima facie reasonable and j safe, and such speed limits are hereby fixed for vehicles traveling upon the following named highway, or parts thereof: c, Location Extent Speed Limit rl' r y; A. On Highway 77 beginning from its inter- 45 Miles Per Hour section with Interstate 35E Service Road and continuing eastward for a total distance ~ x of 0.30 miles. B. On Highway 77 Beginning 0.30 miles east of 55 Miles Per Hour its intersection with I-35E ' v.. Service Road and continuing eastward for a total distance of 1.65 miles. C. On Highway 77 beginning 1,9S miles east of 4S Miles Per Hour its intersection with I-3SE f Service Road and continuing eastward to 300 feet west of Orr Street for a distance of O.SO miles. s SECTION II. An individual adjudged guilty of exceeding this speed limit, when signs are erected giving notice thereof, shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200400). Y vk ;i . a' t ` I . .xn xaq 1 •r..roY a5na. ,R% r.% u` r 5, ' q. .f I' SECTION IYI. That if any section, subsection, paragraph, sentence clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holuing shall not affect tLe validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such inveltdity. SECTI03 IV. That this ordinance shall become effective fourteen TTTj-rays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Dentol, re::s, wirhin ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1987, r 44 ° rod r „ t x n CITY OF DENTON, TEXAS S kfr I,t ~`P d` ` I+ ATTEST: y C .I' E JENNIFER 1 r"' ? ACTING CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITC}i, CITY ATTORNEY r~ CITY OF DENTON, TbYXS 1 { 1 L4 L / t 1 ( ti.i BY: T~ ~ Y y1 1' Y 1 r PAGE TWO er n• > F 1 "ff . 1 Is':P '1 ' -~~~.x.d>•.•nsw.w.p •w+`.r..Wtlwv .e A♦+.RN,aq c...z..-v ,.W. n.. , p,e` .1 M.Wi,w•...... . rr,,y.y,,, ~ c 1^ b f M I , i CITY of DENTON / 215 E. McKinney l Denton, Texas 76201 ~ t<iEMr~NA*:UUM l DATE: January 27, 1987 TO: CITIZEH3 TRAFFIC SAFETY SUPPORT COMMISSION FROM: Paul lwuchukwu, Traffic Engineer Associate SUBJECT: Speed zoning of Highway 77 from 1-35 tc, Orr Street; The City of Donton has completed the above speed zone study -'i with State Department of highway and Public Transportation ;111 input to regulate Highway 77 from 135 to Orr Street. Three speed zones are identified: as 45 'e;PH from 135 to the point 0.30 miles east ekf I-35, both directions. Zone length is 0.30 miles. 55 MPH from the point 0.30 miles east of 1-35 to the b, point 100 ft. west of Fallmeadow, both directions. Zone length is 2.65 miles. a ` 45 MPH from the point 10U ft. west of Fallmeadow to r. the point 3UU ft, west of Orr Street, both ' directions. Zone length is 0.50 miles, The speed limits were s.t based on analysis of roadway conditions, accident records, and prevailing speed of prudent > KE drivers, fi Staff recommends approval, Pa 1 Iwuchukwu Traffic Engineer Asr,)ciate 0436E ~i s f r Vin. 4 t .•}Ili page 6 of 9 pages i STAFF RECOMMENDED: Approval COMMISSIONERS: Virginia Gallian made a motion te.) approve the school zoning as indicated. Mike Amador sec,)ndcd t'ie motion. Motion passed unanimously. IT.:M #6 SPEED ZONING OF STATE HIGHWAY 380 FROM BELL AVENUE TO FSy 7 TOM- Paul Iwuchukwu presented a viewgraph indicating placement of speed zone signs. Three speed zones were identified: a. 30 MPH from Bell to the point 250 it, west of Frame Street, both di;ctctions. Zone length is 0.10 miles t' b. 40 MPH from the point 150 ft. west of Frame to t the point 540 ft. west of Redwood Street, both directions. Gone length is 0.90 miles. c. 45 MPH from the point 540 ft. west o: Redwood to the point 120 ft. east of May:,ill ooth directions, Zone le.igth is 1.80 miles. The speed limits were set eased on analysis of roadway conditions, accident records, and prevailing r't ( speed of prucent drivers. b;Y lz STAFF RECOMMENDS: Approval COMMISSIONERS: Gene Gohlre made a motion to approve the speed zoning as indicated. Dnris Chipman seconded the motion. Motcon passed unanimously. ITEt4 17 F Sp m :30N1N.O;OF H:0 HAIi Y 77, FROM Ii-31. ~b;t7RI~ TR E9'# s' Paul Iwuchukwu said the City of Denton has completed the abovo speed zone study with State Department of Highway and Public rransportation inpat to regulate Highway 77 from 135 to Orr Street, three speed zones rot r, „ are identified: y t4 a. 45 MPH from 135 to the point 0.30 milea cast of r I-35, both directions. Zane length is 0,3o miles. Ir o. 55 MPH from the point 0.30 miles east of t-35 to r ` the point 100 ft, west of Fallmeadcuw, both directions. Zone length is 1.65 miles. c. 45 MPH from the ;ioint 100 ft. west of Fallmeadow to the point 300 it, west of Oct Street, uotn directions, Zone length is 0.50 miles. r,• y j p_; t r T'r •Y 1 1 ~'A1(F.I.vV v.~a . r~♦ r t..l.:..r I•.. . A'.1 v.:r. , aY 9..'I 'INF1 r. 1MI lINIa~ 4 i. i page 7 of 9 pages The speed limits were set based on analysis of roadway conditions, accident records, and prevailing j speed of prudent drivers. f Doris Chipman asked if 45 mph was too high, Mike ° Amador asked about reducing the south side to 30 mph because of sight distance. Gilbert Be-stein said it would have to be the same on both sides, Paul Iwuchukwu said he would have to check with the State Department and see if they would allow a 30 mph speed zone on one aide. ff STAFF RECOMMENDED: Approval ! COMMISSIONERS: Gene Gohlke made a motion to accept the staff recommendation of 45 mph as indicated. Mike 0.mador seconded the motion. Motion passed unanimously. ITEM #8 RE 'JES'T FOR "NO PARKING FROM HERE TO CORNER" SIGNS ON x ROBERTS STPEET AT R_o8ERT5 AND BELL INTERSECTION' Paul Iwuchukwu presented a viewgrapn indicating the s r ! location. He said the intersection of Bell Avenue and Roberts Street bas experienced increasing packing problems. People park on both sides of Roberts Street at times up to 5 feet from the intersection. This has created a blind corner for people exiting Roberts Street especially during rush hours. The Northeast Denton Citizens Association naa requested the placement of two "No Parking From Here ' To Corner" signs, one 75 feet from Bell Avenue on the r south side of Roberts Street and the other 100 feet from Bell Avenu: on the north side of Roberts Street. These signs would help to eliminate the . y hazardous situation that existed at the intersection: Paul said, City policy at this time was to recommend no parking zones for an entire block. The leap frog method has caused severe problems of enforcement for the Police Department. The staff believed that the proposed ordinance would be consistent with policy providing that the no parking zone was continuous from the corner to its dasignated end point. John Tompkins said he failed to recognize a difference between thie request and the one on Hickory street previously presented which was not a City street. The traffic on Hickory was tremendous, " Mr. Tompkins said he came down Bell and there was not a car up or down Roberts street, Parking had already been restricted on Bell and further restrictions A would make it worse for people living v. dell, A& i t` Ir j r , ~ Y r L r r i r •1 3 o f o~ r' o F r ~ o0 0' 'J ~ ` I f t s ' V r i t Aft i r t . .11 A s 1772L /I t NO. AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH BELL AVENUE TO MAYHILL ROAD FOR A DISTANCE OF 1.80 MILES; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Based upon an engineering and traffic investigation heretofore ma a as authorized by the provisions of Section 169, Article 6701d, V.T.C.S., the following prima facie speed limits for east and west bound traffic on U. S. Highway 380 are hereby deter- mined and declared to be prima facie reasonable and safe, and such speed limits are hereby fixed for vehicles traveling upon the following named highway, or parts thereof: Location Extent Speed Limit d" A. On U. S. Beginning from its intersection 30 Miles Per Hour Highway 380 with Bell Avenue eastward for a distance of 0.10 miles. B. On U. S. Beginning .10 miles cast of inter- 40 Miles Per Hour Highway 380 section with Bell Avenue continu- ing eastward for a distance of k 0.90 miles. C. On U. S. Beginning 1 mile east of its in- 45 Miles Per Hour Highway 380 tersection with Bell Avenue con- tinning eastward for a distance of 1.80 miles to a point 220 feet east of Mayhill Road. SECTION II, An individual adjudged guilty of exceeding this speed limit, when signs are erected giving notice thereof, shall be guilty of a mis- demeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 111. That if any section, subsection, paragra h, sen end ce, clause, phrase or word in this ordinance, or application r j thereof to any person or circumstance is held invalid by any court of competent jurisdlction, such holding shall not affect the y" validity of the remaining portions of this ordinance, and the City 'r , 1 I Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14 ays rom the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ' l PASSED AND APPROVED this the day of , 1917. S 1 t A STEPHENS, MAYO CITY OF DENTON, TEXAS L y „yl 11 V1 > J L F y>+!t` r i7 ATTEST: t~r y~ry, f ti. 11 ,Lr.J99 r r.P 77ENIFER ER ACTING CITY SECRETARY 3 t 4 b y CITY OF DENTON, TEXAS l n i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOYITC}i, CITY ATTORNEY CITY OF DENTON$ TEXAS a +ys r" BY: e4 &VdCL u S µ ' c + ynY r y.r ; 4 s 1 r `6yy sr k~ fi c t ~ r MV PAGE TWO h 1 ' ~y , ..w«.wrdmw , iiw a t~ 1 a! jrt }R`, r,', e'i i i i 7 I .R~ CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 I L- MEMORANDUM DATE: January 27, 1987 TO, CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION FROM. Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: Speed zoning of State Highway 380 from Bell Avenue to Mayhill Road: The City of Denton has completed the above speed zone study with State Department of Highway and Public Transportation input to regulate State Highway 380 for speed from Bell Avenue °y to Mayhill Road. Three speed zones are identified: " a. 30 MPH from Bell to the point 250 tt, west of Frame Street, both directions. Zone length is 0.10 miles b. 40 MPH from the point 250 ft, west of Frame to the ' point 540 ft. west of Redwood Street, both r" directions. Zone length is 0.90 miles. Co 45 MPH from the point 540 ft, west of Redwood to the point 220 ft. east of Mayhill, both directions, zone ' N length is 1.80 miles. t++., The speed limits were set based on analysis of roadway conditions, accident records, and prevailing speed of prudent t r:,k drivers. Staff recommends approval. t N ~ .1 ~Iwkf Rv.. `a4 ia61 uuc u Traffic Engineer Associate F 0436E Jn ,.y , ~ r. r , 'Sty n cb yy. •hR., 'r IF oil -110 Aw,...n.. _ - _ m,r. a.waretiwrtr+w ~ . '•rMApY.w t; I 1 page 6 of 9 pages i STAFF RECOMMENDED: Approval COMMISSIONERS: Virginia Gallian made a motion to approve the school zoning as indicated, Mike Amador seconded the motion. Motion passed unanimously. ITEM 16 SPEED ZONING OF STATE HIGHWAY 380 FROM BELL AVENUE TO Y Paul Iwuchukwu prersnted a viewgraph indicating placement of speed zone signs. Three speed zones were identified: a. 30 MPH from Belt. to the point 250 ft, west of Frame Street, both directions. Zone length is J.10 miles r. rid b. 40 MPH from the point 150 ft, west of Brame to the point 540 ft. west of Redwood Street, oath A directions. Zone length is 0.90 miles. c. 45 MPH from the point 540 ft. west of Redwood to the point 220 ft. east of Mayhill, uoth directions. Zone length is 1.80 miles. The speed limits were set cased on analysis of +4 roadway conditions, accident records, and prevailing speed of prudent drivers. r STAFF RECOMMENDS: Approval COMMISSIONERS: Gene GonlRe made a irohion to approve the speed zoning as indicated. Doris Chipman seconded the motion. Motion passed unanimously. k, w4 ITEM t7 SPEED ZONING OF HIGHWAY 77 FROM I-35 TO ORR STREET: Paul Iwuchukwu said the City of Denton has completed A^ ' the above speed zone study with State Department of Highway and Public rransportation input to regulate ; " Highway 77 from 135 to Orr Street. Three speed zones are identified: a. 45 MPH from 135 to the point 0.30 miles east of 1-351 botn directions. Zone length is 0.30 miles. (Pi ` ON 55 MPH from the point 0.30 miles east of I-35 to the point 100 ft, west of Falimeadow, both directions. Zone length is 1.65 miles. i c. 45 MPH from the point 100 ft. west of Fallmeadow to the point 300 it, west of Orr Street, both directions. Zone length is 0.50 miles. n r r. t ]J' _ ~:ML p I 1 S ^1 ' 4 II i i k ~ a f € ° I /f fl TTi d W N 1771L i E NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH AND j SOUTH SIDES OF A PORTION OF ROBERTS STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO } HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HLREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at anytime upon the following street or portion thereof, in the City of Denton to-wit: The south side of Roberts Street, at its intersection is with Bell Avenue for a distance of 7S feet from its e a m>, intersection with bell Avenue and on the north side of Roberts Street, at its intersection with Bell Avenue for a distance of 100 feet from said intersection. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply the times specified to that portion or part r a4M of Roberts Street designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in WL. compliance with the direction of a police officer or official traffic control device. SECTION ill. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished s by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the ? 4 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. f?J 1 t t N rl • SECTION V. f, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published r :w 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. j PASSED AND APPROVED this the day of , 1987, • qV. " RAY STE HENS, M,1 R CITY OF DENTON, TEXAS 4 r i a a n, pt ti`.r! .11 ATTEST : N~ r j A" ACTING CITY SECRETARY rv CITY OF DENTON, TMIS tqi j w . a APPROVED AS TO LEGAL FORM r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY °CITY OF DENTONi TEXAS }54t~<q BY: L4~XO) 54 A &W 1 1 r 11} V 1 i„ r r~Ala' SW~ r l~.l •y'i. C A~ r~i R}[' ti y{ F 1 y f \ y. •i. $r ,rc~ y ii y r !.l • 14 i r f ri,l C 4yrr~..:~...•r r..r.... au.w. n„.. .n• • r ws 1 C r Pa r' or \ , V ti 1 r i CITY of DENTON 1215 E. McKinney I Denton, Texas 76201 MEMORANDUM s' DATE: January 270 1987 TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: "No parking from Here to Corner" - Roberts Street The intersection of Bell Avenue and Roberts park Streon both experienced Increasing parking problems. sides of Roberts Street at times up to 5 feet from the intersection. This creates a blind corner for people exiting Roberts Street especially during rush hours. hr ra The Northeast Denton Citizens Association has requested the ENV placement of two "No Parking From Here To Corner" signs, one 75 Mt from Bell Avenue on the south side of Roberts Street and the other 100 feet from Bell Avenue on the north side of F x Roberts Street. These signs will help to eliminate the hazardous situation that exists at the intersection. F 4 City policy at this time is to only recommend no parking zones for an entire block. The leap frog method causes severe, problems of enforcement fcr the Police Department. We feel that the proposed ordinance is consistent with policy providing that the no parking zone is continuous from the corner to its rA designated end point. Visual and vehicle corner clearances are a critical component to safe access tto other streets, herefore recommend 4_ 1, particularly arterials such as Bell. I F11 ' approval of this ordinance. Future ordinances meeting the same continuous corner standards should also be considered. Staff recommends approval. Pa 1 Iwuchukwu Traffic Engineer Associate ' C43bE j 1I j 1 t page 7 of 9 pages The speed limits were set based on analysis of roadway conditions, accident records, and prevailing speed of prudent drivers. Doris Chipman asked if 45 mpn was too high. Mike Amador asked about reducing the south side to 30 mph because of sight distance. Gilbert Berste• 'aid it would have to be the same on both siu•, Paul j Iwucnukwu said he would have to check wit: State k Department and see if they would allow a ? „ph speed zone on one side. STAFF RECOMMENDED: Approval COMMISSIONERS: Gene Gohlke made a motion to accept the staff recommendation of 45 mph as indicated. Mike Amador seconded the motion. Motion passed unanimously. ITEM f8 REQUEST FOR "NO PARKING FROM HERE TO CORNER" SIGNS ON ROBERTS STREET AT ROBERTS AND BELL INTERSECTION: f Paul Iwuchukwu presented a viewgrapn indicating the ` ;Y location. He said the intersection of Bell Avenue and Roberts Street has experienced increasing parking problems. People park on both sides of Roberts street at Limes up to 5 feet from the intersection. r This has created a olina corner for people exiting Roberts Street especially during rush pours, ' The Northeast Denton Citizens Association nas requested the placement of two "No barking From Here To Corner" signs, one 75 feet from Bell Avenue on the south side of Rooerts Street and the other 100 feet from Bell Avenue on the north side of Roberts Street. These signs would help to eliminate the " hazardous situation that existed at the intersection. r r Paul said, City policy at this time was to recommend no parking zones for an entire block. The leap frog method has caused severe problems of enforcement for the Police Department. The staff believed that the proposed ordinance would be consistent with policy providing that t',e no parking zone was continuous from the cornet to its designated end point. 