HomeMy WebLinkAbout03-15-1988
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AGENDA
CITY OF DENTON CITY COUNCIL
March 15, 1988
n Work Session of the City of Denton City Co:ncil on Tuesday,
1 March 1S, 1988, at 5:30 p.m. In the Civil Defense Room of City
t Hall at which the following items will be considered:
I Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:30 P.M.
1. Receive an update on the activities of the County
e Health Department by Dr. Cripe.
} 2. Hold a discussion on a request from the Denton
Independent School District for annexation of
approximately 69.097 acres of land located on McKinney
Street approximately 1800 feet east of Maylill Road.
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3. Receive a report on the revised 1988/89 Affirmative
I Action Program.
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4. Receive a briefing regarding potential legislative
priorities forwarded by the Texas Municipal League.
S. Hold a discussion regarding legislation that might
potentially affect the City of Denton and the
possibility of employing outside personnel to assist
with that legislation.
6. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Update regarding possible litigation
involving Dunninck Brothers.
B. Real Estate Under Sec. 2(f), Art, 62S2-17
V.A.T.S.
1. Discuss law enforcement/court complex.
C. Personnel/Board Appointments Under Sec. 2(g),
i Art 6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
k March 1S, 19880 at 7:00 p.m. In the Council Chambers of City
Hall at which the following items will be considered:
7:00 p.m.
1. Receive a request from the Kiwanis to place a banner
across N. Locust at Pecan announcing their annual
Children Clinic Garage sale.
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City of Denton city Council Agenda
March 15, 1988
Page 2
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2. Receive a citizen's report from Ms. Billie Johnson
regarding the sign ordinance and portable sign
regulations.
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3. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
f Listed below are bids and purchase orders to be
approved for payment under the Ordinance section f the
agenda. Detailed back-up information is attached to the
{ ordinances (Agenda Item 4.A). Consent Agenda to allow CouncilhiMembersneoidiscussdeanynitem
prior to approval of the ordinance. +
A. Bids and Purchase Orders;
4.
1. Bid 09833 - One Ton Cab/Chassis $ Suburban
` 2. Bid 09834 - Pole Treatment and Reinforcement
3. Bid 09835 - Herbicides 6 Insecticides i
B. Plats and Replats
1. Consider approval of preliminary and final
replat of Lots 16 and 17 to Lab 17R, Block
H, of the Forrestridge Addition, Section
III. (The Planning and Zoning Commission
recommends approval.)
2. Consider approval of preliminary
Redmon III Addition, Lots 1 and 2,aBlock 1.
(The Planning and Zoning Commission
recommends approval.)
3. Consider a
p7roval of preliminary and fines
ofpltheofSouthr: t LSubdivision, 1 Section I
(The Planning and Zoning Commission
recommends approval.)
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City of Dentun City Council Agenda
March 15, 1988
Page 1
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t C. Final Payments
1. Consider approval of a final payment to
Jagoe Public for Lillian Miller project and
the right turn lanes at Lillian Miller and
I I1S - Bid #9752.
4. Ordinances
! A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works cr improvements.
C. Consider adoption of ar. ordinance establishing
rates for commercial sanitation collection I
services as authorized by Chapter 12 of the Code !
of Ordinances of the City of Denton.
D. Consider adoption of an ordinance establishing
rates for the use of the City's sanitary landfill
site as authorized by Chapter 11 of the Code of
Ordinances of the City of Denton.
E. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement with the
Architectural Collective Inc. for professional
architectural services relating to the expansion
of the Municipal Laboratory.
F. Consider adoption of an ordinance authorizing the
execution of a supplement to the agreement
! between the City of Denton and the Texas
Political Subdivisions Workers' Compensation
Insurance Fund.
G. Consider adoption of an ordinance authorizing the
Mayor to execute a contract with Employers Claims
Adjustment Services, Inc, for professional
services for claims administration.
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H. C
issuance onsider adoption of an ordinance authorizing the
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Obligations and all other matters incident Contractual
related thereto.
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City of Denton City Council Agenda
March 15, 1989
Page 4
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1. Consider adoption of an ordinance amending
Article I of the Chapter 21 "Streets and
Sidewalks" of the Code of Ordinances of the City
of Denton, Texas by the addition of a new section
prohibiting solicitation from the occupants of
vehicles; and providing a maximum penalty in the
amount of $S00.00 for violations therefore.
N J. Consider adoption of an ordinance accepting the
proposal of Arkwright Insurance Company for fire
and extended insurance coverage for the City's
power plant.
S. Resolutions
I A. Consider approval of a resolution accepting the
Minute Order Number 86816 adopted by the Texas
Highway Commission regarding improvements to U,
5 S. Highway 77, from Interstate Highway 3S-N to
U.S. Highway 380; agreeing to budget and provide
for the cost of right-of-way and utility
adjustments and $1,0009000 toward the cost of
r~ construction and other conditions. +
-r~ B. Consider approval of a resolution temporarily
closing Sycamore Street from its intersection
with Avenue C to its intersection with the
entrance of the parking lot adjacent to McConnell
Hall for the purpose of a street dance to be held
April 14, 1988.
1 6. Miscellaneous matters from the City Manager.
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
' D. Board Appointments
8. New Business:
This item provides a section for Council Members to
I suggest items for future agendas.
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City of Denton City Council Agenda
March 15, 1988
Page 5
9. Executive Session:
A. Legal Matters Under Sec, 2(e), Art. 62S2-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
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C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin at the Cit Hal of the City o ton, Texas,
on the day of , 1988 at o'clock
(a.m.) p.m.
CXFY SECRETARY
2881C 1
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AGENDA
CITY OF DENTON CITY COUNCIL
March 15, 1988
Work Session of the City of Denton City Council on Tuesday,
March 1S, 1988, at 5:30 p.m. in the civil Defense Room of City
i Hall at which the following items will be considered:
I Note: aAny lso be considered thasAgpar t of ththe e Agenda forn the
Regular Meeting.
5:30 p.m.
1. Receive an update on the activities of the County
Health Department by Dr. Cripe.
2. Hold a discussion on a request from the Denton
Independent School District for annexation of
approximately 69.097 acres of land located on McKinney
Street approximately 1800 feet east of Mayhill Road.
3. Receive a report on the revised 1988/89 Affirmative
Action Program.
4. Receive a briefing regarding potential legislative
priorities forwarded by the Texas Municipal League.
S. Hold a discussion regarding legislation that might
potentially offf employing e City opersonnel and the
outside
with that legislation.
6. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 !
V.A.T.S.
t 1. Update regarding possible litigation
involving Dunninck Brothers.
B. Real Es'.ate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
1. Discuss law enforcement/court complex.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
March 15, 19880 at 7:00 p.m, in the Council Chambers of City
Hall at which the following items will be considered:
7:00 p.m. {
Pethe can Kiwants to
l Receive request
announcing place
ocust at from
across N. L their annual
Children Clinic Garage sale.
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City of Denton City Council Agenda
March 15, 1988
Page 2
' 2. Receive a citizen's report from Ms. Billie Johnson
regarding the sign of ir,,nce and portable sign
regulations.
3. Consent Agenda:
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Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agend, item 4.A). lhis listing is provided on the
Consent Agenda to allow Council Members to discuss any item
1 prior to approval of the ordinance.
` A. Bids and Purchase Orders:
1. Bid #9833 - One Ton Cab/Chassis 6 Suburban
2. Bid 09834 - Pole Treatment and Reinforcement
3. Bid 09835 - Herbicides f, Insecticides
B. Plats and Replats
1. Consider approval of preliminary and final
replat of Lots 16 and 17 to Lot 17R, Block
H, of the Forrestridge Addition, Section
III. (The Planning and Zoning Commission 1
recommends approval.)
2. Consider approval of preliminary plat of the
Redmon III Addition, Lots 1 and 2, Block 1.
(The Planning and Zoning commission
recommends approval.)
3. Consider approval of preliminary and final
replat of part of Lot 1 to Lot 1R, Block 2,
j of the Southmont Subdivision, Section I.
(The Planning and Zoning Commission
recommends approval.)
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City of Denton City Council Agenda
March 15, 1988
Page 3
4
! C. Final Payments
1. Consider approval of a final payment to
Jagoe Public for Lillian Miller project and
j the right turn lanes at Lillian Miller and
I 135 - bid #9752.
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4. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting I
competitive bids and providing for the award of
1 contracts for public works or improvements.
ti
C. Consider adoption of an ordinance establishing
rates for commercial sanitation collection
services as authorized by Chapter 12 of the Code
of Ordinances of the City of Denton.
D. Consider adoption of an ordinance establishing
rates for the use of the City's sanitary landfill
site as authorized by Chapter 12 of the Coda of
Ordinances of the City of Denton.
E. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement with the
Architectural Collective Inc. for professional
architectural services relating to the expansion
of the Municipal Laboratory.
F. Consider adoption of an ordinance authorizing the
execution of a supplement to the agreement
between the City of Denton and the Texas
Political Subdivisions Workers' Compensation
Insurance Fund.
G. Consider adoption of an ordinance authorizing the
Mayor to execute a contract with Employers Claims
Adjustment Services, Inc. for professional
services for claims administration.
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H. Consider adoption of an ordinance authorizing the
issuance of City of Denton Contractual
Obligations and all other matters incident and
related thereto.
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City of Denton City Council Agenda
March 1s, 1988
Page 4
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1. Consider adoption of an ordinance amending
Article I of the Chapter 21 "Streets and
Sidewalks" of the Code of Ordinances of the City
of Denton, Texas by the addition of a new section
prohibiting solicitation from the occupants of
vehicles; and providing a miximum penalty in the
amount of $500.00 for violations therefore.
,
J. Consider adoption of an ordinance accepting the
proposal of Arkwright Insurance Company for fire
and extended insurance coverage for the City's
power plant.
S. Resolutions
A. Consider approval of a resolution accepting the I
Minute Order Number $6816 adopted by the Texas
ti Highway Commission regarding improvements to U. `
1 S. Highway 77, from Interstate Highway 35-N to
U.S. Highway 380; agreeing to budget anO. provide
for the cost of right-of-way and utility
adjustments and $1,000,000 toward the cost of
construction and other conditions.
B. Consider approval of a resolution temporarily closing Sycamore Street from its intersection
n
with Avenue C to its intersection with the
entrance of the parking lot adjacent to McConnell
Hall for the purpose of a street dance to be held '
April 14, 1988.
6. Miscellaneous matters from the City Manager.
7. Official Action on Executive Session Items:
A. Legal Matters r
B. Real Estate
C. Personnel
D. Board Appointments
8. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
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City of Denton City Council Agenda
March 1S, 1988
Page S
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i 9. Executive Session:
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A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(fArt. 6252-17
V. A. T. S.
C. Personi:el/Board Appointments Under Sec. 2(g
Art 6252-17 V.A.T.S.
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j C E R 7 1 P I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, 'texas,
on the day of , 1988 at o'clock
(a.m.) p.m. r
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CITY SECRETARY
2881C
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WYO/DENTON~ TEKAS MUNICIPAL BUILDING / DENTON, TEXAS 78200 / TELEPHONE (817) 088.8907
Office of 1114 CIIV Manso")f
M F M O R A N D U M
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TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE! March li, 1988 { SUBJECT: Back-up for Agenda Item tl - 5:30 p.m,
lf4`{ Dr. Cripe will give the Council an update during the work
sessi,)n. No formal materials were submitted.
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1 DATE: 03/15/88
i CITY COUNr,1L REPORT FORMAT
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1 TO: Mayor and Members of the City Council s,
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! FROM: Lloyd V. Harrell, City Manager
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SUBJECT: DISCUSSION OF REQUEST OF DENTON INDEPENDENT SCHOOL DISTRICT FOR
p ANNEXATION OF APPROXIMATELY 69.097 ACRES OF LAND LOCATED ON
MCKINNEY STREET APPROXIMATELY 1,800 FEET EAST OF MAYHILL ROAD
RECOMMENDATION:
Staff recommends proceeding with the annexation. The City Council
may wish to consider two other options:
Option 1 - Annex the property in question plus the property to the
E west between McKinney Street and Mills Road or;
Option 2 - Annex the area previously defined as part of the pocket
annexations which includes approximately 1,174 acres and
would close the city limits between U.S. Highway 380, ,
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Mayhill Road, McKinney Street, and Lake Lewisville.
SUMKARY:
1
The annexation is requested by DISD and is the location of the new
I J high school. The property to the east was annexed in 1983.
BACKGROUND:
The City has annexed several parcels in this area since 1983. The
property described in Option 2 above includes scattered residences,
farms, and mobile home parks.
s;
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Planning and Engineering Departments
FISCAL IMPACT.,
The fiscal impact will be determined if Vie Council procaeds with
the annexation.
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~ Respect y submitted:
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Prepared by: L oyd arrell
P - City
CA page r
( _ Lt l~h~ti,Li
Cecile Carson
Urban Planner
( APP ved:
rrsnk H. obbins
Executive Director for
Planning and Development
19883
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ANNEXATION
5 LEGEND i
OPTION 1
i OPTION 2 is
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DATE: February 1988
CITY COUNCIL REPORT FORMAT
TO:
v Mayor aid Members of the City Council D
FROM: Lloyd V. Barrell, City Manager n7~rj
SOBJECTi Revised 1988/89 Affirmative Action Program RECOMMENDATION:
Based upon input from Department Directors and Division Managers, we
are recommending City Council approval of the revised 1988/69
` Affirmative Action Program,
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SUMMARY:
One of the City's Affirmative Action Program goals states that the
program is to be updated and revised on alternate years. Fiscal
year 87/68 falls within that
cycle. The program manual consists of
five sections and an appendix. Although the entire manual was
revised and some changes were made in each s7ctlon, Sections It and
III received special attenU.an to strengthen our overall In-house
programs over the next tvo years.
i Section II begins on
page 19. Table I the statistics), makeup of the workforce oforhDenton oCountyabasedoon
1980 census data as well as an analysis of City of Denton work
force. Table II provides a utilisation analysis of each job group,
Table III focuses on the utilization of the work force by department
and by division,
Tables II and III were added to give departments additional feedback
on their contributions to the overall City workforce,
Section III begins on page 29 with a statement or the overall goals
of the City's Affirmative Action Program. This section to comprised
of nine objectives. Each objective consists or one or more action
i steps designed to carry out the stated objective,
The primary changes for Objective to page 30 are as follows:
Design of a systematic process through which the
City's strong commitment to EEO and Affirmative, Action
is communicated. One critical element of this process
k is to include a section of responsibility in each
I manager's and supervisor's formal performance
evaluation.
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Report Format
Page 2
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Objective 11 on page 31 deals with the internal communication of the
City's Affirmative Action Program. Changes are as follows,
An annual reprrt of the progress of the dissemination
of information to the Executive Committee
Conduct special meetings with all supervisory staff to
re-orient them to the Affirmative Action program and
brief them on revisions
- To solicit input from City employees through the
Affirmative Action Advisory Committee
d Objective III, page 34, speaks to the internal communication of the
City's Affirmative Action Program goals. This objective was left
unchanged.
objective IV, page 36, focuses on the City's recruitment and
selection efforts. Major additions to this objective are:
To develop television and radio advertising efforts p
targeted to female and minority groups
- That advance notice of Civil Service orientation
sessions be publicized in the local newspaper
- To make special recruitment trips to targeted
female/minority locales
Objectivt V, page 38, addresses supervisory and employee training
and development recommendations. Important changes are: a
z
That all level supervisors be required to attend
training programs that will enhance their
interviewing, supervisory, and harassment prevention
skills
That all professional and supervisory staff be
required to attend EEO Awareness and Harassment
Prevention programs
- Ensure that employees in public contact positions
receive customer relations training that focuses on
improving minority relations
Objective Vi, page 10, focuses on the process utilized by the City
to monitor progress of the City's Affirmative Action Program. The
changes are as follows:
Utilization of the Affirmative Action Advisory
Committee in monitoring and reporting the City's
progress in meeting the goals and objectives of the
Affirmative Action Program
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Report Format
Page 3
- Conduct semi-annual meetings with managers and
supervisors to apprise them of the progress of their
individual efforts in meeting the goals and objectives
of the City's Affirmative Action Program
Objective VII, page 42, is a new addition to the program. The
purpose of this objective is two fold:
- To develop a program designed to groom targeted
females and minorities for upward mobility
- To initiate a program that will emphasize
female/minority hiring preference in
under-representative departments
Objective VIII, page 43, deals with the elimination of artificial
barriers in job qualifications, testing and hiring practices. The
changes are as followas r
1
- Ensure that all testing procedures are job related
Conduct semi-annual meetings with supervisory staff to
1 review their departments' status on minority and
female hiring
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Objective IX on page 44, focuses on the City's problem solving
policy. The main goal of this policy is to provide a process that
employees can access for working through problems or concerns they
are experiencing.
,x BACRG_ROUNN
1 '
3 The City's original Affirmative Action Plan was adopted by Council
on April 7, 19814 Since that time it has evolved from a plan to a
viable program that is updated on alternate yoars. Each time the
program is updated it is with the thought in mind that it must
reflect Council's and management's commitment to ensuring that all
' citizens are afforded an equal opportunity at employment with the+
City. Additionally, affirmative action is to be taken to ensure the
City's labor force is reflective of the available county labor force.
P,ROCRAM$, DEPARTMENTS OR GROUPS AFFECTEDs
All departme `s and divisions with a labor force that is
under-utilizing females and/or minorities must take affirmative
action to change past hiring practices in order to influence the
make-up of their labor force and make it more reflective of the
available labor force.
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Report Format
Page 3
FISCAL IMPACT:
None
Respectfu submitted:
U
Lloyd Y Sarrell
Prepared by: City Manager
M1 n
op G ajard
Personnel Specialist
Approved: i
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Thomas K. I nck, actor
Personnel/Employee Relations
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WY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 70201 / TELEPHONE (817)688.8307
O/I,ce of tho City Msneger
M E M O R A N D U M
TO: Mayor and Members of the City Council
4
FROM. Lloyd V. Harrell, City Manager
DATE: March 10, 1988
f SUBJECT: TML Questionnaire
3
Attached please find a copy of the questionnaire we received
from the Texas Municipal League regarding Civil Service
issues. Please review this questionnaire prior to Tuesday
night's meeting as we will be discussing it at the work
session, Staff will be meeting Monday to formulate
recommendations for the Council and will present those
recommendations at the work session,
qfy,". If you have any questions, please call,
A
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400d Harrell
City Manager
iw
2883C
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T E X A S
%%L'\ICIP.~t. LEAGUE
March 1, 1988
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MEMORANDUM
TO: Honorable Ray Stephens, Mayor, Denton
FROM: TML Staff
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SUBJECT: April 7 Meeting of Fire/Police Civil Service Cities
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In an earlier memo, we asked you to mark your calendars for an April 7 meeting
In Austin. On that day, representatives from all Chapter 143 (flrelpolice civil
service) cities will meet to discuss TML's approach to civil service Issues In
the 1989 legislative session.
t The meeting will begin at 1:15 p.m. at the Hyatt Hotel at 208 Barton Springs
Road In Austin.
To assist the Civil Service Steering Committee in preparing for the meeting, we
ask that you review the attached material and comploAe the questionnaire on the
yellow sheet (the final page).
Please tdgln by reviewing all the proposed revisions to the civil service law. r.
These proposed revislons are listed on the blue sheets; they were complied by
the steering committee based on surveys sent to all civil service cities. In
some cases, the wording of a proposed revision comes directly from a completed i
survey. In other cases, the wording Is a composite of the suggestions from two
or more cities and was unanimously agreed to by the steering committee
members.
After you have reviewed the blue sheets, please complete the yellow sheet.
Using the numbers assigned to each proposed revision, please list In rank order
your city's top ten civil service revision priorities.
For example, If allowing police departments to hold examinations at multiple
locations Is your top priority, you would place an "11" In the first blank on
the yellow sheet, since that proposed revision is A11 on the blue sheets.
Continuo ranking your priority Issues using the same method.
Please submit only one yellow sheet from your _city.- This means that you will
want to meet with all appropriate members of your saff to complete that single
yellow sheet.
•tiTK>,'i~.~sui~'~ ~s~eel ~ o .1'K+IL'N'~b:1b(ef Mtan~Mirch 25...1988.
211 East Seventh, Suite W20 a Au.tin, Texas 78701.3283 • (512) 478.6601
1!
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The staff will then tabulate the responses, and the composite ra klnthe ill be 7
topic of discussion at the April 7 meeting. A complete agenda for
meetinq will be available when you arrive at the meeting.
If you have any questions, please call Mary Rinaldl, Legislative Associate, at
(512) 478-6641.
We look forward to seeing you on April 7.
1 cc: Lloyd V. Harrell, City Manager, Denton
Thomas W. Kllnck, Director of Personnel, Denton
Michael Jet, Chief of Pollee, Denton
John Lee Cook, Jr., Fire Chief, Denton
Debra Drayovitch, City Attorney, Denton
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Proposed Revisions to
Chapter 1113 of the
Local Governmarnt Code
(Fire lPollce Civll Service)
1. In Section 143.003, provide that Chapter 143 provisions sdo not extend to
civilians hired by the department.
2. In Section 143,004, provide that the adoption and repeal requirements be'
conslstent.
3. In Section 143.00(c) (S), provide that a person appointed to the Commissloq--
must not have held a public office within the p;,eceding year.
4. In Section 143.009, Identify specific investigations and inspections which'
can be undertaken.
S. In Section 143.014 and Section 143.102 (relating only to Houston), provide
that lateral entry to appointed levels be allowed.
6. In Section 143.014 and Section 143.102 (relating only to Houston), expand
the number of appointments to ranks below chief 1u both fire bid politer ,
7. In Section 143.014 and Section X43.102 (relating only to'.Houstor.), prov,!WW~:
that the number of police and fire appointments be consistent. ,
4. In Section 143.014 and Section 143.102 (relating only to Houston), expand
the number of positions allowed by appointments.
9. In Section 143.015, provide that appeals from the commission to district
court be limited to indefinite suspensions or demotions.
10. In Section 143.023, provide a local option exception to the 36-year' age
reepitrement for police and fire departments.
11. In Section .143.025, provide that police departments may hold exams at`
multiple locations. i
12. In Section 143.025, provide thdt veteran preference be eliminated or added
only if the candidate obtains a passing score,
13, In Section 143.025, provlda additional assessment crlter!a for selection
(e.g., written, oral, physical, n9Illty, etc.).
14. In Section, 143.026, allow for affirmative action plans to be Implemented r
with the approval of the Commission to fill beginning positions.
1S. In Section 143.026, provide that the chief executive or his/her deslgnee
can perform' the chief executive's duties under this section.
16, in Sectlon~ 143,027, provide that the probatlonary period begin oneyear
' from the date,o licensing or'ferffficallon.
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17. In Section 143.028(a), provide that the 4-year service requirement app ie~
to promotion to "the first supervisory level," not captain or equivalent.
18. In Section 143.028(x), provide that to be ellgibia for promotion afire
fighter must serve two years Immediately before the date the promotional'
examination Is held.
19. In Section 143.029, provide that the Commission be allowed to estsblldhr
additional promotional standards or criteria than those specified In this
14
section.
f,
20. In Section 143.030, provide that at local option the Commission may rout's
up to 5 years of continuous employment Immediately, prior to test date; elf' ''F'a
21. 1n Section 143.031, provide that at local option the Commission may requ rE
up to S years. of continuou:han'g'e employment Immediately prior to test date.;
22. In Section 143.032(d)(2), r "hat been made reasonably avallabte'Wi 0
"is reasonkIV,'avallrble."
23. In Section 1:3.033, provide that at local option the Commission may
the score for passing and may use performance evaluations. 1
24. In Section ,143.033,' abolish the 301 rule. '~kct+4 aM
15. In Section 143.0)3, provide that the employee be required 'to pas T~l
promotional exam before receiving seniority points.
26, In Section 143.03S, provide that the alternate promotion system app1 le8;146 fire departments as well as police departments.
17, In Section 143,305, provide that'the Commission or legislative body be,~
authorized lo,approve Implementation of alternate promotion systems.
28, In Section 143.036(d) and In Section 143.108(b) (relating only to Housloh) v
change from 90 days to 120 drys the time allowed for the Commission t4o~d
an examination to create a new, eligibility list when an etigibllfty~ s{ q.`
does not exist on tt:e date a vacancy occurs or a new position Is cre6
29. In Section 143.036 and in Section 141,108 (relating only to Hour on
~n'
provide that the department head may appoint any one of the top,th'ree+,
persons on the eligibility list, mt necessarliy the person having`,.G*4,`
hlghest grader
304 in Section 143.038 and in Sectio[i 143.111 (relating only to Houslo'ri},` ,
require that the designee mutt serve 30 continuous calendar days.6ij 6'?=
being eligible for the base valary of a higher position.
31. in Section 143.041 and in Section 143.110 (relating only to Houston),
authorize performance pay or merlt pay as salary. supplements. +
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32. In Section 143.o4S, provide that a fire fighter or police of War m~st
serve a minimum of six years In good standing before being entitied to .
receive the benefits provided for under subsection (el.
~r 33. In Section 143.046, provide that at local option the commission may
F determine the number of vacation days allowed.
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34. In Section MASI, provide that the grounds for removal or suspension may
include but need not be limited to those listed in this section.
3S. In Section 143.052(h) and in Section 143.117 (relating only to Houst6,")# `
change the dale of discovery to one year as opposed to 180 days. , ,
1 1
36. to Section 143.052(c) and in Section 143.117(b) (reiating,only to Hotly
change the time required for a department head to file notice of sus apron .
N with the Commission from 120 hours to S business days,%'.
37. In Section 143.053(f) and in Section 143.118(b) (relating only to HoUsEon),
provide that the Commission be allowed to Increase the level of diterplrnir.'
38. In Section •143,453 and In Section 143.118 (relating' only to Houston)."~
provide that witnesses be paid by, the party requer'.:,io'the subpoena: f
39. In Section ' 143.054, provide that the demotion process and suspen!fOn,'.
process be consistent* 40. In Section 141.055, extend uncompensated duty provi • pns to fire epsrsr
ments and consider this section't relationship to exiifing•FLSA; eghla~
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tlons. 4~1~a
41. In Section 143.057, abolish the use of hearings examiners.
42. In Section 143.057, provide that hearings examiners will be usefor
limited purposes: cases of , demotion, Indefinite suspensions or_-
~ X 4~"
disciplinary action of 10 days or, more. q
43, In Section 143.057, provide that cities may appeal, the arblt at s-
decision to district court.
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44. In Section 143.057, provide that unless mutually agreed tpon by`~belFt
parties, the hearings examiner shall conduct the hearing within 60,days
from the date the appeal is flied with the Commission. Should'.the
i examiner fail to conduct the hearing within 60 days,' the Commissiont'ihsll A
conduct the.' hearing not later than 90 days from the• date of the :appeal.
being filed.,.
45. In Section 143.057, provide that the grounds for appeal to distrlct court
Include that the order Is unsupported by competent material and substantial
evidence on the whole record.-.',
46, In Section 143.073, subsections_ (a) and (b), clarlfy_,that the, •ono year
leave of absence authorized under this section is defined as one calendar
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year from the date of Injury
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47. In Section 1143.073, provide that at the time of ter'alnatlon or refit a Yr
payment of accumulated sick leave is limited to 90 days, ',*w
e, - w r , ,
4i. In Section 143.073, subsection (b), provide that' at6 end of one~yF~,
leave of absence, a person shall retire on pension until being ab10 r 4'
return to duty if the other crHerla In this subsection have been met, y
.'egrt,t'
49. In Section 193.074, provide that the Commission may develop "re turn
work" criteria after disability funding Is completed.;,
S0. In Section x143.011, provide that if there Is a t{ildlnQ that an emp1oy44, 'I 1s w ,
physically or mentally unfit to continue his/her dutletll'the.re shall be f r~t{
cause for termination.
S1. In Section MOM provide that the date of discoJer be extended b0,'an~' `
year as opposed to 6 months. GtG +iP
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TALLY SHEET
Using the numbers assigned to each proposed civil service revision enumerated
on the blue sheets, please list below In rank order your city's top ten civil 6
service revision priorities. I
i For example, If allowing police departments to hold examinations at multiple
locations Is your top priority, place an "11" In the first blank on this sheet,
since that proposed revision is Oil on the blue sheets.
Our City's top ten civil service priorities are:
1.
2.
3.
4, Name:
~ i
S. Title:
6. City:
7
R.
" 9.
10.
PLEASE RETURN THIS SHEET TO TML NO LATER THAN MARCH 251988,
If you have any questions, please call Mary Rlnaldi, Legislative Associate at
I (Sill 478-66014
_i
Return to:
I Mary Rlnaldi
Legislative Associate
Texas Municipal League
211 East 7th Street, Suite 1020
Austin, Texas 78701-3283
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7020 f / TELEPHONE (817) 000.8307
Office of the City Manager
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M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: March 10, 1988
i
SUBJECT: Lobby Issues for the Next Legislature Session R
,w On February 199 1988, I requested the Executive Staff to 1 [
" identify legislative initiatives that the City would like to
see undertaken during the next session relative to Denton.
These issues could then be looker) at in terms of possibly `f
retaining a lobbyist to represent the City of Denton. Three
a` issues were suggested by staff and are attached for your review.
s If Council considered these issues important enough, staff
would investigate the possibility of employing personnel to
further Denton's cause. Procedures for soliciting interest and
for the selection process will need to be discussed so that
staff can return to Council with specific recommendations.
°
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)yd V, Harrell
City Manager
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Lloyd V. Harrell, City Manager
FROM. Debra A. Drayovitch, City Attorney
SUBJECT: Lobby Issues for the Next Legislature Session
DATE: March 9, 1988
Pursuant to your memo received February 23, 1988, below are
listed the two legislative items which I feel are critical to
Denton`s interests in the next session:
(1) Amendment of the Indigent Health Care and Treatment f
t ; Act to clarify that the City should not be
responsible for indigent care.
(2) Amendment of the Act which created the Lakeview
Utility District to provide that purchasers of
property located within the District will be given
'a written notice, prior to purchase, thr.t the property
is within a utility district and subject to an
additional tax.
course many to the
There are of ~a
City but are of equal concern to issues h cities o thorough concern out the
2 state.
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CITY of DENTON / 215 E. McKinney I Denton, 7e%e9 76201
i MEMORANDUM
f DATE: February 19, 1988
TO: Executive staff Members
FROM, Lloyd V. Harrell, City Manager
SEVENTY-FI^ST STATE LEGISLATIVE SESSION
SUBJECT. LOBBYIST FOR
I
4 ~
At its February 16 meeting, the City Council requested
information for a future study session discussion concerning
the potential benefit of retaining a lobbytet to represent the
City of Denton during the next legislative session.
Our Executive Committee can help the Council work through this
issue by identifying legislative initiatives we would like to
see undertaken which relate soci!!c llv to Denton and a few
other communities with like situations. An example would be,
the Indigent Health Care Bill. Initiatives that are likely to
be hand Led by TML because of their general applicability should
not be considefeds the idea is to complaisant and not duplicate
TKL efforts.
pleas considerable thought to issues related to your
are `of to gnsibility, and provide as with a list and
bar round mat ial suitable for Council presentation no later s
j th March 4. T ank you, a
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Lloy V. Harrell
1976)/2
FEB~?1988
CITY OF DE';
LEGAL. DE r
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C)TY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8171566.8260
} TO: Lloyd V. Harrell, City Manager
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FROM: John F. McGrane, Executive Director of Finance
i DATE: March 11, 1988
SUBJECT: MUNICIPAL TRANSIT AU'Iri•inITY SJ.LES TAX i
The 69th Texas State Legislature provided legislation to allow communities to 3
assess an additional 1/41 to 1/2t sales and use tax for transit authorities, ;
In order to be able to assess the additional tax, an election would have to be
called, In addition, there are a number of qualifying hurdles that have to be
met prior to the ability to asp;ess the tax. In discussing the issue with the
State Comptroller's office, their feeling was that the primary disqualifying
aspects of the legislation that would apply to the City of Denton are as
follows:
1, For a municipal t,~+nsit district to be established, a city
has to have a popuL,.tion of 56,000 or more according to the
last Federal censure The 1980 Federal census listed the City
of Denton's populat!on at 48,063.
2. Cities that are within a county that has all, or a portion,
of their county served by an existing H.T.A. would not be
allowed to impose the additional tax. There is a possibility
that, since Dart services a very small portion of Denton !
County, the City of Denton could not impose the additional
sales tax.
It would be helpful with the next State legislature if we could try to amend j
the legislation so that the City could call an election for the imposition of
the additional sales tax if it so desires.
If you need any additional information regarding this matter, pleat^ advise.
J McGrane
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MAR J! 100
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Adami&Associates
March 2, 1BO8
Mr. Lloyl Harrel
City !Manager - City of Denton i
216 E. McKinney
Denton, Texas 76201
E!E RF: Placement of Kiwanis 10th Annual Garage Sale Manner.
i
t' t Dear Lloyd,
1 am writing to request placement of the lUtb annual Kiwan.ie.
Children Clinic Garage sale display banner across North Loctizt,
at the intersection of Pecan.
The Kiwanin Club would like to have the banner approved 10 d;,5
before the event to be held on April 16417th. 1 WoUld yety M"Ch
appreciate you giving us a call at 50"-94302 to verify aplar"t,al.
j The Kiwanis Club is very grateful to the City of Down helulnt;
us with our events. I would like to thank the staff personally i
for the help they provided for last years "garage scale" banner. 1
Hopefully this time we will not have 00 mile an !sour winds r
playing havoc wit% the banner.
Again, I would like to thank you and extend an in0 latian Icl
visit Kiwanis in action.
11 r` F1 ,
Ill J n S. Adami
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Commercial Real Estate 625 Dallas Drlre, Suite 500 Denton, Texas 76205 (817( 565.9902
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CITY"ENTOAVEXA$ MUNICIPAL BUILDING /DEN TON, TEXAS 7020! / TELFPJIONE (817) 560-8,70;p
Office of 1A0
` Gfy manager
fl M E M O R A N D U M
1
TO: Mayor and Members of the City Council
FROM:
Jennifer Walters, City Secretary r
' DATE:
March 11. 1988
SUBJECT: Back-up for Agenda Item 2
- 7:00 p.m, s
T t
Mrs. Billie Johnson came
to discuss in and requested to
the portable sign ordinance, be Placed on the agenda
' regulation which restricts one Her objection is the
the
feet to one premise or Portable sign greater than 25
Hrs. toh two 25 square feet or less to one premiae~re i
business is located in Denton S.I. which is considered
j' to be one premise due to the way it was platted. Sh e feels that
every tenant should be allowed a portable sign.
I I have included that portion of the sign ordinance which deals with
portable signs for your review.
C
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6. Revocation of Permit A als, the Building Official is
} heeeay granted the power to revoke any and all sign permits for
violation of any provision of this article. Any permit holder
wishing to appeal the decision and order of the Building Official I
! revoking a sign permit, may appeal the sap to the Board of I
Adjustment in aeeordanee With the 14W5, ordinances, regulations
and procedures governing other matteca appealed to the Board. S}
C. PORTARLS SIGNS '
1. Itegulationr APPILoacle to all Poctaole Starts. in addition
to all other applicaole provisions, the following regulations snail
apply to all portable signs in all aching distrlctes
(a) Plu hln, ti hte Pcohlolted. No portable sign shall oo
uses so as to mace use o any flasaing or intermittent
lights on or In conjunction with such sign.
(b) Signs Anchored. All portable signs used for advertis-
poe, when not in transit, shall am securely
nq pug u
snenored, so as to prevent overturning ')r unsafe move-
ment, the sufficiency of such anchorage to be determined
by the Building Official.
