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HomeMy WebLinkAbout09-20-1988 } AGENDA CITY OF DENTON CITY COUNCIL September 20, 1968 Work Session of the City of Denton City Council on Tuesday, September 20, 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. 5:30 p.m, 1. Receive an update on SPAN, City of Denton, and 1 University efforts to coordinate public transportation services, i Joint meeting with the City Council and the Cable TV Advisory Board on Tuesday, September 20, 1966 at 6:00 p.m. in the Civil Defense Room of City Hall at which the following item will be considered: l S:SO P.M. 1. Hold a discussion regarding the proposal for renewal of a cable television franchise agreement between the City of Denton and Sawmons Communications, Inc, r~ 2, Executive Session: ! ' w yl A. Legal Matters Under Sec. 2(eArt. 6151-17 i V.A.T.S. 1. Discussion of enforcement; of settlement agreement and security agreement in connection with County vs. City;- et. Al, B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, September 200 1986, at 7:00 p.m. In the Council Chambers of City Hall at which the following items will be considered: w 7:00 p.m. } 1. Consider approval of the minutes of the regular meetings of August 2 and August 16, 1986; the work sessions of August 23 and August 27, 1968;1and the special called meeting of August 30, 1988. i E If; I City of Denton City Council Agenda September 20, 1986 Page 2. Public Hearings A. Proposed annexation of 135 acres located south of Mills Road, east of Mayhill Road, and' north of McKinney Street adjacent to existing city limits. (A-55) B. Consider a petition of Wallace Duvall requesting historic landmark (H) designation at 116-20 North Locust Street. The property is further described in the William Neill Survey, Abstract No. 971. H-37 (The Historic Landmark Commission and the Nanning and Zoning Commission recommend approval,) 1. Consider adoption of an ordinance approving a historic landmark (H) designation at 116-20 North Locust Street. C. Consider a petition of Dale Irwin requesting a variance of Article 4.09 of the City of Denton Subdivision and Land Development Regulations at Carroll Boulevard and Highland Street, This property is further described as 0.927 acres in the William Loving Survey, Abstract No, 7S9. 10 Article 4.U9 requires the extension of a sewer line across the full width of the development lot in accordance with the Master Sewer Plan for the City of Denton. The petitioner is requesting a variance from this extension requirement. V-46 (The Planning and Zoning Commission recommmen3s approval.) j D. Consider a resolution adopting the Dentor. Development Plan (1988) and consider a wo:king intensity map, (The Planning and Zoning Commission recommends approval,) 1. Consider approval of a resolution adopting the Denton Development Plan (1966) and an Appendix A interim intensity boundary map. 3. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. ,r City of Denton City Council Agenda September 20, 1988 Page 3 Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. betalled back-up information is attached to the ordinances (Agenda item 4.A,). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid 09887 - Padmoupt Transformers Distribution 2. Bid 09888 • Power Transformer - Sub-station f 3. Bid 09891 - Printing Parks and Recreation ' Brochures for 1989 4. Bid 09873 • Repair Phoenix Apartments Phase III contract revision/change order - repair gas leaks. B. Contracts 1. Maintenance agreement with American Management Systems financial software "LGFS" $320250. (The Datt Processing i Advisory Board recommends approval). C. Plats and Replats if Consider approval of preliminary plat of Offenbacker Addition, Lots 2 and 3, Block i 1. (The Planning and Zoning Commission ! recommends approval.) 2 Consider approval of Township 11, Phase 2, Lot l4A 4lo y ck reAplat(The pr Planning and Zoning Commission recommends approval.) j D. Tax Refund 1 1. Consider approval of a tax refund for David J. Ruckman. 4. Ordinances j A. Consider adoptinn of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. -i e } i~ iy City of Denton City Council Agenda September 20, 196b Page 4 q ~r.\ B.. Consider adoption of an ordinance authorizing the execution of a change order to a contract, between the City of Denton and Landmark Company for an increase in the contract price. C. Consider adoption of an ordinance approving the ` expenditure of funds for maintenance services to the Ci.y's contract with American Management Systems. D. Consider adoption of an ordinance altering the prima facie speed limits established for vehicles under the provisions of Section 169(b) of Article 6701d, Vetnon's Texas Civil Statutes, upon portions of Mingo Road, within the corporate limits of the City of Denton, as set out in this ordinance; and providing a penalty of a fine not ` to exceed $200 for the violation of this i ordinance. (The Citizens Traffic Safety Support Commission recommends approval). } E. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with NPN, Inc. 1 (d/b/a NPH Architects) for professional architectural services relating to the design and construction of an addition to the Denton Senior Center. (The Parks and Recreation Board recommends approval). F. Consider adoption of an ordinance considering bids and awarding a contract for the construction of improvements to Teasley Lane. G. Consider adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 19 19bb, and ending on September 30, 1969, H. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1986; providing revenues for payment of current municipal expenses, and for interest and sinkingg fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; and providing for enforcement of collections. r 1 1. Consider adoption of an ordinance adopting new water rate schedules; providing for a severability clause; and providing for an effective date. (The Public Utilities Board recommends approval) I I y a i i I City of Denton City Council Agenda September 20, 1966 Page S J. Consider adoption of an ordinance approving an agreement between the City of Denton and Dave Krause for communication line services. K. Consider adoption of an ordinance of the City of Denton, Texas, establishing a fee to be charged for any application for any building or parking lot permit for any property to which the provisions of Article III of Appendix C of the Code of Ordinances apply. Resolutions A. Consider approval of a i,•solution approving budget adjustments for fiscal year 1967-bb. B. Consider approval of a resolution authorizing the City Manager to execute an assignment of a contract between the City of Denton and Dominion Bridge-Sulzer, Inc. to Sulzer Canada Inc. 6. Miscellaneous matters from the City Manager A. August Budget Recap ;t 7. Official Action on Executive Session Items: l A. Legal Matters -i B. Real Estate C. Personnel D. Board Appointments l j b. New Business: This item provides a section for Council Members to suggest items for future agendas. E" 9. Executive Session; A. Legal Matters Under Sec. 2(e), Art. 6152-17 V.A.T. S. B. Real Estate Under Sec. 2(fArt. 6251-17 V.A.T.S. " C. Personnel/Hoard Appointments Under Sec. 2(g), 3 Art 6252.17 V.A.T.S. 3 :J v f e amity of Trenton City Council Agenda September 20, 19bb 3 Page 6 C E A 1 I F I C A T E I certify that the above notice of meeting was posted on the bitlletin boar at the City Ha 1 of the City of De ton, Texas, on the day of,- 1966 at /O o'clock (a.m.) p.m. 01 2961C n < (Yf e C 10 1 ` l Y i 4A 3 r } I t'„ T 7 r AGENDA CITY OF DENTON CITY COUNCIL September 20, 1966 4 Woix Session of the City of Denton City Council or. Tuesday, September 20, 1966, 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. 5:30 P.M. 1. Receive an update on SPAN, City of Denton, and University efforts to coordinate public transportation services. Joint meeting with tae City Council and the Cable TV Advisory Board on Tuesday, September 20, 1966 at 6:00 p.m, in the Civil Defense Room of City Hall at which the following item will be considered: t 5:50 P.M. ff d 1. Hold a discussion regarding the proposal for renewal of a cable television franchise agreement between the City of Denton and Sammons Communications, Inc, 2, Executive Session: ``ffI A. Legal Matters Under Sec, 2(e), Art. 6252-17 j V.A.T.S. E i 1. Discussion of enforcement of settlement agreement and security agreement in connection with County vs. City, et. al. t B. Real Estate Under Sec. 2(f), Art. 6252-17 V,A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), € Art 5252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, September 20, 19660 at 7:00 p.m, in the Council Chnmbers of City Hall at rhich the fcllowing items will be considered: t I 7:00 p.m. . e1. Consider approval of the minutes of the regular meetings of August 2 and August 16, 1988; the work sessions of August 23 and August 27, 1968;1and the special called meeting of August 30, 198b. t s r City of Denton City Council Agenda f. September 20, 1986 Page 2 2. Public Hearings A. Proposed annexation of 135 acres located south of Mills Road, east of Mayhill Road, and north of McKinney Street adjacent to existing city limits. (A-55) B. Consider a petition of Wallace Duvall requesting historic landmark (H) designation at 116-20 North Locust Stre-tt. The property is further described in the Will;:am Neill Survey, Abstract No. 971. 11-37 (The Historic Landmark Commission and the Manning and Zoning Commission recommend approval.) 1. Consider adoption of an ordinance approving a historic landmark (H) designation at llb-20 North Locust Street. r C. Consider a petition of Dale Irwin requesting a I variance of Article 4.09 of the City of Denton i Subdivision and Land Development Regulations at Carroll Boulevard and Highland Street. This property is further described as 0.927 acres in the William Loving Survey, Abstract No, 759. Article 4.09 requires the extension of a sewer line across the full width of the development lot in accordance with the Master Sewer Plan for the Cites of Denton. The petitioner is requesting a variance from this extension requirement. V-46 (The Planning and Zoning Commission recommends approval.) D. Consider a resolution adopting the Denton Development Plan (1968) and consider a working intensity map. (The Planning and Zoning Commission recommends approval.) 1. Consider approval of a resolution adopting the Denton Development Plan (1966) and an Appendix A interim intensity boundary map. 3. Consent Agenda Each of these stews is recommended by the Staff and approval thereof will be strictly on the basis of the Staff +ecommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. i f J i t City of Denton City Council Agenda September 20, 196b s Page 3 Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agendo. Detailed back-up information is attached to the ordinances (Agenda item 4.A.). This listing is provided on the -,onsent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase l,rders: 1. Bid #9 W - Padmount Transformers - Distribution 2. Bid 89bb6 - Power Transformer - Sub-station 3, Bid 19691 - Printing Parks and Recreatioi-, Brochures for 1969 4. Bid 19673 - Repair Phoenix Apartments Phase III contract revision/change order - repair gas leaks. E B. Contracts 11 Maintenance agreement with American Management Systems - financial software "LGFS" - $329250. (The Data Processing Advisory board recommends approval). C. Plats and Replats 1. Consider approval of preliminary plat of Offenbacker Addition, Lots 2 and 3, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary replat of Township I1, Phase 2, Lot 4A, Block A. (The ; j Planning and Zoning Commission recommends approval.) r D. Tax Refund 1. Consider approval of a tax refund for David J. Ruckman. 4. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. I v I ,g s City of Denton City Council Agenda September 20, 1966 Page 4 j B. Consider adoption of an ordinance authorizing the execution change order contract betwecrn of Denton and Landmark Company for an t increase in the contract price. C. Consider adoption of an ordinance approving the € expenditure of funds for maintenance services to the City's contract with American Management Systems. D. Consider adoption of an ordinance flt ring the prima facie speed limits established under the provisions e' Section 169(b) of Artic'e 6701d, Vernon's Texas Civil Statutes, upun ;.ortions of Mingo Road, within the rorpoate limits of the City of Denton, as set out in this ordinance; and providing a penalty of a fine not to exceed $200 for the violation of this ordinance. (The Citizens Traffic Safety Support Commission recommends approval). ! j E. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with NPH, Inc. t (d/b/a NPH Architects) for professional architectural services relating to the design and construction of an addition to the Denton Senior Center. (The Parks and Recreation Board reco-rmends approval). cof an ontract ordinance P. bids Consider construction and awarding adoption t of improvements to Teasley Lane. i G. Consider adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1966, and rnding on September 30, 1969. r H. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1986; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain t homesteads; and providing for enforcement of collections. 1. Consider adoption of an ordinance adopting new water rate schedules; providing for a severability clause; and Public Utilities or effective Board recommends approval) .l f4; I f City of Denton City Council Agenda September 20, 1966 Page 5 J. Consider adoption of an ordinance approving an agreement between the City of Denton and Dave Krause for communication line services. K. Consider adoption of an ordinance of the City of Denton, Texas, establishing a fee to be charged for any application for ary building or parking lot permit for any property to which the rovisions of Article III of Appendix C of the Code of Ordinances apply. F 5. Resolutions A. Consider approval of a resolution approving budget adjustments for fiscal year 1967-66, B, Consider approval of a resolution authorizing the § ° City Manager to execute an assignment of a contract between the Clty of Denton and Dominion f Bridge-Sulzer, Inc. to Sulzer Canada Inc. 6. Miscellaneous matters from the. City Manager A. August Budget Recap i 7. Official Action on Executive Session Items: A. Legal Matters B. Real Estate L• Personnel D. Board Appointments 3 6. New Business: This item provides a section for Council Members to suggest items for future agendas. 90 Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6251-17 a V.A.T.S. 8. Real Estate Under Sec. 1(f), Art. 6152-17 V.A.T.S. C. Personnel /Hoard Appointments Under Sec. 2(g), Art 6252-17 V.A. T.S. j ~I City of Denton City Council Agenda September 20, 1966 Page 6 C h R] 1 F i C A T E 4 I certify that the above notice of meeting wee, posted on the I bulletin board at the City Nall of the City of Denton, Texas, on the day of , 198b at o'clock (a.m.) prmr 4Yti" -'Z'7 29610 i 1 p. i t i rs 3 t i r r I 1 I J I r 1 f i ph 1 i I I i f 1 i f 1 5 11 F JA F v i I I i i r `a r vTvv REPORT ON qtr TRANSPORTATION SERVICES 1 IN DENTON I j lI ' v v ~ r f r ri I24bk f y: i 3 i~ J REPORT ON TRANSPORTATION SERVICES ! IN DENTON 1 Purpose and Background 3 I This material was prepared to familiarize readers with studies, facts, and Information about the city of Denton relative to transportation services, both existing and proposed. the i followingeeslbility of e tablishing a 1xblic c transportation system that could acomplish possibility L hShutvLe or transt the general opping areas, major employment blcenters, medical facilities, land high density housing axas. 2. Combine, coordinate, and better utilize resources devoted to transportation services currontly being provided by different entities in the community. 3. Pry for itself with no additional significant financial outlays or potential for becoming a burden upon taxpayers. The occurrence that has triggered this latest look at what is available and possible In the comm for ttansportationof unity any sort SPAN to broaden , the agency currein the way of ntly providing scheduled transportation is the services. Public transportation Is a service that laW short of community needs, yet it Is perceived as Important according to citizen surveys, feasibility analyses sad studies conducted by substantial sties popwere conducted ulation growth 1982 and 1985, a period In transportation enton was professionals, which The current population of the City of Denton is 67,000, compared to a 1980 census figure of 48,063. The presence of two vibrant state supported universities (Texas Woman's University and University of North Texas) with a combined enrollment of approximately 32,000, a positive geographic relationship to the Dallas/Port Worth region, an expanding employment base, an aggressive economic development strategy, and a large amount of undeveloped property (75% of 67 square miles currently within City boundaries) are some j of the tangible reasons growth is expected to continue, it Is obvious that if public transportation needs are a concern today, the situation will become even more crucial In future yeas. Now U the time to start planning for Denton's future transportation needs. Expanding services akeae'y in existence, making transportation needs (ous stops, transfer to transportation points servlces etc.) a part of ile are all vital aspects oft public tprocess, ransportation planning In Denton, Exist~l Currently, there are four providers of intracity transportation operating in Denton. Denton Taxi is the only one whose services are available to the general public, Their 1246k ti ti i N I Transportation Services ir: Denton Page 2 i fleet of five tad cabs operate on a demand responsive basis, offering curb to curb service at a charge of $1.20 plus $1.00 for each mile traveled. Texas Woman's University's Student Life Center operated a transportation service for its students for the first time in the Fall and Spring of 1987/88. One twelve-passenger van carried 5 to 25 passengers per day between 2:00 p.m. and 9:00 p.m. The van was driven by students who were paid minimum wage and the charge per trip was $1.00. This service was primarily used by dormitory residents without other means of transportation. Golden Triangle Mall was tho ^ ost frequent destination and occasional trips were made to medical facilities and m. for employment sites. The van was not purchased for this specific purpose. Operating costs and revenues were estimated at $3,000.00 and $2,000.00 ` per year, respectively. The individual responsible for this service Indicated a strong fl desire on the part of the students to continue the service during the 1988-89 school year and the commitment has been made to do so. The University of North Texas' campus police operate a full-fledged shuttle system for its students. Presently, it is a fixed route system that takes students to and from the parking lots on the edge of campus. This fall, UNT is expanding its operations to offer a free shuttle service between six apartment complexes in the city and campus. A list of the f apartment complexes that will be a part of the rate Is included In Appendix D. A subsidy of approximately $35 per month will be paid by the complexes for the service. As this new aspect of their shuttle system comes on line, the 25it fare will no longer be required for wcampus usage; replacement funds will be taken from the University's parking permit fees. Two 44-passenger buses, three 24-passenger buses, a IS-passenger van, and j a nine-passenger van make up the shuttle system fleet. Estimated ridership Is 1,100 trips per day during long semesters; the service is not provided during summer semester. Vehicle operating mile. An estimae ocost f $1.30 W $t1 5orhead bee 0 per mile was provided for total at~tely s314 e per operating expenses. Service Programs for Aging Needs (SPAN) is the key provider of transportetlon in Denton. SPAN has been serving the elderly and handicapped In Denton County sine 1974, but now has an opportunity to expand its services to Include the general public. SPAN's fleet has grown from one vehicle to ten which provide more than 3,500 rides per month. SPAN's funding comes from a variety of federal, state, local, and private sources. Because SPAN receives money from the Older Americans Act for its senior citizens service, It is prohibited from collecting fares for this particular aspect of its operation. There are donation boxes in each vehicle but contributions are not mandatory. Handlilop, SPAN's service for the handicapped is not subject to the same requirements as the senior citizen service, therefore, its users are charged $t.00 per trip. HandiHop rides must begin and end within Denton city limits. SPAN operates on a demand responsive basis. An eligible rider contacts the office the day before the ride is needed and makes arrangements to have a vehicle pick them up, deliver them to their destination, and return them to their home. i Section 18 Proaram In 1987, SPAN was recognized as the public transportation provider In Denton County by the Department of Transportation. In April, 1987, SPAN began receiving funds from the 1246k , I r Transportation Services in Denton Page 3 1 Urban Mass Transportation Agency (UMTA) through the Texas Department of Highways } and Public Transportation. This funding is provided by Section 18 of the Surface Transportation Act of 1978 and is commonly referred to as the Section IS Program. Governmental entities as well as non-profit organizations in non-urbanized areas are eligible for Section 18 funds. A population of less than 50,000 based on the latest census determines whether an area is categorized as non-urbanized. Denton's population was 48,063 according to the 1980 census. The funds were applied for In December of 1986 and notification of $307,566 In capital funding was received on February 2, 1987. Section i8 transportation funds are used for capital expenditures on an 80/20 matching basis, and for operational costs on & 50/50 basis. SPAN is using the money tot-. :ld anew office/service center complex and to purchase 12 new vehicles. Since receiving Section 18 funds, SPAN Is planning to provide transportation services to the general public in portions of Denton County. Potential fixed route/fixed schedule services are being studied; however, public routes will not be implemented until after the vehicles are delivered. As previously mentioned, non-profit organizations such as SPAN are eligible for Section 18 funds. When the 1990 census becomes official, Denton's population will exceed $0,000 and SPAN will no longer be eligible for Section 18 funds. Denton will bo categorized as an urban area by the federal government and will have to compete for federal transportation funds under the Section 9 program. While there is currently more money allocated under the Section 9 program, governmental agencies are the only entities eligible for these funds. The City of Denton could , pply for funds and contract with SPAN to continue to provide tha actual transportatkn service. Considerable planning must be done, and as stated earlier, coordination of evadable services and resources devoted to transporting segments of the community will become even more essential. i CONCLUSION SPAN's opportunity to provide the general public with some form of public transportation could evolve Into a more effective and efficient community-wide system if cooperation and coordination between both universities, mRior employers and businesses, the City of Denton and SPAN is accomplished. The City of Denton can best assist at this time by i pulling all affected groups together, providing technical guidance, and establishing the role it will play once Denton is classified as an urban community. RECOMMfiNDATIONS o That SPAN, Texas Woman's University, University of North Texas and the City of Denton immediately form a coordinating team comprised of staff members familiar with existing services provided by each; it is also Important that these individuals have easy access to their respective organization's ultimate decision makers and are in a position to propose solutions on their behalf, o That the North Central Texas Council of Government (NCTCOG) be used as a ` principal technical consultant liaison between the coordinating team and transportation agencies whose support will be needed. Rese2rch of systems 1 operating In environments similar to Denton's, and detailed guidance In terms of 1246k y i I r Transportation Services 4, Denton Page 4 i routes ir►d other immediate and long term planning Issues is the specific type of assistance NCTCOG might provide. Preliminary indications are that NCTCOG Is anxious to make their services available. o That the coordinating team prepare and give regular progress reports to leaders of Involved >rganizations and solicit support from the private sector once more concrete plans are prepared and accepted. a SUMMARY OF DENTON TRANSPORTATION STUDIES Denton Transit Feasibility Study State Department of Highways and Public Transportation August, 1982. A survey was distributed to residents through utility bills, campus mail, and doorhangers. A total of 16,300 questionnalres were distributed and 5,763 were returned (a 35% rerponse 'I rate). Survey respondents favored some form of public transportation by a 7 to 1 ratio. Most people would ride occasionally for shcn -Ing, work, or medical reasons. The expected cost per trip should be $30 or less. At the time of the survey, 40% of those responding were transit dependent and S% had a handicapped person In residence. Downtown Denton, medical facilities, Texas Woman's University, the University of North Texas, Denton Shopping Center, and Golden Triangle Mall were cited most fregrently+ as the destinations for those people that would use a public transportation system. This study also compared the advantages and disadvantages of fixed route/fixed schedule and demand responsive transportation systems. Appendix A presents a summary of the advantages and disadvantages. I The study also provides an estimate of ridership, revenues, and expenditures for a possible system. Both fixed route and demand responsive systems are analyzed using different estimates for ridership, fleet size, fares, capital costs, and hours of operation. These estimates are included in Appendix B. a SPAN: Reverwe Analysis and Transit Do ielocment Ptan McDonald Transit Associates, Inc. November, 1986 This study was done for SPAN to analyze the revenues end expenditures that can be M expected when SPAN broadens its transportation operations to include the general public. Appendix C summarizes the ridership, Lvvenue, and expenditure projections cont%lned In 1 thb study. The real strength of this study is its catalogue of available h!nancial aid for public transportation agencies. One hundred different social service programs that provide funding are listed as well as the matching fund requirements. 1246k 1 r V-7 f APPENDIX A BASIC FACTS ABOUT FIXED ROUTE/FIXED SCHEDULE AND DEMAND RESPONSIVE TRANSIT FIXED-ROUTE FIXED-SCHEDULE (FR-FS) Advantages i I. Regular schedules and routes which help build customer confidence. 2. Equipment can be of any size. 3. Operating expenses can be accurately estimated because route mileage, vehicle hours, and opt rator hours are fixed. E 4. Fares are lower than demand responsive transit. 'There are two reasons for this, 03 above, and fewer amenities are offered. Disadvantages I. During peak operating hours some passengers may have to stand. 2. Transfers are sometimes needed to complete trips. { DEMAND RESPONSIVE TRANSIT (DRT) I Advantages 1 1. Flexible routes and schedule provide customers with additional service. ! 2. Transfers are not needed. f 3. Seating is guaranteed. Disadv~t gea g ~ ' ' 1. Operating expenses csumot be accurately estimated. 2. Fares are traditions J lly higher than FR-FS systems, partly because of the high level of service. 3. Scheduling is more difficult than for FR-FS. 4. Smaller vehicles must be used to negotiate residential streets. r 1246k 4 a i~ z z sS 1 i APPENDIX B Denton Ridership and Revenue estimates for two types of transportation delivery systems taken from the 1982 Highwa, Department study. RIDERSHIP Fixed Route - Ftxed Schedule: Two methods were used to project ridership. Annual Ridership Daily Ridership Method 1 310.000 1,230 j Method 2 327,000 1,300 Demand Resvonsive Transit: For this type of transit, ridership Is a function of service area, base population, vehicle hours, and fleet size. The formula is: i ADR 8.55 + .00245(SAP) - 4.635(SA) + S.736(VHPD) + 40.075(FS) 1 ADR . Average Dally Ridership SAP Service Area Population SA Service Area (38 square miles) VHPD .Vehicle Hours Per Day FS . Fleet Size r I 1 ADR for various system options (DRT) Option Service Area Service Vehicle Hours Fleet Average Daily Powtotton Area Ve cle Per Day Size Rklers 1 48,000 38 4 12 S 408 2 48,000 38 4 l0 5 362 3 48,000 38 5 12 6 557 4 48,000 38 6 12 7 626 REVENUES Transit ryatenu usually derive income from three sources: fares, charters, and advertisements. Since chartering and advertising revenues are hard to predict, only fare estimates are projected. F ]fate -Fixed Service f Method l: 310,000 passengers annually $.75 base fare and $35 discount fare $170,500 annual revenues Method 2: 327,000 passengers annually $.75 base fare and $.35 discount fare $179,850 unualrevenues 1246k ;t 1 1 Appendix 13 ► Page 2 Demand Rernorsive Tramit: Average Daily A ~PSiw~ idR a hi Davr/Year But Fare Discount Fare evernier 408 252 8 252 $1,00 5150 $ 77,1t2 M1'+ 1 40 2 362 252 SL50 5.75 $115,668 .00 2 362 $1, 0 $,50 $69.418 252 3 557 252 $L,00 S•75 $102,627 3 557 252 $1,50 $.50 $105,273 4 626 252 $.75 $157,910 4 626 252 $1,00 $-50 $118,314 $1,50 $.75 $177,471 i 1 f I f I 1 ~L it ' 1 I a Y I rp f + ~I Y yi A r~ a + ;,ja 1246k I 4 I' i N APPENDIX C w McDonald Transit Associates, Inc.: Summary of Ridership, Revenues, Expenditures I .F ~ A summary of ridership, revenues and extenditures that can be expected when SPAN broadens its services. ASSUMPTIONS: Total Mites $120,880.00 ? Total Hours 8,050.00 j Total Riders 90 66000 Passengers Per Mile .75 Operating Costs Per Hour E `i Fare Per Rider 40, { t , Total Annual Operating/Administrative Costs (No Capital Costs) 201,250.00 w Annual Fare Revenue 1 ]6,264.00 f Net Mnual Operating Cat 164,626.00 t i ~I~rJ F~ f ` R1 ~ 1. y 9 sy t d, r 1246k M F t t, ' APPENDIX D r Apartment complexes that will be serviced by University of North Texas off-campus shuttle system. £ Fw. st Ridge ' HotlyhUts La Colina Ranch j. Londonderry Oaks Oak Meadows Pace's Crossing The Residence Sunburst Place 11 westwind f i ~ f. i „a l 1 4 ~ 1 i i i z. LAL L-L I s 44 L14 I I c { { . I f DATE: September 9, 1988 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PROPOSAL FROM SAMMONS COMMUNICATIONS, INC. FOR RENEWAL OF ITS CABLE TELEVISION FRANCHISE AGREEMENT E RECOMMENDATION: The Cable Television Advisory Board and staff recommend approval. a SUMMARY: y, This proposal for renewal contains provisions which include an upgrade of the ti cable system from 36 channels to 60 channels, increased selection of types of j C programming, an increase in the annual franchise fee payment and stringent I customer service standards. This proposal will allow the City 'Co effectively monitor the operations of Sammons and ensure that the subscriber receives quality service. P BACKGROUND: a The 1984 Cable Communications Act outlines procedures which must be followed by a franchising authority when renewing a cable franchise agreement. Once a ' cable operator has submitted a Proposal for Renewal, the franchising author!- ty (City) must either (a) renew the franchise, or (b) issue a preliminary assessment that the franchise should not be renewed end state grounds fur 0 denial which must be one of four reasons outlined in the 1984 Act, Renewal ur denial of the franchise must take place within a four month time period after the Proposal his been submitted; therefore, this renewal must be completed by November 8, 1988. t PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: tt All City departments wil 1 be affected through the of a local development and operation government channel. Training activities will be coordinated j? through the cable system for the Police and Fire Departments, 4 Citieens will benefit. p . 1 , /_nnnnnn~r , f t 3 SIMMONS ti i CITY COUNCIL REPORT FORMAT September 9, 1988 Page 2 FISCAL IMPACT: This will have a very positive fiscal impact on the City, Franchise fee revenues will increase from 3 percent of Sammons' annual gross receipts to 5 percent. The City will also receive a $60,000 grant from Sammons to purchase equipment for the operation of a local government channel and a $35,000 payment for reimbursement of refranchisement costs. i 4Reopectfu ubmitted, ll ty Manager Prepared by: J64a Moore i} Administrativc Analyst , Approved by: ~ t Bill Angal Director of Community Services r; A 6 { 1J09098815/2 l 1 I cirr of DENTON, TEXAS MUN10PAL BU1L01NG ! DENTON, TEXAS 76201 ! TELEPHONE (817) 566.8200 DATE: September 90 1988 TO: Bill Angelo, Di ector of Community Services FROM: Julia Moore, Administrative Analyst I i RE: CABLE BOARD RECOMMENDATION ON f CABLE TELEVISION FRANCHISE RENEWAL 1 j The Cable Television Advisory Board met on August 31, 1988, and approved a recommendation for terms for the renewal of the current cable tele- vision franchise agreement betwe:n the City of Denton and Sammons Communications, Inc, These terms are 11sted below and represent the major provisions to be included in the new franchise agreement. Upgrade channel capacity from 36 to 60 channels within 48 months of renewal of the franchise, * Increase franchise fee payment from 3 percent to 5 percent of gross revenues, k Upgraded system will have two way service capability through- out the entire system - only downaCream (headend to subscrib- er) to be activated initially. 1 k Sammons Communications will pay to the City of Denton a f maximum of $35,000 for refranchisement costs. This payment is s due in one lump sum at the time the franchise agreement is I signed. k Five access channels will be provided for the following A' designated uses: North Texas State University, Texas Woman's University, Public Access/Local Origination, Local Govern- ment/Denton Independent School District, Educational Access. I , k Sammons will provide a ;60,000 grant to the City for purchase of equipment to operate the Local Government channel, This y 1 ~ f 1jm09138876/1 .1 , 1 1 4°. CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 Page 2 grant is due in one lump sum payment at the time the franchise agreement is signed. Any casts for remodeling the Council Chambers for broadcast purposes would be drawn from the $60,000. * Sammons will construct cable lines to and between six munici- pal facilities to be used as remote video insertion points for origination and transmission of programming. The facilities are: the Municipal Building, Central Fire Station, Service Center, Police Station, Library, Civic Center. e Sammons shall continue to provide the equipment necessary for the City of Denton's emergency override system which includes a Remote Data Terminal, telephone lines, modems, etc., as specified in the Mac Kenna Park Tower Agreement. * Sammons shall continue to provide public access facilities including a studio and production manager. e Sammons will produce a minimum of 400 hours of local origina- tion programming annually. One hundred (100) of these hours can be supplied using programming from other Sammons sources. E Sammons will be required to keep a list of inquiries on public access training and conduct training sessions on a quarterly basis, i a Sammons will provide an instructor and facilities free of charge for annual training sessions offered through the Denton a Independent School District. i e Sammons and the City of Denton will mutually agree upon the } establishment of rules and rates for the use of public access facilities. There will be no rates charged for public access j facility use during the interim between signing a new fran- chise agreement and the City and Sammons mutually agreeing f upon the rates. q Signal quality dispute provision to be included - if there is a dispute between the user of an access channel and the cable operator concerning the quality of the audio/video signal, at the request of either party, the dispute will be submitted to an independent engineer to be jointly selected by the City and the Cable Company. The party that is found to be at fault will be required to pay for the cost of the testing and analysis performed by the engineer, 1jm09198876/2 0 f ,a: I~ 1 F CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 r Page 3 i I Commercial leased access - under Federal law, Sammons will be required to designate 15 percent of its activated channels for commercial use. * Consumer Service Standards - The City and Sammons agree to the following consumer service and grievance standards. These standards are in addition to service standards included in the revised regulatory ordinance. f (a) Sammons to maintain an office within City limits of Denton. (b) Local toll-free telephone number required so that consum- er complaints can be received by Sammons on a 24-hour basis. I (c) Sammons shall obtain and maintain sufficient telephone 1 lines and staffing so as not to unreasonably delay the answering of all telephone calls. The City, upon receiv- ing repetitive documented complaints from subscribers j regarding their inability to reach the cable company during non-emergency, non-system outage periods, may seek the remedy provided in the regulatory ordinance (liq- j utdated damages), j (d) Sammons is to respond to complaints promptly, and if possible resolve complaints within 24 hours - Sammons j shall establish procedures for receiving and acting upon, and resolving subscriber complaints to the satisfaction of the City Manager, Notice of procedure shall be given i to subscribers annually. A telephone number for sub- scriber complaints shall be displayed on all customer bills and in the Denton telephone directory. The Re- pair/Service telephone number shall be designated as a 24-hour number. e Refunds ( ) are to be made available to subscribers commenc- ing 48 hours after notifying Sammons of loss of service, r 1 (f) Sammons shall provide at least 10 days written notice p+,ior to discontinuance of service to the subscriber. `r (g) All personnel, agents and representatives of Sammons Including subcontractors shall weak, photo identification ` badges. 1 1jm09138876/3 i ' I' i , CABLE BOARD RECOMMENDATION ON FRANCIU SF RENEWAL September 9, 1988 Page 4 i a (h) Sammons shall provide advance notice, in light of circum- stances, prior to entry, whenever desiring to enter any s private property. (f) Sammons shall notify customer of expected time of service visit. Such notification shall indicate whether visit will be before or after noon. Sammons shall accommodate customers as to choice of mornint or afternoon visit. Sammons shall annually provide customers, and potential subscribers with complete listing of service offerings, options, prices and credit policies, * Sammons will have standby power supplies installed at the headend, with transportation and trunk amplifiers providing emergency power for a minimum of two hours within six months of the grant of the franchise renewal. * Sammons will be required to extend cable service to any contiguous area not designated for initial service in the construction plan when there exists a density of thirty-five (35) dwelling units per street mile in areas served by aerial or fifty (50) dwelling units per street mile for underground cable. Service to lower density areas will be extended based upon a cost-sharing formula to be arranged with subscribers, * Sammons agrees to provide a diversity of programming and at the completion of the system upgrade provide the followings A, Provide full channels for Arts and Entertainment and Nichoiodeon which presently share a channel, B. Add two new channels, Discovery and the Weather Channel. t 4 C. Add a "Pay-Per-View" channel. * Sammons will continue to provide the best system currently available in order to achieve a user friendly system for integrating cable ready television sets, VCR's, cable system converters and customer-owned remote control devices. * Th: length of the new franchise agreement will be fifteen (15) yeaes with a midpoint performance review which can include but a not limited to a consumer survey, technical review and financial analysis. The coats associated with this review are to be paid by Sammons with the maximum cost not to exceed j 1jm09138876/4 r a CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 Page 5 1 i $25,000 CPI. The City of Denton will provide a list of t%ree notionally recognized consultants to perform the review and Sammons must mutually agree with City on one of these. The above terms are the result of a lengthy refranchisement process which has included public hearings, a consumer survey of Denton resi- F dents to determine their views regarding cable television service, a technical and financial evaluation of Sammons Communications, Inc. conducted by CTIC and Associates and finally the development of a Request for Proposal. In order to comply with renewal procedures outlined in the Cable Communications Policy Act of 1984, staff is also recommending the following actions in order to complete the refranchisement process by November 8, 1988. October 4, 1988 City Council conduct a public hearing on , the recommendations. October 18, 1988 - Consideration of formal approval of refranchisement terms by City Council. i Consideration of Cable Television Ordi- ; nance amendments. November 10 1988 - Adoption of CATV Ordinance amendments. 1 1 Renewal of franchise agreement between Sammons Communications, Inc. and the City v. of Denton. I will be happy to provide any further information if needed. 1 JM/ac i I i j 1 I ljm09138876/5 f 1 i i MINUTES CABLE TV ADVISORY BOARD AUGUST 31, 1988 PRESENT Charlie McNeil G. L. Seligmann, Chairperson ` Darlene Whitten F ABSENT II Jim Alexander, Council Liaison `leta Carstarphen it Joseph Fearing I STAFF PRESENT ~ Debra Adami-Drayovitet; City Attorney Julia Moore, Administrative Analyst E The Cable Television Advisory Board meeting was called to order by Chairperson Seligmann at 6:15 P.M .j on Wednesday, August 311 19880 in the Utility Conference Room ' of the Service Center, 901 Texas Street, r l A. " ITEM 11 The board unanimously approved the minutes of the July 21, 1988, and July 27, 1988, CATV board meetings. ITEM 12 The board reviewed the proposed amendments to Chapter 5j of the Code of I ` Ordinances. Charlie McNeil stated that the issue of VCR and remote control compatibility was very important and the board should continue E to pursue options to assist the customer in obtaining a user friendly ; ' system. Darlene Whitten expressed a concern that Section 51-77(9) did not j include the Center for the Visual Arts and the Ray:or Center for the Performing Arts as public buildings to be connected to the cable system at no charge and that Sammons had previously committed to providing two way capability for both buildings. Staff responded that Sea tion 51-77(9) referred to the provision of basic cable drops and that i 1jm09028873/1 1 a N r y CABLE TV ADVISORY BOARD MINUTES August 31, 1988 Page 2 the provision of two way service to the V.-o Arts buildings was a sepa- rate issue. Staff further explained that Sammons had responded to this issue in its Proposal for Renewal which states that Sammons will provide a dedicated cable to the headend from both buildings upon the request of the Greater Denton Arts Ceancil. Therefore, a provision to this effect f will be included in the new franchise agreement. Chairperson Seligmann expressed a concern that Section 51-69 would lock the City into receiving a maximum of 5 percent for a franchise fee and f that if there was a change in the Federal law which affected the per- centage that was allowable, the City would want to be able to increase the fee. Ma. Drayovitch noted that she would look at rewording this to ensure that the City receives a minimum of 5 percent with a maximum of whatever is allowable under the Cable Act. d IT4y 13 Staff discussed the results of its meeting with Sammons Communications, Inc, concerning the CATV Board's recommendations on Sammons' Proposal for Renewal of its franchise agreement and then reviewed the agreed-upon terms (see attached summary). The board voiced no objections and staff further explained that the agreed-upon terms would be submitted to the City Council for their approval. Darlene Whitten suggested that the newspaper should be provided with information prior to the meeting in j order to inform the p,iblic of the refranchisement process and issues. i i ITEM N8 f ~ Staff opened a discussion on changing the meeting nights and the board I agreed to meeting on Thursday Instead of Wednesday. Staff also briefed the board on the status of cable service to the down- tow: square area - cab'.e has been laid and Sammons should be contacting the individual businesses within the next two weeks. The meeting was adjourned at 8110 P.M. V f ljm09028813/2 F _ r - I r i 1 i SUMMARY OF CITY OF DENTON/SAMMONS COMMUNICATIONS, INC. ! DISCUSSION OF CATV BOARD RECOMMENDATIONS NEGOTIABLE ITEMS o BOARD RECOMMENDATIONS AGREED UPON TERMS Standby power supply of two hours. Same 1f Local origination programming. Minimum of 400 total hours of Minimum number of hours produced local origination. a' annually - 400 to 600. 100 hours can be supplied using M programming from other Sammons sources. E Cable company to keep list of Cable company to keep list of in- Inquiries on public access training quiries on public access training and conduct training sessions, and conduct the sessions on a Minimum requirement of ten persona. quarterly basis. This does not in- i elude the annual training session sponsored through the Denton Independent School District. f Drop request to equip the Council Sammons will provide a $60,000 Chambers in return for $609000 grant due in one lump sum payment 1 grant to purchase equipment for at the time the franchtes agree- operation of local government went is signed. If City decides to channel, equip Council Chambers, that cost would be drawn from the $60,000 grant. i Maximum payment from Sammons of Maximum payment from Sammons of 1 $33,000 for refranchisement costs. $35,000 for rafranchisement costs duo in one lump sum at the time of the signing of the franchise agree- meet. r .,near ss~t it ILI SUMMARY OF RECOMMENDATIONS Page 2 BOARD RECOMMENDATIONS AGREED UPON TERMS 15 year franchise term in return for: Sammons agrees with the stipulation payment of rafranchisement that the City select three fee ($39_,000) nationally recognized consultants - training sessions for public to perform review and Sammons has access use to a)lree on one, Maximum cost of 1 - performance review to be review not to exceed $23,000 CPI. I conducted at the midpoint of the franchise agreement, E Costs associated with perfor- { I manna review which can include j but are not limited to a coneumar survey, technical review and financial analysis, j are to be paid by cable operator, 'I f i r 'I 1 ; i j 1 1: l 6 i 1 i 6 I I f r i I I i ~ r i j ~.e +H 1 II'i I. i I I~ CITY OF DENTON CITY COUNCIL MINUTES G AUGUST 2, 1988 ! The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Gorton and McAdams, ~t I ABSENT: Council Member Boyd 1. The Council held a discussion of Appendix A of the k Denton Development Plan, { Frank Robbins, Executive Director of Plarning, stated that direction from Council was needed on the following items: which option to choose for Appendix A, the appointment of the } Task Force and determination of when the public hearings would b- held for the plan adoption. Robbins reviewed the three options presented at the last work session and added an additional option which would be to the charge the Appendix A Task Force to complete the boundary studies first and recommend that component before the methodology and the data. Council then held a discussion centering on the provisions of the plans for Appendix A. Consensus was to appoint the Task Force schedule the public hearing when the Legal Department had finished work on the Plan and after receiving a report from the Task Force decide on which option to follow. R 2. The Council did not meet to Executive Session during the Work Session. The Council then convened in the Council Chambers to continue the Work Session. 1. The Council held a discussion regarding the Teasley Lane median design. a Lloyd Harrell, City Manager, stated that the State was about ready to being design work on the Teasley Lane project and had requested a decision from the Council regarding the design of the median - whether flush or raised. Since then, Staff had had a series of discussion with the various property owners along leasley Lane. Kick Svehla, Deputy City Manager, reviewed recommendations regarding the median design and stated that Staff was recommending a raised median with access provisions for residents and businesses along Teasley. He presented an overview of the proposed plan. :r -T - T - ~ ~ T ~ T if City of Denton city council Minutes August 2, 1988 Page 2 Joe Bendzick, Greater Southwest Properties, requested a signal be place at the first opening in the for easier traffic flow. Proposed median to allow f Ray Abbott, business owner in the area, also requested a signal at that location, Earkat Alie, business owner, agreed to the plan but stated that the raised median would hurt some of his business with no left turn allow to his store. Staff was directed to submit a formal proposal to Council to be j acted on in the near future, i The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. 1 PRESENT: Mayor Stephenst Mayor Pro Tem Hopkins; Council r Members Alexander, Ayer, Gorton aad McAdams, ABSENT: Council Member Boyd i 1. The Council considered approval of the minutes of the ' regular meeting of !,11v 5 and July 19, 1988. McAdams motion, Gorton second to approve the minutes as presented. Motion carried unanimously, { 2• The Council opened and read bids for the purchase of .