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04-19-1988
F,! t AGENDA S CITY OF DENTON CITY COUV IL April 19, 1988 Work Session of the City of Denton City Coun.:il on Tuesday, April 19, 1968, at 5:30 p,m, in the Civil Defense Room of City Hall at which the following items will be considered: Note: Any item listed on the Agenda !or the Work Session may also be considered as part )f the Agenda for the i Regular Meeting. 5:30 P.M. 1. Receive a mission statement ar,d discuss the proposed makeup of a Blue Ribbon Citiz.>ns Committee for Solid Waste. t 2. Receive a report concerning budget priorities as determined by the City Council questionnaire. 3. Mid-year financial analysis and determination of various 1967-66 budget issues. 4. Hold a discussion of various personnel policies (probationary period, wage continuation, demotions, disciplinary action and appeal). } 5. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252.17 V,A.T.S. 1. Consider authorizing the City Attorney to file suit to collect delinquent hotel occupancy taxes from the Holiday Inn and Sheraton Hotel, B. Real Estate Under Sec. 2(f), Art. 6252.17 ' V,A.T.S. i C. Personnel/Board Apppointments Under Sec. 2(g), Art 6252.17 V.A.T.S, 5 1. Consider an appointment to the Building Code Board. I I f I City' of Denton City Council Agenda April 19, 1988 Page 2 Retular Meeting of the City of Denton City Council on Tuesday, April 19, 1988 at 7:00 p,m. in the Council Chambers of City Hall *t which the following items will le considered: 7:00 p.m. 1. Annual presentation from the Denton Chamber of Commerce - Visitor and Convention Bureau. 2, Update from the CIP 191 Committee, Public Hearings A. Consider petition of Metroplex Engineering Corporation, representing Keele-Alvarez, Inc., requesting approval of a specific use permit on 4.33 acres in an Agricultural zoning district. The specific use permit, if approved, would permit the development of the Jane Marshall School and Evaluation Center including an administration building, classrooms, gymnasium, EE cafeteria, and pleyground. The property is I located on the west side of Bonnie Brae Street, 1 approximately 10350 feet south of the intersection of Airport Road and Bonnie Brae i Street, and is more fully described as being in the Eugene Puchalski Survey, Abstract 996. (The j Planning and Zoning Commission recommends i approval.) Z-88-002 1. Consider adoption of an ordinance approving a specific use permit on 4.33 acres for the development of the Jane Marshall School ant. Evaluation Center. B. Conside.• an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for a zoning classification for . remote off-street parking; providing for a I penalty in the amount of $2,000.00 for violations thereof; and providing for an effective date. (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of ordinance amending Appendix B-toning of the Code of Ordinances of the City of Denton, Texas. i i i i i 1 74 i City of Denton City Council Agenda ' April 19, 1988 Page 3 4, Receive a citizen's report from Mr. Stacy Lee regarding a utility billing problem, S. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up Information is attached to the ordinances (Agenda items 6.A, 63). This listing is provided on the Consent Agenda to allow Council Members to discuss any of the oidinance. item prior to approval A. Bids and Purchase Orders: 1. Bid 19838 - Woodrow Lane Utilities Relocation 2. Bid 19841 - Taylor Park Storm Drainage 3. Bid 19790 - Wastewater Misc. Improvements fi 4. EPO 183140 - General Electric'Co. S. EPO 083546 - Bowles 6 Eden Co. 6. EPO 183744 - Consolidated Traffic Control 7. EPO 184045 - Wesco f B. Plats and Replats 1. Consider approval of preliminary plat of the Beamer Addition, Lot 1, Block A. (The Planning and Zoning Commission recommends approval.) i 2. Consider approval of preliminary plat of the Jane Marshall School Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary and final replat of Lots 14, 15, 16, 17, 18, 19 and 10 to Lot 14R, Block 3, of the Northside Addition. (The Planning and Zoning Commission recommends approval,) 1 City of Denton City Council Agenda April 19, 1988 Page 4 r imi 4. Consider Additlonval Lot pr19 Bloc k p1At of (Tthe he Planning and toning Commission recommends S approval.) C. Tax Refund 1. Consider approval of a tax refund for La Prairie Apts. J/V. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance providing for the expenditure funds for emergency services purchases r of materials, equipment supplies ! accordance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance approving and { authorizing the City Manager to execute a settlement agreement with Joe and Mary LaJean Sherrill relating to Sherrill Vs. the City of Denton. I D. Consider adoption of an ordinance prohibiting the j j parking of vehicles on both sides of Carroll { Blvd, two-hundred fifty feet (2501) north of Fain I I Street to Sherman Drive during the annual Spring Fling to be held May 6, 7 and 8; and allowing f banners to be hung above public streets. 7. Resolutions a A. Consider adoption of a resolution approving a Cable Duct Use Agreement between the City of Denton and Sammons Communications, Inc. for the Dint use of an underground cable duct to be Installed in the area commonly known as "The Square", B. Consider approval of a resolution adopting Policy No. 104,02 "Probationary Period", Policy No. 107.07 "Wage Continuation", and Policy No. 109.02 "Demotions'. f ~ i i ~r City of Denton City Council Agenda April 19, 1988 { Page 5 Z i C, Consider approval of a resolution adopting Policy No. 109,01 "Disciplinary Action and Policy No. ~ 109,03 "Appeal", 8. Miscellaneous matters from the City Manager. 9. Official Action on Executive Session Items: . A. Legal Matters B. Real Estate C. Personnel D. Board Appointments } 10. New Business: This item provides a section for Council Members to r suggest items for future agendas. 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T,S. B. Real Estate Under Sec. 2(f), Art, 6252-I7 V.A,T.S. t 1. Discuss law enforcement /court complex, I { C. Personnel/Board Appointments Under Sec. 2(g), 1 Art 6252-17 V.A,T.S. C E R T I F I C A T E j I certify that the above notice of meeting was posted on the bulletin board at the City, Nall of the City of pentyn, Texas, the day of C ~ 1966 at 1/'y5 o'clock (a.m.) 6p.m"377 04A~"SElb I'ART 29000 { t i I ~ s I i AGENDA I CITY OF DENTON CITY COUNCIL April 19, 1988 i Work Session of the City of Denton City Council on Tuesday, April 19, 1968, at 5:30 p.m. in the Civil Defense Room of City Hall at which the following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. S:30 P.M. 1. Receive a mission statement and discuss the proposed makeup of a Blue Ribbon Citizens Committee for Solid Waste. Receive a report concerning budget priorities as determined by thL City Council questionnaire. I 3. Mid-year financial analysis and determination of various 1967-86 budget issues. 4. Hold a discussion of various personnel policies (probationary period, wage cont(nuation, demotions, j disciplinary action and appeal). k S. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2-17 V.A.T.S. I 1. Consider authorizing the City Attorney to file suit to collect delinquent hotel occupancy taxes from the Holiday Inn and i Sheraton Hotel, i B. Real Estate Under Sec. 2(f)9 Art, 6252.17 V.A.T.S. C. Personnel/Board Appointments Under Sec, i(g), E Art 62S2-17 Y.A.T.S. 1, Consider an appointment to the Building Code Board. II a 4 ~f 1 1 r City of Denton City council Agenda April 191 1986 Page 2 i Regular , Meeting of the ipym. Denton Cti, the CouncilouChambers Tof sCity April , Flail at which the following items will be considered: 7:00 p.m. Annual presentation from the Denton Chamber of f 1. Commerce - Visitor and Convention Bureau. 2, Update from the CIP 191 Committee. i 3, Public Hearings { A. Consider a petition of Metroplex Engineering Corporation, representing Keele-Alvarez, Inc., 1 requesting approval of a specific use permit on ~ 4,33 acres in an Agricultural a toning 2district. The specific use permi#. , PP permit the development a the Jane Marshall ! School and Evaluation Center including an administration building, classrooms, Propertygymnasium, cafeteria, and playground. located on the west side of Bonnie Brae Street, approximately 10350 feet south of the intersection of Airport Road and Bonnie Brae Street, and is more fully described as being(Tin the Eugene Puchalski Survey, Abstract 996, Planning and Zoning commission recommends approval.) Z-86-002 " 1. Consider adoption of an ordinance approving a specific use permit on 4,33 acres for the development of the Jane Marshall School and Evaluation Center, B. Consider an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for zoning ctoviding atifor for, remote off-street parking-, providing penalty in the amount of $22x000.0 efor vi elations an ectiv ` thereof; and providing (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas. h ' 1 i T - - - T I. City of Denton City Council Agenda April 19, 1968 Page 3 i k 4. Receive a citizen's report from Mr. Stacy Lee regarding a utility billing problem. 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.B). This listing is provided i on the Consent Agenda to allow Council Members to discuss eny , item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid #9636 - Woodrow Lane Utilities Relocation 2. Bid 09842 - Taylor Park Storm Drainage 4 { 3. 1"1 09790 - Wastewater k;1sc. Improvements 4. EPO 083140 - General Electric Co. 5. EPO 063546 - Bowles & Eden Co. 6. EPO 083744 - Consolidated Traffic Control 7. EPO 084045 - Wesco B. Plats and Replats i 1. Consider approval of preliminary plat of the Beamer Addition, Lot 11 Block A. (The Planning and Zoning Commission recommends I approval.) ' 2. Consider approval of preliminary plat of the Jane Marshall Schnoi Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary and final replat of Lots 14, 15, 16, 17, 16, 19 and 20 to Lot 14R, Block 3, of the Northside Addition. (The Planning and Zoning Commission recommends approval.) ?t City of Denton City Council Agenda April 19, 1988 Page S I C. Consider approval of a resolution adopting Policy No. 109.01 "Disciplinary Action and Policy No, 109.03 "Appeal". 8. Miscellaneous matters from the City Manager. 9. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 10. New Business: 4 This item provides a section for Council Members to j suggest items for future agendas. I 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 61S2-17 V.A.T.S. 1. Discuss law enforcement/court complex. 4 I C. Personnel/Board Appointments Under Sec. 2(g), s j Art 6251-17 V.A.T.S. JJJJ C. S R T I P I C A T E F I 1 certify that the ebove notice of meeting was posted nn the I bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1988 at o'clock (a.m.) p.m. , CITY SECRETXRY I ` 29000 F ~ t I i 1 1 f I' City of Denton City Council Agenda ! April 19, 1988 Page 4 i 4. Consider approval of preliminary plat of the Ward Addition, Lot 10 Block A. (The Planning and Zoning Commission recommends approval.) C. Tax Refund 1. Consider approval of a tax refund for La Prairie Apts. J/V. 6. Ordinances A. Consider adoption of an ordinance accepting competitiv- bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance approving and authorizing the City Manager to execute a settlement agreement with Joe and Mary LaJean Sherrill relating to Sherrill vs, the City of t Denton, D. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Carroll Blvd, two-hundred fifty feet (2501) north of Fain Street to Sherman Drive during the annual Spring Fling to be held May 6, 7 and 8; and allowing banners to be hung above public streets. 7. Resolutions A. Consider adoption of a resolution approving a Cable Duct Use Agreement between the City of Denton and Sammons Communications, Inc, for the joint use of an underground cable duct to be installed in the area commonly known as "The Square". B. Consider approval of a resolution adopting Policy No. 104.02 "Probationary Period", Policy No. 107.07 "Wade Continuation', and Policy No, 109.02 "Demotions , 4 ,r i I I►I l f t 1 1 CITY of DlNTON, Tams 215 E. McK1NNEY/ DENTON, TEXAS 76201 / TELEPHONE (817) 5W200 i M E M O R A N D U M TOt Rick Svehla, Deputy City Manager FROMS Bill Angelu, Director of community services DATEi March 25, 1988 SUBJECTf MISSION STATEMENT AND MAICEU4 OF t BLUE RIBBON CITIZENS COMMITTEE FOR SOLID WASTE k As you know, last month the staff recommended to the City Council that they create a Blue Ribbon Citizens Committee to evaluate and provide recmmendations to the Council relative to the provision of solid waste services and the disposal of solid waste. As requested, we have devel- oped and offer the following proposed mission statement for that commit- tee and have provided a recommendation on the makeup of the group. It shall be the charge of the Citizens Committee on Solid Waste tot 1. Review and ovaluatt the rcl4 of the City of Denton relative to I the provision of sul:d waste service. This charge shall include a determination of whether or not the City should continue to provido residential, commercial, and/or disposal i sarvicea. Additionally, this charge s+iall include an eval- uation and recommendation on needed changes (if any) in the 2 level of service provided. r 2. Based upon the results of the first objective, the Committee shall evaluate and provide a recommendation to the City Council relative to the future course(s) of a. on to be taken in respect to the disposal of solid wastes. This charge shall 4 include an examination of alternate disposal methods and an analysis of cost, cost effectiveness, environmental impact and y political feasibility of each alternate method. a • r r Sba03258812 ) MISSION STATEMENT - BLUE RIBBON CITIZENS COMMITTEE March 25, 1988 Page 1.1 Given the magnitude of this mission and the vast amount of technical information which must be covered, the staff would recommend that the sire of the Committee be limited to a small group of individuals, f Individuals chosen for thin assignment should include those affected by ) the potential decisions, but do not have a significant monetary interest in the decisions. For these reasons we would suggest that the Commit- i tee consist oft Two (2) residential customers Two (2) smaller commercial customers Two (2) larger commercial customers j One (1) member representing the Planning and Zoning 1 it Commission One (1) member of tho City Council Obviously, the members of my staif and myself will fulfill the role of staff liaison and shall provide any and all information requested by the Committee. We would anticipate that this mission will take approximately six to j nine months to complete. The first two months will probably include an intensive educational process designed to familiarize the Committee Members with the existing system, alternate systems, and applicable state and federal regulations. Once this education process is complet- ed, the Committee shall turn its full attention to the task at hand. Should you have any questions or comments on this matter, please let me know. y r'y Respectfully tlDmitted, Bill Angel BA/sc 1 lba03258812 q a ! k J Y x. I N i I I ~ i I I. LIJZ= Lj~ 1 {4 i i i i ~I i i r I I ' i It 1 f a 3 BEase11~ CITY of DENTON / 215 F. McKinney / Denton, Texas 76201 3 M E M O R A N D U M b O b 4 b b b 0 b W i Ii I i TO: Lloyd V. Harrell, City Manager FROMi John F. McGrane, Executive Director of Finance f fff DATE: April 15, 1988 SUBJECTt BUDGET PRIORITIES QUESTIONNAIRE i i Attached for your information is a copy of the results of the Budget Priorities Questionnaire. If you have any questions regarding this matter, please ad- vise. Y, J n F. McGrane JFHisjn 'r Attachment e E i COUNCIL QUESTI(NNAIRE FURM 198849 BUOCET , i I. Please indicate below your preference for the city's efforts in the upcoming 1988-69 budget year. Please use a scale of one to ten, with one indicating a strong desire to reduce city services, ten indicating a strong desire to increase city services, and five representing a satisfactory level of services. Priorit Rankin No Eliminate Reduce Expand S scan Hay i Opinion Effort Effort Effort Expand Effort 1 /-7 /-7 /----7 /-7 PUBLIC SAFETY A VG.} I Police Patrol Y 1 2 3 4 #7 19 10 {a 00 B 45 Police Investigation 1 2 3 4 8 9 lU 4.00 k Fire Prevention 1 2 3 4 /y t#7 j 9 lU 400 Emergency Medical Service 1 2 3 4 V7 jj 10 Fire Suppression b 1 2 3 4 7 9 y(i ` Emergency Preparedness 1 3 4,f 3 7 V 9 10 Animal Control {t 1 2 3 4// A// 8 9 10 'r. 93 4 Building Inspection 0 1 2 3 4A'7 8 9 10 s s 7 Code Enforcement 0 1 2 3 4 e, f AK9 lU y3 , Parking Control 1 2/ 4 /W 0 7 Y 9 10 S, 33 `F Municipal Court 1 2 3 4 7,Y 9 to L~ f DRIVING IN DENTON 't • Street Maintenance & Repair U 1 2 3 4 9 lfl 7•/y Street Rebuilding 0 1 2 3 4# 9 10 G•N 3 Storm Drainage U 1 2 3 41A 7 V 9 Transportation Planning (Streets) 0 1 2 3 4 9 10 Oy + r Transportation Planning (Mass Transit) U 1 3 4 9 10'~ Traffic Signalization 0 1 2 3 4# b 9 7• DD Y~ 1988-89 Budget Council Questionnaire I Page 2 of 3 r J Priority Ranking 1 No 1 ndnate ketluce Expanu STs tantially Opitiia; Effort Effort Effort Expand Effort GROWTH IN TW CUYMINITY y-? 7+? /---7 /----7 /'J A vG Economic Development u 1 234/!'U 9 lU /i•OO Airport Development 0 1 4~ B 9 IU y7/ i Public Relations U 2 3 4 8 9 10 S.It3 I Downtown Redevelopment 0 1 2 0 4 0 7►~/ 9 10 Historic Preservation 0 X 2 3 4 *7 d 10 iY Monitoring Planned Development 0 X 234 .~y89 Long Range Planning 0 1 2 3 /t /*7 8 9 Strategic Planning 0 1 i 3 4 7 8 9 s, s 7 r Law & Moderate Income Housing Programs U 1 2 4 5 / y f*8 9 10 c . y 1 LEISLW FACILITIES " Recreation Programs 0 1 y 24/4 ~7 ~ 9 10 .f.o0 I Park Expansion 0 1 2 # b 9 10 1 Park Maintenance 0 1 2 3 4,#/ jf 8 9 10 s: S Aging services 0 i 3 4 8 9 10 S/ y Library U 1 2 3 4 9 lU L.~9 Beautification Efforts 0 1 2 3 4 61/ 1P9 a q J INTERNAL SERVICES Leal 1 234#/ ~7~9 lU Data Processing /d 1 2 3 4 f~ 7 9 10 .bo 'FEW ll~ I V 1%8-89 Budget Council Questionnaire Page 3 of 3 Priority Ranking { No Eliminate Reduce Expand Substantially Opinion Effort Effort Effort Expand Effort /`-7 /`-7 7 /--7 /-7 INTERNAL SERVICES, con't. V(n i Personnel 1 o Recruitment Y Y 2 3 4,f r 9 10 C.3.1 o Training/Development 1 3 4 # X/7 8 9 10 S• 6 o Employee Relations 0 1 2 3 Y N At 7 p 9 10 4-.71 ` o Pay Plan Design 1 2 3 4 417 VY 10 G•So } E o Affirmative AcOon U 1 ~ 3 4 y ,y7 IV9 )6 } 9 UTILITY SERVICES 3 Utility Billing U 1 2 3 4/0/ 97 8 9 . 6 6.66 i j Electric Generation 0 1 2 3 4K 5 X18 9 10 s•y3 Electric Uistribution U 1 2 3 4 /LI/ U/ 8 9 10 s~S 44 Energy Management U 1 2 3 4 f/ A, p 9 10 • l y [ Water Treatment 6 Maintenance 0 1 2 3 4 V 7 Y LQ y3 Sewer Maintenance U 1 2 3 410 of y 8 9 Ld 4-1Y Solid haste Collection 0 1 2 3 4 A~11 / 8 9 10 1 Litter Programs U 1 2 3 4 7 OTHER ISSUES Capital Improvement Funding 0 1 2 3 7 jd y~ ],d L•7/ II. Are there areas or projects which should receive special attention during the 1988-89 budget process? If so, please list. Fire pay schedules. Enployee salary and benefits should be adjusted to a higher level as soon as f finances will permit. Problem; Hotel/Motel tax. Projects: Beautifiectiort, especially highway entrances; M-K Center, staff and program support; street maintenance, 3346F 03/30/88 i i P 1 I-fill i I i f i ,r j 4 j 1 7 J 1 ;l 3 CITY ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (8?7) 566-8200 i MEMORANDUM } DATE: April la, 1988 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: SIX MONTH BUDGET REVIEW t As part of the 1987-88 budget process, we recommended to City Council that a mio year budget review consider four (4) items. They are as follows: ' R 1. The possibility of an across the board employee salary adjustment. 2. Keeping the recreation center hours open from 8:00 P.M. ( to 9:00 P.m. 3. Reviewing the impact of increasing the over 65 exemptions for property tax owners. 4. Review the compliance with the voluntary holiday/comp *a ± time proposal in the Fire Department. Before discussing eac, ..ie of the items, I think it is necessary to give an overall view of the General Fund budget at the end of r +4 the six months. As you are aware, it was hoped that an up turn in the local economy would produce additional revenue sources in order to be able to be even consider additional budgetary ( expenditures at the six month mark. It appears from the six month's reports that although there has not been the up turn in the local economy, revenues and expenditures are tracking on a total fund basis exceptions within Sometrevenu s ano expenditureTline itemsawhere i some are down and some offsetting each other. However, as compared to the revenue and expenditure patterns, for this year as opposed to last year, we seem to be tracking at the same F r- Memo to Lloyd V. Harrell April 14, 1988 Page 2 level. Although it is somewhat g)od news that the budget is tracking as it was originally projected, at this time this would not leave any room for budgeting additional expenditures. One good note in the revenue picture was the receipt of sales tax for the month of March. This check was 535,000 over what was budgeted. However, the erratic pattern of the sales tax checks has not been consistent enough for us to predict with any level of comfort any future increases, and what little increase I 1 has occurred so far this year, has been offset by related short F i falls that have been occurring in other areas, particularly building related activities. Once again, though, I would like I to state that on the overall total fund basis, revenues and expenditures are tracking as budgeted. With regards to specific items; ' 1. Across the board em to ee salary a_dJustments. The Personnel office as rev ewed a s x month fiscal-fact for t the above (see attaches memo from Tom Klinck). j In order for any of these increases to be incorporated into the General Fund budget, since there were no additional amounts budgeteo at the beginning of the year, additional revenues or reductions of current expenditures would be necessary in order to provide for any increases. { 2. Extending the hours of the recreation centers. Effe.t ve Apr , 1988, the Parks a Hecreat on Department began closing the recreation centers at 8:OU P.M.. instead of the regular time at 9:00 P.M. In order to keep the centers open it would cost $1300 or $650 per center to remain open that additional hour. For further comments and statement of impact, I have attached a copy of a memo from Steve Brinkman to myself explaining the reduction in hours i" and its potential effects. 3. After consulting with the City Attorney, with regards to ~ the over 65 exemptions, she has determined that under current state law, we could analyze the fiscal impact as it would have in coordination with the budget preparation for next year. Therefore, the May Ist deadline for any action is currently not necessary. However, I do feel that Council should be aware of the fiscal impact. If all the current factors were the same for next year's tax base, the following would be the fiscal impact for raising the exemption from b16,000 to W,000 per year. i a 2,133 owners x ($9,000 additional exemption 100) x $.5928 tax rate = b1131800 total loss of tax revenue. fs 1 F; Memo to Lloyd V. Harrell April 14, 1988 S Page 3 t { I think it is important to reiterate that Curing budget deliberations Council developed as a goal $259000 for the over 65 exemption. It was also recogn!zed at the time that a phased in process may be necessary. 4. As you are aware, the proposeo 1987-88 buaget recommended the elimination of holiday pay for firefighters. This elimination would generate a $100,000 savings in personnel costs for the Fire Department. During the budgeting process, negotiations went on with the Fire Department and a voluntary program was suggested by the firefighters and was accepted by the administration. The voluntary prograi, suggested by the firefighters would only generate $35,000 in savings from camp time use instead of holiday pay. Staff reduced other line items in order to generate budgeted forialln overtime tin y fire savings. is total $258,n700. As of the end of March, $149,730 has been spent which is 57% of the budgeted total. Because of the concern for a voluntary program, staff indicated they would report back to Council the progress of the program at the six month level. For a copy of that report, see the attached memo from Chief John Cook. In conclusion I would like to state that we are fortunate that we are able to continue with the budget as recommendea and that no out backs will have to take place at the current time. We will continue monitoring the budget for any potential pit falls or any possible additional resources that may become available some time later in tht year. Indications from several sources have indicated that the Texas economy has bottomed out, but it will be some period of tim9 before the trend continues bac' in a rapid growing pattern. Hopefully, the Texas Instruments facility and the Boeing Plant will help the local economy and will help off set some of the areas that are now experiencing considerable problems especially in the real estate and finance areas. If you need any additional information regarding any of the ' above, please don't hesitate to contact me. f ?o-n 4,.c rave JFMcG:af Attachments 3400F I p~ s ,I I x 1. e r MEMO 88-028 T0: Mr. Lloyd Harrell, City Manager FROM: J. L. Cook, Jr., Fire Chief AV DATE: 13 April, 1988 , j SUBJECT: MID-YEAR BUDGET UP-DATE/HOLIDAY PAY S i When we began the 1987-88 Fiscal Year, our budget had a short- r fall. Rather than reduce staffing levels, a compromise was reached with the Fire Fighters to ask for a voluntary conversion Ip a' of several of their holidays into compensatory time. We received a total of 229 holiday conversions or 2.73 per employee. This ° was well within our guidelines. S ; , However, due to only 135,000.00 being budgeted for actual over- time costs and a combination of injuries, retirements, eto. our compensatory tine-off program has worked less than ideally. It has been difficult to allow people off in a timely manner. FY 1988-89 will hopefully iiee some improvements in this area. Should you have any further questions in this matter, please do not hesitate to contact me. E i 21 JLC/ec 1 1 } i i i I! 1 i , n. Vceatg CITY of DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 7820E F H E M 0 R A N D U M U FAN ' TOs John hc3rane Executive Director of Finance FROM, Steve Brinkman, Director of Parks and Recreation DATEt April 13, 1988 SUBJECTi Reduction of Hours at Recreation Centers As of April 1, 1988, we modified our closing time at the recreation centers from 9pm to 8pm. The closing will allow us to prevent an expenditure of approximately $1,300 or $650 per center over the final six months of the fiscal year. The major groups being impacted are the fitness club members at North Lakes and the drop-in gym users at Oenis. We are, at this time, unsure of the impact on attendance because it Is possible that many of those who used the buildings until 9pm will still use then, bu; only until 8pm. We have had acme indications from the fitness club members at North Lakes that the 8pm closing time will impact their use of that facility and may want refunds of their fees. Generally, we would have approximately 25 to 50 individuals who would use the centers between 8pm and 9pm, s. Steve Bri kman w i MEM02279 g ~ t. r t/~alia~e~l ~olcl t~~e~it!t~i~~~d '~X'~►r✓nP~ Donlon Pork# and Recreation / DentoniTexae / fe~7l~aO.BflfO ! ~ e g' - L 40d k, CITY of DENTON / 215 E. McKinney l Denton, Texas 76201 MEMORANDUM TO: Betty McKean, Executiv° Director Municipal Services/Economic Development i FROM: Thomas W. Rlinck, Director Personnel/Employee Relations DATE: April 15, 1988 SUBJECT: Cost Estimates for Possible April 1, 1988, Pay Adjustments R° I Betty, this memo will surAAarize our study and analysis to provide information for the City Manager on possible April 1, 1988, pay adjustments. While we looked at several options, the most workable one seemed to be across the board pay plan increases for all City employees (excluding executives). Also, In light of the fact that there are many employees at tog of ienge, we looked at a one-time lump sum payment for those employees (which included most of the firefighters). The specific numbers for a 119 210 or 31 increase In each f category are outlined below. 11 21 31 Across the Board Pay Plan $104,172 $213,473 $321,563 Adjustments (excluding Executives) ~ j Effective April 1, 1988 One Time Lump Sum Payment for Top S 68,771 $137,545 $206,318 of Range Employees (only employees at top of range October 1, 19870 and receiving a satisfactory performance evaluation) We sutsequently sat down with John McGrane to discuss each alternative. Unfortunately, based upon revenue projections versus collections at that point, It was decided that neither alternative could be funded at this time. If you require further information, please let me know. j Thank you. omas nc 472SP 041588:0820 z. ;J r a ID CITY of DENTON / 215 E. McKinney I Denton, Texas 76201 I MEhIORANDUhi n . Betty McKean, Executive Director j Municipal Services/Economic Development FROM: Thomas W. Klinck, Director ! Personnel/Employee Relations DATE: April 15, 1988 h S BJ£CT: Firefighter Holiday Pay Restoration % Betty, this memo will outline the discussions we have had with Chief John Cook concerning Fire Department compensation. The Fire Department has calculated the amount of savings thus far in this year's budget with their voluntary program of taking compensatory time in lieu of pay for holidays, our understanding is that this program is working effectively for this budget year. However, it remains an issue that has created friction within the department. A current proposal being discussed is to restore the three remaining holidays for 1987/88 as paid holidays for St f'refighters. Additionally, there remain several problems with the Fire Department Pay Plan, Chandra and John have examined alternatives for including steps and other features in the plan that would correct these ' problems, From a compensation prospective, we recommend that these issues become priorities in budget deliberations and as a part of our compensation proposal to the City Wager. In that proposal we would recommend that holiday pay be ! k restored in some fashion and that changes to the Fire Pay Plan receive s consideration in line with compensation recommendations for the entire organization. We would anticipate that should funding be available this will j settle the concerns that have been expressed with respect to firefighter { compensation. ! Should you like additional information concerning this recommendation, I will be happy to respond, i i omas nc 4726P 0415S8:0900 i i 4 i N i I I I ~ LLJLI:rT i LLI= LAO= LLJ= L L= Uj= E LLIErT-r Lj= Lai= Ljj~ LIZ= LEI= LLJ= LLI= I i It 1 1 M CITY of oENTON, TEXAS MUNICIPAL AUILDINO / DENTON, TEXAS 70201 1 'rEIEPHONE (817)588.8307 Office of the Clfy Man#per M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DhTE• April 15, 1988 r~ SUBJECT: Batik-up for Agenda item l -500 p.m. 1 a Sack-up materials can be found with items 07.A. and #7.B. t l E i 1 ° ~ Tffer W tere t 2727C/2 f j Fr R' ' f~ I I 41 F { 1 0 k F f ~ t Ii I I IL f Y I V i, 1987 BOARDS AND COMMISSIONS APPOINTMENT INFORMlATIOH i +i+ BUILDING CODE BOARD I CURRENT ORIGINAL PRESENT NEW ! APPOINTMENT TERN ATTENDANCE PLACE MEMBERS APPOINTMENT REPLACEMENT 1 Robert Horn (Chairman) 1982 1986-88 4 of 4 meetings 2 Mike Lewis 1982 ! 