(a) xiaum $Ist, No portable sign snail be used fog
vest a hq which is in excess of 72 equate feet of
effective stage
2. Number of On-Premise Portable Signs Limited. No person
shall place, erect, uintaih or mare u:: of, at any one time, on
any one premise, more tnan two (2) on-premise portable signs for
purposes of advertising of an affective aces of 2S equare feet or
less, cc mote than one (1) on-premise pottaole sign for purposes
of advertising of an effective +rea of mote than 25 squaca flat.
7. Regulation of Off-Premise Portable Signs. Tne following
regulations shall apply to all off-premise portable signs used fog
advettisingr
(a) Number Limited. NQ-,Qarson snail *fact, maintain or Make
use o mote than off-premise portable signs at any
one time to advectise, identify of otnecwise give War-
motion relating to the business, activity, event,
product cc service, whatnot one cc note, located at any
one bosinasr, stage or commercial estaalishmant. se a (b)ong. No parpon snal~`ta oii sign w~ltnln 250 fail
n of
mna n an a f- remise
PAGE 9
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anotnet off=pranise portable sign. In computing the
} spacing requicament, ens 4easursmant snail as ,{ado
parallel to the nearest curb line and on the seas
side of the street.
j (a} den Lta on. Tne owner of an off-presise pottsole {
• gn a a cause loan sign to be conspicuously
labeled Orn susner d with too owners name, address and
I (d) Register To Be Lest, every sign owner placing, using
! or maintaining an off-premAse pattaole sign shall f
keep a curtest tagist•t or Doak snowing tns date of {
( dotes wain, and location of', kale premises waste suco f
sign in placed of used. No person snail record or
register a sign as coin; used on a date or dates of
at a piss us when such sign was not so used, Every
potion requited to keep a cuftent register or book
snail asks suco register or book available to the
Building Official of City enfotessent petsonnol toe
lnspectlon, upon demand, at any reasonable ties.
D, AMULATION D/ SIGNS SY ZONING DISTRICTS
Teo following regulations apply to specified signs in the
specified toning districts.
1, Rsstdantlal Districts. The following reguldclons shall
apply to signs in all residential soninq districts.
(a) Roof, projecting, portable or off-promise signs
are pfobibited.
(DI Nei is 140 sign shall nave a greeter nsignt tnan lS
Nt.
(dl fie. No sign mall nave an effective area irsatec
n So square flat.
(d) etbaex. All ground signs snail maintain a minimum
stance or setback from the curb line wnicn le equal
to as greater coin one-half of tne required front yard
setback for the promise volts tat sign is locatedm
ppcovidN, hawvet, that no ground signs mall as so
located as to be within any puollc right-of-ray,
(s) Numbto only on& g9round sign snall be located on one
Atom se, except an f011ows s
(1) Any promise fronting 4094 than one public street,
wa ah to not an alley, shall D4 allowed to make use
of one ground sign on each separate street frontage,
(Z) Any protise which has more thin 100 feet of public
street frontage on any one public street (excluding
alloys) may saxs use of one additional ground sign
got each additional t00 test of frontage, or
` fraction thereof.
I Z, Non-Residential Districts, Too following regulations snail
apply to signs in non-residential toning districtsr
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(a) Type. All types Of signs are permitted. '
E(b) Natant. No sdgn, vnlcn 1s not a coo! ■lgn,'snall nave a
height greatee Irian 10 fees, exceps for signs located
1 along Interstate 3E. an permitted oy G. 3 of this article.
(o) Slse, No sign snail nave an effective & tea greater than
Tit3'squace fast, except for signs Located along Inter-
state 35 as permitted by C. 3 of tnis article.
(d) Seteaek.
(1) All grourd, portaole, stake and projecting signs
onali maintain a minimum distance or eetaacK from
the curb line, as determined by height and effective
area, in accordance with the followings
10 Minimum set DaCit rt
10 3 30
' Height (ft.) 30 30 2 10
10 20 30
0 $0 L0 10
hffective Area ISq,rt.)
(3) All ground signs, in addition to meeting the required
setback requitement, snail be so located as not to
be witnin any publle rignt-of•way.
(3) In determininq trio req•:_red setback, the measurement
of the height or effective area of the elfin which ;
would require the greatest setback snail oe usedr
provided, nowevec, that, if the determining neight
at effective area 'measurement is a dimension that
separates two different sateaCx requirements, the
least restrictive aet04c% SA ALL at used.
(e) Number. Only one Scound sign, or supporting structure
MARK 1, snail be located on any one pcemise, except as
follwwsl
111) Any premise !renting mote tnan one puolic street,
which is not an alley, snail as aLlowed to make use
of one ground sign tot each separate arrest (eontage.
(3) Any pcemise waten nas Moto than IOU feet of puolic
street frontage on any one street (exclidinq alleys)
mayy make use of one additional geouna sign for eaen
additional 100 feet p [ frontage, or fraction tneceat.
(3) Where any pcealse contains more than one lawfully
permitted business cc use in divided buildings, eaen
business or use thereon snail 0e allowed one or more
on-prealse signs on the peaoitted supporting
structure.
3. Planned 0evelooaont 0lstriCts. Tne regulatiohs toe signs
located in planned development toning districts shall be contained
in trio ordinance or site plan approved foe the districtL provided,
however, should the regulations for signs to omitted from an
PAGE. 11
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ordinance at final development plan approved for a planned deselop-
± sent district, the sign regulations that would be Applicable io.the
most restrictive comparable zoning district C1AAelfications, based
~ upon the land uses permitted therein, as determined by tae Dlcaetoc
of the Department of Planning and Community Oevelopfent, ahALL Do
j ayplied to the district, of pact tnereof, wnerein 4JCn regulations
I fore Omitted.
1. Central sueiness 0lstriecf. The following regulations aljail
14 apply to signs in Central softness zoning Districts,
I (A) q! nt•of-ray 4Lsltation on Projecting figns. No pzojec-
ng f qn Ana pco)ect or eaten nto ZOO public right-
of-Way for a eA6t4nC4 of sofa than ten feet Or within two
feet of the nearest curb line, walcaever is mace cestric-
tlve. Wo pro3eeting sign, suppocclag structure, oc pact
tneceof, watch extends Into the p40114 tight-of-way ana11
Occupy any of tae space between the round level and
eight fmet above said ground lave! in said tight-of-way.
(D) sixe,. Me sign aftall have an effective area greater than
ixqu
(C) Nelgne Llaleation~. Nv ground sign, orgcaatesruppoeachrting{0
setae ace ereo , small navf a aright
feeta
s. RAQUI.ATION 01 ATTACNiD SIGN!
in addition to any other applicable regulations, the following
cegolftlons aball apply to the type of sign specified in all zoning
clatrlcts.
14 Roof signs Pcolection. Root signs, at tna sappoiting
attactdre thereof, snail not extend laterally beyond tae extectoc
walla, oc upward beyond tat hignest point of tat roof of the
building on watch it is locattd, to a nelgat, as, measured icon
ground level to the highest pact of the coot, which is greater than
epeclfitd below ae follows$
Nusmec of stories Maximum Nelgat
One $31 of bldg, height
Two 341 of bldg* height
Three to five 301 of bldg.. height
six to nine 3S1 0: bldg. height
Ten to fifteen 331 of bldq. height
sixteth or sore 10 feet
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I` 1 2. Proiacting Signs. -
(a) Construction. All projecting signs snail w aeiucely
p attac~tne out ding cc structure.
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(0) Fro on 8a and Root. A projecting sign shalt not oe
are on n• 1"4644 as any building so as to project
above the toot or parapet wall, or above the coot level
where there is no Patapet wallP except, a sign treated
at a right angle to tat building, watch does not extend
j eightan inches beyond the wall, may be treated to a
net at not exceeding two cat abova the root of parapet
wall Or above the coot level wntce there is no parapet
I wall. A sign attached to a corner of a ouildiny and
j parallel to the vertical line of such Cotner, snail be
deemad to be erected at a tight angle to the ouilding
wall.
l (c) Size. Tat total square footage of all projecting signs
sell not exceed twenty percent 1291) of the wall area
on whica such signs are located.
Signs on Common Building.. When one at sort attached signs
art located on a building which is divided and contains more than
one business or Wee, tee regulat/on of such attached signs opact-
lied hsrtln, as to size and projection, shall apply sepacatsiy to
tno pact of the exterior walls which contain that business or tie.
` P. REMOVAL Of UNLAWFUL SIGNS
1. Notice and Order. The Building Ottccial small deliver at
send a written notice to the owntc of an unlawful sign or premises
waste such sign is Located, ordering the removal of such sign and
its supporting otructurt within tan 110) days of dalivory at
mailing of the notice and ardor. for purposes of this provision,
the name of the person listed by the City Tax ASatas4r/CO11eCtoc,
at Was local taxing jurisdiction, toe tax purposes as the owner
of the promises where the unlawful sign is located snall oa
pcosumed to be the owner of such property or the agent for such
owner and notice mailed of delivered to said person at the address
` listed shall be presumed to be sufficient.
(F 2. Rasovall Apcals. It the person ardaNd to remove said
'y sign fails to do to within the time specified, the Building
Official nay, after twenty (20) days of the data of dellvtcy or
sailing of the notice and ardor, remove of cause sold sign to be
removed) psovidtd, however, that any pe non aggrieved oy said ardor
PAGE L)
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may !el• an appeal with end Board of Adjustment In accordanceswith
tae provisions applicable for other appeals from decisions of the
Building official* to case such appeal is timely tiled, end
procedures applicable to other appeals shall b• followed and the
} order of the Building Official may be stayed in accordance thireofp
i
pending the final dategsination of the board at Adjustment.
3.180oundsdnt Of lianse Radaa,Q6tonp Disbosal. Any sign which
is essavdd oy the aulldtng Otttotal pursuant to these provisions
shall be impounded and transported top and stored by, the Building
Official at a location designated tog such purpose. Records at
when removed small om kept. -Tao
radc• ovate signs wro located and
Building Official Shall Send a latter to the owner of such sign, it
knows, oc, it not known, to the owner or person in contgol d9 the
pgssises "here such sign was located, giving notice o9 such
Impoundment.
The building official shall hold the sign in storage for at
least thirty (30) days after notice of impoundment has been
mailed. Any pogtable sign may be redeemed oy the owner upon the
payment of a too to the City of Denton of a total of 125.00 for
hauling the same to storage, plus 11.00 per day storage tea. Any
soapoctaole alga may be redaesed by tnd owner upon payment of the
cost at removal at and hauling the same to storage, as dateratned
by the Building Official, plus 11.00 per day storage fed.
Any sign act reclaimed by the owner tnersof within thirty (301
days oc the mailing of the notice of Impoundment may ba disposed at
in accordance with applicable law
d. Novara of Costs. Costs. t!, upon disposal of an uncedsemed
nonpoctable sign, the Building official has not received an amount
sufficient to cover the coat of removal and hauling of such rasovad
sign, tie Building Official shall send notice to the owner of the
promises wberd such sign was loaatddp requesting payment of the
removal and hauling costs, less any amount received in disposal of
PALL 14
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such sign. Any such costs remaining unpaid after thirty (30F -days
I from the date of mailing of notice snail become delinquent and
snail Deal interest at ton (101) percent pet annum. The Building
official may cause such unpaid and delihquent amount to be assessed
against the premises wnete such removed sign was located by filing
and perfecting a lion against said premises. The cost levied
against said premises snail include a $50.00 administration foe.
S. Abbeal of Cost tmpoeedr Levied. Any person may contest the
reasonableness of the cost far the removal of a sign imposed
necoundet by filing an appeal with the Hoard of Adjustment within
twenty (70) days of the mailing of the notice of such costs. The
Board of Adjustment may either uphold the cost imposed by the
Building Official of impose and cause to be levied whatever cost it
eonoldets to be ressonaole. Storage coats imposed neceundec shall
not Do appealsole.
0. SPECIAL PROVISIONS
14 Hannet of Measurement,
(8) . To apply the setback provision of tnis article
094311 gns at any one point, the following measuring
` pcocoduto snail be usedr
(1) Otaw in imaginary vertical line extending upward
from tam curd line of the promises)
(2) Beginning at any point on tae vertical line, draw
an imaginary noticontal line perpendicular to the
vertical line and curb line and extending toward
the premises)
13) Beginning at the point wnere the vortical line
intellects the horizontal line, measure along the
horizontal line. for the requited satbacc. (See
Appendix Illustration lea)
(b) Hoicnt, To apply the applicable height limitations of
this article at any one point for signs, or supporting
f structures thereof, which ate not roof signs, the
following measuring procedure small Do used)
(1) Draw an imaginary vertical line extending upward
from the nearest cucD line of the public stcest
fronting the peemisest
(Al Beginning at the surface level of the curb line,
measure along the vortical line to a point which is
the max+aum allowed nelgnt for a particular sign of
supporting sttuctucer
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DATE: 03/15/88
CITY CCUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Preliminary and Final Replat of Lots 16 and 17 to Lot 17R,
Block H, of the Forrestridge Addition, Section III
Preliminary Plat of the Redmon III Addition, Lots 1 and 2,
Block 1
Preliminary and Final Replat of part of Lot 1 to Lot 1R,
block 21 of the Southmont Subdivision, Section I
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RECOMMENDATION:
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The Planning and Zoning Commission, at its meeting of
March 9, 1988, recommended approval of the above listed
plats and replats,
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SUMMARY:
BACKGROUND:
PROGRAMS, DEPARTMENTS Ok GROUPS AFFECTED:
FISCAL IMPACT:
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Respec Ily submi ted:
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L"My it 61 lww~~
City anager
Pared by: ,
Ell eth Evans
Planning Administrator
k Ap roved:
Prank H. Robbins
Executive Director for
Planning and Development
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CITY COUNCIL AGENDA
BACK UP SUMMARY SHEET
MEETING DATE: March 15, 1988
SUBJECT: Preliminary and Final Replat of Lots 16 ana 17
to Lot 17R, block H, of the Forrestridge Addition,
Section III.
SUMMARY: This is a .734 acre tract located north of E
Oak Forrest Circle and west of Forrestridge Drive
and shown in the A. Gibson Survey, Abstract 498,
Denton, Texas. Ina prop_rty is zoned SF-16 and
1 single family residential land use is anticipated.
City services and facilities, including water,
gas, sanitary sewer, telephone, electrical and
solid waste, are available. {
The replat confo:-s to the minimum requirements
of the Denton Subdivision and Land Development
Regulations.
ACTION REQUIRED: Approval of the preliminary ana final replat
PECOMMENDATION: The Manning and Zoning Commission recommended
approval of the preliminary and final replat
of Lots 16 and 17 to Lot 17R, Block H, of the
Forrestridge Addition, Section III, at its.
meeting of March 91 1988. {
y. ATTACHMENT: Reduced plats
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1 It REPLAT I
BLOCK F u ! 11 J 14iIS[':r" LOT ITR BLOCK H. FORRESTRIDDE S
III + P IDOIT10N SECTION W. AN ADDITION IN Ti,
1 1' CITY of DENTON. DENTON COUNTY TEXAS
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CITY COUNCIL AGENDA
BACK UP SUMMARY SHEET
MEETING DATE: March 15, 1986
SUBJECT: Preliminary Plat of the Redmon III Addition,
Lots 1 and 2, Block 1
i SUMMARY: This is a .3288 acre tract located at the
northwest corner of Lakey and Wilson streets
and shown in the S. C. Hirams Survey, Abstract
616, Denton, Texas. The property is zoned SF-7
and single family use is anticipated.
City services and facilities, including water,
gas, sanitary sewer, telephone, electrical and
solid waste, are available.
The preliminary plat conforms to the minimum
requirements of the Denton Subdivision and Land
Development Regulations.
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommended
approval of the preliminary plat of the Redmon
Ill Aodition, Lots 1 and 2, Block 1, at its
meeting of March 9, 1968.
ATTACHMENT: Reduced plat
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Me L s c MiRAAIS SURVEr - to ACr h0 6/f
N OWNER.
SILLY R! '
1125 1101
DENTON,
1 Ij1D1+1 IWIrII ~r, IH 1
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OWNER:
BILLY REDMON i
1125 NDENTOTEAS 18205"' E E ?
GRAPHIC ]
MINIMUM FINlsm FLOOR ELEVATION FOR
NEW CONSTRUCTION SFIALL Of •Ib.b
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S-13-3.
CITY COUNCIL AGENDA
BACK. UP SUMMARY SHEET
MEETING DATE: March 15, 1988
SUBJECT: Preliminary and Final Replat of part of Lot 1
to Lot 1R, Block 2, of the Southmont Subdivision,
Section I.
SUMMARY: This is a 7.2 acre tract located south of Teasley
Lane and east of Pennsylvania Drive and is shown
in the C. Poulallier Survey, Abstract 1OU6, t
Denton, Texas. The property is zoned Agricultural '
and a church use is anticipated, t
city services and facilities, including water,
j gas, sanitary sewer, telephone, electrical and
solid waste, are available.
~ y
The replat conforms to the minimum requirements
of the Denton Subdivision and Land Development
Regulations. a
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E ACTION REQUIRED: Approval of the preliminary and final replat
RECOMMENDATION: The Planning and Zoning Commission recommended
approval of the preliminary and final replat
of part of Lot 1 to Lot 1R, Block 2, of the
Southmont 5ubdivision, Section I, at its meeting
1 J March 4, 1958.
I ATTACHMENT: Reduced plats
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REPEAT
LOT IR BLOCK 2 SOUTHMONT
SUBDIVISION SECTION 'ONE
I e11r AND coml. ODMt Its"Is
SOUiMMONT Pt ACE
III r nTu ~
CAN C. WIDE lif .M. I.1 . , I I - Cott 1111 A AMe CA 19
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CiTrorDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)566-8200
MEMORANDUM
DATE: March 7, 1988 j
T(:' Rick Svehla, Deputy City Manager
Roger McDaniel, Engineering Tech Supervisor
SUBJECT: Request for finF1 payment
Construction
This project was awarded to Jagoe Public Company.
began July 15, 1987 and was completed January 31, 1988. The
Lillian Miller contract had 100 working days and 77 were used.
The contract price was $307,160.00. The actual cost was
Constructiings proceeded 42we101 oandl.traffic
contract.gprice real
c s
problems were very minimal. The construction cost IF or this
roject was $289,999.15 and there were additional expenses of y
811,118.75 which totals $501,117.91.
The additional expenses involved included $3,800This raise the
grade at Lillian Miller and Southridge. involved
additional fill to raise the grade one foot, installing a left
turn lane on southbound Lillian Miller for future use thus
improving line of sight, and the additional aspha.t pavement,
curb any{ gutter to complete this intersection. The above
changes significantly improved visibility at this highly
traveled intersection. Another expense of 53,568.00 wasThto
build a detour south of the Southridge shopping center,
detour enabled uninterrupted End convenient travel to and from
the Southridge area white also allowing complete access in and
out of the Southridge shopping center during all phasos of
construction, This involved additional asphalt, barricading,
and, curb and guttering. This resulted in a reduction of 5500
from our original estimated detour cost.
An additional $2,040 was paid to remove the asphalt median in
front of the Mubil station for the Parks Departmen!. plants to
$57.00 to
access
accommodate cost intersecting was
angle of the
enlargentwovinlets soil.
pipe entering the inlet boxes.
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Lillian Miller
March 7, 1988
page 2
Overages and reductions by line item were as follows:
REDUCTIONS:
3.A Remove Concrete Paving 144.00
4.6-A Hydrated Lime by Ton $ 1,526.63
5,7-A.1 2" Type A Pavement 2,451.60
5.7-A.2 4 1/2" Type A Pavement 2,489.22
S.7-A.3 1 1/2" Type D Pavement 855.67
5.7-8 Type D Path 154,00
SP-27,A Adjust Water Service 200.00
Sp-27.8 Adjust Sewer Service 250,00
8,1 Barricades Warnings/Detour Signs 500.00
8.15 Standard and Colored Textured Rip Rap 13_,06_0_.15
TOTAL REDUCTIONS $21,631.27 j
f OVERAGES:
a
s 2.11.5 Inlet Frame f, Cover $ 130.00
2,12.20-A 2" NYC Water Line 420.00
630.00
2.12,20-8 4" PVC Water Line 763.50
3,B Remove Curb 6 Gutter 68,97
3,C Remove Driveway & Sidewalk ti
S.8-A 6" Flatwork 187.46
8,2-A Concrete Curb 6 Gutter 520260.00 r
TOTAL OVERAGE '
TOTAL CONTRACT AND OVERAGE P210 ,160.00
,470.42 S
,"G 3 if: A'T
i 631.27
' TOTAL REDUCTION
TOTAL CONSIRUCTION COST '
11,118.75
TOTAL EXTRAS
TOTAL CONTRACT COST
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TOTAL CONTRACT SAYINGS $ 59541.10
TOTAi- CONTRACI COST $301 ,117.90
1 LILLIAN vILLER TURN LANES E
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This project was awarded to Jagoe public Company. Construction €
began July 15, 1987 and was completed February 23, 1988. The
contract concurrent with Lillian Miller Parkway had 100 working
days and 90 days were used to complete the project. The
contract price was $49,752,12. The actual price to complete the
project was $53,050.05 or 6.61 over the estimated contract
cost. This project was well done and completed with minimal
disturbance to surrounding businesses and treffic.
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Lillian Miller
March 7, 1988
Page 3
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Additional expenses incurred during this project included 259
square yards of concrete rip rap for erosion control alongside
Discount Tire Store and Jack-In-Box. The additional rip rap
added $4,921.00 above our estimated quantity. This rip rap
improved erosion control and enhanced the looks of both these
areas. The next major exper.se involved removal of existing rip
rap and lengthening storm drain at the Mobil station. This was
necessary to prevent a traffic hazard in this area and cost an
additional $2,020.00. The last major expense involved a french
i drain required to remove ground water alongside Colters
Barbeque turn lane. The new french drain was installed at a
cost. of $1,061.40.
Overages and reductions by line item were as follows:
REDUCTIONS:
1.12.3-A 36" Storm Sewer
552.00
3-A Remove Concrete Paving 480.00
3-B Remove Curb 6 Gutter S14.SO
4.6-B Treatment of Subgrade 182.34
567-A-1 2.' Type A Base 658.85 `
5.7-1A.3 4 112" Type A Base 867.04
5.7 B 2" Type D 472.50 s
8.2-A Curb F Gutter 209.00
8.3 6" Driveways 575.00
SP-2 Saw Cut 111.00
SP-15.B Adjust Manhole 250.00
SP-27.A Adjust Water Service 400.00
SP-27.B Adjust Sewer Service 400.00
SP-30 Curb Flare 96.00
TOTAL REDUCTIONS V61OS6~ t
OVERAGES:
2.12,3-B 36" RCP Storm Sewer 225.00
4.6-A Hydrated Limc (Slurry) Ton 172.88
8.15 Concrete Rip Rap 4,921.00
SP-1S.A Adjust Valve box 170.00 j
j TOTAL OVERAGES
$$;g
TOTAL CONTRACT AND OVERAGES $55,216.00
10TAL REDUCTION 6 056.35
TOTAL CONSTRUCTION COST TW,159.6S
TOTAL EXTRAS 3,871.40
! TOTAL CONTRACT COST $S310S6.05
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Lillian Miller
March 7, 1988
Page 4
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We feel this project wa constructed in a positive and smooth
manner. It will enable better traffic flow into and out of the
southern area of Denton. This also should allow smoother
traffic flow on all corners of the interstate highway.
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We recommend both contracts (see attached) be approved for
final payment,
og McDaniel
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cc: Jerry Clark, City Engineer
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Urn Lan" Partial Eatimats
CITY Or DENTON
PERIODICAL ESTIMATE FOR PARTIAL. PAYMENT
8171566-8200, D/FW METRO 434-2520
Engineering Division 8171566-8358
'!tilityDepertmerdB1)r566-8451
Periodical estate No. Final Period ' / - ,rr? To
Contractor: 3agoe-Public Co. Address: P.D. Box 250, Denton, Texas
Project: Turn Lanes P I H35 & Loop 288 Estirnated Contract Cost: $49,752.12
Bid No.: 9752 - AW. • 436 020 008787139105 P.O. No,: 79560
No. Contract Worki bg Days 100 Days Used 75 j
a Unit Qwntily Qwntity Value
DESCRIPTION OF WORK Of Original Completed Unit of Completed
Item Measure Estimate to Date Price Work
1.21 Contractors Warrantees 1 $2,DDD.GO =2,000,00 s
and Vrdersterdirip LS I
2.12.3-A 240 RCP Storm Sever LF 120 97 $24.00 $2,328.00
2.12.3-B 36" RCP Storm Sever LF 7.5 12 $50.00 $600.00
Preparation of
3.1 Right-of-vay LS I 1 $4,000.00 $4,000.00
31 Unclassified Excavation CY 908 908 $4.50 $4,086.00
3-A Remove Concrete pavement SY 52 4 $10.00 $40.00
Re move Concrete
3-8 Curb and Gutter LF 519 176 $1.50 $264.00
3-C Remove Concrete Drive SY 25 25 $8.00 $200.00
3.7 Compacted fill Cy 105 105 $0.90 $94.50
Type -A"
4.6-A H0rated L1me(Slurry) 70N 17 119.305 $76.00 $1,417.88
6" Li me Treatment
4.6.8 ofaubgrade SY 1,835 1652.66 0.00 $1,602.66
2" Asphalt Pavement
5.7-A.1 8ae(70eA) SY 1,086 606.81 $2.90 $2,339.75
2" Asph. Prmrd. Bess (TY A) 52 $2,90 $150.80
S.7-A.1 under 24"Cd,G & Drives SY
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Turn Luba Partial Estimeto
Unit Quantity Quantity Yalu
DESCRIPTION OF WORK Of Original Completed Unit of Completed
Item Measure Estimate to Data Price Work
4 1 /2' Asphalt Pavement
5.7-A.2 Baae(Type A) SY 1,692 1558.61 $6,50 $10,130.97
1 112, Asphalt Pavement
I 5.7-A.3 (Type D) SY 1,692 1558.61 $2.16 $3,366.60
2' Asphalt Pavement
5.7-8 (Type D, patch materiel) TON 18 7.5 $45.00 $337.50
7,6A-2 4'CurbInlet EA 1 1 $950.00 $950.00
7.6A-4 4'SpecialInlet EA 1 1 $1,200.00 $1,200.00
7.6A-5 Crate Inlet EA 2 2 $1,250.00 $2,500.00
' BarricaEes, varnirq/
8.1 Detour signs LS 1 1 $2,500.00 $2,500.00
8,2-A Concrete curb and gutter LF 210 172 $5.50 $946.00 j
r i 8.3 Drlvevays (6') SY 25 $23.00 $0.00
8.15 Concrete Rip-Rep SY 75 334 $1400 $6,346.00
SP-2 Saw Cut exibtirq LF 250 176 $1.50 $264.00
SP-10 Rock Excavation CY 0 $30.00 $0.00 I
SP-15A Adjust Volvo Box EA 1 2 $170.00 $340.00
SP-15.8 AjuetMs004s EA 1 $250.00 $0.00
h ,
ii SP-20.5 Modify Grate Inlet EA 2 2 $550.00 $1,100.00
SP-27A Adjust Water Servlce EA 2 $200.00 $0.00
$P-27,8 Adjust SoverService EA 2 $200.00 $0.00 r
$P-30 Co nc rote Cur b n are EA 4 $24.00 10.00
Extra:
Move Mobil Sta. Sign LS $500.00
t Remove Rip-rep LS 1 $290.00 $290.00
Rom. & Rpl. 36' 6:1 Slopes LS 2 $635.00 $1,270.00
36' RCP Storm Savor Lf I5 $50.00 $750.00
4" Underdrain LF 110 $8.74 $961.40
4'UnderdralnTipMain EA 1 5100.0^ $100.00
Total $53,056.05
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The undersigned Contractor urtifisa that all work, including materials and equipment
on hand, covered by this Periodical Payment to been completed or wlivered in eaordenca
with the Contract Documents, that all amounts have bean paid by hl m for work, materials,
end equipment for which Previous Payments were issued and received from the Owner,
and that current payment shown herein Is due.
a
CORTRACTORJaAoe-Public Co. By Date 3-8-88
Rccomaltrded for Payment by: Total Value of Orlgl net Contract Performed 49,184.65
I f'l Extra Work Performed - Shown Above or 3,871.40
roJectlru~eet Date AttachedStatemenl
" d3.m Material; on Hand - Shown Above or
Ira lion Dept. Date Allbehed Statement
Total Yol ue of Work to Data $3,056.05
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less: Amt. Retained -0-
Net 53{056,05
ApprweJ for Payment 8y:
Less Amunt of Previous Payments 47t750.44
BAIAM DVE THIS ESTIMATE 5,305.61
Utility Dept. or City Engr, Date
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Lillian Miller Partial Est;mste
CITY Of OfNTOH
PERIODICAL ESTIMATE FOR PARTIAL PAYMENT
1
817/566-8200,0/FW METRO 434-2520
Engineering Division 817/566-8358
Utility Department 617/566-8451
Periodical e3lrrwale No ; Final 6 Perlod To 2
Contractor; Jagoe• Public Co. Address: P.O, Box 250, Denton, Texas
,i4?6 9/6e. oo
Project:: Lillian Miller Estimated Contract Cost: 6369,91P.;a
1 Bid No.: 9752 P.O. No.: 79560-kd.• 434 020008787049105
No, Contract Worki ng Days: 100 Days Used: 75
Unit Quantity Quantity Value F
i DESCRIPTION Of WORK Of Original Completed Unit of Completed
Item r Measure Estimate to Date Price Work
1.21 Contraclora. Worrantees
and Understandings LS 1 1.00 $4,500.00 $4,500.00
2-1111-S Inlet Frame and Cover EA 2 4.00 $65.00 =260.00
' 2.12,20-A 2' PVC Water Line Lf 120 204.00 $S.00 $1,020.00
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E 212.20.8 4' PVC Wait r Line LF 787 913.00 $5,00 $4,565.00
r.
3-A Remove Concrete Pavement SY 12 $12.00 $0.00
Re move Concrete
3-8 Curb and Cutter LF 1,080 1,589.00 $1.50 $2,383.50
Rewa Concrete
3•C drivwaysAdsidewlk SY 290 302.54 s5.50 $1,663.97
Preperallin of a
3,1 Rigsti•of•vey LS 1 1.00 $11,000.00 $11,000.00
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3.3 Unclassifiedfxcmdon CY 61605 6,605.00 $1.80 $11,889.00
3.7
Complad fill CY r
14100 10100,00 $0.90 $990,00
Type "A'
4.6-A Hydrated lime (Slurry) Tok 140 119.645 $7S,00 t8,973.38
6" lime Treatment
4.6-8 ofouDgrade SY 15,550 15,550.00 $1.00 $15,550.00
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Lillian Mills Partial fatimats
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Unit Qualtity Quantity Ye1ue
` DESCRIP710N OF WORK Of 0:10nal Compleied Unit of Completed
Item • Measure Estimate to Dete Price Work
2" A3ph. Pavement Base
5.7-A.1 (TYA)24-C&G&Dr,Appr, SY 2,195.89 $2.90 $6,368.08
20 Asphalt Pavement
5.7-A.I Us" (Type A) SY 15,0)0 11,958.73 $2.90 $34,680.32
4 I /V Asphalt Pavement
5.7-A.2 Base (Type A) SY 12,620 12,231.06 $6.40 $78,278.78
1 112" Asphelt Pavement
5.7-A.3 (Type Dt SY 12,620 12,231.06 $2,20 $26,908.33
2' /4sphelt PsvemeM
5.7-8 (Type D, patch material) TnN 24 20.00 $38.50 $770.00
Concrete Pavement
j 5,8-A 6' (Flatvork) 5Y 35 42,86 123.85 $1,022.21
7.6A-2 4'CurbInlet EA 1 1.00 $950.00 $950.00
7.6A-3 8'CurbInlet EA 1 1.00 $1,400.00 $1,400.00 i
Barricades, verning/
0.1 Datour signs LS 1 1.00 $4,000.00 $4,000.00
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8,2-A Concrete curb aMgutter LF 9,070 9,522.00 $5.00 $47,6 MOO
83 Driveways (6-) SY 175 175.44 S23.8S $4,184.24
8,15 Concrete Rip-Rep SY 82S 41S6S $19.00 57,897.35 E
SP-2 Sevcutexir ing LF 70 70.00 $1,50 $105.00
SP-10 RockExcevatioa CY 0 $30.00 $0.00
SP-15.8 Ajusl Men!41es EA 1 1.00 $250.00 $250.00
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SP- 27A Adjust Water Servles EA 2 5100.00 $0.00
SP-27,6 Adjust SewerSerdes EA 2 $125.00 $0.00
Textured Concrete
' 8.15 Rip-Rap SY 825 $28.00 $0.00
Colored and Textured
8,15 Concrete Rip-Rap SY 825 320.00 $4130 $13,280.00
%
~ Extra: ~
24 PYCWeter Line LF 235.00 $5.00 $1,175.00
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11111ar Miller Partial Estimate
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Unit Quantity Quantity Value
1 DESCRIPTION Of WORK Of Original Completed Unit of Completed
Item + Measure Estimate to Data Price Work
Diff. 4' Inlet to 6' EA 1.00 =287.50 $287.%,
Diff. 8' Inlet to 10' EA 1,00 $287.50 $287,50
Saw & Remove Asp A. Median LS 1.00 $2,000.00 52,000,00
Detour TONS 37.50 $38.50 51,443.75
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Detour Barricades DAILY 85.00 $25.00 $2,125.00 e,
Rol so Grades MR 19,00 $200,00 $3,800.00
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Total $301.617.91 3
LESS, DETOUR ON SOUTH END NOT USED BECAUSE
OF DESIGN CHANGE (500.00) I
$301,117.91
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The urderiigned Contractor certifira that all vork, including materials and equipment
on Rend, covere4 by this Periodical Payment W booncomplated or delivered In eecordoca
vith the Contract Documents, that all amounts hews been paid by him for work, materials,
and equipment for which Previous Payments vere Issued and received from the Dvner,
,f
irdlhitcurrent payment show hareinIsdue.
CONTRACTOR192e-Public CO. By - L to z-R-RR
R mrr,erdA(or Payment by; Total Value of 0rigtnal Contract Performed 290, 499.16
3 IS ~s Extra Work PErformed - Shown Above or 11,118.75
Prujullns yr Dale Attached Statement
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/L r,1 Ded`ctions
1LG~S ~~~11fkARAAUe'Q !500.001
lFa tion Dept. Date Attached Statement
Total Value of Work to Dale 301,117.91
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1 less: Aml. Rrtai ned in %
301,117.91 3
JJ Net Amount Earned on Contract
Approved for Payment By: i
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Less Amount of Previow Payments _271, 456.12
BALANCE DUE THIS ESTIMATE 29-661.79 1
Utility Dept, or City Ergr, Date
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111
0913L
y NO.
ICES;
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND UPPLIESN GSA SCONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE-
WHEREAS, the City has solicited, received and tabulated
t coapetitive bids for the purchase of necessary materials, equip-
ment, supplies or servies in inances; and accordance with the procedures of
state law and City ord
WH has
+EREAS the City Manager or a designated employee
,
reviewed and :ecotimended that the herein described bids are the
he for the submitted thereforl;ies and or
lwest re84° shown ® in bids
services I
WHEREAS, the City Council has provided in the City Budg•t for
the appropriation of funds to be used
als accepted
or servicesrapproved cande
equipment supplies
+ herein; Now, THEREFORE,
THE COUNCIL OF Ti{E CITY OF DENTON HE1:EBY ORDAINS: SECTION I. That the numberedsutems n theserviwing numbered
shown in or st bide or matorialsS equipment, are hereby accepted and
the "Bid Proposals" attached hereto ,a bids for such items: as being the lowest responslblBID ITEM
NUMF• Ilk NO. VENDOR AMOUaT
j .77
99
9533 DDorER BUICK GMC $14.7
11,393.63
9933 2. DAVE KRAUSE DODGE 14,434.04
834 ALL OSMOSES INC.
16,433.50
9935 1,25 102 ESTES CHEMICAL
CHEMICAL SPRAY NORTH 3_-143
9835
3,4 151.92
9935 M-! HARp00t SEED
225--,.5.00
60.00
PUBLIC. HTE 9933 M-3 CHEF -A
--TURF
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SECTION II. That by the acceptance and approval of the above
i numbered terns 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
t or his de lgnated representative is hereby authorized to execute
the wri?ren contract which shall be attached hereto; provided
that the written contract is in accordance with the terms,
conditions, specifications, standards, quantities end specified
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids the City Council hereby
? authorizes the expenditure of funds therefor in the amount and in
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.
