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HomeMy WebLinkAbout02-02-1988 I 1 6 AGENDA CITY OF PENTON CITY COUFCIi, February 2, 1988 Work Session of the City of Denton City Council on Tuesday, j February 2, 1988 at 5:30 p.m, in the Civil Defense Room of City Hall it which the following items will be considered: Notes Any item listed on the Agenda for the Work Session may also be considered as part of the Apenda for the Regular Meeting, 5:30 p.m. ' 1. Receive a response from the Finance Department regarding the Report to Vanagement of Peloitte, Haskins 8 Sells, 2. Receive a report concerning the collection of ticket fines. parkin? 3 3. Update on bids for police sedans. f ~I i 4• Hold a discussion regarding location and date for the Council-Manager goals and Plans Update Seminar. S. Executive Session: j A. Legal Matters Under Sec, 2(e), Art, 6252-17 V.A.T.S. i 1. Consider possible litigation concerning the airport Improvement contract, 1. Real Fstate Under Sec. 2(f), Art. 6252.17 ~ V.A.T.S. C. Pers,%nnel/Board Appointments Under Sec, 2(g), Art 6252.17 V.A.T.S. Regular Meeting of the City of Denton City Covocil on Tuesday, February 2, 1988, at 7:00 p,m, in the Council Chambers of City Hall at which the following items will he considered: I 7:00 p.m. j 1. Consider approval of the minutes of the work session ! of December 29, 1987 and the regular meeting of January S, 1988, 2. Receive a proclamation for "Child Passenger Safety ` Awareness Week". rr s. j i i City of Denton City Council Agenda February 2, 1988 Page 2 n 3. Presentation from The Southland Corporation to the Denton County Friends of the Family. i 4. Consider a request from the Denton Girls Softball Association fe: a waiver of a Parks and Recreation policy regarding advertising in City Parks. (The Parks and Recreation Board considered and did not i recommend approval") Public Hearings S. A. Consider adoption of ordinance amending Appendix ~II B-Zoning of the Code of the City of Denton, Texas, to provide for a definition, parking requirements, and zoning district use desipnation for flea markets, providinp for a severabtlity clause; providing for a penalty in the maximum amount of $2,000,00 for violations thereof; and q providing for an effective date. (The Planning and Zoning Commission recommends approval,) i 6. Consent Agenda " Each of these items is recommended by the Staff and be stic on the bast approval thereof Awill of the pprova l ofrthe Consent Agendasauthorizest recommendations the ` . App City Manager or his designee to implement each item in accordance with the Staff recommendations. j Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda, Detailed beck-up information is attached to the o (Agenda 7 This listing is the e Consent Agenda to a + prior to approval of the ordinance. A. Bids and Purchase Orders: 1, Bid 09805 - Airport improvements 2. Bid 09820 - Sedans, Pickups, and Trucks B. Plats and Replats 1, Consider approval of preliminary and ftrio l j replat of part of Lot 27 of the Foxhunt Addition. (The Planning and Zoning j Commission recommends approval.) i , F City of Denton City Council Agenda February 2, 1988 Page 3 2. Consider approval of preliminary plat of f Summerwind, Phase 11. (The Planning and Zoning Commission recommends approval.) 7. Ordinances A. Consider adoption of an ordinance acceptinv l competitive bids and providing for the award of i contracts for the purchase of materials, I 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. i C. Consider adoption of an ordinance withdrawing the award of a contract for the purchase of police sedans; and awarding the contract for such purchases to Pave Krause Podge. D. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton t General Obligation bonds, series 1988, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. F. Consider adoption of ordinance amending Ordinance No. 84.25 to correct an error in the metes and bounds description; and declaring an effective date. (Z-1621) F. Consider adoption of an ordinance amending Ordinance No. 85.197 to correct an error in the metes and bounds description; and declaring an effective date. (A-22) G. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Tonto Construction, Inc. for an increase in the contract price; and rovidinp an effective date. (The Public Utilities Board recommends approval). H. Consider adoption of an ordinance designating and establishing a school safety speed zone on Hickory Creek Road from its intersection with Montecito Drive and Montecito Drive from its intersection with iickory Creek P.oad; reducing the maximum prima facie speed limit for such portions of said streets from thirty (30) to twenty (20) miles per hour during certain hours; b f ~I !.y j i1 f City of Denton City Council Agenda February 2, 1988 Page 4 providing a penalty of a fine not to exceed five hundred dollars ($500,00); and providing a severability clause; and declaring an effective date. ` k 1. Consider adoption of an ordinance designating and I{ E establishing a school safety speed zone on Farris Road from its intersection with Silver Dome Read I to its intersection with Grant Parkway and on Grant Parkway from its intersection with Farris Road to a point south of the fifth drive for approximately 1,150 feet; reducing the maximup! prima facie speed limit for such portions of said streets from thirty (30) to twenty (20) miles per hour during certain hours; providing a penalty of a fine not to exceed five hundred dollars j ($S00.00); providing a severability clause; and declaring an effective date. J. Consider adoption of an ordinance approvinp, an interlocal agreement between the City of Denton and the Town of Little Elm for the impoundment i and disposition of dogs and cats; and declaring f an effective date. i K. Consider adoption of an ordinance authorizing the Mayor to execute an amended and restated security agreement between the City of Penton and Flow Regional Medical Center, Inc. 8. Resolutions A. Consider approval of a resolution amending the a Denton Ceveiopment Guide by changing the overall i concept plan and land intensity areas; and declaring an effective date, (The Planning and II Zoning Commission recommends approval,) B. Consider approval of a resolution authorizing Amendment No. I to the airport commercial lease between the City of Denton and Fox-51 Limited; and providing for an effective date. (The ` Airport Board recommends approval) C. Consider approval of a resolution authorizing the City Manager to submit an application to the Texas Rental Rehabilitation Program Fund for a grant; and providing an effective date. i i I City of renton City Council Agenda February 2, 1988 Page 5 D. Consider approval of a resolution accepting Amendment No. 1 to the grant agreement with the Federal Aviation Administration; and providing, an effective date. 9. Miscellaneous matters from the City Manager. A. December budget report. 10, Official Action on Fxecutive Session Items: A. Legal Hatters B. Real Estate C. Personnel j D. Board Appointments 11. New Business: a This item provides a section for Council Venbers to 4 suggest items for future agendas. 4 12. Executive Session: k, A. Legal Matters Under Sec. 2{eArt. 6252-17 I V. A. T. S. A. Real Estate Under Sec. 2(fArt, 6.7S2- 17 ' V,A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), { Art 6251-17 V.A.T,S. 13. Adjournment C F R T I F I C A T E x 111 t i I certify that the above notice of meeting was posted on the bulletin boa d at the C ty Hall of the City of Penton, Texas, on the day ofj J t , 1988 at o'clock (a.m.) p.m. 2847C iii . t cal V r AGFNPA i CITY OF PFNTON CITY COUNCIL February 2, 1988 1 Work Session of the City of Denton City Council on Tuesday, February Z. 198 at 5:3.m. at which the following items h will Civil be considered Poor of Ci be considered as Apende ofr the the Work Session ra thy f Note: also item Regular Meeting. 5:30 p.n. 1, Receive a response from the Finance Department I regarding the Report to Management of Deloitte, Haskins 6 Sells. 1 2. Receive a re,lort concerning the collection of parking a ticket fine3. 3. Update on bids for police sedans. hs"s • q, Hold a discussion regarding location and date for the Council-Manager goals and Plans Update Seminar, ti f C i { t l 5. Fxecutive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2.17 V.A.T.S. 1. Consider possible litigation concerning the t+" airport improvement contract. o S. Real Fstate Under Sec. 2(f), Art. 6252-17 V.A.T.S. i C. Personnel/Roard Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1 Regular Meeting of the City of Denton City Council on Tuesday, k February 2, 19889 at 7:00 p.m, in the Council Chambers of City Hall at which the following Items will he considered: 7:00 p.m. 1. Consider approval of the minutes of the work session of December 29, 1987 and the regular meeting of January S, 1988. f 2, Receive a proclamation for "Child Passenger Safety Awareness Week". N ~ r City of Penton City Council Agenda j February 2, 1988 f Page 2 Presentation from The Southland Corporation to the Denton County Friends of the Family, 4. Consider a request from the Denton S I r I s Softball Association for a waiver of a Parks an.' Recreation policy regarding advertisinp in City narks. (The • ` Parks and Recreation Board considered and did not II recommend approval.) 5, Public Hearings A. Consider adoption of ordinance amending Appendix i B-Zoning of the Code of the City of Denton, Texas, to provide for a definition, parking requirements, and zoning district use desipnation for flea markets, providing for a severability clause; providing for a penalty in the r+aximum amount of $2,000.00 for violations thereof; and providing for an effective date. (7he Planning and Zoning Commission recommends approval.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Apends authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the " agenda. Detailed back-up information is attached to the ordinances (Agenda iter, 7.A0 7.B), This listinp is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of th, ordinance, A. Bids and Purchase orders: 1. Bid 49805 - Airport Improvements 2, Bid 09820 - Sedans, Pickups, and Trucks M". B. Pints and Replats 1. Consider approval of preliminary and final replat of part of Lot 27 of tbn Foxhunt Addition. (The Planning, and Zoning Commission recommends approval.) t J i City of Denton City Council Agenda February 2, 1988 Page 3 t 2. Consider approval of preliminary plat of Summerwind, Phase 11. (The Planning and Zoning Commission recommends approval.) 7. Ordinances A. Consider adoption of an ordinance accepting f competitive bids and providing for the award of !I contracts for the purchase of materials, equipment, supplies or services. A. 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 withdrawing the award of a contract for the purchase of police sedans; and awarding the contract for such purchases to Pave Krause Dodge. D. Consider adoption of an ordinance authorizing the Issuance, sate, and delivery of City of Denton General Obligrtion bonds, series 19881 levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. i E. Consider adoption ordinance amending Ordinance No. 84-15 to correct an error In the metes and bounds description; and declaring an effective date. (Z-1621) F. Consider adoption of an ordinance amending Ordinance No. 85-197 to correct an error in the " metes and bounds description; and declaring an effective date. (A-22) G. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Tonto Construction, Inc. for an increase in the contract price; and providing an effective date. (The Public Utilities Board recommends approval). H. Consider adoption of an ordinance designating and establishing a school safety speed zone on Hickory Creek Road from its intersection with Montecito Drive and Pontecito Drive from its intersection with Hickory Creek Road; reducing the maximum prima facie speed limit for such portions of said streets from thirty (30) to twenty (20) miles per hour during certain hours; 4 f r "c` I ~i i ~i City of Denton City Council Agenda February 2, 1988 Page 4 providing a penalty of a fine not to exceed five hundred dollars ($500.00); and providing a severability clause; and declaring an effective date. 1. consider adoption of an ordinance designating and establishing a school safety speed zone r.n Farris Road from Its intersection with Silver Pore Road to its intersection with Grant Parkway and on Grant Parkway from its intersection with Farris ! Road to a point south of the fifth drive for approximately 1,150 feet; reducing the maximum prima facie speed limit for such portions of said streets from thirty (30) to twenty (20) miles per hour during certain hours; providing a penalty of a fine not to exceed five hundred dollars 4 ; ($500.00); providing a severability clause; and { k declaring an effective date, f J. Consider adoption of an ordinance approving an ! interlocal agreement between the City of Penton i and the Town of Little Elm for the impoundment and disposition of dogs and cats; and declaring an effective date. K. Consider adoption of an ordinance authorizing the I Mayor to execute an amended and restated security agreement between the City of Penton and Flow Regional Medical Cer*.er, Inc. 8. Resolutions A. Consider approval of a resolution amending the Denton revelopment Guide by changing the overall concept plan and land intensity areas; and declaring an effective date. (The Planning and Zoning Commission recommends approval.) A. Consider approval of a resolution authorizing Amendment No. I to the airport commercial lease between the City of Penton and Fox-51 Limited; and providing for an effective date. (The Airport Board recommends approval) ;i C. Consider approval of a resolution authorizing the City Manager to submit an application to the Texas Rental Rehabilitation Program Fund for a grant; and providing an effective date, i i 1 T- i City of Penton City Council Agenda February 2, 1988 1 Page 5 i j P. Consider approval of a resolution accepting Amendment No. 1 to the grant agreement with the Federal Aviation Administration; and providing an j effective date. 9. Miscellaneous matters from the City Vanager. A. Picember bu(! , t report. 10. Official Action on Fxecutive Session Items: A. Legal Matters B. Real Estate C. Personnel 1). Board Appointments i 11. New Business; ` This item provides a section for Council Members to suggest items for future agendas, 12. Fxecutive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. R. Real Estate Vider Sec. 2(f Art. G2S2.17 V.A.T.S. I C. Personnel/Poard Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 13. Adjourument { C F R 7 1 F I C A T E I certify that the above notice of meeting was posted un the f bulletin board at the City Hall of the City of Penton, Texas, f on the day of , 1988 at o'clock P, m. CITY SFCNFTARY-- F 28470 I 1 i E ~1 i I• 1I' t ~ 6 I I I ~ M i I I 5-'c30 ~t WTV ofDENTON, TEXAS MUNICIPAL BUILDING / OFN10N, TEXAS 76.01 TELEPHONE 017) 566.8100 MEMORANDUM DATE: January 28, 1988 TO: Lloyd Y. Harrell, City Manager . FROM John F. McGrane, Executive Director of Finance a SUBJECT: RESYUNSES 7U DELUI7TE HASKINS G SELLS REPORT 7'U~ MANAGEMENT FUR 1HE YEAR ENDED SEPIE14BLR 309 1987 i Attached is a co t py of the reponses to the year end fiscal audit management report as submitted by the accounting firm of Deloitte Haskins G Sells, if The attached follows the outline of the report as submitted by r DH6S. he have recopied their observations, recommendations and e have added our responses. If you need any further information regarding our responses, please feel free to contact me, n ~c rane JFMcG:af Attachments 313SF I t f5utm w . 1 F A Ap t, 1t i' I ) CITY OF UENTUri - AUDIT RESPONSE JANUARY 2b, 1966 CA S k US- I M Obs-:rvation: Tae library uses a cash register when collecting cash recefptel however, the cash register tape is not sent to the Cashier's office J along with the deposit slips, checks and cash. Recommendation: In order to maintain tighter controls over cash received at the library, the cash register tape should be forwarded to the Cashier, The I Cashier should then ensure that the register tape agrees with the cash and checks collected. ' Response: The Finance Department staff has contacted the library Director 4 through a personal visit and by memorandum dated January 4, 1966. ,he 4 Director agreed that the library will forward the cASh register tape to Cashiering at least tsgice a week. Cashiers will ensure that the tape agrees with the cash and checks collected. Any discrepancies will be reconciled with the library in a timely fashion. i 2 Mail Remittance Machine Observation: Utility bills and property tax nail receipts are opened manually, cash receipts are totalled and recorded manually, and credits to customer accounts are input manually. The process is 61014 and does not allow 1 for proper segregation of duties (City personnel have access to cash and records), Machines exist (which can be leased or purchased) which can 'reaa" utility stubs and automatically record the credit to the customers' accounts, It is a much frster and more accurate process than manual recording, It would also act as an additional control as City personnel would be required to bal,:nce ` cash received to credi.s to customers' accounts. These or i:milar machines could probably also be used for property tax payments. Recommendation: Consider leasing or purchasing mail remittance machines for utility bill and properly tax receipts. i i r Deloitte, Haskins & Sells i4f Audit Response Page 2. 9 Response: We have contacted several vendors and will be receiving proposals for potential options. However, preliminary indictions are that the equipment is expensive and may be outside the possibilities of this year's budget. Upon review of the various alternative systems and associated costa, we anticipate this to be a budgetary item and will provide a package for consideration in the 19bb/89 budget process. i Lock Box Observation: The City does not use a lock box system to deposit cash receipts. Recommendation: Consider opening a lock box at the City's depository bank. r A lock box system should strengthen internal accounting control and reduce the ! C - I~ City's staff time involved in processing and depositing cash receipts. Response: We are considering the lock box possibility and have initiated contact regarding such with our depository bank. Upon response from our depository bank, we will review the cost/ benefit of potential implementation. i I i I~~ . -V - - y ( , Deloitte, Haskins 6 Sells Audit Response Page 3. I 9 ~ PURCHASING written Quotations Observation: The City has an internal policy of requesting bids on items { (non-emergency) over 6,000. Bids are received by telephone and written ` i quotations are seldom received. 11r` Recommendation: written quotations should be received from all vendors requested to submit bids prier to the issuance of a purchase order. Response: The wirtten policies and procedures for the Finance/Purchasing Department have been revised and are currently being rewritten. Written i{ quotations and/or bids will be received as required by the Purchasing Agent for purchased items on services between the amounts of 5,000 and 119,000. ti. Open Purchase Orders observation: The City has over thirty (30) open purchase orders with 1 various vendors. There are r.ct written policies on utilization, purchase I j authorization and monetary limits. i r' Recommendationt Review all open purchase orders an limit the number to only those absolutely essential for service provision. Written policies for utilization should be developed and incorporated in the Purchasing Policy and Procedure manual. All open purchase orders should be reviewed on an annual basis. ~d Responset The practice of having open purchase orders of thirty (3U) days will bebe automatically eliminated with the full implementation of the Extended Purchasing Software package. It is anticipated that this package will be operational by March 15, 1986. F I ' Venex a not submitting Bide observation: vendors who do not submit a formal bid for items over plotau ' are telephoned by the Purchasing Division and requested to provide n verbal reason Eo submitting a cost quotation, for not Recommendation: A standard written format specifying reasons for not submitting a cost quotation shoulu be developed and incorporated in the bid ` package. These forms should be returned to the finance Director. I T .r : P Deloitte, Haskins b Sells Audit Response Page 4. Rer We have now initiated the practice of contacting and modifying --no response' vendors. Purchasing is developing a form that will be included sing will we be sent to the in the bid packages that are sent forwarded to,thAll responses f Finance Director and a copy Policies and Procedures Observations The existing purchasing policies and procedures are not current and are under revision. Complete the revision for approval by the City Council. Recommendation: Procedures for Procedures for the new automated inventory control system, open purchase orders, written quotations for purchases of ~6,uuu to Olu,0u0 aria written E guidelines fox no-bid response should be incorporated. The staff agrees with the recoaaendations and is in the process n ofsrevising and updating the purchasing policies and procedures. r f t r ~ r ~ e :="s f i . ! ; Jr 4 r E z l I A~ f I ;I a Deloitte, Haskins 6 sells Audit Response Page 5. Lease Accountf~ Lease payments are not properly recorded in the general ledger. Therefore, audit adjustments must be made at year-end. Recommendation. Use the lease payment/amortization schedules which the City already maintains to properly record principal reductions and interest expense on capital lease payments. Response: The staff agrees with the recommendation acid, for capital lease 3 payments, will quarterly record principal and interest adjustments on the 1 general ledger. y Cancellation of Documentation Observations Several voucher packages were reviewed in which some or all of the pages were not cancelled (stamped paid). According to the city's internal i control procedures, every page in the voucher package should be stamped as pa Id. Aeco City should take appropriate steps to ensure that each , __n,m_e___ndati,r The page in the _on vouches package is stamped 'pals' when the check is issue For checks over 030UUU, the check signer who reviews the documentation ana initials the signed chp-k should also note that the documentation has been appropriately cancelled. * Response; The City's internal control procedure is established to stamp the vendor invoice 'paid.' In order to facilitate this process, the accounting clerks attempt to stamp all documents within the package in order to expedite review procedures, We will attempt to ensure that the clerks at least stamp the invoice 'pall.' We are also investigating an alternative method that will deface the documents on a larger scale and thus increase productivity. We are exploring utilizing the creativeness of our Machine Shop to produce the type of equipment necessary; otherwise, the cost would be prohibitive. Initialing Checks Greater Than 3 000 Observation; Checks were noted which exceeded f3,UUU tat were not initialed by sn authorized check signer indicating that the support was reviewed prior to release of the check. I. Deloitte, Haskins 5 Sells Audit Response Page 6. rizea check signer who initials checks exceeding Recommendation: The autho 3,000 should be provided with a check register at the time he is given the checks, he should then scan the check register for all checks written over 03,000 to ensure he has reviewed every one. Response: The staff agrees with the reconunenoation on procedures; however, we are investigating the process of reviewing checks in excess of 10,000, which will coincide with purchasing procedures that hove been previously amended by City Council. Inventory Observation Observation: During the year-end utility warehouse physical inventory observation, we noteu the following: x c Numerous mathematical errors were noted on the inventory count tags, o The inventory counts were not reviewed and tested by a second counter. o Inventory instructions were not written. 's Recommendation; Each counter should be provided a calculator. All inventory counts should be tested ano initialed by the second counter. ! j instructions for counting physical inventory should be printed and distributed E to each counter. Responae: The staff agrees with the recommendations. Calculators will be furnished to counters when applicable and, if necessary, recounts on required i items or sections of inventory will be conducted. Also, instructions for s counting physical inventory will be distributed prior to the actual taking of the year-end inventory. Safekeeping Receipts 1 Observation; The City does not receive original bafekeeping receipts of the collateral pledged against the City's bank deposits from the custodian bank. Recommendation: Request the custodian bank to forward the original II safekeeping receipt to the city. This procedure would ensure that the securities belonged to the city in the event of any bank uncertainties, Response: We have made this request to the depository bank and they have declined to meet this request* he do receive NCR paper copies of the receipts I that clearly indicate the securities are pledged to the city of Denton, We have trade a second request to the bank and have not received a response as of yet, 1 1 I rw- - N I Deloitte, Haskins i Sells ( Audit Response Page 7, I INTF:uNAt. _a,rirlT Observation: Currently, the City relies on its system of internal accounting control and annual independent audit to provide assurance that the financial statements are fairly presented, while this reliance is adequate, an internal audit function would provide an additional control level and ` establish a system which would better monitor operations and the accounting System of the City, Recommendation: Consider establishing an internal audit function, internal auditors' duties and responsibilities vary widely among cities. Frequently, J internal auditors are involved with operational reviews and special projects Z as contrasted with the traditional tole of financial auditing. 1 The internal auditor should have no authority over, nor responsibility for, the activities examined. In order for objectivity to be maintained, we r suggest that the individual performing this function report directly to the City manager and report semi-annually to the Audit Committee of the Board. This type of arrangement should provide a level of internal control through segregation of responsibility and give the internal auditor the authority required to operate across departmental lines to best perform the job. Response: The staff agrees with this recommendation and will once again i submit a budget package for consideration In 19SB. . ~ i I I j I J~J 1 f i i Deloitte, haskins b Sells Audit Response Page B. BUDGER OFFICER Otaeryation: The City has not designated to one individual the responsibility to review and investigate compliance by all City departments with the annual budget. Recommendation: Consider establishing a budget review function by either designating a department or individual with the oversight responsibility of budgetary compliance. Response: The staff agrees with this recommendation and has considered this item in past budget reviewsr however, due to the fiscal restraints funding was not provided. This reconanenoation will also be submitted as a supplemental package in the 1988/89 budget consideration. i i j ll i 1 1 s I i f k i E, Deloitte, Haskins 6 Sells Audit Response Page 5. R£pOR1'S S Preparation of the grantee Performance Report Observation: The Grantee Performance Report for the period 7/18/86 - 7/lb/87 did not reconcile to the general ledger. In addition, one page of the report contained mathematical errors. The report was amended by CDBG office personnel after the errors were brought to their attention during the audit. Recommendation: The Grantee Performance Report should be prepared by the CDBG office using the accounting records/general ledger. A formal reconciliation should be prepared by CDBG and then revleweo and approved by the Finance Department. f Response: The Accounting division will review, ano a formal approval procedure will be initiated, to approve future CDB(u grant reports to ensure consistency with accounting records. Any variances will be reconciled with the CUBG office prior to submission of the report. Utilizing Report Mriter Function Observation: Financial statistics, taken from the LGFS reports, are being i,r ? input into the Wang word processing system or into Lotus spreadsheets to allow for ad hoc reporting or other changes. The American Management System 'a " x report writer function is not being utilized by the user departments. The AMS report writer is perceived to be extremely complicated to use and users have not been properly trained. r+ Recommendation: Users should be trained to use the report writer function fyy of other report writing systems should be considered. Response: The staff agrees that some report writing/communicaton system is eesential and will investigate alternative methods of utilising one of the # systems. a ll i J 3 Deloitte, Haskins 6 Sells 1 Audit Response Page 10, 3 ' ~ CAFETERIA PLAN observation: A cafeteria plan is a fringe benefit plan that receives special tax treatment under Section 125 of the internal Revenue Code. The plans allow employees to have quaiifieo expenditures deducted `,gym their earnings on a pre-tax basis. Some of the most significant qualified expenditures are group insurance deductions, child care deductions, anc medical reimbursement accoant deduct•,ons, Recommendation: Consider establishing a cafeteria plan, as it could be an effective and efficient tool for improving the compensation package offered City employees, It could increase employees' take-home pay and enhance their job satisfaction. Response: The staff agrees with this recommendation and has already ' implemented the cafeteria plan program for employees. i i i t t i E j j i j f 1 i i i ~i I j Deloitte, Haskins 6 Sells Audit Response Page 11. 1 ~ DATA PROCESS}~j OPERATIONS i Passwords Observation: Passwords are not changed on a timely basis. Currently, passwords are protected only once a year. To provide adequate confidentiality of passwords, they should be changed more frequently. Additionally, programmer log-on identification codes and passwords are taped on the wall in Data Processing, allowing accessibility to unauthorized personnel. v Recommendation: Institute mandatory procedures for a more frequent and c,)nsistent change of passwords) for example, every 30 to 60 days. Protect the j confidentiality of programmer log-on identifications and passwords by emphasizing to the programmers: that any transaction executed using his E password will be his responsibility, and 2) all log-on identifications and passwords should be memorized. A library of all passwords should be controlled by the Data Processing Director in a protected computer file or under lock and key. Response: At present there are approximately 175 sign-one and passwords, and to change all passwords on a 30- or 60-day basis would be extremely time-consuming, costly and confusing, however, a new procedure has been instituted to change approximately 1/6 of the sign-one and passwords each month, there.y changing everyone's sign-on and password twice a year. At this time the sign-one and passwords are stored in a computer file that can only be accessed by the Director of Data Processing and key data processing staff members, Program Chan a Control Observations Unauthorized changes may be made to production programs. Program changes are seldom made because the majority of the software is purchased. However, programmers have unlimited access to the source code. A transaction/activity log is produced but not reviewed on a timely basis. Recommendation: Review the transaction/activity log on a periodic basis to ` determine that all programs and program change were authorized. ` Response: Currently all modifications to programs are initiated by a data f processing programming request form that to signed by the Director or division managers of the requesting department. There programming request forma are I reviewed by the Director of Data Procvessing or the Senior Programmer Analysts. I. more frequent review of the activity log is now occurring, but ` the continued direct involvement of the Senior Programmer/Analyst in I , ~ i ' i ■ i Deloitte, Haskins 5 Sells Audit Report Page 12. modifications appears to be the molt effective monitoring of progran+ming i changes. ComouRoom Access Observation: The operations area is accessible to all Data Processing E F personnel. The operations area has three entrances/exits. One doorway is I by lock pe her rtw[amnerseChave knowledgea i secured by a combination lock, while the ot of key. All Data processing personnel, including p o9 ing or the combination. Access to the computer room s rind be, allowed only to authorized operations personnel in order to prevent tamper accidental destruction of files and equipment. [ rctice is to have the programming staff enter €I Response; While the current pr ate ieve t a icomputerand operationsd sttest aff tereorpresent +he computer room to retr } at programmers do not oper programmers are in the computer room. during normal business hours when the The rxtesting activities, curing timehframes other than normal business lh rs$ staff is ' much ramming staff from the computer such as weekends. The [estrictiproductivsity for both the computer operations i, room would result in a loin of productivity this restriction would staff and the programming staff. 'increase the cost of testing in non-normal opeLaccrs available hduringn test overtime pay rer.uired in having computer ope sessions. Currently, funds have not begin budgeted to cover this type of i overtime expense. t APPLICARIoss Payroll Observation: One individual inputs the payroll data and reviews, balances and approves the batch transaction report. Recommendation: An individual independent of the payroll data input personnel shuuld review, balance and approve the batch transaction report. ~i er controls, an Respo-n.is: Staff agrees that, in order to ensure prop balance ran individual independent of the data i11p t personnel sh tld review, a where a approve batch transaction repo i i I 4 ` 4 t N Deloitte, kaskins b Sells Audit Response r ' Page 13. supervisor in the Accounting Division will verify batch totals on reports. Also, a supervisor will verify beginning and ending check sequence to Data Processing runs ano follow up or. any discrepancies. Access to master Files } Observation: 1'he Personnel and Payroll Department Sf` personnel Lake unlimited access to the Payroll/Personnel master tile, allowing unauthorized individuals the capability to add, change or delete master file records. the Employee Information System ('EIS`) extended security system is being approved for implementation in the near future to control access to authorized users. Currently, both Personnel and Payroll receive all transaction reports to review each other's inputs, changes and deletions. s Response: the implementation of the extended security system is being t i pursued, Under the current procedures, both the Personnel Department and the Finance Department psrform identical functions on active employees, depending w, F on whether they are processing a new-hire or processing an employee who is already on the Payroll/Personnel system. As long as these similar functions are performed by both departments, then each department must continue to have the ability to inquire, update and correct the same data fields. the extended security system will in reality provide other user departments with inquiry capability to data fields that are not confidential and/or critical to secure and operate the Payroll/Personnel system. Currently, the procedure for gaining access to this system requires the approval of the Director of Personnel prior to the Data Processing Department establishing a sign-on and password. i s I d Il r i 1 r r ~ f+ f+ Deloitte, Haskins 5 Sells Auait Response Page 14. i C, curt System implementationplementation has been significantly delayed due, in part, to lack of defined user responsibility. The role of s P user champion, with appropriate authority and responsibility, is a critical I{` success factor for new system installations. 4his situation has been t compounded by extensive turnover of user personnel. ~ f Recommendation: Each system installation should be guided by a user steering committee with a chairperson assigned with the necessary authority and defined responsibility for successful implementation. Res onset This observat!on has been aadreased in a report by staff to the } City Council. As recommended in the report, an advisory committee has been i installed to guide the general direction of the Court, not only in automation, k but in all areas. The acting Court Administrator has been given the authority and responsibility of implementation and operation of the system. i E Court System Automation Observation: The City !9 currently utilizing a manual system for processing court transactions. The city has [tecon,menGationt Analyze automation of court functions. existing software which was pruvlded at n o cost by another Texas municipality. The City should ensure that the software meets identified user requirements. if so, the implementation of the automated system should k proceed. tesponaes The training of personnel on the Municipal Court automated system began several months ago. The system went on-line as of January 25, 1988. r i Policies and Procedures Obeervationr There are no written policies ana procedure which define transaction processing, methodology, work flow, etc. Recommendations Develop a written Municipal court policy ana procedures manual. She manual should incorporate the procedural changes which result from an automated system. Responses A written policy and proceoures manual is in place and being utilized in the current operation. 