1986-88 3 of 4 meetings 3 Edgar Barnes* 1986 1986-87 3 of 4 settings 4 Robert Courtneya 1986 1986-87 3 of 4 meetings S Alfred "Bud' Green 1986 1986-88 2 of 4 meetings 6 Cliff Reding (ALT)* 1982 1985-87 1 of 4 meetings 1 Ed Stout (ALT) 1982 1986-88 2 of 4 meetings Council Liaison - 1 Staff Liaison - Jackie Doyle a Terms expire in 1987 MOTEL All members of must be residents of the City of Denton Board is made up of the following members: - a general contractoi (Lewis) an architect (Horn) - an engineer (Courtney) s - additional members (Green, Barnes) Members appointed for 2 year terms t o ! a~ q 66 t I I 3 j s y1 P ~}T 1 2 I, i r I Hr i CITY of DENTON, TEXAS MUNICIPAL SUILOINO / DENTON, TEXAS 70201 /TELEPHONE (817) 588-8307 Office of the City Manspsr l 1 M E M O R A N D U M 1 i1 TO: Mayor and Members of the City Council i FROM: Jennifer Walters* City Secretary DATE: April 15, 1988 i SUBJECT: BaCIA-up for Agenda Item t 1 I No formal back-up materials were submitted for this item. i s I Jenn or Wa tera 8 2727C/2 ~j t I r x 1 i ya:; y i I JLJLJLJL-L i t t E E i i E 'I 1 f CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {8!7)566.8200 t M L• M 0 G A N D U M + TO: Mayor and Members of the City Council FROM: Jack Miller, Chairman, 191 Ccmmittee a DATE: April 19, 1986 SUBJECT: Semi Annual Report on the $10 million Street Bond Issue and the $21.7 million CIP Program We are again pleased to be here to make our third biannual report to the Council. In our the staff continues to brief us on projectsarasrthemeprograms continue. They keep us informed of information from the Highway Department and other agencies that affect our projects. The programs are continuing to move forward. The majority of the projects remain very close to schedule or will be let within the years that we talked about. However, there are a few y exceptions which we will talk about in the report. y ! $10 MILLION STREET BOND ISSUE I Since October, all of the repaving and overlaying projects have been completed with the exception of two. The first of these is the "back side of the Square" or Austin, Cedar, Pecan, and Walnut Streets. These streets have still not been repaved because we are still doing some adjusting to the transformer and switch vaults on on the back side of the Square. Utilities is expectin8 to finish those in the early summer, and we would expect to have those streets repaved by Fall. Just a side i I. note, all of the work on the Square was done in cooperation with the Street Department using their trucks and manpower for flagging and our bids for asphalt from Jague Public. We were able to bring in all of the streets on the Square at a very i good price, and we were able to save some money by doing so. 4 4 tt r , w, T 191 Committee Memo April 19, 1988 Page 2 i The only other exception is Congress between Carroll and t Bolivar. You may recall this was a section that had an old i concrete pavement under the asphalt so repaving could not take pb b lines were in such bad shape that it could not lace. The cur done project redoing bes ouand t for bid, and you back then re paved d the without i so. The bid was advertised on April 7 and should be before you very shortly. The only other project that was not finished last October in this category was Bolivar Street. That has been finished. The Street Department again worked in conjunction with the repaving contractor, and we were able to bring the project in for $32,334.00 less than the estimate, COMPLETED PROJECTS i ~ issue we were in this Of the sixteen rebuilding projects that have completed several more of those to go along with those • that were all ready completed. The list of completed projects is as follows: (1} Stuart Lane - Hercules to Selene (I) Pershing - Stuart to Atlas Locust - Sherman to Orr ` (d) Welch - Mulberry to Hickory (S Hickory - Carroll to Cedar (b Hickory - Cedar to Austin (7) Glenwood - Windsor to University (8) Avenue C - I3S to Mulberry SCHEDULED PROJECTS 1 y {l) Magnolia Paving and Drainage and the Bolivar Street Paving and Drainage will be advertised at the end of this month. This project has slipped several more C months due to our combining the two projects and some utility adjustments and replacements by the gas company and Utility Department that had to be made before we could bid the project. (I) Audra Lane Paving and Drainage is scheduled to be advertised at the beginning of July. i E I f 4 t '91 Committee Memo April 19, 1986 Page 3 (3) The Acme Street Paving is scheduled to be advertised at the beginning of October. I f (4) Bonnie Brae from Scripture to Windsor 35 scheduled to be advertised in December of this year. (5) Bonnie Brae from Windsor to Riney Road will be bid ` in 1989. I (b) Scripture Paving is scheduled for bid in 1989. (7) Teasley Lane project has been designed. Since November, 1987, we have asked the Highway Department for the right-of-way on Teasley so that we can take over maintenance and begin construction. We have been in contact with the District several times since our initial request. They have been trying to work with Austin to release this section )f the road to us. The staff will be visiting with them again on April 14th. We will be ab13 to give you an update at the meeting. EXCEPTION PROJECTS Last time Hickory Street was listed under the exceptions. You may recall that we said we were going to try to bid Hickory, Oak, and Pry together. The combined projects are taking us a little bit longer to design. Our projected schedule right now is to advertise chest r,hrte projects in July. 421.7 MILLION CAPITAL. IMPROVEMENTS r Since we last talked to you, there have been a number of projects that have been completed. The list in October included the first four projects. Since then we have completed a number of others as follows: COMPLETED PROJECTS (1) Stiiart/Selene Drainage Project (2) Dallas Drive Turn Lanes I (3) Signal at US 380 and Loop 288 (4) Signal at US 380 and Old North Road f a. c 191 Committee Memo April 19, 1988 Page 4 i (5) Lillian Miller Parkway (6) Turn Lanes at Lillian Miller and 135 f (7) Pecan Cree% Drainage (6) Sidewalk Project on Hercules and on Evers Parkway and Windsor (9) Controllers on University and Carroll Boulevard - All of the controllers on Carroll have been installed, also the controllers at Malone and Fulton on University. We expect to have the remainder of the controllers on University installed by the middle of summer. (10) The drainage study - The draft of the drainage manual was received by the staff last week. Preliminary review indicates that the manual incorporates most of the changes we suggested which wi he subdivision regulations as 11 be included in t discussed and suggested by the Land Use Planning Committee. (11) Carroll Boulevard/Eagle Drive right turn lane r PROJECTS IN PROGRESS i (1) MLK Community Center - Contracts were let in March and construction is under way. We expect the Center j to be complete about the first of the year. (2) Athletic Field Design - The engineering firm has been hired and plans should be complete by December. (3) The traffic study - The design of the timing schedules under this contract is continuing. We have four of the signals from Congress to Hickory on Carroll all ready operating. The rest of the controllers on Carroll will be tied in during the late part of the summer. The timing and the rest of the controllers on University will also be completed this summer. i r' i N i '91 Committee Memo April 19, 1988 Page 5 (4) Windsor/Sherman Signal - Bores are being done now. ff Signal should be installed by May 15, 1986. 1 (S) Taylor Park Drainage - Bids are in. Council should ` be awarding the contract in May. Construction start f i to finish about four months. f PROJECTS IN DESIGN OR BID (1) Woodrow Lane Bridge, Woodrow Lane and Burning Tree Bridge - As you are aware, the bids last time were still too high. All these projects are now being combined, and they will be advertised at the end of I this month as a way of se.king a better bid for the construction of the projects. (2) The Audra Lane Paving and Drainage under design and should be bid July 1 r 1988 s are new i (3) The Burning Tree Drainage design is r')mplete and will be bid at the end of this month. (4) Senior Center - The architects are being reviewed now. We should be recommending one to the Council in May. We would anticipate construction to start about the first of the year, (S) The Animal Control Center - The architectural } q' contracts have been awarded, and plans are being done now. Bids should be awarded in the fall. (6) The Fire Station architectural contracts have also been awarded. You very recently reviewed the preliminary plans, and they expect to have the i1 drawings finished and bids on the project somewhere in September or October. (7) Bell and Mingo drainage and traffic improvements are being designed right now. They are expected to be r out for bid July 1 of this year. (8) Willow Springs drainage is expected to be out for bid June 1 of this year. ~I t 4 I i 191 Committee Memo April 19, 1966 Page 6 i (9) Malone Street drainage project is being designed and expected to be out for bid August 15 of this year. (1G) We would expect the initial work on the drainage study to begin in November or December of this year after the bonds have been sold. (11) Bell Avenue Drainage Improvements - This should be bid July 1, 1988. i (12) Bell Avenue Repaving from Texas Street North will begin right after the end of the semester at TWU. The projects in the future years continue to lcok feasible and doable. The staff continues to work on those and we will continue to try and update you on those as events occur. We reviewed a number of proposals that were brought to us by either the Council or the staff. Most of these suggestions have been conveyed to you, but we would like to do them formally at this meeting. First is the $25,000 for signal equipment this year. Staff has reviewed a number of signalized intersections to upgrade and F has suggested the intersections at Locust and Elm on McKinney ` Street. They are suggesting that we buy these two controllers and use the money that is left over (approximately X010,000) to fund a study for the Square area. We would be able to tie that area into the new system on Carroll Boulevard. The study would also recommend traffic movement changes to reduce confusion and sudden lane misalignments. We think this is an excellent way use the money to do two intersections which was the original intent of the $2S,000 and get the added benefit of tying the Square area into the Carroll system, The second suggestion involved a new project, the US 77 project which we are all very excited about. In the discussions with the Highway Department, the Council agreed to provide all of the right-of-way and to raise $1 million for curb, gutter, and drainage improvements. We understand that TI has agreed to fund a half million dollars of that project, and we were looking for funding sources from other areas. Staff brought up the Council suggestion to look at the Locust rebuilding project. Locust Street has just recently been repaved by the Highway Department (Summer 1965). There was some $692,000 worth of funding for that project in the $10 million street bond issue, Staff suggested that a half million dollars from the project be used for US 77 project. The Committee concurred I P I 1 1 i 191 Committee Memo April 19, 198b Page 7 ri with that recommendation. In fact, the Committee recommended that since it would not be appropriate to remove and to destroy the very recent improvements to Locust, it would be much more reasonable to defer that project. In the future, the project could be reviewed again and possibly considered for CIP funding. In the interim, a half million dollars of that funding could be used as the match for the million dollars 1 worl.h of money for the US 77 improvements. The Committee further suggested that the remaining $192,000 be used as a backup funding mechanism to the Woodrow Lane, Woodrow j I Lane Bridge and Burning Tree Bridge contract when those bids 4 come in. The only other projects that continue to plague us are the Highway Department projects. As you know very shortly after passage of the bonds, we received communications from the Highway Department that indicated that Loop 288 had been put w back at least one year. The staff continues to work with the Highway Department on trying to get that rescheduled back into E the 1990-91 year of our program. The other highway projects appear to be moving along although staff continues to worry about timing for those projects. As events occur and new providing that to information becomes available, staff will be us as well as to you. All of the remaining projects listed in the CIP program continue to move as scheduled. We continue to be optimistic that they will be let in the years that were indicated under the proposals. ac iller Cha man, 191 Committee 3987M/bw 1 I 1 1 k i {i i 7 { t l 3 Y i j I ~ r I t f L i i f I DATE: 04/15/88 CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC FEARING AND ADOPTION OF ORDINANCE ON 2-88-002 REQUESTING j A SPECIFIC USE PERMIT FM THE JANE MARSHALL SCHOOL ON 4.33 ACRES IN AN AGRICULTURAL (A) ZONING DISTRICT RECOMMENDATION: j The Planning and Zoning Commission recommenced approval by a vote of 5-1 at its meeting of March 23, 1988. SUMMARY: The property is located in a low intensity area and the proposed land use appears to be compatible with the existing land uses and policies. Improvements to the water line will be necessary prior to the occupancies of the building in Phase I and street and drainage improvements will be f evaluated during Phase II. During the Commission public hearing, a representative from the railroad addressed the Commission on the safety of the school located on property abutting the railroad. The Commission recommended a condition for a screening device to be erected along the west side of the property. The petitioner and staff have some questions regarding the screening device, including the fact that the proposed screening device is in a drainage area. Staff will provide additional { information at the meeting. f BACKGROUND: In 1987, Liberty Christian School received a specific use permit for a j private school on the adjacent property to the south. j PROGRAMS. OENARTM`NTS OR GROLPS AFFECTED: i Five (5) property owners were notified. FISCAL IMPACT: No impact has been determined at this time. One future cost might be the improvement to Bonnie Brae Street if Liberty Christian School and Jane Marshall School do not install perimeter street improvements. *oydarrel y submitt Prepared by: il ~ r Cec a arson Urban Planner Approved: AFH* .b s Executive Director for Planning and OevelopTent I PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL 6 ' To: Denton City Council Case No.: Z-68-002 Meeting Date: April 19, 1988 1 GENERAL INFORMATION 3 r _ Applicant: Metroplex Engineering Corporation 1123 Fort Worth Drive Denton, TX 76205 Status of Applicant: Engineer Requested Action: Approval of a specific use permit in an Agricultural District for the development of the Jane Marshall School and Evaluation Center includ- ing an administration building, classrooms, gy•nasium, cafeteria, E and playground. Location and Size: A 4.33 acne tract located on Bonnie Brae Street approximately 1,35U feet i south of the intersection of Bonnie Brae Street and Airport Road. y Surrounding Land Use w and Zoning: North - Agricultural (A); vacant South - Agricultural (A); Specific Use Permit for Liberty d Christian School P East - Multi-family-2 (MF-2 NTSU Golf Course West - Agricultural (A); vacant, I-35 W, and Santa Fe Railroad Denton Development Guide: Low Intensity Area t SPECIAL INFORMATION i Transportation: The property has frontage on Bonnie brae Street, a primary major arterial, A sidewalk and perimeter street paving will be required. The improvements will be required with Phase II. a i (Case Z-bb-002) Page Two SPECIAL INFOkkATIUN (continued) i 6 i Utilities: Fire flow is not adequate for this site. An 8" water line is required to be extended from the existing b" water line in Bonnie Brae Street north to connect with a 16" water line along Airport Road, a 15" i sanitary sewer line is available. Electric service is available. Drainage: The western portion of this property is located in a flood hazard area (Area X). Drainage improvements should be coordinated with improve- ments on Liberty Christian School site. A concrete channel is required across the rear of the property. Improvements must be done with Phase II. i HISTORY j In October of 19739 the City approved two specific use permits { f on a two acre tract south of this property for operation of a day care center and private swim club. The recreational center site for the sf'Jth had been annexed as legal non-conforming land 1 s use. In 1987, staff discovered that a private school was operating on the property to the south which had not been ' approved. The City approved a specific use permit to allow li Liberty Christian School to operate on the 8.844 acre tract to the south. ( i ANALYSIS The property is located in a low intensity area (Area 5U) which is 17% over the standard based on existing land uses and 78% over based cn current zoning. However, the predominate land use is single family (SF-7) and the NTSU Golf Course. P I ' 1 (Case Z-88-002) Page Three ANALYSIS (continued) In cases where a disproportionate share of intensity has been allocated, the policy of the City is to determine the least intense, most logical land use. The proposed school and evaluation center would generate approximately 65 trips per day per gross acre which is slightly above the current standard of 75 trips per day per gross acre. In accordance with Article 10 of Appendix B of the Code of Ordinances, Zoning Ordinance, the following conditions have been reviewed: 1. Compatible with adjacent land use. As mentioned previously, nproperty to the south is zone for a private school and the property to the east is used for a golf course. In addition, several residences are located south of Liberty Christian School. Because of the nature of the operation of the Jane Marshall School and Evaluation Center, staff feels that approval of the specific use permit would not "diminish I or impair property values within the immediate vicinity". 1 2. im eoe normal and orderl develo ment. Development of this s to would mprove the fireow n this area. Increased activity could lead to other developments in this area. 3. Public facility availability. Improvements to utilities, water ne, roads, and drainage will be necessary. Bonnie Brae Street is in fair to poor condition and perimeter street improvements wiil be required. Drainage improvements could prove to be difficult in Phase II and Phase III of this development. 4. Vehicular and pedestrian access. line driveway on Bonnie 8rae Street Is proposed. A 2 fire lane around the perimeter of the lot will provide access to all buildings. Interior walkways provide for pedestrian traffic. 5. Nuisance prevention. Prevention measures to control "odor, fumes, dust, no se, ana vibration" will not be necessary. 6. Effect of lighting. Limited outdoor lighting is proposed; therefore, no property owners should be adversely affected. 7. Landscaping aria Screening. Screening does not appear to be necessary on this property. The football field for Liberty Christian School abuts the property on the south and no development or structures exist on the property to the east, west and north, All areas excluding the fire lane, parking lots, and buildings or playgro+no shall be landscaped with trees, ground cove:, grass or other types of landscaping. s (Case Z-88-002) j Page Four 1 9 kECOMMENCATION I The Planning and Zoning Commission, at its meeting of March 23, 1988, recommenden approval )f the specific use permit by a vote of 5-1. Conditions are outlined in the attached document. ALTERNATIVES f 1 1. Approve petition 2. Approve petition with additional conditions f 3. Deny petition I i 1 } ATTACHMENTS r j 5 1. Conditions 2. Location Map 3. Site Plan k 4. Ordinance 87-192 (SUP for Liberty Christian School) 5. Reply Form Totals 6. Mailing List { 7. Minutes of the Planning and Zoning Commission meeting of March 23, 1988 ~ j 6 S l f 1 iJ j l f f 2060) t 1 it f f CONDITIONS 1. Property may be utilized for the following purposes: priva'_e school, special education center, playground 1 and boll fields. 2. The following buildings shall be permitted: f 1 Phase I - Administration Building: Maximum, 41000 square feet Maximum number of classrooms, 6 Maximum height, two stories a 1 Phase II - Classroom Building: 11 Maximum, 12,000 square feet maximum number of classrooms, 22 f Maximum height, one story Phase III - Gymnasium: I Maximum, 8,500 square feet 4g: ; Maximum height, one story cafeteria: Maximum, 4,500 square feet maximum height, one story 1 3. During Phase III the administration building may be redesigned or constructed in accordance with the site 7 plan. 4. Maximum number of classrooms permitted - 22. 5. Parking spaces and fire lane shall be provided as follows: j i, Phase i - 16 spaces and fire lane shown around administration building Phase ii - 32 spaces and fire lane as shown in Phases II and III ; 6. Two ground signs shall be permitted in the location shown ` on the site plan. The signs shall have a maximum height ' of 52" and width of 72". 7. The fire lane provided in Phase I between the administration h.; building and the classroom building may be removed as a part of Phase III and curbing shall be installed in the location indicated on the site plan. S. Perimeter street paving and sidewalks will be required with any development in Phase II or the Cit; Engineer may recom- mend an escrow agreement for the improvements at the time I of approval of the final plat for Phase II. 9. A screening device shall be constructed during Phase I along the western edge of the proposed parking lot and extending to the property line, as shown on the site plan. 2063] i 1 l~ Z-88°002 JANE MARSHALL SCHOOL MOAT" n IM I ~ aQQ~ AIRPORT ROAD SITE I , ■ I j I Ij / I r E r' r AFRICULTLFE 1040 e1ew ...r.rr a I / • pt~ 1 a ~ O 1 MUSE U.. PRAISE I I' u."i Tars 704" pious O°O 1 Ir PAM LIN i1 A RMT 1Y0 a vast" 11O0Y vrAn Lbe v - _r w ar r 1.1 la0 I1O01v1 /IK Mo1M11 JJj3[ r~ialrlO r~ I I =~i/ 1 w ~r 't "Ir 011 wOr IcG ' PAW 0~ fni+ ~ w Tr 1 UfRVa1 _ A --110010 r am use R/q !b!D 1 P084" N. no W • r Foram fm Mf1111vI /O,1 M ~ r Y1RL0 waf w ~ 1-114 2trKD I r =-ten" r rfa LIN o • 0CT1IV0 TMS O S j1 wn ww V:cs= P SCREENING DEVICE. R VE" r ~ Manor 1937L NO - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL, SWIM CLUB, AND DAY CARE CENTER, - AS SAI PT APPLIES T 8.8 OF LAND A' BONNIEDBRAEMSTREET; PROVIDING FOREA PENALTY INCTHEDMAXIMUMOAMOUNT OF $2000.00 VIOLATIONS THEREFOR; AND PROVIDING FOR AN { EFFECTIVE ? THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That, pursuant to article 10 of Appendix B-Zoning of t e o e of Ordinances, a specific use permit for a private l swim club, "Ycare center e ishereby as isr the located at 1500 South Bonnie property more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. SECTION II. That the property shall be developed, used, and mainta ne n accordance with the site plan shown in Exhibit "B", attached hereto and incorporated herein by reference, subject to the following conditions: i 1. The area shown on the site plan as an "existing gravel parking lot" shall be paved by September 1, 1998. The paving shall be of asphalt or concrete, and shall be constructed in accordance with City specifications. property Marshall and i removed utilized fromf the the 1 ' 721 e portable vacated building School must b within two years of the effective date of this ordinance. The three 10 X 60' portable buildings currently utilized for i ' elementary school wclass.rooms must be vacated ccupancymofo' fthe the proper, tty y permanent elementary classroom building is issued. 4. The edtba"aeffective datedofethisnordinancegy signs must be posost Y the 5. The future fire arking area must ofns octalled Efor any issuance of any building on the property. 6. The day care center shall be limited to a maximum of ten (10) children. 7. That after the effective date of this ordinance, n building ( permits, other than for the 24 X 71 portable r referred to in paragraph two, above, shall be~~issued until and ( unless all the property shown in Exhibit B is Pl I the approved plaimprovements and the for, of athe Code of Ordinances. i t ti 8. The driveway to the one story frame building must be closed by September 1, 1988. SECTION III. The Zoning Map of the City of Denton, Texas, 3 adopt`ea=ee Toth day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, as amended, is hereby amended to show such permitted use, subject to the above conditions and specifications. i SECTION IV. That the City Council of the City of Denton, i Texas, ere y nds that such change is in accordance with a com- prehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things, for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, snd encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. i SECTION V. Any person who shall violate a provision of this j ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars (;29000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V1. That this ordinance shall become effective fourteen ff"ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this theaC1_ day of1987. AX" , IMYOK ` ATTEST: ' 1ANETARY T OVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: h i 1 r S' A I 1 EXHIBIT "A" 87.0319.3 FIELD NOTES i All that certain tract or parcel of land that is situated in the 0. S. Brewster Survey, Abstract Number 56, Denton County, Texas being the tract described in the deed from Joe Reed Abbey to Liberty Full Gospel Church, as recorded in Volume 1764 Page 79 of the Deed Records Denton County, Texas and being more fully described as follows: Beginning at the northeast corner of the 0. S. Brewster Survey, Abstract Number 56; 1 Thence South 01 degrees 09 minutes and 48 seconds East along and near the center 1 ` line of Bonnie Brae and the east boundary line of the said Brewster Survey a j distance of 331.60 feet to an Iron pin; Thence South 89 degrees 00 minutes and 22 seconds West a distance of 605.94 feet to an iron pin in the east right-of-way of the A. T. and S. F. R. R.; Thence North 16 degrees 17 minutes and 24 seconds West along said R. R. right-of- way a distance of isms feet to an Iron pin; Thence North 24 degrees 56 minutes and 32 seconds West along said R. R. right-of• way a distance of 166.00 feet to an Iron pin; Thence North 16 degrees 17 minutes and 24 seconds West along said R. R. right•fo• way to its intersection with the north boundary line of said Brewster Survey a distance of 5.00 feet to an iron pin; Thence north 89 degrees 28 minulcs and 59 seconds East along said north boundary line of Brewster Survey and the south boundary line c: the E, Puchalski Survey, Abstract Number 996 to the northwest corner of the A. Tompkins Survey, Abstract Number 1246 on or near the center line of said Bonnie Brae a distance of 72313 feet to the Point of Beginning and containing 5.084 acres of land, PAGE 1 of 4 I Y 4 EXHIBIT "A" i i f 87.0319.3 I FIELD NOTES All that certain lot, tract, or parcel of land situated in Denton County, Texas in the O. S. Brewster Survey, Abstract Number 56 and being a tract described in deed to Liberty Full Gospel Church as recorded In Volume 1699 Page 687 of the Deed F Records of Denton County, Texas and being more particularly described as follows Beginning at the most southerly southeast corner of Stoneleigh Addition, as recorded in Cabinet D Page 17 Plat Records Denton County, Texas; Thence South 00 degrees 23 minutes 10 seconds East a distance of 20.0 feet to an iron pin set; Thence North 89 degrees SS minutes 38 seconds West a distance of 130.0 feet to an Iron pin set; Thence North 00 degrees 23 minutes 10 seconds West a distance of 20.0 feet to an ' iron pin set in the south line of said Stoneleigh Addition; Thence South 89 degrees $5 minutes 38 seconds East with the south line of said Stoneleigh Addition 150.0 feet to the Point of Beginning and containing 3,000 square feet of land. i I f PAGE 2 OF q E I J I I ~ k i 'EXHIBIT-".A" l i j FIELD NOTES Survey, tAcertain 3.691 Acre tract Or Parcel Of land bstract Number 56, Denton County, Texas and being the tract descBribedtin E deed to Liberty Full Gospel Church as recorded In Volurre 1416 Page 956 of the E Deed Records, Denton County, Texas and being more particularly described as follows; Beginning for the northeast corner of the herein described tract at an iron pin set on the center tine of Bonnie Brae Street at it point North 89 degrees 47 minutes 12 seconds East 27.8 feet from the northeast corner of said 2.105 acre tract, as described In deed to Donal H. Stone as recorded In Volume 1187 Pose 568 Deed E Records of Denton County, Texas, t Thence South 00 degrees 23 minutes 10 seconds East with the center line of Bonnie I Brae Street 233.56 feet to in iron pin set as recorded In Volume 1200 Pole 266 Deed Records of Denton County, Texas at a point 26.97 feet west of the southeast corner of Tract 3, as described in deed from Abbey to Slone as recorded In Volume 1200 Page 266 Deed Records Denton County, Texas; Thence South 89 degrees 36 minutes 50 seconds West with the south line of said Tract 3 a distance of 175.00 feet to an iron pin set at the southwest corner of said Tract 3; Thence South 00 degrees 23 minutes t0 seconds East and passing at 5.25 feet to southerly southeast corner of said 2.105 acre tract also being the northeast corner of tract described In deed from Reaves to Stone as recorded in Volume 1247 Page 87 and continuing a total distance of 95.25 feet to in Iron pin set at the southeast corner of said Reaves to Stone tract; Thence North 89 degrees SS minutes 38 seconds West with the south line of said Reaves to Stone tract 275.0 feet to an iron pin set at Its southwest corner; Thence North 00 degrees 23 minutes 10 seconds Well with the west line of said Reaves to Stone tract 90.0 feet to an iron pin set in the south line of said 2.105 acre tract; PAGE 3 of 4 I I I` I EXHIBIT "A" i i Thence North 89 degrees 33 minutes 38 seconds West with the south line of sold 2.103 acre tract and passing its southwest corner at 19.56 feet also being the southeast corner of Tract 1 of the said A;bey to Stone tract and continuing with the } south line of sold Tract 1 a total distance of 91.74 feet to an Iron pin set in the f easterly right-of-way of the A. T. and S. F. Railroad; Thence North 15 degrees 34 minutes 36 seconds West with said right-of-way 246.31 feet to an iron pin set at the northwest corner of said Tract 1; Thence North 89 degrees 47 minutes 12 seconds East a distance of 606.27 feet to the Point of Beginning. f~ I 1 I 'I s f I { I j j i I i PAGE 4 of 4 { F, I k ti EXHIBIT "B" I I -rr~r 1 f i ❑ ❑ I /4 Ililllllll ~flllllllllllll I - - - ~11Y1/l NY YI M I _ Y MWWNy +My\ MI q + yWy • Y~Y r~+ N{Y J1 I I ~ 1 I F i J I WIN ~r - 733rSa' ° rv %u mOe. 0w Irv o+Iiri ACAS S O~m?A T" 'JII~otr rM~7 NM.~ wry 1 ,I I I - - PROPERTY OWNER REPLY FORMS CITY COUNCIL y 2-88-002 9 N 1 IN FAVOR IN OPPOSITION UNDECIDED ; Rodney Haire None Received a Liberty school 1500 South Bonnie Brae Denton, TX Carolyn Wilson I university of North Texas P.O. Box 13763 Denton, T`. Newton Rayzor 1204 W. University Denton, TX k t i 1 li i i 4 j f i Y 1 kx f e nAR5HALA► 150- 00L► I" b611ANc7 use -rKAGr~a vcrt c~ /~1'• ~ 4 5G ~j' ~S► q°I fo , Nc%lU - 110a-4`0410-1-24h4. IF-*SF tX-AWP y 1'AY*M lt0~} IV. ~lNIVl~t~'i~ ~ . x{05 'viJto N , "Tx . wo Zo i i ',~Otd'fN 2 TY~'h •bGIG~~ru1 ~a : l-i~61ef't ~„tw L~o5PG1r GH~1RL4} E 164po *t4 NIA owe •~mN -rx . Zo2o y YZot' - Nor4J1 !ems 5424 Uoivemsd-~ &(CLoF cou asp G/a ~oH~? I~I~RoV1~ ~a. fox l3'1f~? ~ u tir~vrti f vem~OA T'x 7(oto3 loo Ro~v. la,G ~t FE 4R• Sa n fc F /3/~ 900 Do r K st, A•~~ y~, i/e , "~7x ~ r ro huh' 1 ~v Ca+ ~tiis lOC~~an~ Iid"fg?k No ► 35 %v, 13oo F~ 1 f• ?o - 400, pG~ ~e n T~ G a o a- j7 Me /0"•`// E"9• i r 1 I N Pkz Minutes March 23, 1988 Page 3 DRAF via 111. PUBLIC HEARINGS Mr. Holt said that he had a conflict of interest and left the I meeting. A. Z-8B-002. Petition of Metroplex Engineer Ing Corporation, representing keele-Alvarez, Inc., requesting approval of a specific use permit on A.33 acres in an Agricultural zoning district. The specific use permit, if approved, would permit the development of the Jane Marshall School ii and Evaluation Center including an administration build- ing, classrooms, gymnasium, cafeteria, and playground. The property is located on the west side of Bonnie Brae Street, approximately 1,350 feet south of the intersection of Airport Road and Bonnie Brae Street, and is core fully described as being In the Eugene Puchalski Survey, Abstract 996. Five notices were mailed to property owners within 200 feet; two reply forms were received in favor, none were received in opposition. STAFF REPORT. Ms. Carson stated that the area in question sTTn i Sow intensity area which is 17 percent over the standard based on existing land use and 78 percent over the standard based on current zoning. The predominant land use is single family residential and the reason for being over the intensity standard is because there is ■ significant amount of commercial/retell along 1.35. She said that where a disproportionate shale of intensity his been granted previously, the policy of the City is to determine the least intense, most logical land use. Ms. Carson explained that there are a number of items that staff looks at, In particular in conjunction with Article 10 of the Zoning rrdinance. Included among these items are: 1. Compatible with adjacent land use. The property to t e- soutF-i"s zoned`fat a pp to school and the prop- erty to the east is used for a golf course. In addi- tion, several residences are located south of Liberty Christian School. There would be a concentration of two private schools in ores but because of the con- figuration of the propety and because of the nature of the operation of the Jane Marshall School and Evaluation Center, staff feels that approval of the specific use permit would not have a significant impact on the residences, 2, Impede normal and ordcrl~devel_opwent. There is a F7re flow pro em in ine vrea rTc would require the extension of a water line, to Airport Road. A sanitary sewer line is available and adequate. Perimeter street improvements are being required in Phase 11 of development or they may be escrowed. A drain aya study will be required and drainage improvements will be necessary during Pbase s It and III and should be coordinated with Liberty School property and the Raynor property to the north. There will be problems In using the western portion of property as it is In a flood hazard area but It can be used as playground area and parking lots. 3. Public facility availability, Improvements to uutr C esf 1IR r ne~TC roads, and drainage will be necessary. 