1 PASSED AND APPROVED this 13 day of MARCH 1988.
j
RAY STEPHENS9
a CITY OF DENTONt, TEXAS
ATTEST:
JENNIPER WALTERS~ CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
J
r DATE: March 15, 1988
CITY COUNCIL REPORT
Mayor and Members of the City Council
TO:
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID t 9833 Suburban and 1 TON CAB/Chassis
RECOI40DATION: We recommend this bid be awarded to the lowest bid
or eaci tem:
Item 1 Dower Buck GMC $14,789.77 Delivery in 70 Days
Item 2 Dave Krause I)odge $11,393.65 Delivery in 90-120 Days
Y TOTAL $26,183.42"
SUMMARY:
This bid is for the purchase of a Suburban Vehicle to repla7e the
Emergency Management Station Wagon and a 1 Ton Cab/Chassis for the
Electric Meter and Sub Station Dept.
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f BACKGROUND:
f Tabulation Sheet
PR06gAM5 DEPARTPENTS OR GROUPS AFFECTED:
Emergency Management and Electric Meter and Sub Stations
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FISCAL IIVACT:
Item 1 will be funded as a portion of the lease/purchase agreement for
j 1987/88 Budget year. Item 2 will be funded from pp 1987/88 Budget funds for
I } -motor pool replacement accountA 72Res0tttful~ sub;nitted;S9103.00 and Electric t
Utility Capital Expenditure for p
$2o290.65.
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Lloyd Y. Harrell
City Manager
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Pr red by,
Name: Tom D. Shaw, C.P.M.
Title: Asst. Purchasing Agent
Approved;
qh Marshall o C.
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13~l7 'Purchasing Agent
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OPENED 3/1181 2110 P.M. I 1 I I 1
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ACCOUNT I IN-@I-NN-9114 1 t I t I
`.__._....I--------------------------------1_._...._....__ I-------------- 1...... I
' I I fTY I ITEM DESCAIPIION I VENDOR I VENDOR I VENDOR I VENDOR I
......1....-- -I . 1.._..•--......I.............. 1_..________.-_I--__.._...._..
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1. I I ISUDURDAN VEHICLE 1 11,789.17 1 NO 1110 1 NO 110 1 1
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2. 1 1 IDNE TON CAVCHASSIS I 12f187. Do 1 12,931.H t 11,393.61 1 I
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DATE: March 15, 1988
v CITY COUNCIL REPORT
5
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Bid t 9834 Pole Treatment and Reinforcement
» RECOMMENDATION: We recommend this hid be awarded to Osmose Inc., in
the estimated amount of $14,454.000 based on estimated quantaties.
SUMMARY' This bid is for the service to treat wood poles for decay and
or damage and to reinforce weakened poles with out interrupting electrical
service. This is necessary in some areas with limited access or whsre
uninterrupted service is critical.
n
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BACKGROUND: Tabulation Sheet
y~~4 sgU~ : 0i t
PROGRAMn, DEPAIMUTS OR GROUPS AFFECTED:
Electric Distribution-Overhead System
FISCAL IMPACT:
' 1987-88 Budget Funds Account Y 610-080-0252-8338
Respectful submitted:
f Y / {
4 • 1
Lloyd Harrell
City Manager
{ P ared by: 4
j{ame; Tom D. Shaw,C.P.td
1 Title: Asst. Purchasing Agent
Approved:
14,
et n J, Marshall, C.P.M.
V
Purchasing Agent
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BID # # 9834 1 1 1 t
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BID TITLE POLE TREATMENT & REINFORCEMENT I I OSMOSE I I
-.-------------_I I IfJC. I r
UPENED 2/23/88 200 P. M I I I I
--------------------------------------------------I I i I
ACCOUNT # -610-OUO-0252-9338 S S I I
--------------------------t--------------J--------------i--------------1---------
I I I I i
I QTY I ITEM DESCRIPTION ; VENDOR I VENDOR I VENDOR {
f _______i---------I--------------------------------1--------------I I
I I--------------I--------------1
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1. 1 I1 I 35 FT CLASS 3 I I 27B.00 I I
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2. f 29 1 40 FT CLASS 3 I I 308.00 1 1
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3, t 8 I 45 FT CLASS 3 1 1 30B.00 1 t
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BID TOTAL 1 1 14,454.00 1 1
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DATE: MARCH 15# 1988
CITY COUNCIL REPORT
~ n
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell$ City Manager
SUBJECTS BID / 9835 HERBICIDES AND INSECTICIDES
RECOMMENDATIONS: We recommend this bid be awarded to the lowest and
most responsible bidder for each item or group of items.
ITEM# HERBACIDE BIDDER PRICE
1 Roundup Estes Chemical $9720.00
2 Rodeo Estes Chemical $ 472.50
3 MSMA Chemical Spray $ 750.00
North
4 OUST Chemical Spray $2703.36
11 North
INSECTICIDES
1 Fire Ant Killer (qt) Estes Chemical $ 61.80
2 Fire Ant Killer (gl) Estes Chemical S 199.20 }
3
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Miscellaneous
1 Hy-Yield Spreader Harpool Seed $ 151.92
's 2 Cleated Iron Public Health $ 225.00
3 Dormant Oil Chemical6Turf $ 60.00
i
TOTAL $14,343.78
SUNKARY I
This bid is for the purchaee of the estimated annual supply of
herbicides and insecticides to be utilized by the Park and Recreation
Department. g
BACKGROUNDS I
Tabulation Sheet
i
PROGRAMS, DEPARTMENTS OR GROUPS APFECTED:
` s
F'
Park Maintenance
FISCAL IMPACT:
1987-88 Budget Funds for maintenance of Parks and grounds.
Account i 100-031-0064-8105. j
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Page 2
City Council Report
Bid # 9835
Respectfully submitted:
U
Llo V. Harrell
City Manager
spared byi
1
Names Tom D. Shaw, C.P.M. a
Title: Asst. Purchasing Agent
Approveds 3
hms J h J. Marsh 1, C.P.M.
Purchasing Agen
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19035 J 'SEES I HARPOGL I VAN I CHEMICAL I PUBLIC I CHEMICAL I MAKER I LESCO J
I I I HATERS I SPRAY I HEALTH I TURF I INTL I
III TITLE HERBICIDES 1 INSECiICIBE6 I I 11 ROBERS I 1
1 1
OPENER 2/23184 hNP. M. 1 t
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ACCOIMi LN 131 Nbl 6115 i I I
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I I 4TY I ITEM DESCRIPTION 1 VENDOR 1 I
VENDOR I VENDOR I VENDOR I VENDOR I VENDOR
VENDOR I VENDOR 1
ti ! I I I I t
1. 1 31 SAL I AOUND# 1 11621.N 1 1,189.33 1 5734!61 1 57N/6L I 59.1118! 1 56.51!61. 1 I 1
7. t 23 SAL I RODEO 1 236.25 1 1 236.25 1 Ill.Nl61. 1 I 58.15!61. I
3. 1 2.5 SAL I Ism 1 26.41 I I 50.91/6l I I I
1• I N OI I OUST I 17.1416E I 12.5116L I 13.75161. I 1.2.5216! I I 1
I 1 1 344.42 1 1 7.39101 1 7.14/^1 1 8.83!01 1 1.10/OI I
I I I I I J I
I 67 1 FIRE ANT KILLER 1 5.15 1 1 I 1 1 I 1
21 1& I FIRE ANT KILLER 1 18.61 1 1 1 I 87.95 J 1
1 J 1 1 1 I 1 1x.51 i 1
1. I rK I t I 1 1 ! i `
NY-FIEl1 I 11.65 I 8133 I 6.91 1 1 1 I
2. 12.3 91, I MILLER 1 1 J 1.51 1 11.31 1 1 1
6.41 I 1 I.SIfLB I 1 I 1
3. ! 11. I SIAIMEN OIL 1 1 5.34 1 11.N
ti~ I 1 I t t I I 5.35 I LN I I 1
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0923E
NO.
3
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR 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
k
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
III 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
cons tiurtion o~ 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:
BIDNUMBER CONTRACTOR AMOUNT
q
9xU QFFN N13 MOORP MNSTRUCTIAN CO- $38-150-00
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SECTION II. That the acceptance and approval of the above
i ! compel t ve bids :•:.all not constitute a contract between the
City and the person submitting the bid for construction of such
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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 M 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
I Bidders and Bid Proposals and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
k SECTION IV. That upon acceptance and approval of the above
competitive bi2s 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 cirsuant thereto.
SECTION V. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the 1_ day of MARCH , 1988.
RAY STEPHENS9 MAYOR
CITY OF DENTON, TEXAS
ATTEST:
i
JENNIFER WALTERS6 CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DR.AYOVITCH, CITY ATTORNEY
k. CITY OF DENTON, TEXAS
f_
BY.,
PAGE TWO
4
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DATE: March 15, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Counil
i
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #9832 Construction of Tennis Building
RECOMMENDATION:
We recommend this bid be awarded to the low bidder Green and Moore at
$38, 150.00.
SUMMARY:
This bid is for the construction of a building at North Lakes Park,
at our tennis center. We have had a portable leased building there
for the last several years. This permanent building will replace
the portable building. The patrons at North Lake Tennis Center have
raised about half of the funds needed for construction we advertised
and sent out these bids to some twenty prospective builders, and
received eight bids. We had thirteen attend the pre-bid conference.
We feel that we received a very competitive bid. The range of the
bids received are from the low of $38,150.00 to a high of $59,999.00. E
E
C BACKGROUND:
Tabulation Sheet
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Th s is a much discussed sough after facility. The tennis instructor,
Parks S Recreation Department, the Public participants and the Citizens
of the City of Denton.
FISCAL IMPACTe
Donated Funds and designated funds. There is no additional impact on
the General Fund.
Respect ly submi ted~:~
Lloyd . Harrell
City Manager
Prepared by:
i
me J h. Marshall, C.
t
itl Purchasing Agent
Approved:
m • John J. Marshall C.P.M.
i tle Purchasing Agent
J
` I I I I I I I I I
111 1 1 9832 1 GREEN I C,N,I, I SOOIILI I LARRY I NEIMAN I DAVIS 16RINESVIIIE I SOUTHWEST S
..................................................I i I BUILOINB I CONTRACTORS I MANNING IENVIRDNMENTAI 1 BROTHERS I C04STRUCTIDN I INDUSTRIAL
I
111 IETIE LONSTAULTION TENNI9 BUILDING I MOORE I SYSTEMS I INC, I I 1 I I COMTRACTORS t
I CONST I INC, I I 1 I I I INC. I
OPENED 2J25/BB h1! P,M, I I I 1 I I i I I
ALCOlllli I 261.131-1161-9111 1 I I I I I I I I
294 131 1162 9111! I_,_._.,,I I I I I
_ -1--....._......I-- ._........L
1....----------i._............`.........•--..i...__..- -c
I I TTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VEWADR
I
....__.`.........E ................................I - " 1•.__........ 1--...._..._... I I I
1 I.............. I.............. 1 I I I I I I
t r I I I I I I I I I I
I ( TOTAL IID PRICE 1 3O,I51,111 41,121,11 1 48,696,11 1 49,215.11 1 511221,16 1 50,011,11 I 51,lT2,N t 59,999.11 I
I I I I I I r I I I 1
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I I I 1 I t 1 t I ~
CASHIERS CHELNJIII IMP I CC t so I 11 I 11 I B1 I IB I BI I I1 I
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' DATE: March 4, 1968
r .
CITY COUNCIL REPORT FORMAT
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f '1'0t Mayor and Members of the City Council
3
FROM: Lloyd V. Harrell, City Manager
1
SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING RATES FOR
COMMERCIAL SANITATION COLLECTION SERVICES.
RECOMMENDATION:
(
Staff recommends approval of the ordinance as the first step in a phased
increase of commercial sanitation rates to a level sufficient to recover
disposal cost.
i ~
SUMMARY:
i f 1
The proposed rates for dumpster customers averages $1.38 per cubic yard of
` waste based upon existing distribution of customer service levels.
The proposed rates for roll-off customers leaves container rental fees
unchanged and increases the service charge to $4.00 per cubic yard.
i
t`
BACKGROUND:
The two-stage rate increase for commercial sanitation customers, along with
the rate increases for landfill users, is designed to erable the Solid Waste
" Division to recover the additional cost of disposal brought about by the t
reduced life expectancy of the landfill.
l ,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All commercial solid waste customers are affected. The average increase to
dumpster customers is 10.4%. The average increase to roll-off customers is
19.91. x
F Approximately 800 - 900 letters were mailed to dumpster customers notifying
them of the rate increase and inviting them to a public meeting on Febru-
ary 29, 1988. No one came to the meeting.
'i As of this writing, half of the roll-off customers have been visited. No one
wants a rate increase, especially of this magnitude, but the visits have been a
gratifying because of the praise received for the quality of our service. `
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CONSIDER ADOPTION OF ORDINANCE
March 4, 1988
Page 2
FISCAL IMPACTS
I
At current service level for roll-off, the rate increase will generate
approximately customers, the rate increase gill generate approximately $58 300 per year.
Respectfu submitted,
f I
I Lloyd W Harrell
City Manager
Ptepared byt
atk ns
` Charles S.
1 f
Superintendent
` Solid Waste Division
f
Approved byt
Hill An e o
3
Director of Community Services
1
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2cw03078820
T
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' 2234L
t
NO.
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR
s COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY
CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i
SECTION 1. That the charges for commercial and institutional
garbag~7ection services as authorized by section 12-20 of
article III of chapter 12 of the Code of Ordinances are hereby
established as follows:
A. DUMPSTERS
Cubic Yards Collected Rate Per 30
Per 30 Day Period Day Period
1-15 1.90 per cubic yard
16-24 1.46 per cubic yard
25-40 1.40 per cubic yard
41-100 1.37 per cubic yard
101-200 1.36 per cubic yard
201-400 1.32 per cubic yard
401-500 1.26 per cubic yard
501-600 1.24 per cubic yard
601-700 1.18 per cubic yard
101-Up 1.14 per cubic yard
B. OPEN TOP CONTAINERS AND COMPACTORS
Type of Rent Per 30 Service Charge
Container Day Period Per 30 Day Period
20 cubic yard open top 33.53 4.00 per cubic yard a
I' 30 cubic yard open top 52.50 4.00 per cubic yard
40 cubic yard open top 57.75 4.00 per cubic yard
12 cubic yard compactor 87.15 4.00 per cubic yard
15 cubic yard compactor 89.25 4.00 per cubic yard
20 cubic yard compactor 115.50 4.00 per cubic yard
25 cubic yard compactor 115.50 4.00 per cubic yard
30 cubic yard compactor 157.50 400 per cubic yard
42 cubic yard compactor 1176.40 14:00 per cubic yard
A delivery fee of $30.00 per container will be charged to all
new customers for open top containers and compactors.
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SECTION II. That this ordinance shall become effective
fourteen ays from the date of its pasuage, 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, withLn ten
(10) days of the date of its passage.
1988.
PASSED AND APPROVED this the day of
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ATTEST:
3 1
APPROVED AS TO LEGAL FORM:
j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY e
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BY: LAP)
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DATEe March 8, 1988
CITY COUNCIL REPORT FORMAT
,f
i T0, Mayor and Members of the City Council
l FROMo Lloyd V. Harrell, City Manager
SUBJEM CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING RATES FOR THE USE
OF THE CITY'S SANITARY LANDFILL.
RECOMMENDATI)Ni
3 Staff recommend3 approval.
i
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SUMMARYi
The ordinance leaves the rate at $3.00 per load for the automobile category, g
and increases the pickup truck category from $7.50 to $10.00.
BACKGROVNOi
This is part of a comprehensive rate adjustment designed to recover the t
disposal cost caused by the reduced life expectancy of the landfill.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDI
Auto and pickup truck users of the landfill. Only one user came to the
landfill users public meeting, yg
FISCAL IMPACTS
Will probably decrease use and revenues from pickup truck category. 7
Reapectf submitted,
Lloyd Harrell 1
City Manager
Prepared bye
i
rles S. Wat ns
Superintendent, Solid Waste Division
Approved by:
Bill Anqe
Director of Co unity Services
2cw03088824
t
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22b0L
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NO.
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE
OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECTION I. That the charges for the use of the City's land-
fill site as _uthorized by section 12-5 of article 1 of chapter
12 of the Code of Ordinances are heceby established as follows:
I
A. Individual Users Charge Per
Type of Vehicle Vehicle Per Load
1. Automobiles and station wagons, pickup $ 3.00
trucks less than one-half ton, Bronco
II's and similar size vehicles
2. One-half ton pickups, single axle trailers, $ 10.00
vans, Blazers, Suburbans and other similar
size vehicles with capacity of 2 cubic yards
but less than 5 cubic yards
SECTION II. Landfill permits issued by the City prior to the
effective ate of this ordinance may be redeemed for their face
value. The customer must pay the difference between the current
rate and the face value of the permit. The customer is not
entitled to a refund if the face value of the permit exceeds the
I current rate.
r
j SECTION III. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
i
ATTEST:
7 , CITY SECRETAY
r
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APPROVED AS TO LEGAL FORM!
DEBRA ADtttl DRAYOVITCH, CITY ATTORNEY i_; lJ
, MPR 7138-
BY.
Soma Unto
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M E M 0 R A N D O M
T0, Mayor and Members of the City Council
1
FROM$ Lloyd V. Harrell, City Manager
DATEt March 1, 1988
5UB3£CTt HOLD A DISCUSSION REGARDING RATES FOR AUTOMOBILES AND PICKUP
TRUCKS AT THE CITY'S SANITARY LANDFILL SITE
E
SUMMARY1
The volume of waste brought to the Landfill in care is negligible. The
percent of total volume of waste brought to theHowLandfill by ppick ickup trucks
or similar site vehicles is only about 31.
j category is the largest category of cash/permit customers and represents
30-451 of the cash/permit customer volume.
In general, about 701 of the pickup truck user category is from the City
" of Denton (about 401 are resident users and about 301 business users).
Another 101 of the users are from the surrounding rural area (Denton rural
' route address), and the remaining 201 of this user category is from
surrounding communities.
For comparison purposes, the two nearest landfills are DFW Landfill and
Camelot Landfill. Camelot Landfill does not allow cars or pickups in the
landfill, but allows Farmers Branch residents only to use their transfer
station at no charge, while DFW charges $4.00 per car and $10.00 per
pickup truck.
estimated It is that the average volume of waste from t
category is 4 cubic yards. With a revenue requirement of $2.72 per cubic
yard, $10.88 per load is needed.
o~...no~eaate
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HOLD A DISCUSSION REGARDING RATES
March 1, 1968
Page 2
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1. 2. 3. 4. 5. 6. 7.
Denton Residential $10.88 S 8.50 S 8.50 $ 9.00 S 9.25 $10.00 $ 8.50
Denton Business 10.68 10.88 11.33 10.68 10.88 1'J.00 12.46
Non-Resident 10.88 14.05 13.60 13.46 13.06 13.00 12.46
i
RECOMMENDATIONt
Landfill users who transport waste to the Landfill in automobiles are
typically persons who have no other means of hauling waste and it repre-
sents such a small percent of waste, it is recommended that the automobile
I rate remain at $3.00.
Because of the inconvenience and problems a,tsociated with a multiple tier
k rate for the pickup truck category, it is recommended that one rate be
used. Staff recommends $10.00 per load for all users in the pickup truck
category. The category only represents about 3% of the overall volume and
this rate would match our nearest competitor.
i Respectfully submitted,
i
L12yd V. Harrell
City Manager
f
Prepared byt }
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Charles S. Watkins !
Superintendent
Solid Waste Division
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Approved byt
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Bill Angelo -
Director of Community Services
2cwo2248814
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JANUARY 16 - FEBRUARY 2, 1988
I
CARS - None
PICKUP OR SIMILAR SIZE VEHICLE - 33
ORIGIN= 75± - Denton 421 - Residents (14)
331 - Business (111
31 - Corinth (1)
31 - Ponder (1)
61 - Dallas (2)
61 - Shady Shores (2)
31 - Tioga (1)
31 - Lewisville (1) I
bbr
3
NOVEMBER, 1986
CARS
PICKUP OR SIMILAR SIZE VEHICLE - 225
I,
rr' ORIGIN$ 681 - Denton 381 Residents (85)
301 Business (67)
101 - Surrounding Rural Area (24)
x 41 - Aubrey (9) f
j 21 - Argyle (5) 1
Less than 11 - Arlington (1)
Less than 11 - Colony (1)
11 - Corinth (4)
Less than 11 - Frisco (2)
I Less than 11 - Garland (1)
Less than 1% Irving (1)
y, Less thrn 11 - Justin (2)
Less than 11 - Keller (1)
21 - Krum (5)
" 31 - Lake Dallas (7)
21 - Lewisville (5)
Leas than l1 - Little Elm (2)
11 Pilot Point (3)
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5
CAR PICKUP TIPPING FEES
LANDFILL CHARGE CHARGE CU. YD. TON
DFW Landfill $4.00 s10.00 $1.85 loose $7.40
$1.95 cot.zacted 57.80
Camelot No cars No Pickups $1.60 $6.40
Ft. Worth Landfill $12.00 $12.00 $4.00 $16.00
No charge No charge
to resident to resident
Arlington No charge No charge $1.43 minimum $5.70
to resident to resident
Garland No cars No Pickups $3.75 $15.00
to to k
$4 $5.63 $22.50
Mesquite $8.00 Resident
$i1.Ou Non-resident
For Car and Pickup
Richardson $5.00 $6.00 resident
$12.50 business
Farmers Branch-Transfer Station
Residents of Farmers Branch only users.
There is no charge.
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4 NOVEMBER, 1987 - JANUARY, 1988
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4 N TOTAL CASH/PERMIT N $ TOTAL CASH/PERMIT
CARS YD5 VOLUME VOLUI4E P/U'S YD3 VOLUME VOLUME
NOV. 14 21 Less than 1% Less than 1% 304 1,216 4% 43%
DEC. 29 43 Ness than 1% 1.3% 229 916 2s 29%
i JAN. 18 27 Less than 14 1.3% 207 828 3• 42%
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March 15, 1988
CITY COUNCIL AGENDA ITEM
TO: MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUB J: APPROVAL OF A CONTRACT WITH TIE ARCHITECTUAL
j COLLECTIVE INC., FOR THE EXPANSION OF THE MUNICIPAL
LABORATORY (Quality Control Laboratory).
RECOMMENDATION
The Publi: Utilities Board, at their meeting of January 13, 1988, recommended
the approval of subject contract with Arehiteetual Collective Inc., for the
expansion of the Municipal Laboratory facility.
R: BACKGROUND
Since the construction of the existing laboratory facility in 1981, the Municipal
Laboratory Division of Public Utilities has continued to develop additional
analytical capabilities in an effort to provide the testing requirements of the
various utility operations. In providing these services, the laboratory has
grown to the point that the operation is currently space limited. Continued
analytical development that Is required to keep pace with the expending scope
of state and federal regulations Is being hindered by the need for additional
space.
Expansion of the Laboratory facility was scheduled as a project in the 1986
Capital Improvement Program, but because of budgetary constraints, the
project was rescheduled for this year. The project will be constructed In two
phases[ Phase I will consist of the construction of approximately 2000 sq. ft.
facility shell; Phase II will consist of the completion of the interior casework
the following year.
To assist with the design and planning of the facility expansion, the Public
Utilities Board Is recommending the approval of a contract with Gerald Stone
and Russell Bates, Architectual Collective, Inc. The contract developed by the
Legal Department has been Included for the City Council's review In Exhibit 1.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
City of Denton, Department of Utilities, Laboratory Division
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FISCAL IMPACT
The budget allocation for the design and construction of the facility shell
(Phase 1) Is anticipated to cost approximately $1300000 with the completion of
the Interior casework (Phase 11) costing approximately $45,000• The basic compensation con truction cost ror the services of $7,800 for Phase I Architectual Collective,
700 for Phase 11. inc., Is 646 of
Respectf submitted-,
v
L oyd F arrel , ity anage
i City of Denton
Prepared bys
f ower artin, v roon[pentel
Services Administe~C/y
APPROVED BYi
I
elaon, xecut ve Director
Department of Utilities
r
Exhibit 1 Ordinance for Approval of Contract Services
1. II Contract between Parties
III Minutes from 12/16/87 and 1/13/88 PUB Meeting
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537402-3-
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2235L
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NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
THE ARCHITECTURAL COLLECTIVE INC. FOR PROFESSIONAL ARCHITECTURAL
SERVICES RELATING TO THE EXPANSION OF THE MUNICIPAL LABORATORY;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement been the City of Denton and The Architectural
Collective Inc. for professional architectural services relating
to the design and construction of the expansion to the Municipal €
Laboratory, under the terms and conditions contained in said
agreement, which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure o unds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall becowe effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1988.
L
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RAY STEPHENS$ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY: 1Lt t'
` (l f b-C ttelc
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EXCERPT
MINUTES
PUBLIC UTILITIES BOARD
December 16, 1987
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11. UTILITY DIRECTOR'S _UPDATE.
y Laborator Ex ansion: Nelson discussed the need for the
I La oratory expans on. This was placed in the CIP the last two
years but delayed. Now, due to EPA regulatory changes, the
Utility needs to reinstate this ject and get underway.
Expenditures are anticipated to be MOO for the architectural
fee and construction (shell only) costs of $130,000. The
Utility plans to move forward if approved by the Board and will Board next month. The Board was in
agreementothat crheeUtility eshould proceed with his project. No
further action required.
The meeting adjourned at approximately 8:55 A.M.
1
EXCERPT
MINUTES ss
PUBLIC UTILITIES BOARD
JANUARY 13, 1988
9. APPROVAL OF A CONTRACT WITH THE ARCHITECTUAL COLLECTIVE INC.
FOR E EXPANSION OF THE MUNICIPA LA -O(ATOR:' FACILITY. y
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Ham relatedteresponsibtiitiescreEhed "QualityryConcrolinLaboratorY"
` required an expansion.
I After review of several firms it was decided that the most
' reasonable was Gerald Stone and Russell Bates, Architectural +
Collective, in the amount of $7,800. i
A number of changes to the contract were suggested by
Drayovitch.
Frady made a motion to accept this contract subject to Legal
Department review and approval. Second by Chew. All ayes, no
nays, motion carried.
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2240E /kRCN'TELTS GoP`~
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THE STATE OF TEXAS AGREEMENT BETWEEN THE CITY OF DENTON
& THE ARCHITECTURAL COLLECTIVE INC.
COUNTY OF DENTON § FOR DESIGN OF MUNICIPAL LABORATORY
This Agreement made as of the ;zy day of 1988
between the City of Denton, Texas-,-7ereinafter re erne to as
"Owner" and The Architectural Collective Inc. hereinafter
referred to as "Architect" for the following Project: Design of
the expansion of the Denton Municipal Laboratory. The Owner
and Architect agree as set forth below.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and Archi-
tect's consultants as enumerated in Articles 2 and 3 of this
Agreement and any other services included in Article 11.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with the highest degree of
professional skill and care and the orderly progress of the
Work. Upon request of the Owner, the Architect shall submit
for the owner's approval a schedule for the performance of the
Architect's services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval of submissions
by authorities having jurisdiction over the Project. Time
limits established by this schedule and approved by the Owner
shall not, except for reasonable cause, a exceeded by the
Architect or Owner, and any adjustments to this schedule shall
be mutually acceptable.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 10.4.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2,6 and any other services
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identified in Article 11 as part of Basic Services, and include
without limitation normal structural, mechanical and electrical
engineering services and any other engineering services neces-
sary to produce a complete and accurate set of Construction
Documents, as described by and required in Paragraph 1.4.
2.2 SCHEMATIC DESIGN PHASE ~
2.2.1 The Architect in consultation with the Owner shall
develop a written program for the Project to ascertain owner's
needs and to establish the requirements for the Project.
2.2.2 The Architect shall provide a preliminary
evaluation of the Owner's program, construction schedule and
construction budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alter-
native approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, sche-
dule and construction budget requirements, the architect shall
prepare, for approval by the Owner, Schematic Design Documents
f consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic
I Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Architect shall submit to the Owner a prelimi-
nary detailed estimate of Construction Cost based on current
area, volume or other unit coats and which indicates the cost
of each category of work involved in constructing the Project
and establish an elapsed time factor for the period of time
from the commencement to the completion r£ construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1- Based on the approved Schematic Doaign Documente
and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare for
approval by the Owner, Design Development Documents consisting
of drawings and other documents to fix and describe the size
and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other
elements as may be approprirte, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
2.3.2 The Architect shall advise the Owner of any adjust-
ments to the preliminary estimate of Construction Coat in a
further Detailed Statement as described in Paragraph 2.2.5.
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2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved design Development Documents
and any further adjustments in the scope or quality of the Pro-
ject or in the construction budget authorized by the Owner, the
Architect shall prepare, for Approval by the Owner, Construction
Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Pro-
ject, which shall comply with all applicable laws, statutes,
ordinances, codes and regulations.
2.4.2 The Architect shall assist the Owner in the prepa-
ration of the necessary bidding information, bidding forms, the
Conditions of the contract, and the form of Agreement between
the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjust-
ments to previous preliminary estimates of Construction Cost in-
dicated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner to connection
with the Owner's responsibilit for filing documents required
for the approval of governmental authorities having jurisdiction
over the project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONS'iltUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Ser-
vices for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and terminates
at the issuance to- the owner of the final Certificate for
Payment, unless extended under the terms of Subparagraph 9.3.3.
2.6.2 The Architect shall provide detailed administration
of the Contract for Construction as set forth below and in the
edition of AIA document A201, General Conditions of the Contract
for Construction, current as of the date of this Agreement,
unless otherwise provided in this Agreement.
2.6.3 Construction Phase duties, responsibilities and
limitations of authority of the Architect shall not be
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restricted, modified or extended without written agreement of
the Owner and Architect.
2.6.4 The Architect shall be a representative of and
advise and consult
an with the
vice atnthe(1Ow errs n direction tfrom I
time to time during the warranty period described in the
contract for Construction, i.e. one year. The Architect shall
have authority to act on behalf of the Owner only to the extent
R provided in this Agreement unless otherwise modified by written
instrument.
1
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise agreed
by the Owner and Architect in writing to become familiar with
the progress and quality of thb Work completed and to determine
e if the Work is being pe,formed in a manner indicating that the
I Work when completed will be in accordance with the Contract
f Documents. On the basis of on-site observations as an archi-
tect, the Architect shall keep the Owner informed of the pro-
gress and quality of the Work, and shall exercise the utmost
care and diligence in discovering and promptly reporting to the
Owner any defects or deficiencies in the work of Contractor or
any subcontractors. The Architect represents that he will
follow the highest professional standards in performing all
services under this Agreement. Any defective designs or
specifications furnished by the Architect will be promptly
corrected by the Architect at no cost to the Owner. The
Owner's approval, acceptance, use of or payment for all or any
part of the Architect s services hereunder or of the Project
itself shall in no way alter the Architect's obligations or the
Owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work. The Architect shall
not be responsible for the Contractor's schedules or failure to
carry out the Work in accordance with the Contract Documents
except insofar as such failure may result from Architect's acts
or omissions. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcrntractors,
or their agents or employees, or of any other persons
performing portions of the Work.
2.6.7 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through
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the Architect. Communications by and with the Architect's
consultants shall be through the Architect.
2.6.9 Based on the Architect's observations at the site
of the l and for Payment, the Architect oshall review Contractor's acertify Atheiamounts
y due the Contractor. i
2.6.10 The Architect's certification for payment shall i
constitute a representation to the Owner, based on the Archi-
tact's observations at the site as provided in Subparagraph
2.6.5 and on the data comprising the Contractor's Application {
for Payment, that the Work has progressed to the point indicated
and that the quality of the Work is in accordance with the Con-
tract Documents. The foregoing representations are subject to
minor deviations from the contract Documents correctable prior
to completion and to sfacific qualifications expressed by the
Architect. The issuance of a Certificate for Payment shall i
( further constitute a representation that the Contractor is
entitled to payment in the amount certified. However, the
or acrepresen-
issuance ade shall
tation that the Architect has (1) continuous
on-site inspections to check the quality or quantity of t`te
Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors. and material suppliers and other
data requested by the Owner to substantiate the Contractor's
right to payment or (A) ascertained how or for what purpose the
Contractor has used money previously paid on account of the
Contract Sum.
2.6.11 The Architect shall have the responsibility and
authority to reject Work which does not conform to the Contract
Documents. Whenever the Architect considers it necessary or
advisable for implementation of the intent of the Contract Docu-
ments, the Architect will have authority to require additional
inspection or testing of the Work in accordance with the pro-
visions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this
authority of the Architect nor a decision made in gocd faith
either to exercise or not exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing portions
` of the Work..
2.6.12 The Architect shall review and approve or take
other appropriate action upon Contractor's submittals Aich as
Shop Drawings, Product Data and Samples for the purpose of (1)
compliance with applicable laws, statutes, ordinances and codes;
and (2) determining whether or not the Work, when completed,
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' will be in compliance with the requirements of the contract
Documents. The Architect's action
reasonable promptness shPlinbChetWork ort inathe
to cause no delay. while
construction of the Owner or of sepaate contractors,
juil is
allowing sufficient time in the A Rehisw,+of such professional
ment to permit adequate review. quantities
not conducted for the purpose of determining the accuracy and
s for dimensions or perfor-
completeness of other dinetsailts such as
stems designed by the Contractor, all
or for substantiating
mane of equipment or sy
ex w'nich remain the responsibility of the Contactor to the
s or,
otherwiequiredse by spthe Contract Documents. The Architect's
approval of safettyg p re c u t ions of
unleextsents required
review shall not cons cificallypstated by sequences or
construction means, methods, techniques, of a specific item shall
procedures. The Architect's approval
,roval o: an assembly of which the item is a
componentnot indic. ate when professional certification of p erformance
or a uipment is required
characteristics of materials, systems q
by the Contract Documents, the Architect shall be entitled to
rely upon such certification to establish etformance macriteria
systems or equipment will meet the p
required by the Contract Documents.
2.6.13 The Architect shall pr•Opars Change Orders and
k with supporting documentation
Construction Change Directives, the Architect as provided in
and data if deemed necessary y for the Owner's approv++l and
Subparagraphs 3.1.1 and 33.3, and n.ay
execution in accordance with the Contract Docume8ns~djustment
authorize minor changes in the Work not involving ion
the Contrac
t Time in the Contract Sum or an
with thetintent of the Contract Documents.
are not inconsistent
the Architect shell
2.6.14 On behalf of the Owner,
*.onduct inspections to determined the dates Certificates Substantial
The Architect will receive
completion and Final Completion,
Substantial ant, Final Completion.
and review written guarantees and related doc+~ments required by
the Contact Documents end assembled by the Contractor and shall
issue a final certificate for P4yment. rovide recom-
k
2.6.15 The Architect shall ierfocmance not pthe Owner and
mendationa on matters concerning p
The Archi•
uni
Contract requestr feeither rthentOwner ore Cont a t. Documents o
tact's response to such re omes a shsagreed uponith reasonable
l a
y
promptness and within a
2.6.16 Interpretations and decisions of the Architect
or in the
shall hbe consistent with the e Contract Documents and intent bed inawriting inferable
from t
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form of drawings. When making such interpretations and inittial
decisions, shall
not showipartiality
Eormance by both
to either, and shall not be liable for results for interpreta-
t tions or decisions so rendered in good faith in accordance with
all the requirements of the Owner-Architect Agreement and in
the absence of negligence.
