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HomeMy WebLinkAbout11-01-1988 r, kw AGENDA CITY OF DENTON CITY COUNCIL November It 1988 Work session of the city of Denton City Council on Tuesday, November It 1988, 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 the COG Economic Study for the Denton Municipal Airport and the C.O. Debt Retirement for the Denton Municipal Airport. 2. Hold a discussion regar.ding the proposed revisions to Article 170 Signs, of Appendix B, of the Code of Ordinances. 3. Receive a report from the Council's legislative lobbying committee. 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Discuss County v. City and retention of counsel. 2. Discuss in re: Plow Hospital. B. Real Estate Under sec. 2(f), Art. 6252-17 ii V.A.T.S. { 1. Consider acquiring an easement for the Burning Tree Drainage Project. C. Personnel/Board Appointments Under sec. 2(g)► Art 6252-17 V.A.T.S. j 1. Consider nominations for the Appraisal Review Board 'of the Denton Central Appraisal District. 2. Continue evaluations of the City Manager, City Attorney, and Municipal Judge. Regular Meeting of the City of Denton City Council on Tuesday, November It 1988, at 7:00 p.m. In the Council Chambers of City Hall at which the following items will be considered: f City of Denton City Council Agenda November 1, 1988 Page 2 7:00 p.m. 1. Public Hearings A. Hold a public tearing and consider adoption of an ordinance amending a planneL development (PD-28) and approving a detailed plan. Petitioner is Henry S. Miller Management Corporation. The property is located between 1.3S and Colorado Boulevard on the southeasterly side of Loop 288 and is the current location of Denton Town Center. If approved, the amendment woLId permit the redesign of the parking lot and establish a Manning space ratio for the center, Z-88-015. (Planning and Zoning Commission recommen s approval with conditions). 2. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendatiogs. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listedp below are bids and purchase orders to be agenda. Detailed aback--upelinfthe ormatOionHeise atsection of the tached to the ordinances (Agenda items 3.A, 3.B). 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 09901 - Tree trimming for miscellaneous electric lines i 2. Bid 09899 - Loop 288 Sanitary Sewer Crossing - Stuart Road (The Public Utilities Board recommends approval) 3. R. Q. 0107012 - Motorola Communications 6107,335.30 - Mobile radios - 4. R.Q. 0108108 - Bound To Stay Bound Books, Inc. - $11,200.19 - Bind books for Outreach Project. S. P.O. 087057 - Booth and Newson - $14,393.28 - legal services - Lewisville Hydroelectric. f City of Denton City Council Agenda November 1, 1988 Page 3 B. Tax Refunds 1. Consider approval of a tax refund for John Neuberger/Waterfield Mortgage Co. 2. Consider approval of a tax refund for Jefferson Federal Savings 8 Loan/First Gibraltar Mortgage Corp. 3. Consider approval of a tax refund for Jefferson Federal Savings s Loan/First Gibraltar Mortgage Corp. 3 3. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accor(l~nce with the provisions of state law exemptuig such purchases from requirements of ` competitive bids. C. Consider adoption of an ordinance amending Section 24-99 (a) of Chapter 24 of the Code of Ordinances to provide for a maximum speed limit for public alleys) and providing for a penalty of not less than $1.00 and not more than $200.00 for ! violations thereof. (The Citizens Traffic Safety Support Commission recommends approval) D. Consider adoption of an ordinance amending Chapter 5 1/2 (Cable Television) of the Code of Ordinances of the City. (The Cable Television Advisory Board recommends approval) i i E. Consider adoption of an ordinance granting a franchise to Sammons Communications, Inc. to' construct, reconstruct, operate and maintain a cable television system in the C;ty of Denton and setting forth conditions accompi.nying the grant of the franchise. (The Cable Television Advisory Board recommends approval) I ti r City of Denton City Council Agenda November 11 1988 Page 4 4. Resolutions A. Consider approval of a resolution temporarily closing a portion of Hickory Street and Elm Street on ",>vember 16, 1988. B. Consider approval of a resolution setting forth principles of agreement regarding utilization of Lake Lewisville for receiving, storage and transportation of raw water from Cooper Reservoir. (The Public Utilities Hoard recommends approval) C. Consider approval of a resolution approving the necessity of condemnation of a drainage easement. I Consider the appointment of three representatives to 5. the 2499 Board. 6. Miscellaneous matters from the City Manager i 70 Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 8. New Business: This item provides a section for Council Members to suggest items for future agendas. 9. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under- Sec. 2(f), Art. 6252-17 V.A.T.S. i C. Personnel/Board Appointments Under -Sec. 2(g), Art 6252-17 V.A.T.S. 1 C E R T I F I C A T E rf I certify that the above notice of meeting was posted on the bulletin board at the City, Hall of the City of Denton, Texas, on the d%-,y of ~ 1988 at o'clock (a.m.) p.m. Y/1~T RY~ 3001C f~ i , i AGENDA CITY OF DENTON CITY COUNCIL November it 1988 Work Session of the City of Denton city council on Tuesday, November 1, 1988, 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 the COG Economic Study for the Denton Municipal Airport and the C.O. Lebt Retirement r for the Denton Municipal Airport. 2, Hold a discussion regarding the proposed revisions to Article 17, Signs, of Appendix B, of the Code of Ordinances. 3. Receive a report from the Council's legislative lobbying committee. k q. Executive Session: A. Legal Matters Under Sec. 21e1, Art. 6252-17 V.A.T.S. 1. Discuss County v. City and retention of counsel. 2. Discuss in re: Flow Hospital. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquiring an easement for the i i Burning Tree Drainage Project. ; 1 C. ?ernonnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. ~ I i 1. Consider nominations for the Appraisal I Review Board of the Denton Central Appraisal District. 1 2. Continue evaluations of the City Manager, City Attorneys and Municipal Judge. Regular Meeting of the City of Denton City Council on Tuesday, November It 1988, at 7:00 p.m. in the Council Chambers of City Hall at which the following items will be considered: i r r City of Lenton City Council Agenda November 11 1')88 Page 2 7:00 p.m. Public Clearings A. Hold a public hearing and consider adoption of an ordinance amending a planned development (PL-28) and approving a detailed plan. Petitioner is Henry S. Duller Management Corporation. The property is located between 1-35 and Colorado Boulevard on the southeasterly side of Loop 288 and is the current location of Lenton Town. Center. If approved, the amendment would permit the redesign of the parking lot and establish a parking space ratio for the center. Z-88-015. (Planning and Zoning Commission recomm-en U s approval with conditions). 2. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 3.A, 3.B). This listing is provided I on the Consent Agenda to allow Council Members to discuss any 1 item prior to approval of the ordinance. A. Bids and Purchase Orders: 1, Bid 49901 - Tree trimming for miscellaneous electric lines 2. Bid 49899 - Loop 288 Sanitary Sewer Crossing - f Stuart Road (The Public Utilities Board recommends approval) { ' 3. R. Q. 4107012 - Motorola Communications i $107,335.30 - Mobile radios f 4. R.Q. 4108108 - Bound To Stay Bound Books, Inc. - $11,200.19 - Bind books for Outreach Project. 1 5. P.O. 487057 - booth and Newson - $14,393.28 - legal services - Lewisville Hydroelectric. i 1 City of Denton City Council Agenda November 11 1988 Page 3 B. Tax Refunds 1. Consider approval of a tax refund for John Neuberger/Waterfield Mortgage Co. 2. Consider approval of a tax refund for Jefferson Federal Savings 6 Loar/First Gibraltar Mortgage Corp. 3. Consider approval of a tax refund for Jefferson Federal Savings 6 Loan/First Gibraltar Mortgage Corp. 3. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance amending Section 24-99 (a) of Chapter 24 of the Code of Ordinances to provide for a maximum speed limit for public alleys; and providing for a penalty of not less than $1.00 and not more ttan $200.00 for violations thereof, (The Citizens Traffic Safety Support Commission recommends approval) f D. Consider adoption of an ordinance amending Chapter 5 1/2 (Cable Television) of the Code of Ordinances of the City. (The Cable Television Advisory Board recommends approval) E. ^.onsider adoption of an ordinance granting a franchise to Sammons Communications, inc. to construct, reconstruct, operate and maintain a cable television system in the City of Denton and setting forth conditions accompanying the grant of the franchise. (The Cable Television Advisory Board recommends approval) t I k 1 City of Denton City Council Agenda November 1, 1998 Page 4 4, Resolutions A. Consider approval ortion of aHickoryresolution Streetemandt1rElm closing a Street on November 16, 1988. B. Consider approval of a resolution setting forth principles of agreement regarding utilization of Lake Lewisville for receiving# storaga and Utilities Cooper Board transportation (The ~jiblicwater Reservoir, recommends approval) C. nConsider ecessity of condemnation resolution udrain drainage casement. 5. Consider the appointment of three representatives to the 2499 Board. 6. Miscellaneous matters from the City Manager 7. official Action on Executive Session Items: A. Legal Matters B. Real Estate c C. Personnel D. Board Appointments 1 8. New Business: ` This item provides n section for Council Members to i suggest items for ful:ure agendas. 1 f 9, Executive Session: t f A. Legal Matters Under Sec. 21e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f)+ Art. 6252-17 1 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), ) Art 6252-17 V.A.T.S. C E R T I F I C A T E I certify that the dbove notice of meeting was posted on the 3 bulletin board at the City Nall of the City of. Denton+o?lexaso clock on the day of _ 1988 at _ (a.m.) p.m. i i 4 CITY SECRETARY j 3001C I it i r I r M j IJEJ= I l i Ll= 1 i t ~ A-1 I J= If 'I I T-F-Y-T- 1 1 s I i CITY of DENTON, TEXAS MUNICIPAL BUILDWO / DENTON, TEXAS 74201 / TELEPHONE (817) s88.8307 Office of the City Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: October 26, 1988 SUBJECT: NCTCOG Fiscal Impact Study of the Airport, Airport Revenue Projections and Certificate of Obligation Refunds 3 After the COG report was sent to the Council, several of the members had questions about tM validity of some of the numbers ' and asked Staff to go back and researLh how some of the numbers were developed. I have attached a couple of pieces of information from the F.A.A. One is a summary sheet of the counts they did in the early part of 1986. They do these counts periodically. As a matter of fact, the F.A.A. 'has called and said they are scheduled to count our airport again this coming year. Generally, they do it several times during the year and use some averaging techniques. They do most of the counting by using audible sensors that record either take-offs or landings j or both. They also supplement this with some manual counts, f although those are few and far between. i You will note on the first attachment in the upper right hand corner there is a total number of 115,500 operations that are t listed for the Denton Airport. These are broken into t categories of various kinds. You will also note that on the j othor attached sheet are individual counts done in the first part of 1986. the average count for those six weeks in 1986 I was 150.8 take-offs per day. If you multiply that by 36S days a year, that will give you 54,750 take-offs. Since the first sheet talks about operations, that could either be a take-off or a landing. Therefore, since only take-offs were counted in 1986) you would have to multiply that by two to get the total amount of operations or 109,S00. This correlates pretty well . with the 11S,000 that was estimated for 1987. s i 1 i N Lloyd V. Harrell October 26, 1988 Page 2 The next assumption that they make is how to spit the number of operations that are estimated or projected. This was done by some of the manual counting that they did. They also used national averages, and they sent a questionnaire to the FBO and the Airport Manager in 1987 asking what the split was between local and itinerary. That is how the 75,000 itinerant operations were arrived at, Once that 75,000 operations is decided upon, they divide that by two to get the number of landings per year which would be 37,500. Again, from talking to the FBO, the manager, and using national averages and some manual counting, they estimated that there are approximately 2.S people per plane in t~.ise landings. If you take the 37,500 landings, multiply it by z.51 you arrive at 94,375 people. Again using national average data and some eyewitness estimating, they take 401 of those people as actually leaving the Airport to stay in Denton or to be in Denton for a day or overnight. Using 401 of that 94,375, you would get 37,750 people which is the numbet that was arrived at by COG. Obviously, using this methodology means that counts are not { made every day, and these figures could only be regarded as very rough estimates. Since there have been some questions, we are getting our own information. We will monitor the data for at least a number of months so that we will be eble to give the Council a better feel for how well the COG numbers (which used estimating techniques and national averages as well as manual counting) compares with some actual data that we will be gathering. I have attached a copy of that questionnaire. We will be accumulating these figures on a monthly basis, and we could report them on a quarterly basis if that is the Council's desire. The second question that the Council had was on the pay backs on the bonds. I have attached a copy of some Council agenda backup that was forwarded to the Council from the Airport Board in September of 1986. In that report, there were a number of items that were listed that needtJ Improvement, expansion or rework. Specifically, I would call the Council's attention to Tables 4, 5, 6, 7, 8, 10, 11, 12, and 13. Those enumerated a number of different items that were talked about. Table 14 is also significant sinct, lnat was basically the recommendation of the Board. In Table 14, you will note that the Board was suggesting $500,000 wurth of CO's. You will note in Table 14 they spread out the money for the objects that were basically in the Tables 11, 120 and 13. In Table 11, with the grant money and the contract to Southmont, we have taken care of taxiways 1, 2 and 3, roadways 1, 2, and 4 Lloyd V. Harrell October 26, 1988 Page 3 with alternate designs that were approved by the Board and the Council, waterlines {both the 8" and 6" which have now been revised to a 10" and 6"} and the sever lines number 1 and 2, With the modifications that were made to final designs for the roadways, waterline sizing, etc. we will have spent approximately $340,000. At this time, we will not have funding to do the miscellaneous items with the exception of Underwood Road and the parking lot. We will be able to do those with Street Department forces, Table 12 talks about improvements to the termtnnt building and resurfacing the runway. Since 1986, the runway has deteriorated more rapidly than we anticipated. We are trying to stretch the runway now to make it last another couple of years so we can gain some more income before going back to do that resurfacing. Within the last year, we also got a favorable response to submit a request for an FAA grant that would accomplish the resurfacing and reduce our costs significantly, We are also putting the terminal building on hold at this time and will try to see what the final project costs are before we engage In that. Table 13 includes the tractor and brush hog, %'a have purchased it, and it Is In operation at the Airport, finally, the contingency funds have been used for the grant match for the taxiways, a survey of the S. L. corner of the Airport and some drainage work and sodding near Brown & Brown's lease. We have also used some of that money to pay for pro rata on one of the leases to the Utility Department. With the remainder of that money, we think we will be able to build all of taxiway 5 and half of taxiway 6 that were mentioned In Table 11. We had estimated that the income from the southeast corner of the Airport would be approximately $IOS,000 a year. We have begun to see interest by develolsrs at the Airport. In fact, right now we are working on some small leases that will rent for 10-16e a square foot versus the 7-1Ge that we had indicated in the original proposals, 1 have reviewed the timetable that was shown In the last part of the backup matatial in a bar graph headed "Project Ground Lease vs. Projected Debt Service Payments 1987-1997 " After visiting with Joe Thompson, the Airport Manager, we still feel comfortable with the scenario. There is one exception to that. We showed the income and the lebt service to start in 1987. The debt service did start in 1987, obviously, we are just finishing the improvements '_u the southeast corner now so we see the revenue years sliding one year, i,e,, they would begin in 1989 rather than 1987. Other than that we stall see an approximate 5-6 year timetable to reach the revenue Income desee revenue5s Oessen tial ly seven for taie l i t t l e h bi to more thanct the to bt f 1 l Lloyd V. Harrell October 26, 1988 Page 4 service costs. Then after that we would see the revenues continue to exceed the debt service payments. As we have discussed in the past, we assume that this additional revenue could be used to offset the costs in the operating budget or to make further improvements in the Airport. If you or the Council has any further questions, we would be happy to try and answer them for you at your convenience. Mc ve k- Deruty City Manager RS:bw 428 IM f r Attachments 3 I 4 j I i j I i i { i ,r N t uA 040ANTMFNI Of TRARPQ"T4IMN AIRPORT MASTER RtCOMD PAINT ORl[Y.14 fRT~ Y9 WY.Y Y 1y •iRU "Di R•{lVLY1VY.OIW111RR1r011 Woo" v )1 A550C WTI SF'•1 CA / STAttI TA /AR Silt NR' 17151, )7 41001 4:HL: C0470% PUNI S CtlUNTIi DCN10N To • U O llo "Pllf.m): )t V M1 )CCIADOI ASY1h Ohf 7 ICC1 A:KC CHit DALLAS-FT WORTH A~ y : 1NAL SCRVICCI IASCO AIRCRAFT V 11 CNNE,SPlPt PLELIC )74 FUCLt HILL A H SINGLE ANSI 51 - ` )11 C1NS.l CI IT CF Lc4T0M )71 AIAFRARC RFASI MAJOR 47 MUtll CA61 73 3.18 1004(1!1 )IS LCAS'.NfT )71 PUR PLANT RPASI MAJOR it JAI: rF'IT1J9 10 IAIFI )1> f^.TTLC OATOTti: NON[ TOTAL 111 y >1S POW N): W:i•56f•8741 )14 fULK OAV6C01: NONE )C4 PINA LRI :►LCt t4A01tLL 74 15111 S70RICC: Tit NOR '97 HELICOPiCAS: )SI A"im l hT 110CA 11111RPT RO 75 CTHER SCNVICESI INST1 94 SLIDCASI ~ *t'!''h,TA ?Airs FNTL SAKI 9S IISLITAR19 111 )16 PMONF 141 .17.564.b411 it ULTNA•L16N71 \ 1 >17 A~1 C'.C INS! ECht OULCI ~y I' P3t1Ml YNS MCOKS 91 ALL LLL f?fl_111( ►ACUITIC6 OPCAATIONS /f )M App; 6CNI•Cf Ilf AIR (AAR1EAl•J4 1 I t1 A1NF 117 ULC: PUVLAC )fl Alt try SNCD UOUSK•DAVN 111 OOMMUT[II Y) u 11 AAP1 WS 35•11.070111 SURYtTCO )MI U':ICOMt 111.111 111 AIR 11111 A•.A`oil PV AAP1 tCAG: 117-11-11.61 INS VINO 1NOiCATPfI IFS•L 113 S A LCC 411"I~ O It ARP1-!LCVI~ AI) SUAVCV[C 64 St SPIAICO CI RCLI: T[S .114 0'R •1 TM RNTt,}f! 7!111 ` ^f ICR CA{: :.REF. - ~ `IR tmllo Ot TVKI 110 •'-'I f5 MILT TARTh 711 >17 A101 TRAFFIC: Na W. As Ftll FORT LORIM -,.j._.-•~~' T47ALI 1LSSII I S { )P4 NOIL^CiPF LAKCI0 FOCI NO -..IT TS3 OS AMPit UO x ,1. 1I I is OASPIFCC04L ACRD RANTI NST7 04 NIS PHONE NPt I17-!14.1451 0►CRA116N1 FOR 11 P6 PAR 171 1'11••)1 N 65 TLLL FACE NR: t^II1-9A'6Al AF MOS {NDINS I1AP111 r11N A. ' I )U4111 DATA s 24J •NUN)IIV Itt'if It/1S `NY r'1 '7r-W% )71 LE NI1r1 %FOS - )11 10 10 TMt ~r 711 , • 1 )57 LUPf 1151•cor, A%Ow.1 !S &POLI ATI 211 _ 6 .71 !f 1SU it ilil 64 --Ifl IT Lit vy c 1 .1 :011 LICAIIN41APCP Alt! "11/75 I 1 Nf 1; It I.411%ttV Ric i r 41 1107 fL00.1 /f •'•I I 41 All '!NK 101-COLD VIA.I 4114.0 1 F )4) VA%l V4L "PL 44 THA CP@113'9('ibT 51 111 H V110t CL1OC Ah6LE Soft 11.11 /f I / )46 CNTALF.101 ' N.P. /L-N I h W hVR•A1V N•E /A•h / {r1 )IC RAIL .•Y 4 IN )4S APCP LIGHTS BALSA f i6sTAL ITICI. CAVA f_ ;.•.4 11/75 It FAR 71 Clltic/1' PIA /AtV7 / $1 DiSFL$CCQ iMA I I ` )4f CTLG 0911. 1AC(6 IlACtG / )SS O611.tl PIANi D/LO7D / I 54 010 $rSAC hPf [IIO 171 1 . )r6 OIS1 PAC4 All Cho 01414 / / / / ! ~ »6 CNTPL' IFFICI ISO 47 NM161'. CLNQ Sl4►t Sill 14911 1 SR CLOS01A 7CSt% N /A I / I RAIL LA1"IAC LE414M ! y.•••....' 1 • ''17175.,. 'Y{ r FI LANtILP h5,f•LrN61N 1 - / f / • I J f.t Ctlt rolfAtlf fl 1101.1kCYw 10 w-/ Y I I / / ' 14 6341 10t0 TR4 A4 CATPLA L F F '•if y I 1 111 F r4+A t PAI Itf1VATC PALIP RAT 11 • 171471 11+ •91 w a lWilAItt it A CALM WIND ALL. t it V y ~ V i f I V ~ Denton Municipal Airport- TABLE 1 DAILY TAKEOFF SUMMARY January 3, 1986 to February 12, 1986 f • Single Multi- Peak Hour Peak Date Engine Engine jet Rotor Total Takeoffs Hours Jan. 3 (Fri)t 127 12 5 0 144 25 3 p.m. 4 (Sat) 153 12 3 0 168 31 2 P.M. Weekly Total 280 24 8 0 312 Jan. 5 (Sun) 243 11 1 0 255 34 1 p.m./ F 3 p,m,/ t 4 p,m, 6 Mon 103 9 0 0 112 18 6 p.m. 7 Tue 75 0 0 8 83 14 3 p.m. 8 Wed 194 10 1 0 205 35 5 P.M. 9 Thu 149 9 2 0 160 38 5 P.M. 10 Fri 181 12 1 1 195 30 2 p.m./ 3 p.m. E 11 (Sat) 323 14 1 2 340 45 4 p.m. Weekly Total 1,268 65 6 11 1,350 f R Jan, 12 Sun 227 6 0 0 233 36 11 a.m. 13 Mon 195 5 4 0 204 38 4 p,m, 14 Tue 179 8 7 0 194 23 11 a.m. E 15 Wed 0 0 0 0 0 - 16 Thu * 61 2 2 0 65 13 11 a.m. 17 Fri 102 8 1 0 111 30 5 P.M. 18 Sat 58 2 1 0 61 30 5 P.M. i E Weekly Total 822 31 15 0 868 1 Jan, 19 Sun 312 6 2 0 320 44 11 a.m. 20 Mon * 153 1 0 0 154 49 10 a.m. 21 Tue 141 1 1 0 143 27 5 P.M. 22 Wed 125 6 1 0 132 18 11 a.m. 23 Thu 136 23 2 0 161 22 3 p.m, 24 Fri 146 7 0 0 153 24 4 p.m. 25 Sat 248 8 1 0 257 36 10 P.m. Weekly Total 11261 52 7 0 1,320 1 Denton Municipal Airport TABLE 1 (continued) Date Emige Multi. Peak Hour Peak Engine En ine Jet Rotor Total Takeoffs Hours Jan. 26 Sun 148 8 2 0 27 Mon 157 7 158 34 11 a.m. 28 Tue 0 0 264 28 24 Wed 1139 98 3 1 3 145 27 3 p.m. 30 Thu 240 5 6 0 202 25 11 a.m, 31 Fri 104 5 ! 0 250 44 5 P.M. Feb. 1 Sat 0 110 14 2 p.m. 139 6 2 0 147 21 Weekly Total 10125 3 P~m~ 36 12 3 1,176 Feb. 2 Sun 3 Mon 132 p 130 24 3 p.m. i 5 Ned 214 11 1 0 226 1B 3 p.m. 81 0 1 0 45 3 p.m. j 82 6 Thu 7 Fri 139 6 2 0 147 22 10 a.m. ' 8 Sat 98 6 2 0 12 21 10 4 .m. a.m. 6 2 --!7 26 2 P.M. Weekly Total 751 37 9 0 797 Feb. 9 Sun 0 0 0 0 i 10 Mon 0 0 0 0 0 11 Tue 119 6 12 Wed l* 167 5 2 126 34 5 p,m. !74 29 4 p.m. Weekly Total 286 10 4 0 300 Totals 5,793 255 51 14 6,113 Totals (Full days only) 59285 237 44 14 5,580 Daily Average 142,8 6,4 1,2 0.4 150.8 Percent 94.71 4.21 0.81 0.31 loo% *Cata not available for full 24-hour period. Denton Municipal Airport TABLE 2 TAKEOFFS DAY OF WEEK January 3, 1986 to February 12, 1986 Days Average Percent Day Counted Daily Takeoff Of Week Sunday 6 182.7 17 Monday 6 111.2 10.4 Tuesday 6 152,8 14.2 Wednesday 5 159 14.8 j Thursday 5 156.6 14.6 i Friday 6 130,8 12.2 Saturday 6 180 16.8 Totals 1073.1 100 i i i 4 -i E y p t' t V T I Denton Municipal Airport TABLE 3 r\ I HOURLY TAKEOFFS DISTRIBUTION January 3, 1986 to February 12, 1986 (Full Days Only) Hour Total Percent of Day r Midnight 0 0 0100 0 0 0200 1 .02 0300 0 0 j 0400 3 .05 0500 1 .02 0600 4 .O7 ti 0700 43 .76 j 0800 141 2.50 0900 358 6.35 E j 1000 541 9.60 i `E 1100 572 10.14 I 1200 467 8.28 1300 440 7.80 1400 577 10.23 ? 1500 620 10.99 1600 651 11.54 1700 628 11.13 a 1800 279 4.95 1900 133 2,36 2000 108 1,91 2100 39 .69 2200 29 .51 2300 6 .07 Total 5,641 100 I~ f I S f E j i j: i' 1 of .i, •'^.J.lI'< n , WrVSf9 NfGK Mt " a UNM* t. NXM i tittYtbal raw »gat i ~awid i >'1 ''I N I N 0 R A X D U N 00010""N TOt Lloyd Harrell, Ctt! Manager FROM. Rick Svehla, Assistant City Manager DATE: September 11, 1986 ` SUBJECT: Airport Improvements The Airport Advisory Board met last Tuesday and discussed improvements to the airport. They discussed the airport grant as well as funding other improvements to work hand-in-hand with the grant. We have been advised that the grant will be offered. If. fact, we have a resolution on the council agenda for such action Tuesday night, In conjunction with that, the Hoard felt that they should recommend to the council that additional financing be provided to provide access to the grant facilities. They felt that this would enhance the development capabilities of the airport and they also felt that In two or three years, it would make the airport self-sufficient. Finally, they felt it would help us in persuading the FFA on future grant money. These improvements would also help us market our facilities to industrial prospects and help enhance our industrial development capabilities. As you can see from the minutes, they suggested that the ~S'11 Council consider $500,uuu which would enable us to do all the access roads and utility lines and develop all the new taxi-way areas. It would also allow us to make improvements to the terminal building, buy a Beall amount of equipment, and provide us with some funds to extend taxi ways so that our !eosin= activity incentive can remain strong. If the council (sale that a more conservative approach is needed, then they would recommend a minimum of $100,000 be funded through C.011110 19 you or the council have any further questions, we will qe happy to ry and answer them for you at the study session. t Y!h Attistant city hanager aj SOtSN I J i I`!1 J . J ~ 1 ~ 1 ~~i 'I I 4f1 i ~ I~ I I Lrl ~ 7 I Ilra '.~r f~ SCAIr I aOMit}M6 illy _ I. sable J LAIro WADI w Aftuft IAMwer 1Mil +v+4 1 • twos A!llvlrrlt ACRAh" Atrwyr,0 t a. aayar laalwys, fAatai UIREM941W umliw` clear state Sew"AL 1 414 ~ 391.0 246.4 ° It" 22 - aavp,OPta Acmwo 0 t: etaCe ~.S ""air areas 1.2 1! to ►ro"tty leaned, but i/ not developed d. adder portin90 other 17,70 l.S ° ° SUM mu l i 0 ° L 205.1 lnnr lab - "Matcoto Acmma 1<d Neat aide at Alrpert b. 122.0 test ride Of Airport O o ° SUBTOTAL 111 2 05, 0 OAANO TOTAL 131.0 !1 l/i TAe Denton aun1C1 1 Airport Is comprise! of 638 acres. Of that coral, U►eeUmatNY 1!t aeeu ere have been developed and/or le ~dcatad t0 !I1*ht a@ ro"I u, 2{,! to dwNepeest. tthe lltOhc aettrWantotal~includesa Ss acres NA1Ch have been reaervsd win avatoly bit tot low test teat she far a future 4,000-jgt utility { alreralt any. vise tParallel ot tie exist:a0 r+~wlr1. sot utility rwwey available tie-dove and A 9tatateco! t►a •rf~ rasp In Jate A""stabs b aeeed rich a valtlrr! Slat. ~ • . aircraft hen r 3N6 , 146 Oats reaeln toll , H ~ J ~ f r C 1 r 4 ; vy „ S kt LiAif1~!'f y! s ` I lgN/p ►i=iYt1l~/t ~r A#M ti AvlAtra real Low (Acres) MA" ' ft i nas a. city b"Is g0lAL 1. city TiO.O M .d1 at Navarlal Alraratt S. SO I.MO 0 ►oa•Sl t.O.O. i3.fO 10.0844 + I'M! lions it#"$ r 1639 0.a3! t. t Jay madvord onal, commercial • 41.76 0.07 lolls ,0 11~11O ~Iqo J~ 0~? Jy{J4 tr f10 SUOMAL 1 15.14 0.016 d d ~0'316 11J,i10 1lI,SlS (c?S/SI Avq.) f7tN ll - O"n RSYgr(OS a• Agricultural lraae 305.00 0.00003 s• Special events / tUiFOrAL Il 705.00 0.00001 500 OM11O "TAL ` Sr1I1 ~ Seal 41.02 13 184,!13 160,111 7agurer tar city Mangan and Sir-do 1'101 occupancy of air hangars at 70 me air annuli Hvrn Month. Ravetlek and 7er.S1 lliangst ~tantA and 11 tlr+d7w1 uea ~aeo0 On cull totals. ptound Lraso Ratra eprraeat tMta to ratlaatfa atria N at 110 per Par Wato toot on illS/!S pot year. t •Q .I 1 :Y J]'.iw~~.rT t"~A.~...•~'I.i lb; • 1 IY.irl l:llwl t.l .{~1.S 1..I.. F.~l -rw 711, :~x • , rt'.j IT .fry: ~A i y OWN flow teed MOtR ~MAlSpl1 . sonleee +~Dpre INle~laewo ~N~t33 ei Sao"SM~iefteleq~e1e, IJealrle 3i 6 . eie.l o.1N sw*v 13#187 t• PIOW Agate frekleJee, aaeAla~rr) 718 Sol Stu 11 lKet teAVSCS 1. 1979 Awtvay Ovarley pre}kt f~170,000 Aalaeee of Cltyle 1 47 10* tatthl" $Aare of rAA Grant) IMMAL JS GMSW Tofu 41J~/rS tOM ASAroRt fJSrtMUe ~f1.7J1 totAL Allron Aevilluse ~30,311 i AALANCt (~yt,110) f Airport oan Is ewenuaa (too roe Table !kites oaaae on ileS/li rUCal feet budget- Airport I 1 t,, L~ ~1 4""W"Cr nobs IfrlIVATIRg *»I Of "0001 WILM i 1+ingaee, 111IS, { 311tH I - mites 0rri 3410" The heengt 13• 440ait, let 111,000 l•. toot, to All*) 0, uphaitt `•Nnt feet, so lees, 4 I' n sq. yd. Asphal t 7,s, +q. rd. Roct 4 1.00 N. Yd, I sq. W. Line 1600 eq. Yd. 1910 M. Yd, Line pr ep. .I1 sq. Yd. 1031 Yd. Iscavatton 1000 eq. Yd. 10 70 Sq. Yd. eM. 1 Insp. 342 eg. Yd. _.aL sq. Yd, conc. 1111 1011 sq. Yd. sq. Ye. - -19 4111.11 ea. Yd. tftM It - RoAOMAY! 411.!0 eq. Yd. 2/' trl0t PAYeatMT 12' asphalt, line) 44400 eq. Yd. Asphalt oil eg. Yd. Line d 1.10 sq. Yd, ,I" Fs sp , t 1.22 sq. yd, Excavation .TI eg, yd. tng. 1 Insp. a sq. yd. Cont. ISI) lat. s7 eq. Yd, ITEM t11 . 1ATtR 1 ltiR LINT! ~ water win - +10.00 per ft. / water line - ~3f.00 per it. 10- lewr line - $20.00 per ft. 118M IV - Week lights $10200 ash vAdetwod roN lapforanant - i• sepa1t g N000 per eve Yd, *+~r and taelwY aselnaeas ate based on ""1880,114 a 300000 Pound w4'igbt aetla= 80610 Yard coots of A et, 1001. ! f~ nt eapalty COOP uld tastw&y in w~r'lag astJntesvsal •ea water and •e"t ti by el es conatrsetion eset• a ky streat and water are d•portmet, r.a.r.,.n.l44tYJMtaY.LL AW. tiiAS,wGrt AtlAA.,,y ,saw .;.r wlw;li~•A,1.1cJJ'4V~.A'\r,M~.i..iR.~p.iP4 Pam TMte ! TAAIMAT cost 11flook ll - ODs "LO Dev"Wev? of 400TS "a slog of AMM? %MVI MT 031111101110M laic" IMAl " 7!MIWV 7A1910y NOM11 I LOMM a W vM l CAMCITT t1f10 coot to 760 ■ 10, 34,40 &be ""Of ' 4,000 3. 7n a 30, 10,000 tfa. A*"" 47,370 1. 1#164 ■ 30, 310000 14». Aeass 74x434 1. 460 ■ 30, 110010 144. As$"$ 43034 S. 460 ■ 304 15,04 144, me"g 34,44 f. ISO ■ 30, 1S, 000 tbs. lasgst 34,044 7. 060 x 30, 15,000 tbs. me"I 34,004 1. 450 x 30, 3W, 000 tea. Access/langar _4S.M Total 170514 $4. y4a. `tea i tatlsatee of costs of City eonatruetlon of all taxiways in tee mouth past seetice of the sitfecto Aeeass taxiways are sole entrance taxiways to hangar r, aces which would remain Oublie sasesents. Ungar Tulways ate saooodary taxiways within m hangar area. k r 1 f -1 , , 1. ♦ 1 table 1 TO NRVICt FULL DNtWpemT O jl Un f104 OF AIRPORT IOADM V D1MRMt1O11 ROADMAF tt►t ( LN10191 a Ulm) 16 10300' a 210 cmtrance (Je#m Carrell Read) ~ 390709 as 11200' a 24 ' sah9et access roadway 27,(20 31 441' : 21' Fuel palm roadway 1' 11300' = 21 11,140 i south entrance leadvey 5. 200' r 21' 2l, 70! sSngel access roadway$ 1-l~ TOTAL ~10i,30f t Automobile Peeking Area 11 230' = SO' cast of Now FAA tamp ✓f 10,!10 tic, last :0 Ntv IAA rar.p TOTAL - 1- L~~ ~ 21,cc0 i OAW MAL f I Roadways ate of standard city design, two lanes, tventy-tour toot in width, Roadways include the lain entrance rood (John certtll Road$* the soeth entrance road and Secondary hsngat access tads, the fuel farm toad la designed to 4110v fuel truck lhgtess and egress to the fuel farm without the head for backing of turnaround. I Tarsla T MAiSA~ Slttk, AMD IIISCSLUNIOUS Con So?21M 10 UPYIC9 FULL D1vllW1CWT 0► RAN $lot O► AIlt5N011 11'511 1 - 1later Lines 14 10"0' f• water 14LA with fire hydrants located Trailed to OendvaY• 1 and 6 28 3*930' f' waist in with fire 11 000 eneoapaeelnt areas 5 andr0 es TOTAL NATSR LI015j T"~g'LQ ~112,T/D IT9M 13 - Sever Lines 1, 1,700' l0' ssnrtary swot line located north of and parallel to posdvay 1 20 10150' !0' sanitary sever 26,000 located Adjacent to hangar &.csae M advay 1 TOTAL 5901111 LINgs ''A '000 11,000 IN ~~e;elianeo r 11 Street Lights - 12 Standard Street Security Lights 20 ►enclnq material - securit 14,100 Y cMfn link rinsing ~ I 70 Undo wood Mold Ipprovsaents 10,000 7 asphalt overlay Architect Design 17,066 Stlndsrds ►aeAage ,r 1 600 s TOTAL YISCELLA.bgous ~ 51,Tff ; GRAND TOTAL 1 ~i1f,506 ~ 10601 and mowet lines eoar~elclei ha6ngai$tt # ~p4rligAts,tolp9irad Ease operator) and large sdjeeent to ltelaft and ethlele j placed along entrance radvaya and ranee Around aircraft picking art pr~ndglraprsea, Fencing vlto be a nee hainq airport Eoundarl, Onderwood road to be cal n IInM trucks and addlelonal traffic, 1iProVad to support wlght 61 fuel 4 1Ml• 1 Y 00tbOIoIR Of tilt "0 at x060 u n or Alit+ORt { !•aq eat of t.alrrs ~t 30, ON t!q It - ft0A"n f muss, 11.6 i•l.! "at 01 twdwro am vatting Jl1,J11 i flgll IJt %Atw, "'Ok f IQ/C 176!1• fl Total wae•r, s•wr a n/se OPAXD 10lA1 f SOf t +f 71, 133 Z Ct.nd total for tn• f t /Igur•. r•tl•ee cttrcenat wcticA of .11 the ousn•ate sld• of the .IgpW eat1,. Yoe roods Wot• and s•wr into, i i i i i J i i i TN2e ! rOTUTIAL AMU 04ONM0 LOAN Rlvanli TOLL OIVIl411t MT Of IOUMAN 1104 or t A14►04T ARM A - lot 10 • 1400010 M it 042 acres) grooad low rata - IM as it $ 141000 AM' 4 • 400 t iS0 • 3600000 M It (9,0 are") !round Iaaa rate • 1M of fL 2110006 AM t • 410 t 119 • 419,160 aq It ill aeeeel 310141 ground lase late • 01it eq it AM a • its j 115 • 2110490 eq It 13,2 acres) 1!,002 ground lase rate 0V eq it AMA 2 14S s 420 • 90,300 . l~5 r 5!0 0130,350 • 114,440 eq it 14,3 •cral ground last rate . 010 sq it l-Q TMAL 10331,050 eq it 130.65 acreal ,20!,1!7 risotto reflect potential revenges if" alt. 't lend lasts, Most A through t ate 0ut11ned on tte attach N :a,04t ;:an. dzlt Illurtrataa diRenai~nr 0t each atea, site in square 14tt and acte$, and suggested ground lease rate In cents pet aquare foot pet year, I 1 !EI i ` i 1 I I I I { •Y I Y/ j iV Y ~.'y b' IMP taale 10 PROKStD IPADIATt DNtLOPMOT PLAINS i. tulwya ` taiwy i ~ Ig,gpp laaivay f 11,f70 Taalwy 3 f6,5fi One-fait tariwys S, 6, Sl,fgi 7 sad 6 TOTAL Tarivays w--210,112 ti. Roadways Roadway I 2l,NS Aoadvay 3 27,600 (roadway TOTAL Roadways 51,S75 11T. Auto Parking Parking Lot 1 10,910 TOM Auto Parking ~ 10,540 1v. Mater Linea with Nydrsnts a' Vital Line 12,000 6' Mater Line 70,740 TOTAL Mater Linea ;312,710 Sever Lines Sever Line 1 260000 sever Lint 3 _254000 TOTAL Sewer Linea ; 51,000 i VI. M ucellaneous street Lights 11,100 J Secwrity fencing 10,000 Underwood load loproves*nts 170066 Architect Design Standards 116300 Package TOTAL Nletellanaous U14.7 ft CNAN5 TOTAL ;S/5,/13 i Propoa*d Initial or Immediate construction for dew*lopnent of southeast side df airport. Plans tail tot construction of fire Access Tariwayse Access Roadways Is 1, and Nangat AMWAY 2, one Auto Parking lot, Mater and &ever lined serving the Coswttial Are a$ and 10tutity lighting and tenting. .w to +!`1:. L♦'. .yi1 .1 il V Table 11 COST IROPOStD INN OIAT1 D1VI6OPNLNT PLANS MITT SAA PAITICIPATICII TOTAL City sm an 1. Taalvay$ T•alwy 1 11,100 N0 T taxiway uivar ! 470570 40$37 one-tall 1 $10116 7,311 Onar•if of Taalvy 4 !40113 1 ,)1 $ •M 1 TOTAL Taalways X110 71`! ~ 74,s1D 1I. ROadwaye Roadway 1 rf 190375 Roadway ! 170400 Roadway 4 34,210 TOTAL Aoadwrya + 110575 Ill. Auto Parking Patting Lot 1 IG TOTAL Auto Patting 10,110 IV. Mater Lines with Nydtants i' water •ir.► $ I:,OCC 4' Water Line 70,310 TOTAL Mater Linea ~11l,i10 V. Sewer Linea Se.et Line 1 = 140000 Sewer Lilt ! 15,000 TOTAL Set-et Lines SI,00J V3. Nlleell•neoue Street Liotta 14,400 !cruelty ranging 100000 064atvood Road Isptovealents 174064 Atehiteet Design Standard 11,100 Peerage TOTAL Niseellane"s tj Sl,T44 GRAND TOTAL !)!),111 I The Airport has teaiv•0 federal assistance Taal In tea eat of eonattuetiTaxiways 1, and 36 loth assistant* to the face of an Alipott tapveaent 492" naea•lly Pt"Idts for 104 feder•1 landing, The City of Donton's share Is this Case veuld be 101 or 117,710. This would teduee the cost of the topos ed laeedtat• developehnt plane by JIS5,791 laving a grand total of !315,,11. i Table It RAISIN? AIRPORT 11010noms Rtt0/01 AIRPORT IpUBNAL IR?ROV80NTs tefriMi VgtaMt 1 VIIIW and Support Peet Replaced Inaslattoo 4 Soo Paint 111erlor 911 Carpet 1So 00 BUILDING INFROY"WNTS TOTAL , 1,711 Terminal Pereht Inclose perch TOTAL = I,Oi1 AIA►ORT TIRNINAL Ii4RLVINZWTS TOTAL 6,101 The building lsprow"onts total represents funds to be used to upgrade the putldtng'e interior and exterior and extend Its useful lire into the late Isla's hen shelterwto thelpublleaduringYhours theeterminal educe utlll% porch will prnvlde Insulation around the building to r else closed Ind to increase Y cost. 7500000 ft.t of surface I" coats of sealer 11,000 f Survey and Repslnt Runway s1 C,OLO ►t,l at $0,11 per sq. It,1 1-1 -400 _ RIVYAY S1OROVI1tINTS TOTAL X16,{00 the ~41Thisdot oft at escesely s99re9ate !a lose on aircraft using the field, Also there are humorous flinger cracks thatdwi l to Only t:to AOre letlOVa YttA the e0r+1nQ of anOtAet winter Overl . Ih• runway needs to be repainted in any ease, The sealer will prevent a Mult4unw dollar ay to be Meded presaterely. GRAND TOTAL JIS0101 1 TA~f,E lI uAtlarr ArAPDRr wpirl►NSlrt wesDeol A1ltP0RT OR01MD1 4AMM000wct SQt11►1 Jacobson CW22e Twfcat Caster Wheel ~ lop S 9,614 option 2,10e 210 TOTAL 1120172 TMre are 20 acres on the airport that must be mowed on a regular basis to earnot e be a e71pettopeed ra to on lasont the another serport, The present Mowr is six yeah old and ason, t ANUORT C0NTINCO" r MS FOR MAINTENANCE, DEVELOPMENT AND EQUIpm ?rr contingency Fund 569,008 6'hi'l 10 art Ccrrtantly seeking other funding alternatives, thate are several prob2•m as 'is at the airport which au ee such problem involves the Northeast ~cornerigdrail age a annelo wsichlvit " Pidly erroding away and will eventually •nd4n9er the hangars in that area, we are atterpting to securo ft.' rill fends for this work) however, wt are ascertain relative t, the FAA$e ability to finance these iaproveMents In an appropriate tine frame, A second ,,.dblam area involves the sweeping of the alrpert rinway which Must be done on a daily basis to ensure that no aesldents occur due to debris on the runway. Since our years old and the city is liable fer accidents caused b t equipment Is over !0 be prepared to adlress this y evnvaA d scoffer issue i~ the near future, there reeWOW s, we other Proiecte, such as s•curl" tenting, lighting* etc., which may r r attention In the UJIt few years, Additionally, future develo e OW grant Otters requiring local matching funds will occur in the Mand future Mleh will necessitate city tundinq, development needs and TAM 11 f"TAL PACXAOf Al 1. t Miaa brtA•a•t tenw: 0•r•lep•at 303,611 MAU 111 tomWat• Alrprt lopov a•nt• ! Al, (lAq,t 1: ~ :aw•!Ub Alrprt rqutp•nt 3t"d• : 1:,111 (TAfu 1:) 1Y, ceattn"ncy rackaq• ! il.00• Gmw TOTAL !5000000 i f ~ j 1 ;t ~j r' l;'ii K 'eV r.~ i .r f q~ti, r~, } ~,.Y , 61L Tole ti r"M t. Ift"Int I Iwih C~fNr i~nlrMfn! - ' 1 telt,s all a1t~111 4 tl, UMi1m rtlr"t! tgf«r~~t f tofsiMl OMrM~ ItAiC! lil ' ttt. OMl11NMhi ~~fRlq~ ~ ~~11i Lam OMpO TOM 1110.1e0 r r i 1 1 i E ! I i r S i folio i r` 1 h f SOUTHEAST AtRD0A1 DEVELOPMENT PROJECT I OfNTON MUNICIPAL AIRPORT I PROJECTED GMIN0 LEASE REVENUE VS. PkOJF.CTfO OEHI SERVICE PAYMENTS 19YI 1997 II0,000 I 99,000 n RR, 000 7 0 )1,0001 L Ec,000] L SN.D00l A 44,000 R 33,000 5 ]1,000 ' 11,000 000,000 _ "Al 1988 1989 1990 1991 1992 1997 1994 1995 1996 1997 hj • PROJECTED DEBT SERVICE PAYMENTS 1981.1997 1 • PROJECTED GPOUMD IEASE REVENUE 1981.199) I AIR? I I I I SOUTHEAST AIRPORT OfVILOPMENT PROJECT DENTON MUNICIPAL AIRPORT PROJECT£D GROUND (EASE REVENUE PROJECTED DEBTVSEFVICE PAYMENTS 1998 - ljO8 110,000 99,000 D 8E,000i 0 77,000 f 66,000 L 55,000 A 44,000 R 33,000 S 2?,000 11,000 00f',OOU ~ 1998 1999 2000 2001 200? 2003 2004 2005 2006 2007 2008 • PROJECTED DEBT SERVICI PAYMENTS - 1998.2008 - PROJECTED GROUND LEASE REVENUE - 1998.2008 AIR2 I . CITY a ~~RM 1MTIA1 gyp' bN M111i It/ UN PON MI Otte 2/1S FIRST YM II ROW Owl 1/16 IVIS ft~ THIS S00 000 4 TOTAL 1W ISMS 3:1500 = 261000: n:~ -az^s~ 3/761.3 IS:~ f 01 9 it" 51 X 23/,M9017,80 33,~ x.00000 00 !'21031251000 33,000 ,Sts 2s 251000 ,000 31031N0 INS 2,7S3,533 25,000 t94515t0 2,61!,65! 25,000 27; 00 u:~ is, 1`0! 111000 19595 2/56t13N 25,000 to" l2,12Nl43,,065 NS 251000 MOM S0•0 2,612' 3 Mt1,000 1 2,0631193 ti-000 203919 2$9000 595 1/M6,S44 N 1000 1~ 2.10077.193 l" l,sS3/0S0 25,00cm 19$000 0 170000 N/0 0 162", 161000 M.000 11706184 .62!.000 2001 0000 13,00 M3' 1/126/000 25/000 11543 25,000 116800 !0,000 ' 1211,0000 ms 2004 1'770' 251000 9100 31.000 1 10 1000 :m 25,000 7000 329000 1149 2006 25.000 =slow ,000 MAW W02,060 261400 11000 2tt5,000 26;000 f 401476,977 S M01000 _ 8911559 f 41,300633 'MAUT SUM AT S.OMS FOA ►uMUS OF ILMTMTI014 ~ . ' i:~7f.~~} 7~6ds'"'.l'✓51.1„Twf! • e -,:'i/.Y4~~1'/Q~I1~YJ.flCJ41i~'Ns!'6 ww• ■ 1 I I SOUTHEAST AIRPORT DEVELOPMENT PROJECT DENTON MUNICIPAL AIRPORT PROJECTED GROUND LEASE REVENUE VS. PROJECTED DEBT SERVICE PAYMENTS 1987 - 1997 110,000 99,000 D 88,000 0 77,000 L 66,000 ` L 55,000 f A 44,000 k 33,000 S 22,000 11,000 000,000 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 - PROJECTED DEBT SERVICE PAYMENTS - 1987.1997 PROJECTED GROUND LEASE REVENUE - 1987-1997 AIR2 e SOUTHEAST AIRPORT DEVELOPMENT PROJECT DENTON MUNICIPAL AIRPORT PROJECTED GROUND LEASE REVENUE VS, PROJECTED DEBT SEPV1CE PAYMENTS 1998 - 2008 110,000 99,000 D 88,000 0 71,000 L 56,000 L 55,000 A 44,000 R 33,000 5 ?2,000 11,000 000,000 1998 1999 2000 2001 200 2003 2004 1005 1006 2007 2008 - PROJECTED DEBT SERVICE PAYMENTS - 1998.2008 - PROJECTED GROUND LEASP REVENUE - 1998-2008 A1A1 w IF h Irv c1T1 of 1[pi s YM . aimrl°a°aiia M TM TAXt~mar iita t~ Iowa - 7 t. i0mi "TAL Isom w Isom 1M1 !