'this manu^? will continually be updated, revised and amenoed to aohere to the necessary changes brought on by an automated system. R Deloitte, Haskins 6 Sells Audit Response Page 15, Warrants and Parking Tickets Observation: There is a backlog of warrants for misdemeanor traffic offenses and uncollected parking 'rickets. i riot to the Recommendation: Develop a strategy to eliminate the backlog p automated system going on-line. j Resconsei As of November 15, the backlog for misdemeanor traffic offense tickets in the Municipal Court area had been eliminated through effective operation of the Department ano hard work by the new personnel in the Division. A report on uncollected parking tickets will be presented to Council on February 2, 19b8, j a Personnel Changes Observation: There have been significant personnel and organizational problems in the Court area. j Recommendation: Consider con6ucting a high-level review to develop an organizational structure that combines required activities and support functions with improved operations into a framework that will be practical in the operational and administrative environment of the City, Job design and related human resource issues should be reviewed, Responses Personnel has completed its review on the majority of the positions within the Municipal court Clerk's area and the Municipal Judge's area. They are in the process of reviewing the municipal Coutt Clerk's Administrator position. It is anticipated that a final decision regarding that position will be made within the next week or so. The implementation of the organization structure will allow for career growth that adheres to the overall practical operation and administrative guidelines of the City, i i I 3132E 01/28/66 ~r SOME i I k 1 I 1 1 e .f ~30 Ca. CITY COUNCIL REPORT FORMAT i T0: Mayor and Members of the City Council 7 FROM: Lloyd V. Harrell, City Manager SUBJECT: Collection of parking.ticket fines e RECOMMENDATION: The City should institute a late charge on overtime parking tickets that are not paid within ten ten days of issuance. Those people holding lace tickets should receive a warning letter, followed by a summons, followed by a warrant if necessary. The City should also r pursue appppealed tickets at the County level, and lobby to get S.B. 919 j SUMMART: to include cities the size of Denton. { BACKGROUND. r The City's collection rate on over time parking tickets is at leas than SO%. ; PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Municipal Court Clerk's Office, City Attorney's Office FISCAL IMPACT: The amount of money collected from parking tickets will increase. This j increase will be more than enough to offset the additional administrative ! time involved, 4roy TFULLY UAMITT' arre City Manager i Prepared by: a Rogor Nelson, Administrative Aide Name Title Approved: Name Title 2b33C/3 . ` I 'J CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 /TELEPHONE (817)586-8307 Office of the Wy Maneger I MEMORANDUM i Date: January 20, 1988 To: Lloyd Harrell, City Manager From: Roger Nelson, Administrative Aide Subject: Parking Ticket Collection Currently, there are two file drawers full of unpaid parking E tickets. These drawers hold approximately 16,000 unpaid parking tickets, none of which are more than two years old. During fiscal year 1986-1987 parking tickets accounted for $320775 in revenues. If we assume that all of these paid tickets were of the three dollar variety only, and that approximately 22,000 parking tickets were written, a payoff percentage of only 49,71 is the result, The assumption that none of the paid tickets were for parking in a handicapped :one ($50) or in a no parking :one ($6) makes the payoff percentage ` an artificially high figure. The real payoff percentage is hI probably somewhere in the upper 30 to lower 40 percentiles. There are many reasons why the City's performance in collecting F outstanding parking tickets has been less than exemplary. The Municipal Court does not have a system for tracking tickets and a number of people seem to be aware of this situation. The fine for overparking is only three dollars and there is no penalty to encourage people to pay their tickets in a timely manner. Denton's Municipal Court is not a court of record which makes appealing tickets to the County Courts an easy way to fix your tickets, Finally, the one sure way of grabbing a violator's attention, towing his/her vel-icle, has been denied to cities under 200,000 by Senate bill 919. The root cause of the City's inability to collect parking, violation fines can be found in the Municipal Court's tracking system. When a parking ticket comes into the Municipal Court Clerk's orfice it is filed according to license plate number. ~I ,f 1 . Lloyd Harrell January 20, 1988 Page Two The volume of parking tickets received in the Court Clerk's office (roughly 2000 per month), the low payoff on the tickets (three dollars), and the personnel hours involved in nanually pulling tickets and notifying violators makes tracking the tickets infeasible. In late January the Court will be automating its operations and parking ticket tracking will he one of the features of the system. Automation will not solve all of the City's problems with collecting fines, but it will he a major step forward, Another problem involves the amount of the fine for overparking. The current fine for overpacking in a two hour arking :one is three dollars, Other cities in the region have basic fines ranging from two to twenty dollars and late penalties totaling anywhere from four to thirty dollars, ' Denton does not have a late penalty, the ticket costs three dollars on day one and it costs three dollars on day two i hundred. There is no reason for a violator to pay his/ker ticket quickly since the cost will never change. A small minority of the tickets are routinely appealed to the County Courts because the City is not a court of record. The term "routinely" is used because the tickets being appealed are being appealed on a regular basis for the same vehicle. Appealing is one way of assuring that your ticket will never be seen again. Why would the City waste its time on a three dollar parking ticket? The City has an ordinance establishing parameters for when and how a vehicle can be towed for outstanding parking tickets. The City Attorney has reviewed the ordinance and has determined that it is unconstitutional. Writing another ordinance would be an option, but the State Legislature passed S.P. 919 during its most recent session. Senate Bill 919 allows cities in excess of 2009000 to tow vehicles with three or more outstanding parking tickets during a calendar year. Because Denton does not meet the population requirement established by SR. 919, and because S.B. 919 is the legislation that enables cities to tow vehicles, towing is not a viable option. One suggestion for recovering at least a part of the money owed to the City for delinquent parking ticket> is having an amnesty period where people can come in and payoff their old parking tickets at a reduced rate. While this idea is not without merit, there are some problems that could arise if the City decided to have an amnesty period. The first problem that I ~I p Lloyd Harrell January 20, 1988 Page Three comes to mind is the affect an amnesty program will have on violators in the future. Even if we institute a penalty for overdue tickets violators may choose to wait until some possible future amnesty day. Right now there are several people in City Hall with a number of outstanding tickets waiting until an amnesty period comes along to pay off their tickets. These are three dollar tickets, not ten or fifteen dollar tickets. Another problem is that by reducing the amount of the fine the City is, in effect, penalizing the people that paid their fines in a timely manner, If they had not paid in a timely manner, they could have gotten a break. is the confusion and controversy that is sure toAoccurrIf rthere 1 is an amnesty period. "Do handica moving violations PPed parking violations, or violations get„ amnesty? Why don't fire lane i week when Igpaidmmysticket 11 iwasn't This is notutotsay that an amnesty day could not be done, but the message the City would be sending out would not be one that says we are getting tough on parking tickets. If the City does want to get tough on parking ti;;ket violators there are some things that can be done almost immediately as well as some long range projects. AUTOMATION Once fully automated the Court will be able to enter a t icket on the computer and the computer will track the ticket. The individualtviolators capability of tracking has. Each week the Municipal Court Clerk's Office will send a tape to the Department of Motor Vehicles In Austin. For ten cents a record DMV will supply the City with the names and addresses of the vehicle owners, This will allow the computer to produce warning letters, follow those that go without a response with a summons, and follow that with a warrant for failure to appear if appropriate. Warning letters have been effective for Penton in the past and have reportedly been very effective for the cities of Arlington and Greenville. As the first step in the enforcement process they have the desired effect outstanding tickets, for about S01 of getting recipients, p Thetnext step is to issue a summons for a court appearance, if the person appears they can enter a plea and the court system can bring about closure on the ticket, if the person does not Lloyd Harrell January 20, 1988 Page Four appear an arrest warrant is issued for failure to appear. When the person is finally brought to court they will not be paying for the tickets, they will be paying a $13.50 state cost, a $25 warrant fee, a $100 failure to appear fee, and any fine the Municipal Judge deems necessary. LATF. PENALTIES j _ When the Court's computer system becomes functional the City may want to institute a late penalty. Late penalties serve two ` functions, they give ticket holders an incentive to pay their tickets, and they will give the Municipal Court a fine that is significant enough to justify pursuinp. Currently, the basic % fine is three dollars, that amount is not so low that it does not have an impact on a person's pocketbook, and it is not so high that it causes undue hardships. The late fee should be high enough to make paying the basic fine within the grace period an attractive option, and it should be high enough that after three tickets have pone unpaid the Municipal Court can pursue payment without losing money in the process. OLD PARKING TICKETS As stated earlier, there are approximately 16,000 parking tickets still unpaid from 1986 and 1987. Before it is decided how these tickets will be collected, it must be decided that these tickets are worth pursuing. None of these tickets are going to be worth more than three dollars apiece since the City does not have a late penalty. In Texas a license plate remains t with the car when it is sold, not the owner. The pepartment of Motor Vehicles will supply us with the name and address of the current owner, but that person may not be the person that owned the car when it was ticketed. The owner of the vehicle at the time of the violation can be tracked down, but the administrative costs will invariably be more than three dollars. On the other hand, if the City does not pursue these tickets the revenue represented by them will never be realized, As with the amnesty period, letting these tickets go will only say to those people that did pay their tickets on time that they could have saved money by ignoring their ticket(s). If it is decided that the tickets should be pursued, how for G M ~ Lloyd Harrell January 20, 1988 Page Five back in time should the City go? Tickets as far back as 1986 at pa the urt's files, older tAskefar a as s ease of warehouse Municipal are the in goo. It lislalsoi a agoodddateitfr m hawpractical tsta dpoint oulA number of the tickets that are unpaid were issued to students. if we go back further than 1986 the chances that the student has graduated and moved from Denton are much greater than if we focus on the two most recent years. The City must decide how aggressive it wants to be in its collection of older parking tickets. It is possible to collect on every last parking ticket, bl!t at some point in the process the City is going to find itself spending more money than it is i making and filling up its Municipal Court docket with people y that owe twelve to fifteen dollars for parking violations. If it is decided that every old ticket holder should receive a warning letter, entering every unpaid ticket on the system will need to be considered. This will require at least one additional Court Clerk position just to do the data entry, and additional system capacity to handle the increased load. The City can probably do just as well by following a less aggressive approach. Start with the people that owe for 20 or more tickets, take them through the same process that we will be using for the newer tickets. After those p people have been cleared out tickets, again fuse the thersamesprocesso the ethas withe e newith 10 to wer tickets,l9 To get to the people with fewer than 10 tickets all that has to be done is some manual checking of the files before a warning letter is mailed. If someone that is getting a warning letter has the some license number as one or more of the tickets in the drawer, add the ticket(s) to the list on the warning letter. Some tickets will go unpaid with this method, but it will be the easiest to implement. COURT OF RF.CORb The Municipal Court is currently a de novo court, because of this status a traffic ticket can be appealed to the County Courts without ever coming to trial in Municipal Court, if the Municipal Court were a court of record the only grounds for Whether h the there City shouldn or an error in should p the court parking proceedings. would 1 i i f h.. Lloyd Farrell January 20, 1988 Page Six not make its court a court of record is beyond the scope and purpose of this report. Obviously, there are many more Important and substantial issues involved in this question than how a court of record will help with the collection of parking violation fines. PROSECUTION AT TFF. COUNTY LEVEL Recently passed legislation authorizes City Attorney's Offices to prosecute municipal cases in the County Courts. Currently, there are approximately 200 tickets on eppeal to the County. The revenue represented by these tickets will never be realized unless the City pursues them in the County Courts. If the City prosecutes one or two of these cases a month we will recover ' the money owed for these tickets, and it is possible that other ticket holders with tickets on appeal will decide to settle rather thin go to court. The tickets are appealed because the parties appealing them do not think the City will waste its time prosecuting a three dollar ticket. The real question will be whether or not these people are willing to spend their money .nd their time defending these three dollar tickets. To prosecute these cases at the County level will put added strain on the City Attorney's office, it is for that reason that it is being suggested that the City only prosecute one or two cases a month to begin with, if the City's hard stance on collecting tickets does not start bringing in other violators' money, there are the options of contracting with an outside attorney to prosecute on behalf of the City, or hiring a part time attorney to pursue appealed tickets. These fines should be pursued with the intent of collecting 1001 of the face value. If we bargain on appealed tickets for the sake of expediency all we are doing is providing those people that appeal their tickets with an amnesty period. STAFFING After the computer system is operati^nal and the parking ticket ` collection process is in use, the question of whether or not rF additional personnel is needed will be ve sier to answer, If older parking tickets are entered ont the com uter, the Municipal Court will need an additional :ourt Clem from the beginning of the program. There are simply too many old r' i I , l '.r a Lloyd Harrell 19Bg .4 January 20, Page Seven tickets to enter onto the computer to use an existing staff member part time. , the work load created by the program After implementation needs to be monitored and documented to determine i an additional day to ndays operations woof k thist programuiare outu the Clerk to carry y ~ fairly routine, and as such, should be easily quantifiable. The need for additional Prosecution gin thefCocntytsgCourtsomay require to determine. more time than is available from thoe City Attorney's Office. ` This will certainly be the tart timelA AA new ssistant City Assistant Attorney is hired. Hiring a p slocal houldabeorexplored two or contracting for 1rga services alternatives to using Y prosecution at he County level is too time consuming for the City office. CHANGE S.B. 919 Senate Bill 919 does not currently apply to cities of less than 200,000 in population. Before the next legislature convenes pressure needs to be put upon Senator Glasgow and the Texas Municipal League to get ti B. 919 expanded to include cities of SO,000 or more in HAND HELD UNITS The University of Texas at Austin has been using hand held units in the field since September. These units are similar to the hand helds used by Utilities' meter readers. The system cost UT $65,0000 but they received substantial scou is on hardware, software and training because they agreed guinea pigs for the supplier. The units product a citation ah ch is pla eveh on th etve isle. Each unit has, in its memory, list of the icles at have an inordinate amount of tickets. This list is updated every day when the unit is downloaded onto the computer. The result is that the officers no longer have to rely thetheir memory to know which vehicles are delinquent in paying are stolen. Because the tickets are computer generated there is no ten times l a m prowith blem interpreting with hand written license tickets, which is of .j ....'t. 1. . i F,7 s Lloyd Harrell January 20, 1988 Page Eight i i The UT system has been in use for only four months, and the majority of that time has been dedicated to getting the bugs out of the system. The number of parking tickets written has gone up, and the number of tickets invalidated has dropped to almost zero. This system could work for Denton, but there are some important differences between Denton and UT that need to be mentioned. The UT Police Department's parking ticket numbers are far greater than Denton's. Captain William Best stated that UT writes roughly 4500 tickets a month, Penton may write that many in two months. Denton cannot tow vehicles with delinquent tickets, UT can and does. UT issues its tickets to students that have to pay up before they get grades or register, Denton does not have a similar penalty to use on ticketed vehicles. i ' For Denton to use hand held units the City would need to purchase at least two units, the hardware to plug them into, software to read the information and supply the units with new information, and the paper stock needed to fill the units. Such a system would cost the City a minimum of $30,000 and this amount would not be recovered rapidly. The main benefit a City receives from using hand helds relates to towing. Each unit has a "hit list" in its memory that tells an officer that the illegally parked vehicle is a frequent violator and eligible for towing. Denton cannot tow vehicles at this tire, and the automation benefits of the units are not so extensive to justify a $30,000 investment. SYNOPSIS I +otomation: Tickets tracked on computer Warning letter sent out after parking tickets I have gone unpaid for more than ten days Summons sent to those people that have more than three parking tickets, were sent a warning letter, and did not respond Arrest warrants for failure to appear issued for those people that did not respond to the summons Tickets: Base fine remains $3.00 111 After 10 days the fine becomes $10,00 Late fine becomes effective when the Court's computer system goes on line i i Lloyd Harrell January 20, 1988 Page Nine i i 1 Older Tickets: Attempt to collect from ticket holders with 10+ tickets using warning letters, summons, and warrants Collect from people with fewer than 10 tickets by manually pulling their tickets whenever they receive a warning letter for new violations Prosecution: Prosecute one or two cases per month in the County Courts. These will be tickets that { have already been appealed to the County Courts Staffing: Monitor and document workload to deteiraine the need for additional Court Clerk position(s) Monitor need for additional legal help for prosecution at the County level S.B. 919: Work through TML to get S.B. 919 expanded to include cities of at least 50,000 j i er a on I 3753M l !I I Is- I ro F f 1 i i { { i I I~ 1 F-Ij--VI -I LLJJ~=11111111111 11 limit', 11 i H4 lit I S I J CITY of DENTOM TEXAS PUPCHASINO DIVISION ! 9018 TEXAS STREET ! DENTON, TEXAS 76201 i MEMORANDUM 4 I TO: JOHN MCGRANE, EXECUTIVE DIRECTOR OF FINANCE FROM: TOM D. SHAW, ASSISTANT PURCHASING AGENT DATE: JANUARY 28, 1988 SUBJECT: WITHDRAWAL OF POLICE SEDAN BID AWARD 'r Preliminary to the scheduling of a re-award for Bid #9808 Police Sedans, 1 offer the following Information. ' In review, bid specifications were prepared and sent to prospective bidders on November ` 20, 1987. the bid opening was set for January 5, 1988. We offered a much longer than required bid period since most dealers must apply to the factory for municipal bid assistance (discounts for governmental fleet). Bids were opened at 2:00 p.m. January 5, 1988 as posted. The apparent low bidder was Guy Laney Chrsyler Plymouth In the amount of $i1,96186 per unit. See bid tabulation sheet attached. All bids were reviewed for compliance with required specifications. A recommendation was made by the vehicle Operations Superintendent and the Police + Department Patrol Captain to accept the lowest bid meeting specifications, Guy Laney Chrsyler Plymouth. BW 9808 Police Sedans was scheduled for City Council approval on January 19, 1988. Based on staff recommendation the Council approved Guy Laney Chrsyler Plymouth as the lowest and best bid. On the morning of January 20, 1988 1 called Mr. Michael Laney, Vice President of Guy Laney Chrsyler Plymouth. I informed him of the bid award and set up a meeting to explain the terms of the Third Party Leasing for these police sedans. The meeting was set for 10:00 a.m. Thursday January 21, 1988. On Wednesday Janurary 20, 1988, at approximately 5:20 p.m. Mr. Laney called. In reviewing his bid he had discovered that the police package option (i.e. heavy duty brakes, seats, wiring, alternator, battery, suspension, certified speedometer, auxiliary cooling, roof wiring, etc.) had been omitted. Mr. Laney said he could not absorb the $700.00 option error since he had bid the Items near his cost because he wanted to sell the cars to the City. He requested that we amend his bid. I promptly told him that we could not legally do that. I reviewed his and our options as per our policy in the past. 8171566,8311 DIFW METPO 2610042 ;I i i ry; ~i January 28, 1988 Page - 2 - I. we could hold Guy Laney Chrysler Plymouth to his bid and force him to honor the bid. 2. Purchase from the next low bidder and bill Guy Laney Chrysler Plymouth the difference ($7,657.56). 3. Rebid the entire procurement. 4. Allow Guy Laney Chrysler Plymouth to withdraw their bid in total, making Dave Krause Dodge the low bidder. We agreed that he. would send a letter requesting to withdraw his bid (see copy attached). !agreed to discuss it with our staff and let him know our decision. Option One wou d however createta very p~ton relationship l with a ember of the b police 1 : would cost the sedans. community, hard feelings with a vendor upon whom we would be depending to service I13 of our police patrol fleet as well as a possible legal confrontation. All of this due y ting in the complicated automobile to an honest error made by a new vendor participa bid process. y been in the automobile business for many years, Guy Laney Although Cum Laney has Plymouth is a new uest, The process for e collecting prices, concession's, specification to respond to Chrysler our bid request, compliance ent from the automobile manufacture and relaying this to the City I equipm and optional of Denton is a complicated time consuming exercise. Option Two- this option has the same effect as Option One. in our opinion this would only make the situation much worse. f Option Three: we do not feel that this option is fair to any t` ey~$~,es involve for d Tte end result would be that the City still spends the app rice made sedans. The other hembidGuy La eysChryslerePlymouthesufferrs no co sequlencces foirgthe disad g then have le espec ally if becomes highly biqueduers c and g itimate complaint. plnsTheesta stated their error. B Guy Laney Chrysler Plymouth is the low bidder by a small amount on the re-bld. Opt , we Four. on pasthpractice. The Cityy ptionf Denton far isuperiorhto thetothers consideratbasedion This opti FoursIstakin This ty of s cars at fair. promote competitive ooperationeandhgoodweilllrwith the locailbu sine s purchase remains intact, oi have DenlonPlayed our professionalism and possibility above alln made community friend lfor rghe e City we I T~ January 28, 1988 Page - 3 - As you are aware, I discussed this situation with John Marshall, Debra Drayovitch and yourself. Although the discussions took place at different time the implication was that the recommendation would be to recommend award of this bid to the next lowest bidder, Dave Krause Dodge In the amount of $12,599.99 each. Another option available as a preventative measure in future bids is the use of the bid bond. We currently do not require bld bonds for products only. The high cost of establishing a bond rating along with the Infrequency of this situation and the unlikelyhood of default, have made bid bond a mute Issue. We will research the bid bond concept. i The recommendation to re-award this bid, Number 9808 is scheduled for Council action t February 2, 1988. 3 i f { i if a V. . Y ~ 1 1 s s , ALA . P 5:30 WTYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) E88.8307 t Office of the Oty Managef M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: January 29, 1988 p SUBJECT: Back-up for Agenda Item # 4 - work Session i 4 L No formal back-up has been submitted for this agenda item. i ~ Y Je fer alters 2727C/2 l t I i v -r, f d 'i a TIM= MaILI T LL-L( i E ri 11= ME= sit ' h f City of Denton City Council Minutes December 29, convened into a Work Session at 5:30 p.m. in the The Council Civil Defense Room. Council PRESENT: Mayor Stephens; Mayor Pro GortoncandmHopkins. ! Members Alexander, Ayer, Boyd, I ABSENT: None ind oboard f 1 The Council realenestatetandExpersonnel Session discuss legal matters, 1 appointments. More specifically to viscuTex-La Electric iii including Texas Utilities Electric Company D Cooperative, et al and Maverick vs. the City of Denton and duties tapA. Board Members Vela and Stephens. No official action was Council completed Executive session at 7:07 p.m. and reconvened for open session. 2, The Council held a discussion adius8mentsregarding ofheschstatus edule is and poss of varous and/ori appro Caicthes p.ro3ec Lloyd Harrell, City Manager, made a short tt the overview byi SitaffvestheuManager asked ethaagenda packet. After an the Council give guidance as to how Staff should proceed. Steve Brinkman, Director of Parks fd neighborhood addressed the problem of increased deficiency problem of insufficient parks. After an outline of the p neighborhood parks to attain the goal of three acres of park Mr. Brinkman offered the solution of a or every 1,000 people, f mandatory dedication to the ordinance. C.I.P. funds could be used to make improvements Gary Kirchoff, Chairman the the arks ache Recreation mandory Board, gave a brief history the dedication ordinance. OYed aindhorecommendedd the ordinance Recreation Board appr developers. However, he anticipated a negative reaction by David Ellison, Acting Executive Director of Planning, Prinenandeffort eto eliminatef deficientf construction ulattons t be corrected with lison statedr that AStaff expected which must outline of the problem, Mr. El to bring the proposed changes to Council In articular rplats land 1988. eplats,ldrivewaysanand street asec.1ons, p r i r 4y I I City of Denton City Council Minutes December 29, 1987 Page 2 Cecile Carson, Urban Planner, reported that the Beautification Committee was recommending a Landscaping and Tree ireservation Ordinance. The result of this ordinance would cake specific guidelines for tree preservation in new developments and provide for minimum landscaping. Although the negative side of this ordinance would include increased staff time to monitor and maintenance costs for the developer, it was I still felt by the Committee that it would be beneficial to the tl City. Capital recovery fees were discussed as the solution to offset some of the costs of providing water and sewer services that would be necessary because of growth. Robert Nelson, Executive Director of Utilities, briefly discussed the effect of these fees on the developer which would be an increase in cost. He asked for Council's guidance in reconvening the committee that had been established to study capital recovery fees and pursuing the next phase. Mayor Pro Tem McAdams expressed her concern that all of these additional costs to the developers would put the cost of a home out of the reach of low and medium income citizens, Robert Nelson, Executive Director of Utilities, also addressed the problem of the high cost of electricity which had j been especially evident in some of the new apartment complexes. One solution would be an ordinance banning electric resistance heating. This was not popular with developers as was evidenced in their attendance and expression of concern at a recent Public Utility Board meeting. An alternative to this ordinance would be an energy envelope. Mr. Nelson explained that this effort would readopt some of the construction codes previously used by the City such as insulation minimums, etc, This energy envelope would allow electric resistance heating but would require a certain amount of energy consumption per 1000 square feet, and this would be accomplished by increased insulation, better windows, etc. Rick Svehla, Deputy City Manager, outlined Fire Chief John Cook's intention with proposing a sprinkler ordinance. This ordinance would address large facilities of 100000 square feet or more or facilities which held large numbers of people. The result of this ordinance would be increased safety to the public and less manning requirements for the Fire Departm,;nt. I i City of Denton City Council Minutes December 290 1987 page 3 He Lloyd Harrell, City Manager, provided a summary. stated that the Landscaping and Tree PTe1988. One0optioncwould to bring to the P 6 Z in January ready aggressive stance with developers. be to continue to take an { Mayor Stephens asked for the Council's comments. getting 1 Council Member Boyd expressed a desire of the neighborhoods involved in the beautification.i I Council Member Gorton agreed with neighborhood participation. questioned the fusiing and the Mayor Pro Tem McAdams er, she recommended that time allotment ° isnrdiinace. hen develop ause of the impact of all of these ordinances o since they ` Council look at all ofe ofrdhomes efor olowcande1middle income all would affect the pric families. Council Member Hopkins agreed that since these ordinances would be affecting the same group of people, Council must look at them all as a whole. discussed that an Lloyd Harrell, City Manager, alternative to the mandatory park dedication ordi a neighborhood establishing a more hard line policy oncerning parks. Council Member Alexander stated thatriIn his ority view the Tree Preservation ordinance had number one p Subdivision Regulationumber twl. All the other issues little onger. addressed could b delayed fees Harrell reported support other ordinancerecoierwzs the taken byuld wait on this issue could be traded out in supp other cities and the s. t .11 on that consensus of the Couni and observe what resulting impact on the development community generation, concepttrwas 8 the most On the high cost envelopefuture Harrell felt the energy acceptable to the community. Harrell summarized that feedba kwen the subdaidvision regulations had not betionsive. Th~re re some tre off situations in these regula sprinkler Harrell also reportedunthat certain aton is t the otime.ordinance by the developers was f t` City of Denton City Council Minutes December 29, 1987 Page 4 Mayor Stephens asked for final comments by the Council Members. Council Member Ayer expressed concern about the Council's interest and concern for the developers. He stated that Council must make sure they had input from the community. Council Member Gorton expressed concern that 1 i comments he had heard from other people were not the same as 1 those reported by staff. He wanted staff to be sure That their ideas were not different. Mayor Pro Tem McAdams expressed the need to look at alternatives and to compare the impact of these on the community. Council Member Hopkins expressed a need to think about the people that were going to be impacted by these ordinances and to be fair and equitable. Council Member Alexander restated his request that complete and comparative reports be submitted on all issues to aid in Council's evaluation of each of these issues. Council Member Boyd stated that the time schedules in the report looked just fine to him. Mayor Stephens directed staff to move right along. It was his feeling that the time schedule presented was satisfactory and to keep at this pace making sure that the Council was presented accurate and complete information. Lloyd Harrell, City Manager, expressed the desire of the Land Use Planning Committee to meet with Council on Saturday, January 16, or Saturday, January 23, to make its presentation. The meeting was set for Saturday, January 23. Mr. Harrell also announced that tentative arrangements had been made with First State Bank for Tuesday, January 5, 1988, for Council to view the model of their new building between 5:00 and 5:20 p.m. Mayor Stephens stated for future agenda items the need to nominate a replacement for Richard Taliaferro to the Denton County Housing Finance Corporation. 7 g City of Denton City Council Minutes f December 29, 1987 h Page 5 i h i Debra Drayovitch, City Attorney, reported that Diane Callander, Assistant City Attorney, would be leaving the City of Denton to be the City Attorney for Georgetown. All of her cases had been split between staff. There was no further business. Meeting adjourned at 8:38 P.M. i PAY STEPHENS, MAYOR j CITY OF DENTON, TEXAS E BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS j 3787M } I { i V~)I P 1 i N E CITY OF DENTON CITY COUNCIL MINUTES January 5, 1988 i The council convened into the Work session at 5:30 P.M. in the Civil Defense Room. i I PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council 1 Members Alexander, Ayer, Boyd, Gorton and Hopkins j I ABSENT: None 4 1. The Council held a discussion of the proposed agreement line with neighboring cities. Davie, Ellison, Acting Executive Director of Planning, presented a proposed agreement line with neighboring cities including Aubrey, Pilot Point, Sanger, Ponder and Krugerville. He stated that Denton's number one priority was to control as much of the 41 ETJ surrounding Lake Ray Rober.ce as possible to protect the water source and monitor development in the area. The agreement with Aubrey was crucial as it involved an annexation the City was currently working on. Ellison stated that the agreements with the various cities included a clause that area property owners mast be contacted and in agreement with the particular city which wanted to incorporate it. This clause had to be completed before staff would recommend the formal agreement. Consensus of the Council was to proceed as presented with the Aubrey agreament with bring meeting the of the other area cities for study. 2. The Council held a discussion of the proposed moderate s node at Colorado Blvd. and Lakeview Blvd. David Ellison, Acting Executive Director of Planning, presented an overview of the proposal. He stated that the node at Colorado and Lakeview would be a trade-off for two nodes at the Mille and Development Gu'~'9 but nodes were approved notgapprovedLakeview by P4-+ng procedures. The obiectivea for the proposal were to redu._ density/. . "y in the Lakeview plan, present both Lakevi(t and Soutc. ew as one piece of property and tv establ,, I- positive r. ttione with the property owners. ` Cecile Carsons, Urban Planner, presented an overview of tho k proposed Lakeview developiaeut. Consenaus of resolution t changing the the spolicy proceed i to treflecta the preparation proposal. s. ti City of Denton City Council Minutes j January S. 1988 Page 2 3. The Council was to receive a report regarding the Dallas Drive median beautification project. This item was not considered. 4. The council was to review a draft contract with the D.I.S.D. regarding joint elections. This item was considered later in the meeting. 5. The Council did not convene into the Executive Session. Items for consideration were held over for discussion later in the meeting. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. _i PRESENT Mayor Stephens, Mayor Pro Tem McAdams, Council Member Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT None 1. The Council considered approval of the minutes of the regular meeting of December 1, 1987 and December 8, 1987. McAdams motion, Gorton second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered a request from the Cross Timbers Girl Scout Council to hang banners across Locsist and i Elm Streets promoting their annual cookie sale. 1 Giselle Kroebel, Fund Development and Public Relations for the Cross Timbers Girl Scout Council, requested that Council approve the request to hang banners across Elm and Locust Street during the month of February, 1988. Hopkins motion, McAdams .dconu ~ approv. he re,,'.- .ion C*ZLIed unanimously. t, A. The Council considered adoption of ordinance and service plan annexing approximately 23.126 acrus of land being pirt of the A. Gibson Survey, Abstract 498, and located south of E1 Paseo Drive at Forestridge. (A-53. The Following ordinance was considered: 1 q! i F a' i f City of Denton City Council Minutes January 5, 1988 Page 3 NO. 88-001 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND { ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT 1 LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 23.126 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE A. GIBSON SURVEY, ABSTRACT NO. 498, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS j AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Cecile Carsons, Urban Planner, stated that this was final action on a 23 acre parcel known as Forestridge Phase III. Planning and Zoning recommended approval. i Alexander motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,„ Gorton "aye," Ayer ,laye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i B. The Council considered a petition of the City of Denton requesting single family with 16,000 square foot minimum lots (SF-16) zoning on approximately 23.126 acres located south of El Paseo Drive at its intersection with Forestridge Drive. The property was shown in the A. Gibson Survey. Abstract 498. If the zoning were approved, the property may be utilized for any use permitted in the single family (SF-16) district. Z-1872. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carsons, Urban Planner, stated that this was a requer~ by the City of Denton. The _ •r• 'at in 1985 was Lodge Construction and Hammett ar Nash fOL -'vl.6 zoning. The were two houses currently unde,. construct This was extension of an existing subdivisson. The P ning and Zoning Commission recommended approval. The following ordinance was consi red. r i City of Denton city council Minutes January 5, 1988 Page 4 NO. 88-002 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS. AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON. TEXAS, BY ORDINANCE NO. 69-1. AS AMENDED. AND AS SAID MAP APPLIES TO APPROXIMATELY 23.126 ACRES OF LAND LOCATED SOUTH OF EL PASEO DRIVE AT ITS INTERSECTION WITH FORESTRIDGE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO SINGLE-FAMILY "$F-16" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Horton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens 'laye." Motion carried unanimously. C. The Council considered a petition of Metcoplex Engineering Corporation, representing Dr. Bill Cudd, requesting trto an act located existing he planned development of DU.S. Highway 18amendments 380 and Old North Road. The property was further described as a tract in the R.B. Longbottom Survey, Abstract 775. The following amendments were proposed: amend approved detailed plan for Phase One - 3.4 acres (existing office buildings) to permit utilization of the packing area as a private street; amend approved concept plan (future development) - to add a condition prohibiting the utilization of designated parking areas as private streets. Council Member Gorton left the meeting with a potential conflict of interest. The Mayor opened the public hearing. Greg isu.. le, Mel.coplex EnQine..rin,., spoke in favor. He stated that the (riginal intention was to sell individual office space subdivisionioversus a Phase single one lot was dicsed asA asingle lot/block subdivision was presented as not all of the building sizes and lot rizes had been formalized. In the past, access from the lots from the streets were through the common areas. The DeV61npment Review Committee stated that this practice was in violation of the Subdivision Ordinance. This presented a problem as the owner had alrfady made some contractual obligations for the property. A compromise hat been worked out I f i a II 4 City of Denton City Council Minutes January 5. 1988 Page 5 which was presented for Council approval. There would be no changes in the parking, paving, location of the buildings or the utilities. f No one spoke in opposition. The mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the request was necessary by the petitioner's desire to sell lots individually rather than having a condominium situation as was originally III proposed with the zoning. The Subdivision Regulations require that each separately platted lot or tract front upon a dedicated public street or a private street in a planned development. Lots 4-5 would not have had frontage on either a public request or to private have the street parking land shown. Therefore, area designated as the private street in order that the petitioner could comply with the Subdivision Regulations. Planning and Zoning Commission approved the request on December 16, 1997 with a 6-0 vote with the conditions listed. The conditions would permit the property owner to fulfill his current contractual obligations, provide adequate parking for Phase one and would prevent the problem from occurring in the future phases. the the property obligation owner. maintaining a Council Member Boyd a asked with If private road would Spivey replied yes that one of the conditions of the ordinance required that a property owners association be organized to maintain any commonly held area which would include the private streets the access area and landscaped area. The following ordinance was considered: NO. 88-003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 96-1720 'CO PROVIDE FOR AMENDMENT OF THE CONDITIONS APPLICABLE TO THE PLANNED DEVELOPMENT DISTRICT FOR 18.24 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 380 AND OLD NORTH ROAD; PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 3.4 ACRES OF THE DISTRICT (PHASE I); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. f It r 3 ) City of Denton City Council Minutes Jaauary 5. 1988 Page 6 Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins °aye. 11 Gorton "aye, 11 Ayer "aye," Boyd "aye,and Mayor Stephens "aye." Motion carried unanimously. Council Member Gorton returned to the meeting. f D. The Council considered a petition of Harold Easley requesting a variance of Article III, 4.03 (H)(2), of the City of Denton Subdivision and Land Development Regulations for a 25.7 acre tract located on the north side of Luginbyhl Rood approximately one mile east of FM 2450. The property was { further described as a tract in the J.C.P. Melton Survey, C Abstract No. 802. Article 4.03 required the improvement of an 859.21 foot section of Luginbyhl Road. V-37. The Mayor opened the public hearing. Brian Burke, Burke Engineering, spoke in favor. He presenteda review of the history of the project. He was requesting a variance on the perimeter street paving requirement. No one spoke in opposition. The Mayor closed the public hearing, Denise Spivey, Urban Planner, stated that this variance was being considered under the new variance ordinance. She alao reviowed the history of the request. The new variance ordinance reduced the number of criteria required from eight to three. All three criteria must be met in order to grant a variance. The criteria were for a variance were: (1) the variance must not violate any Master Plans - Planning and Zoning found that this variance would not violate any Master Plans since the Master Plan was not specific in the area and Luginbyhl Road was not shown as an arterial or on City or County thoroughfare pla:,s; (2) the special conditions upon which a variance request was based must relate to the topography, the shape or other unique physical features of the property which were not generally common to other properties - Planning and Zoning felt this criteria was met due to the property's considerable distance from the City limits and the fact that the surrounding property was rural ranch land; (3) the special conditions upon which the request was based did not result from or were not created by the owners or any prior owners action or omission - Planning and Zoning Commission felt that this criteria was fulfilled since the owner did not do anything to create this particular situation. The Planning and Zoning Commission recommended approval of the request at its December 2 meeting with a 4-1 vote since all the three criteria had been met. 4 fill9 I ~ ti I City of Denton Citf Council Minutes 111 January 5, 1988 Page 7 with Ma or City nlimits criteriar 02.remIf McAdams a stated distance from theconcern made it unusual, then that condition wotild apply to a great many properties. She felt that the Council had something specific in mind for that criteria, not just that it was land some distance from the City. She questioned whether such a ` vague statement was legal rather than a specified distance. f Debra Drayovitch, City Attorney, stated that what was unique E for one was unigae for all. 1 Mayor Pro Tem McAdams felt that the criteria was more for the physical condition of the property and not a distance from the city limits. Council Member Hopkins stated part of Planning and Zoning's v decision was that the area was not on a Master Plan and services would not be provided to the area for quite some any were not lgal for variance requests t at all. to time. swhy i have it vote on variances, Council Member Boyd stated that there were obviously other reasons not given in the Planning and zoning minutes that constituted the decision of the Planning and Zoning record reach not Commision. More decision. Council needed detailed look at all of used just a summary of the events. Council Member Alexander stated that he did not like the idea of the Council not being able to grant variances unless it was totally consistent on all the details down the line, That awould reduce the uthority He felt the Council d should responsibility it at o the th overall picture. Mayor Stephens stated that the motion by the Planning and Zoning commission tracts exactly the ordinance the Council passed in mid-November. I Hopkins motion, Alexander second to grant the variance. On toll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-2 vote. E. The Council considered petition of Trinity p h sion ti and t Land following Development variances Regulatios for City of Denton sudivi a 12.05 acre tract located at the southeast corner of PH 1173 and of a 1260 Article foot l section 3 of (2)(b) which Masch Branch Roaduired the improvement Road, ,r I i x City of Denton city council Minutes January 5, 1988 Page 8 Article III, 4.15 (a) - which required developers to make adequate provision for storm or floodwater runoff channels or basins. The Mayor opened the public hearing. Dwight Lilly, Pastor of Trinity Baptist Church, presented the history of the variance request. ? Dick Kelsey, representing Trinity Baptist Church, stated that i the problem was in the ETJ. He stated that a new state statute provided more latitude than under the pre-existing law. He stated that if the church had purchased all of the 12 acres l there would be no problem since the land would not be I subdivided. He stated that the seller of the property was responsible for not providing adequate details concerning the property that the church bought. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that this variance was also considered under the new variance ordinance. The criteria to meet were: (1) the variance would not violate any Master Plans - the property was located on Masch Branch Road which was on a County thoroughfare plan as a primary major arterial and on the new proposed City thoroughfare plan as a primary major arterial - granting of the variance would violate the master Plan and this criteria was not met; (2) special conditions upon which a variance request was based must relate to the topography, the shape or other unique physical features of the property which were not generally common to other properties - there were no special conditions connected with the property and this criteria was not met; (3) the special conditions upon which the request was based did not result from or were not created by the owners or any prior owners action or omission - the property had been purchased by meta and bounds from a previously platted lot approved by the County - had the entire lot been purchased, no replatting would have been requited - thus this criteria had not been met. Planning and Zoning voted to deny the variance with a 5-0 vote since all three criteria had not been met or fulfilled. Council could impose conditions on a variance it granted and Planning and zoning presented the two options of an earthen channel rather than a concrete channel and a deferral of the required road improvements r through a bonding format. , 1 t` City of Denton City Council Minutes January S. 1988 Page 9 Council possible e conditions y of asked the earthen church w and agreeable the bonding of the road improvements. Spivey replied yes. Mayor Stephens asked if the variance were granted, who would pay for the improvements in the future. Spivey replied that it would depend on whether the property were located in the City or the County. If the property were located in the County, the County would pay improvements. If the property were located in the City, the bond election, City would assessment of property owners. Steph no reue an opinion from the Attorney regarding the e, City going back ck to the original owner to pay for the improvements rather than the buyers of portions of the property. Debra Drayovitch, City Attorney, stated that it would be simpler to require the person waiting for tho permit to work out the details with the seller. still Council Member Hopkis asked if the variance ordinance was that would provide for the ETJ. David Ellison, Acting Executive Director of Planning, stated here a service be dreduced requirements of the that cservice disc district define standards for roads. Unfortunately, the property was too close to what was projected as future urbanized area and was on the Master Plan and would not fit in with property potentially too far from the City limits. He wanted to stress that in recent experiences, it was very difficult for small individuals to obtain bonding for this type of development. He stated that Planning and Zoning had considered a third alternative which if off-site the conditions improvements. were of Legally i posed ons tnot he wise would bnot ecause require developer at that time, there would be no way of going back and getting thef-sitimprovements other then through the City's expense the future. make athecofff the Mayor Pro Tem. was McAdams a the stited church h was ' having least to !air situation site improvements. Perhaps the City could collect from the owner being required for the off-site improvements. church to make improvements for someone else's profit. ti 1 k City of Denton City Council Minutes January 5, 1988 Page 10 g} McAdams motion, Alexander second to table the request until the next Council meeting. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote. F. The Council considered a petition of Briercro:. Savings Association requesting a variance of Article 111. 4.(•4.0 of the City of Denton Subdivision and Land Developm••It Regulations for a 3.4 acre tract located on the northwest corner of North Locust Street (FM 2164) end Evers Parkway. The property was further described as a tract in the B.B.D. & C Company Survey, Abstract No. 186. Article 4.04 required r., developers install sidewalks on one side of a1), thoroughfares and collector streets adjoining a subdivision. V-4l. The Mayor opened the public hearing. Bill Coleman, Coleman and Associates Surveying, spoke in favor of the request. He stated that the owners were in the process of replatting the property as a bookkeeping matter to clear up an over-site regarding a lot not receiving a designation on the original plat. The development, when originally platted, complied with all of the rules and regulations and was approved. During the replatting process, it was determined that a sidewalk would be required. This was a new requirement and was not a requirement at the time the tract was originally platted. He was maintaining that since there was no development to the north of the property and since there was no sidewalk to the south of the property, the requirement for a sidewalk at the location was not necessary. Tta 901 of sidewalk would have to span 601drainage easement. Joe Rut163ge, Briercroft Savings Association, stated that Briercroft has recently received title to the project. A swimming pool had been shown on the original site plan and had never been installed. The location for the proposed swimming pool had never been assigL:ed a lot number which would not allow a building permit to be issued. A certificate of correction was applied for but staff insis6ed that a replat needed to be don3 for houo;ekeepinq purposes. He suggested a bonding for a sidewalk ar~d defer the project for approximately 10 years. The money would be supplied through a letter eOL credit stating that the project would be built ct such time that sidewalks were put up to either side of it. If sidewalks were not built on either side within the 10 years, the bond would be returned. No one spoke in opposition. I city of Denton City Council Minutes January 5, 1995 Pago 11 The Mayor closed the public hearing. Denise Spivey, Urban. Planner, stated that, the request was necessitated when the owners of the property pr pp iwas for a building permit for a swimming pool. planned development and the open space area was dedicated in the planned development tot open space purposes for which a swimming pool would qualify. A replat was necessary to give, I the open space area a lot/block number as It was not done when was The sidewalk reuirement the was 1n peffect a when originally 1 proplatted. through staff over-site, the requirement was not enforced. During :he Development Review process, it was discovered that the sidt-walk requirement had not been enforced and the developer was informed of the requirement. The request had to meet were, thel} hr the variance must inoth vifor olate variances. cMaster h Plans criteria as the s++,.divieion Regulations required sidewalks on the west side of collector streets or larger and within one block of a school, granting the variance would violate a Master Plan; (2) g the special conditions upon which variance shape request wasubased other nique must relate to the topography, the physical features of the property which were not generally common to other properties - the property did not present any special conditions: (3) the special conditions upon which the request was based dtownerst acfrom tiono were not omitsionc endue to the owners or any prior previous staff over-9 to, this was the opportunity for staff to now proceed with the requirement for sidewalks as originally enacted. Planning and zoning voted for denial with a 5-0 vote since all three of the criteria had not been met. Staff was not aware of any previous deferrals concerning sidewalks but sad technically possible a to deferpsuchbaiproject,it were legally Lloyd Harrell, City Manager, requested that if the Council felt a deferral of the project were a viable possibility to explore, the item might be tabled rather than trying to negotiate on the confer .with Staff would able to staff regarding the legal and Council implications. Mayor Pro Tom McAdams cautioned that Council needed to ensure that the sidewalk would be built and built in a timely manner as the school to e school there rather n than h in the children streets, to w walk already somewhere safe Spivey stated that the property to the north was zoned SF-7 and north of that property were two planned developments which the location of the school and the park showed substantial amounts lresidential development. staff felt that a sidewalk was vital, J 1 City of Denton City Council Minutes January 5, 1968 Page 12 Alexander motic.l, Gorton second to table thesrequest Aunt lexander next council meeting. On roll vote, i Gorton y Ayer "aye," Boyd "aye," and Mayo"dye,r" St Hopkepheinsns "nay." Motion carried with a 5-2 vote. j Item 7.A.. was moved ahead in the agenda order. 7. Resolutions Janapproval uary 21, of a Highland considered j closing a A. The of Council 'Cho following resolution was considered: RESOLUTION NO. R86-001 HIGHLAND RESOLUTION 11 1968; AND DECLARING PORTION AN OF EFFECTIVE 3TRAET ON JANUARY 21, E DATE. Jim Hobdy, Assistant Athletic Director of N7SU, stated This this would be a fund raising event J~nuary would be a food tastin;l party and it was requested that Highland be blocked off between Avenue E and Avenue D to allow vendor packing. There would be one lane open for public traffic and would give two lanes for vendor parking. Mayor Stephens felt that too much of the street would be space if couts there were would blocked off. to the tennis perhaps only blocked Aveue D and that McAdams motion, Ayer second to direct the City Manager to work with the appropriate NTSU official to establish barricades to a block off appropriate eoniJanuary 2i1h11988be Motion carried unanimously. as The Council returned to the cegulr* agenda order. 4, The Council was to receive a report from Mr. James Givens regarding the demolition of a building at 1117 E. Sycamore. The item was pulled at the request of the petitioner. 4 I. 6. II City of Denton City Council Minutes 3anuary 5, 1988 i Page 13 5, Consent Agenda ked that item 5.8.2. be removed for Council Member Gorton as separate consideration. Council Member Hopkins asked that Item 5.A.3. be removed for separate consideration. A. Bids and Purchase Orders: 1. Bid #9759 - FIRE FIGHTER BUNKER GEAR 2, Bid 09803 - TRANSFORMER REPAIR 3, Bid 09809 - SOFT DRINKS 4. Bid 09815 - ONE MW GENERATOR USIT 5, P.O. 082017 - GENERAL ELECTRIC CO. - $20,561.00 6. P.O. 082501 - XEROX CORPORATION $31,540.95 7. P.O. #32393 - ~12R090.42STEMS, INC. I 1 B. Plats and Replats 1. Consider approval of preliminary and final replats of the Golden Triangle hini-Mall Addition, Lots 1R-SR, Block A. 2. Consider approval of preliminary and final replats of the Northwood Gardens Professionals Office Pack Addition, Lots 1R-7, Block 1. MCAdans motion, Gorton second to approve the Consent Agenda with the expectation of 5.A.3. and 5.8.2. Motion carried unanimously. I Item 5.A.3. was considered. Lloyd Harrell, City Manager, stated that this item was for all of the soft drinks used by the Park Department at various nces l volume facilities i sold the In theiovendingsmachinesriats weererbought in Center, etc. Hopkins motion, McAdams second to approl•e Item 5.A.3. Motion carried unanimously. 1 . i i I 7 4 f City of Denton City Council Minutes January 5, 1988 ' Page 14 f Council Member Gorton left the meeting with a potential { conflict of interest. 7 Item S.B.2. was considered. I McAdams motion, Alexander second to apprvve Item 5.8.2, Motion carried unanimously, j Council Member Gorton returned to the meeting. ` 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of l contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 88-004 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,- AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stepnens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance , with the provisions of state law exempting such purchases from requitemente of competitive bids, j I The following ordinance was considered: NO. 88-005 s AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW I'XEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING FOR AN EFFECTIVE DATE. I City of Denton City Council Minutes I January 5, 1988 Page 15 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye." Alexander "aye,' HopkIne "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. IE C. The Council considered adoption of an ordinance authorizing the execution of a Change Order to a contract between the City of Denton and Tonto Construction for an j increase in the contract price; and providing an effective date. j The following ordinance was considered: NO. 88-006 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON ANA TONTO CONSTRUCTION; INC. AND PROVIDING AN EFFECTIVE 6 } DATE. Lloyd Harrell, City Mcnager, stated that this was a j recommendation from the Public UtV ities Board which included three change orders to the contract for improvements at the water treatment plant. Hopkins motion, McAdams second to adopt the ordinance. On toll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye." and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Section 24-6(e)(12) of Chapter 24 of the Code of Ordinances by redefining the load limits on Locust Street Between Sherman Drive and F.M. 2164; providing for a maximum penalty of 1500; and providing an effective date. f The following ordinance was considered: NO. 86-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-6(e)(12) OF CHAPTER 24 OF THE COLE OF ORDI14ANCES BY REDEFINING THE LOAD LIMITS ON LOCUST STREET BETWEEN SHERMAN DRIVE AND F.M. 2164: PROVIDING FOR A MAXIMUM PENALTY OF 1500; AND PROVIDING AN EFFECTIVE DATE. ,l r r jT 1 j City of Denton City Council Minutes January 5, 1986 Page 16 Rick Svehla, Deputy City Manager, stated that this ordinance was considered by Traffic Safety prior to the State funding for Highway 77. The residents were in favor of removing the truck route from Locust. As a definite date had not been set nor the j exact route determined by the State for the new funding for Highway 77, it was reasonable to remove the truck route from Locust at least on a temporary basis, Staff felt this was a good idea provided that everyone understood that the situation, would be reviead again when the Highway Department determines where Highway 77 would be designated. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye," Boyd "aye," an,1 Mayor Stephens "aye." Motion carried unanimously. E. 'she Council considered adoption of an ordinance approving an agreement between, the City of Denton, Texas and HBW Associates, Inc, providing for library consulting services j for the Emily Fowler Library, Dente. Texas, and providing for an effective date. The following ordinance was considered: NO. 88-008 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HBW ASSOCIATES, IN". PROVIDING FOR LIBRARY CONSULTING SERVICES FOR THE EMILY FOWLER ;t LIBRARY. DENTON, TEXAS: AND PROVIDING FOR AN EFFECTIVE DATE. Joella Orr, Library Director, introduced Dr. Jean Glasgow who would present the item. Dr. Jean Glasgow, Chairman of the Library Board, stated that the consultants would provide a recommendation regarding the expansion of the library and a 4etailed long-range plan for library services. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adopt'un of an ordinance amending the 1987-88 budget of the City of Denton, Texas by appropriating the sum of ninety-six thousand eight hundred one dollars (496,801.00) from the balance of the General Fund to various account funds, and declaring a:t effective date. 1 City of Denton City Council Minutes January 5, 1988 Page 17 The following ordinance was considered: NO. 88-005 AN ORDINANCE AMENDING THE 1987-88 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF NINETY-SIX THOUSAND EIGHT HUNDRED ONE DOLLARS ($96,801.00) FROM THE BALANCE OF THE GENERAL FUND TO VARIOUS ACCOUNT FUNDS, AND DECLARING AN EFFECTIVE DATE. i Lloyd Harrell, City Manager, stated that this ordinance would implement the improvements to the Municipal Court office area and the Municipal Judge office. i Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "dye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 0. The Council considered an ordinance amending Section 1-5 of Chapter 1 (General Provisions) of the Code of ordinances providing for maximum penalties for certain violations of the Code. The following ordinance was considered: NO. 68-010 AN ORDINANCE AMENDING SECTION 1-5 OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ESTABLISHING THE MAXIMUM FINES FOR CERTAIN VIOLATION OF THE CODP: OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance, On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens 3 "aye." Motion carried unanimously. 7. Resolutions A. Item A. ws~s considered earlier in the meeting. B. The Cot!ncil considered ap;.coval of a resolution approving an agreemant between the City of Denton and Sammons Communication, Inc. for emergency communications assistance, and providing for an effective date. J 1 w 'ITT T-'1 7 (1 I City of Denton City Covncil Minutes January 5, 1988 Page 18 The following resolution was considered: RESOLUTION NO. RSS-002 A. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DE'VTON AND SAMMONS COMMUNICAT.ONS, :.NC. FOR EMERGENCY COMMUNICATIONS ASSISTANCE: AND PROVIDING FOR AN EFFECTIVE DATE. I Bill Angelo, Director of Community Services, stated that this ordinance would allow Sammons Communications to relocate their `I receiver to the McKenna Park towor. This would help eliminate interference now occurring on the '0wer frequencies and would also assist the City in emergency communications. Sammons had agreed to provide audio override on all cable channels plus written messages on Channel 25 to provide specific information durin5, an emergency. ' 11 McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye." Boyd "aye." and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution of the City Council of Denton, Texas, authorizing the submission of a Texas Emergency Shelter Grants Program application to the Texas Department of Community Affairs and and authorizing the Mayor to act as the City's executive officer and authorized representative in all matters pertaining to the City's partic',.ation in the Emergency Shelter Grants Program, The following resolution was considered: RESOLUTION NO. RBS-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO TH^ TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTH^RIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM, Barbara Rose, Community Development Coordinator, stated that this resolution would allow the City to apply for emergency sa&lter grant funds. The C4ty applied for funds last year bul, did not raceive any funds, This year the City was applying for the same amount through the Texas Department of Community Affairs. i City of Denton City Council Minutes January 5, 1968 Page 19 McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. Miscellaneous matters from the City Manager I Lloyd Harrell, City Manager, presented the following items: A. Harrell asked that the Council consider an item from the work session that had not been considered due to lack of time. A proposed draft agreement between the City and the D.I.S.D. regarding joint elections was to have been considered during the work session. Harrell asked the Council it there were any problems that they could foresee with the draft agreement. It the Council did not have any concerns with the agreement, staff would continue lrorking with the D.I.S.D. and present a formal agreement is the near future. ~ Consensus of the Council was to proceed with a formal agreement. B. Harrell stated that staff had received 1,reliminary numbers from the State regarding the November sales tax receipts. He reported the figures indicated receipts would be in the area of $314,344 which was 147,400 more than was budgeted for the month and about :50,060 more than the City received for the same period b year ago. 9. There was no official action cn Executive session Items as the Council did not most in Executive Session during the Work Session, 10. New Business The following Items of New Business were suggested by Council Members for future agendas: A. Council Member Ayer asked for a report on the next work session regarding the status of the marking of streets and lane markings. 11. Executive Session i The Council convened into the Executive Session to discuss legal matters (receive an update on the judgment of Maverick Mss.. the City of Denton and consider action to enforce judgment, discussion on of Hpy_gy Vs. the City of Denton, and discussion of peaces Ms. the City and County of Denton), real estate, and personnel/board appointments (consider appointment of City Council Member to Denton municipal ^.ourt Advisory Committees consider recommendation of a City appointment to the Denton County Housing Finance Corporation), 1 1 E N t i City of Denton City Council Minutes January 5, 1988 Page 20 ; The following action was taken during the Executive Session: A. Hopkins motion, Boyd second to appoint Council Member Ayer to thn Denton Municipal Court Advisory Committee. j Motion carried unanimously. B. Alexander motion, Gorton second to nominate mayor Pro Tom McAdams to the Denton County Housing Finance Corporation. Motion carried unanimously. 12. With no further business, the mec.ing was adjourned at 10:29 p.m. 1 f I S RAY STEP:!ENS, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTEPS k CITY SECRETARY I CITY OF DENTON, TEXAS 282SC i f> Y a J r t i 4 t 4 If 11-1- 1 1 l 1 llr r ` y f Ij A t 1, f 1 1 i IDEII= LJ-L iX i ~rr~clttm~~~n k ftuarofOteltvofBMWs,~iexas To ALL TO WON THE$$ PAISENTS SMALL CONS, CRWINOSt &WERSM. motor vehicle crarhes are the number one cau-.e of death of children over six months of age end the number one c..'ua of the crippling of cAlldran In the VAIted States) and tyre children under the ege of five years are killed or crippled as WHEREAS, passengers Involved in actor vehicle era bay than the total number of children killed or crippled by the seven most common childhood j dlseaeet :ad l WHEREAS, motor vehicle [euhu are the leading trauma related cause o spinal cord injuries, epilepsy, and mental retardatl:rn in the United Statest And NWEAS, during the years 1t7J and 1986 surly nine thousand three hundred children under the ape of flw years were killed 1i tra.flc cashes, and more than four hundred an,' fifty thousand children rase Injured In the United States; and N!lSASAS, all fifty states and the District of Colnmbla have enacted laws - ' ' mandating the use cf child passenger protection systems) end a i WNSRSAS, the latest national surveys show that 72 percent of children Wor the age of five are placed In child asfoty seats in the Vnlted states and that one-third of such eats are used lncotrectlyt and NSSRRAS, currant notlonvldo studies e..tlmtte that Only d 9 per eft the children under ro sgfcofiro rrectt usage 'sell of protect child safetIn cars y seats and united states Lhroogh the NNXRW, numerous government tad private sector organlsatlons have agreed to W'rk l pasenger ptotectlo devices and ?ad percentcorrect rbelts s child by the year 19901 and WRIAEtd, research *bows that the correct use of child Passenger protection dericas Is Over 10 percent stfoctald in prowt1j.; dea and percent effective in roasting the need for hose t ll ationJhand 67 WSSRSAS, death and Injuries &AV N reduced significantly through greater public ararenaee, education and eRforcementt NOW, fNSAiNkI1, 1, Ray Stephens, a yor of the city of Denton, isms, do hereby declare and proclaim the week of februaty 7-1I, l9f8, as WILD PARMEM SA1Nf7 lWkR nU WW' !n the City of Denton, rasa, and encourage the community to observe the wok with tpproprlats programs, ceremonies and activities to maslmie correct usage of child safety eats, IS MITRESS WNEAsof, I Ra w hereunto et my hand and caused the Official weal of the City of • Denton, fexas to be affixed this the 2nd day of februaty, 1988. ;r C RAr sup R , NATOR AfTSSff JSNNIfER WALfERS, CIfT SECRSTARY i i I t i F.' CIJII.D PASSENGER SAFETY FACT SHEET i LAWS AND CHILD SAFETY SEAT EFFECTIVENESS • All 50 States and D.C. have child passenger safety laws, as compared to 1979 when only Tennessee had such a law. • Safety belt use laws for the general population are in effect In thirty-one States and D.C. • Some States that do not have safety belt use laws for the general population have strengthened their child passenger safety laws to protect older children: Massachusetts raised safety belt use agt from under 5 to under 12. Maine fro:a 4 to under 12. New Mexico from under 5 to age 11. 3 North Carolinia from under 2 to 6. Oregon from 5 to 15 Rhode Island from 4 through age 12. I a West Virginia from under 5 to 9. • Correctly used child safety seats in passenger vehicles are about: 71 percent effective in preventing fatalities 67 percent effective in reducing the need for hospitalization, and 50 percent effective in preventing minor i,-jury. INJURIES PREVE-MD AND UVES SAVED • Am,,ng children under four, child safety seats prevented about 28,000 Injuries in 1987. • With 100 percent coi, rct use, child safety seats could pre-rent about 53,000 injuries. t • Among children under four, child satety seats saved about 200lives In 1987. • With 100 percent correct use, child safety seats could save about 500 lives per year. • Use of child safety seats has been steadily increasing since 1979. • Child safety seat use (correct and Incorrect) among children four and under in NHTSA's observational survey In 19 cities was 77 percent in mid-1987. -23 t I, x LLL.j i i ,I i f r r ~I i -1 1 AL Ll JA -L ` .1 i 1 fiE~!i January 13, 1988 Ms. Jennifer Walters Denton City Council 215 East McKinney Denton, Texas 76201 ReI check Presentation Dear Ms. Walters: This letter is to ask that The Southland Corporation be placed on the agenda for the February 2 {Tuesday) city council r meeting at 7:00 p.m. At that time, we would like to present a check in the amount of $1,157.00 to the Penton County k-!.ends of the Family. This check comes from the area 7-Eleven et.hloyees' charitable 4 contributions fund. Presenting this check on behalf of the area 7-Eleven employees will be Barb Peterson, and accepting the check will be Judy Spalding, Acting Director. ' If we could be placed at the beginning of the agenda it would be appreciated as this should only take a few minutes of the r council's time. If there are any problems or questions, please let me know. Sincerely, a r ~ 1 Y Sara Irvin Public Relations Secretary f ccs Barb Peterson r I i Judy Spalding Denton County Friends of the Family P. 04 Box 623 Denton, TX 76202 JAN 1 4W I ~ CITY IM 6f~I I-Eleven Stores I Division 1649 One Forest Plata 112200 Park Central Drive I Suile 5DO ! Dallas, Texas 75251 1 Phone {214} 980-8055 tii'c`ouTNUNo CiiORPORATION 57 i- t 1111144- s i i i ddr, ~ r, k 1 i s a ar ' Gf ~ {i I I) i 41 1 i• i k ~y c5r ivccaati rl n C1Ty of DENTON, TEXAS 01v1c Center/ 321 E. VcKfnney/ Denton, TX 76201 I j M 6 M 0 R A N D U M i I TO: Betty McKean, Executive Director for Municipal Services and Economic Development FROM: Steve Brinkmant Director, Parks and Recreation DATE: January 28, 1988 SUBJECT: Signs at Denia Park ;o Mr. Carl Stocker of the Girls' Softball Association approached the Park Board at its January 25, 1988 meeting and asked that the Association be allowed to sell advertising on signs and mount them on the outfield fence at the Denia softball fields. The motion before the Park Board died for the lack of a second, and most members indicated they opposed more advertising in the park areas. { i Mr. Stocker felt that he wanteA to take this issue on for Council to consider. We told him who to contact at City Hall so he could make that happen. Steve Brinkman i MEM02179 i I i i { ,R SI '~/Yal~'oytal ~olaC ~l-eda~ ~tr~td ~X'in~~ ; Denton Parks and Recreation / Denton, Texas / Is r ~1 aee•e4T0 % ~l t z ti CITY OF DENTON FAas.-oF1. ADMINISTRATIVE POLICY / PROCEDURE REFERENCE Wims ER: acrroN: General Policies and Procedures EFFECTIVE OATS: i ` EUUECT: Park Development { REFLACES: 1 TITLE: t Paid Advertising in City Parks t Statement Polic bsmonitor towill locatedhiinpocity which park The Parks forRecreation adv rtisimentaDepartment Vill facilitrovide ies. These advertisements will: it be permitted in athletic areas only and will not be installed in h neighborhood park 3xiaa$ 2. be permitted on scoreboards only. t~. 3 be no larger f than 4 feet high and will not exceed the length o the scoreboard. 4, be approved by both the Parka and Recreation Board and the City Council. e~~ ~~~edure for Advertising 1. Anyone wishing to advertise should complete a contract which is available from the Parke and Recreation Department. This contract will then be reviewed by the Planning Department and then approved by the Parka and Recreation board and City Council. 2. Only full sign ads will be permitted. 3. Advertisin willthaveafirare st priorityffor the osame yadrspace ifor j' Advertiser the following year. 4. Cost of advertieing per board will be determined and reviewed by Council. Donatigna of Score aij Donations do onlo sathleticnfieldrareas,and should encouraged. These will be locate Y at 1. meet city of Denton specifications. 2s become the property of the city of Denton. Those who donate scoreboards or funding for them will receive three years advertising free the a vartbstearon the sign and first priority for paid 1489M h ' 1 n ti ~ on CITY of DENTON, TEXAS Civic C*nter/ 321 E. AfcKlnnoyl Denton, TX 70201 CITY OF D£NTON PARKS AND RECREATION BOARD MEETING MONDAY, JANUARY 25, 1988 5:30 P.M. SENIOR CENTER k MEMBERS PRESENT: Carl Anderson, e Bell Vice Chairman Rita Pilkey Dalton Gregory STAFF PRESENT: Steve Brinkmant Director, Parks and Recreation y 1 Secretary Assistant k~ Chris Smith Senior Administrative Joy 8esch, t GUEST PRESENT: Carl Stocker ! t I, MEETING CALLED TO ORDER g The meeting was called to order by Carl Anderson, Vice s Chairman. II. APPROVAL OF MINUTES FROM LAST MEETING On a motion of Dalton Gregory, second of Catherine Sell, the minutes of the meeting of December 1, 1987, were approved. III. OLD BUSINESS 1. Paid Advertising at Athletic Fields: Carl Stocker, representing the Denton Girls Softball i Association, came before the Board to request that the Association be allowed to place advertising signs on the fence at the athletic fields in Denia Park. This would be a the City fundraising cut a the nsupport venture wofficiatingdexpenses in hhalf. Denton Perks and Recreation Denton, Texas I (a t 7)500-0tl7O JI ~f ~ a earks and Recreation Boaro meeting January 25, 1988 Page - 2 He stated that other fundraising projects had not been successful. He said the Association would be responsible for the maintenance and storage of the signs and the signs would be in place only in the months of April, May, and June. Steve distributed a copy of the City policy dealing with advertising in parks which states that advertising would be permitted in the athletic areas of city parks and only the weretpermittedboarset ofbstandardsdwould be neededvertising Rita Pilkey moved that the Board recommend approval of the request to allow advertising signs to be placed in the Denia athletic fields. The motion died due to the lack of a second. 2. Consumption of Alcoholic Beverages in Parks: Steve said a citizen had written a letter to the editor of the Denton Record Chronicle with a complaint about the i consumption of alcoholic beverages at athletic events in j the City parks. The City ordinance which addresses this is found in Chapter 15, Sec. 15-7. It states that "Within the limits of any public park within the city, it shall be unlawful for any person to consume any alcoholic beverage in a parking lot or araa when such parking lot or area is adjacent to a recreation, center or facility. Recreation center or facility, as used herein, shall mean a public building, structure or improved area used for any type of recreational activity, and shall include, but not be limited to, swimming pools, basketball courts and y tennis centers." Steve suggested that a modification to the ordinance might be appropriate. This modification would state "and other areas signed that no alcoholic beverages are permitted." Dalton Gregory moved that the Board recommend modifying the ordinance with the addition of "and other areas signed a alcoholic beverages motion was seconded by Rita Pilkey and passed runanimously. 3, Pool Complex Feasibility Study: Steve said the feasibility study had been received from the consultant and does not look good as far as the ability of the facility to generate enough revenue to pay for revenue bonds. Steve hoped the City would be allowed to use the indoor pool at the high school on a contractual basis. i It 1 3 Parks and Recreation Board Meeting January 25, 1988 Page - 3 IV. NEW BUSINESS 1. Proposed Capital Improvements Program 1992-1996: 3 Steve handed out a list of items that the Board may want to consider for the next Capital Improvements Program. He said one of the priorities would be the funding for land acquisition. Dalton Gregory mentioned that the Denton State School would be phasing out some of its operations and may have land available for leasing. } V. OTHER BUSINESS I Carl asked about the status of the Pioneer Farm Project. Chris said tae Development Review Committee had reviewed the project. The Committee determined that improvements costing approximately 34,000 would be needed to bring the property in line with current City codes. This additional cost has put i ! the project on hold, but Steve said the department has requested donations from the Denton Benefit League and the Apartment Builders Association to help with the financing, He said a committee of interested persons would be formed for the } purpose of looking at all the options. ` Catherine Bell reported that a meeting had been held to discuss the groundbreaking ceremony for the Martin Luther { Xing, Jr. Recreation Center. She said the ceremony would be at 5pm on Friday, February 261 1988. Catherine is coordinating all the arrangements for the ceremony. Steve said the bids are out on the new Center and are due February 16. He said they hope to have approval by City Council on r~ March 1. Steve mentioned that a meeting with area major developers would be at 100pm on Thursday, January 28, and that any of the Board members are welcome to attend. VI. ADJOURN k On a motion by Catherine Bell, second of Dalton Gregory, the ` meeting was adjourned. i n i 4 s I ovrLINE OF nlxUSSIUN I. DGSA i A. Purpose B. officers C. Teams n Ii. Bud~iet Ct,'' n A. 50% Reduction, $2,300.00 B. Self Sufficient 1. Candy Sales 2. Concession C. Advertisers 1. Donated materials (Quality) 2. Profit projection 1 i III. Responsibilities E A. Time period E B. Maintenance ~ C. Removal s7 } a~ r ' 1 ,\i i 0 1 i S 1~ ~r a f s,' 1 f r i November 24, 1487 Mr. Steve Brinkman, Director Parks and Recreation 321 E. McKinney Denton, Texas 76201 Dear Mr. Brinkman: ` AL the request of Paul Leslie I am writing to you on behalf of the Denton Girls Softball Association's need for fund raising projects. We appreciate the financial dilema of all city municipalities in these economic times and although we don't necessarily like the umpire fee reduction we do understand it. In an effort to carry our own weight we've had several think tank sessions as to how we might raise money to make up this deficit and an item that we have kicked around for some time and would appreciate your approval is that of advertising billboards at our playing fields at the Denia facility. i As I'm sure you're aware, many cities have allowed the Girl's Softball j Association to hang advertising billboards of sponsors in order to raise money for their association. We propose to do the same thing in thr following manner. We are working with Payless Cashaways to donate to us 7/16 of an inch hardboard 91x8' sheets which will be very nicely coated with white paint and then the sponsors' logo painted on each sheet. These will sell for $175 and our first year's profits will be only about $75 a sheet because of the professional lettering that will be done on each sheet. However, upon the renewal of this advertising from year to year it will be loot profit for repeat advertisers. We propose that these 4x8 sheets be hung on the top rail of the fence surrounding the outfield spaced according to the number of responses that we have. We hope to be able to place approximately 10 panels around the outfield fences of each field and as you can see that would give us about $1,500 profit this first yeer which will certainly help reduce the deficit that has been created by the umpire fee reduction. We Intend to take up the slack by more aggressively manning the concession stand but that as you know is pure guesswork when it comes to the profitableness of the concessions. These panels will be displayed only during our season and we would be responsible for their maintenance as well as storage when the season is over with. We are certainly hopeful that you will approve this fund raising effort as quickly as possible since we need to solicit our advertisers in the month of December and January when most corporations and businesses are making decisions as to their advertising expense for the coming year. We appreciate your cooperation and please don't hesitate to call me should you have any questions ' pertaining to this matter and I'll be touching base with you very soon in order to obtain your dtclsion. Sincerely, Carl H. Stocker Vice-President bkr cc$ Tommie Weir - President r is ~ 3 f PARKS BOARD DENTON GIRLS SOFTBALL ASSOCIATION { Payless Cashaways donation of 25 7/16" hardboards, V xV sheet Sherwin Williams donation of a~ int, 6 colors E Jim Richards cost per panel for lettering, $80.00 j Profit per panel 1st year $95.00 x 20 $11900.00 x 25 2,375.00 C i r' 1 k f T iiiiiiriiiillltpiiilpillillillittli 11111111p, fill- ,k i f ~ j { a i i t I ~ II i A 1 Y DAT'E' 02/U2/S6 1 CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council i FROM: Lloyd Y. Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE PROVIDING A DEFINITION, PARKING REQUIRElZ NTS, AND ZONING DISTRICT DESIUNATION FOR FLEA KARKETS E RECOMM111D_ATION: The Planning and Zoning Commission recommends approval by a vote of 5-U, SUMMARY s The Zoning ordinance does not specifically permit flea market uses as they are typically operated. In review of current regulations and those of other cities, staff recommended that flea markets be required to have specific use permits and only be permitted in At Cr wish to development in any dia- LI, and H1 zoning districts tract, The City ity Council trict. s in Agricultural districts based on the beautification efforts of IN the City and the Task Force's recommendation to identify the major entranceways, A majority of the undeveloped property along these E entranceways is presently zoned Agricultural. while the specific ' use permit All regulate the uses, a flea market located on an entranceway might be distracting to the beautification process, i BACKGROUND[ Several inquiries have been made about opening flea markets, and in some locations, owners have opened without a certificate of occupancy or City review. The ordinance will eliminate confusion i as to how to define a flea market. l PROGRAMS DEPAKI'MENTS OR GROUPS AFFECTBU: l Staff Involved in the development review process and individuals l i interested in operating a flea market. FISCAL IP ACTs i Any costa would be offset by zoning fees, RePan aubmitteds prepared bye Ci ll rson Cecile Ca L Urban Planner r` Approveds b!wWdE is on Acting Director for Planning and Development M s i I d 1932L NO. AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A DEFINITION, PARKING REQUIRE- MENTS, AND ZONING DISTRICT USE DESIGNATION FOR FLEA MARKETS; ( PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN ` THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND fl PROVIDING FOP, AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article 12 (23), of Appendix B-Zoning of the Code o Or nances, defining "Local Utility Distribution Line," is repealed. SECTION II. That article 11 of Appendix B-Zoning of the Code of Ord nances Is amended by adding a new definition (23) to read as follows: (23) Flea Market: A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchanaise. Tne principal sales shall include new or used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects or equipment in small quantities. The term shall include personal services, food, and auction establishments. I SECTION III. That article 15 B. of Appendix B-Zoning of the Code of Ord nances is amended by adding a new paragraph (24) to the parking space schedule for nonresidential uses, to read as C follows: (24) Flea Market: One and one-half (1.5) spaces for each 200 square feet of floor area or market area. SECTION IV. That section K ('Commercial Type Uses") of the schedule o uses artia13 7 of Appendix B-Zoning is amended by adding "Flea Markets" as a new use, to read.as followsl Illti 175 1 sr 7 Y 1 Sir 9 O 7 C C1 Ll HI PD 1 ~ TYPE USE K TJ COMMERCIAL TYPE USES Flea Market (23 S S S 3 i -1 ]IM 1 _M___ P -I h i i. f SECTION V. That if any section, subsection, paragraph, sentence, c ause, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VI. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor ppunishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be' deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VII. That this ordinance shall become effective fourteen days from the date of its passage, and the City s Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, j the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987. y RAY EN89 RAYOR I 1 I ATTEST: JENNIFER WALT73-07=ECRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: L I ~ I ~ { I N I r i Minutes Planning and Zoning Commission October 7, lv47 The regular meeting of tha Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 7, 19a7, at S:UO p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, Ruby Cole, Ivan Glasscock, Judd Holt, and William Xamaan ; Absent: Eullne Brock and Etna Kiker i Present from Staff: Elisabeth Evans, Planning Administrator; Denise Spivey, urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorneyl Jerry Clark, City Engireer; Lee Allison, Civil Engineer; and Susan hltchelt, Secretary Chairman Bill Claiborne called the meeting to order, i 1. MIhUTESi It use moved by Ms. Cole, seconded by Mr. halt inunanimously carried (6•D) to approve the minutes of the regular meeting of September 13, 1967, 11. PUBLIC HEARINGS A. RD ANCE AMENDING APPENDIX B•20hlhG UF' THE CUDb OF THE to prov a or a er n t on, par In requ rements, ana coning district use designation for flea markets; providing for a severablllty clause; providing for a penalty In the maximum amount of $l,Uuo.VU for violations thereof; and providing far an effective date, i STAFr REPORT: Us. Carson stated that tnls ttem was als- cusle at the last study session and she woula respond to questions. She added that staff is recommending approval. IN FAvLRt None present.' UPPUSLL: None present. Chair declared public hearing closed. DECISIGN: Mr. Glasscock moved to recommend Idoptton of an ordinance amending Appendix A-loning of the code of the City of Denton, Texas to provide for a definition, parking re(ulrements, and zoning district use designation for flea markets; providing for a severability clause; providing for a penalty in the maximum amount of $I,Uuu.UU for violations thereof; and providing for an effective date. Seconded by .ale and motion unanimously carried (5•U), 1 S. ORDINANCE AMENDING APPENDIX $•ZONtNG OF fHE COLE OF THE to prov a or a for ng c ass u• t on or remote o v trees parking; providing for a penalty in the amount of $I,000.OU for violations thereof; and pro- viding for an effective data. STAFF REPURTt Ms. Carson stated that this item was dis- cusse a -70 last study session and she would respond to questions. She added that staff is recommending approval. IN FAVOR: None present. UPPUSEL: None present, Chair declared public hearing closed, DECISION: Mr. Glasscock moved to recommend adoption of an or -ante Amending Appendix B•Zaning of the Code of the City of Denton, Texas to provide for a zoning clessifica- tion for remote otf•str:et parking; providing for a penal- 4 ;r i Y t, t Minutes September 0, LY87 Page 3 STAFF REPUKI: Ms. Spivey stated that the Lity obtained an easement on Highway 77 from texas Cinema Lorporation for relocation of a 69 NY subtransmission line from Texas Instruments property. Subsequently, the o9 NY subtrans- mi,,sion line was relocated to Riney Road with the provision that the original easement be abandoned. She added that the Development Review Committee and the Public Utilities board recommend approval of the abandonment of the 35 loot utility easement located on the south side of U.S. Highway 77 tfexas Cinema tract). f~ bEC1Sf0A: Ms. Cole moved to recommend approval of abandon- f a,enof -a 35 toot utility easement located on the south r side of U.S. htignwa) 77 (Texas Cinema tract). Seconded by Ms. Brack and motion carried (6•U). Ill. ADJOURN lu A Sluul SESSION A. L1SCbSSIuN OF CURR01 PLLICIES of Denton Development Gulue. i STAFF RLPOXI: Ms. Carson stated that this Is a preview , j o te-current oolicles, She said that the intensity policies are the foundation for the Development Gulde, She said that intensity identifies the capacity of the land rather than road capacity and land use can, therefore, be reviewed on a more equitable basis. She said thst the c former policy was on a first come, first serve basis but has since been revised so that a tract of land receives a proportionate share of the intensity. She added that the staff reviews intensity first and then reviews other pall- ties including strip commercial, neighborhood protection, ^1 housing diversity, and mobile home policies, e,r. Claiborne stated that the mobile home policy needed to be added back to the proposed Development Plan. b. DISCUSSION OF PRUPOSEb URDINANCE to provide for flea markets. STAFF REPORT: Ms. Carson stated that recently there have eenmany inquiries about flea markets. She said that the staff Is recommending that flea markets have a specific use permit In the agricultural, commercial, light Indus- trial, and heavy Industrial districts and be permitted ;a a planned development district as approved on a detailed plan. She said that this item will be brought back for formal recommendation. t h,s, btcck asked if every flea market would be brought before the Commission, Ms. Carson said yes. Ms. Riker asked about tlae limits. Ms. Carsor, stated that this would be taken care of on a case by case basis. Mr. Claiborne stated that he felt this would be on the right track, tie said that h, had concerns about permit- ting Ilea markets in agricultural districts and would Ilke "swap seats" that occur Fstween old car butts to be Included. bs, Carson stated that the Commission would be discussing in a ficure study session bed/breakiast and Temporary/ Seasonal Sales. She said that the reason the staff aid not allow A specific use permit for a Ilea market in to- tall is because retail Ethos to be closer in towards the city and developed areas that could be significantly Impacted, Ms, Cole asked about the Farmers Market, Ms. Carson stated th,t the Farmers Market could be classified under existing toning categories. J j 411111144- Jill I i i R i ~I j -1 1 IL r sj: { DATE: 02/02/88 CITY COUNCIL RLPORT FORMAT TOs Mayor and MenDere of the City Council i I` FROM: Lloyd V. Harrell, City Manager SUBJECT: Preliminary and Final Replat of the Foxhunt Addition, f Part of Lot 27; and Preliminary Plat of Summerwind, Phase iI S RECOMMENDATION: The Planning and Zoning Commission considered these items at its ; meeting of January 27, 1988 and recommended approval. I SUMMARYS I b BA:BGROUND: PROGRAMS DEPARINZN TS OR GROUPS APFLCTED: FISCAL IMPACTS i 1 Reap fully our eds 00, I 1 to V. Harrel Cit Manager Prepared Lys i : 1 ? Denise Sp y ef r Urban Planner Approved: j David WE11W Acting Director for f Planning and Development I J i I 1 i. H-II ''+H 111 6 y a y I~ 11 [fill 11"11- i j C1Tt COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: February 2, 1989 SUBJECT': Preliminary and Final Replats of the Foxhunt F Addition, Part of Lot 27 1 SUMMARY: This u.4 acre tract is located at the northeast corner of Avenue D and 1-35L. the property is zoned general retail (GR) and is the site of a a gasoline service station. The petitioners ;pro- } pose to demolish the existing station and erect a new one on the site. The site is served br utilities via an b" sewer line in 1-35 and a 6' water line and 8" sewer line in Avenue U. No street improvements will be required since Avenue D and I-3S are improved. A grading plan will be required to ensure that the drainage sheet flows into the I-35E service road. One of two existing driveways on the 1-35 service road will be closed and the driveway on Avenue D 1.;111 be relocated approximately SO feet north of the current site. Electric, phone, and gas service are available to the site. ACTION REQUIRED: Approval of the preliminary and final replats its meeting Cofm co27nsidered and RECOMMENDATION: tThe his Planning and Zonin E voted to recommend approval. ATTACHMENTS: Reduced preliminary and final replats 7 F A t • 1 I. ',I i I• E 1 1835] i I 1 i ; i i ;l I rtv• , 1 to we . i t 1>, r r r t n I rl~ • .v t W If 1 I y 1 1. _ I l l rol n. tv m f hM rr M1r ~ I`{ I u. r Ire 1 Inn. e b r r.. x ' J~ ~,•r.