3 2.6.17 The Architect shall render written decisions with-
in a reasonable time on all claims, disputes or other matters
the Uork Contractor
in question bet of Owner
provided in he gContract
execution or progress
Documents.
1 2.6.18 The Architect (1) shall render services under the
Agreement in accordance with the hij~hest
t nd
) willoreimburse sthe
prevailing in the metro(lexthearea defective designs the Architect
for all damages caused ards
sed by
I prepares; and (3) by acknowledging payment by the Owner of any
fees due, shall not be released from any rights the Owner may
have under the Agreement or diminish any of the Architects
obligations thereunder.
2.6.14 The Architect shall provide the Owner with one
set of reproducible prints showing all significant changes to
the Construction Documents during the Construction Phase and
shall also provide the Owner with one see of reproducible
'r c as-built Drawings for the Owner's file.
ARTICLE 3
i
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless o identified Articl 2,
and they shall be paid for by the rhorner as Agreement, in addition to the compensation for Basic Services.
The services described under Paragraphs 3.2 and 3.4 shall only
be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional
Services in Paragraph 3.3 are required due to circumstances
beyond the Architects control, the Architect shall notify the
Owner prior to commencing such services. If the Owner deems
that such services described under Paragraph 3.3 are not
required, the Owner shall give prompt written notice to the
Architect. If the Owner indicates in writing that all or part
Contingent of such have Additional
no t obligation Services to proare vide tthoseu services. the
Architect shall ices.
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6 Owner will be responsible for compensating the Architect for
Contingent Additional Services only if they are not required
due to the negligence or fault of Architect,
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
! 3.2.1 If more extensive representation at the site than
is described in Subparagraph 2.6.5 i9 required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected,
employed and directed by the Architect, and the Architect shall
! be compensated therefor as agreed by the Owner and Architect. i
The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of
AIA Document B352 curr,,nt as of the date of this Agreement,
unless otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall endeavor to provide further pro-
tection for the Owner against defects and deficiencies in the
Work, but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the
Architect as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications
or other documents when such revisions are:
1. inconsistent with approvals or instructions
previously given by the Owner, including
revisions made necessary by adjustments in
the Cwner's program or Project budget;
2. required by the enactment or revision of
codes, laws or regulations subsequent to the
preparation of such documental or
3. due to changes required as a result of the
Owner's failure to render decision in a
timely manner.
3.3.2 Providin services required because of significant
changas in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of
bidding or negotiating -.nd contracting for construction, except
for services required under Subparagraph 5.2.5.
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3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, and providing other services
in connection with Change Orders and Construction Change
i Directives.
3.3.4 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction, and
furnishing services required in connection with the replacement
of such Work.
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3.3.5 Providing services made necessary by the default
of the Contractor, by major defects or deficiencies in the Work
j of the Contractor.
3.3.6 Providing services in evaluating an extensive
number of claims submitted by the Contractor or others in
connection with the Work.
3.3.7 Providing services in connection with a public
hearing or legal proceeding except
, arbitration proceeding
where the Architect is party thereto.
3.3.8 Preparing documents for alternate, separate or
sequential bide or providing services in connection with
bidding, negotiation or construction prior to the completion of
the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibilfty or other special
I studies.
3.4.2 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies
and submissions required for approvals of governmental auth-
orities or others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities,
systems and equipment.
3.4.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of draw-
ings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordina-
tion of services required in connection with construction
performed and equipment supplied by the Owner.
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3.4.8 Providing services in connection with the work of
a construction manager or separate consultants retained by the
Owner.
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3.4.9 Providing detailed quantity surveys or inventories
of material, equipment and labor.
3.4.10 Providing analyses of owning and operating costs.
3.4.11 Providing interior design and other similar ser-
vicee required for or in connection with the selection, pro-
curement or installation of furniture, furnishings and related
equipment.
3.4.12 Providing services for planning tenant or rental
spaces.
3.4.13 Making invdstigations, inventories of materials
or equipment, or valuations and detailed appraisals of existing
facilities.
3.4.14 Providing assistance in the utilization of equip-
ment or systems suct, as testing, adjusting and balancing, prepa-
ration of operation and maintenance manuals, training personnel
for operation and maintenance and consultation during operation.
3.4.15 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a final
Certificate for Payment, more than 60 days after the date of
Substantial Completion of the Work.
3.4.16 Providing services of consultants for other than
architectural, structural, mechanical and electrical engineering
portions of the Project ;.r:.vided as a part of Basic Services.
3.4.17 Providing any other services not otherwise
included in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
3.4.18 Preparing a set of reproducible record drawings
showing significant dhanges in the Woik made during construction
based on marked-up prints, drawings tad other data furnished by
the Contractor to the Architect. (Thin is for drawings prepared
in addition to those called for in Section 2.6.19.)
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ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding
requirements for the Project, including (1) the Owner's
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i objectives, (2) schedule and design constraints aid criteria,
including space requirements and iandhsite requirements,
j expendability, special equipwent, systems
as more specifically described in Paragraph 2.2.1.
all
{ 4.2 The Owner shall ,establish and update an oversee
budget for the Project, including the Construction Cost,
Owner's other costs and reasonable contingencies related to all
r of these costs. {
t 4.3 if requested by the Architect, the owner shall 1{
j furnish evidence that financial arrangements have been made to
fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized j
to act on the Owner's behalf with respect to the Project. The
I~ k Owner or such authorizer. representative shall render decisions
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly
1 and sequential progress of the Architect's services.
~i
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the
site The surveys and legal information shall ineclu e, and
applicable, greet sa and lstructures; a jacent edrainage; rights-
adjoining property deed
restrictions, restrictions, e boundaries and ncontoursr of hthetsite ~nlocations,
restrictions,
I dimensions and necessary data pertaining to existing buildings,
other improvements and trees; and information concerning avaail-
i able utility services and lines, both ublic and private,
includ
and
rts ad ationlon hedsurvey shall benreferenc ddtotat the infor m project benchmark.
Ih
4.6 The Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect.
Such services may include but are
soil not limit d to to percolation valuesp test pits, determinations corrosion and
tarts, evaluations of hazardous materials, grown
resistivity testa, including necessary operations for antici-
pating sub-soil conditions, with reports and appropriate
professional recommendations.
I P
4.6.1 The Owner shall furnish the srvices of otter
consultants when such services are reasonably required by the
the
ted
eques
and are
Architec notrretained byothetArchite tr as part of hie Bas is Services are
4,7 The Owner shall testts, tests of ehazardous
chemical, air and water r pollution
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materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time
for the Project,
erify the including Contractor's auditing Applicains for Payment mor
require to v
i
to ascertain how or for what purposes the Contractor has used
I the money paid by or or, behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished At
f the Owner's expense, and the Architect shall be entitled to
rely upon the accuracy and complete:iess thereof in the absence
of any negligence on the part of the Architect. k
I 4.10 Prompt written notice shall be given by the Owner to !
the Architect if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifi-
cations requested of the Architect or Architect's consultants
shall be submitted to the Architect for review and approval at
least fourteen (14) days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
1 ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 Ths Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
owner and equipment designed, specified, 491ectsd or specially
provided for b7 thy, Architect, plus a reasonable allowance for
the Contractor a overhead and profit. In addition, a reasonable
allowance for contingencies shall be included for market condi-
tions at the time of bidding and for changes in the 7ork during
construction.
5.1.3 Construction Cost does not include the corpensation
of the Architect and Architect's consultants, the costa of the
land, rights-of-vay, financing or other costs which are the
responsibility of the Owner as provided in Article 4.
PAGE 12
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5.2 RESPONSIBILITY FOR CONSTRUCTION
5.2.1 Evaluations of the Owner's Project budget, pre-
iiuinary estimates of Construction Cost and detailed estimates
of Construction Cost, if any, prepared by the Architect, repre-
sent the Architect's best judgment as a design professional
familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has control
over the cost of lebor, materials or equi-ement, over the Con-
€ tractor's methods of determining bid prices, or over competitive
bidding, market or negotiating conditions. Accordingly, the
Architect cannot and does not warrant or represent that bids or II
negotiated prices will not vary from the Owner's Project budget
or from any estimate of Construction Cost or evaluation prepared
or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a conditijn of this Agreement by the furnishing,
proposal or establishment of a Project budget, unless such
fixed limits has been agreed upon in writing and signed by the
parties thereto. If such a fixed limit has been astablished,
the Architect shall be permitted to include contingencies for
design, bidding and price escalation, to determine what
materials, equipment, component systems and types of construc-
tion are to be included in the Contract Documents, to make
reasonable adjustments in the scope of the Project and to
include in the Contract Documents alternate bids to adjust the
Construction Coat to the fixed limit. Fixed limits, if any,
shall be increased in the amount of an increase in the Contract
Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not com-
menced within ninety (90) days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the genaral level of prices in the construction
Industry between the date of submission of the Construction
Cocuments to the Owner and the date on which proposals are
sought. `
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
1. give written approval of an increase in zuch
fixed limit;
2. authorize rebidding or renegotiating of the
Project within a reasonable time;
3. if the Project is abandoned, terminate in
accordance with Paragraph 7.3; or
PAGE 13
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4. cooperate in revising the Project scope and
quclity as required to reduce the Construc-
tion Cost.
j 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4.
the Architect, without additional charge, shall modify the Con-
tract Documents as necessary to comply with the fixed limit, if
established as a condition of this Agreement. The modification
Of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase is commenced.
1
ARTICLE 6
f ~
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
4.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights including the copyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference in connection with
the Owner's use and occupancy of the Project. The Architect's
Drawings, Specification or other documents shall not be used by
the Owner or others on other projects, for additions to this
Project or for completion of this Project by others, unless the
Architect ina appropriate h compensation Agreement, to except
Archit
in writing and with ect.
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publica-
tion in derogation of the Architect's reserved rights.
' ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon
not less than seven days written notice should the other party
fail substantially
this Agreement through penoofault of others party with inithe tiating terms the
termination.
PAGE 14
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7.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the P.rchitect shall be compensated
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation shall
be eo-.;itably eri pti,n and resumption of provide the Architect''s expenses services. incurred in the
int
7.3 This Aa:zement may be terminated by the Owner upon
not less than seven days written notice to the Architect in the
consecutive thedProject
the
is event abandoned h by Project te Owner for m more than 90 abandoned.
Architect or the Owner may terminate this Agreement by giving
written notice.
7.4 Failure of the Owner to make payments to the Archi-
sect in accordance with
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nonperformance Agreefor termini tion. considered
7.5 if the Owner fails to make payment co Architect
within thirty (30) days of receipt of a statement for services
properly performed, the Architect may, upon seven days written
notice to the Owner, suspend performance of services under this
Agreement. Unless payment in full is received by the Architect
within seven (7) days of the date of the notice, the suspension
In the event of a
shall take effect without further notice.
suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because of
such suspension of services.
7.6 In the event of termination not the fault of the
prior to termination. for services
Architect, the performed Architect
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed by the laws of the
State of Texas.
8.2 Terms in this Agreement shall have the same meaning
the
as those in AIA Document A201
Contract for Construction, current Geasrof the Conditions off this
Agreement.
8.3 The Owner and Architect, respectively, bind them-
selves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the
Agreement.
others party with successors, respect to all covenants ofentatthisives of
PAGE 15
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neither Owner nor Architect shall assign this Agreement without
the written consent of the other.
8.4 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes all
i prior negotiations, representations or agreements, either
written or oral, This Agreement may be amended only by written
instrument signed by both Owner and Architect.
8.5 Nothing contained in this \greement shall create a
contractual relationship with or a cause of action in favor of
a third party against either the Owner or Architect.
6.6 Unlese otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no reapon-
sibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to hazardous materials in
any form at the Project site, including but not limited to
asbesros, asbestos products, polychlorinated biphenyl (PCB) or
other toxic substances, provided, however Architec the responsibility to and shall report tothet shall have
location of any hazardous material that an Architect of similar
j skill and expertise should have noticed.
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8.7 Upon receipt of prior written approval of Owner, the
Architect shall have the right to include representations of
the design of the Project, including photographs of the
I exterior and interior, among the Architect's promotional and
E professional materials. The Architect's materials shall not
include the Owner's confidential or proprietary information if
the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the
promotional materials for the Project.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits insurance, sick
leave, holidays, vacations, pensions and sim h ar contributions
and benefits.
PAGE 16
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'.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect end Architect's emiloyees and con- !
sultents in the interest of the Project, as identified in the lit
following Clauses.
' 9.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communication; and fees paid forosectring
approval of authorities having jurisdiction
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, 9.2.1.2 Expense of reproductions, postage and handling
of Drawings, Specifications and other documents. advance
s.
9.2.1.3 If authorized in of overtime work requiring higher than er rby the egular ratte expense
9.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
9.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the Archi-
tect and Architect's consultants.
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion to
services performed within each phase of service, on the basis
set forth in Subparagraph 10
9.3.2 If and to the extent that the time initially estab-
lished in Subparagraph 10.4.1 of this Agreement ii exceeded or
extended through no fault of the Architect, compensation for any
in Subparag raph lp 2m 3.ahall be
services computed inntheemannernsethforth additional
9.3.3 When compensation is based on a percentage of Con-
struction Cost and iny portions of the Project are deleted or
otherwise not conatructed~ ablentotithe f extent8eserviceos a are
the Project shall be p y
performed on those portions, in accordance with the schedule
set forth in Subparagraph 10.2.2 based on (1) the lowest bona
fide bid or negotiated proposal, or (2) if no such bid or
proposal is rece ived# the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost for
such portions of the Project.
PAGE 17
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9.4 PAYMENTS ON ACCOUNT 0 ADDITIONAL SERVICES
9.4.1 Payments on aocount of the Architect's Additional
Services and for Reimbursable Expense3 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
t ff 9.5 PAYMENTS WITHHELD
f 9.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, oe on account of
the cost of changes in the Work other than thosa for which the
Architect is responsible.
E f
9.6 ARCHITECT'S ACC1UNTINO RECORDS
s 9.6.1 Racorde of Reimbursable Expenses and expenses ~
pertaining to Additional Services and services performed on the
1 basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative
for inspection and copying during regular business hours for
three years after the date of the final Certificate of Payment.
' ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2,
aed any other services included in Article 11 as part of Basic
Services, Basic Compensation shall be six (6x) percent of the
construction cost based upon the construction contract.
10.1.2 Progress- payments for Basic Services in each
phase shall total the following percentages of the total Basic
Compensation payable:
Schematic Design Phase: fifteen percent (15X)
Design Development Phase: twenty percent (20x)
Construction Documents Phase: forty percent (40x)
Bidding or Negotiation Phase: five percent (5%)
Construction Phase: twenty percent (20X)
Total basic Compensation: one hundiad percent (100x)
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10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,
as described in Paragraph 2.21 compensation shall be computed
as follows;
f On an hourly rate basis, based on Article 10.2.2.
~ 10.2.2 FOR ADDITIONAL SERVICES han (1),x Addi tonal
described in Articles 3 and 11, other t
Project Representation, as described in Paraggraph 3.2, and (2)
services included in Article oco11 as part: nsultants, of
compensation shallCebe
but excludingg services
computed as followsi
Principals $45.00 per hour 'I
Other Employees 2.5 X hourly rate
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10.2.3 FOR ADDITIONAL chSERVICES ;cal and CONS LT NTS$enincluding electrical additional structure).,
services and those provided under Subparagraph 504.16 or
part of
to
identified in Article 11 as
itiona 1 S) times dthe amounts b lled a
(1.5)
multiple of one and one-half
the Architect for such services.
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE ite EXPENSES,
included disc ;bed in l ora-Article
graph 9.2, and any other Reimbursable Expenses, a multiple of ono and one-half (1.5)
p
employees and consultants in the intacestiofcthe P ojecthitact's
10.4 ADDITIONAL PROVISIONS Ir THE l0 , been compl ted withinl twelve v(12) months iof the edate
have not
hereof, the oservic s' beyond fthate time shall be tcompens tedtas
Architect
provided in Subparagraphs 9.3.3 and 10.2.2.
10.~ (30) days
t.2 Payments are due and payable thirty
from the datof the Archttect's invoice. Amounts unpaid ,
thirty (30) days after r he invoice eate shall bear interest at
percent
the rate
PAGE 19
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ARTICLE 11
OTHER CONDITIONS OR SERVICES
Mwrt descriptions of other services, identify Addirlonal Services included vWAw
Basic Compensation and modifications to the payment and comparsatfon terms included in
Ws Agreement.?
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This agreement entered into as of the day and year first
written above.
i
CITY OF DENTON, TEXAS, THE ARCHITECTURAL COLLECTIVE l
OWNER INC.j ARCH TECTS
ii BY: BY:
RAY i
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ATTEST:
a , j CITY SECRETAR 433
JMIFER :
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH9 CITY ATTORNEY
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BY:
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DATE: March 11, 1969
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT; SUPPLEMENT TO WORKERS' COMPENSATION AGREEWNT
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RECONH£NOATItN; Staff recommends adding volunteers to the City's Workers'
1 Compensation policy to cover injuries they may suffer while
providing us a service.
SUMMARY:
The City presently does not have a
volunteers when injured while in our se vices. f Fortunatelyg
none of our volunteers have suffered any injuries in the
past; however, we should prepare for such an event,
1 F ,
By adding volunteers to cur Workers' Compensation policy, the
City would be better protected for two reasons first, we
would be protected by the exposure limits outlined in the
Workers' Compensation statute and secondly, our excess
Workers' Compensation coverage would also protect us,
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PROGRAMS, DEPARTWNTS OR GROLPS AFFECTED;
All departments utilizing boards and commissions would be
affected.
FISCAL IMPACT: This supplemental agreement would cost the insurance fund
approximately $500.
pectfully submitted:
L oy arre
Prepared by; City Manager
3
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Risk ManF Approved;
' • .`ti7 n rams
xecutive Director of Finance
1429E
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2005L
NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENT TO THE
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS POLITICAL SUB-
DIVISIONS WORKERS' COMPENSATION JOINT INSURANCE FUND; PROVIDING
FOR COVERAGE FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That pursuant to art. 8309h, V.A.C.S., the elected '
offic a e o the City shall be eligible for worker's compensation
I benefits in accordance with state law,
' SECTION II. That the Mayor is authorized to execute a supple-
ment to t the agreement between the City of Denton and the Texas
Political Subdivisions Workers' Compensation Joint Insurance Fund 9
for the purpose of providing the benefits prescribed by art.
8309h of the Texas Workers' Compensation Act to volunteers, under
the terms and conditions contained in said agreement which is
attached hereto and made a part hereof,
SECTION III. That the City Council hereby authorizes the
expenditure `of funds in the manner and amount at specified in the
agreement.
SECTION IV. That this ordinance shall become effective j
imme ate y upon its passage and approval.
{
PASSED AND APPROVED this the day of , 1988.
FLAY II
' KAYOR
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ATTEST:
JEIMIF'ER VE , CITY SECRETAR
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY.,
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SUPPLEMENT TO INTERLOCAL AGREEME14T
TEXAS POLITICAL JSOUBDIVISIONSCWOFUNDS' COMPENSATION
INsuPANE nthe Fund
further N considerations of fthePFund'
additional benefits and I 's agreement
coveregeament is amended by adding
to pay thereto such enefitse the
the following applicable Interlocal
the
Volunteers - Firemen, Policemen and Emergency Medical Personnel - desc fora whiny ch a payrollnClassificationoisecheckedsbelow,nshall sustained and
injury, Including death resulting therefrom, while acting within the
onubehalfof the their medical mum
compensation payments provided under the Texas Workers' Compensation
Law.
{
Other Volunteers - Inside and Outside - Ifyythe Fund Member specifi-
Call
registerrssesuchlnamesrwithhthetFund.heppndyyanpayrollrclassificationoiso
Fund will pay Onrbehalf of the fund Mamberstherfullfinedicalcbenefitshand
checked elow Fund wi pay
~ the minimum compensation payments provided under the Texas Workers'
Compensation law for injury, including death resulting therefrom,
sustained by such persons le acting within the course and scope of
official their duties,
i
Elected Officials - if a resolution of the governtgqngg bod has been
adopted cles lficationgIsfCheckedtbelow,isuchselecteduofficialsawhiled
a payroll class
political
co ered within by the Interlocal Agreement astanyrothercemployeeeof the shall
subdivision,
The Fund Member agrees to pay premium for the payroll classificatiros
checked below:
Description of Group of Employees
7 7704
Volunteer Firemen Code Code 7
04
Volunteer Police" n 720
Volunteer EM Personnel Code Code 7 7742
.Other Volunteers-inside Code 3724
Other Elected oOf! cials~tside Code $742
The parties to this agreement of theits u TexasseWorkintenrld'tCompansolrAke
applicable to themselves any provision 1
Law not already in force and effect as to them. This agreement shall be -
a
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subJect to all the terms, provisions and conditions of the Interlocal
Agreement, and nothing herein contained shall vary, alter or extend any
term, provision or condition of the Interlocal Agreement except as
herein specifically stated,
This agreement shall be effective on , 19
contract Number - Fund Member
4
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By:
signature
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Title
S
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` 71 TEXAS POLITICAL SUBDIVISION WORKERS'
COMPENSATION JOINT INSURANCE FUND
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By
IF3 1
Fund Secretary
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CRITZ L IFFOR ADMINISTMTION OF YOLONTARY CO NSATION
"OTHER VOLVNTEERS"
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1. Calculation of Premium
A. use 96,200 annual payroll per volunteer (or 0431
monthly)
8. Use the following high-low classification codes:
1) All inside volunteers - Code 8742 (Messengers,
` I Social Workers, Elected Officials). To quality,
the volunteer's activities must take place
exclusively indoors.
2) All outside volunteer. - Code 3724 (Traffic Signals `
r and Controls) Any routine activities of the
volunteer taking place outdoors would require usage
of this code.
Ii. Prior to effect of coverage
A. TPS WC Member will furnish TPS Fund a written '
description of the duties and activities of volunteers
to be covered (see suggested form) TPS 8. ofSthe name, ofithelvolunteers tonbeacoveredtitlknowng
(see sugget d form).
C. TPS 14C Member will furnish TPS
the "Supplement
group of volunteers to be covered will be named and the
effective date recorded.
III. To effect coverage and premium charge
A. Premium worksheet will be revised to reflect additional i
panyroll
type proper
requesting coverage.
S. Billing statement will be revised to reflect premium
change.
t
C. Upon receipt of copy of "Supplement", TEIA will notify
field claims personnel of new coverage in effect.
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f IV. After coverage is in effect
A. TP3 NO Member will keep updated listing of names of
volunteers along with dates they become volunteers or
ceased volunteer work. An updated listing will be sent
to TP3 Fund office Quarterly.
s
8. TBIA will audit at year end the volunteer comp payrolls
based on the updated listing maintained by the TPS NO
Member.
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{ TPS NO FUND VOLUNTARY COMP6N3ATION
_OTHER VOLUNTEERS"
Please send us a listing of all current "other volunteers".
I Coverage is on a notification basis. Claims will be accepted
only for volunteers listed. This list will need to be updated
' quarterly,
OUTSIDE VOLUNTEERS jCode 3724)
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1) Description of duties:
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2) Names of volunteers to be covered:
Date Became Date Removed
Name Volunteer from Volunteer Status
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' TPS No
?UP VOLUNT/LRV rOKPlNSATION
12
'OT$ER VO/.tltf'l'saRa„ '
Please sand us a listing of all current "other volunteers".
Coverage is on a notilicsti.n basis. Claims will be accepted
only for volunteers lists 1,
quarterly This list will need to be updated
, ,
INSIDE VOLUNTEERS (Code 6742)
i
J i) Description of duties: °
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2) Name of volunteere to be coveredl
ame Date Became Date Removed
Yolu- nteer from Volunteer tatus
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! DAZE: 03/08/86
'0~
CITY COUNCIL REPORT FORMAT
1/ A
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CLAIMS ADJU51M£NT SERVICES
s
RECOMMENDATION: a
d
Staff recommends approving the attached contract for third party t
claims adjustment services to be provided by Employers' Claims
Adjustment Services.
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BACKGROUND:
" On September 15, 19879 the City's Risk Retention Program was
approved, which contained Employers' Claims Adjustment Services
proposal to provide claims adjustment services. Since that time, we
have been negotiating with them over contract language. Their
performance has been superior to that of our previous adjusters
through timely and thorough claims investigations.
Since negotiations over services and contract language have
occurred, the contract makes both the City aid Employers Insurance
Company responsible for our respective actions.
' PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Legal Department and Risk Management activities will be affected
the most by this contract. This contract will alleviate a number of
their present duties which are normally provided by claim adjusters.
`y
FISCAL IMPACT:
Acceptance of this contract will cost the insurance fund
approximately $30,000.0U.
Res ful/lY/ub ed:
L1 V. Harrell
~ Prepared by: City Manager
x
Harlan L.-Jef
a Rlsk Manage a~
Approved:
rane
ecutive Director of Finance
263OF
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Y'r 1
2006L
NO.
i
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
EMPLOYERS CLAIMS ADJUSTMENT SERVICES, INC. FOR PROFESSIONAL
SERVICES FOR CLAIMS ADMINISTRATION; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
I
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION 1. That the City Council hereby approves and
author zes t e Mayor to execute the agreement between the City
of Denton and Employers Claims Adjustment Services, Inc.
providing for professional services for claims administration y
under the terms and conditions contained in said agreement, a
copy of which is attached hereto and made a part hereof.
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SECTION It. That the City Council hereby authorizes the
expenditure o funds in the manner and amount as specified in
the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY STEPHENSO MAYOR
ATTEST:
j EN FER AL ER , CITY SECRETM
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY E
BY:
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5
2006L
Contract No. L0004
THE SPATE OF TEXAS S
THIRD PARTY LOSS MANAGEMENT
COUNTY OF DENTON S PROFESSIONAL SERVICES CONTRACT
1. PURPOSE
Employers Claims Adjustment Services, Inc„ a Texas f
Corporation, ('Employers') is a corporation engaged in providing
various claim management services. The City of Denton is a
nonprofit political subdivision, This City during the term of
this Agreement as specified in paragraph two (2), desires to use
the services of Employers as provided in this Agreement. The
purpose of this Agreement is to set forth the duties and
obligations of the pasties and the compensation to be paid.
II. TERM
i
The term of this Agreement shall be from October 10 1987 to '
September 30, 1988 and annually thereafter, unless amended as
provided in paragraph ten (10), or cancelled as provided in
paragraph twelve (12). The anniversary date of this agreement
shall be October 1.
III. SCOPE
Employers shall t
perform the services specified in paragraph
four (4). Employers shall provide these services in accordance E
with the requirements of any regulatory authority having
jurisdiction. Where required by law or regulation, Employers
will utilize licensed claims adjusters to render contracted ti
service. The services shall be petformed in accordance with t,
yenerally accepted professional standards and in accordance with a
such legal requirements or restrictions as may be imposed by
governmental authority. Employers is expressly forbidden to act
for the City of Denton in any other capacity, or to represent
itself in any manner as an agent of the City of Denton, except
under the terms hereof. During the term of this Agreement,
Employers, and Employers' employee(s), shall be considered and
act as an independent contractor and shall not be considered as
employees of the City of Denton. Employers shall furnish all
labor required to perform the services and will have full control
I and direction over the method and manner of supervision of their
employees.
IV. SERVICES TO BE PROVIDED
A. Within the term specified in paragraph two (2), Employers
agrees to provide claims management, administration, and settle-
ment recommendation services to the City of Denton for the
following classifications of coverages.
i
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1. General Liability
2. Auto Liability
3. Police Professional Liability
4. Public officials Liability
City of Denton agrees to report to Employers all such claims
covered under this Agreement on a timely basis.
B. Employers shall establish claim files to include claim
codings, reserves, and record of payments for the reported claims.
C. Employers shall investigate, adjust, make settlement
recommendations to the City of Denton and negotiate settlements
k on behalf of the City of Denton with the injured third parties or
their duly assigned representative. These services shall be
provided by Employers on a timely basis.
D. Employers' settlement authority shall not exceed the
mutually agreed value reached between Employers and the City of
Denton previous to settlement negotiations with the injured third
party or its duly assigned representative. At the onset of this
agreement, the mutually agreed upon value is $2,500) however,
this amount may be adjusted, effective upon receipt of written
notice from the City authorizing such adjustment.
E. During the term of this Agreement as established in
paragraph two (2), Employers agrees to return to the City of
Denton all claims closed in each preceding contract period within
thirty (30) days following the anniversary date of the Agreement i
as specified in paragraph two (2) herein.
F. The City of Denton shall establish a Risk Retention Fund rr'
j (herein after referred to as Fund) as a loss fund. This Risk i
Retention Fund shall be funded by the City of Denton for payment 1
of claims. The cost of printing checks or check requisitions and
any other specialized form as required by Employers to administer
this program, which are not in common use by Employers, shall be
paid for by the City of Denton.
1. Employers shall not be given the authority to issued drafts
' and/or checks in payment of claims hereunder.
2. The City of Denton shall be solely responsible for funding
and agrees to maintain such fund at a level to pay said
claims and claims expense.
3. All cost in connection with establishing the Risk Retention
Fund and with maintaining such loss fund will be paid by 1
the City of Denton.
PAGE 2
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4. Administration and account reconciliation o the Fund
shall be the responsibility of the City of Denton.
G, Employers shall not be obligated, under this agreement, to
provide safety and loss control services, upon request from the
City of Denton, Employers will offer said services at the expense
of the City of Denton.
H. It is understood that as of the date of execution of this
Agreement, the City has no excess insurance. However, should
City obtain such coverage, City agrees to notify Employers of
such coverages in writing and to furnish reporting levels.
Thereafter, Employers shall notify city and any excess insurers j
applicable to any claim that may potentially fall within the
excess :arrier's level of coverage and, if requested, provide
Cicy ano such excess insurers with information on the current
status of those claims and potential losses.
1. Employers will supply to the City of Denton during the
term hereof, monthly loss reports. Such reports shall include a
detailed listing of all claims by areas or departments, loss
paymenta, open reserves, code description by type of losses.
Employers shall not be responsible for failure of the City of
Denton to notify Employers of said claim incident or settlement,
or other circumstances beyond Employers' control. Should this
1 Agreement be terminated for any reason, Employers shall furnish
II statistical reports on a quarterly basis for three (3) years at a ¢
cost of $100 per line per year. !
J. Employers will not be obligated to prepare on behalf of {
the city of Denton any official reports or documents required by
Federal, State or Local authorities in connection with claims
handling.
K. Employers shall furnish all standard claim forms necessary j
for proper claims administration.
L. Employers shall recommend and upon approval by the City of s'
Denton retain and supervise legal counsel on behalf of the City
of Denton for the defense of any litigation. Any suit handled by
Employers shall be in the name of the City of Denton.
M. This Agreement does not require Employers to provide j
services to the City of Denton, under the terms of this contract, t
for losses or occurrences prior to the commencement date of this
Agreement. In no event shall Employers have any liability or
obligation for work performed or expense incurred by others.
N. Appeal of any case shall be solely at the discretion of
the City of Denton.
PAGE 3
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V. COMPENSATION
A. Employers shall be compensated by the City of Denton as
invoiced. Compensation shall be payable within thirty (30) days
of receipt of the invoice. Fees shall be as set forth in
Addendum I.
i
B. Exclusions: The fee schedule contained in Addendum I does
not include the following items:
1. Attorney's fees, reporter's fees, bonds of any nature or
type (including but not limited to appeal and supersedeas
bonds) and court costs;
2. Medical examinations and witness fees;
i. i
3. official documents and transcripts;
4. Photographs, official reports and appraisals;
5. Expert's fees, subrogation investigations and sub rosa
investigation; $
s 6. Extraordinary travel expense, incurred at the City of
Denton's request;
7. Safety and loss control expense;
3 S. Any extraordinary expense, and
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9. Any other expense not expressly assumed by Employers
herein.
The City of Denton shall pay expenses of this nature form the
City of Denton's lose fund and Employers shall not be required to
advance funds on behalf of the City of Denton for such Expenses.
C. In the event the City of Denton fails or refuses to make
the payment of fees as herein provided, Employers reserves the
right to terminate this Agreement by giving thirty (30) days
written notice and to collect any and all payments that are
earned pro rata for the period of the agreement preceding
contract termination.
VI. LEGAL STATUS
Employers is a corporation(s) duly organized, validly
existing and in good standing under the laws of the respective
states in which Employers operates with power to carry on its own
business as now being conducted. The City of Denton warrants
that it has approval, if required, to operate a self-insured
program in the State covered in the Agreement.
s
PAGE 4
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VII. GOOD FAITH ERROR AND OMISSION
No accidental errors or omissions upon the part of either
party shall relieve the other party of its responsibilities under
this Agreement, provided such errors or omissions are rectified
as soon after discovery as possible. Employers may be held
accountable for any act of negligence, as now or hereafter may be
defined by the Texas Supreme Court, in handling any claim, or
administrative service, or, any deliberate or willful failure to
carry out reasonable instructions of the City of Denton with
respect to a specific matters in such event, Employers agrees to
indemnify and hold harmless the City of Denton from any damages
occasioned by said negligence) provided however, Employers shall
not be held accountable for any increased cost or expense to the
City of Denton based upon any allegation that a claim, risk
management or administrative service could h:,ve been handled
differently, if its agents have not been negligent in performing
the investigations set forth in Section IV.
VIII. CONFIDENTIALITY
Employers agrees that information released to it by the City
of Denton for the purpose of performing the agreed upon services
shall be kept confidential and shall be used only in connection
with the performance of said duties for the City of Denton,
Employers shall exercise reasonable care to preserve said
information but shall not be liable for unauthorized disclosure
which may occur in spite of such care. Employers shall not be
responsible for any information 11) generally known in the
industry, (2) known prior to release by the City of Denton, (3)
independently developed by Employers or (4) published or
otherwise becoming available to others without restriction.
IX, CONFLICT
Nothing in this agreement shall prevent Employers from
representing other cities. However, should Employers be assigned
a claim by the City of Denton wherrsin Employers has also y
previously received an assignment fcum a adverse company, or
party also represented by Employers, Employers will so inform the
City of Denton. Solely at the discretion of the City of Denton,
Employers may continue to handle such claim or the City of Denton
may assign the same to another third party claims administrator.
Employers shall incur no liability for failing to notify the City
of Denton of any claim wherein a conflict may exist.
X. AMENDMENTS
This Agreement may be altered, extended, changed or amended
in writing by mutual agreement of the parties hereto when dated
i
PAGE 5
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and attached hereto without altering the other terms of this
Agreement.
Amendments regarding changes in prices for services provided
under this Agreement may be made by the parties by giving thirty
(30) days written notice prior to the effective date of such a
price change.
XI. CONTINUATION
F
This Agreement will automatically be renewed unless written
notice is received by either party sixty (60) days prior to the
expiration date specified in paragraph two (2).
XII. CANCELLATION
iif This Agreement may be cancelled by either party by providing
sixty (60) days written notice at the addresses specified in
paragraph seventeen (17). N
m r . OBLIGATIONS AT TERMINATION
1 A. Whether this Agreement terminates by exercise of the right
of cancellation, as provided in paragraph twelve (12), or by
exercise of the right of nonrenewal as provided in paragraph
eleven (11), Employers will, upon mutual agreement with the City
Cf Denton, continue handling those open claims reported during
the active term of this Agreement until such claims have been
closed.