~,L $3,500,000.00 City of Denton Utility System Revenue Bonds, 9 Series 1988. t Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. Frank Medanich, First Southwest, opened the bids and read the. effective interest rate of each as followed: Merrill Lynch I Capital Markets - 7.44691 Clayton Brown and Associates - ` 7.510591 Smith Barney and Associates - 7.461561 Shearson American Express Inc. - 7,48592= Raucher Pierce Resfnes, Inc. - s 7.378192. Medanich stated that he and his associates would check the bids and would return shortly with the results, Mayor Pro Tem Hopkins returned to the meeting, r 3• Public Hearings. A. The Council considered a petition of Sill Cudd requesting approval of a detailed plan in compliance with a concept plan. The property was part of a planned development 1 (PD-119) located at the northeast corner of Old North Road and University Drive, The property was located in the R. B. Longbottom Survey, Abstract No. 775, and shown in the Northwood G arden Professionals' Office Park. If approved, the property would Planning utilized fo~ an development. Z-88-608. (T;1e 9 and Zoning Commission recommended approval.) i I~I I J It ' 1 ' I City of Denton City Council Minutes August 2, 1968 Page 3 ij The Mayor opened the public hearing. i Bill Cudd spoke in favor of the petition. He stated that four r, buildings were now complete. He stated that they were ready to begin the second phase of building which would include more professional offices which would follow the original plan as presented. I No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was the second detail plan presented. It was before Council as the petitioner was requesting a change of phasing - Phase IV was being substituted for Phase ii, Staff had no problems with the substitution and stated that it was a good transition. The following ordinance was considered: NO. 88-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING t FOR THE APPROVAL OF A DETAILED PLAN FOR 3.9 ACRES OF THE PLANNED DEVELOPMENT DISTRICT (PD-119) LOCATED AT THE NORTHWEST CORNER OF U. S. HIGHWAY 380 AND OLD NORTH ROAD AS CREATED BY ORDINANCE NO. 86-172; ;j PROVIDING FOR APPROVAL OF A REVISED SCHEDULE AND ORDER ! OF DEVELOPMENT FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO THOUSAND DOLLARS C FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. ! " Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. B. The Council considered a x proposed annexation of 10.8309 acres being part of the J. Dickson Survey, Abstract No. y 342, and the A. Cannon Survey, Abstract No. 232, and located at FM 2181 and Old Alton Road. (A-561 The Mayor opened the public hearing. No one spoke in favor. E 1 i L ~t . City of Denton City Council Minutes August 2, 1988 Page 4 j - R. D. Martin, property owner of the proposed annexed property, spoke in opposition. He stated that a lift station was adjacent to his property which devalued his property. The City had condemned part of his property for an access to the lift station. He was proposing to use the property for a mobile home park and had submitted a plat to the Planning Department in April for that purpose. Staff had returned the plat to him with so many markings on it that it would not allow him to build his mobile home park. He asked to delay the annexation for two years so as delay the required street paving which would allow him to have the funds necessary when annexed. M. C. Birch spoke in opposition. He felt the petitioner should be allowed to complete his plat before being taken into the City, The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the annexation was begun after a plat was submitted for the Shady Oaks Mobile Home Park. That plat was in the City's extra-territorial jurisdiction with frontage of the property in the city limits. Servicea would have to be provided by the city along with the expense of maintaining the right-of-way on 0]d Alton Road. Phasing development would be allowed under the Subdivision Regulations. Staff was recommending approval of the annexation and requested Mr, Martin to continue with the platting process. Item 5A. was moved ahead in the agenda order. 5. Ordinances A. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of city of Denton Utility System Revenue Bonds, Series 19881 and approving and authorizing instruments and proceedings relative thereto. Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. Frank Medanich, First Southwest, stated that all of the p proposals had been tabulated and recommended that the city accept the bid from Raucher, Pierce and Resfnes. Paul Horton, McCall, Parkhurst and Horton, stated that as bond r counsel, he would also recommend the bid from Raucher, Pierce and Resfnes. The following ordinance was considered: i I r~ i 1 1 . 'r x City of Denton City Council Minutes August 2, 1988 Page 5 NO. 88-127 ORDINANCE AUTHORIZING THE ISSUANCE AND IVERY OF CITY OF DENTON UTILITY SYSTEM REVENUErBONDS DESERIES 19880 AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. McAdams motion, Gorton second to adopt the ordinance. On roil vote, McAdams "aye," Alexander 'aye," Gorton 'aye," Ayer "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. Mayor Pro Tem. Hopkins returned to the meeting. The Council then returned to the regular agenda order. F 4• Consent Agenda McAdams motion, Alexander second to approve as presented. Mot:,jn carried unanimousthe Consent Agenda V s A. Plats and Replats i 1. Consider approval of preliminary and final replat of Lot 4 to Lots 4A and 4B, Block B, Expressway Industrial Park. (The Planning i and Zoning Commission recommended approval.) 2. Consider ap Lots 11 2 anda 30 Block e A# Lewis plat Addition. (The Planning and Zoning Commission recomme;ided approval.) 3. Consider approval of preliminary plat of the Northwood Garden Professionals' Office Park, Lot 8, Block 1. (The Planning and Zoning Commission recommended approval.) 5. Ordinances A. Item A. was considered earlier in the meeting. B. The Council considered adoption of an ordinance 1 of the City of Denton, Texas, providing for a moratorium on certain signs by prohibiting the erection, construction, or placement of, all off-premise portable signs, more than one k i on-premise portable sign on any one premise, all ground signs over 150 square feet in size or over 30 feet in height, and all ground signs within 500 feet of another ground sign on the same remise; providing for a penalty in the maximum amount of 2,000.00 for violations thereoft providing for this ordinance to be in effect until and including December 61 1988; and providing for an effective date. (The Planning and Zoning Commission recommended approval.) i 1 F City of Denton City Council Minutes August 2, 1988 Page 6 Cecile Carson, Urban Planner, stated that the Planning and ' Zoning commission had conducted a study session on July 13, 1988 with members of the Beautification Task Force and representatives from the sign industry. Twenty one letters had been sent to individuals and companies who had placed signs or erected signs in the City for the past year. At the study session, following the presentation of the full recommendation f of the Beautification Task Force to the Planning and Zoning Commission, the Commission directed the staff to proceed with one recommendation which was the moratorium. The three sign areas requested to be included in the moratorium were: (1) limiting the size of ground signs, (2) limiting the height size of the sign, and (3) limiting the number of on-premise ground signs. f Council Member Gorton asked if the moratorium would apply to religious signs. K Carson stated that religious signs were not currently regulated so they would not be affected by the moratorium. Mayor Stephens asked about height limitations along major a highways, He stated that some signs needed to be high enough so that people on the highway would see them soon enough to turn off at the proper exit. { Carson replied that signs along the highway were regulated by a i the State Highway Beautification Act and required a state k permit from the District office. y i Mayor Pro Tem Hopkins stated that she was concerned that there was no public hearing regarding the moratorium and that new businesses would not be able to erect a second sign and that the smaller businesses might be hurt, i Carson replied that staff had attempted to supply as much information as possible before the study sessions so that the public could attend. A new business could have one on-premise sign as long as it met the proposed regulations. Lloyd Harrell, City Manager, stated that he felt the concern from the Planning and Zoning Commission was one of the need to have time to study all of the rules and regulations and make sure that they were reasonable and were the t regulations the City wanted in a YPes of ordinance. permanent The moratorium was needed so that the City did not accumulate a lot more non-conforming signs during the time period necessary to formulate the formal recommendation for Council. v f :i i i I SV 1 4 „ is f' City of Denton City Council Minutes August 2, 1988 Page 7 Council Member McAdams stated that she could not imagine a small business needing a sign larger than the size permitted and that the City needed to be protected so that a large number of non-conforming signs did not start to appear before the formal recommendation was approved. Mayor Pro Tem Hopkins asked if a new small business would be allowed any additional signs other than one on-premise sign when it opened. i Carson stated that a new business would be allowed a ground sign, a portable sign on-premise if they were on a separate premise plus a temporary sign. Alexander motion, McAdams second to adopt the ordinance. k A member of the audience asked to speak before the Council regarding the ordinance. Mayor Stephens stated that with Council approval the individual jl could speak to the Council. Consensus was to allow the individual to speak. ? t Slick Smith, 3-D Sign and Sales, stated that this was his fifth year in the portable sign business and in that period of time f the sign industry had been promised a work session with Planning and zoning to work out the problems with the sign industry. As of yet, there had been no meeting to that effect. He felt the sign ordinance was unfair to those in a complex which allowed only one sign per complex. Bill Claiborne, Beautification Task Force, stated that the moratorium allowed on-premise signs and controlled off-premise signs. It was not the recommendation from the Planning and Zoning Commission but a recommendation from the Beautification Task Force. Council Member McAdams stated that she recalled many meetings with the sign industry when the original ordinance was being considered. Council Member Alexander asked Mr. Smith if he was opposed to the moratorium. Smith replied that current off-premise portable signs would be i grandfathered. Eventually that would change as property owners I changed. He was not against the moratorium but was against the stipulation of one sign per premise. Y City of Denton City Council Minutes August 2, 1988 Page 8 The following ordinance was considered; NC. 88-128 FOR OAD PROVIDING HE CITY MORATORIUM TON CERTAIN SIGNS N , BYTEXASI PROHBITING THE ERECTION, CONSTRUCTION, OR PLACEMENT OF, ALL OFF-PREMISE PORTABLE SIGNS, MORE THAN ONE ON-PREMISE I PORTABLE SIGN ON ANY ONE PREMISEr ALL GROUND SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND SIGN ON THE SAME ?REMISE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT 0 FOR OF 20000.0 VIOLATIONS THEREOF; PROVIDING FOR THIS ORDINANCE TO BE IN EFFECT UNTIL AND INCLUDING DECEMBER 6, 1988; AND PROVIDING FOR AN EFFECTIVE DATE. On roll vote, McAdams 'aye," Alexander 'layer' Hopkins "aye,' Gorton "a e i ` Aer carried unanimously. "aye'' and Mayor Stephens "aye.' Motion C. The Council considered adoption of an ordinance amending Article III of Chapter 2 of the Code of Ordinances of the City of Denton by adding two new Sections 2-39 and section 2-40 providing for procedures for competitive sealed propceals. John McGrane, Executive Director of Finance, stated that the ordinance would allow a change in purchasing procedures for high technology equipment. A sealed proposal process could be followed as opposed to a sealed bid process. The following ordinance was considered; i NO. 88-129 ; AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING TWO NEW SECTIONS 2-39 AND SECTION 2-40 PROVIDING FOR PROCEDURES FOR COMPETITIVE SEALED PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll voter McAdams "aye," Alexander "aya,' Hopkins "aye," Gorton `aye," Ayer aye, and M=ayor Stephens 'aye." Motion carried unanimously, D. The Council considered adoption of an ordinance amending the Code of Ordinances of the City of Denton, Texas by adding Chapter 3 1/2 to include Sections 1 through 15 of Article I of Chapter 3-1/2 'Alarm Systems' establishing regulations for the use and operation of alarm systems within the City; providing definitions; requiring a of alarm systems; permit for users for service charges rfordfalse oalarms;npr of permits= providing suspension of permits; regulating aovidi for eni and larmng eporting 1 and operation; and providing for a severability clause. 4 / v City of Denton city council Minutes August 2, 1988 Page 9 - Rick Svehla, Deputy City Manager, stated that most of the j cities staff had contacted either had an ordinance with no permit or an ordinance with a permit but no fee. Most of the ordinances had some type of penalty. He stated that if Council was not comfortable with the permit fee, staff would not have a problem eliminating the fee. A discussion followed dealing with whether or not to require a permit fee as associated with the ordinance. The following ordinance was considered: I NO. 88-130 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON? TEXAS BY ADDING CHAPTER 3-1/2 TO I14CLUDE SECTIONS 1 THROUGH 15 OF ARTICLE I OF CHAPTER 3-1/2 'ALARM SYSTEMS' ESTAB- LISHING REGULATIONS FOR i THE USE AND OPERATION OF ALARM SYSTEMS WITHIN THE " CITYt PROVIDING DEFINITIONS; REQUIRING A PERMIT FOR USERS OF ALARM SYSTEMS! PROVIDING POR ISSUANCE OF PERMITS; PROVIDING FOR SERVICE CHARGES FOR FALSE ALARMS, PROVIDING FOR DENIAL AND SUSPENSION OF PERMITS; REGULATING ALARM REPORTING AND OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY NOT TO EXCEED $500.001 AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motion, Alexander second to adopt the ordinance. 1 Gorton motion, Alexander second to amend the ordinance to eliminate the fee for the permit. On roll vote, McAdams 'aye,' Alexander aye, Hopkins 'aye,' Gorton 'aye,' Ayer 'nay,' and Mayor Stephens 'aye.' Motion to amend carried with a 5-1 vote. Council then voted on the main motion as amen~_ad. On roll vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously, amending D. The uncil considered adoption of an ordinance Ordinances, by add.ng a new section 8-9 entitled 'Dismissal of Cases Due to Defendant's Actions-Special Expenses', and providing for a maximum fee therefor. The following ordinance was considered: i i 4 f i k City of Denton City Council Minutes August 2, 1988 Page 10 i - { NO. 88-131 AN ORDINANCE AMENDING CHAPTER 8, §COURT11 OF t." 1 DENTON CITY CODE OF ORDINANCES BY ADDING A THE 1 SECTION 8-9 ENTITLED 'DISMISSAL OF CASES NEW DEFENDANT'S ACTIONS-SPECIAL EXPENSES': PROVIDING UFORTA MAXIMUM FEE THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE. John McGrane, Executive Director of Finance, stated that the ordinance would allow for the collection of a $10.00 fee for defensive driving courses taken in lieu of a traffic ticket. The State Legislature had earlier approved such a fee. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'ayeHopkins 'aye,' Gorton 'aye,' Ayer 'aye,' and Mayor Stephens 'aye,' Motion carried unanimously, i F. The Council considered adoption of an ordinance providing for the payment of ten thousand dollars to Arco Pipe Line Company for the relocation of its pipeline in conjunction with the Burning Tree Paving and Drainage Project. The following ordinance was considered: NO. 88-132 t AN ORDINANCE PROVIDING FOR THE PAYMENT OF TEN THOUSAND y DOLLARS TO ARCO PIPE LINE COMPANY FOR THE RELOCATION OF ITS PIPELINE IN CONJUNCTION WITH THE BURNING TREE PAVING AND DRAINAGE PROJECTI AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,' Gorton 'aye,' Ayer "aye,' and Mayor Stephens 'aye.' Motion carried unanimously, G. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Sherman Drive beginning 250 feet north of its intersection with Windsor Drive and extending 580 feet south, ending 250 f,:et south of its intersection with Windsor Drive when signs are posted. (The Citizens Traffic Safety Support Commission recommended 1 approval). j 't 1 A 1'. City of Denton City Council Minutes August 2, 1988 Page 11 j The following ordinance was considered: J r NO. 88-133 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF SHER14AN DRIVE BEGINNING 250 FEET NORTH OF ITS INTERSECTION WITH WINDSOR DRIVE AND EXTENDING i i 58G FEET SOUTH, ENDING 250 FEET INTERSECTION WITH WINDSOR DRIVE WHEN SIG SS OF ITS UT RE POSTED PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye," Gorton "aye,' Ayer 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously, H. The council considered adoption of an ordinance authorizing a change order to a contract between the city of Denton and R. C. Small. Lloyd Harrell, City Manager., allow for a sprinkler system for the that this ordinance King$ would Jr. Recreation Center and would allow for the elimination of the fire lane around the building, f The following ordinance was considered: NO, 88-134 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ! ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND P. C. SMALL 5 ASSOCIATES, INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICES AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams 'a t Gorton Yep' Alexander 'aye,' Hopkins 'aye," carried unan,imousey, "aye'" and Mayor Stephens may e.0 Motion G. Resolutions A. The Council considered approval of a resolution 1 setting a date, time and place for public hearings on proposed annexation of approximately 135 acres located south of Road, east of Mayhill Road adjacent to existing city limits and Mills north of McKinney Street (A-55) r I 1 k. I f City of Denton City Coun^il Minutes August 2, 1988 Page 12 Cecile Carson, Urban Planner,, stated that this annexation would include the new high school site with surrounding area. Three options were presented for ~ public hearing dates and Carson requested the Council's direction for the dates as a special meeting would be needed for final approval. The following resolution was considered: RESOLUTION NO. R88-046 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A' ATTACHED HERETO BY THE CITY OF DFNTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. McAdams motion, Alexander second to arove ` Schedule A for the hearing dates of Septembers 6LeanduSeptember 20 with institution of annexation on October 11, 1988. On roll vote, McAdams "aye,' Alexander 'aye," Hopkins 'aye,' Gorton "aye,' Ayer 'aye," and Mayor Stephens "aye.' Motion carried unanimously. j B. The Council considered approval of a resolution creating an Appendix A Task Force to formulate and recammend to the City Council intensity area boundaries and a methodology for intensity calculations for the Denton Development Plan. i This item was held for Executive Session discussion. C. The Council considered approval of a resolution supporting the proposed Constitutional amendment providing that federal reimbursement of State Highway Dedicated Funds be exclusively dedicated to improving Texas highways. 3 The following resolution was considered: RESOLUTION NO. R88-048 A RESOLUTION SUPPORTING THE PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING THAT FEDERAL REIMBURSEMENT OF STATE HIGHWAY DEDICATED FUNDS BE EXCLUSIVELY DEDICATED TO IMPROVING TEXAS HIGHWAYS AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Alexander stated that he was not in support of provisions that earmark funds "constitutional' and that it was poor policy. He agreed with the objective but did not agree with the policy. 1 -W i City of Denton -ity Council Minutes August 2, 1988 Page 13 Hopkins motion, McAdams second to approve the resolution. On roll Vote, McAdams "aye,' Alexander 'nay,' Hopkins 'aye," Gorton "aye,' Ayer "aye,' and Mayor Stephens "aye.' Motion carried with a 5-1 vote. ? 1. Miscellaneous matters from the City Manager. A. Harrell pointed out the June budget recap as presented in the .:.ck-up material. B. Preliminary August sales tax receipts were $14,000 ahead of budget projections which was $96,000 ahead of projections for the year. C. The Cable T.V. Advisory Committee was almost finished with its review of the Sammons proposal. Staff would be contacting Council for individual review of the proposal. i D. City Attorney Drayovitch stated that she had received a letter frim Tom Jester regarding the security interest for First Financial Resources. Council had denied the request at a previous meeting and Jester was requesting that Council reconsider the matter. Gorton motion, Alexander second that Council reconsider the matter. Motion carried unanimously. 8. There was no Executive session discussion during the t Work Session. 9. New Business s The following items of New Business were suggested by Council M1 Members for future agendas: A. Council Member Ayer complimented staff on its response to his question regarding double payment of taxes. B. Mayor Pro Tem Hopkins requested information regarding the limiting age of of Trick ar,d Treater3 in the City of Denton. 10. The Council convened into the Executive Session to discuss the following: Qi. A, Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Discussed Maverick vs. City. j B. Real Estate Under sec. 2(f), Art. 6252-17 ? V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(y), Art 6252-17 V.A.T.S. I I City of Denton City Council Minutes August 21 1988 Page 14 1. Considered appointments Development Plan Append to the Denton Appendix A Task Force. The Council reconvened into open session and took the following action: The council considered the following resolution: RESOLUTION NO, R88-047 A RESOLUTION CREATING AN APPENDIX A TASK FORCE TO FORMULATE AND RECOMMEND TO THE CITY COUNCIL INTENSITY AREA BOUNDARIES AND A METHODOLOGY FOR INTENSITY CALCULATIONS FOR THE DENTON DEVELOPMENT F[AN PROVIDING FOR AN EFFECTIVE DATE. i AND Gorton motion, Hopkins second to nominate the following individuals to the Appendix A Task Force: Bill Claiborne J Vicki Holt { Virgil Strange Jim Engelbrecht Euline Brock Ivan Glasscock E? Mitchell Turner Beth Schlagei Taylor Stem Richard Hayes 9 Merlin Lee On roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye," Gorton "aye,' Ayer 'aye,' and Mayor Stephens "aye.' Motion r carried unanimously, With no further business, the meeting was adjourned at 10:24 p.m. { 1 RAY STEPHENS, MAYOR CITY OF ;DENTON, TEXAS j JENNIFER ALTERS CITY SECRETARY CITY OF DENTON, TEXAS 2962C 'I d{ T 1 1 ~I CITY OF DENTON CITY COUNCIL MINUTES August 16, 1988 The Counci? convened into the Work Session at 5:30 p.m. in the civil Defense Room. PRESENT: Mayor Pro Tem Hopkins: Council Members 1yer, 11 Boyd, Gorton and McAdams. ABSENT: Mayor Stephens - attending a TMPA Board of ` Directors Meeting and Council Member Alexander. 1. The Council held a discussion of ad valorem taxes nd budget issues for the 1988-89 budget. Lloyd Harrell, City Manager, stated that the Council needed to decide on the debt levy for the next fiscal r. He resnted background information about the determinations of he ptaxerate and effect on the proposed budget. Staff was predicting a shortfall based on the drop in assessed value. Harrell presented three options for the Council to consider: (1) Keep the debt payment at 24.460. With this rate there would be a gap and it would be necessary to increase the total i tax levy to 62.030, a 5.69 increase over the effective tax rate, (2) Kee the debt payment rate at 23.170 which would produce a gap of 275000 which could be made up by in:ceasing the tax rate to 60.780 or a 3.549 increase over the effective rate or find the difference in the budget process. The advantages of the two above options were that the City could meet the current debt payments without drawing cn the reserves and even if the rate were raised to 62.03O, it was li still far below the roll back rate of 66.060. (3) The third option, which staff was recommending, would reduce the debt levy at 21.650 and a final proposed budget with a 59.28¢ lovy and 19 effective tax increase which would balance the budget and/or fund additional programs (allowed an increase i in the tax rate and still be below the rollback level. Considerations included: 11) a 7 year projection indicated that the rate could be held at 21.650 and meet authorized and planned debt. Certain assumptions had been made regarding growth and interest. 12) A change to the Highway Department's procedure regarding curb/gutter and drainage would permit the City to not issue up to $6 million in bonds, ly Advantages of Option 03 were thit it would hold the tax levy at 59.28¢ and still fund the proposed budget with a 19 increase. a - 7 r r F City of Denton City Council Minutes August 16, 1988 f Page 2 There would still be a good balance in the debt servica fund and it could be adjusted if the projections were overly optimistic. It would be a good year for a minimal tax increase due to the other entities having a greater increase. A decision was needed from the Council to levy the debt service at 23.170, 21.650 (staff recommendation) or 24.460. i Council held a discussion regarding the pros and cons of each option and the consensus was to set the rate at 21.650. 2. Utility budget presentation for fiscal year 1^38-89. Bob Nelson, Executive Director of Utilities, presented the s major utility issues for the next fiscal year. He stated that the 1989 budget would show a $102$000 net income, no electrical rate increase, a 8 1/29 water rate increase, no sewer rate increase and a request for 13 new full-time positions, 2 part-time positions and 1 seasonal position. Nelson presented anticipated bond sales for upcoming years. He stated the justifications for the added utility personnel included meeting regulated mandates, staffing new facilities, staffing new { programs and additional customer base. He stated that the " Public Utilities Board had asked for special consideration for money for a 10 year management study. 3. Executive Session The Council convened into the Executive Session to discuss the following: f A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1, Maverick vs. City, County of Denton Vs. City o Denton, i B. Real Estate Under Sec. 2(f), Art, 6252-17 V.A.T.S. C. Personnel/Board Appointments Under sec. 2(g), Art 6251-17 V.A.T.S. 1. Considered nominations for a Denton representative to the National Organization on Disability. 2, Considered an appointment t~ the Parks and Recreation Board. I i I . 4 l 1 City of Denton City Council Minutes August 16, 1983 Page 3 The Council then convened into the Regular Session at 7:00 p,m. 11ff in the Council Chambers. PRESENT: ,layor Pro Tem Hopkins; Council Members Ayer, Boyd, Gorton and McAdams. ABSENT; Mayor Stephens - attending a TMPA Board of Directors Meeting and Council Member Alexander. 1. The Council considered approval of a request from the Camp Fire Association to hang a banner at Locust Street and McKinney Street from August 29 - September 16 announcing their annual membership drive. k Shirley Hensley, Director - Camp Fire - Denton County, requested approval for the banner announcing their annual membership drive. McAdams motion, Ayer second to approve the request. Motion carried unanimously. 2. Public Hearings A. Council considered a petition of Dale Irwin requesting a change in zoning from the multi-family (MF-2) to the general retail (GR) zoning district at 1507 Eagle Drive. The property was located at the southeast corner of Eagl(i Drive and Collier Street and more fully described as )eing in the E. Puchalski Survey, Abstract No. 996. If approved, the property may be utilized for any uses allowed in the general retail zoning classification. Z-88-099. (The Planning and Zoning Commission recommended approval.) The Mayor Pro Tem opened the public hearing. i Dale Irwin spoke in favor of the petition. He stated that he wanted to purchase the property and renovate the building for a retail establishment, probably a restaurant. The property was now vacant and was the site of a former Taco Inn. The previous zoning was under a specific-use permit which was no longer valid after the restaurant was out of business for 6 months. The area was predon,inetly retail in nature and he needed the zoning before he could start renovation. Tom King spoke in opposition. He stated that he had tried to get property rezoned on University Drive from (MF) and denied, If the change in zoning was to continue,hewanted was be considered also for a change in zoning. i f 1 City of Denton City Council Minutes August 16, 1988 Page 9 - The Mayor Pro Tem closed the public hearing, Frank Robbins, Executive Director for Planning, stated that the zoning district being requested to (GR) would allow uses of the property as the property had been used in Retail would also allow other kinds of rthe pas General etail uses. The Planning and Zoning Commission found that the to be in accordance with the Denton DevelopmentSeGuideonand recommended the rezoning. The following ordinance was considered: NO. 88-135 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AS AMENDED, AND AS SAID MAP APPLIES TO 1507 EAGLE DRIVE, AS DESCRIBED HEREIN; TO PROVIDE FOR IA CHANGE IN CZONING CLASSIFICATION FROM MULTI-FAMILY IMP-21 DISTRICT CLASSIFICATION AND USE DESIGNA- TION, TO GENERAL RETAIL 'GP.' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM ' AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams 'aye,' Gorton 'aye," Ayer 'aye,' Boyd 'nay," and Mayor Pro Tem Hopkins "aye.' Motion carried with a 4-1 vote, B. The Council considered a proposed annexation of 20,8309 acres being part of the J. Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No. 232, and located at FM 2181 and Old Alton Road. (A-56) The Mayor Pro Tem opened the public hearing. No one spoke in favor. I R. D. Martin, property owner of the proposed annexation, spoke in opposition. He stated that he was at the previous public hearing. He questioned why the city was passing up other mobile home parks and just annexing his property. He was not 6r taxland rlot estrictionsi associated e with annexation t would the extra 1 burden on him and would not allow him to continue with the development of his mobile home park. He again questioned why other mobile home parks were not annexed along the way and just his property. i It 4 N i City of Denton city council Minutes August 16, 1988 Page 5 1 Mayor Stephens joined the meeting. The Mayor Pro Tem closed the public hearing. Frank Robbings, Executive Director for Planning, stated that staff had no new material to present to Council. Consensus was to continue with the annexation process. 3, Consent Agenda McAdams motion, Gorton second to approve the consent agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase orders: 1. Bid #9883 - Lease/Purchase Refuse Equipment 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 88-136 s AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams 'ape,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' 1 Boyd 'aye,' and Mayor --tephens 'aye.' Motion carried unanimously. B. The Councii considered adoption of an ordinance approving an agreement between the City of Denton, Strata Properties, Inc. and Dan C. Coffey and Jeff Robb, Attorneys-at-Law, authorizing said attorneys to act on behalf of the City of Denton to institute and complete condemnation proceedings to acquire a drainage easement. s ~Y ~ W i r City of Denton City Council Minutes August 16, 1988 Pag, 6 Rick Svehla, Deputy City Manager, stated that this ordinance f would allow Strata Properties, Inc. to provide an easement for drainage for a development that they were proposing. They had been unsuccessful in dealing with the owner of the property. The agreement would allow the listed attorneys to act on behalf of the City in seeking condemnation of the property to obtain the easement. i The following ordinance was considered: NO. 88-137 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON$ STRATA PROPERTIES, INC., AND DAN C. COFFEY ` AND JEFF ROBE, ATTORNEYS AT LAW, AUTHORIZING SAID I ATTORNEYS TO ACT ON BEHALF OF THE CITY OF DENTON TO INSTITUTE AND COMPLETE CONDEMNATION PROCEEDINGS TO ACQUIRE A DRAINAGE EASEMENT, AS MORE PAiTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE PAYMENT OF COST OF CONDEMNATION BY STRATA PROPERTIES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance granting a franchise to Acme Brick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a franchise fee; and providing for the regulation of the construction, reconstruction, maintenance, and use thereof. Rick Svehla, Deputy City Manager, stated that Acme had had an agreement with the City for a number of years. There was only one street crossing. A more formal arrangement was being sought in the form of a franchise agreement. i Tire following ordinance was considered: 1 N0. 88- AN OT%JINANCE GRANTING A FRANCHISE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A FRANCHISE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 4 r i City of Denton City council minutes August 16, 1988 Page 7 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams 'aye,' Hopkins 'aye," Gorton 'aye,' Ayer "aye,' soy(; 'aye,' and Mayer Stephens 'aye.' Motion carried unanimously. 5. The Council considered approval of a resolution authorizing the acquisition of a stormwater drainage easement. The following resolution was considered: RESOLUTION NO. R88-049 A RESOLUTION AUTHORIZING THE ACQUISITION OF A STORMWATER DRAINAGE EASEMENTI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye,' Hopkins "aye,' Gorton 'aye,' Ayer { 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. B. The Council considered approval approval of a resolution appointing Roland Vela tc the Board of Directors of one Texas Municipal Power Agency. The following resolution was considered: RESOLUTION NO. R88-050 A RESOLUTION APPOINTING ROLAND VELA TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams 'aye,' Hopkins 'aye," Gorton 'aye," Ayer "aye,' Boyd "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered approval of a resolution approving the raised median design and related traffic control measures of Teasley Lane. { The following resolution was considered: RESOLUTION NO, R88-051 A RESOLUTION RECOMMENDING THAT RAISED MEDIANS BE CONSTRUCTED DURING THE WIDENING OF A PORTION OF T:. .'I LEY LANE (F.M. 2181)1 AND PROVIDING FOR AN EFFECTIVE DATE. N City of Denton City Council Minutes August 16, 1988 ~J Page 8 Ayer motion, Hopkins second to approve the resolution. On roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. D. The Council considered approval of a resolution appointing Bill Utia% ei the City of Denton representative to the Regional Transportation Council of the North Central Texas ttt 9 Council of Governments. The following resolution was onsidered: RESOLUTION NO. R88•-052 A RESOLUTION APPOINTING BILL UTTER AS THE OFFICIAL VOTING REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Gorton second to approve the resolution. on roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer j 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. E. The Council considered approval of a resolution { authorizing the Mayor to execute a security agreement on behalf of MBank relating to the lease between the City and First Financial Resources, Inc. (The Airport Advisory Board recommends approval.) 1 Council allowed representatives from MBank to speak to the matter. } Tom Jester, attorney for MBank, stated that First Financial Resources entered into a lease agreement with the City of - Denton to lease certain property at the municipal Airport. It was necessary to make certain improvements on the property and { MBank was willing to loan them $100,000 to make the improvements. Normally, a deed of trust would be sought to d secure the bank's interest in the improvements on the real 4 estate. First Financial di6 not own the real estate and only had a lease agreement. MBank was requesting a collateral transfer of the lease. First Financial transferred their interest in the lease to MBank to secure the loan. The bank needed the acknowledgement of the City on the collateral transfer. In the event First Financial defaulted on the loan, MBank could operate the lease or sublease the property. Council Member Ayer asked why MBank did not request for this type of security at the time the loan was made. f r V k City of Denton City Council Minutes August 16, 1988 , Page 9 Jester replied that that had been done but that it was this long getting to this point. Ayer asked the City Attorney if there was anything that was or could be potentially harmful to the interest to the City. Debra Drayovitch, City Attorney, stated that this was more of a business decision rather than a legal decision. About half of t the area cities were doing this type of agreement. The lease ` allowed the Bank to operate whateve was done with the loan f I money, not the whole lease. MBank was requesting permission to j I f operate the whole lease if First Financial defaulted. Council Member McAdams was concerned about ast there was a default on the loan, the Bank could stake Hover the entire lease and could sub-lease to someone else under circumstances that the City may not want. j Jester stated that this was just good business e that MBank was acti ; in good faith, chinking thatrthererwould be no problem with the agreement. He felt that MBank would not I be willing to make any future loans to anyone at the Airport or anything to do with the City if agreements of this type were not approved. Robin Cane, Executive Vice-President of MBank, stated that the loan was made to First Financial approximately 10 months ago. H for e felt that MBank would have zero interest in additional loans as Improvements currently at the Airport Benefits within the e the terms City would lease be additional growth for the City, Rick Svehla, Deputy City Manager, stated that he had attended the last Airport Board meeting and that the Board felt that although the improvements had been made, specifically to the hanger, the rest of the lease entailed the taxiway to get to the hanger and parking spaces next to the hanger and the right to use the access. The Board understood that there was a difference between the improvements made to the hanger itself and that the lease encompassed more than that. The Board still k felt that it was worth recommending to the Council. The nature no was different Thereiewere lease with this that the City Fihad. rst Financial defaulted, the Bank would take over the lease only if it paid the rent and if the Bank did not pay the cent, the lease would default back to the City. Council Member McAdams asked if there had been any discussion regarding the fact that the note for she loan did not specify what it was for, 1 • r I City of Denton City Council Minutes August 16, 1988 Page 10 j Svehla replied that tLe Board dio understand that it was not known what the exact improvements were. { Council Member Boyd stated that a previous lease was more involved than this lease. This was different because t:ae lease payments were protected with way. No service issues were involved as this was not a public hanger. Svehla replied that was correct, it was a private hanger, no I services to the public. Mayor Pro Tem Hopkins stated that she felt that this lease was 4 clearly different from other leases. While the council needed ii to protect the City's interests, economic development was also Dentonathatnthe i Council did not want any signal odevelopment the banks i-j at the Airport or other City property. If this type of normal agreement were withheld, the Council would not be sending out a very good signal to the business community. The following resolut.on was considered: NO, R88-053 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECURITY AGREEMENT ON BEHALF OF MBANK RELATING TO THE 3 LEASE BETWEEN THE CITY AND FIRST FINANCIAL RESOURCES, INC.; AND PROVIDING FOR AN EFFECTIVE uATE. 1 Hopkins motion, Boyd second to approve the resolution. On roll vote, McAdams 'aye,' Hopkins "aye," Gorton 'aye," Ayer 'aye,' Boyd aye, and mayor Stephens "aye.' Motion carried i unanimously. i 6. The Council considered the appointment of the Denton Central Appraisal District Chief Appraiser as the representative for the City of Denton to calculate and publish a the City's effective and rollback tax rates. John McGrane, Executive Director of Finance, stated that in the past in order to have a certified tax assessor/collector calculate and publish the effective rate and rollback rate, the City had gone into an agreement with the Central Appraisal ` District and had the Chief' Appraisor do that. This item would ` gra. approval to go into another agreement. r Ayer motion, Gorton second to approve the appointment. Motion I carried unanimously. I i I I 1 r City of Denton City Council Minutes August 16, 1988 Page 11 i _ 7, The Council considered approval of the certified j collection rate for the City of Denton for the 1987-88 fiscal year and the anticipated 1988-89 fiscal year as 1008 respectively. John McGrane, Executive Director of Finance, stated that this was a housekeeping measure as required by State law. Under the calculation of the effective tax rate, the City had to certify to Council what was anticipated as the collection rate of the ad valorem tax. The certification would be at 100% because if it was certified as less and more was collected, the City would be adversely affected. By the end of the fiscal year, the rate would probably be 97%. McAdams motion, Gorton second to a i pprove the certified collection rate. Motion carried unanimously. 8. The Council considered acceptance of the certified appraisal roll from the Denton Central Appraisal District for the 1988-89 budget year showing total appraisal, assessed, and , taxable values of all property and the total taxable value of new property. John McGrane, Executive Director of Finance, stated that State law required that the roll from the Appraisal District be submitted to the City Council. {{f McAdams motion, Gorton second to accept the certified appraisal j roll. Motion carried unanimously. 9. Miscellaneous matters from the City Manager. A. Submission of the effective tax rate and rollback for publication, John McGrane, Executive Director of Finance, stated that State P law required submission to Council the effective tax rate and the rollback rate which were required to be published. McGrane r J submitted the effective tax rate of $,5870, using the debt rate j ' of $,2165, the maximum rollback rate would be 63,180/$100 evaluation, j a. Harrell stated that those who were interested in attending the TML Region VIII meeting in White Settlement needed to cintact the City Secretary. 10. The following formal action was taken from the previous Executive Sessions 1 } ;r 1 I` City of Denton City Council Minutes August 16, 1988 Page 12 A. Gorton motion, Ayer second to appoint Roy 1 Appleton III to the Parks and Recreation Board. Motion carried unanimously. B. McAdams motion, Boyd second to appoint Dr. Anne Gudmundsen as city of Denton Liaison to the National Organization on Disability. Motion carried unanimously. 11. New Business The following items of New Business were suggested by Council Members for future agendas: l A. Council Member McAdams suggested taking a closer look at the Airport and suggested obtaining greater expertise from someone who knew :iow to run an airport - perhaps a 1 consultant to study the effectiveness of the Airport. She also wanted to know where the City stood in regards financially to the bonds that were sold for the Airport. B. Council Member Boyd suggested a possible study session which would present a range of alternatives regarding i the Airport. C. Council Member Gorton requested an update on the City's insurance program and the security agreement with Flow Regional Medical Center. Mayor Stephens reported on the special call meeting of the TMPA Board. A resolution had been approved which established guidelines for the investment of proceeds from the settlement of litigation between the Agency and TV Electric concerning the Comanche Peak Steam Electric Station. The General Manager of the Agency was now required to report quarterly to the Board on the source and use of available funds and the impact of this settlement program on the Agency's debt structure and annual debt service. 12. The Council did not meet in Executive session following the regular meeting. With no furthet business, the meeting was adjourned at 8:25 p.T. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS `i JENNIFER Mnrg- CITY SECRETARY, CITY OF DENTON, TEXAS ll~ 2966C i i CITY Of DENTON CITY COUNCIL MINUTES August 23, lbbb The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room, { PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None 1. The Council convened into the Executive Session to discuss the following matters: A. Legal Matters Under Sec, 2(e), Art, 6252-17 V.A.T.S. t i 1. Discussed Maverick vs, City of Denton. ~ B. Real Estate Under Sec, 2(f), Art. 6152.17 V.A,T,S, C. Personnel/Board Appointments Under Sec. 2(g), ' Art 6252-17 V.A.T.S. s. No official action was taken. The Council then convened into the Work Session at 6:00 p.m, in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None t 1. 1966-69 budget Workshop and Presentation Lloyd Harrell, City Manager, presented the upcoming budget schedule which included a work session on August 30 to discuss ' the budget, a public hearing September 13 regarding the budget ' and final and formal approval of the budget on September 10 with additional budget Items to be considered. He stated that with the proposed budget the city would be able to continue existing programs with moderate expansion in some areas. The reserve levels were up to a point that the City would be comfortable with and the tax rate would probably remain the same, Bill Angelo, Director of Community Services, presented the public works budget to the Council. He presented highlights of new positions, reclassification of positions, equipment and programs for the divisions of Administration, Engineering, Inspections, Transportation Engineering, Street Patching Street Sweep:r.a, Street Construction, Street Lighting, Animal Control, Airp:rt, Emergency Management, Sanitation (residential, commercial, disposal), Equipment Services and Machine Shop, 4 F 'i R r N i ' City of Denton City Council Minutes August 23, 1988 Page 2 . Mike Jez, Chief of Police, presented the police budget, lie `I reviewed equipment requests and personnel needs both new and reassiggnments. These requests centered around the Criminal ` .nvestigation Division, Administration Division, and Patrol ` Division. John Cook, Fire Chief, reviewed the iire department budget, He stated that a ma or change this year was that the department had reorganized Irom three divisions to four divisions being Administration, Emergency Medical Services, Fire Prevention, and Operations. he presented personnel requests, equipment and a program needs for the fire department for the next fiscal year. ! 4 With no further business, the meeting was adjourned at 9:25 p.m. RA S P S, MAYOR 9 CITY OF DENTON, TEXAS E I i JENNIFER WALTER9 { CITY SECRETARY CITY OF DENTON, TEXAS 1 2968C 3 l 3j s I a t i ~ i ,1 d 1 CITY OF DENTON CITY COUNCIL MINUTES i t August 270 1988 PRESENT: Mayor Stephens, Mayor Pro Tem Hopkins, Council Members Alexander, Ayer, Boyd, Gorton, and McAdams ABSENT: None 1988-89 BUDGET WORKSHOP AND PRESENTATIONS i David Cllison, Assistant to the City Manager, presented the 1 General Government budget to the Council. This department's budget had no new programs or positions in it, although there was a request for more hours for the 1/2 time secretary making her a 3/4 time secretary. Debra Drayovitch, City Attorney, presented the budget for the City Attorney's office. This budget contained a $25,000 increase, Half of the increase was due to merit raises and the effects they had on FICA, insurance, and so on. The other half could be attributed to a requested 1/2 time secretary and the fixed assets needed for the position, One major program coming up this year was the recodification of the Code of Ordinances. Frank Robbins, Executive Director of Planning and Community Development, presented the Planning budget as well as the budget of contributions from the Human Resources Commission, The Planning budget contained one new position, a Senior Planner, and one new program, Main Street. The Human Resources Commission's budget had increased $14,000 this year, with four new organizations receiving p donations. There was some discussion about establishing criteria for the kinds of activities the City should be supporting. Concern was expressed over the donation to the prenatal clinic and the possible impact this would have upon the Plow lawsuit. Mr. Robbins agreed to scheduling a joint meeting between the City Council and the Human Resources Commission, Council Member Alexander left the meeting. Betty McKean, Executive Director for Municipal Services and Economic Development presented her department's budget. There was a 1.21 increase over last year's budget ($930). No new programs or positions were requested. { City of Denton City Council Minutes August 27, 1988 Page 2 Sandra White, Municipal Judge, presented her office's j budget. There was a request for additional funding so the Assistant Judge can provide more back-up to the Judge. Paulette Holmes, Director of Operations Analysis, presented her department's budget to the Council. This year's budget contained no new programs or positions. There was no request { for additional funding. ' Tom Klinck, Director of Personnel, presented Personnel's budget and explained the compensation proposal. Personnel was 1 requesting a 13% increase in funding. Two new positions, one Personnel Generalist scheduled to be hired in April of 1989, j and one additional Receptionist. Funding for the Affirmative Action Program had also been expanded. i The compensation proposal amounted to a $1.2 million package. Included in the package was a TMRS update, an across the board pay raise for City employees, the first half of a classification study, firefighter holiday pay restoration, and an additional holiday (Martin Luther King, Jr. Day). The Parks and Recreation budget was presented by Steve Brinkman, Director of Parks and Recreation. The Building Operations Department was requesting one additional person. Parks and Recreation Administration was requesting no new positions or programs, but there was a small increase over last year. Recreation was proposing an increase for next fiscal year for the Martin Luther King, Jr. Recreation Center. There was also a request to fund additional hours at all of the recreation centers. Park Maintenance was not asking for any new positions or additional funding. There was also some discussion concerning the plans for the Senior Center and the { department's use of the Recreation Fund. Joella Orr, Librarian, presented the Library's budget to the Council. The budget for fiscal year 1988-89 remained at the same level as the budget for fiscal year 1967-88. Mayor Stephens expressed concern over the need for a larger staff at the Library. Mayor Pro Tem Hopkins suggested increasing the budget for children's materials. Council Member Alexander returned to the meeting. The Council recessed for lunch. 