~• ~ (1-~ reu!wtxa Ire 1l1 tMl ~r r t 1 uN fur olnr a {M p!M .f 1 1 f rl N qr ren if . IIl rlrl~l.al-rn nl In'nw•rl rfrn+n 1w11 le lia lal r. a.r,r rN IM .ulu [I drM .e wr el i rw4,r l.i rw.w'0'.rb laa e.0. Y.1, 1 L,Y.pw Ir W IL~HtRC LAN[ t rr.Y TxrnC1 r r•M'Or 1. 1 bnrnw d ill el iwl Y e HI Imo Iran M Iwnl led eernn . in F. qe IwU 1v4% 111'q'El•1. • utnn,a N 01.01 fill b ad •a• ILYI~ !n rme,.b b n r,w r q a.[wl 1 16.01, we, 1 4P..nn rf Il,p I", N 1 I ll04 ben q1 fpN M a( ar roan 11 fnl 01A See, 'ph. rM levnl /r ' t TlrKr l 4.q M. 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LLJU j IFF i C11Y COUNCIL AGENDA BACK UP SUMMARY ShEEI i MEETING LATE: February 1, 19tl8 I SUBJECT: Preliminary Plat of Summerwind, Phase 11 SUMMARY: This Zb.65 acre tract is located east of Mack Drive at Longmeadow Drive. 'Jhe tract is more fully described as being in the I.M. Downing Survey #346, MEP 4 PhR Company Survey 01473, i MEP 4 PRR Company Survey 01475, and MEP 4 PRR Company Survey #147y. ]he property is zoned Il Single Family-7. City services and facilities, including water, 1 gas, sanitary serer, telephone, electrical, and solid waste, a:° available. i The developer proposes to add a 40' x 2601 strip to Lots 37-4U, block 2, in order to meet minimum > j zoning ordinance standards concerning lot widths and depths', however, this strip of property is zoned agricultural (A). An application for re- zoning may be filed or those lots may be omitted from the final plat. ,y ACTIUN REQIIRED: Approval or denial of the preliminary plat RECOMMhhUAIION: The Planning ano toning Commission considered this item at its meeting of January V, 14K8 aid voted to recommend approval of the preliminary plat with the condition that rezoning of the additional 4U' x ZoU' strip be completed prior to final plat approval of lots 37-0, block 2. AITACHMENI: Reduced plat J , + ~s to i I : r J I I I if • r 1 / b 1 Y u IV } _ _ ) ~I 1 - clot Y 1•, l X I« XI.Y.r u IfM n. DYIa Y --I Y w 114, Y..' Mr.¢v M faL r r, \ L1 r. D YrX, I r 1.r. Y ✓.n I np X l V I ~T I` t F recut n. l.,> 1.10 N ~~~TTT r. - .1,it-s, Onlr, Or~IN twwy b.r W Yly wn rruGlr 1r wr[nUe r 'l.Y ~ I I I ~ I ~•IrXntM X tY w.lnrn wutMXl IIM N 11•l Yll a 11, I I.1 I. w. t _ _ N^ t t 1 ✓.el. YXr YI Y. 111) 11rp MI Ilr11y. X.IWI.Yb^', I _ V. MQ .w'111I'Y rX. 1 I«Y 1 XHLI N r n b IXl u 1 Im Vr nw . _ - 1 I' • r I b G ' w w - w u e - -1~ rt f l 1RU10L [X700 71. .1 w e t CR 11 r JI 1't I I r \ l• y 1p. }I'w w'Y nln Y I!l[I 1 XXwr r Z•1 w MI tY 1 VI' YX 4 MI _ _ • „ __~a~ ~ TYPICAL LOT I ^w b N ~I 11 1 u I ~I•P w 1T i . nt11Q QI ~ Y•r. r letlu n Ir1 a Irrl u Y Yul YLJY IYM In IIY r - It a A J 1 1 r_.`. .IV r Ir•v ~r+.r n Inn111. orl.r. f 'f- - - ~ vw ° ~ 1 ly i I1 ~_~r= naaL YD r's~a .u• Yu .n nno-N+X .r Y,•rwew. ►IS 1 t `I. tun ___I {__I-_I_1_- .ulnl. NtwwIXt Y1V1'Inn rX IW wIYYn M.0. W 1'N'Y I IIPw. el W r IXl lr r LY IoM rM IeW 1Y •1\ % I ' 1 1 r ~r 11 tl r _ U K wY D t Y b n[R. lY J 11'Y .IY r leer 1 rIXw1 N i.11 Grl Y 1 VI' low rY ~ 1 i •Y r' rW w er.r I. 11a1n wl'v uY I GnePq ✓ Im Ir r«l \e r L9• IYn IN eee~l 1Y 1 a. L I I ,rse sr,r'• le . ewe ulelYll N n w 1e11 u r Gnee LY. as t ••IY~ In1 w.r~r I r / ; 1•('[I Iw'r'• lvn 1 rrnu 1 [IXNn 11 Ib r 1.1 Y r bll Y 1 Y YM11 I 11 Iw. Mel w M*N it::r. in P.1114 w.wis.. i1i,In~litre tart Ip~YS or yt~r.1r ~i yr I lr I . ~ ~ J I f, I rCJ Pr , e I~ I , Y r 11 I cb t I Jt I'` ' proposed sq mnlnp t I r _ _ + I total 10, salt. ,Ill lots I I I'• r 0 total site prate area. 21.65 IC. I ~ ) I ~J _ el ~ 1 • ! Ji r Xt~ J I ~ It I ~ ~ n' 11 ~ J \ r. P I e 1 Id nr.n i y r - 1 J MIn •1e r n / ,r,~ t t t~l ( ~ ~ ~~r,/ I ..I L• I,w...eue 111Y.v. } • \t + ~''`I~- t "a I t PRELIMINARY PLAT t' t I I k , _ SlINWRWIND, phase two k t". 1 •a I I• I I I n .rw ...w..ll.w ♦ ♦ I Ito sddltl an to lM tfa el 0mton. Qen tiro county, to as r r:.`~~.1../, 'I`.. I - S 20.65 acres ornfr / deratocer : P•P Properties, Inc. } 1rr. )IIn.1 l • } J t 4 G~nreiei r8 1 t i v ~t~;dss+I?da tNl,.i •r~a o'~.n:ti... 1,.. e 1,4 J i i { k i 1 V j I I 1 f r T - kpp 6 0923L A i j NO. i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDIIG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated III i competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i, SECTION I. 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 being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT E 9820 /1 GUY LANEY PLYMOUTH $11,121.00 9820 02,3,8 DAVE KRAUSE DODGE 390642.07 9820 04,6,7 BILL UTTER FORD 30,061.53 h I 4 I a t SECTION II. That by the acceptance and approval of the above numbered items of the submit--d bids, the City accepts the offer of the persons submitting t.F bids for such items and agrees to purchase the materials, r,iipment, 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. i SECTION III. That should the City and persons submitting approve an 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 j 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. j SECTION IV. That by the acceptance and approval of the above numbere tems of the submitted bids the City Council hereby i authorizes the expenditure of funds therefor in the amount and in 1 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this 2 day of FEBRUARY , 1988. I i i RA STEPHENS, MAYOR CITY OF DENTON, TEXAS ~ ATTEST: JENNIFER ALTERS, CITY SECRETARY 4. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ` DEBRA ADAMI DRAYOVITCH, CITY ATTORNEi frr CITY OF DENTON, TEXAS f BY: PAGE TWO 4 N DATE: February 2, 1988 t CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager E SUBJECT: BID# 9820 SEDANS, PICKUPS AND TRUCKS j RECOMMENDATION: We recommend thib bid be awarded to the lowest responsible bidder as follows. Item (1) 4 DR Sedan Guy Laney Plymouth $11,121.00 (1) { (2) i Ton SWB Pickup Dave Krause Dodge 9,749.99 (2) (3) 314 Ton Cab/Chassis Dave Krause Dodge 10,242.10 (1) (4) 3/4 Ton Van, Cargo Bill Utter Ford 12,075.00 (1) (5) 1 Ton Truck- reject all bids - rebid at a later date, one bid received failed to meet specifications (6) 2 Ton truck c/c Bill Utter Ford 16,053.00 (1) (7) 2; Ton Truck c/c Bill Utter Ford 170976.00 (2) (8) 4 Ton Pickup LWB Dave Krause Dodge 9,899.99 (1) 4. Total Bid Award: Guy Laney Plymouth $11,121.00 Dave Krause Dodge 39,642.07 Bill Utter Ford 30,067.53 $80,830.60 } SUMMARY: This bid is for the purchase of fleet additions and motor pool replacement in the sedan, light truck and medium duty truck sizes. These units will be 3 assigned to Utility Administration, Electric Distribution, Water/Wastewater, Public Works and Electric Metering and Substations. BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Vehicle Operations FISCAL IMPACTS Motor Pool Replacement Funds $48,287.29 1987188 Departmental Funds 320343.31 t Respec ly submitted: loy . Harrell, City M ger ed by. om D. Shaw, -c.. Assistant Purchasing Agent ARproved•~ /'30116 J. shall, C.P.M. -Purchasing Agent 1 r i 1 BID 1 I 9821 BILL I LAdE I GUY 1 TRIANGLE DOWER 1 BID TITLE CITY VEHICLES UTTER P.FUSE L~NEY 1 CHEVROLET EMrr OFLNED JANUARY 26, 1988 2:11P,M; FORD 1 DOOOE 1 FLVrIUTN 1 1 RLLOUNTt I 1 ! i I 1------------- 1------------- 1------------- 1------------- °---•-•1 p 1 I QTY 1 ITEM DESCRIPTION i VENDOR VENDOR I VEKIOR 1 VENDOR 1 VENDOR I ~ I I 1 I 1 1 I 1 ~ 1. I I 'FOUR DOOR FULL SEDAN 1 11,995,85 1 11,119.99 1 11,111111 1 NO REFLY I ND REFLY 1 1 f 1 , I I 1 I 2. 1 2 11121DR SWB PICKUP 1 91175.11 1 9,749.99 1 1 1 I E ! I 1 I I I 1 1 ICABICHASSTS 314 ION 1 11,151.01 I 10,712.11 I 1 1 1 1 1 I I 1 1 I ,V 1. 1 1 !VAN 311 TOM LWB 1 12,175.11 1 121161,11 1 1 I 1 1 I I 1 1 I 1 1 5. 1 1 IIRUCK 1 tON CABICNASSIS 1 13,177.11 1 I 1 1 1 1 I 1 I i I 1 1 61 1 I !TRUCK 21,2101VW CIC 1 16,153111 1 1 1 1 1 I ! I I 1 I I 1 a I. 1 2 !TRUCK 15,011 64 CYC 1 17,976110 1 1 1 1 1 j 3 1 1 1 1 I 1 I F, ~ 8. 1 1 112 TON LWB I 11,1:1,11 1 9,0?9.99 1 1 1 1 i 1 I 1 1 1 1 1 ~ 1 i 1 1 I 1 I 1 I I DELIVERY IN DAYS ARO 1 61.91 1 91.121 1 91-120 I I 1 1 ! 1 1 1 1 I I i 1 1 I I 1 1 1 ' ; i I 1 1 i 1 1 1 j 1 I 1 1 I i 1 I I i r f E , I J 1 r j If Fk.' 'rh ~ lk' 1 3 i I } 14 i 7 a~ J I. 0923E i NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWAF.D Of CONTRACTS FOR PUBLIC WORKS OP. IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and 1 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 the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction--37 public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9303 SUNMOUNT CORPORATION 3720313.41 S SECTION II. That the acceptance and approval of the above competit ve i s shall not constitute a contract between the City and the person submitting the bid for construction of such J i F' public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, { standards, quantities and specified sums contained therein. j SECTION IV. That upon acceptance and approval of the above competitive s and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. i SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the 2 day of FEBRUARY 198 & j F RAY 9TEPHER59 CITY OF DENTON, TEXAS ATTEST: JENNIFER WAL CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO rs s~ -wimp "R DATE: February 29 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 4 FROM: Lloyd V. Harrell, City Manager i i SUBJECT: BIDO 9805 AIRPORT IMPROVEMENTS I RECO:1-1ENDATION: We recommend this bid be awarded on only Item i and Bid C to the low bidder, Sunmount Corporation at $225,660.00 for item One and $346,655.41 for Section C. i - SUMMARY' This bid was sent out with proposals to be submitted on Options 1, j 2, and 31 and Southeast Airport improvements of Sections A, B C, and D. We are { recommending award only on item 1 Airport improvements - which has FAA and and Draina Section . We Numbera21& 3 a d section A, B and Deimp o ements.eTotal awardris $572,315,41 bid as 1 BACKGROUND: Tabulation Sheet Memorandum from Jerry Clark PR0GPAIG DEPARTI+ENTS OR GROUPS AFFECTED: Airport, Utility Department, Public Works s FISCAL I1IPACT: There is no additional impact on the General Fund. } Res ectf Illy submitted: I p Llo V. Harrell City Manager Prepared by: ` me John J. Marshall, C.P.M. Ir Title. Purchasing Agent Approved: e: , ohn J. Marshall, C.P.M. Title: Purchasing Agent 4 i t ~s F k? 4 f i CITY of DENTON, TEXAS 215E, McKlNNEY / DENTON, TEXAS 762011 TELEPHONE (817) 5s6-e20G { MEMURANDUM DATE: January 13, 1988 10: Rick Svehla, Deputy City Manager FROM: Jerry Clark, City Engineer SUBJECT: Approval of Bid 49805 - Denton Airport The Engineering Division has evaluated the unit prices from Sunmount Construction mount hhasenann exAirport, All cellent reputation for ' seem very go quality worK; therefore, the project should be awarded to them. The Federal Aviation Administration portion of the work totals Z i,[-441 d25,6 . The bids have been reviewed by Ron Ness of the local t FAA office in Fort Korth, They recommend the bid be awarded to 1 Sunmount. Their participation will be $211,531 based on ]U nonparticipating items and the previously approved grant of $22b,45U, I The City portion should be awarded based on Section C with a total of $346,655.41. Available funds are from the certificates of obligation issued in 1986-87 fiscal year by the City of Denton. The sewer ll,ies should be deleted from the project with a new total cost of $SUS,77S.41. 4 erry 8, { r 05226 e E i 1 I I ` 4 I 1 I I i I + BID 1 1 4885 I 01CK.ERS04 1 SUNMDUNI i AUSTIN 1 APAC 1 DUNNICK I 1 IID TITLE AIRFDRT IMFF'MMENIS ICDNSTRUCTIDN I C6RFDRAIIDN s FAVING 1 TE44S 1 MTNERS 1 ! DFENED 1213188 21F1 F.M. i + l 1 i i ACCDUNTI 1 1 1 I 1 1 1 too { - ' 1 I QTY I ITEM DESCRIPTION I VENDOR I VfN00A I VENDOR I VENDOR VENDOR ; 1----------- ✓ Fo f~ 7 { I f I 1 . ! iBaSE PID 5 PEDUL I I + 1 1 i 1 I d-~.-. 1. I 1 I FAA P 3.48-1161-13 1 2;1,197.21 i 681.@1 216,111.91 1 241,751.10 I 252,6'.6.10 1 I T~ I I I 1 I I 2. 1 1 IADDIIIVE DID 4 1 1 BASE I I I I I FAA AIR 3.48-0867-13 i 61,048.@/ 1 52,188.11 1 61,147.18 1 53,123.61 1 52,532.51 I I I I . I 1 3. I 1 IAGQITI'VE SID 1 2 1 BASE 1 49,181.20 1 36,532.61 1 49,727.71 1 42,702.61 1 29,668.50 1 1 I I I 1 I 1 ~ I I I I SOUTHEAST AIRPORT I i I ! 1 I I IMPROVEMENTS I 1 i i I I I I 810 A I 432,528.15 1 02,145.68 i 401,112.43 I 417,183.75 1 534,868.21 1 1 1 I I I I I I I { 1 I I BID D 1 3621467.111) 1 332,714.99 I 413,611.42 I 3511143.11 1 448,101.81 I I I I 1 I I + 1 I I t 1 DID { 311,142.53 ! 346 655.41 1 431,256.76 1 367,610.75 1 5369759.11 1 I I ! I I 1 I ~ I I DID Q I 311,149.96 1 283,477.11 1 361,411.13 1 305,461.35 1 1411661.71 1 1 1 1 I I i 1 1 ; dl I I I 1 ! 1 I i { :'j T I I I I i i I I I IADDENQUM RECEIVED 11 1 TES 1 YES { YES ! TES i YES I S I 1ADDENOUN RECEIVED 42 1 YES I YES i YES I YES i YES I I 1 I ! 1 I i 1 ! I . ~ ! ( i ! 1 I I I I 1 I BID POND I YES I YES i YES I YES { YES I I I 1 I i I I I ' 1 T I I { i 1 1 ! I I 1 I 1 1 I i 1 1 1 I :i l 1 1 t i ti III pill j Lillil Jill LJILLLIJ `z Jul k' P 2205L i NO. PTHE PURCHASE AN ORDINANCE WITHDRAWING THE AWARD OF A CONTRACT FOR URCHASES TO OF POLICE SEDANS, AND AWARDING THE CONTRACT FOR DAVE KRAUSE DODGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THERE- FORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 19, 1989, the City Council, with the adoption of Ordinance No. 88-12, awarded a contract for the ` purchase of police sedans to Guy Laney Chrysler Plymouth; and I WHEREAS, on January 20, 1988, Guy Laney Chrysler Plymouth asked to withdraw its bid due to a mistake in the bid submitted; and ? WHEREAS, the City Manager having recommended that this with- Kraward the ause Dodge; cofitract drawal be purchase accepted to and the a next the bidCity derCouncil for such NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids or materials, equipment, supplies, or services, shown in Pro are als" reb j a the ppro ed as being the lowesteresponsible bids for suchcitems: and BID ITEM NUMBER NO. VENDOR AMOUNT 9808 All Dave Krause Dodge $151,199.88 That by the acceptance and approval of the above SECTION II. numbers tems of the submitted bids the City accepts the offer of the persons submitting the bids for such items and agrees to 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 approve~an 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 acontract is in accordance t tions, specifications, standards, quantities e and especified osums C i 4 1 I 4 I i f i containeu in the Bid Propose] and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above num ere items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bide or pursuant to a written 1 contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective ate y upon its passage and approval. immediPASSED AND APPROVED this 2nd day of February, 1988. i r 'I RAY I y f I ATTEST: i 7RETM i ER R r f A.°PROVED AS TO LEGAL FO►RMa DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY BY: a ~R j i I PAGE TWO ti DATA: February 2, 1988 CITY COUNCIL REPORT r - TO.. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 'r SUBJECT: BID! 9808 POLICE SEDANS RECOMMENDATIONS: Based on the request of Sir. Michael Laney to withdraw the bid of Guy Laney Chrysler Plymouth, we recommend this bid be awarded to the next lowest bidder - Dave Krause Dodge. The price per unit is $12,599.99 each. The total bid award is $151,199.88. i SUMMARY: The bid for 12 police sedans was approved by Council on January 19, 1988. The recommendation and approved bidder was Guy Laney Chrysler Plymouth in the amount of $11,961.86 per unit for a total of $143,542.32. The attached letter from Mr. Michael Laney indicates an error in his bid was discovered on January 20, 1988 and he requested his bid be withdrawn. The situation was discussed with John Marshall, John A1cGrane, Debra DraYovitch and myself. After reviewing our options we recommend that the bid of Guy Laney Chrysler Plymouth be withdrawn and the police ` sedan bid be awarded to Dave Krause Dodge. The police package option referenced in Mr. Laney's letter is a cost to him of near $700.00 Per automobile. The cost to the City of Denton to go to the { next lowest bidder Is $638.13 each or $7,657.56. In future dealings and business relationships, the goodwill created when buyer and seller work together tend to offset cost computed in dollars when vendors are severly penalized for honest errors. BACKGROUND: Tabulation Sheet Letter of 1/20/88 from Mr. Michael Laney PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department Patrol Division and Vehicle Operations Motor Pool. FISCAL IMPACTS Third party lease purchase with payments to be made from 1987/88 Police Department budget fund. Respectfully submitted: i Lloyd V. Harrell City Manager epared by: Tom D. Shaw, C.P.M. Assistant Purchasing Agent Approved by: John J. Marshall, EP.!. Purchasing Agent .r I V f r ld-:10 E)NISVH0 fld h'4! N30 0 BE6(~ Nv OBA08ddv } •I I tt QG 1 I G I pp I d ~ ' ~ G Z Y ! ' I n Y u 7 1 ~ k I I I { I~~ R 1 1 O D I w i ~ 1 I 1 I 1 L I 1 i I 1 ! ~ ~ h- BID @ 1 4918 I DAVE 1 1RIANGLE I BILL I EUY 1 C BID 1111E POLICE SEDANS I KRAUSE 1 CNEVROLEI I UT1ER 1 LANEY i p OPENED 10189 201 F.N. i DOOGE 1 1 FDRD I FLY'IIOUTH I - ' w ACCOUNTI LEASE PURCHASE 1 ! I 1 1 , Q Z V1 P t 1 CIY I LIEN DESCkIFl1^N I VENDOR 1 VENDOR I VENDOR I VENDOR 1 VENDOR I U I 1.._._....l.-°^°._....•--•-------I............. 1------------- 1------------- 1............. .......•-....I U 1 I I t ! t i ! ! CC 3 ' I 1 I I 1 1 I 1 i I. 1 12 1 4 DOOR POLICE SEDANS 1 12,599.9; 1 12,716.06 S 12,907.56 1 11,961.86 1 1 1 I I I I I t I ~ i I I t I 1 I I I I I DELIVERY 1 91.121 DAY 1 91-121 941 1 61-41 DAY 1 121 DAY I ~ 1 I I I 1 I I ~ i 1 i t i I t I I DODGE I CHEVROLET I FORT I PLYMOUTH I I k:~ ! I I ! t I 1 I I I Rode) I IIFLOHA7 I CAMCE 1 DAONN VIC I CRAMP FURY I ! ! I t I I I 1 ~ :j S 1 1 I t 1 I I I I FOI Denton I YES 1 YES I YES I YES I 1 t I I I I 1 1 1 ! i I Tom I N31 1 Nil I N31 i N31 1 1' ! S I I i 1 I I S I 1 I t I I I I 1 ! t I I t I 9 t 1 1. I CHRYSLER- PLYMOUTH 931 I-35 E. SOUTH f January 20, 1988 ' City of Denton Purchasing Department 901-H Texas St. Denton TX 76201 Dear Sirso Due to a pricing error in my bid i 9808 for 12 police sedans, I wish to withdraws my bid offering at this time. The bid did not include the price for the police package. Thank Yo Michael G. Zaney Vice President I' 1 i ~ k 1 jgC 2 rypll 1 I r { i a' i 1 'I pill Kill IA-11 I I JA I if } a I, F` I I ti 1 ~ f CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1988, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING j INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON ; CITY OF DENTON : G We, the undersigned officers of say City, hereby certify E as follows: it 1. The City Council of said city convened in REGULAR MEETING ON THE 2ND DAY OF FEBRUARY, 1988, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City council, to-wit: Jennifer K. Walters, City Secretary Ray Stephens, Mayor Jim Alexaider Bob Gorton Linnis McAdams Randall Boyd Jane Hopkins Hugh Ayer and all of said persons were present, except the following absentees: , thus consti- tuting a quorum. Whereupon, among other bus ness, the follow- ing was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1988, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING 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 vote: AY„S: All members of said City Council shown present above voted "Aye", except Jane Hopkins. NOESs ltcne. ABSTENTIONS: Jane Hopkins. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and I I I 1 1 Y I M ' r foregoing paragraph is attached to and follows this i Certificate; that said ordinance has been duly recorded in said City Council's minutes of said Meeting; that the ,ibove and 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 o ficers 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 persinally, 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 oper to the public, and public notice of the time, place, and purpose of said meeting was given, all as regsired by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City 1 secretary of said City have duly signed said ordinance; and that the Mayor and the City Secretary of said city hereby le- 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 S_ALED the 2nd day of February, 1988. City Secretary Mayor (SEAL) - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved aj to legality the attached and following ordinance prior to its passage as ` aforesaid. ~ C City Attor y l and Attorneys I i 1 . { F' ORDINANCE NO. 88••_ ORDINANCE AUTHORIZING THE ISSUANCE, SAFE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1988, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS i AND PROCEDURES RELATING THFgRSTO { THE STATE OF TEXAS t j COUNTY OF DENTON t CITY OF DENTON WHEREAS, the bonds' hereinafter authorized were lawfully and favorably voted at an election duly held in said city on DECEMBER 13, 19861 and WHEREAS, out of the bonds aggr6gating the amount of $21,637,000 voted at said election, the City has duly issued $3,500,000 thereof, represented by the City's bonds designated ass SERIES 19871 and WHEREAS, the Council of said City deems it necessary and advisable to authorize, issue, and deliver another installment or series of said bondsl 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, Article IX. of the City's Home Rule Charter, and other applicable laws. THEREFORE, THE COUNCIL 09 THE C1-1;Y OF DENTON HEREBY ORDAINS THATs 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 $3,600,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WITI $1,489,000 FOR STREET AND TRAFFIC CONTROL IM- PROVEMENTSI $786,000 FOR DRAINAGE IMPROVEMENTS) $1,300,000 FOR PARK IMPROVEMENTS, INCLUDING ATHLETIC FIELDS AND NEIGHBORHOOD AND SENIOR CITIZENS COMMUNITY CENTERS! and $25,000 FOR IMPROVEMENTS TO PUBLIC LIBRARIES. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designateds "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1988", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, install- ments of principal! (the "Initialt Bond"), buts the Initial Bond 1 t i I 1 J 4 rt,d may be assigned and transferred and/or principal amount of to an exchanged for a like aggregate p fully registered bonds, without interest coupons, having serial maturities, and in the denomination in t e miens he 5,,0 0 or any integral multiple of $5,000p all alter provided. The term Bonds as used in this Ordinance shall mean and include collectively the initial Bond and all substitute bonds exchanged therefor, as well as all other substitute term "Bonds" shallcmeantanynof the Bonds pursuant hereto, and the 1 f Section 9. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE 'f INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interesT ate coupons, date JANUARY oat 1 8b00 i denomination and able in annual installments of principal to numbered R-i, payable in he the initial registered owner thereof, to-Witt "registeredny or to the re ortions thereofe hass (in eac case, fthesaid portion or p owner"), with the annual installments of principal °fandein Initial Bond to be payable on the dates, respectively, the INITIAL principal l sot amounts, forth ire this t Ordinance. in the FORM OF (b) The Initial Bond (i) may be prepaid or redeemed prior and nsta transferredllments (iii) to the respective scheduled duassigned dates principal thereof, (ii) may be iv shall have may be converted and exchange for other Bonds, ( sealed, and the characteristics, and (v) 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 OP 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 duled due or to the installmentse of principal of pre;~eym principal of ! the initial Bond, and said interest shell be the the ra d at ani datesl stated in them FORMrOFr INITIAL nBOND set forth in this he Ordinance. 2 I II r I I 1 Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Bond of the Comptrol- ler of Public Accounts of the State of Texas to be endorsed on l the initial Bond, shall be substantially as follows$ FORM OF INITIAL BOND f` ! $306000000 M y NO. R-1 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTOSERINERAL OBLIGATION BOND 1988 THE CITY OF DENTON, in Denton County, Texas (the "Issu- ®r"), being a political subdivision of the State of Texas, , hereby promises to pay to I 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 $3,600,000 (THREE MILLION SIX HUNDRED THOUSAND DOLLARS) in annual installments of principal due and payable on JULY 1 each of the years, and i the respective principal amounts, as set lforth in the following PRINCIPAL PRINCIPAL YE~B aMOUNT_- Y.~B ~T--- 1990 $175,000 2000 $200,000 { 1991 1750000 2001 200,000 1992 175,000 2002 200,000 1993 175,000 2003 200,000 1994 175,000 2004 2000000 1993 1750000 2005 200,000 1996 1750000 2006 200,000 1997 1750000 2007 200,000 1998 200,000 2008 200,000 1999 200,000 s and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, 3 r~ r' i N I r } i respectively, from time to time remaining unpaid, at the rates as followst t per annual on the +bove installment due in 1990 per annum on th above installment due in 1991 per annum on the above installment due in 1992 f per annum on the above installment due in 1997 per annum on the above installment due in 1994 I k per annum on the above installment due in 1995 t per annum on the above installment due in 1996 4 per annum on the above installment due in 1997 t per annum on the above installment due in 1998 1 per annum on the above installment due in 1999 1 per annum on the above installment due in 2000 1 per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2001 per annum on the above installment due in 2004 3 per annum on the above installment due in 2005 t per annum on the above installment due in 2006 per annum on the above installment due in 2007 4 per annum on the above installment due in 2008 with said interest being payable on JANUARY 11 1989, and semi- annually on each JULY 1 and JANUARY 1 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 collf.-pion charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the servica• of MUST CORP NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying 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 providodf 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, it the address of the registered owner, as it appeared on the 15th day of the month t+cxt preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, rho Issuer covenants with the regls- tared owner of this Bond that on or before each principal 4 I and/or interest payment date for this! from ond th wilnterestaaa3l- able to the Paying Agent/Registrar, the amounts Sinking Fund" created by the Bond Ordinance, available required to provide for the payment, in immediately funds, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the day, aa legal holiday, eat on this Bond shall be a saturday, Sunday, where the or a day on which banking institutions in the City law or paying Agent/Registrar is located are authorized by shall executive order to close, then the date for such Payment k day which i not such institutions be the next succeeding are legal holiday, or day on which ch banking Sunday, snt on such date shall have t authorized to closet and pf male on original date payment same force and effect as t the was due. THIS BOND has bean authorized in accordance with the S. constitution andOlaws p of the Statt~AltINGTIMPROVEI~NTS F RPPUBL C THE SAID CITY, TO-WIT, $1,489,000 FOR IMPROVE- PURPOSES IN TMNTS 786,000 FOR DRAINAGE TRAFFIC CONTROL IMPROV PARK IxpROVEl~ENTS, INCWDINI ATHLETIC MENTS1 $1,300,000 FOR PARK FIELDS AND NEIGHBO ROOOEDMEANTSSTOIPttBLIC ILIBRARIES O CENTERSt and $25,000 FOR IMP date there- ON 3ULY 1, 1998, or on any interest payment he aid installments of prinoipal of this Bond at ty be niter, the unp prepaid or redeemed prior ofthoi derivedlfrom u any available particular option of the Issuer, with art, and, it in part, the source, as a whole, or in p redeemed shallpp be se- portion of this Bond to be prepaid or ortion of laded and designated the Issuer (Provided that a amed only in an integral multip Is or this Bond may be redee teen price of the p to the date $5,000), at the prepayment or re prinoipal amount thereof, plug accrued interest fixed for prepayment or redemption. such AT LEAST 30 days prior to the date fixed for any ant or prepayment or redemption a written ayinceantuRagistrarmto the redemption shall be mailed by the a pdateg fixed /for any such the registered owner hereof. BY vision shall 'be prepayment or redoml1~~tion due Reoistrar for the payment a by of the Issuer with the PaYing Agent/ g mica for this Bond or the required prepayment or redemption p portion hereof which is to be so prepaid or radeemnd, entuor ,at thereon to the data tired toe redemption accrued intere pr P all as redetionandif such provisioe for e suchre apaymentant is or made, i given, 5 4 1 F provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, 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- 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 prinoiprl of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed print!pal balAnce hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may 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, togethor 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 $5,000, 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 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 (which then will be the new registered owner or owners of such new Bond or Bonds) 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, 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 paragraph hereof for the conver- sion and exchange of this Bond or 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 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. I 6 ( a. 'ey G V t, AS PROVIDED above and in the Bond ordinance, this Bond, to r the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggre- gate principal amount of fully registered bonds, without interest ccupons, 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 f integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for f 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 Bond or any portion hereof is assigned and transferred or I converted each bond issued in exchange for any portion hereof i shall have a single stated principal maturity date correspond- ing to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. i j Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the 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 principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, 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, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Reglstrarls standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requestii:g such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Prying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period i1 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 prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. 1 IN THE EVENT any Paying Agent/Registrar for this Bond is r changed by the Issuer, resigns, or otherwise ceases to act to such, the Issuer has covenanted in the Bond ordinance that it 7 f i I~~ - T w t promptly will appoint a competent and legally qualified sub- stitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and deliveredi that all acts, conditions, and things required ` or proper to be performed, exist, and be done precedent to or in the authorization, Issuance, and delivery of this Bond have been performed, existed, and been done in accordance with laws that this Bond is a general obligation of the issuer, issued on the full faith and credit thereof; 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 t principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, end have been pledged irrevocably for such payment, within the limit pre- scribed by law. 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 th. 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 JANUARY It 1988. City Secretary, Ma or City of Denton, Texas City of Denton, Texas (CITY ` SEAL) f i 8 h r jQQ F' ~r Z„ 7 V ^rRTIFTCATE OF THE ~raROLLFR OF PUBLIr ACCOUNTSt COMPTROLLER'S REGISTRATION CERTIFICATE1 REGISTER NO. 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 Stat4 of Texas. Witness my signature and seal this Comptroller of Publ c Accounts of the State of Texas (COMPTROLLER`S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. g4aistra*ion and Transfer. (a) The issuer shall keep or cause to be kept at the principal corporate TEXAS ttrust o(the ffice"Paying UST CORP NATIONAL ASSOCIATION, DALLAS, Agent/Registrar") books or records of the registration 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 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 :h respect to the Bonds shall be mailed, as herein provided; ut it shall be the duty of each registered owner to notify the Paying inshalle beRmailedar and writing inteof the address rest paymentsto which 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 otherwiss 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 bs transferred in the Rogistra- 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 fors and with guarantee of signatures satis- factory to the Paying Agent/Registrar, portion evidencing Integral assignment of the Bond, or any p f 9 4 d~ h multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or aosignses 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 de- livered in conversion of and exchange for the Initial Bond j shall be in any denomination or denominations of any integral I multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated E BOND set forth inethform is prescribed in SUBSTITUTE date), shall be in the principal FORK OF maturity and shall have tha 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 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 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. 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 thon will be the registered owner or owners of such new Bond or 10 `i Y~ { } i I N 1 Bonds), or to the pprevious registered owner in case only a portion of a Bond is being assigned and transferred, 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. 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) iE with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its f redemption date. (b) pwnershin _Q Sonde. 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 contraryt 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) Payagnt of Bonds and Interest. The Issuer hereby I further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bands, 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 Zwg nge or Rev)ao+mentf Authenti- Each Bond issued and delivered 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 Ag,knt/Registrar, together with a written request therefor duly ` executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys o: 11 I I` Iyy` iy signatures satisfactory to representatives, wittrar, uarantea may, of at the option of the regi be the paying Agent/Ruy ssignee or assignees, as appropriate, tared owner or such as registered bonds, converted into and exchanged for fully one, in the form prescribed in the FORM OF without interest coup (subject to s SUBSTITUTE BOND st a~orinteyralimul ipl t e ordinance, / each $5e 000 (befitsubsto Bond then a $5,060, or y date), as requested assignees, f I the requirement hereinafter stated tha nee or es, shall have a single stated maturity Such asi writing by such registered owner 01 al to sthe unpaid or unre- re ate principal amours equ Bond or in an a99 9 balance or principal amount of anY petered deemed principal payable to the appropriate reg the Bonds so surrende or , and assignees, as the case may owner, assignee, Initial Bond is assigned and transferred or converted each maturity substitute Bond issued in exch lee for stated any principal portion of the Initial Bond shall have i shng to the Send date, and shall shall have a P rhnc F not be ayable in installmentst and each such al maturity date corresponding principal or portion thereof for due date of the instalBlome tie eing exchangedi and licable each such to and the substitute single rate app for of wh ich rest at the on there al or porti and shall bear ints L rincip other B of any Bond borne by such installment o principal exchanged. If a Portion which it is being shall be redeemed prior to its scheduled than the Initial Bond} a substitute Bond or Bonds having as provided herein, interest at the same rate, in the maturity same maturity date, bearing any integral multiple of aggregate the denomination ooOf the registered ° port ion and in thereof, will 55,000 at the request al to the unredeemed principal amount equ owner upon thereof (surrenderother than thereof for be issued to the registered cancollation. it any Bond or portion rinaich Initial Bond) is assigned and transferred or converted, each Bond issuedatOnand°baareinterest at the same tratsaas the Bcnd hall maturity exchanged Each isri iti from Beaond ch so h r for which it is being bear a letter and/or number to diet nqu ert andregiste change or Bond, qho paying Arovidedent/Registrar herein, and shall each convfully lacement replace Bonds an provided permitted or required by any bond delivered in there ft as P exchange for or r• of any Bond or p inovided thatd provision of this ordinance shall authenticated coand may oagaOne Of the Bonds any Bond for all purposes of this Ord rd it nis# spsaiLhcelly pr for or and exchanged rep r scheduled E replacement otanothdr Bond on ors priori tonthexfirste Record Date for the Initial Bond shall bear interest from the rep E date of the Initial Bond, but each r substitute ecedinc Bond so the data authenti- next to shall bear inter- daRecord interesttpaym9 scheduled cated from such eat 12 Aich such substitute Bond was so authenticated, unless such 6 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 of any 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 substitute Bond issued in conversion of and exchange for or shall be printedda bond, rd ini the form under this nas there replacement follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond ordinance des iof and Bond; and that this Bond has been issued in conversion 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 Accounts of the a State of registered d by the of a Public the State of Comptroller MUST CORP NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representat vel' 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 ek.hange 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, an the Payinand Agent/Registrar shall provide for the printing, ax delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of typo 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 13 f i 4 PR Syy F' I hereby imposed upon the paying Agent/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 b originally as issued pursuant to this ordinance, app o` the Attorney General, and registered by the Comptroller of Public Accounts. The issuer shall pay the Paying Agent/Registrar's standad o 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 any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exerc:.se of such privilege of conversion and exchange. The Paying Agent/ E Registrar shall not be required to make any uch convey f o(i;nd exchange or replacement of Bonds or any portion 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 thh characteristics, (intoreall be signed and sealed, and (vii) principal 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) rent o! Fees aid Charnea. The issuer hereby covenants with the registered 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 when , at o the and and charges interest of the h Paying sAgent/ ay the p foes of due, and f (ii) pay 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, ti ut Pavinn Agent/Renistrar. The Issuer covenants with the registerod ownors of the Bonds that at all times while the Bonds are abank tthe issuer rust company, willprovide competent and legally qualified 14 4 F V 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 y time acting as Paying Agent/Registrar (or its successor by it merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as ` 'I Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous raying 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- R trar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/- Registrar 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 Aggent/Registrar shall be deemed to have agreed to the provi- sions 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 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 1988 INTEREST RATE MATURITY DATE CUSI,P NO. E f 15 4 i i f I r I ON TSE MATURITY DATE specified above the CITY OF DE a ON, pay to in Denton County, Texas (the "Issuer"), Politicl subdivision of the state of Texas, hereby t', e p hereinafter or tod the the "re rregsie eredsownere)htheoprincipal called amount of i 1988, to the E and to pay interest thereon for the date of redemption prior maturity date specified above, per annum specified above: at the interest rate p 1989, and semiannual- With maturity, interest being payable on JANUARY 1, III w on each JULY 1 and JANUARY 1 thereafter, except that if the 1 date ~ I date of a herincipal Bond is n Of thamounti shall bearainterest Dfrom Bthe151 1988, such P receding the date of authentica- l interest payment date next p Record tion, unless such date of but on or betores that nextnPollowing payment al amount Date (harej.naent date, in which case such princip interest paym shall bear interest from such next following interest date. e in States Tof ON this Bond are America] without exchange Tt',E PRINCIPAL he United INTEREST lawful money ney o of t or collection charges. The principal of this Bond shall be resen paid to the registered owner hereof upon the date tatofixed n an for orate surrender of this Bond at maturity or at the principal core its redemption prior to maturity, DALLAS, trust office of XTRUST $'p CORD NATIONAL gistrar"AforN this Sonde. TEXAS, which is is the he Paying Agont/R h The payment of interest on this Bond shall be made by Paying Agent/Registrar to the registered ~ nersher int n each interest payment date by check, dated payment date, drawn by the Paying Agent/Registrar on, and funds of the Issuer required by the payable solely from, ordinance authorising the issuance of the Bonds (the "Boni Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter providedt and such the ekm hall be sent by the Paying Agent/Registrar by first-class postage prepaid, on each sat the address of the date, to the registered owner hereof month registered owner, as it appeared on the 15th of the next , " on the Rsgietra- preceding each such date (the "Record Ragistr) as here natter tion Books kept by the Paying Agent/ on the sdhepion to described. Any accrued interest due up aid to this Bond prior to maturity as provided herein still be paid of the registered owner at the principal corporate the Paying Agant/Registrar upon presentation andsurrender of this Bond for redemption and payment at the principal trust office of the Paying Agent/Registrar. ji-,s Issuer 16 r a' •7 covenants 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 f funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on `hie 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 closet and payment on such date shall have the same force and effect as if made on the original date payment was dui. THIS BOND is one of an issue of Bonds initially dated JANUARY 11 1988, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $3j600tOOOF FOR PURPOSE PUBLIC PURPOSES ACQUISITION IN SAID PROPERTY D TO-WIT: MAKING $10489,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; $786,000 FOR DRAINAGE IMPROVEMENTS; $10300,000 FOR PARK IM- PROVEMENTS, INCLUDING ATHLETIC FIELDS AND NEIGHBORHOOD AND SENIOR CITIZENS COMMUNITY CENTERS; and $25,000 FOR IMPROVEMENTS TO PUBLIC LIBRARIES. ON JULY 1, 1998, 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, it 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 among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texao (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, 17 ( N t 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 appear.. on the 45th day prior to such redemption dates 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 k redemption of any Bond, and it is hereby specifically provided ! that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions there- ;t of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written 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 cut of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds Navinqq 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 ANY INTE- GRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of reggistrar 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 this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee ar assignees in whose name or names this Bond or any such portion or portions 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 Is E I representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided i in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The 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, (11) with respect to any Bond or any port.on 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 Aqent/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 the 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 $5,000 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 governmental 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 19 1 1 I N conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the or i opening business (ii) the iBondaor portionst respect togany payment date, , or, or, thereof called for redemption prior to maturity, within 45 days prior to its redemption date. 11 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 ed at it- substi promptly will appoint a competent and legally cN thereof to a the promptl will cause tute therefor registered owners of the written Bonnds. to be mailed IT In HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with lawn Ik that this Bond is a general obligation of the Issuer, issued on annual ad valorem the full faith and credit thereof; and that of the interest on taxes sufficient to provide for the payment and principal of this Bond, as such interest comes due and such to be principal matures, have been levied hea and ordered and have basin d Issuer ' against all taxable property payment, within the limit pre- pledged irrevocably for such scribed by law. 