1 1:40 ' John Tompkins said he failed to recognize a difference between this request and the one on Hickory street previously presented which was not a wx City street. The traffic on Hickory was tremendous. Mr. 7,.mpkins said he came down Bell and there bas not 1 a car up or down Roberta street. Parking had dlready bee:, restricted on Bell and further restrictions would make it worse for people living on Bell. 4 I I I L page 8 of 9 pages Edward Matill at 600 Roberts came forward to speak in favor of the request. He said he traveled that street 10 - 12 times a day. Cars were parked there and some have for sale signs on them. Mr. Matill said he initiated a request about 1 year ago due to the•parking congestion on the west side of Bell from rental properties. They have multiple residents and + each resident has a car. There was room for people to park on down Roberts ^.treet instead of at the corner. He said he did not want to cause a hardship on those people. S Mr. Matill said if you were traveling north on sell j turning onto Roberts street, it would be impossible to complete the right turn due to cars parked on both sides of Roberts street. A car coming out of Roberts street has to frequently back up as a matter of courtesy. Y There are families with children at 2006 Bell and 510 Robertson. The children walk in the streets because of a high embankment and no sidewalks on the, corner. This presents a dangerous situation. Sonya Whitman came forward to speak in favor of the _ request. She said she polled the neighborhood and f wrote a letter to Jerry Clark. Parking had not ueen much of a problem during the month of January but it was a problem during October, November and December. She indicated on the transparency .There cars parked. k 2 She said the people at 2006 N, bell could not exit M their driveway because cars block it. At times, they could not exit their driveway east or west oecause .r cars park so close to the drive. She recommended approval of no parking for 100 feet from the corner. wry Henry Whitman came forward to speak in favor of the request. He said at the intersection of Bell and t" Roberts to Sherman there are 3 houses, if there was r: a red light during major times, traffic would back up while a car was trying to exit onto Roberts street. He recommended approval of request. STAFF RECOMMENDED. Approval COMMISSIONERS! Doris Chipman made a motion to approve the no parking request as presented by the staff. Mike Amador seconaed the motion. Doris Chipman, Mike Amador, Gene Gohlke, Virginia Gallian, Bruce Chamberlain ana Gilbert Berstein voted yes. Jonn Tompkins 9 " voted no. Motion passed, w1 i ` i 1 r r , 9 i ! 3 BELL, A`dE• sl ~ f 2oc~~v ~l t-4 - Y t 8 L d 9 °t' S10 ~ try ~ rn 1 ` y t 1^ , y ~ r>xC `~~.u ~oOfo ~ 52°y Y ~l1 l Al f' I., 1~ . ~ Y• t14 ~ Y P'- I A n1 + „ G1z Z j r~f~ M ~ 4 1 ~rrrr~~ `~Id axY~: ldl , :4, Mel r1Kt '.L ~AW~H.SVlwyy," I 1774L NO. AN ORDINANCE DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES ON PORTIONS OF EVERS PARKWAY AND GARDENVIEW STREET; REDUCING THE t MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUC}: PORTIONS OF SAID STREETS FROM THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING CERTAIN I HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED i DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Based upon an engineering and traffic investigation hereto- fore made as authorized by the provisions of Section 169, Article 6701d, V.T.C.S., the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby + fixed for vehicles traveling upon the following named streets and r'- highways, or parts thereof during the hereinafter designated hours. The location of said school zones and the hours during r +;`F which said speed zones shale be in effect are as follows to-wit: Location Extent Hours in Effect A. Evers Beginning 225 feet south of 7:30 a.m.-9:00 a.m. Parkway its intersection with Gat.:en- 3:00 p.m.-4:00 p.m. 1. view Street and ending at its 1?, x intersection with Robbie 110" ? Street. + B. Evers beginning 100 feet east of 7:30 h.m.-9:00 a.m. Parkway its intersection with Ashcroft 3:00 p.m.-4:00 p.m. Lane and ending at its inter- section with Evers Parkway. • ' ' C. On Garden- Beginning with its intov- 7:30 a.m.-9:00 a.m. View Street suction with Evers Parkway 3:00 p.m.-4:00 p.m. for a distLnce of 100 feet west of its intersection with Gardenview Street. SECTION 11. An individual adjudged guilty of exceeding this spend 1!.ait, when signs are erected giving notice thereof, shall be gwilty of a misdemeanor, and punished by a fine not to exceed Two Hundred f Dollars ($200.00). SECTION III. i That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any jurisdiction, circumstance is couvalrtidoficompetent of tthe remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it could have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of r the City of Denton, Texas, within ten (10) days of the date of its passage. 4 r; 1987. PASSED AND APPROVED this the day of RAY t'• t r \ .i , h CITY OF DENTON, TEXAS ATTEST: r rr r t JENNIFER WALTERS ACTING CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J CITY OF DENTON, TEXAS t BY: < PAGE TWO y { Q ~ 40~A~ CITY of ORNTON 1215 E. McKlnney I Centon, Texas 76201 MiEPIORANDUM DATE: January 27, 1987 TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION FROM: Paul Iwuehukwu, Traffic Engineer Associate SUBJECT: School zoning for Everspark Elementary r The Traffic Control Division recommends that Everspark ' Elementary School be zoned and posted as follows: School speed limit, signs: a. On Evers Parkway, 100 ft. east of Ashcroft Lane, north side k; b. u„ Evers Parkway, 120 ft. south of Robbie-0, west side c. On Evers Parkway, 130 ft. south of Gardenview, east side. P Crosswalk: 20-foot wide crosswalk at south neck of Gardenview and Evers Parkway b. 20-Foot wide crosswalk on Evers Parkway 190 ft. south of Robbie-0 ti School Crossing Signs: j a. School crossing signs shall be posted at every crosswalk except where there is a stop sign Advance warning signs for school crossing: a: Advance warning signs shall be posted 150 ft. (min) to 700 fc: before crosswalks a Normal Speed Limit Signs: a. 30 MPii speed limit signs shall be posted at the end of school zone (all approaches) The staff recommends approval. Pa Iwuchukwu 4. Traffic Engineer Associate 11436E t F Y 1 P page 5 of 9 pages 1 A vote was taken on the motion for denial of the school speed signs. Doris Chipman, Virginia Gallian and Mike Amador voted in j favor of rejecting the school speed zoning. John Tompkins, Bruce Chamberlin and Gene Gohlke voted against the motion. Gilbert Berstein, chairman voted against the motion. John Tompkins made a motion to approve School speed zoning with Liberty Christian paying for placement of signs and signals. Gene Gohlke seconded the motion. Mike Amador, Gene GohlkeI Virginia Gallian, John Tompkins, Bruce Chamberlain and Gilbert Berstein voted in favor of the motion. Doris Chipman voted no. Motion carried. ITEM 15 SCHOOL ZONING OF EVERS PARK ELEMENTARY SCHOOLI M Paul Iwuchukwu presented a viewgraph indicating placement of school speed limit signs, crosswalks, school crossing signs and normal speed limit signs. follows: are as They .y School speed limit signs: oJ r ~ a. On Evers Parkway, 100 ft. east of Ashcroft Lane, north side o. On Evers Parkway, 120 ft. south of Roooie-0, west side c. On Evers Parkway, 130 tt. south of t;ardenview, t a er,st side. w Crosswalk: a. 20-foot wide crosswalk at south neck of Gardenview and Evers Parkway F b. 20-Foot wide crosswalk on Evers Parkway 190 ft. south of Robbie-0 1 A':.Y ( (il i. school Crossiny Signs: . , . a. School crossing signs snali oe posted at every crosswalk except where there is a atop sign F .i Advance warning signs for school crossing: posted 157 Et, a. (min) Advance to 700 ftg. oesigns shall be fore crosswalks Normal Speed Limit Signs: ' a. 30 MPH speed limit signs shall oe posted at the end of school zone (all approaches) w page 6 of 9 pages S STAFF RECOMMENDED: Approval COMMISSIONERS: Virginia Gallian made a motion to approve the school zoning as indicated. Mike Amador seconded the motion. Motion passed unanimously. ITEM 06 SPEED ZONING OF STATE HIGHWAY 380 FROM BELL AVENUE TO Y IL R : S Paul Iwuchukwu presented a viewgraph indicating placement of speed zone signs. Three speed zones were identified: a. F30 rame HStfrom reet, He both to ditne point rections. 250 t,lenwest of gth is 0.10 miles i b. 40 MPH from the point 250 ft, west of Brame to the point 540 ft. west of Redwood Street, both directions. Zone length is U.90 miles. c. 45 MPH from the point 540 ft. west of Redwood to the point 120 Et. east of Mayaill, oo directions. Zone length is 1.80 miles. The speed limits were set cased on analysis of - F roadway conditions, accident records, and prevailing ~n;• speed of pruoent drivers. S'rAFF RECOMMENDS: Approval COMMISSIONERS: Gene Gonlze made a motion to approve the speed zoning as indicated. Doris Chipman seconded the motion. Motion passed unanimously. ITEM 17 SPEED ZONING OF HIGHWAY 77 FROM I-35 I'0 ORR STREET: Paul Iwuchukwu said the City of Denton has completed the above speed zone study with state Department of Highway and Public rransportation input to regulate Highway 77 from 135 to Orr Street, Three speed zones are identified: a a, a. 45 MPH from 135 to the point U,30 miles east of . Ibotn directions. Zone length is 0.30 miles. ~ l b. 55 MEH Arom the point 0.30 miles east of I.33 to i the point 100 ft, west of Fallmeaduw, both }'Y directions. Zone length is 1.6h miles. ✓ " J c. 45 MPH from the point 100 ft, west of Fallmeadow 1r to the point 300 its west of Orr Street, Dotn directions, zone length is 0.50 miles. ry , 1 1 , e♦ ~y av S . r r • , IK 0, 10 h t • t o t A 1 H 14 O N , , 1 a W W r t~1 r r • V ~+Y ~ r ~ H o Q ~ +n * ~1 M t w = Ia r` • , 1014 R ~o N I i e , \ wx I~ R +v+w STREET 10 wL i; wa a w.w a 'gym, W • r Iot it v 14 a I~.t NNW rm UWT 30 of f ~1 A04MIKr Ir11MINf M«I1411pAO{J( h 1 to. r 100 09 ti II[ x NdM1A~ M~fl AMA 04 a N ~ w t• ~4 * i 1777E NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A LOADING ZONE LOCATED ON THE WEST SIDE OF FRY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $100,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1, That there is hereby established a loading tone on " the west s e -of Fry Street beginning 40 feet from its intersection Hickory Street for a total length of 22 feet, and measuring ten feet by twenty-two feet, SECTION II. That when signs are in place or the pavement is marke~`g?y'fTg notice thereof, any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($100,00), % " SECTION III. That this ordinance shall become effective fourteen ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of Its passage, t PASSED AND APPROVED this the day of 1987 I; . ' C4 (w , CITY OF DENTON, TEXAS fM°{N N rfY d ATTEST: 9a r i' lT' fi JrMTnrW"ERS ACTING CITY SECRUARY CITY OF DENTON, TEXAS 1, 1, A _i' APPROVED AS TO LEGAL FORM; DEBRA ADA)J1 DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i.j f ~ 1 ~e H y i CITY of DENTON / 215 E, McKinney / Denton, Texas 76201 !f MEMORANDUM I , DATE: January 27, 1987 TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION FROM: Paul lwuchukwu, Traffic Engineer Associate SUBJECT: Loading zone for Universal Copy's f!, 6 Charles Leopard has requested the use of one loading zone on Fry Street for use by Universal Copies. The loading zone had bf, been previously approved at the July 29, 1985 meeting for Pizza Express. Pizza Express never paid for nor used the loading zone, The staff recommends approval based on the zone being used less frequently than the one previously approved. Therefore, this u;. request is less detrimental to parking and traffic in the area. ~r °a auukuu x, Traffic Engineer Associate lF IY psi , O436E 6 b a j ~l { 6 )V's t, j 1 . i rY y R Y FaAy + ,t 1 MINUTES Citizens Traffic Safety Support Commission ; February 2, 1987 PRESENT: Doris Chipman, Mike Amador, Gene Gohlke, Virginia a Gallian, John Tompkins, Bruce Chamberlain and Gilbert Berstein, Chairman ABSENT: Vivian Edwards and Wayne Autrey R STAFF: Paul Iwuchukwu, Traffic Engineer Associate ' i ITEM it APPROVAL OF DECEMBER 1, 1986 MINUTES: The meeting was called to order at S:30 p.m, on Monday, February 2, 1987. Virginia Gallian stated that in Item 3, Jefferson Davis Elementary School's i name had been changed to Sullivan Xeller, Virginia Gallian said that on page 8, number 6 the fourth paragraph, it stated that NTSU would have to 9 " purchase the property. It was her understanding they 'A already owned the property, ?Is. Gallian asked it she could respond on the North *i Texas study at this time. She asked if it were possible to go ahead and make Maple one way between Avenue A and hcich. Paul Iwuchukwu said he would have to talk with Jerry Clark because he was the one who had done the study, Nis. Gallian asked, if one was traveling on Eagle east and making a left turn on Welch, would it be necessary to put a left turn signal there now. Paul e ` said a designated left turn arrow would cause a big delay without an exclusive left turn lane, However, efforts will be made by staff to look into the situation to determine the safest way to move traffic at the intersection. Ms. Gallian stated there was a one-way sign on aq Highland and Welch going west which was In a two-way 1144% r traffic area. Paul said he would look into it and take necessary actions. , ;r~`,, John Tompkins made a motion to accept the minutes with the corrections as stated. Virginia Gallian seconded the motion. Motion passed unanimously to approve the minutes as corrected, TE 02 LOADING. ZONE ON FRY STRJET FOR UNIVERSAL rs Paul Iwuchukwu presented the request. He said Charles Lepard had requested the use of one loading zone on Fry Street for use by Universal Copies. The loadingg zone had been previously approved at the July `.r 29, 198S meeting for Pizza Express. i v page 2 of 9 pages Paul said this business would receive less deliveries t than Pizza Express and cause no adverse impact on the traffic. STAFF RECOMMENDED: Approval COMMISSIONERS: Bruce Chamberlain made a motion ':o accept the staff's recommendation of granting the - request. Virginia Gallian seconded the motion. Motion passed unanimously. ITEM 03 RENEWAL OF LOADING ZONES FOR 1967: Paul Iwuchukwu said the following loading zones were presented for approval by the commission. The loading -ones are renewed yearly. Doris Chipman asked when the fees were due. Paul said they were due within 30 days after approval. Bruce Chamberlain asked why Denton Food Center paid no fee. Paul said they were a non-profit t organization. a t BUSINESS LOCATION ZONES REQ AMT r American Cleaners 221 W. Oak 2 $150 Blair Elec 215 W. Oak 2 150 k Collector's Gallery 120 W. Oak 2 ISO McBridesfPawn Supply 105 N. Elm 1 17S McNeill Furniture 104 W. Oak Z ISO Robert Sage 6 Assoc 22S N. Locust 1 75 Sherman's Shoes 114 W. Oak 1 7S Shiflet Finance 100 W. Oak 1 7S ~pShraders Pharmacy 121 N. Elm 1 7S Sue's Custom Sewing 216 k. Oak l 75 Thomas Furniture 200 W. Oak 1 ISO s~ Fultz News Agency 117 N. Austin 1 7S a a Denton Food Center I1S Sycamore 1 0 Riches Furniture 207 N. Elm 1 75 aka'~_' STAFF RECOMMENDED: Approval COMMISSIONERS, Virginia Gallian made a motion to approve the loading zones for 1987, Gene Gohlke seconded the motion. Motion passed unanimously. ITEM 14 SCHOOL ZONING OF LIBERTY CHRISTIAN SCHOOL: Paul Iwuchukwu said the staff had a problem with the ' request. The City did not have a standard policy for dealing with private institutions, Ir the case of Selwyn school zoned last year, there were two major reason why that was done. Z'k t 3~ C .Av Y!s , h t S J a .f t~ { a t C C: rl ti Y lay' ♦ fa ~ tk I-r J f ~'I 19~~J1B ~?JO>F~IH wv, 14 l ~ r a r i 11i r t f Mr a..Yr >h(A , y I~yy1~';y 4 J 1 y t~ I.I y Ll 1 i • I ' HICKORY STREET E I yy. ~ Yb7 A r,f 4 O I~ ' 1 i' YA t ytt >jt v 1 I H.. 1}LJ ~ f 1« 'q , 1 rlf V f n M` 1 w S' t , p r 1 y7 I. _ y JF. .t " • ~ In. r t „~~~GL_. w.... ..