12135 AFTERNOON SESSION BEGAN Gary Collins, Director of Data Processing, presented the budgets for Data Processing and Word Processing. There were no requests for new staff, and only one new software package had been requested, f? i w City of Denton City Council Minutes August 27, 1988 Page 3 i Rick Svehla, Deputy City Manager, presented the Geodata Information System (GIS) request to the Council. This system would not impact the general fund in fiscal year 1988-89, but it would require approximately $110,000 to $120,000 beginning in fiscal year 1989-90. It was stressed that this was a major II commitment that would require software and people. f John McGrane, Executive Director for Finance, presented the IIII budgets for his departments, In Financial Administration, the ` Treasurer position had been moved to a new department. f Purchasing's budget contained no requests for new positions or new programs. Customer service was requesting a word processing unit and a personal computer. Accounting was { requesting a Utilities Cost Accountant, Tax was requesting no 1 new positions or programs. Municipal Court was requesting one y new Clerk and a reclassification of the present Clerks, The Treasury Department was being created and there was a request for a Budget Analyst in the proposed budget. With no further business, the meeting adjourned at 1:45 p,m, ~ j 1 RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS i t ROGER NELSON DEPUTY CITY SECRETARY 4 CITY OF DENTON, TEXAS r + 1 { f 11 r 1 ? i ' 2256J r i N ~ A CITY OF DENTON CITY COUNCIL MINUTES 1 - August 30, 1966 I The Louncil convened into a joint meeting with the Airport ` Advisory Board at 4:00 p.m, in the Civil Defense Room. f ` PRESENT: Mayor Stephens, Mayor Pro 7em Hopkins, Council II Members Alexander, Ayer, Boyd, Gorton and McAdams ABSENT: None 1. Executive Session; 1 A. Legal Matters Under Sec. 2(e), Art. 6252-17 M V.A.7.S. 1, Considered settlement in Maverick vs. 1 { Ci___y^of Denton. f 1 B. Real Estate Under Sec. 2(f), Art. 6252-17 f V.A.I.S. C. Personnel/Board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S, No further action taken. i After a short recess, the Council reconvened into Executive c Session at 5:21 p,m. In the Civil Defense Room. E Executive Session: j I A. Legal Matters Under Sec, 2(e), Art. 6252.17 V.A.T.S. t i 1. Considered approval of a resolution authorizing the Mayor to execute a compromise and settlement agreement in litigation styled Maverick Aircraft, Inc. vs, the Cit of enTi -ton and consent to assignment o ease. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appolntments Under Sec. 2(g), Art 6252.17 V.A.T.S. No further action taken. +r 4 k' i City Council Minutes Aiioust 30, 1966 The Council convened into Work Session at 537 P.m. in the Civil Defense Room. f 1. The Council held a discussion regarding the possible establishment of a Denton Environmental Health Unit. Lloyd Harrell, City Manager, reported that the City had received notification from the County that the County would no longer provide environmental health services to the County as of October 1, 1966, but would continue to provide clinical services at no cost to the City. This notification had afforded the City 30 days in which to get a City unit organized, people hired and forms printed. Preliminary work done in May of 1967 by a City lask Force studying environmental health services had been used in formulation of a City unit to establish level of service and budget. Mr. Harrell stnted staff was re uestin from Council p reliminar y 4 R approval of the i 4 1966/69 budget for an Environmental Health Unit and permission for City Staff to spend $10,000 to get the department functional and operational. Mr. Harrell stated that Bill Angelo, Director of Community Services, would outline the J program for the Council. ' Mr. Bill Angelo, Director of Community Services, reported the budget request for the 66/69 fiscal year would be $116,469, j This request would allow for three sanitarians and provide supervisory personnel from current staff making one supervisor in charge of this unit and Animal Control. The initial location of the unit would be in the basement of City Hall. Inspection fees would remain the same as those charged by the I County. The City had been approached by other cities in the County who would be without environmental service asking if it would be possible to contract Denton services, Council expressed concern that Denton be the primary responsibility, and this unit be up and running before establishing any contracts. Council Member McAdams expressed concern about present staff being used in the supervisory position. Council Member Gorton questioned space availability for issuing health permits and training. Mr. Angelo assured Council the health unit would be a separate agency, and arrangements had been made to use the j Civil Defense Room for training once a week for one hour for I the next few months. 4 Mayor and Council Members agreed that this plan was acceptable, and Mr. Angelo should proceed with the establishment of an environmental health unit. I a~ `ry Y City Council Minutes August 30, mb Page 3 2. The Council received 19 bb-69 Budget Workshop and Presentations for the following agencies: A. North 'texas Fair Association Mr, bob Howard, Vice President in Charge of Finance, presented the North Texas Fair Association budget. Mr. Howard outlined budget expenses for the year and presented a schedule of events held at the fairgrounds. Other revenues for the Association were generated through the Fair and rentals. Lalor Fund- represent about 251 of their total budget. { B. Greater Denton Arts Council Mr. Herbert poll, Executive Director, presented the Greater Denton Arts Council budget. Mr. Holl reported that Later Funds were significant to the Arts Council because other funding was changeable and designated in nature. f Council Member Hopkins asked if rental fees charged attempted to recover legitimate costs. Mr. Holt reported rental fees charged with a structure that charges members and non profit organizations less do recover legitimate costs, Lloyd Harrell, City Manager, asked if any attempt would be made to repay the loan made from the Building Fund to the General Fund. Mr. Holl indicated that although it was not shown in the bud et plans, they were to begin repaying this loan at a rate of 1500 per month beginning in September of 1966, i M C. D.-nton County Historical Foundation Mrs. Myrtle Watson, Vice Chairman and Chairman Elect, presented the budget for the Denton County Historical Foundation. Council Member McAdams asked if any plans had been made to address the issue of black history in Denton, Ms. Watson indicated that some oral histories had been collected, and black history was a part of their collection that was growing. D. Dent,.n Visitor/Convention Bureau j Mr bob Woodin, President, with support of JoAnn Ballantine, Staff Director, presented the budget for the Denton Visitor/Convention Bureau. This new budget represented some cutbacks in programs due to less funds. Council Member Gorton asked how many salaries were reflected in this budget, Mr. W'oodin indicated that there were three. Council Member Hopkins asked if the Bureau had any other source of revenue. Mr. Woodin indicated that the Bureau was funded totally by Lalor Funds. i Council Minutes August 10, 1966 Page 4 Ms. Ballantine asked the City check to make sure hotels and f m and otels were reporting accurately and that they were collecting 41 Finance, rindicatedp that this John could rbe edone Executive by hiring Director someone f to go In and audit hotel/motel records, Mayor Stephens reported the supply of official keys to the City was dwindling and asked for the Bureau's assistance in acquiring a new supply, pp i vote on the? taxCrateiforcFiscalrYearpl9SE b9 of taking a record No discussion followed. Boyd motioned, Ayer seconded that no action be taken on the tax rate. Motion carried unanimously, I The Council reconvened into Executive Session at 7:41 f the Civil Defense Room. p.m. in Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S, i 1. Considered approval of a resolution authorizing the Mayor to execute a compromise and settlement agreement in litigation styled Maverick Aircraft Inc. a vs. the Cit of Tenton an cod" onsen to as's inment o ease. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. The Council reconvened into open session and took the following action: F t RESOLUTION NO. R66-OS4 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT IN THAT CERTAIN f LITIGATION STYLED MAVERICK AIRCRAFT INC. VS. THE ' CITY OF DENTON, TEXAS, ET AL, AND A CONSENT TO ASSIGNMENT OF A CERTAIN AIRPORT LEASE; AND DECLARING AN EFFECTIVE DATE. i Ciuncil Minutes August 30, 1988 Page S McAdams motion, Hopkins second to approve the resolution, 4n roll. call vote, McAdams "aye," Alexander "aye," Flopkins "a e," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. With no further business, the meeting was adjourned at 758 p.m. R-ay M-epReWns`, Rayor -'"`_.r. City of Denton, Texas t Betty Williams, Deputy tZ t eeretary ; City of Denton, Texas it 4220M 3 t t- ~f f ' f r L f r: '~st T T Izu JLI:u j t) i ~ l s k s f 7 f yy~ I j t } E k j Y i i l~ PTET; i i I ti DAI6: UV eiJ/bb ' j e i CITY CUUnC1L REPORx' FUk0l t 10: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECI': PUBLIC HEARING ON PROPOSED ANNEXATION OF APPROXIMATELY 135 ACRES LOCATED SOUTH OF MILLS ROAD, EAST OF MAYHILL ROAD, AND NORTH OF MCKINNEY STREET ADJACENT TO EXISTING CITY LIMITS (A-55) RECOMMENDATION: i+ The Planning and Zoning Commission will make a recommendation on 'I September 28, 1988. SUMMARY: ; On March 15, 1988, City Council directed staff to prepare addi- 4 ttonal information on the cost and benefits of annexation of prop- arty east of Mayhill Road and North of McKinney Street. The City 9 Council decided to consider annexation of the Denton Independent School District site and property to the vest between Mayhill and Mills Roads and McKinney Street. A map indicating property owner- ship and land use is attached. a I BACKGROUNDi i Denton Independent school District petitioned the City of Denton n for annexation of 69.097 acres proposed as the site for a new high school. Between 1983 and 1986 the City has annexed property to entirely surround this property. The property includes residential 1 uses, agricultural uses$ and auto parts and salvage yard. I The school district has informed the Planning Department that construction at the high school site will begin after contracts S are awarded on December 13, 1988. The construction phase will be approximately 28 months with school to open in September, 1991. For long range planning purposes, DIED is discussing the possibility of purchasing the 15 acres abutting Mills Road which is east of the school district property. i Y M1I I J ~ A-55 September 201 1988 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: j All City departments and 28 property owners. FISCAL IMPACT: Fiscal impact will depend partially on the Construction of the new high school. A 16' water line exists along the south side of McKinney street and an 6' line along north side of McKinney Street. i An 8' sanitary sewer line is located along McKinney Street, Exten- sion of utilities is not proposed in the CIP, however, the Utility Department estimates minimal cost if DISD develops the high school site. Engineering Division estimates 300,000 to rebuild Mayhill { Road (half of road is currently in the City limits) and 4360,000 to E rebuild Mills Road. Roads would not require immediate rebuilding, i 1 M ctfuyly 4i z v" oyd V. Harrell i City Manager Prepared by: Cah Cecile Carson i Urban Planner Ap o s i rank He Robbins ` Executive Director for 9 Planning and Development 2281a I k ' ~J 1 S j 1 I. r i 2420L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by n before the City Council of the City of Denton, Texas, on the - day of , p' 1988, at 1:00 o'clock P. M. in the ty ouncil C a era o t e Municipal Building of the City of Denton, Texas, for all persons e interested in the above proposed annexation. At said time and lace all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and fore the Ci y Council of the City of Denton, Texas, on the day of , 1988, at 7:00 o'clock P. M. in the ty Council c ers o t e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. t RAY R l i ATTEST: I~ P Ze~P4 j , I ` A-55 k 1 V EXHIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest survey, Abst. No. 417, and also being part of Lot 1 and 2, Block C. of the Morreau Forrest Subdivision, and more particularly described as follows: I Beginning at a point in the present city limits, said point being an inner ell corner of the present city limit, as described in { Ordinance No. 83-134, said point lying 250.0 feet north of and perpendicular to the centerline of F.M. 426 (McKinney Street), said point also lying in the west boundary line of the Meadows Addition, an addition to the City and County of Denton, State of Texas as recorded in Cabinet E, Page 60 of the Plat Records of Denton County, Texas said point also lying in the east boundary line of said Lot 2, Block C of said Morreau Forrest subdivision; THENCE northwesterly 250.0 feet northeast of and parallel to the centerline of said F.M. 426 the following 6 courses and distances, (1) north 630 54' west 367.95'; (2) north 670 29' west, 368.661; (3) north 700 37' west, passing the southwest corner of said Lot 2, Block C and the southeast corner of said Lot 1, Block ; C of said subdivision for a total distance of 418.0'; (4) north 730 10' west, 498.13' to the beginning of a curve to the left having a radius of 11,711.16', a central angle of 40 01' and a chord bearing and distance of north 750 10 west, 851.471; (5) northwesterly with said curve an arc length of 851,661; (6) north 770 24' west, passing the southwest corner of said Lot 1, Block C and continuing for a total distance of 498.72' to a point, said point being the intersection of the southerly northwest corner of the tract described in Ordinance 83-134, with the east boundary line of the tract described in Ordinance 65-43, said point also lying in the west boundary line of said Forrest survey and the east boundary line of the M. E. P. & P. R. R. survey, Abst. No. 927, said point also lying in a north-south public road known as Mayhill Road for corner; THENCE North along the present city limits same being the west j boundary line of said Forrest survey and the east boundary line of said M. P. & P. R. R. survey and in said Mayhill Road to a point lying approximately 40.0' west of and perpendicular to the northwest corner of a tract described in a deed from Otto Dee Carpenter and wife, Marjorie Lee Carpenter to David Brearley and wife, M. E. Brearley by deed dated April 26, 1941 and recorded in volume 296, page 163 of the D,R.D.C.T. for corner; THENCE easterly passing at 40.01, more or less, the northwest corner of said Brearley tract and the south right-of-way line of A-55 i 4 r . EXHIBIT "A" (Con't) k an east-west county road known as Mills Road, and continuing h along the south right-of-way line of said Mills road and the north boundary line of said Brearley tract, passing at 609.0 I feet, more or less, the northeast corner of said Brearley tract same being the northwest corner of a tract conveyed from Thomas Wilburn Vaughn et ux to Thomas R. Brown by a deed dated May 4, 1948 and recorded in volume 344, page 270 of the D.R.D.C.T., j continuing along said boundary line and road passing at 933.5', j more or less, the northeast corner of said Brown tract same being the northwest corner of a tract conveyed from R. C. (Cecil) Vaughn et ux to the Denton Independent School District by a deed j dated June 27, 1972 and recorded in volume 649, page 178 of i D.R.D.C.T.,~continuing along said boundary line and road passing at 1,540.96', more or less, the northeast corner of said Denton ` Independent School District tract same being the northwest corner of a tract conveyed from Lillian Mabry to Herbert McCurley at ux i by a deed dated February 25, 1978 and recorded in volume 876, ' page 743 of the D.R.D.C.T continuing along said boundary line and road passing at 1,961.9 more or less, the northeast corner of said McCurley tract same being the northwest corner of a tract conveyed from Doyle Griffin to A. M. Baker by a deed dated July 8, 1964 and recorded in volume 510, page 560 of the D.R.D.C.T. 6 continuing along said boundary line and road passing at 2,523.96', more or less, the northeast corner of said Baker tract same being the northwest corner of a tract conveyed to Mrs. Bertha Griffin by a deed dated March 9, 1926 and recorded in volume 205, page 165 of the D.R.D.C.T. and continuing for a total distance of 2,944.961, more or less to the northerly northwest C corner of the present city limits Es established in Ordinance 83-134 and the northwest corner of said Meadows Addition for corner; THENCE south Oo 12' east along tha present city limits, same being the east boundary line of said Griffin tract and the west boundary line of said Meadows Addition passin at 465.01, more or less, the southeast corner of said Griffin tract and the northeast corner of a tract conveyed from Frank M. Estes et ux to the Denton Independent School District by a deed dated June 27, 1972 and recorded in volume 649, papa 180 of the D.R.D.C.T. and continuing for a total distance of 2,579.08' to the Point of Beginning and containing 135.0 acres, more or less, of land. A-55 1 f PLAN OF SERVICE FOR ANNEXED AREA, C1Tt OF DENTON, TEXAS 1. Basic Service Plan j A. Police Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation. i B. Fire Fire protection by the present personnel and equipment of the fire fighting force, will be provided on the effective p I date of annexation. C. hater/Wastewater s Maintenance of public water and wastewater facilities will begin within sixty (6U) days after the effective date of the annexation for all facilities required to be maintained J by the City of Denton. D. Refuse Collection i The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (60) days after the effective date of annexation. E. Streets 1. Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation. 2. Routine maintenance on the same basis as in the present i City, will begin in the annexed area on the effective } date of annexation. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be r accomplished under the established policies of the City. 4. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and j traffic standards. i F. Inspection Services Any Inspection services now provided by the City (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin In the annexation area on the effective date of annexation. d Service Plan Annexed Area Page 2 f G. Planning and Zoning The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation, city planning will thereafter encompass the annexed area and a zoning designation for the property will be established. j H. Street Lighting Street lighting will be installed in the substantially developed areas In accordance with the established policies of the City. 1. Recreation Residents of the annexed area may use all existing 3 recreational facilities, parks, etc., on the effective date of annexation. 1'he same standards and policies now used in the present City will be followed in expanding the recreational program and facilities in the enlarged City, J. Electric Distribution The City recommends the use of City of Denton for new a electric power. ...E L. Miscellaneous Street name signs where needed will be installed within approximately six (6) months after the effective date of annexation. II. Capital Improvements Program (CiP) 1 The CIP of the City Is y prioritized by such policy guidelines as. F A. Demand for services as compared to other areas based partly on density of population, magnitude of problems t compared to other areas, established technical standards and professional studies, and natural or technical re- straints or opportunities. B. Impact on the balanced growth policy of the City. C. Impact on overall City economics, The annexed area will be considered for CIP in the upcoming CIP plan. The annexation area will be fudged according to i the same established criteria as all other areas of the City. f 1 r ANNEXATION 55 WORTH q ' ` 1 1 I fir NWY !60 MOM ~ ..may 1 1 oof j L 'I r ~ ~ I 4 fr 1 ~ I 1 C G 1 , I M A-55 OWNERSM AND LAND USE MM NORTH 42, YM 4,64 , 4 Fno~zi ---t _ r. tf. 11 c l FF1 1I -.Vi 7vis' 1 I yJi. 4, h,ok,Ir n yr• w R Y r'IM1rlsM 44 aeA= u°A~ '.t p s,AS r,' As 4 40 Ad r to 14 "Dim ~ I ~,ira~ • ej~~~, +1~.! L:~ .HK . lylNl~S e y s A t A~ • a Y 1191 a.ry. YI}f, Akz 1 a-BUSINESS ) _ lei 4?G I J W r V 's 1 ANNE M ION SCHEDULE A-SS ,E . City Council sets date, time and E ` ✓ August 2, 1988 place for public hearings August 26, 1988 Notice published in Denton Record Chrcnicle for first public hearing f j ✓September 6, 1988 City Council - first public hearing ✓September 9, 1988 Notice published in Denton Record Chronicle for second public hearing City Council - second public hearing September 20, 1988 f September 28, 1988 Planning and Zoning Commission makes { recommendation October 11, 1988 City Council institutes annexation 1 October 14, 1988 Publication of ordinance in Denton Record Chronicle November IS, 1988 Final action by City Council i y E :A V e Special called meeting a i r i j ! 1 1 is 1, w r; r I z 1 4 WWI r r~ M of~CJ . DATE: 09/20/88 CITY COUNCIL REPORT FORMAT TO- Mayor and Members of the City Council [ FROM: Lloyd V. Harrell, City Manager i[ SUBJECT: PUBLIC HEARING FOR H-37 AND ADOPTION OF ORDINANCE RECOMMENDATION: t• The Planning and Zoning Commission recommended approval of H-37 by a vote of 6-0 at its meeting of August 10, 1988. SUMMARY: This is a request for an individual landmark designation on a e general retail zoned tract located at 118-120 N. Locust Street. BACKGROUNDt F l This property is worthy of historic designation due to its architecture and its location in the historic downtown area. Q$OORAMS. DEPARTMENTS OR GROUPS AFpgCTEDt Not applicable. ; E, FISCAL IMPACTt This property, if designated, will be eligible for a 50% reduction i In City taxes fora 10-year period. Reap fully submittedt 9 I '---gorv Tr Prepared by: 1 are Ci y Manager t mss. l</,rn4 a III th Evans Pla ing Administrator f{ Appr v t s { rank H. Robb e Executive Dire for for I Planning and Development 2275) i k , i F i .4 4 ! STAFF REPORT h $ To: city council Case No.: H-37 Meeting Date: September 20, 1988 I GENERAL INFORMATION Applicant: Wallace L. Duvall 2100 Sauls Lane Denton, Texas 76201 Status of Applicant: Owner Requested Action: Historical landmark (H) zoning I designation. ` Location and Size: Margie's Fabrics, Unlimited, a 6,480 a square foot tract located at 118-120 ; N. Locust Street f Surrounding Land Use and Zoning: North - Office= CBD South - General retail; CBD East - General retail, office; CBD West - Courthouse; CBD Denton Development Guide: High Intensity Area Y SPECIAL INFORMATION 3 i Article 28 A-1 of the City of Denton Zoning Ordinance defines a historic landmark as any building, structure, site, district, area of architectural, historical, archeological or cultural importance or value, which the City Council determines shall be protected, enhanced, and preaervehwelfare of the people, culture, prosperity, education and general Section 28 A-2 of the above referenced ordinance declares as # policy the following purposes of the historical preservation ordinance: 1. To protect, enhance, and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and State's architectural, archeological, cultural, social, economic, ethnic, and political history and to develop appropriate settings for such places. I i N I (Case H-37) Page Two 4 y SPECIAL INFORMA,rION (Continued) 2. To safeguard the City's historic and Cultural heritage i as emiodied and reflected in such historic landmarks by ` r appropriate regulations. fl ) 3. To stabilize and improve property values in such f locations. 4. To foster civic pride in the beauty and accomplishments of the past. 5. To protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. ,a.. 6. To strengthen the economy of the City. 7. TO promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. f ANALYSIS The building located at 118-120 N. Locust Street is worthy of historic designation for the following reasons; n 1. This structure was built in 1913. it is a good example of early twentieth century commercial architecture. Various commercial and retail businesses havF. occupied the building over the years including C. R. Hamilton } Laundering and Tailoring, W. W. Batton Groceries, White Front Cafe, Shipp's Barber Shop, McCroy's Variety Store r and Kay's Thrift shop. 2. This property is included in the historic downtown i area. The preservation of this early twentieth century y f structure is important to the history and architecture of the City of Denton. RRCOMMMATION r "I` { The Historic Landmark Commission recommended a pproval of H-37 by a vote of 7-0 at its meeting of February 81 1988 and felt 1 that the structure met the following criteria for historical (H) designations } J K, 1 +Jr 14 1 (Lase 11-57) i Page Three l k W001ENDAI10N (Continued) A. Character interest, or value as part of the develop- ment, tier jtage, or cultural characteristics of the City ` of Denton, State of texas, or the United States. f` B. A building or structure that because of its location has become of value to a neighborhood, community area, or I the City. C. Value as an aspect of community sentiment or public pride. D. Embodiment of distinguishing characteristics of an architectural type or specimen E. Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a ; plan based on architectural, historic, or cultural motif. r f The Planning and Zoning Commission recommended approval of H-37 by a vote of 6-0 at its meeting of August 1U, 1988. ALTERNATIVES 1. Approve petition 2. Deny petition , ATTACHMENTS . 'F 1. Location Map 2. Petition 3. Historical Summary 4. Reply Form Totals 5. Property Owner List ! 6, Minutes of Historic Landmark Commission meeting of February 8, 1988 and July 11, 1988. i 7. Minutes of Planning and Zoning Commission meeting of August 10, 1988, z i 3 , i 1 21958 i 7 H 3 7 M come i pas t o s 403 } „n I I ill II 10 ~ i~-:n~ As i il. l0ee 1 1 i ! I t X26 1 402 r ~ us i i Ip I ° 1 ' _r t I I ~ I w w f"' _ - - '.1►, ~ f1 1 rr D 1t ~a.>u-a~_aci_ r e 'ts i• q ele,r a sl 40' I i i p i i I III f t I e r-_e_ JL- OAK - EAST C f ion ~ i i Ij _ s ~ 301 wrl.. r.•... 1 r I l2 y j e it t I 11 1 !i I 90 1 fl i f ! 1 t 1~4 11 7 q If S1I 4 t 1 1 1 1 t 1 e it { f i 225 1•/ Ir Irk2T 'U" I ► , t i 4 1'oil $04 s I 03 e1 " . r zzz ze s 4 1 I i I 1 eto t l 1 s i. t s 4 j 1 I y ~ HISTORIC LANDMARK ZONING PETITION CLty of Denton, Texas SITE ADDRESS: -/}s1 viTSt/ rt CITY LOT d BLOCK OR LEGAL DESCRIPTION: ' PRESENT USE: 1~efr l t06 ZONING:Cee+'I CONSTRUCTION/DESCRIPTION: /c _ t i ' .s . .....r..a++.'....~r CONDITION; r.•,~, EXTERIOR: INTERIOR: 6o,. "'"'i'"~=-•~i ' .~~Lsn;.r (GOOD, FA IRO POOR PRESENT OWNERS ADDRESS TELEPHONE NUMB l?Or, ;21v0 SAUAS AAwg R.` T A, a2i)-191),er/ DATE BUILT: DATES AND EXTENT OF ALTERATIONS/ADDITIONS: CAHITECTt B I DER: ORIGINAL O MR: ARCHITECTURAL STYLE P IOD ITH DES RIPTION OF ANY INNOVATIVE DESIGN, FEATURES, DETAILS, MATERIALS OR CRAFTSMANSHIP: NATIONAL REGISTER? "o NATIONAL U014AP.K? N e RECORDED TEXAS LANDMARK? /y LOCAL SURVEYS OR RECOGIITI ION? ► ' ADD ADDITIONAL INFORMATInN TO. SUPPORT CLAIM IN CHECKED CATEGORY. (r: e.: 1,a ;,.IA. )J.A ,.ll.. 4....,.,1..', .e.t~ ti .1~.. .]7~. ...r,.,.J.f_„ 1 r h N r i 'By the 1860's the business fronts around the square were just about all ` filled in. Most of the buildings, however, were constructed of wood. on ! the East side stood the Paschall Building. That building is still standing. It now houses law offices. Next to it was the C.A. Williams Dry Good Store begun in 1884. Thereafter, for 100 year there was a Williams store some- where in Denton. In the 1890's the entire East side was destroyed by fire, Ir with the exception of the Paschall building. I 1 { In 1913 a building was erected at 118-120 N. Locust where the C.A. Williams t h Dry Goods Store was. It was occupied by C.R. Hamilton laundering and tailor- ing, it was occupied in 1918 by W.W.Batton Groceries, in 1922 residence by P. Poling, in 1936 by White Front Cafe and Shipps Barber Shop. In 1939 118 and s 118 were occupied by Hopper Auto Supply and Ralphs Radio Service. 120 and 120k by Shipps Barber Shop and Rays Cafe. In 1939 - 1940 by Grants Vogue, in 1941 tp 1961 by McCroys Variety Store. In 1964 i# to 1980 by Kay's Thrift Shop. Present tenant and owner is Wallace L. Duvall. Margles Fabric Shopar Legal Descriptions, Owens Past and Present are on separate papers that accompany th=ese pages. t i I I i I N r NARRATIVE DESCRIPTION OF BUILDING AT 118 N. LOCUST The attached Assessor's Abstract of City Property indicates that the building was built in 1913, The exterior walls were r ` j made with brick that had a "waffle" surface which was apparently ` I used frequently during that period of time. According to the Assessor's Abstract, the foundation was made of stone and brick] however it appears that the concrete foundation that is in place now has been there, perhaps, since the building was built. Probab- ly the basement excavation was extended after the building was originally constructed. The basement extends approximately three fourths of the length of the building. The Assessor's Abstract indicates that the roof was flat - as it is today - and that it consisted of tar and gravel. Interior walls were plastered and the floor was hardwood. As an indication of the period in which the building was built, the heating consisted of stoves, Also, there are some burned spots on the floor to attest to this method of heating. Additionally, there is an outline of a former fire- place Aonf the basement walls, building permit was issued on July 29, 1941 for $10,000, I However, the exact work that was done was not specified on the form. A copy of the permit is enclosed. Although a complete history of the use of the building has not been documented, it has been used for a variety of enter. prises. Various people have indicated that McCrory's store was located there for a period of time. Additionally, a grocery store, a cafe, a discount "dry goods" store, a warehouse for Russell's Department Store (in the basement area), and now a retail fabric store is the occupant, USA Life Title Company was kind enough to provide the following history of ownerships South 1/2 of lot 9'1 North 29' of lot #2 I W.M. Carlton, Exector of the Estate of Julia A. Craft, deceased, to W.C. Kimbrough 9-5-36 W.C. Kimbrough and wife, Willie E. to McCrory Stores Corporation 6-16-41 (lease) Joe E, Kimbrough etux Ruth to Hazen K. Armstrong 1-3-56 ' Eaten K, Armstrong etox Viola to G. Emery Taylor 2-1-57 0. Emery Taylor etux Eunice to J.H. Fultz, Jr. 7-14.73 F` J.H, Fultz, Jr. tc Wallace L. Duvall 2.18-86 e•Joe E, Kimbrough etux Ruth and Hazen K. Armstrong are heirs of W.C. Kimbrough, Probate dtd. 9-29.52 f I ~ 1 PROPERTY OWNER REPLY FORMS CITY COUNCIL 11-37 IN FAVOR_ IN OPPOSITION UNDECIDED Fjola Jeffries None Received 2112 Stonegate Denton, TX 3 1 ' s f r i E { I Al 1 ' ~ ~ IIII J, I i s r Gl X11 / o,< ~ ~i/i5 ; I/8 N, coos f- o r~. axon c~'r~'cr~on / ,!Z ~/k 7 vD~a~icVo / a Co/s ylio//o/ (/~xhiy~ f~ 1 01 W:50 0110e) %rarNrNP.I/ ~ ~Gt~~art , rx . 1GZO/ -9032 a/ ®/Ili~ GOsp coriao J N, Fvr.Tt l1'I N Cacrsf ~ ,3~/0l '7Qr~knr jar. 7GZo/ j } { 6~ ~~lo/ ODSrJ GbGct7 ~ H. GJi// ~ j 1228 ltd!/in ISvsr Owl i 3r5~1o1 AYP a ~i~rc~miir~ fm14Cn) r'1cf~af S Fre y S,~~lol who c~ayab ~rArai~,~ri,+~ GAT M~~asler~ 4 ' ~Gf~~ril T lG?o/ 5, (0 2 ~rol G~Xo o/rvd ~~rl cis oe) /7ek~it/ F aue <7,4wb/e X NN Vii, iAm r Tx. 1G2o/ s 6, l I lot o Gbroa °'n oo to, 0.0 fo A w 4 *p /`1.,r 3or aw ,Offs/, Co - 3 Rolf tG~ l~arfon , Tt. ro/ } v H 3~ o? or l2 !o~ Cb.56 01200 ~9.uue /7. SyiPG~y ~r a23 l 1 2' 102 28go tb/cam 2~ab E , %r, ob 3y u~ev~u,ase • ~ Daa~ Tx. 5 ~ i 7622 : I N~ 021v moo ~lav~a/ c"-, catidrel ~ : ~ gl27 lbI U7 02,10 0/ 100 R,~ , S<~eplteraJ Ups, ~H ~Citlc~7 rx,?G2o/ s ! ~!r$ Otto p ' kts~ oox wW/ Zrvo ~i/c~~ 2/4er oho mw /.v,. Pow loon, ~.StouEsr-d, ,i ~ I N 8 ot2o0/~ j !3/ 118 MAP o//*, Mer~~n ~C ~~~s 1 S ~5 ~r~oCYfry -s•Law'tGV~ y ~7 3 o~_L ~ /y///8 0220 D/~ ~T. c . 3xjs i7f 1 8dr 71 -.4 ll..~ts,~s-i ~ ldovtsrfo g'jo9/ ~~~v4 59~Ri~~ Shi;/ef Fiiitiaria/ ie,ras ~y . 5wfc E, /;w I ~C E sot, f 3/~l0/ 5980 lbZCi~ Gtr 3cV V~q~r1~8 Gee x/32 Fv/1a~ Ven4» %x, 7G10/ f ~'ol 5a~ -e~w-n 2aek ~ M~ I ~s,1rr, Tx, 7G to/ i i7 1 f 3 I II 1 1 i i +C v Minutes Planning and Zoning Commission August 10, 1986 The regular meeting of the Planning and Zoning Commission Of the City of Denton, Texas was held on Wednesday, August 10, 1988, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Ere.k, Jim Engelbrecht, Ivan Glasscock, William b,mman, Etha Kiker, and Fran Morgan Absent: Judd Holt j Present from Staff: Frank Robbins, Executive Director for Planning and Cevelopmenot ; FIIzabeth Evans, Planning Administrator: Cecile Carson, Urban Planner; Guen Yost, Urban Planner; Joe Morris, Assistant City Attorney; Jerry Clark, City Engineer; and Donna Eaker, Secretary Chairman Euline Brock called the meeting to order. 4 1. Minutes A. It was roved by bor. Glasscock, seconded by !4. Morgan, i and unanimously carried (6-0) to approve the minutes of III the regular meeting of June 8, 1988. B. It was moved by Mr. Kamman, seconded by Ms. Kiker, and F unanimously carried (6-0) to approve the minutes of the regular meeting of July 13, 1989. i } 11. Public Hearings q titicn of A. HAa TaceCDuvallrtequestingrhistoricalandmarkt{H)Pdesignation at 118.20 Forth Locust Ftreet. The property is further I described in the William Neill Survey, Abstract No. 971. 4 Twenty notices were mailed to property owners within 200 feet; two reply forms were received in favor, none were received in opposition. STAFF REPORT: Ms. Evans stated the property is located n an surrounded by the Central Business District. the Denton Development Guide states the area is a high inten- slty area. She said Article 28 A-1 of the City of Denton Zoning Ordinance defined a historic landmark as any building, structure, site, district, area of architectural, his- torical, archeological or cultural lnpottance or value, which the City Council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and general welfare of the people. Ms. Evans stated that Section 28 A-2 of the City of Denton the pog of Ordinance historicalePieservatioo,ordinanceowing pur- ses Torjrotect, enhance, so which represent or ieile~tadistinctive andd important elements of the City's and State's architectural, archeological, cultural, social, forhistory places. economic, ppnsettangspolitical develop appropriate 2. To as embodieddandpreflectediinoruchahistoricrlandmarksRp by appropriate regulations. 'f Cs 1 r FpZ ''ir,utes Atigust 10, 9b8 Page 3• 70 stabilize and improve property values in such locations, a• To foster civic pride in the beauty and accom- plishments of the past, To protect and enhance the City,s attractions to j Port touristsati and vlsltcrs and provide incidental sup, i 1 ruulus to b, provide and industry, 6. To strenithen the economy of the City, 7. 7o promote the use of historic cure landmarks for the cut- , d , y, education the peopprleesperl t of the Citv and vlsltaisneratheelfare of SorthvLocustnStreet wastwothe rthbullaing locatea at 118-120 the following reasons: y of historic deal gnation for i 1. She structure was built L+ 1913. If early twentieth centur it is a B'od example Various commercial and retailRbusinesseschare'accu- ° pied the buildin ure. Hamilton Launderin n thTai e years including C• A Groceries, White Front ad Cafeloring, W, h. Batton McCroy's Variety Store ',ShiPP s Barber Shop, and K s Thrift Shop, 2. The property is Included In the historic downtow t area. The preservation of th n e early twentlet" f arcattecturecoErthesC(tPoofant to the history and Y Penton, Evans concluded that the Historic Landmark Commission recommended a e pproval of 1.37 by a vote of 7.0 at its t eting of February B, 1988 and felt that the structure i n the following criteria Eor II rlc: ito (H) designotlon; l• Character Went, herlianterest, or value as part of the develop. g , or culturael characterfstlcs of the City of Centon, State of Txas, or the United States. 2. A building or structure that because has become of value to a neighborhoodof, c!tomsmu location or the City, i area, 3. Value as an aspect of community sentiment or public 1 Pride. 4. Embodiment of elstingui" In architectural type or speclmenharacterlstlcs of an 5• areas which Relationship to ar other distinctive buildings, sites ae are eliglble for preservation according or a plan based on architectural, historic, or cultural motif. PETITIONER: • hone Present. IN FAVOA; Hike Cochran, Chairman of the Historic Landmark omm ss on, stated that he and the Commission felt Past sandcth8t Itshadfnot be~nptuinederutitecture from athe was not a wonderful piece but was a verHe added that it Ms. Prock asked what the condltlon of t:1erbuildingeuas. Mr. Cochran stated that it was In satisfactory ccndltlon except for the paint teat was on the windows. j , Pd: Ninutes August lu, 1988 Page 3 He added that It was a requirement of the Historic Landmark Commission to have the paint removed and the requirement was met. 1 Mr. kamman asked if the front of the building was orig- inal. Hr. Cochran stated that he did not know. The titioner had tried to locate papers as to what year the weilding had been built and was unsuccessful. The only known papers were in the old courthouse when it had burned down. he continued that some remodeling had been done though it was early in this century, possibly 1920's material. He added that the building had a lot of windows. 3 Mr. Camman stated that the windows were not from 1913. Nr. Cochran agreed that they were not from IW but did not know when they were added. He stated that if the building was designated as a historic landmark, no major architectural changes could be made with 0ut prior approval from the Historic Landmark Commission and the Planning and Zoning Commission. He added that the owner showee pride in the structure. Mr. Glasscock asked if it was the only historic landmark building on the Square. Mr. Cochran said no, that there were others. i kallaee Duvall, 2100 Sauls Lane, petitioner, apologized for being late and stated that he would answer any ques. tions. He added that he would like to have the building designated as historic. OPPOSED: ;'one Present. RECOMMENDATIOM Ms. Evans stated that the Historic an mar omm ssion recommended approval with a unanimous vote of 7-0. } REBUTTAL: None Offered. j i Chair declared public hearing closed. DECISIONS Mr. Glasscock moved to recommend approval of 1737 -Seconded by Ms. Morgan and unanimously carried 8. Consider making a recommendation on a request for a street name change for highvlew Court. r STAFF REPORTt Ms. Evans stated that a request had been ma e o c ange the name of either Highview Court or Hiahview Circle because they were too similar. She sold the Historic Landmark Commission considered the request at its meeting of May 9, 1988 and later requested that property owners be notified prior to considering possible alternatives. She stated that the Historic Landmark Commission those to change the name of Highview Court instead of Hlghview Circle because of the amount of residences on Highvlew Circle. IN FAVOR: None Present. r OPPOSED: None Present. RECOMMENDATIONs Ms. Evans stated that the Commission had e op ons o approve the name as Treecrest Place, approve another name, or deny the petition. She added that the historic Landmark Comaission recommended approval of the name change to Treecrest Place. I 1 I 1 Minutes Historic Landmark Commission July 11, 19?8 The regular meeting of the Historic Landmark Commission of the City of Denton, Texas was held on July 11, 1988, at 5:00 p.m. In the Civil Defense Room of the Municipal Building, i Present: Judith Abbott, Mitre Cochran, Catherine Conrady, William Hansbury, Richard Hayes, Built t Lowry, Tom Miller and Janet Shelton Absent: William Barker and Gaylen Fickey Present from staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Joe Morris, Assistant City Attorney; and Olivia Carson, Secretary Vice-Chairman Tom Miller called the meeting to order. 1. Minutes: It was moved by Mr. Hayes to arove ~he minutes of tFe regular meeting of June 13, 1988. Seconded by Ms. Conrady ~-and unanimously carried (6-0). !Consider add L Tonal information submitted by Wallace Duvall for 116. 0 Notth Locust Street {H-37), Ms. Evans stated that the Commission had requested that Mr. Duvall complete the chain of title and remove paint from the windows of the building, Mr. Duvall stated that he has obtained as much information about the chain of title as Is available. Nothing really s beneficial has been discovered. Stevart Title said that their abstract does not have any more information. No one knows when the building was constructed or who the builder was. Mr. Duvall said that he checked the other sources that he was referred to and found an old City permit that gave the construction date as 1913. Mr, Lowry asked if Mr. Duvall had checked the mechanic's liens at the Courthouse. Mr. Duvall said yes. Mr. Lowry -moved that the request be forwarded to the Planning and Zoning Commission pending an inspection by Mr. Miller to determine whether all the paint has been removed from the 1 windows of the building. Seconded by Ms. Conrady and unani- ! mously carried (6.0). 1 1 I I I it 1 Minutes Historic Landmark Commission February 8, 1988 j i The regular meeting of the Historic Landmark Commission of the City of Denton, Texas was held on February 8, 1988, at a:JO p.m., in the Civil Defense Root of the Municipal Building. Present: Mike Cochran, William Barker, William Hansbury. Richard Hayes, Sandra LaQuey, Bullitt Lowry, Tom Miller, ■nd Janet Shelton i Absent: Catherine Conrady and Gaylen Fickey Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elisabeth Evans, Planning Administrator; Joe Morris, Assistant City Attorney; and Olivia Carson, Secretary Chairman Mike Cochran called the meeting to order and welcomed Mr. Robbins to the City staff. 1. Minutes Mr. Cochran stated that paragraph 10, page Z, should read ' " ..bIue plastic steathing..." I Mr. Miller moved acceptance of the minutes of the regular meeting of January 11, 1988, as corrected. Seconded by Ms. Shelton and unanimously carried (7-0). 11. Considerations i A. H•lT, Petition of Wallace L. Duran for historic landmark f TesTgnation at 118 Worth Locust Street (Morale's Fabrics 11i Unlimited). ti Ms, LaQuey moved to remove the petition from the table. Seconded by Mr. Barker and unaniaously carried (T-O). Mr. Cochran stated that Mr, Duvall has provided more In- formstton on the history of the building at 118 N. Locust. A title chain traced the ,property back as for as 1976 when W. C. Riabrough purchased e property Eros the estate of Julie A. Craft. He askthed if it is known how long the Crafts awned the property. l Mr. Duvall said no, Mr. Low:/ moved recommendation of the property at 118 North i Locust Street (Mar le's Fabrics Unlimited) for historic designation provid~no the full chain of title is completed prior to a public hearing before the Planning and Zoning Commission. Seconded by Mr. Barker, 1 Mr. Miller moved to vend the motion to state that the glass on the windows should be cleaned before the public hearing with the Planning and Zoning Commission. Mr. Duvall stated that he has begun cleaning the windows but that bad weather has delayed the work. Mr. Cochran asked if the paint is on the inside or outside of the windows. ' Mr, Duvall replied both, Mr. Lowry stated that Mr. Taylor, a volunteer with the County Historical Commission, has asked Stewart Title Company to research the title chain on the property. They have agreed to do so at their convenience. i t, F, I ~O I I HF linutes Fe..uary 8, 1988 Page 2 Mr. Duvall asked if Stewart Title will have more Information than USA Life Title which he had employed. Mr. Hayes answered that Stewart Title is the oldest in town and has the most complete records. Mr. Cochran asked how the building is descriied on the tax rolls. Mr. Lowry stated that it is listed as the south half of ]at 1 and the north half of lot 2. He said that this is in unusual description and perhaps the old )all nay have been on that site. Mr. Hansbury arrived at the meeting. Mr. Hayes seconded the amendment. Roll call vote on amendment: Mr. Barker - aye Mr. Cothran - aye i Mr. Hayes - aye kr Ms. LoQuey aye Mr. Lowry - aye Mr. Miller - aye d Ms. Shelton aye Motion carried unanimously (1-0), f 0 { Roll all voce on original ■otlon with amendment: sir. Barker - aye t Mr. Cochran - aye Mr. Hayes aye Ms. LaQuey - aye a Mr. Lowry - aye 1 Mr. Miller aye ? Ms. Shelton • eye . E Motion carried unanimously (7.0), i I Mr. Cochran asked which criteria can be used to determine I whether the structure at 118 North Locust is eligible for historic landmark designation. Ms. Evans stated that Mr. Duvall had indicated the follow- j ins criteria as being applicable: 1 1. Character, Interest, or value as part of the develop- ° rent, heritase, or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. A building or structure that because of its location his become of value to a neighborhood, community area, or the city. S. Value as ■n aspect of community sentiment or public pride. I Mr. Miller said that the following criteria should also { apply: 1. Embodiment of distinguishing rharacteristlcs of an 2. Relationshipltoyother distinctive buildings, sites, or areas which are eligible for preservation accord- M Ins to a plan based on architectural, historic, or cultural motif. I i I Ni nut es 3 February Sty 8. 1988 Page Mr. Lowry moved to Include the following criteria as basis for the COmmistiongs recommendation: i j 1. Character, Interest, or value as part of the develop- Dent, heritage, or cultural chsrscterlstIts of the city of Denton, State of Texas, or the United States. j 1. A building or structure that because of its location has become of value to a neighborhood, community area, or the city. i S. Value as an aspect of community sentiment or public F pride. a. Embodiment of distinguishing characteristics of an architectural type or specimen. S. Relationship to other distinctive buildings, sites, or areas which are eligible for preservation accord- ing to a plan based on architectural, historic, or cultural motif. Notion was seconded by hr. Miller and unanimously carried Mr. Mayes asked staff to write a letter to Mr. Duvall the ! tPlanning and Zoning recommend Co n isslon l until thefconditionso ai re met. E B. Appointment to the Main Street Committee, i Mr. Cochran stated that he received a letter from the Mayor asking that a member of the Commission be appointed to the Main Street Committee, ke reminded the Commission Prottramrprvote to ovided approve the the tthengeStreet neral fund only. Mr. Cochran sold that he will agree to sit on the Committee himself or will consider another interested t Commissioner. No. Evans stated that the purpose of the Main Street Com- mittee, will be to prepare the City for application to the Program. Mr. Miller asked If a member of the Beautification Task ! Force is on the Committee. } Mr. Cochran said yes and that Mr. Lowry will be repro- tenting the County Historical Commisslon. Mr. Hayes moved that Mr Cochran be the representative to the Main Street Committee. Seconded by Mr. Miller and motion unanimously carried (7•0), Mr. Lowry moved that Mr. Miller be representative to the Main Street Committee if Mr. Cothran is unavailable. Motion seconded by Mr. Hayes and unanimously carried (7.0). C. Discussion of Bed and Breakfast Ordinance. Ms. Evans stated that she talked with a representative of the Health Department concerning their requirements for Bed and Breakfast establishments. Their regulations require any serving food to Thistvouldbbe ccost yrohibitive for private homeowners wishing to serve break- sit to boarders. However, the Health Department suggested that. the zeal be treated as a contractual a reement be.ween private parties. Such in agreement would a lminate the need for health department permits, inspections, or on- forceeent, I ! f M I Y 1/ F -FT i x T I 1 i f f 9 I ~ f ' sJ I~ i l i 2487L 4,61. NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PRO- PERTY LOCATED AT 118-20 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $29000.00 FOR s VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic land- mark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF 1HE CITY OF DENTON HEREBY ORDAINS: r SECTION I. That the property located at 118-20 North Locust Street, a ng more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby designated as a historic landmark under Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION II. That said property herein described shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H", and the property herein described shall be subject to all of the terms, provisions and requirements of Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas, and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. 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 thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any „a such violations such person shall be punished within the limits above. n SECTION IV. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1988. MAYOR RAY P EN , t i '6M ATTEST: f. 3 ^y JENNIFER WALTERS, CITY "FCRETARY APPROVED AS TO LEGAL FOR.`' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~ t y ~f.tu t 1 a t 1„ x ,Z i d H-37/PAGE TWO s r j r r' V { c 1 EXHIBIT A All those certain lots, tracts, or parcels of land situated in the City of Denton, Denton County, Texas, part of the William Neill 100 112 acre survey and being the south one-half of Lot No. One (1) and the north 29 feet of Lot No. Two (2), in Block Seven (7) of the Original plat to the City of Denton, Denton County, Texas; BEGINNING in the center of the west line of said Lot No. One (1) in the east line of the Public Square and North Locust Street, 25 feet south of the south line of Oak Street; THENCE east parallel with the south line of Oak Street 120 feet f to the middle of the east line of said Lot No. One (1); THENCE south along the east line of said Lot No. One (1) at 25 feet the southeast corner of said Lot No. One (1) and theanorthi- east corner of said Lot No. Two (1), in all 54 feet for corner; THENCE west paralleling the north line of Lot No. Three (3) in Block Seven (7), 120 feet for corner on the west line of said Lot { No. Two (2) and being on the east line of slid Public Square and North Locust Street; THENCE north along the west line of said Lot No. Two (2) f at 29 feet the northwest corner of said Lot No. Two (2) and southwest corner of said Lot No. One (1), in all 54 feet to the place of begin- ning; and being the same property conveyed to W.C. Kimbrough under Warranty Deed from W.M. Carlton, et at, dated September 5, 19369 { recorded in Volume 259, Page 512, Deed Records of Denton County Texas. 1 i ' q l I H-37 I i 1 r k a T T 1 ~ .i 1 v a, n I , { I f i i i I I' d -01 1 1 I ! 