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 and records ofv the governing body i of the t Issuer officialand agreess that Bond and the nancetconstituten apcontractsb twjens each registerednowneri hereof and the Issuer. ' IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the facsimile signature of the Mayor of the Issuer and countersigned with the facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on on this Bond. r~■~a{~1{~. aianaturel _ +t•rwisile sianaturel City of Denton, Texas City of Denton, Texas (CITY SEAL) 20 r V 4 i Nnin~r*cTRAR~S AUT}iENTICAT ORTIFICATE FORK OF PAt aav n PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bonds and that this Bond has been issued in conversion of and 1 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 State of registered Texas. by the Attorney General of a Public Accounts of the Texas and comptroller MTRUST CORP NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative FORM OF ASBIMM ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of representative or attorney this hereby duly assigns this Bond to i (AssIgnse's Social Want or typewr to Ass gnes's name and security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably const tutes and appo nts attorney to transfer the reg strat on of th s Bond on the Paying Agent/Registrar0s Registration Books with full power of i substitution in the premises. Dateds Signature GuarantaedS NOTICES Th s s gnature must be Registered owner guaranteed by a member of the NOTICES This signature must Now York Stock Exchange or a correspond with the name - f commercial bank or trust the Registered owner appeor I company. ing on the face of this Bond. 21 ,r 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 Fund 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 and n shall be used only accounts of the Issuer, interest on and principal oftheBonds . All ad f valorem n taxes levied and collected for and on account of the Bonds shall 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 f amount of ad valorem tax which will be sufficient to raise and E produce the money required to pay the 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 t said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies ?end 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 assessed and collected each such year ny n Fund. s and aid 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. 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 required notice 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 payment inor (2) terest G in such obligations which and at such ties mature to principal as 22 r will insure the availability, without reinvestment, 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, 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, t (b) Any moneys so'deposited with the Paying Agent/Regis- trar may at the written direction of tae 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 the payment of the Bonds and interest thereon, with respect to which such money has been so de- posited, shall he 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 r,uch services as required by this ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds, In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be print- ed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Anniication for Rlacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of lose, theft, or 29 f i o" 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 furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilat'.on of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or muti- lated. i (c) ZCp Default Occurred. Notwithstanding the foregoing provisions of this section, in 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 tha Bond, the Issuer may authorize the payment of the same (witha,it 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) raarap for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying 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 this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this ordinance equally and proportionately with any and all other Bonds duly issued under this ordinance. (e) Authority for Tagging Reolacemsat Bonds. In accor- dance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-60 this Section of this Ordinance r` 't constitute author- ity for the issuance of any such replace ..ant bond without 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- ticats and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this ordinance for Bonds issued in conversion and exchange for other Bonds. Section 12. COVENANTS REGARDING _TAX-EXEMPT STATVQ_4E BONDS, The Issuer hereby covenants to take such action or 24 aa: i r refrain from such action necessary to ensure the status of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986 or any predecessor thereof. In particu- lar, but not by way of limitation, the Issuer covenants as follows: (a) None of the proceeds of the Bonds (including investment earnings thereon) will be used, directly or indirectly, in the trade or business of a person, other than the Issuer. For purposes of the foregoing, any use of such proceeds in any manner contrary to the guidelines set forth in Revenue Procedures 82-14 and 82-15, 1982-1 k 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 persons (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 income 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 Bonds; 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 Bends to be includable in the gross income of any bondholders for federal income tax purposes. Section 13. COVENART8 Ra DINQARBITRAGE, a A Rebate Fund is hereby established by the Issuer. Such Fund shall be for the benefit of the United States of America. The Rebate Fund is established for the purpose of compliance with section 148 of the Internal Revenue cede of 1986 (the Code"). 25 ~ P y V f shal (b) At the close of each "Bond Year," the is the period compute the amount of "Excess EarninofpthefIn y, f Bond and beginning on the date of delivery ending at the close of su:h "Bond Year" and transfer to the Rebate Fund an amount equal to the difference, if any, between the amount then 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 Year, the amount 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 ` tha Issuer. I (o) In general, "Excess Earnings" for any period of time means the sum of I (i) the excess of - (A) the aggregate amount earned during such period of time on all "Nonpurpose Obligations (including gains on the disposition of such Obli- gations) in which "dross Proceeds" of the issue are over lexcessdescrib d In a this amounts subparagraph attributable (c)(i)) to e (B) the amount that would have been earned during such period of time if the "Yield" on such Nonpurposs Obligations (other than amounts attrib- to i the yield i on subparagraph issueh utabe an been excess equal described (c) ( plus (ii) any income during such period of time attrib- utablo to the excess described in subparagraph (c) (I) above. "Excess Earnings" will not include amounts, if any, which need not be taken into of thendCod; the to bona fide debt special rules of section 148 (f) ervice funds and (0) B) of funds and the six-month tampo„arossinvestment s Proceeds" sand I The terms "Nonpurpose obligations, "Yield" ahall have the meanings prescribed by section 140 of the Code and shall be applied in the manner prescribed in such section. (d) The Issuer shall pay to the United States of America at least once every five-years an amount that ensures that at least 90 percent of the Excess Earnings from the date of 26 i I i r !11 i i delivery of the Bonds to the close of the period for which the payment is being made will have 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 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 j investments," or to replace funds which were used directly or f indirectly to acquire "higher yielding investments," The term j higher yielding investments means any investment property (as defined in section 148(b)(2) of the Code) which produces a 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 (1) 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 fund if the gross earnings on such fund are less than $100,000 in any bond year, (g) The Issuer covenants to restrict the use of initial Bond proceeds in such manner and to such extent, as may be necessary, so that the Bonds will not constitute arbitrage bonds under section 148 of the Code. Any authorized represen- tative of the Issuer having responsibility with respect to the issuance of the Bonds is authorized and directed, alone or in conjunction with any other official, employee or consultant of the Issuer to give an appropriate certificate on behalf of the Issuer, for inclusion in the transcript of proceedings for the Bonds, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to section 148 of the Code and, to the extent applicable, section 144(d) of the Code. (h) The requirements of this Section are subject to, and shall be interpreted in accordance with section 148 of the Code. 27 ~ff , V 1 Section 14. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS. Issuer hereby designates the Bonds theaInternal tax-exempt Revenue bonds" as defined in Section in6further of ance of such designation, Code of 1986 (the "Code")' and warrants the following. covenantas the issuer rePrethetcalendar year in which the Bonds are isued, t (a) that du(in luding any subordinate ent with the has not destg- the Issuer which when aggregated he nated nor will designate bonds, alified b that the Issuer reasonably Bonds will result in m issuedan($)0'000,000 of "Qu ' th f tax-exempt bonds being -exem anticipates that the amount of a the Bonds ali is~Ions ued, by the during the calendar year in which will not exceed issuer (or any subordinate entities) $10,000,0007 and, (c) that the Issuer will take sup articularly refrain from such action as necessary, and as more p set forth in Section 12, hereof, in orr,ds„twithin the meaning not be considered "private activity of section 141 Of the Code. CUSTODY, APPROVAL, AND REGISTRATION OF BOtNeDS, Section O 5• CUSIP NUMBERS, AND INSURANCE. BOND COUNSELS OPINION' authorized to have control of the May 1z of the Issuer is hereby ending its delivery records and *.aitial Bond issued he tc the IaitiallBond P eery the Attor- proceedings pertaining examination, and approval by and its investigation, Taxason b pon e and its he State ofregistrat ney General of theliState ccounts of t Comptroller of P~ troller of Public registration of the InitialBt:dd in iwritiriq to act for said Accounts (or a deputy designated the Comptroller's Registration Comptroller) shall manually Cortiticate on the Initial B on ~d in tac !mils fen the initial ler shall be improsseiego or opinion of the Issuer's Bond Counsel Bond. The approving at the option of the and the assigned CUsIP numbers may, Bonds issued Issuer, be printed on the initial Bond or on any f and delivered in conversion of and exchange or roplaceistered any Bond, but neither shall have any legal effect, and shall solely for the convenience and ur owners of the Bonds. If the Pa ~rioi tihotthe Ynitial Bond 1 exercises its option to obtain insurance on Instruction as s and permitted in the Notice of eels and Bidding end concerning all other al statement hereinafter dosro biate l the eg Initial Bond and insurance as provid d by theainsurer pr The Initial Bond is Sesoldn an16. d shall E be delivered aD. value t eraof and OF INITIAL hereby for cash for the par plus a premium of ncor n it sis hereby tOfficiallydfound* dtermined, and g 28 { 1 I iond has been sold ubl Sale to f declared that the In thealowest interest cost at ; afterireceivi q the bidder offering 1988, sealed bids pursuant to an Official Notice of Sale and 198 Bidding Instructions and Official statement dated January 14, with the sale prepared and diSaid officialcNoticeiof Sale and Bidding In initial Bond. su lement, structions and Official Statement, and any addeadarovedpbY the or amendment thereto have been and are hereby pp tou dthedetarmdiis issuer, and their use in the offer and sale i hereby approved. It is further officially 3 and rereson and declared tha the officialtNoticetofeSale eand Official state ment areitrue id in said and rcfcthenCiall materia ty Councill respects, to the best knowledge and belief Mayor of the Issuer, Section 17. FURTHER PROCEDURES. The and all other the City Secretary Secretary of the Issuer, and each of officers, employees, and agents of the ressly authorized, them, shall be and they are hereby xp time to do , ime tol- empowered, and directed from time to tim and time a chat any t nnd perform all such acts and things orate seal and edge, and deliver in the name and under the cr whether or not such on behalf of the issuer De necessary or desirable in order to herein mentioned, as may carry out the tarns and provisi sad othehNotice of dSalecandthe Bonds, the sale of the Bonds, Official Btatamantr nsa the iDssuance of the Finance to be paid shall cause the expo Band shall cease to ~ from the proceeds of sale of thaaTionaanBond. In case any officer whose signature shall appa of such Bond, such signa- be such officer before the delivery u os- as the same as neverthelessif such officer dhad r main d sufficient in t office until and es such delivery. s "4 1 29 4 s' i i I ,I t i C i • y j a .4 a 1 7is . I }5}F , 9: i +444 4 I DATE: 02/02/68 J . 6 j CIT`_ COUNCIL REPORT FORKAT ~If Mayor and Members of the City Council i TO: FROMs Lloyd Y. Harrell, City Manager ` SUBJECTS ORDINANCE AMENDING ORDINANCE NO. 64-25 RECOMNr11s Planning ano Development Department reconmienda approva L SUMMARYs nce will correct an error in the legal description. The The ordina metes and bounds description included thstointended fore i in one call that reflected p P Y 1 annexation. i i + t ' BACR._-- OROUNDI City's effort to control t 7 k r ; Annexation was completed a$ part of development in the area of Lake Ray Roberts. S ' pApOpAMg DEPARTMENTS OR GRGUPS AFFECTEDS Planning and Engineering Departments J, FISCAL .1kPACT1 r` None i Respect y subudtt d t i L oyd Harrell { City manager Prepared by' S ~ tLa4-,ti~ rrr. l/ Cecilo Carson ` Urban Planner i Approveds David Ellison F Acting Director for planning and Development 'I r 1 E ~t 1 f ,r S N 1711L 1 I NO. AN ORDINANCE AMENDING ORDINANCE NO; 84-25 TO COI ECTANNEFFEOTIVE THE METES AND BOUNDS DESCRIPTION, 1 DATE. THL COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: roved February 21, i SECTION I. That Ordinance No. 84-250 ac being 1984, provi3Cng for the annexation. of 175 acres of land, more particularly described as follows: and being ALL that certain lot, tract or parcel of land lying situated in the County f Denton, State of ~ethei JanWest beinart j o of the W. Survey I No. 328 described as 4 Abstract No. fl follows: in the present city limits as BEGINNING at a point lyi g 350 feet lying described in Ordinance 74-36 Tr. II, said point line of said Dnortobb,hs of Survaeynd, perpendicular same being n°theheastnboundaryoE U.5. Highway 380 said point also lying ithe west boundary line of the J. ; Williamson Survey, Abstract No. 1418; THENCE westerly along said present city limits, 350 feet north of and parallel to the centerline of said U.S. Highway 380, a distance of 500.0 feet to a point for corner; THENCE north SOO feet west of and parallel to the east boundary line of said Dobbs Survey, passing the north boundary line of said Dabbs Survey, same being the south boundary West Survey line of the .J. a distance of 10,060 feet to a point for corner; , THENCE westerly 10,060 feet north of and parallel with the said present city limits to a point for corner in the east boun d dand line of a tract of land conveyed to Bill L nc b of Denton : recorded in Volume 607, Page S26 of the Deed Reords I County, Texas; Lynch tract a THENCE north along the cast boundary line of said Lyn distance of 500.0 feet to a point for corner, said point lcig 10,560 feet north of and perpendicular to the said present limits; resent for cornero srtid pointllying Inethe east THENCE eto yal point feet city limits I boundary line of the West Survey, same being the west boundary line of the A. Calvin Survey, Abstract No. 306: THENCE south along said lines, passing the southwest corner of said Calvin Survey, same being the northwest corner of said Williamson Survey, passing the southeast corner of said West Survey, same being the northeast corner of said Dabbs Survey, continuing along said lines a total distance of 10,560 feet to the PLACE OF BEGINNING and containing 174 acres of land, more or less. is amended by adopting the above revised metes and bounds description, so that the property shall be subject to the i j revised property description. SECTION II. That a copy of this ordinance shall be attached to Ord nance No. 84-25, showing the amendment therein made.. SECTION 111. That this ordinance shall become effective s immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. 4 r RAY STEPHENS, MAYOR i { i ATTEST: I JENNIFER WALTERS$ CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~ BY: Lf(~ ' PAGE 2 j f 0415E/43 s ORDINANCE NO. 84-25 ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being y part of the W. Dabbs Survey, Abstract No. 328 and the J. West F[ i Survey, Abstract No. 1331, and being more particularly I described as follows: BEGINNING at a point lying in the present city limits as described in Ordinance 74-3b Tr. 11, said point lying 35U feet north of and perpendicular to the centerline of U.S. Highway 380, said point also lying in the east boundary line of said W. Dabbs Survey, same being the west boundary line of the J. Williamson Survey, Abstract No. 1418; THENCE westerly along said present city limits, 35U feet north of and parallel to the centerline of said U.S. Highway 380, a distance of 50U.0 feet to a point for corner; t THENCE north 500 feet west of and parallel to the east boundary line of said Dabbs Survey, passing the north boundary line of said Dabbs Survey, same being the south boundary line of the J. West Survey, a distance of 10,060 feet to a point for corner; THENCE westerly 30,060 feet north of and parallel with the said present city limits to a point foi corner in the east boundary line of a tract of land conveyed to Bill Lyynch by deed and , recorded in Volume 607, Page 526 of the Deed Recor,, .,f Denton County, Texas; THENCE north along the east boundary line of said L):to tract a distance of 500,0 feet to a point for corner, said point lying 10,560 feet north of and perpendicular to the said present city limits; THENCE easterly 10,560 feet north of and parallel to the present city limits to a point for corner, said point lying in the east boundary line of the West Survey, same being the west boundary line of the A. Calvin Survey, Abstract No. 3U6; THENCE south along said lines, passing the southwest corner of said Calvin Survey, some being the northwest corner of said Williamson Survey, passing the southeast corner of said West survey, same being the northeast corner of said Dabbs Survey, continuing along said lines a total distance of IU,S60 feet to the PLACE OF BEGINNING and containing 174 acres of land, more or less. Y 1' i s v E E I ~ I r 1 ,F t 1 1 pf 1 ~ r' DATE: DI/0'1/8d s i CITY COUNCIL REPORT FORM, S i TO: Mayor and Members of the City Council FROM. Lloyd Y. Harrell, City hanager f SUDJECTt ORDINANCE AhENDING ORDINANCE NO. 85-157 RECOM~ DAT~ION: Planning and Development Departnent recommends approval. I SUMMARY= The ordinance will correct an error in the legal description. The !f I metes and bounds description included that intended fore ` in one call that reflected property other t annexation. BACKGROUND: S, Annexation was completed as part of City's effort to control ; development in the area of Lake Ray Roberts. PROG'AMS, DEPART: N13 OR GROUPS AFFECTED: k F Planning and Engineering Departments 4 FISCAL IhPACTr ; None a Reap fully subs t edi a Ll Y. carrel Prepared by: City Manager ; n. ~ J U ('j, lX ~i~i9>1 Cecile Carson U[bar Planner ' App "adj David Ellison j Acting Director for Planning and Development 1 s} y` .c' .7t a'; f 1712L NO. AN ORDINANCE AMENDING ORDINANCE NO. 85-197 TO CORRECT AN ERROR IN THE METES AND BOUNDS DESCRIPTION; AND DECLARING AN EFFECTIVE. DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 85-197, approved October 1, 1985, prov ing for the annexation of 115 acres of land, being more particularly described as follows: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the J. West Survey, Abstract No. 1331 and more particularly described as follows: r # t BEGINNING at a point in the present city limits, said point lying in the north boundary line of said tract described in Ordinance No. 84-25, said point also lying in the east boundary line of a tract of land conveyed to Bill Lynch by deed recorded in Volume 607, Page 526 of the Deed Records of Denton, Texas; THENCE north along the east boundary line of a tract described in Volume 607, Page $26 of the deed records to a point in the north boundary line of the J. West Survey, Abstract No. 1331; THENCE east along the north boundary line of the J. West Survey, a distance of 3,500 feet to a point for corner; THENCE south a distance of 500 feet to a point for a corner; THENCE west a distance of 3,000 feet to a point for corner; THENCE south to a point for corner in the present city limits; THENCE west along the said present city limits to the place of beginning and containing 115 acres of land, more or less. is amended by adopting a revised metes and bounds description, so that the property shall be subject to the revised property description. SECTION 11. 4 That a copy of this ordinance shall be attached to Ordinance No. 85-197, showing the amendment therein maae. i i F. ` f I i 1 I 41 I SECTION III. its That eis approval. shall become effective immediately upon passag and f PASSED AND APPROVED this the day of 1968. F I I ; I RAY STEPHENS- MAYOR j A E1 I ' I ' ATTEST: JENNIFER WALTERS~ CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY . ` BY: l I i I 1 I PAGE 2 I sl I k i k. it I i ORDINANCE NO. 85-197 i All that certain lot tract Or parcel of land lying and being situated in the County of Denton, State of Trxas, being part o te J. west Survey, Abstract No. 1331 and more particularly describedfashfollowsr BEGINNING at a point in the present city limits, said point lying in the north boundary line of said tract described in Ordinance No. 84- 25, said point also lying in the east boundary line of a tract of i land ccnveyed to Bill Lynch by deed recorded in Volume 607, page 526 of the Deed Records of Denton, Te%asl THENCE North along the east bo Volume 607, Page 526 of edar line of a tract described in the deed records to a paint in the north boundary line of the J. West Survey, Abstract No. . 1331; THENCE East along the north boundary ling of the J. West Survey, a distance of 3,500 feet to a point for corner; i i THENCE South a distance or 500 feet to a point for corner; ~ I THENCE West a distance of 3,000 feet to a'point for corner; THENCE South to a point for corner in the present city limits; THENCE West along the said present and contaird ng 11.5 acres ofland lmorelor3lessto the PLACE OF 12-18-86 0007 y 1 i !J i 1 f R 1 r 1 i is { 4 Z~l f i i PH fill 11 DATE: February 2, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i SUBJECT: BID# 9657 WATER TREATMENT UPGRADE PHASE If CHANGE ORDERS 09, 10, 11 RECOl7iEHQATI011: We recommend these change orders be approved to the above t contract to Tonto Construction, Inc. as shown on the attached pages. The change orders t total $21,365.89. SUITIARY: This is Change Order 09 - $4,238.19, Change Order #10 - $1,857.44 i an ange Order Olt - $15,474.82. These change orders in addition to the change orders f through 8 make a total of $89,402.26. They also add a total of thirty-five work days for a new completion date of July 18, 1988. k 1. I BACKGROUND: ! Copy of Revised Purchase Order !181945 for change orders for this rMul ea and back-up information from the Utilities Department. PROGRAMS, DEPARTICATS OR GROUPS AFFECTED: Utilities Department and completion of contract for upgrade as shown above. FISCAL 111PACT: There is no additional impact on the General Fun d. i " Respectf lly submitted: U Llo Y. Harrell City !Manager Prepared by: bme;. John J. Marshall, C.P.M. Title: Purchasing Agent Approved: /dame: " "John J. Marshall, C.P.M. ,~T1t1@; Purchasing Agent 0923L NO. jf AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TONTO CONSTRUCTION, INC. FOR A INCREASE IN THE CONTRACT PRICE= AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 17, 1987 , the City awarded a contract f,)r the construction o certain improvements to the City's Water Treatment Plant Project; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract and said change order being in compliance with the requirements of art. 2368a, V.A.C.S.p NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order increases the amount of the k contract between the City and 1iNRO C1C7VSTRl.1rTiCN0 INC. r f" { in the amount of Tvmnty one thousand five hundred sixty five dollars and I ei ht -nine cents. , a copy o~which ~s attached q hereto, IS hereby approve 7. r SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 day of February , 1988. f E " i t a f' RAY STEPHENS, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i E BY: s+ CITY OF DENTON, TEXAS 901-8 TEXAS STREET PURCHASE ORDER DENTON. TX 76201 P.O, NUMBER DATEIVENDOR NO. DOCUMENT TYP 81945 12/02/87 S06 S ' 70N49000 VENDOR SHIPTO: rr TONTO CONSTRUCTION CITY OF DENTON* i 2417 We PARK ROY.SUITE 200 MATER PRODUCTION ARLINGTONeTX 76013 1701-8 SPENCER ROAD DENTON9 TX 76205 A rf A,nTC TuT din Cislcc nnmrn C--nEnscnrS D n • ninAn cKt~T nt n7 nn ITEM ACCOUNTNUMBEA UNITS NUMBER DESCRIPTION BIDNO. LINEAMOUN Ol 623 008 0460 9101. 1 CHANGE ORDER 86 COSTIC TANK 299802.14 02 623 GOB 0460 9101 REPLACEMENT t ~ 'J3 623 OOH 0460 910E CHANGE ORDER AS 1.253.85 04 623 GOB 0460.9101 CHANGE ORDER /7 39204.2F' 05 623 008 0460.910 1 CHANGE ORDEROS 86520615 t 06 623 008 0460 9101 1 CHANGE ORDER A 9 4.238.19 s 07 623 COS 0460 9101 1 CHANGE ORDER a 10 1.857.44 08 623 008 0460 9101 1 CHANGE ORDER 0 11 159470026 t i j t i i • l i The City of Conlon, Texas Is tax exempt-House 8111 No. 20, i07•- en ftra. ae_asw_~u Reference P.O. Number on all BIL, Shipments and Invoices, Shipments we F. 0.8. City of Denton, or so lndlcated. By Send Invoices TO: Oireot Inquiries TO: City of Denton, Accounts Psy0ls John J. Marshall, C. P. M, Purchaling Agent 216 E. McKinney St., Denton, TX 76201 Tom D. Shaw, 0. P. M. Aset. Purahseing Agent (or to Indlcated on Purohese C(der) 6171666-6311 DIFW MOM 261.0042 1 he City of Denton Is an equal opportunity employer y r . f; February 2, 1988 CITY COUNCIL AGENDA I'fFM I TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER CHANGE ORDEPS 091 0100 AND 011, DENTON WATER TREATMENT PLANT UPGPADE - PHASE ii, IN THE AMOUNT OF $21,566.45. RECOMMENDATION: The Public Utilities Board, at their meeting of January 139 1988, recommended to the City Council approval of Change orders 09, 010, and 011 in the amount of $21,566.45. I( BACKGROUND: J Change Order 09 is to modify the bathrooo fixtures in the i Operations Building addition and also to revisr ammonia pipinp 1 to provide larger 1" diameter ammonia feed riping throughout the plant and to provide ammonia gas valves to allow selection of feed points at the ammonlators, Change Order 010 is to modify the foundation of the Operations Building so as to avoid conflicts with the power conduit and to install a 40 amp, 3 phase breaker in the power panel "PA" and to make necessary connections to secure power to the Air Cooled Condensing Unit. Change order 011 is to furnish and install a 3" plavanized wasbdown line at the settling basins and replacement anchor bolts for the sluice gates. i SUMMARY: The City Council awarded the contract to Tonto Construction, Inc. on February 17, 1987, in the amount of $3,592,000. With the previous change orders of $67,83S.81 and these change orders for $21,566.45, we now have a revised contract amount of $3,681,402.26, and a new completion date of July 18, 1988. Overall percent of change order is 2.49%. PROGP MTS, DEPARTMENTS, OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Freese 6 Nichols, Inc., Tonto Construction, Inc., and the Citizens. a N t Page 2 FISCAL IMPACT: Budgeted Amount $40000,000.00 Original Contract Ar+ount 30592,000,40 Change Orders Prior to this Pate 67 835.81 Current Contract Amount $i Change order 19 4,238.19 { Change order 110 1,857,44 `t Change order 111 15 470,82 Revised Contract Arount Total Amount of Change orders $go,g02.2F i to this Date ; Change Orders as a Percent of the 2.49% ; I Original Contract Amount i ~i original Completion .'at(': June 13, 1988 y' Change in Time rue to Previous Ch.inge orders: 22 nays Change in Time Due to Change Orders 19, I10, and 111: 13 days r Revised Completion Date: Jul} 18, 1988 P.espe ully subr+itted, 0y arre , anager Prepared b I s E Ne son Executive Director R. , 4 Department of Utilities 1 Approved by, t e son, Execut ve D rector Department of Utilities Oil Exhibit 1 Change 13~, 1988 II { 5274U:1-2 1 WE OR EXTRA WORK ORDER PROJECT: Denton Water Treatment plant upgrade - Phase 2 CONTRACT: No. 9657 } OWNER: City of Denton, Texas CONTRACTOR: Tonto Construction Co. CHANGE ORDER NO.: Nine (9) DATE: November 24, 1987 CHANGE OR EXTRA WORK TO BE PERFORMED I 1. Modify color selection of bathroom fixtures in the operations building addition. Amount to be added $1,018.32 2. Revise ammonia pis ~'ng to provide 1 inch diameter ammonia feed piping throughout theiplant and provide ammonia slam valves to allow selection of feed poiddts at the ammoniators. r Amount to be added $ 3,219.87 y Days to be added 3 The compensation agreed upon in this chance or Extra Mork order is a full, complete and final payment for all costs the Contractor may incur L as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, inciudine without "fir s1;, limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on chanced or unchanged work as a result of ' this Chance or Extra Work order. f' r Previous Contract Amount S 3,659,835.81 Net increase in contract Amount 4,238.19 Revised Contract Amount $ 3,664,074.00 Net Change in Contract Time of Completion 3 days Revised contract time of completion July S, 1988 Recommended by Approved by FREESE ANQ NICHOLS* INC. TONTO CONSTRUCTION, INC. EY 12-A&S2 By Date Data Approved by CITY OF DENTON BY Date 1 C ca~cg oR ~u xaR~ a~~ E f f PROJECT: Denton hater Treatment Plant Upgrade - Phase 2 ~ CONTRACT: No. 9657 ~ OWNER: City of Denton, Texas E CONTRACTOR: { Tonto Construction Co. CHARGE ORDER NO,: Ten 110) DATE: December 24, 19b7 CHANGB OR BXTRA WORK TO 8E PBRFORMBD j E 1. +7odify foundation of operations Bu~~dinq to avoid conflicts with power conduit as shown on attached drawings. E Amount to be added S1,370,41 2. Install 40 amp 3 phase breaker in power panel "PA" and mak© ' necessary connections to secure power to Air Cooled Condensing Un1t AC/4, t Amount to be added S 4b7,03 ~x.~ r ' The compensation agreed upon in this Change or Extra Work Order is a ` full, complete end fine! payment for all costs the Contractor may incur t { ' as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without ~ limitation, any cost for dela cost, or any other affect on c,5angednordunchanged~workpas arresulttof this Change or Extra work order. , ~ ~ ~ R E ~ ' d t. .i 4 , Previous Coatract Amount Net Increase in Contract Amount S 3,664,074.00 Revised Contract Amount 1,857,44 Net ChaaQe is Contract Time of Completion S 3,bb5,931.44 { Revised Coatract time of completion No Change July 8, 1988 Recommended by FREESE AND NIC}[OLS, INC. Approved by TONTO~ NSTRUCTI INC. By _ ~ / 15~!) 8y '4~ / ~ Date Bata Approved by CITY OF DENTON B y Date i~ ,i i 1 F N t CHANGE OR EXTRA WORK ORDER PROJECT: Denton Water Treatment Plant Upgrade - Phase 2 CONTRACT: No. 9657 { OWNER: City of Denton, Texas CONTRACTOR: Tonto Construction Co. j f CHANGE ORDER NO.: Eleven (11{ DATE: December 31, 1967 CHANGE OR EXTRA WORK TO BE PERFORMED i 1. Furnish and install 3 inch galvanized washdown line at settlino basins in accordance with attached drawings. M l Amount to be added S 12,023.82 2. Furnish and install replacement anchor bolts for sluice gates as required and authorized by the Enqineer. Bolts are to be furnished and installed complete at the followinq unit prices: 5/8 inch dia. S.S. Expansion Bolt $ 18.35 3/4 inch dia. S.S. Expansion Bolt S 22.54 5/8 inch dia. S.S. Epoxy Set Bolt $ 57.45 3/4 inch dia. S.S. Epoxy Set Bolt S 65.90 Total amount authorized for this for this item shall be ba_•ed on 60 5/8 inch dia. S.S. epoxy set bolts at $ 57.45 each. A change order will be issued for a credit for unused bolts. Amount to be added S 3,447.00 Days to be added 10 The compensation acreed upon in this Chance or Extra Work order is a full, complete and final payment for all costs the Contractor may incur as a result of or relatinc to this chance whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changred or unchanged work as a result of this chance or Extra kork order. ( Previous Contract Amount S 3,664,074.00 Net Increase in Contract Amount 15,470.b2 Revised Contract Amount S 3,679,544.82 Net Change in Contract Time of Completion 30 days Revised contract time of completion duly 18, 1988 Recommended by Approved by FREESE AND NICHOLS, INC. TONTO CONSTRUCTIO INC. ee~ o7 By ~s~si~d7 By r~+_. ;'ccL~ i - Date ate Approved by CITY C:' DENTON By Date { 3 i r YubLIC UTILITILb buAhD E kCE hl''r K NUTES JANUARY 131 1988 DENTON WATER TREATMENT 6. CONSIDER CHANGE ORDERS #9 #10 and #ll, PLANT UPGRADE-PHA;iE II, IN THE AMOUNT OF 21,5 .45. f Dave Ham introduced this item explaining that the city Council awarded the contract to Tonto Construction, Inc. on February 17, 1987, in th3 amount of $3,592,000. With the previous change orders of $67,835.81 and these change orders for $21,566.45, we now have a revised contract amount of $3,681,402.26, and a new completion date of July 18, 1988. t Overall percent of change order is 2.49%. ! The subject change order requests are as follows: 1. Change Order #9 is to modify the bathroom fixtures in the 1 Operations Building addition and also to revise ammonia piping 1 to provide larger 1" diameter ammonia feed piping throughout the plant and to provide ammonia gas valveE to allow selection of feed points at the ammoniators. F 2. Change Order #10 is to modify the foundation of the t Operations Building so as to avoid conflicts with the power conduit and to install a 40 amp, 3 phase breaker in the power f panel "'YA" and to make necessary connecticne to secure power to the Air Cooled Condensing Unit. lavanized 3, Chan Re order #11 is to furnish and install a 3° g wsahdowi line at the settling basins and replacement anchor bolts for the sluice gates. Budgeted Amount $4,000,00.00 Original Contract Amount 3,592,000.00 Change Orders Prior 67,835.81 to this Date Current Contract Amount $3659,835.81 Change order #9 4,238'19 Change Order #10 1,657.44 Change Order #11 15 470.82 Revised Contract Amount $3, 81,402.2 Total Amount of Change Orders to this Date $890402.26 Change Orders as a Percent of the Original Contract Amount 2.49% Original Completion Pater June 130 1988 Change in Tice Due to Previous Change Ordersi 22 days Change in Time Due to Change Orders #9, #100 and #llt 13 days Revised Completion Datei July 18, 1988 LaForte made a motion to recommend to tFe City Council approval carriedmpletion of subject . Second change by Chew. All ayes, no nays, motion roject date J f V S &444 1.4 J 1 j i i I ~ t k n i 2 } l i k I h N r CITY OI VENTO.N, TEXAS 215 E. WKINNEY I DENTON, TEXAS 76201 / TELEPHONE (817) W"200 MEMORANDUM I ' DATE: September 9, 1987 TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION FROM: Paul Iwuchukwu, Traffic Engineer SUBJECT: School Zone n ~Staff recommends that McNair Elementary School be zoned as follows: On Hickory Creek Road Two 10-foot crosswalks at the Montecito Drive intersection; Two pedestrian crossing signs (for eastbound and westbound) at r the crosswalks; " Two advance crossing signs 200 ft from crosswalks {both directions); i Two 10 mph speed limit signs at property corners eastbound, westbound; Two 30 mph speed limit signs at end of school zone eastbound, westbound. r Paul wuc u wu 0494E 1 i mi i' 11 1' - `1 1 i 1 ,i. 4 k MGWAJ;L ZLEMEENTAR`/ SCHOOL y SCHOOL MONA h - - _ _ I , ~f f S j K zoo d D - Mr LFGaND N 4 zo mpk 6peed b I L A G+oSSwnik Sign Advonce CroS9wnik 8i3n O 30mp}~ a,pepl# LimiE ~ C~065w.~1k I ~ V page 10 of 12 pages 1 Two 30 mph speed limit signs at end of school zone northbound, southbound. On Grant Parkway - One 15 foot crosswalk at the Farris Road intersection; j One 15 foot crosswalk on the south side of driveway No. 4; i Two pedestrian crossing signs, one each at the Farris Road intersection and driveway No. 4; i One advance crossing sign 200 ft south of driveway No. 4; One 20 mph speed limit sign just south of driveway No. 4; One 30 mph speed limit sign for southbound dust south of driveway No. 4. Paul asked if any commissioner had any comments. +r Gene Gohlke asked why this had not been presented r earlier since school opened in September, Jerry Clark said the roads at Hodge Elementary were ? ? complete but a formal request had not been received from OISD. The cancellation of the September meeting had added to the delay. rA Jerry said the County had posted some warning signs. John Tompkins made a motion to approve the zoning as indicated and recommended that the signs be placed f immediately. If City Council does not approve them, they can be taken down. Gene Gohlke seconded the ' motion, Motion passed unanimously. ITEM #11 SCHOOL ZONE FOR MCNAIR ELEMENTARY SCHOOL: ' Paul Iwuchukwu presented the request. He asked the k r commissioners to review the zoning and make changes or recommendations if needed. ` McNair Elementary School is zoned as follows: ` On Hickory Creek Road- Two 10-foot crosswalks at the Montecito Orive intersection; 1 i i C 9 page 11 of 12 pages T "r Two pedestrian crossing signs (for eastbound and westbound) at the crosswalks; } ' Two advance crossing signs 200 ft from crosswalks (both di►rections); Two 20 mph speed limit signs at property corners eastbound, westbound; Two 30 mph speed limit signs at end of school zone eastbound, westbound. John Tompkins made a motion to approve the zoning as indicated and recommended that the signs be placed immediately. If City Council does not approve them, } they can be taken down. Gene Gohlke seconded the motion. Motion passed unanimously. i ITEM 012 TEXAS INSTRUMENTS ACCESS: Jerry Clark presented a map and study from OeShazo, Starek, and Tang on the accesses for Texas Instruments. Jerry said he would have presented them earlier but had only received them 3 weeks ago. Jerry asked the commissioners to review the study and make a recommendation. John Tompkins made a motion to accept the study as presented. Doug Chadwick seconded the motion. i Motion passed unanimously. ITEM 013 GENERAL BUSINESS: Gene Gohlke asked staff to check the speed limit signs on Teasley south of i-35. Once you are past Southridge Street, you travel one block and the speed increases drastically. John Tompkins asked if a study could be done to prevent a right turn on red from Hickory onto Bell by Foster's building due to sight distance obstruction. John Tompkins asked staff to check the bicycle lane on Stuart Street. It is poorly marked and trees, bushes, etc., have blocked the signs. f Paul Iwuchukwu asked the commissioners to assist staff to explore the feasibility of extending "One-Kay" on Hickory Street and Oak Street up to Austin Street. j Jerry Clark said staff was working toward making a smooth operation without any confusion of lane movement around the square. .i i i IIlIIIi 1 2069L 1 I NO. I AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON HICKORY CREEK ROAil FROM IT5 INTERSECTION WITH MONTECITO DRIVE AND CONTINUING FOR A DISTANCE OF 790 FEET; AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON MONTECITO DRIVE FROM ITS INTER- SECTION WITH HICKORY CREEK ROAD AND CONTINUING A DISTANCE OF 775 FEET; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FRO14 THIRTY (30) TO TWENTY (20) MILES. PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS (500.