~aa~ to .lava •u. ♦:'«,4;in .'r,'i .x ,x. .„a 1 Y a 6~~ 1791L s s NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF V;: ON AND THE WYATT COMPANY RELATING TO RISK MANAGEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. I 3 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Covi%-Al hereby appraves and t author ies the Mayor and City Secrez::ry to execute and attest, respectively, the agreement between the City of Denton and The Wyatt Company to perform profess:)nal actuarial services relating to risk management under he terms and conditions contained in said agreement which is attached hereto and made a r part hereof. SECTION 11. That the City Cooncil authorizes the expends- i r „5 tore o fun di not to exceed Twenty-one Thousand Dollars ($21,000.00). k SECTION III. That tnis ordinance shall become effective !r imiae ate y upon its passage and approval. PASSED AND APPROVED this the rY day of -987. S~ t KXY F TEXAS t. F CITY OF DENTON, MAYOR ATTEST: s. i N CITY OF DENTONO TEXAS 4'qf` APPROVED AS TO LEGAL FORMi ` DEBRA ADAMI DRAYOVIICH, CITY ATTORNEY CITY OF DENTON, TEXAS ;r' by: ALAW Y 1797L i ADDENDUM TO LETTER AGREEMENT BETWEEN THE s CITY OF DENTON AND THE WYATT COMPANY i The City of Denton, hereinafter called City, and The Wyatt Company, hereinafter called Consultant, hereby mutually agree to e modify the foregoing proposal of Consultant as follows: 4 1. Supervision and Control b Cit : It is mutually under- stood and-agreed by an etween ty an Consultant that Consul- i tant is an independent Consultant and shall not be deemed to be i or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, ' vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Consultant and any employee of Consultant, and it is expressly understood that Consultant shall perform the services hereunder in accordance with customary professional } F standards at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 11. Insurance: Consultant shall provide at its own cost and } expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. III. Indemnification: Consultant shall and does hereby agree to n emni y an old harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by x. reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. ! IV. Cancellation: City and Consultant each reserves the right to cancel t s Agreement at any time by giving the other E party fourteen (14) days written notice of its intention to l cancel this Agreement, provided that Consultant shall be paid v ! for all services rendered through the date of termination. V. Term of Contract: This Agreement shall commence on the t ay o , 1987, and end upon the comp3etTon of the project. 4 l i i VI. Dates of Payment: City shall pay Consultant within 30 days of complet on or services provided for hereinafter, in accordance with the attached billing rate schedule. Except to the extent provided for herein, Consultant's proposal shall be controlling. THE WYATT COMPANY CITY OF DENTON, TEXAS BY: BY: w ARTHUR E. PARRY, C.P.C.U. RA TEPHENS, MAYOR . A r` s! 4 'i'r 7 v ~ c 1' 4 p, ~ l r s " w, f ~ YY 1R 4t +h vac c t~ ` , 5 A: 5 I r r1 3 4{, ; PACE TWO c' t n - _ 'ski 1 i i , 1 1'. ~ I DATE: 04/14/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager h " SUBJECT: ACTUARIAL SERVICES / REOON4MTION; Staff recoemae.,ds acceptance of the Myatt Company's proposal to t~+ w 1 * L t4L provide the ,:ity of Denton with Actuarial Services. The services provided by the Wyatt Company wiii allow us to more accurately ak t " '~F} project our future losses, and thereby assist L; to select the best` Insurance option available. AN• r , 4 't BACKGROm: r L T,~ Since insurance. premiums have been skyrocketing over thet ears with _past two , cas, unavailability of coverage, slimits of taff has cbeenaexploring h as member eof ,tlcat ' "r insurance alternatives. These options range from traditional y~4v insurance to self insurance, and we aee presently lasing a combination of the two. The Wyatt Company will provide us with a loss projection for the next ten years. With this projection, we can re-evaluate our rye, options in light of potential long term benefits. The evaluation of ' !t options shall also be provided by the Wyatt Company with the assistance of staff. r i' e w. • a r., J L /Li Sir 1 )r ; 'p p I E 0 Y ACTUARIAL SERVICES April 14, 1987 Page 1 R ' FISCAL. IMPACT: t 5~ 1 '~I If the Wyatt Company's proposal is approved, the insurance fund will be responsible for paying their fee of approxim ly $21,000.00. Res Lloy rre s Prepared by: City Manager s ran L. Xff rson 1 = Risk Manager 121 App crane +r W' Executive Director For Finance i trt`~ 5'~ 'iY 7 j_ E } ~ A R yyw . 5Ar i~4 :t fi'~ t r; rs~t~~w ry r rye„ ~i r M ~~i YN;. Y b S 1 Y1i-:. ( t 14 %T 4 4 ,4 s ;k %1 r Y~y" "*3Y3:~ A r r rl iRr ~ r Y ~3~r r~ Y-. `1833a , ' }Irf ! ' i fit R S 11;E fi 7 r,y. to r IM THE ( I~GLCOMPANY ACTUARIICCS AND CONSULTANTS ytl P [M PLO e[H Erns IDOO R[PV BLIC 6ANM TOWER COMPENSATION PROGRAMS 323 NORTH ST. PAUL STREET OFFICES IN PRINCIPAL CITIES EMPLOYEE COMMUNICATIONS DALLAS, TEXAS 76201 G ~ (VIA) 919-3600 AROUND THE WORLD ADMINISTRATIVE IT STLSI! RISK MANAGEMENT INTERNATIONAL SERVICE[ February 13, 198; c Mr. Harlan L. Jefferson Risk Manager City of Denton lT Municipal Building Denton, Texas 16201 * ! Dear Mr, Jefferson: ; Thank you for considering The Wyatt Company as consultant to review the risk management needs of Denton. In line with our discussion, I have outlined the following objectives, methodolo3,y and costs connected with the proposed actuarial services, and have II " it tried to point out specific areas where you may hava concerns or which may E' *K: ` r require special attention. u Our proposal is as follows: ACTUARIAL ANALYSIS :n j•,{,;, The objectives of this review will be to analyze future self insurance or `y Xj self-funded program(s), their costs, needed contributions and related areas laT . ^ toward implementation. •b ' p PHASE I - (Approximate Cost: f10e500) This phase will study the self-insurance options for: r ' 1. General Liability; 2. Automobile Liability; 3. Public Officials Liability; ' 4. Law Enforcement Liability; 5. Professional Liability; 6. Paramedic Liability; and F ps 1. Crime Cover. ~~Il> y u I We will identify alternatives and recommend contribution levels, byline, fora °I a self-insurance program, if such a plan is deemed feasible. Our analysis will involve the following factors: ' a s ) f C7 1 ~ x,i. ~ ' P r:. c ~r w s a I ~ ` r 4 rA ` jLJI ~ I . 4 ' ' f1 § . 1 aY 1fU .y FL~9"fi ~ p , L ) I ~ 1 q . { 1 -2- 1. Present value factors; 2. Pay out factors for the above lines; - 3. Limits of self-insurance; and Its 4. Availability of excess or reinsurance coverage. _ In addition, we will: 1 1. Analyze losses, premiums, and exposure data to determine a reasonable _ distribution of losses for the above risks under consideration. _ 2, Compare at least four possible funding methods: 1 rl a, pay-as-you-go (Current Expensing of loss costs); y b, annual contributions (pre-funding loss costs); c. borrowing via bond issues (similar to City of Arlington); ` d. an Irrevocable letter of credit may be used with a or b above. ; k 3. Develop financial projections, including estimates of the level of funding necessary for the next five fiscal years for the funding methods being considered. ' F 4. Recommend the best approach to structure long-term funding for the self-insurance program. tr s. Work with you and on your behalf in dealing with trustees, attorneys, investment bankers, credit enhancement facilities, etc. 01 F 6. Help you select the appropriate claims handling facility (in-house or third party administrator). PHASE 11 -YORKERS' COMPENSATION - (Approximate Cost: $10,550) We will analyse your current situation and future workers' compensation needs Y as it pertains to price, claim adjusting, stability of program, and funding «t;'W levels needed. °r M1I M We will explicitly state our recommendations as to the feasibility of self- insuring, and work with you to structure such a program including initial recommendations for contribution levels to the workers' compensation self- insurance fund. Specific data including total payroll by workers' compensation classification n for the past four years will be needed. Your current workers' compensation policy is needed, along with your experience modification history. v: p} If self-insurance is adopted, certain functions previously carried out by an { insurance company will have to be arranged for. This includes claims hand- ling, adjustment, and management. Loss control and/or safety programs may " need to be strengthed. ,5 f rM~ THE QN1171I/ COMPANY G' • 1( } ,'1 1f -3- In respect to property insurance, we will make recommendations regarding acceptable large deductibles, and discontinuing coverage for smaller valued personal and real property. Funding for commercial property coverages can be integrated into the contributions. EXPERIENCE I The Wyatt Company has structured the following self-insurance programs: 1 ~ 1. City of Arlington, Texas Actuarial work in conjunction with self-insuring via a taxable bond i issue for $9,000,000. This involves a ten-year actuarial analysis based on losses and exposure. Self-insured lines: Automobile, General, Public Officials, and Law Enforcement Liability. 2. City Public Service, San Antonio Texas Self-insurance study and risk management audit. The actuarial calcu- lations required for this utility involved Directors and Officers Liability, General Liability, and Automobile Liability. 4', a 3. City of Alexandriai Louisiana A risk management review, including negotiation for the city with f z agents and underwriters. Analysis of General and Automobile a Liability. kyb 4. University System of Nebraska r Self-insurance study of Automobile, General and Directors' and Officers' Liability. Pooling program designed for the University, k a " s State Colleges, and Technical Community Colleges. "1'•'' S. Mississippi Municipal Association Self-insurance feasibility study for municipal liability pool. Rating and participation requirements included. Feasibility for Property and Workers' Compensation. N f I q I I f..n{3' ~i d. East Texas Hospital Foundation Self-insurance feasability and implementation for general liability and professional liability. Analysis of trustee document and attorney 5 (L1 involvement included. In conducting this assignment, our activities will include two visits to the City of Denton to 1) obtain data on your losses, exposures, and risk manage- - ment program, and define our objectives, and 2) 1 will make a final presents- ;x ` tion to you or the Board should you so desire. a R THE "Wy COMPANY 1 -4- Visiting your facilities is considered very important in that by having first-hand knowledge of your particular operations, physical layouts and 7 activities, we would be placed in a better position to more thoroughly and accurately evaluate your exposures and its attendant risk management implica- tions, In addition, you and mbers self-insured comfort level will play a vital role in our recommendation. f INFORMATION NEEDED i To undertake this assignment, we we will need to be furnished with policies for the above lines losses complete data {number and type of exposures, revenues, financial information, exposure + above mentioned workers' compensation losses fail Payroll facilities. by classietcfica ca and the number of employees by classification, tion and In addition to the requested information, we might require o0er data, but we feel comfortable in conducting our analysis on the above fore, you and your staff will not be required to spendna of iof. time rein io helping us conduct or study, QUALIFICATIONS The Wyatt Company is exceptionally well suited to carry out the review under n` s consideration. Our risk management staff consist of over thirty-f've (35) n professional consultants with an excellent mix of experience of worke very much to the client's advantage as we have the ability to assign to thi ject consultants with desired backgrounds In underwriting rate making, Ip + n actuarial analysis, self-insurance, claims administration and other complimen- tary attributes. The Wyatt Company is an independent consulting firm established in the early 1940's. We are owned by our active employees and we have no ownership or affiliation with insurance carriers, agents or brokers. We do not place any Insurance. We do not believe that a consulting firm can sell r ensure objectively unless it maintains this independence and separation from poten- tial caiflicts. 4 fog AI ^ ~ L r PROJECT TEAM The Wyatt Company is known for the quality of its work, a reputation developed by assignment to each clients needs of capable and experienced persons in the respective disciplines required. For a study of the type under consideration, N' The Wyatt Company's practice is to make use of a project team. We find this a preferable app►nach, particularly considering the comprehensiveness of the iJ desired scope of work, T` The team we propose is made up entirely of consultants with solid backgrounds ' in various disciplines. All of the consultants shown for this assignment have considerable experience in insurance and risk managenentofor r r public entities: C. ; e Ld r~ THE Nlyoi~ COMPANY i r ,ill: aid ` Mil + -5- Project Manager Arthur E. Parry, C.P.r.U. Actuary Howard S. Cohen, A.C.A.S., M.A.A.A. Actuarial Assistant Helen E. Walford k Analyst Richard G. Alford Resumes on the above consultants are enclosed, REFERENCES 'i Public entities constitute our largest classes of business. A partial listing of these clients is shown on the attached representative client exhibit. We have been endorsed by the [CMA (international City Management Association) to conduct risk management reviews for their member cities. h ; I, FEE BASIS ~j In the conduct of this assignment, we will act solely in a consulting and advisory capacity. We do not act as insurance brokers, and will not receive any commissions in connection with your insurance, or remuneration from any ' source other than the fee cha ged to you for our professional services. As with most other professional firms, we charge for our services on the basis of hours worked and the hourly billing rate of our staff plus out-of-pocket tra- vel expenses. s { Task Approximate Cost Actuarial Analysis o Phase 1 - Liability Coverages and Crime $10,500 o Phase lI - Workers' Compensation 100500 These figures represent the approYii-,ate cost we would charge for our services .r cr if this assignment is accepted. If additional work (outside the scope of this i'Ir ° proposal) is requested, we will bill you on a time and expense basis. F; We are very pleased to have been called upon to submit this proposal, and look forward to the opportunity to be of service to the City of Denton. If this ~4 a I proposal 1s found to be acceptable, please sign the enclosed copy and return it to us as authorization for this study, Sincerely, THE Y P NY ACCEPTED BY: A ur a ry C.P,C.U. Manager yl' , Risk Management Services r DATE: ` AEn:abp r ~ ri `1 y Pl, Attachments THE ~hybll COM-ANY r aWJwsW ~a,YK•k.' A i~+... aL,• 1..„v ..