1 i f ~ PU Minutes March 23, 1988 Page 4 i 4. Vehicular and_pede_strlan access. One driveway on ion 61e roe treat is permitted. A 24" fire lane around the perimeter of the lot will provide access to all buildlni•. Interior walkways provide for pedestrian traffic. S. Nuisance revention. Prevention measures to control 0 or, LLIDea, ust- noise, and vibration" will not be necessary. 1. Effect of 1F Limited outdoor lighting is proposed; e--FiEore, no property owners shouli be adversely affected. 7, Landscap_i_ng and Scree_ning. Screening does not appear t`o3e' necessary on TRY, property. The football field for Liberty Chtistlan School abuts the property on the #t s 'h and no development or structures exist on the pr~pcrty to the east, vest and north. All areas excluding the fire lane, forking lots, and buildings or playground shall be landscaped with trees, vround cover, grass or other types of landscaping. PETITIONER. Bud Hauptman, Metroplex Englneerinq Corpora- ` [ on, a p-Tained the drainage conditions along with the relationship between the railroad right-of-way and the 1-35 right-of-way. He said that everything on the I-]S right-of-way is In the form of a slope down to this prop- erty and at the present time some of drainage in the high- way right-ol way goes on down, crosses under tkt railroad tracks and goes back to the west. At the time of Phase lI, this drainage problem will have to be addressed and a study performed that is acceptable to FEMA in order to reselvn the problems with drainage and attempt to channellze water and take care of it as far a that property is concerned plus property to the north. At the present time, the waterline stops stout 100 feet south of the south line of the Jane Marshall School. This waterline would have to be connected slid fire hydrants installed. ';case I would con- sist of an existing building to be assembled on a slab to be provided to he used as administration office and also serve at six classrooms. Phase Il would consist of a new i classroom building and the administration building would function as administration offics only and would remain until Phase III and possibly beyond. The fire lane shown on west side would be constructed with Phase I and would remain until the existing building is removed and a new builaing built which would have ;,sprinkler system in- stalled, at :hich tlme the fire lane would no lcnger be required and would be abandoned. An additional fire lane and parking would by constructed with Phase 11 so that Phase Ill will simply he the gymnasium and cafeteria. Mrs. Riker asked if Mr. Hsupt+aan would 1'. more explicit about his plans for drainage. Mr. Hauptman v id that there are no formal plans at this time. He said the fact ` snot part of this property is in a flood sane does not f` Impact this Phase I use and city staff agreed they would not have to address the issue at this time. He said that a study will have to be done in coordination with Liberty ~a School property and the Raytor property to north and t;e I problem will have to be addressed beftre Phase It is begun. IN FAVOR. Ronny Phillips, president of the Board of Tiustees of the Jane Marshall School, stated that the school has betn operating since 19a4, it is a non-profit organization and serves students with learning disabili- ties. The pudic schools cannot provide the low teacher/ student ratio of six to s:ven student% per teacher that 1 t I l F' L I i P4Z Minutes March 23, 1988 Page S the Jane Marshall School can. On question, he sale their el on gro wlism enton lots e 2 d4 to 31 students. He as that the build- a d by a bank !n Dallas and the property was donated by Newton Rayzor for this use, Mrs. Brock asked if they had any sfecific plans for devel- opsent schedule for Phases ll or Ill. Mr. Phillips said that there are no timing pions and that it depends on the projected enrollment growth as well as the capital fund, j Mrs. Brock asked what the total enrollment would be once Phase Ill wus lmplrmented. Mr. Phillips stated that it would be In the rr;ge of SO students, At the present oftte,hthey are working and w playground. School he o added for ththe at hee anticipated Phase 11 not to start for three to four years, bet that It was just speculation cn his part. Brlan Billfold, representing the students and parents at tha school, stated that he has a dou Ater, 7 years, attend. ing the second grade at Jane Marshall School, he stated that the school has a lower teacher/student ratio so that the teachers can spend extra time with the students, He k said this school Is very Important to the cuaaunity and to North Teras as there is not another school like it ! north of Dallas, Paul haygood, pastor of the Life Tabernacle Church, said they own property across the Self course, he said he has been in the neighborhood for 14 years and feels that the k school would not only help the students, but would also he good for the comaunlty In the area of growth, he said meabers of his church have children attending the Jane Marshall School, pp OD11'i3l?oad with noffices eat'140lrJones iStreet, SFt. horth, stated tnst he is in opposition to the site, not the builtlon thisasitehaccessesothe concerned because oad uon the northwest corner and the railroad track is an attractive playground a fencedortsomeykindioflrestricted paccess to rail r0ad gtrack be required. He further stated they are cuncerned about safety as the railroad carries hazardous material on that track, that it may also be a noise hazard, that buses do cross this track to arrive at the school. He said he felt the issue on drainage should be addressed prior to con- struction, that waiting until Phase 111 may be too late, They are concerned that water runoff could damage their right-of-way as well as 1-35, Mrs. Brock asked how many trains go by the area every day, Mr, Colbert said there are four trains dolly at the present time, two during the day and two at night, However they have no set schedule, RECOMMENDATION, Ms, Carson said that the drainage requ remen s would be evaluated during Phase 11, which will be the first actual construttlon on the site. She said a study will be required and once it is done a con- crete channel may be necessary. She sold that staff feels the actual site of the building in Phase 1 would not Impact the drainage and would not be a problem as it 11 not In the flood area, She added that staff feels o buffer zone is crewted by the floodway between proposed uses and the rail- road track and does not feel the railroad is a hazard to this location. Staff recommends approval for the site with the followinJ conditions: r' a Phi Minutes rarch 25, 1980 Page 6 1. Property may be utilized for the following purposes: private school, special education center, playground and ball fields. 2. the following buildings shall be permitted; Phase I • Administration Buildings kaximum, 4,000 square feet Maximum number of classrooms, 6 Maximum height, two stories ! Phase II • Classroom Building; kaximus, 12,000 square feet Maximum number of classrooms, 22 Maximum height, one story Phase I I I • Gymnasium) Maximum, 8,500 square feet Maximum height, one story • Cafeteria: Maximum. s story k Maximumheight,one r t 3, fiuring Phase III the administration building may be E redesigned or constructed In accordance with the site plan. 4. Maximum number of classrooms permitted - 22. S. Parking spaces and fire lone shall be provided as follows: Phase I • 16 spaces and fire lane shown around administration building Phase It - 52 spaces and fire lane as shown in Phases f1 and Ill 6. Two ground signs shall be permitted in the location shown on the site plan. the signs shall have a maximum height of S2" and width of 72". 7. The fire lane provided Ii, Phase I between the adminl- } stratlon bullding and the classroom building may be removed as a part of Phase III and curbing shall be installed in the location Indicated an the site plan. I . 8. Perimeter street paving and sidewalks will be required with any development in Phase 11 or the City Engineer may recommend an escrow agreement for the improvements at the time of approval of the final plat for Phase II. Ms. Brock asked about sidewalks in Phase I, ks. Carson said that sidewalks are typically Installed at time of street paving which will be required during Phase 11. She said staff felt sidewalks could be delayed as no students will be walking to this site, Mrs. Brock asked If there weren't requirements for fencing anywhere in the conditions. Ms. Carson stated that the staff did not evaluate a need in requiring one at this time, Staff assumes that some type of fencing will be done around the playground at time it is designed. Also, fencing was not considered along southern edge as there is a great distance to railroad tracks. Mrs. Brock asked it there were any plans to handle the traffic problems at the intersection of Bonnie Brae and Airport Road, Mr. Clark said there are no real plans to modify IM 1515, that it would take state approval and one I Ik 1 i R k r P4Z Minutes March 2$, 1988 Page 7 of the problems Is any plans would involve a bridge which is expensive. he said there ;s not enough vehicle traffic, except at peak times, to justify a signs l at the present time. RFBUTTAL, Mr, Hauptman sold that at the present time all warmer coming down Eonnie Brie from the north is passing through the culverts along Bonnie Brae. He sold there is a low water crossing it railroad right-of-way and even, tually all water gets to that right-of-way and goes under railroad right•of-way, he said when the drainage study is done they may have to enlarge those culverts. Chairman Claiborne asked the ages of the children at Jane Marshall School, Mr. Hauptman said that they were between S - 14 years. Choir declared the public hearing closed, DECISION. Mrs. Riker stated that she had only two real concerns: 1) The sire of Bonnie brat does not handle i n traffic well at any time of day and this use would add traffic; and 2) Some kind of barrier or fencing or screening should be required. Mrs, Brock stated that she feels the school is very i valuable to the community end it is a use that she would r like to encourage. She said, however, there are some real problems with the site as fee as drainage is concerned, also the road conditions are extremely poor, The railroad j is a major concern as she thinks the children In this age group would find this in attractive nuisance, She said f she would not .+ant to vote for it without some type of O-ild proof barrier against that railroad track; she understands the concerns of Santa Fe people because of their liability, Mr. Claiborne agreed but stated there is no such thing as a child proof barrier, he paid he didn't remember any barriers being required with the Liberty School. Ms, Carson stated that there were no conditions with the Liberty School specific use permit. Mr. Glasscock agreed that a bottler would be apppropriate from a safety standpoint, but felt that with the teacher/ student ratio low, there would be more supervision on the pplayground , He said he didn't know what other use could be made of the property. Me also felt that something s should be done with Bonnie Brae, as the road conditions are very port, Mr. Glasscock moved to recommend approval of Z•88.002 with the conditions outlined by staff. Mr. Claiborne seconded the motion, Hr. Ramman asked when the proper time was to address the Issue of the fencing. Chairman Claiborne said that an amendment to the motion Is in order, Mr. Rieman said that a fence or some kind of screening would partially take care of one of the problems, he moved to amend the motion to add a screening device along the western edge of the parking lot extending to the prop- erty line. Mr, Claiborne secohted tho amendment, Mr. Clark advised that Federal Regulc tons would not allow a fence to be pus up on o floodwa,, but that it would be okay slong the p+rking lot. i I! i M / 1 9 Pit Minutes March 23, 1988 ' Page 8 I Mrs. Brock commented that installing a fence along the I parking lot would leave the children with little or no playground. Voto was called on the amendment: Motion carried 5•1, (Mrs. Brock voted no.) Vote was called on the original motion, with ameniment, which is to recommend approval subject to the following conditions: { 1. Property may be utilited for the following purposes: private school, special education center, playground and ball fields. 2. The following buildings shall be permitted: Phase I • Administration Building: Maximum, 1,000 T are feet Maximum number of classtrnns, b E Maximum height, two stos,e% a Phase 11 • Classroom Building: Maximum, 12,000 square eet Maximum number of classrooms, 22 Maximum height, one story Phase 112 • G>mnasium: MIX Imum, 8,500 square feet maximum height, one story Wet erisi I Maximum, 4,S00 square feet Maximum helf!t, one story 3, Lurlna Phase III the administration building may be redesigned or constructed In accordance with the site plan. i 1. Maximum number of classrooms permitted • 22, S. Parking spaces and fire lone shall be provided as follows: Phase I • 16 spaces and fire lane shown around admini_ ration building Phase At • 32 spaces and tire lane as shown in Phases II and I I I 6, Two ground signs shall be permitted in the location shown on the site pplan. the signs shall have a maximum height of S3" and width of 72°, 7, The fire lane provided in Phase 1 between the admini- stration building and the classroom building may be removed as a part of Phrase Ill and curbing shall be Installed in the location indicated on the site plan. b. Perimeter street paving and sidewalks will be required with any development In Phase II or the City balineer may rec~smend an escrow a reement for the improvements at the time of approval of the final plat for Phase 21, 9, A screenin device shall be constructed, during Phase 1, along the western edge of the proposed parking lot and extending to the property line, as shown on the site plan, Motion carried S•l. (Mrs. Brock voted no.) . 1 ~ 1 w f 1 J 7+ 4 e f i ti i I ~ I { I I i p e I I S A S I~ I~ ` 1 i z R 2297L I NO. t AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTIVG A SPECIFIC F USE. PERMIT FOR A PRIVATE SCHOOL, AS SAID PERMIT APPLIES TO 4.33 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 1,350 FEET SOUTH OF THE INTERSECTION OF BONNIE BRAE PROVIDING MAXIMUM STREET AND 1FOR ;VIOLPROVIDING AN AT VIOLATIONS THEREOF; ANDPENALTY i AMOUNT OF OF $20000.00 EFFECTIVE DATE. ' i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: That, pursuant to provisions of article 10 of k SECTION I. Appen x B-Zoning of the Code of Ordinances, a specific use permit fcr a private school is granted for the 4.33 acres of land i located on the west side of Bonnie Brae Street, approximately k 1 1 350 feet south of the intersection of Bonnie Brae Street and Airport Road, as is more particularly described in Exhibit "A", ` d hereto and incorporated herein by reference. attache II SECTION II. That the property shell be developed, used, and maint`aine in accordance with the site plan shown in Exhibit "B", attached hereto and incorporated herein by reference, and such , development and use shall be subject to the following conditions: 1. Permitted Uses. The property shall be utilized for a 1 private school. i 2. Building Regulations. 4 a. The administration building shown for Phase I shell have a maximum of 4,000 square feet of flour area and shall be no more than two stories in height. b. The classroom building proposed for Phase II shall have a maximum of 12,000 square feet of floor area and shell be no more then one story in height. C4 The gymnasium building proposed for Phase III shall have a maximum of 8,500 square feet of floor area and shall be no more than one story in height. d. The cafeteria building proposed for Phase III shall have a maximum of 4,500 square feet of floor area and shall be no more than one story in height. i E e, No more than twenty-two classrroms shall be located upon the property at any one time. 3. Parking Spaces and Fire Lanes. a, The development of Phase I shall be accompanied by the installation of sixteen (16) parking spaces and a fire lane, constructed in accordance with City specifi- cations, and located as shown on the attached site plan. b. The development of Phase II shall be accompanied by the installation of thirty-two (J2) parking spaces and a fire lane as shown in Phase II and Phase III, constructed in accordance with Cicy specifications, and located as shown on the attached site plan. Upon completion of the fire lane, that portion of the fire lane between the administration and classroom buildings may be removed, as shown on the attached site plan. i i 4, Signs. Only two ground signs, of a maximum height of fiftyy-two fiches (52") and a maximum width of seventy-two inches (72"), shall be erected or maintained on the property, which shall be located as shown on the attached site plan. The sign regulations of Appendix B-Zoning shall govern the construction, use, and maintenance of all other signs located on the property, except as provided for herein. 5. Street and Sidewalk Re uirementa, Perimeter street improvements an sidewalk s s a e constructed along Bonnie Brae Street in conjunction with Phase II development, or, in lieu thereof, sufficient funds to make such improvements, in an amount determined by the City Engineer, may be placed in escrow until such time as either property on the same side of Bonnie Brae Street immediately adjacent to the school property is required to make perimeter street improvements to Bonnie Brae, at which time the perimeter street improvements and sidewalks for the school property shall be constructed. If within ten years of the date of this ordinance, no adjacent property is required to make perimeter street improvements, the escrowed funds shall be used to provide for the street and sidewalk improvements. 6. Screenin In conjunction with Phase I development, a scr%lning ev .:e shall be installed and thereafter maintained along the westcrn edge of the parking lot, as shown in the attadned site plan. Z-88.002/PAGE 2 I~ F i a i f i SECTION III, That the zoning Map of the City of Denton, Texas, adopte3`the 14th day of January, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No, 69-1, as amended, is hereby further amended to show such permitted use, l j SECTION IV. That the City Council of the City of Denton, Texas, ere y eterminea that the conditions of Appendix B-Zoning of the Code of Ordinances providing for the issuance of a specific use permit under specified conditions have been found to exist. SECTION V. Any person who shall violate a provision of this , j ordinance, or fails to comply therewith or with any of the requirements thereof, or of a ppermit or certificate issued there- under, shall be guilty of a -iedemeanor pljnishable by a fine not exceeding Two Thousand Dollars ($2,000)• Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is ' committed, or continued, and upon conviction of any such violation, such person shall be punished within the limits above, k SECTION VI. That this ordinance shall become effective fourteen days f.om the date of its passage and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PA13ED AND APPROVED this the day of , 1988. { z ATTEST: E TE NIPER WALTER9$ CITY M APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~ WLJ 2.88-002/PACE 3 i k; k. f EXHIBIT "A" r e f TIlAT RAYZOR INYESTHENTS, LTD., a To to partnership of the County of Denton, has Crested and Conveyed, and by theme presents do Cunt and Convey unto the said I Keale-A.lvarec, inc., dbs JANE MARSHALL SCHOOL, a Taxes non-profit organization, ! of the County of Denton, State of Texas, all that certain tract of land situated f in the Eugene Puchalskl Survey, Abstract 996 in the City and County of Denton, i Texas and being a part of the called 17.254 acre Tta^.t Six described in the Exchange Deed between Eugenia Porter Raytor and Jose Newton Raytor at el recorded ln'Voluma0715OPags"1121of the Deed Records of Denton County, Texas as recognized and occupied on the groundl the subject tract being more particularly described ea follows$ BEGINNING for the Southeast Cotner of the tract being described herein ac an iron rod found in Bonnie Brae Street at the Northeast Cotner of the tract described in the Deed from Joe Reed Abbey to Liberty Full Gospel Church recorded in Volv+fia '1746,"Page-813of the sold Deed Records and called to be the Northeast Corner of 1 the O.S. Brewster Survey, Abcttact 561 TIIENCE North 69 Degrees 15 minutes 45 seconds Nest along the general course of ' and old fence line and the.occupled South line of the Raytor Tract a distance of 723.4 feet to a paint for a corner in the Easterly right-of-way of the CC and SF Railroad, 50 feet ftom the center line of the tracks and being 1.0 foot East of an iron rod found at a cross-tie lance corner post! THENCE North 15 Degrees 03 Mintteo 18 Seconds West along the remains of a fence and with the said Easterly right-of-way, 50 fast from and parallel with the center line of the tracks, a distance of 206.5 feet to its intersection with the Easterly right-of-way of Interstate Highway 35 West, concrete monument found near a fence j poet at the end of the said fencel THENCE North 21 Degrees 22 Minutes 20 Seconds East with the Easterly right-of-way of Interstate Highway 35 west a distance of 54,8 feet to an iron rod set for the Northwest Corner of the herein desctibed tract) i THENCE South 89 Degrees 15 Minutes 45 Seconds East 250 feet from and parallel with the South Situ of the Raytor Tract, crossing a small crook and passing at 728.8 feet an iron rod set in the !list line of Bonnie Brae Street and continuing along the same cou a e, in all, a total distance of 158.3 feet to the Northwest Corner of the herein described tract in the occupied lest line of the Raytor Tract, a nail set in the middle of Bonnie Brae Street! . ` THENCE South 00 Degrees L6 Minutes 55 Seconds West along the middle of Bonnie ` Bros Street a distance of 250.0 feet to the PLACE Of BE01NNINO and enclosing 4.319 ecru of land. i i 3 R ' I Y~1111~W1f~~ 141111}Ih 1~11f11A•I~m RUSE N- PHASE t li 11• W~ lIK Iw 11Mai A1Y + mnr wrr ae*w w rrwul ~~i 1r 11111/10 1111 W~ 1111W3111 1 r n.r ~ '.y onnr ulrnwn ar o ~ _ ~ T • I ti 111111 M WT/1 LIK 1 ~ 1f CUY70Y Ir'E to" -pawn r to MWAW Wx 11w0~ 11' /r 1 1 0141r 11M1 j hi94 WHO t ' - eunA1 r Wwi us 6 lKINf 1 "M wom too vie Il 11v SCREENING DEVICE o/ IJ 1 14 I ~I 1 1. ~I i 7 1 1 11 1 i { a 1 , 1 i 5 4 JA ]"JA -I I I 1 i Www~ i N t DATE: 04/15/bb CITY COUNCIL REP08T FOkMiAI e 10: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager S'kJECT: PUBLIC FEARING AND ADOPTION OF PN CRDINAWE REpUIRIAG A SPECIFIC USE PERMIT FCk REMOTE CEF-STREET PARKING IN kESIULNfIAL ZONING DISTRICTS RECOMWWATION: Planning and Zoning Commission and Beautification 1 isk Force recom -no arprcval. !MMARY: I , The Zoning Ordinance currently permits construction of a parking lot on an adjacent tract of land, regardless of the zoning. The property may be used to meet requirements of Article 15 of the Zoning Ordinance or to provide additional parking. Neighborhood preservation and traffic safety considerations warrant the aooption of this ordinance. BACKGROUND: Several older neighborhoods that abut non-residential uses have been negatively impacted by the removal of residential structures and the construction of parking lots. Examples include the area adjacent to Denton Area Teachers Credit Union and Briscoe Tire Service. In addi- tien. tynf.cally, access on residential streets to business parking lots causes numerous safety problems. The intent of the ordinance Is not to e:lminate these lots, but impose a specific use permit in which screen- j ing and access questions could be adoressed. i PROGRAMS, DEPARTMENTS OR GROUPS AF ECTEO: t Business owners wishing to build remote off-street parking on residen- tially zoned land ano individuals involy W in the development process. FISCAL IMPACT: The fiscal impart involved to review the specific use permit would be off-set by imposing fees. i i Respect ly submitte L aft-elf i~repared by: City pager (.(G ( CO,h.2Cn L Cecile -Carson Urban Planner Wan, All b n Exe cutive Director for Planning and Uevelopnent f , i p Minutes Planning and Zoning Commission October 7, IVa7 Cityrof Denton, Texasfwaseheldnonnlgteanesdmy~nUCtobers),o1flB7,tat S:00 p.m., in the Council Chinber of the Municlpai Building. i Present: Bill Claiborne, Ruby Cole, Ivan Glasscock, Judd Holt, and Yilliu Amason Absent: Eullne Brock and fiche Riker Present from Sto fft Elttabeth Evans, Planning Administrator; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Jerry Clark, City Engineer; Lev Allison, Civil Engineer; j and Susan Mitchell, Secretary Chairman Bilk Claiborne called the meeting to order. + 1. MINUTES: It was moved by Ms. Cole, seconded by Mr. halt llll an unanimously a riled (S•D) to approve the minutes of the regular meeting of September IS, 1967, i 11. PUBLIC HEARINGS URUINAhCE AMENDING APPENDIX B•IONING OF THE CUUB OF THE to pear a ac a e n on, pmr In requ cements, ■n toning district use designation for ties j markets; providing for a sevtrabllity clause; providing fora penstty in the @allaus amount of $1,0u0.uu for violations thereof; and providing for an effective date, STAFF REPORTt Ms. Carson stated that this item was die- cussed at t e last study session and she would respond to 1 ' questions, She added that staff Is recommending approval. IN FAVURt None present, UPPUSED: None present. Chair declared public hearing closed, i DECISIONt Mr. Glasscock moved to recommend adoption of an or aance emending Appendix B•Ioning of the Code of the City of Denton, Texas to provide for a definition, parking requlreaents, and toning district use designation or flea eepenaltypinvthenmaximu■ amountbofisi,uou,tv iforoviolations thereof; and providing for an effective date, Seconded by Ms. Cole and action unanimously carried (S•6), 1. URDINANCE AMENDING AFFENUTA 1.20N1hG OF IHE CODE OF THE on or remo a o •streeiraerkfn {r a ton no c u s a- in the amount of =I,000.VO for viclatton~dth4 tof;aandnpro- vlding for an eI active date. cusse A'PORTs lilt study session and that this item wo is, questions. She added that staff Is recommending approval, IN FAVORt hone present. OPPOSED1 None present. Choir declared public hearing closed, orGenance @sendingsAppendix B Zoning ofmthe Code ofnthe an City of Denton, Texas to provide for a months classifies- tyInfthe amountoOf $21OOu,oorforaviolations geherec(i and providing for in effective date. Seconded by Ms. Cole and motion unanimously carried (S•D). i S4iy~l •2 e 12 Minutes September 23, 1987 Page 4 Ms, Lvans stated that the Farmers market could be included In the neat study session in regaras to Seasonal Sales, C•i SCUSSION OF PRU~CSED UKDIN NC1: to provide for relate o -street parkin g. STAFF R11CR1: Ms. Carson stated that this Item was re- erre o e beautification Task force who would Like Input from the Commission, She said in the early IvbUs there was a provision Included in the ronJng ordinance about remote parking. A business could have remote park- No within SUU feet of its site with permission from owner and upon receiving a declaration of restriction, this brought on the tearing down of single family residences for parking areas, She said that with a specific use permit the neighborhood could possibly be saved, the proposed lot could be reviewed for possible headli ht barriers, screening devices, and the encroachment into a neighborhood, 3r. Holt stated that he felt this was a good idea, D. DISCUSSIUN OF PKUPOSEU UNDtiAdCE to provide for paving regu at ans dr parking oIs, STAFF AhPURI! Ms. Carson stated that there are problems in t a poop a are only paving the number of parking spaces required tar a business and using the rest of trio property without paving, She sold that the Planning stall feels that the ordinance already states that the lot should be 9 Paved but this ordinance would clarify the Issue, Ms. Brock asked about screening. Ms. Carson stated that the landscape ordinance would provide for screening. Mr. bolt asked about parking on the dirt At a residence, j has Carson stated that there has been discussion in the past about a front yard parking ordinance, She amid that I the beautification task force will be discussing this at i the next meeting, She said the proposed ordinance states i it there is a concrete or asphalt drive then parking on ; the lawn will not be permitted. E. UISCuSSIOh Of kEVISED VARIANCE REGULA110 S. STAFF N1PCN1'I Mr, Morris stated that the memo pertains to ! concerns vo ced by the staff during the September v, Igor meeting. Ms. Carson stated that the City Council requosteo that this item be placed on the October b, lval study session agenda. She said that there are three areas at change since the September Y, Iv81 meeting, She said teat Section nil) the staff added the language of "Intent of any stsndaru or re- quirement of the code." In Section Alt) "snape, or any other unique condition or circumstance" was added. She said that Section 8 states more clearly that it the varI- ance meets tonal ttons 1, 2, and 3 the Lommisslon can impose conditions that would secure the purpr~f or Intent of the ordinance, ar. Claiborne stated that he was concerned about the Com- mission naving final authority on variances, he said that It tht commission had final authority he felt that the uom• mission would be aakint decisions that affected the future expenditure of public funds and that the appeal to Caunell allows the Individual to voice concerns to the elected representatives, keeting adjourned at DISO p.m. 1 i` f i r y 1 f I ~ i 1 I f f f ~ _ ~ 0931L rJ iGJ. e NO. AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF UENTON, TEXAS, TO PROVIDE FOR A ZONING CLASSIFICA- TION FOR REMOTE OFF-STREET PARKING: PROVIDING FOR A PENALTY IN 777 THE AMOUNT OF $1,000,00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. E THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That section D ("Utility, Accessory and Incidental Uses") of the schidule of uses of article 7 of Appendix. B•Zoning a is amended by repealing "Local Utility Distribution Lines (23)". SECTION II. That section D ("Utility, Accessory and Inci- Bd-entTl the by schedule adding Remote Off Street Parking p(64) as a new use, to read as follows: M1 t 1 Ins ❑S to s 1 M I 1 t p 1. M Ey~ ~GI t ► N TYPE USE aafda•a6~ D UTILITY, ACCESSORY AND INCIDENTAL USES ) Off Street (64) Remote Parking g S S g S S S S S t { r (Note to codifier: "Remote Off-Street Parking (64)" t, replace "Local Utility Distribution Lines (23)1) SECTION III. Any person who shall violate a provision of this or nance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued 4 thereunder, shall be guilty of a misdemeanor punishable by a fine 1 not exceeding Two Thousand Dollars ($1,000,00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective fourteen ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. e PASSED AND APPROVED this the day of , 1987, r f _ t RAY STEPHENS9 MAYOR i ATTEST: i HNNIFER WALTERS, T S R 3 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ` BY., t 1 j t s t• 3 1 1 ~t F r i j ~ i t 1 l 1 i ' r a F jj~ ;J i k 514 South Carroll, Apt 234 Denton, TX 76201 April 11, 1968 (817) 383-0353 Denton City Council 215 E. M.:kinney Denton, TX 76201 Subjects overcharge on account 00-000-245-0532-7 3 Dear Sirs: We stated in our letter to Mr. John McGrane on 2/29/88 that we had been overcharged for electric utilities. E Mr. McGrane's reply of 3/17/88 said that our bills were in I j line with the other apartments in our complex. a ; All occupants of the building are full-time students at NTSU. The occupants of apartment 237 remained in Denton during the Christmas holidays, whereas the other occupants went home for varying lengths of time. The following table ; sumPtions of the eight apartments that are list the KWH com in our building. KWH Consumption > 11/10 12110 1/14 2/11 3/11 Apt 134 354 248 413 595 263 Apt 135 692 519 1269 724 525 Apt 136 301 303 1107 712 337 Apt 137 400 473 1307 976 649 Apt 234 318 347 1500 731 359 Apt 235 294 516 396 1.455 522 " Apt 236 157 578 782 573 380 C CL = Average 347 -464 1038 835 429 As you can see, our electricity consumption (Apt 234) was below average except for one month (1/14 bill). Since we were in Denton only six days during the billing period and all electric utilities were turned off during the Christmas break, our bill should have been significantly . lower on 1/14 (probably less than $50) z We paid $50 of the $106.13 bill so that our electricity I would not be disconnected. This amount covert more than we owe. Please accept the $50 as full payment in order to 9 ( settle this issue. Thank yout Ron Ramos/Allen Lee [ f{ I~ Y f:: E: 1: L t. :I: N C.; II :1 i3 '1' O 1% V C)A CID xwx ACi:T a 0. 