•M1,w !5,000 low 3Is a !5-M 56,000 it on 1M3 x25.000 6 HOW !.60];693 1M1 !,66!,3!1 250000 !],000 9!,006 l0 6H,3M 1"S Y~! i~066 26:00 0 21900 480000 !,717,916 1M] 2,067,193 25,000 !1,000 48.000 20101,1!7 1MC 1,166,110 25,000 11x000 48,000 I,7109" 1M! 10963,480 26,000 1],000 12.000 1,6!9,000 1000 1,"0x000 !6.000 190000 000M 1r9Nr000 1001 1.!0 ON 26,000 17.000 76, Irl/7,000 2110! 1.136.000 70,000 10x600 10x000 1,111,000 2003 1x010,000 30,000 0.100 30,100 1x100.100 2001 • ]10,000 70,000 6,000 30.000 006x000 2006 30x000 3,600 33,600 33.600 1006 300000 1.100 31x'00 31,!00 f 10.1]6,!17 j 1001000: 121rN6 f MAN = COMM INTEREST CAU MATED AT LM MR MWPM W ILLUSTRATION. p, 'Y2.•,:1 477 k ti f Puvvru CUPY AIRPORT Ovum Dow ' SePtembsr 9, 19@6 '"OULU NM M or Taft CITY of DtMfOR AIRPORT ADYIW*y BOARD, ritwhy, QT@MbtR 91 19@61 AT $100 P.M., 19 Twx TtROUN" bunow of TMI NUa. ` PAL AIRPORT. I NCMRS PRESn"I Arno, Correll, Hayward, keith, faith, williass, I Wright MCMbCRS Assn" None OTHM PPtSCNT: Rick Svehla, Assistant City Menuger; Pill Ancelc, Assistant Director of Public works; and Bruce Cardwell of the City Staff 1. The Board considered the Minutes of the Regular Meeting of Au- gust 17, 1966. A notion was made and seconded to approve the minutes as written, 7. The !card con,idere! r•~cr-.-Air,: to the C:••• c-,":: :arse : tho FAF :ra;.t A:i 'me because the Grant had to be awarded roar: macs i0, but ,engineering was not yet completed on the pro biet,ethesGrantO would be awarded by the FAA by estimate. The board was assured that if the estimate needed to be adjusted at a later date after the Grant oss awarded and accepted by the City, the FAA would make arrange- ments to do so. A moticn was made by john Carrell and secnrfed ty :one Wright to recommend to the City Council the acceptance of the FAA Grant Alp 3-49-0067-03, based on estimates. The motion palled Iran uwus 1y. I The board considered recoam>ending to the City Council the approval of financing the Southeast Corner Airport Development, The bard was informed that the ^.ity Staff had mkt with the City's Financial Advisor Frank Medanich, from First Southwest, and that was available for develo financing pment of the Airport. The Enard was presented with two financial packages for developinq the Southeast Corner. The board felt that as an absolute stiniaun a financing package in the amount of $400,000 should be issuedy howver, they felt strongly that a package in the amount of $500,000 should be isswd to cover the immediate development and equipment needs of rtt. A motion was made by Gene Wright and seconded stating r ~tA r in ordksr to Corte[ of the Al Meta initial development of the Southeast rport, the board roccomends to the City Council the xw 11M •.x I ~ A1B1aBT A01 MOV AMW MSWVMB September g, IM PM• 2 iseeaeu of tbreifleates of t'rlig•tlane is the amount of $400,000 to ${00,400. Thom motion pas•N ""Llmuely, 4. Us Airport baN amesidered the Airport !ra•p• OS Mptt. apply for the f t that be Bed reean•idered sad 4amldN er got the aetomated hAirport estbor system • p~t~ Soso by Meader. w" meted as Mender • •Yetem be purchased. "W 8u boars Port A Lott •uhaaws that 4lscvasad. "be board expressed N interest In rov hangars here buildings at other airports. Also, the board s one of their gested that be taker: to locate Port A Port WWI on the S outh Ramp on*psa temporary basis to satisfy the immediate need for hangar space. S. The Bard considered any new business. rho 2card *xprass" concern about the filling of the Airport Manager Pr.•ition In a timely manner, They wre informed about the procedurei for hiring. The board was again concerned pith how they would participate in the hiring Proeeas considering the close vorking relationship between the Board and tie Msnagar, "my suggested that informal interview with the Board or their T*presentatiw and the top candidates for eh! perilfor. shim►t is aPP►^Fr:a!e. Pic*. 5^e'1e .....1• c:; :h:s possibility and contact the Surd chairman at a later date. The board suggested some changes in the wording of the Job descrip. tion for clarification, 61 The Beard net in Lxecutivs Session to disenss legal and real estate matters. The board r*conven*d in open session, Mith no farther business, the Board adjcQ nad at 7140 p,M, 6112 PRIVATE AIRCRAFT GENERAL AVIATION AIR PASSENGER SURVEY 1. On this trip, are youi 1. Plane's Pilot/Copilot 2. Aircraft Passenger 2. when your aircraft departs, will it next land: 1. At this airport 2. At another airport 3. What is the main purpose of this aircraft passenger's trip? 1. Business 2. Attend conventidh 3. Pleasure (vacation,etc. 4. Combined business and pleasure 5. Other 4. Row many people, including you, are flying on this aircraft today? 1. Pilot/Copilots 2. Passengers 5. How did you get to Denton Business District today? . 1. Private car/vehicle 2. Rental Car 3. Taxi service 4. Limousine 5. Hotel/courtesy van 6. Other 6. On this trip,.how many nights will you spend in Denton? 1. One night 2. Two or more nights 7. If you spent last night in Denton, how much money did you spend yesterday and lest night in the county? If you did not spend last night in the county, how much money did you spend today? 1. Hotel, motel, lodging 2. Food and Beverage 3. Retail Stores t 4, Entertainment 5, Local Transport 6. Business Related 7. Other Expenditures 8. Total Per Day ` 8. Where do you live? Town County State THANK YOU FOR YOUR TIME AND COOPERATION `j J IFIRI: Pit ' r 4 i i i I~ !I F 1 V I DATE: 11/01/88 CITY COUNCIL REPORT FORMAT , 30 TO: Mayor'and Members of the City Council OZ FROM: Lloyd V. Harrell, City Manager SUBJECT: DISCUSSION OF PROPOSED REVISIONS TO ARTICLE 17, SIGNS, OF APPSNDIX B, ZONING, OF THE CODE OF ORDINANCES RECOMMENDATION: The Beautification Task Force recommended revisions of the Sign Ordinance. The Planning and Zoning Commission has considered the revisions over the past three months and will make a formal recommendation prior to City Council public hearing. SUMMARY: The Beautification Task Force made several recommendations on revisions to the Sign Ordinance during their presentation to City Council in October of 1987. The Commission recommended and Council adopted a moratorium on certain signs on August 2, 1988. A more detailed description of the revisions is included in the enclosed document. BACKGROIW: The current Sign Ordinance was adopted in 1985. Thc•ordinance allows three on-premise portable signs and six.off-j*emise portable signs per business. In general, the ordinance also permits signs up to 400 square feet in effective area and 40 feet in height. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: I Sign companies, Beautification Task Force, and citizens of Denton. FISCAL IMPACT: { i No specific impact to the City has been determin i Rest' 11 Dybmi Prepared by: Lloyd Harrell City ManAjer Cecile Carson Urban Plana< s AMvIA/ In I Pr W. Robbins 8 cutive Director for Planning and Development 2432s I I i 1 i •1 1I f l Tlrl= T~ ~.30 W3 ON, of DBNTONp TEXAS MUNICIPAL BUILDING / DENT TEXAS 76201 i TELEPHONE (8111 5668200 ) MORANDUM DATE: October 28, 1988 TO., Lloyd Y. Harrell, City Manager FP.OM: Jim L. Bunyard, Treasurer SUBJECT: LEGISLATIVE LUBBYISTS In April, 1988, City Council approved the establishment of a committee to work d taf to solicit The with staff on legislative slobbyis[s mwhotmighttlhelp einsourf legislative. information regarding potential effort. with a After the initial committee meeting in July, a letter, along questionnaire and a request for personal data, was sent to twelve candidates ff. who had been recommended bwi with eight positive . i responded to our request, would not be interested S that, because of time constraints or conflicts, they ' Gorton end responses then sent to Council Commictee These in further kins discussions. Hopkins, Members At our meeting in late August, the list was again reviewed and narrowed to Bwere ob recemmende. five candidates. Personal interviews with these Austin candidates The five candidates were then interviewed in fort five Alex me on hotel iconference roomct nd r each i19 nt erviewe lasted iapproximatelydurty f a Note { minutes. our lobbying 01, Questions were asked relative to their familitraty with Senate Bill particular problems and potential solutions segies regarding our estimates of cost, and questions relative to their present clients, and styles and techniques of the efforts, the strengths, weaknesses of the candidates, we were candidates and how they could and would serve the city. In summary, 1 I i 1 Memo to Lloyd V. Harrell October 28, 1988 Page 2 all pleased with the quality of the candidates and their willingness to help; furthermore, we made some new friends for the City of Denton, regardless of who is chosen. After these discussions, it was recommended that the two lop candidates be interviewed by Council at the earliest convenience. A more detailed discussion will be preseuced Tuesday night. If you have any questions, or need additional information, please advise. Jw R~.p~r 4 J m L. Bunya d JLH:af i ~ f j 1 ,,If 1 IIi i i y 7 r i j' 3967F r. i ; N t f I i i i f i l ti I 3v a1flG TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76161 / TELEPHONE (817)566-8200 ` CITY of DENTON, f li October 2S, 1988 DATE: Executive Director of Finance TO: John F. McGrane, FROM: Monte Mercer, Controller i TY OF DEN'fON 'f0 APPRAISAL REVIEW BOARD SUBJ 1 . SUBJECT. NOMINEE FROM Cl Appraisal Review of Denton for the overnment derives is omin a ee very P y importantt one in that general g The ARB hears BoTheard nominee i one-third of its revenues from Coruoneyrty Appraisal al District and disputes between the Dentovalue. taxpayers regarding property { a person for service on the Appraisal Review Board, To qualify raisal district for at least two years rs must have lived in the app ear terms, { with prior to taking office. Members serve two-year year. Tt half the members' terms expiring each o, approximately meetings - with { nominee will attend moon`heyend of July which will require f 64a m. to 5:00 p.m. 1 the middle o May to h Friday, 8:00 a. ~ attendance Monday thr8 l If you need any additional information, please do not hesitate to contact me. once A Ve r MM so sjn 3959F i 4 l 1 ti M r t f r i 1 i MEN --MEN i I ~r I f DATE: 11/01/88 CITT COUNCIL REPORT FORKAT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE FOR Z-88-015. RECOMMENDATION: The Planning and Zoning Commission recommended approval at its August 31, 1989, meeting. SUMMARY: The property is part of a planned development (PD-28) approved in 1982. The site was designed for a retail shopping center; however, other uses including restaurants have been added. The mixed uses have resulted in inadequate parking for the center. BACKGROUND The property in question was zoned commercial prior to 1982. The planned development district was created, among other reasons, to establish access to Loop 288. PROGRAMS. DEP/.RENTS OR GROUP9 AFFECTED: Developer and ton property owners within 200 test were notified. FISCAL IMPACT: No impact to the City of Denton. Respeo ly au mit i oop Prepared bys h Lloyd .Harrell (1 ` ~➢~IrQ~ City Manager Ceoiie Carson Urban Planner A➢P t LQ Fran H. Robbins Executive Director for Planning and Development 097ie T w r PLANNING AND ZONING COMMISSION RECOMMENDATION To: Denton City Council Case No.: Z-88-O1S Meeting Date: November 1, 1988 GENERAL INFORMATION Applicant: Henry S. Miller Management Corp. 2001 Bryan Tower, 30th Floor Dallas, Texas 75201 Status of Applicant: Management Corporation Requested Action: Amendment to an existing lanned ' development (PD-28) and approval of a detailed plan. Location and Size: 4.9689 acres located on the south and east side of Loop 288 and between Colorado Boulevard and I-35. Surrounding Land Use and Zoning: North - Light industrial, church, retail South - Retail East - Multi-family West - Golden Triangle Mall Denton Development Guide: High intensity area SPECIAL INFORMATION i~ w FTrannsportation: Loop 288 is a primary major arterial. The site has three existing curb cuts on Loop 188, Colorado Boulevard Is also a major arterial and one curb cut is rovided. No additional access is requested. Existing utilities, electric, water, and wastewater adequately service the center. Drainage: No additional improvements are necessary. ~T (Case Z-88-015) Page Two HISTORY. In 1982, the City Council approved a change in zoning from commercial to inclusion in planned development-28. Ordinance 82-13 contains four conditions including that landscaping plans would be submitted along with building plans for staff review and that specific site plan condition is waived. The first structure was built in 1982 and 1983 and originally occupied in 1983. ANALYSIS This property is located in a high intensity area. This area emphasizes a balance between commercial and industrial uses, and the area is one of three high intensity or major activity centers In the City of Denton. High intensity areas have no maximum limits based on trip generation factors. The avail- ability of adequate infrastructure is the most critical factor and the Development Guide suggests balanced growth that is planned to ensure that neighborhoods, residential streets and. facilities are not disrupted. Land use diversity, including high intensity housing is encouraged in these areas both as a buffer to other land uses and as a way of prompting trans- portation balance and energy conservation by providing housing near jobs. The amendment will not impact the intensity. The request is to alter the parking and transportation circulation of Denton Town Center. Denton Town Center is an existing center that includes retail, office, medical office, and restaurant uses. The center cur- rently meets the zoning ordinance and planned development ordinance for this site; however, due to the amount of restau- rant lease area at the center the amount of parking needs to be varied or additional certificates of occupancy may be rejected in the future. The intent of the request for an amendment is to establish a development summary of permitted uses, Increase the amount of parking by using compact parking spaces, and redesigning the medians in the parking lot to provide better traffic circulation. The design is an improvement over the existing situation, but it will not solve all the traffic circulation problems that may exist in the area. Staff Is currently reviewing options to revise the Zoning Ordinance with regard to parking requirements for shopping centers. 1 ti r (Case Z-88-015) Page Three I RECOMMENDATION NI Planning and Zoning Commission recommends approval of Z-88-015 with the following conditions: 1. The issuance of certificates of occupancy will be based on the following land uses permitted: Retail 52,379 square feet (681j Restaurant 14,279 square feet ((181 Office 9,518 square feet (121) Medical Office 1,470 square feet ( 24) 2. The square footage of the land uses above may vary but the parking ratio cannot exceed 110 percent of the parking standard required by the Zoning Ordinance and based on the summary of land uses. 3. A copy of the currently leased area must be provided with each request for a building permit or certificate of occupancy. 4 ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition { i ATTACHMENTS i 1. Location Map 2. Detailed Plan 3. Development Standards 4. Ordinance 82-13 S. Reply Form Totals 6. Mailing List 7. Minutes of August 31, 1988, meeting of the Planning and Zoning Commission { 2399s I 288015 t o 0% R . V R op I t i ~ r -T 4r 1 • 1 w • i IO QI ralr Irr.w r1•n«I .own-MO4^UL~ j o 1 ~1w. i L 1, irs. MIY - Ir 1Y xt N ,I. -imr.c' Y. 11 21 • ~ e Ii1 ~ . Jo 0 t l F ~ ...1 F wm Illlrrr w C 1 1 1•/I 's. e;/t J f !6'L". C , ,---[f rlt4.r ! {/,,InJ :WZ, 0-00, 1•y 1~7fl 1r1 +r,i 'HII to It 111„Ui r 'rl. ~~711 _ • .r 1-IInllL lrr 11111,1 I t Ilr 1411 a•1w In ' Itl1 x11i arar'1 A M ~ A \ 1 1 .1M •Y 100/ IH j • i . 1'1 r.. ^._r~1 Mew ~1111•,,i .1,.1.. ~ / IIMY 4.1 :IN 2 • r IIMH UI N 111\ 1 11 to 1 _ Ob• Z rA t ~ /I111 IA1 MIIt1 i r111 q,l 11IIII Num.r r i ►/-1 OgON TrN1111 N,11 I•,A w. rlo,011111 y m. x.,o w Pool .rM IY M xA• tr .1• . AA• . arYYrA1• . A tYr1. OINTON ?owe OlM/1N NOIWO NOI 1/11011011 trNr HIOCIIIION, 1IN11LO ~~w'-;~1 M-O~1JL Q 9tjIT ~rw` YI` tw .l: vu IM O!:TON TOON OOIfLO 1 /0 NrrY A Null. Yt•IMrlr1 ' 1•r I.LH_LL ~ ~ - f, P}( wl FOr 1110ut /•r'M!" ua ~,I,~LL~ NIH OtI, t110O i REVISED RECCIVED AUu2 91988 i DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Owner: The intent is to propose a restriping of the parking spaces and creating a development summary for proposed uses in the center. 2. Statement indicating Relation to Denton Development Guide: t'h._~ncensity Area 3. Total Number of Acres in Proposed District: 4.9689 ac. 1. Land goes and Total Number of Acres in Each Parcel or Tractt Total Proposed Acreage I' a. 3ingie Family Detached 1. Single Family Attached (townhouses, cluster, etc.) c. Attached Patio/Garden/Zero Lot Line d. Duplex _ e. Multi-Family f. Office _ 9. Neighborhood Service i h. General Romil _ 4.9669 i. Comewrcial i, Light Industrial _ k. Heavy Industrial 1. Other Ispecify) - T De+elopment Standards Page 2 5. off-Site Information - ad)acent or surrounoing land uses, zoning, streets, drainage facilities, and other existing or proposed improvements. (Shown on concept or detailed plan.) n/a 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. IShown on concept or detailed plan.) Projected Traffic Generation. (Based on traffic study, if required.) 39015 7. Bufldir^s: a. Approximate location. (Shown on concept or detailed plan.) b. Maximum height: Two-story c. Minimum setbacks: (Shown on concept or detailed plan.) 25' building line d. Maximum gross floor area (square feet) for ronresidential: 71.646 SE I 9. Residential Subdivision: I a. Number of units per acre (density): NIA b. Number and location of lots: (Shown on concept or detailed plan.) c. Minimum size, width and depth of lots: (Shown on concept or detailed plan.) d. Minimum front, side and rear yard setbacks: IShown on concept or detailed plan.) r _ t r I f ~ I Development Standards Page 3 9. Water and Drainage - approximate location or all existing or ;toposed creeks, ponder lak~is, floodplains, other water retention or major Erainage facilities and improvements. (Shown on concept or detailed plan.) N/A 10. Utilities - locatior, of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan.) N/A 11. Lo_ation of trees 3' in diameter - six (6) feet from ground level. (Shown on concept or detailed plan.) Landscape already in place- Any to be removed will be replaced by similar landscaping. 12. open Space - location and site of greenbelts, parks, common and recreational areas. (Shown on concept or detailed plan.) N/A 13. Screening - location, type and size of all fences, berms or screening features. (Sho.u on concept or detailed plan.) None proposed I 11, Development Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete construction, and rate of i development. All dates should indicate month and year. j N/A I i P ADDITIONAL REQUIREAENTS MR A DETAILED PLAN 15. Landscaping Plan - major features and types of landscaping to be used. Landscaping in place. 4 I Development Standards Page 1 16. Signs - show location, type and size on detailed plan] otherwise, signs must conform to Article 17 of the Zoning Ordinance. r Siang to rnmply_wlth ordinances. 17. Sidewalks. (Shown on detailed plan.) 18. All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of ordinances. (A separate plat is required.) 19. Development Schedule ;detailed plan) - indicating start and completion of construction and the rate of development. All dates should indicate month and year. j N/A To be completed upon approval. _ . ! f aD ! t i Minutes Planning and Zoning Commission August 31, 1968 'the re¢ular meeting of the Planning and ionine Commission of the City o[ Denton, Texas was held an Wednesday, August 3l, 1918, at 5:00 p,m., In the Council Chamber of the Municipal Building. Present: Euline Brock, Jim EnyYelbrecht, Ivan Glasscock, Judd Holt, William Kamman, and F, an Horgan Absent: Etha Kiker Present krom Staff: Frank Robblras, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Cecile Carson, Urban Plannerl Oxen Yost, Urban Planner; Joe Morris, Assistant City Attorney; Rer.e Baker, Civil Engineer; David Salmon, Civil Engineer; and Donna Baker, Secretary Chairman Euline Brock called the meeting to order. ( I. MINUTES: It was moved by Mr. Glasscock, seconded by Me. Morgan, i 1-511 tarried (6.0) to approre the minutes of the regular meeting of July 27, 1918. 11. Public Hearings A. 2.81.015. Consider making a recomeendation on the pet t on of Henry S. Miller Management Corporation royuestins an amendment to a planned development (PO-21) and approval of a detailed plan. The property is touted between I-SS and Colorado Boulevard an the southeasterly side of Loop 288 and is the current location of Denton 4 Town Center. If approved, the amendment would permit the redesign of the parking lot and establish a parking space ratio for the center. Ten notices were ;ailed to property owners within 200 feetl no reply forms were received in favor or in opposition. STAFF REPORT: Ms, Carson stated that this was an amend- ■en["To an existing planned development. She stated the j property Is the location of Denton Town Center and the amendment would permit a redesl;n of the parking lot and a reduction in the number of p~kin; Spec *a. Loop 281 is the primary major arterial and the site has three existing curb cuts on Loop 211, Colorado Boulevard Ia also a major arterial and one curb cut exists. She said that no amend- ments are proposed to the access. Ms. Carson stated that in 1982, the City Council approved a change in zoning from commercial to inclusion in planned development-21. She said that two of the four'conditlons in Ordinance 12.13 state that landsupin; plans see re- quired with building plans and that the specific site plan I, condition was waived, She said the first structure was rr built in 1982 and 1011 and originally occupied In 1983. She said the propperty is located in a high intensity area. The area Is one of three high intensity or major activity centers in the city which emphasize a balance between commercial and industrial uses, She said that the request is to alter the parking requirements and transportation clrculaton of the Denton Town Center and would not Impact the Intensity. She stated that the intent of the request for the amend- ment wu to establish a development su;aaryy of permitted uses increase the amount of parking by usin; compact 0irk~n; spaces, and rides[ tnin the medians n the parking II lot to provide better traffic flrculatlon. F 1 PIZ Minutes August 31, 1988 Page 2 Ms. Carson stated that the design is an improvement o the existing situation, but it would not solve all thever traffic circulation hf pproblems that may exist in the area, revise theZoning Ordinanceewith relardito puking require- menppts for shopping centers. The amendment would allow medlancwouldobecremo vedcarMJ. CarsonscontinuedtthatoIn order to meet the requirements concerning access far fire equipment, the petitioner has agreed to stove a fire hydrant. statelO Rt heafeltmIthwa200ne 8 best wayetosresolvelthe, space issue. He said that he and the other petitioners have worked hard to meet the parking requirements and to allow then to continue to lease space In the center, He added that no more restaurants would be allowed in the center, IN FAVORt None Present. OPPOSED; None Present. RECOMMENDATtONr Ms. Carson stated that staff recommended approve w t the following conditionst 1. The issuance -)f certificates of occupancy will be based on the followinv land uses permittedi Retail 52,379 square feet (681) Restaurant 11,279 square test {l11) Office 9,511 square feet 12 Medical Office 1,170 square feet ( 11) 2. The aquare footage of the land uses above may vary but the parking ratio cannot exceed 120 percent of the basking standard required by the Zoning Ordinance and based on the summary of land uses. 3. A copy of the currently teased area must be provided 1 with each request for a building permit or certificate j of occupancy, EJ REBUTTAL: None offered. Chair declared public hearing closed, f DECIS10Ni Mr. Glasscock stated that he felt the amendment in.an Heumovedstotrme amendpapproval of Z-01-016txithcthe ieondi- t(ons as recommended by staff. Seconded by Mr. Holt and unanimously carried (6.0). 6. 2.88.017. Consider making a recommendation on the io_ nlni from the Jester, Jr. requestin sonin adistrtet i to the I ght Industrial (L1) toning distri ct on a proxi- mately three acres of land located on U.S. Hl Away 310 and approximately 2 100 feet west of Trinity load, The property is more fully described in the Morreau Forrest j Surrey, Abstract No. 117. if appDroved, the property may be utilized for any purpose In the light Industrial toning classification, Seven 200 fee jinosreply formsd property Inefavort ornin opposition. 1 I VROpERTV OWNER COUNC FORMS IL UNDE, D , IN OPPOSITION ' INl_ None received None received I d F R w 1. ; z. i .i 5 1 t I t } f t i.. ~aj 1 f 1 i I I ~G Z f~ ~ 01~. 'OD~Ia ✓fY{uKe~ A'►k~IMtM~• F~{I{Wnev ~alart vtJ+1 ~itlfE✓, wet, ~vbjtt4 ~ro~sv{,~ e/'f~V~ Sl{,rd~F /`jjw<, Q~L1. .u 7 tcv DI~IvC0f00 G~dI- 1104 $1 eeS Me. -047 ~?!i' v 250 ~i ~•v/ J3rMa1~ r'b2 S G~ 012 I III ~9o3ao43~1 i~uw,« K~tiy •~.awp„ 1 ga~4o02gp Po po,c 93U763 s 3~tilGb~Oo r talc M. ViOMLO !-GrII AV e. UPI l is C Powro v ~?Y; 762ot i Qtr~Svo2tt{ ✓ riw~f S~O+rs. '~2xs I 7~~l,~~tewief m-sA;IlPA '9bl GN+w+avcs 5rf f 5}. W*vPA Tx , 7oroz 9?Gto $F 't~swuw}' ~xlr+t h~ woo, & ,of 7-a. l,R C. ,;L;" S cwt, pis or , 7~ 2 a1 I ~u~gt~~l ✓ Lwx~ 'John Aver/ 5tr~~wc! „s(ej,o av t roe 7ito/ F ' ~ 1 af2L ww3 Kto~er H2Z y lvc 4r,rst.~ f~ idr,t //(fG Noy/3so/a ?x 7X66 ~.~1►~/4/!/,rev%~/~(~,~% ~~er,~rC %nwr 12iii4-0 AV4 Moot L/ ltJ~ry 4e SMk Gylo lJ t lArd f# iciw/!~ 7TX 1GA►!Z i +i 1 i I i f t iI f ~1 2495L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 4.96 ACRES OF LAND LOCATED ON THE SOUTH AND EAST SIDE OF LOOP 288, BETWEEN COLORADO BOULEVARD AND INTERSTATE HIGHWAY 359 AS MORE PARTICULARLY DESCRIBED HEREIN, AND BEING A PORTION OF THAT PLANNED DEVELOPMENT OF $2E000.00 2FOR;VIPROVIDING FOR DISTRICT A PENALTY BIN A THE ESTABLISHED BY ORDINANC NO. OLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 82-13, the City Council approved a planned development district (PD-28) and site plan for 7.2 acres of land located on the south and east side of Loop 288, between Colorado Boulevard and Interstate Highway 35, as more particularly described therein (presently known as Denton Town Center); and WHEREAS, Henry S. Miller Management Corp. has applied for approval of an amended detailed plan covering 4.96 acres of the district to provide for the redesign of the existing parking lot and to establish parking apace requirements; and, WHEREAS, after a public hearing, the Planning and Zoning Commission recommended approval of the amended detailed plan; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That for the 4.96 acres of land located within the Q lanced evelopment district established by 82-13, there is hereby approved an amended detailed plans said land and detailed plan being respectively described in Exhibit A and B , attached hereto and incorporated by reference, so that hereafter F the property shall be constructed, used, and maintained in accordance with the amended detailed plan herein approved, subject to the following condition: s The detailed plan provides for 390 parking spaces based upon projected land uses as follows: Retail 52,379 square feet 681 Restaurant 14,279 square feet 181 Office 9,518 square feet 121 Medical Office 1,470 square feet 021 Although the maximum permitted square footage of the respective land uses shown above may vary, the total square footage of all land uses at any one time shall I r not create the need for more than 483 spaces, based upon number of parking space required for those uses as specified in Appendix B - Zoning. To administer and enforce this provision, a copy of the then currently leased area certificate of occupancy. for a building permit herein made. be attached MM-1 nce1l• -13, That a showing copy the amendment orindance shall to SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor 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 such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective four een ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub Iishad 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• i i RAY 9TMEN3;--nYW- ` ATTEST APPROVED AS TO LEGAL FORMO DEBRA ADAMI DRAYOVITCH; CITY ATTORNEY BY: i I EXHIBIT "A" Lots 4 and 5, Denton Shopping Center Addition y ' i 'j f P ~t { :A L 1 i i t' EXHIBIT "B" DETAILED PLAN FOR DENTON TOWN CENTER, CONSISTING OFs 1. Detailed Site Plan (I pageli and 2. Development Standards (4 pages). 4 F J I 1 E l r r i i. 1 I ' I i r f l L-88.O1S J 1 II i - - - - - - - - - - - - - - - - - - - i J .~~rq 1 •.I yam; . • ~ I r l!IMIX'~ ,Ni N;A 1'11,' , I i CMrK /It ri H'rX I 1~1.It°i•PI I r +I I j ! J ~ 4~,14LJ/l i f 1' I 1 1: , f~ Xw ~ Y . Ilil y R'•F~H Xa 1 ~I•t1 .~.Nj1~-i'iMi c • rq f ♦ 1d`1 11 yM1j.I N rr.l i ♦.IS '•4 rr ti/ r11 .X Il ~i'~1 1 ~ilY,1I I„r •I I•r l ~ Irll 1.1, ~ .-►0•ftl nYl• ' I ~rf. i~w °tr• OII Itr. ~ ~ ~ IIInH• f ' IM YOI~~N Yr i 1 \ f .11 i„• ull u... nVOwn 11 x11111111 111111, ' i 1 wHi ...,~!....L.... J7rfrw_...ir 1 M,N r....„rl~ I "r'w H III ~ ' I ~wIW YhM I,X ~ ~ M' ~ ~ ~I / \ Ilblw w 1 1 IN 1/0► ft1 7.... _...F ....li.wi `L'r' • MI Y + 1 1111. ~ Nlu LI Iluill - . tilr+. I' 11. 1iu~W111 _Mair1 C- Y ! l gtNq lu_~u1 0Y H11111 I INV`111 Mllltl 1 w I+ ID-f1 11'p ryi IIA w f DYI PY,,j Mal I-... 111 II M Z rw~}~r 111 Ntl/lry ID•{ Y ~ ~RELMIMfARY olull frklpl WN NOT /l)N CONOTNUCt10h w r Yrh, 1Nr I ti nr rNw r1w YI 1 .r `t Iwrwlll IIX wr wNl IIYw wN . wrxw w .~~t N~w1II ~ wruw r r w r Ii Nr~11 r-•1~,. wo- Jr OI#tYl tO~M ttYtt# Iuoeu1 PC Y, urnte IIOrIYI YO{I/IC 4T10# rH _ _ J /0 Mholl YNl[I Yn11ry(WIN? y 1l 1 ii f'U 1 IIMt/#I t 1111{ Ir trrs Y.. 111. . rw = n j~ ►0# I I{10# t0## Ciotti r~l NO# C#OW UhIwM►~. .111 i rh J 1 It T Ylq r. II f yw.lllll r I I ; ,1 I • A iI DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of intent of owner: The intent is to ro oss a rests! in of the arkin s a u s and creatin¢ a d• e10 ment summer for ro ostd uses in the center. - Z• Statement Indicating Relation to Denton Development Guides HahntlnsitY Area 7. Total Nutbot of Acres in Proposed District= i s• Land Vats and Total MUMOC of Acres in Each Parcel or Tracts a• Single Family Detached Total Proposed Acreage a• Single Family Attached (townhouses. cluster, etc,) C. Attached patio/CardM/tero Lot LLM i d. Dupl#A to Multi-family ? f• Office g• Neighborhood Service h• Genital Rotall j i. cosrsrcial x.9684 1• Light Industrial k. Heavy Industrial { 1• Other tspicifyi I N De+elopment Standards Page Z S. Off-site•Information - adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed improvements. ` (Shown on concept or detailed plan.) n/a II 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept or detailed plan.) Projected Traffic Generation. (Based on traffic study, if required.) M 1_015 I T. euildingst a. Approximate location. (Shown on concept or detailed plan.) b. Maximum heights Two-story c. Minimum setbackas (Shown on concept or detailed plan.} 251 buildino line d. Maximum gross floor area (square feet) for nonresidentials ]1.fi46 SF I 8. Residential subdivisions e. Number of units per acre Idensity)s NIA b. Number and location of lotas (shown on concept or detailed plan.) ' I co Minimum sisem width and depth of lotas IShown on concept or detailed plan.) I i d. Minimum front, aide and rear yard setbackes (Shown on concept or detailed plan.) 6 s F f I Development Standards page 1 9. water and Drainage - approximate location of all existing or proposed cteeks. ponds, lakes, floodplains, other water retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) N/A 10. Utilities - location of all major sever, water or electrical lines and facilities. (Shown on concept or detailed plan.) N/A 11. Location of trees 10 in diameter - six (6) feet from ground level. (Shown on concept or detailed plan.) Landscape already in place-- any to be removed will be replaced by similar landscaping, 12. Open Space - location and sire of gceenbeltse packs, cosunon and recceational areas. (Shown on concept or detailed plan.) N/A 13. Screening - location, type and site of all fences, harem or scceentng features. (Shown on concept or detailed plan.) None proposed 14. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete construction, and rate of I development. All dales should indicate month and year, N/A _ I I i AO0121oNAL llipnlAiNiNSS foil A pi7AILto PLAN IS. Landscaping plan - mayor features and types of landscaping to be used, Lapdscapini in place. i a 1 MW NNW -'Mmp~ Development Standards Page 4 16. Signs - show location, type and size on detailed plant othervise, signs must conform to Article 17 of the Zoning Ordinance. gign• to rnmPIj with erdinnnee+. 17. Sidewalks. (Shown on detailed plan.) 18, All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of ordinances. (A separate plat is required.) I 19. Development schedule (detailed plan) - indicating start and completion of construction and the rate of development. All dates should indicate moth and year. N/A To be completed upon approval. r f i 11 . 1 I t`[` 1 k F ab 1/61 1 i i T-1-71-1 I i i i TTT= EaZL= k i AIN'T. 211111 Emilia CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund for John Neuberger/ Waterfield Mortg. Co. RECOMMENDATION: The Tax Technician has determined that a tax refund should be issued. 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 Waterfield Mortg. Co. has requested a refund in the amount of $ 624.11 since duplicate tax payments were made on Account k 7140-02000. BACKGROUbD: Waterfield Hortg. Co. made payment on December 7, 1087, in the amount of $ 624.11, then again on December 31, 1387, also in the amount of $ 624.11. Tax records indicate payments of $ 1,248.22 against a tax base of $ 624.11. A tax refund is due. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the Tax Account of John Neuberger FISCAL IMPACT: 1 $ 624.11 1 ~ i } RESZULY/; zazll Harrell f oy . City Manager Prepared by: Name V Schneider Title Tax Technician Approved: i Name Monte Mercer Title Controller 2633C/3 i N I CITY OF DENTON CITY COUNCIL AGENDA REQUEST FORM* f DATE OF CITY COUNCIL MEETING: November 1, 1988 ITEM TO BE PLACED ON AGENDA: 1. Word item exactly as it is to be placed on agenda. Include any Advisory Board recommendations. 2. List backup materials (to be submitted no later than 5:00 p.m. Wednesday, prior to the Council meeting,) 3. State the order in which the item needs to appear on ' the agenda. 1. Tax Refund A. Consider approval of a tax refund for John Neuberger/ Waterfield Mortgage Co, for $ 624.11 B. Consider approval of a tax refund for Jefferson Federal Saving & Loan/First Gibraltar Mortgage Corp, for $ 945.46 C. Consider approval of a tax refund for Jefferson Federal Saving & Loan/First Gibraltar Mortgage Corp, for $ 945.46 k 2. Backup materials consist of applications for refund, copies of City records, and copies of cancelled checks, t each attached to.the proper forms. 3. Order on the agenda is at your discretion. i , s THIS FORM IS TO BE SUBMITTED BY NOON OF THE MONDAY l 0 MEETING. Note: Please use a separate request form for each item that is submitted. 2b33C/2 I i statorrewrttaxaord APPLICATION FOR TAX REFUND Aefund Apo k+11M 31.11(4 /131 Collecting Office Namr. n Collecting Tax For: (Tax mq units? dt/S 'y1dKi~net/ (~P r 7`o1 ~ 7;;- Address 7 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; 1 ` e r r Address ~.'.'c r infor ..tion is needed)' ~e2' 19 41' S • 3 eQ {C'iIN ~`e I,l! 'Yk C Telephone Number Iii aVtlnrvr,e, urv•irra IDENTIFICATION OF PROPERTY: ZA~k~.A~cQ~ Description of Property: Lt'- ~ 0 ` I Address or Location of Props Account Number of Property: or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Dole of the mount of Tax Refund to Requested Is Requested Tax Payment Taxes Paid Requested 2. (~a119 / a l 19 S $ 3. 19 119 Taxpayer's reason for refund (attach supporting documentation): gel l heft yap y forthe refund of theabovsdett taxes an otnlfy that the Information I haveglven on this form true and correct' WATERRELD MORTOAOE COMPANY 200 E, BERRY STREET 10 ~1 8 8 Signature - "FORT WAYNE,18, ate of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disspprovsl Signature of Authorized Officer Date Signature of Presiding Offlceryt) of Taxing DAte Unit(s) for (&fund applications over $300 Any ponon whe makes a lei" open theforgoing mod shag be subleol io arse of Me foMewln9 we": i. ImPAsenmtM el net mare Ilion 10 lean nor lees then 2 years and/air a One of Pei mere then $$,000 of both such AM end wise4enowt: 2• eenflnemeM in ter a term uP 1 loot or a NM PN to exceed $7,000 at troth such Ilse and ImpAeomwi ss to forth in Section 31,10, Penal Code. x`rWNo 3i11 COLLECTIONS 30 ' WATEAFIELD MORTOACE COMPANY. INC. 19560 i ESCROW OISSURSEMENT CLEARING ACCT. NO. 001 , i 12-31 87 1140 PAY TO oRDEno F Denton '4 i~y__._-- - $ 1,590.02 , C704 1~It~~/~~;lN DOLLARS VOfD A►TER 1b DAYS 11'i9 12 G1-ufi•65 02: 116~u1@1 ownef pan* i FOR 07(F7~•~J~1 ~rc~~'1/.Q~~~Y'D`d~ _,..1',0L95601' 1.2740404941. 590003244070 i` ,00000 L 5900 V I i; ' kI I, I~ ii 1 t i 11 1 I 1 i G I i J4 t)d' 05 e4 1 i 1.•i r e. • k.. . . flu < y.,J! 'I / s ~ ~ '-LL ~ = •C.,' E7nM'•' 1..'+~.,. 1 .r •t i}~~~.lt~~i.4 ~ 1 ♦ A 3 • .t n x~.. ty? s a 1 s- « .^7 r " PA ~lil8 IfYCrIr'iP °s~i.FS 4 v S~};w• PATH fi,74 C♦ ti+t9 tp.''~--IA• r.r t1H5 1 2 0 1-v5-.Ec,.~~ s i 't C S.~b.Otat5 r i / i M.T. ' y r[yjMWy~w++a ..~w..yr.w w,~e«r« o..,_._.. _ ..~.4.r.•c. 1 I i i. F 3 i 1 1 I 1 CHEATHAM" JLHN1 I la1 0•~ a~a:f, tt `rp~..8 ..4tlE~Itlbll..1E89Y.I .................1.+22 at$.............2............ pope..- -l. Matpp~ .00 ppA M c-- ~j" 711aAY«O(1 87 i1o VAT;111J" J. 1601:63 YNNNNNNN 12!29 1801:63 :00 712000500 191? THRUs ?16000200 198? L 01 DATE 1131168 TAX TRIAL NET TAX REAL CODE A PD-DATE TAX PAID PENEPAID. TAX PENALTY EFFECTIVE NEXT TCTAL DUE ACCUUNT N YEAR NAME ' 11 MAX F, 66 IA YNNNNNNN 12128 683.26- .00 00 .00 1,?..OELS(MLAEGER, 7 OELL MER JOHN C 725:44 YNNNNNNN 10130 725.44- .0) 00 .00 ~ a ~jj aa$.7} YNNYNNNN"izna aba 113e ~a 14f f t~$""PRRRRRRR a `s'S~TER;E • . 7121 87 PERRY J D 614.19 YNNNNNNN 1127 614.19- )0 .110 .00 .00 113Ur101 Q4$7 HOLMAIYS, CHARLES F II 811,75 YNNNNNNN 11/0 811.75- WW .00 •00 •00 ! 713( 31 87 8ARTON; JAMES RAC 1 1157383.66~~7 1Y'NINNNNN 121z%04 51S79}}.6611- .Y10 .OU q t4 lW E_SE._ i~0:30""4 NRN RRM"1i7j5- b7p.3(Y - .00----------.00 -.00 .T)0 713+1)) 87 JONES,'DOROTHY T 710.69 YNNNW NN 1129 ?10.69- .00 .00 .00 .00 713000 87 NORAIILE, JOSEPH L 518.3 YNNNNNNN 11/24 578.32- .QO .00 ~QQ •00 713)7 67 REIN'f, RONALD F 649.4 YNNNN4NN 1129 649.47- LU .00 88 .Q1 71, 81 SELBY GEORGE 489. YNNNNNNN 12129 489. 00 .110 11]QI] 7 ARR N~j QN ikE 7 r NPA~NNNII l 7 r a a a a yJ(Jt 1 Rt g y z g 82 b p~ fi 1 '•~7"Rbl6E T ~AARLBS P' d' 4RRARAAA "~27~2 - .00 1 713001 87 IVY 464LD LEE 874,15 YNNNNNNN 12/09 814.is- Of) 71y})1 87 BAR{MART HERBERT L 613.29 YNNNNNNN 12128 613.p2p9- •YNNYNNNN 113001 87 DURBORJERRY D 61 533.08 YNNNNNNN 12130 533.08• 613.04 41.E 655.95 KK L - 7 .1 7"J FITF~;¢4g$o•iR'ETA[ ..............2~i: 4 tt~y 71z:~i : , as, 71 1 7 ENDERS, WILL 1AM H $50.54 YNN'YNNNNN 1 196- 54--_. .QQ .00 50 . E .VW0u0 MAAI~ JOHN OE JR 816.6 r"rw w 11 116 - 616:M- .00 71 7 KAY R69ERT S 744.11 YNNNNNNYY 12122 744.11- .00 .0,0ry t I? Rk ~µµIIEEAEg c( 6b7 a'6 yNNN ' /o 1 a a a a '-TAR`lVLL WAADMIRAL 0 A-R 652. 'Y~1211? - ;b ~j .170" aa p 614.93 YNNNNNNN 11/3 64.93- it 1 7 BELL RMEAT W . mill 11 67 JOHNftON RICHARD E 61 .84 YNNNNNNN 12118 67 .00 71 114001 61 HARRIS, k0Y E 59.84 YNNN~ 12129 697. - 7101 17 "LASA'j...................... --~bf~- --34:• ......342, . f 1140)1 667 BRANNAN, M WAYNE 859.98 YN*"" 12130 859.96- ?I 0140001 f 114071 a7 RANNAN BOYCE D 612.66 YNNNNNNN 1114 611.66- 40011 eA1 GRAIN IHARLES E 581.14 YNNNNNNN 121 581.14- .00 :W ) 1140)19) 1 04CtORFiiCK, WILLIAM C 868.19 YNNNNNNN 11/11 868.19- 00 .d) .OU 71G1~1~+~110"'6T "t CARSON AkSOAi'EkREii'6 " d92:$ "7RA4RRRA 69?•000UNtt~OtAl 2,83~~a3 71u)p11?0~ 86 , ERnEST D 645•j d)5:51 12`.01 8I>:58 1140)1 90 6 LARSON, ERNEST D 6U .51 4.93 , . .t, f , I . ".1, - .l 114]02200 1 P'ARS~YI, A WILBURN 662:5 YNNNNNNN 1 16 662.3 W 11X00100 67 CARPENTER, DEAN L 176.35 YNNYNNNN 00 776.35 54.34 667.69 1 ' tt'JWV14?U..