~.rW DATE: 04/21/87 i ~ CITY COUNCIL REPORT FORMAT i TOz mayor and ?!embers of the City Council FROM. Lloyd Harrell, City Manager SUBJECTS Consider adoption of ordinance setting a date, time and place for I public hearings concerning proposed annexation of approximately 69.1694 acres being part of the S. Venter Survey, Abstract No. 13151 C. Chacon Survey, Abstract No. 2981 J. Baker Survey, Abstract No. 471 J. Dickson Survey, Abstract No. 3421 and the A. Cannon Survey, Abstract a ~ No. 2321 and located adjacent and south of PM 2181 and east of Old " Alton Road. (A-4a) RECOM MF.N DAT IO N : Staff recommends that public hearings be held on May 5, 1987 and May 12, 1987. ti SUMMARYI The City Council issued a directive to staff to initiate the y annexation process. The Skyfab Addition which is within this area e„ ~F proposes to construct an aluminum fabrication and assembly plant. ' t PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: r" City of Denton, property owners 1 r ti•;t FISCAL IMPACT: r+r~ `"-t rr Undetermined t k+ *eapel, l Manager City Prepared byt c, David Ellison .A- Senior Planner Appr e vy Jeff Me ` i. Executive Director for Planning and Development ;2,. ri 1770L 9 I S NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DEN'rON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. § i THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. On the day of , 1987, at 7:00 o'clo-in the Cit~ouncil Cham ers o the Municipal Build- 4 ing of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. On the day of 1987, at 7:00 o'clock P.M. in the City Council Cham e~ rs of the M nicipal Building of the City of Denton, Texas, the City Council will hold a public hearing giv- ing all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property ` described in Exhibit "A" attached hereto and incorporated by t reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized an directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the City and in the territory described in Exhibit "A" not more than twenty days not less than ten days prior to the date of such rj public hearings, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1987. RAY ITYSTE DEN ONM TEA S C ATTEST: JENNIFER WALTER ACTING CITY SECRETARY K r ; APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 4 61 i D415 26 E~ EXHIBIT "A" SXYFAB ADDITION A-48 ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the S. Venter Survey, Abst. No. 1315, C. Chacon Survey, Abst. No. 298, J. Baker Survey, Abst. No. 47, J. Dickson Survey, Abst. No. 342, and the A. Cannon Surrey, Abst. No. 232 and more particularly described as fdlluws: BEGINNING at a point in the present city limits, said point lying in the Nest boundary line of the tract described in Ordinance No. 65-43, Tract ltl, said point also being the southeast corner of a tract described in Ordinance No. 85-238, said point lying 50.0 feet East of and perpendicular to the centerline of F.M. 2181; u 1HENCE Southerly 50.0 feet East of and parallel to the centerline of said F.N. 2181, along the East right-of-way line of said F.M. 2181, same being the present city limits the following three (3) courses w and distances; (1) South 46' East, passing at 689.95 feet, the South boundary line of said C. Chacon Survey, same being the North boundary line of said J. Baker Survey, continuing for a total distance of 1,452.55 feet to the beginning of a curve to the left, having a radius of 2,815.79 feet, a central angle of 41 53', a chord bearing and length of South 30 12' 30' East, 239.92 feet; (2) Southerly along said curve to the left, 239.99 feet; (3) South 50 39' East, 222.39 feet to point for a corner, said point being the southwest corner of the tract described in Ordinance No. 65-43, Tract III; 4 THENCE North 84. 21' East, along the South boundary line of the tract described in Ordinance W. 65-43, Tract III, same being the present city limits, a distance of 5.0 feet t,. a point for corner, said point lying 55.0 feet East of and perpendicular to the centerline of said F.M. 2181, said point also being the southeast corner of the tract described in Ordinance No. 65.43, Tract III; f THENCE Northerly 55.0 feet East of and parallel to the centerline of said F.M. 2181, sane befog the r present city limits the following three (3) courses and distances; (1) North 5' 39' West, 222.39 feet to the beginning of a curve to the right, having a radius of 2,810.79 feet, a central angle of N 53', and a chord bearing and length of North P 12' 30' West, 239.49 feet; 121 Wortherly along said curve to the right, 239.57 feet; (3) North 0' 46' West, passing at 762.6 feet the north boundary line of the J. Baker Survey, same being the south boundary line of the C. Chacon Survey, and continuing for a total distance of 1,452.55 feet to a point for corner; THENCE North 89' 14' East, a distance of 195.0 feet to a point for corner, said point lying 2$0.0 feet East of and perpendicular to the centerline of said F.M. 2181; THENCE Southeasterly 250.0 feet East of and parallel to the centerline of said F.M. 2181 the following six (6) courses and distances; (1) South 0' 46' East, passing at 689.95 feet the South boundary line of the C. Chacan Survey, same bring the North boundary line of the J. Baker Surrey, and continuing for a total distance of 1,452.55 feet to the beginning of a curve to the left, having a radfur of 2,61b.79 feet, a central angle of 40 531, a chord bearing and length of South 34 12' East, 222.88 feet; (2) Southeasterly along said curve to the left, 222.94 feet; (3) South 5. 39' East, 896.26 feet, a central angle of 8S' 06', a chord bearing and length of South 4b* 12' East, 1,212.16 feet; (4) Southerly along said curve, 1,702.1 feet; 15) Worth 890 15' East, for corner, said point lying in the present city limits as established by Ordinance No. 78-28, said point also lying 10.7 feet west of and perpendicular to the Denton-Corinth common jurisdiction line, aid the east boundary line of the J. Baker Survey; THENCE South 1' 30' Nest 10.0 feet west of and parallel to the Oenton-Corinth caesoa Jurisdiction line, same being the present city limits, passing at 185.0 feet the North right-of-way line of said F.M. 2181, and continuing for a total distance of 250.16 feet to a point for corner, said point being the centerline of said F.M. 2181, two being the south boundary line of J. Baker Survey, and the North boundary line of said A. Cannon Survey; 1 q f THENCE South 10.0 feet West of and parallel to the Denton-Corinth common Jurisdiction line, same being the present city limits, passing it 60.0 feet the South right-of-way 'tine of said F.N. 2181, and continuing for a total distance of 250.0 feet to a polnt for corner, said point lying 10.0 feet west of Amd perpendicular to the Denton-Corinth common jurisdiction lfne, and the East boundary line of the A. Cannon Survey; THENCE Westerly 250.0 feet South of and parallel to the centerline of said F.M. 2181, same being the North boundary line of the A. Cannon Survey the following two (2) courses and distances; 11) South 89' 25' hest, 1,117.75 feet; (2) South 89' 15' West, 117.91 feet to a point for corner, said point lying in the East boundary fine of the Skyfab Addition, and addition to the County of Denton, State of Texas, and filed in the Plat Records of Denton County, Texas, same nefng the West boundary line of the Ja)aar Addition, THENCE South 04 16' 11' West (South 04 23' 19" East according to plat) along the East boundary line of said Skyfab Addition, same being the West boundary line of the Jaynar Addition, a distance cf 1,256.46 feet to a point for corner, said point being the Southeast corner of said Skyfab Addition, same b.Ing the Southwest corner of the Jaynar Addition; THENCE South 88" 49' 25' West (South 89" 04' 65" West according to plat) along the South boundary line of said Skyfab Addition, a distance of 339.37 feet to the South corner of said Skyfab A4dltlon, THENCE North 00 16' 11' East (North 04' 23' 19" West according to plat) along the Westerly West boundary line of said Skyfab Addition, a distance of 429.58 feet to the Southerly Northwest corner of said Skyfab Addition, 1 THENCE North 88' 46' 36" East (North 84' 07' 06" East according to plat) along the Southerly North boundary line of said Skyfab Addition, a distance of 169.49 feet to an inner ell corner of said Skyfab Addition; THENCE North 04 16' 11' East (Worth 04" 23' 19" West according to plat) Along the West boundary tine of said Skylab Addition, a distance of 828.10 feet to a point fnr corner, said point lying 250.0 tat South of and perpendicular to the centerline of said F.M. 2181; THENCE South 891 15" West 250.0 feet south of and parallel to the centerline of said F.N. 2181, saes being the north boundary line of said A. Cannon Survey, a distance of 59.17 feet to the beginning of a curve to }`1! the right, having a radius of 1,396.26 feet, a central angle of 85" 06', and a chord bearing and length of North 46' 12' West, 1,888.40 feet; i THENCE Northwesterly 250.0 feet Southwest of and parallel to h following four 14) courses and distances; (I) Northwesterly along said curve to of a right, passing the ill North boundary line of the A. Cannon Surrey, same being the South boundary line of the J. Baker Survey, passing the West boundary line of the J. Baker Survey, same being the East boundary line of the J. Dickson Survey, 2,073.84 feet; (2) North S" 39' Nest, 603.3 feet to the beginning of a curve to the right, having a radius of 3,115.79 feet, a central angle of 48 53', a chord bearing and length of North 30 12' 30" West, 265.48 feet; (3) Northwesterly along sold curve to the right, 265.56 feet; f4) Worth 06 46' West, passin,l at 854.5 feet the North boundary line of said J. Dickson Survey, sane being the South boundary tine of said S. Venter Survey, and continuing for a total distance of 1,452.55 feet to a point for corner, said point lying in the present city limits as established by Ordinance No. 85-238; THENCE North 891 14' East along the present city limits, passinR At 200.0 feet the West right-of-way line of said F.N. 2181, passing at 250.0 feet the centerline of . Ad road, and continuing a total distance of 300.0 feet to the POINT OF BEGINNING and containing 69.1694 acre; of land. q, r~ t l } 1770L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVi;N TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation r proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached her-.to and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the City Council a of the City of Denton, Texas, on the day of , 1987, at 7:00 o'clock P. H. in the CF council C am ers o the r, Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such personv shall have the right to appear and be heard. Of all said mi6tters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 19870 at 7:00 o'clock P. M. in the C ti y Council Cam ers o the Municipal Building of the City of Denton, Texas, for all persons N, interested in the above proposed annexation. At said time and M ;E~^ place all such persons shall have the right to appeal and be }j`r heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. sy kP Mkt a ~ f,3 yllq'R 'a CITY OF DENTON, TEXAS ~fy 'TY T.. 's ATTEST: 71t !t x "r 6 r~ UINNIFER R ACTING CITY SECRETARY r gly ~j+ry d , 4 f,• 1 i .f 0415EJ26 EXHIBIT "A" SKYFAB ADDITION A-48 ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the S. Venter Survey, Abst. No. 1315, C. Chacon Survey, Abst. No. 298, J. Baker Survey, Abst. No. 47, J. Dickson Survey, Abst. No. 342, and the A. Cannon Survey, Abst. No. 232 and more particularly described as follows; BEGINNING at a point in the present city limits, sold point lying in the West boundary line of the tract described in Ordinance No. b5-43, Tract III, gild point also being the southeast corner of a tract described in Ordinance No. 85-238, said point tying 50.0 feet East of and perpendicular to the centerline of F.M. 2181; f THENCE Southerly 50.0 feet East of and parallel to the centerline of sold F.M. 2181, along the East a rtght-of-way line of said F.K. 2181, same being the present city limits the following three (3) courses and distances; (1) South 46' East, passing at 689.95 feet, the South boundary line of said C. Chacon Survey, Sam* being the North boundary line of said J. Baker Survey, continuing for A total distance of 1,452.55 feet to the beginning of a curve to the left, having a radius of 2,615.19 feet, a central angle of 40 531, a chord bearing and length of South 30 12' 30 East, 239.92 fret; 121 Southerly along said curve to the left, 239.99 feet; (3) South 51 39' East, 222.39 feet to point for a corner, said point being the southwest corner of the tract described in Ordinance No. 65.43, Tract [1[; THENCE North 848 21' East, along the South boundary line of the tract described in Ordinance No. 65-43, Tract 1[[, same being the present city limits, a distance of 5.0 feet to a point for corner, said point lying 55.0 feet East of and perpendicular to the centerline of said F.M. 2161, said point also being the southeast corner of the tract described in Ordinance No. 65-43, Tract Ill; ' THENCE Northerly 55.0 feet East of and parallel t.) the centerline of said F.M. 2181, same being the present city limits the following three (3) courses and distances; (1) North 50 39' West, 222.39 feat to the beginning of a curve to the right, having a radius of 2,810.79 feet, a central angle of 40 63', &,-id a chord bearing and length of North 30 12' 30" West. 239.49 feet; 121 Northerly along slid curve to the right, 239.57 feet; (3) North 00 4b" Nest, pas-ing at 762.6 feet the north boundary line of the J. Baker Survey, same being the south boundary line of the C. Chacon Survey, and continuing for a total distance of 1,452.65 fewt to a point for corner; THENCE North 894 14' East, A distance of 195.0 feet to A point for corner, said point lying 250.0 feet East of and perpendicular to the centerline of said F.M. 2181; THENCE Southeasterly 250.0 feet East of and parallel to the Centerline of said F.M. 2161 the following six (6) courses and distances; (1) South 00 46" East, passing at 689.95 feet the South boundary line of the C. Chacon Survey, same being the North boundary line of the J. Baker Survey, and continuing for a total distance of 1,452.55 feet to the beginning of a curve to the left, having a radius of 2,615.79 feet, a central angle of 40 531, a chord bearing and length of South 30 12" East, 222.85 feet; 12) Southeasterly along said curve to the left, 222.94 feet; (3) South S• 39" East, 896.26 feet, a central angle of 85. 