1. In return for the continuation of the open claims
service, the City of Denton agrees to the provisions of
this Agreement and to the claims administration fees as
described in Addendum I and shall pay Employers monthly
on the basis of these terms until all remaining open
claims handled by Employers are settled (closed).
2. Those open claim files remaining after the effective i
date of termination, which are subsequently closed by
Employers, shall be returned to the City of Denton.
These closed claim files will be returned to the City
of Denton once each year, within forty-five (45) days
following what would have been the normal anniversary
date of this contract. At City's option, Employers
will handle any claims which occur during the term of
the Agreement but which were not reported until after
contract termination.
3. Upon termination of this Agreement, Employers shall
return to the City of Denton within forty-five (45)
( days after the effective day of said termination all
cloned claim files not previously returned. i
PAGE 6
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t.
B. Under no circumstances is Employers obligated to handle
the City of Denton's remaining open claims if the termination of
this Agreement results from nonpayment of fees, as provided in
paragraph five (5), section C.
C. Should the City of Denton upon termination of this
Agreement not desire continuation of claims handling services on
any remaining open claims, Employers shall bring to current
status all claim files and Employers shall:
f
1. Return all open claim files within ten (10) days after
the effective date of said termination to the City of
Denton or its designee.
i
2. Return all claim files which had been closed within the
j preceding contract period to the City of Denton or its
designee within forty-five (45) days after the
effective date of said termination.
The cost incurred to package and transport both the open and
closed files to a third party designate shall be born by the City
of Denton without further obligation to Employers. {
4
XIV. SEVERABILITY
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If any separable provision hereof shall be held to be invalid
or unenforceable, such invalidity or unenforceability shall not
affect any other provisions hereof.
I XV. ASSIGNABILITY
This Agreement shall be binding upon and inure solely to the
benefit of the parties hereto and their respective successors anG
assigns, and no other person shall acquire or have any right
under or by virtue of this Agreement. This Agreement may not be
assigned or transferred by either of the parties without ninety
(90) days prior written consent of the other party heretol except
that either party may assign this Agreement to a subsidiary or
affiliate company, or except under the circumstances specified in
paragraph nine (9)0 Conflict.
XVI. ACCESS TO AND OWNERSHIP OF BOOKS AND RECORDS
e It is expressly agreed that claim files, excepting for the
f
internal working papers of Employers, will be deemed to be owned 1
by the City of Denton. However, the parties to this Agreement
shall each have the right, upon reasonable notice, to inspect and
to audit claim files of the other party, with respect to the
subject matter of this Agreement.
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PAGE 7
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Employers shall at all times during the continuance of this
Agreement or within three (3) years after it termination have
free access to the books, records and files pertaining to claims
of the City of Denton administered by Employers for the purpose
of
A. verifying consideration payable by the City of Denton upon
f which charges under this Agreement are determined.
k ! B. Derermining the responsibility of Employers arising out of
any claim alleging unfair claim practices or alleged
improprieties on the part of officers, employees, agents
or other representatives of Employers,
XVII. NOTICES
The City of Denton agrees that it will appoint a coordinator
and Employers shall work primarily through this individual for
liaison purposes. Any noL :ce to the attention of the appointed
coordinator shall constitute notice to the City Of Denton. All
notices shall be deemed given upon receipt by the other party.
i
The City of Denton, Denton, Texas
Attention: Ms. Debra Drayovitch
215 E. McKinney
Denton, Texas 76201
l
Employers Claims Adjustment Services, Inc.
Attention: Mr. James W. Thornton, DCM
Sherman District Office
4107 Texoma Parkway
Sherman, Texas 75090 f
Either party may change the coordinator designated and the
address designation by written notice to the other party.
XVIII. APPLICABLE LAW
This Agreement is to be construed, governed, and enforced
I under the laws of the State of Texas, Situs of the Agreement is
i agreed to be Denton County, Texas.
P
XIX. HEADINGS
The headings of this agreement are for the convenience of
reference only and shall not affect in any manner any of the
` terms and conditions hereof.
i'
XX. ENTIRE CONTRACT
This Agreement embraces the entire Agreement between the
parties. No oral agreement or representation concerning this
PAGE 8
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4greemen:: shall be binding. any amendments must be in writing
and signed by an officer of each of the parties,
Executed, in duplicate, at Denton, Texas on this day of
~ , 198x, i
EMPLOYERS CLAIMS ADJUSTMENT CITY OF DENTON, DENTON, TEXAS.
SERVICES, JNC., a Texas a nonprofit Texas Political
Corporation Subdivision
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I BY: BY:
RAY STEPHENS, MAYOR
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1 FEES AND EXPENSES
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1. $3s per hour for a field adjuster's service
Z, $45 per hour for a home office adjuster's service a
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3. .26 per mile auto charge
4, 934 for each claim file creation
S. Monthly computerized loss reports at $600 annually for each
line of coverage recorded.
A. General Liability
8. Auto Liability
0. Police Professional Liability
D. Public Officials Liability
4, Employers Claims Adjustment Services has no copying charge
and no separate administrative fees. Special services,
including but not limited to, out-of-state adjusting firma
and services, reconstructive engineering reports, photo-
copy studies, legal defense, special investigators and
witness transportation and lodging fees will be charged
to the City of Denton at actual cost.
7. Any sales tax, if applicable.
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DATE: March 11, 1988
CITY COUNCIL REPORT FORMAT
4
TO: Mayor and Members of the City Council
FROM, Lloyd V, Harrell, City Manager
ttt
SUBJECT: SALE OF CONTRACTUAL OBLIGATIONS
t
RECOMMENDATION= Approval of the ordinance for the sale of contractual
1
obligations in order to finance the City's 1987-88
lease-purchase budgeted vehicles.
i
' SUMMARYi This ordinance allows for the selling of debt in order to
lease-purchase vehicles over a three-year period of time.
A
BACAGROUNDs Pursuant to the prior discussions with City Council at ite ?
work session on March i, the state Legislature has allowed
the cities to use its financing mechanism in conjunction with
i,
their lease-purchasing programs.
FISCAL IMPACTS It is anticipated that the fiscal impact by the City acting
as the financing agent will be a savings of 1/24 to 3/14 of
interest cost.
Respectf :Vubtt i
Lloyd V. Harrell
' w City Manager
r" Prep ed bp
l { John F. Moutane
' Executive Director of Finance
` Appr veds
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ity Manager - l ~ti
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p~7
ORDINANCE AUTHORIZING THE ISSUANCE OF
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS
WHEREAS, the Public Property Finance Act, Sec-
tion 271.0011 et seq., Texas Local Government Cade (the
"Act") authorizes, among others, cities to execute, perform,
and make payments under contracts with any person for the
use, acquisition or purchase of personal property as de-
scribed in the Act; and
WHEREAS, the Act permits the governing body of a city
to execute contracts in any form deemed appropriate by said
governing body in connection with the use, acquisition or
purchase of personal property; and
WHEREAS, the City Council of the City of Denton, Texas
(the "Issuer") desires to acquire or purchase personal
property, to-wit; an ambulance and related safety equip-
ment, fire trucks, fire equipment, garbage trucks, general
purpose trucks, police car equipment and street maintenance
equipment, or such other personal property, appliances,
equipment, facilities, furnishings or interests therein,
whether movable or fixed, deemed by the City Council of the
Issuer to be necessary, useful and/or appropriate for the
purposes of the Issuer (the "Property"); and
WHEREAS, the City Council of the Issuer deems it
appropriate to adopt this ordinance and issue the "Con-
tractual obligations" herein authorized as permitted by the
Act.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF s
DENTON, 7EXAS;
Section I, AMOUNT AND PURPOSE OF CONTRACTUAL OBLIGA-
TIONSs That the said Issuer's Public Property Finance
Contractual obligations (hereinafter sometimes called
"Contractual obligations") are hereby authorized to be
issued in the aggregate principal amount of $775,000, FOR t
THE PURPOSE OF PAYING ALL OR A PORTION OF THE ISSUER'S
CONTRACTUAL OBLIGATIONS TO BE INCURRED IN CONNECTION WITH
THE ACQUISITION OR PURCHASE OF PERSONAL PROPERTY, IN AC-
CORDANCE WITH THE PROVISIONS OF THE PUBLIC PROPERTY FINANCE
ACT, SECTION 771.0010 ET SEQ., TEXAS LOCAL GOVERNMENT CODE.
Section 2. DESIGNATION. That said Contractual Obliga-
tions shall be designated as then CITY OF DENTON, TEXAS
PUBLIC PROPERTY FINANCE CONTRACTUAL, OBLIGATIONS, SE-
RIES 1988.
Section 3. DATE, DENOMINATIONS, NUMBERS, AND MATURI-
TIES OF CONTRACTUAL OBLIGATIONS. That initially there shall
be issued, sold, and delivered hereunder fully registered
contractual obligations dated March 1, 19880 in the denomi-
nation of $5,000 or any integral multiple thereof, payable
to the respective initial registered owners thereof (as
designated in Section 19 hereof), or to the registered
assignee or assignees of said contractual obligations or any
portion or portions thereof (in each case, the "registered
owner"), shall be numbered consecutively from R-1 upward,
and shall mature on the maturity date, in each of the years,
and in the amounts, respectively, as set forth in the
following schedule:
MATURITY DATE: JULY 1
k
YEARS AMOUJ;Ts
1989 $ 245,000
1990 260,000
1991 270,000 f
a
The term "Contractual Obligations" as used in this Ordinance
shall mean and include collectively the contractual obliga•-
tions initially issued and delivered pursusnt to this
Ordinance and all substitute contractual obligations ex- }
changed therefor, as well as all other substitute contrac-
tual obligations and replacement certificates issued pur-
suant hereto, and the term "Contractual Obligation" shall
mean any of the Contractual obligations. i
Section 4. INTEREST. That the Contractual obligations
shall bear interest from the dates specified in the FORM OF
CONTRACTUAL OBLIGATION not forth in this Ordinance to their
' maturities payable January 1, 1989, and semiannually there-
after on July i and January i of each year, at the following i
rates per annum:
t
maturities 1989, t
maturities 1990, }
maturities
1991
r 3
Said interest shall be payable in the manner provided in the j
FORM OF CONTRACTUAL OBLIGATION set forth in this Ordinance.
Section 5. CHARACTERISTICS OF THE CONTRACTUAL OBLIGA-
TIONS. (a) Registration Transfer Conversign and Exchancel
=11enticatiOn. That the Issuer shall keop or cause to be
kept at the prlnoippal corporate trust office of MTrust Corp,
National Association, Dallas, Texas (the "Paying Agent/
Registrar") books or records for the registration of the
transfer, conversion and exchange of the Contractual Obliga-
tions (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
registrations of transfers, conversions and exchanges under
2
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i
such reasonable regulations as the Issuer and the Paying y
Agent/Registrar may prescribe; and the Paying k
Agent/Registrar shall make such registrations, transfers, 1(11
conversions and exchanges as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration
Books the address of the registered owner of each Contractu-
al obligation to which payments with respect to the Contrac-
tual obligations shall be mailed, as herein provided; but it
shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall
not be mailed unless such notice has been given. The Issuer
shall have the right to inspect the Registration Books
during regular businesti hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/ Registrar shall keep the
Registration Books confidential and, unless otherwise
required by law, shall not permit their inspection by any
other entity. The Issuer shall pay the Paying
Agent/Registrarl's standard or customary fees and charges for
i making such registration, transfer, conversion, exchange and
{ delivery of a substitute Contractual Obligation or Contrac-
tual Obligations. Registration of assignments, transfers,
conversions ,Nnd exchanges of Contractual obligations shall
be made in the manner provided and with the effect stated in
the FORM OF CONTRACTUAL OBLIGATION set forth in this Ordi-
nance. Each substitute Contractual obligation shall bear a
letter and/or number to distinguish it from each other
Contractual Obligation.
Except as provided in Section 5(c) of this Ordinance,
an authorized representative of the Paying Agent/Registrar
shall, before the delivery of any such Contractual Obliga-
tion, date and manually sign said Contractual obligation,
and no such Contractual obligation shall be deemed to be
issued or outstanding unless such Contractual nbligation is
so executed. The Paying Agent/Registrar promptly shall
cancel all paid Contractual obligation or Contractual
Obligations surrendered for conversion and exchange. No
additional ordinances, orders, or resolutions need be passed
or adopted by the Issuer or any other body or person so as
to accomplish the foregoing conversion and exchange of any
Contractual obligation or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution,
and delivery of the substitute Contractual Obligations in
the manner prescribed herein, and said Contractual Obliga-
tions shall be of type composition printed on paper with
lithographed or steel engraved borders of customary weight
and strength. Pursuant to Vernon#$ Ann. Tex. Civ. St. Arto
717k-6, and particularly Section 6 thereof, the duty of
conversion and exchanCe of Contractual obligations as
aforesaid is hereby imposed upon the Paying Agent/ Ratq e-
trar, and, upon the execution of said Contractual Obliga-
tions, the converted and exchanged Contractual Obligations
shall be valid, incontestable, and enforceable in the same
3
manner and with the same effect as the Contractual Obliga-
tions which initially were issued and delivered pursuant to
this Ordinance, approved by the Attorney General, and regis-
tered by the Comptroller of Public Accounts.
(b) Payment of Contractual Obligations and Interest. t
The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the i
principal of and interest on the Contractual Obligations, }
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 Contractual obligations.
(c) In General. The Contractual Obligations (i) shall
be issued in fully registered farm, without interest cou-
pons, with the principal of and interest on such Contractual
Obligations 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 Contractual Obliga-
tions, (v) shall have the characteristics, (vi) shall be
signed, sealed, executed and authenticated, (vii) the
principal of and interest on the Contractual obligations
shall be payable, and (viii) shall be administered and the
Paying Agent/Registrar and the Issuer shall have certain
duties and responsibilities with respect to the Contractual
Obligations, all as provided, and in the manner and to the
effect as required or indicated, in the FORM OF CONTRACTUAL
OBLIGATION sat forth in this ordinance. The Contractual
obligations initially issued and delivered pursuant to this
ordinance (to which Contractual obligations is attached the
Registration Certificate of the Comptroller of Public
Accounts) are not required to be, and shall not be, authen-
ticated by the Paying Agent/Registrar, bit on each substi-
tute Contractual obligation issued in conversion of and
exchange for any Contractual Obligation or Contractual
obligations issued under this Ordinance the Paying
Agent/Registrar shall execute the PAYING AGENT/REGISTRARIS
AUTHENTICATION CERTIFICATE, in the form set forth in the
FORM OF CONTRACTUAL OBLIGATION. The Paying Agent/Registrar
shall fill in the date of delivery of the Contractual
Obligations under the heading "original Issue Date" as it
appears on the face of each of the Contractual Obligations
upon the initial delivery of the Contractual Obligations to
the purchaser named in Section 19 of this ordinance.
(d) Substitute Paving Agsn /RegistraX. The Issuer
covenants with the registered owners of the Contractual
Obligations that at all times while the Contractual Obliga-
tions are outstanding the Issuer will provide a competent
and legally qualified bank, trust company, financial insti-
tution, or other agency to act as and perform the services
of Paying Agent/Registrar for the Contractual Obligations
4
4
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end Ret F
and
under this O. e, The die uer reservesnthe Aright oi,strar
will be one entity.
may, at its option, change the paying Agent/ Registrar upon
not lass than 120 days written notice to the Paying 60 Agent/Registrar, to be effective not later adate after
prior to the next principal or interest payment at any time
at notice. in- the event that
Aget/Registrar t (orenitsy successor by
acting as Paying should resign or
merger, acquisition, or other method)
otherwise cease to act as such, the Issuer
a competent and legally n qualified
promptly it will app
bank, trust company, financial institution, or other agency
to act as Payin.4 Agent/Registrar under this Ordinance. Upon
any change in the Paying Agent/Registrar, the previous
Paying Agent/Registrar promptly shall transfer and deliver
the Registration Books (or a copy thereof), along with all
other pertinent books and records relating to the Contractu-ar de nated
al Obligations, to the new Paying a any changsrin designated
' and appointed by the Issuer.
Agent/Registrar, the Issuer promptly will cause
notice thereof to be sent by the new Paying gent/RegiUstra
to each registered owner of the Certificate, by
j States Mail, first-class postage prepaid, which n Regiice ent { shall give the addreve of position tandn performing gas such, each
By accepting the e p p s
Paying Agent/Registrar shall be deemed to have agreed f°this '
provisions of this Ordinance, and a certified copy
Ordinance shall be delivered to each Paying Agent/Registrar.
Section 6. FORM OF CONTRACTUAL OBLIGATIONS. The form
of the Contractual Obl# includ the forz the
Paying Agent/RegistrarisatAuthentication d C rtificate of the
fors of Assignment and the form of the Registration Certifi-
cate of the Comptroller of Public Accounts of the Sti cu
ed
C Texas to be attached to the Certificates initially
and delivered pursuant to this Ordinan:e, shall be# respec-
F
tively, substantially as follows, with such appropriate
variations omissions, or this Ordinance, insertions as are permitted or
required b 5
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FORM OF CONTRACTUAL OBLIGATION
NO. R-_ UNITED STATES OF AMERICA PRINCIPAL
STATE OF TEXAS AMOUNT
CITY of DENTON, TEXAS $
PUBLIC PROPERTY FINANCE t
CONTRACTUAL OBLIGATION !
SERIES 1198
ORIGINAL INTEREST
ISSUE DATE RATE II
March It 1988 ;
THE CITY OF DENTON, TEXAS (the "Issuer"), hereby
promises to pay to '
or the registered assignee hereof (either being here nafter
called the "registered owner") the principal amount of }
and to pay interest thereon from the original issue date 1i
specified above, on January 1, 1989 and on the first day of
each July and January thereafter while this Contractual
Obligation is outstanding at the interest rate per annum
specified abovef except that if this Contractual Obligation
is required to be authenticated and the date of its authen-
tication is later than January 1, 1989, such principal
amount shall bear interest from the interest payment date
next preceding tha date of authentication, unless such date
of authentication is after any Record Date (hereinafter de-
fined) but on or before the next following interest payment
date, in which case such princi al amount shall bear inter-
set from such next following interest payment dates pro-
vided, however, that if on the date of authentication hereof
the interest on the Contractual Obligation or Contractual
obligations, if any, for which this Contractual obligation
is being exchanged or converted from is due but has not been
paid, then this Contractual obligation shall bear interest
from the date to which such interest has been paid in full.
IN CONSIDERATION of the registered owner's acceptance
hereof, which acceptance shall constitute the registered
owner's assent hereto and to the terms and conditions of the
ordinance authorizing the issuance of this Contractual
obligation (the "Ordinance"), the issuer hereby unilaterally
contracts with such registered owner that it will utilize
the net availe!ble proceeds of the Contractual obligations,
after payment of the costs of issuance related thereto, to
acquire or purchase personal property in accordance with the
Ordinance and the Issuer's plan of acquisition therefor.
THE PRINCIPAL OF AND INTEREST ON this Contractual
obligation are payable in lawful money of the United States
of America, without exchange or collection charges. The
principal of this Contractual obligation shall be paid to
the registered owner hereof upon presentation and surrender
6
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of this Contractual obligation at maturity at the principal
corporate trust office of MTrust Corp, National Association,
Dallas, Texas, which is the "Paying Agent/Registrar" for
this Contractual Obligation. The payment of interest on
this Contractual obligation shall be made by the Paying
Agent/Registrar to the registered owner hereof as shown by
the Registration Books kept by the Paying Agent/Registrar at
the close of business on the fifteenth date of the month
next preceding such payment date (the "Record Date") by
check drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the City required to be on deposit
with the Paying Agent/Registrar for such purpose as herein-
after providedt and such check or draft shall be sent by the
Paying Agent/Registrar by United States Mail, first-class
postage prepaid, on each such payment date, to the regis-
tered owner hereof, at its address as it appeared at the
close of business on the Record Date on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter
described, The Issuer covenants with the registered owner
of this Contractual Obligation that on or before each
principal payment date and interest payment date for this
Contractual Obligation it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund"
created by the Ordinance, the amounts required to provide
for the payment, in immediately available funds, of all
~ principal of and interest on the Contractual Obligations,
when due.
IF THE DATE for the payment of the principal of or
interest on this Contractual obligation shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institu-
tions in the city where the principal corporate trust office
of the Paying Agent/Registrar is located are authorized by
law or executive order to close, or the United States Postal
Service is not open for business, then the date for such
payment shall be the next succeeding day which is not such a
Saturday, Sunday, legal holiday, or day on which banking
institutions are authorized to close, or the United States v
Postal Service is not open for businesst and payment on such
date shall have the same force and effect as if made on the
original date payment was due.
THIS CONTRACTUAL OBLIGATION is one of a Series of
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS dated as of
March 1, 19880 authorized in accordance with the Constitu-
tion and laws of the State of Texas in the principal amount
of $775,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF
THE ISSUER'S CONTRACTUAL OBLIGATIONS TO BE INCURRED IN
CONNECTION WITH THE ACQUISITION OR PURCHASE OF PERSONAL
PROPERTY, IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC
PROPERTY FINANCE ACT, SECTION 271-002o ET SEQ., TEXAS LOCAL
GOVERNMENT CODE.
7
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THIS CONTRACTUAL OBLIGATION OR ANY PORTION OR PORTIONS
HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned
and shall be transferred only in the Registration Books kept
by the Paying Agent/Registrar acting in the capacity of
registrar for the Contractual obligations, upon the terms
and conditions set forth herein and in the Ordinance. This
Contractual obligation may only be assigned and transferred
upon presentation and surrender to the Paying Agent/Regis-
trar for transfer of registration and cancellation, together
with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/
Registrar, evidencing assignment of this Contractual Obliga-
tion or any portion or portions hereof to the assignee or
assignees in whose name or names this Contractual obligation
or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed
or endorsed on this Contractual obligation shall be executed
by the registered owner, or its duly authorized attorney or
E representative, and shall conclusively evidence the assign-
ment hereof. Upon surrender of this Contractual Obligation
or any, portion or portions hereof for transfer of registra-
tion, an authorized representative of the Paying Agent/Reg-
istrar shall wake such transfer in the Registration Books,
I and shall deliver a new Contractual obligation or Contrac-
tual obligations payable to such assignee or assignees, or
to the registered owner hereof in the case of the assignment
and transfer of only a portion of this Contractual Obliga-
tion, in exchange for this Contractual Obligation, all in
the form and manner as provided in the next paragraph hereof
for the conversion and exchange of Contractual obligations.
The registered owner of this Contractual obligation shall be
deemed and treated by the Issuer and the Paying
4 Agent/Registrar as the absolute owner hereof for all pur-
poses,including payment and discharge of liability upon
this Contractual obligation to the extent of such payment,
4 and the Issuer and the Paying Agent/Registrar shall not be
affected by any notice to the contrary.
i ALL CONTRACTUAL OBLIGATIONS OF THIS SERIES issued as a
result of a transfer, conversion or exchange are issuable
solely as fully registered certificates, without interest
coupons, in the denomination of any integral multiple of
$5,000. In accordance with the form and procedures set
forth in the Ordinance, this Contractual obligation, or any
i unpaid portion hereof, may, at the written request of the
registered owner or the assignee or assignees hereof, or its
l or their duly authorized attorneys or representatives, with
11 guarantee of signatures satisfactory to the Paying Agent/
Registrar, be converted into ani exchanged for a Contractual
L Obligation or Contractual obligations of like aggregate
I principal amount, payable to the appropriate registered
owner, assignee, or assignees, as the case may be, having
the same due dates, and bearing interest at the same rate,
in any denomination or denominations in any integral
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ry
multiple of $6,000 as requested, with appropriate changes in
the schedule of principal installments payable on the due
dates to reflect the different denominations thereof, upon
surrender of this contractual obligation to the Paying
Agent/Registrar at its principal corporate trust office for
cancellation. The one requesting a transfer, conversion, or
exchange shall pay any taxes or governmental charges re-
quired to be paid with respect thereto as a condition
precedent to the exercise of such privilege of transfer, f
conversion or exchange. The Paying Agent/Registrar shall
not be required to make any such transfer, conversion, or
exchange during the period commencing with the close of M
business on any Record Date and ending with the opening of k`
business on the next following principal or interest payment
date.
IN THE EVENT any Paying Agent/Registrar for the Con-
tractual obligations is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted
in the Ordinance that it promptly will appoint a competent
and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the registered owners of the
Contractual Obligations.
IT IB HEREBY certified, recited and covenanted that
this Contractual Obligation has bean duly and validly
authorized, issued, and deliveredi that all acts, condi-
tions, and things required or proper to be performed, exist,
and be done precedent to or in the authorization, issuance,
and delivery of this Contractual obligation have been
performed, existed, and been done in accordance with laws
that this Contractual Obligation is a general obligation of
the Issuer, issued on the full faith and credit thersofi and
that annual ad valorem taxes sufficient to provide for the
payment of the interest on and principal of this Contractual
Obligation, as such interest, comes due and such principal
matures, have been levied and ordered to be levied rgainst
all taxable property in the Issuer, and have pledged for
such payment, within the limit prescribed by law.
BY HIS ACCEPTANCE the registered owner assents to the
terms and provisions of the Ordinance, a copy of which is on
file in the official records of the Issuer, and tlue Contrac-
tual Obligation, agrees to be bound by such terms and
provisions, and agrees that the terms and provisions of this
Contractual Obligation and the Ordinance constitute a
contract between each registered owner hereof and the
1 Issuer.
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IN WITNESS WHEREOF, the Issuer has caused this Contrac-
tual Obligation to be signed with the manual or facsimile
signature of the Mayor of the Issuer and countersigned with
the manual or facsimile signature of the City Secretary of
the Issuer, and has caused the official seal of the Issuer
i to be duly impressed, or placed in facsimile, on this
Contractual Obligation.
t
(signature) (signature)
City Secretary Mayor
(SEAL)
FORM OF PAYING AGENT/REGISTRAA.OS AUTHENTICATION CERTIFICATE
C PAYING AGENT/REGISTRARtS AUTHENTICATION CERTIFICATE
(To be executed if this Contractual obligation
is not accompanied by an executed
f Registration Certificate of the
I Comptroller of Public Accounts
k of the State of Texas)
It is hereby certified that this Contractual Obligation
has been issued under the provisions of the ordinance ;
described on the face of this Contractual Obligation; and a
1. that this Contractual obligation has been issued in convey- t
sion or replacement of, or in exchange for, a contractual
obligation, contractual obligations, or a portion of a
contractual obligation or contractual obligations of a
Series which originally was approved by the Attorney General
of the State of Texas and registered by the Comptroller of
Public Accounts of the State of Texas.
Dated:
MTrust Corp, National
Association, Dallas, Texas
Paying Agent/Registrar
1 By
Authorized Representative
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FOBN OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns
}I and transfers unto
I
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address, including zip
code of Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the 1
books kept for registration thereof, with full power of i
substitution in the premises.
Dated:
i
Signature Guaranteed:
NOTICE: Signature(s) must NOTICE: The signature above
be guaranteed by a member must correspond with the
firm of the New York Stock name of the Registered owner
Exchange or a commercial as it appears upon the front
bank or trist company. of this Bond in every parti-
cular, without alteration or
enlargement or any change
whatsoever.
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k
FORM OF REGISTRATION CERTIFICATE OF
TxF mMwrROiLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Contractual obligation has
been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this
Contractual Obligation has been registered by the Comptrol-
ler of Public Accounts of the State of Texas.
Witness my signature and seal this
Comptroller of
Public Accounts of the
I State of Texas
i
I' ! (COMPTROLLER'S SEAL)
1!
i Section 7. DEFINITIONS. That the terms defined in
this Section for all purposes of this ordinance, except
where the context by clear implication shall otherwise
! require, shall have the respective meanings as follows,
' to-wit:
(a) The term "Code" shall mean the Internal Revenue
Code of 1986, as amended.
l
i (b) The terms "Contractual Obligation", "Contractual ~
Obligations" shall mean the Public Property Finance Contrac-
I tual Obligations, series 1988 authorized to be issued and
delivered by this ordinance.
(c) The term "Paying Agent/Registrar" shall mean
initially MTrust Corp, National Association, Dallas, Texas
or any successor named by the issuer in accordance with the
provisions of Section 5 of this Ordinance.
Section 8. INTEREST AND SINKING FUND. The City of
Denton, Texas, Series 1988 Contractual Obligatio interest
and sinking Fund, hereinafter called the "Interest
~
Sinking Fund" is hereby authorized and shall be established
and maintained in a depository bank of the Issuer, so long
as the Contractual obligations, or interest thereon, are
outstanding and unpaid.
Section 9. USE OF INTEREST AND SINKING FUND. on or
before the 25th day of December, 19880 and on or before the
25th day of each June and January thereafter so long as any
of the Contractual O:Aigations remain outstanding, there
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shall be deposited in the interest and Sinking Fund an
amount, together with other amounts in the Interest and
Sinking Fund, not less than the amount of the installment of
principal and interest coming due on the Contractual Obliga-
tions on the next succeeding payment date. The Interest and
Sinking Fund shall be used to pay the principal of and
interest on the .Contractual obligations as such principal
and interest come due.
Section 10. TAX LEVY. All ad valorem taxes levied and
collected for and on account of said Contractual obligations
shall be deposited, as collected, to the credit of the
Interest and Sinking Fund. During each year while any of
said Contractual Obligations are outstanding and unpaid, the
City Council of said Issuer shall compute and ascertain a
rate and amount of ad valorem tax which will be sufficient
to raise and produce the money required to pay the interest
on said Contractual obligations as such interest comes due,
and to provide and maintain a sinking fund adequate to pay
the principal of such Contractual obligations as such
principal matures (but never less than 2% of the original
i principal amount of said Contractual Obligations as a
I sinking fund each year); and said tax shall be based on the
latest approved tax rolls of said Issuer, with full allow-
ance being made for tax delinquencies and the cost of tax
collection. Said rate and amount of ad valorem tax is
hereby levied, and is hereby ordered to be levied, against
all taxable property in said Issuer for each year while any
of said Contractual Obligations are outstanding and unpaid;
and said tax shall be assessed and collected each such year
and deposited to the credit of the aforesaid Interest and
Sinking Fund. Said ad valorem taxes sufficient to provide
for the payment of the interest cn and principal of said
Contractual obligations, as such interest comes due and such
principal matures, are hereby pledged for such payment,
within the limit prescribed by law.
Section 11. SECURITY FOR FUNDS. All Funds created by
this Ordinance shall be secured in the manner and to the
fullest extent permitted or required by law for the security
of public funds, and such Funds shall be used only for the
purposes and in the manner permitted or required by this
Ordinance.
Section 12. DEFEASANCE OF CONTRACTUAL OBLIGATIONS.
(a) Any Contractual obligation and the interest thereon
shall be deemed to be paid, retired, and no longer outstand-
ofg this "Defeased
except Contractual Obligation") tithe extent within
in meaning (d) of this Section 12, when payment of the princi-
pal of such Contractual Obligation, plus interest thereon to
the due date (whether such due date be by reason of maturity
or otherwise) either (i) shall have been made or caused to
be made in accordance with the terms thereof, or (ii) shall
13
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have been provided for on or before such due date by irrevo-
cably depositing with or making available to the Paying
Agent/Registrar for such payment (1) lawful money of the
United States of America sufficient to make such payment or
(2) Government Obligations which mature as to principal and
interest in such amounts and at such times as will insure i
the availability,-without reinvestment, or sufficient money E[
to provide for such payment, and when proper arrangements
have been made by the Issuer with the Paying Agent/Registrar E
for the payment of its services until all Defeased Contrac-
tual Obligations shall have become due and payable. At such
time as a Contractual obligation shall be deemed to be a
Defeased Contractual obligation hereunder, as aforesaid,
such Contractual obligation and the interest thereon shall
no longer be secured by, payable from, or entitled to the
benefits of, the ad valorem taxes herein levied as provided
in this ordinance, and such principal and interest shall be
payable solely from such money or Government obligations.
(b) Any moneys so deposited with the Paying Agent/
Registrar may at the written direction of the Issuer also be
invested 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/
j Registrar which is not required for the payment of the
Contractual Obligations and interest thereon, with respect
to which such money has bean so deposited, shall be turned
over to the Issuer, or deposited as directed in writing by
the Issuer.
(c) The term "Government Obligations" as used in this
Section 12, 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 Trea-
sury obligations such as its State and Local Government
Series, which may be in book-entry Form.
(d) Until all Defeased Contractual obligations shall
have become due and payable, the Paying Agent/Registrar
shall perform the services of Paying Agent/Registrar for
such Defeased Contractual obligations the same as if they
had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as re-
quired by this Ordinance.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR
DESTROYED CONTRACTUAL OBLIGATIONS. (a) Replacement Con-
tractual Obligations. In the event any outstanding Contrac-
tual obligation is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be
printed, executed, and delivered, a new contractual obliga-
tion of the same principal amount, maturity, and interest
rate, as the damaged, mutilated, lost, stolen, or destroyed
14
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Contractual Obligation, in replacement for such Contractual
obligation in the manner hereinafter provided.
(b) Application fnr R placement Contractual Obliga-
tions. Application for replacement of damaged, mutilated,
lost, stolen, or destroyed Contractual obligations shall be
made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft, or de-
struction of a Contractual obligation, the registered owner
applying for a replacement contractual obligation 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 Issuer, the registered owner shall furnish to the jf
Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such
Contractual obligation, as the case may be. In every case
of damage or mutilation of a Contractual Obligation, the
registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Contractual obligation
so damaged or mutilated.
(c) No Default occurred. Notwithstanding the forego-
ing provisions of this section 13, in the event any such
Contractual obligation shall have matured, and no default
has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on
this Contractual Obligation, the Issuer may authorize the
payment of the same (without surrender thereof except in the
case of a damaged or mutilated Contractual Obligation)
instead of issuing a replacement contractual obligation,
provided security or indemnity is furnished as above provid-
ed in this Section 13.
(d) rth" ge for Issuing QeRlacement Contractual Obliaa-
tions. Prior to the issuance of any replacement contractual
obligation, the Paying Agent/Registrar shall charge the
registered owner of such Contractual obligation with all
legal, printing, and other expenses in connection therewith.
Every replacement contractual obligation issued pursuant to
the provisions of this Section 13 by virtue of the fact that
any Contractual obligation is lost, stolen, or destroyed
shall constitute an obligation of the Issuer whether or not
the lost, stolen, or destroyed Contractual Obligation 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 Contractual
obligations duly issued under this ordinance.
(e) Authority for Issuing Replacement Contractual
I obligations. In accordance with Section 6 of Vernon's Ann.
Tex. Civ. St. Art. 717k-6, this Section 13 of this Ordinance
shall constitute authority for the issuance of any such
' 15
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replacement certificate without necessity of further actin
by the Issuer or any other body or person, and the duty of
the replacement of such contractual obligations is hereby
authorized and imposed upon the Paying Agent/Registrar, and
the Paying Agent/Registrar shall authenticate and deliver
such Contractual Obligations in the form and manner and with
the effect, as provided in Section 5(a) of this ordinance
for Contractual obligations issued in conversion and ex-
change of other Contractual Obligations.
Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF
CONTRACTUAL OBLIGATIONS. The Mayor of the Issuer is hereby
authorized to have control of the Contractual Obligations
initially issued and delivered hereunder and all necessary
records and proceedings pertaining to the Contractual
obligations pending their delivery and their investigation, !
examination, and approval by the Attorney General of the
State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of
the Certificates said Comptroller of Public Accounts (or a
deputy designated in writing to act for said comptroller)
shall manually sign the Comptroller's Registration certifi-
cate attached to such Contractual Obligations, and the seal
of said Comptroller shall be impressed, or placed in facsim-
ile, on such Certificate,
t Section 15. CONTRACTUAL UNDERTAKING WITH REGISTERED
OWNER. The Issuer hereby, and by the acceptance of each of
the Contractual Obligations, contractually obligates and
commits itself to utilize the net proceeds available from
the issuance and delivery of the Contractual obligations,
after payment of costs of issuance related thereto, for the
acquisition or purchase of the Property in accordance with
this ordinance and the Issuer's plan of acgnl.sition there-
for.