$4..E1}RPE9IER..4E9N-t__________________ r0123............12417.....75942}-...l.ia a _Accew -TAC.....SPI • .01) .1)I) p) 71Sr,'NY)2i)n 67 SENLADEN AAJAA rT 1,012.44 YNNNNNNN 1213) 1,Q1j.4Q OQ l1s~nS~a) 67 REED, 4EAT k 583.1/ YNNNNNNN 12122 08, .J9 .71 .1X? i r Liz= l Lax= Liz= LL= i ;i i I ' L i i 1 1 1~ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 4 SUBJECT: Approval of a tax refund for Jefferson Federal Saving & Loan/First Gibraltar Mortgage Corp. RECOMMENDATION: The Tax Technician has determined that a tax refund should be issued. 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 First Gibraltar Mortg. Corp, has requested a refund in the amount of $ 945.46, due to duplicate tax payments on Account # 8904-00620. j 4aCKGROUND: First Gibraltar Mortg. Corp, made payment on December 11, 1986, in the amount of $ 945.46, then they made another payment on December 31, 1986, also in the amount of $ 945.46. Tax records indicate payments of $ 1,890,92 n ainst a tax base of 945.46. A tax refund is due. PROGRAMS, DE'ARTMENTS OR GROID S AFFECTED: The Tax Department and the Tax Account of Jefferson Federal Saving & Loan FISCAL IMPACT: F $ 945.46 t 1 ' RESP FULLY SUB ITTED: AA~ -Lloffl t. ar Cifrj Manager Prepared by: I ,/e. ZZIf ame Vic Schneider Title Tax Technician Approved: _ / GArYLE ~.rt~Lcv~ ame Monte Mercer ! Title Controller 2633C/3 r I t r States Pro"ay Tax sasrd APPLICATION FOR TAX REFUND Mfund Application ]1311(0171 Collecting Office Name; -1 V //-C f, Ta Collecting Tax For: _ - iv r) rr% >t of I#7et/ ~c•r~7Di~ /wY 76J0 Address City, State, Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. ^ tDENTIFICATIO OF PROPERTY OYYNE : Name: 3&17t CAW Fji f r !'o.-n Address: U r 7s- G Telephone Number (if additional Information is needed): IDENTIFICATION OF PROPERTY; Description of Property, T~ p ~!/fir ~r•r~ ,r.-~ d/nP.~ /U Address or Location of Property - c Account Number of Property. ±~~9Dr/-dd6ol(J or T ix Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of t From Which Refund Which Refund Data of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. n 10 / 10 6 S uy6 S 2 r11O / / 10 $ 5. - S 9 SiS. 3. 10 / to- $ S Taxpayer's reason for refund attach supporting documentation): dIa r&g, e st Pa;cl -lle ',.rill ~feLLrrYx c~ri /a-/%~G a~~/n /oT'~~'d~ ..Sre al~~~cr~lr~(r/lrCk.J i "I hereby apply roe the refund of the abovedascrlbed taxes and Corby that the Information I have given on this form ! Is Is lrw c 0 Si naturo Date of Application for Tax Refund OETE4MINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Prodding Officers) of Taxiing Otte Onite) for refund appllcations over $500 Any person who mantes a IW" entry upon tho forolli record shall des sub)ttl to one d U1t foNewletSaenaltita; 1. ImPMonmtnt a net mat than 10 rears not less tht•1 Z years sod/or a list of not nron then $6,000 or bA such Ant and ImpAsenmtnh 0, eontintmtnl In ~aa for storm up le t year or a Ihtt not to need 52,000 oe both such and Imod"riment a11N forth in Section 31, 10. Penal Cede, u►taae r, u SIGN AT THE X, FILL IN THE DATE, DON RETURN THIS FMI WITH ODPIES OF THR FRONT AND SACK OF YOUR C'ANGTUM a=t OR YOUR STAJWM RECEIPT, TO: CITY OF DWIM - TAX DEPARixwF, 215 E. xxiNNEY, ranim, Tam 76201. s i OCL f;~G IRS 're 'ee- n IGi~-w•lcs ~~/~~i?~ i i i C I 1 1 II ,I f J' ! ;j t. .11 ti _II 11 11 1 :11. 1+ ,i I.: u, I, 11 I! i4 ii I ~ I+, Ir II .I I` ! II .tl l~ ~I_II'.:~-II^Ily f+':,'i+iii~,'s}'tl' IE I1'rl}'fl 11 11 {I,tl tl Ilj. Ir I . • I r,~l II , i1 1 It I+ , Ii II :'II tl 11 il, "II.' ' ; ll '!I i1 1111 - II tl ~ I { II, 1! 4 fi{I 11 ll:;-,1i1 I M, , V' I) 1{ ll ~I il~+it l',1 V0 811,DNV 801 1?S iq r1II ' II'" 'NI~~•-;~ c.~ } r II{ I i i :II 1141IIS'4OIY3W41E41f41 t#:!tI. +l +t^: II 'll"36.141 II 1! II II: ! NN VQANY AVI. "fI I! I :.l El,:~1 a ;l 11 ai I,U I tl t II I4 1 II 1II II_I:.II,_II LY {I I:It'll"Ii 1 VLI-1 I1, 1 e.r.,ti ..;;1, It,_li ^II # II 1E..'It..'lll..'ll- I 1! 11 .II ./i 11 II II_ yl „t It 1i,2'"'/--~~r,~-~i "I~' IL. II II: ti it IL..'ll II" 11 11 tl "II' 1! rl :It !i II. It" t, fi,JV'I i te11 II "Il,...N II fl°tfiClt ' li 1, 'I . 11 3i. It I1 11 II 1~, + ~r t} 111 ill'r II Ii 1 1! : il~ 11 rl ; 1i '1 I1z ~i••=' r1 , ~,f _r :i~ .r° li', i~ 121 tl. it li_ If l li 1 }t. 11-7 ;I;':"1i'^tl,, II rl 17 Is.°t~• i% I# 11."1#., II i1''4,t} 'I .'I'I It "It lr :u, II »I'~ rl. '+S' I'" i ~ 1 II '+I -~{t tl ',J: "li: Ih.:»IL" 'il'i~ t~it~it etl; it li_ !i 'I! II II:•~11"! 1!.`It E I ' III, rl, II tl': It II»_i#". T,~w9wWn11E . ~ II "If II .Ir II«:I~r +r tl: II '1 it„'1, '11 N '1 li :_II.'•~II'~^1!. `',i I i- It, II.~ II LII' X11 ••E ~ ! ( II: n: I II i1 .,1} i~M I I II .#t ' i° !I :11 i it (r1! It 11 .Ir tl .II Il~sl:£T.~e ttP :~R I I AI. 'Il II: f~i -,r I} i Ij: II II'I {I I;~:II.~, it ft II ;rE it 1 I 711: )1 1 ;1i ~i~`1!: ~I !I I# ~"II~ tla IIL' 1' 1! II II I~ :11 1,. I :.~+r.;ii._ ~ ~ n. EI n• ll vi li~ II ~ ~t if .,I ~I :It na.: It Idyll,}1 II ll l}'IhII II.ll;~i:;i If ,i l},,} `I It 11 11.1+ II tl I~:II_#I 1 : i. n, +I i r i 11 jl IIi')II II' .'fl IE 'li I:. i' IL' II: }I II It _112«II s :!I If :II „11-11:: It`wl II 1 II, li i_ II IA ~I ~I^ 11 1r I, 1% ' •r.r_-~_. it .•11 _II _I. I.. .;i• 1 I t I _ A1C 1201 FIRST GIBRALTAR MORTGAGE CORP. q 451.9200 1 2 5 0 3 3 j T BANKoE AMERICA 4004 BELTHNE, SUITE 100 00125033 NAO CaVarnltlnklCemw P.O. Bun 110199 ! 14U0W 1V mp4 SIRe1 CALW, 1ERA71136141" t Lei Anelhl, Gldwme W? I DATE AMOUNT 0 ( 12/39%86 +■*01r090,92 PAY 44 FI'.5I~IB.t•r, r^w w;1 fi r M0117"CE CITY OF DENT6N 215 EAST 1ICK1101EY ST. 10 tNE CIENTGFt TX. 762 O 1 Flnl olw.ltcr MmgpE tel ~ I OWN R1qu1 Ace n or / //6)01/ ME/9 vo I D Ar T8 P 000 Ar8 1 4'1250334' 1:1220006G,0: 123 Salt, 14Sn54, E1100001bh01i2111 16 -1: 1 i V t ~~90400600 b NORO~ AItEtNOA6E 0 ER ]60.00 MZZ"o 4/1 .CI(1- .OQ .IA A0 -pp MOS006 .ter X90400001 46 0 of OA1[ 2/26/11 TAR TRIAL BALANCE REAL J,, ►AGI 316 HULIT IITECTIVE NEXT Poo" M7 AACCOUT I YEAR NAME NET TAR COO[ A PD-DATE TAX PAID PN PAID TAY OIII ►EK DA TOTAL MIE ACCOl1ir~ 90 4pp6p2~ ~y CsOA~LLLp~INHS,JWILLIAM C 360. YNN061N I m; 00. +p 11* p t36 S0b . I/l. rwww« t ,0000-- ~90100b04"Id"fFORCE 00 06 •00. e99p0~4p0p0660 66 EMMEEiERSw[HRMEIgINEN C 465.3 M 1ti 1 536:13' .00 190 1 IEYEAETT, JAMES M Jv0 O6 rNNr1M01 ,Op AO 9C 6 4IOIRMAN, SAM JR 1 6 0 YNNNNNN 116. 3401 ~60 ] S CSKd~A~QI.• ......................l 94 .00 TH 1 i..} ..l2[il.. -is I 11 ONi, OMAS A. . YNNNNNM •1 J 1 3S0 tt b TIPTErtON, DON A. 944,4 YN6MMIN 1 / 941. 11 414.4 1 13 POEN04EIT[I[I0IJEIEIRY 99444.49 T vw*oww YNNNNNNN 1 1sl 1 .00 1p~..44 ,sq ' 0t r ..Ia7[ee CIf1H1E4EL41-1 S.f9' f ; r+5...... ~ 11 LSERO~1 tlILIAM 11p~ T SS ~ 1 EK MELVIN [ 94 Ss 1. 11 rW*##" 1 OLS 9%ist:th 90 1 JE11[3 .00 SON 110 SAV1K0 LOAN 945.46 Y N NN" 1X111; 915: ' s 945.46- .00 94S.tb- _ + p9qQp04~4pp00Q06~~226 N1La0N, CHARLES . 9040042 46 IECRMOEJ~` JERAY 94 .46 YNM/NI J 094FS.46 yw"m tQJ 099p441 146-~- 14QlOQ42S..k._IEiKi.l+YlES.l 6W.1 NyM ..ti111....4S ~lr . 11906 16 ►Arft, e IN ORAKANT / 9`6:16 045 00 14 rArrl. ANDRARANr 1 10"0N1 I'M .46- 9S 00 .00 00 .oo 401. MNEMQ11'191.1................ pill -......:.1 ..0 cawTlio K a.19 f i • IIf~P....8#: 90400629 IOUA h[X INC. : .88 t I 90 30 POINDIRTER, JIRAY 6Q VNI10"impt YN NNNMN X01. 54. 6 ~ 606 SI L 9Q90001931MAI, ►OINOtRTIP, JERRY YNKMNNI 1 Iy~ssy~pp11 ~O6(QQ~6¢A' POIND[RT[AJERRY Y ~7T 606 ....2 90x M34 GOODMAN4' 12NH2. , ' JON 0. 601.21 YNNONI 0- $4 2Cd:3~ ! 190400635 16 "1"(41440 JERRY r 090400635 14 POINDEXTER, JERRY P S P momm I2131 S2 QQ .00 311., 00- 20 ,pp N. 11,03 ....................Qp....................:..................................eciaual.locll..i:. 1 GPEASSOCIATES KII, ►IIOPEITI[S 24;}}9:t4 1Y N {S 21,701.14 2,111. 26 464,1 I coge~79 GRIAIII ►A0PlAfllS 4, 1. YNNNIHMf ~IJV 4q591,. , 4Gy(J041Q....LMJS1,.Wf.B Ywwww Q ~gpypp6 /905006 ..CM!!lM1l ...............YW.......s.......... 9040(161001(p~ I rNOKPSON ►AOrEATI 1 pp 1I fmwtON ►ROPENTUS 151:0~ YWII6JNIC 12129 111.31• 354:00 •3..52 416.St 00 ACCOU~i ToTAl 4N SS2 lilt t+,rk..... 4.... Sts:.. ..sl. S10:r2' 4 ae /90400644 66 AAloti; RAYMOND 1 1 64 41 r pp pp I,I4e,t la.tl 2,Ot2.r0 090400614 If AWIr, RAYMOND l 161 63 10120 1,621,61• 141:11• :M •0600 r ACCOUNT rblk 20012. 1 1 F Ill ]]dill r i I s 1 1 I i A i N I CITY COUNCIL REPORT FORMAT Q,~. TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, city '14nager SUBJECT: Approval of a tax refund f;- ^r & Loan/First Gibraltar Mortgage Corp~n Federal Saving RECOMMENDATION: The Tax Technician has determined that a tax refund should be issued, SUMMARY: I TC apt~er 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 First Gibraltar Mortg, Corp, has requested a refund in the amount of $ 945.46, due to duplicate tax payments on Account N 8904-00619. BACKGROUND: ' First Gibraltar Mortg. Corp, made nt ym December 11, 1986 amount of $ 945.46, then they made another a ent in the also in the amount of $ 945.46. Tax records Indicate December 31, 1986, $ 1,890.92, against a tax base of $ 945.46. A tax refundmistdue. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the Tax Account of Jefferson Federal Saving & Loan FISCAL IMPACT: i $ 945.46 r~ 4 R EC/TFF LL UBM D; v oy arre ity Manager Prepared by., ~Name nic Schneider Title Tax Technician Approved: am Mercer Title Controller 1633C/3 I ' I N I Stato Prog" Toy Ill APPLICATION FOR TAX REFUND 11t6fundAppilcatl06 31.11(1187) Collecting Office Name. -fit! 14v 8 1~~ ~r ~n " Td r 0 ~ Collecting Tax For. r' LIF eJo. u'h r ` f axing nits) Address City, State, Zip Code - In order to apply for a tax refund, the following information must be provided by the taxpayer. 10ENTIFICAT10,q F PROPERTY OWNER, Name: JJrr r ' zz 111c~ coo, Address: - Telsphons Number (if additional Information is needed): - - - 00 IDENTIFICATION OF PROPERTY: OescNpllon of Property: ,6 /C' ,±Id, go~ Age Address or Location of Property. Account Number of Property: 489V or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Yeer for Amount of t From Which Refund Vrhich Refund Date of the Amount of Tax Refund Is Requested Is Fequested Tax Payment Taxes Paid Requested L 19 l- //119 3~ t 2. 14 22-- &110 s s _ 3. 19 / 19 - s S Taxpayer's reason for refund (attach supporting documentation(: i'1.-a&e OC4 (7o ;a e_ _/C2 rrr 'fw.1 ae Orf /.;t or-G .7.f0/ •t ,4;1 d!G~_ 5e a f/dcA 0/ CX_S i 1 hereby apply for the refund of the aboveAsocribed taxes and certify that the Information I have given on this form Is true orr 61gnalure Date o Applltalon for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Off leer Date Signature of Presiding Of lcsr(s) of Taxing Date Unit(s) for refund applications over $500 Any PM""n who makes a fail" entry uw th" for"alne record shall be sulfed to one of the folovrlnl WaIOa; 1. ImPAae Gnl of not ma" than 10 years nor less thin 2 years and/or ■ fine a net more than 11,000 or bom such AM and Imprisonment 2, c"nflo~11In )al for a term up Is 1 year or a Ale net Is exceed 12,000 at both such One end Imprlw~1 se s"1 Iorth In Section 31,10, Ponal Code. AM NO 31 tr I SIQN AT nM X, FILL IN TIM DATE, TUN RETURN THIS FOES WITH COPIES OF TIT, FROND AND BACK OF 1 YOUR (ANcruID am, OR YOUR STAIM RECEIPT, 70; CITY OF DEMON - TAX DEPAMMENT, 215 E. 3 6 MMINNV, D arV, TEXAS 76201. s r i i ~lr,M1J ~~'~1Q~ e n° 11 r ~ 4 V. f u r j i I. AJO 1201 FIRST GIBRALTAR MORTGAGE CORP. ■ri~1i 49-9700 13 3 5 9 V.■ BANKOFAMERIU 4004 8ELn1NE. SvtiE 100 00123 59 NAD•Caoorn11Wk1 C.nw P.O. Box 110199 woo w. 7m O LI TDAf H1n4H1 LaI Mp.'~1, CN iiema 100,1 PATE r. AMOUNT g z Q.7 u f 12/Q4i'96 `'+►*•1,990.92 PAY MORTBAGE CORP. F1 0 s 2 DENTCN CITY TO . F nOlbrnur Mont' e 0 D44 R11ul nT Or &-~a,~4yC sd9US-~6~0 'VOID AFT«DODAY$ 1'1233591' 1:1 2 200066 11: 12358vi14sas", P'00001B9092,0 s GE ,11S Mx.IM.Y ` Ma> ~y _i1r/ .VIA , 1 P1 ?w _ 1 13 G~.:r. ti,~ I Mr ANY IAMt Ral s r Y . ANA d AMERICA, NE A $A . !AN RRAA,alM CA « je 31 I[ { i i Irr i I i ILA I ' i II` t I f J r ' 690400590 a fLEYLNAlt(IN ORG[ O JA • • ~..r. ~w•'~~~ " - ,yy 190100600 HOAR, EEN R 360.00 00 VwNNNNMM YNN "a 1A 1i% i 1 ~ Ao .00 .00 810400601 16 DATE 2/11!16 ACCOUNT 1 YEAR NAME TAR TAIAL IALANCE REAL y,. PAGE !70 PfNAt 11 f//ECIIYE NEXT NprfN NET TAR COOS A "AU TAR PAID PEN PA10 IAN K* PER DOE TOTAL SIX KC Ai 190 1 COLLINS, WILLIAM C YN111111r 11111 Op. 190 2 I6 SHRATI JOHN L YNNIf1111 1/31 360.00• 0111' Ta ilLlm...._.......---. 90100605 i6 - WIMtE,, 6REIGFIEN C 165. 1NNNNNNN 12/ e9olaoeoe b WHEELER vINMr $36' ra1►wa 12/31 Ss6. LIVEREr 165:1 : S1 B l f, JAMES M ,pp 9C 61DEAFOAN, SAM JR ?4.0 YNNNNNFN 310 30 At 310.60 MO'Sm! 45 Q NNNNNAAI t!!0 I J6. 40 .......................1 I . . ..ll......~l. MOSOOe Y/. Sm, tH01AS A, 9~61 YNNN~ •1 / 1 PI2: Ise 1S. Tp 1 DON A. 911.11 YNN 1 1 1 411.1 S b $POOVIGuINOms N CECIL 911.1 YN11"" 11/111 I 'l 1 4G/.1 } ' Ii lc4 WWII. 4.49 .~`tVNWNM t //T 1 4L~./ 1 f9NDR JILL AM p~ 9< 9/S. rNNNIW161 I } 1 JFFFf ON ft0 SAYING 1--- m- LOAN yNNNNIII Y - i . 1 WILSON, CHARLES 2T 94S 16 YNIIIPM 1 I S`/6- Kf:u'..•. 4(S;6i: YILrON CHARLES :16 1 10000/01 1 ! 9/ , ~tLKD[JAMEI TERRY W91 ./6 YMIINIII 9/./ SK,. MIA TNNIIIIII T! 1 ~4•• y~000 1E IS!Q6V44ii.. ~ .15 .tiO..IMY!llltl..liiiiiC 1.....9~l~'S0- • .............../e.$4......12, . 410/00426 I6 PATE, IM'ORAKAMT 1 %5.46 Tom~ 1130 46 V0Ot0000Odd2tA i/ PAT[L, ANDAAKANT 1 %5 /6.95 ~yOpt TAL K lOOS006 a fa3f~kEfP''I~ut.~..._........ y~ ` /gyp Accaull To 9 10629 FOUR OLIN, INC. pill --m- fb4 ' "p l: eeeele9o - ro[NDERrtR, JtRRr v: YN 101 51. 6 - 904 6jj11 (PPOINNDyIi1E14yL~'JERRY Y , /~}Q 606 Q~OQ S ,Qp00 I 33 GO08AAA, ]ONJFA i 3< OOOOwIN, JON O. 6of.11 .•••,.•.•.....POINOERIER, JERRJERRY • 6Y0 A9~0 00 ~S el POINO[tiER, Y ► S84 •2~ Y~~1 I2/31 Se/ 0p ~ ,p9Sp ys~. S0p6 . ..,........."..1SS41hI R I14feL......li.l 1105006 tf,yypp7,11 TMMIIIJV 2/,501,1/ ?,111, 26,/x1.21 J) LAORIA1(A IOU,'s INTHWIST PROPERrIES 9,159,60 IN s"m S4•~ppp we . 170 39 NEYFRWYUrII lT FAOP[RT1Ef 40591.e~~e I ~l 16- 12a5`0 ..0"liAtA...... 0..llrmJr~1. . w'0S6" egqpQ , a1pQ4~i hRAAPSON ►R„PIAIUS Ie r pp •pQpQ I k $9010U61i fm0wtON PROPEATI(S lSI:00 TNIPI/WY 12129 111.31• :00 !'./:00 •5 52 /N.St 000 ACLOrMT f01K 1111 t 1 .h..$ A,$411,111,14m,(Loe......3~3:b?..~ ..t1nt.....~ti4.~ ~Q....~I ~q . ..1 5 f +190 006c4 16 A80071; AAf"O L I,&, YNN:00001 •pppp `S?! ••!►6 SOlkr 191 0ih// s A8901 to RAYMOND L 16:65 10/20 !,622,61+ 311:11• t,~e./t 166.pp16 1,012..p600 AC("T 10pp1AL i 012.60 i I i 1 i j t i, J, ~jjljlj,jj~-jlj 1 - ~ Ir 0923L tlU. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest' responsible bids: BID NUMBER CONTRACTOR AMOUNT 9901 TREES, INC. $1340950_00 Oa_4_q_ ATKI.NS RROTHFRS FOUIPMRNT CaHkk Y Z9=917.12 i SECTION 11. That the acceptance and approval of the above competitive bids 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 specified in the Notice to Bidders including the timely execution of a written contract and I f purchase the materials, equipment, supplies or services in _ ` accordance with the terms, specifications, standards quantities II and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, M approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _ day of 1986. I _ h R Y~fiEFI S, MAYOR CITY OF DENTON, TEXAS ATTEST: .1 , CHATt U b ALEENO CITY SECRETARY I CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORA: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: " PAGE TWO - I N k DATE: NOVEMBER 1, 1988 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 9901 TREE TRIMMING FOR ELECTRIC LINES RECOMMENDATION s We recommend this bid be awarded to the lowest bidder, Trees, Inc, Amount of contract not to exceed $134,950.00, SUMMARYs II This bid is for the annual service cE trimming trees in and around overhead electric power easements. The price is per foot and the easements are classified as open, an area that can be worked from a bucket truck, closed, an area where hand climbing is required and combination which is self explanatory. This service will provide a four (4) foot clearance around the designated power lines. BACKGROUNDS Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs i i Electric Distribution Overhead Services FISCAL IMPACTS 1988/89 Budget Funds, Account #610-080-0250-8338 Respect lly submitteds f :V y Lloy . Harrell City Manager i Pre ared b mes n J. Marshall it1es Purchasing Agent AAtov 4 aohn J. MarshaI Purchasing Agent bid9901.doc k 4 I + i ~ 3 li t I # I # 1 I BID D 9901 1 1 1 1 1 ' I BID TITLE TREE TR[MM1N6 fOR ELECTAIC DEPT.I I I I 1 j I 6ARDELON'S I TREES+ INC. 1 ASPLUNDH 1 HORTON i OPENED SEPTEMBER 27+ 1468 i TREE SURGERY # 1 TREE EXPERTS I TREE SERVILE 1 I I I I I - - ACCOUNT D b10-DAO-0252-8338 1 1 I I I I.............. I-------------- I-------------- --------•..J 1 1 ] I I i I i 4 1 DTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I ~ IIITk - I- I I---I I I-------------- I A 1 IDPEN EASEMENT 1 .05 1 b0 I 1.IC 1 .95 1 0 I ICLOSED EASEMENT 1 1.30 1 1.25 1 1.35 1 1.65 1 s C I ;COMBINED OWE 1 2.15 1 1.05 1 1.20 1 1.40 # s D 1 ]TRIM BELOW TELEPHONE LINE I 1.04 1 .20 1 1.60 1 1.65 1 ~ I I I I I I 1 I I I 1 I 1 I 1 I ] T I + 1 # 1 I 1 I I i I I I I 1 I I T i I I I ] 1 1 I I I I i i y I I I I i I I 1 T I ~ 1 1 1 I 1 i I 1 ` I I ] I I I I r 1 I I # 1 I 1 ~ '3 I I I I I 1 # a i I I I I 1 I I ' I 1 # I I I 1 I i I I 1 I I I 1 + I I ] I I 1 I 1 # I i ~ I I I 1 1 I I I f 1 I I I I I 1 i I I I I ~ k r r ~ rf r I i i ' s r r i , ~i V' i ,a 1~ W ~l 1 E DATE: NOVEMBER 1, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: BIDB 9899 LOOP 288 SANITARY SEWER CROSSING FOR STUART ROAD RECD' MENDATIONt We recommend this bid be awarded to the low bidder Atkins Brothers Equipment Company of Grand Prairie, -Texas for the total amount of $29,917.12. SUMMARY: This bid was advertised and sent to our listed vendors for this type project. We sent out about 25 invitations to pick up plans and specifications. We received five bids as shown on the tabulation sheet from a high of $48,071,00 to the low of $290917.12, with two bids in the $30,000.00 range. BACKGROUNDt Tabulation Sheet, Memo Jerry Clark and Utility Agenda j Approval I PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDt Extension of Loop 288, Utilities and Public Works Departments, FISCAL IMPACT: There is no additional impact on the General Fund, RespectE y/s/ubmitted: Lloyd V. Harrell City Manager Pre ared_ b t 1Aa1n6,j.1q6Kh-J. Marshall itle: Purchasing Agent p e > am : J h J. Marshal ~Titl a Purchasing Agent bid9899.doc i I I x 1 1 I l III 1 4844 I I i l 1 1 I I I 1 - ASON I HN BU0.NS I M.E. NICKS I A7NINS BROS. I AVATINS N CO. 1C 1 DCOMPOMPANY 1 BID TIriE LOOP 288 5.5. CROSS.NB STUART RQi JO EH IPMENT iEYCYAilN ICONSIRUCIION IUTILITY CUNT I - - - DPENEI SEP1£MBER 27, 1988 I COMPANY 1 INC. PIANO COMPANY INC. I i I 1 I I I I I I I I I I ACCOUMI 1 j ° I ~ ' ~I 1 $ I PTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR. 1 VENDOR I r .......I- - - I-------------------------------- 1.............. 1.............. 1--------------I-------------- I•-.--------- -1 I 1 I l I I I i I I I LI ITOTAL PROJECI 1 $44,063.00 1 $17,388.18 1 $29,917.12 1 $11,071.00 1 $30,803.00 1 f 1 1 1 1 1 1 1 1 1 1 iBID BOND I YES I YES I YES I YES I YES I I I I I I I I I I I I I I I 1 ! = I I I I 1 I I I 1 1 i I I I I I I I I I 1 I I i I 1 1 S I I I 1 I I I I 1 I i , I I I I I I I I I I I I I I I i i f I 1 I I I i I I I ~ I 1 I 1 I I 1 i 1 = s I I I I I I 1 I I 1 I I T } I I I I I I 1 I 1 I I I I I I ~ 1l, I I I I I 1 I t 1 i 'i 1 I I I I 1 = 1 I I I I I ~I I I I i I 1 I I I I I 1 I I I s 1 I I I I 1 I I I 1 1 I I t I I 1. 1 i I I I I 1 f October 19, 1988 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: k. E. Nelson, Executive Director of Utilities SUBJ: CONSIDER BID OPENING 19899-LOOP 288 SEWER CROSSING FOR STUART ROAD SUMMARY: The water/wastewater Engineering Division and the Public Works Engineering Division recommend approval of Bid Opening 19899, and award of bid to the Lrwest qualified bidder, Atkins Bros. Equipment Co., Inc., in the amount of $29,917,12, SUMMARY Bids were opened September 22, 1988, Results are shown on Exhibit I. BACKGROUND To accommodate the State Highway Department In extending Loop 188 from Stuart Rd., to I-35, an existing sanitary sewer force main was extended and encased to meet the proposed grades. This project will complete the encasements for this section of the f Loop. Water main casings were bid and awarded earlier and should be complete by the end of October. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Public Works, Adkins 4 Bros., and the citizens, i I, 6088U:12 FISCAL IMPACT FY 88 CIP Bond Funds- $37,000.00 Replace Sewer Line Street Program $29,917.12 Contract Amount Balance Available for FY 88 $ 7,082,88 Source of Funds: 624-008-0471-9114- Sewer Collection Bonds Respectfully submitted, e son, xecut ve rector Department of Utilities Prepared: l Renee a er, ng neer ng ssoc ate Approved: C. David Ham, P.E. irecto Water/Wastewater Divisionsr Exhibit I Bid Summary II Engineering Recommendation i III Project Locrt~on r 1 I I i 6086U:13 } 110 OPENING 19899 SEPT 27, 1988 1110 SUMMARY LOOP 288 SANITARY SEWER CROSSING AT STUART ROAD ITEM CONTRACTOR/ 310 NO. OFFICE AMOUNT IOND DAYS I Jahn Burns 111,083.00 yet 1 Const. Co. Dallas 2 M. E. Ricks 1111358.18 yes 1 EAuipt, Co., Inc. Plano 3 Atilas Bros. 129,911.12 yes 1 Utility Contractors, Inc. 1 TsrbucsA 9I1,071.00 yes + Eecaratlns Ca. Lewisville 5 Dickerson 110.303.00 yes Const., Inc. Denton t 'r l . j I i November 1, 1988 CITY COUNCIL AGENDA ITEM TO: MAYOR AND KEJMBERS OF THE CITY CCLJJCIL FROM- Lloyd Harrell, City Manager SL1BJ: OCNSIOER WDINANCE FOR BID OPENING #9899-LOOP 288 SEWER CROSSING FOR STUART ROAD RECOWEiDATICN: The Public Utilities Board, at their meeting of October 19, 19880 recommended to the City Council approval of Bid Opening #9899, and award of bid to the lowest qualified bidder, Atkins Bros. Equipment Company Inc.$ in the amount of $29,917.12. SLMv1ARY Bid-. were opened September 22, 1988. Results are shown on Exhibit Ii. To accommodate the State Highway Department In extending Loop 288 from, Stuart Rd., to I-35, an existing sanitary sewer force main was extended and encased to meet the proposed grades. This project will complete the encasements for this section of 1 the Loop. Water main caoings were bid and awarded earlier and I should be complete by the end of October. ' PROC;RAMS, DEPARTNENTS OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Public Works, ; Adkins Bros., and the citizens. FISCAL IWACT FY 88 C1P Bond Funds- Replace Sewer Line Street Program $370000.00 Contract Amount $291_917_12 II' Balance Available for FY 68 $ 79082.88 Source of Funds: 624-008-0471-9114 Sewer Collection Bonds Respectfully submitted, L1- - agar Pre aced/Approve bye R. E. Nets n, Executive Director Department of Utilities Exhibit I Ordinance III Engineering Recommendation 11 Bid Sumnary 1V Project Location V PUB Minutes of October 190 1988 ' 612OUs5 V s BID OPENINS 19899 SEPT 22, 1968 BID SUMMARY r LDOP 288 SANITARY SENER CROSSING AT STUART ROAD ]TEN CONTRACTOR! BID NO. OFFICE AMOUNT BOND DAYS i hm turns 144,067.00 YtS 7 Const. Co. Dallas 2 N. E. Nicks 147,388.18 Yes 7 ERulpt. Co., Inc. Plano 3 Atkins grog. 129,917.12 Yes 7 utility contractors, Inc. S. P. T. 4 Terbucsn 148011.00 yes ? EecivitinB Co. 3 le.isvllle D Dic+tmon 130'903.0O yes ° f COnit.? Inc. Den ton { . i L XHIBIT i J RECEIVED OCT 1 1 NO CJTYOf CENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566 8200 MEMORANDUM DATE: October 10, 1968 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Bid No. 9699 - Stuart Road Force Main The Engineering Division has evaluated the bids submitted by Atkins Brothers Construction for the project. The bids seem to be reasonable but not exceptionally good. However, due to the urgency of this project, we recommend that the low bid of $29,917.12 be awarded to Atkins Brothers Construction. Please schedule this for your next Public Utility Board meeting to enable us to get the final element of utility relocation for Loop 286 project from Sherman to 135 out of the way. The State can then complete their work at the earliest possible date. Ctn.-~- Te l y a r 0596E } EXHIBIT F ti i E f G !i 5 1 i f i V E Ir i PROJECT LOCATION F ' SIM O © YIILLAN JL; oa r s R c ~ ORI~} iN wlrAS ~v1 C Ake I~I UlI r W410M Ll" Amj EIE Mai EEIEF Hwr, sw Q~❑E k 'W -now- nvpr~ EXCOiPT PUBLIC UTILITIES BOARD MINJTES October 19, 1988 4. CCIJSENT A ;ENDA. a. Change Order No. 1, Pembrook 8" VYater Line in the Amount of $2,733.00. b. Final Payment to Hasty Fowler for the Completion of Pembrook Street 8" Water Line In the Amount of $11,681.30. C. Final Payment to Don L. Owens, Painting Contractore, Inc., for Peach Street Interior Painting in the amount of $16,347. d. Old 09899, Loop 288 Sewer Crossing for Stuart Road to Atkins Oros. Equipment Co., In the amount of $29,917.12. 11otiun Vote LeForte moved approval of the Consent Agenda as recommended by Staff. Second by Chew. All ayes, no nays, motion carried. i I } y i is i r l i i 6120Us7 EXHIBIT..,... G 1 ' I w IJJi 1 I i i i {i { i I 7 -L -1 A t '0923L 1 No. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCIIASFS FROM REQUIREMENTS OF COMPETITIVE SIDS; AND PROVIDING FOR AN EIFECTIVE DATE. WIIEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is nece;;sary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 ~f the City Charter requires that li every act of the council pro,lding for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF T11E CITY OF DENTON HEREBY ORDAINS: i i SECTION I. I~ That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to ! appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason 4 thereof, the following emergency purchases of materials, fl equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 104018 MOTOROLA COMMUNICATIOU 1107.335.30_ Tbb BOUND TO STAY BOUND BOOKS S 11.200.19 INC. ~7 BOOTH AND NE{iSOM # 14.393.28 I i SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore In the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1986. RAY STEPI E , MAYOR CITY OF DENTON, TEXAS ATTEST: j i i CHARLOTTE ALLEN CITY CITY OF DENTON,,TEXAS SECRETARY j i APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOV1TC11, CITY ATTORNEY i CITY OF DENTON, TEXAS f BY: f t I PAGE Two r DATE: NOVEMBER 1, 1988 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECT: REQUEST NUMBER 107012 - MOTOROLA COMMUNICATIONS RECOMMENDATION: We recommend this Request in the amount of $107,335.30 be approved and a Purchase Order released to Motorola Communications. SUMMARY: This request is for the purchase of the mobile radios necessary to convert the Electric Distribution Department to 800 MHz system. This expenditure is a portion of the approved C.I.P. for conversion of the entire Utility Department. The prices are based on an equipment price list submitted with the original proposal for the 800 MHz system. BACKGROUNDS Request 107012, Motorola Quote of 10/14/88 PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs 800 MHz Communication System, Electric Distribution FISCr,L IMPACTS 1988/89 Budget Funds:, Account 0610-080-0252-9227 Respec lly su i teds i Lloy V. Harrell City Manager Prepared b s a~nes .3 n J. Marshall Titles Purchasing Agent jp rovZJhn m s J. Marshal r~ itl'ds Purchasing Agent R0107012.doc 1L MOTOROLA Communications and E/ectraonfcs Inc. 1301 E. ALGONQUIN ROAD. SCHAUMBURG, ILL. 60198 COST AND EQUIPMENT REQUIREMENTS PREPARED FORI Denton City of 901 Texas Street Denton, Texas 76201 10-14-8B - ° 44@IWDw"Byrd-tonmunications Division QTY. OE SC RI P T I ON UNIT PRICE EXTENDED PRICES 2- 0 7 075H DISPLAY d 7 fi99ST STX Portable Radio J00 7 H288 15 Subfleets - - - 2. 0- _ _ 2. 'r dimited ca Pr vate call alert 8, 0 emergency a ert / -w- I 1I-108 omttPD1 eb. h*"4wit zvm '4'- venntionai - - 7 NLN 011 Ra id Charggrs 1 NMN 04 mic 3 25JPA5170 N -1645 00- 5085 ' 3 -GO- 31A4-swivel cases- - - 9. 0- 4~CZait~ipole_antenna!s -8-100- =74. -00-- 00- Y §33 RaR1~C113ryer9 - _ _ -95 _D _285. 0- 40 D35KKASG26-K MOSTAR MOBILE RAD10 - - 2880 00 752~gL - 4 8306 i5 subf~ eets - 185. 0 -7400. 00 an - - 3- -152. -5 -40- - -5. 27fi _ _B , areO rgencyyanit -25. 0 -1000. 00 _ IXiENOEO _ TOTAL i . INSTALLATION AND MAINTENANCE---v____- f~ The City of Denton's S -will install the above equ Pment w (fn t ie ET_C_tr c'bistribution Fleet. - rEMARKS$ [%TlHpEO I TOTAL $ 107,335 30 SALENUSE - TAX Standard net 30 DAYS - •RICES QUOTED ARE F,O,S. CHICAGO ILL. QUOTATION GOOD FOR -10-DAYS. )ELIVERYt SHIPMENT FROMCHICADOIN APPRO%. 60 DAYS FROM RECEIPT OF CRDER. DOTAL $ 107,335 30 - QUOTATION PREPARED 0Yr JAMES RAY MANIC)6 LA_C PIfYr aATEt 20-14-88 ROLA C6E I n. EI STlarn CUSTOMER COPY P.O. REQUEST FOR PURCHASE CITY OF DENTON DATE: - e ~ REQUESTN 107012 Ea+p Enpawip. wdor Cod. Aequ.~Nd M Away m~:~ ~ Authorized $ignafu A o W'~ I~gw.la Phase lirr AW" oVarimsm Adi,Oy Objed lob No Apt. TOTAL L'+r ev lee NO, I IC DAY YA MDi d YR 1 1 1C'Zz,f Jr 1 1 ^ O ~ y~pdro t ! s w BUDGET TOTAL 1 oumfly Uar Camnody cad. Wnda catda9 No. IkJr cow whA CoA ~nq71TLE, RA AEtl. 01000.E ~ gO , _ p$ i g33S, 34 WH" awd-i6V Caps . r YELLOW •A.dN"f-a t» nMrwd WAS PO; PAGE TOTAL ~ MUST AGREP WRM 6UDGET TOTAL YMf •Aegowliow', copy CITY of DENTON, TEXAS PURCHASING DIVISION 901-B TEXAS STREET / DENTON, TEXAS 76201 October 12, 1988 James Mantos Motorola Communications 3320 Belt Line Road Dallas, Texas 75234 Dear Jims The attached request has been submitted to our office for - purchase. We will need City Council approval to proceed. I need a confirming quotation indicating price, model numbers and availability as soon as possible. Please send this information to my attention. j Sincerely, a ~ i 1 Tom D. Shaw, C.P.M. 4 Assistant Purchasing Agent TDS/cj F MANTOS.DOC { Attachment f M r i 8 1 7/566 831 1 D/FW METRO 2670042 I 5 U CITY oIDENTON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE(8?7)566.8200 hQh1oRAWDIM ~i TO: Bob Nelson, Executive Director of Utilities FROM: Ernie Tullos, Director of Electric Utilities v DATE: October 25, 1988 SUBJECT: 800 MHz Radio System In the 1988-89 Fiscal year, we are changing all the electric system to the 800 Mkiz frequency, In the approved C.I.P, the following amounts were approved: Att.ched Project 1 Department Requisitions 89-EP-6 - 20,000 0251 15,879,20 89-ED-11 - 1200000 0252 89-C-3 - 36,000 0253 349909.93 89-EM-2 - 200000 0250 8,444.45 The attached requisitions are for the Administration, Production, and j Metering/Substation divisions and are all below the approved amounts, j The Distribution division purchase request was forwarded earlier in the amount of $107,335.30, which is below the criginal approved amount in the C.I.P. The total amount of communication equipment is $166,568.58. There will be a few additional units purchased for new vehicles when their delivery is known. It is recommended that the attached purchase requisitions 1107041, 2, 3, and 4 to Motoroia be approved. EBr:tn 2EBT102588274 Attachments CITYoIDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620) / TELEPHONE(817)$66.8200 MEMORANDUM TO: Ernie Tullcs, Director of Electric Utilities FROM: Don Byrd, Foreman, Substations and Communications DATE; October 24, 1988 SUBJECT: 800 MHz Radio - Electric Utilities The following requisitions are bring submitted for approval which will allow all Electric Utility Depsttments to access the 800 MHz System: 1. Electric Administration - $ 3,424.25 2. Electric Engineering - 5,020.20 3. Electric Production - 15,879.20 4. Electric Distribution - 107,335.30 ' 5. Electric Metering/Substations - 34.909.93 Total :166,568.88 Respectfully, ' s Don Byrd, Forem Substations and Communications DBstn 2RDW1024882I8 r Attachments i DATE: NOVEMBER 1, 1985 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SIIBJE'-T: REQUEST NUMBER 108108 BOUND TO STAY BOUND BOOKS, INC. RECOMMENDATION: We recommend this Request be approved in the amount of $11,200.19 to Bound to Stay Bound Books, Inc. SUMMARYt This Request le for the purchase of Books, Order Slips and Kits for the "Outreach Project". This Project is a service of the Denton Public Library and will be headquartered at the Martin Luther King, Jr. Recreation Center. BACKGROUND: Request 108108 PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Library FISCAL IMPACT: 1988/89 Funds From Library Grant From Texas State Library 4tMlanna fully submitted: Ha r ger Prerpe ry e=d~by: /~rame~Jo n J. Marshall C Title: Purchasing Agent *tl ed: John J. Marshal Tiet Purchasing Agent rg103108.doc f I i I V RIQU/ST FOR PURCHASI POO. # CITY OF DENTON DATE REOUEST M 108108 k'p°^'b'' one w~ev Code ~ ~ , ` eep,{«tad ar x ~uC rlOfuro z Cathie Iric tod w ee~.yaer; Pagmkr MWO Line n e Asap AeN iy ;w , rLa ca}; rota W. /4 003 LI02 0001 09 f Bound to StAY Bound books' Inc 8522 N0 12k/'44 Dewar SQ fMl! E. W da AddM1 mp By ' Mn pAr ra ea ar r. West Norton Road ° --i• L SNP 70 Jacksonville, IL 62650-2497 Denton Public Library_ 3 r 502 Oakland r. e I ` 1 t a B TT ALP. l P C gr lk:f Co w*spy Cede Vadw Catalog Na. LM Coo Total Cat In Ace. 1 1,119 ea 71510 11 200.19 Books for "Outreach Pro ect" u order 1 6 kits as indicated, order Uf18__- _ 1 1 ,6J , h IY ' WItifE •hrl+-'ve Ca;1 IAO! iCttAl ► f, . • "t AORES VAN %QWT TOTAI "yl. 11, 2Ob i 1~ . YILLOW .Md,ing (nS be iek"W 0% P-01 AM Ae,,,W%wti C" V DATE$ NOVEMBER 1, 1988 CITY COUNCIL REPORT ` TOt Mayor and Members of the City Council ` FROMs Lloyd V. Harrell, City Manager I SUBJECTi PURCHASE ORDER 87057 TO BOOTH AND NEWSOM RRCOMMENDATIONi We recommend this Purchase Order to Booth and Newsom be approved in the amount of $14,393.28. SUMMARYi This Purchase Order is for legal services regarding nonconsumptive Water Rights Permit for Lake Lewisville and Ray Roberts Hydro Electric Project. These professional services are not required to be a part of the bid process. BACKJROtNDi Purchase Order 87057, Memo Dated October 191 1988 PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDt Utility Administration FISCAL IMPACTi 1988/89 Budget Funds Account #620-081-0450-8502 Reap £u11y routtedt Lloy V. Harrell City Manager Prepared byt N~pinal o Mare all tlet Purchasing Agent Approvedt rti hn J. Mars a l itle Purchasing Agent po87057.doc CITYOf DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM l 709 John Marshall, Purchasing Agent FROMI R. E. Nelson, Executive Director of Utilities DATEr October 19, 1981 REt Legal Services for the Lewisville Hydroelectric Project PO 087057 In March 19884 Debra Drayovitch and I requested Frank Booth, of the legal firm Booth R Newsom, to research the Law regarding the necessity to secure a non-consumptive water right for Denton's proposed Lewisville Hydroelectric Project. The legal fee of 19,393.28 is Frank Booth's fee for that research and subsequent opinion. This fee is a 1988 expense. As a result of recent negotiations with the City of Dallas, Denton has agreed to secure this non-con,rumptive water rights legal fees s and filing fees for securing this permit. The purchase order request of 15,000 is for payment of such legal fees. This is a 1989 expense. Time is of the utmost essence in this matter. Please expedite as I much as possible, If you need further information, please call I Debra, V r~ E• Ne1so , Executive Director Department of Utilities kkn 6C•78Ut28 r I w CITY OF DENT ON, , T TEXAS DENTON.TX?6201 901-BTEMSSTREET T Npp DOCUMENT NO• c1e ER D EP.O.NUMS ft(IOSOODO n ^TT AT ION Whip" CONFIRM TInm ONLY 3DOTSAN JACINTn w WING LU~~1 H 111 DO NOT DUPLICATE 4TH AND SAN JACIN':n AOSTINs T% 7R701-2b54 REVISED f ISED 7 SSNT 10-Ai-89 n 4 n M a7 57 LINEAMOU r 0128CRIPTION BIO NO. e UNITSNUMBER 159000.00 ITEM ACCOUNT NUMBER 1 ..12V LEGAL SFRVICFS RFGAPr)!NG OI 620 001 0450 6502 NDNCONSUMPTIVF. MATFR RIGHTS LEWISV 02 620,081 0450 x502 PF:RHIT FOR LAKE 0 ELrCILLE t 23 620'081 0450 8502 RAY RORERTS HYDRO ELf4CTRiC g~3g3~2R '.IONAL SERVTCF.S 04 620.0 1 0450,8`50?. 1 96120 PROrESS 0450 8502 RFNnFpED THRU APRIL 30 1988 55 620'081 . 06 620.09, 0450 8502 REGAROIN3 WATER RIGHTS 07 620.08! 0450,8502 r 1i J l4~393.28 t NouuB111Nu.20. TOTAL FnR P.~• Thocity of Donlon, Texee Is tax exemp - Mlerenoe P.O. Number on elf B1L, Shlpmenla and invo!oes.~ _ shipments are F.O. B. city of Donlon, or ae Indlcated. By 011401 Inquiries T0: to.+d Involoa TO: John J. Muehall, 0. P. M. Purohae!np Agent city of Donlon, Aocounte Payable Tom D. Shaw, 0. P- M. As It, Purchaolnq Agent 216 E. MoKlnney SL, Denton, TX 16201 S111t166-6211 OlF N Metro 261-00,2 (or ae lnd1wled on Purohoee Order) The 011 y of Donton U an equal opportunity employer CITY OF DENTON, TEXAS 1`01-B TEXAS STREET PURCHASE ORDER DENTON, TX 76201 I L P. 0. NUMBER DpT IIV NO. DOCUMENT 87057 1454909 018 nnnso3oa VENDOR 031TH 1311 SAN ONLY SA JACINTO 9tH ANO JACINTn DO NOT DUPLICATE AUSTIN. TX 78701-2554 REVISE *o&MnTT a T111 P. nllPrjjArr nonce Sl ~,rt1 pnFS r .&je# 07057 SrNT 10-05-80 ITEM ACCOUNTNUMBER UNITSNUMBER DESCRIPTION BID NO. LINEAMOU 01 6'3 001 049;0 E1502 1 96120'LfGAL SF.RVIC.FS REGARDING 5.000600 32 620.081 0450 AS:2 NONCONSUMPTIVF MATER RIGHTS 33 6?0 081 04+0 8574 PERMIT FOR LAKE LEWISVILLE 6 34 820 001 0450.8502 RAY ROSERTS HYDRO ELECTRIC 35 620 081 0430 850? 1 96120;pPorESS10NAL SFPVTCFS 9r 393.29 )6 620 041 0450 85011 PF.NDFPED T1IRU APRIL 30.1988 07 620,081 0450:8502 REGARDING MATER RIGHTS i f i j 'I 1 TMCIIyofDonIon, TexssIslexsxempt-Houss8111No,20. TOTAL FOP r'.0. 140393.2tl Reference P.O. Number on all OIL, Shipments and Invoices. Shipments are F. 0. S.Cityof Donlon, ores indicated. gr _ 8e.id Invoices TO: Direct Inquiries TO. City of Donlon, Accounts Payable John J. Marshall, 0. P, M. Purch7Agont 218 E. McKinney 81., Denton, TX 78201 Tom D. Shaw, 0. P. M. Anat. Purchasing Agent (or u Indleated on Purchase Order) 8171888-8311 D1F'W Metro 287-0042 The Cl ty of Donlon is an equal opportunity employer 1 r r i 1 I i `ffr f j T I ii l i I I i 1 i~ clryofOENTON, rsXAS MUNICIPAL BUILDING / DEN T00, TEXAS 76201 TELEPHONE(817)556.8200 MEMORANDUM Dt.TE: July 11, 1988 TO: Citizens Traffic Safety Support Commission FROM: Jerry Clark, City Engineer SUBJECT: Creation of an alley policy Several complaints regardinQ alleys have come to our office In the last two to three months. We have done some research in this area with the major cities in the metro-plex. Those Cities are Carrollton, Garland, Ft. Worth and Dallas. I will try to list each city, the contact person and their general policies on how speeds and safety complaints are handled. 1. Carrollton - Susan Andreas - Phone No. 214-466-3000: They treat each request on a complaint basis as citizens call them in, In other words, they do not seen to have a set and strong alley way policy to establish rigid guidelines. 2, Garland - Rodney Rhoades - Phone No. 214.4y4.7100: They hays an ordinance that requires 10 mph maximum in alleys, The ordinance is Sections 26.26. They require speed limit signs on the entry way to each alley. There is no blanket treatment, each complaint is handled on per request basis. 