411(1 • ? i`I HAm C;J, lE: tl] 1!07! 11: E,•,' CI(I Ca t (I T7• fi I ;E;ti S ERV J U131q 6 CAi'if2GLI, _:I ' RI L Ii2 I"[I ft P,SJfi 1] Di1 34F'.13 1. £11' 2:I 6'r. MIN .`A 1.0 f;U; U7C hITF2-I;[)G [YI'[3 C,0161.1.417' kl LIE;A1:1:', F.'1.1 1-'llk. •I''f)C f'kIC;1.: At1T' 'roof ioaR-•L'1:,LL- 4.1-U1'CIEI 62 21. iAQ'i ? 11) 2.[1114,1L 4.1E) .(IIl 1P,'i? C13-1 1-00 09445:3 :9 21'9 z 's'(.II":(I .[I,!UOCi6(1 .1.91:1 +a ;34,7(7 0a 1]';,34 i 23:1 9V.. ? 7124Wo, X!{1(1011( 1.111:;6 ,0() 1.".v 41 1e1°(31, (19 Y1d11 :,;;1!b z E14,4G [1?.Da{1 (l i1 1i1C11`.i( .aG 1.a4.S`L 1:?-10-'17 0912V5 24 : (b1 d' +1.14 1.0 2'.5 11 UIIC 1, i 62 .(!U [i .r11 ] 1 1(1.1131 090109 [1:1 .^:'.''1 is 1'1 91'"'1 r [11!1490111) .A1:t . a 0 i'' 0%L 1•llt'a 0io I110, 1 (C!1.Cl 6,12 ~i:E.'lll ll'.GIIU11[ 1.i.'6 t_19 .(11) N6 2:4 0:'°9:3••131' UWit, D3 213 12, Z6 .Pk0'ait it 2:`1.:2: .a[I 91P WI SG (IiA C17 IU:1E11.:,1 211 7.111:9 E)fl. tl 4.'r, 01)11 G Zt..2 6 . U0 1Ia6 4 (17-•1[1-t3 r' 0(370i'l ;):k 1:1'.5+1 i'. 1rr. :E1 .4).t)a[UlU 71 a0 92.:97 IF 15•'11. 07 ata:1 ZO 2 r.'. .(14 OaOtllillC .UO 1(lU rQ;1 k Qti ai' H? Ut3;5?:i3 26 Ei:i.l ir. C'ih4'..:i .4.!49[1011 .a0 ira.1't/ U:A°111-Ui Il;.l'fi11;! 3i~ 6(:AS 2 4r.(1' ~.0: D(I b11G ].;I.l.b (I U !Ci0 1Y OAf--14••(3?' t1H9141 :4-1 1:G !d 'e.' 'ik1,';•p I 90.''11 (13•-11 4117 11 OJAI2 J _,9 1.01 ;r `11] 1 ;:'1 !Ei0 4 2 .4/ ~ 42-10.40 0 t'2 107 29 11:It3 it 1A4.a'1 11'4.0'1 E 41-1.i'.-C17 111:1) 26Y 10 ar'EI J' 91.14 '41••9,'!•-tar' UU1 [+5'1 2 U i' , r1, 1 . rr~ !tl:'f' (fair NX I' MR r ) . 1 E I, t ( t I 1 P~ I r I ~l 1 7 1 N t I t LV I CITY ofDENTQN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) U6.3200 C I .8h2~lb T0: Lloyd V. Harrell, City Manager c FROM: John F. McGrane, Executive Director of Finai.ce DATE: April 15, 1988 SUBJECT: 514 SOUTH CARROLL, APT, 0234 For your information, attached is some of the documentation regarding the utility bill problem at 514 South Carroll, Apartment 234. n cc JFM:sjn ` Attachment E ` 3403F i ~N , e WITOMIR ROCUMVITATIOA ~ DATE: April 14, 1988 0 I CUSTOMER NAME; RAMOS. RONALD b LEE, STACY PHONE 9 383-0353 1 CITY of DENTON ASERVrCE DDRESS: ACCOUNT 1 524 South Carroll Apt 234 NUMBER; C 10 245-0532-7 DATES DOCUMcNTATION NOTES 01-14-88 Electric meter 924065 was read and billed for 1500 KWH for 35 days (43 KWH/Day) 01-20-88 Customer requested that his meter be re-read because he felt it was over-read. 1 01-22-88 The meter reading was verified by the Meter Shop as being accurate and the Customer was notified. 02-03-88 Customer again disputed the consumption billed during the pe from 12- through 01-14-88. Customer Service verified the readings asraccurate and10-81 referred the account to Energy Management for possible home audit. The readings were verified as accurate, the bill was calculated correctly, therefore unless the Meter Shop determined there was a problem the bill was correct for the ' electric consumption reported. 03- -88 Customer came to Customer Service to again dispute the January billing. We r epeated that unless the meter shop found a problem, no adjustment to the bill Custwould be to accurate. Customer Service dfobeen rward verified a letter as the Executive Director of Utilities stating their protest of the accuracy of the amount of consumption they were billed for. j 03-02-88 Customer Service forward Mr, Ramos and Mr r Lee's Director of Utilities with a copy toJohn tReGrane. Executive Director of Finance. 03-17-88 Mr. Lee contacted John McGrane to discuss his dispute. Mr. McGrane wrote Mr. Lee in response detailing his findings upor. reviewing the billing history ' of the account. Mr. McGrane informed Mr. Lee that there would be no adjustment, 03-24-88 Mr. Lee contacted Mr, ' McGrane and indicated that he wished to dispute the amount of electric service he was being billed for for on the January bill. 1 Mr, McGrane told him he would need to pay $50 of the $106 bill and he would place the balance of $56.13 in dispute until Mr. Lee appeared before the City Council with the stipulation that all other charges must be kept current, 03-25-88 Mr. Lee paid the $50 as agreed, Customer Service spent approximately an hour with Mr. Lee providing information regarding his account and other comparable apartments, f t4 ~t 1 1 e.J F CH I T 1:: F?:: i) 1: H 1: S 'T' U f.; 'r xn;r NO ilk(11:.7;E; ow.l:x D0 4 G' U !7 01 h;AvI[' 1;'6'6!1(] 3 r i2(IA~ It D :il'A"Il.lfi +]'I GE lkl.6 n~ 5111!5 CAhY;!UL.L. I17:Ci'( GU01I0(IUUGUOi] GYCL.E 10 FtE1 "I:IC•Hf!"T UNl(fit)U0000N1 FN !:;94 +,lLiS EM 14:[1:7-t.Ah•NI 'SIN [T; iF 5:(iN}t.F: ]'U ':a:7.2465t349 ill-EC 0000. U 17 ; E I E D.1i 1 I' I i:a 'F CCla : !I 1'(}Er"Il.°I=V Fi !>..1I f hot) ik L. 770"LCI..E: 0 f E I h~,,a eJ aaMl 3 C1.IkFi ,4lft , 4 C 1 ,:U (1 t I q 1,: 61 1' IE:( 71i 11I I I S:U =6>1T . [ l :)t; YI1"H C:Hh . q , F.. h7I :CU:1 i [JE:F'• p'4' T' f 1 t'1.1:' IY:I L. TfIG oomr . G EN l•1;:h4C via:)([ I'1 I }[J-R'q"I? Iji} 00-(tl UE:I YN".1' AM 11 i}a l.f+I,N1t t]Iu ..1;4,IE[ Or 1 [ T6`:l.Ja I'1 J''F [SE I a].1:': ] l l li'lts' 1'I.1.411ir71':. U h7U! I ; l:: Ht71,iL F1I hN ] 4f' T l,.('J..L.{:!: 6: I. .[;~::il' 0411 I't l 140.4.: :DAL. . (:11 I.C FIP'[)I E'J' 14I:J; UOUC;UOq('U DLgE. 0 17e: U:] i+1•I F.E.S- (M [00" t:IXI 1 01:F,{. Ah'f I) ,MTE:-C10Ui 61 I:'i'f i'd14U1'7..•AP;I' S1rirGtl A!al Ph V.-AM"! Cl ]1';l1:J,lFI, [i)I:4F:1, EF1 C:.Ji;7.E:NI'.{ir1; .C,rl?U L.fiST i''MT-0 0,1: )1 1? L... TL1TiN•LIN:Lq=(' (IiJ {ll L'i I I i;l'lJl`d_ At'l 6111 JO ClA`f *%R ;,y C lJR f2UG UA T1 9.' 'L L 1:0 j j l Fr'- 1'LIS .I?:] ,5D DAY AI'N'1v , ,,1) 7 LIPN113:NT;] 03.il JF:] 1-:1.1C)C I" :C7'I6 E1 C: RR4.1711 VD DAY APR ,i), 01 ,7]13 kk YC;:: tf ED) IX: F`--MR . U D c C '0 (:t71 {Coy MC;N I' Sm, 07i•l ARIL: Y ~ 1 . I,rY r ~ a~41r >6eer r1T a L44 C Y h` I.1 X I_ L [ H I H :1 '3 '1' 0 1: Y rltc>r NO CEDl:r%%3 >t» a AC11T 90 D0o 2'4~^0L°nai: T-El1 NAM:: F2AI'il:15rl:t:INALD 8 TEST Dtl09oo 'E'ST RSN ^ { 5ERV 00514 5 CAPP03l.L 239 11'iF' T:1 M'TR-W:R 0D024D63 1 8T 03 1'F1.1N-•7Y, Ff.E NTT2 , K }71 I!M«~~v C'fCLE 1tl j MG-CITE MTR-I4 DG CI ;3 (:Ot:R)HP E) UaAGE••REY FUEL.-f AC FW..E_- AM T• TAX hFik••Ic11'LL.. 02-11-05 00:03:;* Z.Ij 731 A. u :19,12 602Dtl09il 14662 400 DI-1 9- 8F3 :i1,1,J (102607 U, :L°,U0 C76. 1.4 ID200000 3D600 40D 103,1:3 ; 7.-10-13% 01:11197 3D 317 A !2 21.611 .0206000 tln ~CF . !';t., j 11 10--67 011076D C)5 3 0 C s1, 17 .0200000 , 66365 ,00 27',5:3 i 111-06.437 90,104'12 3:1 ,3d C ;19,94 60200oaD 10,72 4 tl0 11 &-j W-03-87 q7'r 06 19 32, C 17,67 60200000 6$50 400 2.4.1., ~ 6,13-0,.n-o7 9795,131 1A4 2+15 z 1x. a9 ►nzoao9o 4610 400 16,1'7 08.16-137 879:776 27 461 7. 264:1$ 60200000 9622 ,oo ;1;5,60 (,7-'1D°07 975915 3C 111 Z 19, 6l, 6020000D 2,22 ,(10 1.2.F)s. 06••10-07 O7ta804 D Z 1,6!; 6D20000D 4,04 400 1.6:i Qd 411 07 9lE3Hd9 20 ]['51 Z 15432 .02Da000 '5602 ,Iln xn,:39 D5 12-H7 gYE3y53 32 347 z 214 IN 602D0000 6694 ,00 21) ,9.. c+-1.0 -tU7 1)75206 30 13 Z 294(1, 6020a000 6626 ~aa 16.31 ` 03••11°87 077893 29 644 2 i5 , Y a- 0, U1D°8% 977i3'4'i' 29 5 97A Z !J(1, Jr 01-12-117 076275 3;3 9VH 1. 15 29417 1 !'.-10^06 07'577'7 3D 1Du, Z3$ !f'1460 ,idi ,do r! 11••10-H6 07472.1 :49;3 2 ~5 7Z 215,7;. NX'T rAKr NXT NTr. l , i 6 r i 41 s j CITY of DENTON, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 !1! 11 t March 17, 1988 Mr. Stacy Lee 514 South Carroll Apartment 234 Denton, TX 76201 F Dear Mr. Lee: I am writing this letter because I have been unable to contact you by phone at t 383-0353. 1 have investigated your complaint of a high utility bill for the j billing of January 14, 1988, It it my understanding that you had indicated i you had left the apartment for a period of time and had turned all the electricity off. However, it is my understanding that the Utilities j Department has verified the reading on the meter and has checked the meter and verified it as working correctly. j The City charter requires that the utilities shalt provide no free service xi and, therefore, no adjustment could be made unless I could identify a malfunctioning of the metering devices. Since the meter readings are on an accumulative basis, I must assume that the electricity was utilized at some i point. I have also reviewed other apartments within your complex and have found that the December, January, and February total bills are in line with s j yours. i i ' Once again, I understand oour concerns but in the absenct of a faulty meter, I j am unable to make any adjua~ment on your bill, if you have any questions, or f would like to further discuss this matter, pleare feel free to contact me at 566-8320. Sincerely, ohn V. Mc Crane j Executive Director of Finance JFH:syn XCt Lloyd V. Harrell, City Manager ✓Ann Bingman, Customer Service Manager 3314E f( , R:3 ^ S R I C C) n, r: r: 0 R F; C C T S 0 N wxx W CV'UFI';1j Afl;l' i)p -Dori 9`'r UE::1'•r_p'[ I *iF RANI'loRI:NALI) R 3'FHl'I1C: tl 3ER4 pp: 19 1: t:r1Fh'OLL 1;19 DF:PrraN CFF •{:ATC CC,1'016 r" 01 RE:71-F;F7E:L- Dill :CY-FUSICq'.;Y 0 a 13 p l' ;t7i;'YS'f • FISI'T[)R'r it (I tl (l 0 0 Fif:CONNIECT• iJCDE: CF'f'::1'r -[;oily: p Nq-CFiI_i;F;••A1..[.ULh:aY C;CI[)F- ll I:1;[:II:LI' C111,470": +1G ~IU I; 1:E)I:I:w4lIE:I:iI'•-NTGF:4-I:y:l[YF: 3 Flf a'i: 1'3:1[1N11.Ft 6 r• xxEXI Dui uu F 011'1:+`iT-r-,*iT_r:E:i] UC7'US):T'T UA1'A .Gtl I:+F:F''I:r7)'r l''ASI} rL: 0(i 11+] 0p Al~ir -F'+;:T.[1 . I)0 UI:7= t'ft -i~r:PI~:11:7 1}17.F'' XIXl :Tr15'I',- ANT' Gfi rdl1ME9.F2 {N:)7F~i..l.'iI:NT43 DI'1~'U:3'C'1'• SN::iT-1 i ~ p+) 0 ;E:F'LWt 7•• E: L.IG.•C:DLr)E ti I::E:F`I'cirT L,F:T'rl:fi CLit)i: p E:PIP__r:DUE E:I:t'•-AIXIL113'r'Nj!Nr'nL1Cir0 r'A'rii; iFr"D'7F~i it:{LI.E:i? tip rit NTNl..I' A1,03am, , 0 p G124cDEj i:1lE'r IQEi]' D CLJ F]R,NFI CGI~r)S't' rof ivn r'::i [+F1~ 4t1O h:I4:F IJTTNG L!3 r,4 f.:3 CIF ~mpi G~ 0122(38 FtR ~~t:RY7:'LE[I).[)F' SILLP ALL CITHER CI-4GRvo:i riLnr m G20:XEJ PRXIiT TO F.tiEfc[;Y PIGNr' FIAL'' PA10, f j NXT r'RKT NXT HTR o 0 a S pC°°TN= LF>fpF tRy Aet. o.oco- y S3~~ i wool Roll I?qmor Aea9•.a Sys. C'4/J'ol~ y , , 4 NN .._.1_.. . Y.._.. m Or ttwl « } m"m milli- gem _ Y~i I Fie till ( ) Ni;h till Fare", Arr+st48asla ( ) I ) Do/"it Istoekattee ( ) out out FMttaN v*tj4 otbor Roolls"lots ( f Other. "a O1/tQt ott OML! - apettto Aalt", a Otaty Date$ siltala~ 111Sr + I i 514 South Carroll, Apt 234 Denton, TX 76201 (817) 363-0353 City of Denton utilities 215 E. Mckinney Denton, TX 76201 Subjectr Overcharge on account 00-000-245-0532-7 Dear Siri I The Dec/Jan bill we received is too high s ($106,13 for 35 days). When my roomate and I left Denton for Christmas break, all utilities were turned off on 12/16/87 (heat, refrigerator, etc). Upon our return on 1/14/88, the utilities were t they did not enter urned back on. The building manager said that h period. Our highest billasincet Sedurin ptemberh1987iwas $41.68 for 33 days and our lowest bill was $27.53 for 35 days. An overcharge has occured because the $106.13 bill due on 2/2/88 should have been our lowest bill. We are willing to pay a reasonable charge just to settle the issue. Will you charge to a reasonable amount or do we present our case to the city council? t We are awaiting your reply. Sincerely, Ron Ramos/Allen Lee I ,~pr1 '1G.w1d~ 1 i i 444-P444 1111111 i I i I J i 1 . I L It 1 4 DATE: 04/19/68 CITY COUNCIL REPORT FORMAT r TOt mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Preliminary Plat of the Beamer Addition, Lot 1, Block A RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of April 13, 1988. SUMMARYt 11t This is a 0.566 acre tract located north of Hickory Street and west t of Avenue G and shown in the E, Puchalski Survey, Abstract No. 9D5, f BACKGROUND: r The property is zoned multi-family (MF-1) and multi-family { development is anticipated. j City services and facilities, including watery gas, sanitary sewer, t telephone, electrical, and solid waste, are available, The plat confornw to the minimum requirements of the Denton i Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: w - i ry FISCAL IMPACTt + Reapec lly ey),m! t ~ L oyd . Harrell City Manager Prepared bys E 6vane Plan; ng Administrator APPr v 'd t ank M, Robbins Executive Director for Planning and Development } l' 1 Il q1 "U X1[111 rut Rum, ~ I r 1. T,. Iurpn far N.uln1 U 1. .m11r tot Qn.r la sh A.. /ul llf n/ f Irrdt far Un[trucllo[ of [w•Mlrex aid .tl leb.el nn Ul .nIU, 1 r.rSVI/0• A 7. Iu11LLnp 1, 7, 1 .nl / tU t.Irllnl Ilk ..U an Il.Uli t 1 • LIU u . /wtllq Wt laid on t em p I.Ildln ' 4SIt0 7 - rtornn U M nrM - 1 1 lm SoU L) I T 011 ' 7 1 1 . van-Udrcr n.U3 ntlq (.u rill .et t7a.l r f. 111,, [a11.. ,.,h, to rotation is city .1 pmt. 1.1x. M em.p. of 2,4 OEM total fee .It[ UIgn1Y1. I • • lids Mf all ..nwdbl Import/ o. Imd 10.1. 1 • S 1. It Ir.por/ 1. rwn tY. In al.tlnl Idnxf. I.r.in IYildlnr 7 d eMttrvrt t atl1a r. obrxl a IM" of rn. all d /lxu U614 t I. r 1. "IS fit, S. ail lor.ed xUim 1 100-74 ISa.1 11.1[ 61 Iutlat.f an t H the rolling n%IL 1 t • I. C.rnnl Ill. a, to U..twr1 $I tUlllexl .fRdnrl t"rtrnt d { 1..r .lflttoral tai-7drr•..IU. r • • x 1. 1 <ora rYinl la It lr.prd n rrn dl Yn1tl null IY lldl q. f S 7 / 1, iF1 Ix .115 Mrs 1 Sul brfrt >tt Cl et epWrrnU. 1 l 1, lag Ln.It1 tUnfoll[ x11 e..1f~ x[I epu4wnU IM Ito I nNqq ..1 lie rU No 19 d t1. got. 1.t .rr xll M coon/ 11 m aid.. VICIMTY MAP hdlalnvr Plot 1jJ ~ ~ 1708 ON bdP~$D O. v.,7~-,,ry 1 1 Fla of 0 CIA) /tn tools I. Ito / (1 ryr {~~h A. 1. hrlwltYl Svv) 1/. Lm ~ Oltt tnd G,nt/ of Ligon, Too zz~ N 1p / O.Nn W.. C Mtre j u 12);I Y. 61 St. IE Aew 7m. H701 1 ✓BLOCK A r cln> fu•la7 1 M{.l 0 fez 6C E1rM~~'[MI n YlYI gGllll 'fMt MAI [Y Ir0lFilpi. , S.ntM tYr.. 7170/ w e}+>~ 7 ~a Nr w .~t~ t[ fdir7 ~lG.SY16 tog / of I Rival IO wreY 1161 1• I / 0 t If - r RarYeA, /It7•~.. Mb T t11 I•.Y•l~/ h J~ ftL OLOCK 3' ©LOCK 2 t "111.11Y MV CYWSW /MM i 0 i I f I i 3 i e t E IIP 1 I 1 1 i All] 1111-11 1 1 I ' i 2 II 1 1 r 4: i k II DATE: 04/19/68 ' CITY COUNCIL REPORT EOFKAT I T0; Mayor and Members of the City Council j FROM: Lloyd Y. Harrell, City Manager I SUBJECT: Preliminary Plat of the Jane Marshall School Addition, ` Lot 1, block 1 Ir 4 I RECOMM_ ENDATION' I The planning and zoning Commission recommended approval at its { meeting of April 13, 1986. i SUMMARY: This is a 4.33 acre tract located west of Bonnie Brae and south of j Airport Road and shown in the E. Puchalski Survey, Abstract No. 996. r BAC KG_R_OUN D: The property is zoned agricultural (A) and a private school development is anticipated. City services and facilities, including water, gas, sanitary sever, telephone, electrical, and solid waste, are available. { The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. i I PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: 4 ` FISCAL IMPACT: III Reap lly ml ds Lloyd . Ha:r ell city Manager Prepared by: iz th Evans Pla ng Aiministrator A4HFrk rov d . .Ro ns J Executive Director for Planning and Development T Pr i j ♦ r\ N~ bu bIt ~I E10 e¢C`~\~e+ c S i ~~e10 ~ele eSP t-UN A1~~ ~~~VA\V~"~~ a 1;A` k0lI AAA V~ rv AVA~ ~A , ` 11 37W~ •~~i\q;," f\\\ AGRICULTURAL/ZONING i R k f PVnS ALC~VA~~~~ \ rA~M~\ ii r ~v / P.,:~ TNC j 1Ft F R \ ~ ~Ya \~\~`~.\`p.~~ y.`\h' a\.\?.~ J~~~J x11 lero. { x. It/ [I 1 Ran v:abl~ v @ v.v vo vb v+ ~v ~~/qJ 4 I~~ W VAS 7 a ¢ ,A~`~~ A `Aa V~~r ~ • ~ ~ ~ ~ ~ CI ~ U 0~{AL Jxl J G~ ' pr r ~I rt~rz ~ 1 I I~ I R•~ 6 L 0 r 11 ~ B L D C K 1 HF-2 ZONING Iw1 rn \ c, L71tNi/ ril F.' "'t ' t 5-19 N1NG No '1 d~.n....., \ .r 1 $ 6 11 TCNI A NO I J. J1 8 R£ N J T£ R d l! R V£ % N 1,1111` A J l 1! t I I f ~ due eu MINI ~i~ ~ 1 FLOOOPLAIN INFOAMATION . . N IF 1 1 M1' malen a I PL{0O «It.Pp INt..tIMIK is 114 01-1O11IL PAN INIW.MI PILA• N.N null J1 ,Kt Y.• }.P PON fiq Cl" 60 i I/NIt4 Cd.NwITNIxp "IN OIIV•Ihtl~ "To I6W11 t. IN1, ® I 001A 14 IM PI W 4" N NETDOPLEX ENGINEfA:NO COPPOAAIION J rJr.• O H N E R •NV•I ~ ilvop, p/11.4 1 Pl+.w7M 1 Ju1rf rtM h0 I t.1 14411A1 • •MWlnl 110.t'Ia INtl. Ile. D 1C I~1 M1 plot MOM. Ipl 1 . P0. • NIIN•11•pt AI JII[ NOW" IL•OS hP•II}1111 SIM MAN . $10.111 1N' Nltr .'d IYILII11171 Il«riM PN4 i•1NUr It.i • ION Mr]P 041 -•.nuLln, P. t. 161roI JANE MARSHALL SCHOOL A001TION • IIItl111 LIM OLMaa wJ HNI u/.Mte NY1f t. /tf/ CIO • 4uenPnl un1 ~arj~!=~~'t----i" LOi 1 P.CCq J III NI ..1; .:Ri !N Iv( IN . IAM11 V LP . u PI.1• P111 1 1 Y A 1 Y Y Y {V11K PIItW.IR' YNYt .I tiN1 I INI •/•1 P.11 VICINTY MAP VI u.~u vvr JS +rrnJ /N • Plf. N1Y M1 r•NN yl.P„ ICNLL oat 1. d7f «n. ' <wiN u^/ 1• • 10' i0 NN{ 11 f7tJJJf 1 Prl4.P r.. Ian a :.Rtr tO. -e.L iii 1 s i r i 1 le a 1 ' E t i i i E i I 4 I i r DATE: 04/19/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager j SUBJECT: Preliminary and Final Replat of Lots 14, 15, 16, 11, 18, 19 and 20 to Lot 14R, Block 3, of the Northside Addition RECOMMENDATION: x The Planning and Zoning Commission recommended approval at i,a # meeting of April 15, 1988, SUMMARY: This is n 1.304 acre tract located north of Second Street and east 3 of Bolivar Street and shown in the B.B.B.6C.R.R, survey, Abstract f No. 785, I! BACKGROUND: f The property is zoned two-family (2-F) and expansion of existing one story classroom is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. t The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations, r . FROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i FISCAL IMPACT: Ile Reep u11y ~lfbmr~d t U ~QS// f Lloyd K. Harrell City Manager Prepared byt .lGt4 , r_l <E. Elie th Evans Alan ng Administrator APprO d Fr nk H. Robbins Executive Director for Planning and Development I ~F F I' 1 P 88-010 LOT 14R BLK 3 NORTHSIDE ADD. NoAIf" t It ` W b ZO It It I r a r s 11 at i a 1 1 lets a nt ~1 e t a 1 (1 11 a ~ 1 b t I C I 4 s eu r f 1 1 n 1 et , a} Y' I 1 11 1 S Q ~ f e t.I a, b I ti t I s to ' ~ v a ~ 1 u lI t . ixt ,S7 • 1 s 1 1 f I to { loco ! its 4.1. ~ to ~ t b e ty II M a ( n 1 U t ~ 10 I It i~~ tt ,s I aaw ~ I tLl u THIRD d av i7~e b CKICENT ANN M 1 M --~1 t I tee i k ~ I a SECOND t ,u I 1 1 tea i Ilelt , alC t tel ~ , tl ~ I t t i n Ica II a- 3 7e-! 3• - IS M - 1I b e e uY f i,,l ne+t i, e I 1 K , {1a 71 - q y I_ 04 o t I I~ rte to - /~/a1 NO SCAL! T r - - s J 1I 5 I f 3 I i ;Ii i ~ _ ~ o..uwn rstre rwi 3 ' X I, M W,~r N Irlrltlry lr tr 4 ar^s1144 Ux lxr NM ti rN ! r41n r NIIUq nNt lot r S yt fry /-rtsy rlrg- I - . LlA h 4..N W.LL~V "MW dll W= Uw du j j L.J f t?'^wa.0 FA W M tlnl .T~ln. 1 F t 17 i , / 7. I 014 19 L=ew .!thin n 4.IIUw Im.tyl l]r Om. x, W ISM ov M . Inror^rn rnw. ut, 1 ~ ~ ~ p ' f ■ rJw in,gr Nx~ n4 Nx M Yw UI Nll M 4114!15, ur teM Ix N rll 1.4 N V. L, rr lv.A YNW. Rs) ~~~11.x,,4455 . B L X 3 ed Y ~ li ~ I cA t.:. I NSICN Y A ! t 11-4 R .1t PA 0., M .All n. bMA\r hwr; Jh Sf - ~ ~ ny.l l: ,.x OVxta, J/Atll It DywtY Qa I 1 ( IAr! M. t\M ■T. T4201 ICI. I A 7 FREII NARY REPEAT f IIvaAWX j'J.'Aa SE til; V o: h,x/ r~ Are i~a EuT IAN OL0..K 3 14, ~N in3,CE AJE iTjCN 1' ) » -c.o- O•«a^J fA,.As W! ADDITION N IN IN tHE THE 6I Ty' U F DE4?0 V, .r b L 0 C IX E ([w f \ [.br On1Y. A►116~ I Inr `y Y CENTON COVNTf_ TEXAS J ._rrtL._. 8uRl1 JE FxVY,NrLR/N/ ' i r Gq Ew 606 ~L ~ ~h oil TA' Nr10Z C , J u4, r o i f r ti l f I t +\O ~ ~~I[I I, iir ,~I• 4lPI WIINI I{11 ip I mn or rCfrO E IJ 1 cmnt 1 I I WH 01 0 MR111 d f .M •.n.f .I •1! 0...rntlr tort "a {I I11'f ( t ry "..I, t" F I. YIL.1MLr 1 L .0 r I X DratwN N;,. bvw% r..a Nlnl 111 debit LX, 11. 16. 1,111,11 It'l 1 1... flair 1 d l.rtMle• PIMA., r •tlltL. 1. tM CIV of Net.. •116111" tr tb 1' N 50' v. ri r r • . )Lt .M...I nr.M.4 1. T.L« 11, f.t$ 11 at M. Nd 4 n.1..1 W.I. Gent" Iw.f1 the nlJre1 titer Nlq.m. Is1a.161111r11r11r1 u trll.wt I of yp' IDLr (sy IWI FIRM f.l tM butMwt &nst It 1k, Krrr %.tnt IorttNl Nrrbv at . LIf I 1.11 Sra ref It% A, d.0ln4r .0, got Ir .Ir 3n.tJa .L ".r.I at Ilan 1. w1 -J ~~I - bin/ a Mr nunuti.a d 0A La iu. it I'll'" Orrwt -I% O. him Siu of 1 4 GX VrrIG tiG tl IresM loop THIRD ST a ntvtt Aden DD o./t.a IF 1L.rtu or yew[o bit .SO tM 411 11.1 of to ra r I j__.... • -__'rn•/`'. l.rra Id he 1.a if. d Ilrl I a Iuu.« IT 310.0 Plot $a to 1 lack 11« td I- - - dWl•la. ul Sol at t1d y.uoa Oral at f yt 11 •.1 d94 .0 N!M M. O.lt U Iatt Geue at r!r bole 4fe"r1h .1 tract! Ir f ]xC"nrn ulna 1[ Nir... H Xlowu 11 u a 61. leak ,Y J. it. III., late I I I. w1 Ll I /buKr 111.[7 b11 fl1 [ l lad it., id r10 IJ IF n dWIdW too 1 • 1• 0. rut 110 at r M f.rt 111.[ 10 0• [wawa bras .1 Mt I), 111 4 .11. WIT tM 1r101.1t C.nu d IN I.wla hart" teak, ""ICI yWl 00 "late Of Xl.rtrl 17 yu•1• No it rill 04 1.01 1tM or 0. at1 I IZ I •.'q r C.brr of )49.01 Art 1. w Stf I.a. IIw .rt rlet a aluldw 111 111 y tn. lbtta It. at yr.n1 Car..t Aid IN yruu.l Or«r d W fG r/ 1 IM F.I.I. I.0tIN1 u.ttl It...1 4 11 49 Xtarnl 77 yunl. 1m r.tr Ad.0 It.. d ynd M a r haul . .M W y.0 it. d I1r1 /!n•r• at 111M .71 tot u tl.. YOIK W A v 13 'J r~'O ItCI■IK ••1 •K.ad" 1.304 Kw. or LM. ` a t, 61 ..V ':n.n SS I - L,_ti MIa /0' u' [ ISO It, 1 ear, rYn[N11, IaDY ds Xo IT nut ntllrtl, 05" R OF MS fill!! P. O[I1t1 0.1. Ia.. I.r.t) o.n 0L. Il Iu I/.Nlt 111 PiTath N Ltlo I. the Olt, it b.t"rto. 1 ai. tn 0uV a y1 1Y, /lM , I 1 1111111" I d r" G.nlw b•.V. True Ito 4.4 belief /Santa. to, 01 111t, bur61 it, Sand el)nu •d+.f W tudlr uN•rru .Mere M.0«. W J ~ 1 J It, IJ B _L C K 3 Alan Of nut - I -motto cfr - - - - y P- P 30aI Xl, mr .dr.llm/ AdYq Mile b r1 fu w10 y«t/ td inte at 011 J i. to" i C I 10 r lq 0 to, wk,mdll k,0.... / Jos" K OCLXCI O.O.. Add « 0 M the Pat rM IC CO \ ~t 7J tt't• I L- 6.60 is MNrrIN1 r. the 1.,. hatawmt Of rlrrA1 W N M met M 'd :.at" eM .0r t.r it. 0w.u rd 10411u•tIw dent. ur.... a. at M tM CA R - N 4Z } or 1 o . ° eultlV 0.1.1, 801 Y ~ ' v •t~ ~ elru mean of 11X7 JA IGL of tola nu V - LOT I3R 44% later, hole 1. 1M 1111 .1 r.... 4 I r ) OJ r 1.235 A •RES 7 a} e.rl.a« t.tant pp~ co i f! IN n am lv 1KIIfOtl Courlall K" ALL M 11 /X[S1 PUSMI, 0 Ar•Q* r 0/ 1" a tt.t 0he I 1 • not q 1ttttM X. U'blfM, I SInaN tulle y Inn ..r /.0.011! Ire in "T'.1 td 11.01111 nr«i d 01 .a that IM I u Mrs mu Maw M.... wrr to." o Ilaia .nfrt y WWI. at .W61.Id« In t'I _ .e.0ld..0 .Itt axe at Or!!1111.0 t1t CtV at ow I«, r ot. +..a _ - - v kl _ I ^ w n Col. k, 4061 ,893 _ J HIM fM. ~•r n 1M ' J i 100'r1y• I IN ..c- JSECOND_^.ST. REPLAT LOT I4R BLOCK 3 NORTHSIDE ADOMON AN 0DIT10N IN THE CITY OF OENTON, B L~ C K 6 I, DENTON COUNTY TEXAS f 1. r[',J IrN ..[a.,ll n uf.r L:.o COL [Y3N s 3ssoel►1[s n.rr r•y_ SugV[YI 499 .r.itli I~p /e•rr 7. o f s11 O[of 10 M Ir , [x33 73707 4 i F 1 i j j ~F{i{ S i R i i e I r i '.r DATE: 04/19/88 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the city council FROM: Lloyd Y. Harrell, City Manager I SUBJECT: Preliminary Plat of the Ward Additaon, Lot 1, Block A RECOgMENDATION: The Planning and zoning Commission recommended approval at its meeting of April 13, 1988 with the condition that the sidewalk k issue be resolved prior to final plat approval. i V SUMMARY: j This is a 5,991 acre tract located south and west of FM 1830 and j shown in the Margaret Caldwell Survey, Abstract No. 319. BACKGROUND: The property is located in the extraterritorial jurisdiction (ETJI. f The plat conforms to the minimum requirements of the Denton 6! Subdivision and Land Development Regulations. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: 4 1 Respect ly sub itt 1 ` Lloyd Harrell City Manager Pze aced by: i Eliza h Evans Plann ng Administrator i s AnH Robbin Executive Director for Planning and Development • > r e. I 'tA 'dENibN I ~ ~ RRUSrt cRx. Ril itlcr .F,1: / ~ VYN.Ia' ~ Y~Ya`4H I ' C ~ 1 ~ t.Hrr. Dort '.1 ` lyrraY a/t/ncry--1- F./[n Iltlq M[I ,Y pl ROME - w IRV. il. ADO1 OOK a trnr Yl,w ~tl r/ltJ r. 5 1 _ ~ ~ r'OI MYna. f4V 1 SI 1 V `1\ ~ Y 1 ~ Ie~ NI. LIpvmvv e, /r (/`//I'a r of R.If //Y ~S w rl,.tN I _ eu..l YM 1 t~ .1 i Iwl. • .fM1d ^ fAr'- FM. j HY Irk >ur •IM. Q'• t.4 1161,GMp Ili/ CfC: ' 1. 1V Frt 1. lt.llly rY nM. of 1. Y1n It rell(r ~r.~t1 MFlrr 1 NAM Au F Lt1 rM11. w Ll.Ylr b M Il:! l nYv. r rda 1stwY. w Y4 1.1 bl[I, r .Ilw M 9 t.f h, u u Hw _ rl.e.u Mtl11 rrY fr111 n.lrrp. w LIIII.t rW Nit M L Frnr/d M 1/1ir rN rrrr V/w.a .rr. 1n wall - •._..1.lydrrf .IN -L-~~-]{f b N}Ip.r WM WWr np. I 1. t..r. w r .drlr nreew p W tpMtr. 1 Yu r/MwIFJ 1. alFtlw Y bQ H.er. Y rb Yu thyn~ll LOT 11 l'D.! 1 NiY.. 6M• IIw1lL p r/O .W III w Y eT-+ F' trtN.4wwCel n.. I[i LL,_JIJI ' 4 Y N.r N iw.<a RI, n hN M . t./Y 4M trrl L C5,N. rr w ".A M .wtlrl. w .w wit is Iw pill. n. M1IY.] bl rl taw]. R. r. Nt 1r1~ r. A Irrl. wew r rrFitd r r alrl.1 rur r w Nu M W Iry.u. wlr Irtlnlla Itl. W. w M Itl/ ty-F, hl,.r. rSY = Cl~ Cant], top C. F1 ' ]aNnrnt. ltJlw Nti 111t 4NW W =V = M2, J w M1ntl.= .w»r IMNlllx Y llr M w r.rNl "W, r.r 1. Nrt 1 rl. FYlra, b.r, i*iKw r C. rH F'1 a. 1. w IN. born, fir. 11N vtv.,; fTY Gw' 4+.~pNC Ho ~ (it, ~l~ b. I.. lN5 f~IF i' e. f.Al rr/.I' p... II.I fF]l 1 1tIf bbl 11 IYrM IIr 74:w 1 rl I I N i Nam 11 I i i a i t i i 1 f CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to La Prairie Apts J/V RECOMMENDATION: The tax technician has determined that a tax refund should be issued. SUMMARY: l pter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, La Prairie Apts, has requested a refund in the amount of $736.58 since duplicate tax payments were made on account 3930-01300. BACKGROUND: a Prair a Apts mortgage company paid taxes from escrow on January 28, 1988 in the amount of $736.58. La Prairie Apts management company also 4 paid the taxes on January 29, 1988. Tax records indicate payments of $1,473.16 against a base of $736.58. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The tax department and La Prairie Apts J/V tax account. FISCAL IMPACT: $736.58 a RESPE ULLY SUBi TTED: pxp i t oy arel Cit Manager { Prepared by: ! Name c cline-f err Title Tax Technician Approved: { ~ ~~CI~42cr i Name Monte terser Title Controller 2633C/3 i i 1 l ;1. k~ isp Py 1 I auto Properq Tax Bard APPLICATION FOR TAX REFUND Aenlnd Applkattoo 35.1114!42) Collecting Office Name: d T`~ Collecting Tax For: ~(ax nQrQ nits) o2/s CAll 11lf~✓ 1)toit7loen ZX 76161 Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. I { IDENTIFIC7/677 OF P T OWNER: ✓ Nome: 76 Address: Telephone Number (if additional information is needed): - IDENTIFICATION OF PROPER C Description of Prope P Address or Location of Property: P L" Account Number of Properly; or Tax Receipt Number: - INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of ' From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. 14 ~/-fr119 $ 736,58 $ i. Otir 14 195~1.. s ~3 .sue' 19 / 19, $ $ 3. p Taxpayer's reason for refund (attach supporting documentation): rB,r!es Ole- Paid ~wio- e, j e9r1 C,e b y Arlg Cv Y© aaa a Y ejL, ~ recur a 4 r.nA~N~. r~l'rt d e t 1S YefJdts{7rto /-C' `i .rldde Lg Prerrre A>a _ "I hereby appiy for the refund of the abovedescribed taxes and certify that the information I have given on this form is true and correct," ( k ire Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval t' 1 Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 ` Any person who makes a false entry upon the foregoing record shell be sub)ed fo one of the following penalties; I. Imprlfonment of not more than 10 years nor Wo then 2 years and/or a One of not more than $5,000 or both such One and Imprloonment; 2. confinement in loll for a term up to 1 year or a fine not to exceed $2,000 or both such One and imprisonment se set forth In Section 57.10, Penal Code. AMMO 30 COLLECTIONS 1 1 a AE/[~[N~( •MOUNT LEPRAIRIE x JOINT VENTURE #178 788 2001-2007 TEASLEY LANE OENTON• TEXAS 7620S O Y .4 4 PAY (74'6. i^+ G 4 x~ - -r DOLLARS m 0 C 1 v DATE A[/, NO. AMOUNT w i _ OOLI{~{ C{M H LZI OADEA O - { - L[PRAIRI lK 10 JOINTEVENTU •17B IL to ?424' 11'03"422? 411' ,r'00000736581O i S i I 3 i s i f ' F i i l 7~ r` -•••itl. vt I'~ 17 IALILN Ir1w,L PAIL ASSR 7/,}eF.6 irASAnAr 1~6 Ti,56S, (IOOAr°Rbik ..,i~:B?'I~tDiA AMAiYN9 flli 14rE "Viler ~R[e(ssx r;t q i •Q1 QI+ fOOLP(R fA=wrA rpLl As1JC 1 rfffffM r 8 -1:71 • _ 11 fa A(N ` ° r tI (C; lad. - jj IbKKOFT f1 1111 TNR a 117007500 1011 TAX if rr[u[K 1~Xr wRru oArc 2/ i f 2 fIR imAL DCI( ° 414 14; 14I11 000100 1941 O[OUR / r r N4E W( 7124E 71 PCRILtr EFFECTIVE AV TRY tt}RN 21291101 OD pp NET TA A(CAL A Po-0A1E TAX PAfO W PAID TAX PELA ENALTY PER CINK TI TRY CARE Y 6 i • ° 7 sw.aTEA~~jDGM A •~v rNNNN t J 1 r4 . A C E WIPE K~oun yx- AT ppE(C~A~N~ ySp~p~ y~1y.- 1S: - _ ♦1 . 1 of"", IIp 11 i~O51[v~R i ; C. ITWHAPM -1 f - f• ...2: - .__-T:(F i n, b 4 tf/. . -jai pIpw JOSEPH ► 1 rrffi 1 i y' : ; /1W11 : r'' -EhE'-----N - - HQ)1 tv: r ..--•-I _ .,mDO1 mm: CP ' r 7 lK ra; BIffNM 12120 17 • 0 T D4 DCV L~ORDq CORP INC : PMAA3 RI T IAa[ w + tI: ° r I R (OAP r fflffM _ 02 i D C A OClan•ENr r rMfffffl A HILL V[IORENT « 'W 1crAlri,ur _ t~i:3 2 p aExpWCi ~+~7ri i~n a IBR _ rrffffff/ • T rhCM! ~ pl► TM+° 12 d]-...J}~__...Z1!1}~C1. T EAROA fDM,1l.[C/O1f JL rIIRINGIAP t, fMAMAN tr/ q '°k 'F'#' ?v r ~~it0i1 tlRt Assx [ -1:: (AIR O K +1i; 0 D ~aAMCA11 rM+i A JA S,e ,rrfflffr 1 ! 5, 1'f to 11O.~ -.11t r CpykruETRKC L. t gp,1Q.2 + i 11.551. 2 >Miriu~l -fACUA-[AC' .......S1.r5O. _,-11 r~w oa e S~Ii:M~"" j tlO 1NIFrIff1 ik ! jtttt oopppp(~~(EEyyYY~~ T Sv KCAIR K ri'IWI.__L~P[Y:... h. L Tb[t 2J~' Acewrt ,~('pf~~ - I tt ,T_ s¢T11 EACE P Jn O. .~.I T L~ TTDUrI ~rr[AiAr 1p Trffllffl 1 r yC~ v T C~T rALL it toe '12p / rMM11N / ;i17 'AM{rV: MIIl" (SSO........5.1 . :"keAfrtTOl ° qPI( € Lta e....°' r1 "e JSS•r] 7} ) pKM T r my IT JO~Nr VENMI ; MNNM." RAW -'112p11 ~22p DENT .T. rrNflNl S' i7tM 75:~_-• ]Illy. E r _~rA S.2LY.............. _+IANIII_.I~RI...1:E15.!'4 _F A T IP~M3/°~(~Iy LADE JOINT V" • `1 7 A WAAf RAL~ UV :W f _ 8060 1 A/v ( , DAYS KOx? f TEAR 2120/N TAX TRIAL IAKI A[AL N CM1WppE((~~yyL NI TAX COD( A Po4AT, TAX PAID PI PAID tAXDLt t, I~RI Kr 1 APROVIDEIII jNrCOJRPRINC "#""M TOTAL ACrow f 20"0111 WRES "off" A 0 maim •_•••••••1 PPP IPP Dot /1r 46 ~~a gas: i1 _ 107C'AAEI r ]a4t IT C it's Rl~.RR -•1 rffnM IDDI TOTAL ~1 NY; .y %1AAACCC _..JAAMLM:pO_ 4TAC7 ACCOUCI r0 Al r ,11OVYJYOpbIAA~CI1;NTV6D AS .IO7 ~p TS}!c! ryryryyyy / H TITS I I T I 1 1t( I LAM= E f i i i i j s f f 1 t r- t' 0923L NO. 