06', a chord bearing and len th of South 04 12' East, 1,212.16 feet; (4) Southerly along said curve, 1,702.1 feet; 16) North 89' 15" East, for corner, said point lying in the present city limits as established by Ordinance No. 18.28, said point also lying 10.0 feet west of and perpendicular to the Denton-Corinth tonsaon jurisdiction line, and the east boundary tine of the J. Baker Survey; THENCE South 14 30' West 10.0 feet west of and parallel to the Denton-Corinth common jurisdiction line, same being the present city limits, passing at 185.0 feet the Worth right-of-way line of said F.M. 21610 and continuing for a total distance of 250.15 feet to a point for corner, said point bring the centerlini. of said F.M. 2781, two bafng the south boundary tine of J. Baker Survey, and the North boundary tine of said A. Cannon Sir%ey; i . I 1 THENCE South 10.0 feet Nest of and parallel to the Centon-Corinth common jurisdiction line, same being the present city limits, passing at 60.0 feet the South right-of-way line of said F.M. 2181, and continuing for a total distance of 250,0 feet to a point for corner, said point lying 1D.0 feet west of and perpendicular to the Denton-Corinth common jcrisdfction line, and the East boundary line of the A. Cannon Survey; THENCE Westerly 2SO.U feet South of and rorallel to the centerline of said F.N. 2181, same being the North boundary line of the A. Cannon Survey the following two (2) courses and distances; (1) South 890 25' West, 1,117.75 feet; (2) South 891 15' West, 117.95 feet to a point for corner, said point lying in the East § boundary line of the Skyfab Addition, and addition to the County of Denton, State of Texas, and filed in r$T the Plat Records of Denton County, Texas, same being the West boundary line of the Jaymar Addition; THENCE South D' 16' 11" West (South 00 23' 19" East according to plod along the East boundary line of said Skyfab Addition, some being the West boundary line of the Jaymar Addition, a distance of 1,256.46 feet to a point for corner, sold point being the Southeast corner cf said Skyfab Addition, sax being the Southwest corner of the Jaymar Addition; THENCE South 881 49' 25" West (South 69' 04' 65" West according to plat) along the South boundary line of said Skyfab Addition, a distance of 339.17 feet to the South corner of said Skyfab Addition; THENCE North 00 16' 11" East (North D44 23' 19" West according to plat) along the Westerly West boundary line of said Skyfab Additfon, a distance of 429.58 feet to the Southerly Northwest corner of sold Skylab Addition; THENCE North 886 46' 36" East (North 840 07' 06" East according to plat) along the Southerly North boundary line of said Skylab Addition, a distance of 169.49 feet to an inner ell corner of said Skyfab Addition; r THENCE North D' 16' 11" East (North 040 23' 19" West according to plat) along the West boundary line of said Skyfab Addition, a distance of 628.10 feet to a point for corner, said point lying 250.0 feet South of and perpendicular to the centerline of said F.M. 2181; ,r THENCE South 896 156 West 250.0 feet south of and parallel to the centerline of said F.M. 2181, some being the north boundary line of sold A. Cannon Survey, a distance of $9.17 feet to the beginning of a curve to the right, having a radius of 1,396.26 feet, a central angle of 854 05", and a chord bearing and length of ` North 480 12' West, 1,888.40 feet; " THENCE Northwesterly 250.0 feet Southwest of and parallel to the centerline of said F.M. 2181 the following four (4) courses and distances; (1) Northwesterly along sold curve to the right, passing the North boundary line of the A. Cannon Survey, some being the South boundary line of the J. Baker Sdrvay, ,t passing the Nest boundary line of the J. Baker Survey, same being the East boundary line of the J. Dickson a Survey, 2,073.84 feet; (2) North 50 39' West, 603.3 feet to the beginning of a curve to the right, having a radio. of 3,115.79 feat, a central angle of 4' 531. a chord bearing and lonith of Nort.R 30 12' 30" Nest, 266.48 feed (3) Northwesterly along said curve to the right, 265.56 feet; (4) North 0' 46' West, passing at 864.6 feet the North boundary line of sold J. Dickson Survey, same being the South boundary line of said S. Venter Survey, and continuing for a total distance of 1,452.55 feet to a point for corner, said point lying in the present city limits as established by Ordinance ho. 85-238; x r, , THENCE Worth 89' 14' East along the present city limits, passing at 200.0 feet the West right-of-way line of said F.M. 2161, passing at 250.0 feet the centerline of said road, and continuing a total distance of 300.0 feat to the POINT OF BEGINNING and containing 69.1694 acres of land. y 'l •1 y 1 _ J P r I P: J • w - ~e Lone 10V R an • i Q H ckory, ~Crook Rdl ' • ~lowI . CORINTH 2~•. t POP 461 4 'lOld a x /AI n i 4 46 Nlo~ko~ OROSt/VT1 • (c c " O ,.r , Tft v 1 r o CQPPER\ t LCANYON POP 240(EST) 1792E NO. AN ORDINANCE TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 8, 1987; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on Friday, May 8, 1987, Calhoun Jr. High PTA is sponsoring an annual Day of the Cougar fundraising event, to be held on Congress Street bvck:en the intersection of Alice Street and Denton Street; and WHEREAS, all property bordering Congress Street between the intersection of Alice Street and Denton Street is the property of Calhoun Jr, High; and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton; and « WHEREAS, in order to provide adequate space for the said fundraising event and to order to who attend, the City Council of theoCity ofe De ton d emsititeis necessary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 3:00 P,M, until 8:30 P.M. on May B, 1987; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: k x SECTION I. That Congress Street between Alice Street and t Denton treet shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on May 8, 1987 from 3.00 P.M. until 8:30 P.M. for the purpose of holding the Day of the Cougar fundraising event. yd~ SECTION II. That the portion of the above described streets r„ shat revert back to the City for normal traffic activity immediately from and after 8:30 P.M. on May 8, 1987, SECTION III, That this ordinance shall take effect dnd be in full a orce an effect from and after the date of its passage and pproval. 49 q. PASSED AND APPROVED this the 21st day bf April, 1987. ~Y V E ~e S R • ATTEST: JENNIFER APPROVED AS TO LEGAL FORM: E DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY _ BY: L3~Lld~__L°. 'E .i A I 1776L f NO. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON ("HOTEL OCCUPANCY TAX") TO PROVIDE FOR PENALTIES FOR DELINQUENT TAXES; INTEREST CHARGES FOR DELINQUENT TAXES TO BE PAID UNDER THIS SECTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 13-6. of Article I of Chapter 23 of the Code of 4 Ordinances of the City of Denton, Texas, is hereby amended, by adding a subsection, which said subsection reads as follows: % y (c) In addition to any penalties imposed under s,ibsections (a) and (b) of th•!s section, a person failing to pay the tax to the director within the time required shall forfeit five percent (SI) due as a penalty. An additional five percent (51) of the tax due shall be forfeited thirty (30) days later if the tax is not paid. The penalty provided by this subsection may never be less than five dollars 0S.00). Delinquent taxes shall, in addition, draw interest at the rate of ten percent (101) per year beginning sixty (60) days from the date tax is due. ggzs~f ~,'f,, SECTION II. ` All ordinances or parts of ordinances in force and effect when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repeated to the extent of any such conflict. SECTION III. That this ordinance shall become effective immediately upon i F ' its passage and approval. a , r r' '-i PASSED AND APPROVED this the day of 1487. { y A £ , MAYO! Il. 7 ` ATTEST: Y Y'r 11 ' 1 i '1 .n + d: ENNI E LTERS ACTING CITY SECRETARY a CITY OF DENTON, TEXAS # w,r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY v CITY OF DENTON, TEXAS BY, 'r11, «t I ti 1 +m }h r , r' 4-t v -o a, . r v~ + }1, f l ~ 3 f! ti ai r t '.r ~Y +x.M ri~pY ( r .t 1~ rr f s ~ -q+1- v w r x r .x4,yp t rd a F Grp : .x rz. s; i 1 DATE: April 23, 1987 +I CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council 5 { FROM: Lloyd V. Harrell, City Manager s: r SUBJECT: MODIFICATION OF HOTEL/MOTEL TAX ORDINANCE TO INCLUDE PENALLY AND ~'Ir ,~JI INTEREST FOR LATE SUBMISSION OF HOTEL/MOTEL TAX COLLECTIOKS AND/OR ' ASSOCI1+a ED REPORTS. it `vp I u'a SUMMARY: In the past six (6) months there have been three (3) instances of delayed submission of hotel/motel tax payments ~F and their reports. This ordinance would allow for the irF`,i aasesament of additional penalities and interest on the 3 delinquent items past due. a t BACKGROUND: An incentive for payment of collected tax revenues was needed when the above items became delinquent. The existing { ordinance does not provide for this incentive other then court action and possession of the promises. E- w t s r x r F,r " F3;{ aN,Y FISCAL IMPACT: Penalty and interest recovered would compensate the City of J' x, . Denton for its extra efforts required to recover delinquent accounts. We presently assess penalty and interest for delinquent ad valorem tax payments. y ~p ,F. Respect ly submitted: a,M LY x R F k P, " t Lloy . Harrell + ;,S 1 r City manager s, r F 1 i 1 Pre red by P~'Ni4~ ekF f r , r`+ W. Jay An rs n Controller 1tv i" proved: > alb ~~¢~'r, 4 S M y`,. b Y 'dra . ' n McGrane '~Ff n f r y(J a,i i' Director Of Finance r7', r i Jr. - > e WJA:af 1429F AI , `1 , r t Si~ti q. f Y .Lr ill .11 NI 1 ^ T n r~ ~'~r r' r #pM...+.-...-., ..,...1.. - r.u.,.rgi'AM~W .r, t 1 4• 71, t. . 1790L i RESOLUTION NO. A RESOLUTION SUPPORTING AND ENDORSING THE EXPEDITIOUS ESTABLISH- MENT AND CONSTRUCTION OF A NEW CONTROLLED ACCESS SPUR FREEWAY; y f AND DECLARING AN EFFECTIVE DATE. WHEREAS, population growth and development in the Northern Tarrant County 'Southern Denton County area has caused significant traffic congestion and dangerous conditions on many major roads; and ' WHEREAS, future growth in population and traffic, as projected by the Texas Department of Highways and Public Transportation, threatens to make the situation even worse; and € WHEREAS, a new controlled access spur freeway linking SH114 ti with IH-35W generally along the route depicted on Exhibit "A" > attached to this resolution will significantly improve the traffic flow through Northern Tarrant County and Southern Denton County, and will reduce the traffic problems which currently plague travelers on roads in the area; and { WHEREAS, the landowners along the route depicted on Exhibit p "?c "A" have publicly expressed their intention to donate all of the w'4{ necessary right-of-way for such a freeway if the facility is r} constructed expeditiously in accordance with specifications acceptable to such landowners; NOW, THEREFORE, r THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: .gyp: r SECTION I. That the Council of the City cf Denton supports and endorses the expeditious establishment and construction of a new controlled access spur freeway, substantially as depicted on ? ",r{rS,r.~`ra ii Exhibit "A" attached to this resolution, which is incorporated heroin for all purposes. SECTION 11. That this resolution shall become effective Immediately upin T tt°!rr" 5 its passage and approval. , +1 a. t, ,r S M1t I 1987, PASSED AND APPROVED this the day of , A 1-AT- E E , MAYOR CITY OF DENTON, TEXAS X ~s , ATTEST: i JUNIFER WKLTEKSq CITY SECRETARY CITY OF DENTUN, TEXAS F APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCIi, CITY ATTORNEY CITY OF DENTON, TEXAS a , d' t a , BY: a( Vii; ray. ,w . 1ex~ , e ~ 4e S 1 i ^+w1p~ gg y r r EXHIBIT "A" 9 ' _i THLMI ` J TIC" CII. f ♦ . r 1 'i f,i Ca x ~i r` it, 'j I ,I s I 1788E Alb{ Y RESOLUTION NO. A RESOLUTION SUPPORTING THE ESTiBLISHMENT OF A NEW AIRPORT S FACILITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Federal Aviation Adainistration is considering establishment of a new airport facility to be located between FM 1S6 and.-IH- M , adjacent to the City of Haslet, Texas, as more particularly shown in Exhibit "A" to this resolution; and WHEREAS, the establishment of such an airport will be a significant positive econo influence throughout the northern Tarrant County/Southwest Demon County Area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. The City of Denton supports the creation of an efficTen` a i r r transportation system, which includes the airport substantially as depicted on Exhibit "A" to this resolution. SECTION II. That the City Council of the City of Denton supports ancendorses the expeditious establishment of all air ` transportation systems that are consistent with the regional long r range plan and that will harmoniously encourage the overall economic growth of the region. wq SECTION III. That this resolution shall become effective immc ate y upon its passage and approval. PASSED AND APPROVED this the day of 1987. i 1 Vd r 1 ~ i• {s ~ 1 RAY . t I p E HE , MAYOR CITY OF DENTON, TEXAS ATTEST: ry'ra" , a JENNIFER , CITY SLCR[:IA CITY OF DENTON, TEXAS sti< APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITS OF DENTON, TEXAS BY: 14 hril i; % jJ EM1d1T "All ^ I S1 I • ~ H•Y tj L I ` 1°m r, y ti ILI* I spy _ ` ~ roP' ~i v~ r I MyyY~~ Y 1 = `I fLAKS i k at rr f JA. ~ r~ ~ J: L ; A w.w as wr FZO1.. f L w ~ t Y _ ll r 1' tom. T k y so41 4 'yyf 5 Y r~ I CI A ~ e ,,I •~YdYY~Yr 1 c ('tip A# t + 'it , ,rl .L. 1 a. V. 1 1799L ! V(' d i R'c;SOLUTION NO. A RESOLUTION OF THE CIrY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO 1'HE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS 4ND AUTHORIZING THE MAYOR TO ACT AS SHE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN 7HE EMERGENCY SHELTER GRANTS PROGRAM. WHEREAS, tlte City Council of the City of Benton desires to develop a viable urban community, including the expansion of the quantity and improvement of the quality of the emergency shelters for the homeless; WHEREAS, certain conditions exist which represent a threat to the health and safety of the homeless; 'IY 4 Y1.., 4 . WHEREAS, it is necessary and in the best interest of the City of Denton to apply for funding under the 1987 Texas Emergency 4 f Shelter Grants Program to meet the objectives and needs set forth above; NOW, T'~EREFORE, "f r 4~1 ar ~ : THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: . SECTION I. That a Texas Emergency Shelter Grants Program appl cam t n is hereby authorized to be filed on behalf of the City with the Texas Department of Community Affairs and that the City of Dentcn's application be placed in competition for funding y, under the Emergency Shelter Grants Fund. SECTION II. That the application roquest for grant funds be One Hundred and Fifty Thousand ($1S0,)60) Dollars to carry out ♦Yi~ ,,y the rehabilitation of the Friends of the Family Shelter for the homeless and to provide food assistance through Help Our People x y} Emerge (H.O.P.E.). SECTION III. That the City Council hereby directs and designatesZTayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection 5 with this application and the City's participation In the Texas Emergency Shelter Grants Program. " SECTION IV. That the Denton County Friends of the Family, „ -L Inc., a non-profit corporation, is committing in excess of One •1 5 ♦ tw t;4 ,A!,rr.pi• Ym', 1 . ?.r °i-+i +e• 1... ♦ ✓y1y.:: 1♦j Ili I r, 4♦ A N I I i Hundred and Fifty thousand ($1509000) Dollars in the form of salaries toward the matching funds, for this rehabilitation project. SECTION V" That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 1987. r RA S EP NS, MAYO IZ CITY OF DENTON, TEXAS I r r >i fir,. a ' .i,t. ATTEST: r *'',k 4' i~ 1 ±S+ 31 1 4ly4i r' r 1 x+ JERNIPER W RS, CITY SECRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ,x ;+'•x „ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t' CITY OP DENTON TEXAS y I ' q ' BY: K ? ; /l rHMO jlr !t ( •~4, ~~y~ 1 i t a ,R Tr ~ r r r F ! ,t4. 1 A 'Y 'I o,t F r r iC T, n (y f { DATE: { CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 1 SUBJECT: Approval of a resolution authorizing the City to apply for ;150,000. 1 1 in Emergency Shelter Grant Funding. RECOMMENDATION: Staff recommends approval ! SUMMARY; -he majority of these funds will be used to rehabilitate/expand the Friends 4 f' of the Family Emergency Shelter. Funding will also be targeted to assist Help Cur People Emerge (H.O.P.E.) with food assistance and employment counseling. These funds Lt have recently become zvailable from the Department of Housing 6 Urban Development. 14aximun rant amount is ;150,000. We are requesting that amount. ` PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: r No other city departments will be effected. The staffs of Friends of the Family and H.O.P.E. will be responsible for planning and implementing the projects. The CDBG staff will monitor these activities. 41.1+y . FISCAL IMPACT: There will be no impact on the general fund. Administrative expenses will be paid "Y I t F from CD:fG funds. ~4yr c'y r r+ Respe ully submitted: T , 4., ar e #.1X Cit Manager yid ''r P epared by: CommunityoDevelopment Coordinator .y, Y 1 A,P r ^''"'M APP v ~6yj T , e is ke t ' Executive Director for Planning and Development r.'. ° yry y a r „ t' z ATTACIPIENT 1 Wednesday December 17, 1986 1., I v 7 Part VI Department of Housing and Urban Development Me of the Assistant Secretary for Community Planning and Dayslopment 24 CPR Port S78 Emergency Shelter Grants Program; I Proposed Rule Delegation and Redelegatlon of Authority With Resp*at to Emergency Shelter Grants Program; Notices . ~ 15 'z' Federal Ret(fster 1 vol. 31.. No. 142 1 Wednesday, December 17, 198A 1 Proposed Rules Mill quality under sec-ion 502(cl of the Independent nonproDt enutles The information collection Internal Revenue Code of less for tax established by pensively sectarian requirements dootscirt" in two cults have exemption end whlrh meet censers crgenlsadoes for eetnilar purposes could been submitted to the QMcaof speelRed criteria. be ustaled. Finally, It should be Mlnsgement and BudVI forlttview no t)tst Amenlment of t understood that 167S.tt(b)121 does not under the provisloes of the Paperwork Coastitullon provides that "Congress ' prohibit a private nonpront oryaaLmdoo Reduction AA of 1960(44 U.SL.3S01- ebsll bake no law rsspecung en deemed pervasively sectarian from 33021• No person may be subled to a uubilahment of reBgion." to carrying out eligible actlvitles permitted ppenalty for failure to comply with ghee accordance with this coned adonai by g 37321(1) (1) and (2) lerenual inkrmsdoo collection "clolrememts principle. the Supreme Court has ervices and maintenance and specilled until they bavebase approved and dirwed that statutes Wording public activities) so long as such ectivitles are seer~p+ed an OMBatotrol nambar. The assistance must have a primary street carried out In a manner free tom o. control number, when awtgne4 that neither advances no, Inhibits reli4taus Influences pursuant to will be announced by separate nodes in religion. (Sea lemon v. urtsmon. 