3. Arlington - Jack Loggins - Phone No. 214.26S-3311: { r Arlington allows its traffic engineer to determine speed limits by gauging prudent and normal speed. Usually the speeds established In alleys are IS - 20 mph, 4, Ft. Worth - Pat Felucci - Phone No, 817.870.6000: Ft. Worth has no ordinances on alleys speeds and complaints of that nature# they let citizens work out problems that arise. • -R r CTSSC demo; Al leys page 2 5. Dallas - McGovern - Phone No, 214-670.3011: Dallas has a city ordinance that requires 15 mph maximum in all alleys. in general, the City of Denton needs to establish an alley ordinance to ,allow either a blanket ordinance to be created or to address each on a case by case basis. Our general feeling is that we should establish either a 10 - 15 mph maximum in alleys and post signs when complaints arise. This would give the option of reds, ing the cost of materials for this issue while providing necessary documentation for tickets as the police write them based on complaints from citizens. We also feel that it would help to receive some input on a policy that could be provjaed for private alleys and your thoughts on them to see how we could address citizens problems in these areas. The City of Denton has not encouraged alleys as we have so car to go on getting plkvement sections up into a proper operating condition. We do not wish to take on the maintenance of alleys also. Therefore, if the developer electei to use alleys, it would clearly show on the plats that those allc,•s were private. In the new regulations passed by the City Council, the alleys are allowed in special situations that provide positive or esthetic features to a development. We realize that this may be a great deal of information. We hope you could act on this issue in this traffic safety meeting but if additional information is needed, no action should be taken. Please call if you need further information - $66.8358, i er y CIYI~ok . enca appendix and new regulation on alleys 0573E r Y } i i CTSSC Memo July 27, 1966 page 2 ITEM IS F,ORDIINAK FOR AN ALLEY POLICY FOR THE CITY - SPEED f ; Staff h&j received many complaints from several citizens in different neighborhoods regarding excessive speeds on allcys. Presently, the City his no speed policy on alleys. In an effort to formulate ` a reasonable policy, staff has done some research on I what other area cities do. The results are presented in the attached memo from Jerry Clark, Ctty Engineer. Staff recommends approval for an ordinance for a maximum speed of 1S m. .h. on alleys and that signs to that effect be posted when citizens request them. MM 14 AMENDMENT OF SHERMAN DRIVE SPEED ORDINANCE: current speed 7rdinance on Sherman Drive provides for 0 m.p.h. speed limit from Bell Avenue to Brown btreec• 35 m.p,h. from Brown to Yorkshire Street; and SS m. frog Yorkshire to the City limits. This abrupt c ge from 3S m.p.h. to SS m.p.h. does net conform wi standard practice. The State Department of Highways nd Public Transportation recommends 5 m.p.h. incress or decrease between adjacent speed zones. A maxim of u; to 10 m,p.h, jump can be excused if it c be Justified by existing data. This situation ha resulted in several citizens calling and complain about the abrupt change. Also, the current ordin ce (No. 75.49) provides for an 800 ft„ 20 m.p.h. sc cal zone, and a 700 ft., 20 m.p.h. school zone at Min sor Drive and Kings kow, respectively. These two hool crossings are no longer necessary since the -zoning of the school district in 1967. Staff h checked with the principal of Strickland Junior gh and he estimates that between 2S and 50 student bike or walk to school from the other side of Shero n through hindsor Drive. An actual count by the staf on a school day between 2 P.M. and 4 p.m, reporte 11 total of ` pedestrians theeestimatepare drive mtoo and yfrom r school by their parents or relatives. M cover, the r signal currently being installed at the I tersection of Sherman and Windsor will provide ditional measure of safety at the Intersection. Staff also feels it is necessary to extend 30 ,p.h. from Bell Avenue past the curve at Piggly W sty instead of the 3S m.p,h, around that curve at the present. Therefore, staff recommends that Sher n Drive be zoned for speed as follows: 30 m.p,h, from Bell Avenue to Greenwood; 3S m,p.h. from Greenwood to Buckingham; i N I CTSSC Minutes August 1, 1988 I page 2 -Paul said the other change would be to po no parking on the north side of Wilson street om its intersection with Bradshaw to a point 290 . west of Bradshaw, and the east side of Brads from its intersection with Wilson to it;th rs tion with the east section of Prairie Street. John 'Tompkins asked if would mak e it inconvenien, for the residentul said there is onIy one e/hh t at a southeast corner of Prairie and Gue s can park on the west side of Bradre 11 be no inconvenience to the residentus s. Captain Dotthe ordinance would help the Police Depare the congestion and gathering in the areaid this would help move cars without invidents. It has been reported, that after comes on the area, residents are so~o S by those who have gathered there. Resident are crying out for help. STAFF RECOMMEN ION: Approval COM!'ISS10N S: John Erwin made a motion to approve staff recommendation. Bruce Chamberlain seconded the motion. Motion passed unanimously. ITEM 13 FORMULATION OF AN ALLEY POLICY FOR THE CITY - SPEED ORDINANCE FOR XLLEYS: Paul Iwuchukwu presented the request. He said this is another major problem that has occurred over the past three months. It started out with an alley around Azalea and Camelia Streets in the Laurel Hills subdivision area. Later several calls were received from the residents around Bowling Green and Georgetown. They are requesting that signs be put up .in their alleys. Paul said the major problem Is that most of these alloys are not dedicated. The City has little or no responsibility towards these alleys. Most of them are mainly ingress and egress easements and their design and construction methods do not conform with city standards. Therefore, the maintenance responsibility of these alleys still rests with the developer or property owners. Most of the time speed bumps are used to control speed on alleys. The reason why the City does not use speed bumps is that cities have been sued because of the problems ensuing from them. Very high damages have been awarded. i~ 4 ' C1SSC }Iinutes August 1, 1988 page 3 staff In an effort to formulate a reasonable policy, has done soma research on what other area cities do. The majority of them have a blanket ordinance that mandates alleys in the city to have a maximum speed of 10 mph or 15 mph. The City would be responsible _ for signing all dedicated alleys within the city limi!9. The City will install whatever signs recommended by the Commission. Private alleys will be the responsibility of the area residents. speed limit would still apply for private alleys but the City takes no responsibility for the maintenance or ,nstallation of signs on them. Mary Messier at 2216 Georgetown came forward end addressed tho Commission. She said she lives along a private allay. had to She agree asked if t~ speed limit they decided h with the Paul Iwuchukwu said that it w „yid no: exceed 1S mph nor be a number which is not divisible by S. Ms. Messier said she thought 15 mph was too fast because of fences, cars exiting their entrances, etc. Ms. Messier asked if they put the speed signs up, would the Police enforce them. Captain Dotson said it would be enforced if the City had an ordinance and signs were posted. David Graham asked if most of the people were residents o: people that pass through. Ms. Messier said there is a combination. Kids on mopeds, residents, etc. Vivian Edwards asked if private alleys would be covered under the 15 mph ordinance. Paul said yes. i STAFF RECOMMENDED: Approval COMMISSIONERS: John Tompkins made a motion to accept staff recommendation with the ordinance to read for botchnd pDedvthe motion.•tb Motionlpassed unanimously ITEM M4 AMENDMENT _OF_SHERMAN DRRIEW&lE~D OkDINANCEt nesaid eded t to July 17 He Paul street wnuchukwn the s CTSSC memo on request be ged to reflect Lynwood street instead of enwood. i 4 CTSSC MINUTES October 3, 1988 page 8 I Paul said the accident rate at this intersection is very high. Most of the accidents result from people trying to turn left off of University Drive onto Malone against opposing traffic when the green arrow is not on. Staff needs commission input on this matter. Doug Chadwick asked if turn lights could be placed on red when traffic is moving cast and west. ` John Erwin asked if lengthening the left turn lane lights would help. Paul said there seems to be more left turn movement accidents. Cars arriving late try to beat the green light. Commissioners asked that staff continue to monitor the Jight. e. Paul said the Legal Department drafted an ordinance for speed limit in alley ways. They advised staff that the City has no authority under the Texas Uniform Act Regulating Traffic on Higghways to regulate the speed of vehicles on prlv.te alleys. Therefore, the ordinance was written to apply only to public alleys, Doug Chadwick asked that staff notify the petitioner of the law. Meeting adjourned at 7:20 p,m. 0595E i f i i 2489L - NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-99 (a) OF CHAPTER 24 OF THE CODE OF ORDINANCES TO PROVIDE FOR A MAXIMLM SPEED LIMIT FOR PUBLIC ALLEYS; PROVIDING FOR A PENALTY OF NOT LESS THAN $1.00 AND NOT MORE THAN $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That section 24-99 (a) of Chapter 24 of the Code ofUrainaaces is amended to read as follows: (a) No person shall operate or drive any vehicle on any street within the city at a greater speed than thirty (30) miles per hour or on any public alley at a speed greater than fifteen (15) miles per hour, unless signs are erected designating another speed in accordance with this article. SECTION II. Any person who shall violate a provision of this ordnance, 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 less than $1.00 and not more than $200.00. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the, limits above. j SECTION III. That this ordinance shall become effective fourteen eye 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. i i -J i N PASSED AND APPROVED this the day of , 1988. UT-MPHENS MAYOR ATTEST: k JENNIFER j CITY SECRETARY v APPROVED AS TO LEGAL FOM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY P BY: (~dL~ M_ it j i i I t i i i w 1, 1 Igo I I t I I 1 i illy 1 I i DATE: October 20, 1988 ED CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council . i FROM: Lloyd V. Harrell, City Manager i SUBJECT: Adoption of an ordinance amending Chapter 5} (Cable Television) of the Code of Ordinances of the City. RECOMMENDATION: The Cable Television Advisory Board end staff recommend approval. SUMMARY: This ordinance contains amendments to the current Cable Television Chapter (51). These amendments are intended to bring Chapter Si into compliance with the 1984 Cable Communications Act and also provide for increased accountability by the cable operator through the assessment of liquidated damages if the operator does not comply with the ordinance requirements. BACKGROUND: E E i F The 1984 Cable Communications Act nullifies several provisions included in the original Cable Television ordinance including much of City's rate regulation II authority. The passage of the 1984 Act along with the current refranchisement process have made it necessary to amenA the current ordinance. E PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt i The cable subscriber will benefit from the inclusion of more stringent Consumer Service Standards. City staff will have increased authority to monitor cable operations and services. i E 1Jm10108895/1 f V I CITY COUNCIL REPORT FORMAT Page 2 t FISCAL IMPACT: Franchise fee revenues will increase from 3 percent of Sammons' annual gross receipts to 5 percent. Respect ully submitteJ, v Llo d V. Harrell i City Manager Prepared by: S YYI 00A Julia Moore Administrative Analyst I Approved by: ea, - Hill Angilb Director of Commun ty services ~ t i 1 r c i it ljm10208893/2 f I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXA576201 / TELEPHONE(817)566•8200 M E M O R A N D U :I i s S DATEt October 20, 1988 i TO: Bill Angelo, Director of Community Services ~ t FROM: Julia Mocrel'Administrative Analyst r REt SUMMARY OF ORDINANCE AMENDING CEPI TER 5j (CABLE TELEVISION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON Y In conjunction with the cable television refranchisement process, the Cable Television Adv1sory Board has reviewed and approved recommended amendments to Chapter 5) of the Code of Ordinances of the City of Denton. These amendments were developed with the assistance of CTIC and J` Associates in order to bring the Cable Television Ordinance into compli- ance with the 1984 Cable Communications Act and to update the ordinance 4 to reflect new technological and service standard developments. The following is a summary of the proposed changes to the ordinance. Section 56 - 2. Duration of franchise grant. i s ? The term of the franchise has been increased to 15 years (with j conditions as specified in the franchise agreement). * Section 5j - 10 (K). Cross revenues. The definition of gross fevenues has been broadened to allow the City to 201lect their franchise fee from all possible revenue sources. 1 i i } i. i ljm10218896/1 I I r i 4 SUMMARY OF ORDINANCE AMENDING CHAPTER 5} October 20, 1988 Page 2 f * Section 54 - 21. Procedure to consider renewal. The renewal procedures have been changed to reflect the exact wording specified In the 1984 Cable Communications Act. Section 51 - 31. Construction or Reconstruction; Extensions. i Provides for a density requirement to be met before the cable operator is required to extend service. Extension will be mandatory when there exists a density of 35 homes por street mile for aerial cable or 50 homes per street mile for under- gr,)und cable. In areas not meeting the requirements for mandatory extension of service, the cable operator will provide upon the request of five (5) or more potential sub- scribers desiring a service, an estimate to extend service. * Section 53 - 61. Security Deposit. Cable operator will be required to deposit with the finance director and maintain on deposit through the term of the franchise, the sum of S55,000 as security of credit with the City to insure the operators faithful performance of all provisions of Chapter 51 and the franchise agreement, 'i * Section 51 - 62. Liquidated Damages. Allows the City of Denton to assess liquidated damages for the j cable operator's non-compliance with Chapter 51 and the franchise agreement. The amount assessed will be drawn from the security deposit. t * Section 51 - 63. Construction Bond, Requires the cable operator to file a corporate surety bond in an amount established in the franchise agreement to guarantee the timely construction and/or reconstruction and full ac- tivation of the cable system and the safeguarding of damage to private property and restoration of damages incurred with utilities, f i a ljm10218896/2 1 • r SUMMARY OF ORDINANCE AMENDING CPAPTER 51 October 200 1988 Page 3 A Section 51 - 69. Payment of Franchise Fee. Provides for the cable operator to pay to the City an amount equal to five percent (5x) of the cable operator's gross annual revenues. Section 5j - 70. Rates. Authorises the City of ^enton to regulate rates charged by the cable operator to the extent permitted by federal and state law. a Section 5j - 75. Records and Reports. Requires the cable operator to submit a monthly progress report during the system upgrade and also requires a monthly report from the cable operator detailing telephone call activity, service calls and resolution, system outages and a summary of subscriber statistica. Section 51 - 91. Access Channels. I I 1 Provides for conditions under which the City can request additional access channels and under which the cable operator I can request the use of underutilized access channels. I a Section 51 - 93. New developments. Provides for the City Council to hold a public hearing on the provision of additional channel capacity by the cable operator or on the inclusion in the cable operators system of state-of-the-art technology or upgraded facilities. In order to continue to effectively administer the operation of Any j cable system within the city limits of Denton, the staff is recommending Adoption of the attached ordinance amending Chapter 51 of the Code of Ordinances. I will be happy to provide any further information if necessary. l 1im10218896/3 i CABLE TELEVISION A~ CHAPTER S 1/z OF THE CODE OF ORDINANCES OF THE CITY OF DENTONo TEXAS .t III f 1 i c,. z II I, i `N I TABLE OF CONTENTS ARTICLE 1. IN GENERAL Sec. 5 1/2-1. Franchise granted and limitations ...............1 Sec. 5.1/2-2. Duration of franchise grant .....................1 Sec. 5 112-3. Franchise rights subject to police powers ,2 Secs. 5 1/2 -4 5 1/2-9. Reserved..... t.s.4sovoes 2 ARTICLE II. SHORT TITLE AND DEFINITIONS Sec.5 1/2.10. Short Title; Definitions ........................2 ARTICLE III. PROVISIONS GOVERNING THE LENGTH, RENEWAL AND TRANSFER OF THE FRANCHISE Sec. 5 1/2-20. Franchise Required; Duration; Exclusivity6......6 Sec. 5 112-21. Procedure to Consider Franchise Renewal 6 Sec. 5 1/2-22. Reevaluation ....................................8 Sec. 5 1/2-23. Forfeiture and terminetlon ......................8 Sec. 5 1/2-24. Continuity of Service ..........................10 Sec. 5 1/2-25. Acquisition by City ............................11 Sec. 5 1/2-26. Transfers and Assignments ......................12 I ARTICLE IV. FRANCHISE TERRITORY - EXTENSION OF SERVICE Sec. 5 1/2-30. Construction and/or Reconstruction. Map and Schedule ...............................I3 Sec. 5 1/2-31. Construction or Reconstruction; Extensions.....14 Sec. 5 1/2-32. New development Undergrounding .................15 I P Sec. 5 1/2-33. Aerial and Underground Drops ..................15 Sec. 5 112-34. Annexation..., , 15 ......ARTICLE V. OPERATIONS S-c. 5 1/2-40. Access programming facilities .................16 Sec. 5 1/2-41. Hub system ....................................16 Sec. 5 1/2-42. Emergency override ............................16 Sec. 5 1/2-43. Standby power .................................16 Sec. 5 1/2.44. Privacy .......................................17 Sec, 5 1/2-45, Antenna switch for alternative use of off-air antennas.,,.*,* a ssl7 ........ARTICLE VI. STANDARDS AND SPECIFICATIONS Sec. 5 1/2-50. Construction, installation and maintenance of S y a t e m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Sec. 5 1/2-51. System tower - Standards ......................17 Sec, 5 1/2-52. Premises, safety ..............................18 Sec. 5 1/2.53. Service Standards .............................18 Sec. 5 1/2-54. Technical Standards i ARTICLE VII LOCAL REGULATORY FRAMEWORK AND REGULATIONS Sec. 5 1/2-60. Remedies to Subscribers,,,,,,4,4,,,,,,,,,,,,4,19 Sec. 5 1/2.61. Security Fund .................................19 r Sec. 5 1/2-62. Liquidated Damages ............................21 Sec. 5 1/2.63. Construction 3ond.............................23 Sec. 5 1/2-64, Authority; Cable TV Advisory Board .....,.,24 Sec. 5 1/2.65. Procedure for Formal Action ...................24 i N I t Sec__ S 1/2-66, Functions to be Regulated25 Sec, 5 1/2-67. Subscriber Complaint Procedure,,,,,,,,,,,,,,, 25 Sec, 5 1/2-68. Equal Opportunity Policy.,,,, Sec. 5 1/2-69. Payment of Franchise Fee..... Sec. 5 1/2-70. Rates , - . . . . . . . . . . . . . . . . . . . Sec, ,,5 1/2=71, User classes and divisions ,,,,,,,,,,,,,,,,,,,,,30 Sec, 5 1/2-72 , Advance charges and deposits ...................3U Sec. 5 /`3, Installation and reconnection ,,,,,,,,,,,30 Sec. 5 1/2-74. Disconnection...., .............................30 Sec. 5 1/2-75. Records and Reports............................30 Sec. 5_ 1/y_76, Insurance Requirements .........................32 Sec. 5 112-77. Use of Public Property and Conditions for Use..33 Sec. g 1_/2-78, Indemnification 35 ARTICLE VIII, APPLICANT SELECTION PROCESS ~I Sec-S 1 80, written application required ...................36 Sec. S 1/2-81, Award Procedure,,,,,,,,,,,,,, Sec. 5 1/2-82. additional Information ,,,,,,,,,,,,,,,,,,,,,,,,,37 ARTICLE IX. SERVICE FACILITIES s, Sec. 5 112-90, Required Servicss and Facilities ...............37 I Sec. 91. Access Channels ................................38 ; Sec, S 1 2-93, New D --i-_.- evelopments ...............................39 I Sec, 5 1/2.96 5 1/2-99. Reserved. ..........................40 r 1 I ARTICLE X. MISCELLANEOUS 2-100. Severability ..................................40 Sec. S 1/ Sec. 5 112-101. Rights Reserved to City.••.•••••.••••••.•••••040 .............................41 Y SECTION II......... .41 SECTION III SECTION IV .....................................................41 I f , r I I II I ~J 2463L ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 5 1/2 (CABLE TELEVISION) OF THE CODE OF ORDINANCES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Code of Ordinances of the City of entitledis""Cable ey Teamended by levision", the which eshall r hereafter Chapter read 1/as follows: ARTICLE I. IN GENERAL Sec. 5 1/2-1, Franchise granted and limitations. A franchise to be granted by the City of Denton pursuant to this chapter shall grant to the Grantee the right, franchise to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all such extensions thereto and additions thereto in the City; and poles, wires, cables underground, conduits, manholes, and other tele- vision conductors and fixtures necessary for the maintenance and o eration of a Cable System for the interce mission and distribution of television programs and other audio- visual electrical signals and the right to transmit the same to the inhabitants of the City on the terms and conditions herein- after set forth. The City of Denton expressly reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this franchise. It is further the intention of this chapter to limit the activity of a Grantee hereunder solely to the operation of cable television systems within the City of Denton. Sec. 5 1/2-2. Duration of franchise rant. The term of Y.ny franchise granted by the City of Denton pursuant to this .aapter shall be for a period of fifteen (15) years from and after the grant and acceptance date of the franchise to be awarded, subject to the conditions and restrictions as here- inafter provided, and further provided that the mayor and City Council shall have the right to review such franchise periodically at such times as the mayor and City Council may from time to time elect to do so and as hereinafter provided. i N I Sec.! 5_ Franchise rights sub ect to police powers. In accepting a franchise, the Grantee acknowledges th$t its rights thereunde: are subject to the police power of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with alua tpl cable general laws and ordinances enacted b the City p to uch power; pprovided that such additional ordinances shall not at nt not conflictnwith manner e Commission. of America or the ComTexas the munic tos United laws eof the State the Federal of rul Secs 5 1/2-4 S l/209. Reserved- kATICLE II. SHORT TITLE AND DEFINITIONS Sec. S 1/2-10. Short Title: Definitions. This chapter shall be known and may be cited as the "Denton applicable ofblDenton,lsTexas, withellthe tfollowingfd finitions of the thereto: (a) Access channel means a channel dedicated in whole or in part for oca programming which is not originated by a Grantee. (b) Cable services means the one-way t ra rammin sion services scribers off" v eo programming and other p which is required together with subscriber interaction, if any, for the selection of such programming and, programming services that the cab s soft cable makes available to all programminge generally. ExamPi pay-per-view, voter preference polls in the context of a video program, teletexts, one-way transmission of any computer software, and one-way videotex such as at-home, information, etc. bank-at-home services, electronic mail, one-way and two•wa transmission of non-video data an video information not o fered t all subscribers, data processing, communication. (c) Cablecastin on ination and access means programming exclusive o roe cas s gna s Carr a on a cable television system: PAGE 2 T f V (1) origination cablecasti. Programming (exclusive of broadcast signs s carr a on a ca a television system over one or more channels, and subject to the exclusive control of the cable operator. 4 (2) Access cablecasting. Services provided by a cable television ays em on a pu c, education, local government, or itDI leased channels. (a) Public access channel. A specially designated non-commercial public access cannel available on a first-come nondiscriminatory basis for which the system shall maintain and have available for public use at least the minimal equipment and facilities necessary for the production of programming for such a channel; (b) Education access channel. A specially designated channel for use y local educational authorities; (c) Local government access channel, A specially designated channel or local government uses; (d) Leased access channel. Portions of the system's nonbroadcast bandwidth, including unused portions of the specially designated channels for leased access services. (d) Cable System shall mean a facility, consisting of a set of close- cransMsion pgths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. Such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of. the Communications Act of 1934, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (4) any facilities of any electric utty used solely for operating its electric utility systems. (e) ~ ~t~~ means the City of Denton, Texas, including the person, eeppartment, or agency designated by the City Council to act in matters related to cable systems. PAGE 3 I V f Converter meano an electronic device, which ( ) converts signals to frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations. (g) District means the area within which the cable operator will provide service. (h) Federal Cable Communications Policy Act of 1984 shall refer to 47 U.S.C 521 et sew., as the same may be amended from time to time and may hereafter be called the Cable Act. 1 (i) Franchise means the right granted through a contractual agreement- etween the City and called a person, partnership or corporation by which the City authorizes such person to erect, construct, reconstruct, operate, dismantle, teat, use and maintain a cable system in the City. M Grantee means a party, its lawful successors and assigns, to which aanchise under the authority of this Chapter is granted by the Council. (k) Gross Revenues means all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by the Grantee, its affiliates subsidiaries, parents, and any other person or entity in which the Grantee has a financial interest or which has a financial interest in the Grantee arising from or attributable to operation of the Cable h System, including but not limited tot (1) revenue from all charges for services provided to subscribers of entertainment and non-entertainment services (including leased access fees); (2) revenue from all charges for the insertion of com- mercial advertisements upon the Cable System; studios; (3) revenue from all charges for the leased use of (4) revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the Cable System and the provision of subscriber and other services; and (5) the sale of cablecast of any programming developed for community use or institutional users. PAGE 4 r # T V "Gross Revenues" shall include value at retail remuneration ls, the value of any goods, services, or other form, received by the Grantee or others described above in consideration for performance by the Grantee or others described above of any advertising or other service in connection with the Cable System. Gross Revenues shall not include con- verter deposits, refunds to subscribers by the Grantee, subscriber accounts which are in arrears and are deemed uncollectible by Communications accounting Policy Act ractices, of or items excluded by the generally lCable accepted (1) Pro rammer means any person, firm, corporation, or entity who or wFic produces or otherwise provides program material for transmission by video, audio, digital, or other signals, f ter means live or from recorded tapes, to subscribers, by cable communications system. School ) 0iSchool s~fctmeaany nonprofits dayonca a of the center,~t andl any Bother nonprofit educational institution. (n) Service: basic and additional (1) Basic Service shall mean any service for which includeps d£golocal vernmentaliaece;s channels,;ignels, and Such (2) Additional services means any of the following: video services as t e transm scion of all leased access channel sinals not transmission included advertising service, l and pay television signals. (o) Street means the surface of and the apace above and below any plsbT c street, avenue, highway, boulevard, concourse, drive otherw publicsNght u£ waye,pand,public grounds lknoweor her existing within the City. (p) Subscriber means any one person, or more of rthea services of ea entity w o ega y receive Grantee herein. (q) Two-wa communications means the transmission of tele- communications a gna s rom subscriber locations or other point; throughout the system back to the system s control center as well as transmission of signals from the control center to subscriber 11cations. PAGE 5 i N I (r) User denotes a person or organization utilizing a system channel or purposes of production and/or transmission of material, as contrasted with receipt thereof, in a subscriber capacity. r ARTICLE III. PROVISIONS GOVERNING THE LENGTH, RENEWAL AND TRANSFER OF A FRANCHISE Sec. 5 1/2-20. Franchise Required; Duration, Exclusivity. (a) The City may grant a franchise for the use of the streets within the City for the construction operation, and maintenance of a cable system. No system shall to allowed to occupy or use the streets of the city or be allowed to operate without a franchise. Any franchise awarded by an agreement in accordance herewith shall be a nonexclusive franchise. (b) The franchise may be granted for a term not to exceed fifteen (15) years- thereafter, after full public hearings, and according to the Iranchise renewal procedure that follows, the franchise may be renewed for periods of reasonable duration, not to exceed fifteen (15) years, as in the opinion of the city council will serve the public interest. Sec. 5 1/2-21. Procedure to Consider Franchise Renewal. (a) A franchise may be renewed by the City upon a plication of the Grantee pursuant to the procedure established in this section and in accordance with the then applicable law. During the six month period which begins with the ,36th month before the expiration of the franchise agreement, the City may on its own initiative, and shall, at the request of the Grantee, commence proceedings which aff,)rd the public apppropriate notice and participation for the purpose of; (1) identifyin the future cable-rolated community needs and interests- and (2) reviewing the performance of the Grantee under the franchise during the then current franchise term. (b) Upon completion of a proceeding under Sec. 5 1/2-21(a), the Grantee seeking renewal of a franchise may, on its own initiative or at the request of the City, submit a proposal for renewal. Any such proposal shell contain such material as the City may require, including proposals for an upgrade of the cable system. The City may establish a date by which such proposal shall be submitted. PAGE 6 (c) (1) Upon submittal by the Grantee of a proposal to the Cityy for the renewal of the franchise, the City shall provide puulic notice of such proposal and, a..-ing the four month pertgqd which begins on the completion of any proceedings under Sec. 5 1/2 -21(a) renew the franchise or, issue a preliminary assessment that t6 franchise should not be renewed and, at the request of the Grantee or on its own initiative, the city manager shall select a hearing officer who shall commence an administrative proceeding, after providing prompt 3' blic notice of such pro- ceeding, in accordance with Sec. 1/2-21(c)(2) to consider whether: (i) the Grantee has substantially complied with the material terms of the existing fran6iise and with applicable law; (ii) the quality of the Grantee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; (iii) the Grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Grantee's proposal; and (iv) the Grantee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. (2) In any such proceeding, the Grantee shall be afforded r notice and the Grantee and the City, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence, including evidence related to issues raised in the proceeding under Sec. 5 1/2-21(c)(1) to require the production of evidence, and to question witnesses$ A transcript shall be made of any such proceeding, (3) The Administrative Hearing Officer will a ethe required findings and Sec. promptly submitl) thewithin se sixty days of fact (60) to the City Clerk. i (4) Upon receipt of the findings of fact, the City Council shall issue a written decision granting or denying the PACE 7 1 proposal for renewal based upon said findings of fact, and transmit a copy of such decision to the Grantee. Such decision shall state the reasons thereof, (d) Any denial of a proposal for renewal shall be based on one or more adverse findings made with request to the factors described in subparagraphs (i) through (iv) of Sec. 5 1/2-21 (c)(1), pursuant to the record of the proceeding. The grounds of denial shall not constitute a violation of the provisions of 47 U.S.C. 546, as the same may be amended from time to time. (e) If the Grantee's proposal for renewal has been denied by a final decision of the city made pursuant to this section, or has been adversely affected by a failure of the City to act in accordance with the procedural requirements of this section, the Grantee may appeal such final decision or failure pursuant to the provisions of 47 U.S.C. 546(e) and 47 U.S.C. 555. (f) Notwithstanding the provisions of subsections (a) through (e) of this section the Grantee may submit a proposal for the renewal of the francise pursuant to this subsection at any time and the City may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time ( ncludin after proceedings pursuant to this section have commenced . The provisions of subsections (a) through (e) hereof shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (e). The Grantee shall (g) pay all costa incurred by the City ~ considering and processin a proposal for renewal as described in subsections (a}, (c)(1), ~c)(3), and (f) of this section. Sec. 5 1/2-22. Reevaluation. j The City and the Grantee may hold scheduled reevaluation sessions commencing in the seventh (7) year subsequent to the Grantee's acceptance of a franchise agreement in accordance with the terms of any franchise agreement. Sec. S 1/2-23. Forfeiture and termination. (a) The City reserves the right to forfeit and terminate a franchise and all rights and privileges of the Grantee in the event of a material breach of its terms and conditions. In interpreting this Chapter, material provisions shall include all labeled as such and all others, which under all the facts and circumstances indicated, are a significant provision of the PAGE 8 1 franchise agreement. A material breach by Grantee shall include, but shall not be limited to the following: r Violation of any material rule, order, material oorsdeterminationr of tithe city made pursuant to the franchise; franchise or practiceso any evade any deceit material the n City of its subscribers o. customers; Failure to bein or comlete extension as p ovidedybyethecfranchise; e the ervi subject to)theirecourse that is availableeunder 47 U S C. 545mised consecutive hours of interrupted servicee except when to restore servic after ninety-six (96) such interruption is obtained from the City; or (6) Material misrepresentation of fact in the application for or negotiation of the franchise. (b) The foregoing shall not constitute a material breach if the violation occurs but is without fault of the Grantee or occurs as a result of circumstances beyond its reasonable control. Grantee shall nit be excused by mere economic hardship nor by misfeasance, malfeasance or nonfeasance of its shareholders, directors, officers, or employees. I (c) In the event that the City determines that the Grantee has violated any provisions of the franchise, the city manager may make a written demand that the Grantee comply with any such provision and remedy such violation or violations. If the dviolation by ollowinghsuch a written n de and, f without period written [proof that the corrective action has been taken or is being actively and expeditiously pursued to the satisfaction of the City, the city manager may place the issue of termination of a franchise before the City Council in a hearing. be served upon Grantee, at least T twenty (manager shall cause to date of such hearing, a written notice of intent to request such termination and the time and place of the hearing. (d) At such hearing, the City Council shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion whether or not any violation by the Grantee has occurred. PAGE 9 (e) If the City Council shall determine the violation by the Grantee was the fault of Grantee and within its reasonable con- trol, the Council may, by resolution, declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance within such reasonable period as the City Council may establish. (f) The issue of forfeiture and termination shall auto- matically be placed upon the agenda for the next regular Council meeting at the expiration of the time set by the Council for compliance. The City Council then may terminate a franchise forthwith upon finding that Grantee has failed to achieve compliance or, in its discretion, may further extend the period allowed to achieve compliance. (g) Upon conclusion of the hearing, the City Council shall adopt a decision which includes findings of fact and conclusions, (h) Nothing herein shall be construed as a wai%.r of or limitation on any right of the Grantee to seek relief in federal or state court. In the event of any determination by the City to revoke or terminate a franchise, to impose a forfeiture of a bond, letter of credit or other security fund or to impose a substantial financial penalty which would have a material adverse effect upon the Grantee, such a determination shall be stayed during the pendency of iLny judicial review thereof. Sec. 5 1/2-24. Continuity of Service. (a) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations I to the Grantee are honored. In the event that the Grantee elects 4 to overbuild, rebuild, modify or sell tha system, or the City gives notice of iatcnt to terminate or fails to renew a franchise, the Grantee shall act so as to unsure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of a change of Grantee, or in the event a new operator acquires the system, the Grantee shall cc,,porate with the City, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the revenues for any period during which it operates the aystem and shall be entitled to reasonable costs for its services when it no longer operates the system. (b) In the event the Grantee fails to operate the system for ninety-six (96) consecutive hours without prior approval of the PAGE 10 I City or without just cause, th,o City may, at its option, operate the system or designate an operator until such time as Grantee _ restores service under conditions acceptable to the City or a permanent operator is selected. If the City is required to fulfill th.9 obligation for the Grantee, the Grantee shall reimburse tie city for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of the Grantee's failure to perform. Sec. 5 1/2-25. Acquisition by City. (a) If a renewal of a franchise held by the Grantee is denied and the City acquires ownership of the Cable System or effects a transfer of ownership of System to another person, any such acquisition or transfer shall be at fair market value, determined on the basis of the Cable System valued as a going concern but with no value allocated to the. franchise itself. If a franchise held by the Grantee is revoked for cause and the City acquires ownership of the Cable System or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an equitable price. in the determination of an "e uitable price," such matters as the harm to the community resulting from the Grantee's breach of the franchise may be considered. The value of a Cable System (fair market value or equitable price) shall be determined by an appraisal committee consisting of three persons to be appointed by a judge of a court of record of the City, The Grantee, or its successors or assigns, and the City shall each recommend one appointee to the court, however, the court. shall not be bound by such recommendations, No payment shall be made by the City to the Grantee by reason of the value of the franchise itself. (b) it shall be understood that a condition of each contract entered into by the Grantee with reference to operations under a franchise shell be that each contract shall be subject to the exercise of this authority by the City and that the City may be substituted for the Grantee as a party to any such contract and may succeed, at its direction, to all the privileges and the obligations thereof at its option. Upon the termination of a franchise and the ti hts granted mayrdirect, a detrequire ethe rGranteerasoprovided, inh Se . 3 C1/2-77 to remove its wires, cables, fixtures and accessories and appurtenances from the streets. PAGE 11 Sec. 5 1/2-26. Transfers and Assignments. - (a) A franchise shall not be sold, assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of the City. Such consent shall not be withheld unreasonably. No such consent shall be required for a transfer of fran- chise or the system in trust, mortgage, or other hypothecation as a whole or in part to secure an indebtedness. The proposed assignee must show technical ability, financial capability, legal qualifications and general character qualifications as determined by the City and must agree to comply with all provisions of the fram-hise and such conditions as may be prescribed by the City Council and expressed by resolution. City shall be deemed to have consented to a proposed transfer or assignment in the event its refusal to consent is not communi- cated in writing to Grantee within one hundred twenty (120) days following receipt oi vcitten notice of the proposed transfer or assignment. (b) The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer, or acquisition of control of the Gr,=ntee shall make the franchise subject to cancellation unless and until the city shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the City may inquire into the qualifications of the prospective controlling party and the Grantee shall assist the City in any such inquiry. (c) A rebuttable presumption that a trensfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of 10 percent of the voting interest of the Grantee. (d) The consent or approval of the City Coun.'