Section 16. REMEDIES IN EVENT OF DEFAULT. In addition
to all of the rights and remedies provided by the laws of
the State of Texas, the Issuer covenants and agrees that in
the event of default in payment of principal or interest on
1 any of the Contractual Obligations when due, or, in the
event it fails to make the payments required to be made into
the Interest and Sinking Fund or defaults in the observance
of performance of any other of the contracts, covenants,
conditions or obligations set forth in this ordinance or in
r the Contractual Obligations, the following remedies shall be
availablet
(a) the registered owners shall be entitled to a writ
of mandamus issued by a court of competent juris-
diction compelling and requiring the Issuer and
the officials thereof to observe and perform the
contracts, covenants, obligations or conditions
prescribed in this Ordinances and
16
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(b) any delay or omission to exercise any right or
power accruing upon any default ,shall not impair
any such right or power nor be construed to be a
waiver of any such default or acquiescence there-
in, and every such right and power may be ex-
ercised from time to time and as often as may be
deemed expedient.
Section 17. COVENANTS REGARDING TAX EXEMPTIOV OF
INTEREST ON THE CONTRACTUAL OBLIGATIONS. The Issuer cove-
nants to take any action to assure, or refrain from any ac-
tion which would adversely affect, the treatment of the
Contractual obligations as obligations described in sec- r
tion 103 of the Code, the interest on which is not includ-
able in the "gross income" of the holder for purposes of
federal income taxation. In furtherance thereof, the Issuer
covenants as follows:
i
(a) to take any action to assure that no more
than ten percent of the proceeds of the Contractual
obligations (less amounts deposited to a reserve fund,
if any) are used for any "private business use", as
defined in section 141(b)(6) of the code or, if more
than ten percent of the proceeds are so used, that
j amounts, whether received by the Issuer, with respect
to such private business use, do not, under the terms
of this order or any underlying arrangement, directly
or indirectly, secure or provide for the payment of
more than ten percent of the debt service on the
Contractual Obligations, in contravention of section
141(b)(2) of the Code; r
(b) to take any action to assure that in the
event that the "private business use" described in sub-
section (a) hereof exceeds five percent of the proceeds
of the Contractual Obligations (less amounts deposited
into a reserve fund, if any) then the amount in excess
of five percent is used for a "private business use"
which is "related" and not "disproportionate", within
the meaning of section 141(b)(3) of the Code, to the
governmental use;
(c) to take any action to assure that no amount
which is greater than the lesser of $5,000,000, or five
percent of the proceeds of the Contractual Obligations
(less amounts deposited into a reserve fund, if any) is
directly or indirectly used to finance loans to per-
sons, other than state or local governmental units, in
contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would
otherwise result in the Contractual obligations being
treated as "private activity bonds" within the meaning
of section 141(b) of the Code;
17
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(e) to refrain from taking any action that would
result in the Contractual Obligations being '$federally
guaranteed" within the meaning of section 149(b) of the
Code;
(f) to refrain from using any portion of the pro-
ceeds of the Contractual obligations, directly or
indirectly, to acquire or to replace funds which were
used, directly or indirectly, to acquire investment
property (as defined in section 148(b)(2) of the Code)
which produces a materially higher yield over the term
of the Contractual obligations, other than investment
property acquired with
(1) proceeds of the Contractual obligations
invested for a reasonable temporary period of
three years or less until such proceeds are needed
for the purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt
service fund, within the meaning of section
1.103-13(b)(12) of the Treasury Regulations, and
(3) amounts deposited in any reasonably re-
quired reserve or replacement fund to the extent
such amounts do not exceed ten percent of the pro-
ceeds of the Contractual obligations; }
(g) to otherwise restrict the use of the proceeds
of the Contractual obligations or amounts treated as
proceeds of the Contractual obligations, as may be
necessary, so that the Contractual Obligations do not
otherwise contravene the requirements of section 148 of
the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to
advance refundings);
(h) to pay to the United States of America at
least once during each five-year period (beginning on
the date of delivery of the Contractual obligations) an
amount that is at least equal to 90 percent of the
"Excess Earnings", within the meaning of section 148(f)
of the Code and-to pay to the United States of America,
not later than 60 days after the Contractual obliga-
tions have been paid in full, 100 percent of the amount
then required to be paid as a result of Excess Earnings
under section 148(f) of the Code; and
issueri)to tfulfillaitss responsibilities ihereunder and
under section 148 of the Code and to retain such
records for at least six years following the final pay-
ment of principal and interest on the Contractual
obligations.
18
It is the understanding of the Issuer that the covenants
contained herein are intended to assure compliance with the
Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. In the event
that regulations or rulings are hereafter promulgated which
modify or expand provisions of the Code, as applicable to
the Contractual Obligations, the Issuer will not be required
to comply with any covenant contained herein to the extent
that such modification or expansion, in the opinion of
nationally-recognized bond counsel, will not adversely
affect the exemption from federal income taxation of inter-
est on the Contractual Obligations under section 103 of the
Code. In the event that regulations or rulings are hereaf-
ter promulgated which impose additional requirements which
are applicable to the Contractual Obligations, the Issuer
agrees to comply with the additional requirements to the
extent necessary, in the opinion of nationally-recognized
bond counsel, to preserve the exemption from federal income
taxation of interest on the Contractual obligations under
section 103 of the Code.
Section 18. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS.
The Issuer hereby designates the Contractual obligations as
"qualified tax-exempt bonds" as defined in section 265(b)(3)
of the Code. In furtherance of such designation, the Issuer
represents, covenants and warrants the following: (a) that
during the calendar year in which the Contractual Obliga-
tions ate issued, the Issuer !including any subordinate
i entities) has not designated nor will designate bonds, which
when aggregated with the Contractual obligations, will
result in more than $10,000,000 of "qualified tax-exempt
bonds" being issued; (b) that the Issuer reasonably antici-
pates that the amount of tax-exempt obligations issued
during the calendar year in which the Contractual Obliga-
tions are issued, by the Issuer (or any subordinate enti-
ties) will not exceed $10,000,000; and, (c) that the Issuer
will take such action or refrain from such action as neces-
sary, and as more particularly set forth in Section 10 of
this Order, in order that the Contractual Obligations will
not be considered "private activity bonds" within the
meaning of section 142 of the Code.
Section 19, SALE OF CONTRACTUAL OBLIGATIONS AND
AUTHORIZATION OF AN ESCROW AGREEMENT. That said Contrac-
tual obligations are hereby sold and shall be delivered
to First Southwest Company, as placement agent, for the par
value thereof and any accrued interest to date of delivery,
and any such accrued interest shall be deposited into the
Interest and Sinking Fund. The Contractual Obligations
initially shall be registered in the name of First Southwest
Company. As Escrow Agreement substantially in the form
attache' hereto as Exhibit A, between the Issuer and First
Stste ba.ik, Denton, Texas, is hereby approved, and shall be
executed by the City Manager and City Secretary of the
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Issuer, on behalf of the City Council of Denton, and the
proceeds from the sale of the Contractual obligations shall
be deposited in the Contractual Obligation Escrow Fund
established pursuant to the Escrow Agreement.
Section 20. EMERGENCY. That is is hereby officially
found and dete.xmined and declared. that a case of emergency
or urgent public necessity exists which requires the holding
of the meeting at which this ordinance is passed, such
emergency or urgent public necessity being that the proceeds
from the sale of said Contractual obligations are required
as soon as possible and without delay for necessary and
urgently needed public improvements; and that said meeting
was open to the public, and public notice of the time,
place, and purpose of said meeting was given, all as re-
quired by Vernon's Ann. Civ. St. Article 6252-17.
Section 21. EFFECTIVE DATE. That this Ordinance shall
j take effect and be in full force and effect from and after
the date of its passage, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, this 15th day of March, 1988, at which
meeting a quorum was present.
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Mayor,
City of Denton, Texas
€ ATTEST:
City Secretary,
City of Denton, Texas
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ESCROW AGREEMENT
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THIS ESCROW- AGREEMENT, dated as of March 15, 1988
(herein, together with any amendments or supplements hereto,
called the "Agreement") is entered into by and between the
City of Denton, Texas (herein called the "Issuer") and First
State Bank, as escrow agent (herein, together with any
successor in such capacity, called the "Escrow Agent"). The
addresses of the Issuer and the Escrow Agent are shown on
Attachment "A" attached hereto and made a part hereof.
W I T N E S S E T H:
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WHEREAS, the Public Property Finance Act, Sec-
tion 271.0010 et seq., Texas Local Government Code (the
? "Act") authorizes the Issuer to execute, perform, and make
payments under contracts with any person for the use,
acquisition or purchase of personal property as described in
the Act; and
WHEREAS, the Act permits the governing body of the
Issuer to execute contracts in any form deemed appropriate
by said governing body in connection with the use, acquisi-
tion or purchase of personal property; and
WHEREAS, the governing body of the Issuer desires to
acquire or purchase personal property, to-wit: an ambulance
and related safety equipment, fire trucks, fire equipment,
garbage trucks, general purpose trucks, police car equipment
and street maintenance equipment, or such other personal
property, appliances, equipment, facilities, furnishings or
interests therein, whether movable or fixed, deemed by the
body of the
governing Y Issuer to be necessary, useful and/or
appropriate for the purposes of the Issuer (the "Property");
end
WHEREAS, the governing body of the Issuer has adopted
an ordinance (the "Ordinance") authorizing the issuance,
sale and delivery df $775,000 of City of Denton, Texas
Public Property Finance Contactual Obligations, series 1988
(the "Contractual Obligations"); and
WHEREAS, the Ordinance authorized the execution of an
Escrow Agreement in substantially the form hereof and the
deposit of the proceeds of the sale of the Contractual
obligations in the Escrow Fund (hereinafter dofined); and
WHEREAS, the Escrow Agent is a party to this Agreement
to acknowledge its acceptance of the terms and provisions
hereof.
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NOW, THEREFORE, in consideration of the mutual under-
takings, promises and agreements herein contained and in
consideration of Ten Dollars ($10.00) duly paid by the
Issuer to the Escrow Agent concurrently herewith, the
receipt of which is hereby acknowledged, provide a source of
paying the costs of acquisition and purchase of the Property
and the costs of- issuance of the Contractual Obligations,
the Issuer and the Escrow Agent mutually undertake, promise,
and agree for themselves and their respective representa-
tives and successors, as follows:
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ARTICLE I f
1 DEFINITIONS AND INTERPRETATIONS
SECTION 1.01. Definitiong. Unless the context clearly }
indicates otherwise, the following terms shall have the
meanings assigned to them below when they are used in this
Agreement;
"ayQ,rjyed Representative,' shall mean with respect to
I the Issuer, the City Manager, Director of Finance or such
P other party hereafter designated by the governing body of
the Issuer.
"Escrow Fund" means the fund created by this Agreement
to be administered by the Escrow Agent pursuant to the
provisions of this Agreement.
"Permitted ITeatments" shall mean all forms of invest-
ment then authorized by law for the investment of the
general funds of the Issuer.
SECTION 1.02. Other Definitions. The terms "Agree-
ment", "Issuer", "Escrow Agent", "Contractual obligations",
"Ordinance" and "Property", when they are used in this
Agreement, shall have the meanings assigned to them in the
preamble to this Agreement.
V SECTION 1.03. =nterprstatic=. The titles and head-
ings of the articles and sections of this Agreement have
c.. been inserted for convenience and reference only and are not
to be considered a part hereof and shall not in any way
modify or restrict the terms hereof. This Agreement and all
of the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein and to
achieve the intended purpose of providing for the acquisi-
tion or purchase of the Property and the payment of the
costs of issuance with respect to the Contractual obliga-
tions.
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ARTICLE II
DEPOSIT OF FUNDS
SECTION 2.01. Deposits in the Escrow Fir, Concur-
rently with the sale and delivery of the Contractual Obliga-
tions the issuer .shall deposit, or cause to be deposited,
with the Escrow Agent, for deposit in the Escrow Fund, the
proceeds of the sale of the contractual Obligations other
than proceeds representing accrued interest, if any, which
is to be deposited to the Interest and Sinking Fund estab-
lished Ly the Ordinance, and the Escrow Agent shall, upon
the receipt thereof, acknowledge such receipt to the Issuer
in writing.
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ARTICLE III
CREATION AND OPERATION OF SCROW FUND
SECTION 3.01. Escrow Fund. The Escrow Agent has
created on its books a special trust fund and irrevocable
j escrow to be known as the Contractual Obligations Escrow
Fund (the "Escrow Fund"). The Escrow Agent hereby agrees
that upon receipt thereof it will deposit to the credit of
f the Escrow Fund the funds described in Section 2.01 hereof.
1 such deposit, all proceeds therefrom, and all cash balances
from time to time on deposit therein (a) shall be the
property of the Escrow Fund, and (b) shall be applied only
in strict conformity with the terms and conditions of this
Agreement.
SECTION 3.02. Trust Fund. The Escrow Agent shall hold
at all times the Escrow Fund and all assets of the Escrow
Fund, wholly segregated from all other funds and securities
on deposit with the Escrow Agenti it shall never allow any
other assets of the Escrow Fund to be commingled with any
other funds or securities of the Escrow Agents and it shall
hold and dispose of the assets of the Escrow Fund only as
set forth herein. The assets of the Escrow Fund shall
always be maintained by the Escrow Agent as trust funds and
a special account thereof shall at all times be maintained
on the books of the Escrow Agent. The amouifts received by
the Escrow Agent under this Agreement shall not be consid-
ered as a bank ig deposit by the Issuer, and the Escrow
Agent shall have no right to title with respect thereto
except as a constructive trustee and Escrow Agent under the
terms of this Agreement. The amounts received by the Escrow
Agent under this Agreement shall not be subject to warrants,
drafts or checks drawn by the Issuer but shall be disbursed
or withdrawn, in connection with the costs paid or incurred
by the Issuer with respect to the use, acquisition or
purchase of Property, solely upon the receipt of written
direction from an Authorized Representative in the form of
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the "Payment Request Form" attached hereto as Attachment B.
The Escrow Agent shall retain on file copies of each Payment
Request Form.
SECTION 3.03. Moneys Secured. All moneys deposited
with the Escrow Agent and not invested in securities by the
Escrow Agent pursuant to the provisions hereof or to the
extent not insured by the Fediral Deposit Insurance Corpora-
tion or other federal agency, shall continuously be secured,
for the benefit of issuer and the holders of the Bonds, to
the extent and as required by law for security of Issuer's
funds. Such securities shall be deposited with the Escrow
Agent.
SECTION 3.04. H, ""x+~thorized Transfers. No money
shall be withdrawn or transferred from orovipaid out of the
ded in section
Escrow Fund except as herein expressly p y
3.02.
SECTION 3.05. In~+estm nt of Money in Escrow Fund. All
money held by the Escrow Agent pursuant to this Escrow
Agreement shall be deposited or invested only in Permitted
Investments and only at the written direction of the Author-
ized Representative. The Issuer intends that such funds
j shall be invested in Permitted Investments so as to obtain
! the highest yield practicable, having due regard for the
1 maintenance of the exclusion of interest on the Contractual
Oblioations from the gross income of the owners thereof, for
the funds safety will be required dfornusesr ands pudate rposes o specified such
this Escrow Agreement.
All interest and other income received by the Escrow
Agent from investment of the Escrow Fund shall be retained
in the Escrow Fund.
The Escrow Agent shall not be liable for any loss
resulting from the making or disposition of any vestment i.
shall be
pursuant to this Section, and any such
charged to the Escrow Fund.
ARTICLE IV
RECORDS AND-REPORTS
SECTION 4.01. Racer The Escrow Agent will keep
books of record and account in which complete and correct
entries shall be made of all trans&ctions relating to the
application of the
receipts, disbursements, allocations and money and Permitted investments deposited to the Escrow Fund
and all proceeds thereof, including specifically the submis-
sion
funds pursuant atoe any Rsuch s submission, and such books shall
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be available for inspection at reasonable hours and under
reasonable conditions by the issuer and the owners of the
Contractual Obligations.
SECTION 4.02. Reports. While this Agreement remains
in effect, the Escrow Agent annually shall prepare and send
to the issuer a written report summarizing all transactions
relating to the Escrow Fund during the preceding year,
together with a detailed statement of all Permitted invest-
ments and the cash balance on deposit in the Escrow Fund as
of the end of such period.
ARTICLE V
CgNCER_NING THE ESCROW AGENT
SECTION 5.01. R0 oresentations1 The Escrow Agent
hereby represents that it has all necessary power and
1 authority to enter into this Agreement and undertake the
obligations and responsibilities imposed upon it herein, and
that it will carry out all of its obligations hereunder.
SECTION 5.02. Timitation on Liability. The Escrow
Agent makes no representations as to the value, conditions
or sufficiency of the Escrow Fund, or any part thereof, or
as to the title of the Issuer thereto, or as to the security
{ afforded ility or hereby
responsibility Escrow
in o respect to any no
incur any lia
! such matters.
3 It is the intention of the parties hereto that the
II Escrow Agent shall never be required to use or advance its
own funds or otherwise Incur personal financial liability in
l the performance of any of its duties or the exercise of any
of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action
' taken or neglected to be taken by it in good faith in any
exercise of reasonable care and .alieved by it to be within
the discretion or power conferred upon it by this Agreement,
nor shall the Escrow Agent be responsible for the conse-
quences of any error-of judgment; and the Escrow Agent shall
not be answerable except for its own action, neglect or
default, nor for any loss unless the same shall have been
through its negligence or want of good faith.
unless it is specifically otherwise provided herein,
the Escrow Agent has no duty to determine or inquire into
the happening or occurrence of any event or contingency or
the performance or failure of performance of the Issuer with
respect to arrangements or contracts with others, with the
to sole duty hereunder being deliver to thee Q same the
Escrow Escrow Agent's
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accordance with this Agreement. If, however, the Escrow
Agent is called upon by the terms of this Agreement to
determine the occurrence of any event or contingency, the
Escrow Agent shall be obligated, in making such determina-
tion, only to exercise reasonable care and diligence, and in
event of error in making such determination the Escrow Agent
shall be liable only for its own misconduct or its negli-
genc~. In determining the occurrence of any such event or
contingency the Escrow Agent may request from the Issuer or
any other person such reasonable additional evidence as the
Escrow Agent in its discretion may deem necessary to deter-
mine any fact relating to the occurrence of such event or
contingency, and in this connection may make inquiries of,
and consult with, among others, the Issuer at any time.
SECTION 5.03. Successor Escrow Aaents, If at any time
the Escrow Agent or its legal successor or successors should i
become unable, through operation or late or otherwise, to act
as escrow agent hereunder, or if its property and affairs
shall be taken under the control of any state or federal
court or administrative body because of insolvency or bank-
ruptcy or for any other reason, a vacancy Mall forthwith
exist in the office of Escrow Agent hereunder. In such
event the Issuer, by appropriate action, promptly shall
appoint an Escrow Agent to fill such vacancy. If no suc-
cessor Escrow Agent shall have been appointed by the Issuer
+ within 60 days, a successor may be appointed by the owners
of a majority in principal amount of the Contractual Obliga-
tions then outstanding by an instrument or instruments in
writing filed with the Issuer, signed by such owners or by
their duly authorized attorneyo-in-Pact. If, in a proper
case, no appointment of a successor Escrow Agent shall be
made pursuant to the foregoing provisions of this section
within three months after a vacancy shall have. occurred, the
owner of any Contractual Obligation may apply to any court
of competent jurisdiction to appoint a successor Escrow
Agent. Such court may thereupon, after such notice, if any,
as it may deem proper, prescribe and appoint a successor
Escrow Agent.
Any successor Escrow Agent shall be a corporation
organized and doing business under the laws of the United
States or the State Of Texas, authorized under such laws to
exercise corporate trust powers, having its principal office
and place of business in the State of Texas, having a com-
bined capital and surplus of at least $5,000,000 and subject
to the supervision or examination by Federal or State
authority.
` Any successor Escrow Agent shall execute, acknowledge
Ily and deliver to the Issuer and the Escrow Agent an instrument
accepting such appointment hereunder, and the Escrow Agent
shall execute and deliver an instrument transferring to such
successor Escrow Agent, subject to the terms of this
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Agreement, all the rights, powers and trusts of the Escrow
Agent hereunder. upon the request of any such successor
Escrow Agent, the Issuer shall execute any and all instru-
ments in writing for more fully and certainly vesting in and
confirming to such successor Escrow Agent all such rights,
powers and duties.
ARTICLE VI
i
MISCELLANEOUS
SECTION 6.01. Notice. Any notice, authorization, re-
quest, or demand required or permitted to be given hereunder
shall be in writing and shall be deemed to have been duly
given when mailed by registered or certified mail, postage
prepaid addressed to the Issuer or the Escrow Agent at the
address shown on Attachment A attached hereto. The United
States Post Office registered or certified mail receipt
showing delivery of the aforesaid shall be conclusive
evidence of the date and fact of delivery. Any party hereto
may change the address to which notices are to be delivered
C by giving to the other parties not less than ten (10) days
prior notice thereof.
SECTION 6.02. TlIID111ation o! ResQonsibil{tiee. Upon
p the taking of all the actions as described herein by the
Escrow Agent, the Escrow Agent shall have no further obliga-
tions or responsibilities hereunder to the Issuer, the
owners of the Contractual obligations or to any other person
or persons in connection with this Agreement.
SECTION 6.03. Binding Agreement. This Agreement shall
be binding upon the Issuer and the Escrow Agent and their
respective successors and legal representatives, and shall
inure solely to the benefit of the owners of the Contractual
Obligations, the Issuer, the Escrow Agent and their respec-
tive successors and legal representatives.
SECTiO!! 6.04. Sever_ ability. In case any one or more
of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability
shall not affect any other provisions of this Agreement, but
this Agreement shall be construed as if such invalid or
illegal or unenforceable provision had never been contained
herein.
SECTION 6.05. Texas Law Governs. This Agreement shall
be governed exclusively by the provisions hereof and by the
applicable laws of the State of Texas.
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SECTION 6. 06. Time of the Essence. Time shall be of
the essence in the performance of obligations from time to
time imposed upon the Escrow Agent by this Agreement.
SECTION 6,07. Amendments. This Agreement shall not be
+ amended except to cure any ambiguity or formal defect or
i omission in this agreement. No amendment shall be effective
unless the same shall be in writing and signed by the
parties thereto. No such amendment shall adversely affect
the rights of the holders of the Contractual Obligations.
EXECUTED as of the date first written above.
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CITY OF DENTON, TEXAS
By _ k
ATTEST: City Manager
city Secretary
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(SEAL)
FIRST STATE BANK
By
Title:
ATTEST:
Title:
(SEAL)
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INDEX TO ='~TASH~ENTS
Attachment Addresses of the Issuer and the Escrow
Agent
11 Attachment "B" Payment Requ3st Form
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ATTACHMENT "A"
ADDRESSES OF THE ISSUER AND ESCROW AGENT
ISSUER
City of N!nton, Texas
215 E. McKinney Street
Denton, Texas 76201
Attention: City Manager E
ESCROV AGENT
First State Bank
P. 0. Box 100
Denton, Texas 76201 4
Attention: President
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ATTACHMENT "B"
Payment Request Form No.
Tot First State Bank r
P. O. Box 100
Denton, Texas 76201
Attention: President
As Escrow Agent, you are hereby requested to pay from
the Escrow Fund established by the Escrow Agreement, dated
as of March 15, 1988 between the City of Denton (the "Issu-
er") and the Escrow Agent (the "Escrow Agent") tr. the
person, corporation or other entity designated below as
Payee, being someone other than an employee or officer of
the Issuer, the sum set forth below such designation. The
Issuer, acting by and through its Authorized Representative,
hereby certified that [check one or more as appropriate]:
( ] such amount represents (full] [partial] payment
for an item of "Property" (as defined in the
j Escrow Agreement) being
I
and such item of Property [has not been] [has
been] the subject of prior Payment Request Forms
(Nos. Attached hereto, unless
supplied with a-previous Payment Request, is a
copy of the invoice, winning bid form or contract
relating to the purchase or acquisition of such
Property.
such amount represent ontra tual Obligations a cost of issuance of the
j ( ] C
Agreement). (as defined in the Escrow
J
[ ] such amount represents the unexpended balance of B
the funds held in the Escrow Fund not needed for
the payment of the costs of acquiring or purchas-
ing Property e.nd should be transferred to the
Interest and Sinking Fund established by the
Ordinance.
Payee..
Address:
Amounts
Dated , 198
City of Denton
Authorized Representative
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor & Members of the City Council
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FROM: Debra A. Drayovitch, City Attorney
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SUBJECT: Solicitation on Streets from Occupants of Vehicles
I.
DATE: March 9, 1988 !
Pursuant to your request at the last Council meeting, I have
reviewed those sections of the State law which prohibit a person
j from standing on the roadway for the purpose of soliciting con-
tributions or business from the occupant of any vehicles. The I
term "Roadway" is defined in Section 13 of Article 6701d
(Vernon's) as follows:
That portion of a highway improved, designed or ordi-
i.arily used for vehicular travel, exclusive of the berm
or shoulder. In the event a highway includes two or
more separate roadways the term "roadway" as used
herein shall refer to any such roadway separately but }
not to ell such roadways collectively.
Thus, the State law makes it an offense cniy if the soliciting f
is conducted on the actual roadway. The present draft of the
proposed ordinance also makes it an offense to solicit from the
median or shouldot. If you sc desire, it can easily be amended.
P.
a
Respectfully submitted,
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DAD: ja
xc: Lloyd V. Harrell, City Manager
Attachment
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27361
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2162L
NO.
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 21 "STREETS AND
SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS BY THE ADDITION OF A NEW SECTION PRJHIBITING SOLICITATION
FROM THE OCCUPANTS OF VEHICLES; PROVIDING A MAXIMUM PENALTY IN
i THE AMOUNT OF $500.00 FOR VIOLATIONS THEREF?R; AND DECLARING AN
EFFECTIVE DATE. E
WHEREAS, Tex. Rev. Civ. Stat. art. 6101d, sec. 81(c)
pronibits a person from standing on the roadway for the purpose
of soliciting a ride, contributions and employment or business
j from the occupant of any vehicle; and
WHEREAS, the practice of persons attempting to solicit busi- I
ness or charitable contributions from the occupants of vehicles
on and at the intersections of certain public streets is unsafe
for both the person engaging in the solicitation and for traffic
in general; and
WHEREAS, this practice constitutes an impediment to the
normal and safe flow of traffic in the City of Denton and could
cause collisions resulting in injury to property and persons; and
k WHEREAS, there exist alternative means of soliciting funds
for charitable purposes cnd for doing business without utilizing
the portion of the public streets which carry vehicular traffic,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Article 1 of C;,apter 21 of the Code of
Ordinances hereby amended by addin8 a new Section to be
numbered Section 21.10 (a) which shall read as follows:
Sec. 21.10 (a) Selling upon streets prohibited.
No person shall be upon any street or roadway or be or
o upon the shoulder or median of any street or roadway
for the purpose of soliciting business or charitable
contributions of any kind from the occupant of any
vehicle.
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SECTION II. Any person who shall violate a provision of
y this or nance$ or fails to comply therewith or with any of the
requirements thereof, shall be guilty of a misdemeanor punish-
able by a fine not exceeding Five Hundred Dollars ($500.00),
Each such person shall be deemed guilty of a separate offense
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for each and every day or portion thereof during which any
violatton conviction ooft any ordinance aviolations msuchdperson oshallebe punished
within the limits above.
SECTION IV. That this ordinance shall become affective
fourteen ) d ys 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. d
PASSED AND APPROVED this the day of 1988.
N
RAM-
SAY ST ,
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ATTEST: JENNIFER , CITY SECRETARY ~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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DATE: March 11, 1988
CITY COUNCIL REPORT FOWT
1 70: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT. POWER PLANT PROPERTY INSURANCE
Staff recortmends accepting Arkwright Insurance the Company's
CCf- - rl0ATN quote to provide fire and extended coverage c Power
Plant. ;
1 ' extended
SUMMARY. The rasp for e the to this Power Plant' imp ov ed osignificantly compared
coverage this
to the two previous years. More quotes were received ately
year, and the premiums were lower (i.e., app quotes e
510,000 lower). The companSt. ies Pault Ins atnca Company wand
Aetna Insurance Company,
Arkwright Insurance Company.
St. Paul Insurance Company presented the lowest quteuote
$662; however, we believe Arkwright Insurance Company's q
is superior for five reasons: i
Arkwright Insurance Company provides loss
First, engineering services superior to St. Paul }
prevention
Insurance Company. St. Paul Insurance Company does not }
have a large engineering division, and they are no more
knowledgeable in power plant loss ptevention than our
staff. Annually, however, Arkwright Insurance Company 1
provides us with quality inspections ubec s ause of the
property coverage they presently have with .
Secondly, all of the City's property coverage could be
consolidated into one policy with one expiration date. s
Presently, we have three separate property policies with
three separate expiation date conliioncovof the
erage
policies eliminates the possibility of our
containing gaps.
The third reason for selecting Arkwright is because their i
deductibles are $50,000 lower, except for the generators. i
For three generators the deductible is the same, and for
two generators their deductible is $50,000 higher.
The fourth Justification is that a join loss agreemen
a and
will not be required. Whon one company p another company
extended coverage on a facility and a urge
provides the Boiler and Machinery coverage,
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CITY COUNCIL REPORT FORMAT
March 111 1988
Page 2 of 2.
loss occurs, neither may pay for damages until after years
of investigating and negotiating. Unfortunately, it is '
difficult to get companies to sign joint loss agreements.
Finally, if a joint loss agreement is obtained, the
deductibles of both companies would have to be paid.
Paying separate deductibles could cost X231,000, but if
Arkwright Insurance Company provided both types of
coverage, the deductible would not exceed $150,000.
PROGRAMS, DEPARTMENTS OR GROLPS AFFECTED:
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The only area to be affected by the acceptance of our
y recommencation is the Utility Department.
FISCAL IMPACT: The acceptance of Arkwright Insurance Company's quote would
cost $58,587.
Respect fu subs tted:
4
- oy arre
City Manager
Prepared by:
A~Oel- z.
d
j ran L. 1ef
i Risk Managev .0,
Approved:
n .TtcGrane
! xecut,
ve Director of Finance k
3288F
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l 1775L
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NO.
AN ORDINANCE ACCEPTING THE PROPOSAL COF ARYIGHT OVERAGE OR THESURIAANCE
COMPANY FOR FIRE AND EXTENDED INSURANCE
POWER AN EFFECTIVE DATE. EXPENDITURE OF FUNDS THEREFOR; AND
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The proposal of Arkwright Insurance Company for
fire ane insurance incorporated ppbywreference
a c py of e which is attached hereto and accepted, and the expenditure of funds 4
herein, is hereby therefore, in the amount of fifty-eight Thousand zFiv ed e Hundred
Eighty-seven Dollars (58,587.00), is hereby }
SECTION 11. That this ordinance shall become effective
;
imme ate y upon its passage and approval.
1988.
PASSED AND APPROVED this the day of
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ATTEST:
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APPROVED AS TO LEGAL FORM: 1
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY #
BY: r 9
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March 8, 1988
Purchasing Department
City of.Denton
9018 Texas Street
Denton, Texas 76201
SUBJECT; Power Plant Property Insurance
Bid 1$9831
Gentlemen:
Enclosed is Arkwright Insurance Company's proposal for Property Insurance.
Some objectives of our proposed "All Risk" program are: ;F s
1. Consolidate all property coverages into one master prUun, including
the current Arkwright All Risk and Boller 6 Machinery coverages, This !u
currently encompasses the EDP equipment and mobile equipment. This
also eases administration by combining several policies into a single
program,
2. Only one deductible applies in the event of a joint Property and Boiler
6 Machinery loss, This feature could move a significant amount of
stoney for the City of Denton. No Joint Loss Agreement is necessary as
all coverages are underwritten by Arkwright and adjusted by factory
Mutual Adjustment Division.
3. Three vain contract. This provides stability while avoiding annual
nesotiations caused by contracts expiring, as in the past,
Superior engineering/property conservation services will be extended to
include the Power Plant. Currently, this is the only City of Benton facility
which Arkwright does not provide detailed and comprehensive Loss Prevention
Surveys and Reports regarding Fire, Extended Coverages ar.d D.fference in
Conditions perils,
The City of Denton ntads to commit to providing protection to areas where lost
expectancies are $1 mLlllon or more. There is a great likelihood that those
Large Loss Possibilities will occur at anytime, and can be prevented. i
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bid City of Denton
Purchasing Department
March 8, 1988
IE Page 2
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This proposal meets or exceeds specifications. See attached forms and
` proposal details.
If any questions arise from this proposal, I will be available for assistance.
Cordially,
c ~1-.-
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Alan H. Armbruster
Sr. Account Representative
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0459a
Enclosures
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INSURANCE PROPOSAL
FOR
THE CITY OF DENTON, TEXAS
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March 8, 1988
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By
Alan H. Armbruster
i Arkwright Insurance Company
> 12700 Hillcrest Road
Suits 270
Dallas, T% 75230
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TERMS and CONDITIONS
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BASIC COVERAGES: "All-Risk" coverages, Real and Personal Property, as per
specifications,
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COVERAGES INCLUDE: Flood
Earth Movement
Electronic Data Processing
Autou&tic Coverage '
Error and Omissions to
Demolition
Increased Cost of Construction t
Debris Removal
Collfpee
Thefc/Burglary s
Transit Ci
Property of Others
See Specifications
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SPEC16L CQNDITIONS: 60 Day Cancellation Clause
No Coinsurance • Agreed Amount
Repair or Replace
Premium and/or Rates can be adjusted annually,
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POLICY TERM! April 2, 1988 to April 2, 1991
or
The Power Plant may be added to currant
Arkwright "All Risk" program, effective
April 2, 1986 to October 1, 1990.
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LIMITS OF LIAB[1.ivc
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Property Damage $66,124,0000
s E
j The coverages and limits below are provided in the current Arkwright All ?A
Risk Property insurance program for the City of Denton, The Power Plant
would br included automatically as follows;
EDP Equipment 1,500,000
EDP/Media 25D,000
EDP/EE 100,000
Flood
5,000,000 annual aggregate
Earthquake 5,000,000 annual aggregate
Unnamed Floater Loc. 500,000
Errors Q Omissions 1,000,000
D.I.C.C. 1,000,000
R ? Automatic Coverage 5,000,000
Transit 100,000/200,000/per catastrophe/ v
100,000/200,000/p6t conveyance
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UEDUCuB,iES
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"All-Risk" - 550,000 Combined, except:
$100,000 12,650 KW Units, 32,000 KW Unit, xi
Transformers ui
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$150,000 61,000 KW Unit, 65,481 KW Unit
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56,587 Annually
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SUMMARY OF BENEFITS
1. Arkwright is a, major underwriter of Municipalities and Institutional
Dgeanizations, The property insurance programs we design for these
t} Insureds are unique in each case.
2. Policy Administration will be stmyle and time expended by The City of .
Denton management will be minimal.
3. The deductible for the various property coverages applies concurrently.
A joint loss involving Fire, Boiler and Machinery, and Difference In
Conditions coverages would have only one deductible agplying to any one
14,41
4. There will be no need for a tQJnt loss agfeement as all property
coverages are being underwritten by Arkwright Insurance Company,
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S. Repair or replacement coysreYa is provided for coverages without
coinsurance. property 6. Excellent Engineering rry Conseryat on services. An engineer of our a
organization will visit with i
you to periodically y t assist In property
conservation needs. From engineering reviews of plans, materials and
completed work is provided for any new or proposed projects. ,
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7. New additions at insured locations a coveKtd automatically without the
need for additional guilder's Risk policy, up to the policy limits.