3 a' I V. CPO DATE: 09/20/33 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUDJECT: V-46. Variance of sewer line extension for Offenbacker Addition, Lot 39 Block 1. E RECOMMENDATION: The Planning and Zoning Commission recommended approval of the variance 1 at its neeting of August 31, 1933 by a vote of 6-0. SUMMARY: The Offenbacker Addition, Lot 3, Block 1, is a portion of a proposed plat of 0.927 acres located at Carroll Boulevard and Highland Street. The property is further described as a tract in the William Loving Survey, Abstract No. 759. According to Article 4.09 of Appendix A of the Code of Ordinances, Subdivision and Land Development Regulations, sewer lines shall be required to extend across the full width of the development The variance procedure in the Subdivision and Land Development Regu- lations states that the following criteria must be met to grant a variance: 1. Granting of the request would not violate any master plans. 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner s or any prior owner Is action or omission. The Planning and Zoning Commission concluded that all three criteria have been met because the extension would not be used to serve any neighboring property as service is already available, it is not in- eluded in any master plan, and the owner has not created the situation. f The City Council should make findings based on the above criteria in i order to reach their decision for approval or denial. If the Council wishes to approve the variance, reciting the same findings reached by the Planning and Zoning Commission (attached) would be appropriate. i I I CC Format Sheet V-46 September 20, 1986 Page 2 i BACKGROUND: Lots 2 and 3, Block 1, of the Offenbacker Addition, are in the process of being platted. The Subdivision and Land Development Regulations r lot. equire the extension of sewer lines across the full frontage of each opment the area. across Lot 3 devel- recommends approval of the variance request, PROGRAMS, DEPARVENTS OR GROUPS AFFECTED: None r r F15CAL IMPACT: i None is anticipated. Re ctfulLys tted• ( V. Harrel ; Prepared by: L ty Manager I ~ 69A4m vans inist rator Ap Y a I ~v # r n o Executfve Direc or for 1 Planning and Development g I REcOPUILNDATION TO CITY COUNCIL V-46 The Planning and Zoning Commission held a public hearing on August 31, 1988 to consider the petition of Dale Irwin requesting a variance of Article 4.09 of Appendix A of the Code of Ordinances of the City of Denton, Texas. After consideration and discussion of the following criteria, the Commission recommended YOL'AI by a vote of " at its meeting or, August 31, 1988. The Commission based its recommendation on the following responses to the criteria: 1. Granting of the request would not violate any master plans. This extension reatLLLPmnnt does not appear on any blaster Plans. 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the prop- erty, which are not generally common to other properties. All adjoinint. properties have sewer service, so there is no physical need to extend the sewer line. 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. ' 4 The situation is not a result of any action bX the o1t71PIr . or any previous own r. , I Ij Respectfully submitted: 6/ Euline Brock, Chairperson 1 1 J Y V 46 w Rt~ cD®a®ooo~0~~ D❑ ©aDDao rain f ~ DD N Amu 13 GAK W.IICKoRy ©n®KI000 A j CDC.~~®O°❑ooD ADD i eew tewM r aD MOUND o s ID EAGLE ❑D[~QD D DQ ~a ALEGFtE Y15T ~ aq 1 1133 1 wmmmns M Pi ~ 11 I $.3' • ~r0~ ~ ~ + i ~iw 1.~ V 46 4011TH 163.!' ! ice. w w 1. 14 2494' 73.52' f~ 1 i ~ ~ 1t i w J I Lam. M' ~ ' r , rfJ 2 ' 1 CIF e u rm owtAilal 1 ' HIGHLANO - METAOPLEX ENSINEEAING CONSULTANTS{'' , \ 041NEERING • PLANNING 5 SLPMING Ile ow ism @am 6M+M. Tom "m f IN"-l m 1416 Km 4104" NP.IMINAIIY PLAT - /011 11[9101 OLV OFFENBACKEA AODITION LOTS 2 AND 31 BLOCK 1 K114 0.527 AURA IN THE WILLIAM LOVING PAM, AUTMCT NlwfJl 70~ I CITY w OWN ow"Mo CU SCALE DATE JOB NO. O*CKWo ...-IL- L1' ■ 40' j 25 AUG 86 880136 . ti PSZ Minutes August 31, 1988 T D rage 4 ' , V-46, Consider making a recommendation on the petition of-Tale Irwin requesting ■ variance of Article 4.09 of the City of Denton Subdivision and Land Development Regulations at Carroll Boulevard and Highland Street. This property is further described as 0.927 acres In the William Loving Survey, Abstract No. 759. Article 6,09 requires the extension of a sewer line across the full width of the development lot in accordance with the riaster Sewer Plan for the City of Denton. Five notices were mailed to abutting property owners; none were received in favor or in opposition. i STAFF REPORT, Nis. Evans stated that the petitioner is requesting a variance of a sewer line extension for the Offenbacker Addition, She said the Offenbacker Addition is a portion of a proposed plat located at Carroll Boulevard and Highland Street. She said that according to Article 4.09 of Apendix A of the Code of Ordinances, Subdivision and Land Development ' Regulations, sewer ]Ines shall be requited to extend across the full width of the development " She con- tinued that the variance procedure in the Subdivision and Land Development Regulations states that the following criteria must be net to grant a variance, 1. Granting of the request would not violate any master I plans, 2. The special ar peculiar conditions upon which the request Is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. I, 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. She said that steff concluded that all three criteria had been met because the extension would not be used to ,erve ny neighboring property as service is already avetlable, a it is not included any master plan, and the o.ner has not created the situation. Ms. Brock asked why the variance would meet item number 2. Ms. Evans said that the adjacent property is uphill and could not be served by sewer. None of the neighboring properties would be affected by it. I PETITIONER: Dole Irwin, 419 S. Carroll Boulevard, said ; TFsT he had nothing to add to Ms. Evans' comments though { he was available to answer questions, IN FAVOR: None Present. 1 OPPOSED: None Present, a RECOMMENDATION: Ms. Evans stated that the Development Review commit tee recommended approval of V-46, REBUTTAL: None Offered. Chair declared public hearing closed. DECISION: Mr. Holt moved to recommend approval of V-46, Seconded by Mr, Glasscock and unanimously carried (6.0), I k k. I, i I ! CITY COUNCIL CITY Of DENTON, TEXAS II V-a6 I The City Council held a public hearing on September 20, 1988 to consider the I petition of Dale Irwin requesting a variance of Article 4.09 of Appendix A of `1111 the Code of Ordinances of the City of Denton, Texas. After consideration and discussion of the following criteria, the Council the variance by a vote of at its meet- t a ing on September 20, 1988. The Council based its decision on the following i responses to the criteria: i 1. Granting of the request would not violate any master plans. F e' ~ 2. The special or peculiar conditions upon which the request is based relate f to the topography, shape, or other unique physical features of the prop- ' erty, which are not generally common to other properties. I I _ - r e 3. The special or peculiar conditions upon which the request is based did not ' result from or were not created by the owner's or any prior owner's action t ~ or omission. E - ~ any 5fephens, ayor I f i I '41; if; IF +1 JHI t r t' T F 1 F t i 1 • II I I i ~ 1 1 1 1 'f S MINE 1 I 114-04114 1411 l r t ti t GALE: US/~U/be C17Y COUNCIL kLPORT FOW1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager k SUBJECT: Consider adoption of the Denton Development Plan and the tirorking II intensity map ` RECOMf iENDA7ION: The Planning and Zoning Commission considered the Denton Development Plan at its meeting of June 1, 1988 and recommended adoption by a vote of 6-0. The Planning and Zoning Commission considered the working intensity map at its meeting of September 14, 1968 and recommended adoption by a vote of 6-0. SUFiFIARY: ` The Denton Development Plan covers an area of 144 square miles and it is based on a population projection of 141,000 to the year 2010. The Plan is policy oriented. The policies have been designed to guide land use planning and physical development in the Greater Denton Planning Area over the long term. BACKGROUND: i Appendix A to the Plan is currently being prepared by a special task force. This appendix will identify tle boundaries of the intensity areas and establish a standard methodology for intensity calculations. The working intensity map will be used to process zoning cases in the interim until Appendix A is finalized. t PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i The Denton Development Plan will invariably affect all programs and departments w1 with land use and related functions. i FISCAL IMPACT: I N/A 4Respec ly sumit e arre ,ger ` Prepared by: n arry rsau Urban Planner App ved: i Executive Director for Planning and Development yW~:! F I 4 E DENTON DEVELOPMENT PLAN LIST OF CHANCES RESULTING FROM THE NEIGHBORHOOD MEETINGS I r 1. Chapter 3: Goals and objectives N3. Clarify housing goal. 2. The Long Range Plan: Clarify sections 3(a) and B. Major ' activity centers and special purpose activity center. 3. clarify the size of moderate activity centers. Page 22. 4. Clarify the size of commercial land uses in moderate r, centers. Page 25. E S. Change primary major and secondary major to i secondary arterials. Primacy and ti 6. Clarify the definition of low, medium and high density ' housing. 7. Clarify the classification of Loop 288. Page 51. 8. Further clarify the economic development policies. Page 6/. 9. Further clarify the balanced growth policy. Page 76. } 10. Add flexibility to the compact growth policy. Page 78. I Y . Y R 5 y I Y1. I 2317s r t r F I Major New Policy Areas 1. Scope • the DLY covers a larger area defined as the Greater Gentnn III Planning area which is approximately 144 square miles - New moderate activity centers have been designated along the proposed Loop 1bb 2. Intensity - Moderate activity centers now have a maximum intensity alloca- tion of 3SO t/d/ac compared to LSO t/d/ac in the current guide Bonus system for intensity to encourage the development of a community type facility in a moderate center • 1/3 rule limits the amount of commercial/retail in s moderate activity center • Low intensity areas now have a maximum intensity allocation of 60 t/d/ac compared to 75 in the current guide Neighborhood service center to vary in size from 2.5 acres de- i pending on access to a specific category of thoroughfare. the current guide has a fixed size of 4 acres. } Multifamily concentration to vary from 3UU units to 100 units j depending on access to a specific category thoroughfare. The current guide has a fixed size of tUU units An low intensity } areas. 3. housing - Special attention for neighborhoods which have bentitted from CDbG and similar type of expenditures i 4. 'rransportation - Long range thoroughare plan - Loop 288 given freeway status with controlled access • Yriority for major thoroughfares In the vicinity of the hunicipal Airport Area - Designation of major arterials to seat development needs by year 2010 • hxisting county roads not shown on the thoroughfare plan are to serve as collector streets i T j f ~ N Major new policy areas Page 2 • "rovides for an interconnected to it system for walking, biking and jogging S, Economic Development j - incentives for attracting new industries to Denton and 1 encourage expansion of existing industries - Recommends the waiving of intensity policies to accomodate a i basic industry 0. Parks b Recreation I Policies to streamline the parks system. The plan clearly sets out the size and functions of different category of parks. t Emphasis on green belt/linear parks and the need for an inter- connected trail system for walking; biking and Jogging - Policy for parkland acquisition 7, Urban Design - Emphasis on a high standard of urban design, tree preservation, and development of entranceways, 8. Balanced Growth A major new policy direction to achieve an equitable distribu- tion of development in all areas of the city 9. Compact Growth 'k• f - Recommends the use of public funds to ancourage development within a half mile licit from the existing and proposed Loop 288 10. Implementation j 2010 C1P schedule to guide the Implementation of the DDP - Sets up a committee to draw lntensity boundaries Grandfather clause for update of major policies and codes a f ~ i DRAFT FOR REVIEW 11 f Q DENTON a 4 DEVELOPMENT PLAN POLICIES FOR GROWTH ' SUMMARY PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Augast 1, 198; I N i 1 . 1 TABLE OF CONTENTS 1. The Long Range Plan.. 1 It. Intensity Area Policies 2 111. Housing 4 ; I~ IV. Transportation 5 V. Parke 6 Recreation 6 VI. Economic Development 7 VII. Urban Design 8 VIII. Balanced Growth 8 1X. Compact Growth 9 B X. Specific Area Policies...... ........................10 Xi. Implementation Policies and Guidelines ..............13 ,r y 2846g h ' 'I { r i N i r 4 1. THE LONG RANGE PLAN I A. Scope - The scope of the plan covers an area defined III as the 2010 utility service area which includes the cities of Corinth, Hickory Creek and part of the City of Argyle. One of the major goals of the plan # is to promote physical development in the entice i study area but to encourage the priority use of public funds to support infrastructure development within the half mile limit from the existing and proposed Loop 288. B. Major Featt res 1. Population: The long range plan is based on a I I ± desired population and land use growth to the year 2010. The plan will accommodate a population of 141,500 over that period. 2. Land Use Growth: The plan provides the framework and scope for land use development to meet demands foc employment, housing, commercial, social and public services and facilities. It is projected that the total area { of developed lands will be expanded by 11,549 I acres to meet additional demands by the year 2010. One of the major goals of the long range plan is to achieve a city wide balanced distribution of developed lands in all five planning areas of the city. C. Urban Form and Structure - The long range plan II establishes a network of activity centers. 1. Major Activity Centers; These are the largest 4 Nodes intended to serve as the hub for economic I activity and employment. Major activity centers located at the Golden Triangle Mall and in the northwest (1-35/Hwy 77/Loop 288) will serve as urban centers providing a wide range of services including retail, offices, personal and professional services. The downtown center will central urban center with also serve as the emphasis given to redevelopment and revitalization through innovative programs to retain and expand the tax base. The major ` activity center in the area of the municipal Airport will serve as a special purpose center to emphasize the establishment of an industrial economic base. 2846g l ` I i k+ V 2. Moderata Activity Centers: At the next level. t he plan proposes a number of moderate activity centers abutting located major at the aand thoroughfares.These of re intended to serve as mini-town centers with emphasis given to diversity of land uses. 3. Low Intensity Area: The low intensity areas ace t intended to be used primarily for single family i residential developments. However, small scattered concentrations of non-residential uses I and apartments are encouraged. D. Thcrouchfare Networl - The land use structure established by the concept plan is to be served by an updated long range thoroughfare plan. The thoroughfare system has been designed so as to ` provide greater thoroughfare capacities to the major I and moderate activity centers. E E. 2010 General Development Procram - The ' land use developments and scheduling of sing of infrastructures and community services puband I facilities over the plan period in accordance with ( the goals, objectives and policies of this plan will be incorporated into a 2010 general development program. This implementation schedule for public { infrastructures will serve as the basis for defining iI planned needs. II. INTENSITY AREA POLICIES I The Intensity Area Policies provide a city wide framework for promoting and regulating land use developments. The plan identifies three specific types of intensity areas based on levels of land us9 activities, and sets out the size and maximum intensity allocation for these areas, A. a r Activity Center - Major activity centers are intended to provide a wide range of urban services and serve as ma or employment centers. I following locations have been designated and shoThe wn on the concept plan. j 1. I-35/Hwy 77/North Loop 288 (North urban center) 2. Golden Triangle Mall (South urban center) 3. Downtown area (Central urban center) 4. Municipal Airport area (Special purpose urban center) r I i f 28468 2 - t C. t i 9N 1 CEPT MAP f f NORTH / LEGEND: 1!{f ~ I T Urban Centers Activity Centose Mayor t - ` 1 m~avvvvy Moderate Activity Center Low Intensity Airtime 1 It fit, 4 ~ I Y NII 1yY ~ ~ ~ y-v } 1 ,F ~ LM i s~sarwa~~yyO~~CUa # a eY~r10000 % r. ~ o00 PlannlnpandDevelopment Department City of Denton r" l 4 F' 3 y ti B. Moderate Activity Centers - Moderate activity centers are located at the intersection of major 4 arterials and at strategic locations spaced approximately one mile apart. The intensity r standard for moderate 4ctivity centers is 350 vehicle trips per day per gross acre. 1. Bonus - In order to promote land use diversity in moderate activity centers the plan provides that Intensity bonuses may be given when a communi,;y type facility is included in a center. The bonus may be used to increase intenslty or to increase the size of the center. 2. High Dansity Housing - The policies of the plan encouLages high density housing in moderate activity centers and set out conditions for their location, concentration and design. 3. Strip Commercial - The policlos discourage strip commercial developments along major arterials and provide for the protection of low density housing. C. Low Intensity Areas - The low intensity areas represent the primacy housing areas. A low intensity area has an intensity standard 60 vehicle trips per day per gross acre and it is approximately 640 acres in size The policies encourage land U83 diversity including small scattered sites of apartments and non-residential uses, however neighborhood protection is emphasized. 1. Neighborhood service center - Neighborhood service Centers are small nodes of non-residential uses which offer mainly convenience goods and services at the neighborhood level. Those may very in size from 2-5 acres depending on their location and access to a specific, category of thoroughfare. 2. Multi-family Housing - Multi-family Housing is defined as apartments with a density of 13 units and more per acre. Multi-family concentrations shall vary from 100-200 units depending on the location and access to a specific category of thoroughfare and must be located at least a half mile apart. D. Intensity Allocation and Calculation _ As a general policy, a specific development proposal is allocated a proportionate share of intensity. The proportionate share is based on a ratio of the acreage of the proposed development to the total acreage of the intensity area. In some cases however, a proposed development may be allocated I~ 28461 - 3 - I I I I i~ additional intensity which is greater than the proportionate share based on specific planning considerations set out in the plan. III. HOUSING The policies of this plan em-'asize housing diversity { and neighborhood protection. A. Diversity - Housing diversity is closely related to housing type, size and cost geared to meet the differing economic and individual lifeetyles of l . Denton's citizens. specific policy recommendations k` i are: 1. Good site design transition between housing types using density gradation, architectural design and landscaping. 2. Transportation design to minimize the flow of traffic through low density residential areas. 3. Provide greater flexibility in the sitting of a } residential building given only the requirements for maximum building coverage, front yard 4 setback and fire separation. f 4. Provide for vacying lot widths and lot depths given only the requirements for a minimum lot size. S. jjigh Density Housing - The plan promotes the dispersal of apartment developments throughout the City but limits the size of concentrations in one location. 1. In the moderate activity centers the size is limited to 750 un!tu in one location with a half mile separation. i 2. In the low intensity areas the size may very between 100-200 units depending on access to a specific category of thoroughfare with a half I` mile separation. 3. Apartment developments are encouraged to 4 preserve and enhance neighborhood quality and to III provide adequate open space and facilities to meet recreational need of residents. i C. NpLgjbochoo. PreservationPreservio Neighborhood preservation is the backbone of a stable community. Established neighborhoods in the City are ' recommended for special protection. These include neighborhoods which havit benefited from Community Development Block Grant and other public funding. 1 Specific recommendations ace: f 2846g - 4 - 14 E a" 1- :Modify codes to encourage remodeling and redevelopment of neighborhoods through tax and utility incentives. 2. High priority is to be given to code enforcement. 3. Neighborhood input is to be encouraged in the planning and zoning processes. 4. Apartment developments in established neighborhoods should comply with specific site design standards eg, no parking in front yards, side and rear yard solid screening, landscaped front yards and setbacks equivalent in size and character to existing single family housing. IV. TRANSPORTATION The long range thoroughfare plan is based on the rationale that larger thoroughfares stimulate increased business activities which in turn generates more traffic. The major objective of the plan therefore is E to provide larger thoroughfare capacities (freeways and major arterials) to serve the urban centers and moderate activity centers while collectors and residential type streets serve the predominately low density residential areas. A. Thoroughfare Classification 1. Freevay: The freeway classification include the intestate I-35E, 1-35W and the Loop 288 2. Majoe arterials (Primaty): These ace usually four (4) to six (6) lanes divided thoroughfares which triverse the City and have a minimum right-of. fay of 120 feet. 3. Major arterials (secondary): secondary major J arterials are usually four (4) lanes and may be i1 divided or undivided with eo feet minimum right-of-way. 4. Collector Streets: Collector streets not shown on the thoroughfare plan. The design and location of a collector street may be decided at the time of development. Collectors have 60 feet minimum right-of-way and at least one may be required between major arterials to collect neighborhood traffic. B. Thoroughfare Plan 1. Existing County Roads - All existing county i roads not designated on the thoroughfare plan will serve as collectors. These may be redesigned at the time of development to have 80 feet minimum right-of-way but will not be incrementally extended to serve a major arterial. 28469 I~ I i 1 i i~ v 9 y~L 10 LONG RANGE NORTH THOROUGHFARE PLAN LEGEND: -r ~ ---•f Boundary of Study Area Freeways f _ , . , y i +I Primary Arterials + - _ - Secondary Arterials L}~ a,~l I J ...Y' r I _ NOTOC fto (b) 1-4 *APO" 1 ' i BOWL I C wales Y I I ~ - 1 . nn ( w~ ~ r 7 M IIFI ~ _1 OtKfMYC t~CK~ _ i ~ 4~ ANN ~_r _1~~~ r W •~rrrr i•. 1,o4 1 /r n. err E - I ~ 1 i•hnnln an0 OaNopmenl WPMmonl City of80nton D r II ' 1 I~ + Z 2. North Carroll Boulevard Extension - It is the policy recommendation of this plan that Carroll Boulevard should be maintained and improved as a major north/south thoroughfare across the city subject to a detailed traffic/management study. 3. Bell Avenue - The increased flow of traffic through Bell Avenue is not in the best interest of the University community. It is recommended that a traffic management study be conducted to identify a suitable alternative route. 4. Mass Transit - The plan recommends that a high priority be given to prepare a layout for a city I wide mass transit system and to conceptualize plans for a regional system to connect major activity centers in the DFW metroplex over the long term. 5. Pedestrian and Bicycle - The plan recommends that high priority be given to the preparation of an integrated master plan for walking, biking and jogging. The master plan shall identify pedestrian access and a system of sidewalks connecting public facilities including commercial sites and parks. E, 6. Updating - The thoroughfare plan has been 4 designed to serve the major and moderate activity centers and the lov intensity areas shown on the concept plan. Any significant variations of the concept plan or the planned intensity standards will necessitate updating the thoroughfare plan. C. 1. Loop $ 288 - The ?olicy of the plan is to have controlled access to Loop 288. New developments will not be allowed direct access to the Loop and existing direct accesses will be reviewed for removal or realignment. 2. Major arterials - The number of driveway accesses to major arterials is to be strictly limited. Driveway access may be generally allowed where no other reasonable means of access exist or under extreme circumstances as 4 set out in the plan. i 1 V. PARKS AND RECREATION i The plan recognizes the need to provide adequate parks and open spaces for the citizens of Denton to pursue their loisure activities and to enhance the general ` q'jality of life. 1 ~ 1 2846g 6 i I , ~ f i N , A. a hb h d Par a0 ODea spacU - Neighborhood parks should be in a central location within the neighborhood it is intended to s.arve and may vary in size from 5 to 10 acres. Emphasis is to be given to pedestrian access through an interconnected system of sidewalks for the entire neighborhood. Recreatior and leisure activities are to be provided c to meet the needs Of the neighborhood and league typo activities are to be discouraged. 8. 9-0-IM nity Parks - Community parks of 30 acres and ` over should be centrally located to serve several neighborhoods of one to two miles radius. These are to have direct access to a collector street or I larger thoroughfare and designed to accommodate biking and jogging trails, recreation centers, swimming pool, athletic complex and game fields for tennis, football, soccer and baseball. C. Greenbelt/ inear Pa Le - The Plan recommends the maximum utilization of floodplain areas for parks and open spaces. Greenbelt/linear parks are to form a continuous belt of open spaces and park land with adequate landscaping and facilities for organized games, picnics, ball fields and trails for biking, hiking and jogging. Areas along Pecan Creek, Hickory Creek, Milani Creek, Clear Creek and their branches have been identified as possible locations. D. S parks chool/PaLk Site - Neighborhood parks and greenbelt of possible schoolasiteothusienabling d the whenever facilities. E. Acauisi~lon f_L,y~ _ Developers may De required to participate in the provision of park land to meet needs in accordance with the City of Denton Parks and Recreation master plan. In some cases this participation may require the payment of lase in lieu of land. VI. ECONOMIC DEVELOPMENT i { The overall policy of the Denton Development Plan is to strengthen and diversify the urban economic base to create a wide range of employment opportunities and expand the tax base of the city. The policy is designed to attract basic Indus rise to locate in Denton and to encourage existing basic industries to expand locally. 284bg 7 - i 4 t A. Deyglooment incentives 1. Development incentives may vary by the size and type of establishment and its initial and potential capacity as a generator of employment and other economic benefits. 2. Incentives may include but not limited to: 9 a. Assistance with the extension of utility services and streets. ii b. Waiver of intensity policies. B. GuidelirlIq for Considering Incentives - The Planning and Zoning Commission may make recommendations to the city Council frith respect to additional ! incentives and specific industries which may I qualify. The consideration of incentives shall include but not limited to the following guidelines. 1 1. All businesses listed in the Standard Industrial Classification (SIC) except for groups 52-59 under retail trade. 2. Basic industries must show that at least 51% of their goods and services are directed to serve people outside the city of Denton. 3. Corporate office headquarters of a retailer, manufacturer, or distributor including a regional distribution center may be considered. 4. When a business cc industry meets all of the above criteria then the City may require that a study be conducted to determine whether incentives may be granted. VII. URBAN DESIGN The plan recognizes the need to encourage and promote a high standard of urban design to improve and enhance the general image and character of the built environment. The general policies are intended to provide the framework and scope for preparing detail plans ind specific ordinances • for implementation. Tree preservation, landscaping and special treatment to entrance ways are emphasized. VIII. BALANCED GROWTH A. Policy Objective - one of the major policies of the plan recommends that "when public funds or efforts are expended that they are to be directed towards supporting planned growth. Planned growth is defined as growth that responds to the development policies and land use pattern as set out in the I Denton Development Plan." Tth9 intent of the f balanced growth policy is to promote an equitable r distribution of development throughout the City. I 294bg 8 i i { B. Guidelines for Implementation - The four major determinates of where growth locates are: 1. Utility facility i 2. Roads 3. Public community facility 4. Social/political considerations It is the recommendation of the plan, therefore, that all the determinates are to be considered in the implementation of the balanced growth policy. It is recognized also that in order to promote planned growth, it may be necessary in sor%.e ca:.es to divert public, funding for utilities, roads and other ! public infrastructures to lead development in slow growth areas such as the northwest. Balanced growth represents a new policy direction for city wide land use development in the future. 1 The plan offers selected examples and guidelines in order to simplify the implementation process. It emphasizes the need however, to work out other creative implementation techniques to achieve the intent of the policy basod on what is practical under specific circumstances. ! IX. COMPACT GROWTH ! s The overall policy of the plan is to encourage physical development within a half mile limit from the existing and proposed Loop 288 as shown on the thoroughfare plan. The half mile limit is defined by a line which is located generally half a mile outside Loop 288. The plan recommends specific policies designed to offer ! incentives for development within the half mile limit. A. Roads 1. Within the half mile limit, the developer may not be required to pay for off-site roads. 2. •Outside the half mile limit the developer will be required to pay the actual cost for providing or improving off-site roads. B. Utilities k 1. The City will provide basic trunk lines to serve all areas of the City. r 2. The developer shall pay the actual cost of I extending water and sewer lines from existing trunk lines. 3. For areas within the half mile limit the City will participate in oversize costs depending on the availability of funds. 28468 9 f 4' 4 I r 4. For areas outside the half mile limit, the i developer pays all costs initially but is reimbursed for both the oversize costs and pro r rata on off-site lines when developments tie-on, X. SPECIFIC AREA POLICIES Specific area policies are intended to provide a framework to promote development in a designated area which requires special treatment in view of its current problems or its unique location and character. Specific areas may be designated by the City Council on the recommendation of the Planning and Zoning commission at any time over the plan period. The plan lists specific guidelines for consideration in designating a specific, area A. The Municipal Airport Area - The Federal Aviation Administration classifies the Denton Municipal Airport as a Transport Airport (larger than the s Utility category). The airport is strategically I located at the apex of the interstate 35E and the 35W corridors. Activity forecasts show that the total aircraft operations are anticipated to increase from 96,300 in 1985 to 318,198 by the year 20051. 1. Special Purpose Center - The Plan identifies the Municipal Airport area as a special purpose urban center. The urban centers in the Denton Development Plan are intended to serve as nodes for major commercial activities, with no limit given to land use intensity standards. As a special purpose urban center the Municipal Airport area is intended primarily to emphasize the establishment of an industrial economic base. Mixed use commercial and high density housing are encouraged in suitable areas in conformity with the land use compatibility guidelines set out in the Airport Master Plan 1986. 2, Land Use Development Around The Runway - The Plan recommends that industrial/commercial type land uses may be located to have frontages on the primary major arterials and rear access to the runway through separate taxiways. The details relating, but not limited to site planning, outdoor lighting, building height, ate., shall be in conformity with the Denton "i Municipal Airport Zoning Regulations. lsee Airport Master Plan and Environmental Assessment, May 1986. Charles, Willis and Associates. i i 28468 10 - 1 I r I ► 3. Compatible Land Use Davelopment - Single family V residential developments shall not be allowed in the immediate vicinity of the runway, defined as Jim Christal on the north, Masch Branch Road extension on the east. FM 2449 on the south, and Tom Cole Road on the west. Mixed land uses including, but not limited to multifamily, retail, offices, business and professional services, restaurants, hotels, etc may be developed outside the 65 Ldn (day-night sound level) contour providing that they are in conformity with the Denton Municipal Airport zoning Regulations. B. The Downtown Area - The Downtown area has been identified as the central urban center and one of four major activity centers. The area is delineated and shown on the City of Denton zoning district map as the Central Business District (CB). The Downtown center could lose its vibrance and relative attractiveness as new commercial/retail centers develop in other locations. The policy of this plan ~r. therefore is to promote redevelopment and w revitalization of the Downtown center to retain and i expand the tax base. As part of rhis policy, the City should continue to support public expenditures in an effort to upgrade and preserve the Downtown center. It is recommended that a detailed study be done to explore further planning efforts and possible development incentives to encourage and promote the growth of a vibrant mixed use center downtown. C. or Entrance wave - The major entrance ways are s I those freeways and primary major arterials I + predominantly used by incoming traffic to the City of Denton; Interstate 35E, 35W and Fort Worth Drive (U.S. Highway 377), University Drive (U.S. Highway 380)1 Highway 77, North Locust (FM 2164), Sherman Drive (FM 428), and FM 2181. Developments along major entrance ways present the ' first impressions of the City to the public eye. The policy of this plan, therefore, is to encourage and aestheticote good urban design to enhance the quality and visual amenities along entrance ways. P :l e 28468 ` - 11 - D. Teasley Lane/FM 2181/Lillian Miller/Hobson Lane/1-35E - Given the prominence of the South East y Planning Area and the thoroughfare network in that sector, there are likely to be pressures to locate high to moderate intensity land uses along Teasley Lane, FM 2181, Lillian Miller Parkway, Hobson Lane, I-35E, and between Loop 288 and Lillian Miller, These pressures are likely to increase as FM 2181 is developed as a primary major arterial and extended further south tc ultimately connect with the DFW Airport (See county Transportation Plan). The policy of this Plan, therefore, is to restrict the further intrusion of high and moderate intensity land uses in this area. However, limited neighborhood services and high density housing, consistent with the standards for a low intensity area, are not prohibited. The plan sets out specific guidelines for future land use developments in this area. E. Carroll Boulevard - Carroll Boulevard is a primary major arterial providing for the north/south movement of traffic through the Downtown area. The policy of this Plan therefore is to restrict further strip commercial/retail developments along Carroll Boulevard. F. Land Use Borderina University of North Texas - Over the years there have been increased pressures from commercial and multi-family developments to locate in areas around the University of North Texas State resulting in higher intensity type land uses in traditional single family neighborhoods. The policies of the plan, therefore, is to ensure that land use changes take place in harmony with and offer adequate protection to exi~ittng neighborhoods. G. East Denton - This close-in older neighborhood offers many advantages for residential development, I as evidenced by the recent and continuing, concentrated public expenditures in the area from ` Capital Improvements Program and Community Development Block Grant funds, The policy of the plan, therefore, is to protect older residential neighborhoods and monitor future industrial E development in this area, t H. Development Near the Pecan Creek Wastewater k Treatment Plant - Additional residential development will not be zoned within 2,500 feet of the 1 , I 2846g - 12 - 1 I I Wastewater Treatment Plant. Residential development will be generally restricted between 2,500 feet and 4,000 feet from the plant. The area within 2,500 j feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably industries that could utilize the effluent from the plant as cooling water or other processes requiring lower quality water. i. forth LocustlElm Street - The area between north Locust and Elm Streets from Congress Street north to University Drive contains traditional single family housing worthy of preservation. The policy of this f plan, therefore, is to promote the preservation of the architectural character of this neighborhood. i J. Oak-Hick0rv Historic District - The overall policy of this plan is to support the preservation of the distinctive architectural and cultural heritage existing in this area, The architectural standards } and policies regarding existing and proposed y I developments in the Historic Preservation Plan of the City are to be strongly enforced. X1. IMPLEMENTATION POLICIES AND GUIDELINES !;1 A. ens a - A city plan is only as good as its implementation processes. The Land Uses Planning committee emphasized that the Denton Development Plan` should be followed consistently, fairly and positively to promote long term quality growth. 8. Citizen Participation - The Plan recommends continuing citizen inputs into the land use decision { making processes e.g. platting and zoning, city boards and city wide study committees. C. tnSearated -qc-ipion Making - It is recommended that the City Council, Planning and Zoning Commission. 4 advisory boards, city staff and the citizens of 3 Denton should Incorporate the policies of the plan in all their decision making processes. e.g. CIP, budget, zoning and Land S ubd iv:sion, parks and utility planning. + will work towards ltthe is intended consistent, ateqall uitable erand coordinated application of the policies of the plan. ` D. Delinition e~ I __Intensity Areas _ The Land Use Planning Committee recommends that the intensity area boundaries be prepartd by a committee 2846g - 13 - 1 i rv r s comprising of members of the Planning and Zoning Commission, Land Use Planning Committee team captains and neighborhood representatives of the five planning areas. E. Updating Policies and Codes - Adequate consideration r^ shall be given to preserve a positive climate for investment and securing real property values 'I balanced with the public interest for the city as a whole. Major changes in policies and codes which ffects real property should be subject to a e ` grandfather clause allowing prop-arty owners a reasonable time to carry out development in keeping with current policies and codes. Also major policies and codes should be allowed to gain experience before any attempt is made to change them t substantially. F. 2010 General CIP Schedule - The Land Use Planning Committee recommends that the city prepare a 2010 general CIP schedule to guide the implementation of the Denton Development Plan. The schedule will i incorporate the phasing of land use developments and scheduling of public infrastructures and community facilities in accordance with the goals, objectives and policies of the Denton Development Plan. 0. Updating the Plan - The policies provide for frequent updates through continuing land use decisions and annual read option by the Planning and Zoninq Commission and the City Council. It is recommended that a major review and update be undertaken every five years depending on the increase in population and the extent of amendments. fi I~ ;Y 1 1 f ~ f 2846g x { _ 14 _ i k i i ri I r~ r P 0 L Kihutes September 14, lybb DRAFT Page c s L. rtonsider making a recommendation to city Council to aaupt tensity area bouhdary may, a coa.pouent of Appenoix A of the Denton Levelopment Plan. this working Intensity sap defines intensity study areas witnih which calculations will be made to determine a zoning application's comy1iance with Denton Development Flan, Virgil Strange, Vice-Chalrean of the Appendix A 'cask Force, hat several months ago the Planning and Zoning Il stated that, Commission and the City Council were presented with a new land use plan for Denton. Council appointed an 11 merber task force to delineate the boundaries of Intensity areas, to review and make recooimenastlon: regarding the stanoard methodology for calculating trip generation, to give immediate priority to areas in which a zoning case has been filed, and to develop a work program to complete the process within six months that would allow implementation of the Denton Development Plan. 1he lasx Force started with a concept map. Consideration was then given to Traffic Survey Zones CISZ7) as developed by the Council of Governments. These TSZs are useful because a data base of useful information has been established according to ` the T S Z boundaries, The T5Z boundaries follow physical lines such as streets and railroads. The staff recommended sing the TSZ boundaries as intensity area boundaries as wu ell, but some of the T5Z boundaries will have to be split to take into account current toning. The map which has been presented to the Commission is titled "Mocking Inten- sity Map" because it is intended to be iced until the final nap has been completed. It is not the tinil map. Ano of the key things the Task Force will be looking it is the moderate nodes. The Land Use Plinnln; Committee (LUPC) deppacted a map with current nodes and places that they p bolieve will be moderate nodes in the future. The LUPC Indicated that they would like for moderate nodes to be 3 approximately 60 acres in sire. The nodes shown on the ; workint Intensity map are approximately that site, but the will be varied a little bit on the final map to take into account current zoning so that there will be no loop holes of undevelopable land. Mr. Holt asked the purpose of having in interim intensity - map. Mr. Strange answered that If a zoning change is requested prior to completicn of the final Intensity area map, staff can use the working map to determine the intensity area and make calculations. The Task rorca w111 also give top priority to making final delineations and calculations for that area. Bill Claiborne, 820 SackeriseI stated that he is speaking in favor of adopting the map on behalf of the members of the TS2snwillAprovide For ditaTbase ofedemographictinfor- mation, population shifts, buildini trends, and other Information useful to the City. TBis is something that has not been available to the City in the past. No one spoke in opposition, I chair declared the public hearing closed. Mr. Engs1brecht stated that since a working map is needed, he moved to recommend adopting the "Working Intensity Map" as prepared by the Appendix A Task Force. Seconded by I Mr. Glasscock and unanimously carried (6.0). i r f Minutes Planning and Zoning Commission June 1, 1988 A special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on kednesday, June 1, 1988, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, Eullne Brock, Ivan Glasscock, Judd Holt, William i:amman, and Etha Klker { Absent: Ruby Cole Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elitabeth Evans, Plannii.g Administrator; Steve Fanning, Comprehensive Planner; Harry Persaud, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Jerry Clark, City Engineer; Chris Smith, Administrative Assistant; and Donna Baker, Secretary Chairman Bill Claiborne called the meeting to order. HOLD A~EPU~BLIC HEARING AND CONSIDER MAgIh'0 A RECOMMENDATION ON THE Mr. Claiborne moved to suspend the regular public hearing pprocedure. Seconded by Mr. Kammon ■nd unanimously carried Chairman Claiborne turned the Presentation over to Mitchell Turner with the Land Use Planning Committee (LUPC). f Mr. Turner Informed the Commission that five neighborhood meetings were held with art attendance of over 200 visitors. } Mr. Turner said there were not any major rhontAs to the draft 1 presented in January 1988, but that he would like *o cover the changes to the Draft Plan that were made following the neigh- borhood meetings. The changes were as follows: I . Chappter 3: Goals and Objectives 13. Clarify housing goal. d 2. The Long Range Plan: Clarify sections 3 (a) and B. Major activity centers and special purpose activity centor, 3. Clarify the site of moderate activity centers. Page 22. 1. Clarify the site of commercial land uses in moderate centers. Page 25. S. Change primary ma or end secondary major to primary and secondary arterials. 6. Clarify the definition of low, medium, and high density housing. 7. Clarify the classification of Loop 288, Page S1. ? 8. Further clarify the economic development policies. Page 61. 9. Further clarify the balanced growth policy, Page 76. 10. Add flexibility to the compact growth policy. Page 78. I k 1 ' P&Z bHnutes June 1, 1988 Page 2 Mr. Turner stated that with the Cuide, 50 square miles are covered, whereas the flan covers 144 square miles. The population for the area is predicted to be 130,000 by the year 2010. This total was estimated with a 4 percent growth each year, which Is the same as predicted for the city each year since 1980. he said the intensity policies should be given priority and the Plan encourages commercial and retail uses. j Sir. Turner added that at two meetings, there was concern for I changing intensity areas. The team captains told the visitors that the LUPC would not be making decisions on intensity I changes of Individual properties, that requests for Intensity changes would be considered by the Planning and Zoning Commis- sion and City Council. 1 He said that Loop 288 has the accessibility of a freeway, but offers the convenience of being able to access other streets from the Loop. This also benefits those who bicycle and fog In the area. Mr. Turner said that the policy of balanced growth is pro- Denton. Balanced growth will be complemented with compact grauth. The policy calls for city funding in compact growth areas. t He added that there were also questions at the meetings on taxes. Residents wanted to know if taxes would be raised to cover the cost of the roads. Mr. Turner said that the city has somj resemblance to a factory. Money will come in if growth is in the compact growth areas. Mr. Turner concluded that residents of the city have had questions and problems with the way the city does not follow its own rules. Ms. liker asked if, when discussing Loop 288, he meant to entourage walking on the Loop. Mr. Turner said it was not meant Eor the Loop, but for other areas in the city. Joyce Pool, North Bonnie Brae, asked If pro rams could be changed if new programs developed. Mr. Claiborne sold yes, changes would ao to Plannin and Zoning Commisslon and then to City Council. He said that the Planning and zoning Com- mission, along with the City Council, will be taking an annual review of the Plan and make any necessary changes. Clint Lynch Masch Branch Road, stated that according to the Plan, the city proposes to build an 80 foot road in yeorle's front yards. He suggested that a four ]one road be built between Highway 380 and Jim Christal Road This would take the road out of the front yards, Mr. Claiborne sold that the Plan adopts approved county thoroughfar.