~ to en trans- fer of the franchise shall not constitute a waiver or release of the rights of the City in and to the streets, and any transfer shall by its terms, be expressly subordinate to the terms and conditions of any applicable franchise. PAGE 12 MWJ r 1 I (e) In the absence of extraordinary circumstances, the City shall not approve any transfer or assignment of a franchise prior to substantial completion of construction of proposed system or completion of a commitment to reconstruct, rebuild or upgrade an existing system. (f) The City Council reserves ne right of "first refusal" to purchase a cable system at or above a bona f+.de offering price being made by a third party when the system is placed on the market for sale. The City shall exercise such right within nint;-' - (90) days of notification by Grantee of pending sale, or such right b..-ill be forfeited. (g) In no event shall a transfer of ownership or control be approved without any successor in interest accepting in writing the terms and conditions of the franchise agreement as amended. (h) The Council reserves the right to review the purchase price of any transfer or assignment of the system and any potential assignee to this franchise expressly agrees and under- stands that any negotiated sale value which Council determines will cause a significant effect on subscriber rates in order to finance the purchase may result in a denial of transfer. ARTICLE IV. FRANCHISE TERRITORY - EXTENSION OF SERVICE Sec. S 1/2-30. Construction and/or Reconstruction. ap an Schedule, Fr_ (a) Grantee shall submit a construction plan or reconstruction plan which shall be incorporated by reference and made a part of the franchise agreement. The plan shall include system design details, equipment, specifications and design performance criteria, The plan shall also include a map of the entire fran- chise area and shall clearly delineate the following: (1) The areas within the franchise area where the cable system will be initially available to subscribers including a schedule of construction for each year that construction or reconstruction is proposed. (2) Areas within the franchise area where the cable system cannot reasonably be extended due to lack of present or planned development or other similar reasons, with the areas and the reasons for not serving them clearly identified on the map. PAGE 13 N (b) Nothing in this section shall prevent the Grant len H from constructing , andelay inreconstructing construction system libeyond anthe times the t system the However, any specified in the plan report timetable must be submitted to an approved by the City Council. (c) Any delay beyond the terms of construction orrecon- struction timetable, unless approved by the City Council, will bes considered a violation of this Chapter for which the deter- of either Sections 5 1/2 62 or 5 1/2-23 shall apply, mined by the City Council. Sec. 5 112-31.. Construction or Reconstruction• Extensions. (a) Construction or reconstruction in accordance with the plan submitted by a Grantee shall commence as soon after the grant and acceptance of a franchise as is reasonably possible. shall be of ilerefran proceed Failure oto, proceedreexpedit ously revocation presumed in the event construction or reconstruction is not commenced within eighteen (18) months of the grant and acceptance of t, franchise. (b) Extension of the Cable System into any areas not specifi- terms of addressed any of t e plan required if the (1) Upon request of potential subscribers, a Grantee shall extend the system to any contiguous area not designated for initial service in the plan when there exists a density of 35 homes per street mile for aerial cable or 50 homes per street mile for underground cable. Extension shall be at Grantee's cost. If underground installation is required by regulation, Grantee must make installation at Grantees expense. Where aerial extension is allowed by regulation but underground installation is requested by benefited subscribers, the cost of undergrounding that exceeds estimated aerial extension cost may be charged to such benefited subscribers. j (2) In areas not meeting the requirements for mandatory extension of service, a Grantee shall provide, upon the request of five (5) jr more potential subscribers desiring service, an estimate of the costs required to extend service to said sub- scribers. Grantee shall then extend service upon request of said potential suers rentdorgasssurancerofepaymentulsatisfactory may require advance paY to Grantee. The amount and paid inY the escrib ventrtheoarearsubsequently shall be nonrefundable, PAGE 14 _J - Ono r V reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension. (c) Nothing herein shall be construed to prevent a Grantee from serving areas not covered under this section upon agreement with property owners, Sec. 5 1/2-32. New Development Undergrounding. (a) in cases of new construction or property development where utilities are to be pliced underground, the property owner shall give Grantee reasonable notice of such construction or development, and of the particular date on which open trenching will be available for Grantee's installation of conduit and/or cable. Grantee shall also provide specifications as needed for trenching. (b) Costs of trenching and easements required to bring service to the development shall be borne by the property owner; provided that if Grantee fails to install its conduit and/or cable within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or, then should the trenches be closed after the five (5) day period, the cost of new trenching shall be borne by Grantee. Except for the notice of the particular date on which trenching will be available to Grantee, any notice provided to Grantee by City of a preliminary plat request shall satisfy the requirement of reasonable notice. The preliminary plat shall be made available to the Grantee through the Development Review Committee process. See. 5 1/2-33. Aerial and Underground Drops. (a) When requests for connection requiring an aerial drop line in excess of one hundred and fifty (150) feet are made, the Grantee must extend and make available cable television service to such residents at a connection fee not to exceed the actual installation costs incurred by the Grantee for the distance exceeding one hundred and fifty (150) feet. (b) All areas required to be underground construction Shall require all underground drop installations of not more than 150 feet at the cost of the Grantee. Connections in excess of 150 feet shall be at the expense of a subscriber, such expense to equal Grantee's actual cost. Sec. 5 1/2-34. Annexation. Upon the annexation of any new territory by the City of PACE 15 i Denton, the portion of the cable system that may be located or operated within such territory, and the streets, alleys, or public grounds thereof, shall thereafter be subject to all the terms of any franchise as though it were an extension made thereunder. ` ARTICLE V. OPERATIONS I Sec. 5 1/2-40. Access programming facilities. The Grantee must provide reasonable equipment to be used by access cablecasters with the aid of a technical and production staff to be provided by the operator. Equipment that can store programs for later showing shall be provided. In addition, Grantee shall make available a centrally located studio to all access users on a first-come, first-serve basis. Any applicant to operate the system will be expected to demonstrate in its application how it plans to make available the equipment, the studio, and production and technical staff. Applicants will be given preference in the selection process for plans that will most adequately meet these requirements. A full schedule of rates for use of equipment, studio, and technical and production staff must be submitted to and agreed to by City. If separate rates are planned for mobile facilities, these must be also Included. Rate preference may be given to noncommercial users. Sec. 5 1/2-41. Hub system. The cable system design shall incorporate the use of a Hub system with sufficient hubs to insure the quality of reception required by the Federal Communications Commission. The Grantee shall be required to maintain the capability for nonvoice return communications. i Sec. 5 1/2-42. Emergency override. The Cable System shall include an "emergency alert" capability which will permit the mayor, or the mayor's designated represents- tive, to override, by remote control, the audio and/or video of all channels involved in retransmission of television broadcast programming. The cable operator shall designate a channel which will be used for emergency broadcasts. Sac. 5 1/2-43. Standby power. The Cable System operator shall maintain equipment capable of PAGE 16 r K V providing standby powering for headend transportation and trunk ` amplifiers for a minimum of two (2) hours. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. All utility safety regu- lations must be followed to prevent injury to linemen resulting from a standby generator powering the "dead' utility line. Sec. 5 1/2-44. Privacy Use of data obtained from subscribers shall be authorized only in accordance with the provisions of 47 U.S.C. 551, as amended. Sec. 5 1/2-45. Antenna switch for alternative use of off-air antennas. Grantee shall install an RF switch upon request by a subscriber. ARTICLE VI. STANDARDS AND SPECIFICATIONS Sec. 5 1/2-50. Construction, installation and maintenance of . system._ Methods of construction, installation, and maintenance of the Cable System shall comply with the most recent edition of the National Electrical Safety Code, National Electrical Code of 1985 as the same may be amended from time to time, and all applicable laws and regulations to the extent that such codes are consistent with local law affecting the construction, installation, and maintenance of electric supply and communications lines. To the extent that such code is inconsistent with other provisions of this franchise or with local law, the latter shall govern. Sec. 5 1 2-51. System tower - Standards. (a) Any tower constructed for use in the Cable System shall comply with the standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, EIA Standards RS-222;A as published by the Engineering Department of the Electronic Industries Association, 2001 EYE (I) Street, N. W. Washington, D. C. 20006. (b) Installation and physical dimensions of any such tower shall comply with any appropriate Federal Aviation Agency regulations, PAGE 17 (c) Any antenna structure used in the Cable System shall comply with Construction Marking, and Lighting of Antenna Structure, 47 Q.F.R. 17.1 at seq., and all applicable laws and regulations. Sec. 5 1/2-52. Premises, safety. All working facilities and conditions used during construc- tion, installation, and maintenance of the City's cable television system shall comply with the standards of the Occupational Safety and Health Administration. Sec. 5 1/2-53. Service Standards. I (a) A Grantee shall put, keep, and maintain all parts of the system in good condition throughout the entire franchise period. (b) Upon termination of service to any subscriber, a Grantee shall promptly remove all its.facilities and equipment from the premises of such subscriber upon subscriber's request, (c) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use. (d) Grantee shall not allow its cable or other operations to interfere with television reception of persons not served by Grantee, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the City. (e) A Grantee shall continue, through the term of the fran- chise, to maintain the technical, operational, and maintenance standards and quality of service set forth in this Chapter and franchise agreement. Should the City find, by resolution, that a Grantee has failed to maintain these standards and quality of service, and should City, by resolution specifically enumerate corrections to be made to come into compliance, a Grantee shall make such corrections. Failure to make such corrections within three (3) months of such resolution will constitute a breach of condition for which the remedy set forth in Section 5 1/2-61 is applicable. Sec. 51/2-54. Technical Standards. Grantee shall construct, install, operate and maintain its PAGE 18 f system in a manner consistent with all laws, ordinances, and construction standards of the City of Denton, the Federal Communications Commission, the NCTA Recommended Practices for Measurements on Cable Television Systems, published by the National Cable Television Association, and detailed standards submitted by Grantee as part of its application, which standards are to be incorporated by reference in the franchise agreement. In addition, each Grantee shall provide the City with a written report of the results of the Grantees annual proof of perfor- mance tests conducted pursuant to FCC standards and requirements. Grantee shall pay the costs incurred by the City for any technical assistance deemed necessary by the City for obtaining independent verification of technical compliance with all standards. ARTICLE VII. LOCAL REGULATORY FRAMEWORK AND REGULATIONS Sec. 5 1/2-60. Remedies to Subscribers. (a) In the event that its service to any subscriber is interrupted for twenty-four (24) consecutive hours, except for acts of God, and except in circumstances for which the prior approval of the interruption is obtained fom the of city council, Grantee shall provide a ten (10) per cent rebate fees to affected subscriber. (b) In the event that its service to any subscriber is interrupted for forty-eight (48) consecutive hours, except for acts of God, and except in circumstances for which the prior approval of the interruption is obtained from t the city council, Grantee shall provide a twenty (20) p,-.r monthly fees to affected subscribers. II (c) In the event that its service to any subscriber is inter- rupted for seventy-two (72) or more consecutive hours, except for acts of God, and except in circumstances for which the prior approval of the interruption is obtained er om cent the rebate coun of cil, Grantee shell provide a hundred (100) p monthly fees to the affected subscribers. (d) The time limits prescribed iii subsections (1), (2) and (3) shall be measured from the time that the subscriber notifies the Grantee. Sec. 5 1/2Security Fund. (a) Within twenty (20) days after the effective date of a franchise agreement, the Grantee shall deposit with the City's PAGE 19 I Executive Director of Finance, and maintain on deposit through as security Sixty-Five forthe faithful the term s in an monies, the sum of ($65,000) of performance by it of all the provisions of this franchise agreement, and compliance with all orders, permits and directions of any agency of the City having jurisdiction over its acts or defaults under this contract, and the payment by the Grantee of any claims, liens and taxes due the City which arise by reason of the construction, reconstruction, operation or maintenance of the system and the payment by the Grantee of any penalties or liquidated damages due the City pursuant to this ordinance or a franchise agreement. (b) The City Manager may draw upon the security fund in the event of any of the occurrences set forth in this Section and in Section 5 1/2-62, Within ten ;10) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subdivision (a) of this section in accordance with Section 5 1/2-62 (Liquidated Damages), the Grantee shall pay to or deposit with the Executive Director of Finance a sum of money sufficient to restore such security fund to the original amount of $65,000 Dollars. Failure to restore said security fund to the original amount shall constitute a material breach. (c) Examples of a basis for drawing upon the security fund include, but are not limited to the following: 1. failure of the Grantee to pay to the City any taxes after ten (10) days written notice of delinquency; 2, failure of the Gra.'ae to pay to the City after ten (10) days written notice, any amounts due and owing the City by reason of the indemnity provision of Section 5 1/2-78 of this Chapter, (3) failure by the Grantee to pay to the City, any liquidated damages due and owing to the City pursuant to Section 5 1/2-62 of this Chapter; Section y5 1to the /2-21(g) City this (4) afailure by mounts due pursuant Grantee Chapter; (5) failure by the Grantee to pay, upon ten (10) days written notice, any amounts owing as franchise fees pursuant to Section 5 1/2-69 of this Chapter. (d) The security fund deposited pursuant to this Section PAGE 20 4 E shall become the property of the City in the event that this contract is cancelled by reason of the default of the Grantee. The Grantee, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit with the Executive Director of Finance at the expiration of the term of the franchise agreement, provided that there is then no outstanding default on the part of the Grantee. (e) The rights reserved to the City with respect to the security fund are in addition to all other rights of the City whether reserved by this contract or authorized by law, and no action, pro,:eeding or exercise of a right with respect to such security fund shall affect any other right the City may have. Sec. 5 1/2-62. Liquidated Damages. By acceptance of the franchise granted by the City, the Grantee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this Chapter and the franchise agreement will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperfor- mancei therefore the franchise agreement shall include provisions for lquidated damages to be paid by the Grantee, in amounts set forth in the franchise agreement and chargeable to the security fund for the following concerns: (a) Failure to complete system construction or reconstruction in accordance with tse of streets, erection of poles, undergrounding relocation, Sections 5 1/2-30 and 5 1/2-77 ' of this Code, unless the City Council specifically approves the delay, by motion or resolution, due to the occurrence of conditions beyond Grantee's control; the Grantee shall pay Five Hundred Dollars ($500.00) per day for each day, or part thereof, the deficiency continues. (b) Failure to provide up in written request by t%e City data, documents, reports, or other information; the Grantee shall pay Fifty Dollars ($50.00) per day, or part thereof that each violation occurs or continues. (c) Failure to test, analyze and report on the performance of the system following a written request by the City pursuant to this ordinance; the Grantee shall pay to City Gne Hundred Dollars ($100.00) per day for each day, or part thereof, that such noncompliance continues. (d) Failure to provide in a continuing manner the types of services proposed in the accepted application, unless the Council specifically approves Grantee a delay or change, or the Grantee PAGE 21 has obtained modification of its obligation under Section 525 of the Cable Act; Grantee shall pay to the City Five Hundred Dollars ($500.00) per day for each day, or part thereof, that each noncompliance continues. (e) Upon determining that there has been a failure o shmalte all improvements in accordance with Section 5 1/2-53, pay to the City Two Hundred Fifty Dollars ($250.00) for each day, y or part thereof, that such noncompliance continues. (f) Any other action or non-action by the Grantee, as agreed upon between the City and Grantee, and set forth in the franchise agreement. Nothing in this section shall preclude further liquidated damages as agreed upon by the parties in the franchise agreement. (g) If the City Manager concludes that the Grantee is liable for liquidated damages pursuant to this Section, he shall issue i to Grantee by certified mail,a notice of intention to assess liquidated damages. The notice shall set forth the basis for the assessment, and shall inform the Grantee that liquidated damages will be assessed from the date of the notice unless the asiess- went notice is appealed for hearing before the City Council and the City Council rules (1) that the violation has been corrected, or (2) that an extension of time or other relief should be granted. The Grantee desiring a hearing before the City Council shall send a written notice of appeal by certified mail to the City Manager within 10 days of the date on which the City sent the notice of intention to assess liquidated damages. The ' hearing on the Grantee's appeal shall be within 30 days of the date on which the City sent the notice of inteetion to assess liquidated dameea. After the hearing, if the City Council sustains in whole or in part the City Managers assessment of liquidated damages, the City Manager may at any time thereafter draw upon the Letter of Credit required by Section 5 1/2-61• Unless the City Council indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the City sent the notice of the intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the City Manager. (h) Nothing herein shall be construed as a waiver of or limitation on any right of the Grantees to seek relief in federal or state court. In the event of any determination by the City to revoke or terminate a franchise, to impose a forfe`_ture of a bond, letter of credit or other security fund or to impose a substantial financial penalty which would have a material adverse effect upon the Grantee, such a determination shall be stayed during the PAGE 22 pendency of any judicial review thereof. sec. _j 1/2-63. Construction Bond. (a) Not less than thirty (30) days before the construction st_rt date set forth in any franchise agreement, the Grantee shall obtain and maintain at its cost and expense, and file with the City Secretary, a corporate surety bond in a company authorized to do business in the State of Texas and found acceptable by the City's Risk Manager, in an amount established in the franchise agreement to guarantee the timely construction and/or reconstruction and full activation of the Cable System and the safeguarding of damage to private property and restoration of damages incurred with utilities. The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the City, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the City resulting from the failure of the Grantee to satisfactorily complete and filly activate the Cable System throughout the franchise area pursuant to the terms and conditions of this Chapter and the Franchise Agreement. (b) Any extension to the prescribed construction or recon- struction time limit must be authorized by the City Council. Such extension shall be authorized only when the City Council finds that such extension is necessary and appropriate due to causes beyond the control of the Grantee. (c) The construction bond shall be terminated only after the Council finds that the Grantee has satisfactorily completed initial construction and activation or reconstruction of the Cable System pursuant to the terms and conditions of this Chapter j and the Franchise Agreement. r (d) The rights reserved to the City with respect to the construction bond are in addition to all other rights of the City, whether reserved by this Chapter or authorized by law, and no action, proceeding or exercise of a right with respect to such construction bond shall affect any other rights the City may have. (e) The censtruction bond shall contain the following endorse- ment: It is hereby understood and agreed that this bond may not be cancelled by the surety nor the intention not to renew be stated by the surety until sixty (60) days after receipt by the City, by registered mail, or written notice of such intent to cancel or not to renew. PAGE 23 1 Sec. 5 1/~-64. Authority; Cable TV Advisory Board (a) The City shall exercise continuing regulatory authority under the provisions of this ordinance and applicable law. This authority shall be vested in the City Council and administered through the City Manager or his designee. This authority includes the adoption of reasonable rules and regulations necessary to enable the City to perform administration and enforcement activities. (b) A Cable TV Advisory Board consisting of five (5) members who shall serve for three (3) year terms with such terms to be staggered is hereby established. Each board member shall be and Boardnshall adv se theeCity Council oln its re ulator council. The and shall have the following responsibilities and d tjuriion iessdatctthe direction of the City Council: (1) Resolving disputes or disagreements between sub- scribers and the Grantee after an investigation should the subscriber and the Grantee not first be able to resolve their view or disagreement. Said decision or findings may be appealed to the City council; (2) Reviewing and auditing all reports and filings submitted to the City as required hereunder and such other correspondence as may e qubmitted to the City concerning the operation of the cable television network, and reviewing the rules and regulations set by the Grantee; and (3) Assuring that all tariffs, rates, and rules pertinent to the operation of the Cable System in the City of Denton are made available for inspection by the public at reasonable hours and upon reasonable requests. I Sec. S _I Z2-65. Procedure for Formal Action. (a) Any formal inquiry, proceeding, investigation, or other ` formal action to be taken or proposed to be taken by the City Council in regard to the operation of a Grantee's cable tele- vision system, including action, if permitted by Federal and State law, in regard to an increase in subscription rates, shall or proposedlactions is p yy ublished diays aplocal dailyCeorfweeklyanews-n paper having general circulation in the City of Denton; a copy of andh the actionGraonrtepro has a action is given an served opportunity o to t respondtein PAGE 24 writing and/or a hearing as may be specified by the City Council, and general members of the public have been given an opportunity to respond or comment in writing on the action or proposed action. (b) The public notice required by this action shall state clearly the action or proposed action to be taken, the time pro- _ vided for response and the person or persons and authority to whom such responses should be addressed, and such other proce- dureii as may be specified by the Cable TV Advisory Board. If a necessary be held, pa party toranyihearing will d allowed. in regard hearin is Grantee is a to to this operation. Sec. 5 1 2-66. Functions to be Regulated. (a) Each Grantee shall maintain an office in the City, which shall be open during all usual business hours, have a publicly com fortrepairspornadjust entsomayebeer ceived on laitwenty-four (24) hour basis. (b) Each Grantee shall maintain a repair and troubleshooting force capable of responding to subscriber fter airecei t of uest for service within twenty-four (24) ribes a the complaint or request. No direct charge shall be made to the subscriber for this service. Sec. 5 1/2-67. Subscriber Complaint Procedure. (a) Subscriber notice of complaint procedur1C~in Each upon Grantee and shall establish procedures for receiving, g resolving subscriber complaints to the satisfaction of the City Manager. The Grantee shall furnish a notice of such procedures to each subscriber the time thereafter. subscription to the once system and at least (b) Complaint records. The Grantee shall maintain a written record or "log," listing dete and time of customer complaints, identifying tee subscriber and describing the nature of the com- plaints and when and what action was taken by the Grantee in response thereto; such record shall be kept at Grantee's of least office, reflecting the operations to date for a period (3) years, and shall be available for inspection during regular business hours without further notice or demand by the City Manager. When there have been (c) Repetition of similar complaints. similar complaints made or where there exists other evidence, which, in the judgment of the Council casts doubt on the PAGE 25 4 reliabilit> or quality of cable service, the Council shall have , the right and authority to compel the Grantee to test, analyze and report on the performance of the system. Such test or tests shall be made, and the reports of such test or tests shall be - delivered to the City no later than fourteen (14) days after the City formally notifies the Grantee. Such report shall include the following information: (1) The nature of the complaint which precipitated the special testa; (2) What system component was tested; M (3) The equipment used and procedures employed in said testing; and (4) The method in which such complaints were recorded. Any other information pertinent to the special test shall be recorded. Said tests and analyses shall be supervised by a professional engineer, not on the permanent staff of the Grantee. The afore- said engineer should sign all records of special tests and forward to the City such records with a report interpreting the results of the tests and recommending actions to be taken by the City. The City's right under this provision shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service. Sec. S 1/2-68. Equal Opportunity Policy. (a) A Grantee shall not deny service, deny access, or other- wise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, or sex. (b) A rsrantee shall strictly adhere to the equal employment opportunity requirements of the FCC, as expresaed in Sections 76.13 (h) and 76.311 of Chapter 1 of Title 47 of the Code of Federal Regulations and Section 634 of the Cable Act. The Grantee shall comply at all times with all other applic- able federal, state, city, and county laws, and all executive and PAGE 26 r ti t administrative orders relating to nondiscrimination. The Grantee ` shall make a positive effort to hire racial minorities, women and f` other protected groups as subcontractor if available and qualified. Sec. 5 1/2-69. Payment of Franchise Fee. (a) For the reaso„ that the streets to be used by the Grantee in the operation of its system within the boundaries of the City are valuable public properties acquired and maintained by the City at great expense to its taxpayers, and that the grant to the Grantee to the use of said streets is a valuable property right without which a Grantee would be required to invest substantial capital in right-of-way costs and acquisitions, and because the City will incur costs in regulating and administering the franchise, tha Grantee shall pay to the City, for the first ten years from the date of acceptance from a franchise, an amount equal to five percent (5%) of Grantee's gross annual revenue fron all sources attributable to the operations of the Grantee within the confines of the City. Should a franchise agreement exceed ten years in length, the Grantee shall pay a franchise fee equal in amount to the maximum permitted % )law, provided that such amount shall not exceed seven percent (7~). (b) The franchise fee shall be payable quarterly to the City. The Grantee shall file a complete and accurate verified statement of all collected gross revenue including itemization for each type of revenue received within the City during the period for which said quarterly payment is made, and said payment shall be made to the City not later than forty-five (45) days after the expiration of the date for which payment is due. (c) The Executive Director of Finance of the City may, from time to time during the term of a franchise, prescribe standards governing th_ nature, extent and type of accounting system and accounting procedures utilized by the Grantee and require changes in accounting standards or procedures utilized by the Grantee, for the purpose of promoting the efficient administration of the franchise fee requirements of this ordinance. Any such standards shall be in writing, shall be filed with the City Secretary, and shall be mailed to the Grantee to whom directed. The Grantee shall promptly comply with all such standards. During the term of each franchise, the City may, not more frequently than once a year, conduct an audit of thn books, records and accounts of the Grantee for the purpose of determining whether the Grantee has paid franchise fees in the amounts pre- acriied by Section 5 1/2-69(a). The audit may be conducted by PAGE 27 the city staff or by an independent certified accounting firm retained by the City, and shall be conducted at the sole expense of the City. The party conducting the audit shall prepare a written report containing its findings, and the report shall be f filed with the City, and mailed to the City and Grantee. Any additional. amount due the City as a result of the audit shall be paid within 30 days following written notice to the Grantee from the City. (d) in the event that any franchise payment or recomputed amount, cost or penalty, is not made on or before the applicable dates heretofore specified, interest shall be charged from such date, compounded daily, at the annual rate equivalent to the then existing prime rate, as established by NCNB Texas National Bank, Dallas, plus two (2Z) percent. Sec. 5 1/2-70. Rates. To the extent permitted by federal and state law, the City may regulate the following rates, fees and charges: (a) Rates for th( pro%ision of basic cable service to subscribers whether residential or commercial, including multiple tiers of basic cable service. (b) Rates for the initial installation or the rental of one set of the minimum equipment which is necessary for the subscribers' receipt of basic cable service. (c) Any other rates for any type of services delivered by the Grantee that may become subject to local regulation. The Grantee may petition the Council for a change in f rates subject to regulation by filing a proposed rate schedule with the City Clerk. The following procedure shall be followed: i (1) The Grantee may petition the council for a change in rates by filing a revised rate schedule including the justification(s) for said proposed new schedule; (2) Within ten (10) days of notification by the Council of the place and time established for a hearing on said petition, the company shall notify its subscribers of the same day by announcement on at least two (2) channels of its system, between the hours of 7:00 and 9:00 p.m., for five (5) consecutive days. Following all proper notice, but in no event later than ninety (90) days from the date of said petition, the council shall hold an appropriate public hearing to consider the proposed PAGE 28 f t I new rates, at which hearing all parties desiring to be heard, including the company, shall be heard on any matters relating to the performance of this franchise, the company's services, and the proposed new rates; (3) Within ninety (90) days after said hearing, the Council shall render a written decision on the company's petition, either acctpting, rejecting, oe modifying the sama and reciting the basis of its decision; (4) The criteria for the Council's decision in such matters shall be the establishment of rates which are fair and reasonable to both the company and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable coat of service, including fair return on all invested capital, all assuming efficient and economical management. (5) In order for the Council to determine whether proposed rate changes comport, with the criteria established in subsection (4) above, the company's petition for a rate increase shall include the following financial reports, which shall reflect the operations of the Denton system only: (i) Balance sheet; (ii) Income statement; (iii) Cash flow statement; (iv) Statement of sources and applications of funds; (v) Detailed supporting schedules of expenses, income, assets and other items as may be required; ' i (vi) Statement of current and projected sub- scribers and penetration. The Grantee's accounting records applicable to system shall be available for inspection by the City at all reasonable times. The City shall have access to records of financial transactions for the purpose of verifying burden rates or other indirect coats prorated to the Denton operation. The documents listed above shall include sufficient detail and/or footnotes as may be necessary to provide the City with the information needed to make accurate determinations as to the financial condition of the system. All financial statements shall be certified as accurate by an officer of Grantee. PAGE 29 r ti I Seo. S 1/2-71. user classes an-d divisions- Subscribers may be divided into commer~ hibitntheereduction classes. Nothing in this provision shall p or waiving of charges in conjunction with promotional campaiggns for the purpose of attracotin access subscribe berestablished ial and noncommerc, usherein shall prohibit preferential rates for separately, Nothing by the City. noncommerci.al userb if Approved Sec. 5 1/2-72. Adva h°rgea end de ov sits. subscribers to pay for each month of A franchise may require of each month. No basic service in advance at the beginning deposit nr advance other advance payment or deposit of any kind shall be required by No a Grantee for basic subscriber service. rovision of any payment of any kin sal approval rovalaOfe then City. pNothing in this converter without prior PP prohibit charges or waiver of provision shall be construed to p charges for initial installation or reconnection. Sec. 5 1/2-73. Inatallation and reconnection. a Except as otherwise provided elsewhere in this chapter, Grantee may make nd cfor gthe reconnection ofo sarvicenoutlets. The service outlets a rates cor suchconnection or in this articleection shall be authorized by the City as provided Se 5 1/244. Disconnection. a properyy lyinstallation due monontly There shell be subsribdisconnection gger fail monthly or outlet. If any s other properly due fee or charger the subscriber fee, or any Grantee marl disconnect the subscribers service out ee provided, however, that such its eo date Bof said delinquentdEeefor days after thirty (30) the due da s written notice of the charge and shall include ten y a meet is due dAnd o after days t afterbpcyiber in gt ueation. if intent to disconeeho=rli(30)d to a subscriber pays Y iven, a Grantee shall not n delinque~tt otice of dis fee co or nnection charge, has been gon a meet in full of the disconnect. After disconneheiog uyment of reconnection charge, a Grantee shall shall promptly reinstate a subscriuer's cable service. ' Sec. 5 1/2-75. Records and Reports. (a) Annual reports. No later than March 31st of each year, PAGE 30 t N each Grantee shall sub,zit a written report to the City, in a form directed by the City Council, which shall include: (1) A summary of the previous year activities and development of this system, including, but not limited to, services begun or dropped, subscriber gain or loss; (2) Copies of the financial statements audited by a certified public accounting firm acceptable and approved by the City, including the Grantees balance sheet, income statement, and working papers relating to subscriber accounts; (3) A current statement of costs of construction by component categories; (4) A summary of complaints, identifying the number and nature of complaints and their disposition; (5) A list of officers and members of the board of the franchisee and the parent corporation, if any; (6) A list of all stockholders holding three (3) per cent or more of the voting stock of a Grantee and the parent corporation, if any. (b) Filings with federal communication. Copies of all petitions, filings, reports, and correspondence filed with the Federal Communication Commission will be filed concurrently with the City. i (c) Monthly reports required. i (1) During construction, upgrading, or rebuilding of ayatem, a monthly progress report shall be filed by the Grantee with the City describing projected construction activity for the project, work accomplished for the particular month and for the total project to date. (2) Summary of telephone call activity as to total calls received, answered, abandoned or delayed with the average delay quantified. (3) Summary of service calls showing number resolved ! within 24 hours and number of calls unresolved within 24 hour period, This summary shall be in a format that can doscribe the general nature of calls received as to the type of service, problem, or grievance. PAGE 31 ti (4) Summary of system outages for the month (includes all outages affecting two or more subscribers.) This report shall or hours in number down, and theecause fthe show number the number the outages, i.e. power failure, storm, system malfunction, etc. (5) Summary of subscriber statistics for the month, show- ing by category of service provided (i.e. basic service, each pay TV option, etc.), the