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 WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the # lowest responsible bids for the construction of the public works or Improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of 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 responstble bids: BID NUMBER CONTRACTOR AMOUNT 979D ONYX CONSTRUCTION CO. 226.229.00 t 9830 DICKERSON CONSTRUCTION CO.. INC. 84.829.00 9842 CALVERT PAVING CORPORATION 291,372.36 SECTION II. That the acceptance and approval of the above competitive b 3s shall not constitute a contract between the City and the person submitting the bid for construction of such ,r i i public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in th^ Notice to Bidders including the timely execution of a writtei. contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such. contracts are made in accordance with the Notice to ' Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sems contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. 3 SECTION V. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the 19 day of APRIL , 1933. RAY E E , MAYOR CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERSO CITY WYETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ` CITY OF DFNTON, TEXAS BY: PAGE TWO 2; I i r' DATE: April 19, 1988 CITY COUNCIL REPORT f) I TO: Mayor and Members of the City Council FROM: Llo,d V. Harrell, City Manager " SUBJECT: BID/ 9790 - WASTEWATER PLANT MISCELLANEOUS IMPROVEMENTS RECOISIENDATION: We recommend this bid be awarded to the lowest bidder, Onyx Construction Company in the amount of $226,229.00. i i SUMMARY: This bid is for the purchase of materials and labor to perform j improvements at the Wastewater Treatment Plant. The improvements include painting and repair of clarifier mechancisms, replacement of wier plates and braces, and 4 installation of effluent flow meter. BACKGROUND: Tabulation Sheet ~ a PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Wastewater Treatment Plant i FISCAL IMPACT: Sewer Bonds Account Number 6i4-00S-0470-9101 i Respectfully submitted: oy. Harre 1 i' City tanager i f, 'A S Prepared by: Name: Tom Shaw, C.P. Title: Assistant Purchasing ~Agent Approved: /NameJ hn J. Marshall, C.P.M. Title: Purchasing Agent i ~i I i I 1 ; BID 1 1 9791 1 COLE k I PROCESS I MATER I ONYI I I .........................................I SMITHEN I CONSTCUCTION I TREATMENT I CONSTRUCTION I i BID TITLE WASTEWATER PLANT MISC IMPROVEMNTI CONSIRUCTION 1 CO. 1 CONSTRUCTION I CO. I ; I CO., INC. i 1 CO. I i OPENED 3131199 Zr16 P.M. I I I I 1 1 I I ACCOUNT 1 I I I I I I ---•--••----I-------- 1 I I BTY I ITEM DESCRIPTION i VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I 1.............. I.............. I-------------- I.............. I I ! { I I I I 1 I I I I I I i I 1. 1 1 BASE BID 1 316,863.11 1 217,101.11 1 282,291.1! 1 219,693.11 1 I I I 1 T I I I I I I TRENCH SAFETY 1 11650.61 1 763.11 1 2,101.11 1 2,1/8.11 1 I ' I I I I I I I I 1 CLARIFIER STEEL REP 1 2,181.11 1 3,136.11 1 51216.81 1 11576.11 1 t ; I I I I I I I 1 h I I MAL 1-3 1 381,995.11 1 251,999.16 1 209,991.01 1 226,269.01 1 1 1 I I I t I 1 I i I I I 1 I I I 1 , I I OPIIONk DID ITEM I ND i 56,868.16 I ND I NB i I I i t I I DAYS I 196 1 19S 1 165 I IB1 I i I I T 1 1 I I S ~ I I I I I I I I I I DID POND I YES I YES I TES I YES I I J I i I I 1 I I I t I 1 I I I 1 1 , I I I 3 I I 1 1 i I I I I I i i 1 I.. L f DATE: April 19, 1988 CITY COUNCIL REPORT ' TO: Mayor and Members of the City Council r FROM: Lloyd Y. Harrell, City Manager 1 SUBJECT: Sid # 9838 Woodrow Lane Utilities Relocation ` RECOITIENDATI08: I We recommend this bid be awarded to the low bidder Dickerson Construction Co. of Celina, Texas for the amount of $84,829,00. i i SUMMARY: I This project was bid earlier with the Bridge on Woodrow Lane. This item was sent out on this item separately and received March 3, 1988. We received two bids from local contractors as shown on the tabulation F sheet. 1 r l9 , - 1 i i BACKGROUND: f Tabulation Sheet t PROGRAMS OEPARTNFJITS OR GROUPS AFFECTED: e oo row'Lane Improver~en s ri ge, drainage Paving, etc. FISCAL IMPACT: There is no additional impact on the General Fund. Respectf ly submitted: i emazl ' Lloy Harrell City Manager r Prepared by, f a+e: John J. Marshall, C.P.M. Title:Purchasing Agent Approved: 0 ,Name: John J. Marsh C.P.M, TIOBY" Purchasing Agent i • it 1 1 n V Y I ; 1 816 1 1 we I DICKERSON I, JAY-MAR I ; I EONSTRIICIION I LORPORATION 1 ! 110 TITLE NDODRON LN WILITES RELOC411ON I CO. INC. I ; I ~ DPENE6 113118 218 P.X. 1 ; I I ------------------------------I I i I ALC011NT 1 I f ; ~ ~ ~ ...j.............•---------••-•--•-•--..__...r.............. ; I--•-....._._..I-•-•---•---•-- f r ' 1 I IITY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I I I ~ ._.....f ...__..1...... ~ I ! I i i I 41. 1 ALL I NODDRDN LANEIPECAN CREEK I I I I I I I UTILITY R£LYATION I D4Y129.11 I 115,119,11 I i I I' I I I I 1 1 1 I ! f I I NORI DAYS I 15 I 15 i f . ~ I I I I I I I I 111 BOND 1 YES I YES I I I I f I I I I j I I 1 I I r , i I I 1 I I I ~ .~s f I 1 I I f ,1 I ! r f ! z, ~ I I 1 f I I , I A ~ a , 1 i i t 1 4 DATE: April 19, 1988 s CITY COUNCIL REPORT I 7 TO: Mayor and Members of the city council { FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1 9842 Taylor Park Storm Drainage j RECOMMENDATION: { We recommend this bid be awarded to the total low bidder, of projects C,D,F & G, Calvert Paving Corp. in the amount of $291,572.36. SUMMARY: J This bid was submitted including drainage on sections A, Lindsey Street; f B, Willowood Street; C, Dudley Street; D, Alley? E, Parvin Street; F, McCormick Street, and G, Project Signs. The bids were received and opened ' at 2 PM. on April 4, 1988. When the bids were tabulated we found that ¢ Funds of $471,999.28 were not available for the complete Storm Drainage Project. We then selected three basic larger projects B C F & G. to co - { i complete at this time. The total low bid for these project was $291,572.36 as submitted by Calvert Paving Corporation. This then is recommended for approval. I BACKGROUND: Tabulation Sheets, Memo from Jerry Clark City Engineer. 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Capital Improvements Program and Citizens in Taylor Park Area. FISCAL IMPACT: 436-020 GO87-8715-9105 There is no additional impact on the General Fund. Resp fully~su ted- Lloyd V. Harrell City Manager pared bys 01 Name~ o n Marshall, P.M. Titls: Purchasing Agent Approveds me` oh~JMar Titlsi Marsh 11, C.P.M. Purchasing Agent v s` I }N 1 , h ` I I i I BID 1 ! 4842 I ATKINS I N. E. I HASTY 1 011 ER SON 1 JESKE I JAY-1AR I EALVERI I HALL- I BROTHERS f HICKS I FONLER I CONSTRUCTION I CORPORATION I CDRPORATION I PAVING I ALBERT I III TITLE TAYLOR PARK STORM DRAINAGE I EQUIPMENT I CONSTRUCTION I CONSTRUCTION I INC. 1 1 1 CO. I I 1 CONSiROCT1ON I f L0. I 1 1 OPENED 4/4188 2.01 P, 1 { I I ` 1 1 i ; ACCOUNT 1 436 821 F087 BTIS 4105 1 1 i 1 I ......._I.............. 1 I 1 1 1 f I ! I Qty I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR i VENDOR I VENDOR I I1 i I I I I I I C. I 1 I DUDLEY STREET I 111,473.51 1 144,113.81 I 1241736.51 1 114,966.21 11 124,659.91 1 119,834.42 1 116,933.64 1 118,926.69 1 ~ I I { I I I 1 4, I I 1 ALLEY I 2299958,24 1 192,580,44 1 172,129,11 1 145,833.65 1 109,215.16 1 139,223,11 1 127,859,12 1 143,756.61 1 I { I I i I 1 1 1 I I I I I I 1 F, I 1 I NCCORNICK STREET 1 117,515,11 1 57,115,25 1 72,171,81 1 54,272.71 1 87,467,11 1 45,111,05 1 46,379,11 1 76,299,71 1 S. 1 2 1 PROJECT SIGNS I 611,81 1 400.11 1 3,8B8,68 1 301.11 1 711.11 1 610,14 1 40040 1 411.11 { ,.I t 1 I I ~ 3 I I I 1 I 1 I I 1 1 1 I 1 I I I H. I I 101ALS 1 462,538.741 384,277,511 371,954,511 315,372,551 482,142,661 293,969,371 29I9572.361 329,382,991 1 { I i I , i 1 , I I I I 1 I f I I 1 } I I I I I I I I I 1 I I r I I I I I I I I 1 ~I Y ; 1 ' "~•+~~~r~~1~~ISLdu9i9/l~M'jeuhfJ(~y+.pilN lNa ,er. brv! . n { -I~ T J, t FS} T1 t 1 ~ x CITY of DENTON, TEXAS MUNICIPAL SUfLOING / DENTON, TEXAS 76201 i TELEPHONE (817) 566.8200 ` MEMORANDUM I ' I DATE: April 11, 1968 TO: John Harshali, Purchasing Agent s ~ f FROM: Jerry Clark, City Engineer i SUBJECT: Taylor Park Storm Drainage { 1 Bids on the Taylor Park Storm Drainage Project have been reviewed by the Engineering Division. It is our recommendation that the low bid of Calvert Paving Corporation on (C.) Dudley a street, (D.) Alley, (F.) McCormick Street Channel and. SP-39 2 Project signs, should be accepted. This bid is in the amount j of $191,572.36 with 47,5 work days. i From observing bids on this project and other recent bids, it appears that the period of receiving one or two very low bids has come to an end. Apparently, the less stable contractors have retired from the market, and the survivors have enough a work to keep them in business. This will obviously make our tight project budgets more difficult to stretch, r Jet! ~ i 054 bE g i i I 34 f F V LJ FYI LLL=j 3 Lj~l I j j S i i I -1-FT fill N 0923L NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ` ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH I PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an ! amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; f NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there6'lic calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or 'to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: i PURCHASE ORDER NUMBER VENDOR AMOUNT 83140 GENERAL ELECTRIC CO. $20,561.00 83546 BOWLES & EDEN CO. 10,545.37 83744 CONSOLIDATED TRAFFIC 31,632.00 84045 WESCO 129433.95 SECTION II. That because of such emergency, the City Manager or es gnate employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the r' 1 V r -s I 01 r attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purcnase: by the City from the requirements of competitive bids. SECTION 71'. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the 19 day of APRIL 1988. f PAY E E , MAYOR CITY OF DENTON, TEXAS g a ATTEST: JENNIFER WALTER91 CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r CITY OF DENTON, TEXAS q i BY: 3 x r PAGE TWO 4 DATE: April 19, 1968 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SU8JECT: Emergency POT 83140 to General Electric for $20,561.00 REC0110DATION: t We recommend approval of this Emergency PO to General Electric Company i in the amount of $20,561.00. f + SU141ARY: 1 This P0. is for technical service in the overhaul of Unit 05 Steam ' Turbine Generator. This is a consulting service which has been i required for this type of repair. 1 BACKGROUND: PO Copy PR06RAM5 DEPARTMENTS OR 6ROUP5 AFFECTED: Repa r o Steam Tur ne Un t ectric Utilties Department. FISCAL IIIPArT: 1 u gee gunds Utility 610-080-0251-8339. There is no additional impact on the General Fund. Respectf y submitted: t. Lloyd ,Harrell City Hanager s { ' Prepared by: j hn J. arshaTl; C.P.M, ' tle. Purchasing Agent Approved: n J. Marshal , C. P.M. Purchasing Agent 1 1~ s" CITY OF DENT0il, TUAS 921-13 TEXAS STREET PURCHASE ORDER DENTON,TX76201 P. O. NUMBER DATEIVENOOR NO. DOCUMENT Ty 87140 04/01/48 Cos GEN73500 VENDOR SHIPTO: , GENERAL ELECTRIC COMaANY ELECTRIC PPnr)tJCTION 8101 STF.MMONS FR£FMAY CONFIRMATION f1NLY P.O. RC" 225821 no Nf1T OUPLIf.ATF DALLAS • TX 75222-15821 REVISED i $a Sfil1T na=nar ITEM ACCOUNTNUMBER UNITSNUMSER DESCRIPTION AID NO. LINEAMOUi' 01 610 GAO 0251 A339 29 DAYS FEES FOR A technical 19040800, F 02 610 080 0251 8339 SERVICE MAN TO nVERHAU.05 UNIT 03 610 080 0251 8331 9EARTNG. STOP VALUE &TURBINE 04 610 080 0251 8339 STEAM CONTROL V!.LVES 05 610 080 0251 8330 29 DAYS TRAVR 725401 f 06 610 080 0251 8339 29 DAYS MEALS 34N.0C i I j . r TM::.ityof Donlon, Texas Is tax exempt-Ho -:j Bill No. 20. RNf•ence PA, Number on all SIL, Shipments and Involeps. / Shlpmentsaro F.O. S. City of Donlon, oral Indicated. By Sand Involoss TO: Direct Inglddss TO: tally of Denton, Accounts Payable John J. Marshall, 0. P. M. Purchasing Agent 115 E. McKinney St., Donlon, TX 76201 Tom U. Shaw, 0. P. M Alit, Purchcsing Agent (or as Indicated on Purchneo Order) 611!566-6311 DIFW Matto 961-0002 The City of Donlon Is an equal opporlumlly employer I it f t DATE: April 19, 1988 ► CITY COUNCIL REPORT $ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Purchase order 483546 Bowles and Eden Co. t RECOINENDATION: We recommend this purchase order in the amount of $10,545.37 be approved and processed for payment. t SUMMARY: This purchase order is for pipe and fitt!ngs for the water line e ! relocation in conjunction with the new Loop 288. 135 interchange. The original order was quoted in the low bid amount of $9691.700 however since pipe is manufactured in 19 to 21 feet random lengths an over run was created increasing the total price to $100545.37. Item 1 w,s ordered at 300 ft. and shipped 360 feet. Item 6 was ordered at 600 ft. and shipped 640 feet. s BACKGROUND: Purchase order 83546 and 83546 revised, tabulation sheet and Bowles and Eden invoice. PROGRAMS DEPARTMEBTS OR GROUPS AFFECTED: } ater t y FISCAL IMPACT: a er an ewer bond funds 623-008-0461-9138 S Respectful y submitted: Lloyd . Harrell E i - City manager Prepared by: Name: Tom D. Sbaw, C.P.M. Title: Asst. Purchasing Agent Approved: h J. Mat, , C.P.M. ties Purchasing Agent i f., I N CITY OF DENTON, TEXAS P 901-S TEXAS STREET PURCHASE ORDER DENTON, TX 76201 8ER } P. 0, NUM. i DATEIVENDORNO. DOCUMENT Tl i 03546 04/06/99 x,17 RDW5250d t VENDOR SHIP TO; RnV,'LFS G rnFN rn. WATER G SFWFR FIELD SERVICE E'en. DALLAS* nnX 4TX7055 7SP47 CONFIRMATION no NOTMDUPLIC.ATIF I N } REVISED t i.e r rnnrocrnee oeay! A7SAR SFMt A~~A9.-A4 J ITEM ACCOUNTNUMBER UNITS NUMShR DESCRIPTION BIDNO, LINEAMOU r 11 623 008 0461 913A 300 12"DUCTILE IRON PIPF. M/RURRF.RS 408940 'P2 623 009 0461 91:18 40 A" DUCTILE. IRON PIPF. w/RURAFRS 301060 I 13 623 008 0461 9138 P 12"X8"AF.DUCFP MJ XMJ 1173.4('; 04 623 OOR 0461 9136 4 A" 48 BENDS MJ X MJ DI 05 623 008 0461 9139 2 A" SOLID SLFCVF LANG MJXMJ 106-8( 06 624 008 0461 OliAn 600 6" DUCTILE IRON PIPF W/RI)RRFRS 40A9.bt 07 624 008 0471 9136 4 e" 22 1/2 RENDS MJXMJ DI :2Ae4C 418 624 008 0471 913x1 2 A" 43 RENDS M.fXMJ DI 114e3C d9 624 008 0471 9133 4 A" SOLID SLEEVE LnfIG MJ r1T 213.6('', I ; s i s 1 n,e City of 0enlon,Tekee U tax exempt-House Blll No, 20. r,,,A, Fern a.a` s A.a aa_ Reference P.O, Number on all BIL, Shipments and Invoices. Shipments are F. O. B, Clty of Denton, area Indicated, gy lend Involoss TO, Direct Inquiries TO: City of Dotson, Accounts Payable John J. Marshall, 0. P. M, Purchasing Agent 2161. McKinney St,, Denton, TX 76201 Tom D. Show, 0, P. M. Aast. Purchasing Agent (or as Indlcsted on Purchase Ordso 111N666.1311 DIFW Metro 267.0042 No City of Oenlon Is an equal apporlunIty employer ri I 11 , i. I f CITY OF DENTON, TEXAS 901-8 TEXAS STREET PURCHASE ORDER DENTON, TX 70201 P. O. NUMBER DATEIVENDOR N0. DOCUMENT T 83546 04/06/88 C17 ~ nOW52'S00 VENDOR SHIPTO: ROY.LES G COF.N CO• WATER 6 SEWER FIELn SERVICE A CONFIRMATION ONLY DALLASOXTX7075247 C ONFIRMATION OD NOT DUPLICATE REMISED ITEM ACCOUNTNUMSER UNITS NUMBER DESCRIPTION SIDNO. LINE AMOU 01 623 008 0461 9138 300 120DUCTILE IRON PIPE k/RUB8F.R5 4•!S89.0 02 623 006 0461 9118 40:8" DUCTILE IRON PIPE 1NRUHnFR3 301.6; 03 623 008 0461 9138 2 12"X8"RE000ER MJ XMJ 173.4; 04 623 008 0461 9138 4 AN 43 BENDS MJ X MJ Di 228.6 05 623 008 0461 9138 2 A" SOLID SLEEVE LONG MJXMJ 140648' 06 624 008 0461 9138 600 8" DUCTILE IRON PIPE 1r/RUBBERS 495A966 07 624 009 0471 9118 4 8" 22 1/2 BENDS MJXMJ 01 228.4'j Oa A24 008 0471 9138 2 A" 49 BENDS MJXMJ DI 114.3+' 09 624 008 0471 9138 4 a" SOLID SLEEVE LONG MJ ni 2i3.6+a I The City of Denton, Tsxat Is tax exempt-House 9111 No. 20, TnTAI onn e_p- * n As! _'q' Reference P.O. Number on ah SIL, Shipments and Invoices. Snlpmenta ere P. O. B. City of Denton, or as Indicated. gy Send tnvolcee M. Direct Inquiries M. l City of Denton, Accounts Payable John J, Marshall, 0. P. M. Purchasing Agent 2131. Moldnney at., 0enlon, TX 70201 Tom D. Shaw, 0, P. M. Aast. Purchasing Agent (or is Indloaled on Purchase Order) 81N300-8511 CIFIN Metro 28?-0042 The City of Der, ton Is an equal opportunity employer it n` 1. I f CITY OF DENYONj TEXAS `a y (v -!&te.WEr8TREET PURCHASE ORDER DENTON,TX78WI AO.NUMBER 1 i DATElY5N00RN0. Cf'6 ECF1C6rMAR 2 2 1588 T i A.154r' 1, rlna5~sq'; I VENDOR SHIPTO i FIEWLES P Fr)F11 Cne l•'ATEc' 1 S~.'ir.p rfFLr1 rFPVICF P.r,e r34x 47185 frf4FlPMAT1nm rMLY l 1nLLAis TX 71i^.! nn Nr1T nIJOLICATF f ' ITEM ACCOUNTNUMBER UNITS NUMBER DESCRIPTION BIDNO. LINEAMOL ?1 6,3 oon o461 91313 V41 2„OUCTTLF TPnN PIPE M/AUnfir;pS 6?3 WA r>461 9178 n NWTILF 1rnN PtPr W/AUflnCPS 7mtI A, ?09 Q4G! 911fi 2°xs"Prnllfru MJ XMJ 177,0 4 623 CDR ?441 013n N 45 nrNnn MJ x MJ of ?2Rey -'4 F03 9?A 04r,t n1 7P ^ A" enl.Tn ".rrVK L.rNO MJxt!J I1AerI ';6 61`4 CIA 0461 911A n1ICTI1-07 TflrN Ptro w/PrJnnrp 4~5+e~rf •;7 624 009 0471 91IA 4 Aft PP 1/2 RFNnS MJXMJ It ' '`A 604 098 0471 9138 P.Pff 413 AFNOS MJXMJ nT 114.?Y 9 624 COS 0471 911A 4 AN Snl,fn SLprvr LnNG MJ 01 21,140 3 i l e lr v f 3 6 2.7,, , Y he CI ly of Denton, Texas le lax exempt-House 8111 No. 20, rn r 4 F n!"> n. n _ q R.f f 7 Reference P.O. Number on all 8/1, Shipments and Invokes. Shlpmenls are F.O. B. Cltyat f +nton, orae Indicated. By R.R. Number hems Recelved Date Voucher Number A ount I 1 I i I N 1 0 ' , ~ I I I I PURCHASE ORDERI 81546 1 TRANS I BONLES I I ` ..................................................I TE1 t k I 1 I DUOIEI PIPE i F)ITINSS I SUPPLY I HENS I I I I SUPPLY 1 I t(FEi TELEPHONE DUOTE I I I I I 1 1 I ALCOUNII 627-p8.14b!•9178 I I I I ~ ......................................•._.........I..............I....._.......I._........•...I..........._.._. I I I I I j 1 I DIY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I I I 4 1 I 1 1 I I I I I 1 1 1. 1 361 112' DUCTILE IRON PIPE t 12.75 ; 12.61 1 1 s I I I I I 2. 1 41 18' DUCTILE IRON PIPE 1 2.61 1 7.54 1 1 f 1 I I I I I 3. 1 2 112' 1 8' REDUCER NJ 1NJ 1 88.61 1 86.11 I I I 4. 1 4 IB' 45 (ENDS NJ 1114 DI 1 58.41 t 57.15 1 1 I 5. 1 2 18' 901.11 SLEEVE IONS M) I NJ 1 51.511 53.41 1 1 I I I I I I I ! 6. 1 601 11' DUCTILE IRON PIPE 1 7.61 1 7.54 t 1 '1 1 I I I I I ~ - 1. 1 4 11' 22 112 LENDS NJ I NJ 11 1 58.31 1 57.11 1 I 1 I I 6. 1 2 18' 45 BENDS MJ I NJ DI 1 58.41 1 $7.15 1 I I 1 I i 4. 1 4 II' SOL11 SLEEVE IONS NJ 11 1 $4.51 t 57.41 1 I I I I I 1 I ` I I S 1 1 1 I I I I t I I I 1 t I I I I i I I I 1 j E 'r.lyu YKkWt r' Nt. 1'L+.YI 1 I I , f i k4 Jr it I` INVOICE DAIE &OPPLD HIVI'EH NU_ INVUIUE U_ATE _ INVOICE NO PO oWe Co, 3/19/dd 21 1621-I,1 ~ 31211438 231821-Q1 -1 'I ula 15~0N ON c INu h iNifrC [b Nrpq uh I L OAIE ORDER D SLSM CUST IJO ORDERED BY GUST. ORDER N0. P.O.BOX8328WACO.TEXAS 76714.8328 3/U9/88 1 1998 uENISE P•O• 63546 (817) 172.7910 _ _ JOB NAME CITY OF WITON CITY OF UENTUN MY OF UENTUN MUNICIPAL bUILUING 51uP CALL 540-000; OEFOKC UENTUN TX 76201 10 LELIVERY } - J L - - - --J - ` BRANCH NAME SPECIAL INSTRUCTIONS iEA3 RANCH 1945-1965 40 YEARS OF SEHVIC NET 30 GAYS f vti~ LA" J~E -icrr~-k~la:'RT FIPt ES-TINATIM 4-i', ii-q a i-Q [TI-TY sHIP VIA T ITEM NO O Ff DESCRIPTION UM UNIT ` EXTENDED ORDERED SHIPPED BACK ORD PRICE PRICE 20915 240 12 X 8 MJ D.i9 REDUCER CL EA 86.70 113.4Cj } 2•J L/ACC II 2UGH 4.U 8 14J U.1. 42-1/2 ELL CL L/ACC EA 57.10 'LG8.4u? 4*0 { 20872 6.0 8 PJ D.I. 45 ELL CL L/ACC EA 57.15 0 342.9J! 'A 6•J 1 2US84 6.0 8 X 12 MJ D.I. SLEEVE TC EA 53.40 'Q 320.4u I 690 N/ACC j f 16748 3490 8 MJ ACCESSORY SEI COUPLETE EA .OC 3490 GLAND-PAC € 16750 240 12 MJ ACCESSORY SET COMPLETE to .00{ 290 GLAND-PAC ! I r , I ei riT so - _ 51665.12 IMOICEN£T BUNLES AND EOENS CO* OEPT9 00648 S SALES TAX S•O'U j DALLAS TX 75k84)696 ~ PAYMEWAMOUNi '_.I __1.-_____._._ INVOICE TOTAL f106S9I0 WS APJO CON0IUONS OF SALE tHE SELLER RESMvES THE RIGHT TO CIIAROC I kiriNTlty 7,ERvICE aaRc'~E HOR IE MAx7f jir PER~IIftEO By I'll ON ANY PAST DUE. UIIPAIO BALANCES IF PAYMENt TERMS ARE llEt 10TH PROX INVUII ES AHC C.CNI50t.raEU PAST DUE Ir oli__F Pkeklt.Nt HAS NOT BEEN RECEIVED I THE 10TH OF THE MONTH FOLLOWRq tHE MOFIT/1 OF ISSUE MATERIAL MAY NOt Ut I7FturulEtl FLKI CREDIT UNLESS PPILiR AUTXMIIATION HAS BEEN IAINCR I,IptCRIAL REfU171ICD WITIJ I,N IR AUi11fN11) AtKift IA f.UPlFr,r hl AP4'L'CI01fI A0I1 IIMIr%RRI !'IIAI1!1r8 Rr Trl yog, PY 11Ir CotoII10N OF I IML ALAI CLAPSEU jiw Ur WMAWil. NEW MATERIAL WILL LIL IUItl VIII II IU IU 11 A( L Ali, MAIT.IIIAI. I IA0111 H1 UI III Ift IIVL PAJ CLAIMS FUN LABIlll 0P oF~in,rui n,u,rrn unn nr •i, n, Irn F I 1 r - P INVOICE OA1 E SruPPED SHIPPER NO IiavOi(,E DAZE ~ INVOICE NO 6 ~0WKa7d161Ih1 co. ? u v slaty Or ct l rAL an l o CUM ruw.r on pAtE UROER D SLSM { CUSP NU S fR ERED BY DUST ORDER NO P0 BOX 8328 WACO, TEXAS 76714.8328 ' {817) 772 7910 __4-- rrJOB NAME ; 1 I 'I c 1 f rllY +'F i. P.TU' Y IA NIL, ,°LD NUAli It°..L '.IJLLutbl; SHIP 1.1• I L'..'1 To (A hTu L J l_ -4 CRANCH NAME _ SPECIAL INSTRUCTIONS TERMS h1 6A:+_I'*1-bf kLh#Ui';41T4m#a#N O; A f.rel I':T ) !Y: F gfirL«1 I t 1 1 i T S : r L i1L1 e, . 1 I VIA _ ~ OU TITY UNIT EXTENDED ? 1ORDERED SHIPPED EIACKORD DESCRIPTION UM PRICE PRICE i•Ja L'L ii LUCIiL~. 'T l?•47 rl°.'?.`.` J, Str[~L dill PIPE )7J• LL it e:IJ';T1L lf..r; r T 5'• ~ u4o•j ?1P>: ~ 1 MC ILN1Ut, 2 554E E ~ I i i 1 J e ~t I' I J ACCOUN'' ING E 4 FF 6 I S a j EMIT TO: VY--•~~ A'1C 11 c i L~' INVOICE NET 'ILeL:S r - Ii r T i L: U!: 9 SALES TAX I PAYMENT AAIUUNC- INVOICE TOTAL EFMS AND CONDITIONS OF SALE THE FELLER FESERVES THE NGHT -0 CHARGE I", MONTTILY SERVICE CHARGE 1011 THE MAXIMUM PERF,IItTED BY '4i ON ANY PAST DUE, UNPAID BALANCES IF PAYMEIJT tERMS ARE N£1 10M MOX IfruTJICES APE CONI:IMIIEO PAST out IF PA,MENT HAS IJOt PEEN RECENED N THE 10TH OF THE MONTH FOLLOWING THE MONTH OF ISSUE. MAIERIAL MAY NOT BE Pe Nrit ED h;R CP£DIf MESS PRIOR AUfH0R12ATpN HAS BEEN 'IAII,.IIAD ANUTERI ".C OEt ME ODD 1WIt"1 Min NLWTIAII(Ytl1n LOWILL Ic! UCIf UEMtu IItN IIInI IE rI IAf CANY AIM1 I'IrI~lLJ0UU1rINRI0 DI.N I LIAANL NU CLAM{ FW LA "l WI ,NtiFfX rNTlsl fuAI~gCQ Will PP U. I mr h A i h ► DATE: April 19, 1988 I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd U. Harrell, City Manager SUBJECT: PURCHASE ORDER 83744 Consolidated Traffic REC014•IENDATION: F0 recommenc this purchase order in the amount of $31,632.00 be approved. y 1 SUMMARY: -11115 order is for the purchase of highly specialized single source I material necessary for the upgrading of the traffic co,itrol system. I This order is for the exchange and redesign of controller cabinets and can only be obtained from one source, the original manufacuturer. State law allows for an exemption from the bid process for purchases of this type. i ti 3 BACKGROUND:' Purchase order 83744 letter dated 2/23/88 Consolidated Traffic. PROGRAMS dEPARTMENTS OR GROUPS AFFECTED: t E, Traffic Control 1 r. FISCAL 111PACT: Traffic Control Bond Funds account number 436-020-GO87-8718-9105 Respectfully submitted: 1 a Lloyd Harrell City Manager ' I 1 P pared by: ' Name; Tom D. Shaw, C.P.M. Title:Asst. Purchasing Agent i Approved: me. Jo Marshall, C.P.M. iltl4 furchasing Agent i I. CITY OF DENTON, TEXAS 901-8 TEXAS STAEET PURCHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATEIVENDCR NO. DOCUMENT T 131744 03/18/88 505 CnN56300 VENDOR SHIP TO: CONSOLInATEDTRAFFIC CONTROL CITY OF r)ENTf1N4 P.O. BOX 3461 ARLINGTON9 TX 76010 ! i TRAFFIC CONTROL I I I I ITEM ACCOUNTNUMBER UNITS NUMBER DESCRIPTION BID NO. LINEAMOU 01 436 020 G087 9105 1 F.A EXCHANGE IP80 IIPHASE FOR 400.01i 02 436 020 G087 9105 1880E 8 PHASE 03 436 020 G087 9105 1 EA EXCHANGE I880 4PHASE. FOR 650401 04 496 020 G087 9105 FOR 1880E A PHASE. 05 436 0204087 9105 R EA EXCHANGE 1800 2PHASE FnR 710.0 06 436 020 G067 9105 1880x? 2 PHASE 07 436 020 G087 9105 7 EA 1880E 4PHASE CONTROLLrR. 104?0.0~ 111 08 436 020 G087 9105 LARGE FRAME W/O THC I 09 436 020 GOBI 9105 8 EA T9C HODIJLE9COMM.Mn0Ul_E65I0F. 11.072.011 10.436 020 4087 9105 PANEL W/CABLES 11 436 020.0007 9105 5 EA* SWAP 3800ISFOR TP1' MOOULEG 12 436 020 6087 9105 COMM MnOULE 6SIDE PANFL WITH t I 13 436 020 G087 9105 CABLES N/C 7 k 14 436 020,G087 9105 1 EA2-1880E 2PHASE ASSEMOLIF.S IN 8*450.0t` 15 436 020 6087 9105 ONF NR"CABINETMITH CONTROLLER 16 436 020 G087 9105 WITHnUT LnAO SWITSHF_S i I ` i i I 1 no City of Denton, Texas Is tax exempt-House Oil? No. 20. Reference P.O. Number on all Bill., Shtpments and Invoices. Shipments are F.0. B. City of Donlon, or as Indicated. By Bend MvolOas TO. Direct Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent 216 E. McKinney St., Denton, TX 78201 Tom D. Shaw, 0. P. M. Asel, Purchasing Agent (a as Indicated on Purchase Order) 81 iWa-8311 0/FW Metro 287-0042 The City of Denton Is an equal opportunity employer I r b;s Consolidated Traffic. Controls, Inc. February : 23. 19881, i If t ~1 a' I!1 ( ~ IIT+rt( i r. I r i r. I + i /Illt ii,'>• I n'. `r."ti _ :1'S : I 'fit la~4i " 1 i I l I''I • r. i \1i I I 'NZ~r S, r~. 4. t' City of Denton I. IF I. :j t' C/o Jerry Clark l "r+' I.'i r III I, i, ' ~.LSp City; Engineer' ~.I A4 IF W, I , `~,1 ' N+r r • ' r, " r ' , too 215 McKinney A OF 7.4" r h 1 1 I r trt ,»ti Danton+ TY 7,6201, ' r ; t I • At' II, I P, F, I , f t,r.Ij ' , .1 r , :ir Deer ',Jerryt A ti a=~ 1.1J,'rtirtlt,. r.,~ I+,.V?L" nr .r.', f ~••,i r n" Consolidated, TrofficsControlsAt IneA. is'pleased 'to submift the folloving,formal 1 quotation for the',Traffic,•Signsl Equipment', that vas discussed during Dale •r I i. r + r. 1 ' ,Thomson's recent 'visit: t0 Denton, oI: 1 . . 1 I,, ttY , r. ti ''ft. '1511 i or A ~tl ; f, rr li i " I •t 1 , 7 Ir, r ry "~rj'l ant it r Description 'Unit Price III -A 4 1t >t 1/ ,a,'.r ~~l r'.F 0- 19802 M r ,MI ~;+I',,I 1 t ,.y;BS:ch~ngo'1aA9`8'Phass,4or 1880E 8 Ph se opt`' ~$4001,4 4P I, 880 14 se 1 ' s y.r+~ +.`„I2 •i1r, E:chse eA 1880 2 Phase forr1880E " Phase I'eI;F Ai e'r'r 365 2 fit;' I• 8 ;"r7 1880E 4 Phesel'Controllers +Large Frame without IN 1114901, 't+l• t IAA 14 : IF .~8 lr,r.t'iTEC Module & Communication Nodule & Side Panel 'with 1,384 ;4, "j f f'r lkt Ilr,r + M .'r.r'1 A.~,.*!~%'r '.I "P:" r, 7 Cables •'~Y; Y t rt A , 41 ".t' l ' it, 'r+ I „ ap 3800,1sjfor TBC Module,'& Communication,Module 6„':''~ ! 741.t,' 4 '.`,t ati % ; Side`'Panei'vith Cables' ' ; IF 1. ! I, r , ;i ~ 3S 4'2-1880Bi 2,Ph±se Assemblies An one OR",,ICabinet'vith ; ; t F` [ •,r''' ;Controllers* .vitbout:Load Bitches ,;,r X8,430'"~+ '.i'YDC WYA;Load"Switch with Indicators ' V. V7VIA.. 'r~45>y► ;I Open :Canoga;ModsL~A24T,,Yobicle'Dateciort~ a ,•;!399 rl t A l1 r r r r , 1 i ysfr~,r~fi;;/;Open c Ei.Ceaoga-Node1fR124,Yover'SuPP1Yt•VSh'i •'IF 1,11' ! /f ,Ir hdr', It D . a y r., , r 11 f Deliraryt~t60-90'dsys1 AR0. Shipping) 'FOB deatinet Lon, ,4%Termst Net O days. `;lJf r..: I.: r, L•.r1 N.~9 IY. I'I~p.~: .~•.w ,~ls•~ 1, I~'',• %Thank you''for this Opportunityrto'be.oE service. Should'you,require additoot. tLonahinformation.'please contact ma. 7 , J IF' ' At ..'1 •i Y'. ,.L:r It, I 7~• • r, , . 1 rl rt ~N,I It,,.l1 14 rM1 Ie iy'•rtN, It At l '1"+r N 1w1, Sincersly 'youCa,''r=' 4 '1oI`f, I ; 1, ' 1♦. 11 I, ♦i.: Iry' ,~y t.., b `N~!~/• S , , I ' r ~a.l .I:..../ r. r r S I N~'. r r 1 I" i' , I r j . IF, dh+ti~ `Jerryester fO'1 15." AFir ep-,.: s= Soleo .Engineer " 1 ; „ J iS r?.1'1.. 3.1' ',y 1 I I tJ If ' , \1 S~ • 1L. v'1~1 r • , 10 F*-: 1Q et u I 1 Ir -'JP e d f , f, + P.O. Box 3401 a Arlington, Texas 76010 As Telephone: (817) 265-3421 N l• r , . Jlr . 14. ..1. r.~r.w /,t • y .'yM!M nT'',I,•}1. A , 4 DATE: 4/19/88 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Purchase Order 184045 Wesco I RECOIVENDATION: # We recommend this purchase order in the amount of $12,435.95 be approved. G SUMMARY: This purchase order to Wesco in the amount of $12,435.95 is for the emergency purchase of PVC Conduit and associated fittings. This material f is to be part of the Utility Line crossings of the Loop 288 at Etuart Rd,, r k US77 and Bonnie Brae. r x. BACKGROUND: Tabulation of telephone quotations, Memo from Utility Department. PRO- M145, DEPARTMENTS OR GROUPS AFFECTED: I Electric Distribution ? FISCAL IMPACT: This material will be purchased through the warehouse working capital and reimbursed by Electric Bond Funds. Respectf ly/:uubmitted: CitydManagerrell " spared bye Name: Tom D. Shaw, C.P.M. Title: Asst. Purchasing Agent Approved: n I John Jhali, C.P M. 1tld: Purchasing Agent ` i i CITY OF DENTON, TEXAS 801-8 TEXAS STREET PURCHASE ORDER DENTON, TX 75201 I G _ P. 0. NUMBER OATEIVENDOR NO. DOCUMENT TYrr 84045 04/url/RN C02 4 WF.S49n00 VENDOR SHWO: 4FSPR MAPFHnUSFS 1705 CYPRF;9 STPEFT CnfiFTRMATION ONLY i P.r's nDX 37079 Dn HnT OLIPLICATF I FOPT WnPT11 7X 76117 CONFIIiIMATION N ~ . ITEM ACCOUNTNUMBER UNITE NUMBER DESCRIPTION BID NO, LINE AMOUN +l 710 043 001 A2 8700 5000 FT CnNDUTT PVC 4"X20t SCH A,1 R■AA6.'SO~ +7 7110 04.1 05A2 97118 2000 FT CONDUIT PVC 5"X201 SCtt 40 4■043a60= 09 710 043 05A2 A7nA 1500,FT cnNnUTT PVC 2x X 201 SCM40 760.031 +4 710 043 0582 870A 15 REND 4" X 45 nEGREF SCH 40 118.001 5 710 043 05A2 A70A PO PFNn 4* X A0 nFGREF SCH 40 ?02.00 •6 7t0 043 05AP A70n 10 emn 5^ X 45 nFGRrE RCH 76 140%.00 E 7 710 043 058^ A70A in ACNn 5" X 90 nF.GRFF ACH 36 ?.00.00 i { A 7t0 043 0582 A70n in PFND 2^ X 45DFGRF.F. SC11 24 94.60 +n 710 043 0382 874n 10 BFSrn P" X 90 nEGREF SCH 40 95.20 i i I I 11001t of Denton, Texas is tax exempt-House 8111 No, 20. 00701, Fna Pang 1211495.445 i Reference P.O. Number on ell Olt, 811ipmente and Ineolces, Shlpments ere F.O. S. Cltyof Denton, ores Indicated. By Bend Invoices TO: Direct Inqulrla TO: City of Denton, Accounts Payable John J. Marshall, 0, P. M. Purcheeing Agent 218 L McKhney St., Denton, TX 78201 Yom D. Shaw, 0. P. M. Alit. Purchasing Agent (or as Indlealed on Purchase Order) 817188E-6911 D1FW Metro 287-0042 TheClty of Denton Is an equatopportunltyemployer ;i Y k .a -y i i I I I I PURCHASE ORDERI 1 84145 1 CUMMINS I DEALERS I NESCO 1 NELSON I TEMPLE I ' I SUPPLY I ELECTRIC 1 1 ELECTRIC t 19, 1 DUOTEI PVC CONDUIT I MIMS I i I 1 I °-•-•-•--•--•--•---•-I I I I I iYPEI TELEPHONE DUDIA110NS I I I I i I I I I I 1 I X6 pCfOI1M1 1 TIT-143-FSB2-B1B8 I I I 1 I 1 I $ I I I I I I 1 I I I ITt I ITEM DESCRIPTION I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR I i 1................................ 1.............. I--•---••••_._.I.............. I........_.....I. I y~ I I I I t 1 •--_...____..1 1. 15181 F1 ICOwDVIT PVC 021' SCH 41 t 144.64 1 141.75 1 137.33 1 141.62 1 151.11 I ' I i 1 I I I I 1 ' 2. 12111 FT ICONDUIT PVC $6121' SCH 41 1 211.95 1 283,61 1 212.61 1 196.36 1 217.11 1 I 1 I I I I I I 3. 11511 P1 ICONDUII PYC 2'128' SCH 41 1 41.71 1 51.91 1 51.67 1 49.63 1 54.11 1 I t I 1 I I I 4. 1 15 IBEND 4' 1 45 DEGREE SCH 41 1 ?.23 1 11.21 1 9.21 1 1.97 1 ?.63 1 ( 1 1 1 I I 1 I S. 1 21 IBEND 4'1 91 THREE SU 41 1 11.19 1 11.15 1 11.11 1 91.81 1 11.26 1 I I 1 I I I r 1 8. I It IBEND 5' 1 +5 DEGREE SCH 36 1 14.95 1 16.25 1 14.61 1 14.53 1 15.41 1 , I I T I I 1 1 7. I 11 IBEND S' 1 91 DEGREE SCH 36 1 21.15 1 22.35 1 21.11 1 19.59 1 21.11 1 t 1 I 1 I I I I 1. 1 II IDENO 2' 1 45 DEGREE SCH 24 1 2.41 1 2.75 1 3.46 1 2.34 1 2.54 1 ' I I I I I I I i I 11 IBEND 2' 1 91 DEGREE SCH 41 1 3.61 1 4.21 1 3.52 1 3.49 1 3.71 1 • ~ I I I I I I I 1 1 I MANFACIURER I CANTEI 1 DAY PLASTIC I CARLON I CANTEN I CARLON 4 I 1 I i I I I 1 I I DELIVERY 1 4 NX 1 3-4 KX 1 1.2 WK 1 4 NK 1 1 WK I I I I I I I i i I I I I i I I I I I I I I I 1 I t it D f airy of DLNTCNp TEXAS 215 E. MCKINNEYI DENTON, TEXAS 76201 / TELEPHONE (817)566-8200 John Marshall, Purchasing Agent r u From: Joe Cherri, Electrical Engineer if d VA tr_: April g, lyIla Subject: PVC CONDUIT FOR HWY CROSSINGS HID # 9813 Two successful bidders had submitted the proposals on March 24, 1988, for t'urnishing steel encasements and installing city of Denton PVC. I conduit far HWY crossings at Loop 288/Stiinrl Rd./U.S. 77/Honnie lime. 'rhe Utility Staff decided not to order the conduit in advance until the rseCe will be trio high and bid evaluation is done. Weosusperinltth.,%t ehou we end p In order to meet the III¢hwnv crossing perinIL and contractor dates. wt. € derided to order the above conduit under emergency situation, i Thank you for yo+tr consideration in this matter. f L001,11% r i , i ~I I I 1 i f i i 1 1 i e i i 4 2292L i NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT i AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND JOE W. SHERRILL, ET UX; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I, That the attached Settlement and Compromise Agreemenetween the City of Denton and Joe W. Sherrill, et ux, providing for the settlement and compromise of the litigation now pending between the parties before the Court of Appeals for the Second Appellate District of Texas in Cause No. 2-88-013-CV, is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of , 1988. i 4 RAY-9TE'~RENS 9 MAYOR ATTEST: JENNIFEK R , CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: O I r~ r. e 2291L t THE STATE OF TEXAS COUNTY OF DENTON , COMPROMISE SETTLEMENT AGREEMENT f THIS AGREEMENT is by and between JOE W. SHERRILL and wife MARY i LAJEAN SHERRILL, herein DENTON TEXAS , referred a municipalj corpoY ti nlaoftthes,Stat tof CITY OF DENTON ' Texas, herein referred to as Defendant. RECITALS A. On or about December 1, 19820 Defendant entered upon Plaintiffs' land for the purpose of making certain drainage improvements in conjunction with the construction of street improvements fronting upon Plaintiffs' land. B. On or about January 249 1984, Plaintiffs instituted an action for trespass to try title, declaratory relief, and for dam~ggee aainet Defendant in Cause Number 84-44 Te as, filed based upon s entrand in the fetal 21 d t of use t of c Denton County, such g 20, 1984, Defendant filed its answer C. On or about February to said cause of action and its Counterclaim for Condemnation seeking g 0. 