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: M i SECTION I. Based upon an engineering and traffic investiga- tion eretoEore 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 highways, or parts thereof during the herein- after designated hours. The location of said school zones and the hours during which said speed zones shall be in effect are as follows to-wit: Location Extent Hours in Effect A. Hickory Beginning at its intersection 7:30 a.m.- Creek Road with Montecito Drive and con- 2:30 :30 a.m. tinuing west for a distance p•m•-3 30 p.m. of 790.0 feet. B. Montecito Beginning at its intersection 7:30 a.m.-8:30 a.m. Drive with Hickory Creek Road and 2:30 p.m,-3:30 p.m, continuing to a point 775,0 feet -south of its intersection with Hickory Creek Road. SECTION Ii. An individual adjudged guilty of exceeding this epee m t, when signs are erected giving notice thereof, shall be guilty of a misdemeanor, and punished by a fine not to exceed Five Hundred Dollars ($500.00). SECTION III, That if any section, subsection, paragraph, sentence,`crause, 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 I ! s I N c validity of the remaining portions of this urdinancer and the City enatd the City of Dentone g potions Texas, any such invalidity. have council SECTION IV. That this ordinance shall becom= 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-Chronicler the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1988, i I RAY STEPHENSr MAYOR i Y ATTEST: JENNIFER WALTERSr CITY SECRETARY i t APPROVED AS TO LEGAL FORM: DEBRA ADA41 DRAYOVITCHr CITY ATTORNEY BY: k i ! i i I PAGE TWO i J F E r ~ r i; 3 A I i { ~ I e { I i H 14+1 4 I N CITYo/DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.1200 MEkORANDUM DATE: September 9, 1987 I TO: CITIZENS TRAFFIC SAFETY SUPPORT CUhNISSION I FROM: Paul Iwuchukwu, Traffic Engineer SUBJECT: School Zoning ` Staff recommends that the new Hodges Elementary School be zoned as follows: r. i On Farris Road - Two 10-foot crosswalks at the Greenfield Parkway intersection; Two pedestrian crossing signs (for northbound and southbound) at the crosswalks; Two advance crossing signs 200 ft, from crosswalks (both directions); Tw'0 20 mph speed limit signs at property corners northbound, southbound; Two 30 mph speed limit signs at end of school zone northbound, southbound. s On Greenfield Parkway - One 15 foot crosswalk on the east side of driveway No. I; One 1S foot crosswalk on the south side of driveway No. 4; i Two pedestrian crossing signs, one oath at driveways No. 1 and No. 4; One advance crossing sign 200 ft south of driveway No. 4; One 20 mph speed limit sign just south of driveway No. 4; One 3U mph speed limit sign for southbound just south of driveway No, 4. f au wuc u wu 0494h ar t w R' y I N i I ;y MOOSE ~ E~BMdN1 ARY SGU92 ' . SGN~OL ZONE i 1 llj~ h 1 _ 11 . L_¢GCND a P 2.0 mP;~ Spae-J emit G.esswalk sign Advances c,osswuLk sijn 3o mpk speed ' w' MOM ~ Cno55walk ~ ,I III i . . -A•w 1 I i V t r I ~ n. I K page 9 of 12 pages 4 Ms. Davis said she was in favor of parking on the east € side of the street. There is a residence on the east aide that has a single driveway. They are unable to ' pa;k both vehicles in their drive and need the availability of parking ±n the street. Other residences need parking for family members etc. Parking on the south side might cause traffic to slow down in the curve. As. Davis said the west siua has a sidewalk whicli has been doubled in width for children walking to school ` The west side should be designated no parking next to the sidewalk for safety. This would allow good sight distance as well ` Jerry Clark said he had no problem with Ms. Davis' request. The west side would be the better side to designate as no parking. j Doug Chadwick asked if a school crosswalk was necessary at North Mistywood and Glenwood. The citizens didn't feel it wa; necessary. Jerry Clark said one had not be planned. Virginia Gallian made a motion to (1) place All-Way stop signs at north Mistywood and Glenwood intersection and (2) to post the west side of Glenwood from Mistywood west to Mistywood east as no parking. Gene Gohlke seconded the motion. Motion passed unanimously. ITEM 010 SCHOOL BUS ZONE FOR HODGE ELEMENTARY SCHOOL: Paul Iwuchukwu presented the following sign designations to the comm'ssion for approval Hodge Elementary School is zoned as foilowz: On Farris Road - One 10-foot crosswalk at the Silver Dome Road Intersection; Two pedestrian crossing signs (for northbound and southbound) at the crosswalks; TNo advance crossin; signs 200 ft. from crosswalks (both directions); f Two 20 mph speed limit signs at property corners f northbound, southbound; 1 I L k" page 10 of 12 pages Two 30 mph speed limit signs at end of school zone northbound, mouthbound- On Grant Parkway - PI One 15 foot crosswalk at the Farris Road intersections One 15 foot crosswalk on the south side of driveway No. 4s Two pedestrian crossing signs, one each at the Farris 1 Road intersection and driveway No. 4; One advance crossing sign 200 ft south of driveway No. 4; One 20 mph speed limit sign dust south of driveway No. 4; 1 One 30 mph speed limit sign for southbound just south of driveway No. 4. Paul asked if any commissioner had any comments. Gene Gohlke asked why this had not been presented earlier since school opened in September. Jerry Clark said the roads at Hodge Elementary were complete but a formal request had not been received from OISD. The cancellation of the Septembe., meeting had added to the delay. Jerry said the County had posted some warning signs. John Tompkins made a motion to approve the zoning as indicated and recommended that the signs be placed immediately. If City Council does not approve them, they can be taken down. Gene Gohlke seconded the motion. Motion passed unanimously. ITEM 111 SCHOOL ZONE FOR MCNAIR EI.CMENTARY SCHOOLS Paul Iwuchukwu presented the request. He asked the commissioners to review the zoning and make changes or recommendations if needed. McNair Elementary School is zoned as follows: On Hickory Creek Road- Two 10-foot crosswalks at the Montecito Drive intersection; I F.? PASS 3 of 6 poses Removing truck tratfic from this section of North 3 Loa:st nov may not have any immediate adverse impact tragfitt because the volume of truck traffic in ' 1`st. aria is not that significant. deer isvlediato alternative is diverting Btruck ntrafflc sice the i on Locust to Elm by way of FM 2104 and Sherman Drive, i we are looking at a major traffic problem in the very near future. The Texas Instrument plant will be operational by summer of next year and Lake Ray Roberts will be in full swing within the next couple of years. These are both heavy traffic generators, Another consideration Is that even though the portion of North him between bherman Drive and NM 2164 is Zoned I'Mixed Useit still has more residential flavor to it than anything else. The issue then is whether it is fair to completely deny them j residential tranquility while preserving that of another neighborhood. When the Loop 288 extension n project has reached 13S, it will take some pressure oft subject area, dut, that may take a while since the second section will not bid until late 1988. Nost empty trucK•traller comoinaclons weigh less tnJn 1L,uuu pounds, )et trley constitute the same; uuisdnc' as J cull) lca~lu,l truck. 4111 Itlnlting the redo t~ 1:,000 pound9 Jctuall) b,ltir the problem., JtJtt ILJ1 111) r~~n...rL~JtIUII 7h r+,tb Ieyl,eit bUt tccrL titrongI) t.IJt LUCUit CJIt h Ut I;C JO J II it UIICU Jb nur tll-svu tit JI tt r Idl, Illdt rA- JGS 114 e tU to rf I.IJ require ttucns to use Locust, ITEM kb SCHUUL ZUNI: AUK HULUt;S El,U+t\'IAKI SLHUUL: hodges Elementary bchool is zoned as follows: on Farris Koaa Iwo 10-foot crosswalks at the GrxAt~lT intersection; Parkway Iwo pedestrian crossing signs (for northbound atta southbound) at the crosswalks; Two advance crossing signs 2UU ft, from crosswalks ( Uotn directions); Two 20 mpn speed limit signs at property corners northbound, southbound; Two 30 mpn speed limit signs at end of school zone northbound, southbound. 4 i1 i 4 I page 4 of g pages ~ GRAM T On WmmwA4*-W Parkway - One IS foot crosswalk on the east side of driveway 40 1, Oue 15 foot crosswalk on the south side of driveway No. 4; Two pedestrian crossing signs, one each at driveways II No. 1 and No. 4; One advance crossing sign 200 ft south of driveway No. 4; One 20 mph speed limit sign just south of driveway • No. 4, One 30 mph speed limit sign for southbound just south of driveway No, 4. ITEM 11 SCHOOL 2UNL FOR MI,NAlk ELL4hNTAxY SCHOOL: p McNair hlementary School is toned as follows: 7 (in Hickory LreeK koad - ll..0 1L-tuut .tc>>,.altis at the k1UntecitU LrL~: tnterse~tln,; !wo ;e„c~tit.u .rtiii : stg+in ,tot easticiirti { westUu1JfL6 it t;,e :VUS].a1K~0 t 1%0 aklYafl1. V Crussin~J Signs :uu tt true, Crosii.JIK~ p•; iootn airectIonsli Two cu mpn speed limit signs at property corners eastbound, westbound; Iwo 3U n,ph speeu limit signs at end of school zone eastbound, westbouna. l ITEM 08 CLNERAL BUS1NhSS: a. the role of lratfic Safety Commissions to other cities. the following cities were contacted to find out the functions, powers and authority of their Traffic bafety Conmission: Arlington Does not have a lraftlc Safety r Comm star i i 1- f 5 1999.. I NO. i AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON FARRIS ROAD FROM ITS INTERSECTION WITH SILVER DOME ROAD TO ITS INTERSECTION WITH GRANT PARKWAY AND 011 GRANT PARKWAY FROM ITS INTERSECTION WITH FARRIS ROAD TO A POINT SOUTH OF THE FIFTH DRIVE FOR APPROXIMATELY 11150 FEET: REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURSt PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); 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 investiga- tion heretofore 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 highways, or parts thereof during the herein- after designated hours. The location of said school zones and the hours during which said speed zones shall be in effect are as follows to-Witt Location Extent Hours in Effect A. Farris Beginning at its intersection 7:30 a.m.-8:30 a.m. Road with Silver Dome Road and 2:30 p.m.-3:30 p.m. ending at its intersection with Grant Parkway. B. Grant Beginning at its intersection 7:30 a.m.-8:30 a.m. Parkway with Farris Road and ending 2:30 p.m,-3:30 p.m. at a point south of the fifth driveway on the south and east side of Grant Parkway for a total distance of 1,150 feet. 1 SECTION 11. An individual adjudged guilty of exceeding this epee m t, when signs are erected giving notice thereof, shall be guilty of a misdemeanor, and punished by a fine not to exceed Five Hundred Dollars ($500.00). SECTION 111. That if any section, subsection, paragraph, sentencese, 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 i 4 y' { validity of the remaining portions of this ordinanci, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalicity, SECTION IV. That this ordinance shall become effective fourteen 97-days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of , 1988, 1 ` RAY STEPHENS, MAYOR h~ I f ATTEST: { f JENNIFER WALTERS, CITY SECRETARY a APPROVED AS TO LEGAL FORM: I t DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I ,r I i k PAGE TWO M 1' i 4 r, y 5" ,s ` ts: r i 1 r I } t f f LLLI. LLLJF t i y e i i jj= I I i t r .S !i; DATEt January 26, 119988 CITY COUNCIL REPORT FORMAT , 3 TOt Mayor and Members of the City Council , I FROMt Lloyd V. Harrell, City Manager SUBJECTi Adoption of an Ordinance approving an Interlocal Agreement between the City of Denton and the Town of Little Elm for the holding and disposition of animals at the City of Denton Animal Control Center, RECOMMENDATIONr The Staff recommends approval of the Ordinance. SUMMARY1 This agreement provides for the holding and disposition of animals impounded and brought to the Animal Control Center by residents of the Town of Little Elm. In additi,)n, the agreement provides a current fee schedule for such . services end places tte financial obligation for the fees on unclaimed animals on the Town of Little Elm. BACKGROUNDt E f The City entered into its first such agreement with the Town of Little Elm in :z 1 January, 1981. This agreement is an updated version of the original agree- j meet, F i PROGRAM9t DEPARTMENTS OR GROUPS AFSECTEDt Town of Little Elm City of Denton Animal Control Division t t FISCAL IMPACTt a We would expect a slight increase in the division's annual revenues as a result of the new agreement. j Respect ly submitte , Lloyd Harrell City Manager Prepared byr( B elo y Director of Community Services Approved by 1 Bil f~f Direct-.; of Community Services I lba01268806/1 R~ ~ nx Y ' t 2102L I i NO, AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF LITTLE ELM FOR THE IMPOUNDMENT AND y DISPOSITION OF DOGS AND CATS= AND DECLARING AN EFFECTIVE DATE. {r THE COUNCIL OF THE CITY OF DENTON HEREBY OkDAINS: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the Town of Little Elm for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. r y c PASSED AND APPROVED thin the day of 1 1988. ` i " RAY STEPHENS~ MAYOR j ATTEST: 1 E t JENNIFER WALTERSO CITY SECRETARY ; APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHe CITY ATTORNEY f BYs i - 1 7 ; Zy V `r 2102L THE STATE OF TEXAS S INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON S i This Agreemeat is made and entered by and between the Town j of Little rlm, a municipal corporation of Denton County, Texas, I hereinafter referred to as "TOWN OF LITTLE ELM", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY". WHEREAS, TOWN OF LITTLE ELM is a municipal corporation, duly organized and operating under the laws of the State of Texas and CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas and CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of the Denton) and WHEREAS, CITY is the owner of certai•3 vehicles, facilities and equipment designed for the transporting, holding and dispo- sition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment) and WHEREAS, TOWN OF LITTLE ELM desires to obtain impoundment and disposition services for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of the TOWN OF LITTLE ELM, Texas) and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting partiesi and WHEREAS, TOWN OF LITTLE ELM and CITY mutually desire to be subject to the provisions of Tex. Rev, Civ. Stat. Art. 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto) NOW, THEREFORE, TOWN OF LITTLE ELM and CITY, for the mutual consideration hereinafter stated, agree as follows: I. A. COVENANTS OF THE CITY: 1. Holding of Dogs and Cats. The CITY agrees to accept and hold dogs and cats lawfully impounded by authorized repre- sentatives of TOWN OF LITTLE ELM and to accept and hold dogs and cats that have baen lawfully impounded and brought to and released to the center from authorized representatives of the TOWN OF LITTLE ELM under the following terms and condition: (a) Holding Ceriod for Dogs and Cats. Tne CITY agrees to hold such dogs and cats for a period of ninety-six 1 r 1 1 (96) hours from the time they are accepted by trio Animal Control Center, unless such animal is released to th) Center oy the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal s not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall E revert to the CITY and the animal will be held for I adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holding Fees for Im ounded Dogs. For the purposes of this Agreement, CITY will charge six Dollars ($6.00) per day holding fee for each day that an animal is held at the Center. This fee will oe assessed against the owner of the animal at the time the animal is reclaimed. No an~ma'_ will be released until all applicable fees are paid in full. (c) Holding of Quarantined Animals. CITY agrees to accept an ho rab suspects in quarantine for TOWN OF LITTLE ELM when conJitions permit, and such action is authorized by a representative of TOWN OF LITTLE ELM. (d) Holding Fees for Quarantined Animals. The holding fee for quarantine animals shall be Seven Dollars ($7.00) tier day for each day that the animal is held. (e) Head Shipments and Rabies Testing. Upon request of TOWN OF LITTLE ELM, CITY will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Thirty- five Dollars ($35.00) for each head shipped. B. COVENANTS OF TOWN OF LITTLE ELM: 1. Financial Re g.4 albilit in order to reimburse the CITY for is costa nrre under this Agreement, the TOWN OF LITTLE ELM agrees to pay for the holding fees and euthanasia fees on all doge and cats received from the TOWN OF LITTLE ELM or its authorized agent if the animal(s) is not reclaimed by its owner. These fees will be assessed on the following basisr (a) Euthanized Animal $6,0J per day holding fee for four (4) days for each animal $24.00 PAGE 2 i { J i E I $7.00 Euthanasia Fee $ 7,00 Total Fee $31.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head shipments $35.00 2. TOWN OF LITTLE ELM agrees payment shall be made within forty-five (45) days of receipt of invoice by the TOWN OF LITTLE { ELM. II. CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of CITY'S employees, and agents, CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said CITY. TOWN OF LITTLE ELM agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of TOWN OF LITTLE ELM'S employees, and agents, TOWN OF LITTLE ELM'S subcontractors, and/ or contract laborers doing work under an agreement or contract with TOWN OF LITTLE ELM in performance of this agreement with CITY. it is further agreed that if a claim for damages or liability shall arise from joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the state of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. I11. The fact that the TOWN OF LITTLE ELM and CITY accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsi- bility welfare fare and, therefore, makes cito imperative that the health and these vital services be recognized as a performance governmental function and that the doctrine of governmental immunity shall be, and it f[ is hereby invoked to the full extent possible under the law. Neither CITY nor TOWN OF LITTLE ELM waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claim3 arising from the exercise of governmental functions. PAGE 3 I I` 1 1 f 1 i I IV. The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1987 and ending September 300 1988. Thereafter, this Agreement shall be renewed for Succes- sive additional one (1) year terms commencing on October 1 of j each year if the TOWN OF LIrTLE ELM and CITY agree in writing on f it before the first day of October to a successive terir and the k amount of consideration to be paid hereunde► for each successive term] provided, howe,er, either party may terminate this f Agreement, upon thirty (30) days written notice to the other. V. This agreement represents the entire and integrated agreement between CITY and TOWN OF LITTLE ELM and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instru- ment signed by both CITY and TOWN OF LITTLE ELM. VI. i This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the state of Texas. Vtl. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid end in full force and effect to the extent possible, VIII. The undersigned officer and/or agents of the parties hereto are the properly authocixed officials and have the necessary authority to execute this agreement on behalf )f the parries hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals this the day of 1988. CITY OF DENTON I BY: RAY STEPAENS, MAYOR PAGE 4 w ' ATTEST: i j JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHo CITY ATTORNEY I BY: TOWN OF LITTLE ELM i # 1! y BY: MAYOR, TOWN OF LITTLE ELM 3 1 ATTEST: x MIN SECRETARY APPROVED AS TO LEGAL FORM: ATTORNEY FOR TOWN OF LITTLE ELM BY: 1, 1 I I PAGE 5 4 1 ti. 1 S($, c E I I`f I 1 e t i t P ,i i I yI 1 A s M~M I 2197L NO, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED SECURITY AGREEMENT BETWEEN THE CITY AND FLOW REGIONAL MEDICAL CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 8, 1987 the City Council, with the { adoption of Ordinance No. 87-229, authorized the Mayor to execute a Security Agreement between the City and Flow Regional Medical Center, Inc. to protect the City's interests in the transfer of its interest of Flow Memorial Hospital; and WHEREAS, Flow Regional Medical Center has requested that Article VI of the Security Agreement be amended to provide for a date reasonably certain for the discharge of the security interest; and E: WHEREAS, the City Council has agreed to such request and amendment; NOW, THEREFORE, I' :HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; r SECTION I. That the Mayor is hereby authorized to execute the en a and Restated Security Agreement between the City and Flow Regional Medical Center, a copy of which is attached hereto and incorporated by reference herein. SECTION It. That the City Secretary is hereby directed to affix a copy of this ordinance, with the executed Agreement attacheu, to the original Security Agreement dated January 15, 1988, inscribing on the original Agreement the fact that it has been amended and Vie effective date of such Amendment. SECTION III. That this ordinance shall become effective j imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1988. PLAY ST ENS, MAYOR v ATTEST: JENNIFER A , -RUM CTT APPROVED AS TO LEGAL FORM: ` DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I M I i AMENDED AND RESTATED SECURITY AGREEMENT THIS AMENDED AND RESTATED SECURITY AGREEMENT dated as of the 15th t day of January, 1988 (the "Security Agreement"), executed by FLOW REGIONAL MEDICAL CENTER, INC., a Texas nonprofit corporation (the k "Medical Center"), and the City of Denton, a municipal corporation located in the County of Denton, Texas (the "Secured Party"): ldiT~3E~SETB; E WHEREAS, that certain Security Agreement (the "Original Security Agreement") by and between the Medical Center and the Secured Party was l executed on January 15, 1988; 1 WHEREAS, the Medical Center and the Secured Party intend that this Security Agreement replace and supersede the Original Security Agree- 'i went in its entirety; I WHEREAS, a certain Compromise Settlement Agreement dated as of December 4, 1981 (the "Settlement Agreement"), has been duly executed by and among the Secured Party, the County of Denton, Texas, a politi- cal subdivision of the State of Texas (the "Coui.ty"), the Board of Directors of Flow Memorial Hospital, a political subdivision of the State of Texas created pursuant to Article 44941-1 of the Texas Civil Statutes (the "Board of Directors"), Jim Mattox, Attorney General of the State of Texas (the "Attorney General"), H. E. Flow Trust, a testa- k mentary trust (the "Trust"), Flow Memorial Foundation, a Texas nonpro- fit corporation, and the Medical Center; WHEREAS, a certain Asset Transfer Agreement dated as of Decenber 4, 1981 (the "Asset Transfer Agreement"), has been duly executed by and among the Medical Center, the County, the Board of Directors, the Trust, the Attorney General and the Secured Partyl WHEREAS, a certain Services Agreement dated of even date herewith (the "Services Agreement"), has been duly executed by and between the Medical Center and the Secured Party; and WHEREAS, the Secured Party desires to secure the Medical Center's performance of and compliance with certain Obligations (as hereinafter defined) and the Medical Center desires to provide such security. NOW, THEREFORE, the Medical Center, In consideration of the fore- going premises, and of the obligations, covenants and agreements here- inafter mentioned and the sum of Ten Dollars ($10.00) to it duly paid at or before the execution and delivery of these presents and for other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, in order to secure the Medical Center's performance of and compliance with the Obligations as hereinafter defined, does hereby grant, transfer, assign, pledge and convey to the I 1 i Secured Party and its successors and assigns, and grant the Secured Party and its successors and assigns a security interest in, all of its rights, titles and interests in and to the following described pro- party, rights, titles, interests and estates (herein collectively called the "Collateral"), to wit, all of the real property descriled on Exhibit A attached hereto And Incorporated herein by reference, which is situat- ed in Denton County, Texas, together with all buildings, f fixtures and improvements now or hereafter located on said land, and all rights, titles and interests of the Medical Center in and to all property abutting the above described land, and in and to all easements, streets and rights-of-way of every character adjoining the land above described, serving said land, affording ingress and agresa thereto, or public or private utility connections thereto, whether said easements, right-of-way and streets shall be public or private, and all appurtenances, hereditaments, servitudes, rights, ways, privileges, prescrirtions and advantages thereunto belonging or in anywise appertaining, and all strips and gores and any land lying in the bed of any street or road opened or proposed, in front of or adjoining said r land, and together with all equipment, inventory, fixtures and articles of personal property of every kind, type, nature, and description (including, but not limited to, all awnings, screens, shades, blinds, mirrors, rugs, carpets, drapes, furniture appliances, art objects, cabinets, coun- i tars, shelves, fittings, maintenance equipment, tools, landscaping and all plumbing, heating, air conditioning, lighting, all electrification and ventilating systems and all equipment and fixtures therefor; all laundry, refrigerating, cooking, incineration equipment, and all other machinery, equipment, fixtures and supplies, replacement parts and building materials, and all attachments and aeceasions thereto, which are. now owned or which are hereafter acquired by the Medical Center, and now or hereafter located in, on or upon or attached in any manner to the land described above or any improvements now or hereafter located thereon, and all proceeds thereof, the name of the property and all telephone listings, all agreements, guaranties or contracts entered into by Medical Center or its successors in connection with the operation or maintenance of said land or improvements thereon, and all building permits or approvals granted by any governmental authority pertaining to said operation or m cash, aintenance, and all proceeds of any such property Including inventoryr, iinstr ments, but not chattels papers, certlificates equipment, deposit, money, deposit accounts, accounts, general Intangi- bles and other property of every kind, type, nature and description which are acyaired with any such cash proceeds, to the full extent now allowed by the laws of the State of Texas, -2- t. TO HAVE AND TO HOLD the said Collateral, whether now owned or held j or hereafter acquired, unto the Secured Patty, its successors and assigns, forever. IN TRUST NEVERTHELESS, upon he terms herein set forth for the benefit of the Secured Party to secure the Medical Center's performance of and compliance with the Obligations, present and future. IT IS HEREBY COVBNANTBD, DECLARED AND AGREED that the liens and EE i~ interests created under this Security Agreement to secu.+ the Medical Center's performance of and compliance with the Obligations, both present and future, shall be first, prior and superior t, any lien, reservatior. of title or other interest heretofore, contemprraneously or subsequently suffered or granted by the Medical Cente,:, its legal representatives, successors or assigns, except only t'.ose (if any) expressly hereinafter referred to or described, and that the Collateral shall be held, dealt with and disposed of by the Secured Party, upon and subject to the terms, covenants, conditions, uses and agreements set forth in this Security Agreement as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. "Facilities" means and includes the assets, property, facilities and business of Flow Memorial Hospital which are located at 1310 Scripture Street, Denton County, Texas, and includes any modifications, substitutions for or additions thereto and therefor. "Obligations" means and includes: (a) The observance and performance of and compliance with all of the obligations, covenants and conditions ex- pressed or implied in the Asset Transfer Agreement, the Settlement Agreement, the Services Agreement and the Security Agreement (collectively, the "Agreements"); (b) The repayment upon an Event of Default (as hereinafter defined) of any and all sums, together with interest (if any) accruing thereon, which may hereinafter be advanced by or on behalf of the Secured Party or the County to or for the benefit of the Medical Center pursuant to the terms and conditions of the Agreements or otherwise; and (c) The payment of any and all sums from time to time owing by the Medical Center under the Settlement Agreement, "Permitted Encumbrances" means and includes: (a) Mechanic's, materialmen's, workmen's, vendor's or other undetermined liens and charges incident to construction .3. t, 4 f or maintenance provided that the same shall be dis- charged in the ordinary course of business or the amount or validity of the same shall be duly and diligently contested in good faith with any pending execution thereof appropriately stayed; (b) The lien of taxes and assessments which are not delin- quent, (c) The lien of taxes and assessments which are delinquent but the amount or validity of which Is being duly and diligently contested in good faith and with respect to which the Medical Center shell have set aside adequate reserves; i 1 (d) The lien of this Security Agreement; and 1 ~ (e) The lien, if any, created by any of the documents per- twining to the issuance, security and repayment of the I $290,000 Denton County-City of Denton, Texas Hospital Board Revenue Bonds, Series 1975 and $280,000 Denton County-City of Denton, Texas, Hospital Board Revenue Bonds, Series 1975-A. Section 1.02. Interpretations. The article and section headings of this Security Agreement are for reference purposes only and shall not affect its interpretation in any respect, 1 ARTICLE II GENERAL COVENANTS AND PROVISIONS Section 2.01. Performance of Covenants, The Medical Center covenants that it will faithfully perform at all times all covenants, undertakings, stipulations and provisions contained in the Agreements. i Section 2.02. Instruments of Further Assurancet Recording. Ilia Medical Center covenants that it will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, such supplements hereto and such further acts, instruments and trans- fera as the Secured Party may require for the better assigning, pledg- ing and aonfirmi.,d unto the becured Party of, or granting a security interest in, the Collateral pledged and assigned hereunder, Section 2,00. Warranty of Title. The Medical Center hereby binds itself, its successors and assigns, to warrant and defend all and singular, title to the Collateral unto the Secured Party, its succes- sors and assigns, against every person whomsoever lawfully claiming or to claim the same or any pert thereof by, through or under the Medical Center, but not otherwise, subject to the Security Interest created hereby and the Permitted Encumbrances, Obligor further warrants and represents that Obligor has not heretofore signed any financing state- -4- i I' ment directly or indirectly affecting the Collateral or any part there- of, and no such financing statement signed by Obligor is now on file in any public office except only those statements (if any) relating to the Permitted Encumbrances. r Section 2.04. General. For the purpose of better securing per- formance of the Obligations, the Medical Center expressly covenants and agrees with the Secured Party that; I i A. No lien, security interest, right or remedy in favor of the Secured Party granted in or secured by this Security Agreement shall be considered as exclusive, but all liens, security interests, rights and remedies under this Security Agreement shall be cumulative of each other, and of all others which the Secured Party may now or hereafter have as security for and in respect of the Medical Center's performance of and compliance with the Obligations and all parts thereof; B. The Medical Center will, to the extent obligated to do so under Section 2.03 hereof, proceed with reasonable diligence to correct any defect in title to the Collateral should any such defect be found to exist after the execution and delivery of this Security Agreement and in this connection, should it be found after the execution and delivery of this Security Agreement that there exists with respect to any of the Collateral any lien or encumbrance equal or superior in rank or priority to the lien and security interests created under this Security Agreement (other then liens or encumbrances included In the Permitted Encumbrances), or should any such lien or encumbrance hereaf- ter arias, then the Medical Center will promptly discharge and remove any such lien or encumbrance from the Collateral so affected; ! C. Upon request of the Secured Party, the Medical Center will promptly correct any defect, which may be discovered after the execu- tion and delivery of this Security Agreement, in the Agreements or in any other writings secured hereby or executed In connection herewith, in the execution or acknowledgement hereof or thareof, or in the description of the ,Collateral, and will execute, acknowledge and deliv- er such further assurances and documents as in the opinion of the Secured Party shall be necessary, proper or appropriate to (i) convey and assign to the Secured Party all the Collateral herein conveyed or assigned, or intended so to be, or (ii) properly evidence or give notice of the Obligations or of each lien and security interest secur- Ing the Medical Center's performance of and compliance with the Obliga- tions; D. The Medical Center will, at the Medical Center's own cost and ` expense, pay and discharge all taxes, assessments, maintenance charges and other Impositions of every kind and character charged, levied, assessed or imposed against the Collateral, or any portion thereof, as the same become payable, and before they become delinquent, and upon request of the Secured Party, shall furnish due proof of such payment to the Security Party promptly after payment; provided that nothing .g. I I i herein contained shall prohibit the Medical Center from duly and dili- gently contesting in good faith any such impositions; E. The Medical Center will keep and maintain the Collateral in a good state of repair and condition, and will not tear down, damage or j attempt to remove any of the Collateral, or permit the same to be torn down or removed, without the prior written consent of the Secured ~kk Party; i F. The Medical Center will promptly pay all bills for labor and materials incurred in connection with the Collateral and shall never permit to be fixed against the Collateral, or arjr part thereof, any lien, even though inferior to the lien hereof, for any such bill which may be legally due and payable, Due proof of payrient before delinquen- cy of all such bills shall be furnished by the Medical Center to the Secured Party upon request; provided that nothing herein contained shall prohibit the Medical Center from duly and diligently contesting in good faith any bill for labor or material; G. The Medical Center will permit the Secured Party and its agents, representatives and employees at all reasonable times and upon reasonable prior notice to examine and inspect the Collateral, and will furnish to the Secured Party on request all pertinent information in regard to the Collateral; R. The Secured Party at all times shall have the right to re- lease any part of the Collateral now or hereafter subject to the lien hereof without releasing any other part of the Collateral or other security, and without affecting the lien and security interest hereof as to the part or parts thereof not so released; 1. The Medical Center will notify the Secured Party in writing promptly of the commencement of any legal proceedings affecting the Collateral or the Obligations, or any part of either, and will take such action as may be necessary to protect and preserve the Secured Party's rights thereby affected; and should the Medical Center fail or refuse to take any such action, the Secured Party may but shall not be required to, at the Secured Party's election, take such action on behalf and in the name of the Medical Center and at the Medical Con- ter's cost and expense; and J. The Medical Center will maintain its corporate existence and will maintain and procure all necessary franchises and permits to the end that it shall be and continue to be a nonprofit corporation duly organized under the laws of the State of Texas and as an exempt organ- ization under the provisions of Section 501(x) of the Internal Revenue Code of 1986, as amended (the "Code), by the operation of See- tion SO1(c)(3) of the Code, with full power and authority to own all of the Collateral as contemplated herein. .6- r i N I F ARTICLE III EVENTS OF DEFAULT i, Section 3.01 Events of Default. The Medical Center shall be in default under this Security Agreement upon the occurrence of any one of the following events or conditions (each an "Event of Defau" `f (a) Default in the performance of or compliance with any of the obligations,, (b) Default in the payment of any indebtedness of the Medical Center to others than to the Secured Party in accordance with the terms of any of the instruments evidencing or securing the same; ~II (c) If any warranty, representation or statement herein or in any other document executed by the Medical Center in connection i ! with any of the Agreements, proves to be false or materially misleading when made; (d) The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Medical Center in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, examiner, sequestrator (or similar official) of the Medical Center or for any substantial part of any of its property, or ordering of the wending-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of sixty (60) consecutive days; (e) The Medical Center shall become insolvent or unable to pay its debts as they mature, shall voluntarily suspend transac- tion of its business, shall commence a voluntary case under the federal bankruptcy laws, as now constituted or hereafter amended, or any other applicable federal or state bankruptcy, Insolvency or other similar law, shall consent to the ap- pointment of or taking possession by a receiver, liquidator, assignee, trustee, examiner, custodian, sequestrator (or other similar official) of the Medical Center or for any substantial part of its property or shall make a general assignment for the benefit of creditors, or shall fail ge „ r- ally to pay its debts as they become due, or shall take any corporate action in furtheratire of any of the foregoing; or (f) The Settlement Agreement, the Asset Transfer Agreement or the Services Agreement is held to be illegal, invalid or unen- forceable. i i ~j t f Upon the occurrence of any one or more of the Events of Default, and at any time thereafter, the Secured Party may elect, the Medical f Center hereby expressly waiving notice, demand and presentment to the extent permitted, to declare any and all sums referenced in subsec- tions (b) and (c) of the definition of the term "Obligations" set forth in Article I hereof immediately due and payable in full and to declare the Medical Center in default under any or all of the Agreements and so exercise any and all rights arising to the Secured Party as a conse- quence of the Medical Center's default. Section 3.02. General. A. The Secured Party ,may remedy any Event of Default, without waiving the same, or may waive any Event of Default without waiving any prior or subsequent Event of Default. , B. The security interest and liens herein created shall not be affected by or affect any other security taken for the Medical Center's I performance of and compliance with tha Obligations, or any part thereof I' and the Secured Party shall not be limited by any election of remedies if it chooses to foreclose the security interests and lien granted hereunder by suit. The right to sell under the terms hereof shall also exist cumulative with said suit and one method shall not bar the other, but both may be exercised at the same or different times, nor shall one be a defense to the other. C. The Secured Party shall have the power to endorse and is hereby appointed the Medical Center's agent and attorney-in-fact for the purpose of doing any and every act which the Medical Center is obligated to do by this Security Agreement and to exercise all rights of the Medical Center relating to the Collateral. ARTICLE IV PERFORMANCE OF THE MEDICAL CENTER'S OBLIGATIONS ' Section 4.01. Performance of the Medical Center's Obligations. If the Medical Center should fail to comply with any of the agreements. covenants or obligations of the Medical Center under this or any other instrument securing, guaranteeing or otherwise relating to the Obliga- tions or any part thereof, or under any of the Agreements, then the Secured Party may perform the same for the account and at the expense of the Medical Center but shall not be obligated to do so; any and all expenses incurred or paid in so doing shall be deemed to be part of the Obligations and shell be payable by the Medical Center to the Secured Party, together with interest at the greater of (1) the rate of ten percent (10'.) per annum, or to the exter;t permitted, or (ii) the highest nonusurious lawful rate from the data when same was so incurred or paid; the amount thereof and accrued interest thereon shall be due and payable on demand and shall be secured by and under this Security Agreement; and the amount and nature of such expense and the time when paid shall be fully established by the affidavit of an officer of the Secured Party. .g- 1 T 6 f Section 4.02. No Waiver. The exercise of tho privileges granted in this Article IV shell in co event be considered or constitute a waiver of the rights of the Secured Party, but is cumulative of such rights given by the Agreerents, and all security instruments, guaran- tees and other instruments now or hereafter executed by (or accepted by the Medical Center as binding upon) the Medical Center, and of all i rights and remedies available to the Secured Party coder law. `t i ARTICLE V yy i SECURITY INTEREST j Section 5.01. Security interest. Without limiting any of the provisions of this Security Agreement, the Medical Center, as obligor, ! and referred to in this Article as "Obligor," expressly grants unto the f Secured Party a security interest in all of the Collateral (including If botn that now and that hereafter existing) to the full extent that any portion of the Collateral may he subject to the Uniform Commercial Code i of the State of Texas or other states where any portion of the Collat- oral may be situated (as applicable, the "Uniform Commercial Code"). 