number of subscribes he beginning of month plus connects, less disconnects, equaling t ending number oi bbysubsthecribers shall.be shown Changes atsimlar ma nehomes passed docume is reasonable requests (d) Other records. dditional information records andimpose for a See. 5 1/2-16. Insurance Requirements. (a) A Grantee seeking to operate under the authority of this by television aoperation by othe City aofiDenton,asubmit toeappfor rovalcable the City's Risk Manager satisfactory evidence in the form of limited c to the following coverage their and risk areasincluding but not l (1) Worker's compensation and employee's liability cover- age on all employees of the franchise as required by statute; (2) Comprehensive general liability coverage including a to and a broad form blanket contractual liability collapseaor not limitedprovision endorsement covering but other underground activity-, (3) Comprehensive automobile liability coverage. (b) The minimum limits of coverage on each of the above described coverages excepting (1) (a) above shall in no event be less than one million dollars ($1,000,000.00). (c) All insurance policies required by this section shall be to make the City of Denton a named insured under so endorsed as such policy. Further, each policy shall be so endorsed as to require the carrier or carriers to give not less then sixty (60) days notice of cancellation or nonrenewal to the City of Denton. Such policies shall further carry an endorsement providing a I waiver of any rights of subrogation in the favor of and to the City of Denton. ?AGE 32 1 Sec. 5 1/2-77. Use of Public Property and Conditions for Use. (a) A Grantee shall not open or disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first having obtained a permit to do so in accordance with applicable City ordinances, including but not limited to Chapter 21 of the Code of Ordinances, provided that a Grantee shall not be required to post a bond prior to commencing such disturbance of such public place. (b) A Grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the Grantee when required by the City of Denton by reason of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewer, drains, water pipes, city of owned power re or signal lights, and tracks or, any other type improvement by a public ~.,gency. (c) The Grantee's use of existing poles or conduits belong- ing to the City of Denton, or the erection or construction of new poles or conduits shall be governed by a separate pole use agreement. (d) All wires, conduits, cables and other property and facilities of the Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel { upon the streets of public places of the city. The Grantee shall keep accurate maps and records as requested by the city. A Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining ' property owners, or with any gas, electric, or telephone fixtures placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the city. (e) All wires, cables, amplifiers, and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurotions shall be arranged in parallel and bundled, with due resp~iet for engineering and safety consideration. All installations shall be underground in those areas of the city where public utilities providing either telephone or electric service are underground. In areas where both telephone and electric utility facilities are above ground at the time of ` PAGE 33 V t installation, the Grantee may install its service above ground with the understanding that at such time as those facilities are required to be placed underground by the city, the Grantee shall ` likewise place its service underground without additional cost to the residents of the city other than as may be granted under the ` provisions of this chapter. I (f) The city snall give the Grantee reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the Grantee sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Grantee to maintain continuity of service. (f) The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires tc permit the moving of said building. The expense of such temporary removal, raising or lowering of the wires shall be paid by the person requesting the same, and the Grantee shall have the auth- ority to require such payment in advance. (h) The Grantee shall have the authority to trim trees overhanging upon streets, alleys, sidewalks, and other public places of the city so as to prevent the branches of such tr,,es from coming in contact with the wires and cables of ,che company. All trimming is to be done under the supervision and direction of the city and at the expense of the Grantee. The Grantee shall f make every effort to preserve the aesthetic beauty and viability of any trees trimmed. The Grantee may contract for such services, however, any firm or individual so retained shall receive city approval prior to commencing such activity. (i) Public buildings shall be connected to the cable system at no charge. Such requests for service may be initiated by authorized local government officials. For planning purposes, one service drop per facility should be anticipated at the civic' center, municipal building, service center, the county courthouse, police and fire facilities, public library, all public and parochial schools. If more than one drop is required (per facility), the charge should be based on Grantee's costs of time and materials. No monthly charges should be made for providing basic subscriber services at these public buildings. Failure of Grantee to complete connection of basic service drop within 120 days of receipt of written request shall constitute a material breach, M Upon the request of an authorized university official, PAGE 34 academic buildings and residence halls at the University of North Texas and Texas Woman's University should be connertod to the cable system at no charge. If more than one service drop is required (per building), the charge should be based on the companyrs cost of time and materials. No monthly charges should be made for providing basic cable subscriber servic,:s at the academic buildings. I (k) The Grantee may be required to interconnecF* its System with all other broadband communications facilities. Such inter- connection shall be made within the time limit established by the city. The interconnection shall, at the city's discretion, be accompl'.shed according to the method and technical standards determined by the city, in a manner consistent with applicable FCC standards. (1) At the expiration of the franchise term, or upon its termination as provided for herein, the city shall have the right to require the Grantee to remove at its cwn expense all portions of the Cable System from all streets within the city. Sec. 5 1/2-78. Indemnification. (a) Each Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers, agents and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damages or otherwise: (1) For actual or alleged injury to persons or property, including loss of use of property due to Lin occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged, to arise out of or through the acts or omissions of the Grantee or its officers, agents, employees, or contractors or to whica the Grantee's or its officers, agents, employees or contractors acts or omissions in any way contribute; (2) Arising out of or alleged to arise out of any claim for daxr.ges for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement I of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and (3) Arising out of or alleged to arise out of Grantee's failure to comply with the provisions of any statute, regulation or ordinance of the United States, State of Texas or any local agency applicable to the Grantee in its business. PAGE 35 t Nothing herein shall be deemed to ;prevent the parties indemnified and held harmless herein from participating in the defense of any litigation by their own counsel at the Grantee's sole expense. Such participation shall not under any circum- stances relieve the Grantee from its duty of defense against liability or of paying any judgment entered against such party. ARTICLE VIII. APPLICANT SELECTION PROCESS Sec. 5 1/2-80. Written application required. No license franchise, or renewal thereof shall be issued except upon written application to the city council on an appli- cation form prescribed by the city council. Such form shall contain such information as the city council may prescribe as to the citizenship and character of the applicant and the financial, technical and other qualifications of the applicant to operate the system; complete information as to its principals and ultimate f beneficial owners, including, in the case of corporations, all stockholders, both nominal and beneficial, owning one percent or more of the issued and outstanding stock, and, in the case of incorporated associations, all members and ultimate beneficial owners, however designated; complete information on the extent and operation, variety of t programs, number of ,hasafety measures installation and subscription fees; and such other information as the city council may deem appropriate or necessary. Such application shall be signed by the applicant or by a duly authorized representative, evidence of whose authority shall be submitted with the application. Each applicant shall make full disclosure of the true owner of the applicant and of the equipment to be employed and rendering service and of the source of funds for the purchase, lease, rental and installation of such equipment. Each applicant shall set forth as completely as possible the equipment to be employed, the routes of the wires and cables, the area or areas to be served, the approximate starting and completion dates of construction of the system and the dates service will actually be available to the areas named. Each applicant shall submit a ncnrefundable application fee as may be established by the City Council, to cover the costs of review, issuance and enforcement of franchises issued pursuant to this oriinance. Sec. S 1/2-81. Award Procedure. , Not later than ninety days after the final date for filing PAGE 36 applications, one or more public hearings shall be hold on the applications. At the time set adjournment thereof for the hearing, or at an comments, Not , the City Council shall proceed to hear all comments. later than ninety days after such public hearing, the City Council shall make a determination based upon evaluation of the applications, the hearings, and other information that the Grantor may deem relevant. er No provision of this Chapt9r shall be deemed or construed so as to require the granting of P franchise when, in the opinion of the City Council, it is in the public interest to restrict the number of grantees to one or more. Sec. 5 112-82. Additional Information. The City Council may at any time demand and applicants such supplementary, additional or other information alas the City Council may deem reasonably necessary to determine whether the requested franchise,should be granted. ARTICLE IA. SERVICE FACILITIES. Ls-- -5 -ILL-90- (a) ired Services and Facilities A franchise application or rool for renew include a description of the Gran ee ps system designl andala description of programming and services being optional premium services, a description of ofacilitiesclbeing proposed for local origination programmin offered to various communit gs and facilities b y gg programming and services contained iwithin taoGrantee'~s a offer o f shall be deemed a binding offer of such Grantee for and to the benefit of the City and application , a program on inator ceases to bppsc vide of Grantee. In the event the Grantee determines that othervpr a service, or in the event may be of greater benefit to subsProgramming t cable services subject to subsections (b) and (c), substitute the Grante e may, substitute services, (b) The ayatem, after the incorporation of such substitute services, shall satisfy the warranty made by Grantee to sub. scribers and potential subscribers in its application for a franchise. tTheright tCoouncil, oan behalf of system subscribers, the Grantee has made and review n may orderb a ichange othe ein rvic ifthit determines, after due hearing on notice, that the warranty has been violated, and that certain broad categories of video or other information programs that were committed by Grantee in its PAGE 37 Proposal are not being delivered. Any such order shall be issued only after a public hearing has been scheduled and held; and written notice of such hearing shall have been provided to the Grantee and to the public at least 14 days prior to such hearingg, Any such order may be enforced by A court of competent urisdiction. A Grantee shall not, in relation to this section, ~e deemed to have waived any right accorded to a franchised cable television operator arising under the First Amendment to the Constitution of the United States. (c) Notwithstanding subsections (a) and (b), a Grantee may, in accordance with the Cable Act of 1984, upon 30 days' advance notice to the City, rearrange, replace or remove a particular cable service required by the franchise ~f: (1) such service is no longer available to the Grantee; or (2) such service is available to the Grantee only upon the payment of a royalty required under section 801(b)(2) of title 17, United States Code, which the Grantee can document: (a) is substantially in excess of the amount of such payment required on the date of the Grantee's offer to provide such service, and (b) has not been specifically compensated for through a rate increase or other adjustment. Notwithstanding subsections (a) and (b), a Grantee may take such actions to rearrange a particular service from one service tier to another, or otherwise offer the service, if the rates for ! all of the service tiers involved in such actions are not subject to regulation. I Sec. 5 1/2-91. Access Channels. i. (a) Each cable system franchised by the City shall provide the number of access channels agreed to in the franchise agreement. (b) if any governmental or educational access channel is being utilized more than ten hours per day, five days a week between k the hours of 6100 a.m. and 11:00 p.m. for twelve (12) consecutive weeks; or if any public access char,iel is being used eighty (80) percent of the time between 4:00 p..n. and 11:00 p.m. for twelve (12) consecutive weeks, Grantee shall upon receipt of written ,'II notice from City, make new channel(s~ available for the same purpose(s); provided, however, that nothing in this paragraph ;I shall require Grantee to construct additional channel capacity to PAGE 38 I the cable syr m for the sole purpose of providing additional , nne availableo oniacpart-itiiime basis, eoneroremoreaother under u tilized or on a ful or art-ime ss one or more or unusedlacce ss channelsl until suchttime basisuch underutilized hor unused channels are needed for the uses to which they have been dedicated. (c) Whenever any access channel, other then the basic access channels, required in a franchise agreement for governmental, educational and public access, is utilized lees than four (4) hours per day for five days per week for a continuous period of not less than twelve (12) consecutive weeks, the City may permit different or additional interim uses for said channel. The Grantee may be permitted to utilize unused access channel capacity under rules and procedures established by the City, however, no access capacity shall be utilized by the Grantee until all other channel capacity on the cable system has been programmed, (d) Access channels permitted by the City for "interim" use by orcpublicpaccess use whe ever the ecriter governmental, subsection c(b) Dare exceeded for any one of the existing access channel uses or whenever the demand for use as demonstrated by records of each access channel indicate that an excessive number of people or programs are being turned away by lack of channel capacity available. Sec. S 1/2-93. New Developments. (a) Subsequent to each Reevaluation Session, as set forth in Sec. S 1/2-22 and in any franchise agreement, the City Council ahall have the authority to order a ` public provision of additional channel capacity byGranteei o on the r` inclusion in the Grantee's Cable System of "state-of-the-art" technology, or upgraded facilities. Notice of such hearing shall prov be ided to Grantee and the public not later than fourteen (14) days prior to such hearing. (b) If after such hearing, the City Council determines that (1) there exists a reasonable need and demand for additional channel capacity and/or state-of-the-art technology g a facilities, and (2) provision has been made or cbe made for reasonable rates which will allow Grantee a fair rate of return on its investment (includin the investment required to provide the additions' channels and/or the state-of-the-art technology, or upgraded facilities), and (3) will not result in economic waste for the Grantee, the City Council may order Grantee to pro- PAGE 39 i I vide a specified number of additional channels and/or specified state-of-the-art technology or upgraded facilities. In consider- ing the economic feasibility of required system improvements the City Council may consider the extension of the term of the fran- chise to permit the recovery of the cost of said improvements. Any proposed extension of a franchise shall be treated procedurally in accordance with the procedure for franchise renewal. Without implying any limitations as to other provisions of this Chapter, this Section is deemed a material provision within the meaning of Section 5 1/2-23 of this Chapter. Sec. 5 1/2-96 5 1/2-99. Reserved. ARTICLE X. MISCELLANEOUS Sec. 5 1/2-100. Severability. If any section, sentence, clause or phrase of this chapter is held unconstitutional or void, such unconstitutionality or void- ness shall not affect the validity of the remainder of the chapter. Provided, however, that in the event that any section hereof is held invalid, that such section or sections will be renegotiated by the City Council and the Grantee. Sec. 5 1/2-101. Rights Reserved to City. (a) Nothing contained in this Chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of a Grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and gust value, which shall not include any amount for the franchise itself, or for any of the rights or privileges granted, and nothing contained in this Chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain. 1 (b) There is hereby reserved to the City every right and power which is required to be reserved by the provisions of this Chapter or by Local State or Federal law, and a Grantee, by its acceptance of any Iranchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power heretofore or hereafter enacted or established. (c) Neither the granting of any franchise under the provisions PAGE 40 I f I of this Chapter nor any provision of this Chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (d) The City Council may do all things which are necessary and convenient in the exercise of its jurisdiction under the pro- visions of this Chapter and may determine any question of fact which may arise during the existence of any franchise granted under the provisions of this Chapter. The City Manager i hereby authorized and empowered to adJust, settle, or compromise any controversy or charge arising from the operations of any Grantee under the provisions of this Chapter, either on behalf of the City, the Grantee, or any subscriber, in the best interests of the public. (e) Insofar as it is not inconsistent with or otherwise pre- empted by Federal or State regulations, the City Council retains all authority to regulate non-cable communications to the extent necessary to assure the delivery of proposed non-cable services, if any, and that they are in compliance with all regulatory provisions of this Chapter. SECTION 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation'of this ordinance is committed, or continued, and upon conviction of any such viola- tions such person shall be punished within the limits above. SECTION IV. That the City Secretary is hereby directed to cause the 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 this ordinance and shall becomeffective the day of PASSED AND APPROVED this thi day of , 1983. RAY STEPHENS$ MAYOR PAGE 41 All ATTEST: i JENNIFER WALnT§-,CrTT-nTnTM I j APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: a v I I I t f i I~ I 1 !I i f F p PAGE 42 l wig MINUTES CABLE TV ADVISORY HOARD AUGUST 31, 1968 PRESENT Charlie McNeil 0. L. Seligmann, Chairperson Darlene Whitten ABSENT Jim Alexander, Council Liaison Meta Carstarphen Joseph Fearing STAFF PRESENT Debra Adami-Drayovitch, City Attorney Julia Moore, Administrative Analyst The Cable Television Advisory Board meeting was called to order b/ Chairperson Seligmann at 6113 P.M., on Wednesdays August 31, 1988, in the Utility Conference Room of the Service Center, 901 Texas Street. ITEM !1 The board unanimously approved the minutes of the July 21, 1986, and July 270 1988, CATV board meetings. ITEM 12 i The board reviewed the proposed amendments to Chapter SI of the Code of Ordinances. Charlie McNeil stated that the issue of VCR and ;emote control compatibility was very important and the board should continue to pursue options to assist the customer in obtaining it user friendly system. Darlene Whitten expressed a concern that Section 51-77(9) did not include the Center for the Visual Arts and the Raynor 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 Sec- tion 51-77(9) referred to the provision of basic cable drops and that I i 1jm0902887311 i CABLE TV ADVISORY BOARD MINUTES August 31, 1988 Page 2 the provision of two way service to the two „rts 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 Atts Council. Therefore, a provision to this effect will be included in the new franchise agreement. Chairperson Seligmann expressed a concern that Section 5J-69 would lock the City into receiving a maximum of 5 percent for a franchise fee and 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. Ms. 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. ITEM 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 theme would be submitted to the M City Council for their approval. Darltne Whitten suggested that the I newspaper should be provided with information prior to tho meeting in order to inform the public of the refranchisement process and issues. ITEM /4 I Staff opened a discussion on changing the meeting nights and the board f agreed to meeting on Thursday instead of Wednesday. Staff also briefed the board on the status of cable service to the down- town square area - cable has been laid and Sammons should be contacting the individual businesses within the next two weeks, i The meeting was adjourned at 800 P.M. i I ljm09028873/2 1 I SUMMARY OF CITY OF DENTON/SAMMONS COMMUNICATIONS, INC. DISCUSSION OF CATV BOARD RECOMMENDATIONS NEGOTIABLE ITEMS BOARD RECOMMENDATIONS AGREED UPON TERMS Standby power supply of two hours. Same Local origination programing. Minimum of 400 total hours of Minimum number of hours produced local origination. k annually - 400 to 600. 100 hours can be supplied using programming from other Sammons sources. I~ 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 "&is. This does not in- clude the annual training session sponsored through the Denton Independent School District. Drop request to equip the Council Sammons will provide a $60,000 Chambers in return for $60,000 grant due in one lump sum payment grant to purchase equipment for at the time the franchise agree- operation of local government ment is signed. If City decides to channel. equip Council Chambers, that cost would be drawn from the $60,000 grant. I I Maximum payment f!on Sammons of Maximum payment from Sessions of r $35,000 for refranchitament coats. $35,000 for refranchisement costs due in one lump sum at the time of rr the signing of the franchise agree- went. f i1 h SUMMARY OF RECOMMENDATIONS Page 2 I BOARD RECOMMENDATIONS AGREED UPON TERMS i 15 year franchise term in return fort Sammons agrees with the stipulation - payment of rafranchisement that the city select three fee 033,000) nationally recognized consultants - training sassions for public to perform review and Sammons has access use to agree on one. Maximum cost of - performance review to be review not to exceed $25,000 CPI. conducted at the midpoint of the franchise agreement. Costs associated with perfor- I manes review which can include ' but are not limited to a consumer survey, technical review and financial analysis, are to be paid by cable operator. i I ' I i ~ R i 1 r ~ t F 1 7 i h r i OEM= I E i i i '1 -T I'll r--7 DATE: October 20, 1988 CITY COUNCIL REPORT FORMAT 3. Off' TO., Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager SUBJECTt Adoption of an ordinance granting a franchise to Sgruaas Communications, Inc. to construct, reconstruct, operate and maintain a cable television system in the City of )enton and setting forth conditions accompanying the grans of the franchise. RECOMMENDATION: The Cable Television Advisory Board and staff recommends approval. SUMMARY: This ordinance contains provisions which include an upgrade of the cable system from 36 to 60 channels, increased selection of types of programming, an ; increase in the annual franchise fee payment and stringent customer service standards. This ordinance will also allow the City to effectively monitor the operations of Sammons and ensure that the subscriber receives quality service, i BACKGROUNDi j I The refranchisement process has included public hearings, a consumer survey of Denton residents to determine their views regarding cable television service, a technical and financial evaluation of Sammons Communications, Inc., the development of a Request for Proposal and finally the negotiation of terms as ' ohown in this ordinance. In order to comply with procedures outlined in the 1984 Cable Communications Act, the City must either (a) renew the franchise, or (b) issue a preliminaty f assessment that the franchise should not be renewed and state grounds for denial which must be one of four reasons outlined in the 1984 Act. Renewal or denial must take place before November 8, 1988. i i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED= All City departments will be affected through the development and operation j of a local government channel. Training can be coordinated through the cable system, especially in the arcs of police and fire activities. I Citirens will benefit through the increase in varier of ' y programming, availability of new services such as Pay Per View and expanded opportunities for the training and use of the Public Access facilities. 1jm10208893/1 I w f CITY COUNCIL REPORT FORMAT October 20, 1988 Page 2 FISCAL IMPACT: This will have a very positive fiscal impact on the City. Franchise fee revenues will increase from 3 percent to 5 percent of Sammons' annual gross receipts. The City will also receive a $60,000 grant from Sammons to purchase equipment for the operation of a local government channel and a $31,027 payment for reimbursement of refranchisement costs. Respectfully submitted, I E 4Lyd . Harr ell nager Prepared by: Julil Moore Administrative Analyst Approved by: Hill Angelo Director of Community Services M 4 1 I 1 I ljm10208893/2 i 1 I 1 1W '"Nor, 9 1 I I 1D I CITY of DENTON, rEXAS_ MUNICIPAL BUILDING / DEN TON, TEXAS 76101 / TELEPHONE (817) 566.8200 ` DATEi October 20, 1988 Ir TO: Bill Angelo, Director of Community Services I ` FROM! Julia Moore, Administrative Analyst RE: SUMMARY OF CABLE TELEVISION FRANCHISE RENEWAL PROVISIONS { i 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 between the City of Denton and Sammons Communications, Inc. These terms are included in the attached ordinance which is to be considered for adoption by the City Council at its November 1, 1988 meeting. The following is a summary of the mayor provisions of the new franchise agreement. j * 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. * Upgraded system will have two way service capability through- ' out the entire system - only downstream (headend to subscrib- er) to be activated initially. i ; * Sammons Communications will pay to the City of Denton a sum of $31,027 for refranchisement costs. This payment is due in one lump sum at the time the franchise agreement is signed. i * Five access channels will be provided for the following designated usesi North Texas State University, Texas Woman's University, Public Access/Local Origiration, Local Govern- j ment/Denton Independent School District, Educational Access, f t ljm10208894/1 SUMMARY OF CABLE TELEVISION FRAN:HISE RENEWAL PROVISIONS October 20, 1988 Page 2 * Sammons will provide a $60,OOD grant to the City for purchase of equipment to operate the Local Government channel. This grant is due in one lump sum payment at the time the franchise agreement is signed. Any costs 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. * 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 MacKenna Park Tower Agreement. * Sammons shall continue to provide public access facilities including a studio and production manager, * Sammons will produce a minimum of 400 hours of local origins- tion programming annually. One hundred (100) of these hours can be supplied using programming from other Sammons sources. f * Sammons will be required to keep a list of inquiries on public access training and conduct training sessions on a quarterly basis. { * Sammons will provide an instructor and facilities free of charge for annual training sessions offered through the Denton Independent School District, * Sammons and the City of Denton will mutually agree upon the i i 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 upon the rates. * Signal quality dispute prov sion to be included - if thero is a dispute between the user cf an access channel and the cable operator concerning the quality of the audio/video signal, at the requeat 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 ljm10208894/2 S1WWY OF CABLE TELEVISION FRANCHISE RENEWAL PROVISIONS October 20, 1988 Page 3 will be required to pay for the cost of the testing and _ analysis performed by the engineer. 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. (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. (c) Sammons shall obtain and maintain sufficient telephone lines and staffing so as not to unreasonably delay the answering of all telephone calls. The City, upon receiv- ing repetitive documented complaint.- from subscribers regardiis^ their inability to reach the cable company during non-emergency, non-system outage periods, may seek the remedy provided in the regulatory ordinance (liq- uidated damages). j i (d) Sammons is to respond to complaints promptly, and if possible resolve complaints within 24 hours - Sammons 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 to subscribers annually. A telephone number for sub- scriber complaints shall be di-,played 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 lose of service. f (f) Sammons shall provide at least 10 days written notice prior to discontinuance of service to the subscriber. E i . F ljm10208894/3 SUMMARY OF CABLE TELEVISION FRANCHISE RENEWAL PROVISIONS October 20, 1988 Page 4 (g) All personnel, agents and representatives of Sammons including subcontractors shall wear photo identification badges. (h) Sammons shall provide advance notice, in light of circum- stances, prior to entry, whenever desiring to enter any private property. (1) 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 morning or afternoon visit. 3 j (j) 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 e 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 followingt A. Provide full channels for Arts and Entertainment and Nickelodeon which presently share a channel. I B. Add two new channels, Discovery and the Weather Channel. C. Add a "Pay-Per-View" channel. * Sammons will continue to provide the beat system currently k 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, r ljm10208894/4 wlqw WWI f SUMMARY OF CABLE TELEVISION FRANCHISE RENEWAL PROVISIONS October 20, 1988 Page 5 * The length of the new franchise agreement will be fifteen (15) years with a midpoint performance review which can include but is not limited to a consumer survey, technical review and financial analysis. The costs associated with this review are to be paid by Sammons with the maximum Cost not to exceed $25,000 CPI. The City of Denton will provide a list of three nationally 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 reai- dents to deteroine their views regarding cable television service, a technical and financial evaluation of Sammons Communications. Inc. conducted by CTIC and Associates, the development of a Reques for Proposal and finally a public hearing on the renewal terms. In order to comply with renewal procedures outlined In the Cable Communications Policy Act of 1984, staff is recommending the adoption of an ordinance granting a franchise to Sammons Communications, Inc. on November 1, 1988. I will be happy to provide any further information if needed. I I JM/sC } S j I 1 I I i i 1 i i ~ I k ljm10208994/5 i 1 T 1 CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS k AND 4 SAMMONS COMMUNICATIONS, INC. C # E I I! E E f -1 I t I L I i TABLE OF CONTENTS SECTION I. TITLE .....................................2 r SECTION II. PREAMBLE ..................................2 SECTION III. DEFINITIONS ...............................2 SECTION IV. GRANT OF AUTHORITY ........................2 SECTION V. POLICE POWER ..............................3 SECTION VI. SYSTEM UPGRADE AND TIMETABLE ..............3 j SECTION VII. IDEMNIFICATION AND INSURANCE 4.... 5 SECTION VIII. COMPLAINT PROCEDURE .......................6 SECTION IX. CONSTRUCTION AND MAINTENANCE ..............7 { SECTION X. CONSTRUCTION AND EXTENSION ................B ;SECTION XI. CONSTRUCTION BOND REQUIRED ...••..•9 SECTION XII. GOVERNING LAW ...........................•10 1 SECTION XIII. FRANCHISE TERM ...........................10 i SECTION XIV. RENEWAL PROCEDURE ........................10 SECTION XV. PERFORMANCE REVIEW .......................i0 SECTION XVI. REPLENISHING LETTER OF CREDIT............ 10 SECTION XVII. SECURITY FUND ............................11 I SECTION XVIII. FORFEITURE ..........................••••.13 ......................13 f . I SECTION XIX. TRANSFERS,,.,,,* SECTION XX. FRANCHISE FEE ............................13 h SECTION XXI. RATES ....................................14 SECTION XXI1. ACCESS TO SERVICES AND FACILITIES........14 SECTION XXI'_. EMERGENCY OVERRIDE...............••••••••11 i SECTION XXIV. PROGRAMMING MIX..................•••••••.17 k k ii I r i SECTION XXV. FORCE MAJEVRE ............................17 SECTION XXVI. NOTICES ..................................18 SECTION XXVII. SAVINGS CLAUSE ...........................19 SECTION XXVIII. CONFLICTING ORDINANCES AND ...............19 1 RESOLUTIONS SECTION XXIX. FEES..................................... 19 SECTION XXX. PAYMENT OF TAXES 19 SECTION XXXI. NON-LIABILITY ............................20 SECTION XXXII. WAIVERS ..................................20 SECTION XXXIII. APPROVAL AND ACCEPTANCE ..................20 3 i r I { i t i E f w h I r { 2518L ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., TO CON- STRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE; PRO- VIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: WHEREAS, the City is authorized to grant, renew and deny franchises for the installation, operation and maintenance of { cable television and other telecommunications systems, and otherwise to regulate cable television within the City's boundaries by virtue of (i Federal and State statutes, (ii) the City's police powers, (iii) the City's authority over its public rights of way, and (iv) other City powers and authority; and 1 WHEREAS, the City has undertaken an extensive review of cable television service in the City, including but not limited to a review of Sammons Communications, Inc., its respective records of F service, its facilities, the cable television-related community t needs of the City and its citizens for both the present and future, Sammons Communications, Inc.'s ability to carry out each of its commitments as set forth herein and in related documents, the experience and character of Sammons Communications, Inc. management teams and Sammons' financial, legal and technical qualifications to maintain and operate a cable television system franchise in the City in a manner which would serve the public interest of the citizens of the City; and WHEREAS, the City hereby finds that it would serve the public interest of the citizens of the City to grant a cable television franchise to Sammons Communications, Inc., subject to the terms ' and conditions hereinafter set forth, and Sammons Communications, Inc. voluntarily agrees to such terms and conditions; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: SECT I. TITLE. known and may be cited as "Cable TV This ordinance shall be Franchise Ordinance." SECTION 11. PREAMBLE' public This ordinance was passed after a full, open and hearing upon prior notice and opportunity of all interested on of Siegal parties to be heard and upon careful considerati its legal, COMMUNICATIONS, INC.'S, qualifications, including financial and technical qualifications. SECTION_ III. DEFINITIONS. For the purpose of this ordinance, and when not inconsistent with context, words used herein in the mpresent andatory ca tSthe future, the word "shall is always y con aid supplied herein for r ec of law snare snot rpe t vof ithee section, and tion. captions have no fo are not to be used in c hrases, as huseda herein,o shall becgiven The following terms and p the meanings set forth below: municipal corpo- ration "City" is the CITY OF DENTONI TEXAS, a ration urler the laws of the State of Texas. (2) "Grantee" is SAMMONS COMMUNICATIONS, INC., a corporation organized and existing under the laws of the State of 4 Delaware, duly qualified and authorized to o business franchisee oferights under this franchise. the grantee State of Texas and it is (3) TEXAS, Council" disi the city a CITY OF DENTON, E the meaning set j As used in this document, a word shall forth in Chapter 5~~1/2 of the City's Mie pa le Ii, of ordinances (hereinafter, the Cable Ordinance") at unless it i apparent from the context that it has a different meaning, or unless such word is specifically defined herein. The term Inc. or a "Grantee" shall refer to Sammons Communications, under e eliability wholly-owned subsidiary of Sammons ormtha~ th control with or controlling Sammons (provided of Sammons and each affiliated entity its sucting as Crtnt eundeeerhereunder shall be joint and sever SECTION IV. GRANT OF AUTHORITY. There is hereby granted by the City to Grantee right and operate and maintain privilege to construct, reconstruct, erect, PAGE 2 I in upon, along, across, above, over or under the streets, alleys, easements, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto in the City, all poles, wires, cables, underground conduits, and other conductors and fixtures necessary for the maintenance and operation in the City of a cable television system for the transmission of television signals and other signals, utility separately or upon or in conjunction wlthof any p necessary and maintaining the same in the Citepertaining thereto. desirable appliances and appurtenances Without limiting the generality of the foregoing, this franchise and grant shall and does hereby include the right and over, under, and upon streets, sidewalks, alley, easements, P rate grounds an~i laces in the City by leasin~lorelicensi g, all lines an way ac cquire the use of, Y and and equipment subscribers and the righteto repair, make connections to the right and connections. replace, enlarge and extend said lines, equipment SECTION V. POLICE POWER. Grantee shall, at all times during the term of this aof chise,be subject to all lawful exercise of the police power the City. The right rovi ionshereby herein reserved containedCiandtoanyopother addition to the p existing applicable ordinances, such additional applicable ordinances as it shall find necessary in the exercise of its police power; provided that such additional ordinances shall not man substantially rented herein, and conflict conflict withnthe laws the he rights g of the State of Texas, the laws of the United States of America, or the rules of the Federal Communications Commission. All terms, conditions and provisions of the Cable Ordinance shall be deemed to be embodied in this Agreement and Grantee does hereby agree to comply with the terms of said Ordinance. I, SECTION VI. SYSTEM UPGRADE. AND TIMETABLE. (a) Within the time period specified in (b) of this section, the Grantee shall