403 conditions preacnbed in the assistance the rational Register. U.S.503 (19711. In Hunt v.blcNotr• 413 Agreement. This rule was not listed In the U.S.734 (19731 the Court stated: r Displacement Department's Semiannual Agenda of Ald nermitIty aceyy be thoushl to hove a Regulations published on October V. primary erred of advamun nllslan when it The Department expects, by the very lobo ($1 FR 364241, under Exuvtive flows 10 tit tnauhillon In Mck religion Is so nature of thoi program. that gramets and Order 12291 and the Regulatory C vWw that a sebalannel portion of Its Stele and ran rent recipients will avoid Flexibility AeL eUcies are tubeumed in the rollpous Involuntar,ly displecin8lower Income A Catalog of Federal Domestic mission or when 11 hunch a spectbeetly penance, but that if such displacement le Assistants program number for the F relirw tlactivityyi an otthorwi~ unavoidr,ble, they will take action to FriergencyShelter Graatil FrogrM Is 7 s. mitigate say adverse effects on these CMA No. 14171. f M at 741 persons. ILl of Subjects to K CFR Fart 6TS The duerminatlen for Constitutional Other Information compliance thus requires ae ' Great pro ma-f4ousing and exanuaadon of the extent to which A Finding of No Slgnincant Impact commune with respect to the environment as eY eveepo" Emarrory religion pervades an entity,'. functions. shelter graou. Aeponing and y In addteseing this issue. (usdca been made in accordance with HUD ncotdkeplngtequinm rats. so. whi Blackmun speaking for the majority In Implemenlshectioa Part2(l)(C) of the Ace,ordiably. the DeDartmeet proposes 3 Roemer v. Maryland Public Works National fnvironmenial Policy Act of to add a new u CFR Parl 673 u follows: i Boots. 426 U.S. 736 (1976) dedared: 1060.42 U.S.C. 433L The Flndin of No 0 R'T 479- MIROU CY ~NtLT" I To answer do question whether in Sigrtinunl Impact Is available t' or publle lnentttdos a w "perveelvely sectarsn" rliat It in$paction dwo regtutlar business hours GRANT1 FR0GRAki may Halve no direct bate aid of any kind. It in the Orrice ofe General Co utel, Subpart A-•oensrel to necefery to palm a general picture of the Institution, Rules Docket Clerk, &I the above Id. It 7S& address. as7S.t Apphabillty sad pwpae. This rule does not constitute a "major or$'$ DuW(loa►. In 4wotdonce with ibesa principles, tins" as that term is domed In Section. 173.5 Waivers. 157921(b)(2` prohibits the rue of t(b) of the Executive Order on Federal emerFeney stellar grant funds to Regulations Issued by the President on B"b g" A4ti renovsle. rehabllfute. or convert February 17..1961. Analysis of the tide 173.21 GlpbleandtaslipbleactMtlee. buddingo owned by po rvuwely Indlales that it would not: (1) have an s7st3 Who ace/ navy oil elipbie ecu+itleL seetarlso oeganlsabons (referred to in annual effect on the senoomy of g1D0 "Vii C-Amseivenot the text as "Print atily n !glow milIlon or more.. (2) cause a m3lor 671.61 Adoatien of great Unua. ortaNutloma'l. wUst buildialso ad Increase in taus or prices for 67347 AppllatleangtdnaaemtL F. by churches an clearly covered by to consumers. Individual Industries. wis Review sad oppreval of eppftcaneas. prevlslosL not all seetian 301(ol lax Fedoras, State at local government 679.77 Deedtlsee for using greet ISMIL exempt orlanlesdons would fall wlthln sgencies, or eogrophle ttgions: or 131 subpart 0•-Agooftesdate the pervasively sectartam clusincasion• have a sighed ant adverse affect on p6.4i AnDoada of at racist, even though they may be ehumb•rslsted. compedtlon• employment, Investment Vi at have certain religious alnlletions or productivity, innovation, or on the lubpese g-Aelitvn►equtretnena purposes. Determinations In this regard lbdliy crUnited States-bated 5,73.11 %lalchmg fuedL w1ll "ospsfy turn on the extent to enterprises to compete with foreign. 171.33 Use to a emergency ekalter. which nilg(oa to Infused In the based enterprises Indomestle or export srsss BuOdingsuederds. oryaNnalion'o functions. as reflected In markets. 671.77 Aautanre 10 the hemelNL its ehader. by-laws. publications or In accordance with provisions of S 175 39 Other federal regetremenrs. other wtdertearelated to la tilled U•S•C.OW(b), the undersigned hereby subW F-4mintA*W*a900 n 1 purposes. ariamtauon. cootroL certifies that this rul4 dote net have a g11 ,1I Rrepomabitily for grant membership and operation Including elgnlncaal economic Impact on 4 adrewsaeaoa the nature of. and eligibility for substantial number of small endtits. $71.61 titethod of paymonu I p4rtidpedoo In. the sctivltles. services because most statutorily eligible 173.63 Performance IIWL and benef is itmyy de. • grantees and Stat4 recipients us 171 a7 ReeeedAepias to iddillon, it should be noted the L. roledvely larger cities, urban counties or 673.se Sa MllaaL consislsat with the Department's Slates. In addidoa ate grant amount to . Autberityt Sec amid Fvb. L 141.300 edmintetrollon of the section tot be tilde available to any ultimate user (spprevod October 11, feast, making 1 housing program, buildings owned by of a grant is telatrvely small. approprauoni is provided (at in IV-su1e1 i 16 i .4.428Y . Federal Raglztet / Vol. 31, No. 212 J Wednesday, December 17, 3566 1 Proposed Ruin of HA 5311 esdt Cerg.. td seas (INS) Its (c) Any private oonproAt orl allan Siatt tecipisnf means any unit of dUy the House otRepneen staves end that receives a grant on a nelloculon geeneral local government to which a beaa'e''*'Meatwtaedlntls. under 167S/1(D)lil 6tatemakes avellableemergency r peNded fmtaltARep Nner7. (dl My entity that receives a pant shelter rant amounts. ag., sal Seee.;twp en rldl of the based on a reeilocadon under Unit of gerrerolloca! jovrrnment Department of HauluuRe std Urban pevalopanat Act (u USG G 2stsldp, 573AI(b)(3). means any city. county. town township. Homeless roosts families and parish, village. or other gtnaral purpose !Subpart A-<IenerN individuals who are poor and have no political subdivision of a State. ' fTL1 N/ b 0wp+► ' access gto either tradidonal or permanent Urban countymaaaa a county that s Control. This pM Implements the hoHilli meets the Department of was dandled ace an urban county under Emergency SMIIetMits Prorem Houo ng and Urban Development. Commommw1tlt3ry2(a Deev vel of the opmennt t Act and j contained In notion 101(5). Pu L 99- Moior nhobilitotion moons Cl o of 1eth S00 (approved October IL 1916), makin rerabtiitstion ther involves costs In the afiscal l year for immediately y before the a sppropriatlons as provided for in Part C ezt:eu of 75 percent of the value of the fiscal you for which avoicyy shelter rse. Of Tide V of H.R. 5313, 95th Cane. 2d budding before rehabilitation grant amounts all made e a moans the Seat. 11111161 (as passed by the House of Afetropoluan city intent a city that Value oJnht buildirtp mean Repmentativto and by the Senate). to woo classified as a metropolitian city monetary value assigned to a building the extent and in the enaaoes provided under eecdon 1C2(s)14) of the Housing by an independent teal estate appraiser, f for in H.R, lop. No. 977, Wh Cont., 2d and Community Development Act of or as otherwies reasonably nlablithed j goes. (INS). (pub L 90.60E approved 1974 for the n+ca1 year lmmadlataly by the pantie or the State recipient. October 30. 1966, revised Pub. L go-ti ft before the fiscal year for which g 575.5 waivers. but did not affect this profit m.) The emergency shelter erenl amounts an The Secretary of HUD may wrlva any ! Program outhad"S the Secretary of made available. ` Houtbg and Urban Devalopment to Nonprofit roclpiznt means any private requirement of this part that la not make pants to Slates, units of general nonprofit organization providing required by law, whenever it is local overttment. Said, private nonprofit assistants to the homeless. to which a determined thatundua hardship will organizations. for the nhab0ilelion at tail of general local 5oyarcu tent result from applying the requirement or conversion of bulldingt for Size as distributes smergmcy shelter grant when application of the nqulreift"I emergency obelron for the homeless. amounts. would adversely offset the Mates of ; Solid for the payment of canals operating Obligated means that the pontes or the Emergency Shelter Grants Program and social aemes expenses in State recipient as appropriatt.haa conasctton With emery ry shelter for placed orders. awarded contracts, fewbW "11gIWeAQUA Ifin I the homeless, received services or entered simper 517U1 941M* toy kWglble aollvnNL (b) Purport. The propem is designtd traneacdoa that require paymenl from a Ell ,his aclivifiee. Ems s to 1 sip improve the quality of axisting the pant amount Grant as oi.ets that (1 ! rg o emergency shelters for the homeless, to are awarded by a unit of general local Shelter grant amounts may be use for help make avatlable addidoaa) tovemment to a private noopront one or more of the following activities y~ amtrgency shAteea, and to doll moot tht organization providing aais+anct to the I11411n6 to emergency shelter for the costs of operatfy smor/eney ateliea homalooo art obll ~~&led. homeless; r and of ptWding certain essential social Private rionprolltoiyanbtotion meant (1) Renovation major rehabilitation. t that a tectdar or roLeiouz organization or conversion of hufldiags for use as services to homeless Individuals. so those "of bova awns oat only to described in section 11MIcl of the emergency sbelvtrof oe the homeless. safe and sewtuy shelter, but alla to the Internal Revenue Code of 1031 which (21 Provido•r of essential services. supppee~rtlIy: services and other WAS at ;a) Is exempt from taxation under Including (Fot not limited lo4f l asefatane they need to Improve thalr subbtide A of the Cods. concerns with employmon es11- l siroatiaae. (b) Has an accounting system and a substaece abuse. education. of foo& voluntary board sad Grant,olounts provided to a unit of ) g 5757 GeIMtMetra (e) Prfi dees nondlecrlodaaUon in the genital local government may be used Conversion Milne a change in the use provisions of assistance. IQ provide an essential service only I!- of a bulldiag to to amergency sttalter for Aohobllltotion means labor, materlala, (t) no service Is a new ooreice of a the homalese Under this pest where the tools. and other costs of improving quantifiable Increase in the level of a cool of conversion and any buildirys, including repair directed service above that which the unit of rehabilitation coots exceed 73 percent of toward an accumulation of deffuredgeneral local government provided the value of the building before maintenance; replacement of principal duriry the ti telleadat month 4 conversion fiaturto end components of existing =lately before it received the Snot Emergteuythtlaergrartt rarounU and bulldogs; IaStallation of steely aatotmfR sad j Irani amounts moan event amounts devicse: and impeovemeat through till Not met* than 1S pnamnt of the ; made available under this part sherations or additions to. bufldJqL or grant arootnu V resod fee these ees+iexa, execuute$ aMFrni &fmnm with HUD Including 4optuvementz to locroald the (j PSY?Mt of malnlenaaoR, opersuati,> y p ondef this part For puepwe of 1W effiWnt use of energy In bulldines. (to adtrg rent but excleding Stan ; part. "grentat" w Rertavation meanie rehabilitation that isuarenot. uuLtlee. and fondsl+traa ice) Any State. metrupolltae city, at , lrlvolvee costs of 75 perrtal or Ina of (b) fnelielble octlvltles. It) Emergency urban county that local,@ a gnat the value of the butldtrie boron shaltar grant aomarta 6u7 not be teed 1 atlocados tinder II tMft rehabilitation t , for aetlvitioo other than tAoee atrtherlsed it (bl Any twit of Sere I teed t ' - Stare means any of the eeverel Stolle, under put graph 1n.) al thre section. For names 69 Most ves a Farm, based. , the Dtstriot of Columbia or the exam it, gnat ameunta may eel be on a ftitloedeo wader q M.e1(b1I11t Commonwealth of putAo leeo. used for. v w • Federal Rooster J Vol. St. No. 212-1 Wednasday. December 17, lim Proposed Rules 15283 (I Acquialtion of ■n emergency I ari.a3 Apaeeewr reT,4wnente. ICI The requveattatf of is7 P ehe~tof forthq homeless. . - . (a) Appliooilon deadline-{1) conaminl uebtluta to tM bomdeee6 till Ranting commercial tranelent bretropolitan over and urban counties. (Ili) A certification that the accommodations for the homeless (such A metropolitan Cry or utban coupryry Ihat meuopolilan City of tirblrleouaty will es hoist or Matti roomsh . elects to receive on. emergency shelter conduct its emergency shelter greet (till Any administrative or a4fRey pant on the buts of the alocation In activiuss. and that the Slate or unit of coals other than thou permitted in 111 gnat submit the Application general loo) lovemmeal (u paragraph la) of thw eecuon(e.g. lifented la in paretriph (bl of this appropriate) will ensure that State essential services, maintntancel; at section to the responsible HUD Reid recipients or nonprofit recipients (iv1 Rehabilitation services such as allies. no later than IS days after The conduct theirsetivitios to cenformiry preparation of work specifications. too: Into at Ile notification to the city or with the nondisceiminallan aad egnal Protesting. or Inspections. county of Its pant alocation under opparruniry requlnminu contained In (21 Cran1 amounts may not be used t0 575.31(d). 1575.l9(a) and the other requinmento of renovate. rehabilitate. of convert w 11) en t ntaUReuloneto the responsible law pert and of other applicable Federal buildings owned by primarily religious HUD field otfiu of Its Intention to (1)(1) An assurance by the State. j organizations or entities. J participate In the Fmerlency Shelter mavopolitan city. of urban county that g 11711.23 who nay e+rryew euaihle Crests Program within n.5 days of the no renavAuon. M9109 rehabWtation. of eathiea, dais of the notification under 1 515.31(d) convention activity funded under Ills To the State of its grant allocation. A on will: (a) Cronrees and Stale. cipients. All State that Alecto to participate In the p to e gtonlAea (except Stave) and State (A) involve is adverts tasted adverts a an the ltthe a Nate" recipients may carry out activities with Program must submit the a ptr uU on yroperty that V •fgene shelter grant Amounts. All of nforred to in paragraph lb) of this Reggi1slot of Historic Pleue, Is located In i a S.dli ll formula allocation must be section to the neponalblo HUD field an historic district or Is immedialely m available to units of enanl local office. no later than 30 days after the Adjacent to a property that Is Usled on ade avsmmenin the State. tene may end of the Islay election period the Register. aria doomed by tae State V10 ICh or urban referred to in the preceding untenco. Historic Preservation OfReertobe Include metropolitan cities counties. (bl Application. To receive an eligible for listing on. the R"Witsn emergency shelter grant. a Stale. (13 Take place in cosy lWyeu list Nonpro/it recipients. Units of metropolitan city. or urban county must fioodplain designated by map by the general local `ovemment-both submit: Federal Fatergnry bfangement grenteto and tale teci tlenis-may 1) A Standard Form e24. AgeriM distribute all or pan of their grant 12) A Homelete Assistance Plan. (C)1eoyordise the continued odstenq amounts to nonprofit recipiorsts to be which describes The proposed tai a of the oration dinpnd or thnalened spedee used for emtryeney shelter grant emergency shelter grant. In the tea Of A ere dsslgnaled by thi Depot4eettl of the activities. metropolitan city or urban county. the Interior (Fish and he Wdduo Depa Servica) of "oetC-AUoa dotx plan meal alsoidantify tae respective the Department of Constantine (Nodonal grant amounts proposed to be used for mono Fisheries Servleep of dracl the i I nisi MONVen of enm amounts each of the three categories of eligible critical habitat of such a spedom tad (a) Allocation gronteft. HUD will Activities set forth In 571.21(el (t). (21. ID) Se inconsistent with HM initially sucats Amounts available for and (31.1a the call at is Stale. a anviranmontal studarde in 24 AYR Part emergency shelter grants to Slates. proposed use of hinds must consist of a $1 of with the State's Coastal Zane metropolitan citlea, and urban counties. daseripilon of the method by which the Mans eyenr plan. (b) Calculation of ollocations. In pentee will make the Pont amounts (it) Ilea of the assurance required determining the amount of the Allocation Available to units dpmeral local by part~ sph (b)(4)(I of this 6WdOf6 for each State. metropolitan city, end government. ranavation. major r1billuUoa a urban cermry, HUD will provide that the u~liir r'Ce~olfawing certifications and conversion of n 6uitdtng may be carded ercent,ge of the total Amount available (1) A certification that the State, out with emegeney AIe ter grant tar allocation to any State, metropoiilan metroppoIlioncity at urban county. will amounts i. city. or urban county is equ at to the provlda the matchin supplemental A)(t) T #1916 s. moftepe111#1 city, of Percentage of the total amount available sands required by 1175.51. The ar~ancounty Informs F{W theI an lot section toe of the Housing and certification must describe rho sources envircrmenul review of the ant In Community Development Act of 1971 for And amounts of the supplemental funds. which the proposed activities are 10 be the prior fists( year that was Allowed A State's matching suppplemental funds located to such Slate, metropolitan city, or certification is to be submrUed with IU W Wea previously comptelod for the urban county. interim performance repot{. as provided Purposes of snotherHUO program under (el Atellocation m shale. If in by 1 $75 $3. 