704acquisition acref of a iffs'enland ias gmores on and described in Exhibit "A", attached hereto and incorporated herein des by reference. D. Pursuant to DofendanC's counterclaim for condemnation, and in accordance with an Agreed Motion to Set Security Deposit in the Condemnation Proceedings, Defendant deposited '15,000.00 ffso and registry of the Court, which was withdrawn by Plaint I Defendant thereafter lawfully entered and took possession of the k property condemned. E. On or about October 19, 1987, said cause was called to be tried before a jury on Plaintiffs' claim of trespass and Defen- dant's counterclaim for n e a verdictathereon r the presentation of evidence, the jury F. On or about November 14, 1987, the Court entered a final judgment upon the jury's verdict, awarding Plaintiffs money kJ damages for trespass and compensation for Defendant's counter- claim for condemnation and awarded Defendant a permanent drainage easement on and across the 0.2704 acres of land condemned. G. On or about January 14, 1988, Defendant gave notice of its appeal from the final judgment of the trial court entered in said cause, to the Court of Appeals for the Second Appellate District of Texas. i H, The parties to this agreement recognize and agree that said suit, the appeal from the final judgment, and the proceedings in connection therawith have been time consuming and expensive settled interest without that all matters it be would be in ompromisedth beat and said the partis parties proceeding further with the appeal of the judgment entered in ' said cause. NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, the parties agree as follows: 1. Defendant agrees to pay to Plaintiffs, in addition to the Fifteen Thousand Dollars ($15,000,00) previously paid into the registry of the Court and withdrawn by Plaintiffs receipt of ; which is hereby acknowledged by Plaintiffs, Twenty - ive Thousand Dollars (325,000.00)0 within thirty days of the approval and execution of this agreement by both parties. 2. Plaintiffs agree, within ten days of payment of the additional Twenty-five Thousand ($25,000.00 by Defendant to Plaintiffs, to transfer and convey to Defendant a drainage be complished by easement onveyedrby the Plaintiffs c to Defendant shall ben ac execution and delivery of an easement deed for a drainage ease- ment for 02704 acres of land, in shown . in Exhibit "A", attached accordance c and s easement incorporated by i reference. 3. The parties agree that upon payment of the $25,000.00 to Plaintiffs by Defendant and the execution and delivery of the easement deed by Plaintiffs to Defendant as provided herein, the attorneys for the respective parties will execute and present an Agreed Motion to Dismiss the cause now pending before the Court of Appeals for the Second Appellate District of Texas, in Cause No, 02-88-00013-CV, so as to vacate the final judgment previously entered in the trial court. 4, The parties agree that neither party shall be liable to the other for any other payments or costs, including any cart COMPROMISE SETTLEMENT AGREEMENT-PAGE 2 I f costs or attorney's fees, which--have not been already been paid prior to the date of this agreement, and each party shall here- after pay any court reporter's fees, attorney's fees, or other I costs of appeal which it has incurred; provided however, that Defendant shall pay any filing fees or court costs for filing and presenting the Agreed Motion to Dismiss as provided herein, and Defendant shall pay and any costs of recording the easement to be } conveyed by Plaintiffs to Defendant. j S. That by execution of this agreement and upon payment by Defendant to Plaintiffs of the sum as provided herein, Plaintiff's do hereby release and discharge the Defendant, its officers, agents, and employees, from any and all claims or causes of action of any kind whatsoever Plaintiffs has or might have as a i result of or attributable to the above-described events or those events described in Plaintiff's Original Petition in Trespass to Try Title filed in Cause No. 84-449-C in the District Court of Denton County, Texas, 211th Judicial District. } 6. This agreement shall be binding upon and inure to the bene- fit of the parties and their respective heirs, representatives, successors, and assigns. e 7. This agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrange- ments, or understandings, statements, promises or inducements contrary to the terms of this compromise settlement agreement. 8. This agreement shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this agreement on the day of , 1988. . PLAINTIFFS SHERRILL JOE W. I COMPROMISE SETTLEMENT AGREEMENT-PAGE 3 r' i f DEFENDANT } LLOYD V L , IT HANAGE. CITY OF DENTON, TEXAS i , APPROVED AS TO FORM: L.A. NELSON ATTORNEY FOR PLAINTIFFS KEN WRIGHT ATTORNEY FOR PLAINTIFFS Z ~ P D. MORRIS c'+ ! T ORNEY FOR DEFENDANT ! THE STATE OF TEXAS COUNTY OF DENTON r i This instrument was acknowledged before me on ! 1988, by Joe W. Sherrill and ' Y Mary L aJean Sherrill. i 1 '.l C NOTARY PUBLICO STATE OF TEXAS COMPROMISE SETTLEMENT AGREEMENT-PAGE 4 r r I THE STATE OF TEXAS § i COUNTY OF DENTON This instrument was acknowledged before me on , 1488 by Lloyd V. Harrell, City Manager of the City _61-Denton, Texas, a municipal corporation, on behalf of said corporation. NOTARY PUBLIC-,- STATE OF TEXAS i i 3 ~ • 1 ~ t i i j COMPROMISE SETTLEMENT AGREEMENT-PAGE 3 i I, E 2293L EXHIBIT "A" THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: EAS_ FMENT THAT JOE W. SHERRILL AND WIFE M County, Texas, " ARY LAJEAN SHERRILL, of Denton and No/10Q ( Grantors"), In consideration of the the sum m of consideration ($1.004 pallbrs, and other good One receipt of which is hereb and valuable E Y the CITY OF DENTON, Denton, Texas, pl grant, bargain Y acknowledged, do by these presents, Texas, sell and convey unto the CITY OF DENTON, Denton, Texas, ("Grantee an easement for the f constructi ditches, channels onstructing, repairins and purpose of locating, pipes, and any necesar a pur teance drainage as may be necessary for collecting and channelling nancea thereto, water into the storm sewage System of the Grantee, over, across, and through the following described tract of land asfolstorm lo~s:runoff All that certain lot, tract or parcel of lend, lying and being situated in the' City and County of Denton, State of Texas, and being part of the T. Toby Surve No. 1288, and also bein Yl Abstract conveyed Maa tract r Lal of leer as conveyed to Joe W. Sherrill and wife of recorded on Volume 433, Page 198 of the SDeeed iRecords eof j Denton Count l follows: Y' Texas and more particularly described as COM"4ENCING at the southwest corner of said Sherrill tract# Said point lying in Sanger Road; THENCE north 1 TH eeid tract a 13' 03" east along the west boundary line beginning; ' a dietence of 18.5 feet to the point of THENCE north 1° 13' 03" east aloe r of said tract, a distance of 2308 the wtotaboundary line corner; point for a THENCE south 88° 46' " ` a point for a corner; 5711 east a distance of 30.0 feet to THENCE south 18° 30' east a distance of 74.10 feet to a point for a corner: j i ti THENCE south 1° 13' 03" west-a distance of 160.25 feet to a point for a corner; _ THENCE north 88° 46' 57" west a distance of 55.0 feet to the place of beginning and containing 0.2704 acres of land, more or less. ' In order to insure the efficient operation and maintenance of said drainage easement and to secure landowners such reasonable use of the land subject to said drainage easement to the greatest extent possible without unreasonable interference with the Grantee's use of said easement for the purposes stated, the following rights, limitations and restrictions as to said easement and use thereof are hereby specified as follows: 4 1. Grantee's easement rights shall include the right to clear and keep clear the surface of the easement of all trees, bushes and roots that might interfere with j the operation of said drainage easement. 2. Grantee shall have the right of ingress and egress to the easement for purposes of repairs, reconstruction . and maintenance only by way of land covered by the easement. 3. Grantee shall not fence or otherwise enclose the easement, but landowners may fence along the boundaries of said easement strip, but are not bound to do so. 4. Landowners, and all subsequent owners of the land covered by the easement shall have the right to lay out, construct, reconstruct, repair, and maintain li streets, roads, alleys, parking lots, sidewalks, walkways, and driveways within, on, and across the easement area so long as such structures and facilities are constructed and installed so as not to unreasonable interfere with Grantee's use of the easement for the drainage purpasas herein specified. 3. Landowners and subsequent own~ire of land covered by said easement shall lave the right to lay out, ! construct reconstruct, repair and maintain water, electrical, gas or telecommunication lines and facilities under, over and across said drainage facilities so long as such lines and facilities are constructed and installed so as not to impair or interfere with the use, operation, or maintenance of such drainage easement. ~f a - 1 I TO HAVE AND TO HOLD unto the said CITY OF DENTON, Denton, Texas as aforesaid for the purposes aforesaid the premises descrbed hereinabove. WITNESS OUR HANDS, this day of 1988. I JOE W. SHERRILL 1 i j I { 1, THE STATE OF TEXAS 4 trt COUNTY OF DENTON 4 t This instrument was acknowledged before me on I 1989, by Joe W. Sherrill and Mary LaJean Sherrill. t NOTARY j F f I 1 1 f t~ i r t, ~A i i k i f iii d {,.I it i 3 I i I f I r ~ .3 19JJ 1 i 4 ~ 4 DATE: April 1[, 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Llcyd V. Harrell, City Manager SUB,E CT: SPRING FLING NO PARKING AND BANNER ORDINANCE j. Recommendation: The annual Spring Fling Festival is scheduled for May 6, 7, and 6 of this year. In order to avoid a severe traffic problem and to assist the Festival with its advertisement, staff recommends the passage of the attached ordinance. The ordinance will temporarily prevent parking on both sides of Carroll Boulevard, from Sherman Urive to two hundred and fifty feet (2504) north of Fain Street, during the Festival. The ordinance will also allow Spring Fling to hang four bananas above our thoroughfares. Background: This is the ninth year of the annual Spring Fling Festival, and the proposed ordinance is similar to those passed in previous years. The past ordinances, as is the case with the attached ordinance, were intended to prevent a two-fold traffic problem. First of all, the routine flow of traffic is disturbed by customers and participants of the Festival. Traffic jams develop which affect two of Denton's largest thoroughfares (i.e., University Drive arrd Carroll Boulevard). Needless to say, such problems in a business district may deter customers and aggravate citizens. Secondly, s emergency vehicles could be detained when traveling through the area. The r probability that the need for emergency service will arise in this area is s higher than normal due to the fact that the Good Samaritan Village is located ' to the north of the Spring Fling site, i As in the past, the tanners will be hung on Elm ano Locust near the Square and on bell Avenue near University Urive and College street. Programs, Departments or Groups Affected: The Transportation Ergincering aria the Electric Distribution divisions will be affected by the attached ordinance. I 1 i F I i I ~ a i i City Council Report Format Mayor and Members of the City Council ! April 12, 1588 Page 2 of 2. f Fiscal lmpact:_ f There will be no financial impact to the City. I t i Respee llyy submitted. U Cloy . Harrell 9 I City Manager s FTepareu by: ar an : Risk Manager Approved: Ycutrane ve Director of Finance E t i 1429F ~II l f ' I E I i ! F I727L I NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES f y i OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF t I 3 FAIN STREET TO SHERMAN DRIVE DURING THE ANNUAL SPRING FLING TO BE HELD MAY 6, 7 AND 8, 1988; ALLOWING BANNERS TO BE HUNG ABOVE i PUBLIC STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION I. When signs are erected giving notice thereof, E' parking sha T- be prohibited upon the following street in the City of Denton to-wit: Both sides of Carroll Boulevard two hundred and fifty feet (250') north of Fain Street to Sherman Drive dur- ing the annual Spring Fling to be held on May 6, 7 and 8, 1988. s SECTION II. That the portion of the above described street ! designat~as temporary no parking shell revert back to the no j parking zone regulations immediately from and after the closing E of the Spring Fling on May 8, 1988. SECTION III. That permission is granted for banners to be hung a ova pu c streets within the corporate limits of the City of Denton. The banners shall be removed immediately following the closing of the Spring Fling on May 8, 1988, or as soon thereafter as possible. SECTION IV. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars. I SECTION V. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, I the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ij ~ f I M f PASSED AND APPROVED this the 19th day of April, 1988. II RA STEPH S, A OR f ATTEST: t. I j l V JENNIFER WALTERS CITY SECRETARY O APPROVED AS TO LEGAL FORM! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY: BY. I` i r 1 L 'i E LLIJ= LIM= I , LIM= E i 3 D a t i i i i ~ y i . i 1 1 ~I J I N I DATES April 7, 1988 1 y CITY COUNCIL REPORT FORMAT TOS Mayor and Members of the City Council t PROMS Lloyd V. Harrell, City Manager i SUBJECTS Adoption of a resolution authorizing the City of Denton to license the use of a designated Duct in its underground Not system in the area of "The Square" for the provision of cable service. RECOMMENDATIONS The Staff recommends approval of the resolution. SUMMARYs E The attached cable duct use agreement provides the terms for the City of Denton to designate a Duct within its system of Ducts to be used by Sammons Communications, J Inc. to provide cable service to "The Square" area. ) BACKGROUNDS The geographic area commonly known as "The Square" is the only major area of the City that does not have cable service (of those areas designated in the original a Cable Television Franchise agreement). There have been requests for service from 5 merchants and residents of the area in the past and recently the Police Department has requested the installation of a cable drop. This service cannot be connected :S until cable is installed within the City's electric distribution Duct system. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDS p Utilities - Electric Distribution j Public Works Administration Potential subscribers to cable service in "The Square" area t FISCAL IMPACTS tl7 Sammons Communications, Inc. will pay to the City of Denton an initial fee of $18,000 and sum of $20.00 per year for the next fourteen (14) years. Respectfu submitted, r I V• I S Lloyd 10 Harrell City Manager 1 Prepared bye Jil+lia Moore Analyst i APPrw.4 by Bill Ange o Director of Community Services ljmO3298836 .i .I t 1 p k . 2095L r c RESOLUTION NO. t t t C A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS j TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND SAMMONS COMMUNICATIONS, INC. GRANTING A LICENSE FOR THE USE OF CERTAIN s ELECTRICAL DUCT SYSTEM; AND PROVIDING AN EFFECCIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: 5 SECTION 1. That the Mayor is authorized to execute an agreement between the City of Denton and Sammons Communications, s Inc. for the purpose of granting Sammons a license for a period of fifteen (15) years to utilize the cable duct system around the Downtown Square, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective imme atd~ ern its passage and approval. y PASSED AND APPROVED this the day of , 1988. i i STEP HENS, MAYOK i ATTEST: i s JENNIFER WALTERS ZEE RET A APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: f E f i f 1 a s CABLE DUCT USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS e AND SAMMONS COMMUNICATIONSo INC. i i F y 1 a e t. f I ' 2095L t i i TABLE OF CONTENTS Article Page I. Definitions 1 II. Scope of Agreement 2 III. Application fur Permission to Install Cable 3 1 IV. Specifications 4 V. Installation and Maintenance of Cable and Duct 4 VI. Rights-Of-Way, Legal Authority and Default 5 { VII. Fee 6 VIII. Term and Termination of Agreement 6 IX. Force Ma eure 7 X. Indemnity and Insurance 7 i a XI. Limitation on Assignment and Transfer 8 XII. Supplemental Operating Routines or Working Practices 9 XII1. Notice 9 k i Attachment Exhibit A, Drawing No. P.U.E.D. 132 Revision Level 0, Dated June 24, 1985 Attachment Exhibit B: Drawing No. P.U.E.D. 133 Revision Level 0, Dated June 24, 1985 Attachment Exhibit C: Drawing No. P.U.E.D. 134 Revision Level 0, Dated June 26, 1985 Attachment Exhibit D: Drawing No. P.U.E.D. 135 Revision Level 0, Dated July 5, 1985 i i L i 2095L CABLE DUCT USE AGREEMENT This Cable Duct Use Agreement made and entered into effec- tive and operative as of the day of , 1988 by and between the city of Denton, exas, a Home Rule K-nicipal Corporation, hereinafter referred to as "Licensor," and Sammons Communications, Inc., a Texas Corporation, hereinafter referred to as "Licensee;" WITNESSETH: WHEREAS, Licensee is franchised to furnish CATV Service (as hereinafter defined) to residents of Denton, Texas and is the assignee of and bound by a certain CATV POLE LEASE AGREEMENT dated the 7th day of May, 1979, between the Licensor and Golden Triangle Communications, which permits the Licensee to attach equipment necessary to the provision of CATV Service to Licensor's electric utility poles; and WHEREAS, Licensor has caused poles to be removed and underground cable duct to be installed for the purpose of distribution of electricity in the area commonly known as "The Square and further defined in Exhibit A, Drawing No. P.U.E.D. ` #132, Revision Level 0, Dated June 24, 1985; Exhibit B, Drawing No. P.U.E.D. #133, Revision Level 0, Dated June 24, 1985; Exhibit Drawing ExhibNo. it D,UDrawinglNoj. Revision #135, Revision Level 0, Dated July 5, 1985; and } WHEREAS, Licensor has dedicated a duct within Licensor's System of Ducts to be used for CATV Service to subscribers in said area and is willing to permit, to the extent it may, lawfully do so, the use of said duct by Licensee where, in Licensors judgment, such use will not interfbre with its own service requirements or, as it may be advised, the service requirements of the Joint Users, present or future, including consideration of economy and safety. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto do mutually covenant and agree as follows: ARTICLE I. DEFINITIONS 1. All references herein to "Licensor's Duct" or "Licensor's System of Ducts" or "Licensor's Duct System" shall mean duct i i and related appurtenances consisting of vaults, manholes, junction boxes, and pull boxes solely owned by the Licensor, jointly owned by Licensor, or duct rented or obtained through other arrangements by Licensor from another owner. 2. All references herein to "Joint User" shall mean (1) a company or municipality which together with Licensor has a percentage ownership in a duct or system of ducts, (2) a public utility company or municipality which has use privileges for Licensor's duct, or (3) a public utility company which owns ! duct for which Licensor has use privileges. 3. All references herein to "CATV Service" shall mean all services provided by Sammons Communications as defined in its franchise agreement with the City of Denton. 4. All references herein to "Licensee's Cable" shall mean the coaxial cable or Cables and associated joining fittings used as the transmission media for CATV Service. 5. All reference herein to "Licensee's Equipment" shall refer to amplifiers, power supplies and other similar support equipment that is not suitable for inclusion in duct system manholes, vaults, junction boxes and pull boxes. ARTICLE II. SCOPE OF AGREEMENT 1. Licensor hereby agrees to license and permit Licensee to route Licensee's Cable, for the primary purpose of furnishing CATV Service in accordance with its franchise, within the area commonly known as "The Square," and further defined by Exhibits A, S, C and D; to such of Licensor'r Duct System of as are, to the judgment of the Licensor, suitable and available for a,sch cable, subject to conditions and limitationr, contained h:rein. 2. Licensee agrees that only cable shall be routed through Licensoe's Duct and related manholes, vaults, pull boxes ar,d junction boxes and that Licensee shall instal. Licensee's { Equipment in above ground locations sited to prevent interference with Licensoe's access to said manholes, vaults, pull boxes and junction boxes. 3. Licensee agrees that this Agreement extends only to the use of the Licensor'& Duct System as defined on Exhibits A, D, C, and D; and that Licensee agrees to secure and maintain from the proper franchising authority, a franchise to erect and maintain its equipment within public streets, highways and other thoroughfares provided such franchising authority exists, PAGE 2 M ~ i I permits shall secure any and all consents, or licenses that G may be required by law for its operations. 4. Licensee agrees to assist in and bear the expense of securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. 3 1 ARTICLE III. j APPLICATION FOR PERMISSION TO INSTALL CABLE 1. At least thirty (30) days prior to the time Licensee desires to install cable in Licensoe's Duct System, it shall make written application to Licensor. Licensor shall review Licensee's application and upon approval, shall supply Licensee written approval to proceed with installation. i 2. Upon receiving such written approval but not sooner, Licensee shall have the right, subject to Article IV herein, to install, maintain and use Licensee's Cable described in said application in ducts identified therein, provided that Licensee shall complete each installation within one (1) year from date of said approved application; provided however, that before commencing any such installation, Licensee shall notify i Licensor at least five days in advance of the time when it proposes to do such work and, in the event Licensor elects to have its representative present, Licensee shall reimburse Licensor for the cost and expense thereof. 3. Where costs are involved in the rearrangement of Licensor's Duct or other facilities to accommodate Licensee's Cable, the Licensor shall notify Licensee of these estimated costs and Licensee shall notify the Licensor in writing that actual costs will be paid by Licensee to effect such rearrange- ment. Licensor shall then make said changes and rearrangements, at Licensee's sole risk and expense, aad upon completion shall notify the Licensee that installation of cable may procees. 4. Licensee shall not have the right to place, nor shall it place, any of Licensee's Equipment in Licensor's System of Ducts and its associated manholes, vaults, pull boxes, and junction boxes; and shall install only the Licensee's Cable and fitting required for its termination and assembly or connection within the duct system. Licensee's Equipment necessary for the full operation of and delivery of CATV Service shall be constructed, housed, or mounted external to Licensor's System of Ducts. 5. Licensee shall not change the position of any cable routed through Licensoe's Duct System without Licensoe's prior PAGE 3 i i N written approval. The provisions of this Article shall not restrict the attachment of service drops from Licensee's Cable ` installed in the Licensoe's System of ducts. `l i r ARTICLE IV. SPECIFICATIONS 1. Licensee, at its own cost and expense, shall construct, maintain and replace Licensee's Cable in accordance with (i) such requirements and specifications as Licensor shall from f time to time prescribe, (ii) in compliance with any rules or orders now in effect or that hereafter may be issued by a regulatory Commission or other authority having jurisdiction, and (iii) the requirements and specifications of the National Electrical Safety Code, 1987 Edition, and any subsequent amendments or revisions of said specifications or code. ARTICLE V. INSTALLATION AND MAINTENANCE OF CABLE AND DUCT 1. Upon written notice from Licensor, Licensee shall, within thirty (30) days of receipt of such notice, relocate or replace Licensee's Cable or transfer the same to a substitute duct system or perform any other work in connection with said Cable that may be requested by Licensor, at Licensee's sole risk and expense; provided, however, that in cases of emergency, Licensor may, at Licensee's sole risk and expense, arrange to relocate I_ or replace the Licensee's Cable transfer said Cable to a sub- i stitute duct system or perform any other work in connection t with said Cable that may be required in the maintenance, q ~ replacement, removal or relocation of said duct system, for the service needs of Licensor. 2, No additions to, or change of locations of Licensee's Cable in Licensor's Duct System shall be undertaken without the prior written consent of Licensor, except in cases of emergenc , when Licensee must obtain oral permission from Licensor y. authorized representative, presently designated as the City of F Denton, Director of Utilities and subsequently confirmed in writing. 3. Licensee shall, at its sole risk and expense, maintain all of Licensee's Cable in Licensor's Duct System in safe condition and thorough repair. Licensor or its agents shall be sole judge of suitability of such condition and repair. 4. Licensor reserves to itself, its successors and assigns the right to maintain Licensoe's Duct System and to operate its facilities therein in such manner as will best enable it to PAGE 4 'I I I s I fulfill its public service requirements. Licensor or the Joint Users will make every reasonable effort to prevent interruption to the service of the Licensee but shall not be liable to Licensee for any interruption to the service of Licensee or for interference with the operation of tae Licensee's Equipment. 5. Nothing in this Agreement shall be construed to obligate Licensor to grant Licensee permission to use any particular duct and Licensor at its discretion may revoke permission therefore granted to Licensee with respect to any particular duct if Licensor can make a substitute duct system available. If such permission is refused, Licensee is free to make any other arrangement not prohibited under the terms of this Agreement it may wish to provide for Licensee's Cable at the location in question. 6. Whenever, pursuant to the provisions of this Agreement, Licensee shall be req-sired to remove Licensee's Cable from any duct, such removal shall be made, except as otherwise specifi- cally provided, within thirty (30) days following the giving of notice to Licensee to so remove. Upon failure of Licensee to remove Licensee's Cable within such thirty (30) days or as 4 otherwise required, Licensor may remove Licensee's Cable and charge all coats assw_ated with said removal to Licensee. ARTICLE VI. RIGHTS-OF WAY, LEGAL AUTHORITY AND DEFAULT 1. In the event any such franchise, license, permit or consent necessary for tae lawful provision of CATV Service is revoked or -is hereafter denied to Licensee for any reason, permission to route Licensee's Cable through Licensoe's Duct i System shall immediately terminate, Licensee shall, within a reasonable time, remove Licensees Cable from Licensor's Duct 1 system and Licensor, at its option, may forthwith terminate this Agreement. 2. Upon notice from Licensor to Licensee that the cessation of the use of any duct system has been requested or directed by Federal, state or municipal authorities, permission to route Cable through such duct system shall immediately terminate and Licensee shall forthwith remove Licensee's Cable therefrom. 3. If Licensee shall fail to comply with any of the provisions of this Agreement, including the specification heretofore referred to, or defaults in any of its obligations under this Agreement, and shall fail within thirty (30) days after written notice from Licensor to correct such default or noncompliance, Licensor may, at its option: PAGE 5 f R a) forthwith terminate this Agreement in its entirety; or, b) at its election, revoke the permit covering the duct or ducts involved in such default or noncompliance; i or, ! c) at Licensoe's option, obtain service of an attorney !I to institute suit of other judicial proceeding to remedy any default by Licensee in its performance of f the covenants, terms and conditions of this Agreement. Licensee expressly agrees that it shall pay reasonable attorney's fees and expenses of such legal counsel. ARTICLE VII, FEES 1. For the privilege of placing and maintaining Licensee's Cable in Licensoe's Duct System as shown on Exhibits A, B, C l and D, Licensee shall pay an initial fee of $18 000, and the sum of $20.00 per year for the next fourteen (14) years, due and payable on October 1, of each year. 2. No additional fees will be paid by Licensee during the term of this Agreement except as provided elsewhere herein. e 3. Payment of the $18,000 fee shall be made within thirty (30) days of the execution of this agreement. Failure to pay such amount when due shall constitute a default under this Agreement. ARTICLE VIII. TERM AND TERMINATION OF AGREEMENT 1. This agreement, if not previously terminated in accord- ance with the provisions hereof, shall continue in effect for a term of fifteen (15) years and thereafter until terminated as provided herein. The Agreement may be terminated at the end of said term or at any time thereafter by either party giving to the other party at least (90) days written notice. Upon termination of the agreement, Licensee shall remove Licensee's Cable for the Licensoe's Duct System within thirty (30) days of the effective termination date. 2. Licensee may at any time remove Licensee's Cable from Licensoe's Duct System but shall immediately give Licensor written notice of intent of such removal and Licensee's intent PAGE 6 4 1 a 4 r to terminate this Agreement. No credit or refund of any fee shall be allowed Licensee on account of such removal. 