have completely upgraded and initiated a vCable ideo System which has the capability of delivering sixty (60) rode channels over 450 MNZ Cable bandwidth (the Cable System") channels. usage of and t capacity with shall use its beat non-duplicated efforts to such Pcity (b) The Grantee shall exercise its beat good faith efforts in ex edits construction of the Cable S ntem Upgrade required subsection above in a sound and economical manner. Subject to the provisions of. Section XXV. (Force Majeure) hereof, Grantee shall meet the following schedule. PAGE 3 I a I (1) Submission of all applications for authorizations necessary to begin initial construction of t.ie cable system upgrade on or before July 1, 1990. (2) initialgconall struction authorizations tthe s Cable necessary Upgrade on or before September 1, 1990. (3) Completion of all of the construction of the Cable System Upgrade on or before November 1, 1993. (4) The Cable System Upgrade shall have the capability to transmit video, voice and data services in two directions simultaneously ("two s way services"). Two-way services shall be instituted at such time as it is consistent with federal and state laws and regulations and it is economically and technically feasible; provided, however, it shall be Grantee's burden to demon- strate to the City's satisfaction, upon request of the City at any time, that it is not econo- mically or technically feasible to institute such two-way services. (5) Grantee shall have completed the installation of alternative (standby) power sources at the j headend on or before May 1, 1989. TL reafter, Grantee shall maintain such power sources so that all Cable System and work lines and sub-stations may be maintained at full power for at least two (2) hours beyond the time when normal power sources serving the Cable System # have ceased. { (6) Grantee shall provide the capability for inser- tion of video programming and other video, voice and date messages into the Cable System from the following points in the City: Municipal Building, 215 E. McKinney, Central Fire Station, 217 W. McKinney, Service Center, 901 Texas Street, Police Station, 221 N. Elm, Library, 302 Oakland and Civic Center, 321 E. McKinney. Grantee shall complete construction of such cable lines not later than November 1, 1993. In addition to the above-designated points for insertion of video programming and other video, voice and data messages into the Cable System described above, Grantee shall provide a central PAGE 4 I i insertion point for the Cable System within the City, which shall be one of the points described above and which shall include signal switching _ and processing equipment as is reasonably required to allow those utilizing the insertion points listed above to transmit to the other insertion points of the Cable System, or to transmit to all subscribers, at the City's option. Prior to designating the central insertion point for the Cable System within the City, Grantee shall obtain the prior written consent of the City Manager to such designation. (6) Grantee shall, not later than November 1 1993, provide and maintain two access channels designated for the following uses: (a) Local Government/Denton Independent School District (a shared channel) (b) Educational Access (c) The Grantee shall submit its drawings and specifications for the Cable System Upgrade to the City not later than Jyly 1, 1990, provided, however, that the City assumes no liability or responsibility whatsoever for the design or construction of the Cable System Upgrade by virtue of its receipt of such drawings and specifications, it being understood that the City's approval of such drawings and specifications shall not be required. At the time the Grantee submits such drawings and specifications to the City, the Grantee shall also submit a detailed plan of action } for the accomplishment of the Cable System Upgrade, including, without limitation, performance criteria which will permit the E City to monitor the Grantee's progress toward completing the i Cable System Upgrade in a timely fashion, SECTION VII. INDEMNIFICATION AND INSURANCE. Grantee shall hold the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever against the City resulting from any negligent act or omission on the part of Grantee in the construction, operation or maintenance of its Cable System in the City in accordance with Section S 1/2.76 of the Cable Ordinance. For this purpose, Grantee shall carry property damage and personal injury insurance with some responsible insurance company or companies qualified to do business in the State of Texas. The amounts of such insurance to be carried for liability shall be not less than those amounts set forth in the Cable Ordinance and as set forth in Exhibit 1 to this Ordinance, PACE 5 SECTION VIII. COMPLAINT PROCEDURE. (a) Grantee shall maintain a business office in Denton for _ the purpose of receiving inquiries and complaints from its customers and the general public. (b) Grantee shall establish and maintain procedures for receiving, acting upon, and resolving subscriber complaints and complaints by the City to the satisfaction of the City's City Manager and any proposed charges to said procedures shall be submitted to the City Manager for his approval, which shall not be unreasonrbly withheld. Grantee shall provide written notice of such procedures to subscribers at least once a year. (c) The Grantee shall respond to complaints made by the City or subscribers of the Cable System promptly and, if possible, shall resolve complaint more Grantee. Grantee shall maintain complete, detailed records relating to its maintenance and operation of the Cable System which shall be available for inspection by representatives of the City City's any normalshalbusilnesressphouondrstoofCtheity Ciny p writing within twenty-four (24) hours following receipt of such request by the Grantee regarding any complaint which takes longer than one week to resolve. (d) Grantee shall provide a local, toll-free telephone service for subscriber complaints to be answered twenty-four (24) hours each day in accordance with the schedule set forth in Exhibit 2. Such tale hone number shall be prominently displayed on the first page ofd each customer bill and in the telephone directory of the City of Denton. (e) Grantee shall provide at least ten days (10) days written notice prior to discontinuance of service to any subscriber of the Cable System. If Grantee has improperly disconnected Cable System service to any subscriber, it shall provide free recon- nection to the Cable System to such subscriber. (f All personnel, agents and representatives of Grantee, including subcontractors, shall wear photo-identification badges, prominently displayed, when acting on behalf of the Grantee in the City. (g) Grantee shall provide advance notice in writingtto the o entry prior resident of any private property within the City onto suA property wherever the Grantee desires that any of its personnel, agents or representatives should enter such property. This requirement shall apply only when it is reasonable under the PAGE 6 i circumstances at the time and Grantee shall not be required to provide such notice in emergencies. (h) Grantee shall notify each subscriber of the Cable System in advance of the expected time of any service visit to such subscriber's premises. Such notification shall specify whether the anticipated service visit will be before or after noon. Grantee shall accommodate the subscriber with respect to the subscriber's expressed preference for a morning or afternoon service visit. (i) Grantee shall, not less than once a year, provide subscribers of the Cable System, and potential subscribers, with a complete list of service offerings, options, prices, and credit policies associated with the Cable System. (j) Grantee shall establish and maintain sufficient telephone lines and personnel so as to not delay unreasonably the answering of all telephone calls. The City, upon receipt of documented complaints from more than ten subscribers during a single business day between the hours of 8:30 a.m. and 6:00 p.m. y regarding their inability to reach a live, personal representative of Grantee during non-emergency, non-system outage periods, may seek liquidated damages as provided in Section S 1/2-62 of the Cable Ordinance. i E SECTION IX. CONSTRUCTION AND MAINTENANCE. (a) All structures, lines and equipment erected by Grantee within the City shall be so located as to cause minimum inter- ference with the proper use of streets, alleys, easemdnts, and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners, and Grantee shall comply with all reasonable', proper and lawful ordinances of the City now or hereafter in force. Existing poles, posts, conduits, and other such structures of any electric power system, telephone company, or other public utility located in the City shall, when possible, be made available to Grantee for leasing or licensing upon reasonable terms and rates and shall be used to the extent practicable in order to minimize interference with travel and avoid unnecessary duplication of facilities. Poles owned by City shall be made available to Grantee for its use under the terms, conditions and provisions of a separate Pole Rental Agreement to be negotiated between the parties. (b) Grantee shall not open or disturb the surface of any street, sidewalk, driveway or public place for any purpose without first having obtained a permit to do so in accordance with applicable ordinances, including, but not limited to, PAGE 7 Chapter 21 of the Code of Ordinances, exceptto h commencing shall not be required to post a bond prior a any fees in disturbance. Grantee specifically agrees to pay connection herewith required by City rdingidewalkln drs ewof any disturbance by the Grantee of pavements, - other surfacing, Grantee shall, at its own cost and expense and o in a manner approved by the City, replace and restore all paving$ s ood conditi sidewalk ' driveway aid wok or was surface so disturbed in as g as before changer any streets (c) In the event that at shall electy toi alt duriong the franchise the City ty alley, easement, or other then in wasU hqu event theGrantee,io upon Grantee's facilities, , shall remove, relay, and reasonable notice from the City, 4 relocate the same at its own expense. (d) Grantee shall, on the request of any person holding a building moving permit issued the the City, temporarily r ise Tor lower its lines to permit moving of the buing expense of such temporary removal shall be paid by the person to require payment,inandvan Grantee shall have the authority 's (e) All poles, lines, structure or other facilities owned by Grantee in, on, over mid under the streets, sidewalks, alleys and roun byeasGranteeements allltimes in a safe and substantialtcondition a kept SECTION X. CONSTRUCTION AND EXTENSION. (a) In r.onjunction with submittal of its proposal for renewal, Grantee has submitted a construction plan, art ofy the which is hereby incorporated by reference atid Part O t 2 franchise agreement. The plan, clod hereto ec as specifics a2% includes system design details, equipment, sp design performance criteria, a map of the entire franchise area and clearly delineates the following. (1) The areas within the franchise area where 'he sub- ,st iclding uare sschedule available scribers, construction for each year that construction or reconstruction is proposed. (2) The areas system within cannot t reasonably franchise be extendede due t cable to lack of present or plcnned development or other similar reasons, with the areas and the reasons for not serving them clearly identified on the map. PAGE 8 (b) Nothing in this section shall prevent the Grantee from constructing or reconstructing the system earlier than planned. However, any delay in the system construction beyond the times specified in the plan report timetable must be submitted to and approved by the City Council. (c) Extension of the Cable System into any areas not specifically addressed in the plan shall nonetheless be required if the terms of any of the following conditions are met: (1) Upon request of potential subscribers, a Grantee shall extend the system to any contiguous area not designated for initial service in the plan when there exists a density of 35 homes per street mile for aerial cable or 50 homes per street mile for underground cable. Extension shall be at Grantee's cost. If underground installation is required by regulation, Grantee a must make installation at Grantees expense. Where aerial extension is allowed by regulation but underground installation is requested by benefited subscribers the coat of undergrounding j that exceeds the estimated aerial extension cost may be charged to such benefited subscribers. (2) In areas not meeting the requirements for manda- tory extension of service, Grantee shall provide, upon the request of five (5) or more potential subscribers desiring service, an estimate of the costs required to extend service to said sub- scribers. Grantee shall then extend service upon request of said potential subscribers according E to the rate schedule. Grantee may require advance I 4 payment or assurance of payment satisfactory to { Grantee. The amount paid by subscribers for early extension shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension. (d) Grantee shall construct, install, operate and maintain its system in a manner consistent with detailed construction standards submitted by Grantee as a part of its application. Grantee agrees to comply with the Codes, and any supplements or amendments thereto, referenced in its proposal. PAGE 9 SECTION XI. CONSTRUCTION BOND REQUIRED. Pursuant to Section 5 1/2-63 of the Cable Ordinance, the file the with tion amounts ofh$1,000 000 not lateri yy than August 1 , 1990 ondThen cone struction bend shall be terminated only after the City Council finds that the Grantee has satisfactorily completed recor. struction of the cablt system pursuant to the terms of the Cable Ordinance and this franchise agreement. SECTION XII. GOVERNING LAW. This franchise is governed by and subject to all appplicable provisions of the Communications Act of 1934, as amended in 1984, and regulations promulgate,) by the Federal Communications 4 Commission pursuant thereto as well as the laws of the State of Texas, not inconsistent therewith. r SECTION XI?.I. FRANCHISE TERM. This franchise shall take effect and be in full force from and after accepptance by Grantee as provided in Section XXXIII., and the same ahall continue in full force and effect for a term s of fifteen (15) years. SECTION XIV. RENEWAL PROCEDURE. This Franchise Agreement shall be subject to renewal in accordance with the terms and conditions of Section 626 of the Cable Communications Policy Act of 1984, 47 U.S.C. 546, as now in force and effect or hereafter as amended. I SECTION XV. PERFORMANCE REVIEW. j The parties agree that the City shall have the right to con- duct a performance evaluation with the Grantee and the citizens of the City relating to this Franchise Agreement, commencing in j the seventh year subsequent to the date of Grantees acceptance of this franchise. The Grantee agrees to incur the costs of the evaluation and the City's ascertainment of the current cable- related needs and interests of the City's residents; provided, however that the total payment by the Grantee shall n shall exceed Twenty-Five Thousand ($25,000.00) Dollars. This sum adjusted on the basis of the proportion that the then all Urban Consumer Price Index (CPL-U) for the Dallas/Fort Worth Standard Metropolitan Statistical ArF.a bears to the January, 1988 index, which was The City shall provide Grantee with the names of three nacTonally recognized independent cable television consulting firms and the Grantee, together with the City, shall PAGE 10 select one of the three consultants to perform the evaluation, Grantee agrees that such costs are in addition to and not to be deducted from the franchise fees due the Ci~y, SECTION XVI. SECURITY FUND. (a) Within twenty (20) days after the effective date of a franchise agreement, the Grantee shall deposit with the City's Executive Director of Finance, and maintain on deposit through the term of the franchise, the sum of Sixty-Five Thousand ($65,000) Dollars in monies, as security for the faithful performance by it of all the provisions of this franchise a reement, and compliance with all orders, permits and directions of any agency of the City having jurisdiction over its acts or defaults under this contract, and the payment by the Grantee of any claims, liens and taxes due the City which arise by reason of the construction, reconstruction, operation or maintenance of the system and the payment by the Grantee of any penalties or liquidated damages due the City pursuant to this franchise 3 agreement, i (b) The City Manager may draw upon the security fund in the event of any of the occurrences set forth in this Section and in Section 5 1/2-62 of the Cable Ordnance. Within ten (10) daya after notice to it that any amount has been withdrawn from the security fur:d deposited pursuant to subdivision (a) of this section in accordance with Section 5 1/2-62 (Liquidated Damages), s the Grantee shall ?ay to or deposit with the Executive Director i of Finance a sum of money sufficient to restore such security fund to the original amount of $65,000 Dollars. Failure to restore said security fund to the original amount shall constitute a material breach. (c) Examples of a basis for drawing upon the security fund include, but are not limited to the following: r r i 1. failure of the Grantee to pay to tho City any taxes after ten (10) days written notice of delinquency; 2, failure of the Grantee to pay to the City after ten (10) days written notice, any amounts due and owing the City by reason of the indemnity provision of Section 5 1/2.18 of the Cable Ordinance; (3) failure by the Grantee to pay to the City, any liquidated damages due and owing to the City pursuant to Section 5 1/2-62 of the Cable Ordinance; (4) failure by the Grantee to pay to the City any amounts due pursuant to section 5 1/2-21(g) of the Cable Ordinance; PAGE 11 Gra (5) wfailure ritten noticee, anynamountspowing pas franchise fees purse,%nt to Section 5 1/2-69 of the Cable ordinance. (d) The security fund deposited pursuant to this Section shall become the property of the City in the event that this _ contract is cancelled by reason of the default of the Grantee. The Grantee, however, shall be entitled to the ret+-rn of such the security Executive fund, Director portion tFinance rat fthe sexpremains on iration ofdthes term with franchise agreement, provided that there is then no outstanding default on the part of the Grantee. (e) The rights reserved to the City with respect to the security fund are in addition to all other rights of the City whether reserved by this contract or authorized by law, and no se of rci action roceedi t with security pfund shall affect any other righththe Cityrmayehave to such SECTION XVII. LIQUIDATED DAMAGES, (a) The parties agree to the liquidated damages specified in Section 5 1/2.62 of the Cable Ordinance, as adopted on the let day of November, 1988, but without prejudice to any other remedies available to the parties hereto to the extent permitted by law. i The parties agree that the liquidated damages set forth in the ' ordinance may be greater or less than the City's actual damages and such damages represent the best estimate by the parties hereto as the likely extent of such damages. The liquidated damages are not intended to constitute a penalty, but rather, are designed to k save the parties from having to engage in costly liti- gation with regard to the extent of such damages. In addition to the amounts set forth in the Cable Ordinance, the following liquidated damages shall apply: For breach of any service standards adopted pursuant to Section VIII., hereof: 200.00 per day (b) If the City Manager determines that the Grantee is liable I~ for liquidated damages, he shall issue to the Grantee by certi- fied mail a notice of intention to assess liquidated damages. The notice shall set forth the basis for the assessment, and shall inform the Grantee that liquidated damages will be assessed from the date of the notice unless the assessment tnotice is appealed for hearing before the City Council. Mires a hearing before the City Council, it shall send a written notice of appeal. by certte fie on Cm ail the the City City sentManager de the within ten (10) days of the PAGE 12 s 1 ~ notice of intention to assess liquidated damages, In the event the City Manager receives such a notice from the Grantee, the hearing on the Grantee's appeal shall be held within thirty (30) days of the date on which the City sent the notice of intention to assess liquidated damages unless mutually extended by the City and the Grantee, After such hearing, and based on the facts before it, if the City Council finds (a) that an extension of time or other relief should be granted, or (b) that there was never a violation then it shall waive the City Manager's assessment of liquidated damages. If the City finds that the facts warrant the assessment of liquidated damages, or any portion thereof, the City may at any time thereafter draw the amount of liquid damages from the security fund established pursuant to Section 5 1/2-61 of the Cable Ordinance up to the full amount of accrued liquidated damages to such date. In considering whether or not to waive all or a portion of any liquidated damages assessable against the Grantee hereunder, the City shall consider, without limitation, the number, frequency and magnitude of any prior breaches of this Agreement by the Grantee and the speed with which the Grantee cured such breach or breaches, SECTION XVIII. FOP.FEITURE. If Grantee should violate any of the terms, conditions or provisions of this franchise or if Grantee should fail to comply with any reasonable provisions of any ordinance of the City regulating the use by Grantee of the streets, alleys, easements or public ways of the City, and should Grantee further continue to violate or fail to comply with the same for a period of thirty (30) days after Grantee shall have been notified in writing by the city to cease and desist from any such violation or failure to comply so specified, then Grantee may be deemed to have forfeited and annulled and shall thereby forfeit and annul all the rights and privileges granted by this franchise; provided that such forfeiture shall be declared only by written decision of the City Council after following the procedures set forth in Section 5 1/2-23 of the Cable Ordinance and an appropriate public proceeding before the City Council affording Grantee due process and full opportunity to be heard and to respond to any such notice of violation or failure to comply; and provided further that the City Council may, in its discretion and upon a finding of violation or failure to comply, impose a lesser penalty than forfeiture of this franchise or excuse the violation or failure to comply uppon a showing by Grantee of mitigating circumstances. Grantee ,hail have the right to appeal any finding of violation or failure to cor,ply and any resultant penalty to or seek relief in any court of competent jurisdiction. In the event of any determination by the City to revoke this Franchise Agreement, PAGE 13 T p such a determination shall be stayed during the pendency of any judicial review thereof. SECTION XIX. TRANSFERS. All of the rights and privileges and all of the obligations, duties, and liabilities created by this franchise shall pass to and be binding upon the successors of the City and the successors and assigns of Grantee, and the same shall not be assigned or transferred without the priur written approval of the City Council, which approval shall be sought and obtained in accordance with Section 5 1/2-26 of the Cable Television Ordi- nance. Grantee specifically agrees to comply with the provisions of said Section 5 1/2-26. SECTION XX. FRANCHISE FEE. In consideration of the terms of this franchise, Grantee ' agrees to pay to the City a sum of money equal to five percent (5x) or the maximum amount 'permitted by law, whichever is greater, of Grantee's gross subscriber revenues per year pursuant to the provisions of Article I of the Cable Ordinance. The Grantee shall pay to the City in quarterly installments within forty-five 45) days after March 30, June 30, Septembor 30 j and December 31 of each year the franchise fee attributable to gross receipts of the Grantee during the preceding quarter. SECTION XXI. RATES, j . To the extent permitted by federal and state law, the City may regulate the following rates, fees and charges: ~ j (1) Rates for the provision of basic cabla service to i subscribers whether residential 'or commercial, I including multiple tiers of basic cable service. (2) Rates for the initial installation or the rental of one set of the minimum equipment which is necessary for the subscribers' receipt of basic cable service. 1 (3) Any other rates for any type of services delivered by the Grantee that may become subject to local regulation. The Grantee may petition the Council for a change in rates subject to regulation by filing a proposed rate schedule with the City Clerk. The procedures outlined in Section 5 1/2-70 of the Cable Ordinance shall then be followed. FACE 14 i 1 r 1r SECTION XXII. ACCESS TO SERVICES AND FACILITIES. Grantee shall provide the minimum range of services required from time to time by the FCC as its regulations presently exist _ or may hereafter be amended including, without limiting the foregoing, public, educational and governmental use channels in accordance with the following conditions: (a) Grantee shall provide and mnintain five channels for public programming, educational programming and governmental programming, three initially and, in the event that the conditions of Section 5 1/2-91 of the Cable Ordinance are met, Grantee shall provide additional access channels. In any event, Grantee shall provide and maintain at least five channels not later than November 1, 1993. (b) The three initial channels, which are being maintained as of the date of Grantee's -.cceptance of this Agreement, shall be designated for the following uses: (1) University of North Texas 2 Texas Woman's University (3) Public Access/Local Organization i (c) The access channels described in subsection (a) above 9 shall be made available for non-commercial use to qualifying applicants without charge when requested all in accordance with the rules hereinafter mentioned. (d) Rules shall be established by the cooperative effort of City and the Grantee regarding access programming, priority o use for the access channel, prohibition of lottery information, obscene or indecent matter, and permitting public inspection of I the complete record of names and addressds of all persons or groups requesting access time. i (e) Should a dispute arise between the user of an access channel and the Grantee relative to the quality of the audio or visual signal, at the request of either, the dispute will be submitted to an inde endent engineer to be jointly selected by City and Grantee. The requesting that such testing be party pay for he cost of testing and d shall be required t erforme p he engineer, unless the engineer shall analysis Y t performed b find that there is a distortion of signal quality. If a distortion is found, the party responsible for causing the distortion shall pay the cost of testing. The Grantee shall provide "A/B switches" and "lock boxes," or similar parental control devices, at a reasonable price to any subscriber upon such subsrriber's request. PAGE 15 i (g) Subject to Section 5 1/2-40 of the Cable Ordinance, the Grantee agrees to provide reasonable equipment to be used by access cable casters with the aid of a technical and production staff to be provided by the cable operator. Equipment that can store programs for later showing shall be provided. In addition Grantee shall make available a centrally located studio to alt access users on t provide, at a minimum, theeproduction requipment ands facilities designated in Exhibit 3. All equipment shall be maintained in good working order by Grantee and shall be replaced as needed, consistent with good operating practice. (h) Grantee agrees to continue to maintain a local programming studio containing the equipment specified in Exhibit 5, and shall provide adequate staffing for the local programming studio and for training of the public in the use of production equipment. Grantee shall keep a log of inquiries by citizens requesting such training and shall conduct free training sessions in use of cable casting equipment and cablecasting techniques not leas than once each three months during the term hereof. (i) Grantee also agrees to provide an instructor and the facilities to train, without charge, once per year, potential access users through sessions offered through the Denton Independent School District. (j) Grantee shall establish rules and rates if necessary, to ensure that the studio is available in an equitable manner provided that Grantee shall not, charge for use of the public and educational access channels unless City has approved the charging of the proposed fee. (k) The parties hereby incorporate by reference the provisions of 47 U.S.C. 532, which provisions are hereby amended rantee and the City, as appropriate. These to apply to the Grantee' provisions are incorporated herein to assure that the widest possible diversity of information sources are made available to the residents of the city from the Cable System in a manner consistent with the growth and development of the Cable System. Grantee shall undertake any and all construction installation necessary to keep current with the latest technological and economically feasible developments in the state-of-the-art cable television, whether with respect to increasing channel capacity, developing new services, and instituting two-way service or any other state-of-the-art technology. Further Grantee specifically agrees to comply with Section 5 1/2-93 of the Cable Ordinance. PAGE 16 I SECTION XXIII. EMERGENCY OVERRIDE. Grantee shall provide and maintain the equipment necessary for the City to maintain an emergency alert system to by remote control, the audio and/or video signal to override, transmit a message regarding a bona fide emergency over all cable video channels simultaneously. Grantee shall designate a channel which will be used for emergency broadcasts. Grantee shall provide a othere items needed nalt,otelephonc dequatslyinsu, modems, thicables and anyy equipment shall be maintained at a location designated byeCity. SECTIIy, PROGRAMMING MIX. (a) Grantee agrees to provide programming that maintains the mix of distinct and separate channels that is presently provided G and listed in Exhibit 4. In accordance with the Cable Act, the Grantee shall, for the term of this Agreement, maintain the mix, s: quality and level of programming set forth in Exhibit 4. E (b) In addition to the programming mix indicated above, Grantee will use the u assortment of optionalraprogra ming t servi ese. a Granteengshall provide, at a minimum, the following additional services: (1) Provision of an additional full channel space for films and cultural entertainment programming f (2) Provision of an additional full channel space for children's entertainment programming (3) Addition of a full channel space for documentary, public broadesting,programming (4) Addition of a full channel space devoted to weather information service. (5) Addition of a Pay-per-View Channel (c) Such services shall be provided not later than November 1, 1994. Grantee agrees to produce a minimum of 400 hours of local origination programming annually. One hundred (1001 hours of such programming may be supplied from other Sammons local origination sources. SECTION XXV. FORCE MAJEURE. terms, cthe event the Grantee's onditions, obligations or lireq irements flofethisaA roe the g Bement PAGE 17 r J t ` is prevented or impaired due to any cause beyond its reasonable control which was not reasonably foreseeable to the parties _ I hereto, such inability to perform shall be deemed to be excused for the period of such impairment, and no penalties or sanctions shall be imposed. Before invoking this Section, the Grantee must have exercised good faith in attempting to perform such terms, conditions, obligations or requirements. Causes beyond the Grantee's reasonable control and not reasonably foreseeable to the parties hereto shall include, without limitation, labor unrest and strikes. Upon its best good faith efforts to obtain all authorizations on an expedited basis, the Grantee shall also be excused for time delays in construction requirements in Section VI which are caused by unreasonable delays on the part of utility companies or the City in issuing licenses, permits or authorizations for poles and conduits or other authorizations necessary to continue construction. Where the Grantee cannot obtain access to any individual's property, after due diligence and a good faith effort by the Grantee to obtain access to such property, compliance with the terms of this Agreement shall be excused by the City as to that individual and the consequential effects thereof only, and only for such period as the property is inaccessible. Where the cause beyond the Grantee's control is either an act of God or civil emergency, an inability to perform during such period shall not be an independent ground for termination of this Franchise Agreement. SECTION XXVI. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by any party to another shall be in writing and shall be sufficiently given and served upon the other party, immediately if delivered personally ar by telex or telecopy (provided with respect to telex and telecopy that such transmissions are received on a business day during normal business hours), on the second business day after dispatch if sent by first class mail, registered or certified, return receipt E requested, postage prepaid and addressed as follows: The City: City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Attention: City Manager The Grantee: Sammons Communications, Inc. ` 500 South Ervay Street, Suite 200-A f Dallas, Texas 75201 Attention: General Counsel PAGE 18 f it 1 I~ 1 I SECTION XXVII. SAVINGS CLAUSE. If any section, subsection, sentence, clause, phrase or 4 portion of this ordinance is for any reason held invalid or I unconstitutional by a federal or state court or administrative or governmental agency of competent jurisdiction, specifically including the Federal Communications Commission, such portion shall such holding ashall separate, not affect distinct aval validity independent provision, and portions thereof. SECTION XXVIII. CONFLICTING ORDINANCES AND RESOLUTIONS. All ordinances or resolutions in conflict herewith are to the then eventrof aae co Elict ebetweenf thehCableli0rdinancet and that I~ franchise agreement, the ordinance shall prevail. SECTION XXIX. FEES. This franchise ordinance renews and extends that Ordinance which has previously been granted for the operation of Cable television services in the City of Denton, Texas. Grantee agrees to pay to the City of Denton a lump sum fee of $91,0279 $5,000 of I which was paid by Grantee on July 8 1988, and the remainder of f which will be paid upon acceptance o€ this franchise agreement by the Grantee. The sum of Sixty Thousand Dollars ($60,000) represents a voluntary contribution by Grantee in lieu of capital l expenditures and Grantee agrees that such payment may not be deducted from the franchise fees provided for herein. Grantee specifically agrees, and to the extent permitted by law, waives to use any rights to claim to the contrary. The City agrees funds for the operation of the Local Government Channel. Grantee agrees to pay the sum of $31,027 to reimburse Grantor for the costs incurred in preparing, reviewing and awarding this franchise. SECTION XXX. PAYMENT OF TAXES. The Grantee covenants and agrees that it will pay and discharge, or cause to be paid and discharged, in timely fashion all payments in lieu of taxes, service charges, assessments, utility fees, user fees and other governmental charges which may lawfully be imposed upon the Grantee with respect to the Grantee or the Cable System or any portion thereof or relating thereto or upon the revenues and income therefzom and will pay all lawfui claims for labor, material and supplies. which, if unpaid, might become a lien or charge upon any of said properties, revenues or income or which might impair the security interest granted by this Agreement or the value of the Cable System or the Grantee; PAGE 19 i I antee aith in this Sect asn the shall Grant a ire in the r f provided that su h hpayment so long to make any thereof. shall contest the validity ` SECTION I' NON-LIABILITY. n other or forolossy damage shall not be r liae to the personal Grant The City for death or p stem or person or entity ro ert in, on or about the Cable System destruction of p P Y nor shall the City any dart thereof by or from any cause whatsoever other than the or wi8~a to the Grantee or to any of the City a own negligence waY or reg members, agents or be liable in any officers, directors, any Grantees affiliates, offic ainst the Grantee by employees if any claim is asserted ag election or taxing authority or other entity as the reshaveomadeywith respect decision which the Grantee may make or may for purposes of filing federa or state of filingiwhat- to the Cable System an other type or franchise tax returns or making any defend the soever; and the Grantee shall indemni feeanfrom, e and harmless the ' agents and emp Y liabilities, expenses City and its o afn Ceand all claims, liens, losses and same against, y fees and disbursements), (including attorneys personal injury or from the loss, judgments arising from deafh property of any person omissions s or damage or destruction oindirectly from any acts, with resulting directly or its officers, agents or employees or negligence of the Grantee, :u ancy of, or operation in, on, ofo respect to the use or Oco the Grantee. about the Cable system o SECTION XXXII- WAIVERS. breach, default or violatiokeot and No waiver by City of any erformed, P ' to be or act ve a waiver terms, covenants or conditions hereof to be P ee shall be construed observed by Grant of such terms, covenants and of any subsequent default of any conditions. XXXIII. APPROVAL AND ACCEPTANCE. SECTIO_ _ this In accordance with Section 13.02 of the city Charter, ; da s after final ran tee shall give its written ordinance i all become effective twentte shall below; and e, si gWing provided w) of approval, before that 'at G acce tance of this er finale approvaland before the expiration provided that, the full text of this ordinance shall be twenty-one (21) days, 2 consecutive weeks in the Cityfo the w expe se of which shall be borne published once each o f week official newspaper by Grantee accepts Grantee for itself, its successors and assigns gOf its berms and this ordinance and agrees to be bound by f provisions. PAGE 20 I M i 4 t PASSED AND APPROVED on first reading, this the day of 1988. PASSED AND APPROVED this the day of 1988. a I ? RA ST PHE , I ATTEST: ENN ER WAL , C g APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: GRANTEE SAMMONS COMMWiICAfIONS, INC. BY: d 1 { i PAGE 21 i i r i j e f MINUTES CABLE TV ADVISORY BOARD ` AUGUST 31, 1988 I PRESENT Charlie McNeil G. L. Seligmann, Chairperson Darlene Whitten ABSENT Jim Alexander, Council Liaison Meta Carstarphen Joseph Fearing STAFF PRESENT Debra Adami-Drayovitch, City Attorney Julia Moore, Administrative Analyst , 4 The Cable Television Advisory Board meeting was called to order by Chairperson Seligmann at 6:15 P.M., on Wednesday. August 31, 1988, in I the Utility Conference Room of the Service Center, 901 Texas Street. C ~ ITEM 01 The board unanimously approved the minutes of the July 21, 1988, and { July 27, 1988, CATV board meetings. i ITEM #2 E ~ ` The board reviewed the proposed amendments to Chapter 51 of the Code of Ordinances. Charlie McNeil stated that the issue of VCR and remote control compatibility was very important and the board should continue t to pursue options to assist the customer in obtaining a user friendly system. 4 Darlene Whitten expressed a concern that Section 51-17(9) did not 1 include the Center for the Visual Arts and the Ray:or Center for the f III Performing Arts as public buildings to be connected to the cable system at no charge and that Sammons had previously committed to providing two i way capability for both buildings. Staff responded that Sec- If tion S}-77(9) referred to the provision of basic cable drops and that V ` ljm09O28873/1 t J CABLE TV ADVISORY BOARD MINUTES August 31, 1988 Page 2 the provision of two way service to the two 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 Council. Therefore, a provision to this effect 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 feri and 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. Ms. 