21 CAR poll so of Se. and ellaeufon to a metropolitan city of (h) Aeerrtfcation that the (in Addressed pro pp~mill, adivitlee. urban county would Be less than metropolitan city oturben county will and effects tort getable to those 11!0.000. the amount Is added to the comply, and that the Salto will Insure pro poted for assistance under this part: allocation to the still In which the clog that its State recipients comply, with: and at county is located. (A) The requirements or 1575.53 (:1 HUD finds that the prior review j (d Notification of ollo:av'on amount concerning the continued use of applies to the proposed activities: or 1 HU>~ w,R notify loth Slate. buildings, for which emergency shelter IS{ The Slate. mAttepolllaa city. of metropolitan city, slid urban county that grant amounts an used, as emergency urban county Is entitled to receive on allocation under shelters for the homeless: (1) Determines that the Only fNaible this nciion, of the amount of its fat The WWII siandstdo loculens for the asaistad activities allocation. requ nmenio of 1575.Se. and prteNde one or moil of the alsmencas 18 :3201, Federal Resldet I Vol, S1. No. 212 It Wednesdev, December 17, lone 1 Proposed Rules . Inpas+graph Ib)lq;i) of this secllon, and ' (d) Cmnl alrmment 7111 111111 will be boards established under FWA'e that psresrap { )N1Q(I(A)of this mode by memo of a great arr"ment Emergenry Food and Shallot Program as Section dom not apply, and executed by HUD and the pantie. a resource to Identify peuaw 121 Request$ a conditional post in let Aeellomtion amounts. Any applicants fn raellocated pent accordance with 11733.114021• emergency Shelter pmt amounts that amounts. ' am raturvied to HUD bwuse of a failure (b) CrarI Reallocations may be (51 A ceRlficetion by the State. to aft application disapproval ae made to: metropolitan city, or urban county that suet the the submission of the application 1 S7s 551A) Craft application (t) Units of Seneral local pvemment raqulnd 6 this pusgraph (b) Is under paragraph (b) of this Section will demonstreling extraordinary need of e quireded treader gate and lent law (as be roellauted Coda F 575.1t, large numbers of homeless individuate. appliable), and that the pontes • ln Letter to proceed Upon request of (2) Private nonpront onarit+tieru a metropollum dry or urban county. at Providing assistartte to the homeless,, 04ne/1r the 1ehe authority to ores an time after submission of An nd out emergency Shelia? pant acUvltlm in Sppllution HUD may evthorigs the city d Units of general local Sovemll'I accordance with the provisions of this ar cc only to Incur amt: for subsequent private nonprofit oryenintions and pert nimbunement when the grant is other entities. to meet other needs that etfsl llertew Srdatttxaval N approved. HUD detonnine: an consistent with the +ppaanaW 1176.51 Oesditnm fee ualns Arent purpoo a of the Emergency Shelter (al rime forapproval. An application rnourtmI Grant: Program. Item it state. metropolitan city. or whoa a States and Slate mlplenu, 11) (c) Asolloaatioe-ntumedSrant awls wits benotood and approved yA state must make available to its amount. HUD will endeavor to a enpedltiouslI a: p itolbie. and will be grate ndplenu all emergent shelter reallocate returned emergency Shallot deemed approved 30 days after HUD tit amounts that it was allouled Stan, amounts within the Jurisdiction to recelves It, ualees within that period. under 1 575.51, within 65 days of the which the amounts wen orSlnally HUD notifies the Snnlee that Its date of the Vent sward by HUD. allocated under 1575411. Ippllatlon Is not approved. (2) Each State recipient must have an (11 Returned gmt amounts that were (b) Review, of oppllcos'ons. HUD will Its pent amounts obWSoud by lso days silaceled to a state wig be made approve n appliwtlom unless It after the date oa whtc the guts made available, Brit, to units of general tool f daterminn that the application the groat amounts available to it Soventment within the Bute and Ifany (i} Wm not received or Postmarked (b} Metropolitm cities rend urban Irani amounts remeirt, than to private Mi. the applicable time period counties. Eath metropolitan city end nonpront oryattW Uoru that AN speeiBed Ice 4 575.77(00}: urban county must have all pant providing assistance to the homeless (2) Dom not contain the items Amounts that it was allocated under and are located within the Stew,. required by 1576.51(b); or 1575.51 obit ated b %so days after the {2) Returned grant amounts that were (3) Doe not otherwise comply with gent owuAy HUD. Allocated to a metropolitan city or urban the engsrlremUU of this parr or of other 1d RtaBxdtion amounts (tl M county will be made available for tee/ In emergency Shallot pent amounts that Fade C low.onal /rout HUD may make are rot made w&gable of Wilatod the local 5ovarrnmut that art nits of city or urban county. first to A eonditbaal peat restricting the wtthta the time 1 ors°ds f thisB OC M suthorited under applicable law to carry obligation and u/t of Amer~~aency shelter PW lraph (e)(1) car (b) of Ihb sttloa out activities under this part In the city or urban county and them if pent F ppant amounts, Cooditlonalsrsnu may resputively, will be reallocated for use 1l bi under 1 376,41. mounts eem@in. to private nonprofit made. ill What* there is substantial (I) The Sutra must recip 00 s snot a anlsatli ns. vi amonu that a Bute recipient ant don net or5 o g that sheen bit bma or share th ipta within this time period specified l51 The field Dina will announce the wig be. a failure to most the in paragraph (a)(21 of this section. The ovel abtiity of returned grant amounts. tsqulramutu of this perl. In such a sae 6tate, at its option must make three the announcement will establish ON leAsem for the coadloood( seat, the grant amounts avell+bie (u eon a deadline$ for submitting aPp sculto neaeeeary b sumo" the prutlable) to other nnlu of general and will set out other tonne slid r eondkfom end th1 deadline for to loci!Sovernmenl for as within the Hme Conditions to AI to Irani sward. those actions will be specified Fatlurt period specified to are ph o)(,) of consistent with this part The s to setisfy the oonditioa may resulI In Nis oacilon or Io HIJD ?III ~ocatlon Announcement will specify the tmpoit oo of s satiation ander 457gIN wrier 1 673.1t. application documents to a submitted or in any action soiborised order any which include. other ap plicable Federal law. Subpart D-11«ndutlona (U A sundud Form 121. t (2) Where the State. mmiltillun city. ur,It Maaecauen at grant amounts (11) A Homeless Assisunee Plan or urban county raquesu A condstionst 1 conulnsag the type of information j gent bsaun me only feulble propim Is) General From time to we. HUD rtquuad Gam a merapoluun City at i muss for nauawtiee, males will reallocate umeryeney shelter pant urban county udder 4 5:1XI(bl(5)• area i rehebptutier► or eenveealan actlMtios smouate that art returned of unused. of (ill) CeAificatbo HlD will &I aewrsno" anointed trades this pvt pndtsde one of those term/ are e' 70 wi is, puyrep► (q seUVr to these required from a main of Abe ueunneeo (d 417175111f4 of this etsre~ male moue titan city or urban county tn+der And 4 dg~slb((allg}IAI dsastintapply. eselloatiesa by &I aoti atitmer >o am" Ill FEUD out amply wttD Federal R.Sleeae eobse that will +.t 41 S7aS5(b} (s} (11 And (5} as fn d I a M appllable aruvtraamsmulantleriilm forth the terms slid 0=6it"I andee appropriate betan at amounts ms be eeamlued wb1oD" arse aaounu we to W 141 The raw algae may mubUe6 and isolated aaotivltiAS sly be tealloca: xis pent sw one tee to be matdtsmm paid amaaate. etsneldenntl t eameuttced made. HUD may use guts mind local the pant amouau evadable 19 Faders( Rogister 1 Vol. 5t, No. 242 1 Wedamsdaf, December 17, MS I Proposed Praise 452113 121 The Raid at6ea will rank tbs amaunul under I V3As or tu dearest nn0vauaa con"Olum at elder applluttons ua1n~ the L.ltaria is oft pan; nhowiuuon tmtataeer the local parelrsph (e) of thla secslad (v) A graataa rderred to in pustaph government uendud of bed safe+nd (6) HUD may make a grant award for (b1 or thts aaeuon fails w obuga14 pool unitary coadltloo. leia than the amount applied for of for Amour within bA Uma persad ,,q 1676.17 Aeatelsna 44 Ow haffle"L row at than Alf of the aeuvIIits idenllnad spocrLad in Its grant agreement. , - , FiameSmsa~iivldaeie out be v+m dam Weand d nor grant UuUnt b amaredounts oa and d the etln/ Subpart f-Program Retlurremrnb assistance Inobu.o►e0 sad h ssrvloes. a4ent . ueo y"ra it) ~APprap nbwa address the sends of mileis u~ fL medial (?)HUD will endeavor the b*eavor to make ake ggrrant (a) CuumL lash grant" must and tasseled health treatment hour tatmesrt cowsedaf, swards within X days of the eppilcauon supplement Its emergency shelter ~aat sukrrlaton and other saericee -09"081 deadline or at soon thsneAer u amounts with an equal amount of rondo for schiev Independent Uvir and practicable. from sources other than under this pan. (b) Other federal. 9tmtu. local. and • These funds must be provided after the slsunu tvadebb for each t (d) Rs. Urruttd grad grant nu amounts ounu r date of the grant award 10lbt Vanua. A individuals. amounts. Uuru la. t (including any amounts that remain u grantee may comply with Oda after reallo"Hon trader pporapeph (c) cf requirement bf,-9 tovidltia the )1671.61 Oenr/aderd regaireewoL this section) will be evallable, to HUD's $upplunaotd ds IWalll. or through Use of emergency "Isarat discretion for mlloaNon from time to supplemr atal funds provided by any smoum must amply with the following S lime to one or more lrentses specified in Stets recipleal at nonpronl recipient (ms additional roqutrementtu Peragtaph(blot ibis section. ePproppslate). (a) NondiscinturoWedod64onl (a) Selection criterid HUD will award (b) Calcu Olin f the molchinl omoumi Optle 'I 'the The requtrtmetto of ants under panlrapM (cl and (d) of In calculating the amount of ti VSIf of the Cav11 111.ights An of IIML this section baud on consideration of sspplemewall funds, than may be 41 US.C1 2601-11 sad l rpiate nting u the following wheric Included the value of any donated ngulad*= Lund" Order 11py and (1) The nature and extent of the unmet material or bulldlnP the value of arty tmplsmtntbg dons at a4 CFII part homeless used tdlhln the jurisdiction In debt an a buildin4 any ss+k7 Fk to 107: and Tide Vfof The Gvil W6to Act which the front amounts will be used attiII of tie graates or to lay Stale at of 1964 (41 U.S.C. 2de2d-1) and i (11Tha extent to which the proposed nonprofit Todpleol (ace approgdale) is UaDluanmting ngulatim+blued alto activities address this need: and caaying out tie emegeocy It all" CFR Pan U (2) The ability of the gesntee to carry program and the time as urvlae__ (a) The prohibido a afsinst out the proposed activities promptly. contribuled by valualeen to carry ouf1,- discrimination on the buts of or under When lrMrti amounts a» returnedthe emergency shelter program, or the Discrimination Act o(1tto1(4a or unused. (1) For purposeo of Wls determined at the rate of $3 pit lit Ago section. emergency shelter pant for purposes of Us paragraph (b1, the U.SA 1t t-M sod ibe prohibitions - antes will dolermine the vdua of say olal of dlsaiminatlon 1100111 smouts when th ate coaddmd returned Zonated materfd atbuildinL or any handicapped Individuals under section when they become available for (sue, alum method reasonably 604 of the gabobtUtatios Act of 1172 IN realloeatioa because a frontal does not f any U.S.C. rink execute a gnat agreemtnt wt'h HUD for uleuiersd to seubUah a fats market riot requirements am *I Udve Issued them to., w(: t e frames for which an value Order 11216 and the ngelodons alloeatisn is ,r sda under 4 671.21 fails to I M58 trams to errrnaerroy merest under the Order at ei CFA Choptet for meet the appllcadan deadlines under (al Censrlal. Any buildinglor.whkh and 1676:!2(81. or has He appilc6don emergency shelter peal amounts ate (41 The ngalremeats of section g or disappmoed under ss71.2/(b) at used mustbe maintained as a shelter tot the ow" slid Men Denlapmet approved vAt%a reload grant ernosmt the homeless fat nol less than a deea- Act of 1961,12 VALM 17/111 (Tie In accordance with 103.00• year period. or for not lest than a SO- 1 s7o,tlo7(bl of *b ChoVter): and (al Fat purposes of this section. yeer period if the front amounts are (51 The nngqaabtm ants of UMCee emergency hr Vard auwau are wed for Mel" rehabilitation or Ord"t 11425 22421 and Mitt considered "snasd" MMn they b~erame eontrelon of the build, Consistant Mth Nt1D's myonasbtUtiu evadable for terlloeation by EiilD efrv Sb1 Cafcvlotinl rtes app kabls neriet andst thou (Wure, the pantos must a paste has weviiad a VW The thee- and f o-ye" perioda refereed mks efforts Ie endure fo the we of streamed with HUD for sham a.