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9. Coverage for collaosa ar,4 liquid damaol is to full policy limits. i
9. Full DIC coverage'including theft, flood, and earthquake,
10. Damage to property of others is included while in your "care, custody,
and control", with values appropriately reported.
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PURCHASING DEPARTMENT BID INVITATION
City of Denton
901.8 Texas St CITY OF DENTON. TEXAS
Denton, Texas 78201 January 27, 1988
Date
010 NUMBER; 9871
I
810 TITLE POWER PLANT PROPERTY
INSURANCE
Sealed bid proposals will be received until 2:00 p.m.
Arkwright Boston Insurance MARCH 81 1988 at the office of the
Alan H. Armbuster Purchasing Agent. 901.13 Texas St., Denton. Taxes 78201
12700 Hillcrest Rd 8270
Dallas, TX 75230 For additional information contact {
JOHN iu~isNa MARSHALL, TvwDMCHA NOAGEM {{l
office OlFW Metro
j Bt 1.566.8511 617.2E7-00~2
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3 INSTRUCTIONS TO BIDDERS
1. Sealed bid proposals must be received, In duplicate, on this form, prior to opening data and tlme to be considered. Late
propossta will be returned unopened.
2. Bids shell be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely
$Wed envelope, and mailed or delivered to the Purchasing Department, City of Denton. 901.9 Texas St.. Denton, TX
76201. s
S Any submitted article deviating from the specifications must be Idenillled and have lull descriptive dell accompanying
same, or it will not be considered.
4. All materials are to be quoted F08 Denton, Taxes, delivered to the Iloor of the warehouse, or as otherwise indicated. t
{ Q The City of Denton, Texas reserves the right to accept saparals items in a bid unless this right Is denied by the bidder.
b, in case of default alter bid acceptance, the City of Donlon, Texas may d Its optlon hold the accepted bidder or contractor s
table for any and all nsutlanl increased costs as a penally fa such default.
t
alve all and
il or until award la mdenwh chevaseomee lgkal. 1M1al submitted bldg
7. The 01y of Denton iesorva the right r eftar any nand ail bids, to w
remain In fora for a sixty (III day N
a The quantities shown maybe approximate end could vary steording to the requirements of the City of Denton
throughout the contract period.
tor, The Items art to be priced each net. (Packsping or shipplnp quantities w111 be considered.)
10. cl edb! pertaining to this tbidsshallsbe direct d to the City of Denton Purchaa ng Agent. Is bid, and all Information and/or
If. tl m to ne o Ida or Iva information on the contents of this bid with the Clly of Denton or its repreesntallves
prior to awarr onall W pounds or dlaqudlllcsilo".
12. The conditions and terms of this bid will be considered whsh evaluating for award.
17. The City of Denton Is exempt from all sates and excise taxes. (Article 20.04.9)
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i BID NUMBER 9831 BID PROPOSALS Page 2 of 41
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THIS IS A PROPERTY INSURANCE PROPOSAL FOR THE UTILITY POWER PLANT'S
BUILDING AND CONTENT5.
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THIS BID PROPOSAL WILL BE EVALUATED BY THE STAFF AND A RECOMMENDATION
PRESENTED TO THE CITY COUNCIL FOR APPROVAL AS SOON AS POSSIBLE AFTER
THE OPENING DATE. { t
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NOTEr PLEASE INCLUDE THIS BID PROPOSAL, PROPERLY SIGNED BELOW WITH
I YOUR BID. ALL BID PROPOSALS MUST BE SUBMITTED IN DUPLICATE
AND IN SEPARATE PACKAGES SEPCIFICALLY MARKED ASID 05-RIMAL
AND (2) DUPLICATE.
`ra
For more Information about Insurance on this Bid Proposal, CONTACT:
Harlan L. 3efferson, Risk Manager City of Denton
(917) 366-8320 s
Metro 434.2320
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1 We gw1d the above f.o.b. Denton, Tortes, Sh'pmenl can be made In tmm__a__Afegidrpm rscelpl of ordv. Terms net unless
f olherwl" fidluted.
In suGxnllUnp lha above bld. Iha vends agreee that acceptance of any or all bid Items by the Gty of Donlon, Iow within a 1
raalwable palod of time consululea a Contract.
12700 Hillcreae Road Suite 270 Arkyriaht insurance Come■nv
Came Aft,66r
I MddM
~D.ilia. T xal ~
dtr Hnr+ :M
Wan~r>No
(214) 233-1994 Senior Account Representative
1,NMent+ hn~
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BID NUMBER 9831 SPECIFICATIONS Page 3 of al
Puichafing Department
City of Denton, Tsxae
SCOPE OF SPECIFICATIONS do INSTRUCTIONS
SCOPE OF SPECIFICATIONS
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The City will entertain bids on the property insurance for its Utility Power
Plant. The scope of specifications contained herein will encompass, but will
not be limited toe buildings, contents, fine arts, and glass (includes
vandalism), and shall have been prepared in order to secure a proposal for
such insurance coverage. The policy shall become effective April It 1488, and
shall be foe a minimum of one yearf however, policies for extended periods
will be considered, particularly in light of premium discounts of such
policies. It will not be the normal practice of the City to request
quotations annually, and three year contracts will be encouraged where
substantial savings are involved.
The city not only will accept, but urges agents and underwriters to present
innovative approaches to the coverage being requested, within the limits of
Texas law as it pertains to municipalities. An example of such innovations
may Include combining fire and extended coverage with boiler machinery
coverage. The City also encourages respondents to provide quotes on the basis
of replacement and actual cash value methods of evaluation (both values are
repeasented in the attachments).
The City will also accept, and encourage, innovative and alternative methods
of pricing and coverage of the insurance risk so long as they do not violate
Texas law( however, exceptions must be noted and made In addition to the
specific specifications, which should be adhered to for the purpose of proper
comparison, and all such variations must be clearly detailed including r,r
advantages claimed to be gained thereby. Pleats review the entice scope of-
specifications, instructions, and the specification package carefully before
submitting quotations.
DUTY OF AGENTS/LiNDiRWAITEAS
Agents participating in this process must guarantee that these specifications
will be used in their preaotntations to underwriter$ without modification. for
purposes of comparison, it is important that quotations be submitted on this
form. Any amendments, or Innovations must be submitted by addendum to this
specific package, and so noted. Sample policies, including endorsements, must
be submitted with all quotations, commitments in writing from underwriters and
co-insurers are also required as a part of the quotations. Any cattier which
is unable or unwilling to meet the specifications shall so state with a full
explanation in a supplementary letter to be attached to the submitted
.quotation, specifically noted, and made a part thereof,
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BID NUMBER 9831 SPECIFICATIONS Rase a of 41
Purchasing Deportment
City of Donlon. Tarat
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SCOPE OF SPECIFICATIONS CONTINUED eds ibe
IE the coverage cannot be furnished vin the manner reque ariations between the specificationsrand
in written Eormr as an addendum, any
the quotation. The city reserves the right to negotiate certain additivnal or
` modified coverages, SIRe and formulae sffecting gates.
UNDERWRITERS' QUALIFICATIONS
All carriers must be licensed to do business in the State of Texas or meet the
requirements of Texas statutes regarding surplus lines, and maintain a Best's
k Insurance Guide rating of at least A (excellentl.
I CAVEAT
Although every effort has ertyn imade mprovements,idequipmentteand driskstoto abe
information regarding D P quotations shall not depend solely
considered, companies or agents supplying q
upon the lists and information contained herein, and coverage shall include
all power plant property and be so specified, unless otherwise expressly
excepted.
i TIMES AND LOCATIONS FOR 1jUh ; QUOTATIONS
Quotations shall be considered irrevocable for sixty (60) days, and the City
of Denton reserves the right to accept or reject any or all quotations and
waive any informalities in any quotation.
I
Request foi detailed specifications, loss experiencer, statement of values and
er at
questions should be; directed
mus~o b~ s~ubmittedf in `aj sailed Renvisk
566-0110, and all quotations r, Denton, Texas' to the
marked 'Property insurance Quotations for the City
1 00 o clock Texas as Street, Denton, Texas
1908 service
ase ore beforen Match the
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Page 5 of 41
BID NUMBER 9831 SPECIFICATIONS
Purchasing Department
1 City of Denton, Texas
{
PROPERTY INSURANCE BID SPECIFICATIONS
i
JANUARY 1988
;
I. GENERAL INFORMATION
• 63,000 y
A. Denton populations
259
8. Total mileage of streets, roads, highvayst
•(NOTE$ Verify this number.)
C. Total expenditures per 1987 operating budgets 110,092,032 t
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D. Total receipts per 1987 operating budgets 21,564,673 a
1. General Fund 4,145,653
2. Deb! Service fund 64,345,189 '
3. Electricity sales
13,246,646
4. hater/wastewatec sales
S. Sanitation fund 20792,084 i
6. Flo~.kinq Capital fund 31914,324
4471000 t`~
70 ReureatLon 0
8. General project fund
9, Revenue Sharing
$110/415,571
TOTAL,
8. total personnels
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1. General Fund 287
{a.) Regular 175
(b,l Sworn 24,45
(c.} Pact4 ims 136
2e electric Fund z
3$ hater and wastewater Fund 9905 i
4. Sanitation fund 48
S. Hocking Capital 19
f, Attachments
1, American Appraisal's Property Value Report
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BID NUMBER 9831 SPECIFICATION'S Page 6 of 41
Purchasing Department
City of Denton, Texas
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I It CONDITIONS APPLICABLE TO POLICY
A. Named Insured endorsements
it is hereby agreed and understood that the 'Insured' includma the
followings
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1. The Named Insured, ands
2. While acting on behalf of the Named Insureds
(a.) Any member of the governing body of the Named Insureds
(b.) Any member of boards, commissions and city councils of the
named insuredr
3. Any elected or appointed officer of the Named Insuredf $
t. Any employee or authorized volunteer of the named insured.
Be 60 day notice of cancellation, non-renewal or material policy change
provision except for non-payment of premium.
.
Ce Knowledge of an accident by an agent or employee of the insured ,
shall not in itself constitute knowl,sdge of the insured unless the
City Manager, Director of Finance, City Attorney, Risk manager or
other designated individual of the insured shall have received such
notice form his agent or employee.
De Errors or omissions in the preparation of these specifications,
subsequent specifications, reports and/or other documents and in the
preparation of information shall not operate to invalidate the
insurance provided by these policies provided that the insured shall
promp ty report such errors or omissions
on discovery and pay the premium due.
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Page 1 of kt
h BID NUMBER 9871 SPECIFICATIONS
Purchasing Department
City of Denton. Texas
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1 III. PROPERTY DA MGE
A. Perils - All Risk coverage including titer lightning, wind, hail,
A
civil leakage, explosion, ri is cboom, mmsmoke, Vradioactive
{ authority, aircraft, vehicle, soni contamination, collapse, volcanic eruption, theft, burg.laryr flood,
and earthquake.
Be Valuation - Replacement and actual cash value. 4
C. Joint Loss Agreement - with Boiler and Machinery carriers {E
D. Include specimen copies - of all policies and endorsements proposed.
cl
E. Coverage of building and structures shall inude attached
machinery and equipment
additions and extensions, fixtures,
I conatltutLng a permanent part of and pertaining to the service of
the building; materials and supplies intended for use in
construction, ale`sonaI propertyif tftheemabuildings intenance oor sservice eOf
yard fixtures, p
the buildings, including fire extinguishing apperatuse and outdoor
furniture$
Cio[ weleantngr
re Coverage should also apply to property owned y the
'property is temporarily removed for purposes cepairingr reconstruction, or restoration.
4
I ! 0, 'No Co-insurance.
ee custody al the
gaaocr structuresdoroincothe(open
1i; Parsonhlls oin rto of othecsbin the 4
I City
within 50U feet of the designated premises,
E to ipeopecty also cover i to include valuable papers and records and !
ZDP equipment and ma,. r,
Je Transit - contents or personal property of the C ttcansit.operty in :
the carer custody and control of the city Vh in
All inspection, appraisal and loss prevention,
Ke Services - will provide and associated
engineering services which your company
additional premium or feeee
{ lV, ADDITIONAL COVERAGE REQUEST
A, Provide a sixty 116U) day notice of Cancellations, material policy
i change, or intent not to renew. 1s this agte*abls?~__YES
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All Itisk Policy
t1I Lll'llCll'1'
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? A,krrlahl Inmraae Company
j 223 w'ynun Snell
P.A. &,a 9199
` Wal,ham, MA 02231.9191
I Stock Company Forat
ffff
Policy Number
In Consideration of the Provisions and Stipulations herein or added h:relo and of -
j Dollars Premium
this Company, for the term from the day of _ 19_ at 12,01 a.m., Standard Time, at
t of [to the day of 19_ J location of propcry involved,
to an amount not exceeding Dollars,
'does insure _
a'
l and legal representatives, to the extent of the actual cash value of the property it the time of loss, but not exceeding the amount
which it would cost to repair or replace the property with material of like kind and quality within a reasonable time alter such
loss, without allowance for any increased cost of repair or reconstruction by reason of an ordinance or law regulating con-
struction, repair or use, and without compensation for loci resulting from interruption of business or manufacture, nor in any t
event for more than the Interest of the insured, against ALL RISKS OF PHYSICAL LOSS OR DAMAGE, except as
hereinafter excluded, to the property described hereinafter while located or contained as described in this Policy, or pro rats for
ninety days at each proper place to which any of the property shall necessarily be removed for preservation from loss Insured
against In this Policy, but not elsewhere.
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Provisions Specially Applicable to this Policy
Assignment of this Policy shall not be valid except with the written consent of this Company.
This Policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are
hereby trade a pan of this Policy, together with such other provisions, stipulations and agreements as auy be added therclo, as
provided in this Policy.
In Witness Whereof, this Company has executed and attested these presents, but this policy shill not be valid unless
j countersigned by the duly authorized Agent of this Company at
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ii Secretary Prerldenr
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Countersigned this day of , 19__,._
Agent
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ARKHRI T
1 SPECIAL CONDITIONS
• The coverages crov ded by the Texas Stardard Pol cyr are herein extended to include All R sks of phys cal
loss or Barrage to insured prose^y 'oc3ted in Texas except as hereinafter excluded
r, Tre tc•~c 3^7 ^C'tOrs o}'ne 'r-was Stardard Policy shad take pr^Cederce over any terms and
3"1 t"dC .er'e^ts thereto which are rcors.stent inere'with
! A. PROPERTY INSURED
Jr .9:y '~C ^s PO' erstiriic.9irgproperty'.4nifeorth,edescribed grem'sesard
' '?3 .Ge•.y r r,h cry the 'irso'ed has ar rsurable interest.
2 oe so^3 e'cce'ty c•v,ed or 're Irsu'ed
3 ce'S^-a procerty other'"'ar rr.ctcr vehicles of ell cers and employees of tre Insured
s ei property of otrre's in tre custody of the Insured which the insures; is under ob''gat c^ to
keeo rs;;'ed for pays ca oar-age of the type insured against under this Policy.
5 pe•sora property of olhers r the custody of the Insured to the extent of the lnsured s legal liability
for physical loss or darrageofthetype insured against byth sPolicy Th sComparyfurtneragrees
to ueterd ary suit against the Insured al leg ng habil ty for such damage. destruction or loss and
seek rg damages on account thereof even if such suit is groundless false or fraudulent: but this
Company may r% lnout pre,udice make such investigation, negooat on and settlement of any
.
clam or suit as this Company deems expedient
S. PROPERTY EXCLUDED
This Policy does rot rsure against loss or damage to,
t bills evidences of title notes f rn arts furs jewelry precious metals or precious stones
2 lard standing t r+ber growing crops
3 ver ores ctherw se insured watercraft.
a property sold by the lnsured order c )nd t oral sale trust agreement installment plan or other
oaferree c3yment plan after deir:ery to customers
5 property r transit unless endorsed hereon,'
t 6 uncergrourd mires and min,ng property located below the surface of the ground
f
7 dams or dikes
{ C. EXCLUSIONS
GROUP A This Policy does not insure against loss or damage caused by or resulting from any of the
following regardless of any other cause or event contributing concurrently or in any other
Sequence to the loss S
I nuclear reaction or nuclear fadiation or radioactive contamination from any cause,
all whether direct or indirect, proximate or remi however,
la) it tire not otherwise excluded results, the Compa , shall be liable for direct
loss by such resulting tiro but not including any loss due to nuclear reaction
nuclear radiation of radioactive contamination, and
(b) this Policy does insure against loss or damage caused by sudden and
accidental radioactive contamination, including resultant radiation damage
from material used or stored or from processes conducted on the described
III pfemises provided that at the time of such lossthereis neitheranuclearreactor
I I • capable of sustaining nuclearhss on in a self-supporting chain reaction nor any
f new or used nuclear fuel on the described premises:
Form 3W
PASE 1 rr C: • r Y4, 9d!
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2 (a) host le or warlike action in t me of peace or war rrclud~ng actor rn h rder.
rg corri or defercirg aga rst an actual mperdmg or eMpected attack i
re, o;rier (Cie iure or de facto) ' or by ar ~
ICI by any 9overme^t o scveg^ o y • o
a thor.ty rlai^tair~rg or .5:rg (Military raval or a ,r forces, or Oil by m lita'y
aval or air 4c,ces or i iii by 3r agent cr a'y sucn go'rernment power aut:ri%f ty
` }t ~r crces ~
b any %eapor C` .+a, e^-c:oy':rg atomic r ss on Or rad'oact'.e 1c'ce v.retrel r i
' -e ct pe3Ce Or 0+31
ci ^sUrreCtOr, •eoE'I or -evcl,ir,cn C,v .Yar Us'..'ced pONier or act on ta'Ker r ,4
by gone'nr"e^ta' au hc• • r in n.rde, n9 ccrlbabn9 or delero•r9 39a'r-st 5~cn y
{
( an OCCUrrerce se zU a Or destructor under QUararr're or Cu55orn 'eguiazo^s' F.
confiscation by o'de' of any goverrmert or public author ly cr r-sks of ccrt.a. e
bard or illegal trarsportator or trade
r
3 exploSiOn ruptU'e bursting c'3Ckirg bWrirg or bu:g'ngvi Stearn b0'le'S s;ear^
tufb+res gas turb res steam eng res and pressure vessels or p p rg or apca'atus
attached to any of the foregoing while such property is owred operated cr 1
controlled by the Insured,
1
(a) except loss or damage resulting Irom the explosion of accumulated Cc,-.
bustlble gases or unconsumed fuel within a furnace of a boiler or pressure i!r
vessel other than combustion gas turbines. or within the flues or passages
which conduct the gases of combustion therefrom.
5
(b) unless
I caused by fire , or
2 damage by fire results and then the Company shalIbe liable for Orly such
resulting fire damage
4 delay or loss of market
5 any fraudulent ordishonest actor actscommttedalone orincollusion with others
(a) by any proprietor par•rer director trustee officer or employee of the
insured whether or rot such acts are committed during regular business hours
or r,
tb) by any proprietor partner director trustee or officer of any proprietorship
partnership corporation or association (other than a common carrier) engaged
by the Insured to render any service or perform any act in connector wllh
property insured under this Policy.
6 extremes or changes of temperature (except damage to equipment) of changes in
relative humidity, all whether atmospheric or rot, unless liquid escapes Io the open
n which case the Pcllcy will cover damage caused by the escaped Itqu d and loss
of or damage to the liquid,
7 lack of incoming electricity. fuel, water gas steam or refrigerant caused by an
occurrence off the premises described rn this Policy unless specifically endorsed
herein; however, if the lack of such a service causes physical damage otherwise
,nsurad Linder this Potcy on the described premises this Policy shall cover the I
rrsult ng damage,
8 insects or vermin,
9 flood waters waves tide or tidal water. the release of water the rising overflowing
or breaking of boundaries of raturat or man-made bodes of water, or the spray
from any of the foregoing, whetherorrotcaused by,resulting from orcontributed to r
by loss or damage of the type insured under this Policy unless damage by fire or
;
explosion results and then the Company shall be Fable for only such resulting
damage
Farm 3MIr OA,r : ]r . Vr. 3i!
7
.4
ARI(1{~ U HT
• 10 a ry eart'n movement rciudirg but not limited to earthquake landslide or subs.
deuce vvhetner or ^rt caused by resulting from or cortributetl to by loss or
damage of the type rsured under this Policy unless damage by fire or explosion
resu is and the, ;re CJmpany shall be liable for only such resulting Cd'aC~
GROUP B This Policy does rot rs,.re aga rst
t rd,rect or re,-rote loss or damage
I' ? Techar -cal or electrical raawb down (except lightning -a-age) of any oau,c-
r'ert u~iess whys cal dar^age not otherwise excluded rasu'ts in tih rh evert
this Policy shad rover cr,y such resu:•,rg damage
3 mysterious d sappeararce or loss or shortage disclosed or, tale rg .nvertory or
any urexpla red loss
a faulty workmarsh p material. Construction or design from any cause unless
physical damage rot otherwise excluded by this Policy results in v hick evert
this Policy will cover only such resultirg damage:
5 loss attr butable to marulactueing or processing operations wh ch result r dam-
age to stock or materials wnile such stock or materials are being processed. t
manufactured tested or otherwise berg worked upon, all unless physical dam- w
age nototherwise excluded by this Policy results in which event this Policy shall
cover only such resulte g damage;
6 deterioration depletion, rust corrosion, erosion, wear and tear inherent vice or
latent defect unless physical damage rot otherwise excluded by this Policy
results in which evert this Policy shall co,,er only such resulting damage:
7 cortamirat on shr,rkage or change in color, flavor, texture or f,rish, urfess such
damage results d+rertiy from other physical damage not otherwise excluded by
' In is Policy
A settling cracking , shr eking, bulging or expansion of pavements. foundations
walls floors or ceilings: unless physical damage not otherwise excluded by this
Policy results in which event this Policy t Ill cover oniy such resulting damage; t
9 impact damage to docks piers and wharves
10 increase in loss attributable to any law or ordinance which regulates construc-
lion, repair, replacement. debris removal, use or which necessitates demolition
of any undamaged portions of property on the premises described herein;
D. ADDITIONAL COVERAGES
CONSEOUENTfAL 1 This Policy covers reduction in value of insured components or parts of products
REDUCTION due to physical loss or damage insured against by this Policy to other insured
IN VALUE components or pans of such products
DEBRIS 2 This Policy covers expense of removal from the described premises of debris
REMOWL remain, rig after any loss hereby insured against
Penn 3WT
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ARN Rim I~HT
PROPERTY 3 This POI C/ covers orvperty of the Insured at any location within the Coni,rerta' .
REtir0~'EO United Stales Hawaii Alaska Puertc I or Canada when removed from the
R0%1 descr,beo pram seS for 'he p'.+rpose of bung recalled serviced Or In Crde':0 avo d
~,E~CR BED th•eatered damage "Orr flood esclud ^g
•
EticEg aloroco ~rhe,n .ens~rad
110 crcoe':v' exc!,.ded `'Om the rsurarce order this Policy or
.r D'cGerlw'el-cvecl from the described premises for rormal storageor prOCes-
srig or Prenarabor for sale or , 1',veey,
Tnis Pol cy also covers ono rata for nirety days at each proper place to w+rich
property .I the Inswed shall necessarily be removed for preservation tram loss
Poling
rsired aga r-sl in in is
.WQLITION 4 If aline rimeofaryphysicallossoedamageirsurelagainst by this POlcytbere,s
AND in force any law or old rarce regulating the co-struction repair replacer" ent of use
INCREASED of buildings or strucrras then Ihis Policy shad cover is a result of enlorcer,ent of
COST 0;: such law or old rarce.
t CONSTRUCTION (a) the additional loss sustained in demolishing any undamaged portion of the I
buildings or structures
(b) the cost incurred n actually rebuilding both the damaged and demolished
port cns or sucn buildings or structures with materials and in a manner to satisfy
t , such law or ordinance
The total I ability hereunder shall not exceed the actual expenditure incurred in
demolishing the undamaged portion of the building(s) or structure(s) ovolved plus
i the lesser of the following
(a) the actual expenditure ncwred not rcludirg the cost of land in rebuilding
on arctner silo or
j (b) the cost of rebuilding on the same Site
{ Tn,s Policy shall not be fable for any cost of demolition or increased cost of
reconstruction repair debris removal or toss of use necessitated by the enforcement
of any law or ordrance regulating any form of pollution
w AUTOMATIC 5 Unless otherwise insured on an all risk bass this Policy also covers property up
t COVERAGE to a I mit of $ at any location in the United States Puerto Rico or
Canada rented or purchased by the Insured after the inception date of this Policy for
a period of 90 days from date of acquisition of such location t
ERRORS AND 6 In the event of loss or damage to property of the insured located in i United
OMISSIONS States Puerto Pico and Canada and such loss is not payable under this Policy
solely because of:
(a) any error or unintentional omission in the desrr priori or location of property
insured under this Pot icy which error or omission existed at the inception date of
F this Policy. or
i (b) any error or unintentional omission in the descnpt on or location of property
insured under this Policy, in any subsequent amendments to this Policy, or
(c) failure through error unintentional omission to include (1) any location
owned or occupied by the Insured at the Inception date of this Policy, or (2) any
location newly acquired or occupied during the term of this Policy~ or
Forrn fo00T
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AND ds ae eu defrtu s Pe,tional orn ss on which results in carte iatron o1 0operty
OMISSIONS
nt d) such loss or damage shad be Insured by this Policy only to the extent ih s
(fo b beer
did
00OU'd Lave P'OvIded coverage nad the error or Onlntentional 0mi55'0n rot e^
r^30e '.p 10 3 rnii Of
thereascrab!eand races-
EXPEDITING Th,s Poh cY covers up , a 1, re t of 3
EXPENSE sa^J II costs of temporary pair or damage to property and the extra costs of
ex pad r rg the permanert repairor replacement of such damaged property resu t,ng
from phys•cai carnage nsured against by this Policy the whe eeInem,s Pollicy o5ethexpost of perma~ert repair of replacement of the damaged
property
PROTECTION 6 in case of acbual or lmmirent physical loss or damage of the type insured agairst
I AND by this Policy the expenses ncurred by the Insured in taking reasonable and
necessary ereundersna~befaddedttmhatotalprhysccalrossopdamageotherwiserecoverab'e
PRESERVATION h
PROPERTY under thePolicy andbesubject totheapplicableDeductible andwithout Increase in
}
PR
the Limit provisions contained in this Policy
f E. GENERAL CONDITIONS }
l
TITLES OF t The tales of the various paragraphs of this form (and of endorsements attached to ~I
PARAGRAPHS the Policy) are solely for reference and shall not in any way affect the provisions to
which they relate.
DEDUCTIBLE 2 In each case of loss or damage covered by In is Policy this Company Shall not be
' liable unless the Insured sustains a loss in a single occurrence in excess of any
I applicable deductible provided elsewhere in this Policy andthenonlyfor tssharaof
such excess.
When this Policy covers more than one location, the deductible shalt apply against
ll total loss or damage covered by this Pol;cy in any one occurrence le 1 if two or more deductible amounts provided in this Policy apply to a single
occur-
applicable
rence, the total to be deducted shall not exceed the largest deductible unless otherwise provided in this Policy.
1 if this Policy insures against both Property Damage an Tirn ant lt e t
deductibles as shown in this Policy snali apply 'Pa elY each such coverage,
even if both are involved in a single occurrence, unless otherwise provided in this S
x
Policy
VALUATION 3 Unless otherwise endorsed hereon, adjustment of loss under thi Policy shall be
(a) on stoc'a in process. the value of raw materials and labor expended plus the
proper proportion of overhead charges.
(b) on finishedJ , foods manufactured by the Insured. the regular cash selling price
at the location vrhere the loss occurs. less all discounts and charges to which the
merchandise vkould have beer) and other merchandise not manufactured by the
tc) on raw maw:eral rals. supp es i
Insured the replacement cost,
(d)on exposed film, records. manuscripts and drawings thevalue blank plus the
cost of transcnption
1 '
PAGE S Or I El or N t, '9e5
fain 00901
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VALUATION (e'i or med a oata and arograms for e ectror c and elecr'c-ec"ar ca' rata
COrt d1 prC{eSS rg d"d C'Od C!'Gr eajior'ert the cost of reRroduCirg S'uCr ^ etl d ddtd •
a^d crog'ar s "Cr' Cup cd'es 0' f'om cr~gira s of the crevious geri of the
data
= gi 3-J' d °_i i^'2 ''c0 s 03"c'rs cortraCtO's cojip":"! e"r'
G ' ° . ? S G~'iC"a C r 0?"r 3rdGe'i.ra O'c0e'lyOflr''dcart',eS ti eactualcas"
a ;A 'Coe' c? r or 0, Cep'ec aI or, but rct+o exceeo're rOS, to reea r
/ ,r- r^atcr,3:: cf ! Ke ti,nd and Quay!'t'y
0• CI-C-3`
'gi or easeho'o 6rcoe!-en's a..0 oetielr'erls tre rep''.acele^l _OE[ less
phySical deprec,a zn f actually rep'aCed at the irsured s eAperse itvthir ""o
years I tre date of loss f r'ot so replaced the urarno't zed value
in) on ail 0!ner p'cpe'ty tie actual cash value r,th proper Cie or, 11r deR'e-
r c atior but rot t0 exceed Ins Cost to repair or replace the PrOpe'ty v;tn malarial
j of Ike k no and quality. all to be computed at the !-me and place of loss
CONSEQUENTIAL d In the event of physical damage insured by this Policy to any prope'ty situate on
DAMAGE the described premises and such damage without the rteevertior of any other
rdepercent cause results in a sequence of evrrts which causes physical damage
to other property rsured by this Policy then this Policy will cover such resulting loss
or damage Nothirg in this clause shall be deemed 10 extend this insurance to
property which is otherwise specifically excluded from coverages by the terms Of
this Policy
The liability of this Company includes only the physical damage incurred during
such period as would be required with the exercise of due diligence under normal
conditions to repair or replace the damaged property and does not include any •
liability resulting Irom inability of the insured to make repairs or replacerr'eris
because of stakes or labor disputes
BRANDS AND 5 If branded or labeled merchandise covered by this Policy is damaged and this
LABELS Company elects to take all or any part of sucn merchand se at the value established
bythetermsoftnsPol'cy thelnsuredmay attherownexpense stamp salvage on
t the merchandise or,ts cortai rers or may remove of obliterate the brands of labels if
suchstamp removal or obliteration wilIrot physically damage the merchandise but
the Insured must re-I3bel the merchandise or containers in compliance with the
requirements of law
SUBROGATION 6 This Company may require from the Insured an assignment of all right of recovery
against any party for loss to the extent that payment therefor is made by this
Company, Lut this Company shall not acquire any rights of recovery which the
Insured has Expressly waived prior to loss nor shall such waiver affect the Insureds
rights under Iris Policy.
Any recovery as a resultof subrogation proceedings arising out of a loss occurrence
after expenses iocurred in such subrogation proceedings are deducted shall r
accrue to the Insured in the proportion that the amount of deductible and or the
amount of any provable uninsured loss bears to the amount of the enure prove I
loss,
NO REDUCTION 7, Any Ine.;, hereunder shall not reduce the amount of this Policy
BY LOSS q
or the
DIVISIBLE 8 If the premises
CONTRACT contents of two or mote} build ngsisthe Policy include of any condition of this Policy in
respect to any one or more of the buildings insured or containing the property •
insured. shall not prelud ce the right to recover for loss occurring in any building
nsured Or containing the property insured where at the t+meol the loss a breach of
j condition does not exist
perm 30o0T o4pE 6 Gr r Ej' cr Ms. 199
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AMRIGHT
i
INSPECTION
property insured by this Policy Neither ll~e
ted but rot oba gated toned times
behaU oe onmakirg ion the bethereof
•
ef,t of the named Insred
shallp o ss~tutehany urddeftakng irsecitons nor
or others to determ re or warrart that such property is safe or healthful
COLLECTION 10 No loss or part of a'oss sill be paid or made good hereunder to the extert the
FROM OTHERS Insured has collected such loss from others
OTHER t t The Company shall not be liable for loss under this Polcy it at the time of loss
INSURANCE there is any olrer nsurance which would attach if this insurance had not been
e+fected except that this ,nsufarce shall apply only as excess and in ro event as
t contributory ,rsufarce and then only after all other insurance has been exhausted
s CANCELLATION c12 This Policy ase his Companyls ally ucponedema any tirne andasurrender of this Policy refund he
excess of paid premium above the customary short rates for the expired time This
Policy may be cancelled at any time by this Company by givirg to the insured a thirty
(30) days written notice of cancellation with or without tender of the excess of paid
premium above this Company's normal earned premium for the expired time which
excess it rot tendered shall be refunded on demand ,otice of cancellation shall
state that said excess premium (if not tendered) will be refunded on demand
f However, this Policy may be cancelled by the Company ifw the Insured fails tnot+e remit
when due the payment of Premium for such policy, by gig the than ten (10) days written notice of cancellation.
Arkwrlght Mutual Insurance Company
S
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REPAIR OR REPLACE ENDORSEMENT
r c6rs'oara o^ r.a;c' :r3 ca 3 3C _ a :f Ge-era i Core for No
TIC'N JF Oa,r F 'JC,,_ f, _rT~ c, ! . L"".YSe^ c I s a!taC 2d 3'e 3 or.7p
a^g 're Cd r3yeC or CeSlroy?:
11cf:ce", s"..'eCa''?C cbs^tJ"?~. d:edOr
gp '"c 3 " _ 1 a? a CSS O' 33' ay? s C~r"'•Cd^a
2 T P 'c:l3 ti.' ' s ~1 1 Gy 'c' 655 !C' p'cpe47 rc.e, 5
I ErdG'S°^'?'• "3 _ _ _"d eiI rj
j 3 ^9 ':Ji :3 "
i b Ire Si; 5. _ 1:. :3"'e $i!? a'7e t,1~ 3~
c treacr.+3 ?~r,? o', e "c ^'-b~!Vng 'ePa-'rgcrrep!ac rgtredarragea0roeSteoieo
prOpe ty jr :"e sar'e 3 ctre' S !e cut rot t0 exceed !re size vc! operatirg capacity that
ex:ateo d ire ti-e ° 'css f
all as of the time ,firer n .2 c ' ge^ce 3ra a spatch zebu ld rg repair rg or replacement of the
damaged or eestroyeo orooe,, cj c to 2t!ecred
3 If at the tir^e rf 'oss o e,ed girder tr s Policy claim is made for the cost of replacement of the '
property damaged o cest':~ae trey trn s Company shall be liable under this Endorsement for no
greater proo0r! 0" of s~v, :Jwrar !^e arrGUrt Of _ . bears to 100%ofthe costal
1he0mecf'ossa"oa, ne53r^25'eGf'eolacemertinanewcorditionwithmaterialsofequivalert
size, lord arc a:a''!, : f ai tre c'oce ty rc uded under the terms of th+s Endorsement The value
rG
of the foundv.orS a^o Jiro, c,oce'!/ 0caieo below the lo'Aesr basement floor or. where there is
basement beio,v !r? s,face of r^e gourd shall be disregarded in apply;rg this co• nsurarce
provi Sion In tre a',e"t !f'3! !re ay'g'egate Claim for any loss covered under the cordltions of Inis
Erdorsemer't s ess 'ra" S'OU X0 0 scec'al Invertory or appraFSemert of the undamaged
property srall be 'eau '?d
For property locatea'rtreCor~n•orwear,rof Vas Sachosettsof the State of NorlhCarol ira paragraph2c '
of this Endorsemert s am,+^oeo !o read as follows
2 c the actual exQero tore +rcu^ed in rebuilding repa r rg or replacing the damaged or des-
troyed orcce'ty or, the premises described in this Policy or some other location w ih n the
Commorw%ea'tn of Massachusetts or the State of North Carol ra, as the case may be mutually
agreed ii befirreen the Insurer and the Insured but not to exceed the size and operat rg
rapac ty that existed at the time of loss
j ~
ArkwrIght Sfutud tnruranre ComPAny
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AGREED AMOUNT ENDORSEMENT
fRepalr or Replace)
Urt l the amount st,puiaied under Paragraph 3 of the Repa r or Replace Endorsement
represerts at least '00°o of the value ol the property included under the Endorsement
Arhwright Mutual Insurance Company
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form 1110 CAGE 4 or r Eaaon.4vf-ter 1954
Roo otn MAIO MA
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ARMUGHT
TRANSPORTATION ENDORSEMENT
In Consideration of additional premium. the Policy is extended to cover Personal Property as described
herein except as otherwise excluded by this Policy whne such property is in transit
PROPERTYINSURED
1 Personal Property owned by the insured
2 Personal Property sh+ppeci to customers on F 0 B C 8 F or smear terms The insured s contingent
k interest in such shipments is admitted
3 The interest of the Insured in and legal I ab lity for Personal Property of others in the actual or con-
structive custody of me Insured
4 Personal Property of others sold by the Insured which the Insured has agreed prior to loss to insure
during course of delivery
i
t ADDITIONAL PROPERTY EXCLUDED 44
1. Samples in the custody of salespersons or selling agents 4
Property insured under import or export ocean marine policies
' 3 Waterborne shipments via Panama Canal and waterborne orairborne shipments to and from Alaska,
Puerto Rico and Hawaii
4 Shipments made by air unless via regularly scheduled airlines
5 Property shipped by mad
8. Property of others including the Insured's legal Iiab aty therefor, hauled on vehicles owned teased
or operated by the Insured when acting as a common orconlract carrier as defined by the fnterstale
Commerce Commission Regulations or state regulatory agencies
i <
LIMIT OF LIABILITY
l
The liability of this Company in any one loss, disaster or casualty, ether in case of partial or total loss or
salvage charges, or any other charges or expenses. or all combined, shall not exceed the applicable limit
! of liability, as follows
(A) S.... , on Personal Property in or on any one conveyance or ind vid• j
ual unit thereof, except;
f81 $ aggregate liability in any one loss, disaster or casualty
DEDUCTIBLE CLAUSE
Each claim for toss or damage or expense under this Endorsement shall be adjusted
f Company shall not be liable unless the Insured sustains a loss in excess of $ separalray and this
then only for its share of such excess and
f
AT ACHMEN i AND DURATION Of COVERAGE '
Except as hereinafter provided this insurance attaches from the time the property leaves the unfl nal point
of shipment for the commencement of transit and covers thereafter continuously in the due course of transit
within the Continental United States of Ameii and Canada. and Alaska, within Hawaii or within Puerto
Rico, until delivered at destination.