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. ITEM 03 Staff discussed the results of its meeting with Sammons Communications, t Inc. concerning the CATV Board's recommendations on Sammons' Proposal f for Renewal of its franchise agreement and then reviewed the agreed-upon th he thatthe agredeupboard voiced no on terms would be objections and fnrtrsexplainede ~ to staff City Council for their approval. Darlene Whitten suggested that the newspaper should be provided with information prior to the meeting in order to inform the public of the refranchisement process and issues. } ITEM /4 i Staff opened a discussion on changing the meeting nights and the board agreed to meeting on Thursday instead of Wednesday. ` Staff also briefed the board on the Status of cable service to the down- town square ares - cable has been laid and Sammons should be contacting the individual businesses within the next two weeks. The meeting was adjourned at 8:10 P.M. 1]mO9028873/2 I SUMMnRY OF CITY OF DENTON/SAMMONS COMMUNICATIONS, INC. DIOCUSSION OF CATV BOARD RECOMMENDATIONS NEGOTIABLE ITEMS BOARD RECOMMENDATIONS AGREED UPON TERMS Standby power supply of two hours. Same Local origination programming. Minimum of 400 total hours of Minimua number of hours produced local origination. annually - 400 to 600. 100 hours can be supplied using programming from other Sammons sources. Cable company to keep list of Cable company to keep list of in- inquiries on public access training •quiries on public access training j and conduct training sessions, and conduct the sessions on a Minimum requirement of ten persons. quarterly basis. This does not In- clude the annual training session sponsored through the Denton Independent School District. ti Drop request to equip the Council Sammons will provide a $60,000 Chambers in return for $60,000 grant due in one lump sum payment grant to purchase equipment for at the time the franchise agree- operation of local government ment is signed. If City decides to j channel. equip Council Chambers, that cost would be drawn from the $60,000 grant. Maximum payment from Sammons of Maximum payment from Sammons of $15,000 for refranchisement costs. $35,000 for refranchisem:nt costa due in one lump sum at the time of the signing of the franchise agree- ment. A N I SUMMARY OF RECOMMENDATIONS Page 2 ' BOARD RECOMMENDATIONS AGREED UPON TERM t 15 year franchise term in return for: Sammons agrees with the stipulation - payment of refranchisement that the City select three fee ($33,000) nationally recognized consultants - training sessions for public to perform review and Sammons has access use to agree on one. Maximum cost of - performance review to be review not to exceed $23,000 CPI. conducted at the midpoint of the franchise agreement. Costs associated with perfor- mane review which can include but are not limited to a consumer survey, technical review and financial analysis, are to be paid by cable operator. t i i t r I i 4 i 1 a al t I v 1 LAAA.U ■ I I ; II 1 WrYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620 f / TELEPHONE (817) 588-8307 Office of the City Manager Y~EMrZF'AND'JM Lratet Cctaber 28, 19?e To: The Mavor and Members of the City Council Fror' Roger Nelson, Administrative Aide SubieCt: STREET CLOSING Mr. Lrerv Hudgens of the American Cancer Society is requesting this j street c1cs-ing as a part of this year's Great American Smoke Out. The streets to be closed are £l. (between Walnut and Oak) and Hickory (between Locust and Cedar). The streets will be closed from 11:3r) AM to 1:30 PM on Wednesday, November 16, The American Cancer Society will be distributing information about the d Smoke Out and the h4zards of smoking. They will also be serving refreshments. A hot air balloon, possibly two, will be tethered over the street. For safety reasons, it is staff's opinion that the ~ streets need to remain closed while th:r balloon is in the air. If you have any further queations, please let me know. 'oe i E R er Nilson i k fi f ti I 1 REQUEST FOR STREET CLOSURE Organization requesting street closure American Cancer Society Contact Person: Derv Hudgens Addresst 320 W. Oak _ one Number, 387-6171 _ Street To Be Closed: Hickory and Elm Streets Intersecting Streets: Rickory: between Cedar and Locust f Elm: between Oak and Walnut Reason For Closures Great American Smokeout Date: November'16, 1988 Time: 11:45 AM to 1:15 PM Please complete the bottom portion of this form. ALL residents and/or businesses affected by the streat closure OUST be contacted and sign below with an indication of being n favor or in opposition to the street closure. ~r NAME U tla ZED OF BUSINESS h RE FAVO C r h 1. !it <x11)f. 2 1 ' \C 3. 1 4. 4 Yt1 IMIYV Xa- : . .Q ~..Sl -cvi 2983C/5 F -T - T i 1y~ I REQUEST FOR STREET CLOSURE ` Organization requesting street closure American Cancer Society Contact Person: Derv Hudgens Address: 320 W. Oak Phone Number: 387-6171 Street To Be Closed: Hickory and Elm Streets M Intersecting Streets: Hickory: between Cedar and Locust Elm: between Oak and Walnut I Reason For Closure: Great American Smokeout Date: November 16, 1988 Time: 11:45 AM to 1:15 PM Please complete the bottom portion of this form. ALL residents i and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being rn favor or in opposition to the street closure. NAME AUTHORIZED OF BUSINESS SIGNATURE FAVOR/OPPOSE >`1. ~ tt}7 ~~q-~~ 2. - c i a 4. l 5 r L 6, I k~ 7 k h i i 9• 1D. ' 12. 2983C/5 i i REQUEST FOR STREET CLOSURE Organization requesting street closure American Cancer Society Contact Persons derv Hudgens Address 320 W. Oak Phone Numbers 387-6171 Street To Be Close ds Hickory and Elm Streets Intersecting Streets. Hickory: between Cedar and Locust d Elm: between Oak and Walnut Reason For Closures Great American Smokeout i Date: November'16, 1988 Time: 11:45 AM to 1:15 PM Please complete the bottom portion of this form. ALL residents and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor or in opposition to the street closuro• NAME AUTHORIZED OF BUSINESS SIGNATURE FAVOR/OPPOSE e as Ellinptton's - 3- EveLs- 4. T 6 t S• 6• E b• lot i 1Z•~ 2983c/s 2537L RESOLUTION NO. A RELOLUTION TEMPORARILY CLOSING A PORTION OF HICKORY AND ELM STREETS ON NOVEMBER 160 1988; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Derv Hudgens representing the American Cancer society has requested that Hickory Street, from its intersection with Cedar Street to its intersection with Locust Street, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 11:45 a.m. ro 1:00 p.m. on November 16, 1988, for the purpose of tethering C. hot air balloon to help celebrate "The Great American Smokeout'; and WHEREAS, the same group has requested that Elm Street, between OaK and Walnut Streets, be closed during the same tine for the same purpose; and WHEREAS, Mr. Hudgens has assured the City Council that all residents in such blocks of Hickory and E?m Streets have agreed to the temporary closing of said streets; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Hickory Street, from its intersection with w Cedar Street to its intersection with Locust Street, a public street in the corporate limits of the City of Denton, Texas, and Elm Street, from its intersection with Oak Street to its intersection with Walnut 'treet be temporarily closed to vehicular traffic from the hours of 11:45 -a.m. to 1:00 p.m. on November 16, 1988, for the purpose of tetherin$}a hot air balloon to help celebrate "The Great American Smokeout. SECTION II. That the City Manager shall direct t'e appropriate C ty Department to erect barricades at Hickory Street, at its intersection with Cedar Street and at itn intersection with Locust Street, and on Elm Street, at its intersection with Oak Street and at its intersection with Walnut Street, at 11:45 a.m. on November 16, 1988 and to have the same a removed at 1:15 p.m. on said date. SECTION III. That this Resolution shall become effective immediately upon its passage and approval. _.J 1 r . f PASSED AND APPROVED this the day of 1988. KAY-5TEPHE , MAYUK i ATTEST: JENNIFER MTERS9 CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH l A F l I j I l: y' j t 55' f c 1 i i I I 1 h I ~ f ti t November 1, 1988 CITY COUNCIL AGENDA !TEM TO s t.gyDR AND f.U IBERS OF TF E CITY COU1JC f L FRCMi Lloyd Harrel I, City Manager SUBJ: CONSIDER RESOLUTICIJ SETTING FURTH PRINCIPLES OF AC £Eh£NT REGARDING Ufll_IZATION OF LAKE LEWISVILLE FOR RECEIVING, STORAGE AID TRANSPORTATION OF RAW WATER FROM COOPER ` RESERVOIR A11J DECLARING AN EFFECTIVE DATE. RECQvf,ENDAT 1 C N r The Public Utilities Hoard, et their meeting of September 149 1988, recorrrrended to the Cit; Council approval of the proposed Resolution. St M44RY r The City of Irving, In partnership with the North Texas Municipal Water District, is constructing the Cooper Reservoir on the Sulphur River north of Sulphur Springs, Texas, near the corrrrunity of Cooper, Texas. Irving has rights to 40 MM of ( water and plans to extend a pipeline trom the Cooper Reservoir to the northeast reaches of Lake Lewisville. They then want to use Lake Lewisville to store and transport the water to the Elm Fork of the Trinity River and transport It down to a Dallas water plant for treatment or, eventually, their own water plant. Since Dallas and Denton have the rights and ownership to the storage in Lake Lewisville, the proposed Resolution Is the first step to a full contractual agreement to use some of these storage rights and to use Lake Lewisville as a transportation medium for Iving water. The Resolution establishes that any storage utilization will be from Dallas' storage rights and not Denton'a. It also establishes that if there is any decline in yield due to Irving 's use of the reservoir, that Irving will "make up" that loss from other water sources. The Resolution also has a clause expressing Irving's intent to allow the Upper Trinity Municipal Utility Authority or such other Denton County area regional water agency an opportunity to participate In oversizing the proposed ins if such participation is mutually beneficial to Prop all parties. Finally, the Resolution extends Irving's support for Denton to utilize Irving's water flows for the generation of hydroelectric power at the Lewisville outlet works if the water flows to a downstream water plant. I Page 2 f PRUW66, DEPARTMENTS OR CROUPS AFFECTEM Denton Municipal Utilities, Public Utilities Board, City of - Irving, Legal Department, City Council, and Citizens. FISCAL IMPACTS No cost to the City of Denton and benefits may accrue to the line Denton from Cooper tReservioir. by Possibility lof Increased akilowatt-hour generation by proposed Lewisville hydro unit. Respe ul4/y/su tad ploy Herten , City laneger k P r e sced~ i - ° E. Nelson, Executive t Director of Utilities r I, Appr ved by I Iti R. E. Nelson, Executive ! Director of Utilities ! t 4 I f , t 11 RESOLUTION NO. A RESOLUTION SETTING FORTH PRINCIPLES OF AGREEMENT REGARDING UTILIZATION OF LAKE LEWISVILLE FOR RECEIVING, STORAGE AND TRANSPORTATION OF RAW WATER FROM COOPER RESERVOIR AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Cities of Denton, Dallas and Irving agree that in order to provide for the long term water needs of the Elm Fork- Trinity Basin Area, additional water must be made available by introduction of waters from other areas; and, WHEREAS, the City of Irving has rights to appropriate 107,838 acre feet of water to be impounded in the Cooper Reservoir now under construction and has need to transfer said water into the Eli Fork-Trinity Basini and, WHEREAS, the Cites of Denton and Dallas currently hold water storage rights in Lake Lewisville and are willing to allow the City of Irving the privilege of storing waters from Cooper Reservoir therein and using Lake Iewisville as a transportation medium; and, WHEREAS, it is the agreement of the Cities of Denton, Dallas and Irving that s:lch storage and transportation shall be allowed and conditionally supported by each in petition to the Texas Water Commissions NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager of the City of Denton or his designee is hereby authorized to negotiate with representatives of the Cities of Dallas and Irving for the utilization of Lake Lewisville for receiving, storage and transportation of raw water from Cooper Reservoir based upon the following preceptsl A. That the City of Denton's water storage V01UL10 in the Lake Lewisville conservation pool remain unencumbered by the introduction of water from Cooper reservoir by the City of Irving. Only volumes as determined between Dallas and Irving shall be used for this purpose, with Dallas allowing the use of its portion of the conservation pool for such storage. B. That the City of Irving pay a pro-rata share of the IS l operation and maintenance cost, on an annual basis, as determined thee reservoir. introduced b the actual n relation to the dependable yield of Cooper i C. That the City of Dallas shall incorporate the Cooper o waters supply for the purpose% of providing treatment and transportation to the Pity of Irving, provided such volumes flow through the Cl[y of Dent.a's hydroelectric plant in accordance with paragraph F., Irving shall to be applied to receive reduce the credit, of known its water purchases hereof. n from the City of Dallas in consideration for the provision of Dallas Cooer of such credits to be jointly agreed pons by the system, the and Irving. D. That in consideration for the use of a portion of the Lake Lewisville conservation pool, and in order tc provide assurance that there will be no loss of water supply yield in the reservoir, the City of Irving agrees to provide 250,000 gallons per clay in excess of the amount for which a raw water credit is taken or, at its option, deliver water to Lake Lewisville at an optimum rate e3 supply Dallas, yield from he rminimizin eservoir the likelihood determined in by the water City of of a E. That the right of the city of Irving to pass water transported from Cooper Reservoir through Lake Lewisville shall not be unilaterally terminated during the term of this tcontracti erminate however, upon seven (7) years notice, either party may the use of Lake Lewisville for the purpose of seasonal storage tthe uof the water brought in by the City of Irving, provided would not be terminated prior to the year 2002. F. That the City of Irving supports 'he City of Denton's rights utilize the Lake Lewisville outlet wo rks if the waterdflowsctos power at a downstream plant. G. That the City of Irving will support the Upper Trinity Municipal water Authority or such other Denton County area regional II water agency's opportunity to participate in ovrsizing the ills proposed pipeline from Cooper Reservoir to Lake Lewisville if such participation is mutually beneficial. SFCTIOIi Ii. That the above stated principles are for negotiating purposes only and that this resolution is not intended to be an ayrecment in and of itself. 10N •.71r. That thle _....,jlution shall become effective immediately upon +6: Vassage and approval. ~I I i PASSED AND APPROVED this the day of , 1988 RAY STEPHENS, MAYOR 4 ATTEST: i e i 't JENNIFER WALTER, CITY SECRETARY j APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: s r I r i r h 3 s 1 i i E XCERP I PUHLIC UTILITIES t30N-~N MirJJTES September 14, 1988 5. U.1451F)ER APOIDVAL OF NUAIiAIW l CIF U_J~ER~ItVJ~I~J[; VOITH THE CITY _if' '-I RVI~1G REGAFOTFJG UTILICATI(]fJ GF~ LEYd[SVI -----0---- spry T~2A1d5F[]2TAT[OrJ_UF~CJUOptt_F2ESEF21UIfl_I'IATER_iO_TIit-C 1TY UF_,1RVIFJC;.~r Nelson Introduced this Item explaining that the City of Irving, In partnership with the North Texas Municipal Vister District, Is constructing the Cooper Reservoir on the Sulphur River north of Sulphur Springs, Texas, near the corrmunIty of Cooper, lexas. Irving has rights to 40 Nil) of water and plans to extend e pipeline from the Cooper Reservoi7 to the northeast reaches of Lake Lewisville. They then went to use Lake Lewisville to store and transport the water to the Elm Fork of the Trinity River and transport it down to a Dallas water plant for treatment or, eventually, their own water plant. Since Dallas end Denton have the rights and ownership to the storage In Lake Lewisville, the proposed Memorandum of Agreement Is the first step to a full contractual agreement to use some of these atcrage rights and to use Lake Lewisville as a tranaportatfun medium for Irving water. The Memorandum r setstorablishes storae lliIt tialso wl eisltabllhes from that Dallas' if there Is any decline In yield due to Irving's use of the f reservoir, that Irving will "make up" that loss from other water sources. The memorandum also ties a clause expressing Irving's Intent to allow the Upper Trinity Municipal Utility Authority or such other Denton County area regional water agency an opportunity to participate in oversizing the proposed line If l such participation Is mutually beneficial to all parties. Finally, the agreement extends Irving's support for Denton to utilize Irving's water flows for the s power at the Lewisville outlet works Itrthe°hwater hyfIoweetoria downstream water plant. There will be no cost to the City of Denton and benefits may accrue to the Denton County region b such raw water line from Cooper Reservoir. Threrie Ipis alson the possibility of increased kilowatt-hour generation by proposed Lewisville hydro unit. Thompson asked how this will affect the Nelson stated that there Is a quality of the water. { end this wlII nut be a provision addressing this issue problems will effect our supply ofw ter?ha NeHoard asked lson explainedutthis wild raise the level and the lake will cover more acres, giving greater surface and increasing loss of yield. This will be taken care of by the contract and they will pay pro rate share of annual maintenance costs. Nelson directed the Board's etteiition to paragraph 6 which Indicates Irving's support of Den'on's generation of hydroelectric power. i i 1 f ' I I Page 2 ` LeForte asked about the meetings that have been held between Denton and Dallas regarding t h I a Iaaue. Harrell stated that M Dal la e' pledge to the City was that If both projects are feasible, Dallas will make sure their staff works with Denton In order to work something out. Nelson stated that Dallas has expressed they wanted to put In the pipeline and take IOU NW and allocate only 35 &QJ to the stream. Our trubine needs at least 100 lam. Some of the alternatives Eire: 1. We put in power house and get Dallas to delay putting In the pipeline so we would get 15 years usage, then f 2. Install a smaII turbine on a bypass after Dallas installs the pipeline and capture 35 kW for power generation. 1 Nelson further reported that Chairmen Laney, the City Manager and Nelson visited the office of Dominlon-Bridge Company concerning the turbine they are building for us. Denton had asked them to put a hold on the turbine; however, we did not know they were 65% complete on the project. They will charge Denton penalty charges If necessary. Cur team asked If Denton could use this turbine on Ray Roberts. Dornlnlon-Bridge explained that the technology between the two proposed projects is very different because pressure Is 5U% more at Ray Roberts ' and the margin of safety Is not enough to put that turbine at Ray Roberts. The best alternative Ia if we install In Lake Lewisville and get 10 years usage. There era other solutions being considered. Looking at the economics of the proposed Dallas pipeline project, Dallas Is going to have a $25 million 'n negative cash at the end of 25 years. It will take 33-40 years h to recover their capital from this pipeline project. Thompson made a motion to recommend to the City Council approval of the Memorandum of Understanding with the City of Irving 1 - regarding Utilization of Lewisville Lake for Transportation of 4 Cooper Reservoir We tar to the City of Irving, pending legal s, department approval. Second by Frady* All eyes, no nays, motion carried. r~ 612UUt4 i F rT= V t A k rTI= 5 ~.s 0 ' 1 p f e I i i 4 i i I yC. I RESOLUTION NO. A RESOLUTION AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED WITHIN TATS lr 2r 3r AND 4, BLACK Pr OF THE NORTHWOOD ADDITION, NO. 7A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN DRAINAGE AND UTILITY IMPROVEMENTSI AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that it is necessary to acquire the easements described herein in order to make certain drainage and utility improvementsl and WHEREAS, the City of Denton has been unable to agree with the owners of the real property upon the value of the easements to be acquired; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SXQTION T. That the City Attorney of the City of Denton is authorized and directed to bring condemnation proceedings to obtain the following described easementst 1. A drainage and utility easement in the property described in 3xhibit "A", attached hereto and incorporated herein by reference. 2. A drainage easement in the property described in Exhibit B , attached hereto and incorporated herein by reference. 3. A utility easement in the property described in Exhibit "C", attached hereto and incorporated herein by reference. S SECTION II immed That this resolution shall become effective Lately upon its passage and approval. ` PASSED AND APPROVED this the t. day of r 1988. F= ATTESTS RAY STEPHENS, MAy~ 0~ g JENNIFER WALTERS, CITY SEC RE1'ARY APPROVED AS TO LEGAL FORMS DEBRA DRAYOVITCH* ATTORNEY BYt v 1 EXHIBIT "A" (Drainage and Utility Easement) ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and being part of Lots No. It 2, 3, and 4, Block P of the Northwood Addition Installment At an addition to the City and County of Denton, and also of being part of a tract of land as conveyed from Un:versal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded in Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northern most southwest corner of Lot 1 of said addition, said point being the northwest corner of Lot 13, Block J of the Northwood Addition, 5th Installment, said point also lying in the southeast right-of-way line of Burning Tree Lane; THENCE south 520 25' east along the southwest boundary line of said Lot 1 and the northeast boundary line of said Lot 13 a distance of 6.91 feet to the beginning of a curve to the left having a radius of 195.00 feet, a central angle of 20 SS' 17.9" and chord bearing and length of south 530 52' 38.9" east, 9.94 feet for corner; THENCE southeasterly along said curve to the left same being the southwest boundary line of said Lot 1 and the northeast boundary line of said Lot 13 and arc distance of 9.94 feet to the POINT OF BEGINNING, said point lying in the south boundary line of an existing 80.0 foot drainage easement for corner; THENCE north 770 35' east along the south boundary line of said existing 80.0 foot drainage easement a distance of 174.42 feet to the beginning of a curve to the left having a radius of 356.52 feet, a central angle of 400 0' an,d a chord bearing in length of north 570 35' east, 243.87 feet, for corner; THENCE northeasterly along said curve to the left, same being the southeast boundary line of said existing 80.0 foot drainage easement passing at an arc distance of 41.53 feet the east boundary line of said Lot 1 and the west boundary line of' said Lot 2, continuing along the southeast boundary line of said existing 80.0 foot drainage easement passing at an arc distance of 187.88 feet, the northeast boundary line of said Lot 2 and the southwest boundary line of said Lot 3 and continuing along the southeast boundary line of said existing 80.0 foot drainage r easement for a total are distance of 248.90 feet to a point for corner; THENCE north 370 35' east along the southeast boundary line of said existing 80.0 foot drainage easement passing at 67.08 feet the northeast boundary line of said Lot 3 and the southwest i i N t EXH'4IT "A" Drainage 6 utility Easement page 2 boundary line o` said Lot 4, and continuing along the southeast boundary line of said existing 80.0 foot drainage easement for ` a total distance of 201.45 feet to the eastern most corner of II said Lot 4, said point also being the westerly northwest corner of Lot 51 Block J of said addition, said point also lying in the southern most point of an existing drainage easement as _ recorded in Block D of said addition for corner; THENCE south 250 15' along the southeast boundary line of said Lot 4 and the northwest boundary line of Lot 5, Block J passing at 137.57 feet the southeast corner of said Lot 4 and the northeast corner of said Lot 31 and continuing along the southeast boundary line of saii Lot 3 and the northwest boundary line of said Lot 5 passing the southwest corner of said Lot 5 and the northern most corner of Lot 6, Block J of said addition and continuing along the southeast boundary line of said Lot 3 and the northwest boundary line of said Lot 6 passing at 292.37 feet the southern most corner of said Lot 3 and the northerly southeast corner of said Lot 2, same being the southwest corner of said Lot 6 and the northwest corner of Lot 7, Block J of said addition, and continuing along the southeast boundary line of said Lot 1 and the northwest boundary line of said Lot 7 for a total distance of 396.32 feet to a point for corner; THENCE south 10 32' west along the westerly east boundary line of said Lot 2 a distance of 10.0 feet to the southern most southeast turner of said Lot 2 same being the northeast corner of Lot 9, Block J of said addition for corner; THENCE north 880 28' west along the south boundary line of said Lot 2 and the north boundary line of said Lot 9 passing at ' 105.55 feet the southwest corner of said Lot 2 and the southeast corner of said Lot 1, same being, the northwest corner of said Lot 9 and the northeast corner of Lot 10, Block J of said addition and continuing along the south boundary line of said Lot 1 and the north boundary line of said Lot 10, passing the northwest corner of said Lot 10 and the northeast corner of Lot 11, Block J of said addition and continuing along the south boundary line of said Lot 1 and the noth ta°thear y line ofia total distance of 224.10 fee beginning 11 a Lot curve to the right having a radius of 19S.00 feet, a central angle of 330 7 42.1 " and a chord bearing and length of north 710 S4' 08.9" west, 111.18 feet; k T W4CE northwesterly along said curve to the right, same being the southwest boundary line of said Lot 1 and the northeast boundary line of said Lot 11 passing the northwest corner of 12ock J of said said Lot 11 and the northeast corner of Lot inBlthe northwest addition and continuing along said curve, pass8 f corner of said Lot 12 and the northeast corner of Lot 13, Block f J of said addition and continuing along the southwest boundary line of said Lot 1 and the northeast boundary line of said Lot 13 for a total arc distance of 112,75 feet to the Point of Beginning and containing 0.8501 acres of land. 1 EXHIBIT "B" (Drainage Easement) ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being 3r, of the W. Pogue Survey, Abst. No, 1012 and being part of Lot No. 1, Block P of the Northwood No. 7A Addition, an addition to the City and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded in Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, said point lying at the intersection of the east right-of-way of Burning Tree Lane and the south right-of-way line of Old Lee Court; THENCE southwesterly along a curve to the left, same being the east right-of-way line of said burning Tree Lane and the west boundary line of said Lot 1, having a radius of 100 ft, a central angle of 200 03' 00" and a chord bearing and length of south 120 S' 22.4" west, 34.82' to the Point of Beginning; THENCE south 3S0 41' 41" east a distance of 74,38' to a point lying in the north boundary line of an existing 80' drainage easement, said point also lying 100' southeast of and perpendicular to the northerly boundary line of said Lot 1; THENCE south 770 3S' 00" west along the north boundary line of said drainage easement a distance of 27.22' to a point for corner; THENCE uurth 350 42' 41" west a distance of 52.33 to a point lying in the west boundary line of said Lot 1 and the east right-of-way line of said burning Tree Lane, said point also lying in a curve to the left having a radius of 100' and a central angle of 120 4S' 13.0311, and 'a chord bearing and 1 length of north 290 59' 5S.4" east 27.43' for corner; THENCE northeasterly along said curve to the left, same being I the west boundary line of said Lot 1 and east right-of-way line f of said Burning Tree Lane an arc distance of 27.51' to the point of beginning and containing 1,566.58 square feet of land. 053SE/37 ' r r a r I EXHIBIT "C" (Utility Easement) ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Pogue Survey, Abst. No. 1012 and being part of Lot No. 4, Block P of the Northwood Addition, Installment 7A, an addition to the City and County of Denton, and also of being part of a tract of land as conveyed from Universal Housing Development Company to Universal Management Corporation by deed dated February 9, 1976 and recorded in Volume 773, Page 661 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the westerly southwest corner of Lot 4, block P of said addition same being the northerly northwest corner of Lot 3 of said addition, said point also lying in the southeast right-of-way line of Old Lee Court, said point being the beginni,is of a curve to the left having a radius of 50 feet, a central angle of 100 34' 28,9" and a chord bearing and length of north 320 14' 29.4" east, 9.22 feet; THENCE northeasterly along said curve to the left same being the rorthwest boundary line. of said Lot 4 and the southeast right-of-way line of said Old Lee Court an arc distance of 9.23 feet to the POINT OF BEGINNING, said point being the beginning of a curve to the left having a radius of SO feet a central angle of 190 0.7' 04.8" and a chord bearing and length of north 170 23' 42.6" east, 16.61 feet; THENCE northeasterly along said curve to the left, same being the westerly boundary line of said Lot 4 and the easterly right-of-way line of Old Lee Court and arc distance of 16.68 feet to a point for corner; THENCE south 860 08' 06.4" east a distance of 19S.S6 feet to a point lying in the northeast boundary line of said Lot 4 and the southwest boundary line of an existing drainage easement as platted in Block D of said Northwood Addition fur corner; THENCE south 430 03' 30" east along the northeast boundary y; line of said Lot 4 and the southwest boundary line of said existing drainage easement a distance of 21.60 feet to a point for corner; a THENCE north 880 08' 06.4" west a distance of 215.98 feet to the Point of Beginning and containing 3284.82 square feet of land, i' OS3SE/36 T All i r` l i z h f i ~E M I 2505E ~ r J• NO V--~-~ - AN ORDINANCE AUTHORIZING ENTRY INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DENTON, THE CITY OF HIGHLAND VILLAGE AND THE COUNTY OF DENTON RELATING TO THE ESTABLISHMENT OF A PROGRAM TO FINANCE AND COORDINATE THE PLANNING FOR THE EXTENSION OF FM 2499; PROVIDING FOR THE EXPENDITURE OF FUNDS PURSUANT TO SAID CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION I. That the Mayor is authorized to execute an agreement etween the City of Denton and the City of Highland Village and the County of Denton relating to the establishment of a program to finance and coordinate the planning for the extension of FM 2499, under the terms and conditions contained in agreement, a copy of which is attached hereto and made a part hereof. SECTION Ii. That the City Council hereby authorizes the expen ture o ands in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and 1. PASSED AND APPROVED this the ;Wday o RQAM4 , 1988, a K urres- R. n ' 1 V ~ 3 t ATTEST: r 7 k APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: 1 I i STATE OF TEXAS S INTERLOCAL COOPERATION COUNTY OF DENTON 9 AGREEMENT This INTERLOCAL COOPERATION AGREEMENT (together with any amendments and supplements hereto, the "Agreement"), dated as of August 1, 19ae, executed by and among the COUNTY OF DENTON, TEXAS ("County'% the CITY OF DENTON ("Denton"), the CITY OF HIGHLAND VILLAGE ("Highland Village") and any other political subdivision of the State of Texas that becomes a party hereto in accordance with the terms hereof; WITNESSETH WHEREAS, County, Denton, and Highland village are authorized by the Interlocal Cooperation Act (the "Interlocal Act'% Artio a 4413 (32c), Vernon's Texas Civil Statutes, as amended, to enter into cooperative agreements among themselves, and with and among other political subdivisions, for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives and programs; and WHEREAS, County, Denton, and Highland Village have determined that economy and efficiency can be achieved through the establishment and administration of a cooperative program (the "Program") to finance and coordinate the planning and implementation in cooperation with the Texas Department of Highways and Public Transportation for the extension of FM2499, which each is authorized by law to doi and WHEREAS, County, Denton, and Highland Village have additionally determined that other political subdivisions that acs qualified to do so under the Interlocal Act should be permitted to join with them as parties to this Agreement in order to enhance and fulfill the purposes of the Interlocal Act and their own respective public purposes by participating in the Program (County, Denton, Highland Village and such other additional parties hereto being herein collectively fafarred to as the "Participating Political Subdivisions")s and WHERI±AB, County, Denton, and Highland Village agree, and each additional political subdivision that becomes a Participating Political Subdivision by its acceptance hereof assents, to the creation and designation of the 2499 Task Force ("Task Force") as the administrative agency and instrumentality of the County, and as the administrative agency of the Participating Political subdivisions under the Interlocal Act in implamenting the Program and performing the functions apeaified hereins I I , 04 NOW, THEREFORE, County, Denton, and Highland Village, and such additional political subdivisions as assent hereto, have agreed and hereby do agree as follows, to-Witt Section 1. Creation and Purposes of the Program. (a) County, Denton, and Highlan V age erboy aggreo to cause the Program to be established for their benefit aAd for the benefit of the other Participating Political Subdivisions. (b) The Program shall be implement%d and administered in accordance with and subject to the terms of this Agreement. (c) The purposes of the Program are (1) to ottain the benefits, efficiencies and cost savings that can accrue to the Participating Political Subdivisions by concurrent financing and cooperation, and (2) to take all necessary steps to have PM2499 extended North from FM407. Section 2. Creation. Powers and Duties f ~A ninistrative A c (a) It is agree tat the Participating Political Su v sions shall authorize the creation of the Task Force. I~ (b) County, Denton and Highland Village and the other Participating Political Subdivisions designate the Task Force as their administrative authority under the Interlocal Act to perform the following services and functions, to-wits (i) to prepare and develop plans for the implementation of the Programs (ii) to designate and retain professional services as may be appropriate for engineering studies, legal functions, and any other services which may be deemed necessary for implementation of the Program; (iii) to coordinate with the Texas Department of Highways and Public Transportation for implementation of the Programs (it) to raise funds necessary for planning and implementation of the Program from public or private souccess (v) to take steps to acquire necessary right of way and all governmental permits to implement the Program; NO to perform any functions and duties imposed by it under the terms of the contract, or other agreement to which it is a party. Section 3. Qbliaations of Parti t a in _Political _ Subdivisions, (a) T~payment or performance o gover- nm a I $$air -2- I V f made from current unctions, services and obligations of the Task Force shall be Participating Political Subdivisionsv orlfrom o her futhe ain by the Task Force, nds raised (b) Each Participating Political Subdivision shall be responsible for -funding of the Task Force in the following amountas County $500000 Denton $25,000 Highland Village $25,000 After bodies!c)the County ~uDantono and bHighlandCevppllageA wiqqllereach appoint three members to a Board of Directors ("Board"), which will become the governing body of the Task Force. Section 4. A ditioWf1nsd--Fn--t-Fe7 Pac ie wi h rawal . (a) Any "local become a government," as interloca `Act, may party to this Agment if approved by the Board and Part in the form u and substance attached heretoAas ExhibituA;tantially (b) Any Participating Political Subdivision may withdraw from this Agreement at any time by giving 30 days written notice to all Participating Political Subdivisions' and the Task Force. It is provided, however, that such withdrawal shall not reduce, diminish or impair any then outstanding obligations of the withdrawing political subdivision, section 5, tublia Neetinae and Records All meetings of the Board of Directors o the Tail Force a a 1 be open to the public and notice thereof shall be given in accordance with the requirements of Article 6252-17, Vernon's Texas Civil Statutes, as amended, and all records of th• Task Force shall be open to public Ina action in accordance with Article 6251-17a, Vernon's' Texas Civil Sta tutee, as amended. Section 6. WMj The term of th'n Agreement shat one year from theto hereof and shall autca~a ! 1 be renewed t t Ball be or Y one year on each anniversae of the Y aommencem en except with Fes ct t t Pe o any Partial atin Politics 9 1 Subdivisions that p may have withdrawn herefcom in hereof. accordance with Section 1 section 7. Qther Cowrnmental Program: The execution of the Agreement oy an Part a pat ng Po t cal Subdivision roes not 1 poser mtio er r1mit, impair, dimyminish or affect its in an programs by interlocal agreement or otherwise,ther governmental 1 .3- IL Section 8. Acce tan e 8 Task Force. After the creation of the Task Force n accor ance herewith, this Agreement shall be submitted to the Task Force for its approval, acceptance and agreement as hereinbelow provided, after the execution of which, this Agreement shall be in full force and effect. EXECUTED AND DELIVERED initially by and between County, Denton, and Highland Village on and as of the day and year first above written. - COUWOFD N By ge ATTEST: 1 County Clerk o Clark o t 9o Commissioner's Court CITY OF DENTON, TEXAS BY a ATTEST: Mayo ;a pty Secretary i i CITY OF HIGHLAND VILLAGE, TEXAS 1 By /c/ mayor ATTEST: city secretary i -4- ACCEPTANCE BY TASK FORCE The 2499 Task Force hereby accepts the terms and provisions of the above and foregoing Agreement and agrees to be bound thereby to the extent required therein, all on and as of this day of 1986. 2499 TASK FORCE (SEAL) By /s/ b Chair ATTEST. /a/ Socretary y s Ra h ey Ie I I I i 7 ~ Exhibit A Additional Party Agreement political Texas, T acting byn and through thes undersigned dulyeauthorized officer(s), by this instrument agrees to become A. Participating Political Subdivision under, but strictly subject to, the terms and provisions of that certain Interlocal Cooperation Agreement, dated as of August 1, 1988, and initially executed by and among the County of Denton, the city of Denton, and the City of Highland Village. Executed this day of 1980. D rtr ct %%;IZyI County etc. By Duly Aut or ze Officer y f~ I a` y4 Ii l if* I t 6- I ADDENDUM INTERLOCAL COOPERATIVE AGREEMENT The following items are hereby added to the above agreement: 1) All milestone phases of roadway alignment development will be reviewed and approved by City of Denton, City of Highland Village, and Denton County prior to Task Force approval. 2) The Task Force shall prepare and submit a budget of projected expenditures to the City of Denton, City of highland Village and Denton County for their approval prior to reimbursement of any project costs. 3) The above two requirements shall be included in the text of the agreement between the Task Force and the Consultant (s). 4) All contracts between the Task Force and Consultant (s) shall be approved by City of Denton, City of Highland Village and Denton County. c i5 J f -7- 1 1-4 4 L& IT;;H I Gj 77i I ~1 I 4~~ 11r r`N~ I ~ N4 S }R[~NT Ay 1 1-;T A~ ~g f M t i F i r END ~ OF FILE