1r The security interest granted herein hereby covers and includes in addition to the Collateral all equipment, general intangibles, fixtures and other personal property used, or acquired by or for the benefit of Obligor, or otherwise related to the Collateral, and all products and proceeds thereof. Section 5.02. Covenants. Obligor covenants and agrees with the Secured Party that; A. In addition to and cumulative of any other remedies granted in this instrument to the Secured Party, the Secured Party may, upon or at any time after an Event of Default under this Security Agreement as provided in Article III hereof, proceed under the Uniform Commercial Code as to all or any pert of the Collateral and shall have and may exercise with respect to the Collates,,l all the rights, remedies and powers of a secured party under the Uniform Commercial Code, Including, without limitation, the right arid power to sell, at public or private axle or sales or otherwise disPcs of, lease or utilize the Collateral and my part or parts thereof in any manner authorized or permitted under the Uniform Commercial Code after default by an debtor. Among the rights of the Secured Party upon and after the occurrence of an Event of Default under this Security Agreement as provided in Arti- cle III hereof, and without limitation, the Secured Party shall have the right to take possession of the Collateral and to enter upon any premises where the same may be situated for such Purpose without being deemed guilty of trespass and without liability for damages thereby occasioned, and to take any action deemed necessary, appropriate or desirable by the Secured Party, at its option and in its dis ration, to repair, refurbish or otherwise prepare the Collateral for sale, lease or other use er disposition as herein authorized. To the extent per- mitted by law, Obligor hereby waives, or does not waive, appraisement, at the option of the Serurod Party to be exercised by it at any time prior to Judgment in any such proceeding, and Obligor further agrees to waive, to the extent it may lawfully do so, the benefit of all stay, •9• . J r extension or redemption laws now or hereafter in force, and all rights of redemption to which it may be entitled, and Obligor expressly waives any notices of sale or other disposition of the Collateral and any other rights or remedies of a debtor or formalities prescribed by law relative to sale or disposition of the Collateral or exercise of any other right or remedy of the Secured Party existing after default hereunder, and to the extent any such notice is required and cannot be waived, Obligor agrees that if such notice is personally delivered or mailed, portage prepaid, to Obligor at the address designateri hereafter in this Security Agreement (or at Obligor's m,)st recent aidress as shown by the records of the Secured Party) at least ten (10) days before the time of any public sale or disposition, or the date after 4 which the Collateral will be sold or disposed of by privetesa[e~uireh notice shall be deemed reasonable and shall fully satisfy any q ment for giving any such notice. H. After the occurrence of an Event of Default under this Se-u- rity Agreement as provided in Article III hereof, the Secured Party is expressly granted the right, at its option, to transfer at any time to itself or its nominee the Collateral, or any part thereof, and to receive the monies, income, proceeds or benefits attributable or Accru- ing thereto and to hold the same as security for the perforwar.ce of and compliance with the Obligations and to apply it in accordance with Article III hereof. All rights to marshalling of assets or sale in inverse order of alienation, including any such rights with respect to the Collateral, are hereby waived. C. All recitals in any instrument of assignment or any other instrument executed by the Secured Party incident to sale, transfer, assignment, lease or other disposition or utilization of the Collateral or any part thereof hereunder shall be full proof of the matters stated therein, and no other proof shall be required to establish full legal propriety of the sale or other action or of any fact, condition or thing incident thereto, and all prerequisites of such sale or other action and of the fact, condition or thing incident thereto shall be presumed conclusively to have been performed or to have occurred. D. Should the Secured Party elect to exercise its rights under the Uniform Commercial Code as to pert of the personal property or fixtures described herein, this election shall not preclude the Secured Party from exercising any or all of the rights and remedies granted by the other Articles of this Security Agreement as to the remaining personal property or fixtures. E. The Secured Party is authorized to file in any jurisdiction where the Secured Party deems it necessary, one or more financing statements, one or more continuation statements or one or more mort- gages or Deeds of Trust, and at the request of the Secured Party, Obligor will join the Secured Party in executing one or more financing statements, continuation statements or both pursuant to the Uniform Commercial Code in form satisfactory to the Secured Party, or one or more mortgages or Deeds of Trust in all public offices at any time and -10- from time to time whenever filing or recording of any financing state- ment, continuation statement, mortgage or Deed of Trust is deemed by the Secured Party to be necessary or desirable. ARTICLE VI } DISCHARGE OF SECURITY INTEREST l At any time after December 31, 1992, if this Security Agreement has not heretofore been foreclosed, the Secured Party shall reassign cc the Medical Center, without recourse or warranty, express or implied, the than existing rights, titles and interest of the Secured Party in and to the Collateral arising pursuant to the terms of this Security Agreement, the costa of such reassignment to be borne by the Medical Center, and the Medical Center's obligations hereunder shall be deemed fully satisfied and discharged in full, upon the full and complete satisfaction of the following conditions: A. The Medical Center pays, performs or satisfies in full the Utilities Debt referenced in Section 1.2 of the Settlement Agreement and the liabilities and indebtedness listed on Exhibit B attached hereto; I B. The Med'aal Center pays, performs or satisfies in full all of the other liabilieies or indebtedness resulting from or related to the operation, construction or maintenance of the Facilities on or before December 31, 1987s not otherwise described or referenced in condition A In this Article VI and which are known or asserted prior to the Release Date (as herein defined); and C. The Medical Center procures, at its cost and expense, professional and comprehensive general liability insurance (the 'Insurance") covering the Secured Party as loss payee for claims resulting from or related to the operation, construction or maintenance of the Facilities on or before December 31, 1967, that are asserted or known and not otherwise paid, performed or satisfied in full, at any time from the Release Date until January 1, 2006, inclusive. The Insurance shall Qrovids such amounts of "per occurrence" coverage, to aggregate' coverage, and "umbrella excess" coverage as are considered standard for a 1S0-bed acute-care hospital located in Denton, Texas at the time the Insurance is procured. If the Secured Party and the Medical Center cannot agree upon the amounts of such covsrsgs, the Secured Party and the Medical Center shall select an independent professional insurance consultant (the "Consultant") acceptable to both to determine the amounts of such coverages, The determination of the Consultant regarding the amounts of such coverage shall be final and binding on the Secure,' Party and the Medical Center. As used in this Article VI, "Release Date" shall mean that date after December 31, 19920 on which the Medical Center has fully and completely satisfied conditions A and 6 in this Article Vt. -11- w ARTICLE VII GENERAL L Section 7.01. Extension. Rear renRement,_ ischarjte or Renewal of Obligations. It is expressly agreed that any pert of the security herein described, or any other security for the Medical Center's per- formance of and compliance with the Obligations, may be waived or released without In anywise altering, varying or diminishing the force, effect or lien of this Security Agreement; and the lien and security interest granted by this Security Agreement shall continue as a prior lien and security Interest on all of the Collateral not expressly so I released, until all Bums with interest and charges hereby secured are fully paid and the Obligations are performed and complied with; and no other security now existing or hereafter taken to secure the perfor- mance of and compliance with the Obligations or any part thereof shall in any manner impair or affect the security given by this Security Agreement; and all security for the Medical Center's performance of and compliance with the Obligations or any part thereof shall be taken, considered and held as cumulative. Section 7.02. Notice. Except where certified or registered mail notice is required by applicable law, service of any notice to the ` Medical Center required or permitted hereunder shall be completed upon hand delivery or deposit of the notice, enclosed in a first-class postage prepaid wrapper, properly addressed to the Medical Center at the Medical Center a address designated hereafter in this Security Agreement (or to the Medical Center's most recent address as shown by the records of the Secured Party in a post office or official deposito- ry under the care and custody of the United States Postal Service), and the affidavit of any person having knowledge of the facts concerning such hand delivery or mailing shall be conclusive evidence of the fact of such service; provided, that such method of giving notice shall not be exclusive, but instead any notice may be given to the Medical Center 1 in any manner permitted or recognized by law. i Notice desired to be given hereunder, shall be addressed as fol- lows: To the Secured Party: City of Denton, Texas Municipal Building Denton, Texas 76201 Attn: City Attorney To the Medical Cente:: Flow Regional Medical Center, Inc. 218 North Elm Street Denton, Texas 76202 Attni President ` or to such other address as indicated In writing by either party. Section 7.03. Se_v_erebility. In the event any item, term or provision contained in this Security Agreement is in conflict, or may hereafter be held to be in conflict, with the laws of the State of -12- :t I qw~ W t Texas or of the United States, this Security Agreement shell be affect- ed only a!i to such particular item, term or provision, and shall in all other respects remain in full force and effect. Section 7.04. Governinx Law. This Security Agreement shall be governed in all respects, including validity, interpretation aad af- fect, by, and shall be enforceable in accordance with, this laws of the State of Texas and of the United States. Section 1.05. Superseding Effect. This Security Agreement shall replace and supersede the Original Security Agreement in its entirety, and the Original Security Agreement shall become null and void imm,diately upon the execution hereof. j IN WITNESS WHEREOF, Flow Regional Medical Center, Inc. and the City of Denton have caused this Security Agreement to be executed on their behalf by their duly authorized representatives as of the date first written above. FLOW REGIONAL MEDICAL CENTER, INC. S 8y: Sennett Kirk, President CITY OF DENTON sy: t Ray Stephens, Mayor z r j j f i -13- 1 0 y Nr THE STATE OF TEXAS 6 COUNTY OF DENTON 3 BEFORE ME, the undersigned authority, on this day personally appeared Sennett Kirk, President of Flow Regional Medical Center, Inc., ss known to me to be the officer whose name is subscribed to the foregoing i instrument and stated to me that he executed the same as the act and I deed of said nonprofit corporation, in the capacity therein stated, for j the purposes and consideration therein expressed and that all state- ments therein are true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of February, 1988. Notary Public in and for F the State of j i My Commission Expires THE STATE OF TEXAS I COUNTY OF DENTON b BEFORE ME, the undersigned authority, on this day personally appeared Ray Stephens, Mayor of the City of Denton, known to me to be the officer whose nsme is subscribed to the foregoing instrument and stated to me that he executed the same as the act end deed of said municipal corporation, in the capacity therein stated, for the purposes and consideration therein expressed and that all statements therein are f . i true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February, 1988. Notary Public in and for the State of & a My Commission Expires } /Hr/MWC/a23.8a.032 .1p. r 4 i , EXHIBIT A i That certain tract or parcel of land sierEtof in the ity Of Denton and part County of Denton, State of Texas, i Abstract No. 31, and more particularly described as follows (as described in that certain Deed of Conveyance dated May 26, a subdivision9, from political of the the Trustees of Flow Memorial Hospital, a Civil State Texas created pursuant o a Article corporation, TandsDenton Statutes, to the City of Denton, County, a political subdivision of the State of Texas, as filed in the Reel Proparty Deed Records of Denton County, in Volume 351 at Page 252: r BEGINNING at a concrete marker 60 feet north of the south boundary line i the C of De, Texas, 6 feet east theswasttboundaryalinen of BryanYStreetnin the City ofnDenton, Texas; of THENCE North 88° 56' East 707.5 feet to the point of curvature of a circular curve to the left; l radius is 131 Northeasterly a Bdistance cofo203.78gfeeteto nrc, of said the point of curve t ! of said curve; THENCE North 0° 17' east 464.5 feet to a concrete marker for corner; ` THENCE North 89° 38' West 839.2 feet to a concrete marker for corner; and being i THENCE South 0° 14' West 602 feet to a plots of beginning, the acme tract of land conveyed by Addle Scripture, at. al. to the Flow Memorial Hospital Trustees by deed doted August 1, 1947, and recorded in Volume 337, page 472 of tha Deed Records of Denton County, Texas, less that portion of sold tract dedicated to the public for street purposes. r r i F /Hr/MWC/a25.8a.032 j 1 I A 1 4 r i BRHIHIT B i r' I r tt ' r 3j1~ r 1 K l Y i t 1 i i i {1111 f 5 I t' t 4 4 t f i t { j f t I I r U'7 I VAIL: U2/U2/86 i i t CTIY COUNCIL REPOh'i' FORMAT' T'0: Mayor and Members of the City Council FROM: Lloyd V. harrell, City Manager SUBJECT. RESOLUTION CREATING A MODERATE NUDE AT PROPOSED LAKEVIEw BOULEVARD AND COLORADO BOULEVARD RECOMhENDAT'ION: j The Planning and Zoning Commission recommenced approval of a moderate 1 node at proposed intersection of Colorado Boulevard and Lakeview Boule- vard, by a vote of 4 to 3, with the condition that two existing nodes at Lakeview Boulevard and Blagi Road and Lakeview Boulevard and Mille Road be eliminated through a red.ction in intensity and density of already approved uses. SUMMARY: I~ , I." The existing Lakeview plan for 69U,b acres located along Trinity Road between highway 380 East and FM 426 permits 16 unite per acre and to 108 percent over the intensity standard. The existing plan also includes moderate nodes at proposed Lakeview Boulevard and Mills Road and Lakeview Boulevard and 81399 Roadr these nodes are not sanctioned by the Develop- ment Guide but were created by the intensity and tensity of land uses approved at this location. In the Southview area, the creation of the moderate node at Lakeview Boulevard and Colorado Boulevard could be juotified by the fact that a standard node has been proposed in terms of size and diversity of uses. i.,:. Property has aluo been set aside for public use or community facilities. Both the existing Guide and proposed Plan provide for bonuses in inten- eity or an increase in the size of moderate nodes if diversity and desig- nation of property for public uses is significant. Community facility designation has been made within the requested node and parkland being dedicated throughout the plan exceeds the standard recommended in a draft 4 mandatory park dedication ordinances I The existing Lakeview plan is a case where a disproportionate amount of intensity has been allocated to one property owner even though a specific r study area has not been defined in the Development Cuide, Moderate nodes are approved for the Highway 380 and FM 426 intersections and the balance f of the property is low Intensity, Reducing the intensity from lU8 percent over the standard and reducing density from 16 units per acre to 9,5 unite per acre still would not bring the existing Lakeview zoning within guide- lines and standards but it is a significant change. i r City council Report Format February 2, 1988 page 2 c r i ! sed Southview uses would not exceed Development The intensity of the pl opo - Guide or Developmentwpen thinking 0 of i potenCial ifuture development dbetween establishes. Also, j the Lakeview and Southview sites and M&Yhill Road, it is important re note may ioccurh as the landfill and treat flood prestrictions a will facilit"2 ment The increase in the amount of land being donated for parks ano the Oppor- tunity to plan for all the property are other positive features of this pr o'rOs a l . BACKGROUND: Three moderate nodes have been established by existing and proposed policy at the intersections of Lakeview Boulevard and U.S. Highway 3BU, Staff has been working FM 426, and I-35 ipredominantly in Corinth). for with representatives of 30;B, Inc. over a year in an effort to de- crease density and intensity in the existing planned development and to provide a k!nifted plan for the development of all 1,200 plus acres of their property in far East Denton, r' PROGPA---_- SS DEPARTMENTS OR GROUPS AFFECTEDr city of Denton! RMB, Inc.) other landowners in the area. FISCAL IMPACT. r Undetermined. Respe ly su mit # Lloyd . harts)) City Manager gg ^Y 1 prepared by: iDEllison j Acting Director for Planning and Development I a s, I ~ J t ) x c, E LAK~vI~1V ~ ~DU'~UVr~1Y INTGN~iI~fY rlorrrh N 12 oe.-*4M INCQMt7 IN NW iW"L- 1 N61►PWYr- i r' ,a I ` t ~ I I w It 1 61 Ail T. . L 1. i I • sf•M• t LAKEVIEW/SOUTHVIEW MAJOR ISSUES FROPOSAL CALLS FOR DRAMATIC REDUCTION IN INTENSITY OF APPROVED LAKEVIEW PLAN, PROPOSED INTENSITY OF SOUTHVIEW WILL NOT EXCEED STANDARD IF ADDITIONAL MODERATE NODE IS APPROVED, i DENSITY EXISTING LAKEVIEW PLAN: 16.0 U/A PROPOSED LAKEVIEW PLAN: 9.5 U/A PROPOSED SOUTHVIEW PLAN: 7.0 U/A COMBINED PROPOSALS: 8.7 U/A ' PUBLIC USE (PERCENTAGE OF DEVELOPMENT) fi. EXISTING LAKEVIEW PLAN: 4% PROPOSED LAKEVIEW PLAN: 8% PROPOSED SOUTHVIEW PLAN: 10% COMBINED PROPOSALS: 8% ' PARKS AND SCHOOLS PRIVATE PROPERTY DEDICATED IN EXISTING PLAN: 31,0 ACRES TOTAL AND 5250,600 PAYMENT (8,4 ACRES PARKS AND 22.6 ACRES SCHOOLS) PROPOSED LAKEVIEW PLAN: 70.5 ACRES PARKS TO BE DONATED AND SCHOOL SITES TO BE NEGOTIATED PROPOSED SOUTHVIEW PLAN: 26.0 l-CRES DONATED FOR PARKS PLUS 10 ACRES FOR JOINT SCHOOL/PARK PARKLAND DEDICATION STANDARD OF 1 ACRE PER 100 DWELLING UNITS WOULD REQUIRE 75 ACRES; TOTAL PARKLAND TO BE DEDICATED IN LAKEVIEW/SOUTHVIEW AS PROPOSED - 106.5 ACRES ' TWO UNSANCTIONED MODERATE NODES WOULD BE ELIMINATED IN LAKEVIEW. ONE ADDITIONAL PROTOTYPE NODE IS BEING REQUESTED. 3 P 6 Z Minutes December 16, 1487 Page 7 and commercial/retail development is anticipated. 'L he purpose of the replat is to relocate lot lines. She added the I''eloppment Review Committee recommends approval ok the preliminary and final replats. PHIILUNER: Ureg Edwards, Metroplex Engineering Corpora- t on, sta ed that the rapists meet city requirements and urged the Ccmmission to recommend approval. LA iAVUA: hone present. UPPOSEO: hone present. Chair declared the public hearing closed. I UEL1511JN: Mr. ulassccck moved to recommend approval of t e pre lmlnary and final replats of the Uoldeingle -8K Block A. Seconded by lR Ms. Cole l Addition Lots Ms. Cole and motion unanimously carried (7•0), ' D. PRELLMLNARI AN0 FINAL NEPLATS OF 1'hh NuRSNPUOU OAKU045 I dP- uFE33ITT+ ' 510F REPURI: Ms. Spivey stated that this 3.441 acre tract s ocste at the northeast corner of Uld North Read and U.5. Highway 380. The property is toned planned develop- ment (PD-I14) for professional office use. It is the first phase of an 18 acre development to be constructed at this location. The purpose of the replat is to create indivi- dual lots for sale and to designate the parking area as a private street. She added that the Development Revieflnal Committee recommends approval i replats. PETI'rIUNLR: Greg Edwards, NLetroplex Engineering Corpora, t on representing be. ttillIas Cudd, stated that he was available to answer questions. IN fAYOK: None present. OPPOSED: hone present. Chair lactated the public hearing closed. DECISION: Ms. Cole moved to recommend approval of the pre a nary and final replats of the Northwood Gardens r"ofessionals' UEfice Park Addition, Lots 1R-7, Block 1. Seconded by Mr. Claiborne and notion unanimously carried Ill, CONSIDER A RE ULSI FUR CKLAIIU% OF A AU DERA'IE NUDE AT Thh AAW. STAFF REPORT: Ms. Carson stated that this item was presented ur ng a s udy session two weeks ago and back-uoneas provided and staff is available to respond to any q Mr. Claiborne asked if stalf has arecommendation. Ms. Carson stated that staff recommends approval, Ms. Brock statet is is a ditficult very controversialucase.i bSheusaidE earlier toning that the Land Use Planning Committee has worked on a Develop- ment Plan for over 20 months and the general consensus of the ;rdup is not to have another Irving but to have autonomy In the City of Denton. She said that the proposed plan is to have balanced growth. She said that there is tremendous density rea in is this area }ustif Led n and o moved another of e th I s a the request. 7 :t P 0 1 Minutes December 16, 190 Page g Seconded by Mr. Holt. Mr. Claibotns stated that granted the Land Use Planning Committee has worked long and hard and he has to agree that the new plan encourages balanced growth and wants to retain autonomy and not become a North Dallas or Irving. he said that to this respect he would have to support a denial. he said that considering the zoning that already exists in the Lakeview case versus what is being proposed in reductions to density and intensity, he could support creation of a molerate node. he said that, in this respect, he felt he would not be betraying the Land Use Planning Committee but doing wirrt he feels is test for the City of Denton so, from this perspec- tive, he cannot support the motion to deny the request for a i moderate node at Colorado and Lakeview boulevards. Mr. Holt stated that the idea of a tradeoff is no problem because you have to make tradecifs sometime, but he questioned wnether this tradeoff Is acceptab'e. fie said that his immed- iate problem is with the multi- roily because there are so many in the City of Denton. n said that he thinks this area should be balanced, like a city should be. He said that he does not see diversity in this node and believes this area will not be a benefit in that it will be a transient area and he would support denial. Mr. blasscock stated that he would support the node at Colorado and Lakeview boulevards because demand will take care of this area. he added that he was no. sure if this area would develop but he believes the tradeoff is acceptable because the density and Intensity is proposed to be decreased and, in effect, two nodes in Lakeview would be eliminated In the proposal. hs. Brock stated that there is no guarantee that the property will develop as proposed or that the final zoning proposal will look like it does at this time. Vote was called and motion failed (3-1). At, Claiborne, Mr. kamman, Ms. Riker, and Mr, blasscock voted no. Mr. Claiborne moved to recommend approval of the request. Seconded by Mr, blasscock. s Mr. kamman asked about a guarantee. Mr. kllison stated that the staff anticipated that the zoning plan which will be sub- matted for approval will not be made any more dense or intense than what is being discussed with the Commission at this tim he said that, if anything, the petitioner might come back wi:h increased lot sizes in a few areas based on comments from some of the Commissioners and, in ttfect, reduce the density a little more. The motion and second were withdrawn. Mr. Claiborne moved to recommend approval of the moderate node at the intersection of Colorado Boulevard and Lakeview Boule- vard in exchange for the elimination of moderate nodes at Lakeview Boulevard and Blagg Road and at Lakeview Boulevard and Mill. Road in the already approved Lakeview zoning. Seconded Iy Mr. blasscock. Vote was called and motion carried (4-5). Ms. Brock, Ms. Cole, and Mr. Holt voted no. Meeting adjourned at 7:3U p.m. t' 2179L RESOLUTION NO. A RESOLUTION AMENDING THE DENTON DEVELOPMENT GUIDE BY CHANGING THE OVERALL CONCEPT PLAN AND LAND INTENSITY AREAS; AND DECLAR- j ING AN EFFECTIVE DATE. 3 ~ WHEREAS, the Denton Develo went Guide 148p, as guide amended, for was adopted as the o c a an use an eve o gen quid mfo the City to be used in conjunction with planning, develop j and land use decisions; and WHEREAS, the Guide provides for a procedure to implement policy changes in regard to current land use decisions; and 1 y moderate WHEREAS , the Guid dividea the cit into high, oal of and low intensiand pe lanning areas to insure the g balanced growth; WHEREAS, a request has been made to change a low intensity planning area to a moderate intensity planning area; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission for approval of the request with the expectation that the reductions be made in intensity/density of approved land uses at a level which will eliminate two moderate nodes at the intersections of proposed Lakeview Boulevard and Mills Road and Lakeview Boulevard and Bla g Road; and, after due consideration of the currentuand protected land uses and zoning for raved rUBesa d which propould reductions in intensity/density o p8 eliminate two unauthorized moderate nodes; the current and pro ected design capacities for transportation facilities, utilities, and other public! the impact facilities such change awouldthaveneed for th on for the proposed change- the overall growth pattern of the area, whether such change would maintain the concept the balanced overall planning egoals and quadrants of the City; i485; and concepts contained in the Denton Development Guide, WHEREAS, the City Council accepts the recommendation of the Planning , Tand Zonin HEREFOREg Commission and adopts the reasons therefor 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: I I 1 That the Denton Develo ment Guide 19850 as SECTION 1. c an in t e Overa Conce t amended, be Hereby amende y 8 g Plan" and "Land Intensity Areas maps of the Guide for t e designated in (rezoning dr questeZ-1861 Cofromd a 1~ -i tensits l area so that hereafter aly I area to a moderate intensity existing policies of the Guide applicable to moderate intensity I s areas shall be applicable to such area. as Section II. That a copy of this Resolution revised , be bowing d the ` the -6e`~icon T velo went Guide 19853 amen ment -ere in ma e. 1 PASSED AND APPROVED this the day of 1988. 1 t h RA T s F { ATTEST: E IFER RE APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. ~L Ij 4 f r ;r a Ai rs ' R' i N t LLU f 1 I i ! ~ k i i r' i r DATE: 0116 CITY COUNCIL REPORT FORMAT i i TO: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager SUBJECT: i RECOMMENDATION: it is the recommendation of the Airport Board to approve the C amendment to the Airport lease agreement of April 1, 1486, by and between the City of Denton and Fox 51 Limited which adjusts the rate j of development required in the lease. i l I SUMMARY- The economic situation has resulted in a slow growth in the state which has affected development in aviation. This amendment adjusts 1 the pace of development required in this lease to reflect this change in the economy. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: j This amendment should not affect any other department or group. FISCAL IMPACT: There will be less revenues generated for the Airport in the short a term but over the term of the lease there will be no decrease in revenues over the life of the lease. Res fully aub t ed: I " L1 d V. Harrel Prepared by: II JJ City Manager Bruce Cardwell Acting Airport Manager Approv . R v D p it anager wp 2866g 1 i 1 1 } ^1766L i 'i. 3 RESOLUTION NO. A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AIRPORT COMMERCIAL LEASE BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED; AND PROVIDING FOR AN EFFECTIVE DATE. i WHER%AS, certain real property upon the Denton Municipal Airport was leased to Fox-51 Limited, a Texas partnership, by lease agreement dated April 1, 1986; and WHEREAS, the City of Denton and the lessee desire to amend the lease agreement; and + WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the proposed airport lease amendment; and WHEREAS, the City Council of the City of Denton, Texas, believes it to be in the interest of efficient airport operations to approve such lease amendment) NOW, THEREF')RE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: i SECTION I. That attached Amendment No. 1 to the airport commerc a ease agreement between the City of Denton and Fox-51 Limited dated April It 1986 and also attached hereto, is hereby approved. SECTION II. That Mayor is hereby authorized to execute the attached lease amendment on behalf of the City and the City Secretary is hereby directed to affix this resolution, with the executed lease amendment attached, to the original airport lease 1 agreement dated April 1, 1986, inscribing on the original agreement the fact it has been amended and the effective date of such amendment. SECTION III. That this resolution shall become effective immediately upon its passage and approval. s i T 1 1 PASSED AND APPROVED this the day of r 1988. i f RAY STEPHENS, MAYOR CITY OF DENTONr TEXAS ATTEST: JENNIFER WALTERS ACTING CITY SECRETARY + CITY OF DENTONr TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONr TEXAS f t h BY: &AAe I j S { I a ~~h 'ia'f s tl I` I I r 2091L a THE STATE OF TEXAS S FIRST AMENDMENT TO THE COMMERCIAL l OPERATOR LEASE AGREEMENT BETWEEN f` COUNTY OF DENTON S THE CITY OF DENTON AND FOX-51 LIMITED This lease amendment is made and executed this day of 1 19 , at Denton, Texas, by and between the City o Denton, erein-aT er referred to as "Lessor", and Fox-S1 l Limited, a corporation of the State of Texas, having its principal offices at Route 1, Box 102, Denton, Texas 76205, hereinafter i referred to as "Lessee". WHEREAS, Lessor owns, operates and controls the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; WHEREAS, Lessor has previously leased certain land at the I ! Airport to Lessee for the purposes of Lessee copducting a i business as a commercial operator at the Airport, a copy of tb^ lease agreement is attached as Exhibit C; r WHEREAS, due to changed circumstances, the parties mutually desire and agree to renegotiate certain provisions of the lease agreement described above; NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, the parties agree to amend the lease as follows: WITNESSETH: The Lessor and Lessee for and in consideration of the rents, covenants and conditions contained herein, do hereby mutually agree that the following provisions of the airport lease dated I April 1, 1986 are amended: Section II, Land, Paragraphs A & B; Section III, Term; Section IV, Payments, Rentals and Fees, Paragraphs A 6 C; Section VII, Leasehold Improvements, Paragraph A, Subsec- tion 1; and Section XII, Insurance Tho amendments. referenced above, are as follows: 1. Section II, Paragraph A, Land, Is hereby amended to read as follows: 44, I S F~ 1 A one foot by one foot tract of land, being one square foot, drawn and outlined, as shown on Exhibit A, attached hereto and incorporated herein by reference, having the following metes and bounds: COMMENCING at the northwest corner of a tract of land as conveyed to P. F. Breen by deed recorded in Volume 127, Page 185 of the Deed Records of Denton County, Texas said point lying in the South right-of-way line of FM ! Road 151.5; THENCE west along the south right-of-way line of FM Road k 1515 a distance of 350 feet to a point; THENCE north along the west right-of-way line of FM Road E { 1515 a distance of 1,000 feet to a point; E ' THENCE west perpendicular to said right-of-way line of ' I FM 1515 a distance of 870 feet, more or less, to a point 1~`1r ! on the east edge of the pavement of the north taxiway; THENCE north 13° 50' 41" west along the east edge of pavement of said north taxiway a distance of 230 feet to a point for a corner; THENCE north 760 09' 19" east perpendicular to said east edge of pavement a distance of 280 feet to the point of beginning; THENCE north 13° 50' 41" west 280 feet east of and " parallel to said east edge of pavement a distance of one foot to a point for a corner; THENCE north 76° 09' 19" east perpendicular to said east ' edge of pavement a distance of one foot to a point for a corner; THENCE south 130 50' 41" east 281 feet east of and parallel to said east edge of pavement a distance of one foot to a point for a corner; THENCE south 760 09' 19" west perpendicular to said east y edge of pavement a distance of one foot to the place of beginning and containing one square foot of land, more or less. Together with the right of ingress and egress to said pro- perty; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reason- able regulations by the City of Denton; and sucand rights shall extend to Lessee's employees, passengers, pa AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 2 i f r ~ t Section II, Paragraph B, Land-Property B, is hereby amended to read as follows: B. Land - Property B: A tract of land consisting of 3.91 acres, or 170,583.34 square feet, as depicted on Exhibit B, attached hereto and incor- porated herein for reference, and having the following metes and bounds: i s COMMENCING at the northwest corner of a tract of land as conveyed to P. F. Breen by deed recorded in Volume 127, Page 185 of the Deed Records of Denton County, Texas said point lying in the South right-of-way line ' of FM Road 1515; J THENCE west along the south right-of-way line of FM Road 1515 a dist.izce of 350 feet to a point; 3 THENCE north along the west right-of-way line of FM Road 1515 a distance of 1,000 feet to a point; THENCE west perpendicular to said right-of-way line t of FM 1515 a distance of 870 feet, more or less, to a point on the east edge of the pavement of the north taxiway; THENCE north 130 50' 41" west along the east edge of pavement of said north taxiway a distance of 230 feet to a point for a corner; THENCE north 76° 09' 19" east perpendicular to said east edge of pavement of the north taxiway, a distance of 280 feet to a point for a corner; THENCE north 130 50' 41" west 280 feet east of and parallel to said east edge of pavement of the north taxiway, a distance of 220 feet to a point for a corner; THENCE north 76° 09' 19" east perpendicular to said east edge of pavement of the north taxiway, for a distance of 150 feet to the point of beginning; THENCE north 760 09' 19" east perpendicular to said east edge of pavement of the north taxiway, a distance of 179 feet to a point for a corner; THENCE south 190 07' 54" east for a distance of 336.84 feet to a point for a corner; AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 3 r t ~I THENCE south S4° 09' 50.9" west for a distance of 280.57 feet to a point for a corner; THENCE south 760 09' 19" west perpendicular to said edge of pavement of the north taxiway, a distance of 140 feet to a point for a corner; 4 THENCE north 130 SO' 41" west 340 east of and parallel to said east edge of pavement of the north taxiway, a t distance of 220 feet to a point for a corner; j t THENCE south 760 09' 19" west perpend_cular to said edge of pavement of the north taxiway, a distance of 59 feet to a point for a corner; THENCE north 130 50' 41" west 281 feet east of and parallel to said east edge of pavement of the north taxiway, a distance of one foot to a point for a corner; THENCE north 76° 09' 19" west perpendicular to said east edge of pavement of the north taxiway, a distance of one foot to a point for a corner; THENCE north 130 SO' 41" west 280 feet east of and parallel to said east edge of pavement of the north taxiway, a distance of 219 feet to a point for a corner; THENCE north 760 09' 19" east perpendicular to said east edge of pavement of the north taxiway, a distance of 150 feet to the place of beginning and containing 1709S83.34 square feet of land, more or less. Lessor, for and in consideration of the covenants and agreements herein contained, to be ;:ept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor the above described Property B for a period of ten (10) years commencing on the date of execution of this Lease. It Is expressly understood and agreed that Property B is leased to Lessee for the purpose of development by Lease Said development shall be comprised of an area of at least thirty-four thousand seventy-one (34,071) square feet every two years (development in excess of 34,071 square feet in any two year period may be carried over into the following consecutive ,years). Upon commencement of development of property within Property B (the date of final approval of plans and the issuance of a building permit by Lessor is deemed herein to mean the date of commencement of development), said development properties shall immediately be considered as additions to Property A and shall be subject t) the same terms and conditions as Property A, including but not limited to: land rental rates as computed on a cents,. per square foot, per year basis; term of lease; consumer price adjustments, if any, and AGREEMENT FOR COMWERCIAL OPERATOR/FOX-51 LIMITED/PACE 4 I r I` ~I 4 I 6 } date of commencement, as if said additions were and had been within Property A from the original date of execution of this Lease, Should Lessee not develop at least thirty-four thousand seventy-one (340071) square feet of Property B every two years, including any carry over from the previous year, the balance of the undeveloped property up to 34,071 square feet shall, at the end of each two year period, automatically be considered as an addition to Property A as if said property had been developed, ! Property which Lessee and Lessor mutually agree is undevelopable may be removed from the above requirements at the end of the ten (10) year period. Lessee shall notify Lessor of its intent to develop pro- petty within Property B by written notice to the City Manager or his de3ignee. Such notice shall z:e delivered to the City Manager at least thirty (30) days prior to commencement of development and shall include, at a minimum, a drawing and description of the size and location of the property and the type and number of improvements to be situated thereon. Construction plans and specifications shall be suhmitted to Lessor in accordance with Article VIII of this Lease. i For the purposes of this Agreement, the term "Premises" shall mean all property located within the metes and bounds described above in Properties A 6 B, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or :ontrolled by the Lessor, 3. Section III, TERM, is hereby amended to read as follows: i III, TERM The primary term of this Agreement shall be for a period of twenty-three (23) years, commencing on the 1st day of March, 1988, and continuing through the last day of Februar, 2012, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right to renegotiate this Lease for two (2) additional five (5) year periods at the end of the primary term or any renewal thereof at a rental rate and terms to be mutually agreed upon by the parties without regard for or considering the, then present, cost of living index. If Lessee ulects to renew this Lease, Lessee shall notify the City Manager, in writing, at least one hundred eighty (180) days before the expiration of the primary term or any renewal thereof. 4. Section IV, PAYMENTS RENTALS AND FEES, Parayraph As Land Rental, is hereby amen ed t0 read as follows: The land rental for Property A shall commence with the sum of seven cents ($0.07) per square foot, per year, payable in advance, AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 5 ,r t i Land rental shall be adjusted under the terms and conditions of this Lease as described herein. 5. Section IV, Paragraph C, Payment, Penalty, Adjustments, is hereby amended to read as follows: C. Payment, Penalty, Adjustments: All payments due Lessor from Lessee shall be delivered to 1 the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the payment or fee is more than 15 days past due, The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of this Lease on the basis of the proportion that the then current United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor, Bureau of Labor statistics bears to the , 1988 index which was (1967 = 100). The land rents amount is now based upon 07 0.0 ) cents per square foot, per year, for the land herein leased. The four (4) rental adjustments, if any, shall occur on the following dates: 11 1993 11 2003 l 10 1998 1, 2008 6. Section VIII, LEASEHOLD IMPROVEMENTS, Paragraph A, Required im rovements0 Subsection 1, Time Limits, is hereby amended to read as o ows: 1. Time Limits. Lessee agrees that it shall, within seven hundred twenty 720) calendar days from the date of this Agree- ment, submit to the Lessor, for approval, detailed plans and specifications for the initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and speci- fications as submitted, or transmit proposed revisions to Lessee, within forty-five (451 calendar days of recei,,,t of the plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty-five (45) calendar days from the date of receipt of the proposed revisions to resubmit th3 plans and specifications for Lessor's approvall such approval shall not be unreasonably withheld. Construction shall commence within one hundred eighty (180) calendar days of Lessee's receipt of Lessor's final approval of the plans and specifications, and shall be scheduled for completion not later than one hundred eighty (180) days after commencement of construction. AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 6 1 3. r' ti t 7. Section X111 INSURANCE AND INDEMNITY, is hereby amended to read as follows: A. Required Insurance: Lessee, at its expense, shall maintain continuously in e ect at all times during the term of l this agreement the following insurance coverages: 1 ~ 1. Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the Airport, 2. Aircraft liability to cover all flight operations of Lessee, 3. Fire and extended coverage for replacement value for i all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subse- quent to this agreement. I 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. b. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies within thirty (30) days of the signing of this Agreement. During the original or extended term of this Lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any adds- tion3l rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such Insurance requirements as may be regwired by Lessor, provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 7 I I i r. i N • , i required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or ad usted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. r In the event that State law should be amended to require additional types of insurance and/or insurance amounts which ` exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such { event, Lessor shall have the right to require that Lessee ff maintain in force types of insurance and/or amount of insurance as specified by State law. j Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. S. INDEMNITY: During all times that this lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to its acts or omissions hereunder. 