• maps. He encouraged Mr. Lynch to submit his ideas and go before the planning: and Zoning Commission next year when It would be addressed again. Mr. Lamont Brown, FM 2181, said that he was in favor of the neS hborhood meetings and of the Plan. He stated that one to lea he his with the Plan is the policy that growth should j Be encouraged in the north. He felt that it should not be eppli a ble. Ms. Brock stated that the committee feels that there are several traffic Froblem areas in the cit and would like to correct those problems by encouraging development in other areas. i r i i i II l62 Minutes June 1, 1986 i Page 3 f I Virgil Strangge, P.O. Box 117 Denton, said that he is a team captain for DUPC. He said that the recommendation of the Committee was not to stop development in the south, but to 1 also encourage development In all the other areas of the city I as well. Mr. Persaud stated that the five neighborhood meetings were held following authorization by city Council. Ninety percent of the questions at the meetings were general information and were answered Immediately. He said there were other questions that were related to specific problems that could not be eas- ily answered. With those questions, the person's name and phone number were taken and later called back with the answer. He said that the Committee and the staff plans to continue to work with the neighborhoods. Mr. Claiborne commented that he felt the city has a respons- lbility to the city residents. The city puts its goals in a Plan and the city should attempt to meet the goals. Chair declared public hearing closed. i Mr. Holt moved to recommend approval of the Draft Denton Development Plan. Seconded by Ms. liker. ` i Mr. Claiborne said that he f81t there could be some improve- cent to the language by possibly meeting with the team k captains and going over the language. Ms. Kiker said that she felt the sentences were specific enough. s Ms. Brock said that Navin worked on it herself, she does not feel that it is perfect, tit that it has besn lrft open to go back and make necessary changes in the future. Chair called for a vote on the motion. Motion carried unanleously (6.0). Meeting adjourned at 6:20 p.m q 1 i } i t 4 f t Y. i S J 1 J~ Y r s i } -Lim c 5 `LJ P a d { i y r.j ri l f 1 a a./ 1 Y 23b4L RESOLUTION NO. A RESOLUTION ADOPTING THE DENTON DEVELOPMENT PLAN (1988) AND AN APPENDIX A INTERIM INTENSITY BOUNDARY MAP; AND PROVIDING FOR AN s EFFECTIVE DATE. t WHEREAS, the City of Denton has and ex enjoy a pattern of growth and development in thetfuture, and ue to WHEREAS, in response to such growth and development, the community formed a Land Use Planning Committee, composed of persons representing a cross section of the community. to address questions of land use planning, development and contro:; and WHEREAS, as a result of such process, a document titled i Denton Development plan 1988 was created; and i + F WHEREAS, the Plan was presented at various neighborhood meetings and received Lhe widespread support of the community; and WHEREAS, the City Council of the City of Denton, Texas believes that such document should be adopted, used, and followed in the day-to-day decisions concerning growth and development of the City; and WHEREAS, on August 2, 1988, the City Council appointed a task force to prepare the intensity planning area boundaries for Appendix A of the Plan; and WHEREAS, the task force has completed an interim intensi boundary map to be used t for zoni y n g 8 until has prepared a final Appendix A intensity boundsty a mapfofor adoption to the Plan; and WHEREAS, the Planning and Zoning Commission has considered the Denton Development Plan 11800% and the Appendix A interim intenss'i;y pun ary map an hereby recommend.i its adoption by the City Council; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Denton Develo Y ent Plan 1988), a copy of w~" fs attached hereto, s ere a o pto as the compre- hensive land use and development plan for the City to b in e used future planning, development and land use decisions in the manner and for the purppuuses therein stated until such time it is repealed or hrreafver amended. i I t 1 SECTION II. That the attached intensity planning area boun ary map is hereby adopted as an Appendix A interim planning map for the Plan, to be used in land use decisions pending the completion by the task force of the final Appendix A map and materials specified by the Plan. SECTION III. That the Denton De-p.lo ment_ Guide, and all amen ments thereto, prevl.ously adopted-'i,y C ti YZ°ouncilI is I hereby superseded by the Denton Development Plan (1988), as the comprehensive land uae and- development pan for City, as herein adopted. SECTION IV. That this reeoiution shall become effective immediately ` upon its passage and approval. PASSED AND APPROVED this day of 1988. t y r RAYS MENSi Aye I ATTESTI t JENNIFER WALTEKS~ CITY SECRETARY j APPROVED A3 TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I_ ~ Q r~ni.l!1 BY 3 i + s j li a I IL I- ' n i (ti I 1 f 3 i i i i C la r i I V DATEt CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM3 Lloyd Harrell, City Manager SUBJECT: Software Maintenance Agreement RECOWNDATION: City of Denton renew our annual maintenance agreement with American Management Systems on Financial Software package known as "LGFS". Data Processing Advisory Board recommends approval. „ SUMMARY: City of Denton renew maintenance agreement at cost of $32,250. a Y ! BACKOROUNDI License agreement, invoice, and minutes from Data Processing Board meeting of August 9, 1988. • r y ~ PROGRAMS. DEPARTMENTS OR GROUPS AFPECTEDs Finance Department, and Data Processing I Department. figg; FtICAL 1WACTt $32,250 of budgeted funds, r 410 Res fully su twit Yµ~ a Ll d arrel I ry. # Prepared byt Ci y Manager f Ga y A C line, f Directr of Data Processing Approvedi i i u i i i 3f~ v V r American Management Systems, Inc JUN 20 1988 June 17, 1988 Mr. Gary Collins Project No: P2649 Data Processing City of Denton I 1 324-8 East McKinney Street Denton, Tx 76201 1 Dear Mr. Collins: Effective August 1, 1988 the LGFS maintenance support fc, the City of Denton expires. Under the License Agreement, the City of Denton is entitled to purchase maintenance support from AMS for additional periods. Some of the benefits LGFS clients derive from purchasing on-going support from AMS are: e Delivery of annual enhancements to LGFS along with complete i installation instructions, • Updates to LGFS documentation. • Continued active involvement in the Users Group (one of the main t sources for developing enhancements lists). r • Support with the development of new report requests using AMS provided report writers. • Hotline support of LGFS processing questions. We would like to continue to provide the City of Denton with enhanced versions of LGFS as they are released. Per your contract the maintenance fee for LGFS is 16% of the prevailing price list (attached). i Remittance of the attached invoice will provide the City of Denton with LGFS maintenance support for the 12-month period of August 1, 1988 through July 310 1989. If you have any questions, please call me at (703) 841-6731. ` Si cerely, f Lee Ross Manager, Pr uct Support 1777 Nonh I(mi Slr"I . Arlington, Vlrglnie 22209 6(703441-6000 - Telew 64638 s Answerback AMSIMC Regional Offices In: Chicago. Denver+ Nouslon. New York. San Francisco r i l "y P American Management Systems, Inc. June 17, 1938 Mr, Gary Collins Protect No: P2649 Oata Processing City of Denton 324-8 East McKinney Street Denton, Tx 76201 IM1'01CE LGFS Maintenance Fees for August 1, 1988 through July 311 1989. I ' L6f5 ~ Fixed Assets S 26,250,00 Performance Measurement 3,750'00 _212 50..N y TOTAI. INVOICE S 32.250.00 '51 ; the oss Manager, Pr r t Support 0, Please We remittance payable tot American Management Systems, Inc, t c/o lee Ross, 10th floor 1777 North Kent Street Arlington, VA 22209 4•, w, k~ I r i i 1797 North Kenl Street a Arlington, Virgin I122209 a (703) 941-GOOD . Telex 64636 . Answer back AM$INC Regional Offices In: Mop OeM., . 4ouslon a New York. San Francisco I I ' 1 Y A' i ! T Local Government Flnanclal System (LGFS) IBM Version - LOFS PLUS PMM SCHEOM 1. BOFTWAAE LJCENBE FEE1 PRICE LasPlue: CICSAUR OCS/ADAMS W0~ aCSADW ODA! DO M DO/DC 3111,000 EDW DB/DC Y~LS.000 Opootr: P"WArrb )Cat =us S pOp! 30,t001 Inm mkiryCe m ! Inv "tow 2M ORDbtrbridaa I DIM) PC 11nk 3l'!OD PC?AFWWopdwt 1000 SAM W~A IorCla+b w'td10U JoD CO~^E r' ~ Ordw he bMWllobCbrtl~ i mardow"A Dleooonar Opd" anotloW M dbcarmted Iw M& LCF3. Ttw Arw opdon b dlroomew In 0) puVwk die Nod!bpumtIxWr4View pApwwtand1MfourthwoKj$"T wtww,C" pw*OL wvr b L TEf04 OF U 01M AND RJWWAL The W4JW brat o(dr Lleaw sr AMUDy for I he equal 10 two ti0 i~tt of yeam the WAtW bmw b~ L-" Um the LLonua way mew dN Llenaa L YANTBtARMANDWAPAAWY i owv provides orc~tin~ued wori 1 year from the dw oraeLwry of tAe twRwrue. An optlonal uutual autnlwunoa ~ s ty, telephone ownLhatim Arid annual relea"s. The Arrant arytual mgnterw a few are MW (1l) pore t ofpnvalDns am" fa for LCK C =ALLATIONANDSUMORT MORMONS i AMS WDI provide up to kw A undrsd (4001 bows of suppw b be wed s s the clkm dairw for tndnin& oonwfdrtt►, 4utaDatbn on P~ Standard IruWladort Koeadwsk tWO W ro of aN M*Ar M WAN vuterlabamalso pwMedby AMSI&Awble trova(, NvS dour4jwketex°pNedrtfaaan10 p PPOd WD! be bMW to Lkvroae at AMS OoK Mtdins o ten (10) percent An for aaotla ted odm][6tradve was. Add itjorW tuned Me Y $7$ Pa1ra attA sttppon will be ptOVided Y deiced, at ahndaM AMS rata for Aonaul tins wrvltea. The 1. TER1AlOFIAYi1BaW6OF MIUCENBEFEE A. SSti of Nomw fee upon ewuWn of Wonso Apreentmt end d*11M of doo mentadm E. 1:. 9i of Nterw fes upon deb of t)w ttollwluo. C' CAntrrtctual ~ ~w 1alatmen( and durgaa for add Nbnal D A support due upon recdpl of aan 64 bal. . fLuna fa of two pen etl per mont}t w111 be due for any amount not paid W(thGt Olly (9M days ofAue da le. EFFECTlVEµlAptt t PAICEIIUB,EC110CKMWWRHOLnNOW CLrperab Neafdurtus 1717 N" aeM IUM Arl,Mten, VIvenla lisp/ (70 1 Iet•1000 hEW TUM ar I~0.0. Wtw, IL MOUTON nr D(W R 00 Mrs FM O"'to O"NO' Cu" Mt11ra4fa prtlkaNOO 012)2"76 p131t7tsm tf0f OWPM HUSH" M N1Asit eao f 1 DATA PROCRSSING ADVISORY BOARD NIBUTgS AUGUST 90 1911 The regular meeting of the City of Denton Data Ptoceasing Advisory Board was held on Tuesday, August 90 1981 at 1100 a.Me at the Ramada Inn, Present! Dale Maddty, Charles Riddens, Ron McDade, Jim Ruykendall, and Cengis Capan Present Prom City Sta m Gary Collins and Dave Dickey Abssnt r None i Ron McDade brought the meeting to order and asked it there were any comments on the minutes of the last meeting. Be suggested that the word •impleaentO be changed to 'look into' as regards the Local Atas Network, i Ron asked tot s motion to approve the minutes, j Dale Neddry made a motion to approve the minutes as corrected. Charles Riddens seconded the *Otlon, Upon a vote, the motion was passed unanimously. Ron asked Gary if item two was the only action item, Gary confirmed that it vase go explained that it dealt with the maintenance i contract on the financial system (GGP8)s Be said that included was j information on the so called 'extended Service Maintenance/Suppott.l me said that the contract and invoice veto for the base service at a cost of h t,fSO. Gary recommended that the City stay with just the base contract and not use the extended contract. Be did, however, strongly recommend the bass maintenance contract be supported, Dale asked Gary what type of usage have we gotten from the maintenance contract, Gary responded that the Data Processing Department bad Implemented two { releases of this package during the past year and that he felt It would be easier for the Data Processing Department to exist without this contract than the H nanee Department, Cary Collins also explained that the source code for this system was kept in house and maintained by the current but that be did know of anyone on the City's staff that kept up iwith tthe regulatory changes such as may be issued by CAPR, Cary indicated the costs associated with this maintenance contract was allocated to the Ptnanoe Department via the David No Griffin cost allocation study, Additionally Gary Collins stated the base cost associated with this eoAtraet was the same as lost year and recommended ve contract for the bass support but not the extended support. 1 r t i~ i N t ' Data processing Advisory board Minutes August to 1911 Page 2 i Jim made a notion to recommend approval of the maintenance contract as suggested by Gary Collins. Charles Ridden$ seconded the motion. The motion passed unanimously upon a vote. i Gary Collins repotted that the concerns of D010itt, baskins, and Sells, th 1I outside auditors were in three great, 1. Access to k prograamers, 2, payroll system Security, the computer room by the and 3. C e 1 to the tame Source code. multiple Ptograwur &Cease t Cary Stated that his responses to the Audit were that in a shop r the the City's with just five ptog"emets, it is meccasarf for the programers to p t I enter the computer room to retrieve printouts of test data and caPilessi. It this type of action vat* restricted, it would be necessary ~to assign delivery responsibilities to another employee, so felt that it was really a budgetary issue. In accordance with the Audit, he requested additional Specifically for this purpose, but the package was denied. Personnel i The board discussed the need for the Programmers to enter the computer room to f retrieve computer printouts and the 1040 of operational and programming staff. The board ugg estt~ i~~~ °yltut the bo the funding of A individual for delrverinc printouts to the progrr would be to look into the feasibility of installing a prainter [ot use by the ptogrammers. The second su eefunding for the Printer was not feasible that'ta poli by the bard was that covering on it the tines a Programmer po policy. 7 be established that the auditors could check or adAerebee ato this llowed In the computer room and that the Cary responded to the area of coftcarne one Programmer, be stated that Dataf P&CC rofessln4 Source code by more than progtammtts so that there Ia not role dependence AS one prng to dergoa specific function, which he felt was a legitimate manag "*At decision, It librariNf nder th•edirection of Dave or `damaets to have access to the Sams the board discussed the Capabilities Of the source library System and the ability to testriot programmers to certain libraries would address the problem to the degree necessary with the limited staff Collins indicated that while each major system Lad itasr on wn stlibraryCaof libraries and they were not restricted to a single ptagrampr they were not open to the entire ptogranning staff, Additionally Cary explained that the no one outside of the programming staff had access to the source code with the ` exCeptiont of $AS Sobs which were protected by accessible only to the user that originally created the the u's SABsreportAesrvord and The board recommended that a Policy be Instituted that controls all programming changes to the source code of the major systems. Drle esksdt Rave you ever experienced anybody do*tro is Cary replied[ Mo. y 9 any codN { t Data Processing Advisory Board Minutes August to Im Page 3 Jim: That, of course, is Controlled by their profile, which you have control over. Cary replied: that is crtrect. Dave handles all the security and sign on to all the major systems, 4 I[ Cary Collins stated that the response to the issue of multiple user departments having access to the payroll/personnel was that due to the Finance Department and the Personnel Department both performing similar functions on active employees that some data would need to be accessible and alterable by both departments. After discussing the capabilities of the security system for the paytoll/petsonnel system and the authority that the Data Processing Department ' should have in determining user departments procedures, the board recommended k that the Director of Data Processing present a recommended procedure with various options for restricting multiple department access to the respective departments and the City Manager for their acceptance and implementation, since the Board agrees with the auditors on this Issas, It recommended that security and accessibility issues should be determined when new systems are implemented, Cary Collins discussed that the ptoposed budget has fending requests for 10 PCs and that these PCs vote designated ae IBM or Mamg to distinguish tbem as to whether they would be connected to the IBM mainframe or the bang word processing system. Additionally Cary discussed the Couscil and City Manager's concern with the cost of PCs and speculation on if clones would be cheaper, Cary Collins distributed to the bard a list of all the PCs currently installed and the current IBM prices as well as the Packard Bell Clone, Csry discussed with the Board his concern for compatibility and maintainability, The Board discussed the need for to equipment to be compatible but also the importance of obtaining maintenance service and parts in the future as well the ability to shift equipment among departments/divisions If the *cession occur where one department wanted to upgrade the equipment and another department wanted, The Bard also discussed the need to establish a minimum specification that could be sent out to bid, Caty indicated that he felt that a system such as outlined in the IBM P6a Model 30 description should be the minimum configuration to most current and future needs, but it did not necessarily have to be an IBM machines Additionally Gary discussed that in some de art additional disk storage voce considered -1inisalrequirements, processors and/of The Board discussed the advantages and disadvantages of having the faster 216 Of 166 ptocessors, color 20nito1e1 and 20 of megabytes of hard disk for A minimum configuration, Also the board discussed tea need to establish the maintenance cost/availability as a up front consideration in the deoislon making ptocesse While the board discussed the importance of compatible software, the general consensus was that departments must have the fight to choose the software package they want but know what packages that the Data processing Department will support, 1 i Data Processing Advisory Board Minutes A"Ust 9# 1911 la9e 4 The bard reCOSmended that Gary Collins take the original specifications and modify them to indicate a minim l system and segregate the cosponents such 48 i, hard disks, color monitorso printers, tape drives and software as optional equipment that each department could choose based on their need. lrben Gary asked if the ■Ode1 30 PSS configuration would not most this f~ requirement the bard indicated if envisioned a ■inisua system that was more basic than the model 30 Configuration. The board suggested that Gary develop I a minimal configuration and that they would review it at the nest meeting. { 1 i i j j C ' Y. I ~ s A f 23134 f v 1 i E 3 . -mom- -Mvpr~ i 1 , E { i I i ~ r Y , DATE: 09/20/88 CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of preliminary plat of Lots 2 and 3, Block 1, Offenbacker Addition. RECOMMENDATION: The Planning and Zoning Commission reco:m¢ended approval at its meeting of September 14, 1988 by a vote of 6-0. SUMMARY: Lot 2 is a 0.2496 acre tract and Lot 3 is a 0.417 acre tract located on Carroll Boulevard north of Highland Street and shown in the William Loving Survey, Abstract No. 759. ' BACKGROUND: The property is zoned two family and office development is anticipated if a zoning change is approved. u City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The plat conforms to the minimum requirements of the Denton Subdivision ; and land Development Regulations if the variance of the sewer line extension is granted. If the variance is denied, a condition will be attached to the preliminary plat requiring the sewer line. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs f N/A FISCAL IMPACT: 1 N/A Res fully. =Ubw.d: ` Flo V. Harrell Prepared by. City Manager Bliz th Evans Pla ing Administrator Approvdid : bra H. R ine, AICP Executive rector for Planning and Development f r RECEIVED SEP 0 11988 FLOOOPLAfN :NFO110IION , ~ i• C, ~ 'fN as r A PAM OF i , TE'• A AM AA4 O,IIGYIID u 1Lem N.LN M[1 AC[0■w I - rn Ie w rliou~ FLOOD[ I+w~r~ niow. ~ NEST■PAA IAI FLOOD IrkILA Ka NATO N,W FU Ot CITY Or WON. Co"MITY-r■M*4 a ■me wlsfOom r Y76 4 CA J ~ NF-1 ~'wT { j" ZONING o ~~I ZONING I ZONING ~a~~~~ ICI: U 1i s N r LUA Ic 1CALG IN FIX? r all s1■ss■ I I AK r CKOA( ' w lsI L ~,~,,1. r A ~ eCA"Ow • G.s,• 73.m. 5 moo UNT ~ 7 r- all i U W J I rr _ W jj j 10.Y L.~ 5~ rj a f1&FCEME/M~ a1 1 2f COLLIN f I zota 1 IM 0bI471,W , a.Gr HIGHLAND l-tee -20H;1G, NETROPLE% ENGINEERING CONSULTANTS l Lj 11 o - ENCIt INE A RANKIN$ A SlI1 oira 11311 ft" VITRO Au., ■r■A, 7" Moira FOWNp Fm - ~Izftn-jw ,mG Flu Ga - w Lr WA.A~e 0 W N E R PMZNINMV Jot . EOO FICTION` Cwv GI-- FONTSLN DALE IR'dIN OFFENBACKEq ADDITION - EI,aVI1 LID, LOTS 2 ANO !LOCK i •s- • T,SMAM Ltm WK 1. US Am IN M WM • NaMals MO WILLIAM LOVING SAM. AG Akn ■ w M w • v■.e ccn a Dort oN coum tow U • FL, Ml SCALE GATE JOE N0. 5 " U W1IE ~ C■44P LLAAi OttNID. ..JL l• ~ 50. 25' 4 .VqM T T i i 11 1 j 9 i g S, t~ g t y ~i r F'a Now, T 4$r i DATE: 09/20/68 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager r SUBJECT: Approval of preliminary replat of Lot 4A, Block A, To,:nship II, Phase 2 PECOMMENDATION: The Planning and Zoning Lommission recommended approval at its meeting of September 14, 1998 by a vote of 6-0. i SUMMARY: This is a 1.730 acre tract located northeast of I-35E service road and r southeast of Dallas Drive and recorded in cabinet "C% Slide 156, Plat Records of Denton County, Texas. { i BACKGROUND: 4 The property is zoned PO-6 and retail development 1s anticipated. City services and facilities, including water, gas, sanitary sewer, A telephone, electrical, and solid waste, are available. s The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, OFFARDIENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: N/A Res ful;y i o arre City Manager Prepared by: Eli2atkth vans Pla ng Administrator Appr v ,i ra o ns, AICF- Executive Director for Planning and Development f f 1 1'+ 5169^ ton a i i I I I ti 173 i BUDtI( ~ rf.as Acpc r[Er 11 tlW li9cs 1 r-. M. R9 9~twmc ~ j 3-i•-E rFr} 314.Ii ~•:«.~`ri~'y~~'`t1 FRO will: w ` 1. [NrMLI MJI u nMUau1 Flry INlrlllq II 1[F + At .1 pr MrFpF III, I n rIM. / INTERSTATE HIGHWAY 35E ,IFMFI IIF .W11 M :r01N 1 I rr MMM 11U 11.". FJR .S HI IIPFe MWIIFN'1 LLiw'+[91JYw pq.J NV .n •1 rlr¶ • • o.ns:w ~iin ~ll.~[ witri l~~:n n• orltlr~u:rlla JI Iu•i• nni km W i_ PRELIMINMY REPL AT OF LOT 4A1 BLOCK A SITE TOWNSHIP II PHASE 2 BEND A REPEAT OF A PORTION OF LOT AA, BLOO( A + OF TOWNSHIP 1 PHASE 2, AN ADDITION TO THE OTY OF DENION. DINION COUBTY, TEXAS ACCORDING 10 THE PEAT R[CORDED N1 1 ~ CABINET V SUDS 156 PEAT RECORDS OF DENIM COUN11r TEXAS DATE: AUGUST, 1950 SCALLit • 50' , OW1+t R. DE,ELOPER, PEP BOIS-MANN), AGE A JACK / GOLDEN TmANGEE JOIN? ANTURE caw .By 3 A39OCIATt1 a - C/0 HENRT 5 MILLER CO Cr CALNWASHNINGTW BIK' \ 2001 BRYAII TOWER 1122 W. DALEAS TEXAS 75201 213 A NGEELLES CAUrORnu 900t` c.r .•^.•..F w 211/976-9120 215/715-5625 LOCATION MAP r 9 V„~ ~ Irr i 9 gas ~IIfyEA(d"~~..:r'•l^~d~'ainll~aP 9 . - } J 0 i F N I n I F-1 ti I i i I~ E e i i t i S a I s r t I ~L 1 r CITY COUNCIL REPORT FORMAT E TO: Mayor and Members of the City Council i PROM: Lloyd V. Harrell, City Manager s SUBJECT: Approval of a tax 'refund to David J. Ruciaian RECOMMENDATION: The Tax Technician has determined that a tax refund should be issued. i SUMMARY: Chapter 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 David J. Ruckrian has requested a refund in the amount of $ 607.57 since duplicate tax payments were made on account x 3740-00900, BACKGROUND: David J. Ruck= made payments on May 10, 1998, of $ 586. 06, and May 18, t 1988, of $ 21.51, for a total of $ 607.57. On June 16, 1938 he made another i paa n of a$ and 607.57. Tax records indicate payments of $ 1,215,14 against a penalt and interest of $ 607.57. A tax refund is due. PROGRAMS DEPARTMENTS OR GROdPS AFFECTED: The Tax Department and the tax account of David J. Ruck= FISCAL IMPACT: $ 607.57 'ESP FULLY SUBMITTED: C Manager r Prepared by: i M1 v/~ F ame Vic Schneider Title Tax Technician Approved: i .R name Monte Mercer- Title Controller j 2633C/3 N `11.1 I State Property Too aoald APPLICATION FOR TAX REFUND Refund Ap paatio 1 31.11(41021 1 Collecting office Name. City of Denton - L,x Dept. Collecting Tax For: City of Denton ( song units) 215 E. McKinney, Denton. TX 76201 Address City, State, Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: David J. Ruc)cnan Address: P.O. Box 772, New Albany, IN 47150 , I Telephone NumSar (if additional information is needed): 919-8354 IDENTIFICATION OF PROPERTY: Description )f property: AB1442, M. Yoachun, Tract 8, Acres 0.8328 Address or Location of Property. 3300 E. McKinney, Denton, TX 76201 Account Number of property. 3740-00900 or Tax Receipt Number. i INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of ' i From Which Refund Which Refund Date of the Amount of Tax Refund i Is Requested Is Requested Tax Payment Taxes Paid Requested 1. City of Denton 19 87 5-10 jig 88 S 586.06 S Z, City of Denton 19 87 5-18 /19 88 S 21.51 S 3. City of Denton 19 87 6-16 / 19 88 a 607.57 S 607.57 'r Taxpayer's reason for refund (attach aupporting documentation): Taxes were paid twice by taxpayer, on 5-10-88 and 5-18-88, and on 6-16-88. 'I eby a I to a refu of the abovedoscribed taxes and certify thatthe Information I have given on this form i true d o r Signature Da of AppNC on ! r Tax Refund - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DETERMINATION FOR TAX REFUND: Approval Disapproval _ Signature of Authorized Officer Date r Signature of Presiding Officer(s) of I exinnQg Date Unit(s) for refund appticatlons over $5W Any person *he wAes a false upon "ongoing record shell be sweet to one of ft loing penahiw: 1. ImPAa4nmanl of not more than 10 yeah not lees than 3 years and1w a one of not more Man MAN or both such tae and r Imprisonment; t. oonondment Inlet for a tens up to 1 year or a one not to exceed $3,000 w both such one and ImpAaanment as sel forth In Section 37,10, Penal Code. RENNO N 11 1 I 1 i i , , w~ E 1 DAVID J. RUCKMAN CO. 1a ee ~i Q? 9 {I 1dRUC-Mi 5 l7 1u?u914^ :~9 ,J4, x5..3 . f BURYEYORl, PLANNERS. CONBULTANTS P. 0. BOX 112 PH. 0404754 # NEW ALBANY, IN 47150 Q 71.9? t t, n _l_. 190. ORCtA OF TOTNE ~C14.Jm~,n'__ _~1 ron 5 y 5 Gnu(! Y_~4_. _ W5~".'--- ~r74G ac y ~1/~~~ Ww4MM,MMANAMy ',h ~ IF 0R_ U'0020294' 1:0810009200: 00 &3 686 04' ,''0000060 7 5 i M S 4 E ri ~ .1rnBRr~w~r- ~ -.r T ~ wr i i C i d C AM . }I~--~-Etf~-1#8~E#E-if#~----- ~y#,}E..IBBBUIBB1..t~S~ 4Y4:~E: co:'!~:~- @UYCCOU1NT rbTI ~S 1 ' 573000200 Sl 6AEE0, OOK40 1,313.33 YNNINNINN 1121 1,313.33- .00 .00 100 .00 S 373000205 1967 THRU: 374001200 1987 111 3 DATE 6130/& TAX TRIAL BALANCE REAL PA61 1SS PENALTY E►fECT1VE NEXT NONTM ACCOUNT B YEAR NAME NET TAX COOS A PD-GATE TAX PA[f PEN PAID TAX DUE PEN DUE TOTAL DUE AE J7 7 NCKINBKY PRO/ERTY GROUP S 1, TYSON R I. 111-F YNMMMM 1/ 1 1, 1 .R .QQ QQ .QQ QO r1BBNBBw 1 / 7 •S4N0__...-_..a44D0 S ~tl11(M~L4_Q94!!_e----- t.-IBNN118LR1_.lZ114__-_. f____._. -_...~.a a 15000500 47 CLNUK MOTHERS PIS . 6.44 YMNNWW 1129 6.44- p 35 7 66 CLARK MOTHERS PIS 6.41 11130 6.41- 1,4T- :88 :4 ACCKKJNT TOTAL :1 S 37 7 e7 CLARK MOTHERS PIS 7.59 YKNMMM 1/29 F.59- ? qqpp QQ :qp 35000700 86 CLARK MOTHERS PIS 7,55 11130 .7,55- 1:66- ACCOUIT TOTAL QWQ ssY Ll iUE s r/ ty q 1~~y p 4 pp SS 1 "LC1 E IRSTRFSS'P7S---- .•_-----•.--•--T9:ES..TNCkRYNNtl.-TT730-------..-._-.•~000INt TOTAL 7 703 B7 JUSTIN STATE BANK .00 Y 00001 1 1 112E 677, - 7 1 B7 JUSTIN STATE BANK A 1 /21 641. : S ))7 7 JUSTIN STATE BANK 115.y . J1 765.0. t20. )}}7 7lQq]~ BS JUSTIN STATE BANK 615.61 11 ~ 6169. 2T1.s1- S J7 i0J !7 JUSTIN STATE SAW 10665.00 5/12 19.0000• 6r:20- 3 yppp p~ ---------p-~---------- Li4VN1.I4 app s ]i50 00 i0S Si OCKE4T;LSw/ZONJTOUN6 ''06.66 TN~"NNNI"OM Tiii 1'i7e:ee: :°(70 A ;EA A 4 s 7 T CLAAK MOTHERS PIS 94 V00404004 1129 a,94- .pp St 1i LlG4Qi40A~L1M6.le4ItlEeuil--~~--------~-•-- 144------------ 11179._-..~QA44 12}44----- EtOOaf"TE ;ppp S i3000i$I A6 CLARKK MOTTHERS HERS P/S 5:53 Two~ 11130 S;S3: 1:22- 3s 33S ACCOUNT TOTAL .00 ]S J77000D06"e7"711T; G?. M-. 0-"9RNAaNAa'"1T770" .200:SG :pp- Od- j A6 L AAK BROTHERS PIS ETAS Y""""""" IWO A:A:: IA- :00 :9n :00 SS j ACCOUNT roTAl 00 S ~STEEtAf"xC4ra`.................... T eepp:9S TaaRaalW --r7 a---r aeQa-,t,SS - - - 1 4 N COHA4~N JOAN ETAL I'll t,4l. YNNNNNNN It 1~11i,41- pppp , 74 67 MCKIKNEf STREET BAPTIST CHUIICN .00 TNIYIIMNYI 774 07 5NUFOAD, C.E. 4,a21.10 YNNNNNNII 2/ 4 4,021: 1 - 281: 74 7 1UUlKE~ Cl[FFORD, LANDY 1 WEN 16 .9 YNINKNNN 12! 165.19- MMKC 1 p ~ee` 1 EE I1 - 17 Tlmftk lot. w f 1122 103.92. YMNNNNNN ; of vim Ism I- - 74 17 JISIIY, [L[ff4 .66SS TNNNNNNN 1 J 1 4 •bs- 3 14 17 JESTER, T0M 0 JA E PAUL HAYk00 7,4 A YNNYWO64 AO 3,437: 611. 4,056: M S` 1 !7111 NI IMM IOT47 T4p11• X7Arin f117n t9A7 ! ft it 1 l~ INN, s i p i F i i II 1 rl I } M1 f 3 t I I i l r 1 f 4+H 11 HII fl IFF"r-1-11 1 ii f 0923L~ N0. i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- went, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NUW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION I. That the numbered items in the following numbered bids-Tor materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER No. VENDOR AMOUNT .9887 162 KESCO 36.453,.00 9887 3 POLELINB 9.015.00 AM Ail WESTER 3.339.00 KLMILl1EM ErZCTRIG COMP Kv 08.804.00 9891 -L_ F_& J FORMS 24,315.90 r i f 1 f - T- t` i 3 SECTION II. That by the acceptance and approval of the above numbered tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services_ in accordance with the and for the specified tsums ~contained ainothe Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and perso,is submitting approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute EI' the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, uantities and specified sums contained in the Bid Proposal anyy related bid documents f herein approved and accepted. SECTION IV. That by the acceptance and approval, of the above authorizes then expof the enditure of submitted bids in tthe- amount and ein accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this day of , 198 . T1: S, MAYOR ATTEST CITY OF DENTON, TEXAS N FER TER , C ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i BY., PAGE TWO K SEPTEMBER 20, 1988 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 9887 PADMOUNT TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder or each item as listed below: Item 1. 6 pc 150 kva Transformer to Wesco at 3,663.00ea - 21,978.00 2. 3 pc 300 kva Transformer to Wesco at 4,825.00ea - 14,475,00 3. 1 pc 750 kva Transformer Poleline at 9,015.OOea - 9 015.00 4. 2 pc 25 kva lph Transformer Pricster at 967.OOea - 1:934.00 5. 1 pc 75 kva lph Transformer Priester at 1,405.00 - 11405.00 TOTAL BID AWARD 48,807.00 i SUMMARY: This bid is for the purchase of electric distribution j padmount transformers. These units are replacements for inventory stock and gill be utilized in the maintenance and new construction for the electric distribution system. BACKGROUND: Tablulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution an Un ergroun FISCAL IMPACE: 1987-88 Budget Funds Account #611-008-0252-9222 4 Respec llyy/submi ted: u Lfoy Harre City Manager i P epared by: ame; Tom au Title: Assistant Purchasing Agent Approved: arse: o n area tle: rehaoing Agent i k BIB 1 9867 1 1 1 1 1 ! 1 S I 3 ...•.--.....----•-•..._I I I I I I I I BIP TIRE PADM0U71F 1RANSfORMERS I NESCD I SAN ANOELO I PRIESTER I PRIESTER I TEMPLE I VAN TRON I TEPCO I POLELINE T 3 ---_•-------------AU------------•-------I I ELECTRIC I SUPPLY I I INC. I ELECTRIC I I ELECTRIC I OPENER 2100 P. N. SUSI 23, 1900 1 1 I I I 1 I I I 1 ACCOUNt t .................i...._..._._._....._.._...---....I.............. . ---1-------- I I 1 1 I QTY I 1TEN DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR I .S. I I I 1..__.... 1 1 1.............. 1 L.. -•-•----•-I.............. I 1 I 8 1100 KVA l 3,663 I 31916 1 41603 1 41414 1 41064 1 41113 1 31975 I 31891 I 1 1 3 1300 KVA 1 41825 I 40621 S 5,880 1 61043 I 5,088 1 6,150 1 61500 t 51195 I j 3 t 1 1750 KYA I 91650 1 91635 1 10,019 1 10,641 1 10,110 4 1 1 1 25 KVA IPH 1 11024 1 11006 1 967 1 11045 1 11173 1 11,096 1 11,300 1 11325 1 5 1 1 1 75 KYA IPH I 11318 1 11537 1 10405 1 1,11211 1 11620 1 11639 1 19135 1 11924 1 I II 1 s J r. , 5 M` i r ~V DATE: SEPTEMBER 20, 1988 { CITY COUNCIL REPORT i TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: BIDI 9888 POWER TRANSFORMER RECOMMENDATION: We recommend this bid be awarded to the evaluated ow b dder R Riman Electric Comnany in the amount of $308,804.00 for j Denton jobsite, with delivery in 34 weeks. f SUMMARY: This bid is for the purchase of a 3-phase, 138kv substation power traraformer. This unit will be utilized to "duplex" or up- grade the Paige Road substation capacity. The evaluation tl process involves a comparison of purchase price, life ? expectancy, full and no-load losses and the cost of kw losses. BACKGROUND: Tabulation Sheet, Memo dated September 7, 1988, i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Utilityr Meter- ng u Subatat ons A FISCAL IMPACT: 1987-88 Utility Bond Fund, Account 611-008-0253-9217. Respectfull submitted: d U Loy V Harre City Manager aPared by: Tom S aw Titles Assistant Purchasing Agent Approved: N ' p ars a 1 le: PJ chasing Agent i 1 1r 1 u R i x. wry of Dwrom, mus 215 E. MCKINNEY/ DEN TON, TEXAS 782011 TELEPHONE (8f 7) 586.8200 TOr John Marshall, Purchasing Agent aiCFROMr Joe Cherri, Engineering Associate II DATEr September 1988 SUBJECTe AWARDING POWER TRANSrORIIER BID 0 9888 t I The Utility Staff recommends the acceptance of the bid roposal of Kuhlman Electric Company, 198 Porter St., Crystal Spri ngs, Mississipi 39059. The original bid pice is * 308,804. The delivery date is 34 weeks after receipt of the order which is expected to be at the end of May of 1989. The total e val uated coat of the transformer would be f 5530165, Y In our bid evaluations the lowest bidder, Heavy Duty, did 'not include the adder for the cost of shipment to the job site. 3fi 5 The vendors' proposa)s are listed belowe ORIGINAL BID ADDER EVALUATION PRICE (S.P.) TO B.P. COST Kuhlman Electric Co. 3081804 Heavy Duty 555,165 e 296,298 3,500 587,444 P.BB Asea Electric 330,000 Westinghouse 395 595 575'442 f General Electric 3570052 626,431 r Mc-craw Edison ' 581,012 11,674 61.6,676 t 71 %''1 !tk Evaluation is based an SOr 1% lossev. of the 15 MVA self cooled ratings with no auuillary losses and at a cost of ! 4,072/kw loss. i BID D ----98------------------- DID TITLE PCWER TRANSFORMER I KUHLMAN I HEAVY DUTY I ABI ASCA I WESTINGHOUSE I B.E. I Mc6RAN I I ELECTRIC CO. I TRANSFORMER 1 ELECTRIC I I COMPANY I EDISON POWER I OPENED 2100 P.M. 8130188 I I I I I I SURPLUS I I I I I I I I ACCOUMI I 613-001-025J-4237-5540 i I ! I I I I I.............. 1..............I-------- I.............. I--....-•------I.............. I----------------- 1 I I I I I 1 I I f D I OTT I ITEM DESCRIPTION t VENDOR I VENDOR I VENDOR t VENDOR I VENDOR I VENDOR I I......... ! - - I t-------------- I I I I I ~ I I i I I 1POWER TRANSFORMER 300,804.00 I 1 296,298.00 I 1 330,000.00 I 1 395,555. DO I I 357,052.00 I I- 401,674.00 f I IDELIVERY 1 34 WEEKS 1 34 WEEKS I MAY 15, 1989 I 36 WEEKS 1 23 WEEKS I I I I I I I I t T I 1 IFDI PAIN DENTON I DENTON I DENTON I DENION I DENTDN I DENTON I DEWTON I i ek 1 Y • yi4~aG'iY,k.';FldSry#"vrti« r--r.., . , r.,..;.:; •.*,nuta., %yNNiIC r 1 N i . SEPTEMBER 20, 1988 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager > i SUBJECT: BID# 9891 PRINTING PARKS BROCHURES : RECOMMENDATION: We recommend this bid be awarded to the lowest meeting specifications, F&J Forms in the amount of $89105.00 per issue for a total of $240315.00. SUMMARY: This bid is for the printing of the 1989 Park and Recreation activity schedule brochure. Three issues are printed y during the year. There are 35,000 copies of each issue. F r BACKGROUND: Tebulation Sheet PROGRAMS DEPARTMENTS OR CROUPS AFFECTED: Park and Recreation ! apartment FISCAL IMPACT: Funds will be taken from 1988/89 Budget Funds. t Respectfu y submitted: L oy arre City anager 5. ared b ame: Tom S aw Title; Assistant Purchasing Agent Approved Ole Prchasi*nSrAgent a i f I I I t I 1 1 1 I Ill 1 4@81 I t I I I I I t I • ................•••••I I I I : I I t I - III TITLE PRINTIND PARKS BROCHURES iF.2. FUSINESS iF.7, BUSINESS 1 SHE FINAL I THE FINAL I PROMBiIONAL I PROMOTIONAL I NESS (DALLAS CfF5E1 IDALEAS OFFSET I FORMS I FORMS I PAGE I PMGE I CONCEPTS I CONCEPIS I I ASSOCIATES I PRINTING I PRINTIND - - OPENED 200 P.M. @13018@ I I I i I I I I I ; I I I 1 i i I I ; 1 ACCOUNT 1 1 EACH I 10TAL I EACH I TOTAL 1 EACH I TOTAL I I TDTAL I £ACH .-•°------•1.............. i I.............. 1............. I I 4 I 91Y I ITEM DESCR1P1104 1 VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR ...._t....-•-...•---I..----•-------I--------°..--I.............. t 1°•-.••----...1 ..............1.............'. l T 35M ISPRIND t 231.54 I @,105.65 I 324.27 1 111528.00 1 237.00 1 1.245.00 1 NO Bie i 313.1D i 10,950.19 = I I 1 I t I I I ' i 2 1 35M ISUMN:9 1 231.59 1 81105.63 1 339.37 1 114526.00 1 237.00 1 01295.00 I NO 111 1 313.10 1 10,958.19 1 I I 1 I I I I I 1 I 3 1 35M (FALL t HINTER 1 231.54 1 81105.65 1 239.37 1 11,528.00 1 237.00 1 11295.00 1 NO BIB 1 313.10 1 10,956.19 I I I I I I I I I I I I I TOTAL 1 1 21,316.93 1 1 34,584.00 1 1 24,885.00 1 1 1 32,874.57 t I I 1 T i I I I I t r I t I I i I t I 3 I I I I I I I I t I 1 I I (DELIVERY DATE I 1 10 DAYS I I A$ SPECIFIED i I AS SPECIFIED I i I AS SPECIf1E0 1 t I t I I I I I I i I (f 1 t I I t I I I I I 1 Vii, 1 1 I I I I i I I I 1 { I IBPTIONS 1 I 1 I l 1 1 I I f j I it. ADDIIIDNAL BROCHURES 1 231,54 1 t 212.55 1 1 132.91 1 1 1 128.67 1 1 1 12. FIVE COLOR COVER I NB I I NB 1 1 296.66 1 1 1 320.44 1 1 13. 001 SIDCK I NB I I NB 1 1 431.72 1 1 1 724.06 1 11 t, 1 P f~ V ti V 1 k i { 1 I j { i i I { sy r 3 d s t p 4 ti S . f 1 ts' { i~ [I If 1~ f i+ I F 1-1-L 4.1 1 f 0923L NO. AN ORDINANCE AUTRORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND LANLHARK COMPANY FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 18, 1988, the City awarded a contract for the construction of certain improvements to Phoenix Apartments Project in the amount of Eighty-three Thousand and Twenty-six Dollars ($83,026.00); and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the City an Landmark Company, a copy of which is attached hereto, in the amount of Thirteen Thousand Nine Hundred Eibnty-eight Dollars ($13,988.00), is hereby approved and the expenditure of funds y therefor is hereby authorized. SECTION II. That this ordinance shall become effective imme atdi yI upon its passage and approval. PASSED AND APPROVED this the 20th day of September, 1988. { i IRFMPHENS, MAYOR i ATTEST: JEWIFER , CITY SORETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY! V r f I f: i SEPTEMBER 209 1988 CITY COUNCIL REPORT TO, Mayor and Members of the City Council { FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 9873/P.O.# 85288 CHANGE ORDER, PHOENIX { APARTMENTS PHASE III REPAIR FOR $13,988.00 I RECOMMENDATION: We recommend Change Order/Revision #I for $1,338.00, an ill or 2,650.00 be approved for Bid Contract #9873 that was originally issued for $63,026.00. SUMMARY: The Bid asked for all gas piping to be checked and tested.. We did not ask for any repairs as we did not know that major and minor leaks would show up in most every apartment. #I d includes the following 9 units 163, 158, 159, 161, 162, 160, 1489 149, and 150 in the amount of $1,338.00, and included in #II is 75 units as listed on the attached for the amount of $12,650.00. This makes a total of 84 units needing gas leak repairs for the total of I and II for $13,988.00. BACKGROUND: Bid # 9873 Tabulation and Award, Change Order Ordinance. Change Orders #I and II. Memo From Barbara Rosa. PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Complete repair and maintenance o Phoenix Apartments. FISCAL IMPACT: GDBG Funds Respectf ly submitted: Llo~y arre City Manager Prepared by: am o n AiMarsha-11 tl : Purchasing Agent Approved: e: )J n-J.' Marshall itle: urchasing Agent i i ! i It 1 ' f l 1`. I~ CHANGE ORDER CITY OF DENTON TEXAS OWNER DISTRIBUTED TO: OWNERW CONTRACTOR/g/ /J f BIDI 9873 CHANGE ORDER NO.: 1 and 2 PRO?ECT: PHOENIX APTS. REHAT3ILITATION DATED: 8/23/88 ADDRESS: 308 S. RUDDELL PHASE 111 CONTRACT DATES 7/22/88 LANDMARK COMPANY P.O. BOX 828 ? 525 N. LOCUST j DENTON, TX 76201 THIS CHANGE ORDER/REVISION HAKES THE FOLLOWING CHANGES IN THIS CONTRACT. i I M CHANGE ORDER NO. 1 1. REPAIR GAS LEAKS IN 9 UNITS $1,338.00 j CHANGE ORDER NO. 2 1. REPAIR GAS LEAKS IN 75 UNITS $12,650.00 F t 4 The original (Contract Sum) 83,026.00 Net changs by previously authorized Change Orders $ The (Contract Sum) prior to this Change Order..@*& $ 83,026.00 The (Contract Sum) will be (increased)(deereased) (unehanged) by this Chanqa Order.... eoo* 13,988.00 The new (Contract Sum) including this Change Order will be ...........................................5 97,014.00 The Contract Time will be (i s" (desveasad) (unchanged) by 0 DAYS The Date of Substantial completion as of the date of this Change Order therefore is LANDN!+RK COMPANY _ CITY OF DENTON_ CONTRACTOR OWNER 525 N. LOCUST 215 E. MCKINNEY ~ ADDRESS ~ ADDRESS ADDRESS , DENTON TX 7620 DENTON• TX 76201 ~ BY BY~ 7- d DATE DATE 9/15 88 DATB 9/15 88 I p N' er.P - ISC~ , . 1 TAI 3~ wry at orNroN C I 10B Wool D8Q Office o NnI n. Taxes l~" g g (81 ~ Sa!8tW ~0 f VEMORANDUM i i TO: John Marshall, Purchasing Agent FROMi Barbara Roes, C,D. Coordinator DATE: September 7, 1988 SUBJECT: P.O. 83288 Revision E Please find attached a revision to our existing contract with q Landmark Construction. Be are increasing the contract amount by $ 13,988. to repair all gas leaks at the Phoenix Apartmr,ts. The original contract specified only that the gas lines in k each building be tested. Leaks in nine (9) apartments have been r±paired. A bid was requested from Landmark for the repair of all other units. Correspondence from Landmark is attached. If you have ar. y questions please call ma at 8480. Thank you Barbare Roes ? i i In Tic Amedcanaa+dfflm '[fie C4mwu ty pe %I si ~tt~ Omt_ end thnougiaut the ae hborhoA t k` LANDMARK COMPANY - GENERAL CONTRACTORS P.O. Box 828 Denton. Texas 18202 H1phwsy82Wu1 el13833007 P.O. Box 1242 GNInfw1110, Texas 76240 8174684165 8/23/88 Barbara Rose CDBO P 110 B W. oak f Denton, Texas 76201 { i i ! REt PHOENIX APARTMENTS PHA3E III Denton, Texas r Bid Number 9873 ! 01219052CD278502 02219052CD278502 Dear Barbarat j Enclosed herewith please find j Rex Plumbing and Sewer ServicepaendlStonemPaintin8ilwhicheconcludosc~ f + f, their services Provided. You will also find the warranties from Rox Plumbing for the new water heaters, Please be advised Landmark proposes to furnish materials and repair all existing gas leaks for the amount of 812,650 (twelve thousand. six hundred-fifty dollars) which Includes the following units. 151,160,164,165,166,168,169,170,171,172,173,175,176,119,122,123,124, 130, 131,104,107, 109, ll2,114,99,10o,office,83,86,87,88,89,92,95,97,66, 69,70,74,76,77,79,80,61,63,64,50,52,54,55,56,58,41,42,44,45,46,29,30, 31,33,36,38, 22,24, 26, 9,12,13,!5,16,1,3,5,6 7. There is a total of 75 units that leak. If you have en ! 1 < a y questions or if I can be of further assistance, Please feel free to give me a call. j Since sly, ^ ~ r r Don Ric cards Landmark Company i DBR1ir encl, , "i 1 7 r' LANDMARK COMPANY - GENERAL CONTRACTORS P.O. box eta Denton, TaMU 70201 P H.O ox 1242 017.303.3007 , Boy 1111 Oalnesrllle, Taxes 70210 y CONT. Draw number 2 will be for the balance of the original contract j in the amount of $9,229.00 ( nine-thousand two hundred twenty nine dollars). i Landmark Company is also requesting a draw in the amount of p $1,338.00 ( one-thousand three-hundred thirty eight dollars) for change order numoer one. This change order includes the following unite. 163, 158, 1590 161, 162, 1600 148, 1490 a 150 A bid for the repair of all existing leaks will be forthcoming. w Thanking you for your time and consideration in this matter. 81nc rely, on Rich rda Landmark Company a~ k 4 i DBNtlr i i ~ . 1 i f: F' I w r I i i 4 ` l 1 i r 2501L NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING THE EXPENDITURE OF FUNDS FOR MAINTENANCE SERVICES PURSUANT TO THE CITY'S CONTRACT WITH AMERICAN MANAGEMENT SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of $32t250 is authorized for the purpose of purchasing maintenance iupport for the City's LGFS software from American Management Systems for the period of August 1, 1988 throusgn July 31, 19899 pursuant to the attached contract, which is incorporated by reference herein. 1'. 1 SECTION IT. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. r r, RAY STEPHENS MAYOR ATTEST: a~ .l j s JENNIFER WALTERS, CITY 3ECRETANY t li i 'i APPROVED AS TO LEGAL FORM: I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY tt ; S l I i } t i` f ANIERICAN MANAGEMENT SYSTEMS, INC. Proprietary Software Term License and Maintenance Agreement AMERICAN MANAGEMENT SY5rEMS, INC. ("Ah1S"), a Delaware corporation, whose prindpcl office is located at 1515 Wilson Bou)evard, Arlington, Virginia 22209, and _ the City of Denton, Texas ("Licensee"h a Texas municipality whose principal office Is located at City HaI1, City of Oen ton, Texas agree as follows: 1. License; Term of License a. AMS hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive and nontransferable license to use the computer software components described in Exhibit A (the "Packaged System") on the terms and T conditions hereinafter set forth. The license shall be for an initial term of fifteen (15) years from the date AMS first furnishes the Packaged System to Licensee (the "Delivery Date"), and A3,15 shall notify Licensee of the Delivery Date, If Licensee wishes to renew this license, Licensee shall so notify AMS prior tothe end of the month preceding the roonth in which the license ends. The license shall be extended for an additional one ,1) year term with AMS' approval, which shall not unreasonably be withheld, Requests for, and approvals of, additional license renewals shall be made in the same manner This license shall be renewable as prodded above for up to a total of fifteen (15) renewal terms. b. Licensee Is authorized to use the Packaged System only to process work for Licensee (excluding work performed as a service bureau) on one or more designated computers at the single location specified in Exhibit A. No license, either exprrss orimpiled, Is granted by A.MS to Licensee hereunder to use the Packaged System or any portion thereof for any purpose, at any location or on any equipment other than as specifically set forth In this subparagraph Lb., and Licensee may not sublicense the Packaged System or any portion thereof. 2, Maintenance Services a. AMS shall provide the maintenance services described In subparagraph 2.c, for a period of twelve (12) months (the "initial Maintenance Period") beginning with the month in which the Delivery Date ocmn without additional charge to Licensee. b. Licensee may purchase maintenance services for the Packaged System Wowing the end of the Initial Maintenance Period for ape.eswof twetw{t!} I 1111"I date of the InINal Maintenance Period. tipon reeeipl by AMS of payment of Its Invoice roe , AW'AD provide the maintenance services described W subbparagraph 2.c. AM wi8 coritlnnlttti w4lInkha nce Somlces os bag as (0 Licensee Is current (i.e., not greater than fifteen (15) days in arrears) in the ppaa of the maimemna tee'provided in paragraph 3. herrof f eat nt maintenance period,* an+~'nate Incorporates Into the Packaged Shyah within days 07 thaT ftlilit~ , td1W1 ~Aaduged Systea: Ace eriod and subsequenl nwhfenarlce rf~! ishil.4M collet. tivefy as c. The maintenance services referred to In subparagraphs 2.a. and 2.b. are as follows: (i) AMS shall provide Licensee with reasonable amounts of consultation by telephone to assist Licensee In the use of the Packaged System; (u) for the Maintenance Period, AIMS shall supply computer program code to correct any errors in the Packaged System which cause It to deviate materially from the specifications for such Packaged System which are set forth In the manuals listed In paragraph 1. of Exhibit A; (iii) AhIS shall provide Licensee, without addidonrlcharges beyond t; a maintenance fee provided for in paragraph 3, hereof, all enhancements to the Packaged System developed by AIMS and generally made available to other licensees of the Packaged System ("Enhancements"); and (iv) In the event Ab1S permanently ceases maintaining the Packaged System, Licmee shall have the benefit of the rights described in subparagraph Cb. hereof. A.MS shall have no obllgation to Incorporate Enhancements Into the Packaged System. llowever, If requested by Licensee to provide assistance in Incorporating Enhancements Into the Packaged System, A%1S agrees to use Its best efforts to do so; and Licensee agrees to pay for AIMS' efforts on a time and materlaIs basis at AMS' then prevailing rates. t d. S4specied error conditions will be investigated and corrected by AbIS personnel at AMS' ofEces to the exterI possible. Licensee may request that AMS conduct such investigation and correction al Licensee's location. In the event that AMS personnel travel to the location of Licensee at Licensee's request, Licensee will pay AMS for travel and subsistence expenses. YAMS, in Its reasonable judgment, determines that the suspected errorcondition was attributable toa cause other than an error In the Packaged System or an Enhancement, then Licensee will pay for AMS' efforts on a Hme and materials basis, 3. License and Maintenance fees a. As compensation for the license granted hereunder (including renewals thereoO, Licensee shall pay AMS the license fees set forth in Exhibit A. ANIS will provide Licensee with such Irairving, assistance, and support in i using the Packaged System as Is set forth in Exhibit A. Additional training, assistanceand supper will be provided on a time and materials basis. f b. If Licensee elects to purchase malnlenance services following the end c! the Initial Maintenance Period, as described in paragraph 2. hereof, Licensee shall pay AMS at AMS' then prevailing rates for such services. feet w9 be furnished annually in Advance to Lkensee. C. AM5willInvoice Licensee for the license fee In the manner described In Exhibit A.Invoices for maintenance i upo receipt f the Inv oicesby Licensee and shall be deemed l correct ilLicen eehas not no ifiied AM S full wIirmediat hin fifteen (15) days of the date of the Invoice of any claime Invoice discrepancies or failures by AMS to furnish services hereunder. In the event of travel by AMS perso,mel to Licensee's location, other out-of-pocket costs shall be billed to Licensee at AMS' cost. d. The prices specaed in this Agreement are exclusive of any tariffs, duties or takes, however designated, levied or based on this Agreement, the Packaged System and Licensee's use thereof, charges and payments made hereunder, or any services, materials and supplies furnished by ANIS hereunder, Including, without limitation, any sales and use taxes and any state and local privilege or excise taus based on gross revenue. Licensee agrees to pay and be responsible for,-111 such taxes and levies (exclusive, however, of taxes based on net Income). AMS shag have the right, but shall not be obligated, to pay any such taxes or levies directly, in which event Licersee shall promptly reimburse AMS In the amount thereof upon presentation by AIMS of evidence of payment. 4. Representallons, ll'arrantie and Agreements by ANTS; Disclaimer a. AMS represents and warrants that it i; free to enter Into this Agreement and to license use of the Packaged System as provided In paragraph 1. hereof. b. In the event that A1v15 permanently discontinues in business because of bankruptcy, receivership, dissolu. Hon or other form of permanent business disru Honnndsuchbusine p ssisnotcontiu by successor Interest AIMS, then Licensee shag have the right to se`cu;e from AMS, or from Authorized trustees or receivers actigon behalf of AMS, such dontmentation, Including source program code, as AMS shag have, for Licersee to maintain its normal use of and to modify the Packaged System. Such documentation shag be licensed wAhoul additional charge to Licensee on the lerms and condidons set forth in this Agreement e, AIMS warrants that performance of IN Packaged System will not deviate materially from the speeficadons set forth in the manuals listed in Exhibit A, provided that AMS, In its reasonable judgment, has determined that no modifiicuions which have been made to the Packaged System have caused su"i deviation. Any material modifica• tion by Licenses of source program code for the Packaged System shag rel eve AIMS of all warranties and other obligations provided for in this Agreement. d. THE RE'PRESE mo%,S A.