$. to in paragraph (a) of this oisdon beffis minority and women's bwiaess w l A State fails to make its to ran: enterprises In connection with activities S) grant (11 In the case of a building that was funded under this putt l amounts available to State recipients not operated as to emergency shelter (b)ArpuedwiryofOMBGreulan. wtikLs the ume padad specified In for the homeless before reel of greed 'Me poltdaa. guldsllan. and 157S•ss16)(1); s nnimis under this part on the doted requirements of Oh13 Ckeulat Nam. A- (u) A metropolitan city or urban lnitlal occupancy as as omar>m=y q and A-10L as they Delete to the county fait to obUpu grant aaonote, ahelteeftl this herwlas acceptance and na of merfasey within the data pealed specified in (t) to the CAN of a baUdhV that vans o(ylr" Enrol mounts by SlaiaeJad 1615.27(blt opera led tl an emergency ihdter battle unite of genard foal soramment nasal (r1U1 A State reeaptunes grea► amounts receipt of pant amounts under thlapaol Noe A-tlg and A-121 as tbsy ntha to iroro a State nclaleat and makes lfsem en the datethal feraau Mae= arrant the scuptance and as of emorpeey wailabls to y1W a provided Ua obligated on the shelter, shelter grant amounts by private 11671.27(cl(21: nonprofit orgeaitaUons. (iv) Crent amounts become available 1679.16 gutW" amndwde a JActerribility r Asa result of Imposition of a unction Any bWlding for which emergency $f(c) Vo Uni ia orm for major Aruffteuoa or lather than s !eduction of grant shelter grunt amounts us used for , 20 45286 Federal Register / Val. St. No. 242 l Wednesday. December 17, 1986 / Proposed Rules conversion. the Uniform Federal system used by a Stale or unit of general Vanua other thin a State, the Interim Acuuibility Slsndards at 24 MFR Part foal government that is a pintas or performance report must contain 40. Appendix A. State recipient shell provide for eudiu lnrarmstion on the amovi of tondo (d) Lnd•based paint no in accordance with M CFR Part 44. A obligated for 4sch of the three requirements. As applicable. of the Load• private nonpronl organisation Is subject categories of eligible acavides described Board Paint Poisoning Prevention Act to the audit requirements of OMB In t 3752t(e)lt), (2) and (3). pi US.G 411M1 4WI and implementing Circular A-ud. `Iq A Sou report must provide No lion a124 CM Part 33. inftormation for each State rtciplemt It Corkto o/fntenrrt in Addition to !Subpart F-~Gam Adiminlstredort Stall 1Maoir mrwids b ti with m A' oonNat of laleni1 nquinmenls to OMB pled MapersWty fw Oren Chcula A-167 and M110. no person Interim performance report the matcMils who to an Imp"' at. agent consultant funds certi(icalion required by Craning are responsible for ensuring g 37Sd3(b)(1)(t). pincer, or elected or appointed official of the Vantee, Sta to recipient or that emergency shelter Vaat amounts (b) Annual performance report-411 non rant redptenl (or of any designated are administered to aaordence with the Consent A `rants other than a Slate public agency) that receives emergency requirements of this part and other must provide HUD with an annual obtltar grant amounts and who applicable laws. In the call of Slates erfa mince re oft on the obligation exeroises or bate exerttsed any functions making grant amounts available to State n+d expenditure of funds for sach of the or responsibilities with reaped to iadpients. and In the case of wits of three categories of eligible activities t assisted activides or who is in a positloa genital local government dlstributlim described in 1373.2ija)(1). (2) and 13). A to p&r Wpate to a ded+lonauklag meant amounts to nonpront redytants. State must grovids this Information or Pima or gain Inside information with the States and the units of loci each Stars rec+plenL regard to richt activities. MAY obtains government an responsible for enrurlnV (2) TI-miry. The aruttul performance personal or Faandsl interest or beosnt that tbW reopectlve recipients carry out report to due one year from the date of from the a0vity, at brew cep W111+1 in their emergency abetter grant programs the pent Award. and a grenles mull any eontrect subcontract or agreement In complince with all requirements that continue to submis this annual report with res. thsrato, or the proceeds apply to their programs. unW all smergeney ehdter pent thtrem er. either for him or baself or 1 pest Metlted at poymeat amounts are exponded. i thew with wbom he or she bas family at Payments are made to a 9nmte4 upon g pg.e7 Ileoordaeaptrp• for business ties. during his or her ra or Its request end me Include a work!t for one you ehnse Fier. HUD may y pent for 3o days' cosh ntds Each granue and Sou recipient moot en caption to this exclusion as capital advance maintain records necessary to docum., I provided In 11570.611(d) And (a) of this or an Advance of S1A00, whichever is compliance with the provisions of r: h poster, if a grantee requests a working art, E ~j U t of drDarned, suspended, or capital advance, It must base the D t Snell idle oonmoebrs. The provisions of request on a mallstSa firm estimate of 51311 5aneuona 34 CYR Part H atla" to the the amounts required to be disbursed (s) HVD sanctiona If HUD determines t employmtnl. enplement of services, over the "y period In payment of that a grantee. is not complying with the j awerduy of contracts. or funding of any siigtbit activity eases. Payments with requiremsnu of this part of of other I IS eonendon of eubeomtrtaton during any aspect to penes of S12o.t100, of mote, applicable F+daal low. HUD may fin Period of debaraunt, suspewioa or will be made. by litter of credit. if the addition to any remedies that may ' placement In ineligibility sutra anise mats the requirements of OMB otherwise be available) tail any of the (I) Flood Wwwce. No site proposed Circular A-10 (ollawing Ietions. as appropriate. rerobawbloh nmovatlo of a f575.IA IerlertwnearepeRe. III Issue a warning latter that further dints tion, to at conversion bu11dW is to be assisted anon this part (s) tnr perform report-(1) htrequre to uhmente comply wiU re wit? such result In A Mort Other than by grant smewu sllocaud to Tlmino of report. (q A me macopoLtan city se State, may be foealed in An use that or urban eaunty must submit its Interim rio rious unction: io a Suisun ~pAnt his bean Identified by the Federal Performance report to HUD no !sera 1.1 Direct ion a a to nap the. l i naro ncy M11negement AAene:y than 30 Qys site the and of the mday In 1.1 Dig of th eta ame peal p the a sFa1A) a hevirt9 special 6nod boards. period allowed for the obligation of utias the oolnmurilty In which the atom pant amounts kinder i 573a7(bl, at 30 (4) Require that some or ill of the is situated It rllcipsting in the days arur the date when all pant pant amounts be romilted to HUD. 4 i Notional Floodd tnsurance Program and amounts ere obligated. whichever comes (5) Reduce the level of funds Iht the regulallons thereunder (M CM Peru first grantea would otherwise be entitled to i 54 through 74 at loot than a yearha W) A Stale must submit lit interim receive: or pitied since notification Performance report not later than go (e) Elect not to provide future front re lading such hazards. And the pinta days After the dole of the Vent award funds to the grantee until appropriate will ensue that flood imuninae on the by HUD. A 9/1111144 referred to in actions are taken to ensure compliena. stradva is obtained in cornppllene with 1373.41. Reallocation of funds, must lb) State sanctions. If a State eectlon 163(11) of the flood Dlsestar submit Its interim performance report to determine tsht q, tole recipient is of ~t Prolectloa Ad of 1977 (47 U.S.C. 4001 at HUD ~ entperlod sped! sd in its part or2tr applicable Federal lawn, . y 8" grant MAW!(. n* financial management (1) Aeport 0»11141111- II) In tbs. us. of a the Stale owl take appropriate utled' is t Co r r •'ti 21 I• posmad Rules red" R*Ostw ~ Vd 8L No. Lt22 I Wednesday, December 17, 1986 ~ Pro E whl e1 may Welsk the @ohms iwwibd { f in pna~it ~aII of i►4aaaiasa Arty v. ' 1 paN aattaaie wt beceea wailab4 is t 9sala ar • taadt d a aaawkairdw ! 1Waodm aauat, a1 the 41111M . spoolow bteta. baaaada aaatlabk~iaaa w , 3 pp~eaaiaabla) k atbw taint aif gaaal . r While the E k IA6 ~+SW a des rnUooWoa trdu}ootuLtL thi beomse ilaYlara ble to m a a mutt t! impaitioa at a "wo,',e undat thi7 Mob" V4 be roallar+ad under SM41, DNa6 Daaaw3ar ti 1911 r ; halt tLlak~, ' Gnarl Da/M)•AaaYantlawweY l~ r cons =10 NO&" and AnalywwL ; IrR Dot tl4iafaf Ipal U40-0 t>,11 awl , aaiwaean iws.n+s ~ f Y it ~Y y 'r ~ 17 1 r. Y e ~ r, i y yY ~ I. Y ~ Y Sr r I ~ sj k Y 1 22 Designation of Official NCTCOG Voting Representative for 198788 Under the Bylaws of the North Central Texas Council of Governments, each member E government Is entitled to one voting representative on the General Assembly. The i~ representatlve must be an elected official selected from the governing body of the member government. The voting representative serves as Belson LeMreen the local government and the Council of Governments; receives special publications and announcements horn NCTCOG; and is eligible to vota on proposed Bylaws amendments and tot candidates to serve on the Executive Board. A city or county official must be a designated voting representative In order to be considered for service on the Executive Board. Since some voting representatives may have retired from office - or some member governments may wish to select a different representative from the one now serving - it hen been NOTCOG's practicq to attempt to recency voting representatives from member governments on an annual basis, This has usually been done Immediately following the municipal elections In April (pending any necessary runoffs) Therefore, %a are requesting the N . deelgnstlon of your official voting representative to NCTCOG for 1967.88, The option is aveilsNe to list your exiatirrj representative - without format reappointment - unless, he or she Is no longer In (Mica. " please Indicate the official designation of your voting r ' return it to NCTCOG by Tuegday, April 21. if pose e, Thissdesignetion will bev Inc We and orporated Into NCTCOG's new 198788 Regional 01reetory, Your current voting representative, according to NCTCOG's records. is indicated on the attached page from NCTCOG's 1988.87 directory. by a star (t ) 1 IA 1 1 A ~ 1 f .l l \e!i {I yf _ 4 E ~i ;k (form on reverse side) NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, Member Government Designation of Voting Representative, 498748 Cities j I , As a member of the North, Control Texas Council of Qo»rnmsntf, tr` 1 - - lenDr dalgnotes env of _ Name -Title - + r , McNhp Addraas: ' ter.. l 'r 8~ v I(r ~ r. 1.9 y~ , { f 5 'r:'iv s t { I, TaMphoae: - o-': ' to tarJ as of round roprnnelnlitlra to the NCTCOG General Assembly for 111F•18. s- h is Signed: - - I J1 4 ~1 ~k v rr .gin It. y rt r a Oalr r ~ - { Paz s patum w ' ~itl LNS ~ I ~ 1 v ~ . NCTOOG 2 r P. 0. DJ COG r y s, , y Arlington, Thas 76006-MO 1#,~ J7. lt~+ • AAA r r' f 1-1 OVdI, P109", 6 t 5 ^M + w 1 t q n n a r T tnl n,+lY4~~ rr ~ 1 i'~ >3 ~.~wr.aar..u.:.,,,.,.. .,..N...vt~pRww.a~h44M:;>, aiW.lro.u.,.,.. , J , 1J, Vr V7 w;=i' it r + e }~f ti. + M Y d i W Denton Chamber of Commerce Economic Development Advisory Board 20 Voting Members. - 5 appointed by City Council - 15 appointed by Chamber Board (3-year/alternating terms) Ex-offico members appointed In November by the Boards - Mary Anne McKenzie -Chamber of Commerce a. - Dr. Shirley Chafer - T.W.U. - Dr, Al Hurley - N.T.S.U. - Dr, Robert McGee - D.I.S.D. - Chuck Carpenter - Chamber of Commerce t r ` Suggested members and termsr , • Term expires March 31, 1988 ` - Bennie Snider r - 8111 Crouch - Board of Realtors rRepresentative ^ - Jack Miller - Bueford Scarbrough ° ^ eY S eV k St .s • Term expires March 31, 1989 " -Jack Brown - Gene Gohlke - Bill Utter, Sr, -Derrell Bulls: - Jerry Cott rM1c • Term expires March 319 1990 Virgil Strange Homer Bly Jim Bunyard -Bill Thogmartin Harry Hall ^,yy R' • Roy Appleton, Jr,, Chairman `^wr Term expires March 31, ID86 i F 1 11 ^ I 5 {R• } l t ; y y , g'.. . 3 h .y....~.i'.4+~y~.na,+a;~,^:Nl~a4k a•~~ilkr.,..vaY1~.A:n,e 1616L . I NO. L REEMENT BETWEEN THE OF CHAMBER OF ACOMMERCE PROVIDI G FOR IAY PROGRAM DENTONTO AN ORDINAPICI+APPROVING ~f l AND THE DENEON 4 PROMOTE ECONOMI Cep FROVIDING AN EFFECTIVE DATE EXPENDITURE OF ! FUNDS THEREFOR; COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: THE SECTS I. of Denton and ment between the City That the attached agree roviling for a Pr:gram to the Denton Chamber of commerce hereby approved. Promote Economic Development SECTION - r ' a" That the expenditure of funds in accordance with the Agree ` ment is hereby authorized. ' SECTION III. 1. ti r That this ordinance shall become effecve immediately upo " ^!G its passage and approval. day of 1986. cxd~ PASSED AND APPROVED this the Y V 7 I' 4 la La{Er N ~ ~ CITY 0 DENTaN, TEXA5 ATTEST: d p W , y, 1 r 5 A ~•'n CITY OF DENTON, TEXAS APPROVED AS To LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TEXAS { CITY OF DENTON,. BY' 1 . }1 i f Y 1. 1616L 1 a THE STATE OF TEXAS S ECONOMIC DEVELOPMENT PROGRAM AGRETy~TDENTONBETWEEN CHAMBER CITY COMMERCEN COUNTY OF DENTON I AND This Agreement is made between the City of Denton, Texas, ("City"), and the Denton Chamber of Commerce ("Chamber") for the I purpose of providing or a prtgof thepparties®hereto, who loin ' ment through the joint consideration of their mutual promises, agree as follows: 1, office of Economic Develo ment Created. During the term of this greement, t e Cam e rs a create and maintain an office of Economic Development, A Director of Economic Develop ment ("Director"), shall be hired as a full-time employee of the y ` Chamber to perform the duties of the Office. 2. Economic Develo ment Committee Created. In order to t, promote a program or econom c eve opment, the parties agree that an Economic Development Committee ( Committee") will be established. The members of the Committee, ho behalf ep edent the diverse interests of the community, hall appoint by E the Chamber's Board of Directors, but shall include one member E. of the City's Public Utility Board, two members of the City P Council and two employees of the City, as designated by the City. F The Chamber President shall have the authorit=oval h ire the Director of Economic Development with the app Committee. The Chamber President shall supervise the daily activities of the Director and may terminate the Director. The Committee shall approve the appointment of the person to serve the Director Economic appointed. Development, and act in an advisory role Director r 3. Duties of Office. The duties of the Office of Economic Development s Fa nc u e the following: y a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") tobe approved by the Chamber's Board of Directors and City Council. b) Annual review and amendment, as necessary, in consultation with the Committee, of the Plan. become effective, any amendments to the Plan shall o. be approved by the Chamber's Board of Directors and the City Council. 11I c) Maintenance of a liaison with the Texas Industrial a Commission and other public and private agencies and organizations that would promote the purpose of the Plan, k d) Preparation and maintenance of a cogprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment b%se, private and public institutions and facilities, and other significant characteristics and resources of the ' City. e) To initiate r.nd maintain contact with, and make presentations to, desirable industrial prospects so as to .omote their interest in locating within the area. ' f) To advise the City of the progress of the Plan at such times as requested by the City, To this end, the Office will provide monthly program reports to the City through the minutes of the Chamber's Board Meetings. Quarterly reports that include the sources of expenditure of funds, major pro- jects, number of industrial prospects who visited Denton and industries locating in Denton will be presented to the Denton City Council, Public Utility Board and such other groups as the parties may determine. 4. Su ort Services and Funding. The Chamber shall provide the of ce space, equ pent an support staff necessary to the 1 operations of the Office of Economic Development. The City shall, during the first year of this Agreement in the amount of Thirty-three Thousand Four HundredvThirty-nine 1 Dollars ($333439), when, and if, matching funds from other public or private sources in the amount of Sixty-six Thousand Eight Hundred Seventy-six Dollars ($661876) or more, are provided to the office of Economic Development. Thereafter, the City shall provide annual funding in the amount appropriated for that purpose by the City Council, Any funds provided b the City g shall be retained in an account sepaate pursuant from this Chamber's general operating fund and shall only be used for the purposes PAGE 2 1 1. i { Y 1 provided for in this Agreement. The Office of Economic Deve- lopment shall keep current and accurate records of all funds received and expended, which shall be subject to inspection by the City at all reasonable times. A monthly financial statement showing all current revenues and expenditures of the Office shall be provided to the City in the Chamber's monthly Board Packet. 5. Status of Office. The Office of Economic Development created- under [Fi-s ggreement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker's compensation premiums. The Chamber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any + vehicles used by employees of the Office and the Chamber agrees ` a to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees. t o. N' b. Term; Termination. This Agreement shall be effective for a term o one year from the execution hereof, and shall be automatically renewable for successive period of one year with- out the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for arty successive year, in which case this Agreement shall terminate. In any case, however, either party may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. ` Executed this JZf~day of , 1986. rc. `1 RA ST E , MA CITY 0 DENTON, TE°',S R { t PAGE 3 X tl F ATTEST: 0 r. CITY OF DENTONs TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOYITCH, CITY ATTORNEY r .:w + CITY OF DENTON, TEXAS„ BY: a Y J T` DENTON CHAMBER OF COMERCE { •y t dl ~ ~ ' 1 i' 1it,i;. J J y .,I L "Y ~M x I i 1y F ]r w 0 tl 4 Y K dC ti a i ~ , I <te d PAGE 4 5 1 s; 1 y'I 1 k i i f FILE a# L'N iN,