1 For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between the parties hereto. Lessee agrees to indemnify and hold harmless the City and its agents, employees, and representatives from and against all 4 liability for any and all claims, suits, demands, and/or actions ' arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, ` employees, members, patrons, visitors, contractors and subcon- tractors (if any), and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection with or incidental to this , Lease Agreement. Lessee shall also indemnify City against any and all mechanic's and materialmen's liens or any other types of liens imposed upon the premises demised hereunder arising as a result of Lessee's conduct or activity. This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable form of remedy. This Indemnity Provision shall apply regardless of the nature of the Injury or harm alleged, whether for injury or death to persons or AGREEMENT FOR COMMERCIAL OPERATOR/FOX-Si LIMITED/PAGE 8 i, M If damage to property, and whether such claims by alleged at common law, or statutory or constitutional claims, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, i suit, demand, and/or action may be attributable in whole or in 1 part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors (if any), and/or sublessees or to anyone directly or indirectly employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply l to any and all claims, suits, demands, and/or actions based upon I or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors (if any), and/or sublessees. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of Lessee, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of and shall be solely responsible for the safety of its agents, representatives, employees members, patrons, visitors, contractors and subcontractors (if any), and/or sub- lessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. Lessee further agrees to comply with all applicable provisions of Federal, State and municipal safety laws, regulations, and ordinances. PROVIDED FURTHER, that the Lessee and the City each agree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to City and not an exclusive remedy. IN WITNESS WHEREOF, the parties have executed this Amendment Agreement as of the day of , 19_. CITY OF DENTON, LESSOR BY: AGREEMENT FOR COMMERCIAL OPERATOR/FOX-Sl LIMITED/PAGE 9 ~i i° w I t ATTEST ` j JENNIFER WALTERS, CITY SECRETARY I E APPROVED AS TO LEGAL FORM: 1 s DEBRA A. DRAYOVITCH, CITY ATTORNEY f~ BY: i FOX-51 LIMITED BY: F. D. blKLUKLEKs PRESIDENT f ATTEST i l SEMMY C } I! r f 4 1 f AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 10 i I 4 i i' 4 E° I~ y 1 THE STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, in and for said County, Texas, on this date personally appeared F. D. Strickler, known to me to be the person and officer whose name is subcribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Fox-51 Limited, a corporation of the State of Texas, ` and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 18th day of January, 1988. t NOTARY PUBLIC, STATE OF TEXAS Y My Commission expires: 10/13/91 x r j I f r j i AGREEMENT FOR COMMERCIAL OPERATOR/FOX-51 LIMITED/PAGE 11 ti r ,i ATTAOMiT "A"; TO AIRPORT IJWZ AMM y pctSStN61'~►XtWAY 1 51 ox F rr r • i i f ~ i i SCALE i~roo' o====sft- EXHIBIT "A" r i f ATTACtB4'diT "8" TO AIRPORT LEASE AMWDMT OttiSrN6 I SOX 51 SCALE I=100' EXHIBIT "B" y i I `N 6 t AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR i THE STATE OF TEXAS f COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: ~ This. lease is made and executed this day of 19 fB/~ , at Denton, Texas, by an3-'between the Cityvof enton, a Municipal Corporation, hereinafter referred to as "Lessor", and Fox-51 Limited, a corporation of The State of Texas, having its principal offices at Rt. 1, Box 102, Denton, Texas 76205, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) In the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and k related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: 1. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN :PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING..., i A. Principlesfof Operations The right to, conduc aeronautical activities for furnishing services to the -public is granted the lessee subject to Lessee agreeing;;.-1• 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and j i 1 f F 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume e purchasers. 8. Non-Discrimination The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from M ; participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. h ~ 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from pparticipation in, denied the benefits of, or otherwise ! be, subjected to discrimination. 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of k Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effe.:tual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. C. Right of Individuals to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any a LEASE AGREEMENT/FOX-Sl LIMITED/PAGE 2 i i i x I t I~ #5, person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that. it may choose to perform. D. Non-Exclusive Right G It is understocd and agreed that nothing herein contained I shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, f U.S.C.A. E. Public Areas j 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views o_° the Lessee, k and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all s publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to leas* the landing area or any pert I thereof to the United-States Government for military 1 or naval use, and, If such lease is executed; the f provisions of this instrument insofar as they are Inconsistent with the provisions of the lease to the Gevernment, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obRtruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the -Lessor, would limit the usefulness. or safety of the airport or' constitute a hazard t,: aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of 1 any existing or future agreement between Lessor and rr the United States or agency thereof, relative to the operation or maintenance of the Airport, LEASE AGREEMENT/FOX-31 LIMITED/PAGE 3 I ~ 2~. y t i 11. LASED PREMISES Lessor, for and in consideration of the covenants an agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and land situated in take from r y Taxas, as described as described followsa Denton Coun y I A. Lend, - Property As } A 150 foot by 220 foot tract of land, being approximately boundsi outlined on metes anddrawn ls,ooo uAl having feet, therfol0.76 lowingacres, Attachment COMMENCING at the northwest corner of a tract of land as ~ conveyed to Y. F. Breen by deed recorded in VOlume 127, ISS of lying the thed Records Denton line County, of Texas FM Road ~~t 1515; i 3SO feet south to iah polntisy line of FM Road THENCE stance along the ISIS a di THENCE north along the west right-of-way line of FM Road 1515 a distance of 1,000 feet to a point; THENCE west perpendicular to said right of way lttue of FM ISIS a distance of 870 feet, More or less, to a point on the east edge cf the pavement of the north taxiway; THENCE north 13' SO' 41" west along the east edge of pavement of said north taxiway a distance of 230 feet to a point for a corner; THENCE n a 1 dis1911 tance s of perpendicular 280e feet l to the said point a edge of pavement of beginning; THENCE th 130 Sol 4111 west 260 feet east of and feet to a point for a corner; o point east THENCE n a' di1911 stance t of perpendicular 150 n feet l to to ~aid edge of pavement for corner; of east pavement feet a distance o of 220 THENCE parallel south to saids east ' edge 4111 feet to a point for a corner; LEASE AGREEMENT/FOX-51 LIMITED/PAGE 4 i i N t s F THENCE south 760 09+ 19'~ west p edge of pavement a per p to said east beginning and contalnlrgaS3 OC0 square feet feet to fhlandacmora or less, as shown on Exhibit incorporated herein by reference,~A+~' attached hereto and I property, andetheir th'eInright othean so egress i:edsaid Passage Upon the Airport reasonable regulations , the pCiropetyrly of Denton,- an surge =j fi I shall extend to Lossea$ employees, passengers, patrons Rand invites. s For the purposes of this Agreement shall mean all property located within theh matesm andrebounds described above including leASe hold improvements constructed by + k the Lessee, but not Including certain easements or property owned and/or controlled by the Lessor, i 1 B. Land - rro!perty B. A tract of lend consistingg square feet, as depicted or Exhibltf 9 '15 acres, or to an 7 incorporated herein for reference + attached hereto and metes and bounds= + and having the following COMMENCING at the northwest corner of a tract of land as conveyed to P,F, Breen by deed recorded in Volume 127, Pa a laS of the Deed Records of Denton County, Texas said 151St lying In the South right-of-way line of FM Road THENCE west along the south right-,)f-way line of FM Road 1515 a distance of 150 feet to a point; THENCE north along the west right-of-way line of FM Road 1515 a distance of 1,000 feet to a point; THENCE west perpendicular to said ri ht-of-w 1515 a distance of 870 feet, more or less, to aipo of on the east edge of the pavement of the north taxiwaypint on I THENCE north 13 degrees S0+ 4111 west along the east edge of pavement of said north taxiway a distance of 210 feet to a point for a corner; THENCE north 76 degrees + + said east edge of pavement 9a distance ofe 80 dfeetato to point for a corner] 3 LEASE AGREEMENT/FOX-5I LIMITED/PAGE 5 { V h THENCE north 13 degrees S0' 41" west 280 feet east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; THENCE north 76 degrees 09' 19" east perpendicular to said east edge of pavement a distance of 150 feet to the i point of beginning; THENCE north 76 degrees 09' 19" east perpendicular to k said east edge of pavement a distance of 179 feet to a point for a corner; THENCE south 19 degrees 07' S4" east for a distance of 336.4313 feet to a point for a corner; THENCE south S4 degrees 09' SO.9" west for a distance of { 280.401S feet to a point for a corner; THENCE south 76 degrees 09' 19" west perpendicular to said edge of pavement a distance of 140 feet to-a point for a corner; THENCE north 13 degrees SO' 41" west 340 east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; f THENCE north 76 degrees 09' 19" east perpendicular to said edge of pavement a distance of 90 feet to a point for a corner; h THENCE north 13 degrees $0' 41" west 430 east of and parallel to said edge of pavement a distance of 220 feet to the place of beginning and containing 137,357.5 square feet of land, more or less. For and in consideration of the sum of Five Hundred ($S00.00) Dollars, receipt of which is hereby acknowledged, Lessor leases to Lessee the above described Property B for a period of five (S) years commencing on the date of execution of this lease. It is expressly understood and agreed that Property B is leased to Lessee for the purpose of development by Lessee. Said development shall be contiguous with Lessee's existing property and shall be comprised of at least twenty thousand 20,000) square feet per year (development in excess of 20,000 square feet In one year may be carried over into the following consecutive year), Upon commencement of development of property within Proparty B (the drte of final appproval of plans and the issuance of a building pexmit by Lessor is deemed Herein to mean the date of commencement of development), said development LEASE AGREEMENT/FOX•Sl LIMITED/PAGE 6 1 I r properties shall immediately be considered as additions to Property A and shall be subject to the same terms and conditions of property within Property A, including but not limited to: lend rental rates as computed on a cents per square foot per year basis- term of lease; consumer price adjustments, if any; and date of commencement, as if said additions were and had been within Property A f.om the original date of execution of this lease. Should Lessee not develop at least twenty thousand I (20,000) square feet of Property B per year, including carry over from the previous year, the balance of undeveloped property j up to 20,000 square feet shall, at the end of each year, automatically be considered as an addition to Property A as if said property had been developed. Property of less than one t half acre or 21,780 square feet remaining undeveloped shall, at f € € the end of five (S) years, automatically be considered as Pro- rty A. Pcvelopable property of more than one half acre or ,780 square feet may, at the end of five (S) years, be returned ' to Lessor, provided, however, that lessee shall provide adequate taxiway and roadway access to such property. Property which Lessee and Lessor mutually agree as undevelopable may be removed from the above requirements at the erd of the five (S) year period. Lessee shall notify Lessor of its intent to develop property within Property B by written notice to the City Manager or his designee. Such notice shall be at least 30 days prior to com- mencement of development and shall include, at a minimum, a draw- i Ing and description of the site and location of the property and the impprovements thereon. Construction plans and specifications shall be submitted to Lessor in accordance with Article VIII of this lease. j C. Improvements_ Provided By Lessor: None, as there are no improvements upon the leased premises. For the purpose of this agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements ` must be described in detail above or above referenced and attached to this agreement in an exhibit approved by the Lessor. LEASE AGREEMENT/FOX-S1 LIMITED/PAGE 7 i r bf a III, TERM The term of this Agreement shall be for a period of Twenty- M five (25) years, commencing on the 1st day of April, 1986, and continuing through the 31st day of March,. 2012, unless earlier ` terminated under the provisions of the'Agreement. Lessee shall have the first right of refusal to renegotiate 1 this lease for two additional five (5) year periods at the end of the primary term of twenty-five (2S) years at a renegotiated j rental and terms mutually agreed upon by the Lessor and Lessee index.~t Lessee's regard felectionctosrenegotiateethis then cost tshall living iin writing addressed to the City Manager at lease one hundred eighty (180) days before the expiration of the primary term of { twenty-five (15) years. r IV. PAYMENTS, RENTALS AND PEES Lessee covenants and agrees to pay to Lessor, as considars- tion for this lease, pay,ionts, rentals and fees as followst A. Land Rental: The Land Rental for Property A shall commence with the sum of Two Thousand Three Hundred Ten and NO/100 Dollars s, (52,310.00) per year, payable in twelve (12) equal monthly installments In the sum of One Hundred Ninety-Two and SO/100 D and ollars ($192.S0) in advance, on or before the first day of each shallvbeyadmonth justeduunder the term and is agreement. H of Land this rental lease the terms of as describe herein, B. Lessor Improvement Rentals; None, as there are no improvements upon the leased premises. C. Payment, Penalty. Adjustments: the Ai portp Ma ager du unlessootherwisesdesignatedb in writing by the Lessor. Payments which are more than 15 days past duo shall compoundedddeil pyoy,ta for oeachedaylEorlfractionn thereof twhi h dt~e payment or fee !s more than IS days past due. The yearly rental the endd ofn eachp fivee(S) yher ears periode duringl the trea erms of this lease on the basis of the proportion that the then current LEASE AGREEMENT/FOX-S1 LIMITED/PACE 8 I ,i _ r 1 1 ' I United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S, Departmert f of Labor, Bureau of Labor Statistics bears to the February, 1986 index which was 347.0 (1967 ■ 100). The land rental amount is now based upon 07 ($0.07) cents per square foot per year for the land herein leased. These four rental adjustments, if any shall occur on the { following datesi 1 April 1, 1991 April 1, 2001 I April 1, 1996 April 1, 2006 r V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises A,essee is granted the non-exclusive privilege to engage in or provide the following, 1. Han'ar Lease and Rental. The rental or lease of hangars en anger space and related facilities upon the leased premises.' 2, _Office Spate Lease or Rental. The rental or lease of office spacein or adjoining Lessee's hangars. 3. Aircraft Store a and Tie-down, To provide parking, storage an tie-down service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without it lease or license from Lessor authorizing such commercial, retail or industrial activity. 0. Standards Lessee shall meet or exceed the following stav.dardso 1. Address, Lessee shall file with the Airport manager 1 en~Tceep current its ms+?ing address, telephone f LEASE AGREEMENT/FOX-51 LIMITED/PAGE 9 i R J 1 ,f 5 number(s) and eme contacts where he rgency, can be reached In an 2, List. Lessee shall p current file with the Airport Manager and a list of its tenants and sublessees, 3. Conduct. Lessees amp oyers snd sublessees! contractually abide by the terms of (and subiesse's require its l j promptly enforce its this agreement, invites) to I Of a default of such covenants ual. rights in sthe shall E event 4. Utllitles Taxes expenses an and Fees, Lessee shall the Premises endethe n connection with meet alI rights texesed' includinp the timely aped privilege. herein nts lawfullyplevied or , assessed nsfeesenandf asUtilities, sessm ssessme nts ~ Laws. L.+ssee shall comply with all current and futu IIraI, state and local laws re which may apply to ' rules and regulations contemplated, includin the conduct ordinances rom ulgated Y Leruslessor, °Of business keep In efpfect ' regulations and and , and Lessee shall necessary and/or requlredtllIn es or minent Place all 6, Maintenance of Pro permits. ert Lessee shall be respunsible propert ma ntenance, repair including the mldOwIng in gs,or ellmi~uresandandupkeep a all , vegetation t atlon of aImpCOYments Premises !;ea t Premises, and shllss and other free from an ' clean and in respectable conditd any obfectionable matt toner or thing, 7. Unauthorized Use of Premises, use an moto t l, ° ea ho prem sse3n or Lessee may no ee not hotel for , r the a e o a eta er u p a partment house, or fort d strj& club lion ba , retail purposes, except as COMmerc g. Dwa_ 1_li~~~ I• is expressly understood and a reed no permanent dwelling or doalcile maY built, or established on or within the premises nor may the Lessee leased ed uit, moved permitted to res des or nants, Invites, or within the leased remain as a residenteSon or premises or other airport premises, LEASE AGREEMENT/FOX•Sl LIMITED/PAGE 10 ~Ir 1 9. uit Possession, Lessee shall quit possession of all promises ease herein at the end of the deliver up the primary term of this lease o any renewal or and as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10. Hold a s srtless Lessor Lessee from shall and against indemnify all loss hold damages, including &a th, personal injury, loss of property or other damages, arising or, resulting from the operation of Lessees business in and upon the leased premises, 11, Chemicals. Lessee agrees to properly store, collect an spose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. S_ U During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying let ee. Said signs shall ba of a size, shape and design, and at . location or locations, approved by the E Lessor and in conformance with any overall directional graphics or sign program established by Lessor on the Airport, Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at Its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. V1, COVENANTS BY LESSOR Lessor hereby agrees as follows: A. Peaceful En oyment, That on payment of rent, fees, and performance o t e covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; LEASE AGREEMENT/FOX-S1 LIMITED/PAGE 11 J i i establisomentance, Lessor warrants and construction Municipal ent and o operatin esents Is complying with' h that Lessor has that in th distributed b all existing rules eretofore and said Dentof ,de governmental authority ral Aviation adm(gg stularattiionons tcrlterle to, noise ab to air atemen relatin8 t tha o end Including i; a or any and contLtiguous areas ' air ri his and e , butd ny other j essee will onnt-fllg t in lnements over Iimlted j trespass I operations r sfml]er cause legally liabla takeoffatonthe and teiceoff andover adjoining p°f action by virtue any action eof Airport; Lesaorandln,q proedur es rtY In the co urse any aerial normal sames thatl lt theftesm her warrants from said Denton of hereof unICIPAl will continue to'co~r any renewa slnor extat at w ension all ply ith the foregoing VII, SPECIAL- CONS DITS Lessor and is Less eeresslY understood following s ecia that this 14•ase and agreed b is f A. Runwa 1 terms and contlition9 reement Su feet to aetween f the S andd Ta-- - the thousand of the runwa p°un :L.at beceuse_ to limit all and taxiwa continuous Use of the P present acity and taxlin aeronautical °f the Airports Lr 03300 herein we! ht g, to aircraft activity includln herein a$reas untf] of Its fuel, of sixty an actual wei landing such time that thousand ght, tncudttng tKeoff Airport he v0 been the runway and des! '0p or he we! hts, it Improved { 0 ) pounds en fneerin further to handle gnated taxiways less, the thfs g studies agreed air¢rabesed agrees to ab that O such a on 3sive 4 clause ma , the weight restrictions on Ruallfled shall dictate, ide 11 by be ally adj such ustedaor down sn A Provisions all include Aeronautical changes or rev'!sland ons of C subcontractors that activitycofvlty~~ referred as surhestudfes lnclu as those .and its customers aRdLessee to its this clause such actlvitles which invitees, but agants Noggli an unsolicited it neither shalt not sufftelet disregard of then unscheduled controls Agreement and cause the Provisions of emerg ncY Slandin: the Alrporc thatbJeCt the Immediate termina~1s section b be might Lessee to be l of this entire result, liable for an Y damages enti tre VIII, LEASEHOLD to A. Re IMPROVEMENTS A A Ale remDrnvem_e„ntt3 Part of the consideration for the privilege herein LEASE AGREEMENT/FOX-52 LIMITED/PAGE 12 i f ~ ;s t granted, Lessee is required to and herebyraemises,toasonspecified otherwise make improvements tfol1owing: } herein, but not limiited to, the I~ 1. One aircraft hangar not less than 80 x 80 feet to size- 2. Related aircraft ramps and taxiways. to 3, Paved vehicle parsing area of a size adeq+iatc the needs of the Lessee or its tenants. service for Lessor with tentative plans the Lessee shall P remises herein leased together with a development of the entire p ecific time limits tentat ve tim a tabnoto occuredxithinr theidspevelopment• LShoul essor vel mutually ag od upon by and between Lesser and Lessee, option to cancel the lease on all non-developed ` shall have to da written notice to portions of said lease after a thirty (30) y Lessee to cure such a default. 1, reel that it shall within one Time limits, Lessee ag calendar days from the date ' ce a ghty {180) calm this Agreement, submit to the Lessor, f or approval r detailed plans and specifications for the nitial proposed leasehold Improvements* Les ospe~iEicatthat it shall either approve the plans submitted hin o Fostyfive transmit roposed Lessees days of wit receipt of the plans and specifications from Lessee, the event Lessor require Lessee revisions of the or have original plans and ecifica Sans and forty-five (4S) of th proposed crevisio saytofresubmitd the op receipt of the roval. Such approval sppecifications for Lessor's app Construction shall not be wiwithin onered eighty (180) calendar commence , of Lessor's final calendar days of Lessees receipt approval of for the Plans and completion notcilaterithan aoneshundred scheduled for completion eighty (180) days after commencement of construction 2, plans, Before commencing the construction of any Improvements, Lessee shall submit' or design work, to a, Documentation specifications, be approved ,y the Lessor, which shall establish that the improvmes bconfuilt upon the lease e p LEASE AGREEMENT/FOX-S1 LIMITED/PAGE 13 ~i A` overall size, shape, color, quality and design, in appearance a on the of the prograr, established by the b. All information required of the City of Denton Subdivision and Land Developmetit Regulations (outline of requirements are on Ile in the Airport Manager's office). c. The estimated cost of such construction. No construction may commence until Lessor, acting by its city Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed hea estimated Councilife the building be structure. Approval b Lessee's unreasonably w thheld. Should the Council fail to deny eof pions and specifications within sixushalli ben tdeemed } to the Council, such plans and specifications approved. Documentary evidence of the actual cost of construction of public areas and/or facilities shall be delivered by Lessee to Lessor's Lessee, andMLessor'srCityiManageriis hereby costs are paid by of this lease filed hereby authorized to endorse aeon s copy with the City Secretary of Lessor such actual amountcontraet shall have found to have been paid by h shall be conclusive upon all pestles for all purposes of this agreement. B. Additional Construction or improvements: Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, g and structures, that Lessor and Lessee mutually agree are necessary for use in c connection tihowever, t beforeratcomme cingorithe provided by this lease, specifications uasn pthe ecipfiedisin, Article shall V111 submit construction plans any improvements Paragraph A (Additional Requirements). C. OwPECahiD of Improvements: All buildings and Improvements constructed upon the premises by Lessee shall remain the ppessort ounder f the following conditions* terms becomes and provippsionsty of L said property 1, Removal of Building s_. No building or permanent Izture maY be removes from the premises, LEASE AGREEMENT/POX-S1 LIMITED/PAGE 14 I` I I~I r -W -war- -qNPWW- 1. f s 2. _Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any exten,tion thereof, of this lease shall autr+matictlly become the property of Lessor absoVitely in fee without any cost to Lessor. 3. Buildin Life. It is agreed that the life of the build f to a constructed by Lessee on the property herein leased is twenty-five (25) years. 4. Cancellation. Should this lease be cancelled for airy reason e.ore the end of the twenty-five (25) year term, It is especially understood and agreed that Lessor resorves the right to purchase all buildings, structures and improvements then existing upon the remises by tendering to Lessee one twenty-fifth fl/25th) of the undeprectated value of such building for each year remaining on the agreed life of such building. The undeprecibted value of all Improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lcnds money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest ii, said hangar, structure, building or improvement shall, upon default of Lessee's oblig&tIons to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term o. this lease. It is expressly understood and agreed that the right to the mortgagee referred to herein is limited and restricted to those improvements constructed with funds brrrowed from mortgagee. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon tho leased ground space for the pun ose of providing utility services to, from or ;ross the airport property or for t%e construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the LEASE AGREEMENT/FOX-51 LIMITED/FActE 15 i } ,r 'j a Utilityyservicesoon, in1 overiorounderupon anyesuchInstallation easement or the conclusion of such construction. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than forty-nine percent (491) of its stock, deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of 4 Lessor. Lessor agrees that it will not unreasonabl,- withhold its approval of the sale or sublease of the facilities for activities directly related to Lessee's activities or operation. The pr~vislons of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. Required Insurance. Lessee shall maintain continuously in effect at a times during the term of this agreement, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability covering the leased t premises, the Lessee or its company, its,personnel and t its operations on the airport. I 2. Aircraft Liability to cover all flight operations of Lessee. 3. Liability coverage for errors and omissions on the part of the Lessee or its officials. 4. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subsequent to this agreement. S. Liability limits shall be in the following minimum amounts: Personal Injury: S00,000 per person 11,000,000 per occurrence Property damage: $2,0001000 per occurrence 6, All policies shall name the City of Denton as an additional named insured and provide for a minimum of i LEASE AGREEMENT/FOX-51 LIMITED/PAGE lb i i I thirty (30) days written notice to the City prior to } the effective date of any cancellation or lapse of a such policies. 4 { 7. All policies must be approved by the Lessor. 8. The Lessor shall be provided with a copy of all such policies. XIII. CANCELLATION BY LESSOR I In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform,' keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if anr condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default Lessor has the right to purchase any or all structures on tLe leased premises under the provisions of Section VIII Paragraph C (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent Injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breath; (3) the inability of lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any operationse of governmental or authority itto having war, earthquake jurisdiction or over other casualty= or (4) the assumption or recapture by the United States Government or any authorized agency thereof the LEASE AGREEMENT/FOX•Sl LIMITED/PAGE 17 f y maintenance and operation of said airport and facilities or any subsma tial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms ' except however thr.t the use of the leased premises shall not be limited to aviation purposes, their use being only limited by f such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS 1 A. Entire A rtement. This Agreement constitutes the entire understan ng etween the pprtles and as of its effective date 1 supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Bindin affect. All the covenants, stipulations and agreements are n `shall extend to, bind and Inure to the benefit of the legal representatives, successors and assigns of the respective parties horeto. C. Severabilit If a provision hereof shall be finally declare void or llegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid: i 1. If to Lessor, addressed to: City Manager t City of Denton Denton, Texas 76201 2. If to Lessee, addressed to: Mr. F.D. Strickler Fox-51 Limited Route It Box 102 r Denton, Texas 76201 I LEASE AGREEMENT/FOX-51 LIMITED/PAGE IS 4 L V , I Notices shall be deemed to have been received on the date of receipt as shown on the return receipt, E. Headings.. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. 1 F. Governin Law. This Agreement Is to be construed In accord ance w t t e aws of the StatR of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR : SYAOA ATTEST: C43 OF ftANTONp,TEXAS RE APPROVED AS TO LEGAL FOP.ki: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. f~1" ^~I t'3 id i i i FOX-S1 LIMITED . D. S ER, R I • LEASE AGREEMENT/FOX-S1 LIMITED/PAGE 19 I ~f jj f i I THE STATE OF TEXAS S COUNTY OF DENTON S On this 7-9- day of APPit 1986, before me, the undersigned Notary Public, personally appeared F. D. Strickler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of Fox-S1 Limited, on behalf of the corporation therein named and acknowleaged to me that the corporation executed it. y WITNESS my hand and official seal. If NOTMY- FUBLLk~ SIAV'~~ ? 11 My Commission expires: 7 Kati i f I i } i A LEASE AGREEMENT/FOX-Sl 13 MITED/PAGE 10 It 1 i i i i X,5T1N6 lotw `Y t F N N13 50 220 I V• r~ 10= ?~a - rE r i GO~NS'~ SCALE i:laQ' ATTACMILUT "A" TO AIRPORT MASS AGREEIMUT BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED EXECUTED ON 1986. N 1 ' J 1 : p~ySt1N6 Foy 5 1 KT6~09+19++E 220 Ca+r tq ta. f ~ ,~36y4313~• ~ i ' SCALE = loo' ATTACID{tO? "8" TO AIRPORT LMSB AORaffi4M IM UN M CITY OF DDMN AND FOX-S1 LIMITED ON , 1986 F; P MINUTES AIRPORT ADVISORY BOARD November 10, 1987 REGULAR MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD, TUESDAY, NOVEMBER 10, 1987, AT 5:30 P.M., IN THE CITY MANAGERS' CONFERENCE ROOM OF CITY ItA'1. i MEMBERS PRESENT: All OTHERS PRESENT: Bruce Brown; Rick Svehla. Deputy City Manager; Diane Callander, Assistant City Attorney; Bruce Cardwell, Acting Airport Manager i 1. The Board considered the minutes of the regular meeting of October 13, 1987. A motion was made and seconded to 11 approve the minutes as distributed. The motion passed unanimously. III 2. The Board considered amendments to Fox 51 Lease. The City f staff reviewed the amendments. Mr. Bruce Brown expressed ffff concern about some of the amendments and asked for clarifi- cation from the Board and staff. The issue of the term of the proposed amended lease was c'iscuseed. The Board felt that the term should not be amended. Diane Callander also advised the Board she had not had time to review the amendments for presentation to city Council. A motion was made and seconded to recommend to City Council the approval of the amendments to the Fox 51 Lease as presented with the change noted about the term and with the approval of Legal. The motion passed unanimously. 3. Tie Board considered the election of Board Chairman and Vice Chairman. A motion was made to hold the election but it was not seconded because it was felt all members of the Board should be present and Rick Woolfolk was not present at this time. 4. The Board considered the Airport Manager's Report. Bruce Cardwell reported progress on eventually obtaining a monthly finance report for the Board's review, a file system for the Airport waa taking shape, tenant's list of aircraft and insurance were being received, the national advertising mailout was almost ready to be sent out, Bob Smith's junk has been sold to Mr. Bradshaw and efforts were being made to insure that Mr. Bradshaw understands that it was soon going to be removed from the Airport and if need be C;y Airport staff, the southeast corner project war out for bid, and Airport Properties sold their hangar on the south ramp. Rick Svehla updated the Board on the hiring of as Airport Manager. 1 i Airport Advisory Board Minutes November 10, 1987 Page 2 5. The Board met in executive session at 7:00 p.m. The Board reconvened in open session at 7:20 p.m. Smith andf Dave Arno Board officers with all 6. mThe embers Board considered election for Chairman. D^r Smith was elected Chairman. Gene Wright and John aected Vice nominated Chairman,foc Vice Chairman. John Carrell was el With no ►urther business, the Board adjourned at 7:35 p.m. ti r, N ~I 06460 4 r I i r 1 3 J I i I t r i i I I 1 7 1 h i rrJ J j I j 1' I w DATE: 1-27-88 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council a FROM: Lloyd V. Harrell, City Manager SUBJECT: Rental Rehabilitation Application I~ RECOMMENDATION: f staff recommmends approval I SUMMARY: This resolution will allow the CDBG staff to apply for approximately $500,000. In additional Rental Rehabililitation Program funding. The rental rehabilitation target area has recently been expanded and there has been renewed interest in the program by property owners. These funds will allow staff to begin several projects in the exparded target area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: I N/A is FISCAL IMPACT: Administration costs will be provided by CDBG funds and processing fees paid by .he property owner. There will be no impact on the general fund. i; Resp tfully submitted: ' C y Manager I 4Apared by a[ ar8 os9 Community Developret,t Coordinator ~ Approve David Ellis n Actin Executive ~~rector k for Planning and Development t ~ 7 T I i} 1645L _ RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS RENTAL REHABILITATION PROGRAM FUND FOR A GRANTS AND PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City of Denton is eligible to receive such funds and desires to apply for federal funds administered by tha Texas Rental Rehabilitation Program Fund, and WHEREAS, the City of Denton, as an entitlement city, has pre- pared a program for utilizing funds for rehabilitation of pri- vately owned rental property to be used primarily for residential rental purposes in the amount of approximately $500,0001 and j WHEREAS, the City of Denton desires these funds to support j the rehabilitation of privately owned rental property; N0!4 THEREFORE, Il BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: i SECTION I, That the city council of the city of Denton, Texas aut or zes the city manager to sign and submit to .he Texas Rental Rehabilitation Program Fund a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas author zes the City Manager to handle all fiscal and administrative matters related to the application and the assurances required therefore. SECTION III, That the City Secretary is hereby directed to forwar a certified copy of this Resolution to the Department of Housing and Urban Development. PASSED AND APPROVED this the i_ day of , 1988. RAY STEPHENSI MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTOR14EY I / / ! ; BY: (,0-/, r, i 1 i t I I j 1 i I -IF i j t, 2 20 2 L RESOLUTION NO. A RESOLUTION ACCEPTING AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION; AND PROVIDING AN EVFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for Federal Assistance dated September 9, 1986 for a grant of Federal funds for a project for development of the Denton Municipal Airport; and { WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport conzisting of the con- struction of an aircraft parking apron, construction and marking of a connecting taxiway; and construction of a 4elipad; and WHEREAS, the Federal Aviation Administration has granted the city an amount of Two Hundred Twenty-six Thousand Four Hundred Fifty and No/100 ($226,450.00) Dollars for the construction of such improvements and now wishes to amend the grant to delete the construction of the apron and helipad; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: F SECTION I. That the City of Denton hereby accepts the Grant Amendment and agrees to comply with all of the assurances and conditions contained in the Grant Application and the Grant ex cuteesucCity of Denon h agree ents, or his amendmenti hand ereby eautCity horizedManager designee 1988. ~ PASSED AND APPROVED this the day of j 1 f RAY STEPHENS9 MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY:.6L~!/ _ I r I UNITED STATCS O/ AMCRICA DCIARTMCNT OF TRANSPORTATVON r[Dtm AL AVIATION ADMINISTRATION page l of 2 Pages WASNINOTON, O. C. 00110 Contract No. DOT FA 86 SW-8149 Menton Municipal Airport Denton, Texas MICR AMENDMENT NO, I TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0067.03 WHEREAS, the Federal Aviation Administration (hereinafter « [erred to as the "FAA"1 has determined t between to be in the 1:;tertsl or the United states that the Grant Agreementhe FAA, acting for 86n i behalf of the United states, and the cit__~-°f Denton Texas 16th September _ 19_, referred to as the "Sponsor"), accepted by said sponsor on the day of i be amended as hereinafter provided. 1111 NOW THEREFORE, WITNESSETH: %hereto, the FAA on behalf the That tpartt, and the Sponsor- tontthe other part, do hereby mutually agree f that 5tateson consideration the one { United the description of the development Oincluded in the project, asmset f rthrin the second paragraph on Page 1 of the "Construct and mark Taxiway H (approximately 30' X 750'), 1 (approximately 30' X 765') and J (approximately 30' X 1,070')." rt IN WITNESS WHEREOF, the parties hereto have caused this Amendment to s d Grant Agreement to be defy executed as of the WSTATES OF AMERICA FED1AT10N ADMINISTRATION Y Title Manager, Safety and Standards Branch' (SEAL) CITY OF DENTON, TEXAS (Noma of ~ponlal By Title--- Attest: Title r T i Denton Municipal Airport i Denton, Texas Locauon Project No. 3-48-0067-03 _ Amendment No. 1 i F Page 2 of Z Pages I CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the city of Denton, Texas (hereinafter referred to as "Sponsor") do hereby certify; Y s a That I have examined the foregoing Amendment to Grant Agreement and the pra•ecdings taken by Bald Sponsor relating thereto, and find that the executiun thereof by acid Sponsor ha. been duly authorized and is In all respects due and proper and In accordance with the laws of the State of g Texas and further that, in my oplnlon, said Amendment to Grant Agree• ment constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at, , this _day of 19-85-, r Y Title t IerM 1117.4 r0. a M.111 1 k{ © $oulhwest Rep,on For, W ih, Texas 78143.0000 s USDOPOMY1 V Arkansas Lounana rXt01i0f1 New Me.,Co. Okianoma ftdnd A WWM Teas Adn *6110 JAN 6 1967 i The Honorable Ray Stephens 1 Mayor of Denton { 215 East McKinney ( Dentono TX 76201 i Dear Mayor Stephens: Enclosed are the original and one copy of Amendment No. 1 to the Grant Agreement for Alp pro~eat No. 3-48-0067-03 at Denton Municipal Airport, The amendment deletes the construction of the holding apron and helipad from the work description. The amendment should be accepted in the same manner as a Grant Agreement. i copy s is e for d the dated cityae d executed, please return ' r After h The been the original • C Sincerely, r ~ George D~ Conlsy Manager, Safety and Standerke Branch ft. Enclosure JAN - 8 1988 ill UF*~i~ri'~ .~C0>}MANACLE; Glr 3 R f i fpp r~ f A 111111 VIFFFF ~ i M I iI I DEII= i I i A-1 I 1 i I 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEAS 76201 i TELEPHONE (817) 566.820 1 E i ~ Z1FrggS~a~YM l TO: Mr. Lloyd v. Harrellr City Manager i FROMS John P. McGrane DATEI January 29, 198E SUBJECTt DECEMBER BUDGET REPORT As indicated last month, the General Fund rrevenue yeaer'aiocollectionserc Asaof of total budget, are still slightly ahead the end of December, forty-seven (471) percent of the budgeted General Fund revenues have been eltpercent rate for[ thbooked e as a oneoofathe to forty-five (451) p major areas eas of f increase is in sales tax collections, The December collections ~ were ~47r400 over the projLcted bulyeted amount. This is the second month of increased collections and, hopefully, will continue, some other areas of increased collections area k o Parking fines and meter collections are approximately ~4,00U over last year's collections. Also, birth and death certificates are 05,500 ahead. o Interest income, although significantly projected to increase in this year's budget, is six (61) percent over last year's collections as a t percentage of budget. j Other revenue areas of interest stet a, j o The County contributions for the library and for Civil Defense have been received as pcr the various ogreementat however, the City has not received its first two quarterly payments for l ambulance. It is my understanding that the Fire r` Department ha.+ invoiced the County rot the first two quarters aid we expect payment shortly, f j it 4 T I a" a. i f r F'1 ~r i y Memo to Lloyd V. Harrell January 29, 1988 Page o Police fines for moving violations are up for the same period, but are still running behind projected budgeted collections by four (41) percent, v o Collections for building and building-related ,ermits ar-i down from last years however, as a percent of budgeted totals, they are tracking about the same as last year. i o Street cuts were P22,000 up for the month of I December, but on a yearly basis are slightly behind (11) as a percent of budget for the game period. I One final area that should be noted is that, dup to Bob Nelson's diligent E efforts, we have received our franchise tax receipts from Texas Power and Light. This amounted to 61,145 and was not a budgeted item in the 1987/88 budget, The expenditures in the General Fund are up considerably as a percent of expenditure to total budget, Twenty-seven (211; percent of this year's budget ha: been spent as of December 31, 19b7. This compares to twenty-one (21%) percent for the same time period last year, Part of the reason for this increase was the extra pay period that fell in December due to the January 1 holiday falling on a Fridaye As you are aware, we have asked the departments to go back to re-examine their budgets to ensure that their spending patterns art not excessive, If I can provide any further information, please advise. r H ' John F, McGrane JFMasjo I 3139F I i F ~a '4-4-4 1 oil[ L Low IT: i i 1 Y moil i I I E' r i I e~ a 1 i ENI) 1 i i i I OF { Fl LE 1 x s i 1 ,