\D WARRANTIES SET FORTH tN SUBPARAGRAPHS a., b., AND C. ARE E%CLUME AND IN LIEU OF, AND UCE.\SE£HEREBY WAN£S, ALL OTHER R£PRESC%7ATIONS, WARP.WnES, GUARAtiTEES, AVDOBLIGATIONSOF A:vS, ExPRE S S OR NPUE D, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LLMMD TO A%Y NPLIE D N'ARRAN7t ES OF MERCHANTABILtIY OR MNESS FOR A PAFMCVLAR PURPOSE, AND ANY IMPLIED WARRANTY ARISLNG FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ExCEPI AS SPECTICALIY FROVIOEDI\ SUBPARAGRAPHS a„ b., AND C., AMS SHALL HAVE NOWPONSIBMITY FOR THE ABILRY OF LICENSEE. TO USE THE PACKAGED SYSTEM OR ANY RELATED MAIERFALS AND SERVICES PROVIDED BY AMS. S. Remedies and LImllation on Liability a. AMS and Licensee agree that Licensee's remedies, and AMS' liability to Licew e, for breach of contract Including breach of warranty, for any tort (including negligence and strict liability), and for any other claim arising In connection with the Packaged 5ystem and related materials and ser.ices furnished under this Agreement, shall be as follows: (I) The sole obligation of AMS with respect to a breach of any representation, warranty or oblfgaNon hereunder shall be to correct such breach. (ii) Because it Is understood and agreed by and between the parries hereto that (1) the fees to be received r' a F" i by AMS hereunder are based solely on the value of the right to use the Packaged System granted to Licensee hereunder, and (2) from the nature of the Intended use, it is impracticable and extremely difficult to fix the i actual damages, if any, which may proximately result from any failures in connection therewith, It Is therefore further agreed that in the event any liability Is Imposed on AMS for any reason whatsoever, the aggregate a mounts payable by AMS by reason thereof shall not exceed the aggregate amount of fees theretofore received byAMS hereunder with respect to the portion of the Packaged System or services giving rise to such liability. b. THE REMEDIES PROVIDED IN THIS PARAGRAPH 5. SHALL BE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES FOR AN f AN'D AU CLA MS AGAINST ANTS ARISLNG IN CONNEcriON 1}TTH TKs AGREEMENT, MADE OR SUFFERED BY LICENSEE OR ANY OTHER PERSON, w'HETHFI BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LLti61IJTY), AND { RECARDLESS OF THE PORN IN 1AWCH ANY LEGAL OR EQUITABLE ACTION MAY BE I4ROL'GM UNDER NO CIRCUMSTANCES I SHALL AMS BE LIABLE FOR LNDIRECT, CONSEQUENTIAL, SPECIAL OR EXEWLARY DAMAGES (EVEN IF ANTS HAS BEEN ADVISED OF THE POSSIBfLM Of SUCH DAMAGES), SUCH AS BUT NOT LINKED TO LOSS OF REVLNUE OR ANTICIPATED PROFITS, LOST BUSINESS OR OTHER L)A MAGE LN CONNECTION IAM THE PROVISION OF SERVICES OR LIC ENS EE'S US E OF THE LICENSE OR ANY SERVICES PROVIDiD FOR N THIS AGREEMENT, 6. Title and Interests in the Packaged System a. AMS shall retain title to the Packaged System, all rights of Licensee thereto being expressly limited to the E license granted hereunder. In the event of termination of the license granted hereunder for any reason, AMS shall i be entitled to immediate possession of and all rights and Interest in and to the Packaged System and related materials supplied to Licensee, Without in any way limiting the generality of the foregoing, upon sir h terminaKOn 9 Licensee shall, within five (5) business days following the date of termination thereof, deliver to AMS the original and an copies of the Packaged System and such, related materials, and all notes concerning and reproductions of and relating to the Packaged System. In lieu of such return, AIMS may, at its sole option, request In -.writing that 1 Licensee destroy the original and alicopies of the Packaged System and all such waterials, notes and reproductions and that Licensee present to AMS evidence of such destrxtion satisfactory to AMS, b. Licensee agrees that Enhancements shall be the exclusive property of AMS. E 7. Nondisclosure a. Licensee understands and acknowledges that the Packaged System and related materials are proprietary to AIMS and have been provided to Licensee for use exclusively In accordance with the terms and conditions of this Agreement. Licensee agrees to hold the Packaged System and related materials In trust and confidence and not to disclose all or any portion of them to any person other than Licensee's agents, employees and consultants, and then only on s n "as needed" basis inconncction with use of the Packaged System andin accordance with the terms and conditions of this Agreement. b. Licensee shall take all reasonable steps (including, withoutUmitation, those steps Licensee takes toprotect its own data or other property It considers proprietary or confidential), both during and after the term of this Agreement, to protect the confidentiality of the Packaged System, to prevent the Packaged System from entering the public domain and to insure that the Packaged System is not, in whole or in part, disclosed to or by, or dupticateduther than by or for those personsperrrJtied to use the Packaged System as expressly provided herein. e In Vie event Licensee makes any unauthorized use of the Packaged System, Including without limitation unauthorised disclosure to third parties, AMS shall have the right, at its option and without prejudice to any other rights or remedies of A.MS, to terminate this Agreement Immediately upon written notice to Licensee. d. NctwithsLanding the foregoing Lice nseeshall have no 11abtUryto AIMS with respect to the disclosure andloe use of any proprietary Information of AMS which Licensee can establish to: (I) have become publicly known without breach of this Agreement by Licensee; or (u) have been known by Licensee, without any obligation to keep it confidential, prior to disclosure of such infe:rration by AMS or Licensee, as evidenced by written documents prepared or received by Licensee prior to disclosure by AMS; or (Eli) have been received In good faith by Licensee from a third party without any obligation to keep it confidential, 6. Pervtlssion to Copy or 'Modify the Packaged System a, Except for the manuals Usted in paragraphsl and 4, of Exhibit A, which may be copied for she personal use of Licensee but not for distribution, Licensee shall not copy, in whole or in part, any computer software components or any other materials which are provided by AMS in printed form under this Agreement. Any computer software components or other materials which are provided by AMS In machine readable form may be copied, in whole or In part, in printed or machine readable form, for use by Licensee on the designated computer at the single location specified in Exhibit A, for archive or emergency restart purposes, to replace a worn copy, to understand the contents of such machine readable material, or to modify the Packaged System as provided below, prodded, however, that no more than five (5) print;d copies and five R) machine readable copies wiU be in 7xistence under any Ucense at anyone time without the prior written consent of AMS, The original, and any copies of the Packaged System and other materials in wholror in part, which are made hereunder shall be the property of AM S. i b. Licensee may modify the Packaged System and other material, In machine readable form, for its own use and merge it into other material to form an updated work, provided that, upon termination of the license for the Packaged System, the Packaged System and other material furnished by AMS will be complete:v removed from the updated work and dealt with under this Agreement as if permission to modify had never br en granted. Any portion of the Packaged System cr other material included in an updated work shall be used only on the designated computers at the single location specified in Exhibit.;, and shall remain subject to all other terms of the agreement. Licensee agrees to reproduce r..,d include AMS' copyright notice on any copies, in whole or in part, in r any form, Including pardal copies In modifications, of the Packaged System or other material made hereunder in actord with the copyright Instructions to be provided by A.'v1S. I 9, Continuation of Obligation I 1n the event of termination of this Agreement for any reason, such termination shall not relieve any party hereto of itsobligadons to observe, beepand perform fuUy aU covenants, terms andconditions herein contained on its part lobe observed, kept or performed prior or subsequent to the date of termination, and specifically, but not by way of limitation, shall not reUeve Licensee of Its obligations to keep the Packaged System confidential, and to deliver the Packaged System and other materials to AMC, as provided in paragraphs 6, and 7. hereof. 10. Severability { Should any provision of this Agreement contravene any law or valid regulation of any regulatory agency or self-regulatory body having jurisdiction over either party hereto, or should any provision otherwise behold invalid or unenforceable by a court or other'. ,dy of competent jurisdiction, then each such provision shall be auto. madcally terminated and performance thereof by both parries waived; provided, however that should such f provision reasonably be considered by eitherparty lobe an essential element of this Agreement, and the partie.;be unable to agree upon the terms of such alto native provision within ninety (90) days following the contravening provislon'sterminanon, then this Agreement may be terminated In Its entirely at the option of the party reasonably considering such contravening provision to be an essential element of this Agreement, which termination shall be effective upon the giving of notice thereof to the other party. it. Assign - nt and Sublicensing i Licensee shaU no!, directly or indirectly, seU, transfer, sublicense, assign in whole or in part, convey, pledge, encumber or otk.tml>t dispose of this Agreement, the Packaged System, or any right, duty or Ucense granted hereunder, without the prior express written consent of AIMS. 12, Successor and Assigns no covenants and conditions herein contained shall, subject to the provtAfons as to assignment, apply to and bind the successors and assigns of the pates hereto, j 13, Waiver I The waiver or modi$ca don by any party hereto of any term or condition hereof shall not void, waive or modify any other term or condition hereof. The faUure of any party to Insist, in any one or more Instances, upon the performance of any term of this Agreement shall not be construed as a waiver or relinquishment of such party's right to such performance or to future performance of such term. 14. Notices All notices and other communications hereunder shall be in wedng and shaU be personally delivered or maUedby first-class mail, postage prepaid, to the pardesat their respective addresses itt forth above, subject to the right of any party to change Its address by ten (10) days' prior written notice to the other party. If such notice is malted, it shall be deemed to have been given on the second (2nd) business day following the date of milling. i 13. Ooveming Law This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, as such laws are applied to contracts between Delaware residents entered Into and to be performed entirely within Delaware.' 1 w I 1e. Wro Agreemenl This on I nR cunstowit the Gnrl espn.,wn ca th,- ram^, alinement ngarding the Packaged System anJ is a romplctaand culusivestattmental the it Im, of that agreement and shall not h m,dlficd ar nncinJ,eJ, esttptM 3 Nriting signed by each rank hereto. Noti, lh~tanding any p"iaian% to the can!ran In am %obunlinale duce men Is a+r 0. here, nu pna IsiuM,+t in 1 •uh+rd Hate document al oral stuememta o(A%lS reprv-A-ntatlves W hKh are in addition to ur vnctmg,,Irni It ith or other%ise sary this Agee.menl shall be bindin(l upon AMS unless es pressl% agreed to In % rating b1. a corp+.rola orfieer ut AXIS, which wno ng 4Fot%nfKj2), lean to this Agr"nwnt and states that it is tnlcndid to amend, mid n ,r terminale this Agreement. F' li. Eshlhil Eshibit Ad tersh,d 11oesLI1% m.sde a part 1.111 hh Agreement as it (uI]V Included In the tell hereof. j IN W17NESS WHEREOF, the parties here;a hive ruculed this tgreemenl as of j 1V4 by their respecdve duly aulhorlud reprrsentaNves. AMERICAN MANACWENT SYSTEMS. INC. ni ICE\SEE) AMS") (LICE,NSM by. A AV Lei CY.M N-1_'_ IN me snd Title) (Name and Titles y i t i y a + f ~ ~ l'74>I :e f u , Y 1 t I J EXHIBIT A t TO AMERICAN MANAGEMENT SYSTEMS, INC. Proprietary Software Term License and Maintenance Agreement t. &MS shall grant to Licensee a license to use the following computer software components: h\ 1 I Local Government Financial System (LGFS) Plus Version ! IBM Od-Line Option Under CICS Fixed Assets Option 1 Performance Measurement Option ' e i ~ i s } i as specified In the following manuals, ` r LGFS Plus Pror,.•,res Vanual 1 { lA and as modified by Enh.ncements. R 2. For installation at the following location: City of Denton Computer Center Oenton, Texas t on the following computer(s): (manufacturer, mcdel, serial number); 4 ;i IBM 4330 - serial number to be specified i.,j i i or. In the event of failure of the designated computers at the above location, temporarily on the following computer(s) at the following location; to be specified f i Licensee agrees to notify ANTS of any changes in the deal, nated computers during the year within thirty (30) days after the end of such year. i i is .a .6 3. Fora Ifcense fee of $ 1 $000 for the Initial license term and fora license renewal fee of two (2) percent of the license fee for the initial license term for each full renewal term. The terms of payment are as fo:iows: {i 30% upon signing Contract and delivery of Managem?,t Gnide, Procedures Guide, Operations Guidc, and Data Entry Guide 50% upon delivery of packaged system and installation guide } 20% thirty (30) days after delivery 4. Together with the following additional documentation: (2 copies } LGFS Plus Management Guide LGFS Plus Operations Guide LGFS Plus Data Entry Guide ? GFS Language Reference Manual a x w, Additional copies o: these manuals may be purchased from AMS at its standard rates. 1 S. Together with training, assistance and support in using the Pafkaged System as follows: tt d Fifty-eight (58) staff days AMS installation assistance f ( will all aswdated trav bsis ence, ther S cost. addi Uceaseece and support &hill be provided by AMS nta timeaandoma erials basis at AMS' standard rates, ng, 3 Agreed to and initialed (Or1dentification by: es. i (Licensee) (Licensor) 1 3 4 i t I. i • AGDENpIM i0 i PROPRIETARY SOfiIrARE TEAM l1CEt15E AND fiAIn1ENANCE AOREEr~N1 r { Tnfs Add<rtdun aade by and between the C;ty of Denton, County of Senton, 13 t a political suDdivislon of the Statt or Ta as, Mun1N pal gulldtnq, Centon, Texas )6?D1, hereinafter referred to to Denton, and Aaertean H+nagta►ent Systems, incorporated, a Delarare corporation, with prlnctpal place of • ~ hu:fL~es, at 15:5 f,'~1sou g~uievara, nrlfngton, Ylrglnta ??209, hereinafter rtftrred to as AMS, ~ ~ aecriAL Denton and AMS entered into a Proprietary Soltwrt 1e~ License end ~ y ~ kaintanance Agreement on tht ,y,th day of 1~ay, 1982, (Mrelnafter reftrrtd • to as the Agreement), rtftrencts to the Agree~atnt being he nby r IN CONSIDERATION o1 tht aforementioned Agreesent, tM pertlts hertto agree to add the fo11ow1nq provisions: r 1, Nafntenanct Strrlcts. Paragraph 2a of the Agr,:eeent sMl) M eatnded to 1 recd es falloxs: AMS shall provide the Maintenance services described 1n subparagraph ?c of tht Agrtement fora ptriod of ~ testy e aanths (tM Inltfel Mai.,tenance • ~ Period"; DegSnnin9 on June 1, 1982 trlthout addttfonal charge to llcenset. E Maintenance Services, Paragraph 2d of the Agreemenl shell be aa►ended to ~r'ad as follows: Susptcted error conditions w111 be inwstlgated and corrected by AftS personnel at AMS's offices to the txtent possiblt. ►bwover, to tM extent that llcensnr gust travel to llcenste's facllftfes to investigate f F reported error licensor and ticenste agree as follows; A, licensor personnel shall txassint sold reporttd errors and gfre llctnsee a mitten description of the er~.r, cause and corrtctlon, 4 'f1. rf tht suspected error condition was attributable to a Cause other s than an error of the licensed Softxa~t or an enhanctevent thurtto ~ 6 ! Drovided by ltcensr,, thtn licensee sMli pay llttnsor for travel j ' II and ptrsonnel txpenses on a tia~e orb swterials basis, 1 I , i i i L l L. It the ss,spected error conaition was attributable to an error in the licensed Software or an enhanceoent provided thereto by licensor, licensee shall not be obligated to pay any travel or personnel expenses beyond the ongoing maintenance services then in effect. 3. Governing Law. Paragraph 15 of the Agreement shall be amended to read as follows: This agreement shalt be governed by and construed in accordance with the laws of the State of Texas, and the venue of any dispute shall be Denton County, Texas. 4, Payment Schedule, licensee agrees to pay for the packaged system io the ! following manner: ESTIMATED J AMOUNT DATE l4 A, Execution of a Contract d Delivery of $15,000 05/11181 Management Guide, Procedures Manual " Operations Guide, and Data Entry Guide ~ t { B. Delivery of Code Structure and Options $15,000 02/01/82 " Paper C. Installation of GfS and Completion of 535,625 04101/82 Best lost 0. Installation of tGFS Plus and licensed $3S462S 04/15/87 Software Operational E. Delivery of IGFS Manuals and Completion $15,000 06101/82 of Formal Training i F. Completion of first monthly Closing or $33,150 01/15/82 45 days of operation without major failure of packaged system 0. AMS Travel Expenses will be flleJ each As Incurred sonth as incurred. S. Price Ad ustnent. If at the data MI5 invoices licensee for packaged system the established price for the Packaged System shall be lower than the prices for such Packaged System listed on Exhibit A, then Licensee shall have the benefit of such lower P, S. MIS ay ties to prosplly { notify Licensee Of 811 such price C Jes. r 6. Implementation of AMS licensed Softwt~e. Subject to the terms of this section, AMS agrees to supply the required resources to mid and assist Denton In the implementation of 'At Packaged System acquired under this ~ t Agreement. i i r ^M 4}e f i ICI nr,u unaerstanab and agrees that Mr. Milliaa Mc Mary, Finance Director, City of Denton, Shall be the Denton Project Manager for c this Agreement. However, Mr. Mctlary does not have the authority to 3 ' bind Denton without specific authorizations of the City of Denton. 1 l (1) Denton will review each deliverable provided under this { i Agreement and either accept the deliverable in writing, which ' acceptance shall not unreasonably be withheld, or cite the deficiencfe% to AMS in writing within ten (10) working days j following delivery to Denton of said deliverable. (2) AMS agrees and understands that the Denton Project Manager shall be in complete control of this Agreement for Denton. S. AMS understands and agrees that Denton has retained the advisory services of LWFlf, Inc. (Dallas, texas) to aid and assist in the a implementation of the Packaged System acquired under this Atreeaxenl. C. Both formal and infors4l project sanagement procedures will be followed by AMS and Denton to maintain high standards of performance and quality in the development and implesentation of the system. Informal procedures include day-to-day contacts, verbal briefings, e and the like. Formal project management reporting procedures vill includa participation in monthly status meetings with the project team and monthly project status reports in writing, Progress ` reports will contain but not necessarily be limited to the following: (1) Progress during the past reporting period including significant accomplishments and/or sltestones reached. (2) Problems encountered, scheduled tasks hot completed and solutions arrived at or recoamended. (3) Anticipated prop, for tea next reporting perio.. (4) Anticipated prob :ms and solutions to such pro. es. (5) Disposition of + e actions requested to be tuv v by Denton. (6) An updated pr, .sct schedule reflecting progr%,s to date. D. In the event of sched-'e slfppages caused solely by AMS will take all actions within its control necessary to bring the project back onto schedule. These actions include but are nut limited to } evening, weekend and holiday work and allocation of additional sta'f at no additional cost to Denton. Schedule slippages caused by f ~f b ~ c others will relieve AMS of the obligation to maintain the schedule • set forth in (E) below. E. AMS will complete the AMS project tasks no later than the date shown { on the schedule below. The tlmety completion of Denton and L1FW f tasks is required to maintain this schedule. Some of these key project dependencies are shown with the responsible party (if other than AMS): 1 r DATE • (1) Execution of Contract (Denton) 05112181 Finalize Decisions on Attributes and 02/OL 82 System Options (Denton) ? (3) Installation of GFS and Completion of 04/01/82 Best Test j (4) Installation of LGFS Plus, making 04/15/82 j licensed software operational (S) Complete loadin of LGFS tables and options (Oentonl 05/01/82 c (6) Complete first monthly closing (Denton) 07/15/62 F. AMS has supplied Exhibit 8 as a Resource Utilliatlon projection as a y planning guide for future uses of Denton's computer system. G. AMS agrees to provide to Denton the following reports: (1) AMS Project Plan. (2) Description of attributes and system options to be used, (3) Monthly status reports (as described in Sc above). 7. Warranty, NIS warrants that the Packaged System licensed under this Agreement will operate on the computer hardware being acquired by Denton and recommended ty 1AS, A. IGFS Plus (Packag 1 System described in Exhibit A) has been designed and developed to I n on-line interactive so em. When LGFS is afj operating alone o ne hardware configuratic staiied below with the load specifier the Denton December 24, 080 Request for I 4. Proposal, two-this s of the error•fres transac ions should be , processed within t s seconds response timo. i r i M, i i 4. I (1) Hardware Configuration. IBM 4331 Model I Computer. o: I uantit Machine Tvae Model Descries 1 4331 JOI 1 Million Byte Processor 1 1278 A02 Display Console 1 3203 005 Printer (1200 LPN) 1 3310 AOl Disk Storage Drive (64 MB) 1 3370 A01 Disk Storage Drive (571 NB) 1 1 8809 A01 Magnetic Tape Unit I 8809 802 Magnetic Tape Unit 30 3278 002 Display Stations 3 3287 002 Printers (120 cps) I I 96•Coiumn Multi-Function Card Unit (2) System Software and Utilities; DOS/VSE Operating System VSE IPO/I_DC j DOS/VS Advanced Functions ' VSE Power I PF 1 IPCS DITTO CICS/DOS/VS COBOL Compiler RPG It Compiler 'Sort/Merge VTAM•ES ICCF CA-EARL CA-DYNAM/D CA-DRIVER VSAM/Space Manager Fast Copy VSAM a Transient Library 'l. Optimizing Compiler B. AMS L •eby agrees that the individuals lislad in Exhibit C, barring their resignation, disability or death, will it available for perfc manse of this agreement. (1) AMS may subs itute other personnel of equal or greater q slifications upon approval of the Denton fro -it Manager, which approval may not be unreasonably withheld. a i i 1 ' 1 f I { (2) In the event of unsatisfactory perforeance Or i , ►►approphfate conduct of any AMS employee or agent, the Denton project , Manager shall proaptly notify A45. Upon such notiflcatlon AMS shall show cause why such eeployee or agent should not be reassigned b by AMS to anon-Denton activity. C. AMS hereby grants Denton the right to modify the source code for "a . those nodules which generate reports without prior consent of ANS and without voiding the warranties and W ietanance services for the ` raeainder of the software license, DI Denton as a licensee of the packs ' ged Software acquired Mnundec shall be eligible to join the ANS LGFS Users' Group, 8- Malnte LOy AMS will send a t • oPY of tMlr tustores'•ssnrltq foo ,,r-T 'i~ (Demon's section oniy) to Benton at least bt-veekly.' ,t 's Conflict with License refs if ' v+Y ambiguity or conflict idles to , a + 1 the interpretation or antiYsit of this Adde7fd~~'erb Sofh~re Term License and Nalntanana tM ProprletI. I . ~ . AgreeeMnt0this ,ry 1+ • ' 3 , Dr'+re11, ndus IMF l' i 1 . a Ir, ~ + . , e }r1 . F 4 4 t y f L .'L• I n l ~ i F,f, ~ t t Ypff H•; ,q1 ~'.,e , k Y. 1 't r f r; r, 1 4~'f, . y + 1 . A M 1 J !N WITNESS WHEREOF the Partial hereto have executed this Addendum as the qty day of Utay, 1981, by their resin tfve duT a' representatives. y thorited j C1i AMERICAx KqM~EME14T CYST I 20 EMS, INC. y 1 CITY OF DENTON ByjO.~'r~~.. Chris Hartung, City Manager ATTEST: C~ ~a a an t1 ~ i ` APPROVED AS TO FOM: 0. ` C Tay1o , 4cftnto-rnoy- DATE: 1981 I { 1 Y 1 V F r , I ,F 8 fi X 1 1 ~ f YY ~ / i ~ ~ Y } I ~ ~V,~ } i f i. 1 ~.F J 47 ~ 2453L TT I r) NO. AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 670ld, VERNcV'S TEXAS CIVIL STATUTES, UPON PORTIONS OF MINGO ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NAS ET OTSTO ! EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE AND PROVIDING 1 FOR AN EFFECTIVE DATE. WHEREAS, Section 169(b) of Article 6701d, Vernon's Teas Civil Statutes, provides that whenever the governing body of t the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions j found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine ' and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street f or highway; NOW, THEREFORE, THE ~ • COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, Upon invest gat on eretoforeh made sas a thorizedg b eetheg and traffic Section 169(b) of Article 6701d, Vernon's Texas CivilvStatutes, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described in Section II. SECTION II. No motor vehicle shall be operated along and upon ngo oe within the corporate limits of the City of Denton in excess of the speeds set forth as follows: (a) Beg inning from Frame Street and going eastward to a I point 100 feet east of Ruddell Street, both directions, for a total distance of 0.568 miles, approximately, a maximum speed of 35 MILES PER HOUR. a i i t (b) Thence continuing along Mingo Road to a point 50 feet east of Old North Road, both directions, for a total distance of 1.222 miles, approximately, n maximum speed of 40 MILES PER HOUR. (c) Thence continuing along Mingo Road to the east side of Cooper Creek Road, both directions, for a total distance of 0.616 miles, approximately, a maximum speed of 45 MILES PER HOUR. SECTION III. That the City Manager of the City of Denton, Texas is hereby - authorized to cause to be erected appropriate signs indicating such speed zones. S£STION IV. That any person violating any of the provisions of this ordnance shall be deemed guilty of a misdemeanor and y: { upon conviction thereof shall be fined in any sum not to exceed f Two Hundred Dollars ($200.00). ti SECTION V. That tl,'s 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 to the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, i PASSED AND APPROVED this the day of , 1988. ICAY A j ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY :j CITY OF DENTON, TEXAS l BY: PAGE TWO v r 6LJ Fil PAS" t 1 / L R f Y y i a CTSSC AGENDA June 2, 1988 page 2 processes, did not inquire as to the possibility of i obtaining this type of a variance. Ordinances i made to be complied with. If they are to oe waived for reasons such as th en a vital instrument in the art of c anning and governance is being misused. Staff E y opposes this request and therefore r ends denial. jxx ITEM 13 RE UEST FOR SPEED ZONING ORDINANCE FOR MINGO ROAD CREEK: Fa Mh blKtrr TO COOPER Mingo Road is zoned for speed as follows: i a. Beginning from Frame street and going eastward to a point 100 ft. east of Ruddell street, both " i directions, for a total distance of 0.568 miles, 35 mph; b, and from thence, to a point 50 ft. east of Old I North Road, both directions, for a total distance of 1.122 miles, 40 mph; C. and from thence, to the cast side of Cooper Creek Road, both directions, for a total distance of 0.616 miles, 45 mph. The above speed limits have been set to conform with the driving habits of the normal and prudent driver. Staff recommends approval. ITEM 04 REQUEST FOR DRIVEWAY VARIANCE ON VINE STR eY MR. CXRKtLL: Mr. Carrell is requesting a varta a to widen his driveway by 4.S feet. The exis ng driveway is 16 feet wide. The purpose, he a wined, is to provide additional maneuvering room r him and his guests to park. Both Vine and Colle streets are local streets and the two streets ve "no parking" on both sides. This implies at off-street parking should be provided for 1 the buildings in the area. Because of the "n parking" on Vine street and the enerai lack of n-street parking in the area, staft~ feels that r, Carrells request has some merit. Staff i stigation has shown that the additional width ill not create any traffic hazards rather it will i i I i CTSSC MINUTES June 6, 1988 Page 4 John Tompkins said he recalled P similar ca reviewed two years ago and the commission t it down. E STAFF RECOMMENDATION: Denial of request COMMISSIONERS: John Tompkins mad motion to deny the request of a W driv proach. Doug Chadwick seconded E the motio Motion passed unanimously to deny the re st. (S-0) Commissi s asked that Item 94 be heard before Item M3 to acc ate Mr. John Carrell who was present to present his quest. ITEM i3 REQUESTFOR SPEED ZONING ORDINANCE FOR MINGO ROAD k . rx9R -$rt r T : Paul Iwuchukwu presented the commissioners with a a traffic speed study and recommended the following speed zone. Mingo Road is zoned for speed as follows: as Beginniag from Frame street and going eastward to a point 100 ft, east of Ruddell street, both } directions, for a total distance of 0.568 miles, 35 mph; j b, and from thence, to a point SO ft. east of Old I North Road, both directions, for a total distance of 1,222 miles, 40 mph; C, an-i from thence, to the east side of Cooper r Creek Road, both directions, for a total distance of 0.616 miles, 45 mph. The above speed limits have been set to conform with the driving habits of the normal and prudent driver. ` STAFF RBCANW1191,19W Approval COMMISSIONERS: Doug Chadwick made a motion to approve the speed zones as indicated above on Mingo road, Virginia Gallian seconded th, motion. Motion passed unanimously. i f 4 i Y 1 Q r ~ ~oo~® o L w MIA © i Ell DO 1©000 w a®CL I M n i JzIll C y T i Y 1135 j 7 j C { J DATE: SEPTEMBER 20, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council , FROM: Lloyd V. Harrell, City Manager SUBJECT: R.F.Y. No. 9861 ARCHITECTURAL SERVICES FOR SENIOR CENTER EXPANSION r RECON14ENDATION: We recommend the architectural service be li awarded to NPH Architects, Norman P. Hatfield owner and principal architect, for the total of $47,250.00. SUMMARY: The R.F.P. was sent out to over fifty prospective professionals who had requested proposals. We received twenty- eight completed replys. These twenty-eight were evaluated using the proposal criteria selecting seven of the twenty-eight. These seven were invited to the Senior Center, interviewed and shown the facility. They were also reviewed as to the basic requirements in the expansion. We then narrowed the list to three from which one was selected, who is recommended to be the best qualified professional group to complete these services. Added criteria include being the principal architect when the building was built and including the services of a most capable commercial kitchen consultant, which we considered as necessary. The Committee selecting this professional included John Marshall, Steve Brinkman, Bruce Hennington and others of the Recreation Staff. The Parks and Recreation Board met at 5:30 p.m. 9/13188, and recommended approval of NPH Architects for this project. j BACKGROUND: Minutes of Parks and Recreation Board Meeting. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Completion of sc e u e pro ecta, Parks an Recreation Department, and the Senior Citizens of the City of Denton. FISCAL IMPACT: There is no additional impact on the General Fund. Respectfully submitted: ~J oy dvV. acre City Manager Prepared by: awa: John J. Marshall z: Title: Purchasing Agent F Approved: ,t Rams: John Marshall Title: Purchasing Agent t: 1 I I I t I 1 I I t t I,~ IID 1 A.1,/, 9861 I I I I I I 1 I 1 I t l ..................I 1 I I I 1 I 1 ! I f I` 9. 111 TIRE }ENIDA RiiER EIPAMSIOM I I I 1 I I I I I I 1 1 ...........................................-_....1 I I I I I ! i I OPEMEI NAf 19. 1911 I I I I I I I i 11 t ....._....1 I 2 r I 1 I I I I I 1 6C[OVM11 • I 1 I 2 I ! t 1 I S I 6 1 t f 1 1 9 I 11 I 11 I ---......_..._...........I..........._..I._..._......._I....._........I.............. I..............I........ ._..-•t•--°•---•---•I°---....... L.............L 6..............i I I 1 1 I I I t I I 1 1 I 1 I IDf I IfEN DESCRIPI104 I VENDOR I VEMON I VENDOR I VENDOR I VENDOR I' VENOOA I VENDOR I VENDDN I VENDOR 1 VENDOR I YENDOtI I 1.......•_I ................................I..............I........ 1....... I VENDER I 1 I VENDER 1 1 i.............. i .............i..._....._... , i I I I 1 I I I I 1 I I I I 1 I I I I 1 1~ I 1 11 1 1s 1 10 1 Is I IS I IS I 49.ODO I A f 9 I 1,00 I I.15 1 11,250 I I I I I I 1 1 I I i I 1 1 2 w t t 12 t ES 1 10 1 Is I Is I Is 1 12,500 1 f11 I 9 I 1,50 1 1.90 1 11,201 I i I I 1 t 1 I ! [ I I t i ,I I I 11 I I! S 10 I IS 1 10 1 10 1 19,000 I 1 1 R I 1.00 1 6,213 1 41,625 1 f t I 1 I I I I I I J I f 1 I I 16 I Is 1 ID 1 s 1 is 1 l3 1 34.000 I 0 I f I S•10 1 5,11 1 31,000 1 I 1 I I I 1 I I 1 I : I I f I I 1 I IS 1 10 1 IS I Is I IS 1 66.500 1 9 I M I LSO i I,SO 1 39,500 1 I I I 1 I I I I I I I I I 1 1 f 2 f IS I 10 1 Is I II 1 10 I 42.00 1 0 1 A 1 ' L00 1 6.00 1 42,000 1 1 I I I I ! 1 I 1 1 I I I t I I 21 I 15 1 10 1 I! I IS t 11 149.000170. I I f 11,00!10.00 1 1.00 1 49,000 ii . A ( ll{ h. L l . a n i Wcaaainn CITY of DENTON$ TEXAS Civic Contor/ 321 E. McKlnnoy/ Denton, TX 76201 k" Minutes of the Joint Meeting of the Parke and Recreation Advisory Board and 5 YI the Senior Center Advisory Committee i 500pm, September 13, 1988 E Parks and Recreation Advisory Board members present weret Carl Anderson, Chairman Dalton Gregory, Vice chairman Roy Appleton III Catherine Bell Rita Pilkey Members of the Senior Center Advisory Committee present weres Pete Chumbley Vera Jamison r~ Ruby Puller John Parker Betty Johnson 1 H. L. Drupe + i City staff present were3 Steve Brinkman, Director of Parke and Recreation 3 Bruce Henington, Superintendent of Building Operations John Marehall, City Purchasing Agent Chris Smith, Administrative Assistant, Parke and Recreation Joy sesch, Senior Secretary, Parka and Recreation Beth Stribling, Leisure Services Administrator Diana Peres, Supervisor, Senior Center The meeting was called to order by Steve Brinkman who introduced Nor,,an P. v.;` Hatfield of NPs and Associates, the firm proposed by City staff for the expansion project of the Senior Center, ~J r~ pl ' ~ • • ~ ~alional ~altl ~,~lea!al ~iorahd ~'i%n_su~t ~ Denton Parka andRecreat/on / Denton, Texas / fe! 7J AAf•6~70 , • E 4 k i 1 i Mr. Hatfield gave a synopsis of his qualifications and then asked for questions and concerns from those present. John Marshall handed out copies of the proposed contract for design services and said the plan is to present the contract to the City Council for approval on September 20. After mach discussion, Dalton Gregory moved that the Board support the i selection of NPH and Associates for the expansion of the Denton Senior Center. The motion was seconded by Catherine Bell. The motion was passed unanimously. .a ~a a ~ r 1 .,A I ,11., Ib 1 LY .i S a ~~a 1~' 3a JI tr~+l - ,4 s ar { of i e_ 1 a I a I ' , r tc'.~. I 2483L N0. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NPH, INC. (d/b/a NPH ARCHITECTS) FOR PROFESSIONAL ARCHITECTURAL fi SERVICES RELATING TO THE DESIGN AND CONSTRUCTION OF AN ADDITION { TO THE DENTON SENIOR CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: J SECTION I. That the Mayor is authorized to execute an lI agreement etween the City of Denton and NPH, Inc. (d/b/a NPH Architects) of Carrollton for professional architectural services relating to the design and construction of an addition to the Denton Senior Center, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expen ture o -funds in the manner and amount as specified in the agreement. 47 SECTION III. That this ordinance shall become effective imne ate y upon its passage and approval. a PASSED AND APPROVED this the _ day of , 1988. "w RAY j MAYOR St i i ry ATTEST: i TEERRYINEAR79ALTERS, CITY 9ECRETARY APPROVED AS TO LEGAL FORM. 3 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEI f BY. f 24d3L THE STATE OF TEXAS 5 AGREEMENT BETWEEN THE CITY OF DENTON AND NPH, INC. (d/b/a NPH ARCHITECTS) COUNTY OF DENTON 5 OF CARROLLTON, DENTON COUNTY, TEXAS This Agreement made as of the day of September, 1988 between the City of Denton, Texas, Hereinafter referred to as 'Owner' and NPH Architects, hereinafter re_`4rred to as 'Architect' for the following Project; City of Denton Sen:ur Center Addition, The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S PFSPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Archi- tect's consultants as encmerated in Articles 2 and 3 of this Agreement and any other services included in Article 11, i 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with the highest degree of profeeaional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the 3 Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, and any adjustments to this schedule shall be mutually acceptable. 1,1.3 The services covered by this Agreement are subject { to the time limitations contained in Subparagraph 10.4.1. A y ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION r 2.1.1 The Architect's Sasic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services 1 w i i+ t identified in Article 11 as p,rt of Basic Services, and include without limitation normal structural, mechanical and electrical engineering services and any other engineering services neces- sary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2.4. 2,2 SCHEMATIC DESIGN PHASE 2.2.1 a Architect in consultation with the Owner shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2,2,2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. ; 2.2.3 The Architect shall review with the Owner alter- native approaches to design and construction of the Project. x.2.4 Based on the mutually agreed-upon program, sche- dule and construction budget requirements, the architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 3.2.5 The Architect shall submit to the Owner a prelimi- nary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establish an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, ti schedule or construction budget, the Architect shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appro riate► which shall comply P with a 11 applicable laws, statutes, ordinances, codes and regulations. 2.3,2 The Architect ahsll advise the owner of any adjust- mente to the preliminary estimate of Construction Cost in a further ietailed Statement as described in Paragraph 2.2.5, PAGE 2 f 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved decsopigen or uali Deqvelopmeyntof DothceumPenrt- and any further adjustments in the st os ject or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Pro- ject, which shall comply with all applicable laws, statutes, R ordinances, codes and regulations, 2.4.2 The Architect shall assist the Owner in the prepa- ration of the necessary bidding information, bidding furms, the Conditions of the contract, and the form of Agreement betwien the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjust- ments: to previous preliminary estimates of Construction Cost in- dicated by changes in requirements or general market conditions. a 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the project. i 2.5 BIDDING OR NEGOTIATION PHASE ! 2.5.1 The Architect, following the Owner's approva of } Construction Documents and of the latest preliminary l tithe 1 of Construction Costs shall assist the Owner in mobtainingbids 8 f or negotiated proposals and assist in awarding and preparing ` contracts for construction. f 2.6 CONSTRUCTION PHASE - ADMINISTRATION OP THE CONSTRUCTION CONTRACT 2.6,1 The Architect's responsibility to provide Basic Ser- vices for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subparagraph 9.3.3. 2.6,2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edition of AIA document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement, 2.6,3 Construction Phase duties, responsibilities and limitations of authority of the Architect shall not be PAGE 3 i F~ restricted, modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) as an Additional Service at the Owner's direction from time to time during the warranty period described in the contract for Construction, i.e. one year. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be in aa:ordance with the Contract Documents. On the basis of on-site observations as an archi- tect, the Architect shall keep the Owner informed of the pro- gress and quality of the Work, and shall exercise the utmost G care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect represents that he will follow the highest professional standards in performing all services under this Agreement. Any defective designs or specifications furnished by the Architect will be promptly corrected by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations o, the Owner's rights hereunder. 2.6.6 The Architect shall not havo control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents ;j except insofar as such failure may result from Architect's acts or omissions. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons ` performing portions of the Work. ` 2.6.1 The Architect shall at all times have access to 1 the Work wherever it is in preparation or progross. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through PAGE 4 1 ' the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2,6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Archi- tect's observations at the site as provided in Subparagraph 2.6,5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Con- tract Documents. The foregoing representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the ' Architect. The issuance of a Certificate for Payment shall E further constitute a representation that the Contractor is entitled to payment in the amount certified. How , ever, the issuance of a Certificate for Payment shall not be a represen- tation that the Architect has (1) made exhaustive or continuous on site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum, 2.6,11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for Implementation of the intent of the Contract Docu- menta, the Architect will have authority to require additional inspection or testing of the Work in accordance with the pro- visions of the Contract Documents, whether or not such Work is j fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6,12 The Architect shall review and approve or takd other appropriate action upon Contractor's submittals such as Shop Drawings, Product .1ata and Samples for the purpose of (1) compliance with applicable laws, statutes, ordinances and codear and (2) determining whether or not the work, when completed, PAGE 5 1 i S'. will be in compliance with the requirements of the Contract Documents. The Architect's action shall be taken with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judg- ment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or perfor- mance of equipment or systems designed by the Contractor, all of which remain the respo W bility of the Contactor to the extent required by the Contract Documents. The Architect's ` r unless eview shall not constitute approval of safety precautions or, i constructionrwimeansi,ecimethods# stated by es, he sequences or procedures. The Architect's approval of a specific item shall approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Ordets and Construction Change Directives, with supporting documen-.ation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.31 for the owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1 2.6.14 On behalf of the Owner, the Architect shall conduct inspentions to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contact Documents and assembled by the Contractor and shall issue a final certificate for Payment. 2.6.15 The Architect shall interpret and provide recom- mendations on matters concerning performance of the ^wner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contract. The Archi- tect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the PAGE 6 r i 1 f { form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful per- formance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpreta- tione or decisions so rendered in good faith in accordance with all the requirements of the owner-Architect Agreement and in the absence of negligence. 2.6.17 The Architect shall render written decisions with- in a reasonable time on all claims, disputes or other matters j in question between the Owner and Contractor relating to the " execution or prog►ess of the Work as provided in the contract Documents. 2.6.18 The Architect (1) shall render services under the i Agreement in accordance with the highest professional standards prevailing in the metroplex area; (2) will reimburse the Owner for all damages caused by the defective designs the Architect prepares; and (3) by acknowledging payment by the Gwner of any fees due, shall not be released from any rights the Owner mty have under the Agreement or diminish ,ny of the Architects obligations thereunder. 2.6.15 The Architect shall provide the Owner with one set of reproducable prints showing all significant changes to the Construction Documents during the Construction Phase and shall also provide the Owner with one set of reproducible as-built Drawings for the Owner's file. r , i x ARTICLE 3 s ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 2, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. PAGE 7 i Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION SEYOND BASIC SERVICES j 1 3.2,1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect j shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further pro- tection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3,1 making material revisions in Drawings, Specifications of other documents when such revisions are: 1, inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due .o changes required as a result of the Owner's failure to render decision in a timely manner. II 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. PAGE 8 Ii 4 I 1 i 1 1 3.3.3 Preparing Drawings, Specifcations and other documentation and supporting data, and in connection with Change Orders proividing other services Directives, and Construction Change Work3dama Providing consultation concerning replacement of g ed by fire or other cause during construction, and S furnishing services required in connection of such Work. with the replacement # Of the3Contra tor, by majorcdefectse oredefici ncies in the default of the contractor. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. ~ y ` 3.3.7 Providing services in connection with a hearing, arbitration proceeding or legal proceedin public where the Architect is party thereto. 9 except e aring documents for alternate, separate or sequential br ids or bidling, negotiation oproviding vices in connection with the Construction Documents Phase, prior to the completion of 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4. comparative studiesnof planning surveys, site evaluations or prospective sites. t 3.4.3 Providing special surve s j and submissions required for app y s environmental studies orities or others having jurisdiction of governmental auth- 9 jurisdiction over the Project. ' 3,4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing condi- tions or facilities or to make measured drawings thereof. ,M1 3.4.6 Providing services to verify the accuracy of draw- ings or other information furnished by the Owner. 3.4.7 Providing coordination of construction eor by separate contractors or by the owner's own forces andreoorddina- tion of services required in connection with construction performed and equipment supplied by the Owner. PAGE 9 4 i a constructionvg services in connection with 1~=, Owner. manager or separate consultants the work re etained by the he f 3,4,9 Of Providing detailed t j material, equipment and labo Quantity serve s Y or inventories f 3.4.10 Providing analyses of owning and operating costs, vice 1.4-11 riinterior u installation of design and other -qired for or in connection with similar ser the selection, pro- ceequrement ipment, in furniture, furnishings and related 3.4.12 Providing services for plannin spaces. g tenant or f rental 3.4.13 making investigations inv j or equipmenu, or valuations and detailed atPporrlaies of facilities, materials sals of existing 3.4.14 Providing assistance ment or systems such as testin in the utilization of ration of operation and 4, adjusting a 4 prepa- equip- n. for operation and mainte ancetand consultationtduring raining io p ger rstionnel e 3.4.15 Providin p a non, the final Certificate for Payment, or Certificate , or insthecabsen eh ofOaner final of for P aYmnt, more than 60 da Substantial completion of the Work. Ys after the date of e 3.4.16 Providing services , other than 4; architectural, structural of consultants for portions the Project ' mechanical and electrical engineering provided as a part of Basic Services, 3.4.17 Providing an included in y other ' t accordance with is Agreement or services not otherwise ~ general l acts tednarchitecturallY furnished Y P in 3.4.19 Preparing a set practfce, showing significant changes in the Work made during record drawings based on marked-up prints, drawings and other data furnishediby the contractor to the Architect. (This is for drawings prepared in addition to those called for in Section 2,6.19,) ' ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding requirements for the Project, including (l) the Owner's PAGE 10 i objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, as more specifically described in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. k 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized 1 to act on the Owner's behalf with respect to the Project. The E Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly j and sequential progress of the Architect's services. , 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and f adjoining property and structures; adjacent drainage; rights- of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning avail- able utility services and lines, both public and private, above and below grade, including inverts and depths. All the infor- mation on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for antici- pating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not retained by the Architect as part of his Basic Services. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous PAGE 11 I 1 materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The owner shall furnish all legal, accounting and I insurance counseling services as may be necessary at any time I for the Project, including auditing services the Owner may i3 require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used 1 the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Architect. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifi- cations requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at a least fourteen (14) days prior to execution. The Owner shall i not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market condi- tions at the time of bidding and fo: changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. PAGE 12 ;i 5.2 RESPONSIBILITY FOR CONSTRUCTION 5.2.1 Evaluations of the Owner's Project budget, pre- liminary estimates of C9nStrUction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, repre- sent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Con- tractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget jl or from any estimate of Construction lost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, j proposal or establishment of a Project budget, unless such ! fixed limits has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what s materials, equipment, component systems and types of construc- tion are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not com- menced within ninety (90) days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are 3 sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in subparagraph 5.2.3) is exceeded b the fide bid or negotiated proposal, the Owner shall: lowest bona h; ' 1. give written approval of an increase in such fixed limit; 2. authorize rebidding or renegotiating of the Project within a reasonable timer 3. if the Project is abandoned, terminate in accordance with Paragraph 7.31 or PAGE 13 f i i . i I 4. cooperate in revising the Project scope and quality as required to reduce the Construc- tion Cost. 5.2.5 If the owner chooses to proceed under Clause 5.2.4.4. the Architect, without additional charge, shall modify the con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not I the Construction Phase is commenced. i ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, { SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications an= other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect' a Drawings, Specification or other documents shall not be used by y the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the t Architect is in default: under this Agreement, except by agreement in writing and with appropriate compensation to) the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publica- tion in derogation of the Architect's reserved righte. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. PAGE 14 ~ 1 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. f when the Project is resumed, the Architect's compensation shall { be equitably adjusted to provide for expenses incurred in the j interruption and resumption of the Architect's services. 11 7.3 This Agreement may be terminated by the Owner upon i not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days the Architect or the Owner may terminate this Agreement by giving i written notice. "i 7.4 Failure of the Owner to make payments to the Archi- tect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the owner fails to make payment to Architect ` within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven 0) days of the date of the notice, the suspension shall take effect without further notice. In the event of a 6 suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 in the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination. a ARTICLE 8 MISCELLANEOUS PROVISIONS 8,1 This Agreement shall be governed by the laws of the State of Texas. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and Architect, respectively, bind them- selves, their partners, successors, assigns and legal represen- tak Ives t a o the partners, successo sheassigns and legal representatives of such other party with respect to all covenants of this Agreement. PAGE 15 J t i t 1-. f. t, Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agreement between the owner and Architect and supersedes all prior negotiations, representations or agreements, either j written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the owner or Architect. 8.6 Unless otherwise provided in this Agreement, the ` Architect and Architect's consultants shall have no respon- sibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in ' any form at the Project site, including but not limited to j asbestos, asbestos products, polychlorinated biphenyl (PCs) or other toxic substances, provided, however, Architect shall have the responsibility to and shall report to the owner the location of any hazardous material that an Architect of similar skill and expertise should have noticed. « 8.7 Upon receipt of prior written approval of Owner, the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confi- dential or proprietary, The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. PAGE 16 r~ r 9.2 REIMBURSABLE EXPENSES i 9.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the following Clauses. 9.2.1.1 Expense of transportatLon in connection with the j F:ojectj expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2.1.2 Expense of reproductions, posta of Drawings, Specifications and other documents9e and handling 9.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 9.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. limits2sl.!l dinnse of additional insurance coverage or g professional liability insurance, requested by the Owner in excess of that normally carried by the Archi- tect and Architect's consultants. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 Subsequent payments for Basic Services shall be { made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 10.2.2. 9.3.2 If and to the extent that the time initially estab- lished in Subparagraph 10.4.1 of this extended through no fault of the Architects c mpensationefordany services rendered during the additional computed in the manner set forth in Subparperiod of agraph 1Ot2.3.sha11 be 9.3,3 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those ortion of the Project shall be payable to the extent services care performed on those portions, in accordance with the schedule set forth in Subparagraph 10.2.2 based on (i) the lowest bona r fide bid or negotiated proposal, or (2) if no such bid or i proposal is received, the most recent preliminary estivate of Construction Cost or detailed estimate of Construction Coat for such portions of the Project. PAGE 17 ti i I P' 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES { 9.4.1 Payments on account of the Architect's Additional k Services and for Peimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. { 9.5 PAYMENTS WITHHELD 9.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or cn account of the cost of changes in the Work other than those for which the Architect is responsible. 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment. ARTICLE 10 BASIS OF COMPENSATION a The Owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION k 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Services, Basic Compensation shall be: calculated as 6.751 of the construction cost. 10.1.2 Progresa payments for Basic Services in each phase shall total the following percentages of the total basic ` Compensation payable: Schematic Design Phase; fifteen percent (151) Design Development Phase: twenty percent (201) Construction Documents Phase: forty percent (401) Bidding or Negotiation Phase: five percent (51) 1 Construction Phase: twenty percent (201) Total basic Compensation: one hundred percent (1001) PAGE 18 R I f is I I 4 ` 10.2 COMPENSATION FOR ADDITIONAL SERVICES L V1 10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2,2, compensation shall be computed as follows: On an hourly rate basis, based on Article 10.2.2. 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 11, other than (1) Additional Project Representation, as described in Paragraph 3,2, and 12) services included in Article 11 as part of Additional Services, ! but excluding services of consultants, compensation shall be ;Y computed as follows; Principals $80,00 per hour Other Employees 2,5 times direct personnel expense 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3,4.16 or identified in Article 11 as part of Additional Services, a multiple of one and two-tenths (1.2) times the amounts billed to the Architect for such services. ` F 10.3 REIMBURSABLE EXPENSES 10.3.1 FOR REIMBURSABLE EXPENSES, as described in Para- graph 9,2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of one and two-tenths (1.2) s times the expenses incurred by the Architect, the Architect's ) employees and consultants in the interest of the Project, 10.4 ADDITIONAL PROVISIONS 10.4e) IF THE BASIC SERVICES covered by this agreement have not been completed within twelve (12) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as I provided in Subparagraphs 9,3.3 and 10.2.2, ti 10.4.2 Payments are due and payable from the date of the Architect's invoice. Amo (30) days unid thirty (30) days after the invoice date shall bear intere staat the rate of one percent (It) per month. { PACE 19 v 1 I l[ i i I N ' f 1 i 1 i E i ARTICLE 11 OTHER CONDITIONS OR SERVICES k (Insert descriptions of other services, identify Additional I Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) r I ,z This agreement entered into as of the day and year first written above. CITY OF DENTON, TEXAS, OWNER NPH ARCHITECTS, ARCHITECT ~i BY: BYO RAY STEPHENS, MAYOR M.N P. T llf JR. 3 j ICI AI , PRESI E The Texas Board of ` ATTESTS Architectural Examiners 8213 Shoal Creak Boulevard Suite 1070 Austin, TX 78758 has jurisdiction over indi- viduals licensed under the ° 311AN FER WALTERS, CITY SECRETAR Architects Registration Law , 1 1 Article 219a, V.T.C.S. l APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYt f PAGE 20 1 F~ r, f k i i i j i , x WrTTT" ;r I { s. 1 b ~ ye J 1.. 1 1 4 NII 1 14-4 1 Y i I A~ I Now, t Yr. ( LV CITY OfDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.8200 J4 MEMORANDUM DATE: September 16, 1988 TO: Rick Svehla, Deputy City Manager FROM: F. David Ayers, Engineering Tech Il SUBJECT: Teasley Lane Construction between 135 E and Dallas Dr Mayor Stephens and myself visited the businesses in this area. We received input from each individual on two options in which to approach the construction process. The first option is a partial closing of Teasley Lane. We informed the business owners that access to their site would be restricted. Secondly, this process would take approximately six (6) months due to poor weather that we have traditionally experienced in January and February, Thirdly, this option creates a safety problem for the motorist, At times, the contractor may have to cross lanes of traffic. This would hz. involve a stoppage of traffic by use of a flagman and cause . realer risk for e-eryone concerned. Only one (1) of the n businesses c:,se thin option. (See attached letter,) The second option that is available involves the complete closure of Teasley Lane. This option provides the contractor with a much less congested work area which would ease the entire construction process. The contractor would move in to the construction area on October 1, 1988 and have full access restored to the businesses by mid December. A majority wou(selvdenbteeentheoubteof nineteen) of r of the two businesses this method We have received a letter from Bill Cheek of Jagoe Public Construction Company (the low bidder) that states if he is allowed to close Teasley lane and begin construction at once, excluding out-of-the ordinary weather conditions, he could have full access restored by mid December, ! After speaking with the business people of this area, the Engineering Division would recommend the second option 4(compleee re) and awa rd the bid to Jagoe Public. i 4 i i f TEASLEY LANE SURVEY j (Sept. 1S, 1988 Survey Taken) I f BUSINESS/CONTACT CLOSE LEAVE OPEN UNDECIDED Best 1 Hr Cleaner (Koo Lee) 1 Video To Go (Ernie Larson) 1 What's the Scoop? (David Napfa) 1 Echo Car Stero (Eddie Roodi) L Little Ceaser's Pizza (Chip Knighton) 1 Boydston Foods (F.R. Boydston) I Rusty Razor (Chuck Trice) 1 7-11 Dallas Dr (Lisa Druner) 1 7-11 I3S E (Lisa Druner) 1 a Winn Dixie (Jess Pollock) I E The Family Doctors 1 (Dr. Scott & Dr. Gorman) La Colina (Liz Taylor) 1 V.I.P. Travel (Bill Johnson) I Salads f, Such (Ramona Pfassly) 1 ' N T Chiropractors (Dr Rupert) 1 i Allstate (John L Gardiner) 1 Woodhill Apt. (Debbie Masck) I Denton Square Athletic Club 1 d Mutual of Omaha (David Guillot) 1 TOTAL 16 1 1 Y 0593E ,j i i r J i i' i AScc` SuN/'av~✓~ r~eE .4oe?.VS ZICW4WY el'kwt£ CcMMCr-14f Dmere4e/ ` B sSPN/~17' ¢/4~+//,ao Jy4 P~B¢JG9 ¢94z/doo 41 ~VfPg: 6 ~q rFagC7 364 73~. a~ 342 ¢ 4 sod xlr. ~9 ~:~i7so o i 7d~Cavc~~rf •~~fJP19. Sa/,9RR,oa Of'o,/d!Co 398 91, Z) 48;¢G _ _ - ~si?9 f~ Q7~zZ9o0 y /pq.Le J9t 7I1.¢E Ovv PJ1.z~ eo oe✓t ~Arrs BSA.rr roo11.rJ ~ g~Oravxr ¢2iyi/eo a19990a~ srY.zrrc9 sr~G~L.oa . doorKr Eba•,w e~rcrrr ieoo.~~cr c °r~lra~lACr J9~ d ►6. rb 989, JzG.zOE 7JAG9 sJ~'rQ/. •Q - d t Onrt iie avert wo A* et SN A,-Wr-1 9bAcwa 7'4641Kdra 6r/dJZ,9,2 JBe eo /8.1.60 ¢ G91L ?d; I6/ elf s'a•rncar~+ ` ig i1~! tt srt f3<, e1 kg 4b9 i0 4i~>1Y.0`L soe S+.fsr. t . 1 I } i i' j 1 N 1 i Ir 1 I f AMERICA,a ACADEMY AMERICAN BOARD Of FAMILY OHY'SICI•NS Of IAMIIY fRACIICf i BRENTE.GO FFr.N,D.O. THE FAMILY DOCTORS WOODHR:BOUAME RANDY L. PARK, M.D. auITE )DO 1106 JOSEPH M. SCOTT, M.D. DE%T NTON. TEM TFK DRIVE S 7B:OS Y I September 16, 1988 (BI n 5*5010 r Mr. Ray Stephens Mayor City of Denton 215 E. McKinney M Denton, TX 76201 Dear Mayor Stephens: After meeting with Mr. David Ayers, Denton's En,;inearing and Plan Reviewer, on September 15, 1988, it was recommended that we write to you to express our concerns. Hopefully, you will take these concerns to the City Council and be our voice there. Mr. Ayers stated that there were two possible routes that could be taken in the widening of Teasley Lane from 2 to 4 lanes. He asked for our input and we expressed severe concern that Teasley Lane remain open to traffic, even though we realize that it would be limited traffic, during the construction. We understand that it would be easier for the contractor to just close the street completely during the construction but we feel that this would ` be extremely detrimental to our business. We rely on viaebillty and, quite simply, could not afford the devastating blow that the complete closing of Teasley would cause to our business. 4 Hopefully this will be considered and we loof forward to the favorable determination by the City Council to keep Teasley Lane open during construction. Thank you for your consideration. Sincerely, Jo ~k f , heph M. Scott, M.D. The Family Doctors JMS:cs ect David Ayers 'I 4 ( T ,-~--"`rte _ ~ _ _ _ _ _ _ _ t l I i 9 t r i ' CITY of DLNTON, TEXAS MUNICIPAL BUILDING 1 DENTON, TEXAS 76201 1 TELEPHONE (817) W43309 Office of the Mayor *f 'Qt rli ~ ~•t. MEF10RANDUM TO: Members of the City Council FROM: Ray Stephens, Mayor DATE: September 16, 1988 u. SUBJECT: Teasley Lane Construction l received a phone call today from Buddy Ojeski, owner of the Winn Dixie, voicing his support for the Teasley Lane construction project. Mr, Ojeski stated that Winn Dixie would cooperate completely with the City of Denton on the closing of Teasley Lane while it was under construction. Ray S p .ns „ Mayor 29 66C k t P f r .r ~i, u ~ r ' E F r l P` i CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TrXAS 76201 TELEPHONE {817) 566-8200 MEMORANDUM { DATE: September 8, 1988 T0: Pick Svehla, Deputy City Manager FROM: Jerry Clark, City Engineer SUBJECT: Teasley Lane - Bid No. 9890 Seven construction companies submitted bids on September 1, on the Teasley Lane Project. This several alternatives Including a pcollectorasstrbid eet c versusrian arterial street pavement. The second alternative was the method of construction. The preferred and low bid method was the preferred method which recelved the low bid from the { contractor allowing the road to be shut down from 135 to Dallas Drive. All businesses in the area have access. The bid was spec with a 60 day work day maximum. The main intention of this method of construction was to get the contractor in and out as quickly as possible. The second alternative would allow the contractor to construct the road while maintaining traffic s ` through the project. The method of construction for this most likely would be to build the outside lanes of the four lane divided section while maintaining traffic on the existing two lane state road. This could have conflicts as the state road will encroach into the outside two lanes in several locations. Also due the tightness of this and the fact that it is not being completely developed, the contractor would have to spend a great deal of time to insure that the traveling public did not have barricades, construction materials etc into the travel lanes especially at night. The Engineering Division has evaluated the bids submitted and the unit prices all seem to be very reasonable and are at and below recent unit prices on projects of this size. This Is a I very special project in that the City is in essence assuming the state road and in a very high traffic volume area. As we stated earlier, each business or apartment complex has access through some other means, Our intent is to leave the existing right turn lane to allow access as long as possible to the Winn Dixie complex that includes the health club. Boydston Foods would be able to get to their parkin6 lot across from the Seven-Eleven. i i i I Teasley Lane page 2 The project was bid and designed for the road to be closed. The method of considering the alternate was to allow a lump sum payment for the contractor if the project had to be left open. This seemed very reasonable as the majority of the unit quantities would not change. The majority of the extra work involved would relate to barricades, reduced working efficiency by the contractor's crews and a constant awareness on the crews that the traveling public would be very close to their working areas. Many projects such as 135 currently underway between Denton and Lewisville operate under these conditions. however, as you can see, the difference in asphalt was approximately $S0,000 and the difference in the low concrete bid was 2 approximately $25,000. The Engineering Division has rL mmended the following based on the Council's decision for the method of construction. If Teasley Lane is to be left open, we recommend the low bid of Jagoe Public which utilizes an 8" asphalt pavement. The low concrete bid is $28,300 higher which is at or above the limit where asphalt pavement remains more attractive. If the Council ` y elects to keep the road open, we would recommend that the 7" i 1 concrete alternative from Centerline Construction be utilized. We feel that a difference of $3,500 is insignificant when the E life of the pavement is considered. Another major reason for this recommendation is that site visits show the subgrade to be sandy and nonplastic. We feel that very few cracks would arise from plastic soils; therefore, making concrete a very viable alternative here. As you are aware, the main problem with concrete is that highly plastic soils can crack the pavement causing to very the expensive reairs iginal functioning which condit condition. restore the pavement Hopefully, the above two recommendations will aid the ouncil in making the final decision on the Teasley La Project. ` do strongly recommend that an arterial pavement section be utilized instead of a collector street pavement which was the alternative pavement bid. The available funds are $40S,000, $30,000 in engineering has been charged approximately To da*A PProxi matelY ~ mainly due to the extended period of time making highway department changes etc. A possible source of funds for the additional $10,000 for the concrete bid, if Council elects the t road open, would be the Teasley Lane funds due to the minute order not being issued on that project. Please advise if you need further information. a { e r ar f 0593E i 2499L t NO. AN ORDINANCE ACCEPTING A COMPETITIVE BID AND PROVIDING FOR THE A4ARD OF CONTRACTS FOR IMPROVEMENTS TO TEASLEY LANE; PROVIDING J FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. r j WHEREAS, the City has solicited, received and tabulated j competitive bids for the construction of public works and improvements to Teasley Lane in accordance with the procedures of state law and City ordinances:; and WHEREAS, the City Manager or a designated employee h!is 1 received and recommended that the herein described bid is :he lowest responsible bid for the construction of the above referred 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 competitive bid of Jagoe Public for the construction of public works or im?rovements, as described in the "Bid Invitations', "Bid Proposals' or plans and specifications attached hereto, is hereby accepted and approved as being the lowest responsible bid in the amount of $370,318.50: SECTION II. That the acceptance and approval of the above compet t-ve 5O" shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements spe_ificd in the Notice to Bidders including the timely execution of a written contract and furnishing of performance rnd payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute-`a T necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bid accepted and approved herein, provided that such contract, are made in accordance with the Notice to Bidders and Bid Proposals, end documents relating thereto specifying the terms conditions, plans and specifications, a standards, quantities and speciZied sums contained therein. { i 1 `i j SECTION IV. That upon acceptance and approval of the above 14 competitive 51d and the execution of contract for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditur, of funds in the manner and in the emount as specified in such approved bid and authorized contract executed pursuant thereto. SECTION V. That this ordinance shall become effective imme atTi eT-y upon its passage and approval. PASSED AND APPROVED this the day of September, 1988. 4 PLAY j MAYOR ATTEST: JENNIFM , CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a BY., I 1 4 n • 2499L i ,r Y~ M1 i N I 11111111411,111 h r { I I ~ f r{ f [ i 1 j 4 r , 3~ I I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 . s MEMORANDUM DATE: September 20, 1988 TO: Mayor and Members of the City Council FROM: John F. McGrane, Executive Director of Finance SUBJECT: ADOPTION OF THE ANNUAL PROGRAM OF SERVICES FOR 1988-89 4 , , Pursuant to the discussion and consensus reached by Council during the budget workshops and changes necessitated by the receipt of the certified tax role, the City Manager's proposed 1988-89 budget will be amended as shown in Exhibit "A" if final approval is voted by Council. In addition, any changes Council chooses to make prior to the adoption will be incorporated into the final approved Annual Program of Services 1988-89 budget. The attached ordinance will approve and ratify the Annual ' P ;gram of Services for the fiscal year 1988-89. o n crane 2 /af ° , •.t o~"3811F 2 , u rl Y'1 1 1 Y x' M Y j , t r' t , MP ~ w.. I t y1 1 I .Y L. - 1 V t iIt I EXHIBIT "A" i PROPOSED AMENDMENTS TO THE PROPOSED 1988-89 BUDGET t ~ 'the following changes to the Manager's Proposed Budget are submitted for Council's w approval of the amended budget. 1 a; GENERAL FUND Increase i ( Decrease ) r' in Funding Revenues City Health Department inspection fees $ 87,410 E Decrease in Ad Valorem Taxes due to Decrease in Certified Tax Roll (102,333) s , TOTAL INCREASE (DECREASE) OF GENERAL FUND REVENUES $ (149923) y, Expenditures Parents Anonymous ( 10000) ( Life Planning/Health Service ( 41480) Ann's Haven Hospice ( 20000) ( 3,000) Pre-Natal Clinic City County Joint Health Care Contribution (790474) Reserve for Appraisal District Adjustment (1120000) Environmental Health 122,037 SPAN 2,000 Handi-Hop 2,000 Legislative Action and issues 30,000 Library for Outreach Program 100664 a, Street Construction for Additional Overlay Projects 100663 Managers Contingency Fund 91667 TOTAL INCREASE (DECREASE) OF rENERAL FUND EXPENDITURES 14,923) SANITATION FUND t Expenditures ~ Decreased Administrative Transfer ~ (160311) .1 UTILITY FUND k' Expenditures ` Increased Administrative Transfer 16,311 GENERAL DEBT SERVICE FUND Decrease in Ad Valorem Taxes Due to Decrease in Certified Tax Roll $(575,000) Amount to be Provided From Debt Service Fund Balance $ 3759000 3a 4 3807F fT :r1 ~r J N j1 s y 1955L NO. AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTGN, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 11 1988, AND ENDING ON SEPTEMBER 301 1989; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1988-89 was heretofore published at least fifteen (15) days in advance of said public hearing; and WHEREAS, a public hearing on the said budget was duly held on a the 6th day of September, 1988, and all interested persons were given an opportunity to be heard for or against any item thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: R SECTION I. The Budget for the City of Denton, Texas for the fiscal year -Beginning on October 1, 1988 and ending on September 300 1989 prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorporated by reference herein. i SECTION II. That the City Manager is hereby authorized to transfer E he amounts of money contained in the Reserve for Employee Benefit Adjustments as contained in the 1988-89 budget to the various departments as needed. SECTION III. That the City Manager shall cause copies of the budget to be led with the City Secretary and the County Clerk of Denton County. SECTION IV. That this ordinance shall be effective upon its r passage an approval. PASSED AND APPROVED this the day of September, 1988. S - s, MAYOR s~ ATTEST: jERNIFER , CITY SnTffM APPROVED AS TO LEGAL FORMr DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: r ~ t k { i 1 r` r ~1 3 1 y Yt 1 { I r r, a r ' q I. 14 4 ""1 i 1 P f CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (812) 566 8100 r'; t f' MEMORANDUM I 5 v~ V , 1 DATE: September 20, 1988 TO: Mayor and Members of the City Council ° FROM: John F. McGrane, Executive Director of Finance M SUBJECT: ADOPTION OF THE AD VALOREM TAX kATE FOR 1988 Pursuant to Council discussions, the attached ordinance will approve the ad valorem tax rate for the year 1988. Also included within the ordinance is the recommendation submitted to Council in the Mayor Budget Issues Report to increase the s exemption of persons s xty- ve years of age or older by $1,000 f bringing the total tax exemption to $16,000.00. n crane I~ 3811F 4 I y 1 ~ ~ l ,I I , i •Y P i l V N } k r, ~~'ItiFS~ I~i~~J [ I 1IV r I i ? 2502L s NO, AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, ` TEXAS, FOR THE YEAR 1988, ON ALL TAXABLE PROPERTY WITHIN THE ` CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1988, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That by authority of the Charter of the City of Denton; Texas, and the Laws of the State of Texas, there is here- by levied for the year 1988, on all taxable property situated ` within the corporate limits of the City of Denton on the first day of January, 1988, and not exempt by the Constitution and Laws of the State of Texas or by Section 2 of this Ordinance, a tax of $ on each $100.00 assessed value of all taxable property. SECTION I1. That of the total tax, $ on each $100.00 of assessed value shall be distribute to t e General Fund of the City to fund maintenance and operation expenditures of the City. SECTION III. That of the total tax, $ cn each $100.00 of assessed value shall be distribute to pay t e City's debt service as provided by Section 26.04(e) (3) of the Texas Property Tax Code. SECTION IV. That pursuant to Article VIII, Section 1-b of the exa8 onstitution, $5,000.00 of the assessed value of resident homesteads, shall be exempt from City ad valorem taxes. SECTION V. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $17,000.00 of the assessed value of resident I homesteads of persons sixty-five (65) years of age or older, shall be exempt from City ad valorem taxes. SECTION VI. That for enforcement of the collection of taxes l hereby ied, the City of Denton shall have available all rights and remedies provided by law. a SECTION VII. That if any section subsection, paragraph, sentence, cause, phrase or work In this ordinance, or application thereof to any person or circumstance is held invalid 'I by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby i f e r declare it would have enacted such remaining portions despite any ? such invalidity. t-. SECTION VIII. That this ordinance shall become effective imme ate y upon its passage and approval, PASSED AND APPROVED this the day of , 1488. y PAY STEPHENS,-MAYOR ATTEST: a il JENNIFER WALTERSj CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY %a BY: od "V Ilk t t a o t c : i ,r 3 t j a F r l 1 i E !f~ f tl h , , I C r I ' p T S N ~ tt ;t r' 1 1-" IA-1 ` J jilli It L-Li i f 1 ~ ,f September 20, Igt6 I CITY COUNCIL AGENDA ITEM 1 01 70: MAYOR AND MEMBERS OF IhE CI11, COUNCIL {'F FROM: Lloyd Harrell, City Manager SUM CONSIDER ORDINANCE ADOPTING NEW WATER RATE FOR SCHEDULES; PROVIDING FOR A SEVERABILII'Y CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities board, at their meeting of July 14' 1966 ` recommendedto becomeeeffective October 10 1g~6~ of the proposed SURMARY/BACKGROUND: A Water Rate Study has been conducted to determine the overall , rate increase needed by 1959. The rate study uses financfa] analysis to reflect the overall financial situation of the Water Department, the Cost of appropriately to the variouseratee classes t0 allocate costs and a Rate which incorporates informatl_on from the financial analysis and the cost of service stud Design An overall b 1121 Increase inderates fisrrecommendedabfor x1969. Based on the results of the Cost of Service Study ' customers will receive a 9,7SI rate increase residential commercial customers will receive a 7,21 rate increase while the It should be noted that even with this Ines financial statement still reflects a cease the 1969 defict of However, as can be seen from the attac SO. hed iTable'$390,141968 financial statement shows an overall gain of the r as a result of the postponement of the first Ra Roberts6+~07 as a 1969. This gain will assist in y payment to paying for the losses in 1959, { For fiscal year I99O s approximately 51 may r it anticipated that a rate increase of F . ~ Y also be ° needed, g l It is recommended that the proposed 1959 rate increase become r effective on consumption 14 days after a pproval of the ordinance. *NOTE: The deficit reflects updated information, reduction in the Lake The recent 11,362,667 has led to a ydtkficit sofayment from $1 , 500,000 to i 909,276 shown in the Wator },te Study, $380,145 instead of the PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Utility Administration 1 the citizens. , other Departments, and f 4 3r Page 2 FISCAL IMPACT: The b-1121 rate increase will generate $759,559 in revenue as can be seen below, 1966 1969 1969 + Budgeted Actual 3 • Revenue $80649,007 $8,935,967 $9,695,546 Expense 5,825,000 7,062,691 7,062,691 2 624 007 s $ , $1,673,296 $2,6320655 Debt Service $194069000 $1,6S2,000 $1,8521000 RO1 462,000 071,000 671,000 Payment ` ~.0-^ _ SPU-LOOU 500,000 $ 936,007 ($1,149,704) ($390,145) I t i„ Respec lly submitted, f Lao arre , ty anager Pre e 7b R- b- e son,Execut v r. Director of Utilities Appr ed by, ~E Nelson, Eecut ve Director of Utilities 'r Exhibit I Ordinance Jt II PUB Minutes of July 14, 1968 ~I 111 1968 Rate Design Study Revenue Requirement Input Parameters i 4, p'• 60$00:3-4 i t 1 J` 1 5V: ' !va. E Revised 9-8-88 Ol/ NI Citl of Denton Mater Utllitl 05.16 if 1111 lite Defile Itrdl lerenue :egeireaeat Iepat Paregeters Description pT !•30.01 p6 5.70-I4 pT•1.30.11 IT 1•!0 t9 (1..01.1.} (..0.071.1 1 Total Opentln( Iryenee 14,}l7,3fi 12,402,041 14,013,115 12,017,155- " Plra 3 3 Deft service 1,631,000 1,400,000 ,000 f 7 0 0 pat Marto Pstaeete 1,15!25,,000 000 11,,161123,406 I Capital Additiooe Current finding 1,1 605,0!! Itl,1S! tell: 11111411 132,111 ! Otter levloen 131,000 110,000 11,0-00 11,0-00 1 Jon•Opentls(lsrloue 711,000 711,000 700,000 300,000 T lqualt: Cue lerenne lequlrnenl 16,317,000 11,131,000 11,!14,011 1!,111,055 1 percent Wife 011171 ILOa1 13.581 O.OOI 1 9 Len; peel Service 51,231,000 11,104,000 (1,IS1,00d 15,005,0-00 10 !quill: lapeaeee before P. Dent Coverage 11,1110000 52,116,000 !0,052,1!1 1f,Ofl,fll ea: 11 latereet portion of Debt 151,132 !15,013 1,210,107 1,101,153 11 Depreciation Rrpenee 1,11I,f61 1,20!,451 1,412,120 1,612,120 13 Iqulr: Aeolis, lerlone legaireent 0,115,051 (,0!!,510 1,511,614 1,411,541 G 14 Ylegt is Ierrlce 171,0}1,101 531,011,311 111,1!1,111 1411114,113 a 14 Leu; Accaalited Depreciation 11,150,115 111,631,1301111113,610 111,121,610 3 If Lois: CoetrUatioee 10,313,$41 14 oil 711 11,415,111 15,150,013 11 plan: COIL land legded 1 11 squall: let pilot is Jolliet 1,011,156 13,310,!!1 11,555,555 16,135,5,1 t Y IlOlerstitlIllegal 11,111,000 (i,011,00r (1,176,116 1!,4!6,110 Rue Waste Drorle 1,114,000 3,102,OOi 256,!10 1,010,53! 10 farm late Chain 1.001 01001 0.00! 0.001 11 rot Ueed 22 [store 1111.1131 {1371,!511 1432,110 (1161,100) 12,55! 13 late of Ittan (1111(11) •15,!01 4.611 •1.161 0.021 35 All tt-It letare, late or Ietora " r, CRR . k 02 Deit Col, Ratio 1.41 3.56 s 14 tlodt bailable After Debt II1• T Li! 1.14 { I I 13011000 11,411 [state oe ,001 5!5,550 110 rateatleet 411,000 111,040 111,000 15r1,6a1 J tl pnade baliellt Ifter Ietoln (fit 000 131,090 11 tlu pa0ent an Matt Den Late 1111,1011 101,113 30 tilde Arellailt Aftet leten tad 1 0 (50110001 (400,000) patient on Hart ltre Laeg (311,0001 131 Cenrit let 110141 001 11,141,6011 (010,112) 71 (41 Litl1 1.0001 !.0130 10,100 r x'; s EXCERPT PUBLIC UT ILI1 IES BC)ARD N01JTFS July 14, 1988 7. RECEIVE 1988 WATER RATE STUDY. The 198d foster Rate Study was presented by R. E. Nelson, Executive Director of Utilities, Dips Outle, Financial Analyst for the Utility Department and author of the study, and Rachel Reece, CFA, outside consultant and previously with Arthur Anderson, and has made a complete review of the water study. Reece's review wlII assure that the study has addressed all requirements that may be made by the Texas Water Commission. Methodology, allocation factors, rate design and financial analysis were reviewed for the Board. It was pointed out that even with the proposed 8.5% rate Increase, the Water System will experience a net loss in Fiscal Year 1989 of $409,278. However, postponement of the Ray Roberts obligations by one year will a offset this loss. The proposed rate Increase will result In an increase of $3.00 per month on a residential customer's summer I bill and $1.95 Increase pei month during winter. Overall IIII financial requirements of the Water Utility would justify a larger increase, but the limiting factor In the rate case Is the maximum amount of Increase tolerable to the rate payer. For this reason, the 8.5% rate Increase is proposed at this time. After general discussion, the Board tabled this item until the next meeting. a. , f Board adjourned for a break of approximately 15 minutes. Upon return from the break, the Board decided to reconsider the proposed rate Increase and voted to do to. Then Chew mado a motion to recommend to the City Council that the City adopt the i rate a schedules that are presented In the Cost of Service Study. Second by Thompson. All ayes, no neye, motion carried. b043U►3 f a ~M a 2461L `s f NO. .v AN ORDINANCE ADOPTING NEW WATER RATE SCHEDULES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the Rate Schedules for water service as provide or in Chapter 25 of the Code of Ordinances, are hereby amended as follows: WATER RATE SCHEDULES PAGE WR Residential Water Service 2 WRN Recidential Water Service Not Connected to Sewer 4 F WRW Religious Worship Water Service 6 ,r WC Commercial/Industrial Water Service 8 WCS Commercial/Industrial Water Service Meter 10 WCN Commercial/Industrial Water Service Not i` Connected to Sewer 11 s WWI Water Sale for Resale to Municipal Corporations N Water Districts & Other Governmental Entities 13 By Agreements Prior to June 1, 1986 WW2 Water Sale for Resale to Municipal Corporations Water i! Districts & Other Governmental Entities By Agreements After June 1, 1986 14 F WG Intra-Governmental Water Services Not Connected to Sewer 16 WGN Intra-Governmental Sales of Finished Water 18 1 WGU Intra-Governmental Sales of Untreated Water 20 " h WF Standby Fire Service Water Line 21 WFH Metered Water from Fire Hydrant 22 v WRE Extra Jurisdictional Residential Water Service 23 1 WCE Extra Jurisdictional Commercial/Industrial Water Service 25 i SF-R Special Facilities Rider 27 i r i - J k'a l i ~a SCHEDtLE WR RESIDENTIAL WATER SERVICE " APPLICATION Applicable for single family residential service, and individu- ally metered apartments or mobile homes or multi-family facilities with less than 4 units. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. j NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3 3/4" Meter 6.50 i" Meter 7.75 1-1/2" Meter 11.00 2" Meter 12.25 (2) Volume Charge Rate Per 1,000 Gallons WINTER SL MER Billing months of Billing months of NOV. through APRIL MAY through OCT. + 0-15,000 gals 1.80 1.80 15,000-30,000 gals 1.85 2.55 Over 30,000 gals 1.90 3.10 MINIMLM BILLING: Facility Charge 9 a PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. j SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. 1 PAGE 2 1 } d I i e,kh e, PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: s Actual dates in reading period x facility charge ays (b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be z charged to each rate block. Formula; Actual days in reading period x GAL in rate block x RATE per 3 ays 1,000 gallons in rate block VVi wfi+ y k} 9 rt` fyy rl t~ PAGE 3 N i i ~ i i SCHEDULE WRN RESIDENTIAL WATER SERVICE NOT t APPLICATION Applicable for single family residential service, and individu- ally metered apartments or mobile homes or multi-family facilities with less than 4 units, where the metered water is not returned to j the wastewater system for collection and treatment; e.g., lawn - sprinkler or septic system. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with 1 1 applicable rider, r y NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/411 Meter 6.50 i 1" Meter 7.75 1-1/2" Meter 11.00 2" Meter 12.25 (2) Volume Charge _ • Rate Per 1,000 Gallons ~ WINTER SUMMER y' Billing months of Billing months of NOV. through APRIL MAY through OCT. i 0-15,000 gale 1.80 $ 1,80 15,000-30,000 gals 1.85 $ 2.55 Over. 30,000 gala 1.90 $ 3.10 ` MINIMtM BILLING: Facility Charge E i PAYMENT i 4 Bills are due when rendered, and become past due if not paid Y. within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, f f PAGE 4 a ti f ! Y r - PRORATION OF LrrILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- +r' ings annually. k Formula: Actual d3 nreading period x facility charge days t r (b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be t charged to each rate block. Formula; EE a I Actual days in reading period x 1GAL in rate ,000 gallons in rate block t. 5 v i !1 1 9 Y p 1!l ' 1 i l A~ ! f~ P \ I .1113 . f 5 1. PAGE S q 1 i t 4 ' r 4r SCHEDULE WRW 5^ I RELIGIOUS WORSHIP WATER RATE j APPLICATION Applicable to any facility used primarily for religious worship, i education and meeting Vernon 's Annotated Texas Statutes (V.A.CS.) guidelines for property tax exemption as a religious organization, served by a single water service line through one meter. Not applicable for resale service in any event, nor to tempo rary, standby, or supplementary service except in conjunction with applicable rider. j NET MONTHLY RATE I~f (1) Facility Charge Billing per 30 Days { 3/4" Meter 6,50 1" Meter 7,75 f 1-1/2" Meter 11.00 2" Meter 112.23 ? (2) Volume Charge Rate Per 1,000 Gallons i WINTER SIMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gala 1.80 1.80 15,000-30,000 gals 1,85 2.55 . Over 30,000 gals 1.90 32.10 ' 10 ' f MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid [ within 15 calendar days from date of issuance. SPECIAL FACILITIES d All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. I11[r E 1 4 PAGE 6 i V i , 1 PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. r.~ " Formula: 4 A Actual da 6s i n reading period x facility charge 3 days (b) Billing for the water used shall be based on 30 days per o month to determine the million gallon consumption to be charged to each rate block. :.y Formula Actual days in reading period x GAL in rate block x RATE per a 1 ays 1,000 gallons in rate block t r F 1 7, v t I .r h' J PAGE 7 a~ f. r sa t x SCHEDULE WC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE i APPLICATION j Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with r applicable rider. ; I ~ NET MONTHLY RATE (1) Facility Charge Bill_inA Per 30 Davs ' 344" Meter 12 75 1 ' Meter 1400 1-1/2" Meter 16.25 2~~ Meter 18.00 3" Meter 53.50 4~~ Meter 90.00 ` 8" MNeter eter 115.00 1130.00 f (2) Volume Charge $1.85 per 1,000 gallons _ MINIMUM BILLING; Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid .-l within 15 calendar days from date of issuance, SPECIAL FACILITIES r " All services which require special j customer's service requirements shall be cfacilities provided nsubjct tto mthe special facilities rider. 4 j PAGE 8 1 i1 i i i PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: RYA Actual daLs in reading period x facility charge -1O6ay's c (b) Billing for the water used shall be based on 30 days per ~ month to determine the gallon consumption to be charged to each rate block, a Formula: Actual da a in readin period x GAL in rate block x RATE per ays 1,000 gallons in rate block a iP 1 l M r 1 i f Gi II f } t 1 w f I 1 ° t f 1 1 {I { PAGE 9 i I SCHEDULE WCS COMMERCIAL/INDUSTRIAL WATER SERVICE METER APPLICATION % ' water users Applicable to otall her commercial and industrial users all or other provided at wise fled e S water used one point of delivery end9measuredethrough one meter to be used in determinin For g wastewater volumes only. ion S-2A of Sewer Service Ordinance for volume charges, Ordinance No. 87-197, as amended.) 1 Not applicable to resale service in an f rary, standby, or supplementar Y event, nor to temppoo I~ 1 with applicable rider. Y service except in conjunction NET MONTHLY I RATE Facility t Charge Billing Per 30 Days j 3/4" Meter 1" Meter 12.75 1-1/2" Meter 14.00 2" Meter 1b.25 3" Meter 18.00 4" Meter 53.50 6" Meter 90.00 " 8" Meter 1,1530..00 100 MINIMtH BILLING: Facility Charge PAYMENT Bills are due when rendered, u become Pa within 15 calendar days from date of issuance past due if not paid ~ w SPECIAL FACILITIES meetAcustomer~eeservice requirementscshall f cilities in order to the special facilities rider. Provided subject to PRORATION OF UTILITY HILLS Billing for the Facility charge shall be based on 12 billings I annually, Formula: V Actual da s aysreed!n rind x facility charge f PAGE 10 4 R SCHEDULE WCN COMMERCIALIINDUSTRIAL WATER SERVICE NOT CONNECTED TO SEWER APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter where the metered water is not returned to the waste- water system for collection and treatment; i.e. water used in prodretion or irrigation or where wastewater flow is measured f sepa:itely. G ~ Not applicable to resale service in any event, nor to temppoo rary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE i (1) Facility Charge Billing Per 30 Days 3(4,1 Meter 14.75 1' Meter .00 1-1/2" Meter 16.25 2" Meter 18.00 3" Meter 53.50 " 4" Meter 90.00 f 6" Meter 115.00 r 8" Meter 130.00 (2) Volume Charge $1.85 per 1,000 gallons MINIMLM BILLING: Facility Charge PAYMENT Y a Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 11 ,r n PRORATION OF UTILITY BILLS {a) Billing for the Facility charge shall be based on 12 bill. ings annually. Formula; I Actual days in reading riod x facility charge J ay8 w (b) Billing for the water used shall be based on 30 days per 4 month to determine the gallon consumption to be charged to ~i each rate block. i j Formula; I Actual days in reading Period x GAL in rate block x RATE per aYe 1,000 gallons in rate block i j r ^i ~ t } I , PAGE 12 1 F SCHEDULE WW1 WATER SALE ')R RESALE TO MUNICIPAL CORPORATIONS, WATER DISTt.ICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE PRIOR TO JUNE 1, 1986 I APPLICATION Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made prior to June 1, 1986, for the purpose of providing water for resale to the public. i Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. i w MONTHLY CHARGES (1) Facility Charge $150.00 (2) Volume Rate $ 0.73 per 1,000 gallons I (3) Demand Rate $192.00 per 1.,000 gallons E p *ANNUAL CHARGE (4) Readiness to Serve Rate $ 0,3813 per 1,000 gallons *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the t monthly billing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accordance with the monthly billing provided for below. 1 PAYMENT Denton shall render bills by the tenth (10th) day of each Y month. Bills shall be due and payable when rendered. Bills are { considered delinquent if not paid by the twenty-fifth (25th) day of the month, There shall be a five percent (51) or five hundred dollar ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. E EFFECTIVE DATE The charges stated herein shall be applied to all water services supplied after January 1, 1989. Until January 1, 1989, applicable charges will be determined by Schedule W3 of Ordinance No. 81.152. i PAGE 13 f . {r: 4 I SCHEDULE WW2 WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT AFTER JUNE 11 1986 ` APPLICATION f Applicable to all water sales contracts with municipal corpora- tions, water districts, or governmental entities made on or after June 1, 1986, for the purpose of providing water for resale to the i a public. I Not applicable for temporary, standby, or supplementary service { ex:ept in conjunction with applicable rider. s MONTHLY CHARGES r (1) Facility Charge $164.25 i (2) Volume Rate $ 0.73 per 1,000 gallons (3) Demand Rate $262.56 per 11,000 gallons *ANNUAL CHARGE (4) Readiness to Serve Rate $ 0.3813 per 1,000 gallons t *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly billing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accordance with the monthly billing provided for elow. PAYMENT f E Denton shall render bills on the tenth (10th) day of each month. a, Bills shall be due and payable when rendered. Bills are considered delinquent if not paid by the twenty-fifth (25th) day of the- month. There shall be a five percent (5x) or five hundred dollar p ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. If not paid by the last day of the month, there shall be an additional interest charged on the unpaid balance, equal to the auction average rate quoted on a ' bank discount basis for a twenty-six (26) week treasury bill issued by the United Staten government, as published by the Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (10%), whichever is less. PAGE 14 i EFFECTIVE DATE The charges stated herein shall be applied to all water services 'F supplied after January 1, 1989. Until January 1, 1989, applicable charges will be determined by Schedule W3A of Ordinance No. 87-152. J r ~r { 1 t M + C PAGE 15 4 i,~ SCHEDULE WG INTRA-GOVERNMENTAL SALES OF FINISHED WATER f APPLICATION f Applicable to sales of finished water to all City of Denton Departments and accounts supplied at one point of delivery and measured through one meter, I Not applicable to resale service in any event, nor to tempor.4ry, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE ' (1) Facility Charge Billing Per 30 Dam 3/4" Meter 11.25 1" Meter 12,50 i 1-1/2" Meter 15,50 2" Meter 17,50 3" Meter 53.50 4" Meter 85,00 6" Meter 107.00 8" Meter 1123.00 (2) Volume Charge $ 1.80 per 1,000 gallons MINIMfIt BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL- FACILITIES All services which require special facilities in order to meet a ~r customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS r (a) Billing for the Facility charge shall be based on 12 bill- ings annually. I PAGE 16 1;r 4 1 Y Formula: Actual days in reading period x facility charge 30 days (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading riod x GAL in rate block x RATE per 30 ays 1,000 gallons in rate block i r~ is !ti, 1 1, 1 ~ r A t PAGE 11 4 11:Y Y SCHEDULE WGN INTRA-GOVERNMENTAL WATER SERVICES NOT CONNECTED TO SEWER APPLICATION Applicable to sales of finished water to all City of Denton j Departments and governmental agencies supplied at one point of delivery and measured through one meter where the metered water is :got returned to the wastewater system for collection and treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with eppliceble rider. i NET MONTHLY RATE f f 1 (1) Facility Charge Billing Per 30 Days 3/4" Meter 11.25 1" Meter 12,50 s 1-1/2" Meter 15.50 2" Meter 17.50 3" Meter 53.50 4" Meter 85.00 6" Meter 107.00 8" Meter 1125.00 (2) Volume Charge $1.80 per 1,000 gallons { MINIMUM BILLING; Facility Charge r ' PAYMENT Bills are due when rendered and become past due if not paid r within 15 calendar days from date of issuance. SPECIAL FACILITIES n 4 All services which require special facilities in order to meet t customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. i PAGE 18 j 4 4 i Formula: Actual da s in ays. eriod x facility charge ays (b) Billing for the water used shall be based on 30 days per 7 month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading period x CAT, in rate block x RATE per '-g ays 1,000 gallons in rate block ZJ y ' 10 i z ,i .r .3 PACE 19 F 1 T - - - RNIPPOW r SCREDULE WGU INTRA-GOVERNMENTAL SALES OF UNTREATED WATER APPLICATION Applicable to all City of Denton Departments and accounts for untreated water supplied at one point of delivery and measured through one meter. J Not applicable for resale except in conjunction with applicable rider. i NET MONTHLY RATE (1) Facility Charge $115.00 per 30 days ' (2) Volume Charge $ 1.05 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT 4 Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. t SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UCILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: i Actual days in reading period x facility charge a ays ' (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to tie charged to each rate block, Formula: Actual days in reading period x GAL in rate block x RATE per days 1,000 gallons in rate blo,:k PAGE 20 ~ 4ii k Y z SCHEDULE WF STANDBY FIRE SERVICE WATER LINE 1 APPLICATION f Applicable to commercial and industrial users for unmetered fire service water line to serve only sprinklers or other private fire fighting equipment. .I kk Not applicable for resale in any event, } NET MONTHLY RATE Facility Charge Billing Per 30 Days Y r' 6" Line 20.80 I 8" Line 132.06 MINIMtH BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid ii within 15 calendar days from date of issuance. 