I Coverage on export shipments not insured under ocean marine policies does not extend beyond the time
whe,l the property is loaded on board overseas vessel or aircraft, Coverage on import shipmenls not
insured under ocean cargo policies does not attach until after discharge from overseas vessel or aircraft
II PAGE Or 7 f s oM~9s'
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t1R ]LIGHT
ADDITIONAL COVERAGE
Coverage provided by this Endorsement shat' nc'ude general average and savage charges on sh prnents
covered while waterborne
ADDITIONAL EXCLUSION
This Endorsement does not ns~re aga nsl oss or damage caused by or resu l ng from delay loss of market
or business interruption
GENERAL CONDITIONS
ELIMINATION The following exc'us ons Nos 6 and 7 in Group A of Part C EXCLUSIONS of this Po -
OF icy do not apply to coverage under this Endorsement
EXCLUSIONS 6 Flood waters wt;ves tide or tidal water, the release of water, the nsng overhow-
rng or breaking of boundar,es of nalural or man-made bodies of water or spray
f from any of the foregoing. unless damage by fire or explcsion results, and then
the Company shall be liable for only such resulting damage
7. Any natural or man-made earth movement including, but not limited to earth-
k quake, landslide, or subsidence unless damage by fire, explosion or sprinkler r
leakage results, and then the Company shall be liable for only such resulting
damage.
NO BENEFIT This insurance shall in no way inure directly or indirectly to the benefit of any carrier or
TO BAILEE bailee
VALUATION In case of loss, the bass of adlustment, unless otherwise endorsed hereon, shall be
as follows
(A) Property shipped to or for the account of the Insured shall be valued at actual
invoice to the Insured together with such costs and charges (including the corn-
i mission of the Insured as selling agent) as may have accrued and become
legally due Ihereom,
(B) Property which has been sold by the Insured and has been shipped to or for
account of the purchaser (if covered hereunder) is valued at the amount of the
Insured's selling invoice, including prepaid or advanced freight,
(C) Property not under invoice shall bevalued at the actual cash market value at the
polntof destination on the date of disaster, less any charges saved which would
have become due and payable under delivery at destination.
BILLS OF Permission is hereby granted to the Insured without prejudice to this insurance to
LADING accept the ordinary Bills•of-Lading used by carriers including released and;'or r
undervalued Bilfs•of•Lading andtr Shipping or Messenger Receipts and the
Insured may waive subrogation against railroads under side track agreements: and,
except as otherwise provided, the Insured shall not enter into any special agreement
with carriers releasing them from their common law or statutory liability
FRAUD This Endorsement also covers loss of or damage
OR DECEIT (A) Occasioned by the acceptance by the Insured, Insured's agent, customer or
consignee(s) or others of fraudulent BilIS-ot•Lading, Shipping or Messenger
1 Receipts,
(8) Obtained by fraud or deceit, perpetrated by any person(s) who may represent
themselves to be tha proper party or parties to receive the property for shipment
or to accept it lot delivery
1 Arkwrlaht Mutual lasurrra<e Company
ror~ tlrar
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AIt ]LIGHT
EARTH MOVEMENT ENDORSEMENT
In consideration of additional premium, the Policy is exlended by deleting the following exclusion No 7 in
GROUP A of Part C EXCLUSIONS.
7, Any natural or man-made earih movement including, but not hm led to earthquake, land.
slide, or subsidence unless damage by lire, explosion or sprinkler leakage results and
then the Company shall be liable for only such resulting damage
LIMITS OF LIABILITY
This Company shall not be Gable under the terms of this Endorsement for more than the limit specified
elsewhere in this Policy for each single earth movement nor for more than the limit specified elsewhere in
this Policy during any twelve consecutive months.
If this Policy includes Time Element Coverage, or Automatic Coverage, or Floater Coverage the foregoing
limits shall be the maximum amount collectible under this Policy
For the purposes of this Endorsement, the term "single earthquake" includes all shocks occurring within a
continuous 72-hour period
DEDUCTIBLE CLAUSES APPLICABLE TO COVERAGE IN ALASKA, CALIFORNIA. HAWAII AND
PUERTO RICO
1. PROPERTY DAMAGE
In case of claim for loss or damage under this Endorsement the Company shall not be liable as a
result of a single earthquake or other covered occurrence in Alaska California, Hawaii or Puerto Rico
unleve Insured sustains a loss in excess such p rocess (including te insurance foundations) a ti ons) insured under per this cent ( _ Endorsement, of the . . . .
and then only for
its share provided Y this Endorsement covers more Ihsn one
location, this deductible percentage shall apply separately at each location
2. TIME ELEMENT CC`VERAGES
II this Policy is endorsed to include Time Element coverage, the Company shall not be liable under
such Endorsement(s), as a result of a single earthquake or other covered occurrence in Alaska,
California, Hawaii o+ Puerto Rico, for more than the amount by which such Time Element loss shall
exceed per cent of the full annual rime Element value which would have been
earned in the twelve-month period following the occurrence by use of the facilities at the location
where the physical damage occurred, and then only for its share of such excess. If the insurance
provided by this Endorsement covers more than one location, this deductible percentage shall apply
separately to each such location.
,
ADDITIONAL EXCLUSIONS
t This Endorsement does not apply to property in transit. ,
2. This Endorsement does not insure against loss or damage caused by or resulting from flood waters,
waves, tide or tidal water, the release of water, the rising, overflowing, of breaking of boundaries of
natural or man-made bodies of water, or spray from any of the foregoing, all regardless of cause.
3. Unless otherwise indicated below, this Endorsement does not apply to any property covered under
this Policy by virtue of any Automatic or Floater Coverages attached to this Policy.
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PAGE 1 Of 7 Edloon may 1997
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AUTOMATIC COVERAGE
❑ if this block is checked. the coverage provided by this Endorsement is extended to cover property
insured under this Policy by virtue of any Automatic Coverage Endorsement attached hereto, subject to
the Limits of Liability set forth in the Automatic Coverage Endorsement
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FLOATER COVERAGE
❑ If this block is checked, the coverage provided by this Endorsement is extended to cover property
insured under this Policy by virtue of any Floater Coverage subject to the Limits of Liability applicable to
Floater Coverage
Arkwright Alutust Insurance Company
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ARNW UGHT
FLOOD ENDORSEMENT
Inconsideration of additional premium. the Policy is extended by deleting the following exclusion No 6 in
GROUP A of Part C EXCLUSIONS
6 Flood walers, waves I de or dal water, the release of water, the rising, overflowing, or
breaking of boundaries of natural or man-made bogies of wafer. or the spray from any of
the foregoing, unless damage by frreorexplosion results, and then the Company shall be
f liable for only such resulling damage;
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LIMITS OF LIABILITY
Phis company shall not be liable under the terms of this Endorsement for more than S each
single occurrence nor for more than S . during any twelve consecutive monlhs. II this Policy
includes Time Element Coverage, or Automatic Coverage or Floater Coverage, the foregoing limit shall be
the maximum amount collectible under this Policy
ADDITIONAL EXCLUSIONS
1. This Endorsement does not apply to properly in transil,
2. Unless otherwise indicated below, this Endorsement does not apply to ar'y properly covered under
this Policy by virtue of any Aulomahc Coverage or Flealer Endorsement(s) attached to Ihls Policy
AUTOMATIC COVERAGE
❑ If this block is checked. the coverage provided by this Endorsement is extended to cover properly
1 Insured under this Policy by virtue of any Aulomatic Coverage Endorsement attached hereto, subject Io the
Limits of Liability set forth in the Aulomahc Coverage Endorsement,
FLOATER COVERAGE
❑ It this block is checked. the coverage provided by this Endorsement is extended to uu''ver properly
Insured under this Policy by virtue of any Floaler Coverage, subject to the limits of Liability applicable to
Floater Coverage
Arkirri;IN Tlutual Insurance Company
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7820 f / TELEPHONE (817) 588.8307
Office of fhe City Manager
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M E M O R A N D U M tix
rye
f TO: Lloyd V. Harrell, City Manager 3
} FROM: Rick SvehIa, Deputy City Manager
i DATE: March 8, 1988
SUBJECT: Minute Order on U.S, 77
Attached is a Minute Order on U.S. 77 from University Drive
north to I-3S. When we first received it, we had some concerns
about the item that said we would have to pay for all the curb
and gutter and drainage. Subsequently, we spoke to the Highway
Department, and they sent us a copy of their new local
participation policies which is also attached. On page 2 of 3
under C subsection 1, it ifkdicates that on all numbered
highways that the Department will pick up the cost for these
improvements.
' To make sure of this, I have also contacted the District Office
and talked to John Blain, and a letter from John is also
included that again says the Department will take care of all
of those costs.
' We continue to be excited about the project and would recommend
that the Council approve the Minute order,
S
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Deputy City Manager
RS:bw
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Attachments
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RESOLUTION NO. A RESOLUTION ACCEPTING THE MINUTE ORDER NUMBER 86316 ADOPTED BY
THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO U. S.
HIGHWAY 77, FROM INTERSTATE HIGHWAY 35-N TO U. S. HIGHWAY 380;
t AGREEING TO BUDGET AND PROVIDE FOR THE COST OF RIGHT-OF-WAY AND
UTILITY ADJUSTMENTS AND $1,000,000 TOWARD THE COST
CONSTRUCTION AND OTHER CONDITIONS; AND PROVIDING AN OF
DATE. EFFFE FECTIVE
THE COUNCIL OF THE CITY OF DENTO
N HEREBY RESOLVES;
SECTION I. That the City Council hereby accepts the Minute
Order um er j6816 adopted by the Texas Highway Commission, a
copy of which is attached hereto and incorporated by reference
herein, in which the Highway Department determined 'to proceed
with the reconstruction of approximately 3.7 miles of U. Highway 77, from Interstate Highway 35-N of Denton southeast to
U. S. Highway 380.
SECTION II, That this resolution shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED thit+ the
day of 1988. ~
< EP E ,
ATTEST:
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APPROVED AS TO LEGAL FORM:
11 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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2258L
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RESOLUTION NO.
i -
A RESOLUTION ACCEPTING THE MINUTE ORDER NUMBER 86816 ADOPTED BY
THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO U. S.
i HIGHWAY 77, FROM INTERSTATE HIGHWAY 35-N TO U. S. HIGHWAY 380;
AGREEING TO BUDGET AND PROVIDE FOR THE COST OF RIGHT-OF-WAY AND
UTILITY ADJUSTMENTS AND $19000,000 TOWARD THE COST OF
CONSTRUCTION AND OTHER CONDITIONS; AND PROVIDING AN EFFECTIVE
j DATE.
i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council hereby accepts the Minute
Order Num er 6816 adopted by the Texas Highway Commission, a
copy of which is attached hereto and incorporated by reference
4 herein, in which the Highway Department determined to proceed
with the reconstruction of approximately 3.7 miles of U. S.
Highway 77, from Interstate Highway 35-N of Denton southeast to
U. S. Highway 380.
!F
SECTION II. That the City of Denton commits to:
1. Providing one hundred percent (100%) of the cost of S
right-of-way;
2. Providing one hundred percent (100X) of the coat of
utility adjustments;
3. Providing the sum of $1,000,000 toward the cost of
construction;
4. Providing for the cost of curbs and gutters, storm
sewers, driveways and sidewalks; and
5. Maintaining that portion of the work which is the
I City's responsibility in accordance with federal and
j state requirements and regulation of traffic in
accordance with state regulations.
E SECTION III. That this resolution shall become effective
imme ate y upon its passage and approval.
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PASSED AND APPROVED this the day of , 1988.
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ATTEST:
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JENNIFER WALTER S, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY #
BY: A ~ Y
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CommissioN STATE DEPARTMENT OF HRGHiWAYS ENGINEER Dlaeeroa
AND PUBLIC TRANSPORTATION A. E. srorzEA, JR.
ROBERT H. DEDMAN, CMA4RMAN AND PUBLIC
EANIER p. 0. Box 3067/ Dallas, Texau 75221-3067
RAY STOKER, JR, February 2, 1988
i
IN REPLY REFER TO
Highway Commission Minute 86816
City of Denton
Mr. Lloyd Y. Harrell
j City Manager
City of Denton
215 East McKinney
Denton Texas 75201
Dear Mr. Harrell:
Attached is a copy of the above mentioned Minute Order dated January
Y
27, 1988.
)
This Minute tenders certain provisions to the City of Denton and also
lists certain provisions the State Department of Highways and Public r
Transportation will carry out regarding improvements to U. S. Highway
77, from Interstate Highway 35 north of Denton southeast to U. S.
Highway 380.
Upon acceptance of the provisions of this Minute order by the
appropriate officials, the State Department of Highways and Public
Transportation will proceed with the actions enumerated therein.
It is further stipulated in this Minute that it is subject to
acceptance within ninety (90) days of the date of the Minute.
i
Please forward two (2) certified copies of the resolutions passed by
the Denton City Council to this office upon acceptance of this Minute.
sincerely,
/.:r4 Arnold W. Oliver
District Engineer
Attachment
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CITY EEN[GN
CITY MAtiAGERS OFFICE
ENGINEER DIRECTOR
COMMISSION STATE DEPARTMENT OF WGHWAYS R. E STOTZER. JR.
AND PUBLIC TRANSPORTATION
ROBERT MLER, JR. CNAtRMAN P. 0• Box 3075221-3067
RAY JoIiNR BUT STOKER, J 1ER R Marchal?a1988 Texas y .
Control, 195-2
U.S. 77: From U.S. 380 North IN REDLY REFER TO
To I.H. 35E
41 Denton County
Mr. Rick Svehla
Asst. City Manager
City of Denton
215 East McKinney
Denton, Texas 75201 l
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Dear Mr. Svehla,
Reference is made to your February 25, 1988 telephone request for written
confirmation of our Department's interpretation of the meaning of paragraph Y
4 under City of Denton responsibilities in State Highway and Public Trans-
portation Commission Minuts Order No, 86816.
The attached letter entitted "New Local Participation Pnlictes" dated January 1
Highway Design, to
i5, 1988 from Mr. Frank D. Hotzmc+nn, Ctfon o gpQ~agraph 4 that states "in t
all District Engineers defines the po
accordance with applicable governing policies and~regulapag tecZso~f3tunderate
Department of Highways and Pub I theiasslrmptiontoficost of atI necessary storm
1 C(1), the policy concerning gutter our Department that q
seater and appurtenances, including curb and ro ect is f
project
will apply to the development of U.S- 77 as an urban n system
I stated.
We trust that this informotion will satisfy your requirement.
Sincerely,
Arnold W. Oliver i
District Engineer
By:
ohn V. Blain, Jr.
District Designing Engineer
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STATE DEPARTHE1
CE On"Wive-
MD PUBLIC 77 NSPORT1 WTi'
PWct No i6
CEtfTOtl County M ORDER ` 1Q8gPace 1 or Paces
District No. DALLAS (1e)
FEB RECEVIED
WHEREAS, in DENTON COUNTY in the City of Denton on U.S. HIOHWA':
77, from Interstate Highway ?5 north of Denton southeast to
c U.S. Highway ?e0, a distance of approximately 3.7 miles, a
reconstruction pro±ect is required; and
WHEREAS, the City of Denton has offered to prcvide one hundred
percent of the cost of right of way and utility adjustments and has
offered to provide ;1,000,000 toward the cost of construction; and
s
WHEREAS, this project qualifies fcr the 19Ee-92 Urban System
Pro_cram (Non-Major Urbanized Areas) approved this date by State Highway
and Public Transportation Ccrnission action;
tt NOW, THEREFORE, IT IS CRDERED that the Engineer-Director is
4 directed to tender the following proposal to the City of Denton;
Provided the City of Denton wit):
+ 1. Provide one hundred percent cf the cost of right or way
F+ clear of obstructicns and free of cost to the State with
acquisition procedures to to In accordance with policies of
the State Department of Highways and Public Transportation
and with applicable Federal and State laws governing the
acquisition policies for acquiring real property.
2. Provide one hundred percent of the cost of utility
adjustments as may be required in accordance with policies
of the State Department of Highways and Public
Transportation. z
3. Provide $1,000,000 toward the cost of construction.
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STATE DEPARTMENT OF HIGHWAYS`
AND PUBLIC TRANSPORTATION
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DENTON County MINUTE OVER Page 2 or ? Pages
District Eo. DALLAS (18)
4. Provide for the cost of construction of continuous curb and
gutter, storm sewers, driveways and sidewalks, etc. in
accordance with applicable governine policies and
regulations of the State Department of Highways and Public
Transportation,
5. Upon completion of the construction of this project,
maintain that portion of the work which is its
responsibility in accordance with federal and state
requirements, and agree to regulate traffic and prevent
encroachment or, the right of tray, all in accordance with
governing policies and regulations of the State Departrent
of Highways and Public Transportation.
The State Department of Highways and Public Transportation will:
1. Provide relocation assistance as may be determined to be
eligible under the Relocation Assistance Program.
2. Provide for reconstruction.
3. Maintain that portion of the work which is its
responsibility in accordance with present maintenance rt
agreements.
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STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
DENTON County MINUTE ORDER Page ? of Pares
District No. DALLAS (18)
Upon acceptance of the provisions of this Minute Order by the
city of Denton, IT IS ORDERED that the Engineer-Director is authorized
to proceed in the most feasibly and economical manner with project
development to include any necessary agreements, right of way
acquisition, utility adjustments, relocation assistance and
reconstruction at an estimated cost to the Department of t5,1?6,000 to
be funded from the 1988-92 Urban System Program (Non-Mayor Urbanized
Areas).
This Order shall become operative upon acceptance by the City
of Denton; and if net accepted within 12O days of the date hereof, the
action herein contained shall be automatically canceled.
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Submitted ty Examined and recommended by: s
(Title) dministrative Assistant Approved eputy irector
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Engineer-Director
Minute Number 86816
Date Passed JAN 27 88
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JAN 19, 1093
Osl!as. Te>'at
RECEIVED
COMWSSION STATE DEPARTMF-NT OF MGHV1'AYS ENGINUA aAECtc~
A04IAT N. DEOW%. COAMMN AND PUBLIC TRANSPORTATION a slot:lA 1~
JONN R. Sunck JR. D-*TTT C GIRM STATE WG"AT S:DG.
MY STOKER. JR. ffif A SAA=
AtmM. six" "140
January 15, 1988
1
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SUBJECT: NEW LOCAL PARTICIPATION POLICIES
TO: ALL DISTRICT ENGINEERS D
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I Dear Sir: C!rMpKpc~~°`
At the January Commission meeting the Highway Commission is expected
to approve the 1988-92 Urban System (Non-Major Urbanized Areas)
Program. Shortly thereafter you will be receiving tender minute
orders for the local goverrunents where local participation is
involved.
The applicable Department policies for local participation that will
be in effect for this program are outlined in the attachment to this
letter. These policies are presently being advertised for comments
in the Texas Register and have not yet been approved. You will be
j notified ea soon as the policies are adopted.
Should you have any questions, please contact Mr. Billy Rogers,
1 Highway Design Division, TexAn 258-8220.
I
Sincerely yours,
Frank D. Holzman
Chief Engineer, Hi hway Design
Dist. Engr. Action ( )
Attachment ASSt. Dist. Engr. Advise ( )
Const. Engr. Comment ( )
cc: Engineer-Director sgn.Engr. 4-~ Prep Ans. 11
)
Deputy Engineer-Director Adm. Engr. Note-rtn. ( f
Deputy Directors MaInt. Engr. See 0. E. ( )
Internal Review and Audit
General Counsel H.A.W E11gr.
V FILE '
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'State Department of Highways Page 1 of 3
and Public Transportation
Design Division
HIM Responsibilities of Local Governmental Units in Construction.
(a) Definitions. The following words and terms, when used in this section,
shall have the following meanings, unless the context clearly indicates otherwise:
(1) Nonstate numbered routes - those routes placed on the state highway
system only for the duration of construction.
(2) State numbered routes - those state numbered routes designated as a
part of the state highway system, except those routes temporarily placed on the
system for the duration of construction.
(b) Nonstate numbered routes:
(1) for municipalities less than 200,000 population where it is
4
desired to construct an urban section with curb and gutter along facilities
r
without full control of access, tl,c department will provide for the construction
or widening of pavement and Its support. The local governmental unit(s) will
furnish curb and gutter, storm sewers, driveways, sidewalks, except where curb
and gutter, storm sewers, driveways and sidewalks are existing, and other
features that affect property owners and dwellers within the limits of the
locality. Usually the participating local governmental unit will be a
municipality with construction within a city limit. Where desired, a county may
desire to participate in the cost of curb and gutter, storm sewers, etc,,
usually as an economic substitute for the wider right-of-way required to develop
a rural section,
(2) In municipalities of 200,000 population or more for federal-aid urban
system construction the municipality shall be responsible for the cost of the
l match portion of all federal-aid eligible construction and for total cost of all
rr non-federal-aid eligible construction.
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State Department of Highways
and Public Transportation page 2 of'3•
Design Division
(3) Where this type of work is proposed in a municipality, the
department will enter into an agreement with the city involved outlining
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construction responsibilities.
(4) The local governmental unit usually discharges its obligations
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through inclusion of such work in the state's contract Ath participation in
{
1 costs established by escrow agreement,
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(c) State numbered routes:
(1) On all state numbered routes, including controlled access and
noncontrolled access highways, both interstate and noninterstate, the department
' will provide the cost of all necessary storm sewer and appurtenances, including
curb and gutter, to be constructed within the highway right-of-way as well as
( outfall costs for all natural drainage that reaches the projett. In the event
the local governmental unit involved expresses a desire to join the department
in the drainage system in order to divert drainage into the storm-sewer system,
the local governmental unit shall pay for the entire cost of collecting and
carrying the diverted water to the state's system and shall contribute its
proportional share of the cost of the storm sewer and outfall based on the cubic
feet per second of additional water diverted to the sewer when compared to the
total cubic feet per second of water to be carried by the sewer and outfall.
The local unit of government requesting the drainage diversion shall indemnify
the state against damages or claims for damages resulting from such diversion.
(2) The department will also provide for sidewalk construction on
state-numbered routes under the following conditions:
(A) when replacing existing sidewalk;
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'Stite Department of Highways Page 3 of 3
and Public Transportation
Design Division
i
(B) where highway construction severs an existing sidewalk system, the
j state will make connections within highway right of way to restore sidewalk
system continuity; and
(C) where pedestrian traffic is causing or is expected to cause a safety
problem to the traveling public, sidewalks may be provided by the state.
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10 March 1988
{ To: The Denton City Council
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FROM: Ronald C. Gould, jr.
President,
McConnell Hall Association
The McConnell Hall Association (MHA) is proposing to hold
a street dance on 14 April 1988. As this would require the
partial closing of a city street--Sycamore--our plans are A
subject to your approval.
F
Please find attached photocopies of the correspondence involved,
thus far, in the planning of the event, as well as a detailed
proposal and diagram.
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We have the endorsement of Mr. Fred Pole, Vice-President of
Administrative Affairs at North Texas State University. We
would very much appreciate your approval. Thank you for your
consideration. s
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NOMIN TEXAS STATE UNPIN-ITY DENTON. TEXAS 7GA00
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NORTH TEXAS STATE UNIVERSITY
DENTON, TEXAS 76203
MCCONNtLL HALL N
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10 March 1988
M PROPOSED: That the McConnell Hall Association be allowed
to close a portion of Sycamore Street in Denton,
Texas in order to hold a street dance for the
entertainment of North Texas State University
students.
DATE: Thursday, 14 April 1988.
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1 TIME: We request the street be closed from 7:30 p,m.
1 until approximately 1:30 a.m.
f The dance itself will take place between 8:00 p.m.
and 1:00 a.m.
It is understood that a city ordinance exists that3
prohibits a disc jockey or live band outside after M
10:00 p.m. However, we have agreed to shut the
music down if complaints are received after that
time by residents in the area. We intend to inform
area residents of our plans, should the dance be
approved, so they will not be taken by surprise
! or unduly disturbed.
LOCATION: Sycamore Street. The area to be closed consists
merely of the street directly in front of McConnell
Hall on the NTSU campus---a total of 266.5 feet
(approximately 89 yards). a
4 % This area should be sufficient to provide the
NK appropriate atmosphere of a street dance, but
will not seriously in.onvenience residents
wishinc► to use either the parking lot across
from, or beside, McConnell.
SECURITY: Two officers from the NTSU Police Department
will be hired to maintain security. In addition,
there will be, at all times, a minimum of five
students at the dance for the specific purpose
of crowd control, including controlling alcohol
consumption.
These student "monitors" will be outfitted re-
cognizably and will attempt to solve problems
before they arise. Should it be necessary, the
police officers will be called upon to provide
legal support of their requests.
N.T. box 13617 • Ac617•78ea711
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McConnell Hall Street Dance Proposal
SECURITY: We have contacted Captain Jim Weisinger
i of the NTSU Police Department concerning
the hiring of two officers and he has
ii assured us he will coordinate the over-
time provisions.
ENTERTAINMENT: Will be provided by either a live band
or a DJ, at this time a final decision
between the two has not been made.
Should the council have a preference, ;
taking the city ordinance mentioned
previously into consideration, that
would influence our decision.
CLEAN UPs As the only refreshments to be served
are beverages supplied by the Dr. Pepper
company, we believe the litter in the
area after the dance will be minimal.
A committee will be designated to
thoroughly clean the area of trash
and restore the area to its condition r
prior to the event.
ATTENDANCE: Based on attendance at previous events,
we project 300 to 700 people to attend. >
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lnhrcmenon Sen~ices Power Plant (54)
Administrenon Building III' ADN4N Building 141' TSB Pupil Apppraisal Center (48)
AAil arvem[nt Center U7) Kendall Hall U1) KEN Quay 1 (27) QI
Athletic Office build ART Ken 11,11 (401'
Auditorium B Bing 1111' Lab GYmna+lum (221 OGYM Quad 2 (28) Q2
Building Illy AL'UB „
ffioingy Building IFY 0[Ui. Uri Building ILI LANG Science Rexatch building (53)' SRB
Bruce I1a11(41) Maple Sheer Hill (191 5hermon Motel and
Buimcsa AdminiArition "I ryuis Hall (49)• Conference Center OW
BuddinA (16)' BUST MNfiews Hall (20)• MAR Smith 11,11 (94)'
Chemistry Building (71* 1.11011 Nlen'f Building (211' MB Speech;Drama Building (18) S'D
Chilton I1all (29) 5u0ivNot Visitor center 1761'
Clerk 1(4111+11 Mena Gymnasium (11) MGI NI lvr0 }Tall (A)
Colixum 1121' COL McConnell Hall (41), University Min!stdes
CnAege !nn 1561 'Llusk Building 151' MU51 Center (57) U'NIC
Crumky 1!11 (42)' Nlusic rtactice North 125)' NIPN Unn-mity Scriicev Building (55)'
Fout+ Field 1141 Nlvfic Practice South (241' SIBS UnKer+dy Union (2)'
General Audvml< Building (9)' GAB Oak ShM Hall (11)• 05H West }cell (M)
Opcu Hell (26) OPLR Willis Library (1l•
11cdlh Center IM • Ph ekel Fduca!ion Wornen'f Gymnasium (21) W0"M
m Wooten Hall (19)'
1-tio, nd hall mi.; ( v!cal Plant
Hu!oncAl Building (il) IIIST IIST Physical Plant Complex 1`~I 'Buildings aaessibk to wherkhairtnnfined perxmf
Industrial Techridogy Phy+icf BV Idirg (1.91' Pill '9 lndiceree one-way flml
Bu I&I (i0)' IT
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residentolot)
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Sycamore Street
Perking Lot 05
(co uter lot) {
McConnell Hall
I( Bruce Hall
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NORTH TEXAS S
TATE UNIVERSITY
020ix
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Oft e of the We President
Fw Administrative Affafre
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MEMORANDUM
1
TO: Dr. Betsy McGuire
Director of Housing
FROM: Fred Pole5irC Oa
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DATE: March 2, 1988
Attached at enclosure 1 is Ronald Gould's request to have the street closed
in front of McConnell Hall for a street dance on April 14, 1988.
1 asked Chief Jackson for his comments and recommendations. (Enclosure 2).
Would you please coordinate the matter with Ronald Gould? If the conditions
stated in Chief Jackson's memo are acceptable, I will be pleased to recommend
closure of the street to the City Council of Denton. i
Thank you for your efforts in this matter.
mh r
cc: Ronald C. Gould, Jr.
JJ President
McConnell Hall Association
Enclosures (2)
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I P.O. BOX 13737 OENION, TEXAS 782034777
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(817) Sas-2103 ME TAO: 2870652
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24 February 1988
TO: Mr. Fred Pole,
Vice-President of Administrative Affairs
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FROM: Ronald C. Gould, jr, fV~rA
t President,
! McConnell Hall Association
RE: Street Dance Proposal
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The McConnell Hall Association is proposing to hold a street
dente on 14 April 1988. The location would be the street area
directly outside the front of McConnell Hall on Sycamore Street.
To facilitate set up and clean up of the dance, the street would
need to be closed at least an hour in advance of and an hour after
the dance officially ends.. The section of the street to be
closed is Sycamore from the corner of Avenue C to approximately
100 feet west of McConnell Hall. This will allow the proper f
I space and atmosphere of a street dance, without causing undue
difficulty for those residents who want to use the parking lot
across the street from McConnell Hall.
The dance is scheduled to begin at 8:00 p.m. and will end as
close to 12 midnight as possible. Entertainment will be pro-
vided by either a live band or a disc jockey, though at this
time the final decision has not been made.
There will be no food served: the only refreshments will be
beverages supplied by the Dr. Pepper Company. A soda foundtain
will be set up outside the building, with residents serving r'
themselves.
Babed on attendance at previous MHA sponsored dances, as well A
as attendance at campus-wide dances, we project anywhere from
300 to 700 people to attend the dance.
Thank you for speaking with me earlier. i hope this answers
any questions you might have. If not, or if other questions
arise, please feel free to call me at X-4299, or leave a message
at the McConnell Hall Front Desk, X-4955.
h
N0NIN NIAA9 91AIN UNIV911111M 09NTON, UNAS 76909
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North Teas State University
f University Police
-MEMORANDUM-
February 29, 1988
To : Fred Pole, Vice President
Administrative Affairs
From S. Ei is Jackson, Chief
University Police
Re McConnell Hall Street Dance
The major problem with Mr. Could's request is the possible DJ or live band. An
outside band or DJ is prohibited by city ordinance after 10:00 o'clock y
PM, While there is some quesiton about the enforcability of the ordinance on ;
state property, any complaints would undoubtedly bring about a confrontation
with the city. A secondary problem is the closing of the street. A street
closing must be approved by the city council,
Other minor problems would involve the control of alcohol and undesirables.
The other "street dances" we've had were internal to the campus and outsiders
were not such a problem. A dance in this area will undoubtedly bring in some
non-student area residents. Control of alcohol consumption is always a problem
at events of this nature.
If this event is scheduled, I would request the following minimum criteria
The RHA should be willing to shut the music down if we receive complaints
from residents near the area.
The RHA should supply at least five "monitors" in distinctive attire, t
special t-shirts or something similar, to help control alcohol
consumption and monitor the crowd.
Two police officers should be hired for security and to provide legal a
support for the monitors if needed,
The RHA should police all the surrounding parking areas for trash and
. debris after the event.
Please lot me know if you need additional information about this matter.
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2261L
RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING SYCAMORE STREET ON APRIL 149
1988; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Ronald Gould representing the McConnell Hall
Association has requested that Sycamore Street, from its
intersection with Avenue C to its intersection with the entrance
to the parking lot adjacent to McConnell Hall, a public street
within the corporate limits of the City of Denton, Texas be
temporarily closed to public vehicular traffic between the hours
of 730 p.m. to 1:30 a.m. on April 14, 1988, for the purpose of
having a street dance; and
WHEREAS, the McConnell Hall Association has requested an
extension to Section 14-21 of the Code of Ordinanceti to allow
amplified music to be played until 1:00 a.m.; and
WHEREAS, Ronald Gould representing McConnell Hall has
assured the City Council that all residents in such block have
agreed to the temporary closing of Sycamore Street; NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Sycamore Street, from its intersection of
Avenue C to its intersec'ton with the entrance to the parking s
lot adjacent to McConnell Hall, a public street in the corporate
limits of the City of Denton, Texas, be temporarily closed to
vehicular traffic from the hours of 7:30 p.m. to 1:30 a.m. on
April 14, 1988, for the purpose of having a street dance with
the following conditions:
1. The residents of McConnell Hall will clean up after
the s:reet dance; and
2. That no music will be played after 1:00 a.m.
SECTION Ii. That the City Manager shall direct the appro-
priateZM tf y Department to work with the North Texas University
Police Department to erect barricades at Sycamore Street, from
the intersection of Avenue C to the intersection with the
entrance
to the parking
lot adjacent to McConnell Hall at 7.30
p.m. and to have the same removed at 1:30 a.m. on said date.
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PASSED AND APPROVED this the day of , 1988.
I RAY STEPHENS, YOR
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ATTEST:
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R AYZY
JENNIFER WALTERS ,
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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