3. This Agreement shall be subject to termination by Licensor without notice, or, where circumstances permit, upon five (5) days written notice to Licensee, upon objection being made by or on behalf of any governmental authority asserting prior jurisdictions thereof. ARTICLE IX. FORCE MAJEURE r If either party is rendered unable, wholly or in part, by force majeure or other causes herein specified, to carry out its obligations under this Agreement, other than the obligation to make ?ayment of amounts due hereunder, it is agreed that on such i party a iving notice and reasonable full particulars of such force mafeure in writing to the other party within a reasonable time after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure or the causes herein specified, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall so far t as possible be remedied with all reasonable dispatch. For purposes of this Article, force majeure means any cause j or event not reasonably within the control of either party; including without limitation the following: acts of God; strikes; lockouts; orders of any kind of the government of the United States or of the State of Texas or of any of their departments, agencies or officials, or civil or military auth- orities; insurrections; civil disturbances; epidermis; land- slides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; typhoons; cyclones; waterspouts; floods; washouts; arrests; restraints of government and people; explosions; breakage or accident to machinery and transmission lines or poles. ARTICLE X. INDEMNITY AND INSURANCE 1. Licensee shall indemnify, protect and hold harmless Licensor and other Joint Users of said duct system from and against any and all loss, costs, claims, demands, damage and/or expense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons, including the officers, agents and employees of either party hereto and other Joint Users of said duct system, including payment made PAGE 7 4 4 i under any Workers' Compensation law and under any plan for employees' disability and death benefits, which may arise Out of or be caused by the erection, maintenance, pre removal of Licensee s Cables or by the proximity of the respec- tive cables, wires, apparatus and appliances of the parties hereto or other Joint Users of said duct system, or arising out or omision of of an act or omissn of alleed act including any claimsoand dem nds of customerssof Li enseecensee, 2, Licensee shall carry insurance, at its sole cost and f expense, to protect the parties hereto and other Joint Users of said duct system from and against any and all such claims and demands and from and against any and all actions, judgments, costs, expenses and liability of every name and nature which may arise or result, directly or indirectly, from or by reason of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence alleged negliofnce ndthe said uct part of Licensor or of any the joint system. The minimum amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton Ordinances, and the Licensee will comply with the provisions of that section, and as the same may be amended. Licensee shall promptly advise the authorized representative or Licensor of ! all claims relating to damage to property or injury to or death 1 of persons, arisingg or alleged to have arisen in any manner by, or directly or removal of Licensee's the erection, property. maintenance, presence, use 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and or the Joint Users in said ducts and hereby assumes all responsibility for any and all loss for such damage, Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor for the expense incurred in making repairs necessitated thereby. ARTICLE XI. LIMITATION ON ASSIGNMENT AND TRANSFER 1. Licensee shall not assign, transfer or sublet this Agreement, or any of the privileges hereby granted to it, without the prior written consent of Licensor. Provided, upon consent facilitiest of be reuired to Licensee for place owgagea or Licensor's a mort the purpose of financing the installation, improvement, maintenance or extension of its system. 2. No use, however extended, of Licensor's Duct System under this Agreement shall create or vest in Licensee any ownership of PAGE 8 4 -A I i N I property right in Licensor's Duct System, but Licensee's rights therein shall be and remain nothing more than a License. Nothing herein contained shall be construed to compel Licensor to maintain any of its duct system for a period longer than that demanded by its own service requirements. 3. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor to others, by contract or otherwise, to use any ducts covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privileges; the use privileges granted hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to grant use privileges to such other parties as it may desire to do so. 4. Failure to enforce or insist upon compliance with any of ` the terms or conditions of this Agreement shall not constitute ! a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. t 5. Subject to the provisions of paragraph 1 of this Article, i this Agreement shall extend to and bind the successors and I{ assigns of the parties hereto. 6. Nothing contained herein shall be construed as affecting i the rights conferred or exercised by the parties under present or future governmental authority or regulation. ARTICLE XII. SUPPLEMENTAL OPERATING ROUTINES OR WORKING PRACTICES 1. Nothing in the foregoing shall preclude the parties to this Agreement from preparing such supplemental operating routines or working practices as they may mutually agree to in writing to be necessary or desirable to effectively administer the provisions of this Agreement. I ARTICLE XIII. NOTICE 1. Any notice provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States Mail, postage prepaid, addressed as follows: PAGE 9 ,r i 1 a Y f y~ y TO LICENSEE: TO LICENSOR: Sammons Communications, Inc. City of Denton 205 Industrial Attn: Director of Utilities Denton, Texas 76201 215 East McKinney Denton, Texas 76201 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. CITY OF DENTON, TEXAS, LICENSOR { BY: i { RA S EP E , MAYOR ATTEST: t It 1 JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: t DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r f SAMMONS COMMUNICATIONS, INC., LICENSEE i BY: E ATTEST: ETARY f PAGE 10 h r - 1 f 1 1t 1 I 1 1 i i i I k i i E `L f I TTTTTT i DATE: CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager { SUBJECT: Policies and Procedures R_ECOMNDATION: Recommend that council approve the following policies: Probationary Period 104.02 Demotions 109.02 Stage Continuation 101.01 SUMMARY: 1 Three (3) new policies will be presented to council for consideration of adoption. BACKGROUND: All policies are new policies and reflect current personnel practices and procedures. These are also a result ofearly three (3) years of development and research by employee Imaan~aaggenmeennt task forces as well as input from employees and the F, PROGRAMS, DEPART1gtTTS VV%%b`P5 AFFECTED: S All City Employees I 3 FISCAL IMPACT: None33 ~I 1 Respectfully submittFd: f t 4LloydHa-r1lW City Manager Prepared by: l I Paulette ens-Holmes Program Administrator Appr ed: r Bet y cKean, xecotive Director I I { Y f I i CITY of DENTON / 215 E. McKinney I Denton, Texas 76201 i M E M O R A N D U M DATE: April 61 1988 TO: Betty McKean, Executive Director for Municipal Services and Economic Development s FROM,. Paulette Owens-Holmes j Program Administrator 1 SUBJECT: COUNCIL AGENDA ITEM: POLICIES AND PROCEDURES 1 At the April 19 City coup-il meeting, we will present the following policies for a(;option: o Probationary Period 104.02 f o Demotions 109.02 } o Wage continuation 107.07. i These policies are the result of several years of research and development by employee and management task forces as well as input from employees and the Legal Department. Each is also reflective of current personnel 1 practices. The following is a brief summary of these policies: 4 1. PROBATIONARY PERIOD 104.02 The Probationary Period policy provides that every person appointed to a regular full-time or part-time position, is required to successfully complete a probationary period for si_- (6) months. The policy allows the employee's supervisor to: 1) train, instruct, review and counsel the employee in the operations of the department, the expectations of the supervisor and the performance level required and 2) point out and correct inadequate performance. At least ten(10) working days prior to the completion of the employee's probationary period, the employee's supervisor will assess his/he performance to determine the advisability of continued employment. The supervisor must then present proper documentation of statisfactory or inadequte perfomdnce to the Personnel Director. I i I 1 t 1 f ' s T i McKean, page 2 ` 2. DEMOTIONS 109.02 I A demotion is a move to a position with less responsibility and a lower salary. It is not generally used as a disciplinary measure but rather as a technique to place employees unable to perform duties of the position in one better suited to their abilities. The Demotions policy provides the points, factors and circumstances that must be evaluated prior to a final decision relating to a demotion. It also outlines thosA conditions for voluntary as well as involuntary demotions. All demotions will be subject to the department and Personnel Director's discretion and approval. 3. WAGE CONTINUATION 107.07 The Wage Continuation policy outlines the conditions and circumstances for wage continuation benefits. This benefit will be provided in conjunction to workers'compensation insurance coverage. Regular full time employees who sustain an on-the-job injury and as a result are unable to perform their regular duties, are eligible for this benefit. To receive this benefit, an employee must report the incident immediately to his/her supervisor and obtain treatment from physicians approved by the city as well as a letter from r the attending physician stating his/her inability to return to j regular full-time duty. Wage continuation benefits shall not exceed 100 percent of the injured , employees regular and current rate of pay after the first fourteen (14) days. Wage continuation will not exceed 331/2 percent of the injured employees's regular and current rate of pay after fourteen (14) days. In addition, such benefits will not exceed thirty (30) working days, after which the employee may elect to use r.ny accrued leave on a pro-rated basis within a two year period. if you have any questions or concerns regarding the aforementioned policies, please feel free to contact me. Paulett ens-Holmes Program Administrator ,i ~f i t t 2283L RESOLUTION NO. A RESOLUTION ADOPTING POLICY NO. 104.02 "PROBATIONARY PERIOD" POLICY NO. 107.07 "WAGE CONTINUATION", AND POLICY NO. 109.02 "DEMOTIONS"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; NOW0 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY, OF DENTON: 1 SECTION 1. That the following policies, attached hereto and made a part hereof are hereby adopted as official policies of the City of Denton, Texas: 104.02 Probationary Period 107.07 Wage Continuation 109.02 Deootiona. i' SECTION II. That the foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. That the Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent thty conflict with the foregoing policies and with any administrarive procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV. That this resolution shall become effective imme ate y upoy its passage and approval. PASSED AND APPROVED this the play of 1988. RA STEPHE ,ASR ATTEST: JFRNIVER WETERSO CITY SECRETXXY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: Y to i I y F 4 f CITY OF DENTON FAGE L OF? POLICT/ADIBINISTIATITI P10CIDURUADYINISTRATITE Dlt=CTITS ' AEPERENCE BECTION, NUMBER: PIRSONNIL DIPLOYEI RELATIONS 104.02 EFFECTIVE DATE SUBJECT: I IMLOY11 DIYILOPNENT REPUCEs TITLE PROBATIONART PERIOD POLICY STATEMENT: !very person appointed to a regular position (full-tine and part-time) in the service of the City shall be required to successfully complete a probationary period of six (6) months. During the probationary period, the supervisor ' shall closely observe and evaluate the work of all new employees and encourage their effective adjustment to the position ty providing nece;ary training and orientation. The purpose of the proposed policy is to allow the employee's supervisor: 1) ? to train, instruct, review, and counsel the employee In the operations of the dspartmelt, the expectations of the supervisor, and the performance level required; aad 2) to point out and correct inadequate performance. ADMINISTRATIVE PROCEDURES: 1. At least ten (10) working days prior to the completion of the employee's probationary period, the employee's supervisor shall assess his per- formance to determine the advisability of continued employment. The ! suparvisor shall then prepare a status change regarding the end of the I probationary period or the termination of employment containing doou- mentation as to any performance evaluation or reasons for termination. This date shall be forwarded to the Personnel Director to be placed in the employee's official file. M It. No employee my have his or her probationary period extended. An employee who leaves a regular position with the City and is reemployed shall serve the six (6) months probationary period. III. Any employee (regardleeu of the six-month probationary period) will have the opportunity to apply for promotion or transfer. IV. Civil Service employees are governed by Section 143 of the Weal Government Code, Yernon's Codes Annotated. This statute is available for review in the Denton Public Library and the Departments of fire, Police, and Personnel/Employee Relations. I 1 I h i I ' j ►AGE? O► 2 POLIMADYIN18TRATIVI PROOBD01g/ADMINISTRAMB DIRICTIYN (Ceatlased) RE►EAENCE TRIi: NNMISA: PROBATIONARY PiRIOD 106.01 V. An employee who leaves a regular position with the City to order to I actively serve in the Arced forces for not more than four years (unless f extended at the request of the Government), satisfactorily completes his ~ period of active service, and maker as application for reemployment with f s the City within ninety (40) days after completion of military service shall be reemployed to a position for which he it qualified at the pay level he would have obtained (excluding any increases based on work performance) had he not entered military service. In addition, service credit and seniority as it relates to vacation, longevity, and sick leave earned prior to and not compensated for at the time of termination will be restored. E The conditions of the proceeding paragraph will be applied u required i by applicable federal and state laws. it d h V f 1 I I , S 02508 09/2;/BB M hi s R I f CITY OF DENTON PAGE or! POLIOT/ADYIRIfTlATt~f lf00iD41f/ADYIxIgTLAT[T7 DIliOTttf RE►IRENq sect": MMg IR: Dff"0whM-4w1.AM 104.82 I►►ICTIVE DATE: EUalaCT: LICIff RE►LACIS TITLA: POLICI TZK Mf . Involuntary demotion may be considered when an employee fails to satiety the and performance standards established for a position, but is able requirements i to function productively in another capacity. Voluntary demotion my be requested by an employee, but approval is at the disruetion of the Department Dlreotor upon consultation witb the Director of Personnel/imployoo Relations Department. Voluntary dent}on met be in the best interest of the City of Denton sad the specific depostment(s) involved before approval is granted. ADKIIQSTRATIVI PROCLDMS: winition: A demotion is a move to a position witb less responsibility and a lower salary range. The following ;±Mnte, factors and circumstances must be evaluated prior to a final doolsion: 1. Demotions will be accomplished after careful and thorough review of on employee's qualifications, work history, and dooumented performance appraisals. It. Demotion should not be considered unless the employee has been informed of, sad understands those standards established for the position, and has boon counseled sad given sufficient time to correct any existing deficiencies. III. Demotions shall take offset as soon as is practical without undue disruption or interruption of departmental operation. lY. Demotion is not generally used as a disciplinary measure, but ratber as a technique to place employees unable to perform duties of the position in one better suited to their abilities. V. Whom as involuntary demotion is proposed, the Department Director shall afford the employee a due process hearing in accordance with the Administrative Guidelines contained In the Appeals Policy 109.02. Policy 109.01 regarding disciplinary action and Policy 104.06 regarding transfers may provide additional information. 0020k 03/2S/gg { r CITY OF DENTON PAGE- OF 4 POLICT/ADIIINISTEATIVS PEOOEDUMADYINISTEATiVE DIEECTIVS REFERENCE SECTION: NUMB£R PERSONNEL/WLOYEE RELATIONS 107.07 I EFFECTIVE OATS Sile.i E CT EMPLOYES SENEPITS AND SSRYICEa REPLACES TITLE: WAGS CONTINUATION j POLICY STATEMENT: The City of Denton will provide wage continuation benefits in conjunction with workers' compensation insurance coverage to regular full-time employees who sustain an on-the-job injury, and as a result, are not able to perform their regular duties. To receive this benefit, an employee must obtain trestment from physicians approved by the City, and must present a letter from the attending physician stating his/her inability to return to regular full-time duty. i 1. ADMINISTRATIVE PROCEDURE: A. Absence from work due to an on-the-fob injury will not be charged against sick or vacation leave, except as provided herein. Wage continuation benefits shall also apply to leave of absence for rehabilitation or other doctor visits related to the or-the-fob injury. if. Wage continuation benefits will not exceed thirty (30) working days, after which the employee may elect to use any accrued leave on a pro-rated basis. t C. The thirty (30) working day benefit will include any later aggravation, relapse or reinjury within a two (2) year period. D. Wage continuation for civil service employees will be administered pursuant to Section 143 of the Local Government Code, Vernon's Annotated Codes, as amended. 2. The total wage continuation benefit payrents will not exceed 1000 of the injured employee's regular and current rate of pay after the first fourteen (14) days. Wage continuation benefits payment will not exceed 33 1/3 percent of the injured employee's regular and current rate of pay after fourteen (11) days. P4 Wage continuation benefits will not be paid to employees who become unable to perforce regular or full-time work as a result of any injury sustained prior to the date of employment with the City of Denton. This includes any later aggravation or reinjury while on the job with the City of Denton. i)I 1V} 1• ~FFF Page 2 ofd POLUVADMINISTRATIYE PROCEDURE/ADMINISTRATIVE DIRECTIYR (Continued E RInRRKCi TITLE: WAGE CONTINUATION ;NUMUR: 101.01 i - G. Injuries that occur while traveling to or from work, engaging in "horseplay" or not following prescribed City safety procedures ehall not quality for wage continuation. H. Employees who are absent from work due to an on-the-job injury shall continue to s:erue vacation and sick leave at regular rates and maintain all other benefits associated with their employment, provided the absence is necessary and prescribed in writing by an accredited physician. 1. Employees who are able to perform "light/restricted duties" on 1 a full-time basis as determined by the treating physician may be ; required to do so if a suitable job activity is available. Employees in this statue may be assigned to another Department within the City. J. Employees who are able to perform their regular duties on an "abbreviated work day" basis, as determined by the treating physician, will be required to do so. Wage continuation benefits will be pro-rated accordingly. K. Wage continuation benefits shall only be made available to employees whose length of service exceeds six (6) months. L. Employees who are not eligible for wage continuation or whose payroll check is less than their payroll deductions, are responsible for paying insurance premiums, credit union loans and other deductions by means other than their payroll. It is the employee's responsibility to make the appropriate arrangements. M. An employee shall forfeit all rights to any continued wage continuation benefits if he/she: 1. Pails to give written consent for the release of all pertinent medical information to the City of Denton; prior to receiving wage continuation benefits. 2. Is found to be working for pay at any yob not approved by the Director of Personnel and not specifically recommended by the treating physician. 3. Resigns for any reason while receiving wage continuation. A. Is discharged for any reason while receiving wage continuation. r' I } 1 1 I 1 i r f I N ~ Pege_~_of~_ l POLICY/ADMINISTMTIYI OC6 URY N nt nu RlFERENCH TITLE: WAGE CONTINUATION INUMBR: 107.07 k S. Consistently fails or refuses to comply with or follow or r` consistently disregards or violates the treating physician's instructions regarding treatment of his injury. b. Retiree or dies while receiving wage continuation. i 7. Refuses to perform light, partial or part-time duty when offered by his Department Director and which has been authorised by the treating physician. S. Refuses to accept or perform a different job with the City ` when offered by the Director of Personnel that is within his physical capacity and for which he is qualified or will be trained. 9. Falsifies or misrepresents his physical condition or capacity while receiving wage continuation. 10. Refuses to return to regular duty on the next working day after he has been released to regular duty by the treating physician. i 11. Fails to contact his immediate supervisor on a weekly basis and notify him of his condition and expected return to work date. 12. Had been injured as a result of his own personal negligence in the observance of safety rules as determined by the employee's Department Director or designee. 13. Refuses to be treated by physicians approved by the City and fails to provide certified documentation, from the treating physician, stating that he/she is not able to return to work. II. REPORTING PROCEDURES: A. Any employee who sustains any on-the-job injury, however minor, and who is physically able, must report the injury immediately to his immediate supervisor and receive such medical treatment as may be necessary. Failure to report the injury to the immediate supervisor and receive necessary medical treatment, may cause the employee to be ineligible to receive wage continuation. B. Any employee who is physically able must complete, together with his immediate supervisor, a "Supervisor's Report of Accident" form, an I. A. B. form and 1-1 form within twenty-four (24) hours of the injury and submit same to the Department Director, with a copy to the Worker's Compensation Representative for the City. r~ I , Page_ of 4 24LIC!/AD INISTRATIYL PROCIDUMIADKINISTRATIVI DIRSCTIY t ued) RgPlRgNCZ TrrL1t VAGI CONTINUATION MMIR: 107.07 III. POLICY DIFINITIONS: A. "Wage continuation" benefits generally consist of that percentage (33 1/3%) of an employee's current wage which to not paid under worker's compensation insurance and does not include medical 1 bills. However, employees who are expected to return to work within thirty (30) days shall receive 100% of their current wage for the first seven (7) calendar days they did not work following the injury. B. "Light/restricted duties" will be determined in relation to the employee's regular duty (i.e., if an employee's regular duty consisted of physically strenuous activity, light/restrioted duty say consist of office work or the temporary suspension of any particular job responsibility). C. "Abbreviated work day" consists of a minimum of four hours on the job performing regular duties. e D. "Injury" refers to any injury to the physical structure of the 3 body, or a part thereof, which requires medical treatment. It shall not include any illness, disease or infection, unless such j condition is directly caused by and naturally results from an on-the-job physical injury or environmental hazard. f S. For purposes of this policy, injuries will be considered "on-the- job" only when the employee to performing an assigned or regularly scheduled job function directly related to hie/her current City of Denton employment. This does not include any extracurricular activities which may be sponsored by the City (i.e., picnics, i sporting events or other recreational-type activities). , 03781 04/06/88 I 4 1 i i { t i 11r~ 11 4 ~k f r 4 ,r 4' I s CITY CU WCIL REPORT FORMAT TO: Mayor and Members of tM City Council f FROM: Lloyd Harrell, City Manager' RWECT: Policies and Procedures RECOMMEPOA71ON: Recommend that council approve the following policies: i Disciplinary Action 109.01 Appeal 109.03 SUMI'iARY: Two (2) new policies will be presented to council for consideration of adoption. ! s . t } CKGROUND. ~_'Both policies are new policies and reflect current personnel practices and procedures. These are also a result of nearly four (4) years of development and research by er;1 e and management task forces as well as input frog eloyees and the Legal Department. f _ OGRAMS. DEPARTMENTS OR GROUPS AFFECTED: All City Employees FISCAL IMPACT. None i t I Respec ly submi t : i Prop red byt ' Lloyd Harrell r Name and ri a City Manager ~o0 1C1 Sklmployee ~telation* ergo Appr Eat c an, z cut va Director i P i' j CITY of DENTON / 215 E. McKinney, Denton, Texas 76201 I~I M E M O R A N D U M I i f DATE: March 17, 1988 TO: Betty McKean, Executive Director for L Municipal Services and Economic Development i FROM: Tom Klinck, Director Personnel/Employee Relations Department SUBJECTt COUNCIL AGENDA ITEM: POLICIES AND PROCEDURES At the April 19 City Council meeting, we will present two 12) personnel policies for adoption: Disciplinary Action 109.01 and Appeals 109.03. The Disciplinary Action and Appeals policies are the result of nearly fcur 14) years of research and development by employee and management task i forces as well as input from employees and the Legal Department. The following is a brief summary of these policies. E 1. Disciplinary Action 109.01 Disciplinary Action emphasizes our policy to strive to maintain an effective, productive and disciplined work force in order to deliver quality and adequate services to the citizens of Denton. We want to assist employees in correcting unsatisfactory standards of conduct through a progressive disciplinary program. And disciplinary actions are designed to be administered in a fair and equitable manner, to promote fair treatment of all employees and prevent impulsive and unreasonable supervisory action. j . j flit! i j i r. f G r ~i t Page 2- McKean The policy also provides the: f o general criteria for disciplinary actions E l o clarification of the responsibilities for administering 4 disciplinary actions I[ o description of performance of duties and personal conduct subject to disciplinary action o disciplinary action sequence o hearing guidelines for any proposed action of suspension without pay or dismissal and o rights of temporary, seasonal and probationary employees. 2 Appeal 109.03 j The Appeal policy provides an opportunity for individual employees to appeal disciplinary dismissals, suspen.ions or demotions. The appeal pro-eos is designed to assure that the employee has a responsive forum to guard against biased or arbitrary decisions. t The policy also outlines: + o general appeal information o procedures for informal and formal appeals and o rights of temporary, seasonal and probationary employees. 4 Both policies apply I,, all regular fall-time employees except those 1 i governed by the provisions of chapter 143 of the Texas Local Government Code, the City Manager, City Attorney, Municipal Judge, Assistant Judge, probationary, temporary or seasonal employees. If you have any questions or concerns regarding these policies, pleias feel free to contact me. Tom Klincl .re or~ " Personnel/ ployes Relations D partment 1 i i h 2286L RESOLUTION NO. _ 109,01 "DISCIPLINARY ACTION" AND A SESOLUTION ADOPTING POLICY NO. POLICY NO. 109.03 "APPEAL", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Feracanel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for th Councila t consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; NOW, THERF,FORE, 44 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the following policies, attached hereto and , made -a part hereof are hereby adopted as official policies of the City of Denton, Tetas: 109.01 Disciplinary Action ' 109.03 Appeal. SECTION 11. That the foregoing policies are attached hereto and male a part hereof and shall be filed in the official records with the City Secretary. SECTION III. That the Employee Rules and Regulations of 1976 adopted Resolution of the City Council on February i, 1977, y with the ara hereby rescinded to the extent they conflict wit procedures y administrative and foregoing policies and with an urd under the authority of the City Manager directives iss implementing the policies hereby adopted. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. 1988. PASSED AND APPROVED this the day of ATTEST: JENNITN-VALTERS9 CITY MRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 1 _ N I CITY OF DENTON PAGE GF 14 POLIOY/ADVINI8TRATIVI PROCIDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION NUMB ER: PERSONNEL/EMPLOYEE RELATIONS 109.01 EFFECTIVE GATE ` SueJECT, DISCIPLINARY POLICY r REC~,ACES TITLE DISCIPLINARY ACTION I o POLICY STATEMENT: It is the policy of the City of Denton to maintain an effective, productive, and discipline., work force in order to deliver quality and adequate services to the citizens of Denton. Bach employee is responsible for performing his fob in a safe, productive, and effective way and within the instructions and standards established by his supervisor. In addition, employees are expected y to maintain acceptable standards of conduct in their employment. Supervisors are responsible for instructing employees in job duties and responsibilities and communicating performance standards for the job. Supervisors accomplish this through fob orientation, fob instruction, coaching and informal discussions with the employee. The policy of the City of Denton is to assist employees in correcting f unsatisfactory performance of duties or unsatisfactory standards of conduct through a progressive disciplinary program. Disciplinary actions should be communicated in a respectful, nonthreatening manner that emphasizes the employee's responsibility In correcting an unsatisfactory performance problem or personal action. Disciplinary actions should focus on communicating the i expected changes in an employee's behavior, needed improvement and/or change { in unsatisfactory performance of duties or standards of personal conduct. Disciplinary actions are designed to be administered in a fair and equitable a t manner, to promote fair treatment of all employees and to nrevont impulsive and unreasonable supervisory action. An employee may be disciplined for any conduct prohibited by federal, state, or local law, City Charter, City Code, Personnel °olieiss or Procedures, Administrative Directives or Written Rule. Those employees governed by the provisions of Chapter 113 of the Texas Local 4 Government Code, the City Manager, City Attorney, Municipal Judge, Assistant Judge, probationary, temporary, or seasonal employees shall be exempted for the application of this policy. However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right. i f 4 n r I Page 2 of 1~,_ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued? IREFBRSNCE TITLE: DISCIPLINARY ACTION (NUMBBR: 104.01 ` ADMINISTRATIVE PROCEDURES: 1. INTRODUCTION These administrative procedures are established to provide appropriate guidelines in carrying out the policies of the City of Denton regarding the progressive disciplinary program. They are Intended to address general application of the principles of fair disciplinary actions in typical situations. Disciplinary actions should recognize the importance of the City's responsibility to provide quality service delivery to the citizens. These procedures address a broad range of performance of duties and conduct problems. However, they are not intended to address every problem or situation which might arise. It ks the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each disciplinary action and use ' judgment in the application of these policies and procedures, I If an employee demonstrates unsatisfactory performance of duties or unsatisfactory conduct problems, disciplinary actions are designed to help the employee correct the problem and build a renewed commitment to the City and his fob in a fair, equitable and consistent manner. Definitions for purposes of these Procedures shall be as follows: Whenever the term "Director of Personnel/Employee Relations or designee" or "authorized representative of the Department of Personnel/Employee Relations" is used, it shall mean the Director of Personnel/3mployee Relations, or, upon his absence or act of designation, the Personnel Analyst/Trainer or the Personnel Specialist. Whenever the term "supervisor" is used, it shall mean that person to whom an employee reports and who is responsible for hiring the employee and administering performance evaluations and disciplinary actions for that employee. Whenever the term "supervisor's manager" is used, it shall mean that person to whom an employee's supervisor reports. It. GENERAL CRITERIA TO BE CONSIDERSD IN DISCIPLINARY ACTIONS The primary objective of the progressive disciplinary program is to assist the employee in correcting a work related problem. The supervisor will consider the following criteria in determining what disciplinary action is to be taken under the progressive disciplinary program: i I 1 I 1 i} F R!' I I~ Page}^of 1,~+ _ f POLICY/ADMINISTRATIVE PROCIDURI/ADMINISIRATIVI DIRECTIVE (Continued) IREFIRENCI TITLE: DISCIPLINARY ACTION INUMBIR: 109.01 1. Severity and kind of offense(s) 2. Impact of the offense(s) on other employees, the City and citizens E 3. Employee's length of service and work record 4. Period of time since discussion with the employee abort a similar problem or recent disciplinary action for the same or similar problem 5. Past disciplinary actions taken by the City for the same or similar problem f All or a comb)nation of the following disciplinary measures may be taken depending upon the particular circumstances surrounding the employee's conduct. If a supervisor determines that the nature, severity and impact of the nMployee's action(s) require more severe disciplinary action than the progressive steps outlined in this policy and procedure, he should thoroughly investigate the situation, discuss it with his immediate supervisor and an authorized representative of the Personnol/gmployee Relations Department and obtain approval of his Department Director and the Director of Personnel/gmployee Relations prior to taking any action. Any approved disciplinary action recommended will be administered according to the procedures outlined. The employee's rights to a hearing and appeal will remain in effect and carried out as the appropriate procedures indicate. III. RESPONSIBILITY AND AUTHORITY FOR ADMINISTIRINO DISCIPLINARY ACTIONS ' I immediate supervisors are responsible for enforcing all City policies and procedures, accomplishing the goals and objectives of a division or department and maintaining the work performance, attendance and conduct standards among their employees. They are vested with the authority to take appropriate disciplinary action under the directions and guidelines set forth in,these procedures, 1. The City Manager, an gxecutive Director, Department Director, division manager, or supervisor may issue an oral or written r` reprimand to an employee under his responelbiltty for unsatisfactory performance of duties or unsatisfactory conduct. 