1 SPECIAL FACILITIES All services which require special facilities in order to meet { customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS t (a) Billing for the Facility charge shall be based on 12 bill. xj ings annually. Formula., tr Actual days in reading period x facility charge 30 days i , ;i PACE 21 SCHEDULE WFH METERED WATER FROM FIRE HYDRANT APPLY CATION Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or ` commercial use not associated with fire fighting, ,,,I DEPOSIT: $650.00 '~4, User shall place a deposit for each use of each of the City's hydrant meter(s) needed, Deposit to be returned when meter is ~ returned and final bill is paid. k NET RATE ~ , j # Volume Charge: $ 1.90 per 1,000 gallons ' Volume use shall be com uted b at time of customer paying depoaityandbreceivlagtmetertfromemete8 ' reading upon return of meter times any applicable multiplier, FACILITY CHARGES $ 20.00 1 per 30 days ' INSTALLATION CHARGE: $ 41.30 per meter per installation PAYMENT ~ ~ -t Biils are due when rendered, and become peat due if not paid xithin 15 calendar days from date of issuance, j { '~~1 ~ ; ,'ai . °,;i PAGE 22 , x ;b a' ~ SCHEDULE WRE EXTRA-JURISDICTIONAL RESIDENTIAL WATER SERVICE APPLICATION Applicable for single family residential service, and indi- vidually metered apartments or mobile homes or multi-family facilities with less than 4 units outside the corporate limits of j the Ci.y of Denton. NET MONTHLY RATE s (1) Facility Charge Billing Per 30 Days 3/4" Meter 9.00 1" Meter 10.00 1-1/2" Meter 14.00 2" Meter 116.00 (2) Volume Charge Rate Per 1,000 Gallons WINTER SLMMER Billing months of Billing months of s NOV. through APRIL MAY through OCT. 0-15,000 gals $ 2.45 $ 2.45 i 15,000-30,000 gals $ 2.45 $ 3.25 Over 30,000 gala $ 2.45 $ 4.00 MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. PAGE 23 r I j t { Formula: Actual da a in readin riod x facility charge z` J 30 ays h ' (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. II r ` Formula: Actual da a in reading period x GAL in rate block x RATE per 8ya 1,000 gallons in rate block r t ' k I~ s a f PAGE 24 i i f e ,t d r SCHEDULE WCE EXTRA-JURISDICTIONAL COMMERCIAL b INDUSTRIAL r WATER SERVICE APPLICATION Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the - corporate limits of the City of Denton for all water service provided at one point of delivery and measured through one meter. i Not applicable to temporary, standby or supplementary service except in conjunction with applicable rider. ' NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/411 Meter 15.50 { 1" Meter 17.00 1-1/2" Meter 21.50 2" Meter 24.50 } 3" Meter 73.25 4" Meter 123.50 6" Meter 157.50 8" Meter 178.50 (2) Volume Charge $2.55 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid _ within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- inga annually. t PAGE 25 1 4 I i o.? Formula: di ` Actual Jaya in rreading period x facility charge 30 (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. I Formula: Actual days in reading period x GAL in rate block x RATE per I ays 1,000 gallons in rate block y i 4 wt ' r; y p? s si ~ 1 1 'ya H tt ' f 1~JI9 . t j PAGE 26 } t F N I a,. SPECIAL FACILITIES RIDER (1) Applicability; All service shall be offered cil from available faities. If a customer service characteristic requires facilities and ' devices which are not normally and readily available at the location at which the customer requests services then the Utility shall provide the service subject to paragraph 2 of sa' this schedule, (2) The total cost of all facilities required to meet the =y customer's load characteristics which are incurred by the ; t Utility shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the Utilit service to the customer. Y providing ~ r i 6 f r 1 ~ II ~ S ~ J i ~ f { f 1 PAGE 27 } r R N r I r SECTION II. That if any section, subsection, paragraph, sentence use, phrase or word in this ordinance, or } application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding - shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ! SECTION III. That the Schedule of Rates herein adopted shall ` be effective, charged and applied to the first regular billing cycle on or after October 1, 1988 except for Rate Schedules WW1 3 and WW2 which shall become effective January 1, 1989. PASSED AND APPROVED this day of , 1988. j ~ R PAY G STEPHENS, MAYOR ATTEST: y': p 4 -Y a JENNIFER , CITY SECRETAR 4 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: + i PAGE 28 , 1 1 F+ f 1 i 16+4 f I~ I i S C~ i' k I~ P I ' r I 1 i 1 f 1 1 11 IF 1 ' 1, I ys ry September 10, 1966 i f CITY COUNCIL AGENDA ITEM 5 TO: MA ~ l0R AND M)rMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER COMMUNICATION LINES CONTRACT, RECOMMENDATION: i The Public Utilities Board, at their meeting of August 11, 1966, Ml recommended to the City Council approval of this new service to Commercial and Industrial Businesses in the City of Denton, 1 SUMMARY: { The City Council tabled this item at their September 6, 1966 meeting, requesting that a six month deposit clause be inserted into the contract. The following thanges has n ow been incorporated by the City Attorney: Section IV has been revised to add a new paragraph (a) to provide for an initial payment of $1,000.00 by the Customer within fifteen (15) days of the approval of the contract. To account for the change in section IV, section 11 has also been amended to provide that the City will install the line within a ` reasonable time after the payment of the $1,000,00. Finally, as a result of the initial fee, the monthly payment to be made, as stated in the Administrative Information at the beginning of the contract, has been reduced accordingly, ~k BACKGROUND: The Electric Department is very concerned about liability and coordination of lines and facilities if the Department were to lease space on its poles or in its easements. As a solution to meet the needs and concerns of our local businesses, the Department is proposing to purchase, install and lease on an individual basis, communication lines to Denton businesses. The City already has an extensive City and Electric Department 1. communication system between its own facilities, and therefore, has the expertise to provide this service. These lines, however, are "dedicated" lines and would not be available to private businesses. It is anticipated that this proposed communication service would not be r.ctively marketed, but would be provided oily upon specific request. We presently have such a specific oquest from Dave Krause Auto Dealership. I i I; r t' e l Staff proposes the following: 1) Rate of Return on Investments: 0 151 rate of return on investment o Depreciation Rate- 201/year o ROI and Depreciation applied to actual capital investment Specific for the Dave Krause proposal: F o Capital cost- $5,946.50 o Initial fee- .$1 000.00 o Monthly charge- i13S,34 {j 2) Rate Structure The customer shall be billed accordingly to the style of installation, specified number and size of wires, length of construction, termination points, etc. Therefor:, a rate structure cannot be established due to the extreme versatility of installation and each service will have a separate and specific contract and rate. 3) Liability Communication Line Contract, Sections A, B, and F reflect that the City shall NOT BE liable for damage to the property, personal equipment, and/or lines beyond the designed termination points according to the Departmental Design P.U.E.D. No. 36 - 4/27/66, FISCAL IMPACT: 2 This would furnish a service that has been requested and furnish an additional source of revenue. t ' PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: y. City of Denton, Citizens, Electric Department, Customer Service, Legal Department. v R4~T_e41-, y submit ed, r^~ Lt ager Pre Xed/Ap r ed y, } ~ T O e son, xecut ve rector Department of Utilities Exhibit I Ordinance ! 11 Agreement III PUB Minutes of August 11, 1966 60SOU:1-2 i I' { t '.N a 2444L e NO. x' AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DAVE KRAUSE PROVIDING FOR COMMUNICATION LINE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. c THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author ze an directed to execute and attest, respectively, the agreement between the City of Denton and Dave Krause, providing for communication line services in accordance with the terms and conditions of the attached agreement. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPtiUVED this the day of , 1988. A; Ar C MY STEPHENS, MAYOR 4 yl 'T R ATTEST: a I It 1, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 9 f'~ BY: Oc~ f f la ~4 ~l c°. EXCERPT MINUTES PUBLIC UTILITIES BOARD August 11, 1988 8. CONSIDER COMMUNICATION LINES CONTRACT. E Nelson advised that the Electric Department has been approached on several occasions about the possibility of private business installing their own telephone cables on the City's power poles. f This new emphasis for individual telephone cable development is a result of the deregulation of the telephone industry. The Electric Department is very concerned about liability and coordination of lines and facilities if the Department were to lease space on its poles or in its easements. As a solution to meet the needs and concerns of our local businesses, the Department is proposing to purchase, install and lease on an individual basis, communication lines to Denton businesses. The City already has an extensive city and Electric Department communication system between its own facilities, and therefore, has the expertise to provide this service. These lines, however, are 'dedicated' lines and would not be available to private businesses. It is anticipated that this proposed communication service would not be actively marketed, but would be provided only upon specific request. The present specific request under consideration is from Dave Krause Auto Dealership. At the April 13, 1988, PUB meeting, the Board had concerns regarding return on investment, the general rate structure - and liability. The Staff has reviewed these items and proposes the following; 1) Rate of Return on Investments; 0 151 rate of return on investment o Depreciation Rate- 201/year o ROI and Depreciation applied to actual capital investment Specific for the Dave Krause proposal: c o capital cost- 450946.50 o monthly charge - 4152.00 2) Rate Structure The customer shall be billed accordingly to the style of installation, specified number and size of wires, length of construction, termination points, etc. Therefore, a rate structure cannot be established due to the extreme versatility of installation and each service will have a separate and specific contract and rate. 3) Liability Communication Line Contract, sections A, e, and F reflect that the City shall NOT BE liable for damage to the property, personal equipment, and/or lines beyond the designed termination points. LaForte made a motion to approve subject contract. Second by Chew. All ayes, no nays, motion carried. 6013U:9 f 1 2444L COMMUNICATION LINE SERVICES AGREEMENT azmarrrrraraarazsareaaeeeasaasaaaearaaaasmmaeasaaressaamasarraaraa ' Administrative Information I t I Contract No.: 5001 Account No.: E Name of Customer: Dave Krause Billing Address: 1610 W. University Dr., Denton, Tx 76201 Number of Available Pairs: IOU Charge Per Month: $135.34 Date Installed: P.U.E.D 36 -`r aamaataataaarrasarararaasarr:rrrarrsararrraaaesaaaarrarreasrsraarr . k Agreement made between the City of Denton (City), a municipal corporation of the State of Texas, and Customer named above. In consideration of the mutual promises contained below, the parties agree as follows: SECTION I. SERVICE AND EQUIPMENT (a) City shall install, service, and maintain necessary lines and equipment to provide a connection for communications equipp- meet between properties or buildings owned by Customer, in accordance with this Agreement. (b) In this Agreement, the lines and equipment to be installed, serviced, and maintained by City shall be referred to as the 'City System", and the lines and equipment to be installed, serviced, and maintained by Customer shall be referred to as the "Customer System". The location and termination points of the City System shall be as shown in Exhibit "A", attached hereto and incorporated by reference. (c) During the term of this Agreement, Customer may make use of a maximum of eighty percent (801) of the available number of pairs on the City System installed, as provided above. Any j additional capacity requested by Customer in excess of the limits herein provided, shall only be provided in accordance with a new j agreement. (d) The ownership of the City System shall be and at all times remain in City. The service supplied by City as provided for herein extends only to the service, maintenance, and operation of the City System and City shall not be responsible i i } for the installation, construction, service, maintenance, or operation of any part of the Customer System. (e) City shall have the right, in its sole and absolute discretion, to change at any time the type of cable, wire, materials, and equipment used for all or part of the City System. For the purpose of undertaking repairs, maintenance, or changes I of the City System, City may suspend service for such periods, will nd in such manner, as may in its judgment be necessary. City a endeavor to give Customer riot s notic P e, if the circumstances permit, of any necessary repairs, maintenance, or changes that wnuld require the suspension of service to Customer, but shall not be liable to Customer for its failure ~ to do so. (f) Customer hereby grants to City without charge, a license on and across any proppeerty owned or controlled by Customer as in the judgment of City is necessary to construct, repair, service, r or maintain the City System and authorized representatives of City shall, at reasonable times during the term of this Agreement and after its termination, have the right of ingress to and egress from the premises of Customer for any and all purposes connected with the service rendered and for the exercise of all rights secured to City hereunder. (g) After the installation of the City System, the cost of any relocation of any part of the City System requested by Customer shall be paid by Customer prior to the relocation. (h) Customer shall not interfere with or alter, or permit or cause any other person to interfere with or alter the City System, except upon the express consent of City. SECTION 11. BEGINNING OF SERVICE City shall make reasonable efforts to install the City System within a reasonable time after payment of the initial fee is made as provided in Fection IV, but the completion of installation of the Citp System by City shall be dependent on the availability of materials, the availability of installation and service crews, all of which shall be in the sole discretion and judgment of City. City shall give notice in writing of the date the City System is completed and ready for Customer's use. If City fails to complete installation of the City System so as to be available for Customer's use within three (3) months of the date the initial fee is paid by Customer to City, Customer may terminate this Agreement by giving ten (10) days prior written notice to City prior to the time City begins installation of the City System. PAGE 2 6 3 I H i I SECTION III. CONTINUITY OF SERVICE i City will use reasonable diligence to preserve as nearly as I possible the continuity of service to Customer through the city System, but in the event of failure of service, in whole or part, Customer shall not make any claim against City or seek to hold f City liable for any damages, consequential or otherwise, on account of any failure of the City System, regardless of the cause thereof. SECTION IV. RATE AND BILLING (a) Within fifteen (15) days of the effective date of this Agreement, Customer shall pay the City an initial fee in the amount of One Thousand Dollars ($1,000.00) for the service to be provided herein. (b) Customer shell also pay to City the monthly charge stated I above, beginning in the month that City notifies Customer that the City System is installed and ready for use, and continuing for each and every month thereafter during any term of this Agreement. (c) City shall mail or delivery to Customer a monthly bill at the billing address stated above for each monthly payment to be made as provided herein. Each monthlv bill shall be due and payable within thirty (30) days of mailing or delivery by City. The failure of City to mail or delivery a bill in any month for which a monthly payment is required herein, shall not waive the right of City to thereafter bill for and receive any monthly payment required to be made as provided for in this Agreement. SECTION V. TERM Thia agreement shall become effective upon execution by both i parties and shall continue to remain in force and effect for i sixty (60) consecutive calendar months beginning in the month in which City notifiethe "initia ter s Customerlthatmthe City System is complete and available for Customer's use. After the expiration of the initial term, this Agreement shall coiitinue from month-to-month, unless otherwise terming ` herein. tad as provided f *j SECTION VI. TERMINATION rr a z (a) During the initial term of this Agreement, Customer may terminate this Agreement by (1) giving written notice to City at least thirty (301 days prior to the proposed termination date, PAGE 3 I .4 5 t i N I l i . A and (2) by paying to City, prior to the proposed termination date, the total amount of the monthly charges that would have been otherwise required to be made during and throughout the ` remaining months of the initial term of this Agreement. II i (b) City may terminate this Agreement at any time for customers nonpayment of any charges owed or for any other breach of this Agreement. I (c) After the expiration of the initial term of this Agreement, either party may terminate this agreement upon giving thirty days prior written notice to the other. r I , E. SECTION VII. USE OF CITY SYSTEM; APPLICATION OF LAW (a) Customer shall not make use of City System for any other purpose than to provide communications services between properties or buildings of Customer. Customer shall not sell or grant to any third person the right or privilege of using the City System for any purpose. (b) This Agreement is made with the express intent- and understanding of both parties that in providing the services herein agreed upon: (1) City is not acting as and does not qualify as a ' public utility or retail public utility, as defined by the laws or regulations of the State C of Texas; (2) City is not required to apply for or receive any certificate, permit, license or other form of approval from any State or Federal regulatory agency; and (3) That the services or rates herein provided for are not required to be approved by, and are not ` subject to the jurisdiction and control of, any r State of Federal regulatory agency. l I (c) Should, during the term of this Agreement, any court or It State or Federal regulatory agency with jurisdiction over the subject matter of this Agreement, find, determine, or rule, or should City, in its sole discretion find or determine, that any of the understandings stated in paragraph (b) of this section do not or no longer exist or apply, City may terminate this Agreement. 1 PACE 4 M I M E;. a, f y (d) Should any provision of this Agreement be in violation of any State or Federal law or regulation, as found or ruled by any court or regulatory agency having jurisdiction over the subject matter of this Agreement, City may terminate this Agreement. (e) Should City exercise its right to terminate this Agreement under this Section, it shall do so by giving by giving thirty (30) days prior written notice to Customer, and Customer shall not be liable for the payment of any monthly charges for any month after the termination date. SECTION VIII. MISCELLANEOUS (a) Administrative Information. The Administrative Information at the beg nn ng o L s Agreement shall be material terms of this Agreement, subject to all other provisions of this Agreement. (b) Taxes. Customer agrees to pay all taxes, including any federal or state excise or use taxes, or other taxes which may be assessed or levied by any governmental entity on account of the service rendered to Customer. (c) Successors and Assigns. This Agreement will inure to and be binding upon the successora and assigns of the respective i parties, provided that Customer shall not assign this Agreement or any rights relating thereto to any other person without the s i- express written consent of City. Executed this day of , 1988. CUSTOMER CITY OF DENTON I Bcv-. BY. APPROVED. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ,l BY, 1 PACE S tr 114 11 LZTL= LEE= Llml~ LJLE= LIM= LEE= } S r 1 f ~N! <I ME= r 1 I 4 J i LAIC: U~i2Uibb L1)l LGLhLIL KLr'LKI fLKW i 10: rayor anu i,;eribers of the City Council FROh: Lloyd V. Harrell, City Marager SUBJECT: Adoption of an ordinance establishing a fee for landscape permit fee RECOf VENVAT ION: the staff reconnends approval. WNW: A fee of $3U.CU is proposed for landscape permits watch includes plan review and on-site inspections. The fee would be in addition to any other permit fees. BACKGROUND: The City Council has adopted a Landscape/Tree Preservation ordinance which requires a landscape plan to be approved prior to issuance of building permits. PROGRMS UEPARDIENTS OR GROUPS AFFECTED: The Planning and Development Department and tfie Building Inspection Division of Public Works will be responsible for plan review and site inspection. FISCAL IMPACT: The proposed fee will cover the staff cost of the review and inspection for an average project. ! Res tfully submitted: P Prepared by: C ty Managerr 'aa 'r 4tTiEvan-s ~ Planning Admlr.istrator i 4pp ved: ' o ns, Executive Director for Planning and Development r f 1 4 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566-8200 4 f MEMORANDUM ti i , a a! Late: September 15, 1988 4 = To: Mayor and City Council Prom: Elizabeth Evans, Planning Administrator Subject: Landscape Permit Pee Ordinance r, Staff of the Planning Department and the Building Inspection Division have analyzed the average projected costs of review and on-site inspection for the Landscape Ordinance, The study identified the staff time for processing the permit to ti4 ap- proximately 2 1/2 hours. The majority of the review will be done by a Plannin Department Urban Planner whose base salary is approximately 112.00 per hour. Therefore, we are recommend- ing a flat fee of $30.00 per permit. Some larger projects may require more review and inspection time but some smaller projects will require less time. Our analysis indicated that the time difference between large and small projects is quite small and that a flat fee is appropriate, J Ellz th Evans ab r r g`~'ggyll Y 9 ' ~f J 1 ll i T w t' F" 2491L NO. AN ORDINANCE OF THE CITY OF DENT ON, TEXAS, ESTABLISHING A FEE TO BE CHARGED FOR ANY APPLICATION FOR ANY BUILDING OR PARKING LOT PERMIT FOR ANY PROPERTY TO WHICH THE PROVISIONS OF ARTICLE III OF APPENDIX C OF THE CODE OF ORDINANCES APPLY; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. As provided for in Appendix C (Denton Landscape t Code o t e ode of Ordinances, a fee in the amount of $30.00 is hereby established and shall be charged for an application for a building or parking lot permit for any property to which the provisions of established shall Article 1e in ladditi n pptodany 0 other fee T established herein any other ordinance. { 3 SECTION II. That this ordinance shall become effective imme ate3~Ty upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY j RAYW~ ATTEST: 3ENNIF E , APPROVED AS TO LEGAL FORM: DEBRA Arml DRAYOVITCH, CITY ATTORNEY BY: 9 _ n f I I i 0 L. 1 i ,i 4 i LV CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 i TELEPHONE (817) 566.8200 ors:" ti MEMORANDUM µ } DATE: September 20, 1988 T0: Mayor and Members of the City Council S t FROM: Monte Mercer, Controller SUBJECT: YEAR END BUDGET ADJUSTMENTS p Pursuant to City Charter, Sec. 807, the attached resolution, as indicated on Exhibit "A", is to make allowance for projected expenditures for city departments. This adjustment will not increase the current budget or impact Fund Balance. S The funds being transferred on Exhibit "B" are for Capital Projects which were budgeted in the Water/Wastewater operating a fund from current year revenues. This transfer is to move these funds to Capital Project Funds. d 6i. rtonte Mercer . 5 km:/af Attachments 3811F 1 r15 ~S ,1 F Y !a { ! ~ 1\ L yt 1 l i, r E } ` L , 9 I I n L 4". CITY of DENTON, TEXAS MUNICIPAL BUILDING" ; DENTON TEXAS76201 i TELEPHONE(817)$66.8200 t 111gA.4 N 4 d I I DATE: September 16, 19eS f' TO. Lloyd V. Harrell, City Menager FROM., Monte Mercer, Controller I ti SUBJECTS BUDGET ADJUSTME14T ORDINANCE Pursuant to your request, the following is an explanation of budget overruns: 1. Municipal Court Clerks a The amount of 9,248 is 3 reapplication of funds that were provided in the Municipal Court Judge's budget. This amount relates to costs associated i with renovation, office supplies and office equipment. There is an equal offset to Municipal Court charges. $ 2. Library - Adult Services t ' i During the year, th- Director of the library reorganized personnel to more efficiently and eftectively provide library services. The overrun in Adult Services was offset by savings in the other areas. P I 3. Traffic Enaineerinc 4 1 ~ t The 7,600 overrun is due to supplies and maintenance of traffic signs, vehicle maintenance and Jtility services. 4. Street Lfghtinq s The 13,000 budget overrun will bring the budget in line with actuil street lighting costs for the fiscr•1 year. Both the Street Lighting overrun and Traffic Engineering overrun ate being offset by savings in the Engineering Department. { 1 ,i A i 4 1 Memo to Lloyd V. Harrell September 16, 1988 Page 2 of 2. 5, C.II,D. The overrun of 413,070 was due to an increased amount of overtime expenditures related to additional courtroom aparances. being offset by savings in other Police Departmentebudgets, The amount is 6. Accounting (Miscellaneous) is g 1 The 45110C0 budget overrun is due to the increased amount of fees to the i attorneys providing delinquent tax collection services on ad valorem taxes. Collections were higher than anticipatedr therefore, the fee to the attorneys has increased. In addition, revenues have also increased, since the attorney fees are added to the delinquent tax bill. 7. Fire Deo3rtment Fire Operations experienced a $206,000 shortfall due to the following unbudgeted itemsr Retirement of Cecil white 4 33,230 Retirement of Sam Adams Holiday Pay 14,400 Variance in Civilian Overtime due to a Combination of 20,CU0 Dispatchers with Police Writeup Pay for Civil Service Absences 6'000 Y 33,000 106,680 Fire Administration experienced an expenditure overage due to the retirement of Paul Reed. The retirement amounk was $22,900, resulting in an overage in expenditures of 440000. I The Fire Administration overage will be offset by a savings in Fire Prevention, Fire Operations and Police C.I.D. will be covered by Police % and Accounting (Miscellaneous) savings, If you have any questions, please do not hesitate to contact, me. Monte Mercer _ MM :s fn 3023F t i i +Tj 2474L i kw rr . RESOLUTION NO. a. A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1987-88; AND DECLARING AN EFFECTIVE DATE. SECTION 1. The budget adjustments, as indicated on Exhibit "A", attached hereto and included by reference herein, for the fiscal year 1987-88 are hereby, in all things, approved and ratified. SECTION II. That this resolution shall become effective imme ad~ ely upon its passage and approval. PASSED AND APPROVED this the _ day of , 1988. MA b fEPREEMT f.4 O Y 1 j w' ATTEST: JERAIFE3t-RAL rE M Al APPROVED AS TO LEC4L FORM: DEBRA ADAMI DRAYOViTCH, CITY ATTORNEY BY: K} I ' ESL c nlH' q .6~aJ. ...t. e 1 1 1 i 1 I 1 r t EXHIBIT A GENERAL FUND BUDGET ADJUSTMENT FISCAL YEAR 1987-88 j DEPARTMENT BUDGET TRANSFER MODIFIED :t:tt::trettttttrttrtr:r 4441987-88 44444:tt AMOUNT trtt:Dtrtet GENERAL GOVERNMENT 445,950 0 445,950 LEGAL ADMINISTRATION 324,156 0 324,156 MUNICIPAL CT JUDGE 104,420 (9,248) 95,172 PLANNING 393,359 0 393,359 FINANCE ADMINISTRATION 254,191 0 D e PURCHASING 202,855 0 254,191 CUSTOMER SERVICE 0 2029855 TREASURY 99,238 (34,000) 765,238 ACCOUNTING 147,489 0 147,489 TAX 322,965 (17,000) 305,965 TAX COURT 60,666 0 60,566 173,630 9,248 182,778 MUNICIPAL SERVICES 0 0 1 OP ANALYSIS ';3,854 (20,000) 139,854 4 PERSONNEL 83,686 0 83,685 WORD PROCESSING 34488,,302 302 0 348,302 i DATA PROCESSING 179,427 0 119,427 730,352 0 730,351 I BUILDING OPERATIONS 716,320 0 716,320 PARKS ADMINISTRATION 214,454 0 214,454 RECREATION 741,245 0 741,245 MAINTENANCE 811,461 0 811,467 LIBRARY ADMINISTRATION 0 0 0 SUPPORT SERVICES 205,187 (21000) 203,181 ADULT SERVICES 240,980 (21000) 238,980 2t4,689 200 219,78 CHILDREN SERVICES 1 22,601 (1,200) 121,601 EMERGENCY MANAGEMENT 76,642 0 76,642 AIRPORT 79,441 ANIMkL CONTROL 0 79,441 ENGINEERING 246,201 0 246,201 INSPECTION 828,848 (20,600) 808,246 TRAFFIC 347,118 0 341,118 PUB WORKS ADMINISTRATION 224:311 7,6000 324,346 STREET PATCHING 789,210 224,311 SWEEPINO/ORAINAGE 0 189,219 STREET CONSTRUCTION ~ 1 '1 0 338,316 STREET LIGHTING 370t448 8 0 831,848 370,461 13,000 383,467 FIRE ADMINISTRATION 244,640 49000 248,640 OPERATIONS 3,605,798 106000 3,611,798 PREVENTION 142,773 (4,000) 138,773 PO LICE ADMINISTRATION 201,200 (10,000) 191,200 CID POLICE ADMINISTRATIVE 748'102 13,070 7810772 PATROL 488,754 (35,010) 453,684 AOMIN M7SC (ABOVE) 21983,709 (35,000) 2,948,T09 ACCT MISC (ABOVE) 1,069,235 (61,000) 1,120,235 PLANNING MISC (ABOVE) 148,601 0 148,507 TOTAL GENERAL FUND 221769,228 0 22,169,226 1 i WATER UTILITY FUND EXHIBIT B ! WATER FUND BUDGET ADJUSTMENT FISCAL YEAR 1987-68 BUDGET TRANSFER MODIFIED j DEPARTMENT 1987-88 AMOUNT BUDGET , t###tttts###t#ttt#t###tt tt#t#111111 #ttt##t#t#t #t###t##t## WATER DISTRIBUTION 2,054,066 (458,626) 1,695,440 WASTEWATER COLLECTIONS 997,194 (291,378) 705,816 WATER CONSTRUCTION FUND 0 458,628 458,626 W.WATER CONSTRUCTION FUND 0 291,378 291,378 y y 1 I :~Y~ C TOTAL 3,051,260 0 3,051,260 's ,S 1 1 j n 1i I I 1 1 I i 1 4 r5p 1r 1 •4~ ~ r I1 1 t ~ Y i r i lS ~i 1 ' ~ 1 i j vp N 2448Li RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGN- MENT OF A CONTRACT BETWEEN THE CITY OF DENTON AND DOMINION BRIDGE-SULZER, INC. TO SULZER CANADA INC.; AND PROVIDING FOR AN j EFFECTIVE DATE. WHEREAS, the energy firm of Dominion Bridge-Sulzer, Inc, has been assumed by the firm of Sulzer Canada Inc.; and WHEREAS, pursuant to Ordinance No. 87.230 the City of Denton has entered into an agreement with Dominion Bridge-Sulzer, Inc. for the construction of a turbine with auxiliar eqquippment for + j the Lake Lewisville Hydroelectric project; NOW, TH REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager is hereby authorized to execute an ae'signment of the contract between the City of Denton and Dominion Bridge-Sulzer, Inc, to Sulzer Canada Inc, a co which is attached hereto and incirporated by reference 6 rein y of SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1988. MY STERMW ATTEST, e f APPROVED AS TO LEGAL FORM., DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY SULZER CANADA INC. EXTRACT OF THE RESOLUTIONS OF DlFi'70RS OF SULZER CANADA INC. adopted on the 18th day of December 1987. CREATION OF THE DBS ESCHER WYSS DIVISION AND APPOINTMENT OF OFFICERS " WHEREAS it is deemed expedient and appropriate to J create a division o+: the Corporation to carry out as of F January 1, 1988 the business presently being carried out by the Energy Division of Dominion Bridge-Sulzer Inc.t and WHEREAS it is deemed appropriate to appoint officers of such divisions Ii RESOLVED THAT the Corporation hereby create a division to be named 'DOS Becher Wyss, a division of Sulzer Canada Inc.' to carry on the business presently carried out. THAT the following persons be appointed officers to hold the offices is DBS Becher Wyse, a division of Sulzer Canada Inc. appearing beside their name herein belows NAME 1_ OFFICE Werner R. Stru N Division President Andr6 J. Mettler Division Treasurer and Division Assistant Secretary Keith Pomeroy Division Secretary and Division Zia Burns Assistant Treasurer Y Division Assistant-Secretary. " i AUTHORITY TO REPRESENT AND BIND DBS ESCHER WYS9 A `k. DIVISION 0 S LZER CAN DA NC. " WHEREAS it is appropriate to designate the persons who shall from time to time be authorized to represent and execute binding documents on behalf of DBS Becher Wyss, a division of Sulzer Canada Inc. ;j RESOLVEDi THAT any one of the officers of DOS Escher Wyss, a division of Sulzer Canada Inc. be and are hereby authorized, for and on behalf of DBS Escher Wyss, a division of Sulzer Canada Inc-, to represent DBS Escher Wyss, a division of Sulzer Canada Inc., to execute all documents and do all acts or things necessary or required to allow the carrying out of the business of DOS Escher Wyss, a division of Sulzer Canada Inc. " ,r E'. I, the undersigned, EDITH GRAB, the Secretary of v SULZER CANADA'INC., hereby certify that the foregoing to a certified true copy of the resolutions u„ nimously adopted by the Directors of SULZER CANADA INC., on December 180 1987, and said resolutions are still in tull force and effect. 1 SIGNED on this 18th day of April 1988. c t Cara Secretary u ' ~f•j F i i 1 I ` ASSIGNMENT j ' HEIWEENt DOMINION BRIDGE-SULZER INC., s body corporate duly constituted under the lave of Canada, having its registered office at Lachina, Quibec, Canada, (hercinafter referred to as the tAesignor1)j fi s ANDj SULZER CANADA INC. a body constituted under the laws of Canada t having Its registered office at Poinie-Claite, QuEbsc, Canada and heroin transacting as regards its division, DBS xr iiyaa, (hereinafter referred to as the tAseigne WHEREAS an agrasaent dated December 29, 1981 vu executed by AMCA I Sullir nternational Limited, Inc, Sulter-Eschar Nyss Limited, Dominion by AN - division, , D8S and lecher Wyss C Inc, therein transscting as regsrde its divisichar yse (Agreement reorganising the operations As(thesigno and certain assst• of the r (Agaffective December 91, 1987, to silllE,tlassl~n eandhtransferi to the tAssIgneem as t il the December Assignor agreed certain assets therein described including vithout the dated De contract ember batvion city of De limitation nton, Texas and Dominion Bridge Sulter Inc ' cember 8, 1981 (the sAssigned Contract,). s t°. _2. NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which I?. hereby acknowledged, the parties hereto agree as follows[ Z 1. Assignor hereby assigns to Assignee with effect as of December 31, 1987, all right, title, interests covenants and obligations in and to the Assigned Contract dated September 21, 1979 and September 24, 1979 described in Schedule A attached hersty, including all rights of action or other rights accruing to the Assignors or which might hettafter accrue to the Assignor under the said Assigned Contract, Assignee agrees that it shall perform and fulfil all the terms and obligations of the Assigned Contract. 3. Assignor undertakes to execute all further documents necessary to carry out the assignment of the Assigned Contract effectually as of December 31, 1987, r IN WITNESS WHEREOF the parties hereto have executed this agreement with effect as of December 31, 1987. 'i DOHIRION BRIDGE-SULZER INC. • ~,t,t,~ Byl SULEER CANADA INC., ttensacting herein as regards Its division y' 'i DBS E or Wyss ;a I r4°.` b SCNEDULE -A- Contract No. 720-110 for the Supply of a Turbine/Generator and Associated Equipment for the Lewisville Hydro Electric Project, between City of Denton, Texas and Dominion Bridge-Sulzer Inc., dated December 8, 1987 (the eCos,teacte), The Contract includes among others the following documental a) City of Denton, Texas Bid Specification No. 9733, dated March 12, 1987. , b) City of Denton, Texas Purchtee Order No. 82392, dated December 21, 1S87, k c) Dominion Bridge-Sulzer Inc. Proposal No. 721-0721 dated April 10 19876 f r9Jf~ ~ j J~ j i Consent to Assignment City of Denton, Texas$ a party to the contract identified in Schedule A attached to the preceding assignment$ hereby consents to such foregoing assignment. Datedi i CITY OF DENTON, TEXAS r 4 byt 't ' i } { I I f 4 "f 1 w 088 ESCHER WY88 555, rue Nolte Da:ne, Lachine 1Monlr6ap, Canada H85 2131 T6I: )514)634.3551 • T6ler, 05821583 • T61Aoopieur:{514) 636.6178 April 22, 1988 City of Denton Purchasina 901-B Texas Street Denton, Texas 76201 U.S.A. Attention= Mr, Jehn J. Marshall ) Purchasing Agent References City of Denton, Texas Lewisville Hydroelectric Project Specification No. 62.02CO a S V Project No.10566 Our Contract No. 720-110 ASSIGNMENT OF CONTRACT Dear Mr, J,J. Marshall, The Energy Division of Dominion Bridge-Sulzer Inc, was created in 1580 when Sulzer Brothers of Switzerland joined forces with Dominion Bridge Company Limited of Canada. The Company's objective was to more effectively serve the North American market from a manufacturing base and head office in Lachine, Qsebec, using Sulzer Eecher Wyss hydraulic turbine technology. The remarkable success of the Energy Division in this market over the years has encouraged Sulzer Eecher wyra to establish a separate Canadian organization totally dedicated to energy equipment, in order to reinforce the commitment to advanced technology and the highest standards of customer service in all our markets. ` We are, therefore, pleased to announce that as of January 1, 1988, the Energy Division of Dominion Bridge-&11zer Incorporated became 09S ESCHER WYSS, which retains all the staff, manufacturing ' facilities, offices and resources of the former Energy Division's established role in the nuclear enerv field, ' DB: ESCHER WYSS is a Canadian organization with head office in Lachine, (near Montreal) operating under the corporate umbrella of i Sulzer Canada Inc. Our new corporate atiucture, concentrating our f activities in two key areas of energy equipment, will allow us to better serve our clients, The details of this new structure are briefly outlined below. s OVERALL OWNERSHIP f j DBS Escher Wyss is part of the worldwide interests of Sulzer Brothers Ltd. of Winterthur, Switzerland. Thie international corporation is active in many diffuren, markets and with many different products. These products are organized into four main groups, sibleiforthedroEscher -turbine Wyss teGroup chnology, the member hinpon_ and shi hydro-turbine paper machinery ' hydro-turbineslandsrelated Eproducts sunder supplies the technical direction of this Group. t Sulzer Brothers Limited also operates, under the Sulzer International Group, regional sales companies. Sulzer Canada Inc, is a Canadian corporation wholly owned by Sulzer Brothers Limited. For financial reporting and taxation reasons, DB,C Escher Wyss is organized as a division of Sulzer Canada Inc. ' 111111.1 /ntren l.l.e ' 1l,MI I7leyeee IaU N I1ntNre leper IrgMn N! r x 4at.1I" CeetMlee or rate Ilene At \ tow ►lere 1011 llnenee 1014 /r eseutn/ hrnemei MrwreA 1 NVgepynl /lent rethroleey Vlnlerlher foal IIt IlKhlner trey' x Grey X Grey 914 hot Wteklernlelenel 1 ! IN tKMr lryee OA111on leteer tene/ex t MO/Vtrl/rttwwl0li x ADNI M/fIMMtUtAtl) l N ' I , I DBS Escher Wyss 1 The DBS Escher Wyss division of Sulzer Canada Ltd. has assumed the assets of the former Energy Division of Dominion Bridge-Sulzer. The offices remain in Lachine, QuBbec, and the work shops used by the former Energy Division to execute hydro-turbine contracts are under the ownership of DBS Escher Wyss. Financial Reporting is accomplished via Sulzer Canada to Sulzer Brothers Limited in Winterthur. Direction of technology, product research, model development and testing and related expertise are t provided by Sulzer Escher Wyss Ltd. of Zurich DBS Escher Wyss maintains the same structure as the former Energy Division except that Mr, W.R. Strub is now division President. The complete staff organized under departmental management is unchanged from the former Energy Division structure. r IK U+Mr Wet A. „ Il+lIlan luta+r Cenele i lYlter tlsMr V,tt /oar/ el Olrestart IrolYtt tl+nger : IYIN/ LM+/+ ' ~IWYIt NeMelgy rll Mnt • ru Ienl lln+naltl rgmtln/ M fit" VV IS IYIof Qnde W.I. brYr I t WrNlln SMIn+a ln/ 14nu haturlnl pN ltl Auegne+ font nat e+n+Iw+nt hreMllnt I i i r 4 I on 19CRIA WYSS The decision to restructure Dominion Bridge-Sulzer ` separate and distinct Inc, into two contracts entities necessitates the assignment of all previously held by Dominion Bridge-Sulzer Inc. r To that effect we request your acceptance of this assignment and we are confident that upon reviewing the above as well as the attached Assignment Agreement executed under seal between Dominion Bridge Sulzer Inc, and DBS ESCHER WYSS you will recognize this assignment to be essentially a formality. We, therefore, request that you execute both copies of the attached Assignment Agreement and ` i subsequently return one set to the undersigned. ~ For your convenience we are also enclosing a letter from our lawyers, Lafleur, Brown, De Grandprd giving further details on the 1987 reorganization and extract A and B of resolutions of the Bnard of Sulzer Canada Inc. creating and giving DBS ESCHER WYSS ` authority to enter into contracts. Proper We trust that this assignment formality can be accomplished without delay, please do not hesitate to contact the undersigned should you require any additional information, Looking forward to your prompt acceptance we remain. Yours Truly DBS ESCH WY SS Ol Mettler Manager-Finance AJM/88 I , i 4 LAFLEUR, BROWN, DE GRANDPRe BARRISTERS ANO SOLICITORS SUITE 3725, 1 PLACE VILLE MARIE TORONTO MONTREAL QUEBEC, OC4 S1,SUITE 3460, SOUTH Tow4" BEO, CANADA H3B 3X4 6RUSSELS POrAL 6ANR PLAZA TELEPHONE (5141 878.8841 AV LOUIS E 386 4 TORONTO, ONTARIO, CANAOA N5U 1,,1 CABLE ADDRESS"MANPJN" TELEX 05.25610 1060 6RUSSELS, 1EL61UM 1El.14i$4 869.0094 TELECOPIL 7S 15141 1178.1450/1514) 395-8749 TEL.024 647 66 75 71L000PILN 141$4 361.8614 641 71 Sa TELEX 19481 EURC414 a TELECOPIER 846 76 19 OUR rILEt REPLT ATTENTION OE Montrdal, January 4, 1988 I, ? To whom it may concern, Re' Dominion Bridge-Sulzer Inc, - 1987 ReorRanitation Dear Sirsi We have been asked by our clients to provide You with an overview of the corporate reorganization of Dominion a Bridge-Sulzer Inc, effected as of December 111 1987 and, mo;. specifically, of the status of the then Existing contractual commitments of Dominion Bridge-Sulzer Inc. - An agreement dated December 29, 1987 was entered into by ANCA International Limited , a CanSwiss 7 corporation, Sulzer-Escher Wyss Limited "("Selz r corporation, Dominion Bridge-Sulzer Inc. ("DBS")and Sulzer Canada Inc., a Canadian corporation, therein transacting as regards its division DBS Escher Wves ("DBS Escher Wyse") providing for the reorganization of the operations and the sale of certain assets M and/or liabilities of DBS (the "Agreement"), AMCA and Sulzer were at that date and remain the beneficial holders of 511 and 491 respectively of the outstanding voting securities fo DBS. I f I i 1 h ti I LAFLEUR, 8f1GWN, DE GRANDPRE is -z ~ The Agreement contains the usual sale of assets agreement. The contractual pprovisions found In a rovisions applicable to AMCA have their counterpart applicable to DBS Eecher Wyss, since these parties basically have purchased two distinct operating divisions of DBS (i.e. Structural 6 Mechanical Division b of Interest y AKCA and Energy Division by DBS Escher Wyss). The provisions In h Agreement applicable contractual relationships DBS assigned to DBS Eacher Wyss are detailed below. It should be noted that in the Agreement the phrase "Sulzer Profs* i Center" refers to the Energy Division. Section 6,1 of the Agreement provides that DBS agrees i to sell, assign and transfer to DBS Escher Wyss and DBS Eecher Wyss agrees to purchase from DBS as of December 31, 1987 certain assets including] "...(d) the supply contracts, supply commit- ments, purchase orders and purchase commit- ments, the loans, leasehold agreements and rental agreements, and the other contracts, agreements, variation licensee, permits, comadtments, employee benefits, utility service terms and conditions, performance obligations and other arrangements related to the Sulzer Profit Center as defined in the final document]". On the other hand, Section 8.1 of the Agreement provides the followings "8.1 Assumption of Liahilitieby DBg Eecher "You i Effective January 1, 1988, Sulzer undertakes l (i) to perform and fulfill all contracts, II commitments and engagements to be purchased by DBS Escher Wyss pursuant to Section 6,1(d) and all liabilities and all actions, sui.e, claim,, proceedinga, investigations, arbitra- tion proceedings or other proceedings of any nature (including product liability and product warranty claims) Belated to the Sulzer Profit Center and the Sulzer Profit Center Employees." i i tr 6 I N LAFLEUR, BROWN, DE GRANDPRt r -3 - The Agreement also contains various provisions dealing with assignments of contracts„ including the following: ` "16.1 Delivery of Closing Documents by the Company The Company shall deliver to AMCA, Sulzer and D11 Escher Wyss all necessa••y deeds, conveyances, bills of sale, assurances, transfers, assignmenta and consents, in- eluding all necessary consents and approval to the assignment of the Leases, agreements and contracts referred to In Exhibit 2.1(e) and any other documents necessary or reason- ably required to (a) effectively transfer the AMCA Purchased Assets to AMCA and (b) to effectively transfer the Sulzer Purchased i`. Assets to D8S Escher Wyse." ` "17,2 Consents to Assignmente of Contracts ~i Subject to the provisions of Section 18,2, the Company shall assist in obtaining from the parties to all contracts, engagements or commitments referred to in Section 2.1(e), (or 6.10)), which require the consent of a third party, consent to the assignment of 4 the Company's interest in said third party's respective contracts or engagements to AMCA or DBS Esther Wyss." "18.3 Further Assurances II Each of the parties hereto upon the request of the other party or parties hereto, whether before or after the Time of Closing, shall do, execute, acknowledge and deliver or cause to be done, executed, acknowledged or delivered all such further acts, deeds, documents, assignments, transfers, convey- ` antes, powers of attorney and assurances as may be reasonably necessary or desirable to effect complete consummation of the transac- tions contemplated by this Agreement." pit 1 1 f M: f N I LAFLEUR. BROWN, DE ORANDPAt -4- "16.4 Assignment of Contracts, etc, To the extent the assignment of any 1 contract, lease, commitment, security or other asset to be assigned to AMCA or to DBS Eacher Wyss pursuant to h hereof shall require the consent ofpan"i other her i ~ party, this Agreement shell not constitute a contract to assign the same if an attempted assignment would constitute a breach thereof. ` The parties hereto shall use their reasonable beat efforts to procure consents to any such assignment. If any such consent is not obtained, the parties hereto shall cooperate with AMCA or DBS Escher Wyss, as the case may be, in any reasonable arrangement designed to provide AMCA or DBS Esther Wyss the benefit ' of any such contract, agreement, commitment, security of other asset, including enforce- ment of any and all rights of the Company against the other party thereto arising out of breach of cancellation thereof by such party or otherwise," As you may conclude from a review of the contractual provisions exerpted, the parties to the Agreement retained as much flexibility as possible to deal with unknown situations at the date of execution thereof, including deeming the Agreement not constituting a contract to assign if such an assignment would constitute a breach of such contract. Further, the Agreement envisages the fell cooperation of all parties to effect the various transactions required to give effect as of December 31, 1987 to the reorganization. should be noted a intend to finalize the financial a.lustmentatiat the end Aof eMarch 1988. DBS in concert with DBS Escher Wyss is currently seeking consents to the assignment of all its existing contracts, where such consents a,j required, in order to perfect via-8-vie third I~ parties the sale of the Sulzer Assets. Attached hereto for your o information to a specimen of the Assignment Agreement executed by DRS in favour of D89 Eacher Wyss in connection with all existing I contracts of DBS. h I I f # LAFLEUR. BROWN, DE GRANDPRt -S- ue trust the above will provide you with a better understanding of the contractual terms governing the reorganiz- ation of DBS as of December 31, 1987. Should you require any additional information, we shall be happy to assist. Yours trul%, Lafleur, Brown, de Grandprd i r ti f I i E I 1 3 i 1 I I { f clrY 0f DENroN TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817) 366.8200 DATE., September 16, 1988 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECTS AUGUST BUDGET REPORT As the fiscal year begins to wind down, there is not much difference to report from Fi prior monthly reports. The major revenue change was in the receipt of the August sales tax check. The check amounted to $316,927. This was 5310233 less than projected (budgeted) and 318,131 under last year'a check, However, through the month of August the fiscal year-to-date collections are $67,298 t over budget. The wide fluctuations in monthly receipts make it difficult to project the future but, hopefully, we will end the year coming in over budget. As reported in prior months, the other revenue categories that are down are Fire Department fines and building-related fees. On the positive have just received a $1,000 check from Acme Brick in nt side, we t franchise fee. Since this franchlee fee was Payment of their amount wau not in the 1987-88 original tudget. just recently negotiated, this Overall, total General Fund Revenues of $21 73 q 4 186 have represents 94% of total budget. At this same been collected, which i actual collections had been received. Period last year, only 921 of t> " Total General Fund expenditures and encumbrances through August were ` $19,847,2489 which represents 871 of the total budget. At this same period last year, 891 of total actual expenditures had occurred, 4 ~ We have submitted for Council approval, on September 20, the Annual Budget Adjustment Ordinance. The Ordinance adjusts areas that are projected ` over budget. However, it does not change the total amount budgetedlittonly ~R4l W%~,q FP'1141JR n j~l.i u-.y l.' J 1 I I 1 Memo to Lloyd Y. Harrell September 16, 1988 ' Page 2 of 2. reassigns, on an internal basis, budgeted dollars. Therefore, there should be no change in fund balance if actuals come in as projected. Should you have any questions regarding any of the above, please feel free to contact me. PV- hn F. W Grane JFM:sjn 362OF i I r d J F r S 1 t, I I'd 1 I it i f i~ i I i j E E t, S i r i Fl LE ~r e. .y i