2. The City Manager, an gxecutive Director, a Department Director, or division manager may place an employee on a disciplinary progress period, suspent an employee without pay or dismiss an employee, upon the recommendation of a supervisor and after approval of an s I I I 1 1 Page_ 4 0f 14 POLICY/ADMINISTRATE Vg PAOCRDURB/ II ISTjtATIyE DIRECTIVE lContlnued} TITLE: DISCIPLINARY ACTIOA IRIFIREkCH NUMBER: 104.01 authorized representative of the Peraonnal/Imploye,e Relations Department. An employee will be given the right to a hearing before the recommending supervisor's manager prior to any formal action being taken. i 3. Prior to any disciplinary action being administered, the supervisor will conduct a thorough examination of the situation before deciding to recommend any disciplinary action. 4. All disciplinary actions for written reprimands, suspensions, disciplinary progress periods and terminations will be properly documented, substantiating the action being taken and copies of documents required by this policy will be included in the department and Personnel/gmployee Relations Department files. S. If a serious problem arises endangering the safety, health, or life of the employee, another employee, citizen or if in the judgment of the supervisor, the employee problem is unmanageable, a supervisor has authority to proceed immediately to r Y lace the administrative leave with pay. The supervisor will 'immediately notify his manager end the Director of Personnel/gmployee Relations or his designee. This will allow time to investigate, determine appropriate action and discuss alternate actions prior to formal action being taken. 6. The City Manager shall have authority to discipline an Executive Director, Director, or other direct reporting subordinate. Executive Directors shall have the authority to discipline a Director or other direct reporting subordinate. Iv. DESCRIPTION OF PERFORMANCE OF DUTIES AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal discussions are everyday responsibilities performed by supervisor' to ensure employees are performing their jobs and conducting themselves in an acceptable manner. If a work performance, attendance, or conduct problem arises, the supervisor will coach and informally discuss the problem with the employee. The objective is to assist the employee in recognizing that a problem exists and develop effective solutions to correct the problem. Normally, the employee corrects most problems in this manner. However, when informal diseus,,&uns fail to bring about the appropriate changes in the employee's bthavior, formal progressive disciplinary action may be taken for unsatisfactory performance of duties or unsatisfactory personal conduct as described herein. The following lists of actions ,i f Page_ 5 of 1L_ POLICY/ADNINISTRATIVS PROCIDURB/ADMINISTRATIVI DIRSCTIV$ (Continued) IRIP6R6NC8 TITLE: DISCIPLINARY ACTION INUIBBRr 109.01 are intended to be descriptive and serve only as a guide to the types of problems for which disciplinary action may be appropriate. II Disciplinary actions should address two general categories: performance of duties and personal conduct. A. Performance of duties { The following are examples relating to unsatisfactory performance 1 of duties for which disciplinary action may be taken: i 1. Incompetency in the performance of duties. The fact that any employee is deemed competent at the time of employment shall not preclude a judgment of incompetency as the result of apparent unwillingness to perform assigned tasks, being absent without leave or demonstrating unnecessary absence from the assigned work area during assigned hours of work. Other methods of proof of incompetency shall include repeated oral and written disciplinary actions for minor infractions of policies, rules, regulations, manuals, or directives, or repeated oral and written disciplinary actions demonstrating the employee's inability to most performance standards. 2. Failure to satisfactorily meet performance standards for the position. 3. Patterned absenteeism without suffi.ient medical justification. 4. Absence without approved leave. 5. Tardiness, as an habitual pattern or failure to report for duty at the assigned time and place. 6. Violation of written departmental regulations regarding the performanoe of duties. 7. Careless, negligent or improper use of City property or equipment. 8. Improper use of leave privileges. 9. Discourteous treatment of the public or other employees. 10. Neglect or carelessness in the performance of duties. y, t I 4 Page 6 of_}~- POLICY /ADMINISTRATIVE PROC2DUR8//(1DMINISTRATIVB DIRECTIVE (Continued) IRRFERENCE TITLE: DISCIPLINARY ACTION INU'BER: 109.01 11. Failure to meet or maintain specified conditions of employment, such as failure to obtain or maintain a license or certificate required as a condition to: pe•forming a job. 12. Negligently causing damage tc City property. ` 13. Causing or contributing to an acaident by operating City equipment in an unsafe or unauthorized manner. B. Personal Conduct The following are examples relating to personal conduct for which disciplinary action may be taken. The list is not intended to be all inclusive. it does describe examples of conduct which management believes are unacceptable and could jeopardize an ? employee's continued employment. Examples are: 1. Theft -f, aiding in, or encouraging the theft of cash, City i property or equipment. 2. Destroying City records without authorization. 3. Falsifying City records, including application for employment or medical information or other information concerning employment statue. 4. Willful damage to public property or willful weste of public supplies, service, or equipment, S. Insubordination: the refusal to perform a reasonable, lawful, safe end proper work assignment, duty or task from an authorized supervisor. 6. Diepensing, using and/or possessing any illegal controlled substance during the performance of job duties, on the job site or on City property. 7. Physical assault committed on the job upon a City employee, ` member of the public or City official i 8. Using an official position or office for economic gain or soliciting favors or gratuities for perfo:ming services required by the employee's position. 9. Disclosing information as defined by statute to be confidential. ;r I A k`. ➢age~.of~_ POLICY/ADMINISTAkTIVS PROCIDURUADMINISTRATIVI DIRSCTIVg (ContinU6d)JRBFBRSNCg TITLgs DISCIPLINARY ACTION INUMBBRt 109.01 j 10. Unauthorized use or possession of City funds. 11. Unlawful possession or use of dangerous weapons, such as firearms or knives on the fob. 1 12. Using threats against another employee or a member of the public. 1 13, gngaging in any employment activity or enterprise which constitutes a conflict of interest. 14, Using City property or equipment without authorization. 15. Dereliction of dutyi Dereliction of duty on the part of any employee, detrimental to the proper performance of the I functions of the City, to cause for disciplinary action. The following subsections constitute dereliction of duty: (a) Failure of a supervisor to immediately take action when a i violation of policies, rules or regulations comes to f hij/her attention, regardless of the supervisor's or violator's assignment or position in the City. (b) Failure to observe and give effect to the policies of the employee's department or the City. (o) Failuit, to deliver to the official City custodian any property found by, confiscated by, or relinquished to employees of the City without undue delay and, in any event, before the work day It ended. 16. Reporting for duty under the influence of drugs, alcohol or a controlled substance as defined by the Controlled Substances Aot, art. 4176.13, Vernon's Ann. Civil Statutes, as amended. 17. Misusing or failing to use delegated authority in the performance of duties. 18. Using abusive language toward employees or the public. 19. Unnecessarily disrupting the work of other employees. 20. Operating or conducting gambling on the job or on lity property. 21. Drinking alcoholic beverages during working hours. J 1 Page 8 of 14 POLICY/ADMINISTRATIVI PROCIDURVADMINI9T[iATIVR elasrTIYg (Continued) 'IAglgRgNC6 TIT W DISCIPLINARY ACTION ~NUMBBR: 109.01 22. Violating safety rules or practices which endanger the employee or others or damages City property or equipment. 23. Playing tricks or jokes or engaging in horseplay on the job. 1 24. Making derogatory racial, age, ethnic or sexist remarks while on duty. 25. gngagtng in personal business while on duty without autho:ixation of his supervisor. 26. Failure to report damage to City equipment or property of others. 27. Appropriating City property, i.e. equipment, furniture or construction materials which have been abandoned or discarded. 28. Utilizing City data or information systems for any reason other than City business. 29. Sleeping on the job. 30. Falsely reporting illness or injury, or otherwise attempting to j deceive any official of the City as to r health or medical condition. V. DISCIPLINARY SIQUBNCI 1 The following progressive steps of discipline outlined below should be applied to an employee whose performance of duties or personal conduct is unsatisfactory. The policy of progressive discipline shall in no way prevent the supervisor from taking appropriate disciplinary action when the severity of the violation(s) warrants such action. A. Reprimands 1. Oral Reprimand. (The first step in the progressive disciplinary sequence.) a. The supervisor shall discuss the situation with the i employee in private and make every effort to discover the reason(s) for the employee's performance and advise the emyloyev of the necessary changes in his behavior to correct the problem. I~ i Page__Q__of 1§ POLICY/ADMINIaTAaTiyi PROCBDURI/ADHINISTRATIVI DIRICTIVI (Continues) TITLE DISCIPLINARY ACTION IREPIRENCI INTMIR; 109.01 b. A report concerning the discussion and specific actions and agreements to correct the problem will be prepared by the supervisor for inclusion in the employee's department or division personnel file. j e. The report will remain in the department or division personnel file unless the report is needed to substantiate subsequ^nt disciplinary action. , 2. Written Reprimand. (The second stet' in the progressive f disciplinary sequence.) a. Any supervisor in the employee's chain of command may issue a subordinate employee a written reprimand consistent with the following format. In the event that the reprimand is issued by someone other than the employee's direct supervisor, a report of such action shall be made to the direct supervisor. The written reprimand shall be issued when the employee has demonstrated an inability to perform his job duties, or has had mace than two absences or minor personal conduct problems. An employee who demonstrates significant inability to perform his duties or a serious personal conduct problem may be issued a written reprimand without having been issued an oral reprimand or having discussed the problem with his supervisor. A written reminder or reprimand should include the following informations { 1. The cause for the reprimand and the specific reason(s) supporting the action, including previous oral reprimands or informal discussion for the same or other violations. r I 2. The effective date or dates of the reprimand. 3. The specific change in behavior expected by the i i supervisor. 4. The time frame allowed for improvement to occur. b. A copy of the report shall be forwarded immediately to the employee's official file in the Personnel/ Employee Relations Department, the supervisor's immediate superior . and the employee. 1 4 ( I. i r N Page 10 of 14 POLICY/ADMINI,'iTRATIVE PROCBDURVADNINIMATIVI DIRECTIVE (Continued) 1 l TITLE: DISCIPLINARY ACTION IRIPEAE INUM86AI 109.01 8. Disciplinary Progress Period 1. Differences in the nature of the work unit, type of work ` performed, the type of performanee problem and the severity of f h the ispact on the organization, require that different (f j diselpL nary actions be available that are responsive ti both the needs of the employees and the needs of the organization. When oral or written reprimands have been unsuccessful in C bringing about the desired solution to an employee's unsatisfactory performance of duties, the supervisor may recommend either of two alternative diselplihary actions as the next step in the progressive disciplinary process: a disciplinary progress period for up to 90 days or a suspension i without pay for up to 30 days. 2. when the job performance of an employee falls below the acceptable hvel, supervisors should point out deficiencies to the employee at the time they are observed. An employee who continues to perform below the acceptable level may be placed on a formal program designed to improve performance. The supervisor shall communicate this to the employee orally and by preventing him with a memorandum including the following: i e. The specific deficiencies observed In the employee's performance of duties. b. The actions recessary to bring about improvement. a. The period of time in which improvement must occur. d. The specific dates and times during this period at which the supervisor shall meet with the employee and discuss his progress is improving his performance. e. What further action will result it the employee fails to show satisfactory improvement. The memorandum will be signed by both the employee and the supervisor. The employee should understand that his signature indicates receipt of the document only, not necessarily acceptance of its contents. It the employee refuses to sign, the supervisor should have a witness sign that a copy was given to the employee. The original memorandum shall be maintained within the depactm)nt, a copy git'en to the employee and one placed in the employee's permanent personnel file maintained in the Personnel Department. I t Page 11 of 14- POLICY/ADKINISTRATIVB PROCBDURB/ADKINISTRATIVB DIRECTIVE (Continued) IRBPBRENCB i TITLE: DISCIPLINARY ACTION INUMBBRr 109.01 3. If an employee fails to demonstrate the necessary imprcvement as required In the memorandum upon completion of the disciplinary progress period, the options available to the I i supervisor will include reasdignment, demotion or dismissal of i the employee. i I 4. If an employee demonstrates sufficient improvement as required in the program, the supervisor will discuss the improvements 1 with the employee and monitor the employee's performance. j 5. Nothing shall preclude a supervisor from proposing disciplinary action when an employee commits an act of serious personal misconduct even though the employee is completing a disciplinary progress period. C. Suspension Without Pay 1. If an employee's conduct is unsatisfactory or oral and written reprimands have been unsuccessful in bringing an employee's performance of duties to a satisfactory level or a serious performance problem exists, a supervisor may recommend a suspension without pay for up to 30 days. The length of the suspension will be determined by the nature and severity of the conduct, impact on the organisation and previous disciplinary actions. No disciplinary suspension or combination of suspension will exceed 30 working d'tys in one calendar year. All proposed suspensions without pay will require the approval of the Director of the Personnel/ Employee Relations or his designee. 2. The supervisor will recommend to his supervisor a suspension using the following guidelines: a. the cause(s) for the recommended action and the specific reason(s) supporting the action; i b. previous informal discussions, coaching, oral or written reprimands that have been given to the employee; e. actions the employee has or has not taken to correct the behavior outlined in 2b. 3. The supervisor shall present the employee with a memorandum i setting forth the reasons for the proposed suspension. The recommending supervisor's manager (Hearing Official) will conduct a hearing according to the guidelines in Sec. VI and J J f Page 12 of A _ onLICY/ADMINISTRA Iv PROCBDURB ADKINIST TIVB D RBCTIYB Cont~IraysRSNC601 I NUMBgR: 109. TITLE: DISCIPLINARY ACTION render a decision based upon the evidence in presented writing of the hearing. The employee will be notified decision of the Nearing Official. This memorandum will explain specific actions the employee is to accomplish in order to 1 cot-root performance deficiencies, or where appropriate, i personal conduct. It the decision of the Nearing official is to reduce the disciplinary action recommended by the supervisor, an appropriate explanation will be provided to the supervisor and employee. } eal the 4. An employee who is suspended shall have the right to app action in accordance with the Appeal Policy 109.03. g, Dismissal - The final step in the progrestive disciplinary sequence. 1. When an employee's unsatisfactory performance of duties Continues at unacceptable rton •employee has arrant dismissals a sn ac act omisconduct determined eu ervisor may to his supervisor that the employee be commend ismieeal re , D matter of Denton- D to co ssod from employment with the City and will normally be co an extremely kierioua recommended only after all above alternatives have been xhausted if the emp Y erformance of duties continues to to ee s p unusual However, has or ha eoircums in special or u , be onsetSs[aot Y s when an instance of serious misconduct e above all other tanc this action may be recommended A supervisor Occurred, d o°edure procedure. r Provide clear, specific and recomme outlined diin this smissal Policy y an ending a an action of dismissal. All detailed jicatlon for uetif detailed ~ dismissals will have the approval of the Direct or of the t esea procedurewill rd The Personnel/EmploYee hearing ti outlinedl dismis employee a s hearing r, dismissal using the supervisor will ncommend to h!e manager following g a. Provide documentation of the specific unsatisfactory performance of duties and/or o it applicable: specific dates, times unsatisfactory conduct Including and actions ncluding, disemployee cussions t andcorcoachingrect that were communicate informal the oral P disciplinary progress oral al and/or written reprimand(s)' that have communicated periods or suspension(s) without pay s) and to the employee the seriousness employes heto r colored the specific agreements by the problem(s). b. Cite specific actions demonstrating the employee hss not been successful in correcting the problem(s). 4 Page_ 3 of~1 _ POLICY/ADKINISTRATIYR PROCRDURE/ADMINISTRATIYE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION N IMgRR: : 109.0' UMBE. 2. The supervisor shall present the employee with a memorandum setting forth the reasons for the proposed dismissal. The recommending supervisor's manager (Hearing Official) will conduct a hearing according to the procedures outlined in Section VI and render a decision based upon information presented at the hearing and communicate to the employee, in writing, the decision and specific reasons for the decision. The employee will be notified of out-placement procedures and counseling available through the Personnel/ Employee Relations Department. If the decision of the Hearing Official is to reduce the proposed disciplinary action, an appropriate explanation will be providd the supervisor and employee. 3. An employee who is dismissed shall have the right to appeal the action in accordance with the Appeal Policy 109.03. j VI. HEARING i All employees, except as exempted from this policy, will be afforded the right to a hearing for any proposed action of suspension without pay or dismissal from employment with the City of Denton. The hearing will be conducted by the employee's supervisor who recommends the disciplinary action, or Department Director, or Executive Director or City Manager, where appropriate. The following guidelines will be followed in conducting a hearing: 1. An authorized representative of the Personnel/Employee Relations Department will be involved and approve the proposed action prior to any hearing being conducted or action taken. 2. An authorized representative of the Personnel/Employee Relations ! Department will be present during any hearing. 3. The employee will be given a written memorandum proposing the disciplinary action and the reasons therefore at least two (2) working days prior to the hearing date. 4. The employee will' receive written explanation of the hearing officer's decision and reasons within a reasonable time period. 5. The employee has the right to waive, without duress or influence, his right to a hearing and may indicate such waiver on the memorandum setting forth the proposed suspension or dismissal. 6. Any employee who is recommended for a suspension without pay or dismissal will oleo be afforded a right of appeal as detailed in the Appeal Policy 109.03. Page_!~--of 14 POLICY/ADMINISTRATIVI PROCEDURE/ADMINISTRATIVE DIRICTIVE (Continued) (REFERINCE TITLE: DISCIPLINARY ACTION JMMZR: 109.01 i 1 VII. RIGHTS OP TEMPORARY, SEASONAL AND PROBATIONARY EMPLOYEES A. Except as provided in section (b) below, a probationary, temporary i or seasonal employee may be disciplined or dismissed without being afforded the right to a hearing. 9. If the conduct giving rise to the discipline or dismissal falls within one of the following categories, hearing and appeal procedures shall be afforded: i (1) If the conduct serving as the basis for the proposed action constitutes the exercise of a constitutional right, and if the department attempts to discharge the probationary, temporary or seasonal employee for this activity. The department must demonstrate that the exercise of the I constitutional right has resulted in an impairment of the efficiency of the City. i (2) If it has been recommended that the probationary, temporary or seasonal employee be dismissed and the conduct charged has been publicized to the extent that the good name, reputation, honor or integrity of the employee is brought into dispute. Examples include but are not limited to: dishonesty, criminal activity, immoral conduct or incompetency. 7 Among the purposes of affording hearing and appeal rights are to permit the probationary, temporary or seasonal employee to record for future employment any facts in mitigation of the alleged conduct and to refute or rebut public allegations concerning the conduct. d t i 0721o 04/12/88 t. I N CITY OF DENTON PAGE 1 oF_4 POLICT/ADMINISTEATIVE PIOOfDOi=/ADMINISTRATIVE DIRICTIVE SECTION: REFERENCE NUMBER: PERSONNEL/EMPLOYEE RELATIONS 109.03 SUBJECT: EFFECTIVE GATE DISCIPLINE AND SEPARATION POLICIES TITLE REPLACES APPEAL POLICY STATEMENT: It is the policy of the City of Denton to give individual employees an opportunity to appeal disciplinary dismissal, disciplinary suspensions or demotions. Appeals are designed to be heard according to prescribed 1 guidelines as set forth in the following Procedures. The appeal process is designed to assure that the employee has a responsive forum to guard biased or arbitrary decisions. against I Those employees governed by the provisions of Chapter 143 of the Texas Local Government Code, the City Manger, City Attorney, Municipal Judge, Assistant Judges, probationary, temporary or seasonal employees shall be exempted from the application of this policy. However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right. ADMINISTRATIVE PROCEDURES: 1. General Appeal Information A. An employee who chooses to appeal a disciplinary action may have a f representative assist, accompany or represent him/her at any step during the appeal process. 8. Since it is important that appeals be resolved as rapidly as possible, time limits, as set out in the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process. However, the limits may be extended or shortened at any or all steps if both parties agree in writing. In p the event either party cannot agree, the Director of Personnel shall have the discretion to shorten or extend the time limits. In the event the last day of a time limit falls on a weekend or a City holiday, the time limit shall include the next working day. In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in arriving at the length of the time interval. 1 S r f Page .2 of 4 _ POLIO INI RATIVB PROCRDORH iNiB TIYB DIRHC IV ContiligF8R8NC8 JKMgR: 109.03 TITLE: APPEAL I C. An appeal not responded to within the time limits prescribed by the appropriate representative at each step shell be considered violation of this policy for which the representative may be subject to disciplinary action. D. All appeals must be in writing on Discipline Appeal Forme (a copy of which is attached hereto) and must be presented to the Personnel desires Department. An employee shall choose whether ahnllt pursue an informal appeal or the formal apps his choice on the Appeal Form. All decisions rendered in response to appeals must be in writing to the employee, either in memorandum or letter format. g. An employee who files an appeal must inform the Personnel/Employee Relations Department in writing of his correct mailing address and number. telephone Failure telephone information may result oind administrativeiclosureeof the appeal. I II I F. M employee who perceives a action oreanydadmor forced te, inistra administrative resign any time any y Investigative notion is taken or pending may exercise the rights to appeal provided for herein. 0. Any party to an appeal may request procedural assistance from a designated atrepresentative aany time during the t appeal e process. Relations It. Informal Appeal Process A. An employee who has been demoted, suspended or dismissed may request an informal appeal before the hearing official's manager. } The peering official is that supervisor who conducted the hearing or would have conducted the hearing described in Section VI of the Disciplinary Action Policy 109.01. B. Appeals from 8xecutive Directors and Directors may be heard as prescribed by the City Charter. C. The employee must make the request for the informal appeal in writing within 10 days after receiving notification of an action taken. ngn is not justfiedQ specific reasons why the employee feels the actio r D. The employee shall waive his right to the formal appeal process. i 1 k i Ia . Page_~of_~_ POLICY/ADMINISTRATIyg QROCEDURB/ADNINISTRATIVI DIRECTIVE (Continued) TITLE: APPEAL IREFIRINCI INOMHIR: 109.03 E. A decision will be rendered by the manager hearing the appeal and communicate to the employee in writing within ;0 days of the employee's request for an appeal. F. The decision of the manager hearing the appeal shall be final and the employee is not entitled to further appeal the disciplinary action. III. Formal Appeal Process A. An employee who has been demoted, suspended or dismissed may request a formal appeal before the hearing official's manager. The hearing officer is that supervisor who conducted the hearing or would have conducted the hearing described in Section VI of the Disciplinary Action Policy 109.01. 8. Formal appeals by Executive Directors and Directors may be heard as prescribed by City Charter. C. A formal appeal in a structured, procedural hearing requiring City representatives to present evidence, introduce witnesses, and prove facts to support justification of the action taken against the employee. The employee or his representative has the right to present evidence, introduce witnesses and prove facts to support that the aetioi is unjustified. Each party is entitled to legal representation. The formal appeal will be heard by the manager according to guidelines outlined in Appendix A. i D. The employee must make the request for the formal appeal to the Director of Personnel/Employee Relations in writing within 10 days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. E. A decision will be rendered by the manager hearing the appeal and communicated to the appealing employee in writing within 30 days. F. The decision of the manager hearing the appeal will be final and the employee is not entitled to further appeal. Iv. Appeal Rights of Temporary, Seasonal and Probationary Employees A. Except as provided in Section 2, below, a probationary, temporary or seasonal employee may be suspended without pay, demoted, or dismissed without being afforded appeal rights. f Page-l_of 4 fOLICT/ADMINIBTRATIY$ PROCR UR$/ADM_rNIBTRATI DER$CTIY$ (Continue TETL$: APPBAL INU143BR: 109.03 B. If the conduct giving rise to the suspension, demotion, or dismissal falls within one of the following categories, appeal ` procedures shall be afforded: t 1. If the conduct constitutes the exercise of a constitutional f right, and if the department attempts to take an action against the employee for this activity. The department must demonstrate that the exercise of the constitutional right has f ? resulted in an impairment of the efficiency of the City. 2. If it has been recommended that the employee be suspended, demoted or dismissed and the conduct charged has been publicized to the extent that the good name, reputation, honor, or integrity of the employee is brought into dispute. Examples include, but are not limited to, dishonesty, criminal activity, immoral conduct or incompetency. Among the purposes of affording appeal rights are to permit the probationary, temporary or seasonal employee to record for future employment any facts in mitigation of the alleged conduct and/or refute or rebut public allegations concerning the conduct. i 3 j i 20711 03/21/88 i 1 r . l r CITY OF DINTON DISCIPLINARY APPIAL FORM s P110l1 DAM In accordance with Personnel Policy I wish to a ~ ppsa1 the following avloyment action: _ Suspension (copy of disoiplinary memo attached) _ Demotica (copy of demotion mean attached) k ` Dismissal (copy of disciplinary memo attached) f (f Other (specify: ) i my appeal is for the following reasons: I desire my appeal to be heard as follows: t Ll formal Appeal Ll Informal Appeal (Appeal Waiver must to attached) a a'Snature Street Address or P.O. Box f City$ State UP Code Telephone Number 2071] ,r E 1 I i • t a r i f AL JL I IL A IL -A -1 JL -1 1 1 -1 -L A" r r I f i !p' ~I i N I I F I I I 1 I 1 {Y[ 1 V 1 l M Fl LE I r S